Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle (Cicindelidia Floridana)
Published date | 07 September 2021 |
Citation | 86 FR 49945 |
Record Number | 2021-19088 |
Section | Proposed rules |
Court | Fish And Wildlife Service |
Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)] [Proposed Rules] [Pages 49945-49985] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2021-19088] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R4-ES-2021-0053; FF09E21000 FXES11110900000 212] RIN 1018-BF38 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle (Cicindelidia Floridana) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the Endangered Species Act (Act). In total, approximately 1,977 acres (ac) (800 hectares (ha)) in Miami-Dade County, Florida, fall within the boundaries of the proposed critical habitat designation. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Miami tiger beetle. DATES: We will accept comments received or postmarked on or before November 8, 2021. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for a public hearing, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by October 22, 2021. ADDRESSES: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R4-ES-2021-0053, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the Search 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-2021-0053, 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 http://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: For the critical habitat designation, the coordinates or plot points or both from which the maps are generated are included in the decision file for this rulemaking and are available at http://www.regulations.gov under Docket No. FWS-R4-ES- 2021-0053 and at www.fws.gov/verobeach/. Any supporting information that we developed for this critical habitat designation will be available on the Service's website or at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Roxanna Hinzman, Field Supervisor, U.S. Fish and Wildlife Service, Florida Ecological Services Field Office, 1339 20th Street, Vero Beach, FL 32960; telephone 772-562-3909. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. Under the Endangered Species Act, any species that is determined to be a threatened or endangered species requires critical habitat to be designated, to the maximum extent prudent and determinable. Designations and revisions of critical habitat can only be completed by issuing a rule. What this document does. We propose the designation of critical habitat for the Miami tiger beetle, which is listed as endangered. The basis for our action. 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. [[Page 49946]] 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. Draft economic analysis of the proposed designation of critical habitat. In order to consider the economic impacts of critical habitat for the Miami tiger beetle, we compiled information pertaining to the potential incremental economic impacts for this proposed critical habitat designation. The information we used in determining the economic impacts of the proposed critical habitat is summarized in this proposed rule (see Consideration of Economic Impacts) and is available at http://www.regulations.gov at Docket No. FWS-R4-ES-2021-0053 and at the Florida Ecological Services Field Office at http://ww.fws.gov/verobeach/ (see FOR FURTHER INFORMATION CONTACT). We are soliciting public comments on the economic information provided and any other potential economic impact of the proposed designation. We will continue to reevaluate the potential economic impacts between this proposal and our final designation. Public comment. We are seeking comments and soliciting information from the public on our proposed designation to make sure we consider the best scientific and commercial information available in developing our final designation. Because we will consider all comments and information we receive during the comment period, our final determination may differ from this proposal. We will respond to and address comments received in our final rule. We will seek peer review. We are seeking comments from independent specialists to ensure that our proposal is based on scientifically sound data and analyses. We have invited these peer reviewers to comment on our specific assumptions and conclusions in this critical habitat proposal. 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 reasons why we should or should not designate habitat as ``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et seq.), including information to inform the following factors that the regulations identify as reasons why designation of critical habitat may be not prudent: (a) The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species; (b) The present or threatened destruction, modification, or curtailment of a species' habitat or range is not a threat to the species, or threats to the species' habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7(a)(2) of the Act; (c) Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States; or (d) No areas meet the definition of critical habitat. (2) Specific information on: (a) The amount and distribution of Miami tiger beetle habitat; (b) What areas, that were occupied at the time of listing and that contain the physical or biological features essential to the conservation of the species, should be included in the designation and why; (c) Any additional areas occurring within the range of the species, in Miami-Dade County, that should be included in the designation because they (i) are occupied at the time of listing and contain the physical or biological features that are essential to the conservation of the species and that may require special management considerations, or (ii) are unoccupied at the time of listing and are essential for the conservation of the species; (d) Special management considerations or protection that may be needed in critical habitat areas we are proposing, including managing for the potential effects of climate change; and (e) What areas not occupied at the time of listing are essential for the conservation of the species. We particularly seek comments: (i) Regarding whether occupied areas are adequate for the conservation of the species; (ii) Providing specific information regarding whether or not unoccupied areas would, with reasonable certainty, contribute to the conservation of the species and contain at least one physical or biological feature essential to the conservation of the species; and (iii) Explaining whether or not unoccupied areas fall within the definition of ``habitat'' at 50 CFR 424.02 and why. (iv) We have identified 14 units in this proposal that were unoccupied at the time of listing that we find are essential to the conservation of the Miami tiger beetle. Please provide specific comments and information on: Whether each of these units are essential to the conservation of the Miami tiger beetle and should be included in critical habitat, whether there are specific units that are not essential and should not be included in critical habitat and why, and whether there are any other specific areas not currently proposed that are essential to the conservation of the Miami tiger beetle that should be included in critical habitat. (3) Any additional areas occurring within the range of the species, i.e., South Florida, that should be included in the designation because they (a) are occupied at the time of listing and contain the physical and biological features that are essential to the conservation of the species and that may require special management considerations, or (b) are unoccupied at the time of listing and are essential for the conservation of the species. (4) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat. (5) Information on the projected and reasonably likely impacts of climate change on Miami tiger beetle and proposed critical habitat. (6) Information on the extent to which the description of probable economic impacts in the draft economic analysis is a reasonable estimate of the likely economic impacts; any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, in particular, any impacts on small entities or families; and the benefits of including or excluding areas that exhibit these impacts. (7) Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4(b)(2) of the Act, and whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under section 4(b)(2) of the Act. In particular for those for which you think we should exclude any additional areas, please provide credible information regarding the existence of a meaningful economic or other relevant impact supporting a benefit of exclusion. [[Page 49947]] (8) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments. Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. Please note that submissions merely stating support for, or opposition to, the action under consideration without providing supporting information, although noted, will not be considered in making a final critical habitat determination You may submit your comments and materials concerning this proposed rule by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. If you submit information via http://www.regulations.gov, your entire submission--including any personal identifying information--will be posted on the 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 http://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov. Because we will consider all comments and information we receive during the comment period, our final designation may differ from this proposal. Based on the new information we receive (and any comments on that new information), our final designation may not include all areas proposed, may include some additional areas that meet the definition of critical habitat, and may exclude some areas if we find the benefits of exclusion outweigh the benefits of inclusion. 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. For the immediate future, we will provide these public hearings virtually using webinars that will be announced on the Service's website, in addition to the Federal Register. The use of these virtual public hearings is consistent with our regulation at 50 CFR 424.16(c)(3). Previous Federal Actions On December 22, 2015, we proposed to list the Miami tiger beetle as an endangered species under the Act (80 FR 79533) in the Federal Register. On October 5, 2016, we published our final determination in the Federal Register (81 FR 68985) and added the Miami tiger beetle as an endangered species to the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h). At the time of our proposal we determined that critical habitat was prudent, but not determinable because we lacked specific information on the impacts of our designation. In our final listing rule, we stated we were in the process of obtaining information on the impacts of the designation. All previous Federal actions are described in detail in the proposal to list the Miami tiger beetle as an endangered species under the Act (80 FR 79533, December 22, 2015). Additional information may be found in the final rule to list the Miami tiger beetle as an endangered species (81 FR 68985, October 5, 2016). 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). Additionally, our regulations at 50 CFR 424.02 define the word ``habitat'' as follows: ``for the purposes of designating critical habitat only, habitat is the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support one or more life processes of a species.'' 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 Federal agencies 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 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. Where a landowner requests Federal agency funding or authorization for an action that may affect a listed species or critical habitat, the Federal agency would be required to consult with the Service under section 7(a)(2) of the Act. However, even if the Service were to conclude that the proposed activity would result in destruction or adverse modification of the critical habitat, the Federal action agency and 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 [[Page 49948]] 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 and commercial data available, those physical or biological features that are essential to the conservation of the species (such as space, food, cover, and protected habitat). In identifying those physical or biological features that occur in specific occupied areas, we focus on the specific features that are essential to support the life-history needs of the species, including, but not limited to, water characteristics, soil type, geological features, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic or a more complex combination of habitat characteristics. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity. 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. The implementing regulations at 50 CFR 424.12(b)(2) further delineate unoccupied critical habitat by setting out three specific parameters: (1) When designating critical habitat, the Secretary will first evaluate areas occupied by the species; (2) the Secretary will consider unoccupied areas to be essential only where a critical habitat designation limited to geographical areas occupied by the species would be inadequate to ensure the conservation of the species; and (3) for an unoccupied area to be considered essential, the Secretary must determine that there is a reasonable certainty both that the area will contribute to the conservation of the species and that the area contains one or more of those physical or biological features essential to the conservation of the species. Section 4 of the Act requires that we designate critical habitat based on 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 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. As the regulatory definition of ``habitat'' reflects (50 CFR 424.02), 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) section 9 of the Act's prohibitions on taking any individual of the species, including taking caused by actions that affect habitat. 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 (HCPs), or other species conservation planning efforts if new information available at the time of those planning efforts calls for a different outcome. Prudency Determination Section 4(a)(3) of the Act, as amended, and implementing regulations (50 CFR 424.12) require that, to the maximum extent prudent and determinable, the Secretary shall designate critical habitat at the time the species is determined to be an endangered or threatened species. Our regulations (50 CFR 424.12(a)(1)) state that the Secretary may, but is not required to, determine that a designation would not be prudent in the following circumstances: (i) The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species; (ii) The present or threatened destruction, modification, or curtailment of a species' habitat or range is not a threat to the species, or threats to the species' habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7(a)(2) of the Act; (iii) Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States; (iv) No areas meet the definition of critical habitat; or (v) The Secretary otherwise determines that designation of critical habitat would not be prudent based on the best scientific data available. As discussed in the final listing rule published on October 5, 2016 (81 FR 68985), there is currently imminent threat of take attributed to collection or vandalism identified under Factor B for this species. However, we have determined that the identification and mapping of critical habitat is not expected to increase any such threat because the location of the two extant populations of the Miami tiger beetle are currently known to the scientific community and public. Further, in our proposed listing determination for this species, we determined that the present or threatened destruction, modification, or curtailment of habitat or range is a threat, and that those threats in some way can be addressed by section 7(a)(2) consultation measures. Also, the species occurs wholly in the jurisdiction of the [[Page 49949]] United States, and we are able to identify areas that meet the definition of critical habitat. Therefore, because none of the circumstances enumerated in our regulations at 50 CFR 424.12(a)(1) have been met and because the Secretary has not identified other circumstances for which this designation of critical habitat would be not prudent, we have determined that the designation of critical habitat is prudent for the Miami tiger beetle. Physical or Biological Features Essential to the Conservation of the Species In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12(b), in determining which areas we will designate as critical habitat from within the geographical area occupied by the species at the time of listing, we consider the physical or biological features that are essential to the conservation of the species and that may require special management considerations or protection. The regulations at 50 CFR 424.02 define ``physical or biological features essential to the conservation of the species'' as the features that occur in specific areas and that are essential to support the life- history needs of the species, including, but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic or a more complex combination of habitat characteristics. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity. For example, physical features essential to the conservation of the species might include gravel of a particular size required for spawning, alkaline soil for seed germination, protective cover for migration, or susceptibility to flooding or fire that maintains necessary early- successional habitat characteristics. Biological features might include prey species, forage grasses, specific kinds or ages of trees for roosting or nesting, symbiotic fungi, or a particular level of nonnative species consistent with conservation needs of the listed species. The features may also be combinations of habitat characteristics and may encompass the relationship between characteristics or the necessary amount of a characteristic essential to support the life history of the species. In considering whether features are essential to the conservation of the species, we may consider an appropriate quality, quantity, and spatial and temporal arrangement of habitat characteristics in the context of the life-history needs, condition, and status of the species. These characteristics include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, or rearing (or development) of offspring; and habitats that are protected from disturbance. We derive the specific physical or biological features essential for the Miami tiger beetle from studies of this species' habitat, ecology, and life history as described below. Additional information can be found in the final listing rule published in the Federal Register on October 5, 2016 (81 FR 68985). Space for Individual and Population Growth and for Normal Behavior The Miami tiger beetle is endemic to pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge in Miami-Dade County in South Florida. Descriptions of this habitat and its associated native plant species are provided in the proposed listing rule published on December 22, 2015 (80 FR 79533) (see Habitat section). Additional discussion may be found in the final listing rule published on October 5, 2016 (81 FR 68985). The Miami tiger beetle requires open or sparsely vegetated sandy areas within pine rockland habitat for thermoregulation (regulation of body temperature), foraging, reproduction, and larval development. As a group, tiger beetles (Coleoptera: Cicindelidae) occupy ephemeral habitats where local extinction from habitat loss or degradation is common, so dispersal to establish new populations in distant habitat patches is a likely life history strategy for most species (Knisley 2015a, p. 10). Therefore, individuals of the species must be sufficiently abundant and occur within an appropriate dispersal distance to adjacent suitable habitat so they can repopulate areas following local extirpations. Barriers to dispersal can disrupt otherwise normal metapopulation dynamics and contribute to imperilment. Development and agriculture have reduced pine rockland habitat by 90 percent in mainland south Florida. Pine rockland habitat decreased from approximately 183,000 ac (74,000 ha) in the early 1900s to only 3,707 ac (1,500 ha) in 2014 (Possley et al. 2014, p. 154). The largest remaining intact pine rockland (approximately 5,716 ac (2,313 ha)) is Long Pine Key in Everglades National Park (Everglades). Outside of the Everglades, less than 2 percent of pine rocklands on the Miami Rock Ridge remain, and much of what is left are small remnants scattered throughout the Miami metropolitan area, isolated from other natural areas (Herndon 1998, p. 1; URS Corporation Southern 2007, p. 1). The extreme rarity of high-quality pine rockland habitats supporting the Miami tiger beetle elevates the importance of remnant sites that still retain some pine rockland species. We consider pine rockland habitat to be the primary habitat for the Miami tiger beetle. We do not have specific information regarding a minimum viable population size for the Miami tiger beetle or the amount of habitat needed to sustain a viable population. Recovery plans for Cicindela puritana (Puritan tiger beetle) and C. dorsalis dorsalis (Northeastern beach tiger beetle) consider a minimum viable population size to be at least 500-1,000 adults (Hill and Knisley 1993, p. 23; Hill and Knisley 1994, p. 31). A minimum viable population size of 500 adults was estimated for the Salt Creek tiger beetle (Cicindela nevadica lincolniana) (79 FR 26014, May 6, 2014). The best available data regarding the minimum area and number of individuals necessary for a viable population for the Miami tiger beetle come from information regarding the closely related Highlands tiger beetle (Cicindelidia highlandensis); the information describes estimates of a minimum of 100 adult Highlands tiger beetles in an area of at least 2.5-5.0 ac (1.0- 2.0 ha) (Knisley and Hill 2013, p. 42). This estimate is based on observations of population stability for the Highlands tiger beetle, as well as survey data and literature from other tiger beetle species (Knisley and Hill 2013, p. 42). The Miami tiger beetle requires open or sparsely vegetated sandy areas within pine rockland habitat to meet their life-history requirements, as well as adjacent undeveloped habitat to facilitate dispersal and protect core habitat. Therefore, based on the information in the previous paragraph, we identify pine rockland habitats of at least 2.5-5.0 ac (1.0-2.0 ha) in size as a necessary physical feature for this species. Food, Water, Air, Light, Minerals, or Other Nutritional or Physiological Requirements Food--Miami tiger beetles are active diurnal predators that use their keen vision to detect movement of small [[Page 49950]] arthropods and run quickly to capture prey with their well-developed jaws (mandibles). Although we do not have specific information on Miami tiger beetle diets, observations by various entomologists indicate small arthropods, especially ants, are the most common prey for tiger beetles. Over 30 kinds of insects from many families have been identified as prey for tiger beetles, and scavenging is also common in some species (Knisley and Schultz 1997, pp. 39, 103; Willis 1967, pp. 196-197). Ants were the most common prey of tiger beetles in Florida (Choate 1996, p. 2). Miami tiger beetle larvae are sedentary sit-and- wait predators that capture small prey passing over or near (within a few inches (in) (centimeters (cm)) their burrows on the soil surface. Larvae prey on small arthropods, similar to adults. Alterations or reductions in the prey base through pesticide exposure could affect foraging in of Miami tiger beetles. Water--The Miami tiger beetle requires inland sandy pine rockland habitat that has moderately drained to well-drained terrain. Rainfall varies from an annual average over 64 in (163 cm) in the northwest portion of Miami-Dade County to between 48 and 56 in (122 and 143 cm), respectively, in the rest of the county (Service 1999, p. 3-167). The water table in the Miami Rock Ridge outside of the Everglades seldom reaches the surface (Service 1999, p. 3-167). The existence of larvae in shallow permanent burrows throughout their development makes them susceptible to changes in groundwater levels. The effects of climate change and sea level rise, which predict higher intensity storms, more erratic rainfall (i.e., alterations to the amount and seasonality and rainfall) and especially changes in water levels due to storm surge and salinization of the water table, could result in vegetation shifts that may impact the species. Based on this, we identify water (particularly appropriate hydrological regimes) as a necessary feature for the Miami tiger beetle to carry out its life processes. Light--The Miami tiger beetle requires open areas of pine rockland habitat with ample sunlight for behavioral thermoregulation, so they can successfully perform their normal activities, such as foraging, mating, and oviposition. Vegetation encroachment and lack of adequate pine rockland management threatens the amount of light necessary for the Miami tiger beetle. We identify light as a necessary feature for the Miami tiger beetle to carry out its life processes. Soil--The Miami tiger beetle is endemic to pine rockland habitat within the Miami Rock Ridge. The Miami Rock Ridge has oolitic limestone (composed of spherical grains packed tightly) at or very near the surface and solution holes occasionally from where the surface limestone is dissolved by organic acids. There is typically very little soil development, consisting primarily of accumulations of low-nutrient sand, marl, clayey loam, and organic debris found in solution holes, depressions, and crevices on the limestone surface (Florida Natural Areas Inventory (FNAI) 2010, p. 62). However, sandy pockets can be found at the northern end of the Miami Rock Ridge (Northern Biscayne Pinelands), beginning from approximately North Miami Beach and extending south to approximately SW 216th Street (Service 1999, p. 3- 162). These sandy substrates provide the appropriate nutrients, moisture regime, and soil chemistry necessary for Miami tiger beetle reproduction. Burrows in the sand are used for eggs and developing larvae. In addition these sandy areas support a community of insect prey that allows the species to persist. Soil compaction could impact the species and its habitat. Therefore, we identify substrates derived from calcareous limestone that provide habitat for the Miami tiger beetle to carry out its life processes to be a necessary feature for the Miami tiger beetle. Summary--Based on the best available information, we conclude that the Miami tiger beetle requires open sandy areas in pine rockland habitat with little to no vegetation for thermoregulation, foraging, egg-laying, and larval development. We identify these characteristics as necessary physical and biological features for the species. Cover or Shelter The life cycle of the Miami tiger beetle occurs entirely within pine rocklands. Females place a single egg into a shallow burrow dug into the soil. The egg hatches, apparently after sufficient soil moisture, and the first instar larva digs a burrow at the site of oviposition (egg-laying). Larvae are closely associated with their burrows, which provide cover and shelter for anywhere from 2 months to 1 year or more, depending on climate, food availability, and the number of cohorts per year (Knisley 2015b, p. 28). Larvae remain in their burrows until they are adults, only extending beyond the burrow entrance to subdue arthropod prey. The adult flight period for the Miami tiger beetle lasts approximately 5 months (mid-May to mid- October) (Knisley 2015b, p. 27). Both larvae and adults are visual predators and require open habitat to locate prey. Open areas with dense vegetation no longer provide suitable habitat. However, vegetation adjacent to open sandy areas may also be important, as it may provide thermal refugia for the beetles to escape from high ground temperatures (Knisley 2014, p. 1). Miami tiger beetle habitat can also be impacted from trampling, which causes soil compaction and can lead to lethal impacts to adults or larvae or impacts to their habitat. Based on the best available information, we conclude that the Miami tiger beetle requires pine rocklands, specifically those containing open or sparsely vegetated sandy patches. Sites for Breeding, Reproduction, or Rearing (or Development) of Offspring Miami tiger beetle reproduction and larval development occurs entirely within pine rocklands. Both larvae and adults occupy the same habitats--open sandy patches interspersed with vegetation. Vegetation encroachment into the open sandy habitat patches, barriers to dispersal, trampling of the surface soil, reductions in prey base, and collection of beetles are factors that may reduce the reproductive potential of the species. Therefore, based on the information above, we identify pine rockland habitats that can support the species growth, distribution, and population expansion as required for this species. Habitats Representative of the Historical, Geographical, and Ecological Distributions of the Species The Miami tiger beetle continues to occur in pine rockland habitats that are protected from incompatible human-use, but these areas are only partially representative of the species' historical, geographical, and ecological distribution because its range within these habitats has been reduced. The species is still found in pine rockland habitats, with open sandy areas of at least 2.5-5.0 ac (1.0-2.0 ha) in size. Representative pine rocklands are located on Federal, local, and private conservation lands that implement conservation measures benefitting the beetle. Pine rockland is dependent on some degree of disturbance, most importantly from natural or prescribed fires (Loope and Dunevitz 1981, p. 5; Snyder et al. 2005, p. 1; Bradley and Saha 2009, p. 4; Saha et al. 2011, pp. 169-184; FNAI 2010, p. 62). These fires are a vital component in maintaining native vegetation and creating or maintaining open or sparsely vegetated sandy areas, [[Page 49951]] within this ecosystem. Fires have historically burned in intervals of approximately 3 to 7 years (FNAI 2010, p. 3) typically started by lightning strikes during the frequent summer thunderstorms (FNAI 2010, p. 3). Without fire, successional climax from tropical pineland to rockland hammock is rapid, and the open areas required by the species are encroached with vegetation and leaf litter. In addition, displacement of native species by invasive, nonnative plants often occurs. Mechanical control or thinning of pine rockland vegetation may be another means of maintaining pine rockland habitat, but it cannot entirely replace fire because it does not have the same benefits related to removal of leaf litter and nutrient cycling. In addition, it may lead to trampling of adult or larval tiger beetles. Natural and prescribed fire remains the primary and ecologically preferred method for maintaining pine rockland habitat. Hurricanes and other significant weather events can contribute to openings in the pine rockland habitat (FNAI 2010, p. 62) needed by the Miami tiger beetle; however, they can also be a source of significant and direct risk to the species. Given the few, isolated populations of the Miami tiger beetle within a location prone to storm influences (located approximately 5 miles (8 kilometers) from the coast), the species is at substantial risk from stochastic environmental events such as hurricanes, storm surges, and other extreme weather that can affect recruitment, population growth, and other population parameters. The substantial reduction in the historical range of the beetle in the past 80 years, and the few remaining populations, make the species less resilient to impacts than when its distribution was more widespread. Therefore, based on the information above, we identify pine rockland management through natural or prescribed fire, or other disturbance regimes that maintain pine rockland habitat, such as weather events, to be necessary for this species. Summary of Essential Physical or Biological Features We derive the specific physical or biological features essential to the conservation of Miami tiger beetle from studies of the species' habitat, ecology, and life history. We have determined that the following physical or biological features are essential to the conservation of Miami tiger beetle: 1. South Florida pine rockland habitat of at least 2.5 ac (1 ha) in size that is maintained by natural or prescribed fire or other disturbance regimes; and 2. Open sandy areas within or directly adjacent to the south Florida pine rockland habitat with little to no vegetation that allows for or facilitates normal behavior and growth such as thermoregulation, foraging, egg-laying, larval development, and habitat connectivity, which promotes the overall distribution and expansion of the species. Special Management Considerations or Protection When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species at the time of listing contain features which are essential to the conservation of the species and which may require special management considerations or protection. The features essential to the conservation of this species may require special management considerations or protection to reduce the following threats: Vegetation encroachment of pine rockland habitat; loss of pine rockland habitat due to development that further fragments or degrades the few remaining pine rockland parcels in Miami- Dade County; collection of the species; climate change and sea level rise; pesticide exposure; and demographic and environmental stochasticity. These threats are exacerbated by having only two small populations in a restricted geographic range, making this species particularly susceptible to extinction in the foreseeable future. For a detailed discussion of threats, see Summary of Factors Affecting the Species in our proposed listing rule published in the Federal Register on December 22, 2015 (80 FR 79533). Additional information may be found in the final listing rule published on October 5, 2016 (81 FR 68985). Some of these threats can be addressed by special management considerations or protection while others (e.g., sea level rise, hurricanes, storm surge) are beyond the control of landowners and managers. However, even when landowners or land managers may not be able to control all the threats directly, they may be able to address the impacts of those threats. Destruction of rock pinelands for economic development has reduced pine rockland habitat on the Miami Rock Ridge outside of the Everglades by over 98 percent, and remaining habitat in this area is highly fragmented. The Miami tiger beetle occurs on a mix of privately and publicly owned lands, only some of which are managed for conservation. Any occurrences of the beetle on private land or non-conservation public land are vulnerable to the effects of habitat degradation if natural disturbance regimes are disrupted, because the species requires active management to keep the habitat functional in the absence of such disturbances. Prolonged lack of fire in pine rockland habitat leads to vegetation encroachment into the open or sparsely vegetated sandy areas that are required by the beetle. Further development and degradation of pine rocklands increases fragmentation and decreases the conservation value of the remaining functioning pine rockland habitat. In addition, pine rocklands are expected to be further degraded and fragmented due to anticipated sea level rise, which would fully or partially inundate some pine rocklands within the Miami Rock Ridge and cause increases in the salinity of the water table and soils resulting in vegetation shifts. Also, portions of the Richmond Pine Rocklands are proposed for commercial development and some existing pine rockland areas are projected to be developed for housing as the human population grows and adjusts to changing sea levels. Pesticides used in and around pine rockland habitat are a potential threat to the Miami tiger beetle through direct exposure to adults and larvae, secondary exposure from insect prey, overall reduction in availability of adult and larval prey, thus limiting foraging opportunities, or any combination of these factors. Based on Miami-Dade Mosquito Control's implementation of spray buffers around pine rocklands occupied by the Miami tiger beetle, mosquito control pesticides are not considered a current threat for the species. However, if these buffers were to change or Miami tiger beetles were found in habitat without restrictions of pesticide applications, then the threat of exposure would need to be reevaluated. The features essential to the conservation of the Miami tiger beetle (i.e., open or sparsely vegetated areas of pine rockland habitat that are at least 2.5-5.0 ac (1.0-2.0 ha) in size) may require special management considerations or protection to reduce threats. Actions that could ameliorate threats include, but are not limited to: (1) Restoration and management of existing and potential Miami tiger beetle habitats throughout the Miami Rock Ridge using prescribed fire and control of invasive, nonnative plants; (2) Protection of habitat adjacent to existing and new occurrences of the species to provide dispersal corridors, support the prey base, protect core [[Page 49952]] habitat, and allow for appropriate habitat management; (3) Use of pesticide spray buffers to prevent potential exposure to the species and probable limitation of foraging opportunities; and (4) Establishment of additional populations within the Miami Rock Ridge through captive rearing and translocation of laboratory-reared individuals from wild populations. Criteria Used To Identify Critical Habitat As required by section 4(b)(2) of the Act, we use the best scientific data available to designate critical habitat. In accordance with the Act and our implementing regulations at 50 CFR 424.12(b), we review available information pertaining to the habitat requirements of the species and identify specific areas within the geographical area occupied by the species at the time of listing and any specific areas outside the geographical area occupied by the species to be considered for designation as critical habitat. We are proposing to designate critical habitat in areas within the geographical area occupied by the species at the time of listing in 2016. We also are proposing to designate specific areas outside the geographical area occupied by the species at the time of listing because we have determined that a designation limited to occupied areas would be inadequate to ensure the conservation of the species. Although we do not have definitive information that these areas were historically or are currently occupied by the Miami tiger beetle, they are within the historical range of the species, contain remnant south Florida pine rockland habitat and the essential physical or biological features, and have been determined to be essential for the conservation of the species, as further discussed below. We have determined that it is reasonably certain that the unoccupied areas will contribute to the conservation of the species and contain one or more of the physical or biological features that are essential to the conservation of the species. We have also determined that the unoccupied areas fall within the regulatory definition of ``habitat'' at 50 CFR 424.02 since they have the abiotic and biotic features that currently or periodically contain the resources and conditions necessary to support one or more life processes of the Miami tiger beetle. The historical range of the Miami tiger beetle is limited to Miami- Dade County, Florida, specifically within the Northern Biscayne Pinelands of the Miami Rock Ridge. Over 98 percent of the Miami Rock Ridge pine rocklands outside of the Everglades has been lost to development, reducing the current range of the Miami tiger beetle to the southern portion of the Northern Biscayne Pinelands, in the Richmond Pine Rocklands and Nixon Smiley Pineland Preserve. We anticipate that recovery will require not only continued protection of the remaining extant populations and remnant pine rockland habitat but also establishment of populations in additional areas of Miami-Dade County to ensure there are adequate numbers of beetles and stable populations occurring over the entire geographic range of the Miami tiger beetle. This will help to reduce the chance that catastrophic events, such as storms, will simultaneously affect all known populations. The two extant Miami tiger beetle populations are small and at risk of adverse effects from reduced genetic variation, an increased risk of inbreeding depression, and reduced reproductive output. In addition, the two populations are isolated from each other, decreasing the likelihood that they could be naturally reestablished if extirpation from one location would occur. In selecting areas to propose for critical habitat designation, we used the conservation principles of the ``three R's'': Resiliency, redundancy, and representation (Shaffer and Stein 2000, entire) for conserving imperiled species. Resiliency is the ability to sustain populations through the natural range of favorable and unfavorable conditions. Redundancy ensures an adequate number of sites with resilient populations such that the species has the ability to withstand catastrophic events. Representation ensures adaptive capacity within a species and allows it to respond to environmental changes. This can be facilitated by conserving not just genetic diversity, but also the species' associated habitat type variation. Implementation of this methodology has been widely accepted as a reasonable conservation strategy (Tear et al. 2005, p. 841). In order to ensure sufficient representation for the Miami tiger beetle, we described the physical and biological features (as discussed above) and identified areas of habitat that contain at least one or more of the features to provide for reintroduction and expansion of the Miami tiger beetle. Redundancy is currently low as only two populations remain, both on remnant pine rockland sites. Redundancy can be improved through the introduction of additional populations of the Miami tiger beetle at other pine rockland sites. However, throughout the species' range, the amount of suitable remaining pine rockland is limited (low resiliency), and much of the remaining habitat may be significantly altered due to the effects of climate change over the next century. Therefore, we reviewed available sites containing pine rockland habitat within the historical range of the species and evaluated each site for its potential conservation contribution based on quality of habitat, spatial arrangement relative to the two extant populations and each other, and existing protections and management of the habitat and sites to determine additional areas that are essential for the Miami tiger beetle's conservation. Sources of Data To Identify Critical Habitat Boundaries We have determined that the areas known to be occupied at the time of listing should be proposed for critical habitat designation. However, recognizing that occupied habitat alone is not adequate for the conservation of the Miami tiger beetle, we also used habitat and historical occurrence data to identify the historical range of the species and necessary habitat features to help us determine which unoccupied habitat areas are essential for the conservation of the species. To determine the general extent, location, and boundaries of critical habitat, the Service used Esri ArcGIS mapping software for mapping and calculating areas (Albers Conical Equal Area (Florida Geographic Data Library), North American Datum of 1983 (NAD 83) High Accuracy Reference Network (HARN)) along with the following spatial data layers: (1) Historical and current records of Miami tiger beetle occurrences and distributions found in publications, reports, personal communications, and associated voucher specimens housed at museums and private collections (Knisley 2015b, entire); (2) Geographic information system (GIS) data showing the location and extent of documented occurrences of pine rockland habitat (Cooperative Land Cover Version 3.3. FWC and FNAI, 2018); (3) Aerial imagery (Esri ArcGIS online basemap World Imagery. South Florida Water Management District GIS Services, Earthstar Geographics, Miami-Dade County, Florida Department of Environmental Protection, Esri, HERE, Garmin, SafeGraph, Ministry of Economy, Trade, and Industry of Japan and the U.S. National Aeronautics and Space Administration, U.S. Geological Survey, Environmental Protection [[Page 49953]] Agency, National Park Service, U.S. Department of Agriculture (USDA). 2019.; and (4) GIS data depicting soils and to determine the presence of physical or biological features (U.S. Department of Agriculture 2020). When designating critical habitat, we consider future recovery efforts and conservation of the species. We have determined that all currently known occupied habitat should be proposed for critical habitat designation because any further degradation or loss of the extant populations or occupied habitat would increase the Miami tiger beetle's susceptibility to local extirpation and ultimately extinction. The species occurs in two populations, Richmond and Nixon Smiley, separated from each other by approximately 3.1 mi (5 km) of urban development. We are also including pine rockland habitat within the Richmond Pine Rocklands directly adjacent to sites with documented occurrences in the Richmond population. Due to their proximity to documented occurrences, the continuity of habitat, and presence of all of the physical or biological features, we have included these acres as part of the occupied habitat complex for this unit in accordance with 50 CFR 424.12(d). Additionally, we have determined these areas are essential for the conservation of the species because they protect the occupied sites within the Richmond population, provide dispersal corridors for the Richmond population, provide potential habitat for population expansion, and support prey-base populations. These areas are important to ensure redundancy for the species, and they improve the species' viability. Lastly, we are including other suitable or potentially suitable pine rockland fragments outside of the Richmond Pine Rocklands and Nixon Smiley Pineland Preserve that are located within the beetle's historical range along the Northern Biscayne Pinelands of the Miami Rock Ridge but are not known to be currently occupied by the species. With only two known occupied areas, we have determined that these areas are essential for the conservation of the species because they will enable the establishment of new populations in additional areas that more closely approximate its historical distribution. Establishment of new populations will help ensure that there are adequate numbers of beetles in multiple populations over a wide geographic area, so that catastrophic events, such as storms, would be less likely to simultaneously affect all known populations. The best available data regarding the minimum area and number of individuals necessary for a viable population come from information regarding the Highlands tiger beetle; the information describes estimates of a minimum of 100 adult Highlands tiger beetles in an area of at least 2.5-5.0 ac (1.0-2.0 ha) (Knisley and Hill 2013, p. 42). This estimate is based on observations of population stability for the Highlands tiger beetle, as well as survey data and literature from other tiger beetle species. From the remaining suitable or potentially suitable pine rockland fragments that were delineated for the Miami Rock Ridge, we excluded fragments below the 2.5-ac (1.0-ha) minimum area for a viable population. As such we evaluated the remaining unoccupied pine rockland habitat within and directly adjacent to the Northern Biscayne Pinelands of the Miami Rock Ridge to identify remnant pine rocklands with the highest quality habitat potential (i.e., actively managed to support pine rocklands) and of sufficient size (patches at least 2.5 ac (1.0 ha)) to provide for the conservation of the Miami tiger beetle. Areas Occupied at the Time of Listing The two occupied critical habitat units were delineated around the only remaining extant Miami tiger beetle populations. They include the mapped extent of the populations that contain the physical or biological features essential to the conservation of the Miami tiger beetle. The two occupied units account for approximately 1,572 ac (636 ha) or 80 percent of the proposed designation of critical habitat for the Miami tiger beetle. The delineation of proposed critical habitat included the area containing the extant populations based on occurrence records as well as all suitable habitat directly adjacent to those areas to allow for the continued protection and management of pine rockland habitat and to meet the needs of the species. Given the Miami tiger beetle's dependence on disturbance (i.e., fires, storms, or mechanical treatments) to maintain optimal habitat, the amount and location of optimal habitat is temporally and spatially dynamic. Areas Outside of the Geographical Range at the Time of Listing The Miami tiger beetle has been extirpated from its type-locality (the place where the species was first discovered) in North Miami and is historically unknown from any other locations. In addition to including areas of the two extant populations (Richmond Pine Rocklands and Nixon Smiley Pineland Preserve) in proposed critical habitat, we are proposing 14 unoccupied critical habitat units that we have determined are essential to the conservation of the Miami tiger beetle. These areas contain pine rockland habitat within the historical range in the Northern Biscayne Pinelands on the Miami Rock Ridge and encompass approximately 405 ac (164 ha) or 20 percent of proposed critical habitat. As discussed above, we have determined that recovery requires additional populations be established in high quality pine rockland habitat that is protected and actively managed. Following a review of available sites containing pine rockland habitat within the historical range of the species, we evaluated each site for its potential conservation contribution based on quality of habitat, spatial arrangement relative to the two extant populations and each other, and existing protections and management. This review led to our determination that the most viable sites for introduction and conservation of the Miami tiger beetle are the 14 unoccupied sites identified in this proposal. As a result, we concluded that these 14 sites, which each contain all of the physical or biological features, have the highest probability for the conservation of the species and are essential to the conservation of the species. Thus, we are proposing them as critical habitat for the Miami tiger beetle. We used the best available data to delineate existing pine rockland habitat units that are of sufficient size to support introduced populations of Miami tiger beetles and that are spatially configured to support metapopulation dynamics and to minimize adverse impacts from stochastic events. In identifying these areas, we considered the following refining criteria: (1) Areas of sufficient size to support ecosystem processes for populations of the Miami tiger beetle. The best available information indicates that appropriately sized units should be at a minimum 2.5-5.0 ac (1.0-2.0 ha). Large contiguous parcels of habitat are more likely to be resilient to ecological processes of disturbance and are more likely to support a viable population of the Miami tiger beetle. The unoccupied areas selected ranged from 7 ac (3 ha) in size to 89 ac (36 ha). (2) Areas to maintain connectivity of habitat to allow for population expansion. Isolation of habitat can prevent recolonization of the Miami tiger beetle and result in local extirpation and ultimately extinction. To ameliorate the dangers associated [[Page 49954]] with small populations or limited distributions, we have identified areas of critical habitat that will allow for the natural expansion of populations or support reintroductions. (3) Restored pine rockland habitats may allow the Miami tiger beetle to disperse, recolonize, or expand from areas already occupied by the beetle. These restored areas generally are habitats within or adjacent to pine rocklands that have been affected by natural or anthropogenic factors but retain the essential physical or biological features that make them suitable for the beetle. These areas would help offset the anticipated loss and degradation of habitat occurring or expected from natural succession in the absence of disturbance, effects of climate change (such as sea level rise), or development. Summary In summary, for areas within the geographical area occupied by the species at the time of listing, we delineated critical habitat unit boundaries using the following criteria: (1) Evaluated habitat suitability of pine rockland habitat within the geographical area occupied at the time of listing (current), and selected those areas that contain all of the physical or biological features to support life-history functions essential for conservation of the species; (2) Identified open sandy areas directly adjacent to occupied areas and with little to no vegetation that allow for or facilitate normal behavior and growth of the Miami tiger beetle, such as thermoregulation, foraging, egg-laying, larval development, and habitat connectivity, and which promote the overall distribution and expansion of the species. The result was the inclusion of two units of critical habitat occupied by the Miami tiger beetle. Approximately 1,052 ac (426 ha) or 73 percent of the occupied units are existing critical habitat for other species. For areas outside the geographical area occupied by the species at the time of listing, we delineated critical habitat unit boundaries using the following criteria: (1) Areas with pine rockland habitat that contained the essential physical or biological features and were of sufficient size to support introduced populations of Miami tiger beetles; (2) Areas that are spatially configured to support metapopulation dynamics, minimize adverse impacts from stochastic events, and maintain representation of the historical range of the species. The result was the inclusion of 14 units of critical habitat not occupied by the Miami tiger beetle at the time of listing. These 14 units encompass approximately 405 ac (164 ha) or 20 percent of proposed critical habitat. All 14 units are either publicly owned or privately owned conservation lands (i.e., Porter Pineland Preserve, which is owned and managed by the Audubon Society). When determining proposed critical habitat boundaries, we made every effort to avoid including developed areas such as lands covered by buildings, pavement, and other structures because such lands lack physical or biological features necessary for the Miami tiger beetle. The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed lands. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this proposed rule have been excluded by text in the proposed rule and are not proposed for designation as critical habitat. Therefore, if the critical habitat is finalized as proposed, a Federal action involving these lands would not trigger section 7 consultation with respect to critical habitat and the requirement of no adverse modification unless the specific action would affect the essential physical or biological features in the adjacent critical habitat. We are proposing for designation as critical habitat those lands that we have determined are occupied at the time of listing and which contain the physical or biological features to support life-history processes essential to the conservation of the species, and lands outside of the geographical area occupied at the time of listing that we have determined are essential for the conservation of the Miami tiger beetle. The critical habitat designation is defined by the maps, as modified by any accompanying regulatory text, presented at the end of this document in the rule portion. We include more detailed information on the boundaries of the critical habitat designation in the preamble of this document. We will make shapefiles of the critical habitat units available to the public on http://www.regulations.gov at Docket No. FWS-R4-ES-2021-0053, and on our internet site www.fws.gov/verobeach/. Proposed Critical Habitat Designation We are proposing 16 units as critical habitat for the Miami tiger beetle. The critical habitat areas we describe below constitute our current best assessment of areas that meet the definition of critical habitat for the Miami tiger beetle. Table 1 shows each critical habitat unit, its occupancy by the Miami tiger beetle at the time it was listed under the Act, and the extent of overlap with critical habitat previously designated for other federally listed species. Table 1--Proposed Critical Habitat Units for the Miami Tiger Beetle, Including Occupancy and Extent of Overlapping Critical Habitat for Other Federally Listed Species -------------------------------------------------------------------------------------------------------------------------------------------------------- Area of overlap Total area (ac with existing Area exclusive Unit No. Unit name Occupancy at time of listing (ha)) critical habitat to Miami tiger (ac (ha)) beetle (ac (ha)) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1...................................... Trinity Pineland.......... No........................... 10 (4) 10 (4) 0 (0) 2...................................... Rockdale Pineland......... No........................... 39 (16) 38 (15) 1 (http://www.regulations.gov. Authors The primary authors of this proposed rule are the staff members of the Fish and Wildlife Service's Florida Ecological Services Field Office. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS 0 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless otherwise noted. 0 2. In Sec. 17.11(h), revise the entry for ``Beetle, Miami tiger'' under ``Insects'' in the List of Endangered and Threatened Wildlife to read as follows: Sec. 17.11 Endangered and threatened wildlife. * * * * * (h) * * * ---------------------------------------------------------------------------------------------------------------- Listing citations Common name Scientific name Where listed Status and applicable rules ---------------------------------------------------------------------------------------------------------------- * * * * * * * Insects * * * * * * * Beetle, Miami tiger............ Cicindelidia U.S.A. (FL)............ E 81 FR 68985; 10/5/ floridana. 2016; 50 CFR 17.95(i).\CH\ * * * * * * * ---------------------------------------------------------------------------------------------------------------- 0 3. In Sec. 17.95, amend paragraph (i) by adding an entry for ``Miami Tiger Beetle Cicindelidia floridana'' after the entry for ``Helotes Mold Beetle Batrisodes venyivi)'', to read as follows: Sec. 17.95 Critical habitat--fish and wildlife. * * * * * (i) Insects. * * * * * Miami Tiger Beetle (Cicindelidia floridana) (1) Critical habitat units are depicted for Miami-Dade County, Florida, on the maps in this entry. (2) Within these areas, the physical or biological features essential to the conservation of the Miami tiger beetle consist of one or more of the following components: (i) South Florida pine rockland habitat of at least 2.5 ac (1 ha) in size that is maintained by natural or prescribed fire or other disturbance regimes; and (ii) Open sandy areas within or directly adjacent to the south Florida pine rockland habitat with little to no vegetation that allows for or facilitates normal behavior and growth such as thermoregulation, foraging, egg-laying, larval development, and habitat connectivity, which promotes the [[Page 49969]] overall distribution and expansion of the species. (3) Critical habitat does not include manmade structures (such as buildings, aqueducts, runways, roads, and other paved areas) and the land on which they are located existing within the legal boundaries on the effective date of this rule. (4) Critical habitat map units. Data layers defining map units were created using Esri ArcGIS mapping software. The projection used was Albers Conical Equal Area (Florida Geographic Data Library), NAD 1983 HARN. The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the critical habitat designation. The spatial data used to create the critical habitat unit maps are available to the public at the Service's internet site, http://www.fws.gov/verobeach/, or http://www.regulations.gov at Docket No. FWS-R4-ES-2021-0053. (5) Note: Index map of all critical habitat units for Miami tiger beetle follows: BILLING CODE 4333-15-P [GRAPHIC] [TIFF OMITTED] TP07SE21.004 (6) Unit 1: Trinity Pineland, Miami-Dade County, Florida. (i) Unit 1 consists of approximately 10 ac (4 ha). The unit is located between SW 72nd Street to the north, SW 80th Street to the south, South Dixie Highway to the east, and Palmetto Expressway to the west. [[Page 49970]] (ii) Map of Unit 1 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.005 (7) Unit 2: Rockdale Pineland, Miami-Dade County, Florida. (i) Unit 2 consists of approximately 39 ac (16 ha). The unit is located directly west of South Dixie Highway, between SW 144th Street to the north and SW 152nd Street to the south. [[Page 49971]] (ii) Map of Unit 2 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.006 (8) Unit 3: Deering Estate South Edition, Miami-Dade County, Florida. (i) Unit 3 consists of approximately 16 ac (6 ha). This unit is located just east of Old Cutler Road and south of 168th Street. [[Page 49972]] (ii) Map of Unit 3 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.007 (9) Unit 4: Ned Glenn Nature Preserve, Miami-Dade County, Florida. (i) Unit 4 consists of approximately 11 ac (4 ha). The unit is located directly west of SW 87th Avenue, between 184th Street to the north, Old Cutler Road to the south, and Franjo Road to the west. [[Page 49973]] (ii) Map of Unit 4 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.008 (10) Unit 5: Deering Estate at Cutler, Miami-Dade County, Florida. (i) Unit 5 consists of approximately 89 ac (36 ha). The unit is located southeast of SW 152nd Street and Old Cutler Road. [[Page 49974]] (ii) Map of Unit 5 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.009 (11) Unit 6: Silver Palm Groves Pineland, Miami-Dade County, Florida. (i) Unit 6 consists of approximately 25 ac (10 ha). This unit is located just north of SW 232nd Street, between SW 216th Street to the north, South Dixie Highway to the east, and SW 147th Avenue to the west. [[Page 49975]] (ii) Map of Unit 6 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.010 (12) Unit 7: Quail Roost Pineland, Miami-Dade County, Florida. (i) Unit 7 consists of approximately 48 ac (19 ha). This unit is located between SW 200th Street to the north, SW 127th Avenue to the east, SW 216th Street to the south, and SW 147th Avenue to the west. [[Page 49976]] (ii) Map of Unit 7 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.011 (13) Unit 8: Eachus Pineland, Miami-Dade County, Florida. (i) Unit 8 consists of approximately 17 ac (7 ha). This unit is located between SW 180th Street to the north, SW 137th Avenue to the east, SW 184th Street to the south and SW 142th Avenue to the east. [[Page 49977]] (ii) Map of Unit 8 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.012 (14) Unit 9: Bill Sadowski Park, Miami-Dade County, Florida. (i) Unit 9 consists of approximately 20 ac (8 ha). This unit is located south of 168th Street, west of Old Cutler Road, north of SW 184th Street, and east of SW 87th Avenue. [[Page 49978]] (ii) Map of Unit 9 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.013 (15) Unit 10: Tamiami Pineland Complex Addition, Miami-Dade County, Florida. (i) Unit 10 consists of approximately 21 ac (8 ha). This unit is located south of 128th Street, west of Florida's Turnpike, north of SW 136th Street, and east of SW 127th Avenue. [[Page 49979]] (ii) Map of Unit 10 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.014 (16) Unit 11: Pine Shore Pineland Preserve, Miami-Dade County, Florida. (i) Unit 11 consists of approximately 8 ac (3 ha). This unit is located southwest of the Don Shula Expressway, west of SW 107th Avenue, and north of SW 128th Street. [[Page 49980]] (ii) Map of Unit 11 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.015 (17) Unit 12: Nixon Smiley Pineland Preserve, Miami-Dade County, Florida. (i) Unit 12 consists of approximately 117 ac (47 ha). This unit is located between SW 120 Street to the north, SW 127th Avenue to the east, SW 128th Street to the south, and SW 137th Avenue to the west. [[Page 49981]] (ii) Map of Unit 12 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.016 (18) Unit 13: Camp Matecumbe, Miami-Dade County, Florida. (i) Unit 13 consists of approximately 81 ac (33 ha). This unit is between SW 104th Street to the north, SW 137th Avenue to the east, SW 12th Street to the south, and SW 147th Avenue to the west. [[Page 49982]] (ii) Map of Unit 13 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.017 (19) Unit 14: Richmond Pine Rocklands, Miami-Dade County, Florida. (i) Unit 14 consists of approximately 1,455 ac (589 ha). This unit is located between SW 152nd Street to the north, SW 117th Avenue to the east, SW 185th Street to the south, and SW 137th Avenue to the west. [[Page 49983]] (ii) Map of Unit 14 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.018 (20) Unit 15: Calderon Pineland, Miami-Dade County, Florida. (i) Unit 15 consists of approximately 14 ac (6 ha). This unit is located between SW 184th Street to the south, SW 137th Avenue to the east, SW 200th Street to the south, and SW 147th Avenue to the west. [[Page 49984]] (ii) Map of Unit 15 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.019 (21) Unit 16: Porter Pineland Preserve, Miami-Dade County, Florida. (i) Unit 16 consists of approximately 7 ac (3 ha). This unit is located to the south of SW 216th Street, to the west of South Dixie Highway, to the north of SW 232nd Street, and to the east of SW 147th Avenue. [[Page 49985]] (ii) Map of Unit 16 follows: [GRAPHIC] [TIFF OMITTED] TP07SE21.020 * * * * * Martha Williams Principal Deputy Director Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service, [FR Doc. 2021-19088 Filed 9-3-21; 8:45 am] BILLING CODE 4333-15-C