The Florida bonneted bat (Eumops floridanus) was listed as endangered under the Endangered Species Act (ESA) on October 2, 2013. According to the ESA, critical habitat must be designated, if prudent and determinable, for any species determined to be an endangered or threatened species. Critical habitat for the bat helps preserve the essential physical and biological features required for survival and recovery of the species.  

Critical habitat, as defined by the ESA, is a specific geographic area that contains features essential to the conservation of a threatened or endangered species that may require special management and protection. 

Within areas occupied by the species, biologists consider physical or biological features needed to support the species life history needs. These include:

• Space for individual and population growth and for normal behavior; 
• Cover or shelter;
• Food, water, air, light, minerals, or other nutritional or physiological requirements;
• Sites for breeding and rearing offspring; and
• Habitats that are protected from disturbances or are representative of the historical, geographical, and ecological distributions of a species.

After considering occupied areas, biologists consider unoccupied areas that may be essential for the conservation of the species.

The critical habitat areas cover a total of approximately 1.2 million acres located in 13 counties across South and Central Florida. The counties are Charlotte, Collier, De Soto, Glades, Hardee, Hendry, Highlands, Lee, Miami-Dade, Monroe, Okeechobee, Osceola and Polk. These areas are made up of nine units, which overlap with the ranges of 43 other listed species and partially overlap with areas that have already been designated as critical habitat for 16 other listed species. While this designation may seem large, these areas are considered essential to the species. Due to fire, drought, hydrologic and other conditions, not all areas provide suitable habitat at all times. Also, the Florida bonneted bat does not roost in caves but instead roosts in large, mature trees with cavities that are relatively rare on the landscape. You can see the critical habitat here.

No changes were made to the economic analysis. Several supporting documents such as tables, coordinates and peer reviews were added. Minor boundary adjustments and exclusions were reflected in the final critical habitat designation, amounting to a reduction in the overall critical habitat designation of less than 1.2% of the acreage proposed in the proposed revised rule. Many small, nonsubstantive changes and corrections were made. A full list of the changes to the re-proposed and final critical habitat acreages are outlined in the final rule and can be accessed at https://www.regulations.gov/, search for docket # FWS–R4–ES–2021–0053.

The 16 species with overlapping critical habitat are: West Indian manatee (Trichechus manatus), Cape Sable seaside sparrow (Ammodramus maritimus mirabilis), Everglade snail kite (Rostrhamus sociabilis plumbeus), rim rock crowned snake (Tantilla oolitica), Bartram’s scrub-hairstreak (Strymon acis bartrami), Florida bristle fern (Trichomanes punctatum ssp. floridanum), Florida leafwing (Anaea troglodyta floridalis), Miami tiger beetle (Cicindelidia floridana), Blodgett's silverbush (Argythamnia blodgettii), Carter's small-flowered flax (Linum carteri carteri), Everglades bully (Sideroxylon reclinatum ssp. austrofloridense), Florida brickell-bush (Brickellia mosieri), Florida pineland crabgrass (Digitaria pauciflora), Florida prairie-clover (Dalea carthagenensis floridana), pineland sandmat (Chamaesyce deltoidea pinetorum), and sand flax (Linum arenicola).

Some of Florida’s most well-known species can be found on these lands including Florida panthers, wood storks, eastern indigo snakes, snail kites, Florida scrub jays, Miami tiger beetles, red-cockaded woodpeckers and pine rocklands plants.

Designating critical habitat under the ESA does not affect private landowners unless they implement an action involving federal funds, permits or activities. It does not affect land ownership, nor establish a refuge, wilderness, reserve, preserve or other conservation area conservation area
A conservation area or wildlife management area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife. There are 13 conservation areas and nine wildlife management areas in the National Wildlife Refuge System.

Learn more about conservation area , nor does it allow the government or public to access private lands. 

Additionally, when determining these critical habitat boundaries, the Service made every effort to avoid including developed areas such as lands devoid of native vegetation or covered by buildings, pavement and other structures. Also, over 91% of the proposed area is within conservation lands, and much of the land being proposed for the designation is already designated as critical habitat for 16 other species.

No. Critical habitat designations affect only Federal agency actions or federally funded or permitted activities. Critical habitat designations do not affect activities by private landowners if there is no Federal “nexus”—that is, no Federal funding or authorization. Federal agencies are required to avoid “destruction” or “adverse modification” of designated critical habitat. 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.

All nine of the proposed units are occupied. Below is a table of Florida bonneted bat proposed critical habitat units, all of which are occupied, acres (ac) and hectares (ha) by land ownership type.

Table 1. Final critical habitat units and subunits for the Florida bonneted bat, including acres (ac) and hectares (ha) by land ownership category.

The economic analysis (EA) is comprehensive and considers the likely incremental costs of the critical habitat designation, including the incremental costs associated with section 7 consultations for the Florida bonneted bat and incremental costs that occur outside of the section 7 process, such as triggering additional requirements under state or local laws and perception effects. We are unaware of any relevant county or state regulation that would be triggered by the designation of critical habitat for the Florida bonneted bat.  Section 5 of the economic analysis discusses the possible perceptional effects of the proposed designation on private property values. . The analysis acknowledges that incremental costs from public perception of the critical habitat designation for Florida bonneted bat could be possible. As stated in the analysis, public attitudes and concerns about the regulatory effects of the Act can cause real economic effects to the owners of property, regardless of whether such concerns and effects are actually realized. Over time, as public awareness grows with respect to the role of critical habitat and the impacts of a critical habitat designation, particularly where no Federal nexus compelling a section 7 consultation exists, concerns regarding the effect of critical habitat designation on properties may subside.  

The Florida bonneted bat was listed as endangered under the ESA in October 2013. Critical habitat was proposed in June 2020. Revised proposed critical habitat was proposed in November 2022. Today, we are finalizing the revised proposed critical habitat for the species.

This final rule is available at https://www.regulations.gov/. Comments and materials we received, supporting documentation used in preparing this rule, and the economic analysis are available for public inspection at https://www.regulations.gov/, search for docket No. FWS-R4-ES-2019-0106.