# Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-10077

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** May 23, 2023
- **Citation:** 88 FR 33194

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2021-0053; FF09E21000 FXES11110900000 234]
RIN 1018-BF38
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Miami tiger beetle (
Cicindelidia floridana
) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the Miami tiger beetle's critical habitat.

DATES:

This rule is effective June 22, 2023.

ADDRESSES:

This final rule is available on the internet at
https://www.regulations.gov
and
https://www.fws.gov/office/florida-ecological-services/library.
Comments and materials we received, as well as supporting documentation we used in preparing this rule, are available for public inspection at
https://www.regulations.gov at
Docket No. FWS-R4-ES-2021-0053.

For the critical habitat designation, the coordinates or plot points or both from which the maps are generated are included in the decision file and are available at
https://www.regulations.gov
at Docket No. FWS-R4-ES-2021-0053, at
https://www.fws.gov/office/florida-ecological-services/library,
and at the Florida Ecological Services Field Office (see
FOR FURTHER INFORMATION CONTACT
).

FOR FURTHER INFORMATION CONTACT:

Lourdes Mena, Division Manager, Florida Classification and Recovery, U.S. Fish and Wildlife Service, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; telephone 904-731-3134. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TTDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule.
Under the Act, any species that is determined to be an endangered or a threatened 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 through the Administrative Procedure Act rulemaking process (5 U.S.C. 551
et seq.
).

What this document does.
We are designating critical habitat for the Miami tiger beetle, which is listed as an endangered species.

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. 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.

Previous Federal Actions

Please refer to the final rule to list the Miami tiger beetle as an endangered species (81 FR 68985; October 5, 2016) and the proposed rule to designate critical habitat for the Miami tiger beetle (86 FR 49945; September 7, 2021) for a detailed description of previous Federal actions concerning this species.

Summary of Changes From the Proposed Rule

The following are specific changes that we make in this final rule to designate critical habitat for the Miami tiger beetle based on public comments on, and information made available since the development and publication of, our September 7, 2021, proposed rule (86 FR 49945):

(1) We correct the name of Unit 3 from Deering Estate South Edition to Deering Estate South Addition.

(2) We change the name of Unit 13 from Camp Matecumbe to Boystown Pineland Preserve.

(3) We adjust the boundaries of Unit 14 at the Coral Reef Commons property to avoid small areas (less than 0.5 acre) of development and align with the habitat conservation plan (HCP) on-site preserve and mitigation area.

(4) We are excluding the Coral Reef Commons HCP on-site preserve and off-site mitigation area in Unit 14 from this final designation pursuant to section 4(b)(2) of the Act (16 U.S.C. 1531
et seq.
) based on the provisions of the HCP. This amounts to a decrease of approximately 109.3 acres (ac) (44.2 hectares (ha)) from the critical habitat areas we proposed. In addition, we obtained new property boundary information from Miami-Dade County (Miami-Dade County open data hub; accessed February 4, 2022) and information from the public comments to help refine the specific boundaries of critical habitat around the on-site preserves. Because of this exclusion, in this rule, we present revised index and Unit 14 maps, and in our supporting documents at
https://www.regulations.gov at
Docket No. FWS-R4-ES-2021-0053, we provide updated coordinates or plot points from which those maps were generated.

(5) We specify that “managed lawns” are not included in this critical habitat designation.

(6) In the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h), we revise the information in the “Where listed” column for the Miami tiger beetle to read, “Wherever found.” This corrects the entry in the List to accurately reflect that this species' listing is not a population-based listing but a listing of the species in its entirety. This correction does not change the description, distribution, or endangered status of the Miami tiger beetle.

(7) We also made several nonsubstantive, editorial corrections for clarity and increased readability.

Summary of Comments and Recommendations

In the proposed rule published on September 7, 2021 (86 FR 49945), we requested that all interested parties submit written comments on the proposal by November 8, 2021. We also contacted appropriate Federal and State agencies, scientific experts and organizations, and other interested parties and invited them to comment on the proposal. A newspaper notice inviting the general public to comment on our proposal was published in the Miami Herald on September 13, 2021.

During the public comment period, we received a request for a public hearing on the proposal, and on November 8, 2021, we published in the
Federal Register
a document (86 FR 61745) extending the public comment period on the proposal to December 23, 2021, and announcing a December 2, 2021, public hearing on the proposal. A subsequent notice was published in the Miami Herald on November 9, 2021, announcing the extension of the public comment period on the proposal and the public hearing, and inviting public comment. As announced, we held the public hearing on December 2, 2021.

We received a total of more than 850 public comments on our proposal, inclusive of the public hearing testimony, including two peer reviewer, three State, and two Miami-Dade County comments; a supportive post card campaign (more than 800 comments); and other members of the public (through written comments or public hearing testimony from individuals). We did not receive any comments from Federal agencies or Tribal entities. All substantive information we received during the full comment period on the proposal has either been incorporated directly into this final rule or is addressed below.

Peer Reviewer Comments

We solicited comments from four peer reviewers on our proposal to designate critical habitat for the Miami tiger beetle and subsequently received responses from two of the peer reviewers. We reviewed the responses from the peer reviewers for substantive information and comments directly related to the species and our proposal. The two respondents generally found our proposal was well-supported. Peer reviewer comments are addressed in the following summary and were incorporated into this final rule, as appropriate.

(1) Comment:
One peer reviewer noted that management of habitat to maintain it as open and suitable for the Miami tiger beetle is a very critical concern; the reviewer added that management of habitat at the two sites currently occupied by the species has been insufficient, resulting in low population sizes, and thus can be a serious threat to the survival of the species. The reviewer and others suggested that prescribed fire at frequent intervals may be the best management method but acknowledged that manual removal of leaf litter and vegetation may also be a suitable method.

Our Response:
Appropriate habitat management using different disturbance regimes (
i.e.,
methods), as appropriate, to maintain a mosaic of suitable sandy and disturbed habitat is essential for the Miami tiger beetle's survival and conservation. Controlled burning is the preferred method of maintaining the habitat, but this technique is not always available or the most prudent for specific parcels. That is why we also acknowledge the importance of other methods of maintaining habitat in appropriate disturbance mosaics, such as manual clearing and removal of leaf litter and encroaching vegetation. To highlight the importance of maintaining the appropriate disturbance regime of pine rockland habitat for the Miami tiger beetle, both in the September 7, 2021, proposed rule and in this final rule, we include maintenance by natural or prescribed fire or other disturbance regimes in one of the physical or biological features essential to the beetle's conservation (see Physical or Biological Features Essential to the Conservation of the Species, below).

(2) Comment:
One peer reviewer, in addition to the Florida Natural Areas Inventory (FNAI; a State agency) and others, commented that additional parcels that are currently unoccupied by the Miami tiger beetle have appropriate pine rockland habitat for the species and should be included in the critical habitat designation. In particular, the reviewer and others focused on the inclusion of Ludlam Pineland Preserve and the adjacent Florida Power and Light (FPL) lands.

Our Response:
We may designate critical habitat that is outside the geographical area occupied by the species if we determine it to be essential for the conservation of the species. Accordingly, during the development of our September 7, 2021, proposed rule, we evaluated numerous parcels outside the species' current range containing pine rockland habitat to determine if they may meet the criteria we established for inclusion in critical habitat, which includes size of parcel, quality of existing pine rockland habitat, appropriate soils, and existing or potential for long-term habitat management either through prescribed fire or manual methods. Many of the parcels of remnant pine rocklands within the historical range of the Miami tiger beetle in south Florida initially considered for inclusion in the proposed critical habitat designation were removed from further consideration due to a combination of factors, including poor quality of habitat (
i.e.,
extensive infestation of invasive vegetation, significantly overgrown), and lack of the appropriate soil types, and lack of existing protections and management. Many areas were too overgrown with native and invasive vegetation and the intensive, long-term management necessary to provide quality habitat was determined to be not practicable, due to several factors including land ownership, access, and purpose or mission of the lands. Thus, we determined those areas did not meet the definition of critical habitat for the Miami tiger beetle. Consequently, the unoccupied parcels we found essential for the conservation of the Miami tiger beetle are those that we determined to have the best opportunity for supporting existing and future populations of the Miami tiger beetle and that had a high probability of having long-term management for the species and its habitat.

As indicated above, numerous commenters, including a peer reviewer and FNAI, recommended that Ludlum Pineland Preserve and the adjacent FPL lands be included in the critical habitat designation for the Miami tiger beetle. Our initial assessment of the Ludlam Pineland Preserve suggested that while it meets the size criteria, includes the appropriate soil types, and has some management potential, the site is extensively overgrown with invasive species, and the long-term management potential for the Miami tiger beetle and its specific habitat needs is uncertain. As a result, the site ultimately was not considered further. Previous field surveys (Knisley 2014, p. 42) of Ludlam Pineland Preserve indicated that the site was disturbed with a heavy pine overstory and thick understory of saw palmetto; surveyors concluded there was minimal habitat for the Miami tiger beetle. In fact, one surveyor gave it an overall grade of “D” for habitat suitability. A subsequent survey conducted in late August 2021 by representatives from FNAI (FNAI 2021, entire), the results of which were provided to us during the public comment period on our September 7, 2021, proposed rule, further confirmed that the site is extensively overgrown with vegetation, both canopy and understory, and has a deep layer of leaf litter, thus making it unsuitable for the Miami tiger beetle at this time. Even though the parcel is currently being managed for pine rockland habitat, the management is insufficient for the Miami tiger beetle and its preferred habitat. While we recognize that with extensive management, this parcel could have future habitat potential for the Miami tiger beetle, we do not consider it to meet the definition of critical habitat for the Miami tiger beetle. As a result, we find that it does not currently meet the criteria for

inclusion in a critical habitat designation for the species.

Our initial evaluation of the FPL parcel was comparable to that of the Ludlam Pineland Preserve parcel in that the existing habitat may not be of high quality, and the long-term management potential for the Miami tiger beetle is limited due to land ownership and the use or mission of the property. As such, we did not include the FPL parcel in our proposed critical habitat designation for the Miami tiger beetle. During the public comment period on our September 7, 2021, proposed rule, FNAI provided results of an August 2021 field survey of the FPL parcel. The field survey identified that the areas under the powerlines contain a dense understory of vegetation, but some adjacent areas consist of suitable open sandy substrates, suggesting potential suitable habitat for the Miami tiger beetle. Even though the parcel may contain some suitable habitat for the beetle, we have determined that the FPL parcel is not essential for the conservation of the species. While the parcel is subjected to a certain level of management and disturbance, which maintains the lands for the utility and provides some habitat for the beetle, we find that the type and level of management may not be fully consistent with the beetle's long-term needs. Further, the mission or purpose of the parcel is to be maintained for the utility, suggesting that management may be inconsistent with the conservation needs of the beetle. Consequently, we concluded that this parcel doesn't meet the definition of critical habitat for Miami tiger beetle. Therefore, we are not including the FPL parcel in this critical habitat designation for the species. However, like Ludlum Pineland Preserve and similar parcels containing disturbed pine rockland habitat, this parcel could provide habitat for the Miami tiger beetle if managed appropriately.

Comments From States

We received three comments from State agencies on our proposal, two from FNAI and one from the Florida Fish and Wildlife Conservation Commission (FFWCC). The comments from FNAI focused primarily on the recommendation to include Ludlam Pineland Preserve, discussed above, but to not include Gould's Pineland Preserve, discussed below. The comments from FFWCC provided a statement of support for the criteria used in the development of our proposal to identify specific areas as critical habitat for the Miami tiger beetle; provided some editorial comments; sought clarification of proposed Unit 14, Richmond Pine Rocklands, and the treatment of the Coral Reef Commons HCP and other parcels therein; discussed habitat management for the Miami tiger beetle and provided some recommendations; and discussed captive propagation of the species.

(3) Comment:
FNAI recommended that Gould's Pineland Preserve not be included due to current site conditions based on recent survey information. However, numerous other commenters recommended that the parcel be considered for inclusion in critical habitat. Further, commenters also recommended that additional areas be considered for inclusion in critical habitat. These include, but are not limited to, Boystown Pineland Preserve, R. Hardy Matheson Preserve, pine rockland habitat on Miami Executive Airport, Camp Choee, lands containing pine rockland habitat adjacent to the University of Miami's Center for Southeastern Tropical Advanced Remote Sensing (CSTARS) facility, and Coral Reef Park.

Our Response:
Since Gould's Pineland Preserve is outside the geographical area occupied by the species at the time of listing, it must be essential for the conservation of the Miami tiger beetle in order to meet the Act's definition of critical habitat. As discussed above, during the development of our proposal, we evaluated numerous unoccupied parcels containing pine rockland habitat to determine if they are essential for inclusion in critical habitat; our evaluations included size of parcel, quality of existing pine rockland habitat, soil type(s), and existing protections and management either through prescribed fire or manual methods. Many of the parcels of remnant pine rocklands within the historical range of the Miami tiger beetle in south Florida initially considered for critical habitat were removed from further consideration due to a combination of factors including containing poor quality of habitat (
i.e.,
extensive infestation of invasive vegetation, significantly overgrown), lack of the appropriate soil types, and lack of existing protections and management. Many areas were too overgrown with vegetation, and the intensive, long-term management necessary to provide quality habitat was determined to be not practicable, due to several factors including land ownership and access. Thus, we determined those areas were not essential for the conservation of the Miami tiger beetle. Consequently, the unoccupied parcels we found essential to the conservation of the Miami tiger beetle are those parcels in our proposal that we determined to have the best opportunity for supporting existing and future populations of the Miami tiger beetle.

Like Ludlam Pineland Preserve, Gould's Pineland Preserve was initially evaluated for inclusion in critical habitat for the Miami tiger beetle but was summarily rejected due to current site/habitat conditions based on field survey information. Surveys from 2015 provided information that the site contained very thick canopy and midstory of vegetation and that leaf litter/thatch on the ground was too thick, thus rendering the site unsuitable for the Miami tiger beetle. At that time one surveyor gave it an overall grade of D-F for habitat suitability. A subsequent survey conducted in late August 2021 by representatives from FNAI, the results of which were provided to us during the public comment period on our September 7, 2021, proposed rule, further confirmed that the site is extensively overgrown with vegetation, both canopy and understory, and has a deep layer of leaf litter, thus making it unsuitable for the Miami tiger beetle. The site also appears to be too rocky with little mixed sand areas, so even with extensive management, the site may not support the beetle. While we recognize that with extensive long-term management of this parcel, it could provide limited habitat for the Miami tiger beetle, we currently do not consider it to be essential for the conservation of the beetle. As a result, we do not find that Gould's Pineland Preserve meets the Act's definition of critical habitat for the Miami tiger beetle.

Likewise, Boystown Pineland Preserve, R. Hardy Matheson Preserve, pine rockland habitat on Miami Executive Airport, Camp Choee, and Coral Reef Park each were initially considered for inclusion in critical habitat. Boystown Pineland Preserve was included in our September 7, 2021, proposed rule but incorrectly identified as Camp Matecumbe (proposed Unit 13). In this final rule, the name of the unit has been corrected to Boystown Pineland Preserve. As for the other areas:

(1) R. Hardy Matheson Preserve is considered rockland hammock, not pine rockland, and has the wrong soil type for the Miami tiger beetle; therefore, it is not considered to be essential for the species.

(2) Pine rockland habitat on Miami Executive Airport consists of private land that is currently being managed for airport use, which is not consistent with the needs of the Miami tiger beetle.

Therefore, the parcel is not considered essential habitat for the beetle.

(3) Camp Choee is a privately owned Girl Scout camp whose mission does not include protection and management for the beetle or its habitat, and therefore it is not considered essential habitat.

(4) We did determine that the pine rocklands adjacent to the University of Miami CSTARS facility is essential to the conservation of the Miami tiger beetle. This land is associated with the mitigation area for the Coral Reef Common HCP and is being conserved and managed for the beetle and its essential habitat features. As discussed below, this mitigation area is being excluded from this final critical habitat designation pursuant to section 4(b)(2) of the Act based on the conservation provisions of the HCP (see Consideration of Impacts under Section 4(b)(2) of the Act, below).

(5) Coral Reef Park is an urban park with some marginal rocky habitat with some sand along the periphery, and as such we do not find it to be essential habitat for the beetle.

Consequently, these areas are not included this final designation of critical habitat for the Miami tiger beetle as we have concluded they do not meet the definition of critical habitat or are being excluded pursuant to section 4(b)(2) of the Act. As previously discussed above, additional parcels not specifically named in this rule were evaluated during the development of the proposal and for this final rule, but we did not find them essential for the conservation of the species because they do not meet the habitat requirements for the Miami tiger beetle, such as presence of one or more of the essential physical or biological features.

(4) Comment:
FFWCC and other commenters recommended that the pine rockland habitat within the Coral Reef Commons HCP preserve and mitigation area parcels be included in the final critical habitat designation to emphasize their significance to the management of, and their connectivity to, the Richmond Pine Rocklands (Unit 14).

Our Response:
We agree with FFWCC's assessment that the habitat within the Coral Reef Commons HCP preserve and mitigation areas is central to the long-term conservation of the Miami tiger beetle and that the proper management and conservation of the habitat within these two parcels is paramount. However, consistent with our section 4(b)(2) policy (81 FR 7226; February 11, 2016), if a signed conservation plan or program provides for the necessary long-term conservation and management of habitat for a species for which critical habitat is being considered, then we may choose to conduct an analysis pursuant to section 4(b)(2) of the Act to determine if the benefits of excluding the specific area under consideration outweigh the benefits of including the area in critical habitat. We have determined through our analysis that the provisions set forth in the Coral Reef Commons HCP, as implemented, will provide for the appropriate long-term management and conservation of this habitat such that the benefits of its inclusion are significantly reduced. Accordingly, we determined that the benefits of excluding these specific parcels from this critical habitat designation outweigh the benefit of their inclusion in the designation. (See Consideration of Impacts under Section 4(b)(2) of the Act, below, for more information.) As a result, the preserve and mitigation areas associated with the Coral Reef Commons HCP have been excluded from this final critical habitat designation pursuant to section 4(b)(2) of the Act.

(5) Comment:
FFWCC recommended that we clarify the specific parcels and landownership within Unit 14 (Richmond Pine Rocklands), conduct surveys on parcels in which the occupancy by the Miami tiger beetle has not been verified, and manage the habitat on each parcel to benefit the species.

Our Response:
In developing our September 7, 2021, proposed rule, we used the best information and mapping data available from the county and other sources to determine landownership within this unit. We recognize that, for some parcels, landownership was vague or boundaries imprecise, but this was the best data available to us at that time. We have obtained more recent 2022 parcel or landownership information from Miami-Dade County for use in the development of this final rule; however, these parcel data did not provide any further clarification on property ownership within Unit 14.

We also agree with FFWCC that further surveys should be conducted throughout Unit 14 to verify and document the extent of occupancy by the Miami tiger beetle and identify those areas where habitat restoration or management may be a priority. However, since some of the land, such as the University of Miami CSTARS and Coral Reef Commons, is private, we do not have access to the parcels to directly conduct such field surveys and are thus reliant on the property owners for either granting access for conducting field surveys or providing specific information concerning habitat quality and potential for occupancy by the beetle. Other parcels are federally owned, but have limited access due to security constraints, such as the Federal prison and U.S. Coast Guard areas. Further, known occurrences of Miami tiger beetle in this unit suggest beetles are capable of moving throughout this unit such that all the areas within the unit meet the definition of the “geographical area occupied by the species,” which is defined in title 50 of the Code of Federal Regulations (CFR) at 424.02 (50 CFR 424.02) as an area that may generally be delineated around species' occurrences, as determined by the Secretary (
i.e.,
range). As the regulations provide, the occupied areas may include those areas used throughout all or part of the species' life cycle, even if not used on a regular basis, including migratory corridors. Accordingly, although we agree that additional surveys would be helpful to identify the extent of occupancy, we clarify that we consider the entire unit to be within the geographical area occupied by the species.

Public Comments

(6) Comment:
A commenter indicated that the boundaries of proposed critical habitat were not accurately aligned with the boundaries of the Coral Reef Commons HCP preserve and mitigation areas and requested that we ensure that the boundaries are aligned in the final rule.

Our Response:
It was our intent that the boundaries of the proposed critical habitat for the Miami tiger beetle avoid the developed areas in the Coral Reef Commons property and align with those of the preserve and mitigation areas established in the Coral Reef Commons HCP. However, given the scale of the maps for publication in the
Federal Register
, it may appear in this document that the boundaries are not aligned. We have verified their alignment in this final rule. The coordinates or plot points or both from which the maps are generated are included in the decision file and are available at
https://www.regulations.gov
at Docket No. FWS-R4-ES-2021-0053, at
https://www.fws.gov/office/florida-ecological-services/library,
and at the Florida Ecological Services Field Office (see
FOR FURTHER INFORMATION CONTACT
).

(7) Comment:
Several commenters expressed concern about the long-term viability of pine rockland habitat and conservation potential for the Miami tiger beetle given the impacts of climate change (
i.e.,
more frequent and severe storm and hurricane events, sea level rise, and saltwater intrusion).

Our Response:
Such factors as increased extreme weather events and hurricanes, sea level rise, and saltwater intrusion, along with other possible effects of climate change, do raise serious concerns not only for the Miami tiger beetle but for many of the endangered, threatened, and at-risk species in south Florida. These factors were considered in the development of our September 7, 2021, proposed rule. Many of the critical habitat units are at elevations above projected sea level rise; however, there could be impacts due to salinization of the water table and shifts in vegetation. Specifically, numerous parcels of pine rockland habitat were identified that either have good quality habitat for the beetle or have a high potential for restoration and management so that, ultimately, through the process of translocation and introduction, additional populations of the beetle can be established. With currently only two known extant populations of the Miami tiger beetle, it is our expectation that multiple populations distributed across the species' historical range will help protect the long-term survivability of the species from stochastic events and impacts from these climate-related factors.

(8) Comment:
Several commenters suggested that the proposed critical habitat within Unit 14 (Richmond Pine Rocklands) includes roadways, pathways, pavement, buildings, and other structures that lack the physical or biological features essential to the conservation of the Miami tiger beetle.

Our Response:
As explained in our September 7, 2021, proposed rule and this final rule, critical habitat does not include human-made structures (such as buildings, aqueducts, runways, roads, and other paved areas) or the land on which they are located, so these features within designated units are not considered critical habitat. In developing and delineating critical habitat for the Miami tiger beetle, we used the most current mapping and survey information available to us to focus on identifying the specific areas that contain the essential physical or biological features for the species and made every attempt to not include developed areas such as roads, pavement, buildings, and other such areas. In developing this final rule, we obtained new property boundary information from Miami-Dade County (Miami-Dade County open data hub; accessed February 4, 2022) and information from public comments on our September 7, 2021, proposed rule to help refine the specific boundaries of critical habitat. As indicated in our proposal and reiterated in this rule, 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.

To help clarify and facilitate implementation, specifically for Unit 14 of this final rule, this critical habitat designation does not include maintained asphalt roads and paths or buildings and structures associated with the Gold Coast Railroad Museum, Military Museum, and Zoo Miami, or managed fields comprised of dense lawn grass used for Zoo Miami operations. Further, any such lands inadvertently left inside critical habitat boundaries shown on the maps of this rule have been excluded by text in the rule and are not designated as critical habitat. Therefore, a Federal action involving these lands will not trigger section 7 consultation with respect to critical habitat and the requirement of no adverse modification, unless the specific action will affect the physical or biological features essential to the Miami tiger beetle in the adjacent critical habitat. In contrast, this critical habitat designation for the Miami tiger beetle includes areas that contain degraded asphalt, gravel, dirt roads, dirt paths, or dirt firebreaks, and vegetated areas not containing dense, frequently maintained lawn grass used for Zoo Miami operations.

(9) Comment:
One commenter indicated that the boundaries we identified in the Unit 14 (Richmond Pine Rocklands) of our proposed critical habitat for the Miami tiger beetle overlap with small portions (a total of 0.3 acres (1.21 hectares)) of land identified as areas to be developed (
i.e.,
not preserve or mitigation area) as part of the Coral Reef Commons HCP. The commenter requested that we align the boundaries of critical habitat with those for the HCP to remove the areas to be developed. The commenter further provided a map showing the areas of overlap to facilitate their removal from the critical habitat unit's boundaries.

Our Response:
We appreciate the information and map provided by the commenter. In this final rule, we align the boundaries of critical habitat within Unit 14 (Richmond Pine Rocklands) to remove those areas identified in the Coral Reef Commons HCP as areas to be developed.

(10) Comment:
A commenter on behalf of the Miami Wilds proposed development stated that the Miami Wilds development footprint for the project only includes paved surfaces and undeveloped areas of densely overgrown, invasive vegetation, and that portions of the development footprint are included within the boundaries of the proposed critical habitat designation for the Miami tiger beetle. The commenter further indicated that they compared the boundaries of the proposed critical habitat designation with information they have from field surveys conducted within the development footprint and the results of that comparison suggest that the proposed critical habitat designation includes areas that do not contain habitat for the beetle and are not known to be occupied by the beetle. The commenter recommended that only areas known to contain the essential habitat for the Miami tiger beetle in Unit 14 should be included in the final critical habitat designation and the “non-habitat” areas should be removed. The commenter further suggested that the entirety of Unit 14 (Richmond Pine Rocklands) is not occupied by the Miami tiger beetle as the September 7, 2021, proposed rule indicates. The commenter cites information from surveys conducted in portions of Unit 14 in 2020 and 2021 following the 2015 Survey Guidelines for the Miami Tiger Beetle that were negative for the beetle. The commenter recommended that only areas known to be occupied by the Miami tiger beetle in Unit 14 be identified as occupied and those areas not known to be occupied, or where there is negative survey information, be labeled as unoccupied.

Our Response:
In our September 7, 2021, proposed rule, we identified Unit 14 (Richmond Pine Rocklands) as occupied by the Miami tiger beetle based on the known, documented presence of the beetle at several locations throughout the unit and the unit contains one or more of the physical and biological features. As discussed above in our response to
(5) Comment,
the “geographical area occupied by the species” is defined at 50 CFR 424.02 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). While the entirety of Unit 14 may not be

occupied at all times, the known occurrences of the Miami tiger beetle in this unit suggest they are capable of moving throughout this area given the suitable habitat and lack of barriers to dispersal such that the area comprising Unit 14 meets the definition of the “geographical area occupied by the species” for the Miami tiger beetle. It is also likely that there may be additional populations in the unsurveyed and undersurveyed areas of this unit due to the suitable habitat present within the unit. For example, in the summer of 2021, surveyors discovered Miami tiger beetles in a new area of the Miami Zoo property, over 0.6 miles (1 kilometer) from the closest known areas. However, given the concerns related to the extent of occupancy within Unit 14, we also considered whether these areas would meet the standard for critical habitat if we assumed the areas were not occupied. We find they would. The Miami tiger beetle currently requires additional populations if it is to recover to the point that it could be removed from the Federal List of Endangered and Threatened Wildlife. Due to the limited remaining suitable habitat for this species and the proximity of these areas to documented occurrences, the continuity of habitat, and presence of the physical or biological features essential to the Miami tiger beetle, these areas are essential for the conservation of the Miami tiger beetle. Further, given the scale of mapping for this critical habitat designation, it is difficult to extract small areas of non-habitat. Please refer to our response to
(8) Comment,
above for clarification on the treatment of certain areas within critical habitat.

(11) Comment:
One commenter suggested that the draft economic analysis for the proposed critical habitat designation for the Miami tiger beetle is flawed, specifically with regards to Unit 14 (Richmond Pine Rocklands). The commenter asserted the flaws result from the analysis relying on: (1) Overestimating the extent of current occupation by the beetle in Unit 14, thereby overestimating the extent of existing baseline protection due to listing of the species; (2) overestimating the extent of overlap with other listed species and their designated critical habitats in Unit 14, thereby overestimating the extent of existing baseline protection due to the presence of other listed species; (3) overstating the presence of essential habitat features for the beetle on numerous roadways, pathways, pavement, buildings, and other structures in Unit 14, and therefore overstating the presence of other baseline protections in the unit; and (4) limiting evaluation of potential perception-related impacts to privately owned lands and lack of consideration for incremental costs for private development on county-owned leased lands.

Our Response:
As discussed in our response to
(10) Comment,
above, we identified Unit 14 as occupied by the Miami tiger beetle based on the documented presence of the beetle at several locations throughout the unit and the likelihood of the species' ability to disperse within this unit. Based on our knowledge of this species, we believe that at any given time, suitable habitat in the unit can be occupied either temporarily or permanently by the species. Further, given the contiguous habitat with few barriers to dispersal, frequent adult movement among individuals is likely, and the occupied Richmond parcels likely represent a single population (Knisley 2015a, p. 10). Thus, we consider the entirety of Unit 14 to be within the geographical area occupied by the species, and we have treated the entire unit as being occupied for the designation of critical habitat, with the exception of those areas discussed in response to
(8) Comment
that would not be considered critical habitat.

We recognize, however, that the species may not be present in all areas of this unit at all times. Accordingly, the economic effects of a consultation resulting from this critical habitat designation could be considered incremental if there is a future action with a Federal nexus in an area where the species is not present and there would be no effects to the species itself from the proposed action. That said, since we have determined that these areas contain at least one of the physical or biological features essential to the Miami tiger beetle, future proposed projects are likely to affect the species itself by affecting the features it depends on. Thus, the outcome of the consultation would likely be the same as it would be if the species were to be present at the time of consultation. We would recommend protective measures be established for the Miami tiger beetle regardless of critical habitat designation in this unit because of potential impacts to the features the species depends on. Given this, we agree with the draft economic analysis that the incremental costs resulting from the designation of critical habitat would be expected to be minimal above those in place due to the presence of the listed species.

However, even if we assumed no occupancy of Miami tiger beetles for the purposes of considering the economic impacts, the commentor did not provide us with specific information about any costs that may be incurred. Further, these areas, as the last remaining pine rocklands directly adjacent and within dispersal proximity to the occurrence of one of only two populations of the beetle, are vitally essential to the conservation of this species and are likely to be critical habitat regardless of potential economic impacts.

It is also well-documented that numerous other federally listed species occupy habitat in Unit 14 (Richmond Pine Rocklands). Some of these species are narrowly restricted in their mobility and in their specific habitat needs, while other are more mobile and can utilize pine rockland habitat of various quality. Further, critical habitat has been designated for a number of these species, as the commenter notes. Although these existing critical habitat designations have defined boundaries, many of the other listed species currently without critical habitat designations can occupy habitat throughout the unit at any given time. Thus, the presence of other listed species and critical habitat designations for other species are likely to result in protective measures in this unit even absent designated critical habitat for the Miami tiger beetle.

The commenter further asserted that developed areas within the unit (
e.g.,
roadways, pathways, pavement, buildings, and other structures) do not contain pine rockland habitat and are not subject to baseline protections, such as Miami-Dade County's Natural Forest Communities designation. These areas are addressed above in our response to
(8) Comment.

Lastly, the commenter asserts that our draft economic analysis did not take into consideration the incremental costs to a developer for private development on county-owned leased lands. The regulatory mechanism through which critical habitat protections are realized is section 7 of the Act, which requires Federal agencies, in consultation with the Service, to ensure that any action authorized, funded, or carried out by the Federal agency is not likely to destroy or adversely modify critical habitat. A private development project on county-owned leased lands would only have a regulatory, and therefore incremental, effect if there is a Federal nexus (
e.g.,
Federal funding, Federal permit, Federal land transfer, etc.) for the project, or if the designation of critical habitat triggers regulatory compliance under State or local laws, or if there are perception effects associated with regulatory uncertainty. As the commenter notes, the draft economic analysis specifically discusses

perception-related impacts as related to privately owned lands. We revised the draft economic analysis to acknowledge that perception-related effects are also possible on county-owned lands leased to private developers. However, any such costs are speculative, and the economic analysis was unable to quantify them. The commenter also did not provide any cost-specific information on the perceptions or incremental impacts to private development of county-owned lands. Regardless, because of the presence of the Miami tiger beetle and other listed species and existing designated critical habitats in the vicinity of these lands, incremental impacts, including perception-related impacts, on these leased lands appears unlikely.

(12) Comment:
As a consequence of the issues raised in
(10) Comment
and
(11) Comment,
above, one commenter stated that the benefits of excluding specific “non-habitat” areas from Unit 14 outweigh the potential conservation benefits to the Miami tiger beetle. The commenter requested that we exclude those specific “non-habitat” areas from the final designation of critical habitat for the Miami tiger beetle.

Our Response:
In our responses to
(10) Comment
and
(11) Comment,
above, as well as other comments, we discuss the occupancy by the Miami tiger beetle within Unit 14 (Richmond Pine Rocklands) and the suitability of habitat within that unit. We acknowledge that the unit contains a mosaic of good quality habitat and lesser quality habitat, and that certain “non-habitat” areas of human-made structures (such as buildings, aqueducts, runways, roads, other paved areas, and managed lawns) or the land on which they are located appear to be included in this critical habitat designation due to the scale of mapping. However, as we explain in our response to
(8) Comment,
those areas are not included in critical habitat through the text of this rule (see Regulation Promulgation, below).

We also recognize that excluding the other specific areas identified by the commenter may relieve some potential perceived regulatory and cost (financial, time, resource) burdens. However, additional information on why these specific areas should be excluded under section 4(b)(2) of the Act has not been provided to us and therefore we were unable to conduct an analysis to balance or weigh the benefits of excluding the area against the benefits of including that area in the designation. These areas provide dispersal corridors for the Richmond population of the Miami tiger beetle, provide potential habitat for population expansion, and support prey populations. The Secretary may exclude an area from critical habitat based on economic impacts, impacts on national security, or any other relevant impacts. Exclusion decisions are governed by the regulations at 50 CFR 424.19 and the Policy Regarding Implementation of Section 4(b)(2) of the Endangered Species Act (2016 Policy; 81 FR 7226, February 11, 2016), both of which we published jointly with the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration. Following this guidance, as noted in our response to
(11) Comment,
incremental economic impacts appear to be unlikely. Furthermore, critical habitat does not appear to impact national security in these areas. Finally, we have no evidence that the specific areas requested by the commenter to be excluded from this designation are under an existing conservation agreement, habitat conservation plan, safe harbor agreement, or other instrument, or that there is a proven track record of conservation by the requester that indicates the lands would continue to provide an important contribution to the conservation and recovery of the Miami tiger beetle. As such, we are not excluding these lands from this critical habitat designation.

Background

Section 4(a)(3) of the Act requires that, to the maximum extent prudent and determinable, we designate a species' critical habitat concurrently with listing the species. 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).

Our September 7, 2021, proposed rule to designate critical habitat for the Miami tiger beetle (86 FR 49945) published when the regulations defining “habitat” (see 85 FR 81411; December 16, 2020) and governing the 4(b)(2) exclusion process for the Service (see 85 FR 82376; December 18, 2020) were in place and in effect. However, those two regulations have since been rescinded (see 87 FR 37757, June 24, 2022; 87 FR 43433, July 21, 2022) and no longer apply to any designations of critical habitat. Therefore, for this final rule designating critical habitat for the Miami tiger beetle, we apply the regulations at 50 CFR 424.19 and the 2016 Policy (81 FR 7226; February 11, 2016).

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 likely 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 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). 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.

Section 4 of the Act requires that we designate critical habitat on the basis of 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 developed during 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.

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) the prohibitions found in section 9 of the Act. 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 this 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 these planning efforts calls for a different outcome.

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 which 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 absence of 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.

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
Habitat
discussion in the proposed listing rule (80 FR 79533, December 22, 2015, pp. 79537-79538). Additional discussion may be found in the final listing rule (81 FR 68985; October 5, 2016). 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 2015b, 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 acres (ac) (74,000 hectares (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 that are 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
(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 to 5.0 ac (1.0 to 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 its 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 ac (1.0 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 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) of) 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 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 of 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
—Miami tiger beetles require open areas of pine rockland habitat with ample sunlight for behavioral thermoregulation so that 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 (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 or 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 2015a, 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 2015a, 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 to 5.0 ac (1.0 to 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 habitat 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, within this ecosystem. Fires have historically burned in intervals of approximately 3 to 7 years (FNAI 2010, p. 3) and were 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, mechanical control or thinning 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 the 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 the 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; climate change and sea level rise; and pesticide exposure. These threats are exacerbated by having only two small populations in a restricted geographic range, making this species particularly susceptible to extinction. For a detailed discussion of threats, see Summary of Factors Affecting the Species in our proposed listing rule (80 FR 79533, December 22, 2015, pp. 79540-79551). Additional information may be found in the final listing rule (81 FR 68985; October 5, 2016).

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 land 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; an 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 ac (1.0 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 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

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 designating critical habitat in areas within the geographical area occupied by the species at the time of listing and that contain one or more of the physical or biological features that are essential to support life-history processes of the species. We have determined that occupied areas are inadequate to ensure the conservation of the species. Therefore, we are designating additional areas as unoccupied critical habitat. 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 and contain remnant south Florida pine rockland habitat. We have determined that it is reasonably certain that the unoccupied areas will both contribute to the conservation of the species and contain at least one physical or biological feature essential to the conservation of the species. Accordingly, we find these areas to be essential for the conservation of the species, as further discussed below.

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 for critical habitat, we used the conservation principles of the “three Rs”—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).

To ensure sufficient representation for the Miami tiger beetle, we described the physical or biological features (as discussed above) and identified areas of habitat that may provide for reintroduction and expansion of the Miami tiger beetle. 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 because 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 potential for supporting introduced Miami tiger beetle populations, as evidenced by 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 designated as critical habitat for the Miami tiger beetle. However, because the species' redundancy and representation are currently low, we also used habitat and historical occurrence data to identify unoccupied habitat areas that 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 2015a, 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 Agency, National Park Service, U.S. Department of Agriculture 2019); and

(4) GIS data depicting soils and to determine the presence of the physical or biological features essential to the conservation of the Miami tiger beetle (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 designated as critical habitat 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 essential physical or biological features, we have determined these areas are within the geographical area occupied by the species consistent with 50 CFR 424.02. Additionally, these areas are essential for the conservation of the species because they protect 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.

Areas Outside of the Geographical Range at the Time of Listing

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 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 the species' 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 to 5.0 ac (1.0 to 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.

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 critical habitat, we are also including 14 unoccupied critical habitat units that we have determined to be essential for 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 22 percent of critical habitat. These areas are habitat for the species and can support its life history needs. 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 (including presence of one or more of the essential physical or biological features), spatial arrangement relative to the two extant populations and each other, and potential for reintroduction, evidenced by 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 final rule. As a result, we concluded that these 14 sites are essential for the conservation of the species. Thus, we are including 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 to 5.0 ac (1.0 to 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 range 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 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 habitat 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.

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) We evaluated habitat suitability of pine rockland habitat within the geographical area occupied at the time of listing, and selected those areas that contain one or more of the physical or biological features to support life-history functions essential for conservation of the species; and

(2) We 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 945 ac (383 ha) or 71 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) We identified areas with pine rockland habitat that contain habitat components used by the beetle and are of sufficient size to support introduced populations of the Miami tiger beetle; and

(2) We identified 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 22 percent of critical habitat and overlap with approximately 388 ac (158 ha) of existing critical habitat for other listed species. 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 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 rule have been excluded by text in the rule and are not designated as critical habitat. Therefore, a Federal action involving these lands will not trigger section 7 consultation with respect to critical habitat and the requirement of no adverse modification unless the specific action will affect the physical or biological features in the adjacent critical habitat.

We are designating as critical habitat areas that we have determined were occupied at the time of listing (and are currently occupied) and that contain one or more of the physical or biological features that are essential to support life-history processes of the species. We have determined that occupied areas are inadequate to ensure the conservation of the species. Therefore, we also identified and designated as critical habitat unoccupied areas that are essential for the conservation of the species.

The critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document under Regulation Promulgation. We include more detailed information on the boundaries of the critical habitat designation in the preamble of this document. We will make the coordinates or plot points or both on which each map is based available to the public on
https://www.regulations.gov
at Docket No. FWS-R4-ES-2021-0053 and on our internet site at
https://www.fws.gov/office/florida-ecological-services/library.

Final Critical Habitat Designation

We are designating 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. The 16 areas we designate as critical habitat are: (1) Trinity Pineland, (2) Rockdale Pineland, (3) Deering Estate South Addition, (4) Ned Glenn Nature Preserve, (5) Deering Estate at Cutler, (6) Silver Palm Groves Pineland, (7) Quail Roost Pineland, (8) Eachus Pineland, (9) Bill Sadowski Park, (10) Tamiami Pineland Complex Addition, (11) Pine Shore Pineland Preserve, (12) Nixon Smiley Pineland Preserve, (13) Boystown Pineland Preserve, (14) Richmond Pine Rocklands, (15) Calderon Pineland, and (16) Porter Pineland Preserve. Table 1 shows the critical habitat units, the occupancy by the Miami tiger beetle at the time it was listed under the Act, the approximate area of each unit, and the extent of overlap with designated critical habitat for other federally listed species.

Table 1—Critical Habitat Units for the Miami Tiger Beetle, Including Occupancy and Extent of Overlapping Critical Habitat for Other Federally Listed Species

Unit No.
Unit name
Occupancy at time of listing

Total area
(ac (ha))

Area of overlap
with existing
critical habitat
(ac (ha))

1
Trinity Pineland
No
10 (4)
10 (4)

2
Rockdale Pineland
No
39 (16)
38 (15)

3
Deering Estate South Addition
No
16 (6)
15 (6)

4
Ned Glenn Nature Preserve
No
11 (5)
11 (5)

5
Deering Estate at Cutler
No
89 (36)
84 (34)

6
Silver Palm Groves Pineland
No
25 (10)
22 (9)

7
Quail Roost Pineland
No
48 (19)
47 (19)

8
Eachus Pineland
No
17 (7)
17 (7)

9
Bill Sadowski Park
No
20 (8)
19 (8)

10
Tamiami Pineland Complex Addition
No
21 (8)
19 (8)

11
Pine Shore Pineland Preserve
No
8 (3)
8 (3)

12
Nixon Smiley Pineland Preserve
Yes
117 (47)
115 (47)

13
Boystown Pineland Preserve
No
81 (33)
77 (31)

14
Richmond Pine Rocklands
Yes
1,347 (545)
830 (336)

15
Calderon Pineland
No
14 (6)
14 (6)

16
Porter Pineland Preserve
No
7 (3)
7 (3)

Total

1,869 (756)
1,335 (540)

Note:
Area sizes may not sum due to rounding.

Approximately 71 percent (1,335 ac (540 ha)) of the critical habitat designated for the Miami tiger beetle overlaps with currently designated Federal critical habitat for the Carter's small-flowered flax (
Linum carteri
var.
carteri
), the Florida brickell-bush (
Brickellia mosieri
), Bartram's scrub-hairstreak butterfly (
Strymon acis bartrami
), and the Florida leafwing butterfly (
Anaea troglodyta floridalis
). Further, approximately 4 percent (16 ac (7 ha)) of unoccupied critical habitat designated is unique to the Miami tiger beetle,
i.e.,
does not overlap with existing designated Federal critical habitat. Please refer to table 1, above, for the area of overlap with other federally designated critical habitat and to specific unit descriptions below for which currently designated Federal critical habitat overlaps with each critical habitat unit for the Miami tiger beetle.

Tables 2 and 3, below, show the approximate land ownership for each critical habitat unit and the proportion of critical habitat for each landownership category, respectively. All but 1 ac (0.6 ha) of the area designated is either publicly owned or privately owned for conservation.

Table 2—Critical Habitat Units for the Miami Tiger Beetle by Land Ownership

Critical habitat unit

Area
(ac (ha))

Land ownership
Federal
State
County
Private

1—Trinity Pineland
10 (4)

10 (4)

2—Rockdale Pineland
39 (16)

38 (15)
1 (<1)

3—Deering Estate South Addition
16 (6)

16 (6)

4—Ned Glenn Nature Preserve
11 (5)

11 (5)

5—Deering Estate at Cutler
89 (36)

89 (36)

6—Silver Palm Groves Pineland
25 (10)

20 (8)
5 (2)

7—Quail Roost Pineland
48 (19)

48 (19)

8—Eachus Pineland
17 (7)

17 (7)

9—Bill Sadowski Park
20 (8)

20 (8)

10—Tamiami Pineland Complex Addition
21 (8)

21 (8)

11—Pine Shore Pineland Preserve
8 (3)

8 (3)

12—Nixon Smiley Pineland Preserve
117 (47)

117 (47)

13—Boystown Pineland Preserve
81 (33)

76 (31)
5 (2)

14—Richmond Pine Rocklands
1,347 (545)
488 (197)

841 (340)
18 (7)

15—Calderon Pineland
14 (6)

14 (6)

16—Porter Pineland Preserve
7 (3)

7 (3)

Total
1,869 (756)
488 (197)
229 (93)
1,127 (456)
26 (10)

Note:
Area sizes may not sum due to rounding.

Table 3—Proportionment of Land Ownership of Critical Habitat for the Miami Tiger Beetle

Land ownership

Area
(ac (ha))

Percent
ownership

Federal
488 (197)
26

State
229 (93)
12

County
1,127 (456)
60

Private
26 (10)
1

Total
1,869 (756)

Note:
Area sizes may not sum due to rounding.

In addition, over half of the designated critical habitat for the Miami tiger beetle (1,121 ac (454 ha), or 60 percent) is under a Miami-Dade County Natural Forest Communities (NFC) designation. Miami-Dade County's NFC designation enacts regulations on habitat alterations to minimize damage to and protect environmentally sensitive forest lands, including pine rocklands. NFC regulations are designed to prevent clearing or destruction of native vegetation within preserved areas. Please see the unit descriptions below for the specific amount of each unit that is enrolled in the NFC program.

We present brief descriptions of all units, and reasons why they meet the definition of critical habitat for the Miami tiger beetle, below.

Unit 1: Trinity Pineland

Unit 1 consists of approximately 10 ac (4 ha) of State-owned land in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain a healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned or managed by Miami-Dade County, including this unit. These actions help improve habitat that could support the Miami tiger beetle.

The entirety of Unit 1 overlaps with designated critical habitat for Carter's small-flowered flax and Florida brickell-bush. Additionally, approximately 8 ac (3 ha), or 80 percent, of Unit 1 is enrolled in the NFC program.

Unit 2: Rockdale Pineland

Unit 2 consists of approximately 39 ac (16 ha) of lands owned by the State (38 ac (15 ha)) and county (1 ac (<1 ha)) in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned by Miami-Dade County. The actions help improve habitat that could support the Miami tiger beetle.

All but 1 ac (<1 ha) of Unit 2 overlaps with designated critical habitat for Carter's small-flowered flax and Florida brickell-bush. Additionally, approximately 28 ac (11 ha), or 72 percent, of Unit 2 are enrolled in the NFC program.

Unit 3: Deering Estate South Addition

Unit 3 consists of approximately 16 ac (6 ha) of State-owned land in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned or managed by Miami-Dade County, including this unit. The actions help improve habitat that could support the Miami tiger beetle.

All but 1 ac (<1 ha) of Unit 3 overlaps with designated critical habitat for Carter's small-flowered flax and Florida brickell-bush. Additionally, approximately 15 ac (6 ha), or 94 percent, of Unit 3 is enrolled in the NFC program.

Unit 4: Ned Glenn Nature Preserve

Unit 4 consists of approximately 11 ac (5 ha) of county-owned land in Miami-

Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned by Miami-Dade County. The actions help improve habitat that could support the Miami tiger beetle.

The entirety of Unit 4 overlaps with designated critical habitat for Carter's small-flowered flax and Florida brickell-bush. Additionally, approximately 11 ac (5 ha), or 100 percent, of Unit 4 is enrolled in the NFC program.

Unit 5: Deering Estate at Cutler

Unit 5 consists of approximately 89 ac (36 ha) of county-owned land in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned by Miami-Dade County. The actions help improve habitat that could support the Miami tiger beetle.

All but 5 ac (2 ha) of Unit 5 overlaps with designated critical habitat for Carter's small-flowered flax and Florida brickell-bush. Additionally, approximately 84 ac (34 ha), or 94 percent, of Unit 5 is enrolled in the NFC program.

Unit 6: Silver Palm Groves Pineland

Unit 6 consists of approximately 25 ac (10 ha) of lands owned by the State (20 ac (8 ha)) and county (5 ac (2 ha)) in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned by Miami-Dade County. The actions help improve habitat that could support the Miami tiger beetle.

All but 3 ac (1 ha) of Unit 6 overlaps with designated critical habitat for Bartram's scrub-hairstreak butterfly, Carter's small-flowered flax, and Florida brickell-bush. Additionally, approximately 18 ac (7 ha), or 72 percent, of Unit 6 is enrolled in the NFC program.

Unit 7: Quail Roost Pineland

Unit 7 consists of approximately 48 ac (19 ha) of State-owned land in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned or

managed by Miami-Dade County, including this unit. The actions help improve habitat that could support the Miami tiger beetle.

All but 1 ac (<1 ha) of Unit 7 overlaps with designated critical habitat for Bartram's scrub-hairstreak butterfly, Carter's small-flowered flax, and Florida brickell-bush. Additionally, approximately 32 ac (13 ha), or 67 percent, of Unit 7 is enrolled in the NFC program.

Unit 8: Eachus Pineland

Unit 8 consists of approximately 17 ac (7 ha) of county-owned lands in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned by Miami-Dade County. The actions help improve habitat that could support the Miami tiger beetle.

The entirety of Unit 8 overlaps with designated critical habitat for Carter's small-flowered flax and Florida brickell-bush. Additionally, approximately 14 ac (6 ha), or 82 percent, of Unit 8 is enrolled in the NFC program.

Unit 9: Bill Sadowski Park

Unit 9 consists of approximately 20 ac (8 ha) of county-owned lands in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.

The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned by Miami-Dade County. The actions help improve habitat that could support the Miami tiger beetle.

All but 1 ac (<1 ha) of Unit 9 overlaps with designated critical habitat for Carter's small-flowered flax and Florida brickell-bush. Additionally, approximately 19 ac (8 ha), or 95 percent, of Unit 9 is enrolled in the NFC program.

Unit 10: Tamiami Pineland Complex Addition

Unit 10 consists of approximately 21 ac (8 ha) of State-owned lands in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle (
i.e.,
pine rockland habitat within the Northern Biscayne Pinelands of the Miami Rock Ridge), although we are not aware of any records of historical occupancy of the unit. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.

This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features (all of the physical or biological features), is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will con

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-10077. Public record. Not legal advice.