[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52567-52575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21110]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2013-0033; 4500030113]
RIN 1018-AZ15
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for Brickellia mosieri (Florida Brickell-bush) and Linum carteri
var. carteri (Carter's Small-flowered Flax)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
endangered species status under the Endangered Species Act of 1973
(Act), as amended, for Brickellia mosieri (Florida brickell-bush) and
Linum carteri var. carteri (Carter's small-flowered flax), two plants
from Miami-Dade County, Florida. The effect of this regulation will be
to add these plants to the List of Endangered and Threatened Plants.
DATES: This rule becomes effective October 6, 2014.
ADDRESSES: This final rule is available on the internet at http://www.regulations.gov and at http://www.fws.gov/verobeach/. Comments and
materials we received, as well as supporting documentation we used in
preparing this rule, are available for public inspection at http://www.regulations.gov. All of the comments, materials, and documentation
that we considered in this rulemaking are available by appointment,
during normal business hours at: U.S. Fish and Wildlife Service, South
Florida Ecological Services Office, 1339 20th Street, Vero Beach, FL
32960; telephone 772-562-3909; facsimile 772-562-4288.
FOR FURTHER INFORMATION CONTACT: Craig Aubrey, Field Supervisor, U.S.
Fish and Wildlife Service, South Florida Ecological Services Office,
1339 20th Street, Vero Beach, FL 32960, by telephone 772-562-3909, or
by facsimile 772-562-4288. Persons who use a telecommunications device
for the deaf (TDD) may call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, a species may warrant
protection through listing if we find that it is an endangered or
threatened species throughout all or a significant portion of its
range. Listing a species as endangered or threatened can only be
completed by issuing a rule. We will also be finalizing the designation
of critical habitat for Brickellia mosieri and Linum carteri var.
carteri under the Act in the near future.
This rule will finalize the listing of Brickellia mosieri and Linum
carteri var. carteri as endangered species.
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species based on any of five
factors: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence. We have determined that Brickellia mosieri and
Linum carteri var. carteri meet the definition of an endangered species
based on Factors A, D, and E.
Peer review and public comment. We sought comments from six
independent specialists to ensure that our action is based on
scientifically sound data, assumptions, and analyses. We invited these
peer reviewers to comment on our listing proposal. We also considered
all other comments and information received during the comment period.
Previous Federal Action
Please refer to the proposed listing rule for Brickellia mosieri
and Linum carteri var. carteri (78 FR 61273; October 3, 2013) for a
detailed description of previous Federal actions concerning these
plants.
Summary of Comments and Recommendations
In the proposed rule published on October 2, 2013 (78 FR 61273), we
requested that all interested parties submit written comments on the
proposal by December 2, 2013. We also contacted appropriate Federal and
State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal.
Newspaper notices inviting general public comment were published in the
Miami Herald.
Peer Reviewer Comments
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from six knowledgeable
individuals with scientific expertise that included familiarity with
Brickellia mosieri and Linum carteri var. carteri and/or their habitat,
biological needs, and threats; the geographical region of South Florida
in which these plants occur; and conservation biology principles. We
received responses from all six of the peer reviewers we contacted.
We reviewed all comments received from the peer reviewers for
substantive issues and new information regarding the listing of
Brickellia mosieri and Linum carteri var. carteri. The peer reviewers
generally concurred with our methods and conclusions, and provided
additional information, clarifications, and suggestions to improve the
final listing rule. Peer reviewer comments are addressed in the
following summary and incorporated into the final rule as appropriate.
(1) Comment: One peer reviewer commented on the lack of discussion
related to the threat of herbivory from invertebrates, both native and
nonnative, and noted that Brickellia cordifolia, a north Florida
species, experiences considerable damage on an annual basis from a not-
yet-identified, leaf-boring-type arthropod. The reviewer also noted the
possible threat of unnaturally high herbivory from deer, rabbits, and
other vertebrates, as well as threats associated with feral hogs, both
of which he stated are threats throughout most of Florida.
Our Response: We appreciate the information provided; however,
biologists monitoring Brickellia mosieri in Miami-Dade County have not
observed any significant damage to the species from invertebrates or
vertebrates, native or nonnative. In addition, another peer reviewer
noted that deer no longer occur in the areas where these plants exist,
and rabbits occur only sparingly, and not in all areas. Based on the
information available at this time, the Service does believe that
predation poses a threat to Brickellia mosieri.
(2) Comment: One peer reviewer noted that two specimens of
Brickellia mosieri (filed as B. eupatorioides and annotated by K.A.
Bradley as B. eupatorioides var. floridana) in the collection at the
Fairchild Tropical Botanic Garden Herbarium indicate that the
historical range of this species probably extended north of South
Miami. Based on these specimens, the reviewer stated that the
historical range is better characterized as extending from
approximately Coconut Grove to Florida City, while allowing that these
observations may have been included
[[Page 52568]]
with those described as not giving accurate or precise location
information under ``Historical Range'' in the proposed rule.
Our Response: We appreciate the information provided. The Service
was aware of one of these samples (by Buswell in 1947 from a pineland
south of Coral Gables), which was referenced by Bradley and Gann (1999,
p. 16), and incorporated into their approximation of historical range
(South Miami is less than 3.2 km (2.0 mi) southwest of Coral Cables).
However, we were not aware of the second sample (by Small in 1912 from
pinelands near Coconut Grove). Based on this new information, we agree
that the northern extent of the historical range is more appropriately
characterized as Coconut Grove. We have incorporated the revised text
and related changes (i.e., calculations of range contraction) in the
Background and Determination sections in this final rule.
Comment: One peer reviewer noted that an understanding of these
plants' reproductive biology, especially their floral biology,
pollination, and breeding systems, is especially critical to helping
them recover more robust numbers. A second peer reviewer had a similar
comment regarding the need for additional study related to seed
dispersal, pollinator mechanisms, and augmentation and reintroduction
studies. The first reviewer noted that the effects of habitat
conditions on the reproductive allocation of both plants has not yet
been quantified, and that individuals in smaller, more isolated, and/or
degraded pine rockland habitat fragments have lower reproductive rates
than counterparts in larger, more well-maintained pine rockland sites,
leading to the likely loss of genetic diversity represented in those
low-quality sites over time.
Our Response: We agree and had incorporated similar statements in
our discussion of Habitat Fragmentation and Effects of Small Population
Size and Isolation (under Factors A and E, respectively, in the Summary
of Factors Affecting the Species section) in the proposed listing rule.
(4) Comment: One peer reviewer requested further identification of
the area identified as ``Rockdale Pineland Addition'' in Table 2 of the
proposed rule (78 FR 61273; October 3, 2013).
Our Response: According to the Florida Natural Area Inventory's
(FNAI) Florida Conservation Lands data layer (September 2013 version),
the area known as Rockdale Pineland consists of two parcels: Rockdale
Pineland (approximately 26 acres, owned by the State of Florida and
managed by Miami-Dade County), and the Rockdale Pineland Addition
(approximately 21 acres, owned and managed by Miami-Dade County).
Rockdale Pineland Addition surrounds Rockdale Pineland, like a buffer.
The Linum carteri var. carteri occurrence is within this ``buffer,''
along the edges of the abandoned FEC Railroad tracks, adjacent to pine
rockland habitat.
(5) Comment: One peer reviewer noted an apparent discrepancy
between the occupancy of Brickellia mosieri on Federal lands (U.S.
Coast Guard (USCG) and National Oceanic Atmospheric Association (NOAA)
lands in the Richmond Pinelands), as described in Table 1 and in the
Federal section under the discussion of Factor D, The Inadequacy of
Existing Regulatory Mechanisms, in the proposed rule (78 FR 61273;
October 3, 2013).
Our Response: The discrepancy was related to the difference between
how Brickellia mosieri occurrences were reported in Table 1 (i.e.,
specific to managed area and owner) versus how we evaluated whether an
area was considered occupied (i.e., described at the habitat patch
level). We considered contiguous pine rockland habitat to be the same
habitat patch, regardless of where ownership boundaries were located
within it. A habitat patch was considered occupied if the species
occurs within its boundaries, although the species may not have been
observed throughout the entire patch. Thus, NOAA and some USCG lands
are considered occupied by Brickellia mosieri because an extant
population occurs within the same habitat patches (Martinez Pineland
and University of Miami, respectively). That said, we have revised the
language in the discussion of Federal regulations under Factor D in the
Summary of Factors Affecting the Species section to explain this
distinction.
(6) Comment: One peer reviewer noted that Lygodium microphyllum
(Old World climbing fern) is not likely a threat to Brickellia mosieri
and Linum carteri var. carteri as it primarily occupies wetland
habitats, and is not known to invade pine rockland habitat.
Our Response: We agree and have removed this language from our
discussion of nonnative plants under Factor E in the Summary of Factors
Affecting the Species section.
(7) Comment: One peer reviewer stated that the U.S. General
Services Administration property within the Richmond Pinelands Complex
should be more thoroughly surveyed for both plants, especially
Brickellia mosieri.
Our Response: The lands referenced are now owned by the U.S. Army
Corps of Engineers. However, we agree with the peer reviewer and would
encourage and support such a survey being conducted. The Richmond
Pinelands Complex represents the largest remaining group of contiguous
fragments of pine rockland habitat outside of Everglades National Park
(ENP), and the Service hopes to cooperatively engage all landowners,
including Federal agencies, to survey, manage, and conserve this area.
(8) Comment: One peer reviewer specifically supported our rationale
for the proposed listing determination, which focused on a more
qualitative assessment of threats, rather than some form of population
viability analysis, due to limited data available, especially in
relation to population response to stochastic events and long-term
disturbances. The reviewer also noted that guidelines developed for
medium-to-large size animals do not work well for herbaceous plants,
which could have 1,000 individuals concentrated in a single site,
making the species vulnerable to a single event of human or natural
origin.
Our Response: We agree, and thank the reviewer for this comment.
Comments From States
The two plants occur only in Florida. We received no comments from
the State of Florida regarding the listing proposal. We note, however,
that one peer reviewer was from the Florida Forest Service, Florida
Department of Agriculture and Consumer Services; those comments are
addressed above.
Public Comments
During the first comment period, we received two public comment
letters directly addressing the proposed listing. Both commenters
suggested technical corrections to sections of the proposed rule
pertaining to the Background and Summary of Factors Affecting the
Species, related to scientific names, species biology, and citations,
to include additional information and correct minor errors. We did not
receive any requests for a public hearing, nor did we receive any
comments on the listing rule during the second comment period. The
comments are appreciated and have been incorporated into the
appropriate sections of the final rule. The remaining comments we
received are grouped below into two general issues.
Issue 1: Habitat
(9) Comment: One commenter noted that the sandhill community does
not occur in Miami-Dade County (per FNAI 2010), and suggests that mesic
flatwoods
[[Page 52569]]
would be a more appropriate description of an intergrade community with
pine rocklands on the northern Miami Rock Ridge.
Our Response: We thank the reviewer for this comment, and
acknowledge that there is an apparent discrepancy between the described
pine rockland-sandhill community association on the northern Miami Rock
Ridge (per Snyder et al. 1990, p. 257, as well as FNAI 2010, p. 63) and
the described extent of sandhill within Florida (does not extend into
Miami-Dade County; FNAI 2010, p. 40). Based on review of the FNAI
community descriptions, we agree that the classification of mesic
flatwoods most accurately describes the community into which pine
rockland merges in northern Miami-Dade County, and have incorporated
this information in the Background section.
(10) Comment: One commenter noted that, in our discussion of
natural forest communities (NFCs) in Miami-Dade County (in the Local
section under the discussion of Factor D, The Inadequacy of Existing
Regulatory Mechanisms of the proposed rule (78 FR 61273; October 3,
2013)), tropical hardwood hammocks include rockland hammocks.
Our Response: We agree. In this instance, we used the term
``tropical hardwood hammock'' in keeping with the terminology used on
Miami-Dade County environmental Web sites to describe this type of
habitat within NFCs and Environmentally Endangered Lands. Because of
this, and because pine rocklands are the focus of the discussion, we
believe it is suitable to retain the existing wording in this section.
Issue 2: Threats
(11) Comment: One commenter stated that Pine Shore Pineland
Preserve burned in a wildfire on April 8, 2013, resulting in improved
habitat conditions. Because of this, and in relation to this
commenter's previous cited personal communication (in the proposed rule
(78 FR 61273; October 3, 2013)), the commenter believes that this
population of Brickellia mosieri is no longer the most endangered.
Our Response: We appreciate the information provided and have
removed the subject sentence related to the habitat condition and
status of Brickellia mosieri on Pine Shore Pineland Preserve from the
Summary of Factors Affecting the Species section.
(12) Comment: One commenter indicated that the threat of mountain
biking at R. Hardy Matheson Preserve has been mitigated (as opposed to
remedied, as stated in the proposed rule (78 FR 61273; October 3,
2013)) by the installation of fencing. This commenter also stated that
habitat succession has increased since mountain bikers have been fenced
out, which has not benefited habitat for Linum carteri var. carteri.
Our Response: We appreciate the information provided and have
incorporated it into the Summary of Factors Affecting the Species
section.
Summary of Changes From the Proposed Rule
Based on information we received in peer review and public
comments, we made the following changes:
In the Background section:
(1) We made the following five changes to scientific names: Revised
the names of three plants to reflect the accepted taxonomy per the
Integrated Taxonomic Information System (ITIS), added a subspecies
designation and corrected the common name of one plant to represent the
intended pine rockland subspecies, and deleted one plant from the
vegetation list to prevent potential taxonomic confusion.
(2) We corrected one citation (Bradley and Gann 1999), which was
missing a digit in the year.
(3) We revised the description of pine rockland's natural community
associations on the northern Miami Rock Ridge, changing the association
with sandhill to an association with mesic flatwoods.
(4) We revised the historical range of Brickellia mosieri,
extending the northern extent from ``South Miami'' to ``approximately
Coconut Grove'', to reflect new information regarding herbarium
samples. Related to this change, we revised our calculations of the
contraction of historical range, from more than 13 percent to more than
30 percent.
(5) We included additional information on the flowering response of
Brickellia mosieri to fire.
In the Summary of Factors Affecting the Species section:
(6) We deleted a sentence related to the habitat condition and
status of Brickellia mosieri on Pine Shore Pineland Preserve, as it was
no longer applicable.
(7) We revised wording related to the occurrence of Brickellia
mosieri in the Richmond Pinelands and specifically on lands managed by
USCG and NOAA.
(8) We made the following changes to two scientific names: Revised
the name of one plant to reflect the accepted taxonomy per ITIS, and
changed the name of one plant in two places to correct a typographical
error.
(9) We removed a sentence referencing the potential future threat
of Lygodium microphyllum, since this plant is unlikely to pose a threat
to pine rockland species due to its strong association with wetter
habitats.
(10) We revised and included additional information on the threat
of mountain biking and habitat conditions at R. Hardy Matheson
Preserve.
(11) We revised a sentence regarding IRC's Brickellia mosieri
reintroduction site, replacing ``George and Avery Pineland'' with ``one
private site.''
Background
Brickellia mosieri
Please refer to the proposed listing rule (78 FR 61273; October 3,
2013) for the description of Brickellia mosieri, its taxonomy, and its
suitable climate. Below we present updated summaries of information in
the proposed rule, and new information based on peer review and public
comment, related to its habitat, historical and current range,
population estimates, demographics, reproduction, and genetics.
Habitat
Brickellia mosieri grows exclusively in pine rocklands on the Miami
Rock Ridge in Miami-Dade County outside the boundaries of ENP. This
area extends from the ENP boundary, near the park entrance road,
northeast approximately 72 kilometers (km) (45 miles (mi)) to the
ridge's end near North Miami. Habitat conditions more specific to this
area are highlighted below. The pine rocklands are a unique ecosystem
found on limestone substrates in three areas in Florida--the Miami Rock
Ridge, in the Florida Keys, and in the Big Cypress Swamp. The pine
rocklands differ to some degree between and within these areas with
regard to substrate (e.g., amount of exposed limestone, type of soil),
elevation, hydrology, and species composition (both plant and animal).
The substrate, elevation, and hydrology of pine rocklands on the Miami
Rock Ridge outside of ENP are discussed in detail in the proposed
listing rule for B. mosieri and Linum carteri var. carteri (78 FR
61273; October 3, 2013), while the species composition of this area is
discussed below.
Pine rockland is characterized by an open canopy of South Florida
slash pine (Pinus elliottii var. densa). Subcanopy development is rare
in well-maintained pine rocklands, with only occasional hardwoods, such
as Lysiloma latisiliquum (wild tamarind) and Quercus virginiana (live
oak) growing to tree size in Miami Rock Ridge pinelands (Snyder et al.
1990, p. 253). The shrub/understory layer is a diverse mix of
[[Page 52570]]
species including both temperate and tropical shrubs and palms.
Dominant plants in the shrub layer of pine rocklands vary based on
elevation, substrate, and nearby associated natural communities. The
pine rocklands where Brickellia mosieri occurs are characterized by an
open shrub canopy of Serenoa repens (saw palmetto), Myrica cerifera
(wax myrtle), Metopium toxiferum (poisonwood), and Sideroxylon
salicifolium (willow bustic) as well as species with more restricted
distribution within pine rocklands including Sideroxylon reclinatum
ssp. austrofloridense (Everglades bully), Callicarpa americana (beauty
berry), Dodonaea angustifolia (varnish leaf), and Ilex cassine (dahoon
holly) (Snyder et al. 1990, p. 254; Bradley and Gann 1999, p. 12). The
shrub layer in pinelands occurring in the northern end of the Miami
Rock Ridge more closely resembles pine flatwoods as a result of the
amount of sandy soils in this area, with species such as Lyonia
fruticosa (staggerbush), Quercus minima (dwarf live oak), Quercus
pumila (running oak), and Vaccinium myrsinites (shiny blueberry)
becoming more common (Snyder et al. 1990, p. 255). The height and
density of the shrub layer vary based on fire frequency, with
understory plants growing taller and more dense as time since fire
increases.
Pine rocklands in all three areas of Florida contain a richly
diverse herbaceous layer, including a large number of rare and endemic
species, such as Brickellia mosieri. The diversity of the herbaceous
layer decreases as the density of the shrub layer increases (i.e., as
understory openness decreases), and pine rockland on the mainland has a
more diverse herbaceous layer, due to the presence of temperate species
and some tropical species that do not occur in the Florida Keys (FNAI
2010, p. 63). The herbaceous layer can range from mostly continuous in
areas with more soil development and little exposed limestone, to
sparse where much of the limestone is at the surface. Most herbaceous
species in pine rocklands are perennials (Snyder et al. 1990, p. 257).
Common herbaceous associates of B. mosieri in the Miami Rock Ridge pine
rocklands include Schizachyrium sanguineum (crimson bluestem),
Schizachyrium gracile (wire bluestem), Symphyotrichum adnatum
(scaleleaf aster), and Acalypha chamaedrifolia (bastard copperleaf)
(Bradley and Gann 1999, p. 12). B. mosieri may also be found in close
association with several other rare plants, including Chamaesyce
deltoidea ssp. deltoidea (deltoid spurge), Chamaesyce deltoidea ssp.
adhaerens (wedge sandmat), Chamaesyce deltoidea ssp. pinetorum
(pineland sandmat), Galactia smallii (Small's milkpea), Polygala
smallii (tiny polygala), and Argythamnia blodgettii (Blodgett's
silverbush) (Bradley and Gann 1999, p. 12).
Pine rockland occurs in a mosaic with primarily two other natural
community types--rockland hammock and marl prairie. Pine rockland
grades into rockland hammock; pine rockland has an open pine canopy,
and rockland hammock has a closed, hardwood canopy. Pine rockland is a
fire-maintained ecosystem--a well-maintained pine rockland is a
savanna-like forest, but, in the absence of fire, it will eventually
succeed into rockland hammock. The functional relationship and response
of pine rocklands and Brickellia mosieri to fire and other natural
disturbances are discussed in detail in the proposed listing rule for
B. mosieri and Linum carteri var. carteri (78 FR 61273; October 3,
2013).
Pine rockland on the Miami Rock Ridge can also occur within lower,
seasonally flooded marl prairies, which differ from pine rockland in
having no pines, an understory dominated by grasses and sedges, and a
minimal cover of shrubs (FNAI 2010, p. 63). Where pine rockland occurs
close to the ocean, it may be bordered by mangrove swamp or salt marsh
and can receive flooding by extremely high tides (FNAI 2010, p. 63).
Pine rocklands on the northern Miami Rock Ridge grade into scrub and
mesic flatwoods vegetation where the three communities intermix in
areas with deep sands and rock outcrops (Snyder et al. 1990, p. 257;
Gann 2014, pers. comm.).
Historical Range
Brickellia mosieri is endemic to the pine rocklands of the Miami
Rock Ridge in Miami-Dade County. It was historically known from central
and southern Miami-Dade County from approximately Coconut Grove to
Florida City, a range of approximately 45.0 km (28.0 mi), along the
Miami Rock Ridge (based on data in Bradley and Gann 1999, p. 11, and
Fairchild Tropical Botanic Garden Virtual Herbarium 2014, page numbers
not applicable). However, Bradley and Gann (1999, p. 11) state that
herbarium specimens have not been studied from the New York Botanical
Garden, so the full extent of its historical range is unknown. Some
available herbarium specimens and other records for this plant (Bradley
and Gann 1999, p. 16; Wunderlin and Hansen 2008, page numbers not
applicable) do not give precise or accurate location information.
Current Range, Population Estimates, and Status
Brickellia mosieri is currently distributed from central and
southern Miami-Dade County from SW 120 St. (latitude ca. 25 degrees
([deg]) 39.4 minutes (')N) to Florida City (latitude ca. 25[deg]
26.0'N) (Bradley and Gann 1999, p. 11), suggesting its historical range
has contracted at least 13.6 km (8.5 mi), or more than 30 percent. A
detailed account of B. mosieri occurrences and population status were
provided in the proposed listing rule (78 FR 61273) published in the
Federal Register on October 2, 2013.
Demographic, Reproductive Biology, and Population Genetics
Little research has been done into the demography, reproductive
biology, or genetics of Brickellia mosieri. Field observations indicate
that the species does not usually occur in great abundance--populations
are typically sparse and contain a low density of plants even in well-
maintained pine rockland habitat (Bradley and Gann 1999, p. 12).
Reproduction is sexual (Bradley and Gann 1999, p. 12). While specific
pollinators or dispersers are unknown, flower morphology suggests this
species may be pollinated by butterflies, bees, or both (Koptur 2013,
pers. comm.); wind is one likely dispersal vector (Gann 2013b, pers.
comm.). Flowering takes place primarily in the fall (August-October)
(Bradley and Gann 1999, p. 12). Off-season flowering is usually the
result of fire, and B. mosieri will flower within 1 to 2 months
following a fire, regardless of the time of year (Possley 2013 pers.
comm.).
Linum carteri var. carteri
Please refer to the proposed listing rule (78 FR 61273; October 3,
2013) for a detailed discussion of Linum carteri var. carteri's
taxonomy, suitable climate, habitat, historical and current range,
population estimates, demographics, reproduction, and genetics. Below
we provide an updated summary of information in the proposed rule, and
new information based on peer review and public comment, related to the
description of the plant.
Description
Linum carteri var. carteri (Family: Linaceae) is an annual or
short-lived perennial herb endemic to Miami-Dade County, where it grows
in pine rocklands, particularly in disturbed pine rocklands (Bradley
and Gann 1999, p. 70). Its stem is erect, 230-360 millimeters (mm)
(9.0-14.2 inches (in)) tall, commonly branched near the base,
[[Page 52571]]
and puberulent (covered with minute hairs). Its leaves are slender (18-
26 mm (0.7-1.0 in) long and 0.8-1.2 mm (0.03-0.05 in) wide), entire,
alternate, and closely overlap at the base of the plant. This variety
has stipules (pair of appendages at the base of the petiole, which is
the stalk by which a leaf is attached to a stem) with paired dark
glands. Its inflorescence (cluster of flowers arranged on a branching
stem) is an ascending or spreading cyme (usually flat-topped or convex
flower cluster in which the main axis and each branch end in a flower
that opens before the flowers below or to the side of it), with yellow
petals that are broadly obovate (egg-shaped), 9-17 mm (0.35-0.67 in)
long, and quickly deciduous. The fruit is straw-colored, ovoid, 4.1-4.6
mm (0.16-0.18 in) long, 3.4-3.7 mm (0.13-0.15 in) in diameter, and
dehisces (opens spontaneously at defined places) into five two-seeded
segments; seeds are narrowly ovoid-elliptic, 2.3-2.8 mm (0.09-0.11 in)
long, 1.0-1.3 mm (0.04-0.05 in) wide. In habit and flower, the plant
closely resembles Piriqueta cistoides ssp. caroliniana (pitted
stripeseed) in the family Turneraceae (Bradley and Gann 1999, p. 70).
Summary of Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may determine a species to
be endangered or threatened due to one or more of the following 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. Listing actions may be warranted based on any of
the above threat factors, singly or in combination. Each of these
factors as applied to these two plants is discussed below or in the
proposed listing rule for Brickellia mosieri and Linum carteri var.
carteri (78 FR 61273; October 3, 2013).
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Brickellia mosieri and Linum carteri var. carteri have experienced
substantial destruction, modification, and curtailment of their habitat
and range (see Status Assessment, in the proposed listing rule for B.
mosieri and L. c. var. carteri (78 FR 61273; October 3, 2013) and
revised information above). Specific threats to these plants included
in this factor include habitat loss, fragmentation, and modification
caused by development (i.e., conversion to both urban and agricultural
land uses) and inadequate fire management. Human population growth and
development and habitat fragmentation and their specific effects on
these plants are discussed in the proposed listing rule for B. mosieri
and L. c. var. carteri (78 FR 61273; October 3, 2013), while fire
management is summarized below.
Fire Management
One of the primary threats to both of these plants is habitat
modification and degradation through inadequate fire management, which
includes both the lack of prescribed fire and suppression of natural
fires. Where the term ``fire-suppressed'' is used below and in the
proposed rule, it describes degraded pine rockland conditions resulting
from a lack of adequate fire (natural or prescribed) in the landscape.
The effects of fire suppression on pine rocklands, and fire-adapted
species such as Brickellia mosieri and Linum carteri var. carteri, are
discussed in detail in the proposed listing rule for B. mosieri and L.
c. var. carteri (78 FR 61273; October 3, 2013).
Brickellia mosieri--All occurrences of Brickellia mosieri are
affected by some degree of inadequate fire management, with the primary
threat being shading by hardwoods (Bradley and Gann 1999, p. 15;
Bradley and Gann 2005, page numbers not applicable). While management
of some County conservation lands (e.g., those in Richmond Pinelands
complex and Navy Wells Pineland Preserve) includes regular burning,
other such lands can be severely fire-suppressed. Even in areas under
active management, some portions are typically fire-suppressed, thereby
threatening populations of this species.
Linum carteri var. carteri--The status of Linum carteri var.
carteri populations in relation to fire suppression are described in
the proposed listing rule for Brickellia mosieri and L. c. var. carteri
(78 FR 61273; October 3, 2013).
Implementation of a prescribed fire program in Miami-Dade County
has been hampered by a shortage of resources, and by logistical
difficulties and public concern related to burning next to residential
areas. Many homes have been built in a mosaic of pine rockland, so the
use of prescribed fire in many places has become complicated because of
potential danger to structures and smoke generated from the burns.
Nonprofit organizations, such as the Institute for Regional
Conservation (IRC) have similar difficulties in conducting prescribed
burns due to difficulties with permitting and obtaining the necessary
permissions as well as hazard insurance limitations (Gann 2013a, pers.
comm.). Few private landowners have the means and/or desire to
implement prescribed fire on their property, and doing so in a
fragmented urban environment is logistically difficult and may be
costly. One of the few privately owned pine rocklands that is
successfully managed with prescribed burning is Pine Ridge Sanctuary,
located in a more agricultural (less urban) matrix in the southwestern
portion of Brickellia mosieri's current range; it was last burned in
November 2010 (Glancy 2013, pers. comm.).
Conservation Efforts To Reduce the Present or Threatened Destruction,
Modification, or Curtailment of Habitat or Range
These are discussed in detail in the proposed listing rule for
Brickellia mosieri and Linum carteri var. carteri (78 FR 61273; October
3, 2013).
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Factor B is discussed in detail in the proposed listing rule for
Brickellia mosieri and Linum carteri var. carteri (78 FR 61273; October
3, 2013).
C. Disease or Predation
No diseases or incidences of predation have been reported for
Brickellia mosieri and Linum carteri var. carteri.
D. The Inadequacy of Existing Regulatory Mechanisms
State and local regulations, and fee title properties, are
discussed in detail in the proposed listing rule for Brickellia mosieri
and Linum carteri var. carteri (78 FR 61273; October 3, 2013), while
Federal regulations are discussed below.
Federal
If these plants were not listed, they would have no Federal
regulatory protection in their known occupied and suitable habitat.
Neither taxon occurs on National Wildlife Refuge or National Park land.
Brickellia mosieri is known to occur within habitat patches (where
patch boundaries are based on contiguous pine rockland habitat,
irrespective of land ownership) that include Federal lands within the
Richmond Pinelands Complex, including lands owned by the USCG
[[Page 52572]]
and NOAA. The only known Federal occurrence of Linum carteri var.
carteri is on the U.S. Department of Agriculture's Subtropical
Horticultural Research Station (Chapman Field). There are no Federal
protections for candidate species on these properties. These plants
primarily occur on State- or County-owned and private land (Tables 1
and 2 of the proposed rule), and development of these areas would
likely require no Federal permit or other authorization. Therefore,
projects that affect them would usually not be analyzed under the
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.).
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Brickellia mosieri and Linum carteri var. carteri are both
threatened by other natural or manmade factors that affect each taxon
to varying degrees. Specific threats to these plants included in this
factor consist of the spread of nonnative invasive plants, potentially
incompatible management practices (such as mowing and herbicide use),
direct impacts to plants from recreation and other human activities,
small population size and isolation, climate change, and the related
risks from environmental stochasticity (extreme weather) on these small
populations. With the exception of nonnative plants and recreation,
which are discussed below, the rest of these threats and their specific
effect on these plants are discussed in detail in the proposed listing
rule for B. mosieri and L. c. var. carteri (78 FR 61273; October 3,
2013).
Nonnative Plant Species
Nonnative plants have significantly affected pine rocklands, and
threaten all occurrences of Brickellia mosieri and Linum carteri var.
carteri to some degree (Bradley and Gann 1999, pp. 15, 72; Bradley and
Gann 2005, page numbers not applicable; Bradley 2007, pers. comm.;
Bradley and van der Heiden 2013, pp. 12-16). As a result of human
activities, at least 277 taxa of nonnative plants have invaded pine
rocklands throughout south Florida (Service 1999, p. 3-175). Neyraudia
reynaudiana (Burma reed) and Schinus terebinthifolius (Brazilian
pepper) threaten both plants (Bradley and Gann 1999, pp. 13, 72). S.
terebinthifolius, a nonnative tree, is the most widespread and one of
the most invasive species. It forms dense thickets of tangled, woody
stems that completely shade out and displace native vegetation (Loflin
1991, p. 19; Langeland and Craddock Burks 1998, p. 54). Acacia
auriculiformis (earleaf acacia), Melinis repens (natal grass), Lantana
camara (shrub verbena), and Albizia lebbeck (tongue tree) are some of
the other nonnative species in pine rocklands.
Nonnative invasive plants compete with native plants for space,
light, water, and nutrients, and make habitat conditions unsuitable for
both Brickellia mosieri and Linum carteri var. carteri, which respond
positively to open conditions. They also affect the characteristics of
a fire when it does occur. Historically, pine rocklands had an open,
low understory where natural fires remained patchy with low temperature
intensity, thus sparing many native plants such as B. mosieri and L. c.
var. carteri. Dense infestations of Neyraudia reynaudiana and Schinus
terebinthifolius cause higher fire temperatures and longer burning
periods. With the presence of invasive nonnative species, it is
uncertain how fire, even under a managed situation, will affect these
plants. Bradley and Gann (1999, pp. 13, 71-72) indicated that the
control of nonnative plants is one of the most important conservation
actions for these plants and a critical part of habitat maintenance.
Management of nonnative invasive plants in pine rocklands in Miami-
Dade County is further complicated because the vast majority of pine
rocklands are small, fragmented areas bordered by urban development.
Areas near managed pine rockland that contain nonnative species can act
as a seed source of nonnatives allowing them to continue to invade the
surrounding pine rockland (Bradley and Gann 1999, p. 13).
Recreation and Other Human Activities
Linum carteri var. carteri's occurrence in disturbed, open areas
such as firebreaks and road rights-of-way also makes it much more
susceptible than Brickellia mosieri to recreational and other human
activities. These activities may inadvertently impact some populations
of L. c. var. carteri. In the past, mountain biking has been identified
as a threat at R. Hardy Matheson Preserve (Bradley and Gann 1999, pp.
71, 74; Bradley 2007, pers. comm.). This threat was mitigated by the
placement of protective fencing, however, since mountain bikers have
been fenced out, habitat succession has increased and resulted in less
suitable conditions for L. c. var. carteri (Possley 2013, pers. comm.).
More recently, a colony of L. c. var. carteri at Camp Owaissa Bauer
Addition has been impacted by ``yard sales'' and car parking along
Krome Avenue (Bradley and van der Heiden 2013, p. 13). While these
impacts are usually some distance from the plants, they sometimes
encroach on the edge of the natural area and have the potential to
trample the plants. This plant occurs in similar habitat on Rockdale
Pineland, where it is found along the edges of the abandoned Florida
East Coast Railway tracks, adjacent to pine rockland habitat (Bradley
and van der Heiden 2013, p. 16). Here, plants have also been trampled
from parking vehicles and machinery along the edges of the railroad
right-of-way (Bradley and van der Heiden 2013, p. 16). While these
activities have affected individual plants in some populations, they
are not likely to have caused significant population declines in the
taxon.
Conservation Efforts To Reduce Other Natural or Manmade Factors
Affecting Continued Existence
An IRC program included reintroduction of both Brickellia mosieri
and Linum carteri var. carteri in an effort to establish new
occurrences of these plants and increase population sizes. To date, B.
mosieri has been reintroduced to at least one private site, although
the status of these plants is currently unknown (Gann 2013b, pers.
comm.).
Ex-situ conservation by Fairchild Tropical Botanic Garden consists
of seed collection of pine rockland plants, including Brickellia
mosieri and Linum carteri var. carteri, to learn about their
germination, storage, and cultivation requirements to help safeguard
these plants from extinction. This program is discussed in detail in
the proposed listing rule for Brickellia mosieri and Linum carteri var.
carteri (78 FR 61273; October 3, 2013).
Summary of Biological Status and Threats
Only small and fragmented occurrences of these two plants remain.
The current ranges of Brickellia mosieri and Linum carteri var. carteri
span such a small geographic area--a narrow band no more than 4.0 km
(2.5 mi) in width, and approximately 30.1 km (18.7 mi) and 26.9 km
(16.7 mi) in length, respectively, along the Miami Rock Ridge--that all
populations could be affected by a single event (e.g., hurricane). Four
of the seven remaining populations of L. c. var. carteri have fewer
than 20 individual plants. B. mosieri populations occur in higher
numbers, but are still not considered sizable. L. c. var. carteri shows
great differences in plant numbers from year to year, probably because
individuals typically live 1-2 years and grow from seed. This trait
makes them more vulnerable than perennials to changes in
[[Page 52573]]
environment. Viable plant populations for small, short-lived herbs may
consist of tens of thousands of plants (Menges 1991, p. 48; Lande 1995,
p. 789). Although robust population viability analyses (including
minimum viable population calculations) have not been conducted for
these plants, indications are that most existing populations for both
plants are at best marginal.
We have determined that the threats to both Brickellia mosieri and
Linum carteri var. carteri consist primarily of habitat loss and
modification through urban and agricultural development, lack of
adequate fire management, proliferation of nonnative invasive plants,
and sea level rise. Threats described under Factor A--habitat loss,
fragmentation, and degradation resulting from development and
inadequate fire management, and Factor E--competition from nonnative
invasive plants, are believed to be the primary drivers in the
historical and recent declines of B. mosieri and L. c. var. carteri. L.
c. var. carteri has also been threatened by anthropogenic disturbances
which threaten populations in disturbed habitats, such as firebreaks
and road rights-of-way, and both plants are suspected to be negatively
affected by threats related to small, isolated populations (Factor E).
All of these threats are ongoing and expected to continue to impact
populations of these plants in the future. Current local, State, and
Federal regulatory mechanisms (Factor D) are inadequate to protect
these plants from taking and habitat loss. Despite these existing
regulatory mechanisms, B. mosieri and L. c. var. carteri continue to
decline.
Other factors that are likely to threaten Brickellia mosieri and
Linum carteri var. carteri in the future include climate change
(including sea level rise) and extreme weather events (hurricanes,
frost events). Effects of these could be catastrophic on isolated,
small populations of both plants (Factor E). The narrow distribution of
their populations makes them more susceptible to extirpation from a
single catastrophic event. This level of isolation makes natural
recolonization of extirpated populations virtually impossible without
human intervention.
Determination
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to Brickellia mosieri and Linum carteri var. carteri. As described in
detail above and in the proposed listing rule (78 FR 61273; October 3,
2013), both plants are currently at risk throughout all of their
respective ranges due to the immediacy and severity of threats from
habitat destruction and modification (Factor A) and other natural or
manmade factors affecting their continued existence (Factor E), and
existing regulatory mechanisms are inadequate to reduce these threats
(Factor D). Although actions are ongoing to alleviate some threats, no
populations appear to be free of major threats. As a result, impacts
from increasing threats, singly or in combination, are likely to result
in the extinction of these plants.
Brickellia mosieri
Numerous threats are occurring now and are likely to continue in
the foreseeable future, at a high intensity, and across the entire
range of Brickellia mosieri; therefore, we have determined the species
is in danger of extinction throughout its range. The threats are
currently active, and will continue to affect the populations of B.
mosieri into the foreseeable future, and these threats will
individually and collectively contribute to the species' local
extirpation and potential extinction. Because these threats are placing
the species in danger of extinction now and not only at some point in
the foreseeable future, we find that this species meets the definition
of an endangered species, rather than a threatened species. Therefore,
we have determined that B. mosieri meets the definition of endangered
in accordance with sections 3(6) and 4(a)(1) of the Act.
Linum carteri var. carteri
Numerous threats are occurring now and are likely to continue in
the foreseeable future, at a high intensity, and across the entire
range of Linum carteri var. carteri; therefore, we have determined the
taxon is in danger of extinction throughout its range. The threats are
currently active, and will continue to affect the populations of L. c.
var. carteri into the foreseeable future, and these threats will
individually and collectively contribute to the plant's local
extirpation and potential extinction. Because these threats are placing
the taxon in danger of extinction now and not only at some point in the
foreseeable future, we find this taxon meets the definition of an
endangered species rather than a threatened species. Therefore, we have
determined that L. c. var. carteri meets the definition of endangered
in accordance with sections 3(6) and 4(a)(1) of the Act.
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' We find that threatened species status
is not appropriate for these plants because of contracted range,
because the threats are occurring rangewide and are not localized, and
because the threats are ongoing and expected to continue into the
future.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. The threats to the survival of these
plants occur throughout the plants' respective ranges and are not
restricted to any particular significant portion of those ranges.
Accordingly, our assessment and proposed determination applies to the
plants throughout their entire ranges.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation by Federal, State, Tribal, and local agencies, private
organizations, and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent
[[Page 52574]]
recovery actions and describes the process to be used to develop a
recovery plan. Revisions of the plan may be done to address continuing
or new threats to the species, as new substantive information becomes
available. The recovery plan identifies site-specific management
actions that set a trigger for review of the five factors that control
whether a species remains endangered or may be downlisted or delisted,
and methods for monitoring recovery progress. Recovery plans also
establish a framework for agencies to coordinate their recovery efforts
and provide estimates of the cost of implementing recovery tasks.
Recovery teams (composed of species experts, Federal and State
agencies, nongovernmental organizations, and stakeholders) are often
established to develop recovery plans. When completed, the recovery
outline, draft recovery plan, and the final recovery plan will be
available on our Web site (http://www.fws.gov/endangered), or from our
South Florida Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
Following publication of this final listing rule, 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 Brickellia mosieri and Linum
carteri var. carteri. Information on our grant programs that are
available to aid species recovery can be found at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for Brickellia mosieri and Linum carteri var. carteri.
Additionally, we invite you to submit any new information on these
plants whenever it becomes available and any information you may have
for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into consultation with the
Service.
Federal agency actions within the species' habitat that may require
conference or consultation or both as described in the preceding
paragraph include, but are not limited to, management and any other
landscape-altering activities on Federal lands administered by the
Department of Defense, Homeland Security/U.S. Coast Guard, U.S. Prisons
Bureau, National Oceanic and Atmospheric Administration, National Park
Service, U.S. Fish and Wildlife Service, and U.S. Department of
Agriculture; the issuance of Federal permits under section 404 of the
Clean Water Act (33 U.S.C. 1251 et seq.) by the U.S. Army Corps of
Engineers; construction and management of gas pipeline and power line
rights-of-way by the Federal Energy Regulatory Commission; construction
and maintenance of roads or highways by the Federal Highway
Administration; and implementation of the National Flood Insurance
Program and disaster relief efforts conducted by the Federal Emergency
Management Agency.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to endangered plants.
All prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR
17.61, apply. These prohibitions, in part, make it illegal for any
person subject to the jurisdiction of the United States to import or
export, transport in interstate or foreign commerce in the course of a
commercial activity, sell or offer for sale in interstate or foreign
commerce, or remove and reduce the species to possession from areas
under Federal jurisdiction. In addition, for plants listed as an
endangered species, the Act prohibits the malicious damage or
destruction on areas under Federal jurisdiction and the removal,
cutting, digging up, or damaging or destroying of such plants in
knowing violation of any State law or regulation, including State
criminal trespass law. Exceptions to these prohibitions are outlined in
50 CFR 17.62.
Preservation of native flora of Florida (Florida Statutes 581.185)
sections (3)(a) and (b) provide limited protection to species listed in
the State of Florida Regulated Plant Index including Brickellia mosieri
and Linum carteri var. carteri, as described under Factor D, The
Inadequacy of Existing Regulatory Mechanisms. Federal listing increases
protection for these plants by making violations of section 3 of the
Florida Statute punishable as a Federal offense under section 9 of the
Act. This statutory relationship provides increased protection from
unauthorized collecting and vandalism for the plants on State and
private lands, where they might not otherwise be protected by the Act,
and increases the severity of the penalty for unauthorized collection,
vandalism, or trade in these plants.
We may issue permits to carry out otherwise prohibited activities
involving endangered and threatened plant species under certain
circumstances. Regulations governing permits are codified at 50 CFR
17.62 for endangered plants, and at 50 CFR 17.72 for threatened plants.
With regard to endangered plants, a permit must be issued for
activities undertaken for scientific purposes or to enhance the
propagation or survival of the species.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a listing on
proposed and ongoing activities within the range of listed species. The
following activities could potentially result in a violation of section
9 of the Act; this list is not comprehensive:
(1) Import Brickellia mosieri or Linum carteri var. carteri into,
or export these plants from, the United States.
(2) Remove and reduce to possession Brickellia mosieri or Linum
carteri var. carteri from areas under Federal jurisdiction; maliciously
damage or
[[Page 52575]]
destroy these plants on any such area; or remove, cut, dig up, or
damage or destroy these plants on any other area in knowing violation
of any law or regulation of any State or in the course of any violation
of a State criminal trespass law.
(3) Deliver, receive, carry, transport, or ship in interstate or
foreign commerce, by any means whatsoever and in the course of a
commercial activity, Brickellia mosieri or Linum carteri var. carteri.
(4) Sell or offer for sale in interstate or foreign commerce
Brickellia mosieri or Linum carteri var. carteri.
(5) Introduce any nonnative wildlife or plant species to the State
of Florida that compete with or prey upon Brickellia mosieri or Linum
carteri var. carteri.
(6) Release any unauthorized biological control agents that attack
any life stage of Brickellia mosieri or Linum carteri var. carteri.
(7) Manipulate or modify the habitat of Brickellia mosieri or Linum
carteri var. carteri on Federal lands without authorization.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the South
Florida Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act need not be prepared in connection with
listing a species as an endangered or threatened species under the
Endangered Species Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination With Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial 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. No tribal lands are impacted by this
listing.
References Cited
A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov and upon request from the
South Florida Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this final rule are the staff members of the
South Florida Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as follows:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245;
unless otherwise noted.
0
2. Amend Sec. 17.12(h) by adding entries for ``Brickellia mosieri''
and ``Linum carteri var. carteri'', in alphabetical order under
Flowering Plants, to the List of Endangered and Threatened Plants, to
read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
---------------------------------------------------------- Historical range Family Status When Critical Special
Scientific name Common name listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Brickellia mosieri................ Brickell-bush, U.S.A. (FL).......... Asteraceae.......... E 844 NA NA
Florida.
* * * * * * *
Linum carteri var. carteri........ Flax, Carter's small- U.S.A. (FL).......... Linaceae............ E 844 NA NA
flowered.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: August 8, 2014.
David Cottingham
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-21110 Filed 9-3-14; 8:45 am]
BILLING CODE 4310-55-P