[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Proposed Rules]
[Pages 68070-68093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21667]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2023-0158; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BG40
Endangered and Threatened Wildlife and Plants; Threatened Species
Status With Section 4(d) Rule for Short-Tailed Snake
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list the short-tailed snake (Lampropeltis extenuata), a snake species
from peninsular Florida, as a threatened species under the Endangered
Species Act of 1973, as amended (Act). This determination also serves
as our 12-month finding on a petition to list the short-tailed snake.
After a review of the best available scientific and commercial
information, we find that listing the species is warranted.
Accordingly, we propose to list the short-tailed snake as a threatened
species with a rule issued under section 4(d) of the Act (``4(d)
rule''). If we finalize this rule as proposed, it would add this
species to the List of Endangered and Threatened Wildlife and extend
the Act's protections to the species.
DATES: We will accept comments received or postmarked on or before
December 4, 2023. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES,
[[Page 68071]]
below) must be received by 11:59 p.m. eastern time on the closing date.
We must receive requests for a public hearing, in writing, at the
address shown in FOR FURTHER INFORMATION CONTACT by November 17, 2023.
ADDRESSES: Written comments: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R4-ES-2023-0158,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R4-ES-2023-0158, U.S. Fish and Wildlife Service,
MS: PRB/3W, 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 https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: Supporting materials, such as
the species status assessment report, are available on the Service's
website at https://www.fws.gov/office/florida-ecological-services/library and at https://www.regulations.gov under Docket No. FWS-R4-ES-
2023-0158.
FOR FURTHER INFORMATION CONTACT: Lourdes Mena, Classification and
Recovery Division Manager, U.S. Fish and Wildlife Service, Florida
Ecological Services Office, 7915 Baymeadows Way, Suite 200,
Jacksonville, FL 32256-7517; telephone: 352-749-2462. Individuals in
the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
For a summary of the rule, please see the ``rule summary document'' in
docket FWS-R4-ES-2023-0158 on https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act (16 U.S.C. 1531 et
seq.), a species warrants listing if it meets the definition of an
endangered species (in danger of extinction throughout all or a
significant portion of its range) or a threatened species (likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range). If we determine that a
species warrants listing, we must list the species promptly and
designate the species' critical habitat to the maximum extent prudent
and determinable. We have determined that the short-tailed snake meets
the Act's definition of a threatened species; therefore, we are
proposing to list it as such. Listing a species as an endangered or
threatened species can be completed only by issuing a rule through the
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
What this document does. We propose to list the short-tailed snake
as a threatened species with a rule issued under section 4(d) of the
Act.
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species because of 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 short-tailed snake is
a threatened species due to the following threats: loss and degradation
of habitat from urbanization and other historical and ongoing land use
changes (such as agriculture and mining) and lack of habitat management
(such as lack of prescribed fire in an ecosystem-appropriate interval).
The effects of climate change are also likely to exacerbate the impact
of other threats on the short-tailed snake.
Section 4(a)(3) of the Act requires the Secretary of the Interior
(Secretary), to the maximum extent prudent and determinable, to
designate critical habitat concurrent with listing. Section 3(5)(A) of
the Act defines critical habitat as (i) the specific areas within the
geographical area occupied by the species, at the time it is listed, on
which are found those physical or biological features (I) essential to
the conservation of the species and (II) which may require special
management considerations or protections; and (ii) specific areas
outside the geographical area occupied by the species at the time it is
listed, upon a determination by the Secretary that such areas are
essential for the conservation of the species. Section 4(b)(2) of the
Act states that the Secretary must make the designation on the basis of
the best scientific data available and after taking into consideration
the economic impact, the impact on national security, and any other
relevant impacts of specifying any particular area as critical habitat.
We determined that designating critical habitat for the short-
tailed snake is prudent but not determinable. We will coordinate with
partners to obtain data sufficient to perform the required analysis of
the impacts to inform our critical habitat designation. When critical
habitat is not determinable, the Act allows the Service an additional
year to publish a critical habitat designation (16 U.S.C.
1533(b)(6)(C)(ii)).
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other 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 species' biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns
and the locations of any additional populations of this species;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Threats and conservation actions affecting the species,
including:
(a) Factors that may be affecting the continued existence of the
species, which may include habitat modification or destruction,
overutilization, disease, predation, the inadequacy of existing
regulatory mechanisms, or other natural or manmade factors.
(b) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species.
[[Page 68072]]
(c) Existing regulations or conservation actions that may be
addressing threats to this species.
(3) Additional information concerning the historical and current
status of this species.
(4) The reasons why any habitat should or should not be determined
to be critical habitat for the short-tailed snake as provided by
section 4 of the Act, including physical or biological features within
the areas that are occupied or specific areas outside the geographic
areas that are occupied that are essential for the conservation of the
species.
(5) Whether we should consider evaluating populations of the short-
tailed snake as distinct population segments.
(6) Information on regulations that may be necessary and advisable
to provide for the conservation of the short-tailed snake and that we
can consider in developing a 4(d) rule for the species; in particular,
we seek information concerning the extent to which we should include
any of the Act's section 9 prohibitions in the 4(d) rule or whether we
should consider any additional exceptions from the prohibitions in the
4(d) rule.
(7) Whether the measures outlined in the proposed 4(d) rule are
necessary and advisable for the conservation of the short-tailed snake.
We particularly seek comments concerning:
(a) Whether we should include a provision excepting incidental take
resulting from habitat management activities that maintain or restore
short-tailed snake habitat including implementation of prescribed fire,
actions to reduce the threat of invasive species including feral hogs,
or other activities that result in more suitable habitat conditions for
the species.
(b) Whether we should include a provision excepting incidental take
from silviculture practices and forestry activities that follow best
management practices and how those practices should be described
including spatial or temporal restrictions or determents, or additional
best management practices.
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, do not provide substantial
information necessary to support a determination. Section 4(b)(1)(A) of
the Act directs that determinations as to whether any species is an
endangered or a threatened species must be made solely on the basis of
the best scientific and commercial data available, and section 4(b)(2)
of the Act directs that the Secretary shall designate critical habitat
on the basis of the best scientific 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 https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. 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 https://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 https://www.regulations.gov.
Our final determination may differ from this proposal because we
will consider all comments we receive during the comment period as well
as any information that may become available after the publication of
this proposal. Based on the new information we receive (and, if
relevant, any comments on that new information), we may conclude that
the species is endangered instead of threatened, or we may conclude
that the species does not warrant listing as either an endangered
species or a threatened species. In addition, we may change the
parameters of the prohibitions or the exceptions to those prohibitions
in the 4(d) rule if we conclude it is appropriate in light of comments
and new information received. For example, we may expand the
prohibitions to include prohibiting additional activities if we
conclude that those additional activities are not compatible with
conservation of the species. Conversely, we may establish additional
exceptions to the prohibitions in the final rule if we conclude that
the activities would facilitate or are compatible with the conservation
and recovery of the species. In our final rule, we will clearly explain
our rationale and the basis for our final decision, including why we
made changes, if any, that differ from this proposal.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing. We may hold the public hearing in person or virtually via
webinar. We will announce any public hearing on our website, in
addition to the Federal Register. The use of virtual public hearings is
consistent with our regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
On July 11, 2012, the Service received a petition from the Center
for Biological Diversity and six individual petitioners, requesting
that we list 53 species of reptiles and amphibians, including the
short-tailed snake, as endangered or threatened species under the Act
(CBD 2012, entire). On September 18, 2015, we published in the Federal
Register (80 FR 56423) a 90-day finding that the petition contained
substantial information indicating that listing the short-tailed snake
may be warranted. This document constitutes our 12-month finding on the
July 11, 2012, petition to list the short-tailed snake under the Act.
Peer Review
A species status assessment (SSA) team prepared an SSA report for
the short-tailed snake. The SSA team was composed of Service biologists
and contracted assistance, in consultation with other species experts.
The SSA report represents a compilation of the best scientific and
commercial data available concerning the status of the species,
including the impacts of past, present, and future factors (both
negative and beneficial) affecting the species.
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review in
listing actions under the Act, we solicited independent scientific
review of the information contained in the short-tailed snake SSA
report. We sent the SSA report to six independent peer reviewers and
received three responses. Results of this structured peer review
process can be found at
[[Page 68073]]
https://www.regulations.gov. In preparing this proposed rule, we
incorporated the results of these reviews, as appropriate, into the SSA
report, which is the foundation for this proposed rule.
Summary of Peer Reviewer Comments
As discussed in Peer Review, above, we received comments from three
peer reviewers on the draft SSA report. We reviewed all comments we
received from the peer reviewers for substantive issues and new
information regarding the contents of the SSA report.
The peer reviewers generally concurred with our methods and
conclusions, and provided additional information, clarifications, and
suggestions, including recommendations regarding the effects of
temperature, impacts of feral hogs and silvicultural practices
implemented without best management practices, and other editorial
suggestions. No substantive changes to our analysis and conclusions
within the SSA report were deemed necessary, and peer reviewer comments
are addressed in version 1.0 of the SSA report.
1. Proposed Listing Determination
Background
A thorough species description and review of the taxonomy, habitat
and life history, and historical and current range and distribution of
the short-tailed snake is presented in the SSA report (Service 2021,
pp. 5-8).
The short-tailed snake is a small colubrid (the most common family
of snakes) with an average length ranging from 31-53 centimeters (cm)
(12-21 inches (in)) that occurs in xeric uplands (e.g., sandhill,
scrub, and xeric hammock) associated with central ridge formations in
central peninsular Florida. Prior to 2000, the species was known to
occur in 17 Florida counties. It has been documented in 11 of those
counties since 2000.
Information regarding the short-tailed snake's natural history,
life history, and habitat use is limited. The short-tailed snake is a
fossorial species (i.e., it lives primarily underground) that requires
loose, well-drained, sandy soils associated with xeric uplands that
include an open canopy of widely spaced trees and shrubs with ample
areas of exposed soils. These habitat features allow the species to
burrow and live underground. The short-tailed snake requires sufficient
prey that includes small snakes, such as the Florida crowned snake
(Tantilla relicta); the Florida worm lizard (Rhineura floridana); and
skink species. Each of the species' populations needs a sufficient
number of individuals within habitat patches of adequate area and
quality, and all the populations need connectivity for genetic
exchange. Connectivity requires suitable habitat that is relatively
unfragmented by roads and characterized by wide, undisrupted habitat
corridors. Unfragmented habitat allows for long-distance dispersal over
time (generations) that could contribute to the maintenance of gene
flow across the range. A lack of periodic gene flow between populations
can exacerbate impacts of various stressors and reduce the genetic
diversity necessary for adaptation. Dispersal of individual short-
tailed snakes is not well known; however, long-distance dispersal
(greater than 5 kilometers (km) (3.1 miles (mi))) is likely rare (Enge
2021a, pers. comm.; Moler 2021, pers. comm.). Movement across areas of
unsuitable habitat is thought to be limited to 1 km (0.6 mi).
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species. In 2019, jointly with the National Marine Fisheries
Service, the Service issued a final rule that revised the regulations
in 50 CFR part 424 regarding how we add, remove, and reclassify
endangered and threatened species and the criteria for designating
listed species' critical habitat (84 FR 45020; August 27, 2019). On the
same day, the Service also issued final regulations that, for species
listed as threatened species after September 26, 2019, eliminated the
Service's general protective regulations automatically applying to
threatened species the prohibitions that section 9 of the Act applies
to endangered species (84 FR 44753; August 27, 2019).
The Act defines an ``endangered species'' as a species that is in
danger of extinction throughout all or a significant portion of its
range, and a ``threatened species'' as a species that is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range. The Act requires that we
determine whether any species is an endangered species or a threatened
species because of any of the following 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.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the species' expected response and
the effects of the threats--in light of those actions and conditions
that will ameliorate the threats--on an individual, population, and
species level. We evaluate each threat and its expected effects on the
species, then analyze the cumulative effect of all of the threats on
the species as a whole. We also consider the cumulative effect of the
threats in light of those actions and conditions that will have
positive effects on the species, such as any existing regulatory
mechanisms or conservation efforts. The Secretary determines whether
the species meets the definition of an ``endangered species'' or a
``threatened species'' only after conducting this cumulative analysis
and describing the expected effect on the species now and in the
foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened
[[Page 68074]]
species.'' Our implementing regulations at 50 CFR 424.11(d) set forth a
framework for evaluating the foreseeable future on a case-by-case
basis. The term ``foreseeable future'' extends only so far into the
future as we can reasonably determine that both the future threats and
the species' responses to those threats are likely. In other words, the
foreseeable future is the period of time in which we can make reliable
predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define the foreseeable
future as a particular number of years. Analysis of the foreseeable
future uses the best scientific and commercial data available and
should consider the timeframes applicable to the relevant threats and
to the species' likely responses to those threats in view of its life-
history characteristics. Data that are typically relevant to assessing
the species' biological response include species-specific factors such
as lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including an assessment of the potential
threats to the species. The SSA report does not represent our decision
on whether the species should be proposed for listing as an endangered
or threatened species under the Act. However, it does provide the
scientific basis that informs our regulatory decisions, which involve
the further application of standards within the Act and its
implementing regulations and policies.
To assess short-tailed snake viability, we used the three
conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency is the ability of the species to withstand environmental and
demographic stochasticity (for example, wet or dry, warm or cold
years); redundancy is the ability of the species to withstand
catastrophic events (for example, droughts, large pollution events);
and representation is the ability of the species to adapt to both near-
term and long-term changes in its physical and biological environment
(for example, climate conditions, pathogens). In general, species
viability will increase with increases in resiliency, redundancy, and
representation (Smith et al. 2018, p. 306). Using these principles, we
identified the species' ecological requirements for survival and
reproduction at the individual, population, and species levels, and
described the beneficial and risk factors influencing the species'
viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical
and current condition of the species' demographics and habitat
characteristics, including an explanation of how the species arrived at
its current condition. The final stage of the SSA involved making
predictions about the species' responses to positive and negative
environmental and anthropogenic influences. Throughout all of these
stages, we used the best available information to characterize
viability as the ability of a species to sustain populations in the
wild over time, which we then used to inform our regulatory decision.
The following is a summary of the key results and conclusions from
the SSA report; the full SSA report can be found at Docket FWS-R4-ES-
2023-0158 on https://www.regulations.gov and at https://www.fws.gov/office/florida-ecological-services/library.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of the
species and its resources, and the threats that influence the species'
current and future condition, to assess the species' overall viability
and the risks to that viability. We analyze these factors both
individually and cumulatively to determine the current condition of the
species and project the future condition of the species under several
plausible future scenarios.
Species Needs
We assessed the best available information to identify the physical
and biological needs to support all life stages for the short-tailed
snake. We identified the specific ecological needs for individuals to
survive and reproduce, as well as needs to support viable populations
(see table 1, below). Much of the life history and habitat needs of the
short-tailed snake are unknown or assumed to be similar to genus or
family characteristics. We determined the main elements essential to
the survival and reproductive success of short-tailed snake
individuals: sandy soils, cover, and adequate prey. Populations require
the same elements as individuals, and connectivity between populations
is important for breeding and dispersal, even though individuals are
otherwise limited in longer distance movements.
Table 1--The Ecological Requisites for Survival and Reproductive Success of Short-Tailed Snake Individuals and
Populations
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Survival and
Life stage reproductive Resource function (BFSD) \1\ Description
requisites
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Egg, Juvenile, Adult............. Sandy soils......... All.......................... Supports burrowing and
fossorial
characteristics.
Juvenile, Adult.................. Cover............... All.......................... Provides refuge from
predation, creates
needed microclimate
conditions; supports
prey species. The type
of habitat and cover
used changes
seasonally.
Juvenile, Adult.................. Adequate prey....... F............................ Adult \2\: Small snakes
(e.g., Florida crowned
snake) and lizards.
Juvenile \2\: unknown,
but likely
invertebrates.
Adult............................ Connectivity between B, D......................... Supports genetic
suitable habitats. exchange.
----------------------------------------------------------------------------------------------------------------
\1\ The function of each resource or circumstance is indicated (Breeding--B; Feeding--F; Sheltering--S;
Dispersal--D).
\2\ Juveniles are snakes less than 30 centimeters (cm) in length, and adults are those 30 cm or longer.
[[Page 68075]]
Factors Influencing Species Viability
The following discussion provides a summary of the primary factors
that affect or may affect the current and future condition of the
short-tailed snake. The best available information indicates that the
loss and degradation of habitat from urbanization and other land use
changes, such as agriculture and mining, is the primary threat to the
species. Below, we address this primary threat and the individual and
cumulative effects of potential threats, while also considering
conservation measures that may provide protections to the species.
Urbanization
Human population growth in an area leads to increased commercial
and residential development. Population growth in Florida is not evenly
distributed, and predicted land use change from undeveloped (e.g.,
agriculture and natural areas) to developed is most significant in
central Florida (Carr and Zwick 2016, p. 5). Between 1980 and 2020, all
Florida counties within the known range of the short-tailed snake have
experienced significant growth in human populations, with the largest
increases occurring in Hernando, Lake, Gilchrist, and Orange Counties
(331, 250, 212, and 201 percent, respectively), and this growth is
expected to continue in the future, with increases ranging between 1
and 70 percent by 2045. The largest increases are anticipated in
Highlands, Lake, Orange, and Pasco Counties within the species' range
(70, 46, 39, and 32 percent, respectively) (Florida Office of Economic
and Demographic Research (FEDR) 2020, entire).
Compared to historical conditions, Florida's xeric upland natural
communities are extensively reduced, altered, and, in many areas,
isolated. This is particularly evident in longleaf pine-dominated
sandhills and scrub communities on the ridges of central Florida and
the Gulf Coast of Florida (Kautz et al. 1993, p. 141; Enge et al. 2003,
p. 11; Kautz et al. 2007, p. 21). In 1987, sandhills covered
approximately 2.4 percent of Florida, which reflects an 88 percent loss
from an estimated coverage of 20 percent in 1936. Scrub communities
declined 59 percent in coverage during the same period (Kautz et al.
1993, p. 143). In a 14-year period from 1989 to 2003, 11 percent of
sandhill and 10 percent of scrub natural communities were lost to
urbanization or other land uses, with 4 percent of each of these
habitats lost to agriculture (Kautz et al. 2007, p. 19). Future losses
of sandhill and scrub habitats where the short-tailed snake occurs are
expected as Florida's human population continues to increase and
development expands (Carr and Zwick 2016, entire).
Road construction and expansion and the resulting traffic
associated with urbanization and development can cause direct mortality
of short-tailed snakes. Although road mortality affects individuals and
populations of short-tailed snakes adjacent to roads, individual short-
tailed snakes typically move short distances, making it more likely
that individuals immediately adjacent to roads would be susceptible to
vehicular mortality, particularly during seasonal periods of high
surface activity (Florida Fish and Wildlife Conservation Commission
(FWC) 2011, p. 5; FWC 2013, p. 5). Most short-tailed snake populations
are not adjacent to roadways, and given the species' mostly short-
distance movements, effects of roads are likely limited. We primarily
focus our analyses on the threat of habitat fragmentation from roads.
Observed short-tailed snake mortality on roadways indicates that roads
may act as a barrier to dispersal. Roads are prominent features of
urbanized and developing areas and contribute to the isolation and
fragmentation of snake populations even when road use is avoided by
snakes. As urbanization and development increase, snakes may be more
likely to attempt road crossings as pressures to disperse increase,
habitat patch sizes decrease, and urban edge to habitat area ratios
increase (Breininger et al. 2004, 2011, and 2012, entire).
Urbanization also creates conditions favorable to the establishment
and spread of nonnative, invasive species in areas adjacent to and
nearby short-tailed snake habitat. Nonnative, invasive plants have the
potential to alter and degrade natural communities and influence short-
tailed snakes through habitat degradation. Sandhills in some areas of
the species' range are impacted by the invasion of the nonnative cogon
grass (Imperata cylindrica). Predation from nonnative species, such as
red imported fire ants (Solenopsis invicta), feral hogs (Sus scrofa),
and domestic dogs (Canis lupus familiaris) and cats (Felis catus), is
known to cause direct mortality to reptiles and likely impacts short-
tailed snake individuals or populations. Short-tailed snakes occur in
areas of urbanization where suitable, connected habitat remains.
However, we do not have information on whether the species can persist
in urbanized areas where suitable habitat has been altered or
information on the long-term trend of the species' occurrences in
urbanized areas (FWC 2013, p. 5; Enge 2021a, pers. comm.).
In sum, urbanization impacts many wildlife species through the loss
and fragmentation or degradation of habitat (including encroachment,
succession, and invasive species), increased road mortality, increased
human persecution, and increased predation by domestic animals (such as
feral and free-roaming cats and dogs). While research is lacking to
quantify the effects of urbanization on the short-tailed snake,
continued urbanization is expected to continue to drive habitat loss
and degradation in the species' range. Highly urbanized areas are not
likely to support healthy populations of the short-tailed snake (Enge
et al. 2003, p. 11; Enge 2016, p. 4; FWC 2019, p. 3); however, this
species has been observed in subdivisions within xeric uplands that
retain some natural ground cover components likely to support
populations of prey species, such as the Florida crowned snake
(Campbell and Moler 1992, p. 153; FWC 2013, p. 24; FWC 2019, p. 2).
There are also records of short-tailed snake observations from
roadways, carports, woodsheds, foundation excavations, driveways, yards
(e.g., pools), and within a home in a developed area (Krysko et al.
2019, pp. 473-475; FWC 2020, unpaginated; Enge 2021b, pers. comm.).
Land Use and Management
Short-tailed snakes are unlikely to maintain viability in areas
affected by the removal of native landcover, reduction of prey, or the
alteration of soil characteristics (e.g., loose, sandy soil) required
for fossorial species. Therefore, changes in land use and management
impact short-tailed snakes at the individual level and, to some degree,
at the population level as discussed further below.
Agriculture
Agriculture is a significant portion of Florida's economy, and
agricultural land use includes cattle grazing, improved pasture, row
cropping, and citrus and hay production. Between 1989 and 2003, the
intensification of agricultural land use in central Florida was
notable, particularly the conversion of natural and semi-natural land
cover types to agriculture (Kautz et al. 2007, pp. 21-22). As of 2020,
approximately 24 percent of Florida (3.9 million hectares (ha) (9.7
million acres (ac))) was in agricultural production, consisting of
47,400 commercial farms (e.g., cropland and ranchland) with an average
farm size of 205 acres (USDA 2022, unpaginated). A large portion of the
short-tailed snake's range includes areas of improved pasture and
cropland/pasture landcover types. The level of
[[Page 68076]]
historical impacts of these cover types and associated land uses on the
short-tailed snake are uncertain, but likely reduced the availability
and connectivity of suitable upland habitat. The stressor of
agriculture is expected to be ongoing and affect the species in the
future, but to a lesser extent as much of the prime upland agricultural
land has already been developed. Within the range of the short-tailed
snake, conversion to cropland is projected to make up small proportion
of the projected habitat loss (2 to 3 percent) (Service 2021, p. 64).
The high, dry natural communities needed by the short-tailed snake
also are favorable for citrus production (Campbell and Moler 1992, p.
152). Approximately 262,000 ha (648,000 ac) of citrus are identified
within the range of the short-tailed snake. While the presence of
citrus groves results in habitat loss (Florida Natural Areas Inventory
(FNAI) 2001, p. 2), it is possible that short-tailed snakes can persist
in groves where pockets of natural cover and soil conditions are
present or where higher quality habitat is adjacent. Additionally,
overall citrus production has declined over the last 19 years in
Florida, with citrus-bearing grove area declining from more than
750,000 acres in 2000 to around 381,000 acres in 2020, primarily due to
losses associated with disease (Court et al. 2021, pp. 4, 23) and
pressure from residential and commercial development. Citrus groves
have been converted to residential and commercial development within
the range of the species and the potential for future conversion of
citrus land to development exists, as does the potential for citrus
groves to lie fallow. Although we do not have information to spatially
or temporally project the extent and magnitude of citrus grove
conversion, the impact on the species is expected to be negative where
short-tailed snakes occur in citrus groves that are converted to more
urbanized landscapes.
Mining
Mining occurs in the range of the short-tailed snake and
contributes to localized habitat fragmentation and loss. Phosphate,
limestone, sand, gravel, and heavy minerals are mined extensively in
Florida, and these practices are expected to continue. Mining
activities include the removal of vegetation. The top 15 to 30 feet of
earth (e.g., overburden) is removed, followed by extraction of the
mineral or ore-bearing layer that often contains a heavy sand component
(Florida Department of Environmental Protection (FDEP) 2021,
unpaginated). Mining practices in general remove vegetation, alter soil
profiles, and destroy habitat (Volk et al. 2017, p. 58), and areas
where these practices occur no longer support the short-tailed snake.
Within the range of the species, mining of sand and gravel is expected
to continue into the future with some additional mining of limestone,
phosphate, and heavy minerals in the short-tailed snake's range.
Although mining may affect the habitat and individuals or populations
of short-tailed snake, the loss of suitable habitat due to mining
practices rangewide is expected to be limited (1 to 2 percent of
expected suitable habitat loss).
While sand mining is likely to continue to increase with
urbanization (sand is the principal component in concrete and glass
building materials), expansion of sand mining in some counties (e.g.,
Lake County) is restricted (Beiser 2019, p. 3; Silvas 2021,
unpaginated). In addition, the Green Swamp area within Polk and Lake
Counties is designated as an ``Area of Critical State Concern,'' a
designation that provides protections to valuable hydrologic functions
in the area (FDEP 2020, unpaginated). Phosphate mines occupy more than
182,108 ha (450,000 ac) within the State, and phosphate mining occurs
on the margin of the known range of the short-tailed snake, with the
largest phosphate mines within the short-tailed snake's range occurring
in Polk and Hillsborough Counties. Although we do not have information
that mining practices have resulted in the extirpation of short-tailed
snake occurrences, areas within the short-tailed snake's range that
have been mined using earth removal techniques do not meet the species'
life-history requirements and are not expected to support the species.
Silviculture
Many areas of natural and planted pine and hardwood forests in
Florida are managed for the production of a wide variety of forest
products. The State has approximately 7 million ha (17 million ac) of
forestland, representing 50 percent of its total land area;
approximately two-thirds of these forestlands are in private ownership
(Florida Department of Agriculture and Consumer Services (FDACS) 2021,
p. 8). Forestlands managed for timber and other forest products are
most typically represented by pine plantations (e.g., pineland cover
type). A comparison of pineland cover type between 1989 and 2003 shows
a loss of some pineland areas to urbanization but otherwise minimal
change in overall extent (Kautz et al. 2007, pp. 18-19, 22). Projected
future increases in silvicultural land uses are expected to impact an
additional 2,100 ha (5,200 ac) of short-tailed snake habitat as
calculated using data derived from the FOREcasting SCEnarios of Land
Use Change model (FORE-SCE; described in chapter 5 of the SSA report
(Service 2021, pp. 58-60)).
Little is known about the impacts of silvicultural activities
(e.g., thinning, clear cuts, site treatments, selected tree species,
tree densities, and rotation length) on the short-tailed snake.
Typically, forest management practices in working forests incorporate
best management practices. Although some management activities may
cause short-term habitat degradation, many management regimes may also
enhance short-tailed snake habitat (e.g. long rotation, frequent fire
return intervals).
Habitat Management
Habitat management practices incompatible with the short-tailed
snake's needs include absent or infrequent fire management; mechanical
activities that disturb soil; and management objectives that favor
heavy shrub layers, closed canopy conditions, or excessive leaf litter
accumulations. These activities have the potential to alter or degrade
short-tailed snake habitat. The best available information indicates
that these threats are acting at the population level and impacting the
overall species (Service 2021, pp. 30-32).
Effects of Climate Change
The primary climate-related threat to the short-tailed snake is
alteration and loss of habitat. Sea level rise in coastal areas will
displace the human population to higher elevation areas. This
displacement will potentially exacerbate habitat destruction for upland
species, such as the short-tailed snake, through further urbanization
and development.
Vegetation communities representative of short-tailed snake habitat
(e.g., sandhill, scrub, and xeric hammock) are expected to respond to
rising temperatures, variable precipitation patterns, and subsequent
alteration to fire regimes with a shift in natural community structure
over time (U.S. Federal Government 2021, unpaginated). Additionally,
there likely will be a more limited burn window for fire management due
to rising temperatures and declining fuel moisture, particularly during
the growing season (Kupfer et al. 2020, pp. 774-775). A more limited
burn window may result in less prescribed fire
[[Page 68077]]
(habitat management) implemented in short-tailed snake habitat, leading
to detrimental succession and more closed canopy and accumulated leaf
litter conditions.
Natural fire return intervals associated with short-tailed snake
habitat vary among natural community types, with the fire frequency in
intact sandhill communities in Florida ranging between 1 and 3 years
(FNAI 2010, pp. 9, 47). The fire return frequency in scrub natural
community variants (e.g., oak scrub, rosemary scrub, and sand pine
scrub) ranges between 3 and 70 years with the longer intervals being
associated with sand pine scrub (FNAI 2010, pp. 9, 51). In the absence
of naturally occurring fires, active habitat management actions (such
as the application of prescribed fire, mechanical vegetation
management, and herbicide use) are necessary for the restoration,
maintenance, and conservation of these communities. In sandhill
communities, the germination and/or flowering of fire-dependent plant
species (e.g., longleaf pine, wiregrass) would be impacted by the
changes in fire frequency and timing (Shappell and Koontz 2015, p. 351;
Baruzzi et al. 2021, p. 7). Additionally, a reduction or lack of
prescribed fire as a result of a reduced burn window coupled with
increased evapotranspiration rates from increased temperatures could
lead to excessive accumulations of fuel and result in more frequent and
intense wildfires. Direct mortality from high-intensity fires in scrub
habitat are a concern of species' experts (Enge 2021a, pers. comm.);
high-intensity fires could become more prevalent with the expected
effects of climate change.
Rising temperatures and shifting precipitation patterns can alter
short-tailed snake habitat independent of alterations to the fire
regime. Drought and heat stress caused by increased temperatures can
promote insect outbreaks and plant mortality. In pine communities, such
as sandhills, higher winter air temperatures promote over-wintering
success in southern pine beetle larvae, and higher annual air
temperatures can result in more generations of the southern pine beetle
per year (Hain et al. 2011, pp. 16-17). Additionally, severe drought
stress reduces resin production in coniferous trees and greatly
increases the susceptibility of trees to beetle infestation. Nonnative,
invasive species (e.g., cogon grass, red imported fire ant) are often
more tolerant of drought and heat stress. The nonnative species' ranges
are expected to expand with climate change, increasing their potential
to alter and degrade short-tailed snake habitat (Chen et al. 2014, p.
5; Hamidavi et al. 2021, p. 383).
Climate change could also have more direct impacts on short-tailed
snakes. As a fossorial species, extreme weather events and associated
flooding events can cause direct mortality (e.g., drowning) of
individuals. Additionally, climate change could alter the distribution
and abundance of preferred prey species, as well as alter substrate and
soil conditions that may become unsuitable (e.g., too wet or too dry)
or unavailable (e.g., flooded) for short-tailed snakes. Poor habitat
conditions, including altered soil conditions or limited prey items,
may cause individuals of the species to experience reduced fitness,
mating and clutch failure, and increased risk of predation.
Catastrophic flooding has the potential to displace or extirpate local
populations, making recolonization difficult in fragmented landscapes
(Tupy 2021, pers. comm.). Additionally, the sex of offspring is often
determined by nest temperature for many reptile species. It has not
been documented if sex determination is temperature-dependent for the
short-tailed snake. If the species' sex determination is temperature-
dependent, increasingly warming temperatures have the potential to skew
sex ratios, resulting in low reproductive rates, inbreeding depression,
or both (Mitchell and Janzen 2010, p. 131; Tupy 2021, pers. comm.).
Additional Considerations
Small, Isolated Populations
Short-tailed snake occurrence records indicate patchy and
fragmented distribution in suitable upland habitats (e.g., sandhills,
scrub, and xeric hammock) in peninsular Florida. The available
information indicates the species does not occur in large populations,
and the apparently small populations may be inherent to the species
based on its life-history characteristics and needs. In many species,
small population size along with population isolation often leads to
reduced genetic diversity as a result of inbreeding, which, in turn,
results in increased susceptibility to disease and parasites, reduced
reproductive fitness, reduced evolutionary potential, and reduction in
the overall ability to withstand stochastic events (Frankham 1995, p.
309; Frankham 2005, pp. 132-135). These deleterious effects associated
with small population size can exacerbate the negative influences of
habitat degradation and further impact resiliency. However, there is no
genetic information available to suggest that small population is
currently influencing short-tailed snake viability.
Collection and Intentional Killing
As with all snakes, humans kill snakes maliciously or out of fear,
and these losses can contribute to population declines (FWC 2011, p.
5). Short-tailed snake interactions with humans are more likely where
the snake is found in residential areas with sufficient groundcover but
are limited compared to interactions with species active in the daytime
(the fossorial nature of the short-tailed snake means it rarely appears
above ground and does so even more rarely during the day) (FWC 2011, p.
4). The best available information does not indicate that illegal
collection of short-tailed snakes for pets is occurring or that there
are impacts to the species from intentional killing.
Cumulative and Synergistic Effects
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have
analyzed the cumulative effects of identified threats and conservation
actions on the species. To assess the current and future condition of
the species, we evaluate the effects of all the relevant factors that
may be influencing the species, including threats and conservation
efforts. Because the SSA framework considers not just the presence of
the factors, but to what degree they collectively influence risk to the
entire species, our assessment integrates the cumulative effects of the
factors and replaces a standalone cumulative-effects analysis.
Conservation Efforts and Regulatory Mechanisms
Below, we summarize the known conservation measures and existing
regulatory mechanisms affecting the short-tailed snake or its habitat
(Service 2021, pp. 38-40).
Existing Protections
The short-tailed snake is listed by the State of Florida as a
threatened species, and, as such, no person may take (e.g., harm or
harass), possess, or sell short-tailed snakes or parts of their nests
or eggs without a permit (Florida Administrative Code, chapter 68A-27)
(FWC 2016, p. 78; FWC 2021, p. 7, 11). Additionally, through the above-
referenced State rule, the FWC has incorporated species' conservation
measures and developed permitting guidelines to provide information on
the species' range and intentional and incidental take (FWC 2019,
entire).
[[Page 68078]]
Through the tracking of permits involving the short-tailed snake, we
are aware of the occurrences and level of take of the species in
Florida.
Land Protection and Stewardship
Short-tailed snake habitat occurs on lands in public and private
ownership with varying levels of habitat management. An estimated 48
percent of potential short-tailed snake habitat (e.g., habitat
identified as suitable for the species in an FWC habitat suitability
model (Enge et al. 2016, entire); for more information on habitat
modeling, see Service 2021, pp. 18-19) occurs on protected lands under
Federal, State, or local government ownership or lands subject to
conservation easements. Protected lands are less likely to experience
threats associated with urbanization and other land uses (e.g.,
agriculture, mining, and intensive silviculture that does not implement
best management practices) than lands in private ownership. In
addition, protected lands are often more likely to receive increased
habitat management compared to private lands.
The short-tailed snake occurs on Federal lands (e.g., Ocala
National Forest), in State parks, in preserves and geological sites
(e.g., Wekiwa Springs, Ichetucknee Spring, San Felasco Hammock, Devil's
Millhopper) (Hammerson 2016, pp. 10-11), and in State forests (e.g.,
Withlacoochee) where land management occurs in accordance with area
management plans. Habitat management on military installations (e.g.,
Avon Park Air Force Range), in National Forests (e.g., Ocala National
Forest), and in National Wildlife Refuges (e.g., Lake Wales Ridge
National Wildlife Refuge) is implemented in accordance with integrated
natural resources management plans (INRMP), forest plans, and
comprehensive conservation plans, respectively. Although management
plans do not manage specifically for short-tailed snake, habitat
management actions including control of invasive plants and application
of prescribed fire at appropriate intervals in sandhill and scrub
habitats are expected to benefit the species' habitat and short-tailed
snakes that occur in the area (USAF Park INRMP 2004, pp. 61-62, 68;
USDA 2017, pp. 7, 14). Additionally, short-tailed snake habitat occurs
in county and city parks and preserves.
Not all habitat management practices implemented on protected lands
benefit the short-tailed snake (e.g., silviculture that does not
implement best management practices or improperly implements best
management practices) (Hammerson 2016, pp. 10-11).
Conservation Measures on Private Lands
Privately owned lands account for approximately 52 percent (259,674
ha (641,668 ac)) of short-tailed snake habitat. In Florida, the FWC's
Landowner Assistance Program provides technical and financial
assistance to private landowners to implement conservation practices
for wildlife on their lands (FWC 2013, p. 14). The Service's Partners
for Fish and Wildlife (PFW) program provides similar incentives to
private landowners for the conservation of wildlife and associated
habitat. Where conservation practices occur in sandhill and scrub
habitat within the short-tailed snake's range, benefits to the species
are expected. Between 2010 and 2021, the PFW program alone funded
approximately 3,400 ha (8,500 ac) of habitat restoration and management
projects in sandhill and scrub communities within the species' range.
In 2015, FDACS and FWC collaboratively developed Florida's
Agriculture Wildlife Best Management Practices for State Imperiled
Species to promote sound agricultural land use and natural resource
conservation and to reduce the potential for incidental take of State-
imperiled species (FDACS 2015, p. ii). As of 2021, approximately 28
landowners in counties where the short-tailed snake occurs submitted
notices of intent to implement conservation practices on approximately
172,004 ha (425,031 ac) of privately owned land (FDACS 2020, p. 1). The
spatial information needed to assess the overlap of the area where the
conservation practices will occur and short-tailed snake populations is
not available. Therefore, we are not able to accurately project the
extent to which these best management practices will influence the
short-tailed snake or its habitat, but nonetheless encourage the
implementation of conservation actions in silviculture and agriculture
in Florida.
Current Condition
For the purposes of the SSA, we delineated analysis units based on
the FWC's habitat suitability index (HSI) (Enge et al. 2016, pp. 12-15,
17-20), historical and current species' occurrences, and barriers to
dispersal and movement. We included contiguous habitat within 5 km (3.1
mi) of occurrence records. A total of 245 records (136 historical (pre-
2000) and 109 recent (2000-2021)) for the short-tailed snake were
provided by FWC (FWC 2020, unpaginated) and were used to build the HSI.
New records (e.g., 2021) conveyed to the Service during the SSA process
were manually added to this database; these very recent records are
included in the summary of records presented here. We also relied on
FWC's HSI to delineate the extent and condition of suitable habitat
within the range of the short-tailed snake. Some areas of identified
suitable habitat contain very few records of occurrence; however, we
rely on identified suitable habitat in our analysis and note that lack
of occurrences may not preclude presence given the species' highly
cryptic and fossorial nature and its small size, as well as the lack of
established survey methods.
The delineation process resulted in 19 analysis units, with 8 units
containing only historical (pre-1973) records and categorized as likely
extirpated (see figure 1, below). We also identified 30 analysis units
that contain only suitable habitat with no occurrence records, and we
categorized these as unknown status. We do not include these units in
our analysis but identified them in the delineation process to inform
potential future conservation or recovery efforts. We conducted our
analyses of current and future condition on the 11 delineated current
analysis units and the 8 likely extirpated units.
To assess the current viability of the short-tailed snake, we
considered the species' life-history needs and habitat requirements.
Population estimates for the short-tailed snake are not available, but
assessments of short-tailed snake habitat loss and degradation note a
greater than 30 percent decline in the overall area of suitable habitat
from approximately 1989 to 2003 (FWC 2011, p. 10). Our assessment of
current species' resiliency includes the best available information
regarding the species' population characteristics and the condition of
the physical environment where the species occurs. We made qualitative
assessments of the current resiliency of each analysis unit by
evaluating a demographic factor (combined occupancy and timing of
records) and four habitat factors (fragmentation, habitat quantity,
habitat quality, and extent of protected lands) (see table 2, below).
The occupancy factor categorizes each of the 245 occurrence records
based on number of records in the analysis unit and the timing of those
records as an indication of our confidence that the record represents
continued presence of the species. Road density refers to the density
of primary and secondary roads in a unit and addresses the level of
fragmentation of the habitat by the threat of roads and associated
mortality. Habitat quality includes the current area of habitat ranked
as either moderate or
[[Page 68079]]
high quality in the existing FWC HSI model and serves as a baseline for
future projections (change in habitat metrics from current condition).
We remove currently urbanized areas from the HSI as fossorial species
can be driven to the surface in unsuitable habitat (e.g., concrete
pads, human dwellings, roadways, areas with significant root
structure), resulting in observations in largely unsuitable areas.
Therefore, we expect metrics related to habitat are the most
appropriate to assess current condition and provide a necessary
baseline for future condition projections. We anticipate the protected
lands in a unit have preserved habitat conditions in the past,
affecting short-tailed snake resiliency, and are expected to provide a
reduced level of threat of urbanization and development.
Table 2--Demographic and Habitat Resiliency Factors Used To Assess Current Resiliency for Short-Tailed Snake
Analysis Unit
[Each analysis unit was scored as high (4), medium (3), low (2), or very low (1) for each population factor and
habitat factor]
----------------------------------------------------------------------------------------------------------------
Condition categories
Parameter -------------------------------------------------------------------------------
Very low (1) Low (2) Moderate (3) High (4)
----------------------------------------------------------------------------------------------------------------
Demographic Factors
----------------------------------------------------------------------------------------------------------------
Occupancy....................... Likely extirpated One or more One or more Records 2000-2011
or unknown. records pre-2000, records 2000-2010 and records 2011-
or a single and a single 2021.
record 2000-2021. record 2011-2021.
----------------------------------------------------------------------------------------------------------------
Habitat Factors
----------------------------------------------------------------------------------------------------------------
Road Density (km of roads/1,960 More than 0.5..... 0.5-0.31.......... 0.3-0.11.......... Less than or equal
ha). to 0.1.
----------------------------------------------------------------------------------------------------------------
Habitat Quantity (ha)........... Less than 10,000.. 10,000-50,000..... 50,001-100,000.... More than 100,000.
Habitat Quality (percent of unit Less than 50 of 50-69............. 70-89............. Greater than or
area). area in moderate equal to 90.
or high condition.
Protection (percent of unit Less than 5....... 5-24.............. 25-50............. Greater than 50.
area).
----------------------------------------------------------------------------------------------------------------
We developed resiliency condition scores for each short-tailed
snake analysis unit to assess the species' current condition across its
range. We weighted the demographic factor equally with the combined
four habitat factors to reflect the importance of species presence and
the lack of available information regarding the species' precise
requirements for optimal habitat condition.
In our assessment of current viability, 2 of 11 analysis units
exhibit high resiliency, 4 analysis units exhibit moderate resiliency,
4 analysis units exhibit low resiliency, and 1 exhibits very low
resiliency (see figure 1, below). The two highly resilient analysis
units occur in the central portion of the known range with one
moderately resilient unit interposed. Analysis units exhibiting low or
very low current resiliency generally occur in the periphery of the
range. Moderate and highly resilient analysis units comprise 379,804 ha
(938,516 ac), or 76 percent (31 and 45 percent, respectively), of the
total current habitat extent. The proportion of protected lands (lands
in public ownership or management or in conservation easements) varies
across the analysis units. The highest proportion of protected lands
occurs in Units 1 and 3, with 53 and 17 percent of rangewide protected
lands, respectively (see table 3, below). Therefore, Units 1 and 3,
combined, include approximately 70 percent of the rangewide protected
lands, and these units exhibit high current resiliency.
Table 3--Analysis Units, Resiliency, Areal Extent of Habitat, the Proportion of the Overall Species' Range Each
Unit Represents, and the Proportion of Rangewide Protected Lands That Occur in Each Unit
----------------------------------------------------------------------------------------------------------------
Percentage of
Percentage of rangewide
Unit No. Name Resiliency Total habitat range protected
score (ha) (percent) lands
(percent)
----------------------------------------------------------------------------------------------------------------
7............................ Bell Ridge and Moderate....... 57,652 11 3
Sante Fe River.
4............................ Brooksville Moderate....... 64,801 13 4
Ridge North.
3............................ Brooksville High........... 85,215 17 17
Ridge South.
12........................... Fairfield Hills Moderate....... 7,141 1 2
NE.
14........................... Fairfield Hills Very Low....... 5,667 1 0
NW.
22........................... Hillsborough Moderate....... 155 0 0
River NW.
6............................ Lake Wales Ridge Low............ 47,138 9 6
South.
10........................... Manatee River... Low............ 10,921 2 2
1............................ Mount Dora Ridge High........... 139,348 28 53
8............................ Ocala Hill...... Moderate....... 25,492 5 2
5............................ Trail Ridge..... Low............ 59,631 12 10
15........................... Unnamed......... Extirpated..... * 37 .............. ..............
30........................... Unnamed......... Extirpated..... * 72 .............. ..............
31........................... Unnamed......... Extirpated..... * 11 .............. ..............
[[Page 68080]]
45........................... Tarpon Springs.. Extirpated..... * 1 .............. ..............
47........................... St. Petersburg.. Extirpated..... * 0 .............. ..............
48........................... Unnamed......... Extirpated..... * 0 .............. ..............
49........................... Unnamed......... Extirpated..... * 0 .............. ..............
2............................ Unnamed......... Extirpated..... * 0 .............. ..............
-----------------------------------------------
Total.................... ................ ............... 503,161 100 100
----------------------------------------------------------------------------------------------------------------
Note: Total numbers may not sum due to rounding.
* Habitat in likely extirpated analysis units is not included in the total identified suitable habitat.
BILLING CODE 4333-15-P
[[Page 68081]]
[GRAPHIC] [TIFF OMITTED] TP03OC23.007
BILLING CODE 4333-15-C
[[Page 68082]]
To gauge the extent of suitable habitat rangewide, we also assessed
the relative proportion of suitable habitat as identified in the FWC
HSI (Service 2021, pp. 18-19). Rangewide, 45 percent of the area in the
11 delineated current analysis units (i.e., not including the 8 likely
extirpated units) was identified as being highly suitable in the FWC
HSI. Additionally, 31 percent of analysis unit area was moderately
suitable, 23 percent was in a low suitability class, and 1 percent was
in a very low suitability class. The proportion of suitable habitat in
each analysis unit was assessed as a parameter in our current
resiliency analysis, but rangewide, 76 percent of identified habitat is
highly or moderately suitable for the species based on the FWC model.
Current Redundancy and Representation
Species-level redundancy for the short-tailed snake is likely
reduced from historical levels due to range contraction. However, 6 of
11 units are in moderate or high current resiliency, and units are
distributed across the historical and current range of the species. We
have determined that current redundancy is moderate and sufficient to
support species' viability. Current representation for the species is
also likely reduced from historical levels due to range contraction and
loss of populations. The short-tailed snake occurs in a variety of
ecological habitats (e.g., sandhill, scrub, and xeric hammock) and is
characterized by morphologically distinct groupings. Although
information regarding genetic variation in the species is limited, we
expect that the distributional and morphological variation is
indicative of the species' ability to adapt to changing environmental
condition (adaptive capacity). We have determined that species-level
current representation for the short-tailed snake is also moderate and
sufficient to support current species' viability.
Future Condition
We assessed the short-tailed snake's future viability under three
future scenarios. We modeled these scenarios at 2050 and 2070 based on
confidence in models and projections of factors influencing the
species' viability, and certainty in predictions of the species'
response to those factors. In addition, these timesteps encompass
several estimated lifespans of the species (estimated at 10 years,
generation time of 6 years), giving the species sufficient time to
respond to impacts to reproduction, genetic effects, and fragmentation
of habitat.
Changes from the current habitat condition are expected in the
future from urbanization and development and from conversion of
suitable habitat to less suitable landcover use (i.e., cropland and
mining). We anticipate those changes to habitat condition will impact
the resiliency of the short-tailed snake. We lack demographic data for
the short-tailed snake and are unable to project future demographic
condition based on the available occurrence records for the species. We
evaluated projected changes to two habitat factors (habitat quality and
habitat quantity) and the species' likely responses to those changes.
To project the threat of urbanization and impacts to short-tailed
snake, we used the SLEUTH model (SLEUTH is an acronym for the spatial
inputs used in the model, which are slope, land cover, excluded
regions, urban land cover, transportation, and hill shade) to determine
the probability of urbanization. Areas with a higher probability of
being developed (we selected 90 percent) will likely be urbanized under
even the lowest impact scenario (almost sure to be developed), while
areas with a lower probability of urbanization (20 percent) are
expected to be developed under a high impact scenario. Similarly, we
used the FORE-SCE model to project land use in the future, specifically
landcover types that are most likely to exclude occurrences of short-
tailed snake (cropland and mining). The two FORE-SCE projection
storylines incorporated in our analysis include the A2 storyline
(reflective of representative concentration pathway (RCP) 8.5 and a
higher emissions scenario) and B2 (reflective of RCP 4.5 and a lower
emissions scenario) (Naki[cacute]enovi[cacute] et al. 2000, entire;
Sohl et al. 2014, entire). To encompass a range of plausible climate
change scenarios, we provide a high and low climate change-related land
use projection based on the RCP 8.5/special report emissions scenario
(SRES) A2 and RCP 4.5/SRES B1 scenarios, respectively. In presenting
this range, our purpose is to provide bounds on the range of plausible
outcomes, and we do not imply that an outcome in the middle of the
range is the most likely outcome. For each of our time points (years
2050 and 2070) in the low and moderate development scenario we assess
SRES B1 and assess SRES A2 under the high development scenario. To
project habitat quality and quantity in the future, we recalculated the
areas of suitable habitat in each analysis unit by removing from the
current condition those areas projected to be urbanized or to be
converted into cropland or mining use.
We weighted the factor of habitat quantity to account for expected
increases in road density related to urbanization. This resulted in a
weight of 2 for habitat quantity compared to 1 for habitat quality. We
categorized resiliency class using the same scale as the current
resiliency analysis. The three future scenarios included: (Scenario A)
low development, (Scenario B) moderate development, and (Scenario C)
high development (Table 4). The species' representation and redundancy
were predicted under the three future scenarios and two timesteps by
assessing the resiliency, number, and distribution of short-tailed
snake analysis units across the species' range.
Table 4--Three Plausible Future Scenarios Used To Project Short-Tailed Snake Resiliency and the Levels of
Habitat Quantity and Habitat Quality Factors in Each Scenario
----------------------------------------------------------------------------------------------------------------
Scenario A: low Scenario B: moderate Scenario C: high
Resiliency factor (weight) development development development
----------------------------------------------------------------------------------------------------------------
Habitat Quantity (2)............. Habitat removed from Habitat removed from Habitat removed from
current habitat current habitat current habitat
suitability index based suitability index based suitability index based
on: on: on:
Greater than or equal to Greater than or equal to Greater than or equal to
90 percent probability 50 percent probability 20 percent probability
of urbanization (SLEUTH). of urbanization of urbanization
(SLEUTH). (SLEUTH).
Conversion to cropland or Conversion to cropland Conversion to cropland
mining (FORE-SCE SRES or mining (FORE-SCE or mining (FORE-SCE
B1). SRES B1). SRES A2).
Habitat Quality (1).............. Percent of high or Percent of high or Percent of high or
moderate quality habitat moderate quality moderate quality
in the analysis unit. habitat in the analysis habitat in the analysis
unit. unit.
----------------------------------------------------------------------------------------------------------------
[[Page 68083]]
For these projections, high condition analysis units were defined
as those with high resiliency at the end of the predicted time horizon
(at years 2050 and 2070). Units in high resiliency are expected to
persist into the future and sustain populations, beyond year 2050 or
2070, and can withstand demographic and environmental stochastic
events. Units in moderate resiliency were defined as having lower
resiliency than those in high condition but are still expected to
persist beyond year 2050 or 2070 and sustain populations in the wild.
Units in moderate condition typically have smaller habitat extents or
have lower habitat conditions than those in high condition or both
(table 5). Finally, those units in low to very low condition were
defined as having low resiliency and are less likely to withstand
stochastic events. As a result, low to very low condition units were
characterized as less likely to be able to sustain populations in the
wild beyond either 30 or 50 years.
Table 5--Habitat Conditions Characteristic of Moderate and Highly
Resilient Analysis Units
------------------------------------------------------------------------
Habitat condition
Parameter ---------------------------------------
Moderate High
------------------------------------------------------------------------
Connectivity (km of roads/1,960 0.3-0.11 km/1,960 Less than or equal
ha of analysis unit suitable ha. to 0.1 km/1,960
habitat). ha.
Habitat Extent (ha of suitable 50,001-100,000 ha. Greater than
habitat in analysis unit). 100,000 ha.
Habitat Quality (Percent of 70-89 percent..... 90 percent or
analysis unit in moderate or greater.
highly suitable habitat in HSI).
Protected Lands (Percent of 25-50 percent..... Greater than 50
Analysis Unit Area). percent.
------------------------------------------------------------------------
Under all future scenarios and in both future time horizons, we
expect the resiliency of analysis units and the representation and
redundancy of the species to decline. The resiliency of short-tailed
snake analysis units declines across all scenarios by year 2050, with
habitat loss continuing at a slower rate through year 2070. However, in
the three future scenarios and both timesteps, one analysis unit is
projected to exhibit high resiliency (Unit 1, Mount Dora Ridge) and one
is projected to exhibit moderate resiliency (Unit 3, Brooksville Ridge
South) (see figures 2 and 3, below). The two units projected to remain
in high and moderate resiliency encompass the majority of protected
lands in the range of the species. Nine of the 11 analysis units are
projected to exhibit low or very low resiliency in all future scenarios
at both timesteps. However, 55 to 68 percent of current suitable
habitat is projected to remain on the landscape in the species' range.
The analysis unit projected to remain in high resiliency (Unit 1)
composes 36-42 percent of this spatial habitat extent depending on the
scenario and timestep. Similarly, the unit projected to remain in
moderate resiliency (Unit 3) composes 17-18 percent of future suitable
habitat. Our future condition analysis did not project additional
analysis unit extirpation, although the eight extirpated units are
expected to remain extirpated as no suitable habitat remains in these
areas. The number of analysis units in low or very low resiliency is
comparable across future scenarios and timesteps, with the expected
impacts to the species (primarily urbanization) occurring under all
three scenarios by the earlier timestep of 2050. Under scenarios A and
B, in 2050 and 2070, our future condition analysis projects one unit
will remain in high resiliency, one high resiliency unit will shift to
moderate resiliency, four units will exhibit low resiliency, and five
units will exhibit very low resiliency. Under Scenario C (higher impact
scenario) in 2050 and 2070, our future condition analysis projects one
unit will remain in high resiliency, one high resiliency unit will
shift to moderate resiliency, three units will exhibit low resiliency,
and six units will exhibit very low resiliency.
We expect declines in representation in the future due to
fragmentation of suitable habitat and decreased connectivity within and
among analysis units. Similarly, we expect declines in redundancy as
resiliency decreases in the future. Although no analysis unit
extirpations are projected, the contributions of analysis units in low
and very low resiliency to species-level redundancy is limited in the
future. Representation and redundancy are projected to be reduced
compared to current levels.
BILLING CODE 4333-15-P
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[GRAPHIC] [TIFF OMITTED] TP03OC23.008
[[Page 68085]]
[GRAPHIC] [TIFF OMITTED] TP03OC23.009
BILLING CODE 4333-15-C
Determination of Short-Tailed Snake's Status
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of an endangered species or a
threatened species. The Act defines
[[Page 68086]]
an ``endangered species'' as a species in danger of extinction
throughout all or a significant portion of its range, and a
``threatened species'' as a species likely to become an endangered
species within the foreseeable future throughout all or a significant
portion of its range. The Act requires that we determine whether a
species meets the definition of an endangered species or a threatened
species because of any of the following 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.
Status Throughout All of Its Range
After evaluating threats to the species and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, we found that the short-tailed snake does not meet the
definition of an endangered or threatened species throughout all of its
range. In our assessment of viability for the short-tailed snake, we
considered the impacts of habitat loss and degradation (Factor A);
habitat management (Factor A); nonnative, invasive species (Factors A
and C); climate change (Factor E); disease (Factor C); collection
(Factor B); intentional killing (Factor E); and small, isolated
populations (Factor E). Furthermore, we considered the existing
regulatory mechanisms (Factor D) and conservation measures and their
effect on the identified threats and the status of the species. Of the
threats considered, habitat loss and degradation were identified as the
primary threats impacting populations and the species now and into the
future. Urbanization and associated development, including roads, is
the key driver of habitat loss and degradation and landcover change
within the species' range. Urbanization and development are expected to
increase within the range of the species in Florida as the human
population increases there in the future. Sandhill and scrub habitats
that do not experience habitat management (or natural fire) experience
succession and become less suitable for short-tailed snake. Invasive
species encroachment on suitable habitat where the short-tailed snake
occurs negatively impacts the species as well. The effects of climate
change act to exacerbate the effect of other threats. The individual
and synergistic negative impacts to the short-tailed snake are expected
to increase in the future, including fragmentation of suitable habitat,
increased road density, reduced habitat management actions (prescribed
fire), and increased nonnative and invasive species. The effects of
climate change on short-tailed snake are unclear, but include effects
to vegetation, natural and prescribed fire, prey species, and perhaps
reproduction through skewed sex ratios. The effects of climate change
are expected to increase in the future.
The species' current representation has likely decreased from its
historical representation as evidenced by the loss of eight analysis
units across the range of the species. However, the species occurs in a
variety of habitats (including sand and scrub) and exhibits
morphologically distinct groupings across its range. We expect that
these ecological and morphological variations indicate sufficient
adaptive capacity in the species. Due to the species' behavioral
characteristics (fossorial and limited dispersal and its need for loose
sandy soils), the short-tailed snake may be limited in its capacity to
shift in space in a changing environment. The species is currently
represented by six analysis units that exhibit moderate or high
resiliency, and these six units are distributed across the range of the
species. Despite the reductions from historical condition with
extirpations of very small units, we have determined that the species'
current representation and redundancy are moderate, and the species has
sufficient ability to adapt to changing environmental conditions
(representation) and withstand catastrophic events (redundancy).
As discussed above, the primary threat to the species is the loss
and degradation of habitat (e.g., urbanization and other land use
changes, such as agriculture and mining), and this impacts the current
resiliency of the species across its range. Although the species is
negatively impacted by the loss and degradation of habitat within our
assessment of current resiliency, 2 of 11 analysis units exhibit high
resiliency, 4 analysis units exhibit moderate resiliency, 4 analysis
units exhibit low resiliency, and 1 analysis unit exhibits very low
resiliency. The two high resiliency analysis units encompass a large
area (224,563 ha (554,907 ac)) in the center of the known range of the
short-tailed snake, and these two units encompass 70 percent of the
protected lands in the species' range. Further, the areal extent of
moderate and high resilience analysis units encompasses approximately
32 percent and 46 percent, respectively, of the total identified
current habitat. The analysis units exhibiting low (4 analysis units)
or very low (1 analysis unit) resiliency occur at the periphery of the
species' range, are generally smaller in size, and encompass less
suitable habitat than the remaining analysis units.
Although the species is impacted by threats rangewide, the short-
tailed snake exhibits sufficient resiliency, redundancy, and
representation to support species' viability. Overall, no current
threat is acting at an extent or severity such that the short-tailed
snake is at risk of extinction throughout all of its range. Thus, after
assessing the best available information, we conclude that the short-
tailed snake is not in danger of extinction throughout all of its
range.
Therefore, we proceed with determining whether the short-tailed
snake is likely to become endangered within the foreseeable future
throughout all of its range. Under three analyzed plausible future
scenarios and in both future time horizons of 2050 and 2070, we expect
habitat quantity and quality to decline. We rely on established models
of projected landcover change, urbanization, and climate change to
inform our future condition analysis. Declining habitat conditions are
expected to negatively affect the short-tailed snake, although we do
not have information available to accurately project the demographic
condition of the species in the future. As described above, resiliency
of 9 of 11 analysis units is projected to decline, and the species-
level representation and redundancy are expected to decline as a
result. The impacts of urbanization and development and other threats
are projected to occur across the range by year 2050, with habitat loss
continuing at a slower rate through year 2070. However, in all future
scenarios and both timesteps, one analysis unit is projected to remain
in high resiliency (Unit 1, Mount Dora Ridge), and another is projected
to exhibit moderate resiliency (Unit 3, Brooksville Ridge South). The
two analysis units projected in high and moderate resiliency encompass
45 percent of current identified suitable habitat and 53 to 60 percent
of projected suitable habitat in the foreseeable future (depending on
scenario and timestep). The two very large, high and moderately
resilient analysis units also encompass 70 percent of the protected
lands in the species' range, where the threat of urbanization and
development is somewhat reduced. Our future condition analysis did not
project analysis unit extirpation.
Although the resiliency of short-tailed snake analysis units is
expected to be negatively affected by the threat of
[[Page 68087]]
habitat loss, degradation, and fragmentation in the foreseeable future,
the species will maintain high and moderate resiliency in an area that
encompasses almost half of the current suitable habitat now and in the
future. Representation and redundancy are projected to be reduced
compared to current levels but sufficient to support species' viability
in the future. After assessing the best available information, we
conclude that the short-tailed snake is not likely to become endangered
within the foreseeable future throughout all of its range.
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
within the foreseeable future throughout all or a significant portion
of its range. Therefore, we proceed to evaluating whether the species
is an endangered or threatened species in a significant portion of its
range--that is, whether there is any portion of the species' range for
which both (1) the portion is significant; and (2) the species is in
danger of extinction in that portion. Depending on the case, it might
be more efficient for us to address the ``significance'' question or
the ``status'' question first. We can choose to address either question
first. Regardless of which question we address first, if we reach a
negative answer with respect to the first question that we address, we
do not need to evaluate the other question for that portion of the
species' range.
In undertaking this analysis for short-tailed snake, we choose to
address the status question first--we consider information pertaining
to the geographic distribution of both the species and the threats that
the species faces to identify portions of the range where the species
may be endangered.
We evaluated the range of the short-tailed snake to determine if
the species is in danger of extinction now in any portion of its range
(i.e., if it meets the Act's definition of an endangered species) or is
likely to become an endangered species within the foreseeable future in
any portion of its range (i.e., if it meets the Act's definition of a
threatened species). The range of a species can theoretically be
divided into portions in an infinite number of ways. We focused our
analysis on portions of the species' range that may meet the Act's
definition of an endangered or threatened species.
As discussed above and in our SSA report, we have information on
eight analysis units with short-tailed snake occurrences before 1972
with little or no associated suitable habitat that we have determined
are likely extirpated. For the purposes of considering portions of the
short-tailed snake's range, we reviewed the analysis units we
identified in the SSA report. We did not consider the eight likely
extirpated analysis units in our future scenario modeling, as we do not
anticipate that these units will contribute to the future viability of
the species. Accordingly, when conducting our analysis to determine
whether the species may be in danger of extinction in a significant
portion of its range, we consider these very small (121 ha) likely
extirpated units to be lost historical range and do not consider areas
of lost historical range to be a significant portion of the range. We
already take into account the effects that the loss of these units have
on the current and future viability of short-tailed snake in our
rangewide determination. This is consistent with our Final Policy on
Interpretation of the Phrase ``Significant Portion of Its Range'' in
the Endangered Species Act's Definitions of ``Endangered Species'' and
``Threatened Species'' (79 FR 37577).
For the short-tailed snake, we first considered whether there are
any portions of the species' current range that may have a different
status. We first considered whether the species may be in danger of
extinction in a significant portion of its range. As discussed under
Status Throughout all of Its Range, above, the primary current threats
to the short-tailed snake are habitat destruction or modification from
urbanization and other incompatible land uses, such as cropland and
mining. We examined those threats along with the effects from climate
change, disease, and cumulative effects, and we considered whether
conservation efforts and regulatory mechanisms ameliorated any of the
effects. These factors and threats influence the short-tailed snake
rangewide; however, we identified five analysis units as a portion
where the species is currently in low or very low resiliency condition
(e.g., analysis units 5, 6, 10, 14, and 22) and that may have a
different status than the remainder of the range. These units comprise
11.9, 9.4, 2.2, 1.1, and 0.03 percent of the geographic area of the
short-tailed snake's range respectively, and 25 percent of the range
collectively. These analysis units are currently in lower resiliency
conditions than other units throughout the species' range due to
impacts from increased habitat loss (e.g., urbanization and
incompatible land use) and habitat fragmentation (e.g., increased road
density). The impacts to the short-tailed snake and the species'
response to the threats described have led to low or very low
resiliency in these analysis units. The best scientific and commercial
information indicates that these analysis units may have a different
status than those in the remainder of the species' range.
We then proceeded to the significance question, asking whether this
portion of the range (i.e., ``5 analysis units portion''; analysis
units 5, 6, 10, 14, and 22) is significant. The Service's most recent
definition of ``significant'' within agency policy guidance has been
invalidated by court order (see Desert Survivors v. U.S. Department of
the Interior, 321 F. Supp. 3d 1011, 1070-74 (N.D. Cal. 2018)). In
undertaking this analysis for the short-tailed snake, we considered
whether the 5 analysis units portion of the species' range may be
significant based on its biological importance to the overall viability
of the short-tailed snake. Therefore, for the purposes of this
analysis, when considering whether this portion is significant, we
considered whether the portion may (1) occur in a unique habitat or
ecoregion for the species; (2) contain high-quality or high-value
habitat relative to the remaining portions of the range, for the
species' continued viability in light of the existing threats; (3)
contain habitat that is essential to a specific life-history function
for the species and that is not found in the other portions (for
example, the principal breeding ground for the species); or (4) contain
a large geographic portion of the suitable habitat relative to the
remaining portions of the range for the species.
Individually, the five units that make up the identified portion
are generally small and occur on the periphery of the range where the
habitat conditions are less suitable. Collectively, the portion of the
range containing the 5 analysis units portion does not make up a large
geographic portion of the suitable habitat (25 percent) relative to the
remaining portions of the range. In addition, this portion does not
have any areas of habitat that are unique or contain high-quality or
high-value habitat relative to the remaining portions of the range. The
5 analysis units portion does not contain habitat that is essential to
a specific life-history function. Overall, we found no substantial
information that would indicate that the 5 analysis units portion
constitutes a portion of the range that may be significant in terms of
its overall contribution to the species' resiliency, redundancy, and
representation, or that it is significant in terms of high-quality
habitat or otherwise important for the
[[Page 68088]]
species' life history. As a result, we determined that the 5 analysis
units portion does not constitute a significant portion of the range
where the species is endangered. Accordingly, the short-tailed snake is
not in danger of extinction within a significant portion of its range
and does not meet the definition of an endangered species.
We next considered whether the short-tailed snake is likely to
become an endangered species within the foreseeable future in a
significant portion of its range (i.e., if it meets the Act's
definition of a threatened species). As described under Status
Throughout All of Its Range, above, urbanization and development have
impacted the short-tailed snake's viability through habitat loss and
degradation and the associated reduced ability to effectively manage or
maintain suitable habitat. The risks to the species associated with the
negative effects of land use change on its habitat are likely to
continue into the foreseeable future. These factors and threats
influence the short-tailed snake rangewide; however, the threats are
projected to have a more pronounced effect in 9 of the 11 non-
extirpated analysis units such that they may have a different status
than the remainder of the range within the foreseeable future. This
geographic area (north/south portion) includes the nine areas
delineated in the SSA report as Units 4 through 8, 10, 12, 14, and 22
(all non-extirpated units except Units 1 and 3) (Service 2021, entire).
Although threats are similar throughout the species' range, the
species' future response appears more pronounced in the nine analysis
units in the northwest portion. For example, future resiliency for all
nine analysis units is projected to be low or very low in all scenarios
at both timesteps in the future. These units exhibit a greater decline
of resiliency than the remaining portions of the range. The nine
analysis units in the north/south portion generally have a lower
proportion of moderate or highly suitable habitat in the future, as
well as a lower proportion of protected areas within the analysis unit.
The nine units in the north/south portion of the range are projected to
have a higher degree of habitat degradation and habitat loss due to
urbanization. Given the projected decline in resiliency in predicted
future conditions within these nine analysis units, the best available
scientific and commercial information indicates that the north/south
portion, including analysis units 4 through 8, 10, 12, 14, and 22, is a
portion that is likely to be in danger of extinction within the
foreseeable future. The reductions in resiliency across these units
will also affect the species' ability to recover from future
catastrophic events (redundancy) and the species' capacity to adapt to
future expected environmental changes (representation).
We then proceeded to the significance question, asking whether this
portion of the range (i.e., north/south portion including analysis
units 4 through 8, 10, 12, 14, and 22) is significant. As discussed
above, the Service's most recent definition of ``significant'' within
agency policy guidance has been invalidated by court order (see Desert
Survivors v. U.S. Department of the Interior, 321 F. Supp. 3d 1011,
1070-74 (N.D. Cal. 2018)). In undertaking this analysis for the short-
tailed snake, we considered whether the north/south portion of the
species' range may be significant based on its biological importance to
the overall viability of the short-tailed snake. Therefore, for the
purposes of this analysis, when considering whether this portion is
significant, we considered whether the portion may (1) occur in a
unique habitat or ecoregion for the species; (2) contain high-quality
or high-value habitat relative to the remaining portions of the range,
for the species' continued viability in light of the existing threats;
(3) contain habitat that is essential to a specific life-history
function for the species and that is not found in the other portions
(for example, the principal breeding ground for the species); or (4)
contain a large geographic portion of the suitable habitat relative to
the remaining portions of the range for the species.
The north/south portion, consisting of nine analysis units,
constitutes approximately 55 percent of the identified current suitable
habitat across the short-tailed snake's range (278,599 of 503,161
hectares); and therefore is a large geographic area relative to the
remaining portions of the range. Therefore, having assessed the north/
south portion's biological significance in terms of the habitat
considerations described above, we find the best available information
indicates this portion is significant to the short-tailed snake.
Accordingly, having determined that the north/south portion of the
species' range is (1) significant, and (2) likely to become in danger
of extinction within the foreseeable future, we find that the short-
tailed snake is likely to become an endangered species within the
foreseeable future in a significant portion of its range. Accordingly,
it meets the Act's definition of a threatened species. This is
consistent with the courts' holding in Desert Survivors v. Department
of the Interior, 321 F. Supp. 3d 1011 (N.D. Cal. 2018), and Center for
Biological Diversity v. Jewell, 248 F. Supp. 3d, 946, 959 (D. Ariz.
2017).
Determination of Status
Our review of the best available scientific and commercial
information indicates that the short-tailed snake meets the Act's
definition of a threatened species. Therefore, we propose to list the
short-tailed snake as a threatened species in accordance with sections
3(20) and 4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition as a listed
species, planning and implementation of 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,
including the Service, 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. Section 4(f) of the Act calls for the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. 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.
The recovery planning process begins with development of a recovery
outline made available to the public soon after a final listing
determination. The recovery outline guides the immediate implementation
of urgent recovery actions while a recovery plan is being developed.
Recovery teams (composed of species experts, Federal and State
agencies, nongovernmental organizations, and stakeholders) may be
established to develop and implement recovery plans. The recovery
planning process involves the identification of actions that are
necessary to halt and reverse the species' decline by
[[Page 68089]]
addressing the threats to its survival and recovery. The recovery plan
identifies recovery criteria for review of when a species may be ready
for reclassification from endangered to threatened (``downlisting'') or
removal from protected status (``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. Revisions of the plan may
be done to address continuing or new threats to the species, as new
substantive information becomes available. The recovery outline, draft
recovery plan, final recovery plan, and any revisions will be available
on our website as they are completed (https://www.fws.gov/program/endangered-species), or from our Florida Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
If this species is 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 short-tailed snake. Information on
our grant programs that are available to aid species recovery can be
found at: https://www.fws.gov/service/financial-assistance.
Although the short-tailed snake is only proposed for listing under
the Act at this time, please let us know if you are interested in
participating in recovery efforts for this species. Additionally, we
invite you to submit any new information on this species whenever it
becomes available and any information you may have for recovery
planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7 of the Act is titled, ``Interagency Cooperation'' and
mandates all Federal action agencies to use their existing authorities
to further the conservation purposes of the Act and to ensure that
their actions are not likely to jeopardize the continued existence of
listed species or adversely modify critical habitat. Regulations
implementing section 7 are codified at 50 CFR part 402.
Section 7(a)(2) states that each Federal action agency shall, in
consultation with the Secretary, ensure that any action they authorize,
fund, or carry out is not likely to jeopardize the continued existence
of a listed species or result in the destruction or adverse
modification of designated critical habitat. Each Federal agency shall
review its action at the earliest possible time to determine whether it
may affect listed species or critical habitat. If a determination is
made that the action may affect listed species or critical habitat,
formal consultation is required (see 50 CFR 402.14(a)), unless the
Service concurs in writing that the action is not likely to adversely
affect listed species or critical habitat. At the end of a formal
consultation, the Service issues a biological opinion, containing its
determination of whether the Federal action is likely to result in
jeopardy or adverse modification.
In contrast, 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 any species proposed to be listed under the
Act or result in the destruction or adverse modification of critical
habitat proposed to be designated for such species. Although the
conference procedures are required only when an action is likely to
result in jeopardy or adverse modification, action agencies may
voluntarily confer with the Service on actions that may affect species
proposed for listing or critical habitat proposed to be designated. In
the event that the subject species is listed or the relevant critical
habitat is designated, a conference opinion may be adopted as a
biological opinion and serve as compliance with section 7(a)(2) of the
Act.
Examples of discretionary actions for the short-tailed snake that
may be subject to conference and consultation procedures under section
7 of the Act are land management or other landscape-altering activities
on Federal lands administered by the Department of Defense, U.S. Forest
Service, and U.S. Fish and Wildlife Service, as well as actions on
State, Tribal, local, or private lands that require a Federal permit
(such as a permit from the U.S. Army Corps of Engineers under section
404 of the Clean Water Act (33 U.S.C. 1251 et seq.) or a permit from
the Service under section 10 of the Act) or that involve some other
Federal action (such as funding from the Federal Highway
Administration, Federal Aviation Administration, or the Federal
Emergency Management Agency). Federal actions not affecting listed
species or critical habitat--and actions on State, Tribal, local, or
private lands that are not federally funded, authorized, or carried out
by a Federal agency--do not require section 7 consultation. Federal
agencies should coordinate with the local Service Field Office (see FOR
FURTHER INFORMATION CONTACT) with any specific questions on section 7
consultation and conference requirements.
It is the policy of the Service, as published in the Federal
Register on July 1, 1994 (59 FR 34272), to identify to the extent known
at the time a species is listed, specific activities that will not be
considered likely to result in violation of section 9 of the Act. To
the extent possible, activities that will be considered likely to
result in violation will also be identified in as specific a manner as
possible. 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 the species proposed for listing. Although most of
the prohibitions in section 9 of the Act apply to endangered species,
sections 9(a)(1)(G) and 9(a)(2)(E) of the Act prohibit the violation of
any regulation issued under section 4(d) of the Act pertaining to any
threatened species of fish or wildlife, or threatened species of plant,
respectively. Section 4(d) of the Act directs the Secretary to
promulgate protective regulations that are necessary and advisable for
the conservation of threatened species. As a result, we interpret our
policy to mean that, when we list a species as a threatened species, to
the extent possible, we identify activities that will or will not be
considered likely to result in violation of the protective regulations
under section 4(d) for that species.
At this time, for the short-tailed snake, we are unable to identify
specific activities that will or will not be considered likely to
result in violation of section 9 of the Act beyond what is already
clear from the descriptions of the proposed prohibitions and exceptions
that would be established by protective regulation under section 4(d)
of the Act (see II. Proposed Rule Issued Under Section 4(d) of the Act,
below).
[[Page 68090]]
Questions regarding whether specific activities would constitute
violation of section 9 of the Act should be directed to the Florida
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
II. Proposed Rule Issued Under Section 4(d) of the Act
Background
Section 4(d) of the Act contains two sentences. The first sentence
states that the Secretary shall issue such regulations as she deems
necessary and advisable to provide for the conservation of species
listed as threatened species. The U.S. Supreme Court has noted that
statutory language similar to the language in section 4(d) of the Act
authorizing the Secretary to take action that she ``deems necessary and
advisable'' affords a large degree of deference to the agency (see
Webster v. Doe, 486 U.S. 592, 600 (1988)). Conservation is defined in
the Act to mean 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. Additionally, the second sentence of section 4(d) of the Act
states that the Secretary may by regulation prohibit with respect to
any threatened species any act prohibited under section 9(a)(1), in the
case of fish or wildlife, or section 9(a)(2), in the case of plants.
Thus, the combination of the two sentences of section 4(d) provides the
Secretary with wide latitude of discretion to select and promulgate
appropriate regulations tailored to the specific conservation needs of
the threatened species. The second sentence grants particularly broad
discretion to the Service when adopting one or more of the prohibitions
under section 9.
The courts have recognized the extent of the Secretary's discretion
under this standard to develop rules that are appropriate for the
conservation of a species. For example, courts have upheld, as a valid
exercise of agency authority, rules developed under section 4(d) that
included limited prohibitions against takings (see Alsea Valley
Alliance v. Lautenbacher, 2007 WL 2344927 (D. Or. 2007); Washington
Environmental Council v. National Marine Fisheries Service, 2002 WL
511479 (W.D. Wash. 2002)). Courts have also upheld 4(d) rules that do
not address all of the threats a species faces (see State of Louisiana
v. Verity, 853 F.2d 322 (5th Cir. 1988)). As noted in the legislative
history when the Act was initially enacted, ``once an animal is on the
threatened list, the Secretary has an almost infinite number of options
available to [her] with regard to the permitted activities for those
species. [She] may, for example, permit taking, but not importation of
such species, or [she] may choose to forbid both taking and importation
but allow the transportation of such species'' (H.R. Rep. No. 412, 93rd
Cong., 1st Sess. 1973).
The provisions of this proposed 4(d) rule would promote
conservation of the short-tailed snake by encouraging management of the
habitat for the species in ways that facilitate conservation for the
species. The provisions of this proposed rule are one of many tools
that we would use to promote the conservation of the short-tailed
snake. This proposed 4(d) rule would apply only if and when we make
final the listing of the short-tailed snake as a threatened species.
As mentioned previously in Available Conservation Measures, section
7(a)(2) of the Act requires Federal agencies, including the Service, to
ensure that any action they authorize, fund, or carry out is not likely
to jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of designated critical habitat of such species. In addition, even
before the listing of any species or the designation of its critical
habitat is finalized, section 7(a)(4) of the Act requires Federal
agencies to confer with the Service on any agency action which is
likely to jeopardize the continued existence of any species proposed to
be listed under the Act or result in the destruction or adverse
modification of critical habitat proposed to be designated for such
species.
These requirements are the same for a threatened species with a
species-specific 4(d) rule. For example, as with an endangered species,
if a Federal agency determines that an action is ``not likely to
adversely affect'' a threatened species, it will require the Service's
written concurrence (50 CFR 402.13(c)). Similarly, if a Federal agency
determinates that an action is ``likely to adversely affect'' a
threatened species, the action will require formal consultation with
the Service and the formulation of a biological opinion (50 CFR
402.14).
Provisions of the Proposed 4(d) Rule
Exercising the Secretary's authority under section 4(d) of the Act,
we have developed a proposed rule that is designed to address the
short-tailed snake's conservation needs. As discussed previously in
Summary of Biological Status and Threats, we have concluded that the
short-tailed snake is likely to become in danger of extinction within
the foreseeable future primarily due to habitat loss and degradation as
a result of urbanization, development, and other land use changes
(e.g., agriculture and mining) and a lack of habitat management (e.g.,
lack of prescribed fire in an ecosystem-appropriate fire interval and
encroachment of invasive species). Section 4(d) requires the Secretary
to issue such regulations as she deems necessary and advisable to
provide for the conservation of each threatened species and authorizes
the Secretary to include among those protective regulations any of the
prohibitions that section 9(a)(1) of the Act prescribes for endangered
species. We find that, if finalized, the protections, prohibitions, and
exceptions in this proposed rule as a whole satisfy the requirement in
section 4(d) of the Act to issue regulations deemed necessary and
advisable to provide for the conservation of the short-tailed snake.
The protective regulations we are proposing for the short-tailed
snake incorporate prohibitions from section 9(a)(1) to address the
threats to the species. Section 9(a)(1) prohibits the following
activities for endangered wildlife: importing or exporting; take;
possession and other acts with unlawfully taken specimens; delivering,
receiving, carrying, transporting, or shipping in interstate or foreign
commerce in the course of commercial activity; or selling or offering
for sale in interstate or foreign commerce. This protective regulation
would provide for the conservation of the short-tailed snake by
including all of these prohibitions because the short-tailed snake is
at risk of extinction within the foreseeable future and putting these
prohibitions in place would help to prevent further declines and
preserve the species' remaining populations.
In particular, this proposed 4(d) rule would provide for the
conservation of the short-tailed snake by prohibiting the following
activities, unless they fall within specific exceptions or are
otherwise authorized or permitted: importing or exporting; take;
possession and other acts with unlawfully taken specimens; delivering,
receiving, carrying, transporting, or shipping in interstate or foreign
commerce in the course of commercial activity; or selling or offering
for sale in interstate or foreign commerce.
Under the Act, ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. Some of these provisions have
[[Page 68091]]
been further defined in regulations at 50 CFR 17.3. Take can result
knowingly or otherwise, by direct and indirect impacts, intentionally
or incidentally. Regulating take would help preserve the species'
remaining populations, slow their rate of decline, and decrease
cumulative effects from other ongoing or future threats. Therefore, we
propose to prohibit take of the short-tailed snake, except for take
resulting from those actions and activities specifically excepted by
the 4(d) rule.
The exceptions to the prohibition on take for the short-tailed
snake would include all of the general exceptions to the prohibition on
take of endangered wildlife, as set forth at 50 CFR 17.21(c)(2) through
(4), along with other standard exceptions to the prohibitions (see
Proposed Regulation Promulgation, below). The statute also contains
certain exemptions from the prohibitions, which are found in sections 9
and 10 of the Act.
We are also considering additional exceptions to prohibitions
including incidental take resulting from habitat management activities
that maintain or restore short-tailed snake habitat including
implementation of prescribed fire, actions to reduce the threat of
invasive species such as feral hogs, or other activities that result in
more suitable habitat conditions for the species. We are also
considering a provision excepting incidental take from silviculture
practices and forestry activities that follow best management
practices. As described in Information Requested, we are soliciting
comments from the public regarding specific prohibitions and exceptions
to prohibitions of take of the short-tailed snake that we may consider
in developing the final 4(d) rule for the species.
Despite the prohibitions regarding threatened species, we may under
certain circumstances issue permits to carry out one or more otherwise-
prohibited activities, including those described above. The regulations
that govern permits for threatened wildlife state that the Director may
issue a permit authorizing any activity otherwise prohibited with
regard to threatened species. These include permits issued for the
following purposes: for scientific purposes, to enhance propagation or
survival, for economic hardship, for zoological exhibition, for
educational purposes, for incidental taking, or for special purposes
consistent with the purposes of the Act (see 50 CFR 17.32).
We recognize the special and unique relationship with our State
natural resource agency partners in contributing to conservation of
listed species. State agencies often possess scientific data and
valuable expertise on the status and distribution of endangered,
threatened, and candidate species of wildlife and plants. State
agencies, because of their authorities and their close working
relationships with local governments and landowners, are in a unique
position to assist us in implementing all aspects of the Act. In this
regard, section 6 of the Act provides that we must cooperate to the
maximum extent practicable with the States in carrying out programs
authorized by the Act. Therefore, any qualified employee or agent of a
State conservation agency that is a party to a cooperative agreement
with us in accordance with section 6(c) of the Act, who is designated
by his or her agency for such purposes, would be able to conduct
activities designed to conserve short-tailed snake that may result in
otherwise prohibited take without additional authorization.
Nothing in this proposed 4(d) rule would change in any way the
recovery planning provisions of section 4(f) of the Act, the
consultation requirements under section 7 of the Act, or our ability to
enter into partnerships for the management and protection of the short-
tailed snake. However, interagency cooperation may be further
streamlined through planned programmatic consultations for the species
between us and other Federal agencies, where appropriate. We ask the
public, particularly State agencies and other interested stakeholders
that may be affected by the proposed 4(d) rule, to provide comments and
suggestions regarding additional guidance and methods that we could
provide or use, respectively, to streamline the implementation of this
proposed 4(d) rule (see Information Requested, above).
III. Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals).
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that each Federal action agency ensure, in
consultation with the Service, that any action they authorize, fund, or
carry out is not likely to result in the destruction or adverse
modification of designated critical habitat. The designation of
critical habitat does not affect land ownership or establish a refuge,
wilderness, reserve, preserve, or other conservation area. Such
designation also does not allow the government or public to access
private lands. Such designation does not require implementation of
restoration, recovery, or enhancement measures by non-Federal
landowners. Rather, designation requires that, where a landowner
requests Federal agency funding or authorization for an action that may
affect an area designated as critical habitat, the Federal agency
consult with the Service under section 7(a)(2) of the Act. If the
action may affect the listed species itself (such as for occupied
critical habitat), the Federal agency would have already been required
to consult with the Service even absent the designation because of the
requirement to ensure that the action is not likely to jeopardize the
continued existence of the species. Even if the Service were to
conclude after consultation that the proposed activity is likely to
result in destruction or adverse modification of the critical habitat,
the Federal action agency and
[[Page 68092]]
the landowner are not required to abandon the proposed activity, or to
restore or recover the species; instead, they must implement
``reasonable and prudent alternatives'' to avoid destruction or adverse
modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific data available, those physical or biological features that
are essential to the conservation of the species (such as space, food,
cover, and protected habitat).
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information from the SSA report and information developed during the
listing process for the species. Additional information sources may
include any generalized conservation strategy, criteria, or outline
that may have been developed for the species; the recovery plan for the
species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions found in the 4(d) rule. Federally
funded or permitted projects affecting listed species outside their
designated critical habitat areas may still result in jeopardy findings
in some cases. These protections and conservation tools will continue
to contribute to recovery of the species. Similarly, critical habitat
designations made on the basis of the best available information at the
time of designation will not control the direction and substance of
future recovery plans, habitat conservation plans, or other species
conservation planning efforts if new information available at the time
of those planning efforts calls for a different outcome.
Critical Habitat Determinability
We determine that critical habitat is prudent. Our regulations at
50 CFR 424.12(a)(2) state that critical habitat is not determinable
when one or both of the following situations exist:
(i) Data sufficient to perform required analyses are lacking, or
(ii) The biological needs of the species are not sufficiently well
known to identify any area that meets the definition of ``critical
habitat.''
When critical habitat is not determinable, the Act allows the
Service an additional year to publish a critical habitat designation
(16 U.S.C. 1533(b)(6)(C)(ii)).
We reviewed the available information pertaining to the biological
needs of the species and habitat characteristics where this species is
located. For the short-tailed snake, the species' needs can be inferred
from habitat where it occurs but are not well known. In addition, a
careful assessment of the economic impacts that may occur due to a
critical habitat designation is ongoing. Until these efforts are
complete, information sufficient to perform a required analysis of the
impacts of the designation is lacking. Therefore, we conclude that the
designation of critical habitat for the short-tailed snake is prudent,
but not determinable at this time. The Act allows the Service an
additional year to publish a critical habitat designation that is not
determinable at the time of listing (16 U.S.C. 1533(b)(6)(C)(ii)).
Required Determinations
Clarity of the Rule
We are required by Executive Orders (E.O.s) 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 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.)
Regulations adopted pursuant to section 4(a) of the Act are exempt
from the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) and do not require an environmental analysis under NEPA. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244). This includes
listing, delisting, and reclassification rules, as well as critical
habitat designations and species-specific protective regulations
promulgated concurrently with a decision to list or reclassify a
species as threatened. The courts have upheld this position (e.g.,
Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995)
[[Page 68093]]
(critical habitat); Center for Biological Diversity v. U.S. Fish and
Wildlife Service, 2005 WL 2000928 (N.D. Cal. Aug. 19, 2005) (concurrent
4(d) rule)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), E.O. 13175 (Consultation and Coordination
with Indian Tribal Governments), and the Department of the Interior's
manual at 512 DM 2, we readily acknowledge our responsibility to
communicate meaningfully with federally recognized Tribes on a
government-to-government basis. In accordance with Secretary's Order
3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal
Trust Responsibilities, and the Endangered Species Act), we readily
acknowledge our responsibilities to work directly with Tribes in
developing programs for healthy ecosystems, to acknowledge that Tribal
lands are not subject to the same controls as Federal public lands, to
remain sensitive to Indian culture, and to make information available
to Tribes. We coordinated with Tribes in the SSA development process
and prior to the publication of this proposed rule. We will continue to
work with Tribal entities during the development of a proposed rule for
the designation of critical habitat for the short-tailed snake.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at https://www.regulations.gov and upon request from
the Florida Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Fish and Wildlife Service's Species Assessment Team and the Florida
Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
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; and 4201-4245,
unless otherwise noted.
0
2. In Sec. 17.11, in paragraph (h), amend the List of Endangered and
Threatened Wildlife by adding an entry for ``Snake, short-tailed'' in
alphabetical order under REPTILES to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations
Common name Scientific name Where listed Status and applicable
rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reptiles
* * * * * * *
Snake, short-tailed............. Lampropeltis Wherever found..... T [Federal Register
extenuata. citation when
published as a
final rule]; 50
CFR 17.42(r).\4d\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. As proposed to be amended at 85 FR 61700 (September 30, 2020), 86 FR
18014 (April 7, 2021), 86 FR 62434 (November 9, 2021), 86 FR 66624
(November 23, 2021), and 87 FR 58648 (September 27, 2022), Sec. 17.42
is further amended by adding paragraph (r) to read as follows:
Sec. 17.42 Special rules--reptiles.
* * * * *
(r) Short-tailed snake (Lampropeltis extenuata).
(1) Prohibitions. The following prohibitions that apply to
endangered wildlife also apply to short-tailed snake. Except as
provided under paragraph (r)(2) of this section and Sec. Sec. 17.4 and
17.5, it is unlawful for any person subject to the jurisdiction of the
United States to commit, to attempt to commit, to solicit another to
commit, or cause to be committed, any of the following acts in regard
to this species:
(i) Import or export, as set forth at Sec. 17.21(b) for endangered
wildlife.
(ii) Take, as set forth at Sec. 17.21(c)(1) for endangered
wildlife.
(iii) Possession and other acts with unlawfully taken specimens, as
set forth at Sec. 17.21(d)(1) for endangered wildlife.
(iv) Interstate or foreign commerce in the course of commercial
activity, as set forth at Sec. 17.21(e) for endangered wildlife.
(v) Sale or offer for sale, as set forth at Sec. 17.21(f) for
endangered wildlife.
(2) Exceptions from prohibitions. In regard to this species, you
may:
(i) Conduct activities as authorized by a permit under Sec. 17.32.
(ii) Take, as set forth at Sec. 17.21(c)(2) through (c)(4) for
endangered wildlife.
(iii) Take, as set forth at Sec. 17.31(b).
(iv) Possess and engage in other acts with unlawfully taken
wildlife, as set forth at Sec. 17.21(d)(2) for endangered wildlife.
Janine Velasco,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-21667 Filed 10-2-23; 8:45 am]
BILLING CODE 4333-15-P