Q: What action is the U.S. Fish and Wildlife Service taking?
A: The U.S. Fish and Wildlife Service is proposing to list the Key ring-necked snake and the rim rock crowned snake as endangered under the Endangered Species Act (ESA) and is also proposing critical habitat for both species.
Q: Why is the Service proposing these listings?
A: The ESA describes two categories of species that need protection: threatened and endangered. An endangered animal or plant is one that is in danger of extinction throughout all or a significant portion of its range; a threatened animal or plant is one that is likely to become endangered in the foreseeable future. The Service has determined that the Key ring-necked snake and rim rock crowned snake meet the definition of “endangered” as they are in danger of extinction throughout all or a significant portion of their ranges.
Q: What are the Key ring-necked snake and rim rock crowned snake? Why are these species proposed endangered?
A: The Key ring-necked snake is 6- to 10-inches long as an adult, with a grayish-black back, bright yellow and red underside and an indistinct or absent neck ring. It is a narrow endemic that inhabits a limited range, with individuals recorded on seven lower Florida Keys: Key West, Big Pine Key, Little Torch Key, Middle Torch Key, No Name Key, Cudjoe Key, and Stock Island.
Habitat degradation associated with urbanization and fire suppression of pine rocklands is continuing to decrease the quality of remaining habitat for the Key ring-necked snake. Effects associated with climate change climate change
Climate change includes both global warming driven by human-induced emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. Though there have been previous periods of climatic change, since the mid-20th century humans have had an unprecedented impact on Earth's climate system and caused change on a global scale.
Learn more about climate change , such as sea level rise and saltwater intrusion, are the primary threats. Saltwater intrusion has resulted in degradation and loss of suitable habitat as well as the freshwater sources on which the species relies. Shifts in the magnitude of severe storms have contributed to increased flooding, events that have the potential to extirpate entire populations of the Key ring-necked snake. Therefore, after assessing the best available information, the Service is proposing to list the Key ring-necked snake as an endangered species throughout all of its range.
The rim rock crowned snake is also a small snake of 7- to 9-inches with a black cap, a tan to beige back, and a pinkish white to cream belly. The snake is found in the lower Florida Keys, including Key West and Big Pine Key; the upper Florida Keys; and the southeastern Florida peninsula within Miami-Dade County.
The rim rock crowned snake is facing threats across its range due to development, fragmentation, and effects associated with climate change, particularly sea level rise and saltwater intrusion. While populations of rim rock crowned snake in Miami-Dade county are currently stable, populations of the rim rock crowned snake in the Florida Keys are currently in danger of extinction from rising seas and saltwater intrusion. Development, fire suppression, and increasingly severe and frequent storms compound that threat. With the species being in danger of extinction in a significant portion of its range – the Florida Keys – the Service is proposing to list the species as endangered throughout its entire range.
For a species to be listed based on a significant portion of the range, a portion must be both significant and have a different status within the portion. The Service identified the Florida Keys as a portion of the species’ range that may have a different status than the southeastern Florida peninsula within Miami-Dade County, because all eight populations in the Florida Keys have a current condition of “low” as determined by the Species Status Assessment (SSA) report. These populations are impacted by the ongoing effects associated with climate change and sea level rise (i.e., higher tidal surges, coastal and inland flooding, saltwater intrusion).
The Service determined that the Florida Keys portion of the rim rock crowned snake’s range meets the following: (1) the portion is significant, and (2) the species has, in that portion, a different status such that listing is warranted. Thus, the rim rock crowned snake meets the definition of an endangered species within a significant portion of its range so the Service is proposing to list the rim rock crowned snake as an endangered species throughout its range.
Q. What is significant portion of its range?
A. The phrase “significant portion of its range” (SPR) in the ESA definitions of “endangered species” and “threatened species” provides an independent basis for listing. Thus, there are two situations (or factual bases) under which a species would qualify for listing: a species may be endangered or threatened throughout all of its range or a species may be endangered or threatened throughout a significant portion of its range.
If a species is found to be endangered or threatened throughout a significant portion of its range, the entire species is listed as endangered or threatened, respectively, and the ESA's protections apply to all individuals of the species wherever found.
Q. How was the Florida Keys area determined to be a significant portion of its range for the rim rock crowned snake?
A. For a species to be listed based on an significant portion of its range, it must be both significant and have a different status within the portion. Since all eight populations in the Florida Keys have a current condition of “low” as determined by the SSA report, that portion of the range was evaluated as having a different status. The Service then assessed whether the Florida Keys portion was significant.
To assess the significance, the Service considers 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, (3) contain habitat that is essential to a specific life-history function of 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 Florida Keys portion of the range contains the largest intact pine rocklands and rockland hammock habitats within the species range. Specifically, the Florida Keys portion accounts for roughly 82% (12,711 of 15,595 acres) of suitable habitat. Thus, the Florida Keys portion constitutes a large geographic area in relation to the remaining habitat for the species. Having assessed the Florida Keys portion’s biological significance in terms of the above habitat considerations, the Service found the information substantially indicates this portion is significant to the rim rock crowned snake.
Having determined that the Florida Keys portion of the rim rock crowned snake’s range meets the following: (1) the portion is significant, and (2) the species has, in that portion, a different status such that listing is warranted, the rim rock crowned snake meets the definition of an endangered species within a significant portion of its range. This determination is the basis for proposing to list the rim rock crowned snake as endangered throughout its range.
Q: What about other at-risk and listed species impacted by sea level rise in the Florida Keys?
A: For each species that the Service performs a status review, we are required to review the best available scientific and commercial information to determine the status of that species. The Service evaluates the species life history, species needs, threats to the species and habitat, and current and future conditions to make these determinations. This includes the evaluation of the impacts of sea level rise and saltwater intrusion on each species and its habitat to determine if the species under review is currently at risk from these threats, if the species is projected to be at risk in the future, or if the species is not impacted at a level that warrants listing.
All populations of both snakes in the Florida Keys are currently in low condition. The primary threat facing the Key ring-necked snake and rim rock crowned snake in the Florida Keys portion is effects associated with climate change, particularly sea level rise and saltwater intrusion. Saltwater intrusion has resulted in degradation and loss of suitable pine rocklands and rockland hammock habitats in the Florida Keys as well as the freshwater sources on which the snakes rely. All of this, in turn, negatively affects snake movement, reproduction, and food availability. In addition, the underground spaces, such as the limestone substrates, are vulnerable to sea level rise, and increased frequency in flooding of underground areas increases the amount of time that species are displaced from refugia. This displacement makes them more vulnerable to predation, and combined with losses of foraging and breeding opportunities (reproduction), this further decreases population resiliency.
Q: What is critical habitat?
A: The ESA defines critical habitat as the specific geographic areas that contain features essential to the conservation of an endangered or threatened species that may require special management and protection. Critical habitat may also include areas that are not currently occupied by the species but will be needed for its recovery.
Q: How does the Service determine what areas to designate as critical habitat?
A: Within areas occupied by the species, biologists consider physical or biological features needed for life processes. 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 may consider unoccupied areas that may be essential for the conservation of the species.
Q: What is the proposed critical habitat?
A: Key ring-necked snake: The Service is proposing to designate 2,604 acres of land in four units within the lower Florida Keys of Monroe County, Florida, as critical habitat. The proposed designations overlap with critical habitat designations for the Bartram’s scrub hairstreak and Florida leafwing butterflies, Cape Sable thoroughwort, Florida semaphore cactus, and silver rice rat.
Rim rock crowned snake: The proposed critical habitat for the rim rock crowned snake consists of 5,972 acres across 11 units within Miami-Dade and Monroe Counties, Florida. The proposed critical habitat designation overlaps with existing critical habitat designations for the American crocodile, Bartram’s scrub hairstreak and Florida leafwing butterflies, Carter’s small-flowered flax, Cape Sable thoroughwort, Florida brickell-bush, Florida semaphore cactus, Garber’s spurge, Key tree cactus, and West Indian manatee. Of the 11 proposed units, nine units are considered occupied within Miami-Dade and Monroe Counties and two units within Miami-Dade County are considered unoccupied.
View and download files for the proposed critical habitat here.
Q: Does designation of critical habitat affect private landowners?
A: 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 or 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.
Q: What actions will need to be consulted on under the ESA (section 7 or 10) once the species are listed?
A: The effects of the action caused from the construction of fence posts, signs, or kiosks will have minimal ground disturbance and are considered insignificant and discountable and no further action from the Service is needed. Insignificant effects relate to the size of the impact and include those effects that are not measurable. Discountable effects are those that are extremely unlikely to occur. Other kinds of projects that that might affect the species such as other kinds of surface disturbances (trenching or ground clearing) should be sent to FW4FLESRegs@fws.gov for review by the Field Office.
Q: How will ESA protections benefit these snakes?
A: Listing under the ESA provides immediate protection, promotes recovery, and generates greater public awareness about the threats and conservation opportunities. It also inspires actions by diverse partners, including federal, state, Tribal and local agencies, industry, conservation groups, and individuals.
Targeted protections: Under the ESA, federal agencies must ensure actions they approve, fund or carry out do not jeopardize the continued existence of a listed species or destroy or adversely modify its critical habitat. In addition, the ESA protects listed species and their habitats by prohibiting “take” and interstate or international trade in listed species (including their parts and products), except under federal permit. Take is defined by the ESA as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct.” Harm is defined as “an act which actually kills or injures wildlife.” Such an act may include significant habitat modification or degradation where it kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
Recovery efforts: The ESA also requires the Service to develop and implement recovery plans for the conservation of threatened and endangered species. Recovery plans outline actions that are needed to improve the species’ status, so they no longer require protection under the ESA. The Service develops and implements these plans in partnership with species experts, federal, state, and local agencies, Tribes, non-governmental organizations, academia, and other stakeholders.
Q: What conservation efforts are currently being undertaken for these species?
A: The Key ring-necked snake and the rim rock crowned snake are listed in the State of Florida as “state-designated threatened,” and are protected against intentional harm, harassment, possession, or selling. Florida’s Imperiled Species Management Plan created by the Florida Fish and Wildlife Conservation Commission (FWC) addresses the conservation needs of multiple species, to include the Key ring-necked snake and rim rock crowned snake, through a comprehensive approach.
Monroe County implemented a Habitat Conservation Plan (HCP) for Big Pine and No Name Keys in 2006, which requires development projects to fulfill the HCP's mitigation requirement of conserving native habitat such as pine rocklands. This provides some habitat protections for both snakes. The Coral Reef Commons HCP provides some habitat protections for the rim rock crowned snake.
Federal lands provide suitable habitat for these species, as well. The Key ring-necked snake is afforded protections on the National Key Deer Refuge and the rim rock crowned snake is afforded protections on National Key Deer Refuge, Crocodile Lake National Wildlife Refuge and Everglades National Park, although it has only been documented at National Key Deer and Crocodile Lake National Wildlife Refuges.
Q: How do I comment on the proposal?
A: The Service will accept comments received or postmarked on or before Dec. 13, 2022. Using the Federal eRulemaking Portal, enter FWS-R4-ES-2022-0022 into the search box, which is the docket number for this rulemaking. Comments submitted electronically must be received by 11:59 p.m. Eastern Time. The agency must receive requests for public hearings in writing, at the address shown below by Nov. 28, 2022.
For more information contact Lourdes Mena, Classification and Recovery Division Manager, 904-731-3134, Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339.
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