Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Brickellia mosieri (Florida Brickell-bush) and Linum carteri var….
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Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Brickellia mosieri (
Proposed rule.
<p>CFR Part: "50 CFR Part 17"
RIN Number: "RIN 1018-AZ15"
Citation: "78 FR 61273"
Document Number: "Docket No. FWS-R4-ES-2013-0033; 4500030113"
"Proposed Rules"
SUMMARY: We, the
   EFFECTIVE DATE: We will accept comments received or postmarked on or before
   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-2013-0033, which is the docket number for this rulemaking. You may submit a comment by clicking on "Comment Now!" If your comments will fit in the comment box provided, please use this feature of http://www.regulations.gov, as it is most compatible with our comment review procedures. If you attach your comments as a separate document, our preferred file format is Microsoft Word. If you attach multiple comments (such as form letters), our preferred format is a spreadsheet in Microsoft Excel.
   (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R4-ES-2013-0033;
   We request that you send comments only by the methods described above. We will post all information received on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Requested section below for more information).
   FOR FURTHER INFORMATION CONTACT:
   SUPPLEMENTARY INFORMATION:
Executive Summary
   Why we need to publish a rule. Under the Act, if we intend to list a species as endangered or threatened throughout all or a significant portion of its range, we are required to promptly publish a proposal in the
   This document consists of a proposed rule to list Brickellia mosieri and Linum carteri var.
   The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. We have determined that the threats to both Brickellia mosieri and Linum carteri var. carteri consist primarily of habitat loss and modification through urban and agricultural development, and lack of adequate fire management (Factor A); proliferation of nonnative invasive plants, and sea level rise (Factor E); and these threats are not reduced by existing regulatory mechanisms (Factor D).
   We will seek peer review. We are seeking comments from knowledgeable individuals with scientific expertise to review our analysis of the best available science and application of that science and to provide any additional scientific information to improve this proposed rule. Because we will consider all comments and information received during the comment period, our final determinations may differ from this 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 the public, other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning:
   (1) Both plants' biology, range, and population trends, including:
   (a) Habitat requirements for feeding, breeding, and sheltering;
   (b) Genetics and taxonomy;
   (c) Historical and current range including distribution patterns;
   (d) Historical and current population levels, and current and projected trends; and
   (e) Past and ongoing conservation measures for the plants, their habitat, or both.
   (2) The factors that are the basis for making a listing determination for a species under section 4(a) of the Act (16 U.S.C.
   (a) The present or threatened destruction, modification, or curtailment of their habitat or range;
   (b) Overutilization for commercial, recreational, scientific, or educational purposes;
   (c) Disease or predation;
   (d) The inadequacy of existing regulatory mechanisms; or
   (e) Other natural or manmade factors affecting their continued existence.
   (3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these plants and regulations that may be addressing those threats.
   (4) Additional information concerning the historical and current status, range, distribution, and population size of these plants, including the locations of any additional populations of these plants.
   (5) Current or planned activities in the areas occupied by these plants and possible impacts of these activities on these plants.
   (6) Additional information concerning the biological or ecological requirements of these plants, including pollination and pollinators.
   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 determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or threatened species must be made "solely on the basis of the best scientific and commercial data available."
   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 Web site. 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. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include.
   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, or by appointment, during normal business hours, at the
Previous Federal Actions
   Brickellia mosieri was first recognized as a candidate for possible future listing on
   Linum carteri var. carteri was also first recognized as a candidate for possible future listing on
   Both Brickellia mosieri and Linum carteri var. carteri remained on the candidate list as published in what is now known as the Candidate Notice of Review (CNOR) until 1993 (55 FR 6184,
   Both plants remained on the candidate list as published in the CNORs from 2001 to 2004 (66 FR 54808,
   On
Status Assessment for Brickellia mosieri and Linum carteri var. carteri
Background
   It is our intent to discuss below only those topics directly relevant to the listing of Brickellia mosieri and Linum carteri var. carteri as endangered in this proposed rule.
Brickellia mosieri
Description
   Brickellia mosieri (Family: Asteraceae) is a perennial herb. Mature plants are 0.3-1.1 meters (m) (1.0-3.5 feet (ft)) tall, slender, erect, and branching (Chafin 2000, page numbers not applicable). Leaves are 1-3 centimeters (cm) (0.4-1.2 inches (in)) long, alternate, narrow, linear, thick, usually spreading or curved downward, entire or slightly toothed, and resin-dotted (Chafin 2000, page numbers not applicable). The flower heads are in loose, open clusters at the ends of branches (Chafin 2000, page numbers not applicable). Disk flowers are white in small, dense heads surrounded by hairy, slightly ribbed bracts; there are no ray flowers, although long-style branches (white, sometimes brown) may appear to be rays (Chafin 2000, page numbers not applicable).
Taxonomy
   Brickellia mosieri was first described by Small in 1933 as Kuhnia mosieri (
   While some sources (Integrated Taxonomic Information System (ITIS) 2013a, page numbers not applicable) indicate that Brickellia eupatorioides var. floridana is the accepted taxonomy, local sources including the online Atlas of Florida Vascular Plants (Wunderlin and Hansen 2008, page numbers not applicable), the
Climate
   The climate of south Florida where Brickellia mosieri occurs is classified as tropical savanna and is characterized by distinct wet and dry seasons and a monthly mean temperature above 18 degrees Celsius ( [degrees] C) (64.4 degrees Fahrenheit ( [degrees] F)) in every month of the year (Gabler et al. 1994, p. 211). Freezes can occur in the winter months, but are infrequent at this latitude in south Florida. Rainfall in the pine rockland community where B. mosieri occurs exclusively, varies from an annual average of 153-165 cm (60-65 in) in the northern portion of the
Habitat
   Brickellia mosieri grows exclusively on the
   Pine rockland occurs on relatively flat terrain, approximately 2-7 m (6.5-23.0 ft) above sea level with an average elevation of approximately 3 m (9.8 ft) (Service 1999, p. 3-167; Florida Natural Areas Inventory (FNAI) 2010, p. 62). On the
   Pine rocklands are generally moderately to well drained, depending on the porosity of the limestone substrate and landscape position, including nearby associated natural communities. In pine rocklands on the
   Pine rockland is characterized by an open canopy of
   Pine rocklands in all three areas of Florida also boast a richly diverse herbaceous layer, including a large number of rare and endemic species such as Brickellia mosieri. The diversity of the herbaceous layer decreases as the density of the shrub layer increases (i.e., as understory openness decreases), and pine rockland on the mainland has a more diverse herbaceous layer due to the presence of temperate species and some tropical species that do not occur in the
   Pine rockland occurs in a mosaic with primarily two other natural community types--rockland hammock and marl prairie. Pine rockland grades into rockland hammock; pine rockland has an open pine canopy, and rockland hammock has a closed, hardwood canopy. Pine rockland is a fire-maintained ecosystem--a well-maintained pine rockland is a savanna-like forest, but, in the absence of fire, it will eventually succeed into rockland hammock. Historically, fires often started in the adjacent prairie wetlands and swept into the pinelands, which often have suitable fuel conditions to support surface fires that consume primarily leaf litter (pine needles and herbaceous fuel) and some understory vegetation (Snyder et al. 1990, p. 258). Pine rockland plants have adapted to frequent fires. Mature
   Fire is important for the removal of litter accumulation from the limestone substrate and stimulation of herbaceous growth as well as for maintaining an open shrub layer. Evaluation of herbaceous layers post-fire suggests that pine rocklands may have evolved under a wide range of fire frequency, and some degree of variation in burn season, suggesting that pine rockland habitat historically existed as a mosaic in the landscape. The natural fire regime of pine rockland is believed to be approximately 3-7 years, or twice per decade, on average, with fires primarily occurring in the summer (wet season) in association with lightning strikes. As time since fire increases, leaf litter deepens and the shrub layer becomes denser, eventually shading out understory species and preventing germination of new plants, which require exposed substrate and high light conditions. If fire is excluded for 20-30 years, hardwoods will come to dominate the community and hammock conditions will prevail, which further discourage fires from spreading except in drought conditions.
   Pine rocklands are also susceptible to natural disturbances such as hurricanes and other severe storms, during which trees may be killed, thereby helping to maintain the open canopy that is essential to pine rockland plants such as Brickellia mosieri. This species was first observed in flower on Pine Ridge Sanctuary after Hurricane Andrew made landfall in south Florida in 1992 (Glancy 2013, pers. comm.). During such events, pine rocklands near the coast may be temporarily inundated by saltwater which can also kill or damage vegetation (Snyder et al. 1990, p. 251;
   Pine rockland on the
   Brickellia mosieri is endemic to the pine rocklands of the
   Brickellia mosieri is currently distributed from central and southern
   The number of extant occurrences of this species is somewhat uncertain due to the lack of complete and recent survey information, which is primarily a function of the number of populations that occur on private lands, making them difficult to survey. In addition, Brickellia mosieri can be extremely difficult to identify when not in flower, making it difficult to confidently determine when a population has been extirpated. The most complete survey that included the species was the 2004-2005 mapping by IRC of natural forest communities (NFCs; pinelands and hardwoods) in
   Based on the best available data, we classified those occurrences of Brickellia mosieri that have not been confirmed extirpated as either extant (status confirmed within the last 10 years), possibly extant (reliable data are greater than 10 years but less than 15 years old; habitat is still extant), or unknown/historical (observation does not include sufficient detail, or data are more than 15 years old; habitat is still extant) (Table 1). Using this classification, populations of B. mosieri are believed to occur on at least 17 (extant or presumed extant) sites, and may possibly occur on up to another 5 (possibly extant) sites, although most of these latter sites have been searched in recent years without the species being found. B. mosieri may also occur at three historical sites, although additional confirmation is needed. Of the 17 extant occurrences, 9 occur on public conservation lands, 4 occur on private lands managed for conservation, and 4 occur on private lands with unknown management (Table 1). Four of the populations on public conservation lands, including two of the three large (>100 plants) monitored populations, occur adjacent to one another in the
   Bradley and Gann (1999, p. 12) estimated population size using a logarithmic scale. On that scale, the total population of the species in 1999 was estimated at 1,001-10,000 plants (with the exact number probably between 5,000 and 7,000 plants), and was thought to be declining (
Table 1--Extant and Historical Populations of Brickellia mosieri--for Those Populations Occurring Within aCounty-Designated Natural Forest Community (NFC) Parcel, NFC Number Is Provided if Available. The NFC Number Format Is a Letter Designating Primary Habitat Type Within the NFC ("P" for Pine Rockland, "H" for Hammock), Followed by a 1-3 Digit Number Assigned by the County Population Ownership Population range (NFC # if applicable (* denotes lands managed (number of plants and (P-#)) for conservation) year if available) Extant: Regularly monitored populations--status confirmed within last 5 years. Navy Wells Pineland State of Florida 101-1,000 (272 in 2009). Preserve (P-415) (Florida Keys Aqueduct *1 Authority) and Miami-Dade County* Pine Shore Pineland Miami-Dade County* 11-100 (77-118 in 2009). Preserve (P-48) *1 Quail Roost Pineland State of 11-100 (23 in 2011). *1 (P-144) Florida--managed by Miami-Dade County* Richmond Pinelands Miami-Dade County* 101-1,000 (815 in 2008). Complex--Larry and Penny *1Thompson Park (P-391) Richmond Pinelands Miami-Dade County* 101-1,000 (742 in 2009). Complex--Zoo Miami *1 (P-391) Rockdale Pineland (P-52) State of 1-10 (5 in 2010). *1 Florida--managed by Miami-Dade County* Ron Ehman Park Miami-Dade School 11-100 (31-45 in 2011). Board--managed by *1 Miami-Dade County* West Biscayne Pineland State of 11-100 (15-150 in 2008). (P-295) Florida--managed by *1 Miami-Dade County* Presumed Extant: Populations not regularly monitored--status confirmed within last 10 years. P-132 Private* 1-10. *2 P-295 Private 101-1,000. *2 P-297 Private 11-100. *2 P-316 Private* 11-100. *2 P-365 Private 11-100. *2 Pine Ridge Sanctuary Private* 11-100. *3 (P-310) Porter Russell Pineland Private--Tropical 10-15. *4 Preserve (P-160) Audubon Society* Richmond Pinelands Miami-Dade County* Unknown (previously Complex --Martinez grouped with Larry and Pineland (P-391) Penny Thompson Park). Richmond Pinelands Private--University of 11-100. *2 Complex --University of Miami Miami ,Richmond Campus (P-391) Possibly Extant: Habitat extant but status last confirmed 10-15 years ago. Camp Choee (P-397) Private--Girls Scouts of 11-100. *5 Tropical Florida Camp Owaissa Bauer Miami-Dade County* 11-100. *5 (H-681) Panther Pineland (P-338) Private* 11-100. *5 Seminole Wayside Park Miami-Dade County* 11-100. *5 (P-365) Tamiami Pinelands State of 10-100. *5 Complex Addition Florida--managed by (P-6.00) Miami-Dade County* Unknown/Historical: Habitat extant but records regarding occurrence are limited and/or >15 years old. Ingram Pineland (P-360) State of Unknown. *6 Florida--managed by Miami-Dade County* Navy Wells #2 (P-329) Miami-Dade School Board Unknown. *7 Nixon Smiley Pineland Miami-Dade County* Unknown. *8 Preserve (P-370) *1 Possley 2013b, pers. comm. *2Bradley and Gann 2005, page numbers not applicable. *3 Glancy 2013, pers. comm. *4Bradley 2008a, pers. comm. *5Bradley and Gann 1999, p. 15. *6 IRC 2005, page numbers not applicable. *7 *AI 2011, page numbers not applicable. *8 IRC 1999, p. 2; IRC 2013, page numbers not applicable.
Demographic, Reproductive Biology, and Population Genetics
   Little research has been done into the demography, reproductive biology, or genetics of Brickellia mosieri. Field observations indicate that the species does not usually occur in great abundance--populations are typically sparse and contain a low density of plants even in well-maintained pine rockland habitat (
Linum carteri var. carteri
Description
   Linum carteri var. carteri (Family: Linaceae) is an annual or short-lived perennial herb endemic to
Taxonomy
   According to
Climate
   The climate of south Florida where Linum carteri var. carteri occurs is described above for Brickellia mosieri.
Habitat
   Like Brickellia mosieri, Linum carteri var. carteri grows exclusively on the
   The pine rockland community is described above for Brickellia mosieri. The scarified pine rocklands and disturbed areas where Linum carteri var. carteri occurs often supports a subset of the pine rockland flora, as well as a component of weedy native and nonnative plants, including Bidens alba var. radiata (beggarticks), Eremochloa ophiuroides (centipede grass), Desmodium spp. (ticktrefoil), and Stenotaphrum secundatum (
   The natural disturbance regime for pine rocklands is discussed above for Brickellia mosieri and also applies to Linum carteri var. carteri. Fellows et al. (2004, p. 95) suggested that fire could be beneficial as it creates openings in the habitat, but that the potential for adults to survive from rootstock is unknown (although population recovery may be supported by the seed bank). Because areas where the variety now exists support native pine rockland herbaceous and grass plant species, periodic mowing of these areas may partially replace the role of fire in maintaining an open understory.
   Linum carteri var. carteri was first collected in 1903 between the
   Linum carteri var. carteri is currently found from
   In 2012, IRC (
   Because this variety is known to be a short-lived perennial with widely fluctuating numbers of individuals (Maschinski et al. 2003, p. v; 2004, p. iv), as well as being difficult to find when not in flower, we include an estimate of population range using the logarithmic scale (Table 2) to account for these characteristics and to provide a comparison to the previous total population estimates. Using the logarithmic scale, the total population estimate is 337-3,310 plants. However, it should be noted that most 2012 observations were at the low end of the corresponding logarithmic range such that the resulting high end for the total population estimate may be a gross overestimate of the actual population. Based strictly on 2012 observations, the total population estimate may be closer to 1,300 individuals. Comparing these estimates to the 1999 and 2003 population estimates generally supports the boom-and-bust nature of Linum carteri var. carteri, although the significant decline since 2001 could also potentially indicate a declining trend in one or more populations (especially USDA Chapman Field and
Table 2--Extant and Historical Populations of Linum carteri var. carteri--for Those Populations Occurring Within aCounty-Designated Natural Forest Community (NFC) Parcel, NFC Number is Provided if Available. The NFC Number Format is a Letter Designating Primary Habitat Type Within the NFC ("P" for Pine Rockland, "H" for Hammock), Followed by a 1-3 Digit Number Assigned by the County Population Ownership Population range (NFC # if applicable (* denotes lands managed (est. number of (P-#)) for conservation) plants in 2012) *1 Extant: Population status confirmed in 2012 surveys conducted by IRC. C-103 Canal State of Florida--South 1-10 (1). Florida Water Management District Camp Owaissa Bauer State of 11-100 (13). Addition (P-255.4) Florida--managed by Miami-Dade County* Chapman Field, USDA Federal--U.S. Department 101-1,000 (700). Subtropical of AgricultureHorticultural Research Station (portions are P-63) Montgomery Botanical Private--Montgomery 11-100 (12). Center Botanical Center Old Dixie Pineland Private 11-100 (18). R. Hardy Matheson State of 101-1,000 (374). Preserve (H-634) Florida--managed by Miami-Dade County * Rockdale Pineland Miami-Dade County * 101-1,000 (195). Addition (P-52) Historical: Population not observed for >10 years, but habitat extant. Gifford Arboretum Private 0. Pineland *1 Source for number of plants isBradley andvan der Heiden (2013, pp. 12-16).
Demographics, Reproductive Biology and Population Genetics
   The reproductive ecology and biology of Linum carteri var. carteri is not well understood, but reproduction is sexual (
   Preliminary demographic monitoring of Linum carteri var. carteri showed that, for adult reproductive plants, average plant growth was fairly constant from July through October, flowering and fruit production were most abundant in July, and plant mortality increased during the fall months (Maschinski et al. 2002, p. iv). Maschinski and
   To examine population viability in response to disturbance, long-term demographic studies were conducted from
   Although population viability models projected declines in mown sites, and fairly stable population growth in undisturbed sites, high variation in the models suggest caution be used in interpreting results. One likely factor in the high year-to-year variation observed is variation in weather, which was most apparent in the model for undisturbed habitat. Preliminary models indicated that population viability was greatly affected by reproductive rates and whether there is a persistent seed bank (Maschinski 2006, p. 83; Maschinski and
Summary of Factors Affecting the Species
   Section 4 of the Act (16 U.S.C. 1533), and its implementing regulations at 50 CFR part 424, set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of the Act, we may determine a species to be endangered or threatened due to one or more of the following five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. Listing actions may be warranted based on any of the above threat factors, singly or in combination. Each of these factors as applied to these two plants is discussed below.
A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range
   Brickellia mosieri and Linum carteri var. carteri have experienced substantial destruction, modification, and curtailment of their habitat and range (see Status Assessment, above). Specific threats to these plants included in this factor include habitat loss, fragmentation, and modification caused by development (i.e., conversion to both urban and agricultural land uses) and inadequate fire management. Each of these threats and its specific effects on these plants are discussed in detail below.
Human Population Growth and Development
   The pine rockland community of south Florida, to which both plants are endemic, is critically imperiled globally (FNAI 2012, p. 27). Since the 1800s, residential and commercial development and agriculture have drastically reduced the habitat for these plants throughout pine rocklands in south Florida. When the
   While Miami-Dade County has developed a network of public conservation lands including some of these pine rocklands, much of the remaining habitat occurs on private lands as well as publically owned lands not managed for conservation. Species occurrences and suitable habitat remaining on these lands are threatened by habitat loss and degradation, and threats are expected to accelerate with increased development. The human population within
   Development, such as road construction, can also threaten these plants' habitat on public lands. This is especially true for Linum carteri var. carteri, whose association with disturbed areas is more likely to result in occurrences in firebreaks and other edge areas subject to increased development pressure and effects. For example, one colony of 11-100 L. c. var. carteri individuals located within the
   Another human-related factor that can modify public and private lands alike is the potential for high levels of nutrients from agricultural and urban areas to enter into pine rockland systems. Such chemical alteration of pine rockland soil, which has naturally low amounts of phosphorus and nitrogen, can result in changes to vegetation composition and structure, at the expense of pine rockland endemics such as Brickellia mosieri and Linum carteri var. carteri. This is currently not considered a problem in most intact pine rockland systems, but could likely be an issue where restoration is required (Gann 2013a, pers. comm.).
   Habitat fragmentation reduces the size of plant populations, and increases spatial isolation of remnants. Barrios et al. (2011, p. 1062) investigated the effects of fragmentation on a threatened pine rockland plant, Angadenia berteroi (pineland golden trumpet), and found that abundance and fragment size were positively related. Possley et al. (2008, p. 385) studied the effects of fragment size on species composition in south Florida pine rocklands, and found that plant species richness and fragment size were positively correlated (although some small fragments supported nearly as many species as the largest fragment). Composition of fragmented habitat typically differs from that of intact forests, as isolation and edge effects increase leading to increased abundance of disturbance-adapted species (weedy species, nonnative invasive species) and lower rates of pollination and propagule dispersal (
   While pollination research has not been conducted for Brickellia mosieri or Linum carteri var. carteri, research regarding other species and ecosystems provides valuable information regarding potential effects of fragmentation to these plants. Effects of fragmentation on pollinators may include changes to the pollinator community as a result of limitation of pollinator-required resources (e.g., reduced availability of rendezvous plants, nesting and roosting sites, and nectar/pollen); these changes may include changes to pollinator community composition, species abundance and diversity, and pollinator behavior (Rathcke and Jules 1993, pp. 273-275; Kremen and Ricketts 2000, p. 1227; Harris and Johnson 2004, pp. 30-33). As a result, plants in fragmented habitats may experience lower visitation rates, which in turn may result in reduced seed production of the pollinated plant (which may lead to reduced seedling recruitment), reduced pollen dispersal, increased inbreeding, reduced genetic variability, and ultimately reduced population viability (Rathcke and Jules 1993, p. 275; Goverde et al. 2002, pp. 297-298; Harris and Johnson 2004, pp. 33-34).
   In addition to effects on pollination, fragmentation of natural habitats often alters other ecosystems' functions and disturbance regimes. Fragmentation results in an increased proportion of "edge" habitat, which in turn has a variety of effects, including changes in microclimate and community structure at various distances from the edge (Margules and Pressey 2000, p. 248), altered spatial distribution of fire (greater fire frequency in areas nearer the edge) (Cochrane 2001, pp. 1518-1519), and increased pressure from nonnative invasive plants and animals that may out-compete or disturb native plant populations. The effects of fragmentation on fire go beyond edge effects and include reduced likelihood and extent of fires, and altered behavior and characteristics (e.g., intensity) of those fires that do occur. Habitat fragmentation encourages the suppression of naturally occurring fires, and has prevented fire from moving across the landscape in a natural way, resulting in an increased amount of habitat suffering from these negative impacts. High fragmentation of small habitat patches within an urban matrix discourages the use of prescribed fire as well due to logistical difficulties (see Fire Management, below). Forest fragments in urban settings are also subject to increased likelihood of certain types of human-related disturbance, such as the dumping of trash (Chavez and Tynon 2000, p. 405). The many effects of habitat fragmentation may work in concert to threaten the local persistence of a species; when a species' range of occurrence is limited, threats to local persistence increase extinction risk.
Fire Management
   One of the primary threats to both of these plants is habitat modification and degradation through inadequate fire management, which includes both the lack of prescribed fire and suppression of natural fires. Where the term "fire-suppressed" is used below, it describes degraded pine rockland conditions resulting from a lack of adequate fire (natural or prescribed) in the landscape. Historically, frequent (approximately twice per decade), lightning-induced fires were a vital component in maintaining native vegetation and ecosystem functioning within south Florida pine rocklands (see Status Assessment, above). A period of just 10 years without fire may result in a marked decrease in the number of herbaceous species due to the effects of shading and litter accumulation (FNAI 2010, p. 63). Exclusion of fire for approximately 25 years will likely result in gradual hammock development over that time period, leaving a system that is very fire resistant if additional pre-fire management (e.g., mechanical hardwood removal) is not undertaken.
   Now, natural fires are unlikely to occur or are likely to be suppressed in the remaining, highly fragmented pine rockland habitat. The suppression of natural fires has reduced the size of the areas that burn, and habitat fragmentation has prevented fire from moving across the landscape in a natural way. Without fire, successional climax from pine rockland to rockland hammock is rapid, and displacement of native species by invasive nonnative plants often occurs. Understory plants such as Brickellia mosieri and Linum carteri var. carteri are shaded out by hardwoods and nonnatives alike. Shading may also be caused by a fire-suppressed (and, in some cases, planted) pine canopy that has evaded the natural thinning effects that fire has on seedlings and smaller trees. Gann (2013a, pers. comm.) indicates this is also a threat to pine rockland habitat on the
   After an extended period of inadequate fire management in pine rocklands, it becomes necessary to control invading native hardwoods mechanically, since excess growth of native hardwoods would result in a hot fire, which can be destructive. Mechanical treatments cannot entirely replace fire because pine trees, understory shrubs, grasses, and herbs all contribute to an ever-increasing layer of leaf litter, covering herbs and preventing germination, as discussed above. Leaf litter will continue to accumulate even if hardwoods are removed mechanically. In addition, the ashes left by fires provide important post-fire nutrient cycling, which is not provided via mechanical removal.
   Brickellia mosieri --All occurrences of Brickellia mosieri are affected by some degree of inadequate fire management, with the primary threat being shading by hardwoods (
   Linum carteri var. carteri --Of the seven extant occurrences of Linum carteri var. carteri, six are threatened to some degree by inadequate fire management. Three of these populations (
   Implementation of a prescribed fire program in
Conservation Efforts To Reduce the Present or Threatened Destruction, Modification, or Curtailment of Habitat or Range
   In 1979,
   Since 2005, the Service has funded IRC to facilitate restoration and management of privately owned pine rockland habitats in
   
B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes
   We have no evidence suggesting that overutilization for commercial, recreational, scientific, or educational purposes is a threat to Brickellia mosieri. Except for its rarity, the species does not possess any attributes that would make it desirable to collectors, such as showy foliage or flowers, and there are no known medicinal, culinary, or religious uses for this species. We also have no evidence that overutilization is a threat for Linum carteri var. carteri. However, FTBG states that the species is a member of the Linum rigidum complex and, therefore, may contain the alpha -carotenoids leutin and 5,6-monoepoxide (
C. Disease or Predation
   No diseases or incidences of predation have been reported for Brickellia mosieri and Linum carteri var. carteri.
D. The Inadequacy of Existing Regulatory Mechanisms
   Under this factor, we examine whether existing regulatory mechanisms are inadequate to address the threats to the species discussed under the other factors. Section 4(b)(1)(A) of the Act requires the Service to take into account "those efforts, if any, being made by any State or foreign nation, or any political subdivision of a State or foreign nation, to protect such species. . . ." In relation to Factor D, we interpret this language to require the Service to consider relevant Federal, State, and tribal laws, plans, regulations, and other such mechanisms that may minimize any of the threats we describe in threat analyses under the other four factors, or otherwise enhance conservation of the species. We give strongest weight to statutes and their implementing regulations and to management direction that stems from those laws and regulations. An example would be State governmental actions enforced under a State statute or constitution, or Federal action under statute.
Federal
   These plants have no Federal regulatory protection in their known occupied and suitable habitat. Neither taxon occurs on
State
   Brickellia mosieri and Linum carteri var. carteri are listed on the Regulated Plant Index as endangered under Chapter 5B-40, Florida Administrative Code. The Regulated Plant Index also includes all federally listed endangered and threatened plant species. This listing provides little or no habitat protection beyond the State's Development of Regional Impact process, which discloses impacts from projects, but provides no regulatory protection for State-listed plants on private lands.
   Florida Statutes 581.185 sections (3)(a) and (b) prohibit any person from willfully destroying or harvesting any species listed as endangered or threatened on the Index, or growing such a plant on the private land of another, or on any public land, without first obtaining the written permission of the landowner and a permit from the
   In addition, subsections (8)(a) and (b) of the statute waive State regulation for certain classes of activities for all species on the Regulated Plant Index, including the clearing or removal of regulated plants for agricultural, forestry, mining, construction (residential, commercial, or infrastructure), and fire-control activities by a private landowner or his or her agent. However, section (10) of the statute provides for consultation similar to section 7 of the Federal Act for listed species by requiring the
Local
   In 1984, Section 24-49 of the Code of
   In 1990,
   While State and local regulations, and fee title properties, do provide for protection of these plants specifically, and pine rockland habitat in general, they are either not effective or not implemented sufficiently to alleviate the threats to these plants or their habitat.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
   Brickellia mosieri and Linum carteri var. carteri are both threatened by other natural or manmade factors that affect each taxon to varying degrees. Specific threats to these plants included in this factor consist of the spread of nonnative invasive plants, potentially incompatible management practices (such as mowing and herbicide use), direct impacts to plants from recreation and other human activities, small population size and isolation, climate change, and the related risks from environmental stochasticity (extreme weather) on these small populations. Each of these threats and its specific effect on these plants are discussed in detail below.
Nonnative Plant Species
   Nonnative plants have significantly affected pine rocklands, and threaten all occurrences of Brickellia mosieri and Linum carteri var. carteri to some degree (
   Nonnative invasive plants compete with native plants for space, light, water, and nutrients, and make habitat conditions unsuitable for both Brickellia mosieri and Linum carteri var. carteri, which respond positively to open conditions. They also affect the characteristics of a fire when it does occur. Historically, pine rocklands had an open, low understory where natural fires remained patchy with low temperature intensity, thus sparing many native plants such as B. mosieri and L. c. var. carteri. Dense infestations of Neyraudia neyraudiana and Schinus terebinthifolius cause higher fire temperatures and longer burning periods. With the presence of invasive nonnative species, it is uncertain how fire, even under a managed situation, will affect these plants.
   Management of nonnative invasive plants in pine rocklands in
Mowing
   Linum carteri var. carteri' s occurrence in disturbed, open areas such as firebreaks and road rights-of-way makes it much more susceptible than Brickellia mosieri to disturbance factors such as mowing. According to
Herbicides
   As with mowing, the use of herbicides is more likely to threaten populations of Linum carteri var. carteri, due to the variety's occurrence in disturbed, open areas, which are also the typical habitat of weedy and nonnative plant species. Two of the seven extant L. c. var. carteri occurrences--the
Recreation and Other Human Activities
   Linum carteri var. carteri' s occurrence in disturbed, open areas such as firebreaks and road rights-of-way also makes it much more susceptible than Brickellia mosieri to recreational and other human activities. These activities may inadvertently impact some populations of L. c. var. carteri. In the past, mountain biking has been identified as a threat at
Effects of Small Population Size and Isolation
   Endemic species whose populations exhibit a high degree of isolation are extremely susceptible to extinction from both random and nonrandom catastrophic natural or human-caused events. Species that are restricted to geographically limited areas are inherently more vulnerable to extinction than widespread species because of the increased risk of genetic bottlenecks, random demographic fluctuations, climate change, and localized catastrophes such as hurricanes and disease outbreaks (Mangel and Tier 1994, p. 607; Pimm et al. 1988, p. 757). These problems are further magnified when populations are few and restricted to a very small geographic area, and when the number of individuals is very small. Populations with these characteristics face an increased likelihood of stochastic extinction due to changes in demography, the environment, genetics, or other factors (Gilpin and
   Small, isolated populations, such as those in fragmented habitat, often exhibit reduced levels of genetic variability, although the ultimate effect of these changes is dependent on a plant's specific life history, reproductive system, and interaction with pollinators and dispersal vectors (which may themselves be affected by fragmentation) (Young et al. 1996, p. 413). While research results clearly indicate that isolation/fragmentation has population genetic consequences for plants, consequences are varied and for some species there may be a "fragmentation threshold" below which genetic variation is not lost (Young et al. 1996, p. 416). No such study has been conducted for Brickellia mosieri or Linum carteri var. carteri, so whether these plants exhibit such a threshold is not known. Reduced genetic variability generally diminishes a species' capacity to adapt and respond to environmental changes, thereby decreasing the probability of long-term persistence (e.g., Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Very small plant populations may experience reduced reproductive vigor due to ineffective pollination or inbreeding depression. Isolated individuals have difficulty achieving natural pollen exchange, which limits the production of viable seed. The problems associated with small population size and vulnerability to random demographic fluctuations or natural catastrophes are further magnified by synergistic (interaction of two or more components) effects with other threats, such as those discussed above.
   Only small and fragmented occurrences of these two plants remain. The current ranges of Brickellia mosieri and Linum carteri var. carteri span such a small geographic area--a narrow band (no more than 4.0 km (2.5 mi) in width) along the ridge approximately 30.1 km (18.7 mi) and 26.9 km (16.7 mi) in length, respectively--that all populations could be affected by a single event (e.g., hurricane). Four of the seven remaining populations of L. c. var. carteri have fewer than 20 individual plants (see Table 2). B. mosieri populations occur in higher numbers (Table 1) but are still not considered sizable. L. c. var. carteri shows great differences in plant numbers from year to year, probably because individuals typically live 1-2 years and grow from seed. This trait makes them more vulnerable than perennials to changes in environment. Viable plant populations for small, short-lived herbs may consist of tens of thousands of plants (Menges 1991, p. 48; Lande 1995, p. 789). Although robust population viability analyses (including minimum viable population calculations) have not been conducted for these plants, indications are that most existing populations for both plants are at best marginal. Lack of dispersal between occurrences may also be a threat (see
Climate Change
   Climatic changes, including sea level rise (SLR), are major threats to south Florida, including Brickellia mosieri and Linum carteri var. carteri. Our analyses under the Act include consideration of ongoing and projected changes in climate. The terms "climate" and "climate change" are defined by the
   Scientific measurements spanning several decades demonstrate that changes in climate are occurring, and that the rate of change has been faster since the 1950s. Examples include warming of the global climate system, and substantial increases in precipitation in some regions of the world and decreases in other regions. (For these and other examples, see IPCC 2007, p. 30; and Solomon et al. 2007, pp. 35-54, 82-85.)
   Scientists use a variety of climate models, which include consideration of natural processes and variability, as well as various scenarios of potential levels and timing of greenhouse gas (GHG) emissions, to evaluate the causes of changes already observed and to project future changes in temperature and other climate conditions (e.g., Meehl et al. 2007, entire; Ganguly et al. 2009, pp. 11555, 15558; Prinn et al. 2011, pp. 527, 529). Although projections of the magnitude and rate of warming differ after about 2030, the overall trajectory of all the projections is one of increased global warming through the end of this century, even for the projections based on scenarios that assume that GHG emissions will stabilize or decline. Thus, there is strong scientific support for projections that warming will continue through the 21st century, and that the magnitude and rate of change will be influenced substantially by the extent of GHG emissions (IPCC 2007, pp. 44-45; Meehl et al. 2007, pp. 760-764 and 797-811; Ganguly et al. 2009, pp. 15555-15558; Prinn et al. 2011, pp. 527, 529).
   Various changes in climate may have direct or indirect effects on species. These effects may be positive, neutral, or negative, and they may change over time, depending on the species and other relevant considerations, such as interactions of climate with other variables (e.g., habitat fragmentation) (IPCC 2007, pp. 8-14, 18-19).
   Projected changes in climate and related impacts can vary substantially across and within different regions of the world (e.g., IPCC 2007, pp. 8-12). Therefore, we use "downscaled" projections when they are available and have been developed through appropriate scientific procedures (see
   The long-term record at
   Subsequent to the 2007 IPCC Report, the scientific community has continued to model SLR. Recent peer-reviewed publications indicate a movement toward increased acceleration of SLR. Observed SLR rates are already trending along the higher end of the 2007 IPCC estimates, and it is now widely held that SLR will exceed the levels projected by the IPCC (Rahmstorf et al. 2012, p. 1; Grinsted et al. 2010, p. 470). Taken together, these studies support the use of higher end estimates now prevalent in the scientific literature. Recent studies have estimated global mean SLR of 1-2 m (3.3-6.6 ft) by 2100 as follows: 0.75-1.90 m (2.5-6.2 ft; Vermeer and Rahmstorf 2009, p. 21530), 0.8-2.0 m (2.6-6.6 ft; Pfeffer et al. 2008, p. 1342), 0.9-1.3 m (3.0-4.3 ft; Grinsted et al. 2010, pp. 469-470), 0.6-1.6 m (2.0-5.2 ft; Jevrejeva et al. 2010, p. 4), and 0.5-1.40 m (1.6-4.6 ft;
   Other processes expected to be affected by projected warming include temperatures, rainfall (amount, seasonal timing, and distribution), and storms (frequency and intensity) (discussed more specifically under Environmental Stochasticity, below). The
   Prior to inundation, pine rocklands are likely to undergo habitat transitions related to climate change, including changes to hydrology and increasing vulnerability to storm surge. Hydrology has a strong influence on plant distribution in these and other coastal areas (IPCC 2008, p. 57). Such communities typically grade from salt to brackish to freshwater species. From the 1930s to 1950s, increased salinity of coastal waters contributed to the decline of cabbage palm forests in southwest Florida (Williams et al. 1999, pp. 2056-2059), expansion of mangroves into adjacent marshes in
   
   Drier conditions and increased variability in precipitation associated with climate change are expected to hamper successful regeneration of forests and cause shifts in vegetation types through time (Wear and Greis 2012, p. 39). Although it has not been well studied, existing pine rocklands have probably been affected by reductions in the mean water table. Climate changes are also forecasted to extend fire seasons and the frequency of large fire events throughout the
Alternative Future Landscape Models
   To accommodate the large uncertainty in SLR projections, researchers must estimate effects from a range of scenarios. Various model scenarios developed at
   Based on the most recent estimates of SLR and the data available to us at this time, we evaluated potential effects of SLR using the current "high" range
   When simply looking at current elevations of pine rockland fragments and occurrences of these plants, it appears that an SLR of 1 m (3.3. ft) will inundate the coastal and southern pine rocklands and cause vegetation shifts largely as described above. SLR of 2 m (6.6 ft) appears to inundate much larger portions of urban
Environmental Stochasticity
   The climate of southern Florida is driven by a combination of local, regional, and global events, regimes, and oscillations. There are three main "seasons": (1) the wet season, which is hot, rainy, and humid from June through October; (2) the official hurricane season that extends one month beyond the wet season (
   According to the Florida Climate Center, Florida is by far the most vulnerable State in
   Hurricanes, storm surge, and extreme high tide events are natural events that can pose a threat to both plants. Hurricanes and tropical storms can modify habitat (e.g., through storm surge) and have the potential to destroy entire populations. Climate change may lead to increased frequency and duration of severe storms (Golladay et al. 2004, p. 504; McLaughlin et al. 2002, p. 6074; Cook et al. 2004, p. 1015). Both plants experienced these disturbances historically, but had the benefit of more abundant and contiguous habitat to buffer them from extirpations. With most of the historical habitat having been destroyed or modified, the few remaining populations of these plants could face local extirpations due to stochastic events.
   Other processes to be affected by climate change, related to environmental stochasticity, include temperatures, rainfall (amount, seasonal timing, and distribution), and storms (frequency and intensity). Temperatures are projected to rise from 2-5 [degrees] C (3.6-9 [degrees] F) for
Freezing Temperatures
   Occasional freezing temperatures that occur in south Florida are a threat to Brickellia mosieri and Linum carteri var. carteri, causing damage or death to individual plants. Under normal circumstances, occasional freezing temperatures would not result in a significant impact to populations of these plants; however, the small size of some populations means the loss from freezing events of even a few individuals can reduce the viability of the population.
Conservation Efforts To Reduce Other Natural or Manmade Factors Affecting Continued Existence
   An IRC program included reintroduction of both Brickellia mosieri and Linum carteri var. carteri in an effort to establish new occurrences of these plants and increase population sizes. To date, B. mosieri has been reintroduced to at least one site (
   Ex-situ conservation by FTBG consists of seed collection of pine rockland plants, including Brickellia mosieri and Linum carteri var. carteri, to learn about their germination, storage, and cultivation requirements to help safeguard these plants from extinction. FTBG has 22 seed accessions of B. mosieri, and a total of 1,589 seeds were provided to the
Cumulative Effects of Threats
   The limited distributions and small population sizes of Brickellia mosieri and Linum carteri var. carteri make them extremely susceptible to further habitat loss, modification, and degradation and other anthropogenic threats. Mechanisms leading to the decline of these plants, as discussed above, range from local (e.g., lack of adequate fire management, mowing, herbicides), to regional (e.g., development, fragmentation, nonnative species), to global influences (e.g., climate change, SLR). The synergistic effects of threats (such as hurricane effects on a species with a limited distribution consisting of just a few small populations) make it difficult to predict population viability. While these stressors may act in isolation, it is more probable that many stressors are acting simultaneously (or in combination) on populations of B. mosieri and L. c. var. carteri.
Summary of Threats
   We have determined that the threats to both Brickellia mosieri and Linum carteri var. carteri consist primarily of habitat loss and modification through urban and agricultural development, lack of adequate fire management, proliferation of nonnative invasive plants, and SLR. Threats described under Factor A--habitat loss, fragmentation, and degradation resulting from development and inadequate fire management, and Factor E--competition from nonnative invasive plants, are believed to be the primary drivers in the historical and recent declines of B. mosieri and L. c. var. carteri. L. c. var. carteri has also been threatened by anthropogenic disturbances which threaten populations in disturbed habitats, such as firebreaks and road rights-of-way, and both plants are suspected to be negatively affected by threats related to small, isolated populations (Factor E). All of these threats are expected to continue to impact populations of these plants in the future. Current local, State, and Federal regulatory mechanisms (Factor D) are inadequate to protect these plants from taking and habitat loss. Despite the existing regulatory mechanisms, B. mosieri and L. c. var. carteri continue to decline.
   Other factors that are likely to threaten Brickellia mosieri and Linum carteri var. carteri in the future are climate change (including SLR) and extreme weather events (hurricanes, frost events), especially as effects of these could be catastrophic on isolated, small populations of both plants (Factor E). The majority of the remaining populations of these plants are generally small and geographically isolated. The narrow distribution of their populations in hurricane-prone south Florida makes them more susceptible to extirpation from a single catastrophic event. Furthermore, this level of isolation makes natural recolonization of extirpated populations virtually impossible without human intervention.
   The above-described threats have had substantial adverse effects on Brickellia mosieri and Linum carteri var. carteri populations and their habitats. Although attempts are ongoing to alleviate some of these threats at some locations, no populations appear to be without one or more major threats.
Proposed Determination
   We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to Brickellia mosieri and Linum carteri var. carteri. Section 3(6) of the Act defines an endangered species as "any species which is in danger of extinction throughout all or a significant portion of its range" and section 3(20) of the Act defines a threatened species as "any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range."
   As described in detail above, both plants are currently at risk throughout all of their respective ranges due to the immediacy, severity, and scope of threats from habitat destruction and modification (Factor A) and other natural or manmade factors affecting their continued existence (Factor E), and existing regulatory mechanisms are inadequate to reduce these threats (Factor D). Although actions are ongoing to alleviate some threats, no populations appear to be free of major threats. As a result, impacts from increasing threats, singly or in combination, are likely to result in the extinction of these plants.
Brickellia mosieri
   Brickellia mosieri has been extirpated from approximately 13 percent of its historical range, and the primary threats of inadequate fire management (Factor A) and competition from nonnative invasive plants (Factor E) are currently active in the remaining populations. Populations of B. mosieri are relatively small and isolated from one another, and the species' ability to recolonize suitable habitat between populations is unknown at this time. Because of the current condition of the populations and life-history traits of the species, it is vulnerable to natural or human-caused changes in its currently occupied habitats. Existing regulatory mechanisms are inadequate to eliminate or even reduce these threats (Factor D). Numerous threats are occurring now and are likely to continue in the foreseeable future, at a high intensity, and across the species' entire range; therefore, we have determined the species is currently on the brink of extinction. Because these threats are placing the species in danger of extinction now and not only at some point in the foreseeable future, we find this species meets the definition of an endangered species rather than a threatened species. Therefore, we are proposing to list it as an endangered species. These threats are currently active, and will continue to affect the populations of B. mosieri into the foreseeable future, and these threats will individually and collectively contribute to the species' local extirpation and potential extinction.
Linum carteri var. carteri
   L. c. var. carteri has been extirpated from approximately 30 percent of its historical range, and threats of inadequate fire management (Factor A) and competition from nonnative, invasive plants (Factor E), as well as other anthropogenic disturbances (Factor E), are currently active in the remaining populations. Populations of L. c. var. carteri are small, few in number, and isolated from one another; the taxon's ability to recolonize suitable habitat between populations is unknown at this time. Because of the current condition of the populations and life-history traits of the taxon, it is vulnerable to natural or human-caused changes in its currently occupied habitats. Existing regulatory mechanisms are inadequate to eliminate or even reduce these threats (Factor D). Numerous threats are occurring now and are likely to continue in the foreseeable future, at a high intensity, and across the taxon's entire range; therefore, we have determined the taxon is currently on the brink of extinction. Because these threats are placing the taxon in danger of extinction now and not only at some point in the foreseeable future, we find this taxon meets the definition of an endangered species rather than a threatened species. Therefore, we are proposing to list it as an endangered species. The threats described above are currently active, and will continue to affect the populations of L. c. var. carteri into the foreseeable future, and these threats will individually and collectively contribute to the taxon's local extirpation and potential extinction.
Significant Portion of
   We evaluated the current ranges of Brickellia mosieri and Linum carteri var. carteri to determine if there is any apparent geographic concentration of potential threats for either taxon. Both plants are highly restricted in their ranges, and the threats occur throughout their ranges. We considered the potential threats due to habitat loss and modification from development, lack of adequate fire management, competition from nonnative plants, and SLR, as well as the threats of incompatible land management and other human activities, hurricanes and other extreme weather, and small populations with restricted range. We found no concentration of threats because of the plants' limited and curtailed ranges, and uniformity of the threats throughout their entire ranges. Having determined that B. mosieri and L. c. var. carteri are endangered throughout their entire ranges, it is not necessary to evaluate whether there are any significant portions of their ranges.
Available Conservation Measures
   Conservation measures provided to species listed as endangered or threatened under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. Recognition through listing results in public awareness and conservation by Federal, State, Tribal, and local agencies; private organizations; and individuals. The Act encourages cooperation with the States and requires that recovery actions be carried out for all listed species. The protection required by Federal agencies and the prohibitions against certain activities are discussed, in part, below.
   The primary purpose of the Act is the conservation of endangered and threatened species and the ecosystems upon which they depend. The ultimate goal of such conservation efforts is the recovery of these listed species, so that they no longer need the protective measures of the Act. Subsection 4(f) of the Act requires the Service to develop and implement recovery plans for the conservation of endangered and threatened species. The recovery planning process involves the identification of actions that are necessary to halt or reverse the species' decline by addressing the threats to its survival and recovery. The goal of this process is to restore listed species to a point where they are secure, self-sustaining, and functioning components of their ecosystems.
   Recovery planning includes the development of a recovery outline shortly after a species is listed, preparation of a draft and final recovery plan, and revisions to the plan as significant new information becomes available. The recovery outline guides the immediate implementation of urgent recovery actions and describes the process to be used to develop a recovery plan. The recovery plan identifies site-specific management actions that will achieve recovery of the species, measurable criteria that determine when a species may be downlisted or delisted, and methods for monitoring recovery progress. Recovery plans also establish a framework for agencies to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. Recovery teams (comprising species experts, Federal and State agencies, nongovernmental organizations, and stakeholders) are often established to develop recovery plans. When completed, the recovery outline, draft recovery plan, and the final recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our
   Implementation of recovery actions generally requires the participation of a broad range of partners, including other Federal agencies, States, Tribal, nongovernmental organizations, businesses, and private landowners. Examples of recovery actions include habitat restoration (e.g., restoration of native vegetation), research, captive propagation and reintroduction, and outreach and education. The recovery of many listed species cannot be accomplished solely on Federal lands because their range may occur primarily or solely on non-Federal lands. To achieve recovery of these plants requires cooperative conservation efforts on private, State, and Tribal lands.
   If these plants are listed, funding for recovery actions will be available from a variety of sources, including Federal budgets, State programs, and cost-share grants for non-Federal landowners, the academic community, and nongovernmental organizations. In addition, under section 6 of the Act, the
   Although Brickellia mosieri and Linum carteri var. carteri are only proposed for listing under the Act at this time, please let us know if you are interested in participating in recovery efforts for these plants. Additionally, we invite you to submit any new information on these plants whenever it becomes available and any information you may have for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT).
   Federal agencies are required to confer with us informally on any action that is likely to jeopardize the continued existence of a species that is proposed for listing. Section 7(a)(4) requires Federal agencies to confer with the Service on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in destruction or adverse modification of proposed critical habitat. If a species is listed subsequently, section 7(a)(2) requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of the species or destroy or adversely modify its critical habitat. If a Federal action may adversely affect a listed species or its critical habitat, the responsible Federal agency must enter into formal consultation with the Service.
   Federal agency actions within these plants' habitat that may require conference or consultation or both as described in the preceding paragraph include, but are not limited to, the funding of, carrying out, or issuance of permits for resource management activities, development of facilities, road and trail construction, recreational programs and any other landscape-altering activities on Federal lands administered by the
   The Act and its implementing regulations set forth a series of general prohibitions and exceptions that apply to endangered plants. All prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, apply. These prohibitions, in part, make it illegal for any person subject to the jurisdiction of
   Preservation of native flora of Florida (Florida Statutes 581.185) sections (3)(a) and (b) provide limited protection to species listed in the State of Florida Regulated Plant Index including Brickellia mosieri and Linum carteri var. carteri, as described under Factor D, The Inadequacy of Existing Regulatory Mechanisms. Federal listing increases protection for these plants by making violations of section 3 of the Florida Statute punishable as a Federal offense under section 9 of the Act. This provides increased protection from unauthorized collecting and vandalism for the plants on State and private lands, where they might not otherwise be protected by the Act, and increases the severity of the penalty for unauthorized collection, vandalism, or trade in these plants.
   We may issue permits to carry out otherwise prohibited activities involving endangered and threatened plant species under certain circumstances. Regulations governing permits are codified at 50 CFR 17.62 for endangered plants, and at 50 CFR 17.72 for threatened plants. With regard to endangered plants, a permit must be issued for activities undertaken for scientific purposes or to enhance the propagation or survival of the species.
   The Service acknowledges that it cannot fully address some of the natural threats facing Brickellia mosieri and Linum carteri var. carteri (e.g., hurricanes, tropical storms) or even some of the other significant, long-term threats (e.g., climatic changes, SLR). However, through listing, we provide protection to the known populations and any new population of these plants that may be discovered (see discussion below). With listing, we can also influence Federal actions that may potentially impact these plants (see discussion below); this is especially valuable if either species is found at additional locations. With this action, we are also better able to deter illicit collection and trade.
   Our policy, as published in the
   (1) Import any such species into, or export any such species from,
   (2) Remove and reduce to possession any such species from areas under Federal jurisdiction; maliciously damage or destroy any such species on any such area; or remove, cut, dig up, or damage or destroy any such species on any other area in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law;
   (3) Deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species;
   (4) Sell or offer for sale in interstate or foreign commerce any such species;
   (5) Introduce any nonnative wildlife or plant species to the
   (6) Release any unauthorized biological control agents that attack any life stage of Brickellia mosieri or Linum carteri var. carteri; or
   (7) Unauthorized manipulation or modification of the habitat of Brickellia mosieri or Linum carteri var. carteri on Federal lands.
   Questions regarding whether specific activities would constitute a violation of section 9 of the Act should be directed to the Field Supervisor of the Service's South Florida Ecological Services Office (see FOR FURTHER INFORMATION CONTACT). Requests for copies of regulations regarding listed species and inquiries about prohibitions and permits should be addressed to the
   If Brickellia mosieri and Linum carteri var. carteri are listed under the Act, the
Peer Review
   In accordance with our joint policy on peer review published in the
   We will consider all comments and information we receive during this comment period on this proposed rule during our preparation of a final determination. Accordingly, the final decision may differ from this proposal.
Public Hearings
   Section 4(b)(5) of the Act provides for one or more public hearings on this proposal, if requested. Requests must be received within 45 days after the date of publication of this proposed rule in the
Required Determinations
Clarity of the Rule
   We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of
   (1) Be logically organized;
   (2) Use the active voice to address readers directly;
   (3) Use clear language rather than jargon;
   (4) Be divided into short sections and sentences; and
   (5) Use lists and tables wherever possible.
   If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
   This rule does not contain any new collections of information that require approval by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule will not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
   We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act, need not be prepared in connection with listing a species as endangered or threatened under the Act. We published a notice outlining our reasons for this determination in the
References Cited
   A complete list of references cited in this rulemaking is available on the Internet at http://www.regulations.gov and upon request from the South Florida Ecological Services Office (see FOR FURTHER INFORMATION CONTACT).
Authors
   The primary authors of this package are the staff members of the
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--[AMENDED]
   1. The authority citation for part 17 continues to read as follows:
   Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless otherwise noted.
   2. Amend
* * * * *
   (h) * * *
Species Historical range Family Scientific name Common name Flowering Plants * * * * * * * Brickellia Brickell-bush, U.S.A. (FL) Asteraceae mosieri Florida * * * * * * * Linum carteri Flax, Carter's U.S.A. (FL) Linaceae var. carteri small-flowered * * * * * * *
Species Status When listed Critical Special rules habitat Scientific name Flowering Plants * * * * * * * Brickellia E NA NA mosieri * * * * * * * Linum carteri E NA NA var. carteri * * * * * * *
* * * * *
   Dated:
Acting Director,
[FR Doc. 2013-24173 Filed 10-2-13;
BILLING CODE 4310-55-P
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