Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle (Cicindelidia Floridana)

Published date07 September 2021
Citation86 FR 49945
Record Number2021-19088
SectionProposed rules
CourtFish 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
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT