81_FR_70478 81 FR 70282 - Endangered and Threatened Wildlife and Plants; Proposed Threatened Species Status for Sideroxylon reclinatum ssp. austrofloridense (Everglades Bully), Digitaria pauciflora (Florida Pineland Crabgrass), and Chamaesyce deltoidea ssp. pinetorum (Pineland Sandmat) and Endangered Species Status for Dalea carthagenensis var. floridana (Florida Prairie-Clover)

81 FR 70282 - Endangered and Threatened Wildlife and Plants; Proposed Threatened Species Status for Sideroxylon reclinatum ssp. austrofloridense (Everglades Bully), Digitaria pauciflora (Florida Pineland Crabgrass), and Chamaesyce deltoidea ssp. pinetorum (Pineland Sandmat) and Endangered Species Status for Dalea carthagenensis var. floridana (Florida Prairie-Clover)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70282-70308
FR Document2016-24140

We, the U.S. Fish and Wildlife Service (Service), propose threatened species status under the Endangered Species Act of 1973 (Act), as amended, for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass) and Chamaesyce deltoidea ssp. pinetorum (pineland sandmat), and endangered species status for Dalea carthagenensis var. floridana (Florida prairie-clover). All four plants are from south Florida. If we finalize this rule as proposed, it would extend the Act's protections to these plants. The effect of this regulation will be to add these species to the List of Endangered and Threatened Plants.

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Proposed Rules]
[Pages 70282-70308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24140]



[[Page 70281]]

Vol. 81

Tuesday,

No. 196

October 11, 2016

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; Proposed Threatened 
Species Status for Sideroxylon reclinatum ssp. austrofloridense 
(Everglades Bully), Digitaria pauciflora (Florida Pineland Crabgrass), 
and Chamaesyce deltoidea ssp. pinetorum (Pineland Sandmat) and 
Endangered Species Status for Dalea carthagenensis var. floridana 
(Florida Prairie-Clover); Proposed Rule

Federal Register / Vol. 81 , No. 196 / Tuesday, October 11, 2016 / 
Proposed Rules

[[Page 70282]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2016-0090;4500030113]
RIN 1018-BB48


Endangered and Threatened Wildlife and Plants; Proposed 
Threatened Species Status for Sideroxylon reclinatum ssp. 
austrofloridense (Everglades Bully), Digitaria pauciflora (Florida 
Pineland Crabgrass), and Chamaesyce deltoidea ssp. pinetorum (Pineland 
Sandmat) and Endangered Species Status for Dalea carthagenensis var. 
floridana (Florida Prairie-Clover)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
threatened species status under the Endangered Species Act of 1973 
(Act), as amended, for Sideroxylon reclinatum ssp. austrofloridense 
(Everglades bully), Digitaria pauciflora (Florida pineland crabgrass) 
and Chamaesyce deltoidea ssp. pinetorum (pineland sandmat), and 
endangered species status for Dalea carthagenensis var. floridana 
(Florida prairie-clover). All four plants are from south Florida. If we 
finalize this rule as proposed, it would extend the Act's protections 
to these plants. The effect of this regulation will be to add these 
species to the List of Endangered and Threatened Plants.

DATES: We will accept comments received or postmarked on or before 
December 12, 2016. 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 25, 2016.

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-2016-0090, 
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-2016-0090; U.S. Fish and Wildlife 
Service Headquarters, 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: Roxanna Hinzman, Field Supervisor, 
U.S. Fish and Wildlife Service, South Florida Ecological Services 
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 are required to promptly publish a 
proposal in the Federal Register and make a determination on our 
proposal within 1 year. Listing a species as an endangered or 
threatened species and designations and revisions of critical habitat 
can only be completed by issuing a rule.
    What this proposed rule does. This document proposes the listing of 
the Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
and Chamaesyce deltoidea ssp. pinetorum as threatened species, and 
Dalea carthagenensis var. floridana as an endangered species. The four 
plants are currently 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 regulation has until now been precluded by other higher 
priority listing activities. This proposed 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 Sideroxylon 
reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana 
consist primarily of habitat loss and modification through urban and 
agricultural development, and lack of adequate fire management (Factor 
A) and proliferation of nonnative invasive plants, stochastic events 
(hurricanes and storm surge), maintenance practices used on roadsides 
and disturbed sites, and sea level rise (SLR) (Factor E).
    We will seek peer review. We will seek comments from independent 
specialists to ensure that our proposed designation is based on 
scientifically sound data, assumptions, and analyses. We will invite 
these peer reviewers to comment on our 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 the public, 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 range 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 
habitat, 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

[[Page 70283]]

potential effects (positive or negative) of these activities on these 
plants.
    (5) Additional information concerning the biological or ecological 
requirements of these plants, including pollination and pollinators.
    (6) Additional information concerning the current and projected 
effects of climate change, including sea level rise, on these plants 
and their habitat.
    (7) Scientific information or analysis informing whether these 
plants more closely meet the definition of an endangered species or of 
a threatened species 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 directs that 
determinations as to whether any species is a threatened or endangered 
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 ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    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 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 for public hearings must be 
received within 45 days after the date of publication of this proposed 
rule in the Federal Register (see DATES). Such requests must be sent to 
the address shown in FOR FURTHER INFORMATION CONTACT. 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 determination and critical habitat designation are 
based on scientifically sound data, assumptions, and analyses. The peer 
reviewers will have expertise in the biology, habitat, and conservation 
status of these plants, to help inform our determination.

Previous Federal Actions

    Digitaria pauciflora was first recognized as a candidate species on 
September 27, 1985 (50 FR 39526). The 1990 Candidate Notice of Review 
(CNOR) published in the Federal Register on February 21, 1990 (55 FR 
6184), included Digitaria pauciflora as a candidate for listing under 
the Act. We determined at that time that listing was warranted, but 
precluded due to workloads and competing priorities.
    Digitaria pauciflora remained on the candidate list as published in 
the CNOR in 1993 (58 FR 51144, September 30, 1993). The CNOR was not 
published again until October 25, 1999, and it retained Digitaria 
pauciflora as a candidate and assigned a listing priority number (LPN) 
of 6; the 1999 CNOR first recognized Chamaesyce deltoidea ssp. 
pinetorum as a candidate and assigned an LPN of 12 and Dalea 
carthagenensis var. floridana as a candidate and assigned an LPN of 3 
(64 FR 57534). 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.
    Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, and 
Dalea carthagenensis var. floridana remained on the candidate list from 
2001 to 2004 (66 FR 54808, October 30, 2001; 67 FR 40657, June 13, 
2002; 69 FR 24876, May 4, 2004). Sideroxylon reclinatum ssp. 
austrofloridense was first recognized May 4, 2004, and was assigned an 
LPN of 12 (69 FR 24876, May 4, 2004). We published a finding for 
Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana in the 2005 CNOR on May 11, 2005 (70 FR 
24870), in response to a petition received on May 11, 2004.
    All four species remained candidates from 2005 to 2015 (70 FR 
24870, May 11, 2005; 71 FR 53756, September 12, 2006; 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; 80 
FR 80584, December 24, 2015).
    On September 9, 2011, the Service entered into two settlement 
agreements regarding species on the candidate list at that time 
(Endangered Species Act Section 4 Deadline Litigation, No. 10-377 
(EGS), MDL Docket No. 2165 (D.D.C. May 10, 2011)). This proposed 
listing rule fulfills the requirements of those settlement agreements 
for the 4 plant species.

Background

    It is our intent to discuss below only those topics directly 
relevant to the listing of Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, and Chamaesyce deltoidea ssp. 
pinetorum as threatened species and Dalea carthagenensis var. floridana 
as an endangered species in this proposed rule.

Sideroxylon reclinatum ssp. austrofloridense (Everglades bully)

Species Description
    Corogin and Judd (2014, pp. 410-412) provide a detailed description 
of Sideroxylon reclinatum ssp. austrofloridense. The plant is a single- 
to many-stemmed shrub, 3-6 feet (ft) (1-2 meters (m)) tall. The 
branches are smooth, slightly bent, and somewhat spiny. The leaves are 
thin, oval-shaped, 0.8-2 inches (in) (2-5 centimeters (cm)) long, 
evergreen, lance-shaped, and fuzzy on their undersides. The flowers are 
in axillary cymes (Long and Lakela 1971, p. 679).
    Sideroxylon reclinatum ssp. austrofloridense is distinguished from 
the similar subspecies S. reclinatum ssp. reclinatum in Florida by its 
leaves, which are persistently pubescent (fuzzy) on their undersides, 
rather than smooth or pubescent only along the leaf midvein (Wunderlin 
and Hansen 2003, p. 603). Corogin and Judd (2014, p. 404) indicated the 
two subspecies are most reliably distinguished by differences in the 
micromorphology of the leaf epidermis, and by the extent of

[[Page 70284]]

distribution of S. r. ssp. austrofloridense, which is limited to 
extreme southern peninsular Florida.
Taxonomy
    The genus Sideroxylon is represented by eight species in Florida. 
All of these species were previously assigned to the genus Bumelia. 
Sideroxylon reclinatum, the Florida bully, is represented by three 
subspecies that range nearly throughout Florida and into neighboring 
States. The Everglades subspecies was first recognized by Whetstone 
(1985, pp. 544-547) as Bumelia reclinata var. austrofloridense, then 
transferred to the genus Sideroxylon (Kartesz and Gandhi 1990, pp. 421-
427). Kartesz and Gandhi (1990, pp. 421-427) made Sideroxylon 
reclinatum ssp. austrofloridense a subspecies rather than a variety; 
however, in plant nomenclature, the ranks of variety and subspecies are 
interchangeable. Sideroxylon reclinatum ssp. austrofloridense is used 
in the current treatment of the Florida flora (Wunderlin and Hansen 
2016, p. 1).
    The Integrated Taxonomic Information System (2016, p. 1) indicates 
that the taxonomic standing for Sideroxylon reclinatum ssp. 
austrofloridense (Whetstone) Kartesz and Gandhi is accepted. The online 
Atlas of Florida Vascular Plants (Wunderlin and Hansen 2016, p. 1) uses 
the name S. reclinatum ssp. austrofloridense (Whetstone), as does 
NatureServe (2016, p. 1).
    Corogin and Judd (2014, p. 408) indicate that Sideroxylon 
reclinatum subsp. austrofloridense is differentiated from S. reclinatum 
subsp. reclinatum by a set of distinct characters at the 
micromorphological level.
    The two taxa are also separated eco-geographically. Sideroxylon 
reclinatum subsp. austrofloridense is a narrow endemic, restricted to 
pine rockland and marl prairie habitats in a well-defined area of 
extreme southeastern peninsular Florida. Conversely, Sideroxylon 
reclinatum subsp. reclinatum is more wide-ranging, occurring coastally 
from southern Georgia west to Louisiana, and throughout Florida as far 
south as Broward County in the east, and Collier and Monroe Counties in 
the west. The only place where plants of both species overlap is within 
Big Cypress National Preserve (BCNP), at the western fringe of 
Everglades bully's range (Corrogin and Judd 2014, p. 409).
Climate
    The climate of south Florida where Sideroxylon reclinatum ssp. 
austrofloridense 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 infrequent. Rainfall in 
the area where Sideroxylon reclinatum ssp. austrofloridense occurs 
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 140-153 cm (55-60 in) 
in the southern portion. Approximately 75 percent of yearly rainfall 
occurs during the wet season from June through September (Snyder et al. 
1990, p. 238).
Habitat
    Sideroxylon reclinatum ssp. austrofloridense grows in pine rockland 
habitat, marl prairie habitat, and within the ecotone between both 
habitats (Gann et al. 2006, p. 12; Bradley et al. 2013, p. 4, Gann 
2015, p. 31). These habitats are maintained by regular fire, and are 
prone, particularly marl prairie, to annual flooding for several months 
during the wet season (Gann et al. 2006, p. 13; Bradley et al. 2013, p. 
4). Sideroxylon reclinatum ssp. austrofloridense also grows on the 
sunny edges of rockland hammock habitat (Gann 2015, p. 412), which is 
fire-resistant. Historically, fire served to maintain the boundary 
between pine rockland and rockland hammock by eliminating the 
encroachment of hardwoods into pine rocklands. Absent natural or 
prescribed fire, many pine rocklands have succeeded to rockland hammock 
(FNAI 2010, p. 25). Canopy cover on the interior of rockland hammock is 
too dense to support herbs and smaller shrub species, such as S. r. 
ssp. austrofloridense, that require more sunlight.

Pine Rockland

    Pine rockland is characterized by an open canopy of South Florida 
slash pine (Pinus elliottii var. densa) 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, known locally as pinnacle rock, 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 (Florida Natural Areas Inventory (FNAI) 2010, p. 
61).
    Pine rockland has 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, most derived from the tropical flora of the West Indies 
(FNAI 2010, p. 61). Many of these species vary in height depending on 
fire frequency, getting taller with time since fire. These include saw 
palmetto (Serenoa repens), cabbage palm (Sabal palmetto), silver palm 
(Coccothrinax argentata), brittle thatch palm (Thrinax morrisii), wax 
myrtle (Myrica cerifera), myrsine (Rapanea punctata), poisonwood 
(Metopium toxiferum), locustberry (Byrsonima lucida), varnishleaf 
(Dodonaea viscosa), tetrazygia (Tetrazygia bicolor), rough velvetseed 
(Guettarda scabra), marlberry (Ardisia escallonioides), mangrove berry 
(Psidium longipes), willow bustic (Sideroxylon salicifolium), and 
winged sumac (Rhus copallinum). Short-statured shrubs include running 
oak (Quercus elliottii), white indigoberry (Randia aculeata), Christmas 
berry (Crossopetalum ilicifolium), redgal (Morinda royoc), and 
snowberry (Chiococca alba).
    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 include bluestems (Andropogon spp., 
Schizachyrium gracile, S. rhizomatum, and S. sanguineum), arrowleaf 
threeawn (Aristida purpurascens), lopsided indiangrass (Sorghastrum 
secundum), hairawn muhly (Muhlenbergia capillaris), Florida white-top 
sedge (Rhynchospora floridensis), pineland noseburn (Tragia saxicola), 
devil's potato (Echites umbellata), pineland croton, several species of 
sandmats (Chamaesyce spp.), partridge pea (Chamaecrista fasciculata), 
coontie (Zamia pumila), maidenhair pineland fern (Anemia adiantifolia), 
Bahama brake (Pteris bahamensis), and lacy bracken (Pteridium aquilinum 
var. caudatum) (FNAI 2010, p. 62).
    Pine rockland occurs on relatively flat, moderately to well drained 
terrain from 2 to 7 m (6.5 to 23 ft) above sea level (FNAI 2010, p. 
62). 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 2010, p. 
62). Drainage varies according to the porosity of the limestone 
substrate, but is generally rapid. Consequently, most

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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 2010, p. 62).
    Pine rockland is maintained by regular fire, and susceptible to 
other natural disturbances such as hurricanes, frost events, and sea-
level rise (Ross et al. 1994, pp. 144-156). Fires historically burned 
on an interval of approximately every 3 to 7 years (FNAI 2010, p. 63) 
and were typically started by lightning strikes during the frequent 
summer thunderstorms (FNAI 2010, p. 63).
    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 2010, p. 63), and prevent succession to rockland 
hammock. The amount of woody understory growth is directly related to 
the length of time since the last fire. Herbaceous diversity declines 
with time since last fire. The ecotone between pine rockland 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 hammock hardwoods encroach into the pineland (FNAI 2010, p. 
63).

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, which may contain 
more than 100 species. Most of the marl prairie plant species 
contribute little cover and more than 90 percent of the cover is 
contributed by only two or three dominant species in any given area 
(FNAI 2010, p. 107). Dominants may include one or more of the 
following: Gulf hairawn muhly (Muhlenbergia sericea), spreading 
beaksedge (Rhynchospora divergens), Florida little bluestem 
(Schizachyrium rhizomatum), black bogrush (Schoenus nigricans), 
Elliott's lovegrass (Eragrostis elliottii), sand cordgrass (Spartina 
bakeri), and a short form of sawgrass (Cladium jamaicense) (Porter, Jr. 
1967, pp. 937-942; FNAI 2010, p. 107). (Taxonomy of Schizachyrium and 
Muhlenbergia follows treatments in Flora of North America (2007)). 
Other characteristic species include southern beaksedge (Rhynchospora 
microcarpa), bluejoint panicum (Panicum tenerum), Gulfdune paspalum 
(Paspalum monostachyum), rosy camphorweed (Pluchea rosea), starrush 
whitetop (Rhynchospora colorata), alligator lily (Hymenocallis 
palmeri), arrowfeather threeawn (Aristida purpurascens), and narrowleaf 
yellowtops (Flaveria linearis) (Porter, Jr. 1967, pp. 937-942; FNAI 
2010, p. 107).
    Marl prairie depends on a short hydroperiod of 2 to 4 months. 
Longer hydroperiods favor the development of peat and the dominance of 
sawgrass; shorter hydroperiods permit the invasion of woody species.
    Marl prairie normally dries out during the winter and is subject to 
fires at the end of the dry season; the most acres naturally burn in 
May (FNAI 2010, p. 108). Fires at this time (in contrast to dormant 
season fires) stimulate flowering of the dominant grasses (Main and 
Barry 2002, pp. 430-434). The herbaceous species recover rapidly from 
fire, and biomass reaches pre-fire levels at the end of 2 years. For 
the first 2 years after fire, this community will burn only patchily, 
if at all (FNAI 2010, p. 108). Reasons for the presence of dwarf 
cypress in some marl prairies and not others are unknown (FNAI 2010, p. 
108). Wade et al. (1980, pp. 67-79) estimated dwarf cypress stands in 
marl prairie burn about once a decade due to low fire-carrying capacity 
of their sparse understory.
Historical Range
    All known historical and current records for Sideroxylon reclinatum 
ssp. austrofloridense are summarized in table 1. The historical range 
of S. reclinatum ssp. austrofloridense is limited to Collier, Miami-
Dade, and Monroe Counties, Florida. In Miami-Dade County, the plant was 
known from central and southern Miami-Dade County along the Miami Rock 
Ridge, which extends from Long Pine Key in the Everglades northward 
through urban Miami to the Miami River. In Monroe County, the plant was 
known from BCNP on the mainland, and was collected as far south as Key 
Largo, in the Florida Keys. In Collier County, the species has been 
recorded only within BCNP. This area constitutes a historical range of 
approximately 42 miles (mi) (66 kilometers (km)) (Gann et al. 2002, p. 
526; Corogin and Judd 2014, p. 412).
Current Range, Population Estimates, and Status
    The current range of Sideroxylon reclinatum ssp. austrofloridense 
is BCNP, the Long Pine Key region of Everglades National Park (ENP), 
and pine rocklands adjacent to ENP (Hodges and Bradley 2006, p. 42; 
Gann et al. 2006, p. 11; K. Bradley, pers. comm. 2007; J. Possley, 
pers. comm. 2011a; 2011b; J. Sadle, pers. comm. 2011; Bradley et al. 
2013, p. 4; Gann 2015, p. 30). The species is apparently extirpated 
from Key Largo. Hodges and Bradley (2006, p. 42) did not find 
Sideroxylon reclinatum ssp. austrofloridense in their surveys of pine 
rocklands on Key Largo, Big Pine Key, Cudjoe Key, and Lower Sugarloaf 
Key. This area constitutes a current range of approximately 42 mi (66 
km) (Gann et al. 2002, p. 526; Corogin and Judd 2014, p. 412).
    The largest population occurs at Long Pine Key in ENP (Hodges and 
Bradley 2006, p. 42; Gann et al. 2006, p. 11; Gann 2015, p. 9). The 
most recent information indicates that the baseline abundance estimate 
at Long Pine Key based on a log10 abundance estimate is 
10,000-100,000 plants (Gann et al. 2006, pp. 9-11; Gann 2015, p. 29). 
Recent surveys of ENP have identified 14 occurrences of Sideroxylon 
reclinatum ssp. austrofloridense in Long Pine Key, expanding the known 
range in ENP (Gann 2015, p. 30).
    In Miami-Dade County, outside ENP, pine rocklands tracts are orders 
of magnitude smaller and exist in a matrix of agricultural, commercial, 
and residential development. Possley and McSweeney (2005, p. 1) 
observed approximately 73 plants at Larry and Penny Thompson Park, 
within the Richmond Pine Rocklands. Possley (Fairchild Tropical Botanic 
Garden (FTBG), pers. comm. 2011a; 2011b) found extant populations at 
Quail Roost Pineland (two plants), Navy Well Pineland Preserve (four 
plants), and Sunny Palms Pinelands (two plants). The species had been 
observed in pine rocklands at Grant Hammock, and Pine Ridge Sanctuary 
(Bradley et al. 2013, p. 1). The species no longer occurs at the Nixon-
Smiley Preserve.
    Bradley et al. (2013, pp. 1-8) conducted surveys in the Gum Slough 
region of Lostmans Pines in BCNP and reported finding Sideroxylon 
reclinatum ssp. austrofloridense to have limited distribution within 
the study area. Seventeen plants were counted within pine rockland 
plots that were associated with marl prairie habitats (Bradley et al. 
2013, p. 4).

[[Page 70286]]



        Table 1--Summary of the Status and Trends of the Known Occurrences of Sideroxylon Reclinatum ssp.
                                                Austrofloridense
----------------------------------------------------------------------------------------------------------------
                                                    Most recent
          Population               Ownership        population          Status                  Trend
                                                 estimate  (Year)
----------------------------------------------------------------------------------------------------------------
Everglades National Park.....  National Park     10,000- 100,000   Extant..........  Increasing.
                                Service.          (2013).
Big Cypress National Preserve  National Park     17 (2013).......  Extant..........  Insufficient data.
                                Service.
Larry Penny Thompson Park....  Miami-Dade        73 (2005).......  Extant..........  Insufficient data.
                                County.
Nixon-Smiley Preserve........  Miami-Dade        0 (Unknown).....  Extirpated......  ...........................
                                County.
Navy Wells Pineland Preserve.  Miami-Dade        4 (2011)........  Extant..........  Insufficient data.
                                County.
Sunny Palms Pineland.........  Miami-Dade        2 (2011)........  Extant..........  Insufficient data.
                                County.
Pine Ridge Sanctuary.........  Private.........  Unknown.........  Extant..........  Insufficient data.
Lucille Hammock..............  Miami-Dade        11-100 (2007)...  Extant..........  Insufficient data.
                                County.
South Dade Wetlands..........  Miami-Dade        Unknown (2007)..  Extant..........  Insufficient data.
                                County.
Natural Forest Community #P-   Private.........  2-10 (2007).....  Extant..........  Insufficient data.
 300.
Natural Forest Community #P-   Private.........  11-100 (2007)...  Extant..........  Insufficient data.
 310.
Quail Roost Pineland.........  Miami-Dade        2 (2011)........  Extant..........  Insufficient data.
                                County.
Grant Hammock................  Unknown.........  Unknown           Extirpated......  ...........................
                                                  (Unknown).
Key Largo....................  Unknown.........  No estimate       Extirpated......  ...........................
                                                  (1948).
----------------------------------------------------------------------------------------------------------------

Biology
Life History and Reproduction
    Little is known about the life history of Sideroxylon reclinatum 
ssp. austrofloridense, including pollination biology, seed production, 
and dispersal (Gann 2015, p. 31). Reproduction is sexual, with new 
plants generated from seeds. The species produces flowers from April to 
May, and fruit ripen from June to July (Corogin and Judd 2014, pp. 410-
412). The plants can stand partial inundation with fresh water for a 
portion of the year, but do not tolerate salinity.
Fire Ecology and Demography
    There have been no detailed studies of Sideroxylon reclinatum ssp. 
austrofloridense relationship towards fire; however, periodic fire is 
extremely important to maintaining habitat for this species (Corogin 
and Judd 2014, p. 414). Therefore, historical declines have been 
partially attributed to habitat loss from fire suppression or 
inadequate fire management (ENP 2014, p. 173).

Digitaria pauciflora (Florida pineland crabgrass)

Species Description
    Digitaria pauciflora is a small perennial clump-grass, appearing 
blue-green to gray with reddish-brown stems, typically 0.5-1 m (1.5-3 
ft) tall (Small 1933, p. 51). The leaves form a subtle zig-zag pattern 
as the leaf blades come off the stem at an angle. The leaf blades are 
7-18 cm (2.8-7.1) in) long, 1.0-2.2 mm (0.04-0.08 in) wide, and number 
2-8 per stem. Both the lower and upper surface and stems are hairy but 
become glabrous (smooth or hairless) with age. The nodes are mostly 
glabrous, the sheath auricles (an ear-like projection at the base of 
the leaf) are 1.5 mm (0.06 in) long, and the sheaths are hairy but 
becoming glabrous with age. The ligule (a small bract located at the 
leaf-stem junction) is 1.5-2.0 mm (0.06-0.08 in) long. The flowers are 
dull green, very small, and are borne on wispy spikes on the ends of 
the leafy stems, with usually only a few flower clusters forming per 
clump of grass. The lemma (a tiny bract adjacent to the flower) of 
upper floret (flower) is purple. Stolons (aboveground horizontal stems) 
are not present, but the plant produces rhizomes (belowground 
horizontal stems) that allow for vegetative spread (Webster and Hatch, 
1990, pp. 161-162). Digitaria pauciflora is known to reproduce sexually 
(Bradley and Gann 1999, p. 50), with fruit production in the fall 
(Wendelberger and Maschinski 2006, p. 3).
Taxonomy
    Digitaria pauciflora was first described in 1928 based on specimens 
collected in 1903 (Bradley and Gann 1999, p. 49). Small (1933, pp. 50-
51) later placed it in the genus Syntherisma. Subsequent authors 
(Hitchcock 1935, p. 561; Webster & Hatch 1990, p. 161; Wunderlin 1998) 
have retained it in the genus Digitaria (Bradley and Gann 1999, p. 49).
    The online Atlas of Florida Vascular Plants uses the name Digitaria 
pauciflora (Wunderlin and Hansen 2016, p. 1), the Integrated Taxonomic 
System (ITIS 2016, p. 1), NatureServe (2016, p. 1), and the Florida 
Department of Agriculture and Consumer Services (FDACS) (Coile and 
Garland 2003, p. 19) indicates that its taxonomic status is accepted. 
We have carefully reviewed all taxonomic data to determine that 
Digitaria pauciflora is a valid taxon. The only synonym is Syntherisma 
pauciflora (Hitchcock) Hitchcock ex Small (ITIS 2016, p. 1).
Climate
    The climate of south Florida where Digitaria pauciflora occurs is 
classified as tropical savanna, as described above for Sideroxylon 
reclinatum ssp. austrofloridense.
Habitat
    Digitaria pauciflora occurs predominantly within the seasonally 
flooded ecotone between pine rockland and marl prairie, although the 
species may overlap somewhat into both habitats (Bradley and Gann 1999, 
p. 49; Fellows et al. 2002, p. 79). Plants can withstand inundation 
with fresh water for one to several months each year (ENP 2014, p. 
172). These habitats are maintained by regular fire, and are prone, 
particularly marl prairie, to annual flooding for several months during 
the wet season (Gann et al. 2006, p. 13). Pine rocklands and marl 
prairies are described in detail above for Sideroxylon reclinatum ssp. 
austrofloridense.
Historical Range
    All known historical and current records for Digitaria pauciflora 
are summarized in table 2. The historical range of D. pauciflora 
consists of central and southern Miami-Dade County along the Miami Rock 
Ridge, from the

[[Page 70287]]

southern Miami to Long Pine Key region of ENP, a range of approximately 
42 mi (67.6 km) (Bradley and Gann 1999, p. 49). Specimens of D. 
pauciflora were collected early in the twentieth century throughout 
Miami-Dade County.
    D. pauciflora was absent from collections from 1939 until 1973, 
when it was rediscoverd at Long Pine Key in Everglades National Park 
(Bradley and Gann 1999, p. 49). D. pauciflora has subsequently been 
encountered consistently within Long Pine Key (Bradley and Gann 1999, 
p. 49).
    A single Digitaria pauciflora plant was discovered in 1995 within 
marl prairie habitat at the Martinez Pinelands in the Richmond Pine 
Rocklands, an area of Miami-Dade County that retains the largest 
contiguous areas of pine rockland habitat outside of the Everglades. 
However, this plant has since disappeared (Herndon 1998, p. 88; Bradley 
and Gann 1999, p. 49; Gann 2015, p. 142). Three other historical 
occurrences in Miami-Dade County have been documented: (1) a site 
between Cutler and Longview Camp (last observed in 1903); (2) Jenkins 
Homestead (date unspecified); and (3) South Miami (last observed in 
1939) (K. Bradley, pers. comm. 2007); however, little is known 
regarding the status of these populations. The species was not found 
during a 2-year project to survey and map rare and exotic plants along 
Florida Department of Transportation (FDOT) right-of-ways within Miami-
Dade and Monroe Counties (Gordon et al. 2007, pp. 1, 38).
Current Range, Population Estimates, and Status
    The current range of Digitaria pauciflora includes ENP and BCNP 
(Bradley and Gann 1999, p. 49; Gann et al. 2006, p. 3; Bradley, pers. 
comm. 2005a; Gann 2015, p. 142). Ongoing surveys suggest the species 
occurs throughout Long Pine Key of ENP (Gann et al. 2006, p. 7; 2015, 
p. 144; Gann 2015, p. 144) and is much wider-ranging than previously 
known in ENP. Joyce Maschinski (FTBG, pers. comm. 2007) characterized 
the populations within ENP as abundant.
    In 2002, Bradley et al. (2013, p. 2) discovered Digitaria 
pauciflora within the Lostmans Pines region of BCNP in Monroe County. 
This discovery represented the first known D. pauciflora occurrence 
outside Miami-Dade County (FNAI 2007, p. 191). The species is widely 
distributed within Lostmans Pines (Bradley et al. 2013, pp. 1-8). 
Subsequent surveys for the species within BCNP have documented up to 
nine occurrences, some of which contain an estimated 500-600 plants 
(Maschinski et al. 2003, p. 141). Bradley et al. (2013, pp. 1-8) 
conducted surveys in the Gum Slough region of Lostmans Pines and 
indicated that the species is widely distributed within the study area. 
A total of 2,365 plants was counted within pineland and sawgrass based 
survey plots (Bradley et al. 2013, pp. 3-4). The range-wide population 
estimate for D. pauciflora is 1,000-10,000 individuals at Long Pine Key 
(Gann 2015, p. 142) and >10,000 individuals within BCNP (K. Bradley, 
pers. comm. 2007). Large-scale stochastic events such as wildfire and 
flooding can drastically reduce the size of D. pauciflora populations. 
For example, in the spring months of 2016, wildfires in areas occupied 
by D. pauciflora likely reduced populations in ENP. The populations 
will likely rebound; however, regeneration could be severely hampered, 
based on the amount and duration of flooding during the region's late 
summer storm season. While Digitaria pauciflora populations remain 
abundant within ENP and BCNP, these areas represent only half of the 
species' historical range (Bradley and Gann 1999, p. 25; Gann 2015, p. 
167). While D. pauciflora was known to occur throughout Miami-Dade 
County, all other populations are likely extirpated.

           Table 2--Summary of the Status and Trends of the Known Occurrences of Digitaria Pauciflora
----------------------------------------------------------------------------------------------------------------
                                                         Most recent
           Population                 Ownership          population            Status               Trend
                                                          estimate
----------------------------------------------------------------------------------------------------------------
Everglades National Park.......  National Park       1,000-10,000        Extant............  Stable.
                                  Service.            (2007).
Big Cypress National Preserve..  National Park       >10,000 (2007)....  Extant............  Stable.
                                  Service.
Martinez Pineland..............  Miami-Dade County.  0 (1999)..........  Extirpated.         ...................
Cutler and Longview Camp.......  Unknown...........  Unknown (1903)....  Extirpated.         ...................
Jenkins Homestead..............  Unknown...........  Unknown (date       Extirpated.         ...................
                                                      unspecified).
South Miami....................  Unknown...........  Unknown (1939)....  Extirpated.         ...................
----------------------------------------------------------------------------------------------------------------

Biology
Life History and Reproduction
    Little is known about the life history of Digitaria pauciflora, 
including pollination biology, seed production, and dispersal. 
Reproduction is sexual, with new plants generated from seeds (Bradley 
and Gann, 1999, p. 53). The species produces flowers from summer to 
late fall on both new and older growth; some plants have been observed 
to finish seeding as late as December (Fellows et al. 2002, p. 2; Gann 
2015, p. 172). Plants can also spread clonally via rhizomes (Webster 
and Hatch, 1990, pp. 161-162). The plants can stand partial inundation 
with fresh water for a portion of the year, but do not tolerate 
salinity.
Fire Ecology and Demography
    Digitaria pauciflora population demographics and longevity have not 
been studied (Bradley and Gann, 1999, p. 53; Fellows et al. 2002, p. 
2). There have been no studies of the plant's relationship to fire; 
however, periodic fire is extremely important to maintaining habitat 
for this species (Bradley and Gann, 1999, p. 53; ENP 2014, p. 226). 
Therefore, historical declines have been partially attributed to 
habitat loss from fire suppression or inadequate fire management. Gann 
(2015, p. 142) indicates that the species shows patch dynamics, 
colonizing new areas and undergoing local extinctions with high rates 
of turnover. Plants with `flashy' or `boom and bust' demographic 
patterns are more susceptible to stochastic extinction events. ENP has 
burned populations of D. pauciflora during the wet and dry season, and 
both appear suitable to maintain populations of the plant (ENP 2014, p. 
226).

Chamaesyce deltoidea spp. pinetorum (pineland sandmat)

Species Description
    Chamaesyce deltoidea ssp. pinetorum is an ascending to erect 
perennial herb. The stems are villous (hairy), and often reddish. The 
leaf blades range from kidney-shaped or triangle-shaped and elliptic to 
oval. The involucres (a cup-like structure enclosing the flowers) are 1 
mm long, and pubescent, and possess green, even-edged glands with very 
narrow appendages. The fruit is a 2-mm broad, pubescent capsule. The 
seeds are 1 mm long, transversely wrinkled, and yellowish in color 
(Small 1933, p. 795).

[[Page 70288]]

C. deltoidea ssp. pinetorum is known to reproduce sexually (Bradley and 
Gann 1999, p. 25). Fruit production is year-round, with a peak in the 
fall (Wendelberger and Maschinski 2006, p. 2).
Taxonomy
    Chamaesyce deltoidea ssp. pinetorum was first described by Small in 
1905, based on specimens collected in eastern Miami-Dade County (Small 
1905, pp. 429-430). Initially, Small referred to these specimens as C. 
pinetorum but recognized that it was closely related to Chamaesyce 
deltoidea. Herndon (1993, pp. 38-51) included C. pinetorum within the 
C. deltoidea complex, which is composed of three other taxa, two 
occurring further north on the Miami Rock Ridge, and one occurring on 
Big Pine Key in the lower Florida Keys (Monroe County). The three taxa 
on the Miami Rock Ridge have distinct, but adjacent ranges. 
Subsequently, Herndon (1993, pp. 38-51) has placed all four taxa at the 
same taxonomic level, treating each as a distinct subspecies under 
Chamaesyce deltoidea (C. deltoidea ssp. pinetorum; C. deltoidea ssp. 
serpyllum, C. deltoidea ssp. adhaerens; C. deltoidea ssp. deltoidea). 
Chamaesyce deltoidea ssp. deltoidea and C. deltoidea ssp. adhaerens 
occur north of known C. deltoidea ssp. pinetorum populations, while 
Chamaesyce deltoidea ssp. serpyllum is endemic to Big Pine Key. 
Wunderlin and Hansen (2016, p. 1) follow Herndon's treatment in using 
C. deltoidea ssp. pinetorum. Some modern authors place the genus 
Chamaesyce into the genus Euphorbia sensu lato (Yang and Berry 2011, 
pp. 1486-1503). Gann (2015, p. 168) indicates that if the pineland 
sandmat is placed into the genus Euphorbia, the correct name is 
Euphorbia deltoidea ssp. pinetorum.
    The online Atlas of Florida Vascular Plants uses the name 
Chamaesyce deltoidea ssp. pinetorum (Small) Herndon (Wunderlin and 
Hansen 2016, p. 1). NatureServe (2016, p. 1) and FDACS (Coile and 
Garland 2003, p. 11) indicate that C. deltoidea ssp. pinetorum is 
accepted. However, the Integrated Taxonomic System (ITIS 2016, p. 1) 
accepts Euphorbia deltoidea ssp. pinetorum as the scientific name for 
the species (Gann 2015, p. 168). We have carefully reviewed all 
taxonomic data and have determined that C. deltoidea ssp. pinetorum is 
a valid taxon.
Climate
    The climate of south Florida where Chamaesyce deltoidea ssp. 
pinetorum occurs is classified as tropical savanna, as described above 
for Sideroxylon reclinatum ssp. austrofloridense.
Habitat
    Chamaesyce deltoidea ssp. pinetorum occurs in pine rocklands 
(Bradley and Gann 1999, p. 24). Pine rocklands are maintained by 
regular fire, and are prone to annual flooding for several months 
during the wet season (Gann et al. 2006, p. 13). However, Gann (2015, 
p. 169), indicates that C. deltoidea ssp. pinetorum generally occurs in 
higher elevation pine rocklands at Long Pine Key in ENP, in areas 
rarely subject to flooding. Pine rockland habitat is described in 
detail above in the Habitat section for Sideroxylon reclinatum ssp. 
austrofloridense.
Historical Range
    All known historical and current records for Chamaesyce deltoidea 
ssp. pinetorum are summarized in table 3. Chamaesyce deltoidea ssp. 
pinetorum occurred historically only within the southern portion of the 
Miami Rock Ridge, from the Richmond Pine Rocklands of southern Miami to 
the Long Pine Key region of Everglades National Park, a range of 
approximately 42 mi (67.6 km) (Bradley and Gann 1999, p. 24). C. 
deltoidea ssp. pinetorum has been encountered consistently within Long 
Pine Key, as well as in several County-owned conservation lands 
adjacent to the ENP (Gann 2015, p. 167).
Current Range, Population Estimates, and Status
    The current range of Chamaesyce deltoidea ssp. pinetorum is similar 
to the historical range, although 98 percent of the pine rocklands (the 
species' only habitat) outside of the ENP has been lost to development 
(Kernan and Bradley 1996, p. 2). The total population size of 
Chamaesyce deltoidea ssp. pinetorum is estimated to be between 14,500-
146,000 individuals, with the majority of the population occurring on 
Long Pine Key (Bradley and Gann 1999, p. 25; Gann 2015, p. 167). 
However, while Chamaesyce deltoidea ssp. pinetorum is most abundant 
within ENP, pine rockland fragments outside of the Everglades represent 
about half the species' extant range (Bradley and Gann 1999, p. 25; 
Bradley pers. comm. 2007; Gann 2015, p. 167). Elsewhere in Miami-Dade 
County, a 2011 survey of the privately owned Pine Ridge Sanctuary 
confirmed the plant remains at this site (FNAI 2011, p. 5). A recent 
survey of Larry and Penny Thompson Park located no individuals (J. 
Possley, FTBG, pers. comm. 2011c).

    Table 3--Summary of the Status and Trends of the Known Occurrences of Chamaesyce deltoidea ssp. pinetorum
----------------------------------------------------------------------------------------------------------------
                                                    Most recent
          Population               Ownderhip        population          Status                  Trend
                                                     estimate
----------------------------------------------------------------------------------------------------------------
Everglades National Park.....  National Park     10,000-100,000    Extant..........  Increasing.
                                Service.          (2011).
Florida City Pineland........  Miami-Dade        100-1,000 (2007)  Extant..........  Increasing.
                                County.
Navy Wells...................  Miami-Dade        1,000-10,000      Extant..........  Insufficient data.
                                County.           (2007).
Navy Wells #2................  Miami-Dade        100-1,000 (2007)  Extant..........  Insufficient data.
                                County.
Navy Wells #39...............  Miami-Dade        1,000-10,000      Extant..........  Insufficient data.
                                County.           (2007).
Palm Drive Pineland..........  Miami-Dade        10-100 (2007)...  Extant..........  Insufficient data.
                                County.
Pine Ridge Sanctuary.........  Private.........  10-100 (2011)...  Extant..........  Insufficient data.
Rock Pit #39.................  Miami-Dade        11-1,000 (2007).  Extant..........  Insufficient data.
                                County.
Seminole Wayside Park........  Miami-Dade        100-1,000 (2007)  Extant..........  Insufficient data.
                                County.
Fuchs Hammock Addition.......  Miami-Dade        11-100 (2007)...  Extant..........  Insufficient data.
                                County.
Sunny Palms Pineland.........  Miami-Dade        100-1,000 (2007)  Extant..........  Insufficient data.
                                County.
Larry and Penny Thompson Park  Miami-Dade        0 (2011)........  Extirpated......  Insufficient data.
                                County.
John Kunkel Small Pineland...  Institute for     Present (2006)..  Extant..........  Insufficient data.
                                Regional
                                Conservation.
Natural Forest Community       Private.........  11-100 (2007)...  Extant..........  Insufficient data.
 [NFC] #P330.

[[Page 70289]]

 
Natural Forest Community       Private.........  1,001-10,000      Extant..........  Insufficient data.
 #P338.                                           (2007).
Natural Forest Community       Private.........  11-100 (2007)...  Extant..........  Insufficient data.
 #P339.
Natural Forest Community       Private.........  11-100 (2007)...  Extant..........  Insufficient data.
 #P347.
Natural Forest Community       Private.........  101-1,000 (2007)  Extant..........  Insufficient data.
 #P411.
Natural Forest Community       Private.........  11-100 (2007)...  Extant..........  Insufficient data.
 #P413.
Natural Forest Community       Private.........  11-100 (2007)...  Extant..........  Insufficient data.
 #P416.
Natural Forest Community       Private.........  1,001-10,000      Extant..........  Insufficient data.
 #P445.                                           (2007).
----------------------------------------------------------------------------------------------------------------

Biology
Life History and Reproduction
    Little is known about the life history of Chamaesyce deltoidea ssp. 
pinetorum. Reproduction is sexual, but little is known about the 
reproductive biology and ecology of the species (Bradley and Gann 1999, 
p. 25; Gann 2015, p. 167). Herndon (1998, pp. 13-14) studied the life 
history and population trends of C. deltoidea ssp. pinetorum and found 
up to 88 percent of plants survived more than 3 years, showing that it 
is a somewhat long-lived taxon. Herndon (1998, pp. 13-14) hypothesized 
that some of the plants that had been recorded as dead may have instead 
been in a cryptic phase (Gann 2015, p. 167). The extensive root system 
of C. deltoidea ssp. pinetorum also suggests that it is a long-lived 
plant (Maschinski et al. 2003, p. 179). Pollinators are unknown; other 
species of Chamaesyce are completely reliant on insects for pollination 
and seed production, while others are self-pollinating (Maschinski et 
al. 2003, p. 179; Gann 2015, p. 168). Pollinators may include bees, 
flies, ants, and wasps (Ehrenfeld 1979, p. 95; Gann 2015, p. 168). 
Dispersal is unknown for Chamaesyce deltoidea ssp. pinetorum; however, 
many seed capsules in similar Chamaesyce species are explosively 
dehiscent, a form of dispersal that flings seeds far from the parent 
plant (Maschinski et al., p. 179; Gann 2015, p. 168). This species is 
known to flower and fruit year round (Wendelberger and Maschinski 2006, 
p. 2). Peaks in fruiting for C. deltoidea ssp. pinetorum occur in the 
fall and are stimulated by fire (Wendelberger and Maschinski 2006, p. 
2). The plants can stand partial inundation with fresh water for a 
portion of the year, but do not tolerate salinity.
Fire Ecology and Demography
    There have been no studies of Chamaesyce deltoidea ssp. pinetorum 
population demographics. However, the species is not shade tolerant, 
and it requires periodic low-intensity fires to reduce competition by 
woody species to maintain habitat for this species (Bradley and Gann, 
1999, p. 26; ENP 2014, p. 170). Therefore, historical declines have 
been partially attributed to habitat loss from fire suppression or 
inadequate fire management.

Dalea carthagenensis var. floridana (Florida prairie-clover)

Species Description
    Dalea carthagenensis var. floridana is a short-lived (less than 7 
years) perennial shrub 2.6-9.8 ft (0.8-3.0 m) tall with a light-brown 
woody stem and non-woody, light-brown or reddish branches. The leaves 
are composed of 9-15 oval, gland-tipped leaflets, and are gland-dotted 
on the underside. The flowers are in small loose heads at ends of 
hairy, glandular stalks, less than 0.4 in long. The flower color is 
white and maroon; each of the petals is different lengths and shapes. 
The fruit is a small one-seeded pod, mostly enclosed by the hairy, 
gland-dotted calyx (bracts at base of each flower) (adapted from Long 
and Lakela 1971, p. 478; Bradley and Gann 1999, p. 42; Maschinski et 
al. 2014, p. 44).
Taxonomy
    Chapman (1886, p. 102) was the first to report this taxon in 
Florida, calling it the tropical Dalea domingensis, based on specimens 
collected on Key Biscayne. Small (1913, p. 89) accepted this 
characterization but included the taxon in the genus Parosela, making 
the plant P. domingensis. Rydberg (1920, p. x) renamed the plant, 
calling it Parosela floridana, and this name was retained by Small 
(1933, pp. 694-695). Clausen (1946a, p. 85) reviewed the taxonomy of 
Florida and West Indian Dalea and considered them all to be the same 
species. Clausen (1946a, p. 85) also found that the name D. domingensis 
was a homonym of D. emphysodes, and published the name D. emphysodes 
ssp. domingensis. Clausen (1946b, p. 572) later discovered that his use 
of the name D. emphysodes was in error, and renamed the plants D. 
carthagenensis ssp. domingensis. Long and Lakela (1971, p. 478) 
accepted this usage. Barneby (1977), in a monograph of the genus, also 
found that Florida plants were distinct from West Indian plants, citing 
differences in leaf characters, naming the Florida species D. 
carthagenensis var. floridana. Wunderlin (1998) has followed this 
treatment.
    The Integrated Taxonomic Information System (2016, p. 1) indicates 
that the taxonomic standing for Dalea carthagenensis var. floridana 
(Rydb.) Barneby is accepted. The online Atlas of Florida Vascular 
Plants (Wunderlin and Hansen 2016, p. 1) uses the name D. 
carthagenensis var. floridana, as does NatureServe (2016, p. 1). FDACS 
uses the name Dalea carthagenensis and notes that D. carthagenensis 
var. floridana is endemic (Coile and Garland 2003, p. 17). In summary, 
there is consensus that D. carthagenensis var. floridana is a distinct 
taxon. We have carefully reviewed the available taxonomic information 
to reach the conclusion that D. carthagenensis var. floridana is a 
valid taxon.
Climate
    The climate of south Florida where Dalea carthagenensis var. 
floridana occurs is classified as tropical savanna

[[Page 70290]]

as described above for Sideroxylon reclinatum ssp. austrofloridense.
Habitat
    Dalea carthagenensis var. floridana grows in pine rockland, 
rockland hammock, marl prairie, coastal berm, and in the ecotones 
between these habitats (Bradley and Gann 1999, p. 43). The species may 
also occur along roadsides within these habitats (Gann et al. 2006, p. 
10). Pine rockland and marl prairie habitat are described in detail 
above in the Habitat section for Sideroxylon reclinatum ssp. 
austrofloridense.

Roadsides

    Roadsides are a potentially important habitat for Dalea 
carthagenensis var. floridana (Bradley and Gann 1999, p. 43). Where 
endemics such as D. carthagenensis var. floridana are found on 
shoulders, the ground cover is dominated mostly by native herbs and 
grasses where 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 Dalea 
carthagenensis var. floridana (Bradley 2006, p. 37).

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 (tallow wood), Colubrina elliptica (soldierwood), 
Pithecellobium unguis-cati (cat claw blackbead) and Pithecellobium 
keyense (Florida keys blackbead), Coccoloba uvifera (sea grape), 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 2010, p. 24).
    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 (FNAI 2010, p. 25).
    Rockland hammock is susceptible to fire, frost, canopy disruption, 
and ground water reduction. Rockland hammock can be the advanced 
successional stage of pine rockland, especially in cases where rockland 
hammock is adjacent to pine rockland. In such cases, when fire is 
excluded from pine rockland 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 2010, p. 25).
    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 rockland, 
maritime hammock, or marl prairie (FNAI 2010, p. 26).
    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 Dalea carthagenensis var. floridana. 
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 Dalea carthagenensis var. floridana.

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 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

[[Page 70291]]

(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).
Historical Range
    All known historical and current records for Dalea carthagenensis 
var. floridana are summarized in table 4. The historical range of D. 
carthagenensis var. floridana includes Miami-Dade, Monroe, Collier, and 
Palm Beach Counties (Gann et al. 2015, pp. 25-26). There have been no 
reports of this plant from Palm Beach County since 1918 (Bradley and 
Gann 1999, p. 42). In Miami-Dade County, the species has been 
extirpated from a number of historical locations, including Castellow 
Hammock, ENP, the Coral Gables area, pinelands south of the Miami 
River, and Cox Hammock (Bradley and Gann 1999, pp. 42-43; Maschinski et 
al. 2014, p. 39). Gann et al. (2002, pp. 408-411) accounted for 
essentially every herbarium specimen and reliable sighting. Gann (2015, 
pp. 25-26) did not find D. carthagenensis var. floridana in ENP, and it 
is presumed to be extirpated at this location. One of the previous 
records at ENP was originally misidentified and has recently been 
confirmed as a specimen of Aeschynomene pratensis (J. Sadle, NPS, pers. 
comm. 2014). The other ENP herbarium specimen was correctly identified, 
but the plant is currently considered to be extirpated from the 
historical location (J. Sadle, NPS, pers. comm. 2014).
Current Range, Population Estimates, and Status
    The current range of Dalea carthagenensis var. floridana includes 
BCNP (Monroe and Collier Counties), three Miami-Dade County 
conservation areas, and three unprotected lands within the Cutler Bay 
region of Miami-Dade County (Maschinski et al. 2014, p. 39)
    In 1999, Dalea carthagenensis var. floridana was rediscovered 
within BCNP (Bradley and Gann 1999, p. 42). Maschinski et al. (2014, p. 
31) subsequently surveyed the four extant populations on BCNP, finding 
them at two locations. An area north of Oasis Visitor Center contained 
236 plants (of various ages) and represents the largest extant 
population within BCNP. The second extant population was in the 
Pinecrest region (along Loop Road) of BCNP, an historic location within 
the Park; however, only 17 plants were encountered. The species was not 
found at 11-Mile Road, or at a second location along Loop Road during 
the surveys.
    Maschinski et al. (2014, pp. 31-34) have extensively surveyed 
extant Dalea carthagenensis var. floridana populations at Charles 
Deering Estate, R. Hardy Matheson Preserve, and Crandon Park within 
Miami-Dade County over the past decade.
    During 2003 to 2007, the population at Charles Deering Estate 
ranged from between 50 and 80 individuals, with the number of seedlings 
ranging from 3 to 54. However, beginning in 2008, Maschinski et al. 
(2014, p. 33) have documented pulses in seedling establishment. In 
2010, the total population size (seedlings and woody plants) was 356 
individuals. The majority of these were seedlings and basal re-sprouts 
from a fire that affected approximately one-third of the population 
(Maschinski et al. 2010, p. 24). A 2014 survey found 347 plants, 
suggesting the population remains stable (Maschinski et al. 2015, p. 
30).
    The population at R. Hardy Matheson Preserve had declined from 31 
plants in 2004 to just 1 woody plant and 3 seedlings in 2008. However, 
the population increased to 330 and 200 seedlings in 2009 and 2010, 
respectively. The most recent surveys indicated stable populations of 
98 and 307 individuals, in 2014 and 2015, respectively (Maschinski et 
al. 2010, p. 30; 2014, p. 34).
    In 2003, Dalea carthagenensis var. floridana was discovered within 
coastal uplands at Crandon Park for the first time since 1966 
(Maschinski et al. 2010, p. 28). The population at Crandon Park appears 
to be stable; however, it is highly localized to a small area of 
approximately 145 m\2\ (Possley and Maschinski 2009, p. 10). During 
2007, FTBG initiated a demographic study of the species. Sampling plots 
found 200 plants of various sizes, resulting in a population estimate 
of 966 plants at the site (J. Maschinski, pers. comm. 2007; Possley and 
Maschinski 2009, p. 10). Subsequent surveys have shown the population 
to vary considerably, possibly due to a short lifespan or plant 
dormancy (Possley and Maschinski 2009, p. 10). Surveys at Crandon Park 
identified 288 and 168 individuals, in 2014 and 2015, respectively 
(Maschinski et al. 2015, p. 32). Additional known populations within 
Miami-Dade County are summarized in table 4.

    Table 4--Summary of the Status and Trends of the Known Occurrences of Dalea carthagenensis var. floridana
----------------------------------------------------------------------------------------------------------------
                                                    Most recent
          Population               Ownership        population          Status                  Trend
                                                     estimate
----------------------------------------------------------------------------------------------------------------
Everglades National Park.....  National Park     ................  Extirpated        ...........................
                                Service.                            (1964).
Big Cypress National           National Park     236 (2013)......  Extant..........  Insufficient data.
 Preserve, North of Oasis       Service.
 Visitor Center.
Big Cypress National           National Park     0 (2013)........  Extirpated        Insufficient data.
 Preserve, 11-Mile Road.        Service.                            (2014).
Big Cypress National           National Park     17 (2013).......  Extant..........  Insufficient data.
 Preserve, Pinecrest.           Service.
Charles Deering Estate.......  Miami-Dade        347 (2014)......  Extant..........  Stable.
                                County.

[[Page 70292]]

 
Virginia Key (reintroduction)  City of Miami...  4 (2010)........  Extant..........  Insufficient data.
R. Hardy Matheson Preserve...  Miami-Dade        307 (2015)......  Extant..........  Stable.
                                County.
Crandon Park.................  Miami-Dade        168 (2015)......  Extant..........  Stable.
                                County.
Strawberry Fields Hammock      Private.........  17 (2014).......  Extant..........  Insufficient data.
 (next to Natural Forest
 Community).
HRS, Inc.....................  Private.........  21 (2014).......  Extant..........  Insufficient data.
Florida Power and Light        Florida Power     2-10 (2007).....  Extant..........  Insufficient data.
 property.                      and Light.
Coral Gables area............  Private.........  ................  Extirpated        ...........................
                                                                    (1967).
Cox Hammock..................  Private.........  ................  Extirpated        ...........................
                                                                    (1930).
Castellow Hammock Preserve...  Miami-Dade        ................  Extirpated        ...........................
                                County.                             (1975).
Pineland South of Miami River  Unknown.........  Unknown.........  Unknown.          ...........................
Palm Beach County............  Private.........  ................  Extirpated        ...........................
                                                                    (1918).
----------------------------------------------------------------------------------------------------------------

Biology
Life History and Reproduction
    Dalea carthagenensis var. floridana appears to be a short-lived 
(less than 7 years) perennial with a persistent seed bank (Maschinski 
et al. 2014, p. 45). The species produces flowers from October to 
March, and fruit ripen from November to April. The seed maturation 
period is January to May, with a peak in February and March. Larger 
plants can produce more than 500 seeds. Seedling recruitment varies 
widely from year to year, with lower recruitment in drier years. 
Seedlings and juveniles experience rapid growth in their first 2 years 
(Maschinski et al. 2014, p. 45). The plants can stand partial 
inundation with fresh water for a portion of the year, but do not 
tolerate salinity.
    Maschinski et al. (2014, p. 41) used ongoing survey data from the 
Crandon Park population to conduct a preliminary population viability 
analysis (PVA). The population at Crandon Park declined by 33 percent 
from 2007 to 2009. High seedling recruitment increased numbers in 2010, 
which stabilized the population until 2014, when a pulse of high 
recruitment occurred. The demographic study indicated that 3 years had 
declining population growth and 4 years were stable or increasing, a 
cyclic pattern characteristic of short-lived species. The PVA indicated 
that the external cues (temperature and soil moisture) required to 
break dormancy positively influenced Dalea carthagenensis var. 
floridana population dynamics. However, if coupled with seedling 
mortality, serious population decline resulted. Low winter temperature 
coupled with average rainfall resulted in high seedling recruitment and 
good seedling survival; however, if high rainfall followed cold winter 
temperatures, as was noted for winter 2010, seedling mortality was high 
(Maschinski et al. 2014, p. 41).
Fire Ecology and Demography
    There have been no studies of Dalea carthagenensis var. floridana 
relationship to fire; however, periodic fire is extremely important to 
maintaining habitat for this species (Maschinski et al. 2014, p. 47). 
Therefore, historical declines have been partially attributed to 
habitat loss from fire suppression or inadequate fire management.

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 factors 
affecting its continued existence. In this section, we summarize the 
biological condition of each of the plant species and its resources, 
and the influences on such, 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

    Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana have experienced substantial destruction, modification, and 
curtailment of their habitat and range (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 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana has been extreme in most areas of Miami-Dade and Monroe 
Counties, thereby reducing the plants' current range and abundance in 
Florida. The pine rockland community of south Florida, in which these 
species primarily occur, is critically imperiled locally and globally 
(FNAI 2010, p. 62). 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 
rockland habitat by 90 percent in mainland south Florida. Pine rockland 
habitat in Miami-Dade County, including ENP, was reduced to about 11 
percent of its natural extent, 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 rockland 
(approximately 2,313 ha (5,716

[[Page 70293]]

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). Habitat loss continues to occur in these plants' range, and most 
remaining suitable habitat has been negatively altered through human 
activity (illegal clearing, dumping), preclusion of fire, and 
introduction of nonnative species.
    Significant remaining pine rockland habitat occurs on private lands 
and publicly owned lands that are not dedicated to or 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. The human 
population within Miami-Dade County is currently greater than 2.4 
million people, and the population 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). Some of the known populations of Sideroxylon 
reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana occur 
on public conservation lands. Miami-Dade County has developed a network 
of publicly owned conservation lands within Miami-Dade County, but 
prescribed fire is lacking at many of these sites. ENP and BCNP 
actively manage their respective pine rockland habitat with prescribed 
fire (tables 1-4). However, any extant populations of these plants or 
suitable habitat that may occur on non-conservation public or private 
land, such as within the Richmond Pine Rocklands, are vulnerable to 
habitat loss directly from development or indirectly by lack of 
management.
    The marl prairie habitat that also supports Sideroxylon reclinatum 
ssp. austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana has 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 the habitat was artificially 
dried-out due to local or regional drainage. Marl prairie on non-
conservation public or private land remains vulnerable to development, 
which could lead to the loss of populations of the species.
    Sideroxylon reclinatum ssp. austrofloridense occurs in numerous 
pine rocklands outside of ENP within Miami-Dade County, most of which 
are impacted be some degree by development. Two privately owned sites 
in Miami-Dade County supporting Sideroxylon reclinatum ssp. 
austrofloridense are vulnerable to habitat loss from development. Eight 
sites that support the species are public land, which provides for some 
management and protection. However, one population on public land, the 
county-owned Nixon-Smiley Preserve, is extirpated due to inadequate 
management.
    Both extant populations of Digitaria pauciflora are located at ENP 
and BCNP, which are public lands managed for conservation. However, D. 
pauciflora is extirpated from four sites outside ENP and BCNP, which 
comprise half of the species' historical range (Bradley and Gann 1999, 
p. 25; Gann 2015, p. 167). Outside the protected lands of ENP and BCNP, 
Digitaria pauciflora occurred throughout Miami-Dade County, including 
as recently as 1995 within the pine rockland and marl prairie habitats 
of the Martinez Pineland. Martinez Pineland is adjacent to several 
other remnant pine rocklands that form the largest contiguous area of 
pine rockland habitat in Miami-Dade County. However, D. pauciflora has 
since disappeared (Herndon 1998, p. 88; Bradley and Gann 1999, p. 49) 
from Martinez Pineland, and plans are being reviewed for development of 
private portions (see discussion of Richmond Pine Rocklands, below). 
Gordon et al. (2007, pp. 1, 38) did not document other extant D. 
pauciflora populations during surveys to map rare and exotic plants 
along FDOT right-of-ways within Miami-Dade and Monroe Counties. Three 
other historical occurrences in Miami-Dade County had been documented; 
however, no population estimates were made prior to these areas being 
destroyed by habitat loss.
    Eight populations of Chamaesyce deltoidea ssp. pinetorum located on 
private land are vulnerable to habitat loss due to development. Ten 
extant populations occur on public land and are largely protected from 
development. A historical population of Chamaesyce deltoidea ssp. 
pinetorum within Larry and Penny Thompson Park (also part of the 
Richmond Pine Rocklands) has been extirpated due to lack of prescribed 
fire (J. Possley, FTBG, pers. comm. 2011).
    Dalea carthagenensis var. floridana has been extirpated from a 
number of historical locations within Miami-Dade County, including ENP 
for unknown reasons, and by development at Castellow Hammock, in the 
Coral Gables area, the pinelands south of the Miami River, and Cox 
Hammock (Bradley and Gann 1999, pp. 42-43; Maschinski et al. 2014, p. 
39). In addition, there have been no reports of this species from Palm 
Beach County since 1918, and this area is now densely developed 
(Bradley and Gann 1999, p. 42). Six populations occur on public lands 
and are protected from development. Three extant populations occur on 
private land and are vulnerable to habitat loss from development.
    Currently, there are plans to develop 55 ha (137 ac) of the largest 
remaining parcel of pine rockland 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.'' Although both Digitaria pauciflora and 
Chamaesyce deltoidea ssp. pinetorum have been extirpated from Richmond 
Pine Rocklands, populations of Sideroxylon reclinatum ssp. 
Austrofloridense, along with numerous other federally listed species, 
still occur there.
    The Miami-Dade County Department of Environmental Resources 
Management 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 17 ha (43 
ac) of pine rockland and associated habitats. A second project that 
would result in the loss of pine rockland habitat has been proposed for 
the Richmond Pine Rocklands. It includes expanding the Miami Zoo 
complex to develop an amusement park and commercial entities. These 
development projects will result in the loss of pine rockland habitat 
that maintains a population of Sideroxylon reclinatum ssp. 
austrofloridense as well as several federally listed species, and may 
preclude future recovery options for the four plants (such as 
compromising the land managers ability to burn within Richmond Pine 
Rocklands).
Habitat Fragmentation
    The remaining pine rocklands in the Miami metropolitan area are 
severely

[[Page 70294]]

fragmented and isolated from each other. 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 threatened pine rockland plant, Angadenia berteroi 
(pineland golden trumpet), 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 leading to 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 Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana is unknown. In the historical landscape, where pine rockland 
occurred within a mosaic of wetlands, water may have acted as a 
dispersal vector for all pine rockland seeds. In the current fragmented 
landscape, this type of dispersal would no longer be possible for any 
of the Miami-Dade populations, because they exist in isolated habitat 
patches surrounded by miles of unsuitable habitat (agriculture and 
urban development) on every side. 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.
    While pollination research has not been conducted for Sideroxylon 
reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana, 
research regarding other species and ecosystems provides valuable 
information regarding potential effects of fragmentation to these 
plants. Effects of fragmentation 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 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).
    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) and illegal clearing. 
The many effects of habitat fragmentation may work in concert to 
threaten the local persistence of a species, especially of small 
populations (see discussion below); when a species' range of occurrence 
is limited, as with these four plants, threats to local persistence 
increase extinction risk.
Fire Management
    One of the primary threats to Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana 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 rockland 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 Status Assessment, 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 rockland 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 rockland to rockland hammock takes 10 to 25 years, and 
displacement of native species by invasive nonnative plants often 
occurs. All occurrences of Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana are affected by some 
degree of inadequate fire management, with the primary threat being 
shading by hardwoods (Bradley and Gann 1999, p. 15; Bradley and Gann 
2005, page numbers not applicable). Shading may also be caused by a 
fire-suppressed (and, in some cases, planted) pine canopy that has 
evaded the natural thinning effects that fire has on seedlings and 
smaller trees. Gann (2013, pers. comm.) indicates this is also a threat 
to pine rockland habitat on the Miami Rock Ridge. Understory plants 
such as Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana are shaded out after just 10 years 
without fire, by hardwoods and nonnatives alike.
    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 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana (Geiger 2002, pp. 78-79, 81-83).

[[Page 70295]]

    After an extended period of inadequate fire management in pine 
rocklands, it becomes necessary to control invading native hardwoods 
mechanically, since excess growth of native hardwoods would result in a 
hot fire, which can cause mortality of pines and destroys the 
rootstocks and seed banks of other native plants. 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.
    The impacts of fire on Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana are not entirely 
understood. Fire is critical in maintaining the open understory and 
species diversity in pine rocklands and marl prairies where these 
species occur, as well as to reduce populations of nonnative plant 
species. Fire maintains the ecotone (transition) between saw grass 
marsh, pine rockland, and rockland hammock habitats where S. reclinatum 
ssp. austrofloridense grows.
    Some natural mortality of Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana may occur from fire, 
especially more intense fires. S. reclinatum ssp. austrofloridense and 
C. deltoidea ssp. pinetorum grow in wet marl soils and soil deposits 
within cracks in the limestone bedrock, which provides protection to 
the roots and allows plants to resprout following fire. C. deltoidea 
ssp. pinetorum, in particular, possesses a well-developed rootstock 
that is protected from fire (ENP 2014, p. 203). Herndon (1998, p. 28) 
pointed out that the life history of C. deltoidea ssp. pinetorum 
includes a cryptic stage, making interpretation of mortality of 
aboveground parts difficult.
    Currently, limited information is available on differences in 
mortality or long-term population impacts of Sideroxylon reclinatum 
ssp. austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana resulting from wet 
or dry season burns. Indirect evidence suggests that burning in either 
season is suitable to maintain populations of S. reclinatum ssp. 
austrofloridense, D. pauciflora, and C. deltoidea ssp. pinetorum in 
pine rocklands. Prescribed fire in ENP was originally conducted during 
the dry season. Fire management was gradually shifted to wet-season 
burning in an effort to better mimic natural lightning-ignited fire 
patterns. As a result, pinelands and marl prairies in ENP where S. 
reclinatum ssp. austrofloridense, D. pauciflora, and C. deltoidea ssp. 
pinetorum occur have been burned in both the wet season and dry season. 
Long-term maintenance of populations in those areas indicates that 
either practice will sustain populations of these species.
    Federal (Service, NPS), State (Florida Department of Environmental 
Protection (FDEP), Florida Fish and Wildlife Conservation Commission 
(FWC), and County (Miami-Dade DERM) land managers, and nonprofit 
organizations (Institute for Regional Conservation (IRC)) implement 
prescribed fire on public and private lands within the ranges of 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana. 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. Nevertheless, all of these sites retain a contingent of 
native species and a seedbank capable of responding to fire.
    While ENP, BCNP, and various Miami-Dade County conservation lands 
(e.g., Navy Wells Pineland Preserve) each attempt to administer 
prescribed burns, the threat of inadequate fire management still 
remains. The pine rocklands in the Long Pine Key region of ENP remained 
largely fire-suppressed for the past decade as the Park updated its 
fire management plan. Although prescribed fire was returned to Long 
Pine Key in early 2016, many areas retained substantial amounts of 
unburned understory vegetation. As a result, despite reintroduction of 
a fire regime, several large-scale wildfires ignited during the spring 
months of 2016, which burned up to 50 percent of the pine rocklands in 
Long Pine Key. Ultimately, this combination of prescribed burns and 
natural fires (if not too hot or lasting too long) is likely to improve 
conditions for Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, and Chamaesyce deltoidea ssp. pinetorum populations within 
ENP. For example, at 3 to 6 months post-burn, these species appear to 
be recolonizing burned areas (Sadle, pers. comm. 2016; Salvato, pers. 
obs. 2016). However, this chain of events also demonstrated the threat 
that prolonged or insufficient fire management may pose to local 
populations of an imperiled species, even on public conservation lands.
    Implementation of a prescribed fire program in Miami-Dade County 
has been hampered by a shortage of resources, and by logistical 
difficulties and public concern related to burning next to residential 
areas. Many homes have been built in a mosaic of pine rockland, 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 2013, pers. comm.). Few private landowners have the 
means and/or desire to implement prescribed fire on their property, and 
doing so in a fragmented urban environment is logistically difficult 
and may be costly. One of the few privately owned pine rocklands that 
is successfully managed with prescribed burning is Pine Ridge 
Sanctuary, located in a more agricultural (less urban) matrix of Miami-
Dade, which was last burned in November 2010 (Glancy 2013, pers. comm.) 
and retains populations of both Sideroxylon reclinatum ssp. 
austrofloridense and Chamaesyce deltoidea ssp. pinetorum. Similarly, 
extant populations of Dalea carthagenensis var. floridana within the 
privately owned Charles Deering Estate and County-owned Crandon Park, 
are managed with fire.
Conservation Efforts To Reduce the Present or Threatened Destruction, 
Modification, or Curtailment of Habitat or Range
Miami-Dade County Environmentally Endangered Lands 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 rockland properties enrolled 
in this program,

[[Page 70296]]

preserving 69.4 ha (172 ac) of pine rockland 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).
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 2013, 
pers. comm.). To date, the Miami-Dade County EEL Program has acquired a 
total of approximately 313 ha (775 ac) of pine rockland, and 95 ha (236 
ac) of rockland hammocks (Guerra 2015 pers. comm.; Gil 2013, pers. 
comm.). The EEL Program also manages approximately 314 ha (777 ac) of 
pine rocklands and 639 ha (1,578 ac) of rockland hammocks owned by the 
Miami-Dade County Parks, Recreation and Open Spaces Department, 
including some of the largest remaining areas of pine rockland habitat 
on the Miami Rock Ridge outside of ENP (e.g., Larry and Penny Thompson 
Park, Zoo Miami pinelands, and Navy Wells Pineland Preserve), and some 
of the largest remaining areas of rockland hammocks (e.g., Matheson 
Hammock Park, Castellow Hammock Park, and Deering Estate Park and 
Preserves).
    Conservation efforts in Miami's EEL Preserves have been under way 
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 changes that may pose a 
threat to or alter the abundance of these species. Impacts to habitat 
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. In 
particular, fire management remains inadequate at many sites.
    Since 2005, the Service has funded IRC to facilitate restoration 
and management of privately owned pine rockland 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 above (see Fire Management).
Connect To Protect Program
    FTBG, with the support of various Federal, State, local, 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 
rockland species, and restoring isolated pine rockland 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 rockland 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 rockland species and habitat, they are dependent on continual 
funding, as well as participation from private landowners, both of 
which may vary through time.
National Park Service Lands
    The NPS General Management Plans (GMPs) for ENP (NPS 2015) and BCNP 
(BCNP 2008) serve to protect, restore, and maintain natural and 
cultural resources at the ecosystem level. Although these GMPs are not 
regulatory, and their implementation is not mandatory, they do include 
conservation measures for Sideroxylon reclinatum ssp. austrofloridense, 
Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, or Dalea 
carthagenensis var. floridana.
Summary of Factor A
    We have identified a number of threats to the habitat of the 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana 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. Sideroxylon reclinatum 
ssp. austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana 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 habitats.
    On public lands, including Service, NPS, and Miami-Dade County-
owned lands, implementation of prescribed fire has not been sufficient 
because of legal constraints (permitting requirements) and inadequate 
funding. Any populations of these four plants found on private property 
could be destroyed due to lack of protection. Although efforts are 
being made to conserve natural areas and apply prescribed fire, most 
pine rocklands remain in poor fire condition, and 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 to these species outside of conservation 
lands.
    Therefore, based on the best information available, we have 
determined that the threats to Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana from habitat 
destruction, modification, or curtailment are occurring throughout the 
entire range of these 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

[[Page 70297]]

educational purposes are a threat to Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, or Dalea carthagenensis var. floridana. Threats to these 
plants related to other aspects of recreation and similar human 
activities (i.e., not related to overutilization) are discussed in 
Factor E.

Factor C. Disease or Predation

    No diseases or incidences of predation have been reported for 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, or Dalea carthagenensis var. 
floridana.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    Under this factor, we examine whether threats to these plants that 
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, 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 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 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana.
Federal
    Populations of Sideroxylon reclinatum ssp. austrofloridense, 
Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana within the Everglades and ENP and BCNP 
are protected by NPS regulations at 36 CFR 2.1, which prohibit visitors 
from harming or removing plants, listed or otherwise, from ENP or BCNP. 
However, the regulation does not address actions taken by NPS that 
cause mortality, or habitat loss or modification. NPS regulations do 
not require the application of prescribed fire or voluntary recovery 
actions for listed species.
    In addition to occurring on ENP and BCNP, Sideroxylon reclinatum 
ssp. austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana may occur (we do not 
have recent surveys) on Federal lands within the Richmond Pine 
Rocklands, including lands owned by the U.S. Coast Guard and the 
National Oceanic and Atmospheric Association (NOAA; small portion of 
Martinez Pineland). There are no Federal protections for candidate 
species, including these four plants, on these properties. Otherwise, 
these plants occur primarily on State, County, or private land (Tables 
1-4), and development of these areas will likely require no Federal 
permit or other authorization. Therefore, projects that affect them are 
usually not analyzed under the National Environmental Policy Act (NEPA) 
(42 U.S.C. 4321 et seq.).
State
    Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana are listed on the Sate of Florida's Regulated Plant Index as 
endangered under Chapter 5B-40, Florida Administrative Code. This 
listing provides little or no habitat protection beyond the State's 
Development of Regional Impact process, which discloses impacts from 
projects, but provides no regulatory protection for State-listed plants 
on private lands.
    Florida Statutes 581.185 sections (3)(a) and (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.
    However, subsections (8)(a) and (b) of the statute waive State 
regulation for certain classes of activities for all species on the 
Regulated Plant 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. On the other hand, section (10) 
of the statute provides for consultation similar to section 7 of the 
Federal 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).
Local
    In 1984, Section 24-49 of the Code of Miami-Dade County established 
regulation of County-designated NFCs, which include both pine rocklands 
and tropical hardwood hammocks. 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 has regulatory authority over NFCs and is charged 
with enforcing regulations that provide partial protection on the Miami 
Rock Ridge. Miami-Dade Code typically allows up to 20 percent of a pine 
rockland designated as NFC to be developed, and requires that the 
remaining 80 percent be placed under a perpetual covenant. In certain 
circumstances, where the landowner can demonstrate that limiting 
development to 20 percent does not allow for ``reasonable use'' of the 
property, additional development may be approved. 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. The 
NFC program is responsible for ensuring that NFC permits are issued in 
accordance with the limitations and requirements of the code and that 
appropriate NFC preserves are established and maintained in conjunction 
with the issuance of an NFC permit. The NFC program currently regulates

[[Page 70298]]

approximately 600 pine rockland or pine rockland/hammock properties, 
comprising approximately 1,200 ha (3,000 ac) of habitat (Joyner 2013a, 
pers. comm.).
    Although the NFC program is designed to protect rare and important 
upland (non-wetlands) habitats in south Florida, this regulatory 
strategy has limitations. For example, in certain circumstances where 
landowners can demonstrate that limiting development to 20 percent 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 on a parcel 
in limited circumstances for parcels less than 2.02 ha (5 ac) in size 
and requires coordination with the landowner only if the landowner 
plans to develop property or perform work within the NFC designated 
area. As such, the majority of the existing private forested NFC 
parcels consists of isolated fragments, 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 requires the land to be 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, Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana are found on Federal, State, and County 
lands; however, there is no regulatory mechanism in place that provides 
substantive protection of actual habitat or of potentially suitable 
habitat at this time. NPS regulations provide some protection at ENP 
and BCNP sites, whichprotect the largest and best managed populations. 
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 S. reclinatum ssp. 
austrofloridense, D. pauciflora, C. deltoidea ssp. pinetorum, and D. 
carthagenensis var. floridana and their habitats.
    Although most populations of Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana are afforded some 
level of protection because they are on public conservation lands, 
existing regulatory mechanisms have not led to a sufficient reduction 
of threats posed to these plants by a wide array of sources (see 
discussions under Factors A and E).

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

    Other natural or manmade factors affect Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana to varying degrees, 
including the spread of nonnative invasive plants, 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, climate change, and the related 
risks from environmental stochasticity (extreme weather) on small 
populations. Each of these threats and its specific effect on these 
species are 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 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana, 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 the four plants and a critical 
part of habitat maintenance.
    Nonnative plants have significantly affected pine rocklands, and 
negatively impact all occurrences of Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana 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). Schinus terebinthifolius (Brazilian pepper) and Neyraudia 
neyraudiana (Burma reed) affect these species (Bradley and Gann 1999, 
pp. 13, 72). Brazilian pepper, 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). Lygodium microphyllum (Old World climbing fern) is also 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. S. ssp. austrofloridense, D. 
pauciflora, C. deltoidea ssp. pinetorum, and D. carthagenensis var. 
floridana thrive under this fire regime. However, dense infestations of 
Neyraudia neyraudiana and Schinus terebinthifolius cause higher fire 
temperatures and longer burning periods.
    These nonnative species occur throughout the ranges of the four 
plants. In ENP and BCNP, invasives tend to be fewer due to the 
insularity of these sites and the NPS's control programs. Nevertheless, 
most areas require annual treatments to remove incipient invasions. 
Management of nonnative invasive plants in pine rocklands in Miami-Dade 
County is further complicated because the vast majority of pine 
rocklands are small, fragmented areas bordered by urban development. 
Areas near managed pine rockland that contain nonnative species can act 
as a seed source of nonnatives allowing them to continue to invade the 
surrounding pine rockland (Bradley and Gann 1999, p. 13).
    Nonnative plant species are also a concern on private lands, where 
often they are not controlled due to associated costs, lack of 
interest, or lack of knowledge of detrimental impacts to the ecosystem. 
Undiscovered populations of Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana on private lands 
could certainly be at risk. Overall, active management is necessary to 
control for nonnative

[[Page 70299]]

species and to protect unique and rare habitats where these plants 
occur (Snyder et al. 1990, p. 273).
Mowing
    While no studies have investigated the effect of mowing on 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, or Dalea carthagenensis var. 
floridana, research has been conducted on the federally endangered 
Linum carteri var. carteri (which also occurs in pine rocklands). The 
study found significantly higher densities of plants at the mown sites 
where competition with other plants is decreased (Maschinski et al. 
2007, p. 56). However, plants growing on mown sites were shorter, which 
may affect fruiting magnitude. While mowing did not usually kill adult 
plants, it could delay reproduction if it occurred prior to plants 
reaching reproductive status (Maschinski et al. 2007, pp. 56-57). If 
such mowing occurs repeatedly, reproduction of those plants would be 
entirely eliminated. Maschinski et al. (2008, p. 28) recommended 
adjusting the timing of mowing to occur at least 3 weeks after 
flowering is observed to allow a higher probability of adults setting 
fruit prior to the mowing event. With flexibility and proper 
instructions to land managers and ground crews, mowing practices could 
be implemented in such a way as to scatter seeds and reduce competition 
with little effect on population reproductive output for the year 
(Maschinski et al. 2008, p. 28). The exact impacts of mowing also 
depend on the timing of rainfall prior to and following mowing, and the 
numbers of plants in the population that have reached a reproductive 
state.
Recreation and Other Human Activities
    Recreational use of off-road vehicles (ORV) is a threat to 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, and 
Dalea carthagenensis var. floridana occurrences within BCNP (K. Bradley 
et al. 2013, p. 3). Operators frequently veer off established trails, 
and plants can be harmed or destroyed (Bradley and Gann 1999, p. 43). 
BCNP manages ORV access using a permit system, regulations, and 
designated trails. However, there are over 1,000 miles of ORV trails in 
BCNP, and only one enforcement officer (Pernas pers. comm., 2016), 
making enforcement of designated ORV trails a challenge. Current aerial 
imagery from the Lostman's Pine area of BCNP, where Digitaria 
pauciflora occurs, shows a criss-cross pattern of multiple ORV trails 
through the area. The Service is working with BCNP to determine the 
extent to which ORVs are affecting all three species at this site, 
particularly D. pauciflora, since it is one of only two sites where the 
species is known to exist. Damage from ORV use has also been documented 
for Dalea carthagenensis var. floridana within the Charles Deering 
Estate (J. Possley, pers. comm. 2008, 2009).
    Dalea carthagenensis var. floridana at the R. Hardy Matheson 
Preserve is also impacted by illegal mountain biking (Bradley and Gann 
1999, pp. 43-45). In the past, this pineland fragment was heavily used 
by mountain bikers. In response Miami-Dade County has erected fencing 
to protect this site, which appears to have reduced this threat 
(Bradley and Gann 1999, p. 43).
Effects of 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, 
effects of climate change, and localized catastrophes such as 
hurricanes and disease outbreaks (Mangel and Tier 1994, p. 607; Pimm et 
al. 1988, 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, such as those in fragmented habitat, 
often exhibit reduced levels of genetic variability, although the 
ultimate effect of these changes is dependent on a plant's specific 
life history, reproductive system, and interaction with pollinators and 
dispersal vectors (which may themselves be affected by fragmentation) 
(Young et al. 1996, p. 413). While research results clearly indicate 
that isolation/fragmentation has population genetic consequences for 
plants, consequences are varied and for some species there may be a 
``fragmentation threshold'' below which genetic variation is not lost 
(Young et al. 1996, p. 416). No such studies have been conducted for 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana, so whether these plants exhibit such a threshold is not 
known.
    Reduced genetic variability generally diminishes a 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 (interaction 
of two or more components) effects with other threats, such as those 
discussed above (Factors A and C). Tables 1, 2, 3, and 4 above list the 
population sizes and the geographic ranges for S. reclinatum ssp. 
austrofloridense, D. pauciflora, C. deltoidea ssp. pinetorum, and D. 
carthagenensis var. floridana. For example, table 2 lists Digitaria 
pauciflora as having 2 extant populations (ENP and BCNP), one estimated 
at 1,000-10,000 plants and the other with greater than 10,000 plants. 
The Service does not consider these as small populations; however, a 
large wildfire or severe flooding could be catastrophic. As shown in 
2016, D. pauciflora was impacted by fire in ENP and flooding in ENP and 
BCNP, proving that the small geographic extent of the existing 
populations is not sufficient to eliminate the risk posed by large-
scale disturbances.
Effects of Climate Change
    Climatic changes, including sea level rise (SLR), are major threats 
to the flora of south Florida, including Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, or Dalea carthagenensis var. floridana. Our analyses under 
the Act include consideration of ongoing and projected changes in 
climate. With regard to our analysis for Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, or Dalea carthagenensis var. floridana, 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).

[[Page 70300]]

    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 (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. Heat trapped by greenhouse gases causes atmospheric warming, but 
the ocean is a vast heat sink where most of the increased heat energy 
is stored. As the water increases in temperature, its volume expands. 
Due to the thermal dynamic properties of water, as projected 
temperatures increase, so does the volume of the ocean, and the rate of 
expansion. As a result, most models show a dramatic increase in the 
rate of SLR rise by mid-century. 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 1-2 m (3.3-6.6 ft) by 2100 as follows: 0.75-1.90 m 
(2.5-6.2 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 0.5-1.40 m (1.6-4.6 ft; National Resource 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) (discussed more 
specifically under Environmental Stochasticity, below). The 
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 (see Alternative Future Landscape Models, 
below). All of the scenarios, from small climate change shifts to major 
changes, indicate significant effects on coastal Miami-Dade County.
    Decades prior to inundation, pine rocklands are likely to undergo 
vegetation shifts related to climate change, triggered by changes to 
hydrology (wetter), salinity (higher) and increasing vulnerability to 
storm surge (pulse events causing massive erosion and salinization of 
soils) (Saha et al.2011, p. 82). Hydrology has a strong influence on 
plant distribution in these and other coastal areas (IPCC 2008, p. 57). 
Such communities typically grade from saltwater to brackish to 
freshwater species. From the 1930s to 1950s, increased salinity of 
coastal waters 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 rockland in the Keys (Ross et al. 1994, 
pp. 144, 151-155). In one Florida Keys pine rockland with an average 
elevation of 0.89 m (2.9 ft), Ross et al. (1994, pp. 149-152) observed 
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. During this same time span, 
local sea level had risen by 15 cm (6.0 in), and Ross et al. (1994, p. 
152) found evidence of groundwater and soil water salinization.
    Extrapolating this situation to pine rocklands on the mainland is 
not straightforward, but indications are that similar changes to 
species composition could arise if current projections of SLR occur and 
freshwater inputs are not sufficient to prevent salinization. 
Furthermore, 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. Alexander (1953, pp. 133-138) attributed the demise of pinelands 
on northern Key Largo to salinization of the groundwater in response to 
SLR. Patterns of human development will also likely be significant 
factors influencing whether natural communities can move and persist 
(IPCC 2008, p. 57; USCCSP 2008, p. 7-6).
    The Science and Technology Committee of the Miami-Dade County 
Climate Change Task Force (Wanless et al. 2008, p. 1) recognized that 
significant SLR is a very real threat to the near future for Miami-Dade 
County. In a January 2008 statement, the committee warned that sea 
level is expected to rise at least 0.9-1.5 m (3-5 ft) within this 
century (Wanless et al. 2008, p. 3). With a 0.9-1.2 m (3-4 ft) rise in 
sea level (above baseline) in Miami-Dade County, spring high tides 
would be at about 6 to 7 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; landfill sites would be exposed to erosion contaminating 
marine and coastal environments. Freshwater and coastal mangrove 
wetlands will not keep up with or offset SLR of 2 ft per century or 
greater. With a 5-ft rise (spring tides at nearly +8 ft), the land area 
of Miami-Dade County will be extremely diminished (Wanless et al. 2008, 
pp. 3-4).
    Drier conditions and increased variability in precipitation 
associated with climate change are expected to hamper successful 
regeneration of forests and cause shifts in vegetation types through 
time (Wear and Greis 2012, p. 39). Although this issue has not been 
well studied, existing pine rocklands have probably been affected by 
reductions in the mean water table. Climate changes are also forecasted 
to extend fire seasons and the frequency of large fire events 
throughout the Coastal Plain (Wear and Greis 2012, p. 43). These 
factors will likely cause an increase in wildfires and exacerbate 
complications related to prescribed burning (i.e., less predictability 
related to rainfall, fuel moisture, and winds) or other management 
needed to restore and maintain habitat for the four plants. While 
restoring fire to pine rocklands is essential to the long-term 
viability of Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana populations, increases in the scale, 
frequency, or severity of wildfires could have negative effects on 
these plants considering their general vulnerability due to small 
population size, restricted range, few occurrences, and relative 
isolation. Big, hot wildfires can destroy essential habitat features of 
pine rockland habitat. In addition, hot burns with long residence times 
(which are more likely under wildfire conditions)

[[Page 70301]]

can also sterilize the soil seed bank and cause a demographic crash in 
plant populations.
Alternative Future Landscape Models
    To accommodate the large uncertainty in SLR projections, 
researchers must estimate effects from a range of scenarios. Various 
model scenarios developed at MIT and GeoAdaptive Inc. have projected 
possible trajectories of future transformation of the south Florida 
landscape by 2060 based upon four main drivers: climate change, shifts 
in planning approaches and regulations, human population change, and 
variations in financial resources for conservation. The scenarios do 
not account for temperature, precipitation, or species habitat shifts 
due to climate change, and no storm surge effects are considered. The 
current MIT scenarios range from an SLR of 0.09-1.0 m (0.3-3.3 ft) by 
2060 (Vargas-Moreno and Flaxman 2010, pp. 1-6).
    Based on the most recent estimates of anticipated SLR, the upward 
trend in recent projections toward the higher range of earlier SLR 
estimates (discussed above), and the data available to us at this time, 
we evaluated potential effects of SLR using the current ``high'' range 
MIT scenario as well as comparing elevations of remaining pine rockland 
fragments and extant and historical occurrences of Sideroxylon 
reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana. The 
``high'' range (or ``worst case'') MIT scenario assumes high SLR (1 m 
(3.3 ft) by 2060), low financial resources, a ``business as usual'' 
approach to planning, and a doubling of human population.
    The rate of SLR will increase as time passes. This is due to 
atmospheric and ocean warming and the thermal expansion properties of 
water. In SLR models the rate of sea level rise is projected to 
increase dramatically around mid-century.
    Most populations of Sideroxylon reclinatum ssp. austrofloridense, 
Digitaria pauciflora, and Chamaesyce deltoidea ssp. pinetorum occur at 
elevations less than 2 m (6.6 ft) above sea level, making these species 
highly susceptible to increased storm surges and related impacts 
associated with SLR. Areas of the Miami Rock Ridge in Miami-Dade County 
(located to the east of ENP and BCNP) are higher elevation (maximum of 
7 m [22 ft] above sea level) than those in BCNP (FNAI 2010, p. 62). 
However, plant communities along South Florida's low-lying coasts are 
organized along a mild gradient in elevation, transitioning from 
mangroves at sea level to salinity-intolerant interior habitats, 
including pine rocklands and hardwood hammocks within an elevation 
change of 2 m (6.5 ft) above sea level. As a result, a rise of 1 m (3.3 
ft) in sea level is expected to render coastal systems susceptible to 
increased erosion and cause these areas to transition from upland 
forest habitats to saline wetland habitats.
    Prior to the onset of sustained inundation, there will be 
irreversible changes in vegetation composition within these habitats. 
Shifts in habitat toward hydric and saline ecosystems may occur decades 
in advance of full inundation, rendering the habitat unsuitable for 
salt-intolerant species including S. reclinatum ssp. austrofloridense, 
D. pauciflora, C. deltoidea ssp. pinetorum, and D. carthagenensis var. 
floridana (Saha et al.2011, p. 82). As interior habitats become more 
saline there will be a reduction in freshwater inflows to the estuarine 
portions of ENP and BCNP, accelerating losses in salinity-intolerant 
coastal plant communities (Saha et al. 2011, p. 105), such as S. 
reclinatum ssp. austrofloridense, D. pauciflora, C. deltoidea ssp. 
pinetorum, or D. carthagenensis var. floridana.
    Actual impacts may be greater or less than anticipated based upon 
the high variability of factors involved (e.g., SLR, human population 
growth) and assumptions made, but based on the current ``high'' range 
MIT scenario, pine rocklands, marl prairies and associated habitats 
along the coast in central and southern Miami-Dade County would become 
inundated. The ``new'' sea level would occur at the southern end of the 
Miami Rock Ridge (the eastern edge of the Everglades). However, in 
decades prior to the fully anticipated sea level rise, changes in the 
water table and increased soil salinity from partial inundation and 
storm surge will result in vegetation shifts within BCNP, ENP, and 
conservation lands on the southern Miami Rock Ridge. Inundation will 
result in pine rocklands gaining increased marl prairie 
characteristics. Marl prairies, in turn, will transition to sawgrass or 
more hydric conditions, due to increased inundation.
    As a result, species such as Digitaria pauciflora and Sideroxylon 
reclinatum ssp. austrofloridense, which are most abundant within the 
ecotone between pine rocklands and marl prairies, will gradually 
decline as these habitat types merge and eventually disappear. Under 
this scenario, by 2060, all extant populations of Digitaria pauciflora, 
as well as the largest populations of Sideroxylon reclinatum ssp. 
austrofloridense and Dalea carthagenensis var. floridana, would likely 
be lost or significantly impacted by shifts in vegetation communities. 
Populations of Sideroxylon reclinatum ssp. austrofloridense, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana would 
likely remain only at the highest elevations along the Miami Rock 
Ridge. In addition, many existing pine rockland fragments are projected 
to be developed for housing as the human population grows and adjusts 
to changing sea levels under this scenario.
Further or Additional Impacts Expected Beyond 2060
    Further direct losses to extant populations of all four plants are 
expected due to habitat loss and modification from SLR through 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. Our analysis is based on 0.91 m (3 ft) and 
1.8 m (6 ft) of SLR.
    Based on a higher SLR of 1.8 m (6 ft), as projected by NOAA, much 
larger portions of urban Miami-Dade County, including conservation 
areas, such as Navy Wells Pineland Preserve, will be inundated by 2100. 
Under such a 1.8-meter SLR projection, both extant populations of D. 
pauciflora in ENP and BCNP would be almost entirely inundated by 2100, 
and the species will be extinct. Several extant occurrences of 
Sideroxylon reclinatum ssp. austrofloridense, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana would also be lost. 
The western part of urban Miami-Dade County would also be inundated 
(barring creation of sea walls or other barriers), creating a virtual 
island of the Miami Rock Ridge.
    Following a 1.8-m (6-ft) rise in sea level, approximately 75 
percent of presently extant pine rocklands on the Miami Rock Ridge 
would still remain above sea level. However, an unknown percentage of 
remaining pine rockland fragments would be negatively impacted by water 
table and soil salinization, which would be further exacerbated due to 
isolation from mainland fresh water flows.
    Projections of SLR above 1.8 m (6 ft) indicate that very little 
pine rockland would remain, with the vast majority either being 
inundated or experiencing

[[Page 70302]]

vegetation shifts, resulting in the extirpation of all known 
populations of Digitaria pauciflora, Sideroxylon reclinatum ssp. 
austrofloridense, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana.
Environmental Stochasticity
    Endemic species whose populations exhibit a high degree of 
isolation and narrow geographic distribution, such as Sideroxylon 
reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana, are 
extremely susceptible to extinction from both random and nonrandom 
catastrophic natural or human-caused events. 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 southern Florida is driven by a combination of 
local, regional, and global events, regimes, 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 2015, Florida actually experienced 109 hurricanes and 36 major 
hurricanes. While not every hurricane will pass over south Florida, 
given the low population sizes and restricted ranges of Sideroxylon 
reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana 
within locations prone to storm influences, these species are at 
substantial risk from hurricanes, storm surges, and other extreme 
weather. Depending on the location and intensity of a hurricane or 
other severe weather event, it is possible that the plants could become 
extirpated or extinct.
    Hurricanes, storm surge, and extreme high tide events are natural 
events that can negatively impact these four plants. Hurricanes and 
tropical storms can modify habitat (e.g., through storm surge) and have 
the potential to destroy entire populations, physically washing them 
away or leaving soil too saline for them to persist. 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). Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, Chamaesyce deltoidea ssp. pinetorum, or Dalea 
carthagenensis var. floridana 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 species could face local extirpations due to 
stochastic events.
    Other processes to be affected by climate change, related to 
environmental stochasticity, include temperatures, rainfall (amount, 
seasonal timing, and distribution), and storms (frequency and 
intensity). Temperatures are projected to rise from 2-5 [deg]C (3.6-9 
[deg]F) for North America by the end of this century (IPCC 2007, pp. 7-
9, 13). These factors will likely cause an increase in wildfires and 
exacerbate complications related to prescribed burning or other 
management needed to restore and maintain habitat for the four plants. 
Based upon modeling, Atlantic hurricane and tropical storm frequencies 
are expected to decrease (Knutson et al. 2008, pp. 1-21). By 2100, 
there should be a 10-30 percent decrease in hurricane frequency. 
Hurricane frequency is expected to drop due to more wind shear impeding 
initial hurricane development. However, hurricane winds are expected to 
increase by 5-10 percent, which will increase storm surge heights. This 
is due to more hurricane energy being available for intense hurricanes. 
In addition to climate change, weather variables are extremely 
influenced by other natural cycles, such as El Ni[ntilde]o Southern 
Oscillation with a frequency of every 4-7 years, solar cycle (every 11 
years), and the Atlantic Multi-decadal Oscillation. All of these cycles 
influence changes in Floridian weather. The exact magnitude, direction, 
and distribution of all of these changes at the regional level are 
difficult to project.
Freezing Temperatures
    Occasional freezing temperatures that occur in south Florida pose a 
risk to Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, Chamaesyce deltoidea ssp. pinetorum, or Dalea 
carthagenensis var. floridana, causing damage or death to individual 
plants. Under normal circumstances, occasional freezing temperatures 
would not result in a significant impact to populations of these 
plants; however, the small size of some populations means the loss from 
freezing events of even a few individuals can reduce the viability of 
the population.
Hydrology and Everglades Restoration
    Hydrology is a key ecosystem component that affects rare plant 
distributions and their viability (Gann et al. 2006, p. 4). 
Historically, sheet flow from Shark River Slough and Taylor Slough did 
not reach the upland portions of Long Pine Key, but during the wet 
season increased surface water flow in sloughs generated a rise in 
ground water across the region (Gann et al. 2006, p. 4). Water flow 
through Long Pine Key was originally concentrated in marl prairies, 
traversing in a north-south direction; however, construction of the 
main ENP road dissected Long Pine Key in an east-west direction, 
thereby impeding sheet flow across this area (Gann et al. 2006, p. 4). 
Water was either impounded to the north of the main ENP road or 
diverted around the southern portion of Long Pine Key through Taylor 
Slough and Shark River Slough (Gann et al. 2006, p. 4). As artificial 
drainage became more widespread, however, regional groundwater supplies 
declined.
    While projects designed to restore the historical hydrology of the 
Everglades and other natural systems in southern Florida, including ENP 
and BCNP (collectively known as the Comprehensive Everglades 
Restoration Plan (CERP)), are beneficial to the Everglades ecosystem, 
some may produce collateral impacts to extant pine rockland, marl 
prairies, and associated habitats within the region through inundation 
or increased hydroperiods. The effects of changes in regional hydrology 
through restoration may have impacts on the four plant species and 
their habitats. Sadle (2012, pers. comm.) suggested various CERP 
projects (such as C-111 spreader canal; L-31N seepage barrier), 
specifically the operation of pumps and associated detention areas 
along the ENP

[[Page 70303]]

boundary, may influence (through excessive water discharges) select 
portions of eastern Long Pine Key. Increased and longer-duration 
hydroperiods within the pine rockland and marl prairie habitats where 
these species occur may lead to a reduction in the amount of suitable 
habitat, a potential reduction in the area occupied and a reduction in 
the number of individuals found in ENP and BCNP. It is unclear to what 
extent this may occur, if at all. In an effort to establish a baseline 
assessment of future hydrologic modifications, long-term monitoring 
transects and plots for Sideroxylon reclinatum ssp. austrofloridense, 
Digitaria pauciflora, and Chamaesyce deltoidea ssp. pinetorum were 
established in Long Pine Key between 2003 and 2008 (Gann 2015, p. 169).
Conservation Efforts To Reduce Other Natural or Manmade Factors 
Affecting 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. For the four 
plants, monitoring detects declines that lead to small population size, 
changes in habitat due to SLR, and declines due to stochastic events. 
For nonnatives, monitoring is an integral part of efforts to detect and 
control invasive plant and animal species.
Summary of Factor E
    We have discussed threats from other natural or manmade factors 
including: nonnative invasive plants, management practices (such as 
mowing and herbicide use), recreation (including ORV use), effects from 
small population size and isolation, limited geographic range, and 
stochastic events including hurricanes, storm surges, and wildfires. 
Additionally, these plants are particularly vulnerable to the effects 
of climate change, including SLR, as changes in the water table, 
increased soil salinity from partial inundation, and storm surge will 
likely result in vegetation shifts in the decades prior to the fully 
anticipated sea level rise. 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. The threats act together to 
impact populations of Sideroxylon reclinatum ssp. austrofloridense, 
Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, or Dalea 
carthagenensis var. floridana.

Cumulative Effects of Threats

    When two or more threats affect populations of Sideroxylon 
reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana, 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), ORV damage (Factor E), or 
stochastic events, such as hurricanes, storm surges, wildfires (Factor 
E). The limited distributions and/or small population sizes of many 
populations of S. reclinatum ssp. austrofloridense, D. pauciflora, C. 
deltoidea ssp. pinetorum, and D. carthagenensis var. floridana make 
them extremely susceptible to the detrimental effects of further 
habitat modification, degradation, and loss, as well as other 
anthropogenic threats. Mechanisms leading to the decline of S. 
reclinatum ssp. austrofloridense, D. pauciflora, C. deltoidea ssp. 
pinetorum, and D. carthagenensis var. floridana, as discussed above, 
range from local (e.g., agriculture) to regional (e.g., development, 
fragmentation, nonnative species) to global influences (e.g., effects 
of 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 S. reclinatum ssp. austrofloridense, D. pauciflora, C. 
deltoidea ssp. pinetorum, and D. carthagenensis var. floridana, 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 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana.

Sideroxylon reclinatum ssp. austrofloridense

    Nine of 11 extant populations are located on publicly owned 
conservation lands. This includes 10,000-100,000 plants at ENP, and a 
small population at BCNP, where prescribed fire implementation has 
improved, and nonnative plant control efforts are adequate to 
beneficially manage habitat for native species. In contrast, in the 
scattered small populations on Miami-Dade habitat fragments, 
representing half of the species' historical range, habitat management 
currently is not adequate due to the inability to conduct prescribed 
fire. Increasing temperatures and changes in precipitation patterns 
associated with climate change will likely cause an increase in 
wildfires and exacerbate complications related to prescribed burning or 
other management needed to restore and maintain habitat for the 
species. In the current, fragmented landscape, dispersal and genetic 
exchange for any of these smaller Miami-Dade populations is unlikely, 
because they exist in isolated habitat patches surrounded by miles of 
unsuitable habitat (agriculture and urban development). Two privately 
owned sites in Miami supporting extant populations are vulnerable to 
development. The largest populations (ENP and BCNP) are vulnerable to 
hydrologic changes related to Everglades restoration projects and SLR.
    SLR projections suggest future inundation and modification to the 
majority of Sideroxylon reclinatum ssp. austrofloridense habitat in ENP 
and BCNP by 2060. Decades prior to inundation, however, pine rocklands, 
marl prairies, and associated habitats within ENP and BCNP will undergo 
habitat transitions toward wetter, salt-tolerant plant communities, 
hydrological changes, and increasing vulnerability to storm surge. 
Although the effects of SLR within urban Miami-Dade fragments may be 
less severe, these pine rocklands will, at a minimum, experience 
partial inundations and vegetation shifts. In addition, many existing 
Miami-Dade pine rockland fragments are projected to be developed for 
housing as the human population grows and adjusts to changing sea 
levels under this scenario.

Digitaria pauciflora

    Only two of five historical Digitaria pauciflora locations are 
extant. They are located in BCNP (>10,000 plants) and

[[Page 70304]]

ENP (1,000-10,000 plants) on publicly owned conservation lands where 
habitat management (prescribed fire and nonnative plant control) is 
ongoing and includes addressing a backlog of long-unburned sites that 
could result in larger wildfires if burns are not implemented. In 
addition, although we do not have evidence of direct impacts, given the 
mapped overlap of ORV trails with Digitaria pauciflora locations, ORV 
use in BCNP has likely resulted in damage to Digitaria pauciflora 
plants and habitat. The scattered small populations that once occurred 
in Miami-Dade habitat fragments, representing the remainder of the 
species' historical range, are extirpated, and current habitat 
management does not allow for prescribed fire to be conducted on a 
consistent basis. Increasing temperatures and changes in precipitation 
patterns associated with climate change will likely cause an increase 
in wildfires and exacerbate complications related to prescribed burning 
or other management needed to restore and maintain habitat for the 
species.
    Digitaria pauciflora previously occurred within the Richmond Pine 
Rocklands, an area that retains the largest remaining contiguous 
privately and publicly owned pine rocklands in Miami-Dade County, 
outside of ENP. In terms of restoring the species' historical range, 
the Richmond Pine Rocklands would serve as one of the most important 
sites in Miami-Dade County for recovery efforts (i.e., reintroduction). 
The largest populations (ENP and BCNP) are vulnerable to hydrological 
changes related to Everglades restoration projects and SLR.
    SLR projections suggest future partial inundation and modification 
to the majority of D. pauciflora habitat by 2060. Decades prior to 
inundation, however, pine rocklands, marl prairies, and associated 
habitats within ENP and BCNP will undergo habitat transitions toward 
wetter, salt-tolerant plant communities, hydrological changes, and 
increase in vulnerability to storm surge. Although the effects of SLR 
within urban Miami-Dade fragments may be less severe, these pine 
rocklands will, at a minimum, experience partial inundations and 
vegetation shifts. In addition, many existing Miami-Dade pine rockland 
fragments are projected to be developed for housing as the human 
population grows and adjusts to changing sea levels under this 
scenario.

Chamaesyce deltoidea ssp. pinetorum

    Eleven of 20 extant populations are located on publicly owned 
conservation lands. This includes 10,000-100,000 plants at ENP and 
1,000 plants at Navy Wells pineland, where habitat management 
(prescribed fire and nonnative plant control) is ongoing, and includes 
addressing a backlog of long-unburned sites that could result in larger 
wildfires if burns are not implemented. In contrast, in the scattered 
small populations on Miami-Dade habitat fragments, representing half of 
the species' historical range, current habitat management does not 
allow for prescribed fire to be conducted on a consistent basis. 
Increasing temperatures and changes in precipitation patterns 
associated with climate change will likely cause an increase in 
wildfires and exacerbate complications related to prescribed burning or 
other management needed to restore and maintain habitat for the 
species. In the current, fragmented landscape, dispersal and genetic 
exchange for any of these smaller Miami-Dade populations is unlikely, 
because they exist in isolated habitat patches surrounded by miles of 
unsuitable habitat (agriculture and urban development). Eight privately 
owned sites in Miami supporting extant populations are vulnerable to 
development, two of which support 1,000-10,000 plants each. The largest 
population (Long Pine Key, ENP) is vulnerable to hydrological changes 
related to Everglades restoration projects and SLR.
    SLR projections suggest future inundation and modification to the 
majority of Chamaesyce deltoidea spp. pinetorum habitat by 2060. 
Decades prior to inundation, however, pine rocklands, marl prairies, 
and associated habitats within ENP and BCNP will undergo habitat 
transitions toward wetter, salt-tolerant plant communities, 
hydrological changes, and increasing vulnerability to storm surge. 
Although the effects of SLR within urban Miami-Dade fragments may be 
less severe, these pine rocklands will, at a minimum, experience 
partial inundations and vegetation shifts. In addition, many existing 
Miami-Dade pine rockland fragments are projected to be developed for 
housing as the human population grows and adjusts to changing sea 
levels under this scenario.

Dalea carthagenensis var. floridana

    Six of 9 extant populations are located on publicly owned 
conservation lands. This total includes 253 plants at BCNP (Monroe 
County), where prescribed fire and nonnative plant control efforts are 
adequate to beneficially manage habitat for native species. The two 
other largest populations occur in Miami-Dade County and consist of 347 
plants at Charles Deering Estate, and 307 plants at R. Hardy Matheson 
Preserve, where current habitat management does not allow for 
prescribed fire to be conducted on a consistent basis. Higher 
temperatures and changes in precipitation patterns associated with 
climate change will likely cause an increase in wildfires and 
exacerbate complications related to prescribed burning or other 
management needed to restore and maintain habitat for the species. In 
the current, fragmented landscape, dispersal and genetic exchange 
between Miami-Dade populations is unlikely, because they exist in 
isolated habitat patches surrounded by miles of unsuitable habitat 
(agriculture and urban development). Three privately owned sites in 
Miami supporting extant populations are vulnerable to development, two 
of which support 17 and 21 plants each. The population within BCNP is 
vulnerable to hydrological changes related to Everglades restoration 
projects and SLR.
    Numerous populations of all 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 and changes in hydrology 
(Factor E); and natural stochastic events, including hurricanes, storm 
surges, and wildfires (Factor E) are threats for the existing 
populations. Existing regulatory mechanisms have not reduced or removed 
threats impacting the four plants from the other factors (see Factor D 
discussion). These threats are ongoing, rangewide, and expected to 
continue in the future. A significant percentage of populations of the 
four plants 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 Sideroxlyon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana 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

[[Page 70305]]

which is likely to become an endangered species within the foreseeable 
future throughout all or a significant portion of its range.'' We find 
that Dalea carthagenensis var. floridana is presently in danger of 
extinction throughout its entire range due to the immediacy and 
severity of threats currently impacting the species. The risk of 
extinction is high because there are few (9) extant populations and the 
majority of the populations are small and isolated, and have limited to 
no potential for recolonization. Therefore, on the basis of the best 
available scientific and commercial information, we propose to list 
Dalea carthagenensis var. floridana as an endangered species in 
accordance with sections 3(6) and 4(a)(1) of the Act. We find that a 
threatened species status is not appropriate for this species because 
of the contracted range and small population size of Dalea 
carthagenensis var. floridana and because of the current magnitude and 
severity of the threats on the plant. Because the species is already in 
danger of extinction throughout its range, a threatened species status 
is not appropriate.
    Sideroxlyon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
and Chamaesyce deltoidea ssp. pinetorum face threats similar to Dalea 
carthagenensis var. floridana. However, we find that endangered species 
status is not appropriate for these three species. While we have 
evidence of threats under Factors A and E affecting the species, large 
populations of these three species are protected and actively managed 
at ENP and BCNP (Sideroxylon reclinatum ssp. austrofloridense, ENP 
(10,000-100,000 plants); Digitaria pauciflora, BCNP (>10,000 plants), 
and ENP (1,000-10,000 plants); and Chamaesyce deltoidea ssp. pinetorum 
ENP (10,000-100,000 plants)). Short- and medium-term threats to these 
three species in these protected areas are being addressed. On the 
other hand, SLR is projected to have profound negative effects on the 
habitat of these plants in the foreseeable future. Therefore, based on 
the best available information, we find that Sideroxlyon reclinatum 
ssp. austrofloridense, Digitaria pauciflora, and Chamaesyce deltoidea 
ssp. pinetorum are likely to become endangered species within the 
foreseeable future throughout all or a significant portion of its 
range, and we propose to list these species as threatened species in 
accordance with sections 3(20) and 4(a)(1) of the Act.
Significant Portion of the Range
    Because we have determined that we are proposing to list 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, and 
Chamaesyce deltoidea ssp. pinetorum as threatened species and Dalea 
carthagenensis var. floridana as an endangered species throughout all 
of 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 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 
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 Service 
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 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 Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana 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 these 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

[[Page 70306]]

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 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, the 
responsible Federal agency must enter into consultation with the 
Service.
    Federal agency actions within these species' habitat that may 
require conference or consultation or both as described in the 
preceding paragraph and include management and any other landscape-
altering activities on Federal lands administered by the U.S. Fish and 
Wildlife Service, National Park Service, and Department of Defense; 
issuance of section 404 Clean Water Act permits by the 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, the prohibitions outlined at 50 
CFR 17.71 include all of the provisions in 50 CFR 17.61 that apply to 
endangered plants, with one exception: seeds of cultivated specimens of 
species treated as threatened shall be exempt from all provisions of 50 
CFR 17.61, provided that a statement that the seeds are of ``cultivated 
origin'' accompanies the seeds or their container during the course of 
any activity otherwise subject to these regulations.
    Preservation of native flora of Florida (Florida Statutes 581.185) 
sections (3)(a) and (b) provide limited protection to species listed in 
the State of Florida Regulated Plant Index including Sideroxylon 
reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce 
deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana as 
described under Factor D, The Inadequacy of Existing Regulatory 
Mechanisms. Federal listing increases 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 provision provides 
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 increases 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 Sideroxylon reclinatum ssp. austrofloridense, 
Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana (e.g., hurricanes, storm surge) or even 
some of the other significant, long-term threats (e.g., climatic 
changes, SLR). However, through listing, we provide protection to the 
known populations and any new population of these plants that may be 
discovered (see discussion below). With listing, we can also influence 
Federal actions that may potentially impact this plant (see discussion 
below); this protection is especially valuable if these plants are 
found at additional locations.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered plants under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.62 and 17.72. With regard 
to endangered plants, the Service may issue a permit authorizing any 
activity otherwise prohibited by 50 CFR 17.61 and 17.72 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 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 are unlikely to result in a violation of section 9, 
if these activities are carried out in accordance with existing 
regulations and permit requirements; this list is not comprehensive:
    (1) Import any such species into, or export any such species from, 
the United States;
    (2) Remove and reduce to possession any such species from areas 
under Federal jurisdiction; maliciously damage or destroy any such 
species on any such area; or remove, cut, dig up, or damage or destroy 
any such 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 such species;
    (4) Sell or offer for sale in interstate or foreign commerce any 
such species;
    (5) Introduce any nonnative wildlife or plant species to the State 
of Florida that competes with or preys upon Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana;
    (6) Release any unauthorized biological control agents that attack 
any life stage of Sideroxylon reclinatum ssp. austrofloridense, 
Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana; or
    (7) Engage in unauthorized manipulation or modification of the 
habitat of Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea 
carthagenensis var. floridana 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 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 Sideroxylon reclinatum ssp. austrofloridense, Digitaria 
pauciflora, Chamaesyce deltoidea ssp. pinetorum,

[[Page 70307]]

and Dalea carthagenensis var. floridana 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 threatened or 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.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Service's 
South Florida Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

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 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 Sideroxylon reclinatum ssp. 
austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. 
pinetorum, and Dalea carthagenensis var. floridana.
    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 
Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, 
Chamaesyce deltoidea ssp. pinetorum, and Dalea carthagenensis var. 
floridana 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 ADDRESSES. To better help us 
revise the proposed 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 
Endangered Species Act. We published a notice outlining our reasons for 
this determination in the Federal Register on October 25, 1983 (48 FR 
49244).

Government-to-Government Relationship With Tribes

    No Native American tribes are affected by the proposed rule.

[[Page 70308]]

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov at Docket No. FWS-R4-ES-
2016-0090 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--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
 1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.

0
 2. In Sec.  17.12(h) add entries for ``Chamaesyce deltoidea ssp. 
pinetorum'', ``Dalea carthagenensis var. floridana'', ``Digitaria 
pauciflora'', and ``Sideroxylon reclinatum ssp. austrofloridense'' to 
the List of Endangered and Threatened Plants in alphabetical order 
under Flowering Plants to read as set forth below:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
        Scientific name              Common name           Where listed         Status       applicable rules
----------------------------------------------------------------------------------------------------------------
        FLOWERING PLANTS
 
                                                  * * * * * * *
Chamaesyce deltoidea ssp.        Pineland sandmat..  Wherever found.........  T           [Federal Register
 pinetorum.                                                                                citation of the final
                                                                                           rule].
 
                                                  * * * * * * *
Dalea carthagenensis var.        Florida prairie-    Wherever found.........  E           [Federal Register
 floridana.                       clover.                                                  citation of the final
                                                                                           rule].
 
                                                  * * * * * * *
Digitaria pauciflora...........  Florida pineland    Wherever found.........  T           Federal Register
                                  crabgrass.                                               citation of the final
                                                                                           rule].
 
                                                  * * * * * * *
Sideroxylon reclinatum ssp.      Everglades bully..  Wherever found.........  T           [Federal Register
 austrofloridense.                                                                         citation of the final
                                                                                           rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


     Dated: September 29, 2016.
 Stephen Guertin
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-24140 Filed 10-7-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                      70282                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      DEPARTMENT OF THE INTERIOR                                 (2) By hard copy: Submit by U.S. mail              existing regulatory mechanisms; or (E)
                                                                                                              or hand-delivery to: Public Comments                  other natural or manmade factors
                                                      Fish and Wildlife Service                               Processing, Attn: FWS–R4–ES–2016–                     affecting its continued existence. We
                                                                                                              0090; U.S. Fish and Wildlife Service                  have determined that the threats to
                                                      50 CFR Part 17                                          Headquarters, MS: BPHC, 5275 Leesburg                 Sideroxylon reclinatum ssp.
                                                      [Docket No. FWS–R4–ES–2016–                             Pike, Falls Church, VA 22041–3803.                    austrofloridense, Digitaria pauciflora,
                                                      0090;4500030113]                                           We request that you send comments                  Chamaesyce deltoidea ssp. pinetorum,
                                                                                                              only by the methods described above.                  and Dalea carthagenensis var. floridana
                                                      RIN 1018–BB48                                           We will post all comments on http://                  consist primarily of habitat loss and
                                                                                                              www.regulations.gov. This generally                   modification through urban and
                                                      Endangered and Threatened Wildlife                                                                            agricultural development, and lack of
                                                                                                              means that we will post any personal
                                                      and Plants; Proposed Threatened                                                                               adequate fire management (Factor A)
                                                                                                              information you provide us (see Public
                                                      Species Status for Sideroxylon                                                                                and proliferation of nonnative invasive
                                                                                                              Comments below for more information).
                                                      reclinatum ssp. austrofloridense                                                                              plants, stochastic events (hurricanes and
                                                      (Everglades Bully), Digitaria pauciflora                FOR FURTHER INFORMATION CONTACT:
                                                                                                              Roxanna Hinzman, Field Supervisor,                    storm surge), maintenance practices
                                                      (Florida Pineland Crabgrass), and                                                                             used on roadsides and disturbed sites,
                                                      Chamaesyce deltoidea ssp. pinetorum                     U.S. Fish and Wildlife Service, South
                                                                                                              Florida Ecological Services Office, 1339              and sea level rise (SLR) (Factor E).
                                                      (Pineland Sandmat) and Endangered                                                                                We will seek peer review. We will seek
                                                      Species Status for Dalea                                20th Street, Vero Beach, FL 32960, by
                                                                                                              telephone 772–562–3909, or by                         comments from independent specialists
                                                      carthagenensis var. floridana (Florida                                                                        to ensure that our proposed designation
                                                      Prairie-Clover)                                         facsimile 772–562–4288. Persons who
                                                                                                              use a telecommunications device for the               is based on scientifically sound data,
                                                      AGENCY:   Fish and Wildlife Service,                    deaf (TDD) may call the Federal                       assumptions, and analyses. We will
                                                      Interior.                                                                                                     invite these peer reviewers to comment
                                                                                                              Information Relay Service (FIRS) at
                                                                                                                                                                    on our listing proposal.
                                                      ACTION: Proposed rule.                                  800–877–8339.
                                                                                                              SUPPLEMENTARY INFORMATION:                            Information Requested
                                                      SUMMARY:    We, the U.S. Fish and
                                                      Wildlife Service (Service), propose                     Executive Summary                                     Public Comments
                                                      threatened species status under the                        Why we need to publish a rule. Under                 We intend that any final action
                                                      Endangered Species Act of 1973 (Act),                   the Act, if we determine that a species               resulting from this proposed rule will be
                                                      as amended, for Sideroxylon reclinatum                  is an endangered or threatened species                based on the best scientific and
                                                      ssp. austrofloridense (Everglades bully),               throughout all or a significant portion of            commercial data available and be as
                                                      Digitaria pauciflora (Florida pineland                  its range, we are required to promptly                accurate and as effective as possible.
                                                      crabgrass) and Chamaesyce deltoidea                     publish a proposal in the Federal                     Therefore, we request comments or
                                                      ssp. pinetorum (pineland sandmat), and                  Register and make a determination on                  information from the public, other
                                                      endangered species status for Dalea                     our proposal within 1 year. Listing a                 concerned governmental agencies,
                                                      carthagenensis var. floridana (Florida                  species as an endangered or threatened                Native American tribes, the scientific
                                                      prairie-clover). All four plants are from               species and designations and revisions                community, industry, or any other
                                                      south Florida. If we finalize this rule as              of critical habitat can only be completed             interested parties concerning this
                                                      proposed, it would extend the Act’s                     by issuing a rule.                                    proposed rule. We particularly seek
                                                      protections to these plants. The effect of                 What this proposed rule does. This                 comments concerning:
                                                      this regulation will be to add these                    document proposes the listing of the                    (1) The four plants’ biology, range,
                                                      species to the List of Endangered and                   Sideroxylon reclinatum ssp.                           and population trends, including:
                                                      Threatened Plants.                                                                                              (a) Biological or ecological
                                                                                                              austrofloridense, Digitaria pauciflora,
                                                      DATES: We will accept comments                                                                                requirements of these plants, including
                                                                                                              and Chamaesyce deltoidea ssp.
                                                      received or postmarked on or before                                                                           habitat requirements for establishment,
                                                                                                              pinetorum as threatened species, and
                                                      December 12, 2016. Comments                                                                                   growth, and reproduction;
                                                                                                              Dalea carthagenensis var. floridana as
                                                      submitted electronically using the                                                                              (b) Genetics and taxonomy;
                                                                                                              an endangered species. The four plants                  (c) Historical and current range
                                                      Federal eRulemaking Portal (see                         are currently candidate species for                   including distribution patterns;
                                                      ADDRESSES below) must be received by                    which we have on file sufficient                        (d) Historical and current population
                                                      11:59 p.m. Eastern Time on the closing                  information on biological vulnerability               levels, and current and projected trends;
                                                      date. We must receive requests for                      and threats to support preparation of a               and
                                                      public hearings, in writing, at the                     listing proposal, but for which                         (e) Past and ongoing conservation
                                                      address shown in FOR FURTHER                            development of a listing regulation has               measures for the plants, their habitat, or
                                                      INFORMATION CONTACT by November 25,                     until now been precluded by other                     both.
                                                      2016.                                                   higher priority listing activities. This                (2) Factors that may affect the
                                                      ADDRESSES: You may submit comments                      proposed rule reassesses all available                continued existence of these plants,
                                                      by one of the following methods:                        information regarding status of and                   which may include habitat modification
                                                         (1) Electronically: Go to the Federal                threats to the four plants.                           or destruction, overutilization, disease,
                                                      eRulemaking Portal: http://                                The basis for our action. Under the                predation, the inadequacy of existing
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      www.regulations.gov. In the Search box,                 Act, we may determine that a species is               regulatory mechanisms, or other natural
                                                      enter FWS–R4–ES–2016–0090, which is                     an endangered or threatened species                   or manmade factors.
                                                      the docket number for this rulemaking.                  based on any of five factors: (A) The                   (3) Biological, commercial trade, or
                                                      Then, in the Search panel on the left                   present or threatened destruction,                    other relevant data concerning any
                                                      side of the screen, under the Document                  modification, or curtailment of its                   threats (or lack thereof) to these plants
                                                      Type heading, click on the Proposed                     habitat or range; (B) overutilization for             and existing regulations that may be
                                                      Rules link to locate this document. You                 commercial, recreational, scientific, or              addressing those threats.
                                                      may submit a comment by clicking on                     educational purposes; (C) disease or                    (4) Current or planned activities in the
                                                      ‘‘Comment Now!’’                                        predation; (D) the inadequacy of                      areas occupied by these plants and


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                          70283

                                                      potential effects (positive or negative) of             Register (see DATES). Such requests must              published a finding for Digitaria
                                                      these activities on these plants.                       be sent to the address shown in FOR                   pauciflora, Chamaesyce deltoidea ssp.
                                                         (5) Additional information concerning                FURTHER INFORMATION CONTACT. We will                  pinetorum, and Dalea carthagenensis
                                                      the biological or ecological requirements               schedule public hearings on this                      var. floridana in the 2005 CNOR on May
                                                      of these plants, including pollination                  proposal, if any are requested, and                   11, 2005 (70 FR 24870), in response to
                                                      and pollinators.                                        announce the dates, times, and places of              a petition received on May 11, 2004.
                                                         (6) Additional information concerning                those hearings, as well as how to obtain                 All four species remained candidates
                                                      the current and projected effects of                    reasonable accommodations, in the                     from 2005 to 2015 (70 FR 24870, May
                                                      climate change, including sea level rise,               Federal Register and local newspapers                 11, 2005; 71 FR 53756, September 12,
                                                      on these plants and their habitat.                      at least 15 days before the hearing.                  2006; 73 FR 75176, December 10, 2008;
                                                         (7) Scientific information or analysis                                                                     74 FR 57804, November 9, 2009; 75 FR
                                                      informing whether these plants more                     Peer Review
                                                                                                                                                                    69222, November 10, 2010; 76 FR
                                                      closely meet the definition of an                         In accordance with our joint policy on              66370, October 26, 2011; 77 FR 69994,
                                                      endangered species or of a threatened                   peer review published in the Federal                  November 21, 2012; 78 FR 70104,
                                                      species under the Act.                                  Register on July 1, 1994 (59 FR 34270),               November 22, 2013; 79 FR 72450,
                                                         Please include sufficient information                we will seek the expert opinions of at                December 5, 2014; 80 FR 80584,
                                                      with your submission (such as scientific                least three appropriate and independent               December 24, 2015).
                                                      journal articles or other publications) to              specialists regarding this proposed rule.                On September 9, 2011, the Service
                                                      allow us to verify any scientific or                    The purpose of peer review is to ensure               entered into two settlement agreements
                                                      commercial information you include.                     that our listing determination and                    regarding species on the candidate list
                                                         Please note that submissions merely                  critical habitat designation are based on             at that time (Endangered Species Act
                                                      stating support for or opposition to the                scientifically sound data, assumptions,               Section 4 Deadline Litigation, No. 10–
                                                      action under consideration without                      and analyses. The peer reviewers will                 377 (EGS), MDL Docket No. 2165
                                                      providing supporting information,                       have expertise in the biology, habitat,               (D.D.C. May 10, 2011)). This proposed
                                                      although noted, will not be considered                  and conservation status of these plants,              listing rule fulfills the requirements of
                                                      in making a determination, as section                   to help inform our determination.                     those settlement agreements for the 4
                                                      4(b)(1)(A) of the Act directs that                                                                            plant species.
                                                                                                              Previous Federal Actions
                                                      determinations as to whether any
                                                      species is a threatened or endangered                      Digitaria pauciflora was first                     Background
                                                      species must be made ‘‘solely on the                    recognized as a candidate species on
                                                                                                                                                                       It is our intent to discuss below only
                                                      basis of the best scientific and                        September 27, 1985 (50 FR 39526). The
                                                                                                                                                                    those topics directly relevant to the
                                                      commercial data available.’’                            1990 Candidate Notice of Review
                                                                                                                                                                    listing of Sideroxylon reclinatum ssp.
                                                         You may submit your comments and                     (CNOR) published in the Federal
                                                                                                                                                                    austrofloridense, Digitaria pauciflora,
                                                      materials concerning this proposed rule                 Register on February 21, 1990 (55 FR
                                                                                                                                                                    and Chamaesyce deltoidea ssp.
                                                      by one of the methods listed in                         6184), included Digitaria pauciflora as a
                                                                                                                                                                    pinetorum as threatened species and
                                                      ADDRESSES. We request that you send                     candidate for listing under the Act. We
                                                                                                                                                                    Dalea carthagenensis var. floridana as
                                                      comments only by the methods                            determined at that time that listing was
                                                                                                                                                                    an endangered species in this proposed
                                                      described in ADDRESSES.                                 warranted, but precluded due to
                                                                                                                                                                    rule.
                                                         If you submit information via http://                workloads and competing priorities.
                                                      www.regulations.gov, your entire                           Digitaria pauciflora remained on the               Sideroxylon reclinatum ssp.
                                                      submission—including any personal                       candidate list as published in the CNOR               austrofloridense (Everglades bully)
                                                      identifying information—will be posted                  in 1993 (58 FR 51144, September 30,
                                                                                                              1993). The CNOR was not published                     Species Description
                                                      on the Web site. If your submission is
                                                      made via a hardcopy that includes                       again until October 25, 1999, and it                    Corogin and Judd (2014, pp. 410–412)
                                                      personal identifying information, you                   retained Digitaria pauciflora as a                    provide a detailed description of
                                                      may request at the top of your document                 candidate and assigned a listing priority             Sideroxylon reclinatum ssp.
                                                      that we withhold this information from                  number (LPN) of 6; the 1999 CNOR first                austrofloridense. The plant is a single-
                                                      public review. However, we cannot                       recognized Chamaesyce deltoidea ssp.                  to many-stemmed shrub, 3–6 feet (ft) (1–
                                                      guarantee that we will be able to do so.                pinetorum as a candidate and assigned                 2 meters (m)) tall. The branches are
                                                      We will post all hardcopy submissions                   an LPN of 12 and Dalea carthagenensis                 smooth, slightly bent, and somewhat
                                                      on http://www.regulations.gov.                          var. floridana as a candidate and                     spiny. The leaves are thin, oval-shaped,
                                                         Comments and materials we receive,                   assigned an LPN of 3 (64 FR 57534).                   0.8–2 inches (in) (2–5 centimeters (cm))
                                                      as well as supporting documentation we                  Candidate species are assigned LPNs                   long, evergreen, lance-shaped, and fuzzy
                                                      used in preparing this proposed rule,                   based on immediacy and magnitude of                   on their undersides. The flowers are in
                                                      will be available for public inspection                 threats, as well as taxonomic status. The             axillary cymes (Long and Lakela 1971,
                                                      on http://www.regulations.gov, or by                    lower the LPN, the higher priority that               p. 679).
                                                      appointment, during normal business                     species is for us to determine                          Sideroxylon reclinatum ssp.
                                                      hours, at the U.S. Fish and Wildlife                    appropriate action using our available                austrofloridense is distinguished from
                                                      Service, South Florida Ecological                       resources.                                            the similar subspecies S. reclinatum ssp.
                                                      Services Office (see FOR FURTHER                           Digitaria pauciflora, Chamaesyce                   reclinatum in Florida by its leaves,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      INFORMATION CONTACT).                                   deltoidea ssp. pinetorum, and Dalea                   which are persistently pubescent (fuzzy)
                                                                                                              carthagenensis var. floridana remained                on their undersides, rather than smooth
                                                      Public Hearing                                          on the candidate list from 2001 to 2004               or pubescent only along the leaf
                                                        Section 4(b)(5) of the Act provides for               (66 FR 54808, October 30, 2001; 67 FR                 midvein (Wunderlin and Hansen 2003,
                                                      one or more public hearings on this                     40657, June 13, 2002; 69 FR 24876, May                p. 603). Corogin and Judd (2014, p. 404)
                                                      proposal, if requested. Requests for                    4, 2004). Sideroxylon reclinatum ssp.                 indicated the two subspecies are most
                                                      public hearings must be received within                 austrofloridense was first recognized                 reliably distinguished by differences in
                                                      45 days after the date of publication of                May 4, 2004, and was assigned an LPN                  the micromorphology of the leaf
                                                      this proposed rule in the Federal                       of 12 (69 FR 24876, May 4, 2004). We                  epidermis, and by the extent of


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                                                      70284                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      distribution of S. r. ssp.                              monthly mean temperature above 18                     of more than 100 species of palms and
                                                      austrofloridense, which is limited to                   degrees Celsius (°C) (64.4 degrees                    hardwoods, most derived from the
                                                      extreme southern peninsular Florida.                    Fahrenheit (°F)) in every month of the                tropical flora of the West Indies (FNAI
                                                                                                              year (Gabler et al. 1994, p. 211). Freezes            2010, p. 61). Many of these species vary
                                                      Taxonomy
                                                                                                              can occur in the winter months, but are               in height depending on fire frequency,
                                                         The genus Sideroxylon is represented                 infrequent. Rainfall in the area where                getting taller with time since fire. These
                                                      by eight species in Florida. All of these               Sideroxylon reclinatum ssp.                           include saw palmetto (Serenoa repens),
                                                      species were previously assigned to the                 austrofloridense occurs varies from an                cabbage palm (Sabal palmetto), silver
                                                      genus Bumelia. Sideroxylon reclinatum,                  annual average of 153–165 cm (60–65                   palm (Coccothrinax argentata), brittle
                                                      the Florida bully, is represented by                    in) in the northern portion of the Miami              thatch palm (Thrinax morrisii), wax
                                                      three subspecies that range nearly                      Rock Ridge to an average of 140–153 cm                myrtle (Myrica cerifera), myrsine
                                                      throughout Florida and into neighboring                 (55–60 in) in the southern portion.                   (Rapanea punctata), poisonwood
                                                      States. The Everglades subspecies was                   Approximately 75 percent of yearly                    (Metopium toxiferum), locustberry
                                                      first recognized by Whetstone (1985, pp.                rainfall occurs during the wet season                 (Byrsonima lucida), varnishleaf
                                                      544–547) as Bumelia reclinata var.                      from June through September (Snyder et                (Dodonaea viscosa), tetrazygia
                                                      austrofloridense, then transferred to the               al. 1990, p. 238).                                    (Tetrazygia bicolor), rough velvetseed
                                                      genus Sideroxylon (Kartesz and Gandhi                                                                         (Guettarda scabra), marlberry (Ardisia
                                                      1990, pp. 421–427). Kartesz and Gandhi                  Habitat
                                                                                                                                                                    escallonioides), mangrove berry
                                                      (1990, pp. 421–427) made Sideroxylon                       Sideroxylon reclinatum ssp.                        (Psidium longipes), willow bustic
                                                      reclinatum ssp. austrofloridense a                      austrofloridense grows in pine rockland               (Sideroxylon salicifolium), and winged
                                                      subspecies rather than a variety;                       habitat, marl prairie habitat, and within             sumac (Rhus copallinum). Short-
                                                      however, in plant nomenclature, the                     the ecotone between both habitats (Gann               statured shrubs include running oak
                                                      ranks of variety and subspecies are                     et al. 2006, p. 12; Bradley et al. 2013,              (Quercus elliottii), white indigoberry
                                                      interchangeable. Sideroxylon reclinatum                 p. 4, Gann 2015, p. 31). These habitats               (Randia aculeata), Christmas berry
                                                      ssp. austrofloridense is used in the                    are maintained by regular fire, and are               (Crossopetalum ilicifolium), redgal
                                                      current treatment of the Florida flora                  prone, particularly marl prairie, to                  (Morinda royoc), and snowberry
                                                      (Wunderlin and Hansen 2016, p. 1).                      annual flooding for several months                    (Chiococca alba).
                                                         The Integrated Taxonomic                             during the wet season (Gann et al. 2006,                 Grasses, forbs, and ferns make up a
                                                      Information System (2016, p. 1)                         p. 13; Bradley et al. 2013, p. 4).                    diverse herbaceous layer ranging from
                                                      indicates that the taxonomic standing                   Sideroxylon reclinatum ssp.                           mostly continuous in areas with more
                                                      for Sideroxylon reclinatum ssp.                         austrofloridense also grows on the                    soil development and little exposed
                                                      austrofloridense (Whetstone) Kartesz                    sunny edges of rockland hammock                       rock to sparse where more extensive
                                                      and Gandhi is accepted. The online                      habitat (Gann 2015, p. 412), which is                 outcroppings of rock occur. Typical
                                                      Atlas of Florida Vascular Plants                        fire-resistant. Historically, fire served to          herbaceous species include bluestems
                                                      (Wunderlin and Hansen 2016, p. 1) uses                  maintain the boundary between pine                    (Andropogon spp., Schizachyrium
                                                      the name S. reclinatum ssp.                             rockland and rockland hammock by                      gracile, S. rhizomatum, and S.
                                                      austrofloridense (Whetstone), as does                   eliminating the encroachment of                       sanguineum), arrowleaf threeawn
                                                      NatureServe (2016, p. 1).                               hardwoods into pine rocklands. Absent                 (Aristida purpurascens), lopsided
                                                         Corogin and Judd (2014, p. 408)                      natural or prescribed fire, many pine                 indiangrass (Sorghastrum secundum),
                                                      indicate that Sideroxylon reclinatum                    rocklands have succeeded to rockland                  hairawn muhly (Muhlenbergia
                                                      subsp. austrofloridense is differentiated               hammock (FNAI 2010, p. 25). Canopy                    capillaris), Florida white-top sedge
                                                      from S. reclinatum subsp. reclinatum by                 cover on the interior of rockland                     (Rhynchospora floridensis), pineland
                                                      a set of distinct characters at the                     hammock is too dense to support herbs                 noseburn (Tragia saxicola), devil’s
                                                      micromorphological level.                               and smaller shrub species, such as S. r.              potato (Echites umbellata), pineland
                                                         The two taxa are also separated eco-                 ssp. austrofloridense, that require more              croton, several species of sandmats
                                                      geographically. Sideroxylon reclinatum                  sunlight.                                             (Chamaesyce spp.), partridge pea
                                                      subsp. austrofloridense is a narrow                                                                           (Chamaecrista fasciculata), coontie
                                                      endemic, restricted to pine rockland and                Pine Rockland
                                                                                                                                                                    (Zamia pumila), maidenhair pineland
                                                      marl prairie habitats in a well-defined                   Pine rockland is characterized by an                fern (Anemia adiantifolia), Bahama
                                                      area of extreme southeastern peninsular                 open canopy of South Florida slash pine               brake (Pteris bahamensis), and lacy
                                                      Florida. Conversely, Sideroxylon                        (Pinus elliottii var. densa) with a patchy            bracken (Pteridium aquilinum var.
                                                      reclinatum subsp. reclinatum is more                    understory of tropical and temperate                  caudatum) (FNAI 2010, p. 62).
                                                      wide-ranging, occurring coastally from                  shrubs and palms and a rich herbaceous                   Pine rockland occurs on relatively
                                                      southern Georgia west to Louisiana, and                 layer of mostly perennial species                     flat, moderately to well drained terrain
                                                      throughout Florida as far south as                      including numerous species endemic to                 from 2 to 7 m (6.5 to 23 ft) above sea
                                                      Broward County in the east, and Collier                 South Florida. Outcrops of weathered                  level (FNAI 2010, p. 62). The oolitic
                                                      and Monroe Counties in the west. The                    oolitic (small rounded particles or                   limestone is at or very near the surface,
                                                      only place where plants of both species                 grains) limestone, known locally as                   and there is very little soil development.
                                                      overlap is within Big Cypress National                  pinnacle rock, are common, and                        Soils are generally composed of small
                                                      Preserve (BCNP), at the western fringe of               solution holes may be present. This                   accumulations of nutrient-poor sand,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Everglades bully’s range (Corrogin and                  subtropical, pyrogenic flatland can be                marl, clayey loam, and organic debris in
                                                      Judd 2014, p. 409).                                     mesic or xeric depending on landscape                 depressions and crevices in the rock
                                                                                                              position and associated natural                       surface. Organic acids occasionally
                                                      Climate                                                 communities (Florida Natural Areas                    dissolve the surface limestone causing
                                                         The climate of south Florida where                   Inventory (FNAI) 2010, p. 61).                        collapsed depressions in the surface
                                                      Sideroxylon reclinatum ssp.                               Pine rockland has an open canopy of                 rock called solution holes (FNAI 2010,
                                                      austrofloridense occurs is classified as                South Florida slash pine, generally with              p. 62). Drainage varies according to the
                                                      tropical savanna and is characterized by                multiple age classes. The diverse, open               porosity of the limestone substrate, but
                                                      distinct wet and dry seasons and a                      shrub and subcanopy layer is composed                 is generally rapid. Consequently, most


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                          70285

                                                      sites are wet for only short periods                    Flora of North America (2007)). Other                 Current Range, Population Estimates,
                                                      following heavy rains. During the rainy                 characteristic species include southern               and Status
                                                      season, however, some sites may be                      beaksedge (Rhynchospora microcarpa),
                                                                                                                                                                      The current range of Sideroxylon
                                                      shallowly inundated by slow-flowing                     bluejoint panicum (Panicum tenerum),                  reclinatum ssp. austrofloridense is
                                                      surface water for up to 60 days each                    Gulfdune paspalum (Paspalum                           BCNP, the Long Pine Key region of
                                                      year (FNAI 2010, p. 62).                                monostachyum), rosy camphorweed                       Everglades National Park (ENP), and
                                                         Pine rockland is maintained by                       (Pluchea rosea), starrush whitetop                    pine rocklands adjacent to ENP (Hodges
                                                      regular fire, and susceptible to other                  (Rhynchospora colorata), alligator lily               and Bradley 2006, p. 42; Gann et al.
                                                      natural disturbances such as hurricanes,                (Hymenocallis palmeri), arrowfeather                  2006, p. 11; K. Bradley, pers. comm.
                                                      frost events, and sea-level rise (Ross et               threeawn (Aristida purpurascens), and                 2007; J. Possley, pers. comm. 2011a;
                                                      al. 1994, pp. 144–156). Fires historically              narrowleaf yellowtops (Flaveria                       2011b; J. Sadle, pers. comm. 2011;
                                                      burned on an interval of approximately                  linearis) (Porter, Jr. 1967, pp. 937–942;             Bradley et al. 2013, p. 4; Gann 2015, p.
                                                      every 3 to 7 years (FNAI 2010, p. 63)                   FNAI 2010, p. 107).                                   30). The species is apparently extirpated
                                                      and were typically started by lightning
                                                                                                                Marl prairie depends on a short                     from Key Largo. Hodges and Bradley
                                                      strikes during the frequent summer
                                                                                                              hydroperiod of 2 to 4 months. Longer                  (2006, p. 42) did not find Sideroxylon
                                                      thunderstorms (FNAI 2010, p. 63).
                                                                                                              hydroperiods favor the development of                 reclinatum ssp. austrofloridense in their
                                                         Presently, prescribed fire must be
                                                                                                              peat and the dominance of sawgrass;                   surveys of pine rocklands on Key Largo,
                                                      periodically introduced into pine
                                                                                                              shorter hydroperiods permit the                       Big Pine Key, Cudjoe Key, and Lower
                                                      rocklands to sustain community
                                                                                                              invasion of woody species.                            Sugarloaf Key. This area constitutes a
                                                      structure, prevent invasion by woody
                                                                                                                                                                    current range of approximately 42 mi
                                                      species, maintain high herbaceous                          Marl prairie normally dries out during             (66 km) (Gann et al. 2002, p. 526;
                                                      diversity (Loope and Dunevitz 1981, pp.                 the winter and is subject to fires at the             Corogin and Judd 2014, p. 412).
                                                      5–6; FNAI 2010, p. 63), and prevent                     end of the dry season; the most acres
                                                      succession to rockland hammock. The                                                                              The largest population occurs at Long
                                                                                                              naturally burn in May (FNAI 2010, p.                  Pine Key in ENP (Hodges and Bradley
                                                      amount of woody understory growth is
                                                                                                              108). Fires at this time (in contrast to              2006, p. 42; Gann et al. 2006, p. 11;
                                                      directly related to the length of time
                                                                                                              dormant season fires) stimulate                       Gann 2015, p. 9). The most recent
                                                      since the last fire. Herbaceous diversity
                                                                                                              flowering of the dominant grasses (Main               information indicates that the baseline
                                                      declines with time since last fire. The
                                                                                                              and Barry 2002, pp. 430–434). The                     abundance estimate at Long Pine Key
                                                      ecotone between pine rockland and
                                                      rockland hammock is abrupt when                         herbaceous species recover rapidly from               based on a log10 abundance estimate is
                                                      regular fire is present in the system.                  fire, and biomass reaches pre-fire levels             10,000–100,000 plants (Gann et al.
                                                      However when fire is removed, the                       at the end of 2 years. For the first 2 years          2006, pp. 9–11; Gann 2015, p. 29).
                                                      ecotone becomes more gradual and                        after fire, this community will burn only             Recent surveys of ENP have identified
                                                      subtle as hammock hardwoods encroach                    patchily, if at all (FNAI 2010, p. 108).              14 occurrences of Sideroxylon
                                                      into the pineland (FNAI 2010, p. 63).                   Reasons for the presence of dwarf                     reclinatum ssp. austrofloridense in Long
                                                                                                              cypress in some marl prairies and not                 Pine Key, expanding the known range in
                                                      Marl Prairie                                            others are unknown (FNAI 2010, p.                     ENP (Gann 2015, p. 30).
                                                         Marl prairie is a sparsely vegetated,                108). Wade et al. (1980, pp. 67–79)                     In Miami-Dade County, outside ENP,
                                                      grass-dominated community found on                      estimated dwarf cypress stands in marl                pine rocklands tracts are orders of
                                                      marl substrates in South Florida. Marls                 prairie burn about once a decade due to               magnitude smaller and exist in a matrix
                                                      are fine white calcareous muds formed                   low fire-carrying capacity of their sparse            of agricultural, commercial, and
                                                      from calcite precipitated by a mixture of               understory.                                           residential development. Possley and
                                                      green algae, blue green algae, and                                                                            McSweeney (2005, p. 1) observed
                                                      diatoms, known as periphyton. It is                     Historical Range                                      approximately 73 plants at Larry and
                                                      seasonally inundated (2 to 4 months) to                                                                       Penny Thompson Park, within the
                                                                                                                All known historical and current
                                                      a shallow depth averaging about 20 cm                                                                         Richmond Pine Rocklands. Possley
                                                                                                              records for Sideroxylon reclinatum ssp.
                                                      (8 in). Marl prairie is a diverse                                                                             (Fairchild Tropical Botanic Garden
                                                                                                              austrofloridense are summarized in
                                                      community, which may contain more                                                                             (FTBG), pers. comm. 2011a; 2011b)
                                                                                                              table 1. The historical range of S.                   found extant populations at Quail Roost
                                                      than 100 species. Most of the marl
                                                                                                              reclinatum ssp. austrofloridense is                   Pineland (two plants), Navy Well
                                                      prairie plant species contribute little
                                                                                                              limited to Collier, Miami-Dade, and                   Pineland Preserve (four plants), and
                                                      cover and more than 90 percent of the
                                                      cover is contributed by only two or                     Monroe Counties, Florida. In Miami-                   Sunny Palms Pinelands (two plants).
                                                      three dominant species in any given                     Dade County, the plant was known from                 The species had been observed in pine
                                                      area (FNAI 2010, p. 107). Dominants                     central and southern Miami-Dade                       rocklands at Grant Hammock, and Pine
                                                      may include one or more of the                          County along the Miami Rock Ridge,                    Ridge Sanctuary (Bradley et al. 2013, p.
                                                      following: Gulf hairawn muhly                           which extends from Long Pine Key in                   1). The species no longer occurs at the
                                                      (Muhlenbergia sericea), spreading                       the Everglades northward through urban                Nixon-Smiley Preserve.
                                                      beaksedge (Rhynchospora divergens),                     Miami to the Miami River. In Monroe                     Bradley et al. (2013, pp. 1–8)
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Florida little bluestem (Schizachyrium                  County, the plant was known from                      conducted surveys in the Gum Slough
                                                      rhizomatum), black bogrush (Schoenus                    BCNP on the mainland, and was                         region of Lostmans Pines in BCNP and
                                                      nigricans), Elliott’s lovegrass (Eragrostis             collected as far south as Key Largo, in               reported finding Sideroxylon reclinatum
                                                      elliottii), sand cordgrass (Spartina                    the Florida Keys. In Collier County, the              ssp. austrofloridense to have limited
                                                      bakeri), and a short form of sawgrass                   species has been recorded only within                 distribution within the study area.
                                                      (Cladium jamaicense) (Porter, Jr. 1967,                 BCNP. This area constitutes a historical              Seventeen plants were counted within
                                                      pp. 937–942; FNAI 2010, p. 107).                        range of approximately 42 miles (mi) (66              pine rockland plots that were associated
                                                      (Taxonomy of Schizachyrium and                          kilometers (km)) (Gann et al. 2002, p.                with marl prairie habitats (Bradley et al.
                                                      Muhlenbergia follows treatments in                      526; Corogin and Judd 2014, p. 412).                  2013, p. 4).


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                                                      70286                     Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                          TABLE 1—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF Sideroxylon Reclinatum SSP.
                                                                                                 Austrofloridense
                                                                                                                                           Most recent population esti-
                                                                  Population                               Ownership                                  mate                                           Status                                  Trend
                                                                                                                                                     (Year)

                                                      Everglades National Park ....            National Park Service .........             10,000– 100,000 (2013) .....              Extant ..................................      Increasing.
                                                      Big Cypress National Pre-                National Park Service .........             17 (2013) ............................    Extant ..................................      Insufficient data.
                                                        serve.
                                                      Larry Penny Thompson Park                Miami-Dade County ............              73 (2005) ............................    Extant ..................................      Insufficient data.
                                                      Nixon-Smiley Preserve ........           Miami-Dade County ............              0 (Unknown) .......................       Extirpated ............................
                                                      Navy Wells Pineland Pre-                 Miami-Dade County ............              4 (2011) ..............................   Extant ..................................      Insufficient data.
                                                        serve.
                                                      Sunny Palms Pineland ........            Miami-Dade County ............              2 (2011) ..............................   Extant    ..................................   Insufficient   data.
                                                      Pine Ridge Sanctuary ..........          Private .................................   Unknown .............................     Extant    ..................................   Insufficient   data.
                                                      Lucille Hammock .................        Miami-Dade County ............              11–100 (2007) ....................        Extant    ..................................   Insufficient   data.
                                                      South Dade Wetlands .........            Miami-Dade County ............              Unknown (2007) .................          Extant    ..................................   Insufficient   data.
                                                      Natural Forest Community                 Private .................................   2–10 (2007) ........................      Extant    ..................................   Insufficient   data.
                                                        #P–300.
                                                      Natural Forest Community                 Private .................................   11–100 (2007) ....................        Extant ..................................      Insufficient data.
                                                        #P–310.
                                                      Quail Roost Pineland ...........         Miami-Dade County ............              2 (2011) ..............................   Extant ..................................      Insufficient data.
                                                      Grant Hammock ..................         Unknown .............................       Unknown (Unknown) ..........              Extirpated ............................
                                                      Key Largo ............................   Unknown .............................       No estimate (1948) .............          Extirpated ............................



                                                      Biology                                                            glabrous (smooth or hairless) with age.                              of Agriculture and Consumer Services
                                                      Life History and Reproduction                                      The nodes are mostly glabrous, the                                   (FDACS) (Coile and Garland 2003, p. 19)
                                                                                                                         sheath auricles (an ear-like projection at                           indicates that its taxonomic status is
                                                         Little is known about the life history                          the base of the leaf) are 1.5 mm (0.06 in)                           accepted. We have carefully reviewed
                                                      of Sideroxylon reclinatum ssp.                                     long, and the sheaths are hairy but                                  all taxonomic data to determine that
                                                      austrofloridense, including pollination                            becoming glabrous with age. The ligule                               Digitaria pauciflora is a valid taxon. The
                                                      biology, seed production, and dispersal                            (a small bract located at the leaf-stem                              only synonym is Syntherisma pauciflora
                                                      (Gann 2015, p. 31). Reproduction is                                junction) is 1.5–2.0 mm (0.06–0.08 in)                               (Hitchcock) Hitchcock ex Small (ITIS
                                                      sexual, with new plants generated from                             long. The flowers are dull green, very                               2016, p. 1).
                                                      seeds. The species produces flowers                                small, and are borne on wispy spikes on
                                                      from April to May, and fruit ripen from                                                                                                 Climate
                                                                                                                         the ends of the leafy stems, with usually
                                                      June to July (Corogin and Judd 2014, pp.                           only a few flower clusters forming per                                 The climate of south Florida where
                                                      410–412). The plants can stand partial                             clump of grass. The lemma (a tiny bract                              Digitaria pauciflora occurs is classified
                                                      inundation with fresh water for a                                  adjacent to the flower) of upper floret                              as tropical savanna, as described above
                                                      portion of the year, but do not tolerate                           (flower) is purple. Stolons (aboveground                             for Sideroxylon reclinatum ssp.
                                                      salinity.                                                          horizontal stems) are not present, but                               austrofloridense.
                                                      Fire Ecology and Demography                                        the plant produces rhizomes                                          Habitat
                                                                                                                         (belowground horizontal stems) that
                                                         There have been no detailed studies                                                                                                     Digitaria pauciflora occurs
                                                                                                                         allow for vegetative spread (Webster and
                                                      of Sideroxylon reclinatum ssp.                                                                                                          predominantly within the seasonally
                                                                                                                         Hatch, 1990, pp. 161–162). Digitaria
                                                      austrofloridense relationship towards                                                                                                   flooded ecotone between pine rockland
                                                                                                                         pauciflora is known to reproduce                                     and marl prairie, although the species
                                                      fire; however, periodic fire is extremely                          sexually (Bradley and Gann 1999, p. 50),
                                                      important to maintaining habitat for this                                                                                               may overlap somewhat into both
                                                                                                                         with fruit production in the fall                                    habitats (Bradley and Gann 1999, p. 49;
                                                      species (Corogin and Judd 2014, p. 414).                           (Wendelberger and Maschinski 2006, p.
                                                      Therefore, historical declines have been                                                                                                Fellows et al. 2002, p. 79). Plants can
                                                                                                                         3).                                                                  withstand inundation with fresh water
                                                      partially attributed to habitat loss from
                                                      fire suppression or inadequate fire                                Taxonomy                                                             for one to several months each year
                                                      management (ENP 2014, p. 173).                                                                                                          (ENP 2014, p. 172). These habitats are
                                                                                                                            Digitaria pauciflora was first                                    maintained by regular fire, and are
                                                      Digitaria pauciflora (Florida pineland                             described in 1928 based on specimens                                 prone, particularly marl prairie, to
                                                      crabgrass)                                                         collected in 1903 (Bradley and Gann                                  annual flooding for several months
                                                                                                                         1999, p. 49). Small (1933, pp. 50–51)                                during the wet season (Gann et al. 2006,
                                                      Species Description                                                later placed it in the genus Syntherisma.                            p. 13). Pine rocklands and marl prairies
                                                        Digitaria pauciflora is a small                                  Subsequent authors (Hitchcock 1935, p.                               are described in detail above for
                                                      perennial clump-grass, appearing blue-                             561; Webster & Hatch 1990, p. 161;                                   Sideroxylon reclinatum ssp.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      green to gray with reddish-brown stems,                            Wunderlin 1998) have retained it in the                              austrofloridense.
                                                      typically 0.5–1 m (1.5–3 ft) tall (Small                           genus Digitaria (Bradley and Gann 1999,
                                                      1933, p. 51). The leaves form a subtle                             p. 49).                                                              Historical Range
                                                      zig-zag pattern as the leaf blades come                               The online Atlas of Florida Vascular                                All known historical and current
                                                      off the stem at an angle. The leaf blades                          Plants uses the name Digitaria                                       records for Digitaria pauciflora are
                                                      are 7–18 cm (2.8–7.1) in) long, 1.0–2.2                            pauciflora (Wunderlin and Hansen                                     summarized in table 2. The historical
                                                      mm (0.04–0.08 in) wide, and number 2–                              2016, p. 1), the Integrated Taxonomic                                range of D. pauciflora consists of central
                                                      8 per stem. Both the lower and upper                               System (ITIS 2016, p. 1), NatureServe                                and southern Miami-Dade County along
                                                      surface and stems are hairy but become                             (2016, p. 1), and the Florida Department                             the Miami Rock Ridge, from the


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                                                                                Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                                                                70287

                                                      southern Miami to Long Pine Key region                          found during a 2-year project to survey                               contain an estimated 500–600 plants
                                                      of ENP, a range of approximately 42 mi                          and map rare and exotic plants along                                  (Maschinski et al. 2003, p. 141). Bradley
                                                      (67.6 km) (Bradley and Gann 1999, p.                            Florida Department of Transportation                                  et al. (2013, pp. 1–8) conducted surveys
                                                      49). Specimens of D. pauciflora were                            (FDOT) right-of-ways within Miami-                                    in the Gum Slough region of Lostmans
                                                      collected early in the twentieth century                        Dade and Monroe Counties (Gordon et                                   Pines and indicated that the species is
                                                      throughout Miami-Dade County.                                   al. 2007, pp. 1, 38).                                                 widely distributed within the study
                                                         D. pauciflora was absent from                                                                                                      area. A total of 2,365 plants was counted
                                                                                                                      Current Range, Population Estimates,
                                                      collections from 1939 until 1973, when                                                                                                within pineland and sawgrass based
                                                                                                                      and Status
                                                      it was rediscoverd at Long Pine Key in                                                                                                survey plots (Bradley et al. 2013, pp. 3–
                                                      Everglades National Park (Bradley and                              The current range of Digitaria                                     4). The range-wide population estimate
                                                      Gann 1999, p. 49). D. pauciflora has                            pauciflora includes ENP and BCNP                                      for D. pauciflora is 1,000–10,000
                                                      subsequently been encountered                                   (Bradley and Gann 1999, p. 49; Gann et                                individuals at Long Pine Key (Gann
                                                      consistently within Long Pine Key                               al. 2006, p. 3; Bradley, pers. comm.                                  2015, p. 142) and >10,000 individuals
                                                      (Bradley and Gann 1999, p. 49).                                 2005a; Gann 2015, p. 142). Ongoing                                    within BCNP (K. Bradley, pers. comm.
                                                         A single Digitaria pauciflora plant                          surveys suggest the species occurs                                    2007). Large-scale stochastic events
                                                      was discovered in 1995 within marl                              throughout Long Pine Key of ENP (Gann                                 such as wildfire and flooding can
                                                      prairie habitat at the Martinez Pinelands                       et al. 2006, p. 7; 2015, p. 144; Gann                                 drastically reduce the size of D.
                                                      in the Richmond Pine Rocklands, an                              2015, p. 144) and is much wider-ranging                               pauciflora populations. For example, in
                                                      area of Miami-Dade County that retains                          than previously known in ENP. Joyce                                   the spring months of 2016, wildfires in
                                                      the largest contiguous areas of pine                            Maschinski (FTBG, pers. comm. 2007)                                   areas occupied by D. pauciflora likely
                                                      rockland habitat outside of the                                 characterized the populations within                                  reduced populations in ENP. The
                                                      Everglades. However, this plant has                             ENP as abundant.                                                      populations will likely rebound;
                                                      since disappeared (Herndon 1998, p. 88;                            In 2002, Bradley et al. (2013, p. 2)                               however, regeneration could be severely
                                                      Bradley and Gann 1999, p. 49; Gann                              discovered Digitaria pauciflora within                                hampered, based on the amount and
                                                      2015, p. 142). Three other historical                           the Lostmans Pines region of BCNP in                                  duration of flooding during the region’s
                                                      occurrences in Miami-Dade County                                Monroe County. This discovery                                         late summer storm season. While
                                                      have been documented: (1) a site                                represented the first known D.                                        Digitaria pauciflora populations remain
                                                      between Cutler and Longview Camp                                pauciflora occurrence outside Miami-                                  abundant within ENP and BCNP, these
                                                      (last observed in 1903); (2) Jenkins                            Dade County (FNAI 2007, p. 191). The                                  areas represent only half of the species’
                                                      Homestead (date unspecified); and (3)                           species is widely distributed within                                  historical range (Bradley and Gann
                                                      South Miami (last observed in 1939) (K.                         Lostmans Pines (Bradley et al. 2013, pp.                              1999, p. 25; Gann 2015, p. 167). While
                                                      Bradley, pers. comm. 2007); however,                            1–8). Subsequent surveys for the species                              D. pauciflora was known to occur
                                                      little is known regarding the status of                         within BCNP have documented up to                                     throughout Miami-Dade County, all
                                                      these populations. The species was not                          nine occurrences, some of which                                       other populations are likely extirpated.

                                                                  TABLE 2—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF Digitaria Pauciflora
                                                                                                                                                   Most recent population
                                                                   Population                                 Ownership                                                                                      Status                           Trend
                                                                                                                                                          estimate

                                                      Everglades National Park .......           National Park Service .............          1,000–10,000 (2007) ..............            Extant .....................................   Stable.
                                                      Big Cypress National Preserve              National Park Service .............          >10,000 (2007) .......................        Extant .....................................   Stable.
                                                      Martinez Pineland ...................      Miami-Dade County ................           0 (1999) ..................................   Extirpated.
                                                      Cutler and Longview Camp ....              Unknown .................................    Unknown (1903) .....................          Extirpated.
                                                      Jenkins Homestead .................        Unknown .................................    Unknown (date unspecified) ...                Extirpated.
                                                      South Miami ............................   Unknown .................................    Unknown (1939) .....................          Extirpated.



                                                      Biology                                                         Fire Ecology and Demography                                           burned populations of D. pauciflora
                                                                                                                         Digitaria pauciflora population                                    during the wet and dry season, and both
                                                      Life History and Reproduction
                                                                                                                      demographics and longevity have not                                   appear suitable to maintain populations
                                                        Little is known about the life history                        been studied (Bradley and Gann, 1999,                                 of the plant (ENP 2014, p. 226).
                                                      of Digitaria pauciflora, including                              p. 53; Fellows et al. 2002, p. 2). There                              Chamaesyce deltoidea spp. pinetorum
                                                      pollination biology, seed production,                           have been no studies of the plant’s                                   (pineland sandmat)
                                                      and dispersal. Reproduction is sexual,                          relationship to fire; however, periodic
                                                      with new plants generated from seeds                            fire is extremely important to                                        Species Description
                                                      (Bradley and Gann, 1999, p. 53). The                            maintaining habitat for this species                                     Chamaesyce deltoidea ssp. pinetorum
                                                      species produces flowers from summer                            (Bradley and Gann, 1999, p. 53; ENP                                   is an ascending to erect perennial herb.
                                                      to late fall on both new and older                              2014, p. 226). Therefore, historical                                  The stems are villous (hairy), and often
                                                                                                                      declines have been partially attributed                               reddish. The leaf blades range from
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      growth; some plants have been observed
                                                      to finish seeding as late as December                           to habitat loss from fire suppression or                              kidney-shaped or triangle-shaped and
                                                      (Fellows et al. 2002, p. 2; Gann 2015, p.                       inadequate fire management. Gann                                      elliptic to oval. The involucres (a cup-
                                                                                                                      (2015, p. 142) indicates that the species                             like structure enclosing the flowers) are
                                                      172). Plants can also spread clonally via
                                                                                                                      shows patch dynamics, colonizing new                                  1 mm long, and pubescent, and possess
                                                      rhizomes (Webster and Hatch, 1990, pp.
                                                                                                                      areas and undergoing local extinctions                                green, even-edged glands with very
                                                      161–162). The plants can stand partial
                                                                                                                      with high rates of turnover. Plants with                              narrow appendages. The fruit is a 2-mm
                                                      inundation with fresh water for a                               ‘flashy’ or ‘boom and bust’ demographic                               broad, pubescent capsule. The seeds are
                                                      portion of the year, but do not tolerate                        patterns are more susceptible to                                      1 mm long, transversely wrinkled, and
                                                      salinity.                                                       stochastic extinction events. ENP has                                 yellowish in color (Small 1933, p. 795).


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                                                      70288                     Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      C. deltoidea ssp. pinetorum is known to                            genus Euphorbia, the correct name is                                 pinetorum are summarized in table 3.
                                                      reproduce sexually (Bradley and Gann                               Euphorbia deltoidea ssp. pinetorum.                                  Chamaesyce deltoidea ssp. pinetorum
                                                      1999, p. 25). Fruit production is year-                              The online Atlas of Florida Vascular                               occurred historically only within the
                                                      round, with a peak in the fall                                     Plants uses the name Chamaesyce                                      southern portion of the Miami Rock
                                                      (Wendelberger and Maschinski 2006, p.                              deltoidea ssp. pinetorum (Small)                                     Ridge, from the Richmond Pine
                                                      2).                                                                Herndon (Wunderlin and Hansen 2016,                                  Rocklands of southern Miami to the
                                                                                                                         p. 1). NatureServe (2016, p. 1) and                                  Long Pine Key region of Everglades
                                                      Taxonomy
                                                                                                                         FDACS (Coile and Garland 2003, p. 11)                                National Park, a range of approximately
                                                         Chamaesyce deltoidea ssp. pinetorum                             indicate that C. deltoidea ssp.                                      42 mi (67.6 km) (Bradley and Gann
                                                      was first described by Small in 1905,                              pinetorum is accepted. However, the                                  1999, p. 24). C. deltoidea ssp. pinetorum
                                                      based on specimens collected in eastern                            Integrated Taxonomic System (ITIS                                    has been encountered consistently
                                                      Miami-Dade County (Small 1905, pp.                                 2016, p. 1) accepts Euphorbia deltoidea                              within Long Pine Key, as well as in
                                                      429–430). Initially, Small referred to                             ssp. pinetorum as the scientific name for                            several County-owned conservation
                                                      these specimens as C. pinetorum but                                the species (Gann 2015, p. 168). We                                  lands adjacent to the ENP (Gann 2015,
                                                      recognized that it was closely related to                          have carefully reviewed all taxonomic                                p. 167).
                                                      Chamaesyce deltoidea. Herndon (1993,                               data and have determined that C.
                                                      pp. 38–51) included C. pinetorum                                   deltoidea ssp. pinetorum is a valid                                  Current Range, Population Estimates,
                                                      within the C. deltoidea complex, which                             taxon.                                                               and Status
                                                      is composed of three other taxa, two
                                                      occurring further north on the Miami                               Climate                                                                 The current range of Chamaesyce
                                                      Rock Ridge, and one occurring on Big                                 The climate of south Florida where                                 deltoidea ssp. pinetorum is similar to
                                                      Pine Key in the lower Florida Keys                                 Chamaesyce deltoidea ssp. pinetorum                                  the historical range, although 98 percent
                                                      (Monroe County). The three taxa on the                             occurs is classified as tropical savanna,                            of the pine rocklands (the species’ only
                                                      Miami Rock Ridge have distinct, but                                as described above for Sideroxylon                                   habitat) outside of the ENP has been lost
                                                      adjacent ranges. Subsequently, Herndon                             reclinatum ssp. austrofloridense.                                    to development (Kernan and Bradley
                                                      (1993, pp. 38–51) has placed all four                                                                                                   1996, p. 2). The total population size of
                                                      taxa at the same taxonomic level,                                  Habitat                                                              Chamaesyce deltoidea ssp. pinetorum is
                                                      treating each as a distinct subspecies                                Chamaesyce deltoidea ssp. pinetorum                               estimated to be between 14,500–146,000
                                                      under Chamaesyce deltoidea (C.                                     occurs in pine rocklands (Bradley and                                individuals, with the majority of the
                                                      deltoidea ssp. pinetorum; C. deltoidea                             Gann 1999, p. 24). Pine rocklands are                                population occurring on Long Pine Key
                                                      ssp. serpyllum, C. deltoidea ssp.                                  maintained by regular fire, and are                                  (Bradley and Gann 1999, p. 25; Gann
                                                      adhaerens; C. deltoidea ssp. deltoidea).                           prone to annual flooding for several                                 2015, p. 167). However, while
                                                      Chamaesyce deltoidea ssp. deltoidea                                months during the wet season (Gann et                                Chamaesyce deltoidea ssp. pinetorum is
                                                      and C. deltoidea ssp. adhaerens occur                              al. 2006, p. 13). However, Gann (2015,                               most abundant within ENP, pine
                                                      north of known C. deltoidea ssp.                                   p. 169), indicates that C. deltoidea ssp.                            rockland fragments outside of the
                                                      pinetorum populations, while                                       pinetorum generally occurs in higher                                 Everglades represent about half the
                                                      Chamaesyce deltoidea ssp. serpyllum is                             elevation pine rocklands at Long Pine                                species’ extant range (Bradley and Gann
                                                      endemic to Big Pine Key. Wunderlin                                 Key in ENP, in areas rarely subject to                               1999, p. 25; Bradley pers. comm. 2007;
                                                      and Hansen (2016, p. 1) follow                                     flooding. Pine rockland habitat is                                   Gann 2015, p. 167). Elsewhere in
                                                      Herndon’s treatment in using C.                                    described in detail above in the Habitat                             Miami-Dade County, a 2011 survey of
                                                      deltoidea ssp. pinetorum. Some modern                              section for Sideroxylon reclinatum ssp.                              the privately owned Pine Ridge
                                                      authors place the genus Chamaesyce                                 austrofloridense.                                                    Sanctuary confirmed the plant remains
                                                      into the genus Euphorbia sensu lato                                                                                                     at this site (FNAI 2011, p. 5). A recent
                                                      (Yang and Berry 2011, pp. 1486–1503).                              Historical Range                                                     survey of Larry and Penny Thompson
                                                      Gann (2015, p. 168) indicates that if the                            All known historical and current                                   Park located no individuals (J. Possley,
                                                      pineland sandmat is placed into the                                records for Chamaesyce deltoidea ssp.                                FTBG, pers. comm. 2011c).

                                                          TABLE 3—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF CHAMAESYCE DELTOIDEA SSP.
                                                                                                                                                PINETORUM

                                                                                                                                              Most recent population
                                                                  Population                               Ownderhip                                                                                Status                                Trend
                                                                                                                                                     estimate

                                                      Everglades National Park ....            National Park Service .........             10,000–100,000 (2011) ......              Extant ..................................   Increasing.
                                                      Florida City Pineland ...........        Miami-Dade County ............              100–1,000 (2007) ...............          Extant ..................................   Increasing.
                                                      Navy Wells ...........................   Miami-Dade County ............              1,000–10,000 (2007) ..........            Extant ..................................   Insufficient data.
                                                      Navy Wells #2 .....................      Miami-Dade County ............              100–1,000 (2007) ...............          Extant ..................................   Insufficient data.
                                                      Navy Wells #39 ...................       Miami-Dade County ............              1,000–10,000 (2007) ..........            Extant ..................................   Insufficient data.
                                                      Palm Drive Pineland ............         Miami-Dade County ............              10–100 (2007) ....................        Extant ..................................   Insufficient data.
                                                      Pine Ridge Sanctuary ..........          Private .................................   10–100 (2011) ....................        Extant ..................................   Insufficient data.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Rock Pit #39 ........................    Miami-Dade County ............              11–1,000 (2007) .................         Extant ..................................   Insufficient data.
                                                      Seminole Wayside Park ......             Miami-Dade County ............              100–1,000 (2007) ...............          Extant ..................................   Insufficient data.
                                                      Fuchs Hammock Addition ...               Miami-Dade County ............              11–100 (2007) ....................        Extant ..................................   Insufficient data.
                                                      Sunny Palms Pineland ........            Miami-Dade County ............              100–1,000 (2007) ...............          Extant ..................................   Insufficient data.
                                                      Larry and Penny Thompson                 Miami-Dade County ............              0 (2011) ..............................   Extirpated ............................     Insufficient data.
                                                        Park.
                                                      John Kunkel Small Pineland               Institute for Regional Con-                 Present (2006) ....................       Extant ..................................   Insufficient data.
                                                                                                 servation.
                                                      Natural Forest Community                 Private .................................   11–100 (2007) ....................        Extant ..................................   Insufficient data.
                                                        [NFC] #P330.



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                                                                             Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                                                           70289

                                                          TABLE 3—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF CHAMAESYCE DELTOIDEA SSP.
                                                                                               PINETORUM—Continued

                                                                                                                                           Most recent population
                                                                Population                              Ownderhip                                                                           Status                                Trend
                                                                                                                                                  estimate

                                                      Natural Forest   Community            Private .................................   1,001–10,000 (2007) ..........       Extant ..................................   Insufficient data.
                                                        #P338.
                                                      Natural Forest   Community            Private .................................   11–100 (2007) ....................   Extant ..................................   Insufficient data.
                                                        #P339.
                                                      Natural Forest   Community            Private .................................   11–100 (2007) ....................   Extant ..................................   Insufficient data.
                                                        #P347.
                                                      Natural Forest   Community            Private .................................   101–1,000 (2007) ...............     Extant ..................................   Insufficient data.
                                                        #P411.
                                                      Natural Forest   Community            Private .................................   11–100 (2007) ....................   Extant ..................................   Insufficient data.
                                                        #P413.
                                                      Natural Forest   Community            Private .................................   11–100 (2007) ....................   Extant ..................................   Insufficient data.
                                                        #P416.
                                                      Natural Forest   Community            Private .................................   1,001–10,000 (2007) ..........       Extant ..................................   Insufficient data.
                                                        #P445.



                                                      Biology                                                         Fire Ecology and Demography                                     floridana, and this name was retained
                                                      Life History and Reproduction                                     There have been no studies of                                 by Small (1933, pp. 694–695). Clausen
                                                                                                                      Chamaesyce deltoidea ssp. pinetorum                             (1946a, p. 85) reviewed the taxonomy of
                                                         Little is known about the life history                                                                                       Florida and West Indian Dalea and
                                                      of Chamaesyce deltoidea ssp.                                    population demographics. However, the
                                                                                                                      species is not shade tolerant, and it                           considered them all to be the same
                                                      pinetorum. Reproduction is sexual, but                                                                                          species. Clausen (1946a, p. 85) also
                                                      little is known about the reproductive                          requires periodic low-intensity fires to
                                                                                                                      reduce competition by woody species to                          found that the name D. domingensis was
                                                      biology and ecology of the species                                                                                              a homonym of D. emphysodes, and
                                                      (Bradley and Gann 1999, p. 25; Gann                             maintain habitat for this species
                                                                                                                      (Bradley and Gann, 1999, p. 26; ENP                             published the name D. emphysodes ssp.
                                                      2015, p. 167). Herndon (1998, pp. 13–                                                                                           domingensis. Clausen (1946b, p. 572)
                                                      14) studied the life history and                                2014, p. 170). Therefore, historical
                                                                                                                                                                                      later discovered that his use of the name
                                                      population trends of C. deltoidea ssp.                          declines have been partially attributed
                                                                                                                                                                                      D. emphysodes was in error, and
                                                      pinetorum and found up to 88 percent                            to habitat loss from fire suppression or
                                                                                                                                                                                      renamed the plants D. carthagenensis
                                                      of plants survived more than 3 years,                           inadequate fire management.
                                                                                                                                                                                      ssp. domingensis. Long and Lakela
                                                      showing that it is a somewhat long-lived                        Dalea carthagenensis var. floridana                             (1971, p. 478) accepted this usage.
                                                      taxon. Herndon (1998, pp. 13–14)                                (Florida prairie-clover)                                        Barneby (1977), in a monograph of the
                                                      hypothesized that some of the plants                                                                                            genus, also found that Florida plants
                                                      that had been recorded as dead may                              Species Description
                                                                                                                                                                                      were distinct from West Indian plants,
                                                      have instead been in a cryptic phase                               Dalea carthagenensis var. floridana is                       citing differences in leaf characters,
                                                      (Gann 2015, p. 167). The extensive root                         a short-lived (less than 7 years)                               naming the Florida species D.
                                                      system of C. deltoidea ssp. pinetorum                           perennial shrub 2.6–9.8 ft (0.8–3.0 m)                          carthagenensis var. floridana.
                                                      also suggests that it is a long-lived plant                     tall with a light-brown woody stem and                          Wunderlin (1998) has followed this
                                                      (Maschinski et al. 2003, p. 179).                               non-woody, light-brown or reddish                               treatment.
                                                      Pollinators are unknown; other species                          branches. The leaves are composed of                               The Integrated Taxonomic
                                                      of Chamaesyce are completely reliant on                         9–15 oval, gland-tipped leaflets, and are                       Information System (2016, p. 1)
                                                      insects for pollination and seed                                gland-dotted on the underside. The                              indicates that the taxonomic standing
                                                      production, while others are self-                              flowers are in small loose heads at ends                        for Dalea carthagenensis var. floridana
                                                      pollinating (Maschinski et al. 2003, p.                         of hairy, glandular stalks, less than 0.4                       (Rydb.) Barneby is accepted. The online
                                                      179; Gann 2015, p. 168). Pollinators may                        in long. The flower color is white and                          Atlas of Florida Vascular Plants
                                                      include bees, flies, ants, and wasps                            maroon; each of the petals is different                         (Wunderlin and Hansen 2016, p. 1) uses
                                                      (Ehrenfeld 1979, p. 95; Gann 2015, p.                           lengths and shapes. The fruit is a small                        the name D. carthagenensis var.
                                                      168). Dispersal is unknown for                                  one-seeded pod, mostly enclosed by the                          floridana, as does NatureServe (2016, p.
                                                      Chamaesyce deltoidea ssp. pinetorum;                            hairy, gland-dotted calyx (bracts at base                       1). FDACS uses the name Dalea
                                                      however, many seed capsules in similar                          of each flower) (adapted from Long and                          carthagenensis and notes that D.
                                                      Chamaesyce species are explosively                              Lakela 1971, p. 478; Bradley and Gann                           carthagenensis var. floridana is endemic
                                                      dehiscent, a form of dispersal that flings                      1999, p. 42; Maschinski et al. 2014, p.                         (Coile and Garland 2003, p. 17). In
                                                      seeds far from the parent plant                                 44).                                                            summary, there is consensus that D.
                                                      (Maschinski et al., p. 179; Gann 2015, p.                                                                                       carthagenensis var. floridana is a
                                                      168). This species is known to flower                           Taxonomy
                                                                                                                                                                                      distinct taxon. We have carefully
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      and fruit year round (Wendelberger and                            Chapman (1886, p. 102) was the first                          reviewed the available taxonomic
                                                      Maschinski 2006, p. 2). Peaks in fruiting                       to report this taxon in Florida, calling it                     information to reach the conclusion that
                                                      for C. deltoidea ssp. pinetorum occur in                        the tropical Dalea domingensis, based                           D. carthagenensis var. floridana is a
                                                      the fall and are stimulated by fire                             on specimens collected on Key                                   valid taxon.
                                                      (Wendelberger and Maschinski 2006, p.                           Biscayne. Small (1913, p. 89) accepted
                                                      2). The plants can stand partial                                this characterization but included the                          Climate
                                                      inundation with fresh water for a                               taxon in the genus Parosela, making the                           The climate of south Florida where
                                                      portion of the year, but do not tolerate                        plant P. domingensis. Rydberg (1920, p.                         Dalea carthagenensis var. floridana
                                                      salinity.                                                       x) renamed the plant, calling it Parosela                       occurs is classified as tropical savanna


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                                                      70290                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      as described above for Sideroxylon                      within rockland hammock include                       associated with infrequent hurricanes.
                                                      reclinatum ssp. austrofloridense.                       several species of Eugenia (stoppers),                Canopy damage often occurs, which
                                                                                                              Thrinax morrisii and T. radiata (thatch               causes a change in the microclimate of
                                                      Habitat
                                                                                                              palms), Amyris elemifera (sea                         the hammock. Decreased relative
                                                        Dalea carthagenensis var. floridana                   torchwood), Ardisia escallonioides                    humidity and drier soils can leave
                                                      grows in pine rockland, rockland                        (marlberry), Psychotria nervosa (wild                 rockland hammocks more susceptible to
                                                      hammock, marl prairie, coastal berm,                    coffee), Chrysophyllum oliviforme                     fire. Rockland hammock can transition
                                                      and in the ecotones between these                       (satinleaf), Sabal palmetto (cabbage                  into glades marsh, mangrove swamp,
                                                      habitats (Bradley and Gann 1999, p. 43).                palm), Guaiacum sanctum (lignum-                      salt marsh, coastal rock barren, pine
                                                      The species may also occur along                        vitae), Ximenia americana (tallow                     rockland, maritime hammock, or marl
                                                      roadsides within these habitats (Gann et                wood), Colubrina elliptica                            prairie (FNAI 2010, p. 26).
                                                      al. 2006, p. 10). Pine rockland and marl                (soldierwood), Pithecellobium unguis-                    The sparsely vegetated edges or
                                                      prairie habitat are described in detail                 cati (cat claw blackbead) and                         interior portions laid open by canopy
                                                      above in the Habitat section for                        Pithecellobium keyense (Florida keys                  disruption are the areas of rockland
                                                      Sideroxylon reclinatum ssp.                             blackbead), Coccoloba uvifera (sea                    hammock that have light levels
                                                      austrofloridense.                                       grape), and Colubrina arborescens                     sufficient to support Dalea
                                                      Roadsides                                               (greenheart). Vines can be common and                 carthagenensis var. floridana. However,
                                                                                                              include Toxicodendron radicans                        the dynamic nature of the habitat means
                                                         Roadsides are a potentially important                (eastern poison ivy), Smilax auriculata               that areas not currently open may
                                                      habitat for Dalea carthagenensis var.                   (earleaf greenbrier), Smilax havanensis               become open in the future as a result of
                                                      floridana (Bradley and Gann 1999, p.                    (Everglades greenbrier), Parthenocissus               canopy disruption from hurricanes,
                                                      43). Where endemics such as D.                          quinquefolia (Virginia creeper),                      while areas currently open may develop
                                                      carthagenensis var. floridana are found                 Hippocratea volubilis (medicine vine),                more dense canopy over time,
                                                      on shoulders, the ground cover is                       and Morinda royoc (redgal). The                       eventually rendering that portion of the
                                                      dominated mostly by native herbs and                    typically sparse, short shrub layer may               hammock unsuitable for Dalea
                                                      grasses where exotic lawn grasses have                  include Zamia pumila (coontie) and                    carthagenensis var. floridana.
                                                      not been planted. Maintaining the                       Acanthocereus tetragonus (triangle
                                                      roadsides in this condition through                                                                           Coastal Berm
                                                                                                              cactus). Herbaceous species are
                                                      regular mowing, without planting sod,                   occasionally present and generally                       Coastal berms are landscape features
                                                      should continue to provide suitable                     sparse in coverage. Characteristic                    found along low-energy coastlines in
                                                      habitat for Dalea carthagenensis var.                   species include Lasiacis divaricata                   south Florida and the Florida Keys.
                                                      floridana (Bradley 2006, p. 37).                        (smallcane), Oplismenus hirtellus                     Coastal berm is a short forest or shrub
                                                      Rockland Hammock                                        (basketgrass), and many species of ferns              thicket found on long, narrow, storm-
                                                                                                              (FNAI 2010, p. 24).                                   deposited ridges of loose sediment
                                                         Rockland hammock is a species-rich                      Rockland hammock occurs on a thin                  formed by a mixture of coarse shell
                                                      tropical hardwood forest on upland sites                layer of highly organic soil covering                 fragments, pieces of coralline algae, and
                                                      in areas where limestone is very near                   limestone on high ground that does not                other coastal debris. These ridges
                                                      the surface and often exposed. The                      regularly flood, but it is often dependent            parallel the shore and may be found on
                                                      forest floor is largely covered by leaf                 upon a high water table to keep                       the seaward edge or landward edge of
                                                      litter with varying amounts of exposed                  humidity levels high. Rockland                        the mangroves or farther inland
                                                      limestone and has few herbaceous                        hammocks are frequently located near                  depending on the height of the storm
                                                      species. Rockland hammocks typically                    wetlands; in the Everglades they can                  surge that formed them. They range in
                                                      have larger, more mature trees in the                   occur on organic matter that                          height from 0.30 to 3.05 m (1 to 10 ft).
                                                      interior, while the margins can be                      accumulates on top of the underlying                  Structure and composition of the
                                                      almost impenetrable in places with                      limestone (FNAI 2010, p. 25).                         vegetation is variable depending on
                                                      dense growth of smaller shrubs, trees,                     Rockland hammock is susceptible to                 height and time since the last storm
                                                      and vines. Typical canopy and                           fire, frost, canopy disruption, and                   event. The most stable berms may share
                                                      subcanopy species include Bursera                       ground water reduction. Rockland                      some tree species with rockland
                                                      simaruba, Lysiloma latisiliquum (false                  hammock can be the advanced                           hammocks, but generally have a greater
                                                      tamarind), Coccoloba diversifolia                       successional stage of pine rockland,                  proportion of shrubs and herbs. Tree
                                                      (pigeon plum), Sideroxylon                              especially in cases where rockland                    species may include Bursera simaruba
                                                      foetidissimum (false mastic), Ficus                     hammock is adjacent to pine rockland.                 (gumbo limbo), Coccoloba uvifera
                                                      aurea (strangler fig), Piscidia piscipula               In such cases, when fire is excluded                  (seagrape), Coccothrinax argentata
                                                      (Jamaican dogwood), Ocotea coriacea                     from pine rockland for 15 to 25 years,                (silver palm), Guapira discolor (blolly),
                                                      (lancewood), Drypetes diversifolia,                     it can succeed to rockland hammock                    Drypetes diversifolia (milkbark), Genipa
                                                      Simarouba glauca (paradisetree),                        vegetation. Historically, rockland                    clusiifolia (seven year apple), and
                                                      Sideroxylon salicifolium (willow                        hammocks in south Florida evolved                     Metopium toxiferum (poisonwood).
                                                      bustic), Krugiodendron ferreum (black                   with fire in the landscape. Fire most                 Characteristic tall shrub and short tree
                                                      ironwood), Exothea paniculata                           often extinguished near the edges when                species include Eugenia foetida
                                                      (inkwood), Metopium toxiferum, and                      it encountered the hammock’s moist                    (Spanish stopper), Ximenia americana
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Swietenia mahagoni (West Indies                         microclimate and litter layer. However,               (hog plum), Randia aculeata (white
                                                      mahogany). Mature hammocks may be                       rockland hammocks are susceptible to                  indigoberry), Pithecellobium keyense
                                                      open beneath a tall, well-defined                       damage from fire during extreme                       (Florida Keys blackbead), and
                                                      canopy and subcanopy. More                              drought or when the water table is                    Sideroxylon celastrinum (saffron plum).
                                                      commonly, in less mature or disturbed                   lowered. In these cases, fire can cause               Short shrubs and herbs include
                                                      hammocks, dense woody vegetation of                     tree mortality and consume the organic                Hymenocallis latifolia (perfumed
                                                      varying heights from canopy to short                    soil layer (FNAI 2010, p. 25).                        spiderlily), Capparis flexuosa (bayleaf
                                                      shrubs is often present. Species that                      Rockland hammocks are also sensitive               capertree), Lantana involucrata
                                                      generally make up the shrub layers                      to the strong winds and storm surge                   (buttonsage), and Rivina humilis


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                                                                             Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                                                            70291

                                                      (rougeplant). More seaward berms or                      39). Gann et al. (2002, pp. 408–411)                                    between 50 and 80 individuals, with the
                                                      those more recently affected by storm                    accounted for essentially every                                         number of seedlings ranging from 3 to
                                                      deposition may support a suite of plants                 herbarium specimen and reliable                                         54. However, beginning in 2008,
                                                      similar to beaches, including shoreline                  sighting. Gann (2015, pp. 25–26) did not                                Maschinski et al. (2014, p. 33) have
                                                      Sesuvium portulacastrum (sea                             find D. carthagenensis var. floridana in                                documented pulses in seedling
                                                      purslane), Distichlis spicata (saltgrass),               ENP, and it is presumed to be extirpated                                establishment. In 2010, the total
                                                      and Sporobolus virginicus (seashore                      at this location. One of the previous                                   population size (seedlings and woody
                                                      dropseed), or scattered to dense shrub                   records at ENP was originally                                           plants) was 356 individuals. The
                                                      thickets with Conocarpus erectus                         misidentified and has recently been                                     majority of these were seedlings and
                                                      (buttonwood), stunted Avicennia                          confirmed as a specimen of                                              basal re-sprouts from a fire that affected
                                                      germinans (black mangrove),                              Aeschynomene pratensis (J. Sadle, NPS,                                  approximately one-third of the
                                                      Rhizophora mangle (red mangrove),                        pers. comm. 2014). The other ENP                                        population (Maschinski et al. 2010, p.
                                                      Laguncularia racemosa (white                             herbarium specimen was correctly                                        24). A 2014 survey found 347 plants,
                                                      mangrove), Suriana maritima (bay                         identified, but the plant is currently                                  suggesting the population remains
                                                      cedar), Manilkara jaimiqui (wild dilly),                 considered to be extirpated from the                                    stable (Maschinski et al. 2015, p. 30).
                                                      Jacquinia keyensis (joewood), and                        historical location (J. Sadle, NPS, pers.
                                                                                                               comm. 2014).                                                               The population at R. Hardy Matheson
                                                      Borrichia frutescens (bushy seaside
                                                                                                                                                                                       Preserve had declined from 31 plants in
                                                      oxeye) (Florida Natural Areas Inventory                  Current Range, Population Estimates,                                    2004 to just 1 woody plant and 3
                                                      (FNAI) 2010a, p. 1).                                     and Status                                                              seedlings in 2008. However, the
                                                         Coastal berms are deposited by storm                                                                                          population increased to 330 and 200
                                                                                                                  The current range of Dalea
                                                      waves along low-energy coasts. Their                                                                                             seedlings in 2009 and 2010,
                                                                                                               carthagenensis var. floridana includes
                                                      distance inland depends on the height                                                                                            respectively. The most recent surveys
                                                                                                               BCNP (Monroe and Collier Counties),
                                                      of the storm surge. Tall berms may be                                                                                            indicated stable populations of 98 and
                                                                                                               three Miami-Dade County conservation
                                                      the product of repeated storm                                                                                                    307 individuals, in 2014 and 2015,
                                                                                                               areas, and three unprotected lands
                                                      deposition. Coastal berms that are                                                                                               respectively (Maschinski et al. 2010, p.
                                                                                                               within the Cutler Bay region of Miami-
                                                      deposited far enough inland and remain                   Dade County (Maschinski et al. 2014, p.                                 30; 2014, p. 34).
                                                      long-undisturbed may in time succeed                     39)
                                                      to hammock. This is a structurally                                                                                                  In 2003, Dalea carthagenensis var.
                                                                                                                  In 1999, Dalea carthagenensis var.                                   floridana was discovered within coastal
                                                      variable community that may appear in                    floridana was rediscovered within
                                                      various stages of succession following                                                                                           uplands at Crandon Park for the first
                                                                                                               BCNP (Bradley and Gann 1999, p. 42).                                    time since 1966 (Maschinski et al. 2010,
                                                      storm disturbance, from scattered                        Maschinski et al. (2014, p. 31)
                                                      herbaceous beach-colonizing plants to a                                                                                          p. 28). The population at Crandon Park
                                                                                                               subsequently surveyed the four extant
                                                      dense stand of tall shrubs (FNAI 2010a,                                                                                          appears to be stable; however, it is
                                                                                                               populations on BCNP, finding them at
                                                      p. 2).                                                                                                                           highly localized to a small area of
                                                                                                               two locations. An area north of Oasis
                                                                                                                                                                                       approximately 145 m2 (Possley and
                                                      Historical Range                                         Visitor Center contained 236 plants (of
                                                                                                               various ages) and represents the largest                                Maschinski 2009, p. 10). During 2007,
                                                         All known historical and current                      extant population within BCNP. The                                      FTBG initiated a demographic study of
                                                      records for Dalea carthagenensis var.                    second extant population was in the                                     the species. Sampling plots found 200
                                                      floridana are summarized in table 4.                     Pinecrest region (along Loop Road) of                                   plants of various sizes, resulting in a
                                                      The historical range of D.                               BCNP, an historic location within the                                   population estimate of 966 plants at the
                                                      carthagenensis var. floridana includes                   Park; however, only 17 plants were                                      site (J. Maschinski, pers. comm. 2007;
                                                      Miami-Dade, Monroe, Collier, and Palm                    encountered. The species was not found                                  Possley and Maschinski 2009, p. 10).
                                                      Beach Counties (Gann et al. 2015, pp.                    at 11-Mile Road, or at a second location                                Subsequent surveys have shown the
                                                      25–26). There have been no reports of                    along Loop Road during the surveys.                                     population to vary considerably,
                                                      this plant from Palm Beach County                           Maschinski et al. (2014, pp. 31–34)                                  possibly due to a short lifespan or plant
                                                      since 1918 (Bradley and Gann 1999, p.                    have extensively surveyed extant Dalea                                  dormancy (Possley and Maschinski
                                                      42). In Miami-Dade County, the species                   carthagenensis var. floridana                                           2009, p. 10). Surveys at Crandon Park
                                                      has been extirpated from a number of                     populations at Charles Deering Estate, R.                               identified 288 and 168 individuals, in
                                                      historical locations, including Castellow                Hardy Matheson Preserve, and Crandon                                    2014 and 2015, respectively
                                                      Hammock, ENP, the Coral Gables area,                     Park within Miami-Dade County over                                      (Maschinski et al. 2015, p. 32).
                                                      pinelands south of the Miami River, and                  the past decade.                                                        Additional known populations within
                                                      Cox Hammock (Bradley and Gann 1999,                         During 2003 to 2007, the population                                  Miami-Dade County are summarized in
                                                      pp. 42–43; Maschinski et al. 2014, p.                    at Charles Deering Estate ranged from                                   table 4.

                                                          TABLE 4—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF DALEA CARTHAGENENSIS VAR.
                                                                                                                                     FLORIDANA

                                                                                                                                  Most recent population
                                                                Population                           Ownership                                                                               Status                                 Trend
                                                                                                                                         estimate
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Everglades National Park ....         National Park Service .........   .............................................   Extirpated (1964).
                                                      Big Cypress National Pre-             National Park Service .........   236 (2013) ..........................           Extant ..................................   Insufficient data.
                                                        serve, North of Oasis Vis-
                                                        itor Center.
                                                      Big Cypress National Pre-             National Park Service .........   0 (2013) ..............................         Extirpated (2014) ................          Insufficient data.
                                                        serve, 11-Mile Road.
                                                      Big Cypress National Pre-             National Park Service .........   17 (2013) ............................          Extant ..................................   Insufficient data.
                                                        serve, Pinecrest.
                                                      Charles Deering Estate .......        Miami-Dade County ............    347 (2014) ..........................           Extant ..................................   Stable.



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                                                      70292                      Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                          TABLE 4—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF DALEA CARTHAGENENSIS VAR.
                                                                                               FLORIDANA—Continued

                                                                                                                                               Most recent population
                                                                  Population                                Ownership                                                                                      Status                                Trend
                                                                                                                                                      estimate

                                                      Virginia Key (reintroduction)             City of Miami .......................       4 (2010) ..............................         Extant ..................................   Insufficient data.
                                                      R. Hardy Matheson Pre-                    Miami-Dade County ............              307 (2015) ..........................           Extant ..................................   Stable.
                                                        serve.
                                                      Crandon Park ......................       Miami-Dade County ............              168 (2015) ..........................           Extant ..................................   Stable.
                                                      Strawberry Fields Hammock                 Private .................................   17 (2014) ............................          Extant ..................................   Insufficient data.
                                                        (next to Natural Forest
                                                        Community).
                                                      HRS, Inc. .............................   Private .................................   21 (2014) ............................          Extant ..................................   Insufficient data.
                                                      Florida Power and Light                   Florida Power and Light .....               2–10 (2007) ........................            Extant ..................................   Insufficient data.
                                                        property.
                                                      Coral Gables area ...............         Private .................................   .............................................   Extirpated (1967).
                                                      Cox Hammock .....................         Private .................................   .............................................   Extirpated (1930).
                                                      Castellow Hammock Pre-                    Miami-Dade County ............              .............................................   Extirpated (1975).
                                                        serve.
                                                      Pineland South of Miami                   Unknown .............................       Unknown .............................           Unknown.
                                                        River.
                                                      Palm Beach County .............           Private .................................   .............................................   Extirpated (1918).



                                                      Biology                                                             recruitment and good seedling survival;                                    by development (i.e., conversion to both
                                                      Life History and Reproduction                                       however, if high rainfall followed cold                                    urban and agricultural land uses) and
                                                                                                                          winter temperatures, as was noted for                                      inadequate fire management. Each of
                                                         Dalea carthagenensis var. floridana                              winter 2010, seedling mortality was                                        these threats and its specific effects on
                                                      appears to be a short-lived (less than 7                            high (Maschinski et al. 2014, p. 41).                                      these plants are discussed in detail
                                                      years) perennial with a persistent seed                                                                                                        below.
                                                      bank (Maschinski et al. 2014, p. 45). The                           Fire Ecology and Demography
                                                      species produces flowers from October                                                                                                          Human Population Growth,
                                                                                                                             There have been no studies of Dalea
                                                      to March, and fruit ripen from                                                                                                                 Development, and Agricultural
                                                                                                                          carthagenensis var. floridana
                                                      November to April. The seed maturation                                                                                                         Conversion
                                                                                                                          relationship to fire; however, periodic
                                                      period is January to May, with a peak                               fire is extremely important to                                               The modification and destruction of
                                                      in February and March. Larger plants                                maintaining habitat for this species                                       the habitats that support Sideroxylon
                                                      can produce more than 500 seeds.                                    (Maschinski et al. 2014, p. 47).                                           reclinatum ssp. austrofloridense,
                                                      Seedling recruitment varies widely from                             Therefore, historical declines have been                                   Digitaria pauciflora, Chamaesyce
                                                      year to year, with lower recruitment in                             partially attributed to habitat loss from                                  deltoidea ssp. pinetorum, and Dalea
                                                      drier years. Seedlings and juveniles                                fire suppression or inadequate fire                                        carthagenensis var. floridana has been
                                                      experience rapid growth in their first 2                            management.                                                                extreme in most areas of Miami-Dade
                                                      years (Maschinski et al. 2014, p. 45).                                                                                                         and Monroe Counties, thereby reducing
                                                      The plants can stand partial inundation                             Summary of Biological Status and                                           the plants’ current range and abundance
                                                      with fresh water for a portion of the                               Threats                                                                    in Florida. The pine rockland
                                                      year, but do not tolerate salinity.                                   The Act directs us to determine                                          community of south Florida, in which
                                                         Maschinski et al. (2014, p. 41) used                             whether any species is an endangered                                       these species primarily occur, is
                                                      ongoing survey data from the Crandon                                species or a threatened species because                                    critically imperiled locally and globally
                                                      Park population to conduct a                                        of any factors affecting its continued                                     (FNAI 2010, p. 62). Destruction of pine
                                                      preliminary population viability                                    existence. In this section, we summarize                                   rocklands and rockland hammocks has
                                                      analysis (PVA). The population at                                   the biological condition of each of the                                    occurred since the beginning of the
                                                      Crandon Park declined by 33 percent                                 plant species and its resources, and the                                   1900s. Extensive land-clearing for
                                                      from 2007 to 2009. High seedling                                    influences on such, to assess the                                          human population growth,
                                                      recruitment increased numbers in 2010,                              species’ overall viability and the risks to                                development, and agriculture in Miami-
                                                      which stabilized the population until                               that viability.                                                            Dade and Monroe Counties has altered,
                                                      2014, when a pulse of high recruitment                                                                                                         degraded, or destroyed thousands of
                                                                                                                          Factor A. The Present or Threatened
                                                      occurred. The demographic study                                                                                                                acres of these once-abundant
                                                                                                                          Destruction, Modification, or
                                                      indicated that 3 years had declining                                                                                                           ecosystems.
                                                                                                                          Curtailment of Its Habitat or Range
                                                      population growth and 4 years were                                                                                                               In Miami-Dade County, development
                                                      stable or increasing, a cyclic pattern                                 Sideroxylon reclinatum ssp.                                             and agriculture have reduced pine
                                                      characteristic of short-lived species. The                          austrofloridense, Digitaria pauciflora,                                    rockland habitat by 90 percent in
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      PVA indicated that the external cues                                Chamaesyce deltoidea ssp. pinetorum,                                       mainland south Florida. Pine rockland
                                                      (temperature and soil moisture) required                            and Dalea carthagenensis var. floridana                                    habitat in Miami-Dade County,
                                                      to break dormancy positively influenced                             have experienced substantial                                               including ENP, was reduced to about 11
                                                      Dalea carthagenensis var. floridana                                 destruction, modification, and                                             percent of its natural extent, from
                                                      population dynamics. However, if                                    curtailment of their habitat and range                                     approximately 74,000 ha (183,000 ac) in
                                                      coupled with seedling mortality, serious                            (see Background, above). Specific                                          the early 1900s, to only 8,140 ha (20,100
                                                      population decline resulted. Low winter                             threats to these plants included in this                                   ac) in 1996 (Kernan and Bradley 1996,
                                                      temperature coupled with average                                    factor include habitat loss,                                               p. 2). The largest remaining intact pine
                                                      rainfall resulted in high seedling                                  fragmentation, and modification caused                                     rockland (approximately 2,313 ha (5,716


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                           70293

                                                      ac)) is Long Pine Key in ENP. Outside                   pine rocklands outside of ENP within                  Miami River, and Cox Hammock
                                                      of ENP, only about 1 percent of the pine                Miami-Dade County, most of which are                  (Bradley and Gann 1999, pp. 42–43;
                                                      rocklands on the Miami Rock Ridge                       impacted be some degree by                            Maschinski et al. 2014, p. 39). In
                                                      have escaped clearing, and much of                      development. Two privately owned                      addition, there have been no reports of
                                                      what is left are small remnants scattered               sites in Miami-Dade County supporting                 this species from Palm Beach County
                                                      throughout the Miami metropolitan                       Sideroxylon reclinatum ssp.                           since 1918, and this area is now densely
                                                      area, isolated from other natural areas                 austrofloridense are vulnerable to                    developed (Bradley and Gann 1999, p.
                                                      (Herndon 1998, p. 1). Habitat loss                      habitat loss from development. Eight                  42). Six populations occur on public
                                                      continues to occur in these plants’                     sites that support the species are public             lands and are protected from
                                                      range, and most remaining suitable                      land, which provides for some                         development. Three extant populations
                                                      habitat has been negatively altered                     management and protection. However,                   occur on private land and are vulnerable
                                                      through human activity (illegal clearing,               one population on public land, the                    to habitat loss from development.
                                                      dumping), preclusion of fire, and                       county-owned Nixon-Smiley Preserve,                      Currently, there are plans to develop
                                                      introduction of nonnative species.                      is extirpated due to inadequate                       55 ha (137 ac) of the largest remaining
                                                         Significant remaining pine rockland                  management.                                           parcel of pine rockland habitat in
                                                      habitat occurs on private lands and                        Both extant populations of Digitaria               Miami-Dade County, the Richmond Pine
                                                      publicly owned lands that are not                       pauciflora are located at ENP and BCNP,               Rocklands, with a shopping center and
                                                      dedicated to or managed for                             which are public lands managed for                    residential construction (Ram 2014, p.
                                                      conservation. Species occurrences and                   conservation. However, D. pauciflora is               2). Bradley and Gann (1999, p. 4) called
                                                      suitable habitat remaining on these                     extirpated from four sites outside ENP                the 345-ha (853-ac) Richmond Pine
                                                      lands are threatened by habitat loss and                and BCNP, which comprise half of the                  Rocklands, ‘‘the largest and most
                                                      degradation, and threats are expected to                species’ historical range (Bradley and                important area of pine rockland in
                                                      accelerate with increased development.                  Gann 1999, p. 25; Gann 2015, p. 167).                 Miami-Dade County outside of
                                                      The human population within Miami-                      Outside the protected lands of ENP and                Everglades National Park.’’ Although
                                                      Dade County is currently greater than                   BCNP, Digitaria pauciflora occurred                   both Digitaria pauciflora and
                                                      2.4 million people, and the population                  throughout Miami-Dade County,                         Chamaesyce deltoidea ssp. pinetorum
                                                      is expected to grow to more than 4                      including as recently as 1995 within the              have been extirpated from Richmond
                                                      million by 2060, an annual increase of                  pine rockland and marl prairie habitats               Pine Rocklands, populations of
                                                      roughly 30,000 people (Zwick and Carr                   of the Martinez Pineland. Martinez                    Sideroxylon reclinatum ssp.
                                                      2006, p. 20). Some of the known                         Pineland is adjacent to several other                 Austrofloridense, along with numerous
                                                      populations of Sideroxylon reclinatum                   remnant pine rocklands that form the                  other federally listed species, still occur
                                                      ssp. austrofloridense, Digitaria                        largest contiguous area of pine rockland              there.
                                                      pauciflora, Chamaesyce deltoidea ssp.                   habitat in Miami-Dade County.                            The Miami-Dade County Department
                                                      pinetorum, and Dalea carthagenensis                     However, D. pauciflora has since                      of Environmental Resources
                                                      var. floridana occur on public                          disappeared (Herndon 1998, p. 88;                     Management has completed a
                                                      conservation lands. Miami-Dade County                   Bradley and Gann 1999, p. 49) from                    management plan for portions of the
                                                      has developed a network of publicly                     Martinez Pineland, and plans are being                Richmond Pine Rocklands under a grant
                                                      owned conservation lands within                         reviewed for development of private                   from the Service and is leading the
                                                      Miami-Dade County, but prescribed fire                  portions (see discussion of Richmond                  restoration and management of the
                                                      is lacking at many of these sites. ENP                  Pine Rocklands, below). Gordon et al.                 Richmond Pine Rocklands (Bradley and
                                                      and BCNP actively manage their                          (2007, pp. 1, 38) did not document other              Gann 1999, p. 4). The developer has
                                                      respective pine rockland habitat with                   extant D. pauciflora populations during               proposed to enter into a Habitat
                                                      prescribed fire (tables 1–4). However,                  surveys to map rare and exotic plants                 Conservation Plan in conjunction with
                                                      any extant populations of these plants                  along FDOT right-of-ways within                       their plans to develop their portion of
                                                      or suitable habitat that may occur on                   Miami-Dade and Monroe Counties.                       the site and was required by Miami-
                                                      non-conservation public or private land,                Three other historical occurrences in                 Dade County Natural Forest Community
                                                      such as within the Richmond Pine                        Miami-Dade County had been                            (NFC) regulations to set aside and
                                                      Rocklands, are vulnerable to habitat loss               documented; however, no population                    manage 17 ha (43 ac) of pine rockland
                                                      directly from development or indirectly                 estimates were made prior to these areas              and associated habitats. A second
                                                      by lack of management.                                  being destroyed by habitat loss.                      project that would result in the loss of
                                                         The marl prairie habitat that also                      Eight populations of Chamaesyce                    pine rockland habitat has been proposed
                                                      supports Sideroxylon reclinatum ssp.                    deltoidea ssp. pinetorum located on                   for the Richmond Pine Rocklands. It
                                                      austrofloridense, Digitaria pauciflora,                 private land are vulnerable to habitat                includes expanding the Miami Zoo
                                                      Chamaesyce deltoidea ssp. pinetorum,                    loss due to development. Ten extant                   complex to develop an amusement park
                                                      and Dalea carthagenensis var. floridana                 populations occur on public land and                  and commercial entities. These
                                                      has similarly been destroyed by the                     are largely protected from development.               development projects will result in the
                                                      rapid development of Miami-Dade and                     A historical population of Chamaesyce                 loss of pine rockland habitat that
                                                      Monroe Counties. At least some of the                   deltoidea ssp. pinetorum within Larry                 maintains a population of Sideroxylon
                                                      occurrences reported from this habitat                  and Penny Thompson Park (also part of                 reclinatum ssp. austrofloridense as well
                                                      may be the result of colonization that                  the Richmond Pine Rocklands) has been                 as several federally listed species, and
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      occurred after the habitat was artificially             extirpated due to lack of prescribed fire             may preclude future recovery options
                                                      dried-out due to local or regional                      (J. Possley, FTBG, pers. comm. 2011).                 for the four plants (such as
                                                      drainage. Marl prairie on non-                             Dalea carthagenensis var. floridana                compromising the land managers ability
                                                      conservation public or private land                     has been extirpated from a number of                  to burn within Richmond Pine
                                                      remains vulnerable to development,                      historical locations within Miami-Dade                Rocklands).
                                                      which could lead to the loss of                         County, including ENP for unknown
                                                      populations of the species.                             reasons, and by development at                        Habitat Fragmentation
                                                         Sideroxylon reclinatum ssp.                          Castellow Hammock, in the Coral                        The remaining pine rocklands in the
                                                      austrofloridense occurs in numerous                     Gables area, the pinelands south of the               Miami metropolitan area are severely


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                                                      70294                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      fragmented and isolated from each                       behavior (Rathcke and Jules 1993, pp.                 marked decrease in the number of
                                                      other. Habitat fragmentation reduces the                273–275; Kremen and Ricketts 2000, p.                 herbaceous species due to the effects of
                                                      size of plant populations, and increases                1227; Harris and Johnson 2004, pp. 30–                shading and litter accumulation (FNAI
                                                      spatial isolation of remnants. Barrios et               33). As a result, plants in fragmented                2010, p. 63). Exclusion of fire for
                                                      al. (2011, p. 1062) investigated the                    habitats may experience lower visitation              approximately 25 years will likely result
                                                      effects of fragmentation on a threatened                rates, which in turn may result in                    in gradual hammock development over
                                                      pine rockland plant, Angadenia berteroi                 reduced seed production of the                        that time period, leaving a system that
                                                      (pineland golden trumpet), and found                    pollinated plant (which may lead to                   is very fire resistant if additional pre-fire
                                                      that abundance and fragment size were                   reduced seedling recruitment), reduced                management (e.g., mechanical
                                                      positively related. Possley et al. (2008,               pollen dispersal, increased inbreeding,               hardwood removal) is not undertaken.
                                                      p. 385) studied the effects of fragment                 reduced genetic variability, and                         Today, natural fires are unlikely to
                                                      size on species composition in south                    ultimately reduced population viability               occur or are likely to be suppressed in
                                                      Florida pine rocklands, and found that                  (Rathcke and Jules 1993, p. 275;                      the remaining, highly fragmented pine
                                                      plant species richness and fragment size                Goverde et al. 2002, pp. 297–298; Harris              rockland habitat. The suppression of
                                                      were positively correlated (although                    and Johnson 2004, pp. 33–34).                         natural fires has reduced the size of the
                                                      some small fragments supported nearly                      The effects of fragmentation on fire go            areas that burn, and habitat
                                                      as many species as the largest fragment).               beyond edge effects and include                       fragmentation has prevented fire from
                                                      Composition of fragmented habitat                       reduced likelihood and extent of fires,               moving across the landscape in a
                                                      typically differs from that of intact                   and altered behavior and characteristics              natural way. Without fire, successional
                                                      forests, as isolation and edge effects                  (e.g., intensity) of those fires that do              climax from pine rockland to rockland
                                                      increase leading to increased abundance                 occur. Habitat fragmentation encourages               hammock takes 10 to 25 years, and
                                                      of disturbance-adapted species (weedy                   the suppression of naturally occurring                displacement of native species by
                                                      species, nonnative invasive species) and                fires, and has prevented fire from                    invasive nonnative plants often occurs.
                                                      lower rates of pollination and propagule                moving across the landscape in a                      All occurrences of Sideroxylon
                                                      dispersal (Laurence and Bierregaard                     natural way, resulting in an increased                reclinatum ssp. austrofloridense,
                                                      1997, pp. 347–350.; Noss and Csuti                      amount of habitat suffering from these                Digitaria pauciflora, Chamaesyce
                                                      1997, pp. 284–299).                                     negative impacts. High fragmentation of               deltoidea ssp. pinetorum, and Dalea
                                                         The degree to which fragmentation                    small habitat patches within an urban                 carthagenensis var. floridana are
                                                      threatens the dispersal abilities of                    matrix discourages the use of prescribed              affected by some degree of inadequate
                                                      Sideroxylon reclinatum ssp.                             fire as well due to logistical difficulties
                                                                                                                                                                    fire management, with the primary
                                                      austrofloridense, Digitaria pauciflora,                 (see Fire Management, below).
                                                                                                                                                                    threat being shading by hardwoods
                                                      Chamaesyce deltoidea ssp. pinetorum,                       Forest fragments in urban settings are
                                                                                                              also subject to increased likelihood of               (Bradley and Gann 1999, p. 15; Bradley
                                                      and Dalea carthagenensis var. floridana
                                                                                                              certain types of human-related                        and Gann 2005, page numbers not
                                                      is unknown. In the historical landscape,
                                                                                                              disturbance, such as the dumping of                   applicable). Shading may also be caused
                                                      where pine rockland occurred within a
                                                                                                              trash (Chavez and Tynon 2000, p. 405)                 by a fire-suppressed (and, in some cases,
                                                      mosaic of wetlands, water may have
                                                                                                              and illegal clearing. The many effects of             planted) pine canopy that has evaded
                                                      acted as a dispersal vector for all pine
                                                                                                              habitat fragmentation may work in                     the natural thinning effects that fire has
                                                      rockland seeds. In the current
                                                                                                              concert to threaten the local persistence             on seedlings and smaller trees. Gann
                                                      fragmented landscape, this type of
                                                      dispersal would no longer be possible                   of a species, especially of small                     (2013, pers. comm.) indicates this is also
                                                      for any of the Miami-Dade populations,                  populations (see discussion below);                   a threat to pine rockland habitat on the
                                                      because they exist in isolated habitat                  when a species’ range of occurrence is                Miami Rock Ridge. Understory plants
                                                      patches surrounded by miles of                          limited, as with these four plants,                   such as Sideroxylon reclinatum ssp.
                                                      unsuitable habitat (agriculture and                     threats to local persistence increase                 austrofloridense, Digitaria pauciflora,
                                                      urban development) on every side.                       extinction risk.                                      Chamaesyce deltoidea ssp. pinetorum,
                                                      While additional dispersal vectors may                                                                        and Dalea carthagenensis var. floridana
                                                                                                              Fire Management                                       are shaded out after just 10 years
                                                      include animals and (in certain
                                                      locations) mowing equipment, it is                         One of the primary threats to                      without fire, by hardwoods and
                                                      likely that fragmentation has effectively               Sideroxylon reclinatum ssp.                           nonnatives alike.
                                                      reduced these plants’ ability to disperse.              austrofloridense, Digitaria pauciflora,                  Whether the dense canopy is
                                                         While pollination research has not                   Chamaesyce deltoidea ssp. pinetorum,                  composed of pine, hardwoods,
                                                      been conducted for Sideroxylon                          and Dalea carthagenensis var. floridana               nonnatives, or a combination, seed
                                                      reclinatum ssp. austrofloridense,                       is habitat modification and degradation               germination and establishment are
                                                      Digitaria pauciflora, Chamaesyce                        through inadequate fire management,                   inhibited in fire-suppressed habitat due
                                                      deltoidea ssp. pinetorum, and Dalea                     which includes both the lack of                       to accumulated leaf litter, which also
                                                      carthagenensis var. floridana, research                 prescribed fire and suppression of                    changes soil moisture and nutrient
                                                      regarding other species and ecosystems                  natural fires. Where the term ‘‘fire-                 availability (Hiers et al. 2007, pp. 811–
                                                      provides valuable information regarding                 suppressed’’ is used below, it describes              812). This alteration to microhabitat can
                                                      potential effects of fragmentation to                   degraded pine rockland conditions                     also inhibit seedling establishment as
                                                      these plants. Effects of fragmentation                  resulting from a lack of adequate fire                well as negatively influence flower and
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      may include changes to the pollinator                   (natural or prescribed) in the landscape.             fruit production (Wendelberger and
                                                      community as a result of limitation of                  Historically, frequent (approximately                 Maschinski 2009, pp. 849–851), thereby
                                                      pollinator-required resources (e.g.,                    twice per decade), lightning-induced                  reducing sexual reproduction in fire-
                                                      reduced availability of rendezvous                      fires were a vital component in                       adapted species such as Sideroxylon
                                                      plants, nesting and roosting sites, and                 maintaining native vegetation and                     reclinatum ssp. austrofloridense,
                                                      nectar/pollen); these changes may                       ecosystem functioning within south                    Digitaria pauciflora, Chamaesyce
                                                      include changes to pollinator                           Florida pine rocklands (see Status                    deltoidea ssp. pinetorum, and Dalea
                                                      community composition, species                          Assessment, above). A period of just 10               carthagenensis var. floridana (Geiger
                                                      abundance and diversity, and pollinator                 years without fire may result in a                    2002, pp. 78–79, 81–83).


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                          70295

                                                         After an extended period of                          rocklands. Prescribed fire in ENP was                 prolonged or insufficient fire
                                                      inadequate fire management in pine                      originally conducted during the dry                   management may pose to local
                                                      rocklands, it becomes necessary to                      season. Fire management was gradually                 populations of an imperiled species,
                                                      control invading native hardwoods                       shifted to wet-season burning in an                   even on public conservation lands.
                                                      mechanically, since excess growth of                    effort to better mimic natural lightning-                Implementation of a prescribed fire
                                                      native hardwoods would result in a hot                  ignited fire patterns. As a result,                   program in Miami-Dade County has
                                                      fire, which can cause mortality of pines                pinelands and marl prairies in ENP                    been hampered by a shortage of
                                                      and destroys the rootstocks and seed                    where S. reclinatum ssp.                              resources, and by logistical difficulties
                                                      banks of other native plants. Mechanical                austrofloridense, D. pauciflora, and C.               and public concern related to burning
                                                      treatments cannot entirely replace fire                 deltoidea ssp. pinetorum occur have                   next to residential areas. Many homes
                                                      because pine trees, understory shrubs,                  been burned in both the wet season and                have been built in a mosaic of pine
                                                      grasses, and herbs all contribute to an                 dry season. Long-term maintenance of                  rockland, so the use of prescribed fire in
                                                      ever-increasing layer of leaf litter,                   populations in those areas indicates that             many places has become complicated
                                                      covering herbs and preventing                           either practice will sustain populations              because of potential danger to structures
                                                      germination, as discussed above. Leaf                   of these species.                                     and smoke generated from the burns.
                                                      litter will continue to accumulate even                    Federal (Service, NPS), State (Florida             Nonprofit organizations such as IRC
                                                      if hardwoods are removed                                Department of Environmental Protection                have similar difficulties in conducting
                                                      mechanically. In addition, the ashes left               (FDEP), Florida Fish and Wildlife                     prescribed burns due to difficulties with
                                                      by fires provide important post-fire                    Conservation Commission (FWC), and                    permitting and obtaining the necessary
                                                      nutrient cycling, which is not provided                 County (Miami-Dade DERM) land                         permissions as well as hazard insurance
                                                      via mechanical removal.                                 managers, and nonprofit organizations                 limitations (Gann 2013, pers. comm.).
                                                         The impacts of fire on Sideroxylon                   (Institute for Regional Conservation                  Few private landowners have the means
                                                      reclinatum ssp. austrofloridense,                       (IRC)) implement prescribed fire on                   and/or desire to implement prescribed
                                                      Digitaria pauciflora, Chamaesyce                        public and private lands within the                   fire on their property, and doing so in
                                                      deltoidea ssp. pinetorum, and Dalea                     ranges of Sideroxylon reclinatum ssp.                 a fragmented urban environment is
                                                      carthagenensis var. floridana are not                   austrofloridense, Digitaria pauciflora,               logistically difficult and may be costly.
                                                      entirely understood. Fire is critical in                Chamaesyce deltoidea ssp. pinetorum,                  One of the few privately owned pine
                                                      maintaining the open understory and                     and Dalea carthagenensis var. floridana.              rocklands that is successfully managed
                                                      species diversity in pine rocklands and                 While management of some County                       with prescribed burning is Pine Ridge
                                                      marl prairies where these species occur,                conservation lands includes regular                   Sanctuary, located in a more
                                                      as well as to reduce populations of                     burning, other lands remain severely                  agricultural (less urban) matrix of
                                                      nonnative plant species. Fire maintains                 fire-suppressed. Even in areas under                  Miami-Dade, which was last burned in
                                                      the ecotone (transition) between saw                    active management, some portions are                  November 2010 (Glancy 2013, pers.
                                                      grass marsh, pine rockland, and                         typically fire-suppressed. Nevertheless,              comm.) and retains populations of both
                                                      rockland hammock habitats where S.                      all of these sites retain a contingent of             Sideroxylon reclinatum ssp.
                                                      reclinatum ssp. austrofloridense grows.                 native species and a seedbank capable                 austrofloridense and Chamaesyce
                                                         Some natural mortality of Sideroxylon                of responding to fire.                                deltoidea ssp. pinetorum. Similarly,
                                                      reclinatum ssp. austrofloridense,                          While ENP, BCNP, and various
                                                                                                                                                                    extant populations of Dalea
                                                      Digitaria pauciflora, Chamaesyce                        Miami-Dade County conservation lands
                                                                                                                                                                    carthagenensis var. floridana within the
                                                      deltoidea ssp. pinetorum, and Dalea                     (e.g., Navy Wells Pineland Preserve)
                                                                                                                                                                    privately owned Charles Deering Estate
                                                      carthagenensis var. floridana may occur                 each attempt to administer prescribed
                                                                                                                                                                    and County-owned Crandon Park, are
                                                      from fire, especially more intense fires.               burns, the threat of inadequate fire
                                                                                                                                                                    managed with fire.
                                                      S. reclinatum ssp. austrofloridense and                 management still remains. The pine
                                                      C. deltoidea ssp. pinetorum grow in wet                 rocklands in the Long Pine Key region                 Conservation Efforts To Reduce the
                                                      marl soils and soil deposits within                     of ENP remained largely fire-suppressed               Present or Threatened Destruction,
                                                      cracks in the limestone bedrock, which                  for the past decade as the Park updated               Modification, or Curtailment of Habitat
                                                      provides protection to the roots and                    its fire management plan. Although                    or Range
                                                      allows plants to resprout following fire.               prescribed fire was returned to Long
                                                                                                                                                                    Miami-Dade County Environmentally
                                                      C. deltoidea ssp. pinetorum, in                         Pine Key in early 2016, many areas
                                                                                                                                                                    Endangered Lands Covenant Program
                                                      particular, possesses a well-developed                  retained substantial amounts of
                                                      rootstock that is protected from fire                   unburned understory vegetation. As a                    In 1979, Miami-Dade County enacted
                                                      (ENP 2014, p. 203). Herndon (1998, p.                   result, despite reintroduction of a fire              the Environmentally Endangered Lands
                                                      28) pointed out that the life history of                regime, several large-scale wildfires                 (EEL) Covenant Program, which reduces
                                                      C. deltoidea ssp. pinetorum includes a                  ignited during the spring months of                   taxes for private landowners of natural
                                                      cryptic stage, making interpretation of                 2016, which burned up to 50 percent of                forest communities (NFCs; pine
                                                      mortality of aboveground parts difficult.               the pine rocklands in Long Pine Key.                  rocklands and tropical hardwood
                                                         Currently, limited information is                    Ultimately, this combination of                       hammocks) who agree not to develop
                                                      available on differences in mortality or                prescribed burns and natural fires (if not            their property and manage it for a
                                                      long-term population impacts of                         too hot or lasting too long) is likely to             period of 10 years, with the option to
                                                      Sideroxylon reclinatum ssp.                             improve conditions for Sideroxylon                    renew for additional 10-year periods
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      austrofloridense, Digitaria pauciflora,                 reclinatum ssp. austrofloridense,                     (Service 1999, p. 3–177). Although these
                                                      Chamaesyce deltoidea ssp. pinetorum,                    Digitaria pauciflora, and Chamaesyce                  temporary conservation easements
                                                      and Dalea carthagenensis var. floridana                 deltoidea ssp. pinetorum populations                  provide valuable protection for their
                                                      resulting from wet or dry season burns.                 within ENP. For example, at 3 to 6                    duration, they are not considered under
                                                      Indirect evidence suggests that burning                 months post-burn, these species appear                Factor D, below, because they are
                                                      in either season is suitable to maintain                to be recolonizing burned areas (Sadle,               voluntary agreements and not regulatory
                                                      populations of S. reclinatum ssp.                       pers. comm. 2016; Salvato, pers. obs.                 in nature. Miami-Dade County currently
                                                      austrofloridense, D. pauciflora, and C.                 2016). However, this chain of events                  has approximately 59 pine rockland
                                                      deltoidea ssp. pinetorum in pine                        also demonstrated the threat that                     properties enrolled in this program,


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                                                      70296                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      preserving 69.4 ha (172 ac) of pine                     and natural stochastic events are                     conservation measures for Sideroxylon
                                                      rockland habitat (Johnson 2012, pers.                   monitored and actively managed in                     reclinatum ssp. austrofloridense,
                                                      comm.). The program also has                            areas where the taxon is known to                     Digitaria pauciflora, Chamaesyce
                                                      approximately 21 rockland hammocks                      occur. These programs are long term                   deltoidea ssp. pinetorum, or Dalea
                                                      properties enrolled in this program,                    and ongoing in Miami-Dade County;                     carthagenensis var. floridana.
                                                      preserving 20.64 ha (51 ac) of rockland                 however, programs are limited by the
                                                                                                                                                                    Summary of Factor A
                                                      hammock habitat (Joyner 2013b, pers.                    availability of annual funding. In
                                                      comm.). The vast majority of these                      particular, fire management remains                      We have identified a number of
                                                      properties are small, and many are in                   inadequate at many sites.                             threats to the habitat of the Sideroxylon
                                                      need of habitat management such as                        Since 2005, the Service has funded                  reclinatum ssp. austrofloridense,
                                                      prescribed fire and removal of                          IRC to facilitate restoration and                     Digitaria pauciflora, Chamaesyce
                                                      nonnative invasive plants. Thus, while                  management of privately owned pine                    deltoidea ssp. pinetorum, and Dalea
                                                      EEL covenant lands have the potential                   rockland habitats in Miami-Dade                       carthagenensis var. floridana that have
                                                      to provide valuable habitat for these                   County. These programs included                       operated in the past, are impacting these
                                                      plants and reduce threats in the near                   prescribed burns, nonnative plant                     species now, and will continue to
                                                      term, the actual effect of these                        control, light debris removal, hardwood               impact them in the future. Habitat loss,
                                                      conservation lands is largely determined                management, reintroduction of pines                   fragmentation, and degradation and
                                                      by whether individual land owners                       where needed, and development of                      associated pressures from increased
                                                      follow prescribed EEL management                        management plans. One of these                        human population are major threats;
                                                      plans and NFC regulations (see Local                    programs, called the Pine Rockland                    these threats are expected to continue,
                                                      under Factor D).                                        Initiative, includes 10-year cooperative              placing these plants at greater risk.
                                                                                                              agreements between participating                      Sideroxylon reclinatum ssp.
                                                      Fee Title Properties                                    landowners and the Service/IRC to                     austrofloridense, Digitaria pauciflora,
                                                         In 1990, Miami-Dade County voters                    ensure restored areas will be managed                 Chamaesyce deltoidea ssp. pinetorum,
                                                      approved a 2-year property tax to fund                  appropriately during that time.                       and Dalea carthagenensis var. floridana
                                                      the acquisition, protection, and                        Although most of these objectives have                may be impacted when pine rocklands
                                                      maintenance of natural areas by the EEL                 been achieved, IRC has not been able to               are converted to other uses or when lack
                                                      Program. The EEL Program purchases                      conduct the desired prescribed burns,                 of fire causes the conversion to
                                                      and manages natural lands for                           due to logistical difficulties as discussed           hardwood hammocks or other
                                                      preservation. Land uses deemed                          above (see Fire Management).                          unsuitable habitats.
                                                      incompatible with the protection of the                                                                          On public lands, including Service,
                                                      natural resources are prohibited by                     Connect To Protect Program                            NPS, and Miami-Dade County-owned
                                                      current regulations; however, the                          FTBG, with the support of various                  lands, implementation of prescribed fire
                                                      County Commission ultimately controls                   Federal, State, local, and nonprofit                  has not been sufficient because of legal
                                                      what may happen with any County                         organizations, has established the                    constraints (permitting requirements)
                                                      property, and land use changes may                      ‘‘Connect to Protect Network.’’ The                   and inadequate funding. Any
                                                      occur over time (Gil 2013, pers. comm.).                objective of this program is to encourage             populations of these four plants found
                                                      To date, the Miami-Dade County EEL                      widespread participation of citizens to               on private property could be destroyed
                                                      Program has acquired a total of                         create corridors of healthy pine                      due to lack of protection. Although
                                                      approximately 313 ha (775 ac) of pine                   rocklands by planting stepping stone                  efforts are being made to conserve
                                                      rockland, and 95 ha (236 ac) of rockland                gardens and rights-of-way with native                 natural areas and apply prescribed fire,
                                                      hammocks (Guerra 2015 pers. comm.;                      pine rockland species, and restoring                  most pine rocklands remain in poor fire
                                                      Gil 2013, pers. comm.). The EEL                         isolated pine rockland fragments. By                  condition, and the long-term effects of
                                                      Program also manages approximately                      doing this, FTBG hopes to increase the                large-scale and wide-ranging habitat
                                                      314 ha (777 ac) of pine rocklands and                   probability that pollination and seed                 modification, destruction, and
                                                      639 ha (1,578 ac) of rockland hammocks                  dispersal vectors can find and transport              curtailment will last into the future,
                                                      owned by the Miami-Dade County                          seeds and pollen across developed areas               while ongoing habitat loss due to
                                                      Parks, Recreation and Open Spaces                       that separate pine rockland fragments to              population growth, development, and
                                                      Department, including some of the                       improve gene flow between fragmented                  agricultural conversion continues to
                                                      largest remaining areas of pine rockland                plant populations and increase the                    pose a threat to these species outside of
                                                      habitat on the Miami Rock Ridge                         likelihood that these plants will persist             conservation lands.
                                                      outside of ENP (e.g., Larry and Penny                   over the long term. Although these                       Therefore, based on the best
                                                      Thompson Park, Zoo Miami pinelands,                     projects may serve as valuable                        information available, we have
                                                      and Navy Wells Pineland Preserve), and                  components toward the conservation of                 determined that the threats to
                                                      some of the largest remaining areas of                  pine rockland species and habitat, they               Sideroxylon reclinatum ssp.
                                                      rockland hammocks (e.g., Matheson                       are dependent on continual funding, as                austrofloridense, Digitaria pauciflora,
                                                      Hammock Park, Castellow Hammock                         well as participation from private                    Chamaesyce deltoidea ssp. pinetorum,
                                                      Park, and Deering Estate Park and                       landowners, both of which may vary                    and Dalea carthagenensis var. floridana
                                                      Preserves).                                             through time.                                         from habitat destruction, modification,
                                                         Conservation efforts in Miami’s EEL                                                                        or curtailment are occurring throughout
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Preserves have been under way for                       National Park Service Lands
                                                                                                                                                                    the entire range of these species and are
                                                      many years. In Miami-Dade County,                         The NPS General Management Plans                    expected to continue into the future.
                                                      conservation lands are and have been                    (GMPs) for ENP (NPS 2015) and BCNP
                                                      monitored by FTBG and IRC, in                           (BCNP 2008) serve to protect, restore,                Factor B. Overutilization for
                                                      coordination with the EEL Program, to                   and maintain natural and cultural                     Commercial, Recreational, Scientific, or
                                                      assess habitat status and determine any                 resources at the ecosystem level.                     Educational Purposes
                                                      changes that may pose a threat to or                    Although these GMPs are not regulatory,                 The best available data do not
                                                      alter the abundance of these species.                   and their implementation is not                       indicate that overutilization for
                                                      Impacts to habitat via nonnative species                mandatory, they do include                            commercial, recreational, scientific, or


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                         70297

                                                      educational purposes are a threat to                    Digitaria pauciflora, Chamaesyce                      highway; or selling or offering for sale
                                                      Sideroxylon reclinatum ssp.                             deltoidea ssp. pinetorum, and Dalea                   any plant listed in the Index as
                                                      austrofloridense, Digitaria pauciflora,                 carthagenensis var. floridana within the              endangered must have a permit from the
                                                      Chamaesyce deltoidea ssp. pinetorum,                    Everglades and ENP and BCNP are                       State at all times when engaged in any
                                                      or Dalea carthagenensis var. floridana.                 protected by NPS regulations at 36 CFR                such activities.
                                                      Threats to these plants related to other                2.1, which prohibit visitors from                        However, subsections (8)(a) and (b) of
                                                      aspects of recreation and similar human                 harming or removing plants, listed or                 the statute waive State regulation for
                                                      activities (i.e., not related to                        otherwise, from ENP or BCNP. However,                 certain classes of activities for all
                                                      overutilization) are discussed in Factor                the regulation does not address actions               species on the Regulated Plant Index,
                                                      E.                                                      taken by NPS that cause mortality, or                 including the clearing or removal of
                                                                                                              habitat loss or modification. NPS                     regulated plants for agricultural,
                                                      Factor C. Disease or Predation                                                                                forestry, mining, construction
                                                                                                              regulations do not require the
                                                        No diseases or incidences of                          application of prescribed fire or                     (residential, commercial, or
                                                      predation have been reported for                        voluntary recovery actions for listed                 infrastructure), and fire-control
                                                      Sideroxylon reclinatum ssp.                             species.                                              activities by a private landowner or his
                                                      austrofloridense, Digitaria pauciflora,                   In addition to occurring on ENP and                 or her agent. On the other hand, section
                                                      Chamaesyce deltoidea ssp. pinetorum,                    BCNP, Sideroxylon reclinatum ssp.                     (10) of the statute provides for
                                                      or Dalea carthagenensis var. floridana.                 austrofloridense, Digitaria pauciflora,               consultation similar to section 7 of the
                                                      Factor D. The Inadequacy of Existing                    Chamaesyce deltoidea ssp. pinetorum,                  Federal Act for listed species by
                                                      Regulatory Mechanisms                                   and Dalea carthagenensis var. floridana               requiring the Department of
                                                                                                              may occur (we do not have recent                      Transportation to notify the FDACS and
                                                         Under this factor, we examine                        surveys) on Federal lands within the                  the Endangered Plant Advisory Council
                                                      whether threats to these plants that are                Richmond Pine Rocklands, including                    of planned highway construction at the
                                                      discussed under the other factors are                   lands owned by the U.S. Coast Guard                   time bids are first advertised, to
                                                      continuing due to an inadequacy of an                   and the National Oceanic and                          facilitate evaluation of the project for
                                                      existing regulatory mechanism. Section                  Atmospheric Association (NOAA; small                  listed plant populations, and to
                                                      4(b)(1)(A) of the Act requires the Service              portion of Martinez Pineland). There are              ‘‘provide for the appropriate disposal of
                                                      to take into account ‘‘those efforts, if                no Federal protections for candidate                  such plants’’ (i.e., transplanting).
                                                      any, being made by any State or foreign                 species, including these four plants, on
                                                      nation, or any political subdivision of a                                                                     Local
                                                                                                              these properties. Otherwise, these plants
                                                      State or foreign nation, to protect such                occur primarily on State, County, or                     In 1984, Section 24–49 of the Code of
                                                      species. . . .’’ In relation to Factor D,               private land (Tables 1–4), and                        Miami-Dade County established
                                                      we interpret this language to require the               development of these areas will likely                regulation of County-designated NFCs,
                                                      Service to consider relevant Federal,                   require no Federal permit or other                    which include both pine rocklands and
                                                      State, and tribal laws, regulations, and                authorization. Therefore, projects that               tropical hardwood hammocks. These
                                                      other such mechanisms that may                          affect them are usually not analyzed                  regulations were placed on specific
                                                      minimize any of the threats we describe                 under the National Environmental                      properties throughout the county by an
                                                      in threat analyses under the other four                 Policy Act (NEPA) (42 U.S.C. 4321 et                  act of the Board of County
                                                      factors, or otherwise enhance                           seq.).                                                Commissioners in an effort to protect
                                                      conservation of the species. We give                                                                          environmentally sensitive forest lands.
                                                                                                              State                                                 The Miami-Dade County Department of
                                                      strongest weight to statutes and their
                                                      implementing regulations and to                            Sideroxylon reclinatum ssp.                        Regulatory and Economic Resources has
                                                      management direction that stems from                    austrofloridense, Digitaria pauciflora,               regulatory authority over NFCs and is
                                                      those laws and regulations. An example                  Chamaesyce deltoidea ssp. pinetorum,                  charged with enforcing regulations that
                                                      would be State governmental actions                     and Dalea carthagenensis var. floridana               provide partial protection on the Miami
                                                      enforced under a State statute or                       are listed on the Sate of Florida’s                   Rock Ridge. Miami-Dade Code typically
                                                      constitution or Federal action under                    Regulated Plant Index as endangered                   allows up to 20 percent of a pine
                                                      statute.                                                under Chapter 5B–40, Florida                          rockland designated as NFC to be
                                                         Having evaluated the impact of the                   Administrative Code. This listing                     developed, and requires that the
                                                      threats as mitigated by any such                        provides little or no habitat protection              remaining 80 percent be placed under a
                                                      conservation efforts, we analyze under                  beyond the State’s Development of                     perpetual covenant. In certain
                                                      Factor D the extent to which existing                   Regional Impact process, which                        circumstances, where the landowner
                                                      regulatory mechanisms address the                       discloses impacts from projects, but                  can demonstrate that limiting
                                                      specific threats to the species.                        provides no regulatory protection for                 development to 20 percent does not
                                                      Regulatory mechanisms, if they exist,                   State-listed plants on private lands.                 allow for ‘‘reasonable use’’ of the
                                                      may reduce or eliminate the impacts                        Florida Statutes 581.185 sections                  property, additional development may
                                                      from one or more identified threats. In                 (3)(a) and (b) prohibit any person from               be approved. NFC landowners are also
                                                      this section, we review existing Federal,               willfully destroying or harvesting any                required to obtain an NFC permit for
                                                      State, and local regulatory mechanisms                  species listed as endangered or                       any work, including removal of
                                                      to determine whether they effectively                   threatened on the Index, or growing                   nonnatives within the boundaries of the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      reduce or remove threats to Sideroxylon                 such a plant on the private land of                   NFC on their property. The NFC
                                                      reclinatum ssp. austrofloridense,                       another, or on any public land, without               program is responsible for ensuring that
                                                      Digitaria pauciflora, Chamaesyce                        first obtaining the written permission of             NFC permits are issued in accordance
                                                      deltoidea ssp. pinetorum, and Dalea                     the landowner and a permit from the                   with the limitations and requirements of
                                                      carthagenensis var. floridana.                          Florida Department of Plant Industry.                 the code and that appropriate NFC
                                                                                                              The statute further provides that any                 preserves are established and
                                                      Federal                                                 person willfully destroying or                        maintained in conjunction with the
                                                        Populations of Sideroxylon                            harvesting; transporting, carrying, or                issuance of an NFC permit. The NFC
                                                      reclinatum ssp. austrofloridense,                       conveying on any public road or                       program currently regulates


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                                                      70298                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      approximately 600 pine rockland or                      State Park regulations provide                        carthagenensis var. floridana to some
                                                      pine rockland/hammock properties,                       protection for plants within Florida                  degree (Bradley 2006, pp. 25–26;
                                                      comprising approximately 1,200 ha                       State Parks. The NFC program in Miami                 Bradley and Gann 1999, pp. 18–19;
                                                      (3,000 ac) of habitat (Joyner 2013a, pers.              is designed to protect rare and                       Bradley and Saha 2009, p. 25; Bradley
                                                      comm.).                                                 important upland (non-wetlands)                       and van der Heiden 2013, pp. 12–16).
                                                         Although the NFC program is                          habitats in south Florida; however, this              As a result of human activities, at least
                                                      designed to protect rare and important                  regulatory strategy has several                       277 taxa of nonnative plants have
                                                      upland (non-wetlands) habitats in south                 limitations (as described above) that                 invaded pine rocklands throughout
                                                      Florida, this regulatory strategy has                   reduce its ability to protect S.                      south Florida (Service 1999, p. 3–175).
                                                      limitations. For example, in certain                    reclinatum ssp. austrofloridense, D.                  Schinus terebinthifolius (Brazilian
                                                      circumstances where landowners can                      pauciflora, C. deltoidea ssp. pinetorum,              pepper) and Neyraudia neyraudiana
                                                      demonstrate that limiting development                   and D. carthagenensis var. floridana and              (Burma reed) affect these species
                                                      to 20 percent does not allow for                        their habitats.                                       (Bradley and Gann 1999, pp. 13, 72).
                                                      ‘‘reasonable use’’ of the property,                        Although most populations of                       Brazilian pepper, a nonnative tree, is the
                                                      additional development may be                           Sideroxylon reclinatum ssp.                           most widespread and one of the most
                                                      approved. Furthermore, Miami-Dade                       austrofloridense, Digitaria pauciflora,               invasive species. It forms dense thickets
                                                      County Code provides for up to 100                      Chamaesyce deltoidea ssp. pinetorum,                  of tangled, woody stems that completely
                                                      percent of the NFC to be developed on                   and Dalea carthagenensis var. floridana               shade out and displace native vegetation
                                                      a parcel in limited circumstances for                   are afforded some level of protection                 (Loflin 1991, p. 19; Langeland and
                                                      parcels less than 2.02 ha (5 ac) in size                because they are on public conservation               Craddock Burks 1998, p. 54). Lygodium
                                                      and requires coordination with the                      lands, existing regulatory mechanisms                 microphyllum (Old World climbing
                                                      landowner only if the landowner plans                   have not led to a sufficient reduction of             fern) is also a serious threat throughout
                                                      to develop property or perform work                     threats posed to these plants by a wide               south Florida.
                                                      within the NFC designated area. As                      array of sources (see discussions under                  Nonnative plants in pine rocklands
                                                      such, the majority of the existing private              Factors A and E).                                     can also affect the characteristics of a
                                                      forested NFC parcels consists of isolated                                                                     fire when it does occur. Historically,
                                                                                                              Factor E. Other Natural or Manmade
                                                      fragments, without management                                                                                 pine rocklands had an open, low
                                                                                                              Factors Affecting Its Continued
                                                      obligations or preserve designation, as                                                                       understory where natural fires remained
                                                                                                              Existence
                                                      development has not been proposed at                                                                          patchy with low temperature intensity.
                                                      a level that would trigger the NFC                         Other natural or manmade factors                   S. ssp. austrofloridense, D. pauciflora,
                                                      regulatory requirements. Often,                         affect Sideroxylon reclinatum ssp.                    C. deltoidea ssp. pinetorum, and D.
                                                      nonnative vegetation over time begins to                austrofloridense, Digitaria pauciflora,               carthagenensis var. floridana thrive
                                                      dominate and degrade the undeveloped                    Chamaesyce deltoidea ssp. pinetorum,                  under this fire regime. However, dense
                                                      and unmanaged NFC landscape until it                    and Dalea carthagenensis var. floridana               infestations of Neyraudia neyraudiana
                                                      no longer meets the legal threshold of an               to varying degrees, including the spread              and Schinus terebinthifolius cause
                                                      NFC, which requires the land to be                      of nonnative invasive plants, potentially             higher fire temperatures and longer
                                                      dominated by native vegetation. When                    incompatible management practices                     burning periods.
                                                      development of such degraded NFCs is                    (such as mowing and herbicide use),                      These nonnative species occur
                                                      proposed, Miami-Dade County Code                        direct impacts to plants from recreation              throughout the ranges of the four plants.
                                                      requires delisting of the degraded areas                and other human activities, small                     In ENP and BCNP, invasives tend to be
                                                      as part of the development process.                     population size and isolation, climate                fewer due to the insularity of these sites
                                                      Property previously designated as NFC                   change, and the related risks from                    and the NPS’s control programs.
                                                      is removed from the list even before                    environmental stochasticity (extreme                  Nevertheless, most areas require annual
                                                      development is initiated because of the                 weather) on small populations. Each of                treatments to remove incipient
                                                      abundance of nonnative species, making                  these threats and its specific effect on              invasions. Management of nonnative
                                                      it no longer considered to be                           these species are discussed in detail                 invasive plants in pine rocklands in
                                                      jurisdictional or subject to the NFC                    below.                                                Miami-Dade County is further
                                                      protection requirements of Miami-Dade                                                                         complicated because the vast majority of
                                                                                                              Nonnative Plant Species                               pine rocklands are small, fragmented
                                                      County Code (Grossenbacher 2013, pers.
                                                      comm.).                                                   Nonnative invasive plants compete                   areas bordered by urban development.
                                                                                                              with native plants for space, light,                  Areas near managed pine rockland that
                                                      Summary of Factor D                                     water, and nutrients, and make habitat                contain nonnative species can act as a
                                                         Currently, Sideroxylon reclinatum                    conditions unsuitable for Sideroxylon                 seed source of nonnatives allowing
                                                      ssp. austrofloridense, Digitaria                        reclinatum ssp. austrofloridense,                     them to continue to invade the
                                                      pauciflora, Chamaesyce deltoidea ssp.                   Digitaria pauciflora, Chamaesyce                      surrounding pine rockland (Bradley and
                                                      pinetorum, and Dalea carthagenensis                     deltoidea ssp. pinetorum, and Dalea                   Gann 1999, p. 13).
                                                      var. floridana are found on Federal,                    carthagenensis var. floridana, which                     Nonnative plant species are also a
                                                      State, and County lands; however, there                 prefer open conditions. Bradley and                   concern on private lands, where often
                                                      is no regulatory mechanism in place                     Gann (1999, pp. 13, 71–72) indicated                  they are not controlled due to associated
                                                      that provides substantive protection of                 that the control of nonnative plants is               costs, lack of interest, or lack of
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      actual habitat or of potentially suitable               one of the most important conservation                knowledge of detrimental impacts to the
                                                      habitat at this time. NPS regulations                   actions for the four plants and a critical            ecosystem. Undiscovered populations of
                                                      provide some protection at ENP and                      part of habitat maintenance.                          Sideroxylon reclinatum ssp.
                                                      BCNP sites, whichprotect the largest                       Nonnative plants have significantly                austrofloridense, Digitaria pauciflora,
                                                      and best managed populations. State                     affected pine rocklands, and negatively               Chamaesyce deltoidea ssp. pinetorum,
                                                      regulations provide protection against                  impact all occurrences of Sideroxylon                 and Dalea carthagenensis var. floridana
                                                      trade, but allow private landowners or                  reclinatum ssp. austrofloridense,                     on private lands could certainly be at
                                                      their agents to clear or remove species                 Digitaria pauciflora, Chamaesyce                      risk. Overall, active management is
                                                      on the Florida Regulated Plant Index.                   deltoidea ssp. pinetorum, and Dalea                   necessary to control for nonnative


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                          70299

                                                      species and to protect unique and rare                  working with BCNP to determine the                    deltoidea ssp. pinetorum, and Dalea
                                                      habitats where these plants occur                       extent to which ORVs are affecting all                carthagenensis var. floridana, so
                                                      (Snyder et al. 1990, p. 273).                           three species at this site, particularly D.           whether these plants exhibit such a
                                                                                                              pauciflora, since it is one of only two               threshold is not known.
                                                      Mowing
                                                                                                              sites where the species is known to                     Reduced genetic variability generally
                                                         While no studies have investigated                   exist. Damage from ORV use has also                   diminishes a species’ capacity to adapt
                                                      the effect of mowing on Sideroxylon                     been documented for Dalea                             and respond to environmental changes,
                                                      reclinatum ssp. austrofloridense,                       carthagenensis var. floridana within the              thereby decreasing the probability of
                                                      Digitaria pauciflora, Chamaesyce                        Charles Deering Estate (J. Possley, pers.             long-term persistence (e.g., Barrett and
                                                      deltoidea ssp. pinetorum, or Dalea                      comm. 2008, 2009).                                    Kohn 1991, p. 4; Newman and Pilson
                                                      carthagenensis var. floridana, research                    Dalea carthagenensis var. floridana at             1997, p. 361). Very small plant
                                                      has been conducted on the federally                     the R. Hardy Matheson Preserve is also                populations may experience reduced
                                                      endangered Linum carteri var. carteri                   impacted by illegal mountain biking                   reproductive vigor due to ineffective
                                                      (which also occurs in pine rocklands).                  (Bradley and Gann 1999, pp. 43–45). In                pollination or inbreeding depression.
                                                      The study found significantly higher                    the past, this pineland fragment was                  Isolated individuals have difficulty
                                                      densities of plants at the mown sites                   heavily used by mountain bikers. In                   achieving natural pollen exchange,
                                                      where competition with other plants is                  response Miami-Dade County has                        which limits the production of viable
                                                      decreased (Maschinski et al. 2007, p.                   erected fencing to protect this site,                 seed. The problems associated with
                                                      56). However, plants growing on mown                    which appears to have reduced this                    small population size and vulnerability
                                                      sites were shorter, which may affect                    threat (Bradley and Gann 1999, p. 43).                to random demographic fluctuations or
                                                      fruiting magnitude. While mowing did
                                                                                                              Effects of Small Population Size and                  natural catastrophes are further
                                                      not usually kill adult plants, it could
                                                                                                              Isolation                                             magnified by synergistic (interaction of
                                                      delay reproduction if it occurred prior
                                                                                                                 Endemic species whose populations                  two or more components) effects with
                                                      to plants reaching reproductive status
                                                      (Maschinski et al. 2007, pp. 56–57). If                 exhibit a high degree of isolation are                other threats, such as those discussed
                                                      such mowing occurs repeatedly,                          extremely susceptible to extinction from              above (Factors A and C). Tables 1, 2, 3,
                                                      reproduction of those plants would be                   both random and nonrandom                             and 4 above list the population sizes
                                                      entirely eliminated. Maschinski et al.                  catastrophic natural or human-caused                  and the geographic ranges for S.
                                                      (2008, p. 28) recommended adjusting                     events. Species that are restricted to                reclinatum ssp. austrofloridense, D.
                                                      the timing of mowing to occur at least                  geographically limited areas are                      pauciflora, C. deltoidea ssp. pinetorum,
                                                      3 weeks after flowering is observed to                  inherently more vulnerable to extinction              and D. carthagenensis var. floridana.
                                                      allow a higher probability of adults                    than widespread species because of the                For example, table 2 lists Digitaria
                                                      setting fruit prior to the mowing event.                increased risk of genetic bottlenecks,                pauciflora as having 2 extant
                                                      With flexibility and proper instructions                random demographic fluctuations,                      populations (ENP and BCNP), one
                                                      to land managers and ground crews,                      effects of climate change, and localized              estimated at 1,000–10,000 plants and
                                                      mowing practices could be                               catastrophes such as hurricanes and                   the other with greater than 10,000
                                                      implemented in such a way as to scatter                 disease outbreaks (Mangel and Tier                    plants. The Service does not consider
                                                      seeds and reduce competition with little                1994, p. 607; Pimm et al. 1988, p. 757).              these as small populations; however, a
                                                      effect on population reproductive                       These problems are further magnified                  large wildfire or severe flooding could
                                                      output for the year (Maschinski et al.                  when populations are few and restricted               be catastrophic. As shown in 2016, D.
                                                      2008, p. 28). The exact impacts of                      to a very small geographic area, and                  pauciflora was impacted by fire in ENP
                                                      mowing also depend on the timing of                     when the number of individuals is very                and flooding in ENP and BCNP, proving
                                                      rainfall prior to and following mowing,                 small. Populations with these                         that the small geographic extent of the
                                                      and the numbers of plants in the                        characteristics face an increased                     existing populations is not sufficient to
                                                      population that have reached a                          likelihood of stochastic extinction due               eliminate the risk posed by large-scale
                                                      reproductive state.                                     to changes in demography, the                         disturbances.
                                                                                                              environment, genetics, or other factors               Effects of Climate Change
                                                      Recreation and Other Human Activities                   (Gilpin and Soule 1986, pp. 24–34).
                                                         Recreational use of off-road vehicles                   Small, isolated populations, such as                  Climatic changes, including sea level
                                                      (ORV) is a threat to Sideroxylon                        those in fragmented habitat, often                    rise (SLR), are major threats to the flora
                                                      reclinatum ssp. austrofloridense,                       exhibit reduced levels of genetic                     of south Florida, including Sideroxylon
                                                      Digitaria pauciflora, and Dalea                         variability, although the ultimate effect             reclinatum ssp. austrofloridense,
                                                      carthagenensis var. floridana                           of these changes is dependent on a                    Digitaria pauciflora, Chamaesyce
                                                      occurrences within BCNP (K. Bradley et                  plant’s specific life history, reproductive           deltoidea ssp. pinetorum, or Dalea
                                                      al. 2013, p. 3). Operators frequently veer              system, and interaction with pollinators              carthagenensis var. floridana. Our
                                                      off established trails, and plants can be               and dispersal vectors (which may                      analyses under the Act include
                                                      harmed or destroyed (Bradley and Gann                   themselves be affected by                             consideration of ongoing and projected
                                                      1999, p. 43). BCNP manages ORV access                   fragmentation) (Young et al. 1996, p.                 changes in climate. With regard to our
                                                      using a permit system, regulations, and                 413). While research results clearly                  analysis for Sideroxylon reclinatum ssp.
                                                      designated trails. However, there are                   indicate that isolation/fragmentation has             austrofloridense, Digitaria pauciflora,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      over 1,000 miles of ORV trails in BCNP,                 population genetic consequences for                   Chamaesyce deltoidea ssp. pinetorum,
                                                      and only one enforcement officer                        plants, consequences are varied and for               or Dalea carthagenensis var. floridana,
                                                      (Pernas pers. comm., 2016), making                      some species there may be a                           downscaled projections suggest that
                                                      enforcement of designated ORV trails a                  ‘‘fragmentation threshold’’ below which               SLR is the largest climate-driven
                                                      challenge. Current aerial imagery from                  genetic variation is not lost (Young et al.           challenge to low-lying coastal areas in
                                                      the Lostman’s Pine area of BCNP, where                  1996, p. 416). No such studies have                   the subtropical ecoregion of southern
                                                      Digitaria pauciflora occurs, shows a                    been conducted for Sideroxylon                        Florida (U.S. Climate Change Science
                                                      criss-cross pattern of multiple ORV                     reclinatum ssp. austrofloridense,                     Program (USCCSP) 2008, pp. 5–31, 5–
                                                      trails through the area. The Service is                 Digitaria pauciflora, Chamaesyce                      32).


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                                                      70300                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                         The long-term record at Key West                     Massachusetts Institute of Technology                 (IPCC 2008, p. 57; USCCSP 2008, p. 7–
                                                      shows that sea level rose on average                    (MIT) modeled several scenarios                       6).
                                                      0.229 cm (0.090 in) annually between                    combining various levels of SLR,                         The Science and Technology
                                                      1913 and 2013 (NOAA 2013, p. 1). This                   temperature change, and precipitation                 Committee of the Miami-Dade County
                                                      equates to approximately 22.9 cm (9.02                  differences with human population                     Climate Change Task Force (Wanless et
                                                      in) over the last 100 years. IPCC (2008,                growth, policy assumptions, and                       al. 2008, p. 1) recognized that
                                                      p. 28) emphasized it is very likely that                conservation funding changes (see                     significant SLR is a very real threat to
                                                      the average rate of SLR during the 21st                 Alternative Future Landscape Models,                  the near future for Miami-Dade County.
                                                      century will exceed the historical rate.                below). All of the scenarios, from small              In a January 2008 statement, the
                                                      Heat trapped by greenhouse gases                        climate change shifts to major changes,               committee warned that sea level is
                                                      causes atmospheric warming, but the                     indicate significant effects on coastal               expected to rise at least 0.9–1.5 m (3–
                                                      ocean is a vast heat sink where most of                 Miami-Dade County.                                    5 ft) within this century (Wanless et al.
                                                      the increased heat energy is stored. As                    Decades prior to inundation, pine                  2008, p. 3). With a 0.9–1.2 m (3–4 ft)
                                                      the water increases in temperature, its                 rocklands are likely to undergo                       rise in sea level (above baseline) in
                                                      volume expands. Due to the thermal                      vegetation shifts related to climate                  Miami-Dade County, spring high tides
                                                      dynamic properties of water, as                         change, triggered by changes to                       would be at about 6 to 7 ft; freshwater
                                                      projected temperatures increase, so does                hydrology (wetter), salinity (higher) and             resources would be gone; the Everglades
                                                      the volume of the ocean, and the rate of                increasing vulnerability to storm surge               would be inundated on the west side of
                                                      expansion. As a result, most models                     (pulse events causing massive erosion                 Miami-Dade County; the barrier islands
                                                      show a dramatic increase in the rate of                 and salinization of soils) (Saha et                   would be largely inundated; storm
                                                      SLR rise by mid-century. The IPCC                       al.2011, p. 82). Hydrology has a strong               surges would be devastating; landfill
                                                      Special Report on Emission Scenarios                    influence on plant distribution in these              sites would be exposed to erosion
                                                      (2000, entire) presented a range of                     and other coastal areas (IPCC 2008, p.                contaminating marine and coastal
                                                      scenarios based on the computed                         57). Such communities typically grade                 environments. Freshwater and coastal
                                                      amount of change in the climate system                  from saltwater to brackish to freshwater              mangrove wetlands will not keep up
                                                      due to various potential amounts of                     species. From the 1930s to 1950s,                     with or offset SLR of 2 ft per century or
                                                      anthropogenic greenhouse gases and                      increased salinity of coastal waters                  greater. With a 5-ft rise (spring tides at
                                                      aerosols in 2100. Each scenario                         contributed to the decline of cabbage                 nearly +8 ft), the land area of Miami-
                                                      describes a future world with varying                                                                         Dade County will be extremely
                                                                                                              palm forests in southwest Florida
                                                      levels of atmospheric pollution leading                                                                       diminished (Wanless et al. 2008, pp. 3–
                                                                                                              (Williams et al. 1999, pp. 2056–2059),
                                                      to corresponding levels of global                                                                             4).
                                                                                                              expansion of mangroves into adjacent                     Drier conditions and increased
                                                      warming and corresponding levels of                     marshes in the Everglades (Ross et al.
                                                      SLR. The IPCC Synthesis Report (2007,                                                                         variability in precipitation associated
                                                                                                              2000, pp. 101, 111), and loss of pine                 with climate change are expected to
                                                      entire) provided an integrated view of                  rockland in the Keys (Ross et al. 1994,
                                                      climate change and presented updated                                                                          hamper successful regeneration of
                                                                                                              pp. 144, 151–155). In one Florida Keys                forests and cause shifts in vegetation
                                                      projections of future climate change and                pine rockland with an average elevation
                                                      related impacts under different                                                                               types through time (Wear and Greis
                                                                                                              of 0.89 m (2.9 ft), Ross et al. (1994, pp.            2012, p. 39). Although this issue has not
                                                      scenarios.
                                                                                                              149–152) observed an approximately 65                 been well studied, existing pine
                                                         Subsequent to the 2007 IPCC Report,
                                                      the scientific community has continued                  percent reduction in an area occupied                 rocklands have probably been affected
                                                      to model SLR. Recent peer-reviewed                      by South Florida slash pine over a 70-                by reductions in the mean water table.
                                                      publications indicate a movement                        year period, with pine mortality and                  Climate changes are also forecasted to
                                                      toward increased acceleration of SLR.                   subsequent increased proportions of                   extend fire seasons and the frequency of
                                                      Observed SLR rates are already trending                 halophytic (salt-loving) plants occurring             large fire events throughout the Coastal
                                                      along the higher end of the 2007 IPCC                   earlier at the lower elevations. During               Plain (Wear and Greis 2012, p. 43).
                                                      estimates, and it is now widely held that               this same time span, local sea level had              These factors will likely cause an
                                                      SLR will exceed the levels projected by                 risen by 15 cm (6.0 in), and Ross et al.              increase in wildfires and exacerbate
                                                      the IPCC (Rahmstorf et al. 2012, p. 1;                  (1994, p. 152) found evidence of                      complications related to prescribed
                                                      Grinsted et al. 2010, p. 470). Taken                    groundwater and soil water salinization.              burning (i.e., less predictability related
                                                      together, these studies support the use                    Extrapolating this situation to pine               to rainfall, fuel moisture, and winds) or
                                                      of higher end estimates now prevalent                   rocklands on the mainland is not                      other management needed to restore and
                                                      in the scientific literature. Recent                    straightforward, but indications are that             maintain habitat for the four plants.
                                                      studies have estimated global mean SLR                  similar changes to species composition                While restoring fire to pine rocklands is
                                                      of 1–2 m (3.3–6.6 ft) by 2100 as follows:               could arise if current projections of SLR             essential to the long-term viability of
                                                      0.75–1.90 m (2.5–6.2 ft; Vermeer and                    occur and freshwater inputs are not                   Sideroxylon reclinatum ssp.
                                                      Rahmstorf 2009, p. 21530), 0.8–2.0 m                    sufficient to prevent salinization.                   austrofloridense, Digitaria pauciflora,
                                                      (2.6–6.6 ft; Pfeffer et al. 2008, p. 1342),             Furthermore, Ross et al. (2009, pp. 471–              Chamaesyce deltoidea ssp. pinetorum,
                                                      0.9–1.3 m (3.0–4.3 ft; Grinsted et al.                  478) suggested that interactions between              and Dalea carthagenensis var. floridana
                                                      2010, pp. 469–470), 0.6–1.6 m (2.0–5.2                  SLR and pulse disturbances (e.g., storm               populations, increases in the scale,
                                                      ft; Jevrejeva et al. 2010, p. 4), and 0.5–              surges) can cause vegetation to change                frequency, or severity of wildfires could
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      1.40 m (1.6–4.6 ft; National Resource                   sooner than projected based on sea level              have negative effects on these plants
                                                      Council 2012, p. 2).                                    alone. Alexander (1953, pp. 133–138)                  considering their general vulnerability
                                                         Other processes expected to be                       attributed the demise of pinelands on                 due to small population size, restricted
                                                      affected by projected warming include                   northern Key Largo to salinization of the             range, few occurrences, and relative
                                                      temperatures, rainfall (amount, seasonal                groundwater in response to SLR.                       isolation. Big, hot wildfires can destroy
                                                      timing, and distribution), and storms                   Patterns of human development will                    essential habitat features of pine
                                                      (frequency and intensity) (discussed                    also likely be significant factors                    rockland habitat. In addition, hot burns
                                                      more specifically under Environmental                   influencing whether natural                           with long residence times (which are
                                                      Stochasticity, below). The                              communities can move and persist                      more likely under wildfire conditions)


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                          70301

                                                      can also sterilize the soil seed bank and               elevation, transitioning from mangroves               austrofloridense and Dalea
                                                      cause a demographic crash in plant                      at sea level to salinity-intolerant interior          carthagenensis var. floridana, would
                                                      populations.                                            habitats, including pine rocklands and                likely be lost or significantly impacted
                                                                                                              hardwood hammocks within an                           by shifts in vegetation communities.
                                                      Alternative Future Landscape Models
                                                                                                              elevation change of 2 m (6.5 ft) above                Populations of Sideroxylon reclinatum
                                                         To accommodate the large uncertainty                 sea level. As a result, a rise of 1 m (3.3            ssp. austrofloridense, Chamaesyce
                                                      in SLR projections, researchers must                    ft) in sea level is expected to render                deltoidea ssp. pinetorum, and Dalea
                                                      estimate effects from a range of                        coastal systems susceptible to increased              carthagenensis var. floridana would
                                                      scenarios. Various model scenarios                      erosion and cause these areas to                      likely remain only at the highest
                                                      developed at MIT and GeoAdaptive Inc.                   transition from upland forest habitats to             elevations along the Miami Rock Ridge.
                                                      have projected possible trajectories of                 saline wetland habitats.                              In addition, many existing pine
                                                      future transformation of the south                         Prior to the onset of sustained                    rockland fragments are projected to be
                                                      Florida landscape by 2060 based upon                    inundation, there will be irreversible                developed for housing as the human
                                                      four main drivers: climate change, shifts               changes in vegetation composition                     population grows and adjusts to
                                                      in planning approaches and regulations,                 within these habitats. Shifts in habitat              changing sea levels under this scenario.
                                                      human population change, and                            toward hydric and saline ecosystems
                                                      variations in financial resources for                   may occur decades in advance of full                  Further or Additional Impacts Expected
                                                      conservation. The scenarios do not                      inundation, rendering the habitat                     Beyond 2060
                                                      account for temperature, precipitation,                 unsuitable for salt-intolerant species                   Further direct losses to extant
                                                      or species habitat shifts due to climate                including S. reclinatum ssp.                          populations of all four plants are
                                                      change, and no storm surge effects are                  austrofloridense, D. pauciflora, C.                   expected due to habitat loss and
                                                      considered. The current MIT scenarios                   deltoidea ssp. pinetorum, and D.                      modification from SLR through 2100.
                                                      range from an SLR of 0.09–1.0 m (0.3–                   carthagenensis var. floridana (Saha et                We analyzed existing sites that support
                                                      3.3 ft) by 2060 (Vargas-Moreno and                      al.2011, p. 82). As interior habitats                 populations of the four plants using the
                                                      Flaxman 2010, pp. 1–6).                                 become more saline there will be a                    National Oceanic and Atmospheric
                                                         Based on the most recent estimates of                reduction in freshwater inflows to the                Administration (NOAA) Sea Level Rise
                                                      anticipated SLR, the upward trend in                    estuarine portions of ENP and BCNP,                   and Coastal Impacts viewer. Below we
                                                      recent projections toward the higher                    accelerating losses in salinity-intolerant            discuss general implications of sea level
                                                      range of earlier SLR estimates                          coastal plant communities (Saha et al.                rise within the range of projections
                                                      (discussed above), and the data                         2011, p. 105), such as S. reclinatum ssp.             discussed above on the current
                                                      available to us at this time, we evaluated              austrofloridense, D. pauciflora, C.                   distribution of these species. The NOAA
                                                      potential effects of SLR using the                      deltoidea ssp. pinetorum, or D.                       tool uses 1-foot increments. Our
                                                      current ‘‘high’’ range MIT scenario as                  carthagenensis var. floridana.                        analysis is based on 0.91 m (3 ft) and 1.8
                                                      well as comparing elevations of                            Actual impacts may be greater or less              m (6 ft) of SLR.
                                                      remaining pine rockland fragments and                   than anticipated based upon the high                     Based on a higher SLR of 1.8 m (6 ft),
                                                      extant and historical occurrences of                    variability of factors involved (e.g., SLR,           as projected by NOAA, much larger
                                                      Sideroxylon reclinatum ssp.                             human population growth) and                          portions of urban Miami-Dade County,
                                                      austrofloridense, Digitaria pauciflora,                 assumptions made, but based on the                    including conservation areas, such as
                                                      Chamaesyce deltoidea ssp. pinetorum,                    current ‘‘high’’ range MIT scenario, pine             Navy Wells Pineland Preserve, will be
                                                      and Dalea carthagenensis var. floridana.                rocklands, marl prairies and associated               inundated by 2100. Under such a 1.8-
                                                      The ‘‘high’’ range (or ‘‘worst case’’) MIT              habitats along the coast in central and               meter SLR projection, both extant
                                                      scenario assumes high SLR (1 m (3.3 ft)                 southern Miami-Dade County would                      populations of D. pauciflora in ENP and
                                                      by 2060), low financial resources, a                    become inundated. The ‘‘new’’ sea level               BCNP would be almost entirely
                                                      ‘‘business as usual’’ approach to                       would occur at the southern end of the                inundated by 2100, and the species will
                                                      planning, and a doubling of human                       Miami Rock Ridge (the eastern edge of                 be extinct. Several extant occurrences of
                                                      population.                                             the Everglades). However, in decades                  Sideroxylon reclinatum ssp.
                                                         The rate of SLR will increase as time                prior to the fully anticipated sea level              austrofloridense, Chamaesyce deltoidea
                                                      passes. This is due to atmospheric and                  rise, changes in the water table and                  ssp. pinetorum, and Dalea
                                                      ocean warming and the thermal                           increased soil salinity from partial                  carthagenensis var. floridana would
                                                      expansion properties of water. In SLR                   inundation and storm surge will result                also be lost. The western part of urban
                                                      models the rate of sea level rise is                    in vegetation shifts within BCNP, ENP,                Miami-Dade County would also be
                                                      projected to increase dramatically                      and conservation lands on the southern                inundated (barring creation of sea walls
                                                      around mid-century.                                     Miami Rock Ridge. Inundation will                     or other barriers), creating a virtual
                                                         Most populations of Sideroxylon                      result in pine rocklands gaining                      island of the Miami Rock Ridge.
                                                      reclinatum ssp. austrofloridense,                       increased marl prairie characteristics.                  Following a 1.8-m (6-ft) rise in sea
                                                      Digitaria pauciflora, and Chamaesyce                    Marl prairies, in turn, will transition to            level, approximately 75 percent of
                                                      deltoidea ssp. pinetorum occur at                       sawgrass or more hydric conditions, due               presently extant pine rocklands on the
                                                      elevations less than 2 m (6.6 ft) above                 to increased inundation.                              Miami Rock Ridge would still remain
                                                      sea level, making these species highly                     As a result, species such as Digitaria             above sea level. However, an unknown
                                                      susceptible to increased storm surges                   pauciflora and Sideroxylon reclinatum                 percentage of remaining pine rockland
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      and related impacts associated with                     ssp. austrofloridense, which are most                 fragments would be negatively impacted
                                                      SLR. Areas of the Miami Rock Ridge in                   abundant within the ecotone between                   by water table and soil salinization,
                                                      Miami-Dade County (located to the east                  pine rocklands and marl prairies, will                which would be further exacerbated due
                                                      of ENP and BCNP) are higher elevation                   gradually decline as these habitat types              to isolation from mainland fresh water
                                                      (maximum of 7 m [22 ft] above sea level)                merge and eventually disappear. Under                 flows.
                                                      than those in BCNP (FNAI 2010, p. 62).                  this scenario, by 2060, all extant                       Projections of SLR above 1.8 m (6 ft)
                                                      However, plant communities along                        populations of Digitaria pauciflora, as               indicate that very little pine rockland
                                                      South Florida’s low-lying coasts are                    well as the largest populations of                    would remain, with the vast majority
                                                      organized along a mild gradient in                      Sideroxylon reclinatum ssp.                           either being inundated or experiencing


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                                                      70302                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      vegetation shifts, resulting in the                     influences, these species are at                      magnitude, direction, and distribution
                                                      extirpation of all known populations of                 substantial risk from hurricanes, storm               of all of these changes at the regional
                                                      Digitaria pauciflora, Sideroxylon                       surges, and other extreme weather.                    level are difficult to project.
                                                      reclinatum ssp. austrofloridense,                       Depending on the location and intensity
                                                                                                                                                                    Freezing Temperatures
                                                      Chamaesyce deltoidea ssp. pinetorum,                    of a hurricane or other severe weather
                                                      and Dalea carthagenensis var. floridana.                event, it is possible that the plants could             Occasional freezing temperatures that
                                                                                                              become extirpated or extinct.                         occur in south Florida pose a risk to
                                                      Environmental Stochasticity                                Hurricanes, storm surge, and extreme               Sideroxylon reclinatum ssp.
                                                         Endemic species whose populations                    high tide events are natural events that              austrofloridense, Digitaria pauciflora,
                                                      exhibit a high degree of isolation and                  can negatively impact these four plants.              Chamaesyce deltoidea ssp. pinetorum,
                                                      narrow geographic distribution, such as                 Hurricanes and tropical storms can                    or Dalea carthagenensis var. floridana,
                                                      Sideroxylon reclinatum ssp.                             modify habitat (e.g., through storm                   causing damage or death to individual
                                                      austrofloridense, Digitaria pauciflora,                 surge) and have the potential to destroy              plants. Under normal circumstances,
                                                      Chamaesyce deltoidea ssp. pinetorum,                    entire populations, physically washing                occasional freezing temperatures would
                                                      and Dalea carthagenensis var. floridana,                them away or leaving soil too saline for              not result in a significant impact to
                                                      are extremely susceptible to extinction                 them to persist. Climate change may                   populations of these plants; however,
                                                      from both random and nonrandom                          lead to increased frequency and                       the small size of some populations
                                                      catastrophic natural or human-caused                    duration of severe storms (Golladay et                means the loss from freezing events of
                                                      events. Small populations of species,                   al. 2004, p. 504; McLaughlin et al. 2002,             even a few individuals can reduce the
                                                      without positive growth rates, are                      p. 6074; Cook et al. 2004, p. 1015).                  viability of the population.
                                                      considered to have a high extinction                    Sideroxylon reclinatum ssp.                           Hydrology and Everglades Restoration
                                                      risk from site-specific demographic and                 austrofloridense, Digitaria pauciflora,
                                                      environmental stochasticity (Lande                      Chamaesyce deltoidea ssp. pinetorum,                     Hydrology is a key ecosystem
                                                      1993, pp. 911–927).                                     or Dalea carthagenensis var. floridana                component that affects rare plant
                                                         The climate of southern Florida is                   experienced these disturbances                        distributions and their viability (Gann et
                                                      driven by a combination of local,                       historically, but had the benefit of more             al. 2006, p. 4). Historically, sheet flow
                                                      regional, and global events, regimes, and               abundant and contiguous habitat to                    from Shark River Slough and Taylor
                                                      oscillations. There are three main                      buffer them from extirpations. With                   Slough did not reach the upland
                                                      ‘‘seasons’’: (1) the wet season, which is               most of the historical habitat having                 portions of Long Pine Key, but during
                                                      hot, rainy, and humid from June                         been destroyed or modified, the few                   the wet season increased surface water
                                                      through October; (2) the official                       remaining populations of these species                flow in sloughs generated a rise in
                                                      hurricane season that extends one                       could face local extirpations due to                  ground water across the region (Gann et
                                                      month beyond the wet season (June 1                     stochastic events.                                    al. 2006, p. 4). Water flow through Long
                                                      through November 30), with peak                            Other processes to be affected by                  Pine Key was originally concentrated in
                                                      season being August and September;                      climate change, related to                            marl prairies, traversing in a north-south
                                                      and (3) the dry season, which is drier                  environmental stochasticity, include                  direction; however, construction of the
                                                      and cooler, from November through                       temperatures, rainfall (amount, seasonal              main ENP road dissected Long Pine Key
                                                      May. In the dry season, periodic surges                 timing, and distribution), and storms                 in an east-west direction, thereby
                                                      of cool and dry continental air masses                  (frequency and intensity). Temperatures               impeding sheet flow across this area
                                                      influence the weather with short-                       are projected to rise from 2–5 °C (3.6–               (Gann et al. 2006, p. 4). Water was either
                                                      duration rain events followed by long                   9 °F) for North America by the end of                 impounded to the north of the main
                                                      periods of dry weather.                                 this century (IPCC 2007, pp. 7–9, 13).                ENP road or diverted around the
                                                         Florida is considered the most                       These factors will likely cause an                    southern portion of Long Pine Key
                                                      vulnerable State in the United States to                increase in wildfires and exacerbate                  through Taylor Slough and Shark River
                                                      hurricanes and tropical storms (Florida                 complications related to prescribed                   Slough (Gann et al. 2006, p. 4). As
                                                      Climate Center, http://coaps.fsu.edu/                   burning or other management needed to                 artificial drainage became more
                                                      climate_center). Based on data gathered                 restore and maintain habitat for the four             widespread, however, regional
                                                      from 1856 to 2008, Klotzbach and Gray                   plants. Based upon modeling, Atlantic                 groundwater supplies declined.
                                                      (2009, p. 28) calculated the                            hurricane and tropical storm                             While projects designed to restore the
                                                      climatological probabilities for each                   frequencies are expected to decrease                  historical hydrology of the Everglades
                                                      State being impacted by a hurricane or                  (Knutson et al. 2008, pp. 1–21). By                   and other natural systems in southern
                                                      major hurricane in all years over the                   2100, there should be a 10–30 percent                 Florida, including ENP and BCNP
                                                      152-year timespan. Of the coastal States                decrease in hurricane frequency.                      (collectively known as the
                                                      analyzed, Florida had the highest                       Hurricane frequency is expected to drop               Comprehensive Everglades Restoration
                                                      climatological probabilities, with a 51                 due to more wind shear impeding initial               Plan (CERP)), are beneficial to the
                                                      percent probability of a hurricane                      hurricane development. However,                       Everglades ecosystem, some may
                                                      (Category 1 or 2) and a 21 percent                      hurricane winds are expected to                       produce collateral impacts to extant
                                                      probability of a major hurricane                        increase by 5–10 percent, which will                  pine rockland, marl prairies, and
                                                      (Category 3 or higher). From 1856 to                    increase storm surge heights. This is due             associated habitats within the region
                                                      2015, Florida actually experienced 109                  to more hurricane energy being                        through inundation or increased
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      hurricanes and 36 major hurricanes.                     available for intense hurricanes. In                  hydroperiods. The effects of changes in
                                                      While not every hurricane will pass                     addition to climate change, weather                   regional hydrology through restoration
                                                      over south Florida, given the low                       variables are extremely influenced by                 may have impacts on the four plant
                                                      population sizes and restricted ranges of               other natural cycles, such as El Niño                species and their habitats. Sadle (2012,
                                                      Sideroxylon reclinatum ssp.                             Southern Oscillation with a frequency                 pers. comm.) suggested various CERP
                                                      austrofloridense, Digitaria pauciflora,                 of every 4–7 years, solar cycle (every 11             projects (such as C–111 spreader canal;
                                                      Chamaesyce deltoidea ssp. pinetorum,                    years), and the Atlantic Multi-decadal                L–31N seepage barrier), specifically the
                                                      and Dalea carthagenensis var. floridana                 Oscillation. All of these cycles influence            operation of pumps and associated
                                                      within locations prone to storm                         changes in Floridian weather. The exact               detention areas along the ENP


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                         70303

                                                      boundary, may influence (through                        County land managers. Many of the                     threats to Sideroxylon reclinatum ssp.
                                                      excessive water discharges) select                      remaining populations of these plants                 austrofloridense, Digitaria pauciflora,
                                                      portions of eastern Long Pine Key.                      are small and geographically isolated,                Chamaesyce deltoidea ssp. pinetorum,
                                                      Increased and longer-duration                           and genetic variability is likely low,                and Dalea carthagenensis var. floridana.
                                                      hydroperiods within the pine rockland                   increasing the inherent risk due to
                                                                                                                                                                    Sideroxylon reclinatum ssp.
                                                      and marl prairie habitats where these                   overall low resilience of these plants.
                                                                                                                                                                    austrofloridense
                                                      species occur may lead to a reduction in                The threats act together to impact
                                                      the amount of suitable habitat, a                       populations of Sideroxylon reclinatum                    Nine of 11 extant populations are
                                                      potential reduction in the area occupied                ssp. austrofloridense, Digitaria                      located on publicly owned conservation
                                                      and a reduction in the number of                        pauciflora, Chamaesyce deltoidea ssp.                 lands. This includes 10,000–100,000
                                                      individuals found in ENP and BCNP. It                   pinetorum, or Dalea carthagenensis var.               plants at ENP, and a small population
                                                      is unclear to what extent this may occur,               floridana.                                            at BCNP, where prescribed fire
                                                      if at all. In an effort to establish a                                                                        implementation has improved, and
                                                                                                              Cumulative Effects of Threats                         nonnative plant control efforts are
                                                      baseline assessment of future hydrologic
                                                      modifications, long-term monitoring                       When two or more threats affect                     adequate to beneficially manage habitat
                                                      transects and plots for Sideroxylon                     populations of Sideroxylon reclinatum                 for native species. In contrast, in the
                                                      reclinatum ssp. austrofloridense,                       ssp. austrofloridense, Digitaria                      scattered small populations on Miami-
                                                      Digitaria pauciflora, and Chamaesyce                    pauciflora, Chamaesyce deltoidea ssp.                 Dade habitat fragments, representing
                                                      deltoidea ssp. pinetorum were                           pinetorum, and Dalea carthagenensis                   half of the species’ historical range,
                                                      established in Long Pine Key between                    var. floridana, the effects of those                  habitat management currently is not
                                                      2003 and 2008 (Gann 2015, p. 169).                      threats could interact or become                      adequate due to the inability to conduct
                                                                                                              compounded, producing a cumulative                    prescribed fire. Increasing temperatures
                                                      Conservation Efforts To Reduce Other                    adverse effect that is greater than the               and changes in precipitation patterns
                                                      Natural or Manmade Factors Affecting                    impact of either threat alone. The most               associated with climate change will
                                                      Continued Existence                                     obvious cases in which cumulative                     likely cause an increase in wildfires and
                                                        NPS, the Service, Miami-Dade                          adverse effects would be significant are              exacerbate complications related to
                                                      County, and the State of Florida have                   those in which small populations                      prescribed burning or other
                                                      ongoing nonnative plant management                      (Factor E) are affected by threats that               management needed to restore and
                                                      programs to reduce threats on public                    result in destruction or modification of              maintain habitat for the species. In the
                                                      lands, as funding and resources allow.                  habitat (Factor A), ORV damage (Factor                current, fragmented landscape, dispersal
                                                      In Miami-Dade County, nonnative,                        E), or stochastic events, such as                     and genetic exchange for any of these
                                                      invasive plant management is very                       hurricanes, storm surges, wildfires                   smaller Miami-Dade populations is
                                                      active, with a goal to treat all publicly               (Factor E). The limited distributions                 unlikely, because they exist in isolated
                                                      owned properties at least once a year                   and/or small population sizes of many                 habitat patches surrounded by miles of
                                                      and more often in many cases. IRC and                   populations of S. reclinatum ssp.                     unsuitable habitat (agriculture and
                                                      FTBG conduct research and monitoring                    austrofloridense, D. pauciflora, C.                   urban development). Two privately
                                                      in various natural areas within Miami-                  deltoidea ssp. pinetorum, and D.                      owned sites in Miami supporting extant
                                                      Dade County and the Florida Keys for                    carthagenensis var. floridana make                    populations are vulnerable to
                                                      various endangered plant species and                    them extremely susceptible to the                     development. The largest populations
                                                      nonnative, invasive species. For the four               detrimental effects of further habitat                (ENP and BCNP) are vulnerable to
                                                      plants, monitoring detects declines that                modification, degradation, and loss, as               hydrologic changes related to
                                                      lead to small population size, changes                  well as other anthropogenic threats.                  Everglades restoration projects and SLR.
                                                      in habitat due to SLR, and declines due                 Mechanisms leading to the decline of S.                  SLR projections suggest future
                                                      to stochastic events. For nonnatives,                   reclinatum ssp. austrofloridense, D.                  inundation and modification to the
                                                      monitoring is an integral part of efforts               pauciflora, C. deltoidea ssp. pinetorum,              majority of Sideroxylon reclinatum ssp.
                                                      to detect and control invasive plant and                and D. carthagenensis var. floridana, as              austrofloridense habitat in ENP and
                                                      animal species.                                         discussed above, range from local (e.g.,              BCNP by 2060. Decades prior to
                                                                                                              agriculture) to regional (e.g.,                       inundation, however, pine rocklands,
                                                      Summary of Factor E
                                                                                                              development, fragmentation, nonnative                 marl prairies, and associated habitats
                                                         We have discussed threats from other                 species) to global influences (e.g., effects          within ENP and BCNP will undergo
                                                      natural or manmade factors including:                   of climate change, SLR). The synergistic              habitat transitions toward wetter, salt-
                                                      nonnative invasive plants, management                   effects of threats, such as impacts from              tolerant plant communities,
                                                      practices (such as mowing and                           hurricanes on a species with a limited                hydrological changes, and increasing
                                                      herbicide use), recreation (including                   distribution and small populations,                   vulnerability to storm surge. Although
                                                      ORV use), effects from small population                 make it difficult to predict population               the effects of SLR within urban Miami-
                                                      size and isolation, limited geographic                  viability. While these stressors may act              Dade fragments may be less severe,
                                                      range, and stochastic events including                  in isolation, it is more probable that                these pine rocklands will, at a
                                                      hurricanes, storm surges, and wildfires.                many stressors are acting                             minimum, experience partial
                                                      Additionally, these plants are                          simultaneously (or in combination) on                 inundations and vegetation shifts. In
                                                      particularly vulnerable to the effects of               populations of S. reclinatum ssp.                     addition, many existing Miami-Dade
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      climate change, including SLR, as                       austrofloridense, D. pauciflora, C.                   pine rockland fragments are projected to
                                                      changes in the water table, increased                   deltoidea ssp. pinetorum, and D.                      be developed for housing as the human
                                                      soil salinity from partial inundation,                  carthagenensis var. floridana, making                 population grows and adjusts to
                                                      and storm surge will likely result in                   them more vulnerable.                                 changing sea levels under this scenario.
                                                      vegetation shifts in the decades prior to
                                                      the fully anticipated sea level rise. Some              Proposed Determination                                Digitaria pauciflora
                                                      of these threats (e.g., nonnative species)                We have carefully assessed the best                   Only two of five historical Digitaria
                                                      may be reduced on public lands due to                   scientific and commercial data available              pauciflora locations are extant. They are
                                                      active programs by Federal, State, and                  regarding the past, present, and future               located in BCNP (>10,000 plants) and


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                                                      70304                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      ENP (1,000–10,000 plants) on publicly                   plants at ENP and 1,000 plants at Navy                Charles Deering Estate, and 307 plants
                                                      owned conservation lands where habitat                  Wells pineland, where habitat                         at R. Hardy Matheson Preserve, where
                                                      management (prescribed fire and                         management (prescribed fire and                       current habitat management does not
                                                      nonnative plant control) is ongoing and                 nonnative plant control) is ongoing, and              allow for prescribed fire to be conducted
                                                      includes addressing a backlog of long-                  includes addressing a backlog of long-                on a consistent basis. Higher
                                                      unburned sites that could result in                     unburned sites that could result in                   temperatures and changes in
                                                      larger wildfires if burns are not                       larger wildfires if burns are not                     precipitation patterns associated with
                                                      implemented. In addition, although we                   implemented. In contrast, in the                      climate change will likely cause an
                                                      do not have evidence of direct impacts,                 scattered small populations on Miami-                 increase in wildfires and exacerbate
                                                      given the mapped overlap of ORV trails                  Dade habitat fragments, representing                  complications related to prescribed
                                                      with Digitaria pauciflora locations, ORV                half of the species’ historical range,                burning or other management needed to
                                                      use in BCNP has likely resulted in                      current habitat management does not                   restore and maintain habitat for the
                                                      damage to Digitaria pauciflora plants                   allow for prescribed fire to be conducted             species. In the current, fragmented
                                                      and habitat. The scattered small                        on a consistent basis. Increasing                     landscape, dispersal and genetic
                                                      populations that once occurred in                       temperatures and changes in                           exchange between Miami-Dade
                                                      Miami-Dade habitat fragments,                           precipitation patterns associated with                populations is unlikely, because they
                                                      representing the remainder of the                       climate change will likely cause an                   exist in isolated habitat patches
                                                      species’ historical range, are extirpated,              increase in wildfires and exacerbate                  surrounded by miles of unsuitable
                                                      and current habitat management does                     complications related to prescribed                   habitat (agriculture and urban
                                                      not allow for prescribed fire to be                     burning or other management needed to                 development). Three privately owned
                                                      conducted on a consistent basis.                        restore and maintain habitat for the                  sites in Miami supporting extant
                                                      Increasing temperatures and changes in                  species. In the current, fragmented                   populations are vulnerable to
                                                      precipitation patterns associated with                  landscape, dispersal and genetic                      development, two of which support 17
                                                      climate change will likely cause an                     exchange for any of these smaller                     and 21 plants each. The population
                                                      increase in wildfires and exacerbate                    Miami-Dade populations is unlikely,                   within BCNP is vulnerable to
                                                      complications related to prescribed                     because they exist in isolated habitat                hydrological changes related to
                                                      burning or other management needed to                   patches surrounded by miles of                        Everglades restoration projects and SLR.
                                                      restore and maintain habitat for the                    unsuitable habitat (agriculture and                      Numerous populations of all plants
                                                      species.                                                urban development). Eight privately                   have been extirpated from these species’
                                                         Digitaria pauciflora previously                      owned sites in Miami supporting extant                historical ranges, and the primary
                                                      occurred within the Richmond Pine                       populations are vulnerable to                         threats of habitat destruction and
                                                      Rocklands, an area that retains the                     development, two of which support                     modification resulting from human
                                                      largest remaining contiguous privately                  1,000–10,000 plants each. The largest                 population growth and development,
                                                      and publicly owned pine rocklands in                    population (Long Pine Key, ENP) is                    agricultural conversion, and inadequate
                                                      Miami-Dade County, outside of ENP. In                   vulnerable to hydrological changes                    fire management (Factor A); competition
                                                      terms of restoring the species’ historical              related to Everglades restoration projects            from nonnative, invasive species (Factor
                                                      range, the Richmond Pine Rocklands                      and SLR.                                              E); changes in climatic conditions,
                                                      would serve as one of the most                             SLR projections suggest future                     including SLR and changes in
                                                      important sites in Miami-Dade County                    inundation and modification to the                    hydrology (Factor E); and natural
                                                      for recovery efforts (i.e., reintroduction).            majority of Chamaesyce deltoidea spp.                 stochastic events, including hurricanes,
                                                      The largest populations (ENP and                        pinetorum habitat by 2060. Decades                    storm surges, and wildfires (Factor E)
                                                      BCNP) are vulnerable to hydrological                    prior to inundation, however, pine                    are threats for the existing populations.
                                                      changes related to Everglades                           rocklands, marl prairies, and associated              Existing regulatory mechanisms have
                                                      restoration projects and SLR.                           habitats within ENP and BCNP will                     not reduced or removed threats
                                                         SLR projections suggest future partial               undergo habitat transitions toward                    impacting the four plants from the other
                                                      inundation and modification to the                      wetter, salt-tolerant plant communities,              factors (see Factor D discussion). These
                                                      majority of D. pauciflora habitat by                    hydrological changes, and increasing                  threats are ongoing, rangewide, and
                                                      2060. Decades prior to inundation,                      vulnerability to storm surge. Although                expected to continue in the future. A
                                                      however, pine rocklands, marl prairies,                 the effects of SLR within urban Miami-                significant percentage of populations of
                                                      and associated habitats within ENP and                  Dade fragments may be less severe,                    the four plants are relatively small and
                                                      BCNP will undergo habitat transitions                   these pine rocklands will, at a                       isolated from one another, and their
                                                      toward wetter, salt-tolerant plant                      minimum, experience partial                           ability to recolonize suitable habitat is
                                                      communities, hydrological changes, and                  inundations and vegetation shifts. In                 unlikely without human intervention, if
                                                      increase in vulnerability to storm surge.               addition, many existing Miami-Dade                    at all. The threats have had and will
                                                      Although the effects of SLR within                      pine rockland fragments are projected to              continue to have substantial adverse
                                                      urban Miami-Dade fragments may be                       be developed for housing as the human                 effects on Sideroxlyon reclinatum ssp.
                                                      less severe, these pine rocklands will, at              population grows and adjusts to                       austrofloridense, Digitaria pauciflora,
                                                      a minimum, experience partial                           changing sea levels under this scenario.              Chamaesyce deltoidea ssp. pinetorum,
                                                      inundations and vegetation shifts. In                                                                         and Dalea carthagenensis var. floridana
                                                                                                              Dalea carthagenensis var. floridana
                                                      addition, many existing Miami-Dade                                                                            and their habitats. Although attempts
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      pine rockland fragments are projected to                  Six of 9 extant populations are located             are ongoing to alleviate or minimize
                                                      be developed for housing as the human                   on publicly owned conservation lands.                 some of these threats at certain
                                                      population grows and adjusts to                         This total includes 253 plants at BCNP                locations, all populations appear to be
                                                      changing sea levels under this scenario.                (Monroe County), where prescribed fire                impacted by one or more threats.
                                                                                                              and nonnative plant control efforts are                  The Act defines an endangered
                                                      Chamaesyce deltoidea ssp. pinetorum                     adequate to beneficially manage habitat               species as ‘‘any species which is in
                                                        Eleven of 20 extant populations are                   for native species. The two other largest             danger of extinction throughout all or a
                                                      located on publicly owned conservation                  populations occur in Miami-Dade                       significant portion of its range’’ and a
                                                      lands. This includes 10,000–100,000                     County and consist of 347 plants at                   threatened species as ‘‘any species


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                          70305

                                                      which is likely to become an                            reclinatum ssp. austrofloridense,                     coordinate their recovery efforts and
                                                      endangered species within the                           Digitaria pauciflora, and Chamaesyce                  provide estimates of the cost of
                                                      foreseeable future throughout all or a                  deltoidea ssp. pinetorum as threatened                implementing recovery tasks. Recovery
                                                      significant portion of its range.’’ We find             species and Dalea carthagenensis var.                 teams (composed of species experts,
                                                      that Dalea carthagenensis var. floridana                floridana as an endangered species                    Federal and State agencies,
                                                      is presently in danger of extinction                    throughout all of their ranges, no                    nongovernmental organizations, and
                                                      throughout its entire range due to the                  portion of their ranges can be                        stakeholders) are often established to
                                                      immediacy and severity of threats                       ‘‘significant’’ for purposes of the                   develop recovery plans. If these species
                                                      currently impacting the species. The                    definitions of ‘‘endangered species’’ and             are listed, a recovery outline, draft
                                                      risk of extinction is high because there                ‘‘threatened species.’’ See the Service’s             recovery plan, and the final recovery
                                                      are few (9) extant populations and the                  SPR Policy (79 FR 37578, July 1, 2014).               plan will be available on our Web site
                                                      majority of the populations are small                                                                         (http://www.fws.gov/endangered), or
                                                                                                              Available Conservation Measures
                                                      and isolated, and have limited to no                                                                          from our South Florida Ecological
                                                      potential for recolonization. Therefore,                  Conservation measures provided to                   Service Field Office (see FOR FURTHER
                                                      on the basis of the best available                      species listed as endangered or                       INFORMATION CONTACT).
                                                      scientific and commercial information,                  threatened under the Act include                         Implementation of recovery actions
                                                      we propose to list Dalea carthagenensis                 recognition, recovery actions,                        generally requires the participation of a
                                                      var. floridana as an endangered species                 requirements for Federal protection, and              broad range of partners, including other
                                                      in accordance with sections 3(6) and                    prohibitions against certain practices.               Federal agencies, States, Tribes,
                                                      4(a)(1) of the Act. We find that a                      Recognition through listing results in                nongovernmental organizations,
                                                      threatened species status is not                        public awareness and conservation by                  businesses, and private landowners.
                                                      appropriate for this species because of                 Federal, State, Tribal, and local                     Examples of recovery actions include
                                                      the contracted range and small                          agencies, private organizations, and                  habitat restoration (e.g., restoration of
                                                      population size of Dalea carthagenensis                 individuals. The Act encourages                       native vegetation), research, captive-
                                                      var. floridana and because of the current               cooperation with the States and other                 propagation and reintroduction, and
                                                      magnitude and severity of the threats on                countries and calls for recovery actions              outreach and education. The recovery of
                                                      the plant. Because the species is already               to be carried out for listed species. The             many listed species cannot be
                                                      in danger of extinction throughout its                  protection required by Federal agencies               accomplished solely on Federal lands
                                                      range, a threatened species status is not               and the prohibitions against certain                  because their range may occur primarily
                                                      appropriate.                                            activities are discussed, in part, below.             or solely on non-Federal lands. To
                                                         Sideroxlyon reclinatum ssp.                            The primary purpose of the Act is the               achieve recovery of these species
                                                      austrofloridense, Digitaria pauciflora,                 conservation of endangered and                        requires cooperative conservation efforts
                                                      and Chamaesyce deltoidea ssp.                           threatened species and the ecosystems                 on private, State, and Tribal lands. If
                                                      pinetorum face threats similar to Dalea                 upon which they depend. The ultimate                  these species are listed, funding for
                                                      carthagenensis var. floridana. However,                 goal of such conservation efforts is the              recovery actions will be available from
                                                      we find that endangered species status                  recovery of these listed species, so that             a variety of sources, including Federal
                                                      is not appropriate for these three                      they no longer need the protective                    budgets, State programs, and cost-share
                                                      species. While we have evidence of                      measures of the Act. Subsection 4(f) of               grants for non-Federal landowners, the
                                                      threats under Factors A and E affecting                 the Act calls for the Service to develop              academic community, and
                                                      the species, large populations of these                 and implement recovery plans for the                  nongovernmental organizations. In
                                                      three species are protected and actively                conservation of endangered and                        addition, pursuant to section 6 of the
                                                      managed at ENP and BCNP (Sideroxylon                    threatened species. The recovery                      Act, the State of Florida would be
                                                      reclinatum ssp. austrofloridense, ENP                   planning process involves the                         eligible for Federal funds to implement
                                                      (10,000–100,000 plants); Digitaria                      identification of actions that are                    management actions that promote the
                                                      pauciflora, BCNP (>10,000 plants), and                  necessary to halt or reverse the species’             protection or recovery of the four plants.
                                                      ENP (1,000–10,000 plants); and                          decline by addressing the threats to its              Information on our grant programs that
                                                      Chamaesyce deltoidea ssp. pinetorum                     survival and recovery. The goal of this               are available to aid species recovery can
                                                      ENP (10,000–100,000 plants)). Short-                    process is to restore listed species to a             be found at: http://www.fws.gov/grants.
                                                      and medium-term threats to these three                  point where they are secure, self-                       Although Sideroxylon reclinatum ssp.
                                                      species in these protected areas are                    sustaining, and functioning components                austrofloridense, Digitaria pauciflora,
                                                      being addressed. On the other hand,                     of their ecosystems.                                  Chamaesyce deltoidea ssp. pinetorum,
                                                      SLR is projected to have profound                         Recovery planning includes the                      and Dalea carthagenensis var. floridana
                                                      negative effects on the habitat of these                development of a recovery outline                     are only proposed for listing under the
                                                      plants in the foreseeable future.                       shortly after a species is listed and                 Act at this time, please let us know if
                                                      Therefore, based on the best available                  preparation of a draft and final recovery             you are interested in participating in
                                                      information, we find that Sideroxlyon                   plan. The recovery outline guides the                 recovery efforts for these species.
                                                      reclinatum ssp. austrofloridense,                       immediate implementation of urgent                    Additionally, we invite you to submit
                                                      Digitaria pauciflora, and Chamaesyce                    recovery actions and describes the                    any new information on these plants
                                                      deltoidea ssp. pinetorum are likely to                  process to be used to develop a recovery              whenever it becomes available and any
                                                      become endangered species within the                    plan. Revisions of the plan may be done               information you may have for recovery
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                                                      foreseeable future throughout all or a                  to address continuing or new threats to               planning purposes (see FOR FURTHER
                                                      significant portion of its range, and we                the species, as new substantive                       INFORMATION CONTACT).
                                                      propose to list these species as                        information becomes available. The                       Section 7(a) of the Act requires
                                                      threatened species in accordance with                   recovery plan also identifies recovery                Federal agencies to evaluate their
                                                      sections 3(20) and 4(a)(1) of the Act.                  criteria for review of when a species                 actions with respect to any species that
                                                                                                              may be ready for downlisting or                       is proposed or listed as an endangered
                                                      Significant Portion of the Range                        delisting, and methods for monitoring                 or threatened species and with respect
                                                        Because we have determined that we                    recovery progress. Recovery plans also                to its critical habitat, if any is
                                                      are proposing to list Sideroxylon                       establish a framework for agencies to                 designated. Regulations implementing


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                                                      70306                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      this interagency cooperation provision                  provisions of 50 CFR 17.61, provided                  the effect of a proposed listing on
                                                      of the Act are codified at 50 CFR part                  that a statement that the seeds are of                proposed and ongoing activities within
                                                      402. Section 7(a)(4) of the Act requires                ‘‘cultivated origin’’ accompanies the                 the range of species proposed for listing.
                                                      Federal agencies to confer with the                     seeds or their container during the                   Based on the best available information,
                                                      Service on any action that is likely to                 course of any activity otherwise subject              the following actions are unlikely to
                                                      jeopardize the continued existence of a                 to these regulations.                                 result in a violation of section 9, if these
                                                      species proposed for listing or result in                  Preservation of native flora of Florida            activities are carried out in accordance
                                                      destruction or adverse modification of                  (Florida Statutes 581.185) sections (3)(a)            with existing regulations and permit
                                                      proposed critical habitat. If a species is              and (b) provide limited protection to                 requirements; this list is not
                                                      listed subsequently, section 7(a)(2) of                 species listed in the State of Florida                comprehensive:
                                                      the Act requires Federal agencies to                    Regulated Plant Index including                          (1) Import any such species into, or
                                                      ensure that activities they authorize,                  Sideroxylon reclinatum ssp.                           export any such species from, the
                                                      fund, or carry out are not likely to                    austrofloridense, Digitaria pauciflora,               United States;
                                                      jeopardize the continued existence of                   Chamaesyce deltoidea ssp. pinetorum,                     (2) Remove and reduce to possession
                                                      the species or destroy or adversely                     and Dalea carthagenensis var. floridana               any such species from areas under
                                                      modify its critical habitat. If a Federal               as described under Factor D, The                      Federal jurisdiction; maliciously
                                                      action may affect a listed species or its               Inadequacy of Existing Regulatory                     damage or destroy any such species on
                                                      critical habitat, the responsible Federal               Mechanisms. Federal listing increases                 any such area; or remove, cut, dig up,
                                                      agency must enter into consultation                     protection for these plants by making                 or damage or destroy any such species
                                                      with the Service.                                       violations of section 3 of the Florida                on any other area in knowing violation
                                                         Federal agency actions within these                  Statute punishable as a Federal offense               of any law or regulation of any State or
                                                      species’ habitat that may require                       under section 9 of the Act. This                      in the course of any violation of a State
                                                      conference or consultation or both as                   provision provides increased protection               criminal trespass law;
                                                      described in the preceding paragraph                    from unauthorized collecting and                         (3) Deliver, receive, carry, transport,
                                                      and include management and any other                    vandalism for the plants on State and                 or ship in interstate or foreign
                                                      landscape-altering activities on Federal                private lands, where they might not                   commerce, by any means whatsoever
                                                      lands administered by the U.S. Fish and                 otherwise be protected by the Act, and                and in the course of a commercial
                                                      Wildlife Service, National Park Service,                increases the severity of the penalty for             activity, any such species;
                                                      and Department of Defense; issuance of                  unauthorized collection, vandalism, or                   (4) Sell or offer for sale in interstate
                                                      section 404 Clean Water Act permits by                  trade in these plants.                                or foreign commerce any such species;
                                                      the Army Corps of Engineers;                               The Service acknowledges that it                      (5) Introduce any nonnative wildlife
                                                      construction and management of gas                      cannot fully address some of the natural              or plant species to the State of Florida
                                                      pipeline and power line rights-of-way                   threats facing Sideroxylon reclinatum                 that competes with or preys upon
                                                      by the Federal Energy Regulatory                        ssp. austrofloridense, Digitaria                      Sideroxylon reclinatum ssp.
                                                      Commission; construction and                            pauciflora, Chamaesyce deltoidea ssp.                 austrofloridense, Digitaria pauciflora,
                                                      maintenance of roads or highways by                     pinetorum, and Dalea carthagenensis                   Chamaesyce deltoidea ssp. pinetorum,
                                                      the Federal Highway Administration;                     var. floridana (e.g., hurricanes, storm               and Dalea carthagenensis var. floridana;
                                                      and disaster relief efforts conducted by                surge) or even some of the other                         (6) Release any unauthorized
                                                      the Federal Emergency Management                        significant, long-term threats (e.g.,                 biological control agents that attack any
                                                      Agency.                                                 climatic changes, SLR). However,                      life stage of Sideroxylon reclinatum ssp.
                                                         With respect to endangered plants,                   through listing, we provide protection to             austrofloridense, Digitaria pauciflora,
                                                      prohibitions outlined at 50 CFR 17.61                   the known populations and any new                     Chamaesyce deltoidea ssp. pinetorum,
                                                      make it illegal for any person subject to               population of these plants that may be                and Dalea carthagenensis var. floridana;
                                                      the jurisdiction of the United States to                discovered (see discussion below). With               or
                                                      import or export, transport in interstate               listing, we can also influence Federal                   (7) Engage in unauthorized
                                                      or foreign commerce in the course of a                  actions that may potentially impact this              manipulation or modification of the
                                                      commercial activity, sell or offer for sale             plant (see discussion below); this                    habitat of Sideroxylon reclinatum ssp.
                                                      in interstate or foreign commerce, or to                protection is especially valuable if these            austrofloridense, Digitaria pauciflora,
                                                      remove and reduce to possession any                     plants are found at additional locations.             Chamaesyce deltoidea ssp. pinetorum,
                                                      such plant species from areas under                        We may issue permits to carry out                  and Dalea carthagenensis var. floridana
                                                      Federal jurisdiction. In addition, for                  otherwise prohibited activities                       on Federal lands.
                                                      endangered plants, the Act prohibits                    involving endangered plants under                        Questions regarding whether specific
                                                      malicious damage or destruction of any                  certain circumstances. Regulations                    activities would constitute a violation of
                                                      such species on any area under Federal                  governing permits are codified at 50                  section 9 of the Act should be directed
                                                      jurisdiction, and the removal, cutting,                 CFR 17.62 and 17.72. With regard to                   to the Field Supervisor of the Service’s
                                                      digging up, or damaging or destroying of                endangered plants, the Service may                    South Florida Ecological Services Office
                                                      any such species on any other area in                   issue a permit authorizing any activity               (see FOR FURTHER INFORMATION CONTACT).
                                                      knowing violation of any State law or                   otherwise prohibited by 50 CFR 17.61                  Requests for copies of regulations
                                                      regulation, or in the course of any                     and 17.72 for scientific purposes or for              regarding listed species and inquiries
                                                      violation of a State criminal trespass                  enhancing the propagation or survival of              about prohibitions and permits should
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                                                      law. Exceptions to these prohibitions                   endangered plants.                                    be addressed to the U.S. Fish and
                                                      are outlined in 50 CFR 17.62.                              It is our policy, as published in the              Wildlife Service, Ecological Services
                                                         With respect to threatened plants, the               Federal Register on July 1, 1994 (59 FR               Division, Endangered Species Permits,
                                                      prohibitions outlined at 50 CFR 17.71                   34272), to identify to the maximum                    1875 Century Boulevard, Atlanta, GA
                                                      include all of the provisions in 50 CFR                 extent practicable at the time a species              30345 (Phone 404–679–7140; Fax 404–
                                                      17.61 that apply to endangered plants,                  is listed, those activities that would or             679–7081).
                                                      with one exception: seeds of cultivated                 would not constitute a violation of                      If Sideroxylon reclinatum ssp.
                                                      specimens of species treated as                         section 9 of the Act. The intent of this              austrofloridense, Digitaria pauciflora,
                                                      threatened shall be exempt from all                     policy is to increase public awareness of             Chamaesyce deltoidea ssp. pinetorum,


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                                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules                                           70307

                                                      and Dalea carthagenensis var. floridana                 specific areas outside the geographical               determinable when one or both of the
                                                      are listed under the Act, the State of                  area occupied by the species at the time              following situations exists: (1)
                                                      Florida’s Endangered Species Act                        it is listed upon a determination by the              information sufficient to perform
                                                      (Florida Statutes 581.185) is                           Secretary that such areas are essential               required analysis of the impacts of the
                                                      automatically invoked, which would                      for the conservation of the species.                  designation is lacking; or (2) the
                                                      also prohibit take of these plants and                  Section 3(3) of the Act defines                       biological needs of the species are not
                                                      encourage conservation by State                         conservation as to use and the use of all             sufficiently well known to permit
                                                      government agencies. Further, the State                 methods and procedures which are                      identification of an area as critical
                                                      may enter into agreements with Federal                  necessary to bring any endangered                     habitat. On the basis of a review of
                                                      agencies to administer and manage any                   species or threatened species to the                  available information, we find that
                                                      area required for the conservation,                     point at which the measures provided                  critical habitat for Sideroxylon
                                                      management, enhancement, or                             pursuant to the Act are no longer                     reclinatum ssp. austrofloridense,
                                                      protection of endangered species                        necessary.’’                                          Digitaria pauciflora, Chamaesyce
                                                      (Florida Statutes 581.185). Funds for                      Section 4(a)(3) of the Act, as                     deltoidea ssp. pinetorum, and Dalea
                                                      these activities could be made available                amended, and implementing regulations                 carthagenensis var. floridana is not
                                                      under section 6 of the Act (Cooperation                 (50 CFR 424.12), require that, to the                 determinable because the specific
                                                      with the States). Thus, the Federal                     maximum extent prudent and                            information sufficient to perform the
                                                      protection afforded to these plants by                  determinable, the Secretary will                      required analysis of the impacts of the
                                                      listing them as threatened or                           designate critical habitat at the time the            designation is currently lacking.
                                                      endangered species would be reinforced                  species is determined to be an
                                                      and supplemented by protection under                    endangered or threatened species. Our                 Required Determinations
                                                      State law.                                              regulations (50 CFR 424.12(a)(1)) state               Clarity of the Rule
                                                         Activities that the Service believes                 that the designation of critical habitat is
                                                      could potentially harm these four plants                not prudent when one or both of the                      We are required by Executive Orders
                                                      include, but are not limited to:                        following situations exist:                           12866 and 12988 and by the
                                                         (1) Actions that would significantly                    (1) The species is threatened by taking            Presidential Memorandum of June 1,
                                                      alter the hydrology or substrate, such as               or other human activity, and                          1998, to write all rules in plain
                                                      ditching or filling. Such activities may                identification of critical habitat can be             language. This means that each rule we
                                                      include, but are not limited to, road                   expected to increase the degree of threat             publish must:
                                                      construction or maintenance, and                        to the species, or                                       (1) Be logically organized;
                                                      residential, commercial, or recreational                   (2) Such designation of critical habitat              (2) Use the active voice to address
                                                      development.                                            would not be beneficial to the species.               readers directly;
                                                         (2) Actions that would significantly                    There is currently no imminent threat                 (3) Use clear language rather than
                                                      alter vegetation structure or                           of take attributed to collection or                   jargon;
                                                      composition, such as clearing vegetation                vandalism under Factor B for these                       (4) Be divided into short sections and
                                                      for construction of residences, facilities,             species, and identification and mapping               sentences; and
                                                      trails, and roads.                                      of critical habitat is not expected to                   (5) Use lists and tables wherever
                                                         (3) Actions that would introduce                     initiate any such threat. Therefore, in               possible.
                                                      nonnative species that would                            the absence of finding that the                          If you feel that we have not met these
                                                      significantly alter vegetation structure or             designation of critical habitat would                 requirements, send us comments by one
                                                      composition. Such activities may                        increase threats to a species, if there are           of the methods listed in ADDRESSES. To
                                                      include, but are not limited to,                        any benefits to a critical habitat                    better help us revise the proposed rule,
                                                      residential and commercial                              designation, a finding that designation               your comments should be as specific as
                                                      development, and road construction.                     is prudent is warranted. Here, the                    possible. For example, you should tell
                                                         (4) Application of herbicides, or                    potential benefits of designation                     us the numbers of the sections or
                                                      release of contaminants, in areas where                 include: (1) Triggering consultation                  paragraphs that are unclearly written,
                                                      these plants occur. Such activities may                 under section 7 of the Act, in new areas              which sections or sentences are too
                                                      include, but are not limited to, natural                for actions in which there may be a                   long, the sections where you feel lists or
                                                      resource management, management of                      Federal nexus where it would not                      tables would be useful, etc.
                                                      right of ways, residential and                          otherwise occur because, for example, it
                                                                                                                                                                    National Environmental Policy Act (42
                                                      commercial development, and road                        is unoccupied; (2) focusing conservation
                                                                                                                                                                    U.S.C. 4321 et seq.)
                                                      construction.                                           activities on the most essential features
                                                         Questions regarding whether specific                 and areas; (3) providing educational                    We have determined that
                                                      activities would constitute a violation of              benefits to State or county governments               environmental assessments and
                                                      section 9 of the Act should be directed                 or private entities; and (4) preventing               environmental impact statements, as
                                                      to the Service’s South Florida Ecological               people from causing inadvertent harm                  defined under the authority of the
                                                      Services Field Office (see FOR FURTHER                  to these species.                                     National Environmental Policy Act,
                                                      INFORMATION CONTACT).                                      Because we have determined that the                need not be prepared in connection
                                                                                                              designation of critical habitat will not              with listing a species as an endangered
                                                      Critical Habitat                                        likely increase the degree of threat to the           or threatened species under the
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                                                         Section 3(5)(A) of the Act defines                   species and may provide some measure                  Endangered Species Act. We published
                                                      critical habitat as ‘‘(i) the specific areas            of benefit, we determine that                         a notice outlining our reasons for this
                                                      within the geographical area occupied                   designation of critical habitat is prudent            determination in the Federal Register
                                                      by the species, at the time it is listed                for Sideroxylon reclinatum ssp.                       on October 25, 1983 (48 FR 49244).
                                                      . . . on which are found those physical                 austrofloridense, Digitaria pauciflora,
                                                      or biological features (I) essential to the                                                                   Government-to-Government
                                                                                                              Chamaesyce deltoidea ssp. pinetorum,
                                                      conservation of the species and (II)                                                                          Relationship With Tribes
                                                                                                              and Dalea carthagenensis var. floridana.
                                                      which may require special management                       Our regulations (50 CFR 424.12(a)(2))                 No Native American tribes are
                                                      considerations or protection; and (ii)                  further state that critical habitat is not            affected by the proposed rule.


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                                                      70308                      Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Proposed Rules

                                                      References Cited                                                  List of Subjects in 50 CFR Part 17                            Authority: 16 U.S.C. 1361–1407; 1531–
                                                                                                                                                                                    1544; 4201–4245; unless otherwise noted.
                                                        A complete list of references cited in                            Endangered and threatened species,
                                                      this rulemaking is available on the                               Exports, Imports, Reporting and                             ■  2. In § 17.12(h) add entries for
                                                                                                                        recordkeeping requirements,                                 ‘‘Chamaesyce deltoidea ssp.
                                                      Internet at http://www.regulations.gov at
                                                                                                                        Transportation.                                             pinetorum’’, ‘‘Dalea carthagenensis var.
                                                      Docket No. FWS–R4–ES–2016–0090 and
                                                      upon request from the South Florida                               Proposed Regulation Promulgation                            floridana’’, ‘‘Digitaria pauciflora’’, and
                                                      Ecological Services Field Office (see FOR                           Accordingly, we propose to amend                          ‘‘Sideroxylon reclinatum ssp.
                                                      FURTHER INFORMATION CONTACT).                                     part 17, subchapter B of chapter I, title                   austrofloridense’’ to the List of
                                                                                                                        50 of the Code of Federal Regulations,                      Endangered and Threatened Plants in
                                                      Authors                                                                                                                       alphabetical order under Flowering
                                                                                                                        as set forth below:
                                                        The primary authors of this proposed                                                                                        Plants to read as set forth below:
                                                      rule are the staff members of the South                           PART 17—ENDANGERED AND
                                                                                                                        THREATENED WILDLIFE AND PLANTS                              § 17.12    Endangered and threatened plants.
                                                      Florida Ecological Services Field Office.
                                                                                                                                                                                    *       *    *         *    *
                                                                                                                        ■ 1. The authority citation for part 17
                                                                                                                        continues to read as follows:                                   (h) * * *

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

                                                                      FLOWERING PLANTS

                                                             *                    *                                       *                            *                       *                   *                       *
                                                      Chamaesyce deltoidea ssp. pinetorum ..........                   Pineland sandmat .....          Wherever found         T         [Federal Register citation of the final rule].

                                                               *                     *                                     *                           *                       *                   *                       *
                                                      Dalea carthagenensis var. floridana ..............               Florida prairie-clover          Wherever found         E         [Federal Register citation of the final rule].

                                                                *                           *                              *                           *                       *                   *                       *
                                                      Digitaria pauciflora .........................................   Florida pineland crab-          Wherever found         T         Federal Register citation of the final rule].
                                                                                                                         grass.

                                                               *                    *                                     *                            *                       *                   *                       *
                                                      Sideroxylon reclinatum ssp. austrofloridense                     Everglades bully .......        Wherever found         T         [Federal Register citation of the final rule].

                                                                  *                            *                            *                          *                       *                       *                    *



                                                        Dated: September 29, 2016.
                                                      Stephen Guertin
                                                      Acting Director, U.S. Fish and Wildlife
                                                      Service.
                                                      [FR Doc. 2016–24140 Filed 10–7–16; 8:45 am]
                                                      BILLING CODE 4333–15–P
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Document Created: 2018-02-13 16:34:13
Document Modified: 2018-02-13 16:34:13
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 December 12, 2016. Comments submitted electronically using the Federal
ContactRoxanna Hinzman, Field Supervisor, U.S. Fish and Wildlife Service, South Florida Ecological Services 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 Citation81 FR 70282 
RIN Number1018-BB48
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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