Endangered and Threatened Wildlife and Plants; Removal of Chrysopsis floridana (Florida Golden Aster) From the Federal List of Endangered and Threatened Plants, 33177-33191 [2021-12741]
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2019–0071;
FF09E22000 FXES11130900000 201]
RIN 1018–BE00
Endangered and Threatened Wildlife
and Plants; Removal of Chrysopsis
floridana (Florida Golden Aster) From
the Federal List of Endangered and
Threatened Plants
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
remove the Florida golden aster
(Chrysopsis floridana), a short-lived
perennial, from the Federal List of
Endangered and Threatened Plants
(List) due to recovery (delist). This
determination is based on our
evaluation of the best available
scientific and commercial information,
which indicates that the threats to the
species have been eliminated or reduced
to the point that the species has
recovered and no longer meets the
definition of a threatened or endangered
species under the Endangered Species
Act of 1973, as amended (Act). If this
proposal is finalized, the Florida golden
aster will be removed from the List.
DATES: We will accept comments
received or postmarked on or before
August 23, 2021. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date. We
must receive requests for public
hearings, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by August 9, 2021.
ADDRESSES: You may submit comments
on this proposed rule by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2019–0071, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, check the
Proposed Rules box to locate this
document. You may submit a comment
by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R4–ES–2019–0071, U.S. Fish and
Wildlife Service, MS: JAO (PRB/3W),
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SUMMARY:
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5275 Leesburg Pike, Falls Church, VA
22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
Document availability: The proposed
rule and supporting documents
(including the Species Status
Assessment (SSA), post delisting
monitoring plan, list of references cited,
and 5-year review) are available at
https://www.regulations.gov under
Docket No. FWS–R4–ES–2019–0071.
We will notify the public on our
website, https://www.fws.gov/
northflorida/, when these documents
are available.
FOR FURTHER INFORMATION CONTACT: Jay
Herrington, Field Supervisor, U.S. Fish
and Wildlife Service, North Florida
Ecological Services Field Office, 7915
Baymeadows Way, Jacksonville, FL
32256; telephone 722–469–4251.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other concerned
governmental agencies, Native
American Tribes, the scientific
community, industry, or any other
interested parties concerning this
proposed rule.
We particularly seek comments on:
(1) Information concerning the
biology and ecology of the Florida
golden aster;
(2) Relevant data concerning any
threats (or lack thereof) to the Florida
golden aster, particularly any data on
the possible effects of climate change as
it relates to habitat, the extent of State
protection, and management that would
be provided to this plant as a delisted
species;
(3) Current or planned activities
within the geographic range of the
Florida golden aster that may negatively
impact or benefit the species; and
(4) Any new information about this
species and threats from invasive plants.
Please include sufficient information
with your submission (such as scientific
journal articles or other publications) to
allow us to verify any scientific or
commercial information you include.
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33177
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is an endangered or a threatened
species must be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov.
Public Hearing
Section 4(b)(5) of the Act provides for
a public hearing on this proposal, if
requested. Requests must be received by
the date specified in DATES. Such
requests must be sent to the address
shown in FOR FURTHER INFORMATION
CONTACT. We will schedule a public
hearing on this proposal, if requested,
and announce the date, time, and place
of the hearing, as well as how to obtain
reasonable accommodations, in the
Federal Register and local newspapers
at least 15 days before the hearing. For
the immediate future, we will provide
these public hearings using webinars
that will be announced on the Service’s
website, in addition to the Federal
Register. The use of these virtual public
hearings is consistent with our
regulation at 50 CFR 424.16(c)(3).
Supporting Documents
A species status assessment (SSA)
team prepared an SSA report for the
Florida golden aster. The SSA team was
composed of Service biologists, in
consultation with other species experts.
The SSA report represents a
compilation of the best scientific and
commercial data available concerning
the status of the species, including the
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impacts of past, present, and future
factors (both negative and beneficial)
affecting the species.
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994), our August 22, 2016, Director’s
Memo on the Peer Review Process, and
the Office of Management and Budget’s
December 16, 2004, Final Information
Quality Bulletin for Peer Review
(revised June 2012), we solicited
independent scientific reviews of the
information contained in the Florida
golden aster SSA report. We sent the
SSA report to six independent peer
reviewers and received two responses.
Results of this structured peer review
process can be found at https://
www.fws.gov/northflorida/. The SSA
report was also submitted to our
Federal, State, and Tribal partners for
scientific review. We received review
from two partners (Sheryl Bowman,
Environmental Lands Management
Coordinator, Hillsborough County, Lake
Frances Field Office and Jennifer
Possley, Conservation Team Leader/
Field Biologist, Fairchild Tropical
Botanic Garden). In preparing this
proposed rule, we incorporated the
results of these reviews, as appropriate,
into the final SSA report.
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Previous Federal Actions
The Florida golden aster was listed as
endangered on May 16, 1986 (51 FR
17974), under the Act. On August 29,
1988, we released a recovery plan for
the Florida golden aster. The recovery
plan suggested that we consider the
species for reclassification to threatened
status when 10 geographically distinct
self-sustaining populations of the plant
are protected in Hardee, Hillsborough,
Manatee, and Pinellas Counties, Florida.
The latest 5-year review, completed
March 20, 2017, indicated that the
species’ status was improving, assigned
a Recovery Priority Number of 8
(indicating moderate degree of threat
and high recovery potential), and
recommended downlisting to
threatened. The Service initiated the
Florida golden aster SSA (see above) to
aid in determining the appropriateness
of reclassifying the species.
Background
A thorough review of the taxonomy,
life history, ecology, and overall
viability of the Florida golden aster is
presented in the SSA report (USFWS
2018, available at https://www.fws.gov/
southeast/). A summary of that
information is presented here.
Florida golden aster is endemic to
xeric (very dry) uplands east and
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southeast of the Tampa Bay area of
central Florida. The historical range of
the Florida golden aster is thought to
span parts of Hillsborough, Manatee,
Pinellas, Highlands, and Hardee
Counties, but the true extent of the
historical range is uncertain because the
ecosystems on which it occurs were
rapidly converted to residential,
commercial, and agricultural uses after
settlement of the region. Agriculture
began in 1880 with grazing and
production of citrus and row crops.
Residential and commercial activity
began around 1840, mainly in the
Tampa Bay area and beach communities
through the 1940s and 1950s, but
suburban and rural areas started
expanding in the 1960s and 1970s and
development has continued at a
consistent rate. The species was first
collected and described from a
specimen in Manatee County in early
1901, with subsequent collections in
Pinellas and Hillsborough Counties in
the 1920s. The earliest known Manatee
County and Pinellas County populations
occurred in coastal areas of Bradenton
Beach and St. Petersburg Beach.
However, these populations have since
been extirpated. The last remaining
natural population known to occur in
Pinellas County was discovered in 1983;
however, a housing development
eliminated all available habitat by 1985.
When the species was listed as
endangered in 1986, nine known extant
populations of the species occurred in
five locations, all coastal, in
southeastern Hillsborough County
(Wunderlin et al. 1981, entire). Since
listing of the species, increased survey
efforts have resulted in the discovery of
additional populations, including
occurrences further inland. Many of the
newly discovered locations have since
been acquired as protected sites with
active conservation management
activities implemented to improve
habitat conditions. As discussed below,
introductions have occurred on
conservation lands in Hardee,
Hillsborough, Manatee, and Pinellas
Counties. It is not known whether these
introduction sites were historically
occupied by the Florida golden aster, or
if so, how long ago they supported
natural populations.
Based on the most current surveys
across the species’ range (2006–2018),
30 known extant populations, natural
and introduced, occur in 5 counties
(Hardee—4, Highlands—1,
Hillsborough—16, Manatee—5, and
Pinellas—4). Populations were
delineated using a 2-kilometers (km)
separation distance between
occurrences (see Current Condition,
below, for more information). Of these,
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25 populations occur entirely or mostly
on 22 protected sites, meaning a site
that has been acquired in fee simple and
placed into long-term conservation, or a
conservation easement or other binding
land agreement by the site owner that
shows a commitment to its conservation
in perpetuity. In addition, all sites have
a management agreement or plan both
developed and implemented. None of
the lands occupied by the Florida
golden aster are federally owned or
managed. The remaining five extant
populations occur on private lands or
along roadways or railroad lines.
The most recent surveys showed that
just over half of the Florida golden aster
individuals occurred in nine introduced
populations at eight sites. The earliest
introductions took place in 1986; of
those 10 introduced populations, 3 are
still extant in Hardee and Manatee
Counties, while 7 others in Pinellas and
Hillsborough Counties failed.
Introductions were again initiated
during 2008–2013, when Bok Tower
Gardens introduced 6 additional
populations in Hardee, Manatee, and
Pinellas Counties, containing 24,825
plants (as of the most recent censuses,
with about 12,000 in one population).
All 6 populations had reached sizes
>1,000 plants except for the populations
at Duette Preserve (2 populations, North
and South). However, given that the
Duette populations were the most
recently introduced populations (2013),
have been growing rapidly, and are
surrounded by ample habitat and little
to no development, they should also
reach sizes comparable to the other
introduced populations.
According to the most recent surveys,
approximately 50,000 individuals exist
with over 90 percent occurring in the
populations located on protected lands.
Although this estimate is the best
available information, it gives only an
approximation of the true current
abundance of the Florida golden aster
because surveys are not conducted
every year and are conducted differently
by various biologists for different
purposes. Moreover, population sizes
fluctuate annually. Twelve of the 30
populations had more than 1,000
individual plants present when last
observed. We note that a 56-km gap
occurs between the easternmost
naturally occurring population in
Manatee County and the nearest
naturally occurring population in
Hardee County, and it is not presently
known whether this gap is due to the
lack of suitable habitat, lack of
observation, a long-distance dispersal
event, or fragmentation of a formerly
continuous distribution.
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Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations (50
CFR part 424) set forth the procedures
for determining whether a species is an
‘‘endangered species’’ or a ‘‘threatened
species.’’ The Act defines an
endangered species as a species that is
‘‘in danger of extinction throughout all
or a significant portion of its range,’’ and
a threatened species as a species that is
‘‘likely to become an endangered
species within the foreseeable future
throughout all or a significant portion of
its range.’’ The Act requires that we
determine whether any species is an
‘‘endangered species’’ or a ‘‘threatened
species’’ because of any of the following
factors:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
(D) The inadequacy of existing
regulatory mechanisms; or
(E) Other natural or manmade factors
affecting its continued existence.
These factors represent broad
categories of natural or human-caused
actions or conditions that could have an
effect on a species’ continued existence.
In evaluating these actions and
conditions, we look for those that may
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have a negative effect on individuals of
the species, as well as other actions or
conditions that may ameliorate any
negative effects or may have positive
effects. We consider these same five
factors in reclassifying a species from
endangered to threatened, and in
delisting a species (50 CFR 424.11(c)–
(e)).
We use the term ‘‘threat’’ to refer in
general to actions or conditions that are
known to or are reasonably likely to
negatively affect individuals of a
species. The term ‘‘threat’’ includes
actions or conditions that have a direct
impact on individuals (direct impacts),
as well as those that affect individuals
through alteration of their habitat or
required resources (stressors). The term
‘‘threat’’ may encompass—either
together or separately—the source of the
action or condition or the action or
condition itself.
However, the mere identification of
any threat(s) does not necessarily mean
that the species meets the statutory
definition of an ‘‘endangered species’’ or
a ‘‘threatened species.’’ In determining
whether a species meets either
definition, we must evaluate all
identified threats by considering the
species’ expected response and the
effects of the threats—in light of those
actions and conditions that will
ameliorate the threats—on an
individual, population, and species
level. We evaluate each threat and its
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expected effects on the species, then
analyze the cumulative effect of all of
the threats on the species as a whole.
We also consider the cumulative effect
of the threats in light of those actions
and conditions that will have positive
effects on the species—such as any
existing regulatory mechanisms or
conservation efforts. The Secretary of
the Interior determines whether the
species meets the definition of an
‘‘endangered species’’ or a ‘‘threatened
species’’ only after the Service conducts
this cumulative analysis and describes
the expected effect on the species now
and in the foreseeable future.
The Act does not define the term
‘‘foreseeable future,’’ which appears in
the statutory definition of ‘‘threatened
species.’’ Our implementing regulations
at 50 CFR 424.11(d) set forth a
framework for evaluating the foreseeable
future on a case-by-case basis. The term
foreseeable future extends only so far
into the future as we can reasonably
determine that both the future threats
and the species’ responses to those
threats are likely. In other words, the
foreseeable future is the period of time
in which we can make reliable
predictions. ‘‘Reliable’’ does not mean
‘‘certain’’; it means sufficient to provide
a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable
if it is reasonable to depend on it when
making decisions.
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EP24JN21.002
Figure 1. The five Florida counties where the Florida golden aster occurs as of 2017 are
highlighted in gray, with Hillsborough County shaded darker gray. At the time oflisting in 1986,
populations of the Florida golden aster were known to occur only in Hillsborough County.
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It is not always possible or necessary
to define foreseeable future as a
particular number of years. Analysis of
the foreseeable future uses the best
scientific and commercial data available
and should consider the timeframes
applicable to the relevant threats and to
the species’ likely responses to those
threats in view of its life-history
characteristics. Data that are typically
relevant to assessing the species’
biological response include speciesspecific factors such as lifespan,
reproductive rates or productivity,
certain behaviors, and other
demographic factors.
Analytical Framework
The SSA report documents the results
of our comprehensive biological review
of the best scientific and commercial
data regarding the status of the species,
including an assessment of the potential
threats to the species. The SSA report
does not represent our decision on
whether the species should be
reclassified or delisted under the Act. It
does, however, provide the scientific
basis that informs our regulatory
decisions, which involve the further
application of standards within the Act
and its implementing regulations and
policies.
To assess Florida golden aster
viability, we used the three conservation
biology principles of resiliency,
redundancy, and representation (Shaffer
and Stein 2000, pp. 306–310). Briefly,
resiliency supports the ability of the
species to withstand environmental and
demographic stochasticity (for example,
wet or dry, warm or cold years);
redundancy supports the ability of the
species to withstand catastrophic events
(for example, droughts, large pollution
events), and representation supports the
ability of the species to adapt over time
to long-term changes in the environment
(for example, climate changes). In
general, the more resilient and
redundant a species is and the more
representation it has, the more likely it
is to sustain populations over time, even
under changing environmental
conditions. Using these principles, we
identified the species’ ecological
requirements for survival and
reproduction at the individual,
population, and species levels, and
described the beneficial and risk factors
influencing the species’ viability.
The SSA process can be categorized
into three sequential stages. During the
first stage, we evaluate an individual
species’ life-history needs. During the
next stage, we assess the historical and
current condition of the species’
demographics and habitat
characteristics, including an
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explanation of how the species arrived
at its current condition. In the final
stage, we make predictions about the
species’ responses to positive and
negative environmental and
anthropogenic influences. Throughout
all of these stages, we use the best
available information to characterize
viability as the ability of a species to
sustain populations in the wild over
time. We use this information to inform
our regulatory decision.
Summary of Biological Status and
Threats
The Act directs us to determine
whether any species is an endangered or
a threatened species because of any
factors affecting its continued existence.
The following is a summary of the key
results and conclusions from the SSA
report; the full SSA report can be found
on the Southeast Region website at
https://www.fws.gov/southeast/ and at
https://www.regulations.gov under
Docket No. FWS–R4–ES–2019–0071.
Summary of SSA Analysis
As described above, for a species to be
viable there must be adequate
redundancy (suitable number,
distribution, and connectivity to allow
the species to withstand catastrophic
events), representation (genetic and
environmental diversity to allow the
species to adapt to changing
environmental conditions), and
resiliency (ability of a species to
withstand unpredictable disturbance).
Resiliency for Florida golden aster
improves with maintained open habitat.
Lambert and Menges (1996) recommend
prescribed burning that mimics the
historic burn pattern (frequent lowintensity fires in sandhill, less frequent
burns in scrub, with fires primarily in
late spring and summer) and periodic
mechanical disturbance of the ground
cover during late winter or early spring
when seeds are dispersed. In the
absence of fire, habitat openness can be
maintained with mowing, hand removal
of trees and shrubs near plants, or other
mechanical treatments; populations
have persisted along periodically
mowed right of ways (e.g., underneath
powerlines, along roads and railroads)
for decades without a prescribed burn
program. Populations must be suitably
large and connected to provide a
reservoir of individuals to crosspollinate with, as plants will not selffertilize, and to maintain levels of
genetic diversity high enough to prevent
harmful consequences from inbreeding
depression and genetic drift (Ellstrand
and Elam 1993). Redundancy improves
with increasing numbers of populations,
and connectivity (either natural or
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human-facilitated) allows connected
populations to ‘‘rescue’’ each other after
catastrophes. Representation improves
with increased genetic diversity and/or
environmental conditions within and
among populations.
Viability of the Florida golden aster
has been and will continue to be
impacted both negatively and positively
by anthropogenic and natural
influences. Historically, the primary
threats to the Florida golden aster were
habitat loss (resulting from human
development) and habitat degradation
due to lack of adequate habitat
management. As threats to habitat have
been alleviated via habitat protection
and management, recovery has been
further bolstered by captive propagation
followed by introduction into
unoccupied sites.
Summary of Factors Affecting the
Species
Present or Threatened Destruction,
Modification, or Curtailment of Its
Habitat or Range
The main threat to this species at the
time of listing was the destruction and
modification of habitat. Habitat
destruction, modification, and
degradation on private lands and habitat
degradation from lack of adequate
habitat management on public lands
remain the primary risk factor to the
species. The five populations occurring
on private lands remain subject to
adverse human activity including
mowing, dumping, off-road recreational
vehicles use, and land clearing.
However, these activities are no longer
threats to the 25 populations on public
conservation lands because of
controlled access and restricted use.
Lack of management, especially the
absence of periodic fire, historically led
to habitat degradation throughout the
species’ range. The Florida golden aster
occurs in open sandy patches that
historically were maintained by fire
under natural conditions. Without
naturally ignited fires or prescribed fire
applications, the habitat becomes
overgrown, resulting in unfavorable
conditions for the species’ persistence.
Ideal habitat management is generally
regarded as prescribed burning that
mimics the historical burn patterns
(frequent low-intensity fires in sandhill,
less frequent burns in scrub, with fires
primarily in late spring and summer)
and periodic mechanical disturbance of
the ground cover during late winter or
early spring when seeds are dispersed
(Lambert and Menges 1996, pp. 121–
137). Initial burning to restore the
openness of degraded habitat involves
frequent intense fires, after which
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burning can be less intense and frequent
to simply maintain the habitat. Failing
to maintain open scrub habitat can
disrupt Florida golden aster
reproduction, survival, and dispersal
(Lambert and Menges 1996, pp. 121–
137).
As with habitat destruction and
modification, this threat remains a
concern mainly on private and nonconservation lands. Populations that
occur on public conservation lands are
often being managed to maintain
optimal open scrub habitat. However,
budget constraints, manageability,
conflicting priorities, and other factors
(weather, lack of equipment, staff
shortages, etc.) may preclude proper
management activities even on
conservation lands. Additionally,
proximity to urbanized areas can limit
the number of days available for
prescribed burns, and urbanization in
the Tampa Bay area is increasing
rapidly (Xian et al. 2005, pp. 920–928).
To be optimal, burn days must have
wind speeds and wind directions that
do not unduly burden urbanized areas
with smoke. For this reason, large rural
tracts of habitat are easier to burn than
small tracts tucked into developed
areas. Increasing development could
lead to further decreases in the ability
to conduct prescribed burning in the
future, which may or may not be
replaced with adequate habitat
management by other means (e.g.,
mowing) that are more expensive than
using fire. The type of development also
factors into management ability and
flexibility, with major roads, schools,
hospitals, retirement homes (places with
vulnerable populations) weighing more
heavily on the decision of if/when to
burn than other types of development
(Camposano 2018, pers. comm.).
Since the time of listing, conservation
efforts for Florida golden aster and other
scrub habitat species have reduced the
threat of habitat destruction,
modification, and degradation. These
conservation efforts include acquiring
properties where the species naturally
occurs, introducing populations on
conservation lands, and conducting
ongoing habitat management on
conservation lands (e.g., prescribed
burning). While habitat destruction and
modification may still occur on private
lands, 83 percent of the sites are on
public conservation lands and,
therefore, for the most part, are
adequately managed and protected.
Land acquisitions and introductions
have increased the number of
established populations within the
historical range and have resulted in the
expansion of the species’ known range.
Further, if this rulemaking process
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results in the species being delisted, it
will remain listed as threatened under
State laws. The State will develop a
management plan and regulatory
guidelines to monitor the species. Based
on the best available information, we
conclude that resources for necessary
management activities on conservation
lands will continue.
Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
At the time of listing, this species was
not known to be threatened by
commercial, recreational, scientific, or
educational uses. This factor of the
listing process continues not to be a
threat to the Florida golden aster at this
time.
Disease or Predation
Grazing by domestic livestock was
initially identified as a stressor because
the populations were on private lands
and many of the properties were in
cattle production. However, at present
the 25 populations on conservation
lands are not subject to any agriculture
practices. No cattle grazing occurs on
any of these properties. As to the
populations on private lands,
acquisition of scrub habitat containing
Florida golden aster in Hardee County
would allow proper management of
these tracts, as has been initiated on
public lands in Hillsborough County.
Because Hardee County has extensive
areas of improved pasture and
unimproved pasture, we will assess the
effect of cattle grazing on Florida golden
aster habitat. Based on the information
obtained from this assessment, we will
be able to provide management
recommendations to cattle ranchers to
protect Florida golden aster on private
property (Bok Tower Gardens 2020, p.
879). Therefore, we no longer consider
grazing to be a threat.
Inadequacy of Existing Regulatory
Mechanisms
The Florida Administrative Code 5B–
40 (Preservation of Native Flora of
Florida) provides the Florida
Department of Agriculture and
Consumer Services limited authority to
protect plants on State and private lands
(primarily from the standpoint of illegal
harvest). Florida golden aster is listed as
an Endangered Plant under this statute,
which requires anyone wishing to
‘‘willfully harvest, collect, pick, remove,
injure, or destroy any plant listed as
endangered growing on the private land
of another or on any public land or
water’’ to ‘‘obtain the written
permission of the owner of the land or
water or his legal representative’’ (FAC
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5B–40.003(1)(a)). A permit is also
required to transport ‘‘for the purpose of
sale, selling, or offering for sale any
plant contained on the endangered plant
list which is harvested from such
person’s own property’’ (FAC 5B–
40.003(1)(c)). The delisting of the
Florida golden aster under the Act will
not affect this State listing.
A number of sites, consisting of
thousands of plants, are now under
county and State protection.
Specifically, Hillsborough County has
purchased considerable acreage through
the Endangered Land Acquisition and
Protection Program (ELAPP), which
contains several large populations. In
1987, Hillsborough County passed the
Environmentally Sensitive Lands
Ordinance that established the
foundation for ELAPP. This program
applies to nine populations on six sites
in Hillsborough County. In 1990, this
ordinance was amended and approved
for another 20 years by increasing
county taxes to allow additional funds
to acquire conservation lands. In
November 2008, voters approved the
issuance of up to $200 million in bonds
for additional purchases.
ELAPP has worked with the
Southwest Florida Water Management
District and Florida Forever to jointly
fund the acquisition of lands. Some of
this money is also used for ELAPP to
actively manage their properties to
benefit Florida golden aster. Therefore,
we find that the existing regulatory
mechanisms would provide sufficient
protections to the species and habitat
after delisting, especially on public
lands with ordinance protection.
Currently, 27 sites where the species
occurs are subject to Florida State law.
These State and local protections have
proven effective. For example,
prescribed burning will continue
through the ELAPP. Although we
acknowledge that this could change in
the future, we do not anticipate any
future changes to the implementation of
these programs at this time.
Other Natural or Manmade Factors
Affecting Its Continued Existence
Our analyses under the Act include
consideration of ongoing and projected
changes in climate. The terms ‘‘climate’’
and ‘‘climate change’’ are defined by the
Intergovernmental Panel on Climate
Change (IPCC). A recent compilation of
climate change and its effects is
available from reports of the IPCC (IPCC
2014, entire). The term ‘‘climate
change’’ thus refers to a change in the
mean or variability of one or more
measures of climate (e.g., temperature or
precipitation) that persists for an
extended period, typically decades or
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longer, whether the change is due to
natural variability, human activity, or
both (IPCC 2007, p. 78). Various types
of changes in climate can have direct or
indirect effects on species. These effects
may be positive, neutral, or negative and
they may change over time, depending
on the species and other relevant
considerations, such as the effects of
interactions of climate with other
variables (e.g., habitat fragmentation)
(IPCC 2007, pp. 8–14, 18–19). In our
analyses, we use our expert judgment to
weigh relevant information, including
uncertainty, in our consideration of
various aspects of climate change.
The IPCC concluded that the climate
system is warming (Pachauri et al. 2014,
entire). Effects associated with changes
in climate have been observed,
including changes in arctic
temperatures and ice, widespread
changes in precipitation amounts, ocean
salinity, and wind patterns and aspects
of extreme weather including droughts,
heavy precipitation, heat waves, and the
intensity of tropical cyclones (Pachauri
et al. 2014, entire). Species that are
dependent on specialized habitat types,
limited in distribution, or at the extreme
periphery of their range may be most
susceptible to the impacts of climate
change (Byers and Norris 2011, entire;
Anacker et al. 2013, pp. 193–210).
However, while continued change is
certain, the magnitude and rate of
change is unknown in many cases. The
magnitude and rate of change could be
affected by many factors (e.g., weather
circulation patterns).
According to the IPCC, ‘‘most plant
species cannot naturally shift their
geographical ranges sufficiently fast to
keep up with current and high projected
rates of climate change on most
landscapes’’ (IPCC 2014, p. 13). Plant
species with restricted ranges may
experience population declines as a
result of the effects of climate change.
The concept of changing climate can be
meaningfully assessed both by looking
into the future and reviewing past
changes.
Using the National Climate Change
Viewer and greenhouse gas emission
scenario Representative Concentration
Pathway (RCP) 8.5, we calculated
projected annual mean changes in the
period 1981–2010 to those projected for
2025–2049 for maximum temperature,
precipitation, soil storage, and
evaporative deficit in all counties where
Florida golden aster occurs (Adler and
Hostetler 2017, entire). We also
calculated projected annual mean
changes for a more conservative
greenhouse gas emission scenario (RCP
4.5) using the same timeframes for
maximum temperature, precipitation,
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soil storage, and evaporative deficit in
all counties where Florida golden aster
occurs (Adler and Hostetler 2017,
entire). Based on these results, all 13
counties within the range of Florida
golden aster will be subjected to higher
temperatures (annual mean increase of
2.6 degrees Fahrenheit (°F) (RCP 4.5) or
2.9 °F (RCP 8.5)) and slightly higher
precipitation (annual mean increase of
0.1 inch per month (RCP 4.5) or 0.2 inch
per month (RCP 8.5)) relative to the
period of 1981–2010.
Additionally, climate change will
likely influence Florida golden aster
into the future by affecting habitat
suitability and the ability to manage
habitat with prescribed fire. Species that
are dependent on specialized habitat
types, limited in distribution (e.g.,
Florida golden aster), or at the extreme
periphery of their range may be most
susceptible to the impacts of climate
change (Byers and Norris 2011, entire;
Anacker et al. 2013, pp. 193–210). There
is evidence that some terrestrial plant
populations have been able to adapt and
respond to changing climatic conditions
(Franks et al. 2014, pp. 123–139). Both
plastic (phenotypic change such as leaf
size or phenology) and evolutionary
(shift in allelic frequencies) responses to
changes in climate have been detected.
Given enough time, plants can alter
their ranges, resulting in range shifts,
reductions, or increases (Kelly and
Goulden 2008, pp. 11823–11826; Loarie
et al. 2008, p. 2502).
The climate in the Southeastern
United States has warmed about 2 °F
from a cool period in the 1960s and
1970s and is expected to continue to
rise (Carter et al. 2014, pp. 396–417).
Projections for future precipitation
trends in the Southeast are less certain
than those for temperature are, but
suggest that overall annual precipitation
will decrease, and that tropical storms
will occur less frequently, but with
more force (more category 4 and 5
hurricanes) than historical averages
(Carter et al. 2014, pp. 396–417). Sea
levels are expected to rise globally,
potentially exceeding 1 m of sea level
rise by 2100 (Reynolds et al. 2012,
entire). Local sea level rise impacts
depend not only on how much the
ocean level itself is increasing, but also
on land subsidence and/or changes in
offshore currents (Carter et al. 2014, pp.
396–417), and impacts on terrestrial
ecosystems can occur via submergence
of habitat during storm surges or
permanently, salt water intrusion into
the water table, and erosion. Of the
current populations of the Florida
golden aster, only one (Fort De Soto
County Park, Pinellas County) is
directly vulnerable to inundation from
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0.3 meters of sea level rise, a reasonable
estimate of sea level rise by 2050. Hotter
and drier conditions in the future could
lead to fewer days with optimal
conditions for prescribed burning,
which could lead to reduced habitat
quality if land managers are unable to
make up for the lack of burning with
adequate mechanical treatment.
It is possible that there will be
increases in the number of lightning
strikes and sizes and severities of
resulting fires, which could have a
positive or negative effect on specific
Florida golden aster populations.
Hurricanes similarly could have
positive or negative effects on the
species. Prolonged flooding could harm
populations, but the mechanical
disturbance of trees being uprooted from
flood events could improve habitat for
colonizing species like the Florida
golden aster (Menges and Johnson, pers.
comm. 2017).
Other potential climate change effects
include changes in temperature and
precipitation. Projections for future
precipitation trends in the Southeast are
less certain than those for temperature,
but suggest that overall annual
precipitation will decrease. Hotter and
drier conditions may complicate the
ability to manage Florida golden aster
with prescribed fires. Some terrestrial
plant populations have been able to
adapt and respond to changing climatic
conditions (Franks et al. 2013, entire).
Both plastic (phenotypic change such as
leaf size or phenology) and evolutionary
(shift in allelic frequencies) responses to
changes in climate have been detected.
Both can occur rapidly and often
simultaneously (Franks et al. 2013,
entire). However, relatively few studies
are available that (1) directly examine
plant responses over time, (2) clearly
demonstrate adaptation or the causal
climatic driver of these responses, or (3)
use quantitative methods to distinguish
plastic versus evolutionary responses
(Franks et al. 2013, entire).
As noted earlier, only one population
(Fort De Soto County Park, Pinellas
County) is directly vulnerable to
inundation from 0.3 meters of sea level
rise, a reasonable estimate of sea level
rise by 2050. We have no additional
information or data regarding effects of
climate change with respect to the
Florida golden aster populations into
the future; further research will be
helpful to determine how this species
responds directly to changes in
temperature and water availability.
However, from this information, we
anticipate that effects to Florida golden
aster from climate change will be
limited and will not rise to the level of
a threat.
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Other influences not discussed in
detail here, either because they are not
thought to be a major threat or there is
little information available, include
invasive plant species like cogongrass
(Imperata cylindrica), and future genetic
consequences of small and/or
translocated populations.
Synergistic Effects
Many of the stressors discussed in
this analysis could work in concert with
each other and result in a cumulative
adverse effect to Florida golden aster,
e.g., one stressor may make the species
more vulnerable to other threats.
Synergistic interactions are possible
between effects of climate change and
effects of other threats, such as mowing,
dumping, off-road recreational vehicle
use, and land clearing. However, we
currently do not have information to
determine the likely effects of climate
change on interaction/competition
between species, or on drought
conditions. Uncertainty about how
different plant species will respond
under a changing climate makes
projecting possible synergistic effects of
climate change on Florida golden aster
speculative. However, the increases
documented in the number of
populations since the species was listed
do not indicate that cumulative effects
of various activities and stressors are
affecting the viability of the species at
this time. Based on our analysis of
future stressors, we do not anticipate
that cumulative effects will affect the
viability of the species in the foreseeable
future. Likewise, climate change, as
discussed above, with hotter and drier
conditions can add additional
complexity to future prescribed burns.
Available habitat in those tracts that are
easier to burn, and that can be managed
by other methods (e.g., mechanical
manipulation) will be sufficient.
Similarly, most of the potential stressors
we identified either have not occurred
to the extent originally anticipated at
the time of listing or are adequately
managed as described in this proposal
to delist the species. In addition, we do
not anticipate significant stressors to
increase on publicly owned lands or
lands that are managed for the species.
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Current Condition
Delineating Populations
For the SSA, we delineated
populations using a 2-km separation
distance rule based on species expert
opinion, resulting in 30 populations
across 5 counties. This strategy differs
from the 1-km separation distance rule
that was used in the most recent 5-year
review, which was based on
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NatureServe’s default criteria for
defining plant populations (NatureServe
2004, entire). The team of species
experts providing input on the SSA
suspected that 1 km is likely an
underestimate of the distances that gene
flow can regularly occur via pollination.
While the exact insect pollinators of the
Florida golden aster are not known,
studies on multiple bee species (major
plant and Chrysopsis pollinators)
demonstrate foraging distances that
regularly exceed 1 km (Greenleaf et al.
2007, pp. 289–296; Hagler et al. 2011, p.
144).
Current Resiliency
Resiliency refers to the ability of
populations to withstand stochastic
events, whether demographic,
environmental, or anthropogenic.
Populations with low resiliency are
highly vulnerable to stochastic events
and face a high risk of extirpation
within the next few decades.
Populations with moderate resiliency
are less likely to be extirpated within
the next few decades, but require
additional growth (with help of regular
habitat management and/or restoration)
to become more self-sustaining and
resilient to stochastic events.
Populations with high resiliency are
unlikely to be extirpated within the next
30 years in the absence of catastrophes
or significant declines in the quality of
habitat management. Populations with
very high resiliency are the most robust
and resistant to stochastic fluctuations.
In the SSA, we assessed resiliency for
each population using three factors:
Population size, habitat protection, and
area of available habitat. Other factors
were considered that likely contribute to
population resiliency, but data were not
available to assess them over all or most
of the populations including certain
explicit measures of habitat quality, fire
management, existence of land
management plans, and population
trends. While some past survey data are
available for many populations, species
experts did not feel comfortable
comparing population counts across
time periods. In many cases, differences
in population sizes were likely not a
result of increasing populations, but
rather of differences in survey
methodology, number of surveyors, and/
or areas searched (e.g., surveyors who
were more likely to visit known patches
and not find new patches; alternately, a
bias toward larger counts over time as
old patches are revisited and additional
patches are found). Nevertheless, we are
confident that this population data
demonstrates resiliency of the species.
Regardless, this species has not been
extensively studied; therefore, there was
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some uncertainty in the SSA in
precisely how these factors influenced
the Florida golden aster population
resiliency.
Population Size
Population size is both a direct
contributor to resiliency and an indirect
indicator of resiliency. Small
populations are more susceptible to
demographic and environmental
stochastic events than larger
populations. Small populations are also
more likely to suffer from decreased
fitness as a result of low genetic
diversity from inbreeding or genetic
drift (Willi et al. 2005, pp. 2255–2265).
For Florida golden aster, large
populations are more buffered from the
effects of prescribed burning or other
disturbances, which are necessary to
maintain open habitat, but can
temporarily reduce population sizes by
killing plants. Indirectly, large
population sizes are likely indicative of
other conditions that contribute to
population resiliency. For example, in
the SSA, we did not have adequate data
to assess habitat quality and the quality
of management at all the Florida golden
aster populations; therefore, we
assumed large population sizes likely
generally reflected good habitat quality
and management (among other factors)
compared to smaller populations,
though this assumption may not hold in
all cases.
We categorized populations into 4
size classes: <100 individuals, 100–500
individuals, 501–1,000 individuals, and
>1,000 individuals. Each population
size class was associated with one of the
following baseline resiliency classes,
respectively: Low, moderate, high, and
very high (explained further below).
We chose the population size
threshold between high and very high
resiliency of 1,000 individuals because
it is the typical population size used to
rank element occurrences as having
‘‘excellent viability’’ and likely to
persist for the next 20–30 years
(NatureServe 2008, entire). This is a
generic population size limit that was
not specifically tailored to Florida
golden aster with empirical data.
Further support for using 1,000
individuals as the threshold for the
highest resiliency category came from a
study of 10-year extirpation rates for
populations of varying sizes of 8 shortlived plant species in Germany
(Matthies et al. 2004, pp. 481–488). In
this study, for 7 of 8 species, the
probability of population persistence
increased with population size, and all
populations of more than 1,000
individuals (flowering plants) persisted
for the duration of the 10-year study.
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We obtained the most recent size data
for all 30 populations, with data
collected as recently as 2018 for some
populations, and no older than 2006 for
any population. Population sizes have
undoubtedly changed since the last
surveys for those populations that have
not been surveyed as recently, as
populations fluctuate in response to
management actions, time since
management, environmental events,
stochastic demographic processes, etc.
Thus, the reported numbers reflect best
available estimates for population sizes,
rather than precise counts meant to
represent actual current population
sizes. According to the SSA, population
sizes included all plants counted,
whether flowering or not. Survey data
for some populations provided separate
counts for each life stage, but for many
populations, survey data were simply
numbers with no information about
whether that number was only
flowering plants, or all plants (USFWS
2017, p. 22). Using total plant numbers,
and assuming that ambiguous counts
were minimum counts of total plants in
each population, we were conservative
in our population counts. The
alternative of assuming that ambiguous
counts were of only flowering adult
plants, when they may have included
basal rosettes, would inflate population
sizes in cases where the assumption was
wrong.
Habitat Protection
Habitat was considered ‘‘protected’’ if
it was acquired in fee simple and placed
into long-term conservation by a
nongovernmental, local, State, or
Federal entity, or a binding land
agreement. Protected sites have
management plans developed and being
implemented. The effect of the degree of
habitat protection on resiliency is
discussed below.
Habitat Area Available
The Florida golden aster population
sizes fluctuate, and can occur in high
densities in small patches of habitat.
However, as a general rule of thumb, for
a given population size, a population
covering a large area will be more
resilient than a population covering a
small area. A perturbation of the same
size will have a proportionally larger
effect on small-area populations than
large-area populations. In assessing
population resiliency, we considered
the amount of habitat available rather
than the amount of habitat occupied for
two reasons. First, the amount of area
occupied was very uncertain for most
populations. Surveys are likely to return
to known patches of the Florida golden
aster, but new patches can be easily
missed and it is likely that the data we
had underestimates the true amount of
area occupied by the Florida golden
aster. Adding to the uncertainty, the
most current spatial data for some
populations came from 2006, and may
no longer reflect the current distribution
at those sites. Second, population
footprints are not always static across
available habitat; the Florida golden
aster can spread into unoccupied areas
as populations grow, or shift across a
landscape as different areas become
more or less suitable or both. For this
reason, we used the amount of habitat
available for populations to occupy
currently, grow into, or shift into as a
factor contributing to population
resiliency. We identified available
habitat within a 2-km radius around
known occurrences, consistent with the
assumption we made about pollinator
movement when delineating
populations. We characterized the
available habitat for populations as
small or large, with 14.2 hectares as the
threshold between the two groups. This
value was selected based on natural
breaks in the data and expert input.
Classifying Resiliency Based on the
Selected Factors
Resiliency classes were based
primarily on population size as
described above, with four resiliency
classes corresponding to four
population size categories. Populations
with fewer than 100 individuals were
determined to have low resiliency.
Within the three higher population size
categories (100–500, 501–1,000, and
>1,000 plants), populations were
assigned a baseline resiliency score
associated with their population size
(moderate, high, or very high,
respectively). This baseline score could
then be lowered by either of the two
other factors, habitat protection and
habitat area available (Table 1).
TABLE 1—STRATEGY FOR ASSIGNING CURRENT RESILIENCY SCORES TO POPULATIONS OF FLORIDA GOLDEN ASTER
Population size
(# plants)
Habitat protected
Habitat not protected
<100 .........................................................
100–500 ...................................................
501–1,000 ................................................
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>1,000 ......................................................
Low
Low ..........................................................
Moderate ..................................................
Moderate ..................................................
High ..........................................................
High ..........................................................
Very High .................................................
Populations that occur on nonprotected lands were assigned to the
resiliency class one step lower than they
would if they were on protected lands.
By doing this, we did not mean to
discount the importance of populations
on non-protected lands to the viability
of the species or imply that owners of
these parcels are managing the land
poorly or are harming the Florida
golden aster. Large populations of
Florida golden aster can be supported
on private lands. For example, when
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Small.
Large.
Low ..........................................................
Low ..........................................................
Moderate ..................................................
Moderate ..................................................
High ..........................................................
High ..........................................................
private landowners burn pasture to
improve forage for cattle, they may
improve habitat for Florida golden aster.
However, even large populations of fireadapted scrub plants can rapidly
decline due to poor management (e.g.,
Polygal lewtonii, Weekley and Menges
2012, entire; Warea carteri, QuintanaAscenscio et al. 2011, entire), and these
lands that are not protected for
conservation are at higher risk of
changes in management or land use that
could harm Florida golden aster
Habitat area
available
Small.
Large.
Small.
Large.
Small.
Large.
populations. For populations that
extend across property boundaries and
contain individuals occurring on both
protected and non-protected lands, we
used the protection status that applied
to the majority of individuals to classify
the entire population.
Populations occupying or surrounded
by a small area of available habitat were
assigned to the resiliency class one step
lower than they would if they existed
within a larger area of available habitat,
as they are less able to withstand and
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recover from perturbations or shift
across a landscape as habitat quality
changes. For any populations
experiencing both of these resiliencyreducing conditions (small habitat area
on non-protected lands), their resiliency
score was only reduced one step rather
than being reduced twice, once for each
factor. The Duette populations were the
most recently introduced populations
(2013). They have been growing rapidly
and are surrounded by ample habitat
and little to no development; therefore,
these two populations were projected to
increase from high to very high
resiliency.
Summaries of the 30 delineated
populations and their resiliency scores
can be found in the SSA and in Table
2, below. In conclusion, resiliency
scores remained stable.
TABLE 2—SUMMARY OF CURRENT RESILIENCY SCORES BY PROTECTED STATUS FOR FLORIDA GOLDEN ASTER
Resiliency class
All populations
Very High .....................................................................................................................................
High ..............................................................................................................................................
Moderate ......................................................................................................................................
Low ..............................................................................................................................................
Current Redundancy and
Representation
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Redundancy for Florida golden aster
is naturally low because it is an
endemic species with a narrow range
around the Tampa Bay region in Florida
and Hardee County farther inland (with
one population just across the border in
Highlands County). The entire species’
range spans five counties, with half of
the populations occurring in
Hillsborough County (Figure 2). The
longest distance between two
populations is 131 km. However, as this
is a narrow-ranging endemic, the spatial
distribution of populations across its
range does confer a moderate amount of
redundancy, defined as the ability of the
species to withstand catastrophic
events. Catastrophic events could
include, among others, too frequent
fires, droughts, disease outbreaks, or
hurricanes with prolonged flooding,
each of which have impacts at a
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different spatial scale. No information is
known about seedbank resiliency in the
soil for this species; without knowing
this, it is difficult to predict long-term
impacts of catastrophes.
The 30 known populations are
distributed in 3 main groupings. There
is about 20–30 km between each of the
groupings, providing a buffer around
each that may protect them from
catastrophic events affecting the others
(e.g., disease outbreak, depending on
transmission type and vectors). Within
each geographic cluster, there are at
least two highly or very highly resilient
populations, which could serve as
sources to naturally recolonize
populations lost to catastrophic events.
The Hardee-Highlands cluster has the
lowest redundancy (two moderately
resilient populations, six populations
total) and is the most isolated from the
other clusters. The Pinellas cluster has
the next lowest redundancy of resilient
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7
11
6
6
Protected
Not protected
7
10
5
3
0
1
1
3
populations (3 highly resilient
populations, 4 populations total), and
the Hillsborough-Manatee cluster has
the highest redundancy (13 resilient
populations, 20 populations total).
Another factor contributing to
redundancy is the wide range of
property ownership; with so many
managing entities, the species as a
whole is buffered against poor
management of any one entity (e.g., due
to budget issues or changing priorities).
Based on the spatial distribution of
resilient populations managed by a
variety of entities across a narrow range,
current redundancy is considered
qualitatively to be low to moderate.
Rather than solely relying on this rather
subjective classification in assessing the
current viability of the species
characterizing current redundancy is
most useful in comparison to
redundancy under the future scenarios.
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Hardee
Highlands
15
60· Kilometers
30
Representative units for this species
could not be defined based on available
data, with representation defined as the
ability of the species to adapt to
changing environmental conditions.
Species experts contributing to the SSA
suspect that there might be
representative units with different
genetic adaptations associated with soil
differences, elevation above the water
table, fire regime, or habitat structure.
However, there are no data currently to
confirm or refute these hypotheses.
Genetic studies have found little to no
genetic clustering among populations,
with 80 percent of observed genetic
variation occurring within populations,
and only 20 percent of the variation
attributable to between-population
differences (Markham 1998). These
results support the existence of a single
representative unit for the species.
However, that study did not examine
genetic markers known to be associated
with adaptive traits. Vital rates and
morphology were observed to differ
between individuals from different
source populations that were grown at
Bok Tower Gardens and introduced to
other sites (Campbell 2008). This
observation provides evidence that there
might be adaptive differences between
different ‘‘types’’ of the Florida golden
aster across the species’ range. However,
without any firm evidence to define
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representative units, we refrain from
doing so here. Future research on the
Florida golden aster genetics and life
history and habitat differences can
provide a more definitive basis for
defining representative units in future
iterations of the SSA.
Future Condition—Analytical
Framework
For the SSA, we developed three
plausible future scenarios under which
to capture the breadth of all likely future
variability and assess the future viability
of Florida golden aster in terms of
resiliency, redundancy, and
representation. Based on expert opinion,
the lifespan of the Florida golden aster,
ideal fire-return intervals (at least every
10 years), uncertainty about future
conditions, and lack of knowledge about
aspects of Florida golden aster ecology,
we chose to project populations 20 years
into the future under each scenario,
although some of these projections
could be reasonably expected to
continue for some time after the 20
years. With approximately 30 years of
real data and trends, we project that the
same trends will continue into the
future for about 20 to 30 years. The
three hypothetical future scenarios are
Status Quo, Pessimistic, and Targeted
Conservation.
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In considering development as a
threat, for our 20-year future projection
we used the SLEUTH (Slope, Land use,
Excluded, Urban, Transportation and
Hillshade; Jantz et al., 2010, p. 34:1–16)
data sets from the years 2020 and 2040
and examined the area predicted, with
at least 80 percent probability, to be
urbanized. The most important factors
identified by species experts to consider
into the future were habitat quantity and
quality.
Therefore, our assessment was both
quantitative, calculating the area within
the 5-km buffer surrounding each
population that was urbanized at each
time point, and qualitative, inspecting
the distribution of urbanization and
major roads within that area (e.g., is the
urbanization concentrated to one side of
the population or completely
surrounding it?).
With both the quantitative and
qualitative assessments, we categorized
populations as having either low risk or
high risk of development impacting
management for Florida golden aster.
We defined high risk of impacting
management as >50 percent chance of
negatively impacting management, and
<50 percent for low risk. Populations
classified as having low risk from
development averaged 7.9 percent
developed area within the 5-km buffer
by 2040, with a range of 0 to 39 percent
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Figure 2. Spatial distribution of Florida golden aster populations in three main geographic
clusters across five counties in Florida. The number of populations with high and very high
resiliency is shown within each cluster.
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developed. Populations classified as
having high risk from development
averaged 45.5 percent developed area
within the same buffer, ranging from 23
to 85 percent. For three populations
with a percent of developed area in the
overlapping range between the two
categories (23 to 39 percent developed),
the deciding factor between low risk
and high risk was the distribution of
development and roads around the
population.
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Habitat Quantity
Habitat quantity can be negatively
impacted by development or land use
change (particularly on private lands) or
positively impacted by land acquisition,
restoration, and introductions into
unoccupied sites that already have
presumably suitable habitat.
Habitat Quality
Habitat quality is closely tied to active
habitat management to maintain
openness either by prescribed burning
or by other types of management. In
constructing our scenarios, we
considered two avenues by which future
habitat management can be influenced,
the level of habitat management effort
and the amount and type of
development near the Florida golden
aster populations (to the extent the
development affects the ability to
conduct management actions, such as
prescribed burns). First, the managing
entities can choose their desired level of
management effort by implementing (or
not) a management plan or by allocating
funding or personnel to or away from
habitat management among competing
priorities and limited resources. For our
scenarios, we allowed for three levels of
habitat management effort by managing
entities. The first was management for
stability, a moderate level of
management that would be expected to
maintain populations at their current
size. The other two management levels
were an increase, or a decrease,
compared to management for stability.
An increase in management effort
would be expected to grow populations,
while a decrease in management would
be expected to result in population
declines.
The second avenue by which future
habitat management can be influenced
is development, particularly major roads
and types of development associated
with ‘‘vulnerable’’ human populations
(e.g., schools, hospitals). This kind of
development surrounding habitat limits
management via prescribed burns by
limiting the days that burns can take
place—weather conditions have to align
to ensure proper smoke management.
For example, if a population is
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surrounded by nearby development to
the north and west, it can only be
burned when the wind is blowing to the
south and east. As more development
surrounds populations, there is less
flexibility for prescribed burns.
However, the appropriate radius around
populations within which development
might impact management ranges from
0.8 km up to 8.0 km as the appropriate
radius depends on a variety of factors
for each burn, including the type of
development, temperature, humidity,
wind conditions, size of the planned
burn, risk tolerance of those
implementing the burn, and other
factors. For the SSA, we chose an
intermediate value, 5 km, in which to
examine current and predicted future
development. In choosing this concrete
value, we acknowledged that this
number is in reality quite variable, and
some burns will need to consider areas
greater or less than 5 km away, but this
value allowed us to gain a general
understanding of the risks of
development on managing surrounding
populations.
Within a 5-km radius around the
Florida golden aster occurrences, we
used geographic information systems
(GIS) to examine current and projected
urbanization and roads. Urbanization
data came from the SLEUTH model, and
road data was available from the Florida
Department of Transportation. The
SLEUTH model has previously been
used to predict probabilities of
urbanization across the Southeastern
United States in 10-year increments,
and the resulting GIS data are freely
available (Belyea and Terrando 2013,
entire). For our 20-year future
projection, we used the SLEUTH data
sets from the years 2020 and 2040 and
examined the area predicted, with at
least 80 percent probability, to be
urbanized. Our assessment was both
quantitative, calculating the area within
the 5-km buffer surrounding each
population that was urbanized at each
time point, and qualitative, inspecting
the distribution of urbanization and
major roads within that area (e.g., is the
urbanization concentrated to one side of
the population or completely
surrounding it?). With this quantitative
and qualitative assessment, we
categorized populations as having either
a low risk or a high risk of development
impacting the ability to manage the
population.
These two aspects of future
management—(1) management
resources and willingness of the entity
to manage and (2) impacts of
surrounding development on
management—interacted in our future
scenarios in the following way: with
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decreases in management effort
(compared to management for stable
populations), population resiliency
decreased one level. With management
for stability, population resiliency
stayed the same as the current condition
resiliency when there was low risk of
development impacts; but where there
was a high risk, resiliency decreased
one level, reflecting that management
will be more challenging with higher
risk from development. With increases
in management effort, population
resiliency increased when there was low
risk of development impacts, but stayed
the same when there was a high risk; the
increased management effort canceled
out the increased risk caused by
development.
Future Condition—Future Scenarios
Status Quo
Under the Status Quo scenario, no
new protected areas were acquired and
no new populations were introduced.
Management efforts for all populations
were maintained at current levels,
assuming that the ability to manage
would not be hampered by funding or
political issues, climate change, or other
factors. As discussed above, currently
there are 30 known extant populations,
natural and introduced, occurring in 5
counties (Hardee, Highlands,
Hillsborough, Manatee, and Pinellas). Of
these, 25 populations occur entirely or
mostly on 22 protected sites,
‘‘protected’’ referring to a site that was
acquired in fee simple and placed into
long-term conservation by a
nongovernmental, local, State, or
Federal entity, or a conservation
easement or other binding land
agreement by the site owner that shows
a commitment to its conservation in
perpetuity, and this scenario assumes
that that commitment will be honored.
Of the introductions since 2008, all had
reached sizes >1,000 plants except for
the populations at Duette Preserve (2
populations, North and South).
Pessimistic
Under the Pessimistic scenario,
management effort on all populations
decreased, presumably as an effect of a
wide-scale change in priorities or
resources, resulting in a drop in
resiliency scores across the board.
Additionally, based on uncertainty in
whether populations on non-protected
lands would continue to be managed in
a way that is compatible with continued
Florida golden aster persistence, in this
scenario all populations on nonprotected lands were assumed to be lost
due to presumed land use or
management change. As with the Status
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Quo scenario, no new protected areas
were acquired, and no new populations
were introduced.
Targeted Conservation
Under the Targeted Conservation
scenario, populations with high and
very high resiliency were managed to
maintain their rank; in cases where
populations had a high risk of
development limiting the ability to
manage, this involved an increase in
management effort compared to what
would be needed to maintain the same
level of resiliency for a population with
a low risk of development impacts.
Populations with currently moderate
resiliency on protected lands received
management effort increases to either
move them into the high-resiliency class
(low risk from development) or
maintain moderate resiliency (high risk
from development). Conservation
resources were steered towards
maintaining and growing these larger
populations, and not as much towards
rescuing populations that currently have
low resiliency. Additionally, five new
sites were selected across the species’
range in which to introduce new
populations, thus improving species
redundancy.
Likelihood of Scenarios
Of these three scenarios, the Status
Quo scenario is the most likely to occur,
although the Targeted Conservation
scenario represents a likely future if
both habitat-focused management
(prescribed burning and mechanical or
manual habitat management) by a
variety of partners/managing entities
and species-specific conservation
(captive propagation and introductions)
are prioritized and well-funded. The
Pessimistic scenario was unlikely; given
that Florida golden aster populations
span so many different ownerships, it is
unlikely that all of the different
managing entities will develop the land
especially when there are other cooccurring threatened, endangered, and
candidate species occupying the same
habitat (e.g., Florida scrub-jay,
Aphelocoma coerulescens; eastern
indigo snake, Drymarchon couperi;
gopher tortoise, Gopherus polyphemus).
The Targeted Conservation scenario was
not likely with current conservation
resources, but could reflect a likely
future if both habitat-focused
management (e.g., prescribed burning)
by a variety of partners/managing
entities and species-specific
conservation (e.g., captive propagation
and introductions) are prioritized and
well-funded.
Future Resiliency
Future (20 years) resiliency of Florida
golden aster populations under three
scenarios was summarized in the SSA
(Table 3). As implied by the scenario
name, resiliency of populations under
the Pessimistic scenario was predicted
to be poor, with only 7 highly resilient
populations, a decrease from 18
currently highly or very highly resilient
populations. Under the Status Quo
scenario, we expected resiliency to drop
to 12 highly or very highly resilient
populations due solely to the effect of
development limiting the ability to
adequately manage habitat. Under the
Targeted Conservation scenario, focused
management and conservation efforts to
counteract detrimental effects of
urbanization, grow existing populations,
and introduce new populations were
expected to result in significant gains in
resilient populations, with an increase
from 18 to 27 highly or very highly
resilient populations expected.
TABLE 3—SUMMARY OF RESILIENCY SCORES TALLIED ACROSS ALL POPULATIONS OF FLORIDA GOLDEN ASTER FOR THE
CURRENT CONDITION AND FUTURE CONDITION UNDER THREE HYPOTHETICAL SCENARIOS: STATUS QUO, PESSIMISTIC, AND TARGETED CONSERVATION
Resiliency class
Current
Very High .........................................................................................................
High ..................................................................................................................
Moderate ..........................................................................................................
Low ..................................................................................................................
Likely Extirpated ..............................................................................................
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Future Redundancy and Representation
Redundancy 20 years in the future
was expected to decrease compared to
current condition under the Status Quo
and Pessimistic Scenarios. In all
scenarios, the majority of highly and
very highly resilient populations were
found in Hillsborough and Manatee
Counties. All redundancy of highly
resilient populations in Pinellas County
and the Hardee and Highlands Counties
cluster is lost under the Pessimistic
scenario. In the Status Quo scenario,
where drops in resiliency were due to
development risks to management, no
highly resilient populations remained in
the heavily urbanized Pinellas County.
Even in the Targeted Conservation
Scenario, redundancy within Pinellas
County did not improve, but both the
number and distribution of highly
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Status quo
7
11
6
6
NA
resilient populations in the other two
clusters did improve.
As in the Current Condition section of
this preamble, we did not assess
representation in the future due to a
present lack of information needed to
delineate representative units.
Recovery Criteria
Section 4(f) of the Act directs us to
develop and implement recovery plans
for the conservation and survival of
endangered and threatened species
unless we determine that such a plan
will not promote the conservation of the
species. Recovery plans must, to the
maximum extent practicable, include
‘‘objective, measurable criteria which,
when met, would result in a
determination, in accordance with the
provisions [of section 4 of the Act], that
the species be removed from the list.’’
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4
8
11
3
4
Pessimistic
0
7
11
5
7
Targeted
conservation
9
18
2
2
4
Recovery plans provide a roadmap for
us and our partners on methods of
enhancing conservation and minimizing
threats to listed species, as well as
measurable criteria against which to
evaluate progress towards recovery and
assess the species’ likely future
condition. However, they are not
regulatory documents and do not
substitute for the determinations and
promulgation of regulations required
under section 4(a)(1) of the Act. A
decision to revise the status of a species,
or to delist a species is ultimately based
on an analysis of the best scientific and
commercial data available to determine
whether a species is no longer an
endangered species or a threatened
species, regardless of whether that
information differs from the recovery
plan.
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There are many paths to
accomplishing recovery of a species,
and recovery may be achieved without
all of the criteria in a recovery plan
being fully met. For example, one or
more criteria may be exceeded while
other criteria may not yet be
accomplished. In that instance, we may
determine that the threats are
minimized sufficiently and that the
species is robust enough that it no
longer meets the definition of an
endangered species or a threatened
species. In other cases, we may discover
new recovery opportunities after having
finalized the recovery plan. Parties
seeking to conserve the species may use
these opportunities instead of methods
identified in the recovery plan.
Likewise, we may learn new
information about the species after we
finalize the recovery plan. The new
information may change the extent to
which existing criteria are appropriate
for identifying recovery of the species.
The recovery of a species is a dynamic
process requiring adaptive management
that may, or may not, follow all of the
guidance provided in a recovery plan.
The recovery plan for the Florida
golden aster was issued by the Service
on August 29, 1988. The primary
objective of the recovery plan was to
provide sufficient habitat for the Florida
golden aster, both through protection of
the sites and proper vegetation
management. The plan called for
establishment of new populations of the
species. Reclassification of this species
to threatened could be considered if 10
geographically distinct populations
were established in its 3 native counties.
Delisting could be considered if 20 such
populations were secured (USFWS
1988, p. 3). Currently, Florida golden
aster occurs in 30 geographically
distinct populations across 5 counties,
and 18 of these populations are high or
very high resiliency, as consistent with
delisting criteria (see Table 2 in
discussion above).
Determination of Florida Golden Aster
Status
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations (50
CFR part 424) set forth the procedures
for determining whether a species meets
the definition of ‘‘endangered species’’
or ‘‘threatened species.’’ The Act defines
an endangered species as a species that
is ‘‘in danger of extinction throughout
all or a significant portion of its range,’’
and a threatened species as a species
that is ‘‘likely to become an endangered
species within the foreseeable future
throughout all or a significant portion of
its range.’’ For a more detailed
discussion on the factors considered
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when determining whether a species
meets the definition of an endangered
species or a threatened species and our
analysis on how we determine the
foreseeable future in making these
decisions, please see Analytical
Framework, above.
Status Throughout All of Its Range
After evaluating threats to the species
and assessing the cumulative effect of
the threats under section 4(a)(1) factors,
we find that the present or threatened
destruction, modification, or
curtailment of its habitat (Factor A),
which was the basis for listing the
species, is no longer a threat. At the
time of listing, Florida golden aster was
thought to persist only in Hillsborough
County. Now, the species is known to
occur in four additional counties:
Hardee, Highlands, Mantee, and
Pinellas Counties. While destruction
and modification of habitat is still the
primary threat, its magnitude has been
greatly reduced since listing. Further,
under the recovery plan for the species,
delisting could be considered if 20
populations were secured. The number
of known extant populations
(NatureServe 2004) has increased from 9
(1986) to 30 (2017) as a result of
additional surveys, habitat restoration,
and outplanting within the historical
range of the species. Of those 30
populations, 25 are located on protected
conservation lands, 22 of which have
been determined to have at least
moderate resiliency. We expect current
levels of management to continue on
these conservation lands at these
locations and anticipate the number of
individuals within the populations to
increase. Thus, after assessing the best
available information, we conclude that
the Florida golden aster no longer meets
the Act’s definition of an endangered
species.
For the determination of whether the
species is likely be become endangered
within the foreseeable future throughout
all of its range, and thus meet the
definition of a threatened species, we
considered the ‘‘foreseeable future’’ as
20 years into the future under the three
hypothetical future scenarios. Under all
three scenarios evaluated, Florida
golden aster is expected to continue to
persist across its currently known range.
Under the status quo scenario, which is
also the most likely to occur, 12
populations are projected to be high/
very high resiliency and 11 moderate—
across all 3 geographic clusters, as
habitat modification is no longer a
threat for the populations on protected
lands and current management of those
lands is expected to continue. Four
populations (3 natural and 1
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introduced), currently in low condition
are projected to become extirpated. Even
under the Pessimistic scenario, which is
least likely to occur, 7 populations are
projected to be in high condition and 11
in moderate condition, all on protected
lands with conservation management
expected to continue at some level.
Given that the majority of populations
projected to remain extant, and with at
least moderate resiliency, at the end of
the projection period are on protected
lands managed for scrub habitat, it is
unlikely the species will become
endangered in the foreseeable future
throughout all of its range.
Status Throughout a Significant Portion
of Its Range
Under the Act and our implementing
regulations, a species may warrant
listing if it is in danger of extinction or
likely to become so in the foreseeable
future throughout all or a significant
portion of its range. Because we have
determined that the species is not in
danger of extinction or likely to become
so in the foreseeable future throughout
all of its range, we will consider
whether there are any significant
portions of its range in which the
species is in danger of extinction or
likely to become so in the foreseeable
future—that is, whether there is any
portion of the species’ range for which
both (1) the portion is significant; and,
(2) the species is in danger of extinction
now or likely to become so in the
foreseeable future in that portion.
Depending on the case, it might be more
efficient for us to address the
‘‘significance’’ question or the ‘‘status’’
question first. Regardless of which
question we address first, if we reach a
negative answer with respect to the first
question for a certain portion of the
species’ range, we do not need to
evaluate the other question for that
portion of the species’ range.
For Florida golden aster, we chose to
evaluate the status question (i.e.,
identifying portions where Florida
golden aster may be in danger of
extinction or likely to become so in the
foreseeable future) first. We considered
whether the threats are geographically
concentrated in any portion of the
species’ range at a biologically
meaningful scale now or in the
foreseeable future. We examined the
following threats: Development and
climate change, including cumulative
effects. Currently, there are 30 known
extant Florida golden aster populations
occurring in 5 counties (Hillsborough,
Manatee, Pinellas, Highlands, and
Hardee Counties) with 25 of these
populations occurring on conservation
lands (Federal, State, and conservation
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easements). Climate change, as
discussed above, is primarily acting
upon the species across its range, except
for sea level rise, which would only
potentially affect one population at Fort
De Soto County Park in Pinellas County.
As this would potentially impact just a
single population out of 30 populations,
we do not consider this concentration of
threats to be at a biologically meaningful
scale.
Although development is currently
concentrated in Pinellas County, that
activity would negatively impact in the
foreseeable future only five populations,
which occur on private lands or along
roadways or railroad lines. However,
two of these populations have high and
moderate resiliency (the remaining three
populations have low resiliency), and
this pattern will continue in the future.
The Pinellas County populations are
currently in low condition, and some
may become extirpated in the
foreseeable future due to development.
Therefore, our examination leads us to
find that there is substantial information
that the Pinellas County populations
may become in danger of extinction
within the foreseeable future.
We then proceeded to consider
whether this portion of the range (i.e.,
the Pinellas County populations) is
significant. For the purposes of this
analysis, the Service is considering
significant portions of the range by
applying any reasonable definition of
‘‘significant.’’ We assessed whether any
portions of the range may be
biologically meaningful in terms of the
resiliency, redundancy, or
representation of the entity being
evaluated. This approach is consistent
with the Act, our implementing
regulations, our policies, and case law.
Currently, the Pinellas County
populations are introduced populations
and represent a small portion (less than
10 percent based on current extant
populations) of the species’ range.
Further, these populations were all
introduced after listing (i.e., are not
naturally occurring populations) and are
not contributing much to the viability of
the species. If these populations become
extirpated, the Florida golden aster
would lose some redundancy, but the
loss of this portion of the species’ range
would still leave sufficient resiliency
(populations with moderate to high
resiliency), redundancy, and
representation in the remainder of the
species’ range such that it would not
notably reduce overall viability of the
species. Therefore, these populations do
not represent a significant portion of the
species’ range.
We conclude that the Florida golden
aster is not in danger of extinction nor
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likely to become so in the foreseeable
future in a significant portion of its
range. This approach is consistent with
the courts’ holdings in Desert Survivors
v. Department of the Interior, No. 16–
cv–01165–JCS, 2018 WL 4053447 (N.D.
Cal. Aug. 24, 2018), and Center for
Biological Diversity v. Jewell, 248 F.
Supp. 3d, 946, 959 (D. Ariz. 2017).
Determination of Status
Our review of the best available
scientific and commercial data available
indicates that Florida golden aster is not
in danger of extinction nor likely to
become endangered within the
foreseeable future throughout all or a
significant portion of its range.
Therefore, we find that Florida golden
aster does not meet the definition of an
endangered or threatened species, and
we propose to remove Florida golden
aster from the List.
Effects of This Proposed Rule
This proposal, if made final, would
revise 50 CFR 17.12(h) to remove
Florida golden aster from the Federal
List of Endangered and Threatened
Plants. The prohibitions and
conservation measures provided by the
Act, particularly through sections 7 and
9, would no longer apply to this species.
Federal agencies would no longer be
required to consult with the Service
under section 7 of the Act in the event
that activities they authorize, fund, or
carry out may affect Florida golden
aster. There is no critical habitat
designated for this species.
Post-Delisting Monitoring
Section 4(g)(1) of the Act requires us
to monitor for not less than 5 years the
status of all species that are delisted
due. Post-delisting monitoring (PDM)
refers to activities undertaken to verify
that a species delisted due to recovery
remains secure from the risk of
extinction after the protections of the
Act no longer apply. The primary goal
of PDM is to monitor the species to
ensure that its status does not
deteriorate, and if a decline is detected,
to take measures to halt the decline so
that proposing it as a threatened or
endangered species is not again needed.
If at any time during the monitoring
period, data indicate that protective
status under the Act should be
reinstated, we can initiate listing
procedures, including, if appropriate,
emergency listing. At the conclusion of
the monitoring period, we will review
all available information to determine if
re-listing, the continuation of
monitoring, or the termination of
monitoring is appropriate.
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Section 4(g) of the Act explicitly
requires that we cooperate with the
States in development and
implementation of PDM programs.
However, we remain ultimately
responsible for compliance with section
4(g) and, therefore, must remain actively
engaged in all phases of PDM. We also
seek active participation of other
entities that are expected to assume
responsibilities for the species’
conservation after delisting.
Concurrent with this proposed
delisting rule, we announce the draft
PDM plan’s availability for public
review at https://www.regulations.gov
under Docket Number FWS–R4–ES–
2019–0071. We seek information, data,
and comments from the public
regarding Florida golden aster and the
PDM plan. We are also seeking peer
review of the draft PDM plan
concurrently with this comment period.
We anticipate finalizing the PDM plan,
considering all public and peer review
comments, prior to making a final
determination on the proposed delisting
rule.
Required Determinations
Clarity of the Proposed Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all proposed rules in
plain language. This means that each
proposed rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help revise the proposed rule,
your comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act need
not be prepared in connection with
determining and implementing a
species’ listing status under the
E:\FR\FM\24JNP1.SGM
24JNP1
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
Endangered Species Act. We published
a notice outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244).
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
Tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.
There are no Tribal interests affected by
this proposal.
References Cited
A complete list of references cited is
available on the internet at https://
www.regulations.gov under Docket
Number FWS–R4–ES–2019–0071.
Authors
The primary authors of this proposed
rule are staff members of the Service’s
Southeastern Region Recovery Team
and the North Florida Ecological
Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:
khammond on DSKJM1Z7X2PROD with PROPOSALS
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
§ 17.12
[Amended]
2. Amend § 17.12(h) by removing the
entry for ‘‘Chrysopsis floridana’’ under
■
VerDate Sep<11>2014
19:39 Jun 23, 2021
Jkt 253001
‘‘Flowering Plants’’ on the List of
Endangered and Threatened Plants.
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–12741 Filed 6–23–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210617–0133]
RIN 0648–BK24
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 61
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This action proposes to
approve and implement Framework
Adjustment 61 to the Northeast
Multispecies Fishery Management Plan.
This rule would revise the status
determination criteria for Georges Bank
and Southern New England-Mid
Atlantic winter flounder, implement a
revised rebuilding plan for white hake,
set or adjust catch limits for 17 of the
20 multispecies (groundfish) stocks, and
implement a universal exemption for
sectors to target Acadian redfish. This
action is necessary to respond to
updated scientific information and to
achieve the goals and objectives of the
fishery management plan. The proposed
measures are intended to help prevent
overfishing, rebuild overfished stocks,
achieve optimum yield, and ensure that
management measures are based on the
best scientific information available.
DATES: Comments must be received by
July 9, 2021.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2021–0061
by the following method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2021–0061 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
SUMMARY:
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
33191
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by us. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of Framework Adjustment 61,
including the draft Environmental
Assessment, the Regulatory Impact
Review, and the Regulatory Flexibility
Act Analysis prepared by the New
England Fishery Management Council
in support of this action, are available
from Thomas A. Nies, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Mill 2, Newburyport, MA 01950. The
supporting documents are also
accessible via the internet at: https://
www.nefmc.org/management-plans/
northeast-multispecies or https://
www.regulations.gov.
Liz
Sullivan, Fishery Policy Analyst, phone:
978–282–8493; email: Liz.Sullivan@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Summary of Proposed Measures
2. Status Determination Criteria
3. Rebuilding Plan for White Hake
4. Fishing Year 2021 Shared U.S./
Canada Quotas
5. Catch Limits for Fishing Years 2021–
2023
6. Universal Sector Exemption for
Acadian Redfish (redfish)
1. Summary of Proposed Measures
This action would implement the
management measures in Framework
Adjustment 61 to the Northeast
Multispecies Fishery Management Plan
(FMP). The New England Fishery
Management Council reviewed the
proposed regulations and deemed them
consistent with, and necessary to
implement, Framework 61 in a June 10,
2021, letter from Council Chairman Dr.
John Quinn to Regional Administrator
Michael Pentony. Under the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), we are required to publish
proposed rules for comment after
determining whether they are consistent
E:\FR\FM\24JNP1.SGM
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Agencies
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Proposed Rules]
[Pages 33177-33191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12741]
[[Page 33177]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2019-0071; FF09E22000 FXES11130900000 201]
RIN 1018-BE00
Endangered and Threatened Wildlife and Plants; Removal of
Chrysopsis floridana (Florida Golden Aster) From the Federal List of
Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
remove the Florida golden aster (Chrysopsis floridana), a short-lived
perennial, from the Federal List of Endangered and Threatened Plants
(List) due to recovery (delist). This determination is based on our
evaluation of the best available scientific and commercial information,
which indicates that the threats to the species have been eliminated or
reduced to the point that the species has recovered and no longer meets
the definition of a threatened or endangered species under the
Endangered Species Act of 1973, as amended (Act). If this proposal is
finalized, the Florida golden aster will be removed from the List.
DATES: We will accept comments received or postmarked on or before
August 23, 2021. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. We must receive requests for
public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by August 9, 2021.
ADDRESSES: You may submit comments on this proposed rule by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R4-ES-2019-0071,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, check the Proposed
Rules box to locate this document. You may submit a comment by clicking
on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R4-ES-2019-0071, U.S. Fish and Wildlife Service,
MS: JAO (PRB/3W), 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
Document availability: The proposed rule and supporting documents
(including the Species Status Assessment (SSA), post delisting
monitoring plan, list of references cited, and 5-year review) are
available at https://www.regulations.gov under Docket No. FWS-R4-ES-
2019-0071. We will notify the public on our website, https://www.fws.gov/northflorida/, when these documents are available.
FOR FURTHER INFORMATION CONTACT: Jay Herrington, Field Supervisor, U.S.
Fish and Wildlife Service, North Florida Ecological Services Field
Office, 7915 Baymeadows Way, Jacksonville, FL 32256; telephone 722-469-
4251. Persons who use a telecommunications device for the deaf (TDD)
may call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other concerned governmental agencies,
Native American Tribes, the scientific community, industry, or any
other interested parties concerning this proposed rule.
We particularly seek comments on:
(1) Information concerning the biology and ecology of the Florida
golden aster;
(2) Relevant data concerning any threats (or lack thereof) to the
Florida golden aster, particularly any data on the possible effects of
climate change as it relates to habitat, the extent of State
protection, and management that would be provided to this plant as a
delisted species;
(3) Current or planned activities within the geographic range of
the Florida golden aster that may negatively impact or benefit the
species; and
(4) Any new information about this species and threats from
invasive plants.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or a
threatened species must be made ``solely on the basis of the best
scientific and commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing. For the immediate future, we will provide these public
hearings using webinars that will be announced on the Service's
website, in addition to the Federal Register. The use of these virtual
public hearings is consistent with our regulation at 50 CFR
424.16(c)(3).
Supporting Documents
A species status assessment (SSA) team prepared an SSA report for
the Florida golden aster. The SSA team was composed of Service
biologists, in consultation with other species experts. The SSA report
represents a compilation of the best scientific and commercial data
available concerning the status of the species, including the
[[Page 33178]]
impacts of past, present, and future factors (both negative and
beneficial) affecting the species.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994), our August 22, 2016, Director's Memo on the Peer
Review Process, and the Office of Management and Budget's December 16,
2004, Final Information Quality Bulletin for Peer Review (revised June
2012), we solicited independent scientific reviews of the information
contained in the Florida golden aster SSA report. We sent the SSA
report to six independent peer reviewers and received two responses.
Results of this structured peer review process can be found at https://www.fws.gov/northflorida/. The SSA report was also submitted to our
Federal, State, and Tribal partners for scientific review. We received
review from two partners (Sheryl Bowman, Environmental Lands Management
Coordinator, Hillsborough County, Lake Frances Field Office and
Jennifer Possley, Conservation Team Leader/Field Biologist, Fairchild
Tropical Botanic Garden). In preparing this proposed rule, we
incorporated the results of these reviews, as appropriate, into the
final SSA report.
Previous Federal Actions
The Florida golden aster was listed as endangered on May 16, 1986
(51 FR 17974), under the Act. On August 29, 1988, we released a
recovery plan for the Florida golden aster. The recovery plan suggested
that we consider the species for reclassification to threatened status
when 10 geographically distinct self-sustaining populations of the
plant are protected in Hardee, Hillsborough, Manatee, and Pinellas
Counties, Florida. The latest 5-year review, completed March 20, 2017,
indicated that the species' status was improving, assigned a Recovery
Priority Number of 8 (indicating moderate degree of threat and high
recovery potential), and recommended downlisting to threatened. The
Service initiated the Florida golden aster SSA (see above) to aid in
determining the appropriateness of reclassifying the species.
Background
A thorough review of the taxonomy, life history, ecology, and
overall viability of the Florida golden aster is presented in the SSA
report (USFWS 2018, available at https://www.fws.gov/southeast/). A
summary of that information is presented here.
Florida golden aster is endemic to xeric (very dry) uplands east
and southeast of the Tampa Bay area of central Florida. The historical
range of the Florida golden aster is thought to span parts of
Hillsborough, Manatee, Pinellas, Highlands, and Hardee Counties, but
the true extent of the historical range is uncertain because the
ecosystems on which it occurs were rapidly converted to residential,
commercial, and agricultural uses after settlement of the region.
Agriculture began in 1880 with grazing and production of citrus and row
crops. Residential and commercial activity began around 1840, mainly in
the Tampa Bay area and beach communities through the 1940s and 1950s,
but suburban and rural areas started expanding in the 1960s and 1970s
and development has continued at a consistent rate. The species was
first collected and described from a specimen in Manatee County in
early 1901, with subsequent collections in Pinellas and Hillsborough
Counties in the 1920s. The earliest known Manatee County and Pinellas
County populations occurred in coastal areas of Bradenton Beach and St.
Petersburg Beach. However, these populations have since been
extirpated. The last remaining natural population known to occur in
Pinellas County was discovered in 1983; however, a housing development
eliminated all available habitat by 1985.
When the species was listed as endangered in 1986, nine known
extant populations of the species occurred in five locations, all
coastal, in southeastern Hillsborough County (Wunderlin et al. 1981,
entire). Since listing of the species, increased survey efforts have
resulted in the discovery of additional populations, including
occurrences further inland. Many of the newly discovered locations have
since been acquired as protected sites with active conservation
management activities implemented to improve habitat conditions. As
discussed below, introductions have occurred on conservation lands in
Hardee, Hillsborough, Manatee, and Pinellas Counties. It is not known
whether these introduction sites were historically occupied by the
Florida golden aster, or if so, how long ago they supported natural
populations.
Based on the most current surveys across the species' range (2006-
2018), 30 known extant populations, natural and introduced, occur in 5
counties (Hardee--4, Highlands--1, Hillsborough--16, Manatee--5, and
Pinellas--4). Populations were delineated using a 2-kilometers (km)
separation distance between occurrences (see Current Condition, below,
for more information). Of these, 25 populations occur entirely or
mostly on 22 protected sites, meaning a site that has been acquired in
fee simple and placed into long-term conservation, or a conservation
easement or other binding land agreement by the site owner that shows a
commitment to its conservation in perpetuity. In addition, all sites
have a management agreement or plan both developed and implemented.
None of the lands occupied by the Florida golden aster are federally
owned or managed. The remaining five extant populations occur on
private lands or along roadways or railroad lines.
The most recent surveys showed that just over half of the Florida
golden aster individuals occurred in nine introduced populations at
eight sites. The earliest introductions took place in 1986; of those 10
introduced populations, 3 are still extant in Hardee and Manatee
Counties, while 7 others in Pinellas and Hillsborough Counties failed.
Introductions were again initiated during 2008-2013, when Bok Tower
Gardens introduced 6 additional populations in Hardee, Manatee, and
Pinellas Counties, containing 24,825 plants (as of the most recent
censuses, with about 12,000 in one population). All 6 populations had
reached sizes >1,000 plants except for the populations at Duette
Preserve (2 populations, North and South). However, given that the
Duette populations were the most recently introduced populations
(2013), have been growing rapidly, and are surrounded by ample habitat
and little to no development, they should also reach sizes comparable
to the other introduced populations.
According to the most recent surveys, approximately 50,000
individuals exist with over 90 percent occurring in the populations
located on protected lands. Although this estimate is the best
available information, it gives only an approximation of the true
current abundance of the Florida golden aster because surveys are not
conducted every year and are conducted differently by various
biologists for different purposes. Moreover, population sizes fluctuate
annually. Twelve of the 30 populations had more than 1,000 individual
plants present when last observed. We note that a 56-km gap occurs
between the easternmost naturally occurring population in Manatee
County and the nearest naturally occurring population in Hardee County,
and it is not presently known whether this gap is due to the lack of
suitable habitat, lack of observation, a long-distance dispersal event,
or fragmentation of a formerly continuous distribution.
[[Page 33179]]
[GRAPHIC] [TIFF OMITTED] TP24JN21.002
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species is an ``endangered species'' or a ``threatened
species.'' The Act defines an endangered species as a species that is
``in danger of extinction throughout all or a significant portion of
its range,'' and a threatened species as a species that is ``likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range.'' The Act requires that we
determine whether any species is an ``endangered species'' or a
``threatened species'' because of any of the following factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects. We consider these same five
factors in reclassifying a species from endangered to threatened, and
in delisting a species (50 CFR 424.11(c)-(e)).
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the species' expected response and
the effects of the threats--in light of those actions and conditions
that will ameliorate the threats--on an individual, population, and
species level. We evaluate each threat and its expected effects on the
species, then analyze the cumulative effect of all of the threats on
the species as a whole. We also consider the cumulative effect of the
threats in light of those actions and conditions that will have
positive effects on the species--such as any existing regulatory
mechanisms or conservation efforts. The Secretary of the Interior
determines whether the species meets the definition of an ``endangered
species'' or a ``threatened species'' only after the Service conducts
this cumulative analysis and describes the expected effect on the
species now and in the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
foreseeable future extends only so far into the future as we can
reasonably determine that both the future threats and the species'
responses to those threats are likely. In other words, the foreseeable
future is the period of time in which we can make reliable predictions.
``Reliable'' does not mean ``certain''; it means sufficient to provide
a reasonable degree of confidence in the prediction. Thus, a prediction
is reliable if it is reasonable to depend on it when making decisions.
[[Page 33180]]
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including an assessment of the potential
threats to the species. The SSA report does not represent our decision
on whether the species should be reclassified or delisted under the
Act. It does, however, provide the scientific basis that informs our
regulatory decisions, which involve the further application of
standards within the Act and its implementing regulations and policies.
To assess Florida golden aster viability, we used the three
conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency supports the ability of the species to withstand
environmental and demographic stochasticity (for example, wet or dry,
warm or cold years); redundancy supports the ability of the species to
withstand catastrophic events (for example, droughts, large pollution
events), and representation supports the ability of the species to
adapt over time to long-term changes in the environment (for example,
climate changes). In general, the more resilient and redundant a
species is and the more representation it has, the more likely it is to
sustain populations over time, even under changing environmental
conditions. Using these principles, we identified the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels, and described the
beneficial and risk factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluate an individual species' life-history
needs. During the next stage, we assess the historical and current
condition of the species' demographics and habitat characteristics,
including an explanation of how the species arrived at its current
condition. In the final stage, we make predictions about the species'
responses to positive and negative environmental and anthropogenic
influences. Throughout all of these stages, we use the best available
information to characterize viability as the ability of a species to
sustain populations in the wild over time. We use this information to
inform our regulatory decision.
Summary of Biological Status and Threats
The Act directs us to determine whether any species is an
endangered or a threatened species because of any factors affecting its
continued existence. The following is a summary of the key results and
conclusions from the SSA report; the full SSA report can be found on
the Southeast Region website at https://www.fws.gov/southeast/ and at
https://www.regulations.gov under Docket No. FWS-R4-ES-2019-0071.
Summary of SSA Analysis
As described above, for a species to be viable there must be
adequate redundancy (suitable number, distribution, and connectivity to
allow the species to withstand catastrophic events), representation
(genetic and environmental diversity to allow the species to adapt to
changing environmental conditions), and resiliency (ability of a
species to withstand unpredictable disturbance). Resiliency for Florida
golden aster improves with maintained open habitat. Lambert and Menges
(1996) recommend prescribed burning that mimics the historic burn
pattern (frequent low-intensity fires in sandhill, less frequent burns
in scrub, with fires primarily in late spring and summer) and periodic
mechanical disturbance of the ground cover during late winter or early
spring when seeds are dispersed. In the absence of fire, habitat
openness can be maintained with mowing, hand removal of trees and
shrubs near plants, or other mechanical treatments; populations have
persisted along periodically mowed right of ways (e.g., underneath
powerlines, along roads and railroads) for decades without a prescribed
burn program. Populations must be suitably large and connected to
provide a reservoir of individuals to cross-pollinate with, as plants
will not self-fertilize, and to maintain levels of genetic diversity
high enough to prevent harmful consequences from inbreeding depression
and genetic drift (Ellstrand and Elam 1993). Redundancy improves with
increasing numbers of populations, and connectivity (either natural or
human-facilitated) allows connected populations to ``rescue'' each
other after catastrophes. Representation improves with increased
genetic diversity and/or environmental conditions within and among
populations.
Viability of the Florida golden aster has been and will continue to
be impacted both negatively and positively by anthropogenic and natural
influences. Historically, the primary threats to the Florida golden
aster were habitat loss (resulting from human development) and habitat
degradation due to lack of adequate habitat management. As threats to
habitat have been alleviated via habitat protection and management,
recovery has been further bolstered by captive propagation followed by
introduction into unoccupied sites.
Summary of Factors Affecting the Species
Present or Threatened Destruction, Modification, or Curtailment of Its
Habitat or Range
The main threat to this species at the time of listing was the
destruction and modification of habitat. Habitat destruction,
modification, and degradation on private lands and habitat degradation
from lack of adequate habitat management on public lands remain the
primary risk factor to the species. The five populations occurring on
private lands remain subject to adverse human activity including
mowing, dumping, off-road recreational vehicles use, and land clearing.
However, these activities are no longer threats to the 25 populations
on public conservation lands because of controlled access and
restricted use.
Lack of management, especially the absence of periodic fire,
historically led to habitat degradation throughout the species' range.
The Florida golden aster occurs in open sandy patches that historically
were maintained by fire under natural conditions. Without naturally
ignited fires or prescribed fire applications, the habitat becomes
overgrown, resulting in unfavorable conditions for the species'
persistence. Ideal habitat management is generally regarded as
prescribed burning that mimics the historical burn patterns (frequent
low-intensity fires in sandhill, less frequent burns in scrub, with
fires primarily in late spring and summer) and periodic mechanical
disturbance of the ground cover during late winter or early spring when
seeds are dispersed (Lambert and Menges 1996, pp. 121-137). Initial
burning to restore the openness of degraded habitat involves frequent
intense fires, after which
[[Page 33181]]
burning can be less intense and frequent to simply maintain the
habitat. Failing to maintain open scrub habitat can disrupt Florida
golden aster reproduction, survival, and dispersal (Lambert and Menges
1996, pp. 121-137).
As with habitat destruction and modification, this threat remains a
concern mainly on private and non-conservation lands. Populations that
occur on public conservation lands are often being managed to maintain
optimal open scrub habitat. However, budget constraints, manageability,
conflicting priorities, and other factors (weather, lack of equipment,
staff shortages, etc.) may preclude proper management activities even
on conservation lands. Additionally, proximity to urbanized areas can
limit the number of days available for prescribed burns, and
urbanization in the Tampa Bay area is increasing rapidly (Xian et al.
2005, pp. 920-928). To be optimal, burn days must have wind speeds and
wind directions that do not unduly burden urbanized areas with smoke.
For this reason, large rural tracts of habitat are easier to burn than
small tracts tucked into developed areas. Increasing development could
lead to further decreases in the ability to conduct prescribed burning
in the future, which may or may not be replaced with adequate habitat
management by other means (e.g., mowing) that are more expensive than
using fire. The type of development also factors into management
ability and flexibility, with major roads, schools, hospitals,
retirement homes (places with vulnerable populations) weighing more
heavily on the decision of if/when to burn than other types of
development (Camposano 2018, pers. comm.).
Since the time of listing, conservation efforts for Florida golden
aster and other scrub habitat species have reduced the threat of
habitat destruction, modification, and degradation. These conservation
efforts include acquiring properties where the species naturally
occurs, introducing populations on conservation lands, and conducting
ongoing habitat management on conservation lands (e.g., prescribed
burning). While habitat destruction and modification may still occur on
private lands, 83 percent of the sites are on public conservation lands
and, therefore, for the most part, are adequately managed and
protected. Land acquisitions and introductions have increased the
number of established populations within the historical range and have
resulted in the expansion of the species' known range. Further, if this
rulemaking process results in the species being delisted, it will
remain listed as threatened under State laws. The State will develop a
management plan and regulatory guidelines to monitor the species. Based
on the best available information, we conclude that resources for
necessary management activities on conservation lands will continue.
Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
At the time of listing, this species was not known to be threatened
by commercial, recreational, scientific, or educational uses. This
factor of the listing process continues not to be a threat to the
Florida golden aster at this time.
Disease or Predation
Grazing by domestic livestock was initially identified as a
stressor because the populations were on private lands and many of the
properties were in cattle production. However, at present the 25
populations on conservation lands are not subject to any agriculture
practices. No cattle grazing occurs on any of these properties. As to
the populations on private lands, acquisition of scrub habitat
containing Florida golden aster in Hardee County would allow proper
management of these tracts, as has been initiated on public lands in
Hillsborough County. Because Hardee County has extensive areas of
improved pasture and unimproved pasture, we will assess the effect of
cattle grazing on Florida golden aster habitat. Based on the
information obtained from this assessment, we will be able to provide
management recommendations to cattle ranchers to protect Florida golden
aster on private property (Bok Tower Gardens 2020, p. 879). Therefore,
we no longer consider grazing to be a threat.
Inadequacy of Existing Regulatory Mechanisms
The Florida Administrative Code 5B-40 (Preservation of Native Flora
of Florida) provides the Florida Department of Agriculture and Consumer
Services limited authority to protect plants on State and private lands
(primarily from the standpoint of illegal harvest). Florida golden
aster is listed as an Endangered Plant under this statute, which
requires anyone wishing to ``willfully harvest, collect, pick, remove,
injure, or destroy any plant listed as endangered growing on the
private land of another or on any public land or water'' to ``obtain
the written permission of the owner of the land or water or his legal
representative'' (FAC 5B-40.003(1)(a)). A permit is also required to
transport ``for the purpose of sale, selling, or offering for sale any
plant contained on the endangered plant list which is harvested from
such person's own property'' (FAC 5B-40.003(1)(c)). The delisting of
the Florida golden aster under the Act will not affect this State
listing.
A number of sites, consisting of thousands of plants, are now under
county and State protection. Specifically, Hillsborough County has
purchased considerable acreage through the Endangered Land Acquisition
and Protection Program (ELAPP), which contains several large
populations. In 1987, Hillsborough County passed the Environmentally
Sensitive Lands Ordinance that established the foundation for ELAPP.
This program applies to nine populations on six sites in Hillsborough
County. In 1990, this ordinance was amended and approved for another 20
years by increasing county taxes to allow additional funds to acquire
conservation lands. In November 2008, voters approved the issuance of
up to $200 million in bonds for additional purchases.
ELAPP has worked with the Southwest Florida Water Management
District and Florida Forever to jointly fund the acquisition of lands.
Some of this money is also used for ELAPP to actively manage their
properties to benefit Florida golden aster. Therefore, we find that the
existing regulatory mechanisms would provide sufficient protections to
the species and habitat after delisting, especially on public lands
with ordinance protection. Currently, 27 sites where the species occurs
are subject to Florida State law. These State and local protections
have proven effective. For example, prescribed burning will continue
through the ELAPP. Although we acknowledge that this could change in
the future, we do not anticipate any future changes to the
implementation of these programs at this time.
Other Natural or Manmade Factors Affecting Its Continued Existence
Our analyses under the Act include consideration of ongoing and
projected changes in climate. The terms ``climate'' and ``climate
change'' are defined by the Intergovernmental Panel on Climate Change
(IPCC). A recent compilation of climate change and its effects is
available from reports of the IPCC (IPCC 2014, entire). The term
``climate change'' thus refers to a change in the mean or variability
of one or more measures of climate (e.g., temperature or precipitation)
that persists for an extended period, typically decades or
[[Page 33182]]
longer, whether the change is due to natural variability, human
activity, or both (IPCC 2007, p. 78). Various types of changes in
climate can have direct or indirect effects on species. These effects
may be positive, neutral, or negative and they may change over time,
depending on the species and other relevant considerations, such as the
effects of interactions of climate with other variables (e.g., habitat
fragmentation) (IPCC 2007, pp. 8-14, 18-19). In our analyses, we use
our expert judgment to weigh relevant information, including
uncertainty, in our consideration of various aspects of climate change.
The IPCC concluded that the climate system is warming (Pachauri et
al. 2014, entire). Effects associated with changes in climate have been
observed, including changes in arctic temperatures and ice, widespread
changes in precipitation amounts, ocean salinity, and wind patterns and
aspects of extreme weather including droughts, heavy precipitation,
heat waves, and the intensity of tropical cyclones (Pachauri et al.
2014, entire). Species that are dependent on specialized habitat types,
limited in distribution, or at the extreme periphery of their range may
be most susceptible to the impacts of climate change (Byers and Norris
2011, entire; Anacker et al. 2013, pp. 193-210). However, while
continued change is certain, the magnitude and rate of change is
unknown in many cases. The magnitude and rate of change could be
affected by many factors (e.g., weather circulation patterns).
According to the IPCC, ``most plant species cannot naturally shift
their geographical ranges sufficiently fast to keep up with current and
high projected rates of climate change on most landscapes'' (IPCC 2014,
p. 13). Plant species with restricted ranges may experience population
declines as a result of the effects of climate change. The concept of
changing climate can be meaningfully assessed both by looking into the
future and reviewing past changes.
Using the National Climate Change Viewer and greenhouse gas
emission scenario Representative Concentration Pathway (RCP) 8.5, we
calculated projected annual mean changes in the period 1981-2010 to
those projected for 2025-2049 for maximum temperature, precipitation,
soil storage, and evaporative deficit in all counties where Florida
golden aster occurs (Adler and Hostetler 2017, entire). We also
calculated projected annual mean changes for a more conservative
greenhouse gas emission scenario (RCP 4.5) using the same timeframes
for maximum temperature, precipitation, soil storage, and evaporative
deficit in all counties where Florida golden aster occurs (Adler and
Hostetler 2017, entire). Based on these results, all 13 counties within
the range of Florida golden aster will be subjected to higher
temperatures (annual mean increase of 2.6 degrees Fahrenheit ([deg]F)
(RCP 4.5) or 2.9 [deg]F (RCP 8.5)) and slightly higher precipitation
(annual mean increase of 0.1 inch per month (RCP 4.5) or 0.2 inch per
month (RCP 8.5)) relative to the period of 1981-2010.
Additionally, climate change will likely influence Florida golden
aster into the future by affecting habitat suitability and the ability
to manage habitat with prescribed fire. Species that are dependent on
specialized habitat types, limited in distribution (e.g., Florida
golden aster), or at the extreme periphery of their range may be most
susceptible to the impacts of climate change (Byers and Norris 2011,
entire; Anacker et al. 2013, pp. 193-210). There is evidence that some
terrestrial plant populations have been able to adapt and respond to
changing climatic conditions (Franks et al. 2014, pp. 123-139). Both
plastic (phenotypic change such as leaf size or phenology) and
evolutionary (shift in allelic frequencies) responses to changes in
climate have been detected. Given enough time, plants can alter their
ranges, resulting in range shifts, reductions, or increases (Kelly and
Goulden 2008, pp. 11823-11826; Loarie et al. 2008, p. 2502).
The climate in the Southeastern United States has warmed about 2
[deg]F from a cool period in the 1960s and 1970s and is expected to
continue to rise (Carter et al. 2014, pp. 396-417). Projections for
future precipitation trends in the Southeast are less certain than
those for temperature are, but suggest that overall annual
precipitation will decrease, and that tropical storms will occur less
frequently, but with more force (more category 4 and 5 hurricanes) than
historical averages (Carter et al. 2014, pp. 396-417). Sea levels are
expected to rise globally, potentially exceeding 1 m of sea level rise
by 2100 (Reynolds et al. 2012, entire). Local sea level rise impacts
depend not only on how much the ocean level itself is increasing, but
also on land subsidence and/or changes in offshore currents (Carter et
al. 2014, pp. 396-417), and impacts on terrestrial ecosystems can occur
via submergence of habitat during storm surges or permanently, salt
water intrusion into the water table, and erosion. Of the current
populations of the Florida golden aster, only one (Fort De Soto County
Park, Pinellas County) is directly vulnerable to inundation from 0.3
meters of sea level rise, a reasonable estimate of sea level rise by
2050. Hotter and drier conditions in the future could lead to fewer
days with optimal conditions for prescribed burning, which could lead
to reduced habitat quality if land managers are unable to make up for
the lack of burning with adequate mechanical treatment.
It is possible that there will be increases in the number of
lightning strikes and sizes and severities of resulting fires, which
could have a positive or negative effect on specific Florida golden
aster populations. Hurricanes similarly could have positive or negative
effects on the species. Prolonged flooding could harm populations, but
the mechanical disturbance of trees being uprooted from flood events
could improve habitat for colonizing species like the Florida golden
aster (Menges and Johnson, pers. comm. 2017).
Other potential climate change effects include changes in
temperature and precipitation. Projections for future precipitation
trends in the Southeast are less certain than those for temperature,
but suggest that overall annual precipitation will decrease. Hotter and
drier conditions may complicate the ability to manage Florida golden
aster with prescribed fires. Some terrestrial plant populations have
been able to adapt and respond to changing climatic conditions (Franks
et al. 2013, entire). Both plastic (phenotypic change such as leaf size
or phenology) and evolutionary (shift in allelic frequencies) responses
to changes in climate have been detected. Both can occur rapidly and
often simultaneously (Franks et al. 2013, entire). However, relatively
few studies are available that (1) directly examine plant responses
over time, (2) clearly demonstrate adaptation or the causal climatic
driver of these responses, or (3) use quantitative methods to
distinguish plastic versus evolutionary responses (Franks et al. 2013,
entire).
As noted earlier, only one population (Fort De Soto County Park,
Pinellas County) is directly vulnerable to inundation from 0.3 meters
of sea level rise, a reasonable estimate of sea level rise by 2050. We
have no additional information or data regarding effects of climate
change with respect to the Florida golden aster populations into the
future; further research will be helpful to determine how this species
responds directly to changes in temperature and water availability.
However, from this information, we anticipate that effects to Florida
golden aster from climate change will be limited and will not rise to
the level of a threat.
[[Page 33183]]
Other influences not discussed in detail here, either because they
are not thought to be a major threat or there is little information
available, include invasive plant species like cogongrass (Imperata
cylindrica), and future genetic consequences of small and/or
translocated populations.
Synergistic Effects
Many of the stressors discussed in this analysis could work in
concert with each other and result in a cumulative adverse effect to
Florida golden aster, e.g., one stressor may make the species more
vulnerable to other threats.
Synergistic interactions are possible between effects of climate
change and effects of other threats, such as mowing, dumping, off-road
recreational vehicle use, and land clearing. However, we currently do
not have information to determine the likely effects of climate change
on interaction/competition between species, or on drought conditions.
Uncertainty about how different plant species will respond under a
changing climate makes projecting possible synergistic effects of
climate change on Florida golden aster speculative. However, the
increases documented in the number of populations since the species was
listed do not indicate that cumulative effects of various activities
and stressors are affecting the viability of the species at this time.
Based on our analysis of future stressors, we do not anticipate that
cumulative effects will affect the viability of the species in the
foreseeable future. Likewise, climate change, as discussed above, with
hotter and drier conditions can add additional complexity to future
prescribed burns. Available habitat in those tracts that are easier to
burn, and that can be managed by other methods (e.g., mechanical
manipulation) will be sufficient. Similarly, most of the potential
stressors we identified either have not occurred to the extent
originally anticipated at the time of listing or are adequately managed
as described in this proposal to delist the species. In addition, we do
not anticipate significant stressors to increase on publicly owned
lands or lands that are managed for the species.
Current Condition
Delineating Populations
For the SSA, we delineated populations using a 2-km separation
distance rule based on species expert opinion, resulting in 30
populations across 5 counties. This strategy differs from the 1-km
separation distance rule that was used in the most recent 5-year
review, which was based on NatureServe's default criteria for defining
plant populations (NatureServe 2004, entire). The team of species
experts providing input on the SSA suspected that 1 km is likely an
underestimate of the distances that gene flow can regularly occur via
pollination. While the exact insect pollinators of the Florida golden
aster are not known, studies on multiple bee species (major plant and
Chrysopsis pollinators) demonstrate foraging distances that regularly
exceed 1 km (Greenleaf et al. 2007, pp. 289-296; Hagler et al. 2011, p.
144).
Current Resiliency
Resiliency refers to the ability of populations to withstand
stochastic events, whether demographic, environmental, or
anthropogenic. Populations with low resiliency are highly vulnerable to
stochastic events and face a high risk of extirpation within the next
few decades. Populations with moderate resiliency are less likely to be
extirpated within the next few decades, but require additional growth
(with help of regular habitat management and/or restoration) to become
more self-sustaining and resilient to stochastic events. Populations
with high resiliency are unlikely to be extirpated within the next 30
years in the absence of catastrophes or significant declines in the
quality of habitat management. Populations with very high resiliency
are the most robust and resistant to stochastic fluctuations.
In the SSA, we assessed resiliency for each population using three
factors: Population size, habitat protection, and area of available
habitat. Other factors were considered that likely contribute to
population resiliency, but data were not available to assess them over
all or most of the populations including certain explicit measures of
habitat quality, fire management, existence of land management plans,
and population trends. While some past survey data are available for
many populations, species experts did not feel comfortable comparing
population counts across time periods. In many cases, differences in
population sizes were likely not a result of increasing populations,
but rather of differences in survey methodology, number of surveyors,
and/or areas searched (e.g., surveyors who were more likely to visit
known patches and not find new patches; alternately, a bias toward
larger counts over time as old patches are revisited and additional
patches are found). Nevertheless, we are confident that this population
data demonstrates resiliency of the species. Regardless, this species
has not been extensively studied; therefore, there was some uncertainty
in the SSA in precisely how these factors influenced the Florida golden
aster population resiliency.
Population Size
Population size is both a direct contributor to resiliency and an
indirect indicator of resiliency. Small populations are more
susceptible to demographic and environmental stochastic events than
larger populations. Small populations are also more likely to suffer
from decreased fitness as a result of low genetic diversity from
inbreeding or genetic drift (Willi et al. 2005, pp. 2255-2265). For
Florida golden aster, large populations are more buffered from the
effects of prescribed burning or other disturbances, which are
necessary to maintain open habitat, but can temporarily reduce
population sizes by killing plants. Indirectly, large population sizes
are likely indicative of other conditions that contribute to population
resiliency. For example, in the SSA, we did not have adequate data to
assess habitat quality and the quality of management at all the Florida
golden aster populations; therefore, we assumed large population sizes
likely generally reflected good habitat quality and management (among
other factors) compared to smaller populations, though this assumption
may not hold in all cases.
We categorized populations into 4 size classes: <100 individuals,
100-500 individuals, 501-1,000 individuals, and >1,000 individuals.
Each population size class was associated with one of the following
baseline resiliency classes, respectively: Low, moderate, high, and
very high (explained further below).
We chose the population size threshold between high and very high
resiliency of 1,000 individuals because it is the typical population
size used to rank element occurrences as having ``excellent viability''
and likely to persist for the next 20-30 years (NatureServe 2008,
entire). This is a generic population size limit that was not
specifically tailored to Florida golden aster with empirical data.
Further support for using 1,000 individuals as the threshold for the
highest resiliency category came from a study of 10-year extirpation
rates for populations of varying sizes of 8 short-lived plant species
in Germany (Matthies et al. 2004, pp. 481-488). In this study, for 7 of
8 species, the probability of population persistence increased with
population size, and all populations of more than 1,000 individuals
(flowering plants) persisted for the duration of the 10-year study.
[[Page 33184]]
We obtained the most recent size data for all 30 populations, with
data collected as recently as 2018 for some populations, and no older
than 2006 for any population. Population sizes have undoubtedly changed
since the last surveys for those populations that have not been
surveyed as recently, as populations fluctuate in response to
management actions, time since management, environmental events,
stochastic demographic processes, etc. Thus, the reported numbers
reflect best available estimates for population sizes, rather than
precise counts meant to represent actual current population sizes.
According to the SSA, population sizes included all plants counted,
whether flowering or not. Survey data for some populations provided
separate counts for each life stage, but for many populations, survey
data were simply numbers with no information about whether that number
was only flowering plants, or all plants (USFWS 2017, p. 22). Using
total plant numbers, and assuming that ambiguous counts were minimum
counts of total plants in each population, we were conservative in our
population counts. The alternative of assuming that ambiguous counts
were of only flowering adult plants, when they may have included basal
rosettes, would inflate population sizes in cases where the assumption
was wrong.
Habitat Protection
Habitat was considered ``protected'' if it was acquired in fee
simple and placed into long-term conservation by a nongovernmental,
local, State, or Federal entity, or a binding land agreement. Protected
sites have management plans developed and being implemented. The effect
of the degree of habitat protection on resiliency is discussed below.
Habitat Area Available
The Florida golden aster population sizes fluctuate, and can occur
in high densities in small patches of habitat. However, as a general
rule of thumb, for a given population size, a population covering a
large area will be more resilient than a population covering a small
area. A perturbation of the same size will have a proportionally larger
effect on small-area populations than large-area populations. In
assessing population resiliency, we considered the amount of habitat
available rather than the amount of habitat occupied for two reasons.
First, the amount of area occupied was very uncertain for most
populations. Surveys are likely to return to known patches of the
Florida golden aster, but new patches can be easily missed and it is
likely that the data we had underestimates the true amount of area
occupied by the Florida golden aster. Adding to the uncertainty, the
most current spatial data for some populations came from 2006, and may
no longer reflect the current distribution at those sites. Second,
population footprints are not always static across available habitat;
the Florida golden aster can spread into unoccupied areas as
populations grow, or shift across a landscape as different areas become
more or less suitable or both. For this reason, we used the amount of
habitat available for populations to occupy currently, grow into, or
shift into as a factor contributing to population resiliency. We
identified available habitat within a 2-km radius around known
occurrences, consistent with the assumption we made about pollinator
movement when delineating populations. We characterized the available
habitat for populations as small or large, with 14.2 hectares as the
threshold between the two groups. This value was selected based on
natural breaks in the data and expert input.
Classifying Resiliency Based on the Selected Factors
Resiliency classes were based primarily on population size as
described above, with four resiliency classes corresponding to four
population size categories. Populations with fewer than 100 individuals
were determined to have low resiliency. Within the three higher
population size categories (100-500, 501-1,000, and >1,000 plants),
populations were assigned a baseline resiliency score associated with
their population size (moderate, high, or very high, respectively).
This baseline score could then be lowered by either of the two other
factors, habitat protection and habitat area available (Table 1).
Table 1--Strategy for Assigning Current Resiliency Scores to Populations of Florida Golden Aster
----------------------------------------------------------------------------------------------------------------
Population size (# plants) Habitat protected Habitat not protected Habitat area available
----------------------------------------------------------------------------------------------------------------
<100................................ Low Small.
Large.
--------------------------------------------------
100-500............................. Low.................... Low.................... Small.
Moderate............... Low.................... Large.
501-1,000........................... Moderate............... Moderate............... Small.
High................... Moderate............... Large.
>1,000.............................. High................... High................... Small.
Very High.............. High................... Large.
----------------------------------------------------------------------------------------------------------------
Populations that occur on non-protected lands were assigned to the
resiliency class one step lower than they would if they were on
protected lands. By doing this, we did not mean to discount the
importance of populations on non-protected lands to the viability of
the species or imply that owners of these parcels are managing the land
poorly or are harming the Florida golden aster. Large populations of
Florida golden aster can be supported on private lands. For example,
when private landowners burn pasture to improve forage for cattle, they
may improve habitat for Florida golden aster. However, even large
populations of fire-adapted scrub plants can rapidly decline due to
poor management (e.g., Polygal lewtonii, Weekley and Menges 2012,
entire; Warea carteri, Quintana-Ascenscio et al. 2011, entire), and
these lands that are not protected for conservation are at higher risk
of changes in management or land use that could harm Florida golden
aster populations. For populations that extend across property
boundaries and contain individuals occurring on both protected and non-
protected lands, we used the protection status that applied to the
majority of individuals to classify the entire population.
Populations occupying or surrounded by a small area of available
habitat were assigned to the resiliency class one step lower than they
would if they existed within a larger area of available habitat, as
they are less able to withstand and
[[Page 33185]]
recover from perturbations or shift across a landscape as habitat
quality changes. For any populations experiencing both of these
resiliency-reducing conditions (small habitat area on non-protected
lands), their resiliency score was only reduced one step rather than
being reduced twice, once for each factor. The Duette populations were
the most recently introduced populations (2013). They have been growing
rapidly and are surrounded by ample habitat and little to no
development; therefore, these two populations were projected to
increase from high to very high resiliency.
Summaries of the 30 delineated populations and their resiliency
scores can be found in the SSA and in Table 2, below. In conclusion,
resiliency scores remained stable.
Table 2--Summary of Current Resiliency Scores by Protected Status for Florida Golden Aster
----------------------------------------------------------------------------------------------------------------
All
Resiliency class populations Protected Not protected
----------------------------------------------------------------------------------------------------------------
Very High....................................................... 7 7 0
High............................................................ 11 10 1
Moderate........................................................ 6 5 1
Low............................................................. 6 3 3
----------------------------------------------------------------------------------------------------------------
Current Redundancy and Representation
Redundancy for Florida golden aster is naturally low because it is
an endemic species with a narrow range around the Tampa Bay region in
Florida and Hardee County farther inland (with one population just
across the border in Highlands County). The entire species' range spans
five counties, with half of the populations occurring in Hillsborough
County (Figure 2). The longest distance between two populations is 131
km. However, as this is a narrow-ranging endemic, the spatial
distribution of populations across its range does confer a moderate
amount of redundancy, defined as the ability of the species to
withstand catastrophic events. Catastrophic events could include, among
others, too frequent fires, droughts, disease outbreaks, or hurricanes
with prolonged flooding, each of which have impacts at a different
spatial scale. No information is known about seedbank resiliency in the
soil for this species; without knowing this, it is difficult to predict
long-term impacts of catastrophes.
The 30 known populations are distributed in 3 main groupings. There
is about 20-30 km between each of the groupings, providing a buffer
around each that may protect them from catastrophic events affecting
the others (e.g., disease outbreak, depending on transmission type and
vectors). Within each geographic cluster, there are at least two highly
or very highly resilient populations, which could serve as sources to
naturally recolonize populations lost to catastrophic events. The
Hardee-Highlands cluster has the lowest redundancy (two moderately
resilient populations, six populations total) and is the most isolated
from the other clusters. The Pinellas cluster has the next lowest
redundancy of resilient populations (3 highly resilient populations, 4
populations total), and the Hillsborough-Manatee cluster has the
highest redundancy (13 resilient populations, 20 populations total).
Another factor contributing to redundancy is the wide range of property
ownership; with so many managing entities, the species as a whole is
buffered against poor management of any one entity (e.g., due to budget
issues or changing priorities). Based on the spatial distribution of
resilient populations managed by a variety of entities across a narrow
range, current redundancy is considered qualitatively to be low to
moderate. Rather than solely relying on this rather subjective
classification in assessing the current viability of the species
characterizing current redundancy is most useful in comparison to
redundancy under the future scenarios.
[[Page 33186]]
[GRAPHIC] [TIFF OMITTED] TP24JN21.003
Representative units for this species could not be defined based on
available data, with representation defined as the ability of the
species to adapt to changing environmental conditions. Species experts
contributing to the SSA suspect that there might be representative
units with different genetic adaptations associated with soil
differences, elevation above the water table, fire regime, or habitat
structure. However, there are no data currently to confirm or refute
these hypotheses. Genetic studies have found little to no genetic
clustering among populations, with 80 percent of observed genetic
variation occurring within populations, and only 20 percent of the
variation attributable to between-population differences (Markham
1998). These results support the existence of a single representative
unit for the species. However, that study did not examine genetic
markers known to be associated with adaptive traits. Vital rates and
morphology were observed to differ between individuals from different
source populations that were grown at Bok Tower Gardens and introduced
to other sites (Campbell 2008). This observation provides evidence that
there might be adaptive differences between different ``types'' of the
Florida golden aster across the species' range. However, without any
firm evidence to define representative units, we refrain from doing so
here. Future research on the Florida golden aster genetics and life
history and habitat differences can provide a more definitive basis for
defining representative units in future iterations of the SSA.
Future Condition--Analytical Framework
For the SSA, we developed three plausible future scenarios under
which to capture the breadth of all likely future variability and
assess the future viability of Florida golden aster in terms of
resiliency, redundancy, and representation. Based on expert opinion,
the lifespan of the Florida golden aster, ideal fire-return intervals
(at least every 10 years), uncertainty about future conditions, and
lack of knowledge about aspects of Florida golden aster ecology, we
chose to project populations 20 years into the future under each
scenario, although some of these projections could be reasonably
expected to continue for some time after the 20 years. With
approximately 30 years of real data and trends, we project that the
same trends will continue into the future for about 20 to 30 years. The
three hypothetical future scenarios are Status Quo, Pessimistic, and
Targeted Conservation.
In considering development as a threat, for our 20-year future
projection we used the SLEUTH (Slope, Land use, Excluded, Urban,
Transportation and Hillshade; Jantz et al., 2010, p. 34:1-16) data sets
from the years 2020 and 2040 and examined the area predicted, with at
least 80 percent probability, to be urbanized. The most important
factors identified by species experts to consider into the future were
habitat quantity and quality.
Therefore, our assessment was both quantitative, calculating the
area within the 5-km buffer surrounding each population that was
urbanized at each time point, and qualitative, inspecting the
distribution of urbanization and major roads within that area (e.g., is
the urbanization concentrated to one side of the population or
completely surrounding it?).
With both the quantitative and qualitative assessments, we
categorized populations as having either low risk or high risk of
development impacting management for Florida golden aster. We defined
high risk of impacting management as >50 percent chance of negatively
impacting management, and <50 percent for low risk. Populations
classified as having low risk from development averaged 7.9 percent
developed area within the 5-km buffer by 2040, with a range of 0 to 39
percent
[[Page 33187]]
developed. Populations classified as having high risk from development
averaged 45.5 percent developed area within the same buffer, ranging
from 23 to 85 percent. For three populations with a percent of
developed area in the overlapping range between the two categories (23
to 39 percent developed), the deciding factor between low risk and high
risk was the distribution of development and roads around the
population.
Habitat Quantity
Habitat quantity can be negatively impacted by development or land
use change (particularly on private lands) or positively impacted by
land acquisition, restoration, and introductions into unoccupied sites
that already have presumably suitable habitat.
Habitat Quality
Habitat quality is closely tied to active habitat management to
maintain openness either by prescribed burning or by other types of
management. In constructing our scenarios, we considered two avenues by
which future habitat management can be influenced, the level of habitat
management effort and the amount and type of development near the
Florida golden aster populations (to the extent the development affects
the ability to conduct management actions, such as prescribed burns).
First, the managing entities can choose their desired level of
management effort by implementing (or not) a management plan or by
allocating funding or personnel to or away from habitat management
among competing priorities and limited resources. For our scenarios, we
allowed for three levels of habitat management effort by managing
entities. The first was management for stability, a moderate level of
management that would be expected to maintain populations at their
current size. The other two management levels were an increase, or a
decrease, compared to management for stability. An increase in
management effort would be expected to grow populations, while a
decrease in management would be expected to result in population
declines.
The second avenue by which future habitat management can be
influenced is development, particularly major roads and types of
development associated with ``vulnerable'' human populations (e.g.,
schools, hospitals). This kind of development surrounding habitat
limits management via prescribed burns by limiting the days that burns
can take place--weather conditions have to align to ensure proper smoke
management. For example, if a population is surrounded by nearby
development to the north and west, it can only be burned when the wind
is blowing to the south and east. As more development surrounds
populations, there is less flexibility for prescribed burns. However,
the appropriate radius around populations within which development
might impact management ranges from 0.8 km up to 8.0 km as the
appropriate radius depends on a variety of factors for each burn,
including the type of development, temperature, humidity, wind
conditions, size of the planned burn, risk tolerance of those
implementing the burn, and other factors. For the SSA, we chose an
intermediate value, 5 km, in which to examine current and predicted
future development. In choosing this concrete value, we acknowledged
that this number is in reality quite variable, and some burns will need
to consider areas greater or less than 5 km away, but this value
allowed us to gain a general understanding of the risks of development
on managing surrounding populations.
Within a 5-km radius around the Florida golden aster occurrences,
we used geographic information systems (GIS) to examine current and
projected urbanization and roads. Urbanization data came from the
SLEUTH model, and road data was available from the Florida Department
of Transportation. The SLEUTH model has previously been used to predict
probabilities of urbanization across the Southeastern United States in
10-year increments, and the resulting GIS data are freely available
(Belyea and Terrando 2013, entire). For our 20-year future projection,
we used the SLEUTH data sets from the years 2020 and 2040 and examined
the area predicted, with at least 80 percent probability, to be
urbanized. Our assessment was both quantitative, calculating the area
within the 5-km buffer surrounding each population that was urbanized
at each time point, and qualitative, inspecting the distribution of
urbanization and major roads within that area (e.g., is the
urbanization concentrated to one side of the population or completely
surrounding it?). With this quantitative and qualitative assessment, we
categorized populations as having either a low risk or a high risk of
development impacting the ability to manage the population.
These two aspects of future management--(1) management resources
and willingness of the entity to manage and (2) impacts of surrounding
development on management--interacted in our future scenarios in the
following way: with decreases in management effort (compared to
management for stable populations), population resiliency decreased one
level. With management for stability, population resiliency stayed the
same as the current condition resiliency when there was low risk of
development impacts; but where there was a high risk, resiliency
decreased one level, reflecting that management will be more
challenging with higher risk from development. With increases in
management effort, population resiliency increased when there was low
risk of development impacts, but stayed the same when there was a high
risk; the increased management effort canceled out the increased risk
caused by development.
Future Condition--Future Scenarios
Status Quo
Under the Status Quo scenario, no new protected areas were acquired
and no new populations were introduced. Management efforts for all
populations were maintained at current levels, assuming that the
ability to manage would not be hampered by funding or political issues,
climate change, or other factors. As discussed above, currently there
are 30 known extant populations, natural and introduced, occurring in 5
counties (Hardee, Highlands, Hillsborough, Manatee, and Pinellas). Of
these, 25 populations occur entirely or mostly on 22 protected sites,
``protected'' referring to a site that was acquired in fee simple and
placed into long-term conservation by a nongovernmental, local, State,
or Federal entity, or a conservation easement or other binding land
agreement by the site owner that shows a commitment to its conservation
in perpetuity, and this scenario assumes that that commitment will be
honored. Of the introductions since 2008, all had reached sizes >1,000
plants except for the populations at Duette Preserve (2 populations,
North and South).
Pessimistic
Under the Pessimistic scenario, management effort on all
populations decreased, presumably as an effect of a wide-scale change
in priorities or resources, resulting in a drop in resiliency scores
across the board. Additionally, based on uncertainty in whether
populations on non-protected lands would continue to be managed in a
way that is compatible with continued Florida golden aster persistence,
in this scenario all populations on non-protected lands were assumed to
be lost due to presumed land use or management change. As with the
Status
[[Page 33188]]
Quo scenario, no new protected areas were acquired, and no new
populations were introduced.
Targeted Conservation
Under the Targeted Conservation scenario, populations with high and
very high resiliency were managed to maintain their rank; in cases
where populations had a high risk of development limiting the ability
to manage, this involved an increase in management effort compared to
what would be needed to maintain the same level of resiliency for a
population with a low risk of development impacts. Populations with
currently moderate resiliency on protected lands received management
effort increases to either move them into the high-resiliency class
(low risk from development) or maintain moderate resiliency (high risk
from development). Conservation resources were steered towards
maintaining and growing these larger populations, and not as much
towards rescuing populations that currently have low resiliency.
Additionally, five new sites were selected across the species' range in
which to introduce new populations, thus improving species redundancy.
Likelihood of Scenarios
Of these three scenarios, the Status Quo scenario is the most
likely to occur, although the Targeted Conservation scenario represents
a likely future if both habitat-focused management (prescribed burning
and mechanical or manual habitat management) by a variety of partners/
managing entities and species-specific conservation (captive
propagation and introductions) are prioritized and well-funded. The
Pessimistic scenario was unlikely; given that Florida golden aster
populations span so many different ownerships, it is unlikely that all
of the different managing entities will develop the land especially
when there are other co-occurring threatened, endangered, and candidate
species occupying the same habitat (e.g., Florida scrub-jay, Aphelocoma
coerulescens; eastern indigo snake, Drymarchon couperi; gopher
tortoise, Gopherus polyphemus). The Targeted Conservation scenario was
not likely with current conservation resources, but could reflect a
likely future if both habitat-focused management (e.g., prescribed
burning) by a variety of partners/managing entities and species-
specific conservation (e.g., captive propagation and introductions) are
prioritized and well-funded.
Future Resiliency
Future (20 years) resiliency of Florida golden aster populations
under three scenarios was summarized in the SSA (Table 3). As implied
by the scenario name, resiliency of populations under the Pessimistic
scenario was predicted to be poor, with only 7 highly resilient
populations, a decrease from 18 currently highly or very highly
resilient populations. Under the Status Quo scenario, we expected
resiliency to drop to 12 highly or very highly resilient populations
due solely to the effect of development limiting the ability to
adequately manage habitat. Under the Targeted Conservation scenario,
focused management and conservation efforts to counteract detrimental
effects of urbanization, grow existing populations, and introduce new
populations were expected to result in significant gains in resilient
populations, with an increase from 18 to 27 highly or very highly
resilient populations expected.
Table 3--Summary of Resiliency Scores Tallied Across All Populations of Florida Golden Aster for the Current
Condition and Future Condition Under Three Hypothetical Scenarios: Status Quo, Pessimistic, and Targeted
Conservation
----------------------------------------------------------------------------------------------------------------
Targeted
Resiliency class Current Status quo Pessimistic conservation
----------------------------------------------------------------------------------------------------------------
Very High....................................... 7 4 0 9
High............................................ 11 8 7 18
Moderate........................................ 6 11 11 2
Low............................................. 6 3 5 2
Likely Extirpated............................... NA 4 7 4
----------------------------------------------------------------------------------------------------------------
Future Redundancy and Representation
Redundancy 20 years in the future was expected to decrease compared
to current condition under the Status Quo and Pessimistic Scenarios. In
all scenarios, the majority of highly and very highly resilient
populations were found in Hillsborough and Manatee Counties. All
redundancy of highly resilient populations in Pinellas County and the
Hardee and Highlands Counties cluster is lost under the Pessimistic
scenario. In the Status Quo scenario, where drops in resiliency were
due to development risks to management, no highly resilient populations
remained in the heavily urbanized Pinellas County. Even in the Targeted
Conservation Scenario, redundancy within Pinellas County did not
improve, but both the number and distribution of highly resilient
populations in the other two clusters did improve.
As in the Current Condition section of this preamble, we did not
assess representation in the future due to a present lack of
information needed to delineate representative units.
Recovery Criteria
Section 4(f) of the Act directs us to develop and implement
recovery plans for the conservation and survival of endangered and
threatened species unless we determine that such a plan will not
promote the conservation of the species. Recovery plans must, to the
maximum extent practicable, include ``objective, measurable criteria
which, when met, would result in a determination, in accordance with
the provisions [of section 4 of the Act], that the species be removed
from the list.''
Recovery plans provide a roadmap for us and our partners on methods
of enhancing conservation and minimizing threats to listed species, as
well as measurable criteria against which to evaluate progress towards
recovery and assess the species' likely future condition. However, they
are not regulatory documents and do not substitute for the
determinations and promulgation of regulations required under section
4(a)(1) of the Act. A decision to revise the status of a species, or to
delist a species is ultimately based on an analysis of the best
scientific and commercial data available to determine whether a species
is no longer an endangered species or a threatened species, regardless
of whether that information differs from the recovery plan.
[[Page 33189]]
There are many paths to accomplishing recovery of a species, and
recovery may be achieved without all of the criteria in a recovery plan
being fully met. For example, one or more criteria may be exceeded
while other criteria may not yet be accomplished. In that instance, we
may determine that the threats are minimized sufficiently and that the
species is robust enough that it no longer meets the definition of an
endangered species or a threatened species. In other cases, we may
discover new recovery opportunities after having finalized the recovery
plan. Parties seeking to conserve the species may use these
opportunities instead of methods identified in the recovery plan.
Likewise, we may learn new information about the species after we
finalize the recovery plan. The new information may change the extent
to which existing criteria are appropriate for identifying recovery of
the species. The recovery of a species is a dynamic process requiring
adaptive management that may, or may not, follow all of the guidance
provided in a recovery plan.
The recovery plan for the Florida golden aster was issued by the
Service on August 29, 1988. The primary objective of the recovery plan
was to provide sufficient habitat for the Florida golden aster, both
through protection of the sites and proper vegetation management. The
plan called for establishment of new populations of the species.
Reclassification of this species to threatened could be considered if
10 geographically distinct populations were established in its 3 native
counties. Delisting could be considered if 20 such populations were
secured (USFWS 1988, p. 3). Currently, Florida golden aster occurs in
30 geographically distinct populations across 5 counties, and 18 of
these populations are high or very high resiliency, as consistent with
delisting criteria (see Table 2 in discussion above).
Determination of Florida Golden Aster Status
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of ``endangered species'' or
``threatened species.'' The Act defines an endangered species as a
species that is ``in danger of extinction throughout all or a
significant portion of its range,'' and a threatened species as a
species that is ``likely to become an endangered species within the
foreseeable future throughout all or a significant portion of its
range.'' For a more detailed discussion on the factors considered when
determining whether a species meets the definition of an endangered
species or a threatened species and our analysis on how we determine
the foreseeable future in making these decisions, please see Analytical
Framework, above.
Status Throughout All of Its Range
After evaluating threats to the species and assessing the
cumulative effect of the threats under section 4(a)(1) factors, we find
that the present or threatened destruction, modification, or
curtailment of its habitat (Factor A), which was the basis for listing
the species, is no longer a threat. At the time of listing, Florida
golden aster was thought to persist only in Hillsborough County. Now,
the species is known to occur in four additional counties: Hardee,
Highlands, Mantee, and Pinellas Counties. While destruction and
modification of habitat is still the primary threat, its magnitude has
been greatly reduced since listing. Further, under the recovery plan
for the species, delisting could be considered if 20 populations were
secured. The number of known extant populations (NatureServe 2004) has
increased from 9 (1986) to 30 (2017) as a result of additional surveys,
habitat restoration, and outplanting within the historical range of the
species. Of those 30 populations, 25 are located on protected
conservation lands, 22 of which have been determined to have at least
moderate resiliency. We expect current levels of management to continue
on these conservation lands at these locations and anticipate the
number of individuals within the populations to increase. Thus, after
assessing the best available information, we conclude that the Florida
golden aster no longer meets the Act's definition of an endangered
species.
For the determination of whether the species is likely be become
endangered within the foreseeable future throughout all of its range,
and thus meet the definition of a threatened species, we considered the
``foreseeable future'' as 20 years into the future under the three
hypothetical future scenarios. Under all three scenarios evaluated,
Florida golden aster is expected to continue to persist across its
currently known range. Under the status quo scenario, which is also the
most likely to occur, 12 populations are projected to be high/very high
resiliency and 11 moderate--across all 3 geographic clusters, as
habitat modification is no longer a threat for the populations on
protected lands and current management of those lands is expected to
continue. Four populations (3 natural and 1 introduced), currently in
low condition are projected to become extirpated. Even under the
Pessimistic scenario, which is least likely to occur, 7 populations are
projected to be in high condition and 11 in moderate condition, all on
protected lands with conservation management expected to continue at
some level. Given that the majority of populations projected to remain
extant, and with at least moderate resiliency, at the end of the
projection period are on protected lands managed for scrub habitat, it
is unlikely the species will become endangered in the foreseeable
future throughout all of its range.
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. Because we have determined that the species is not in danger
of extinction or likely to become so in the foreseeable future
throughout all of its range, we will consider whether there are any
significant portions of its range in which the species is in danger of
extinction or likely to become so in the foreseeable future--that is,
whether there is any portion of the species' range for which both (1)
the portion is significant; and, (2) the species is in danger of
extinction now or likely to become so in the foreseeable future in that
portion. Depending on the case, it might be more efficient for us to
address the ``significance'' question or the ``status'' question first.
Regardless of which question we address first, if we reach a negative
answer with respect to the first question for a certain portion of the
species' range, we do not need to evaluate the other question for that
portion of the species' range.
For Florida golden aster, we chose to evaluate the status question
(i.e., identifying portions where Florida golden aster may be in danger
of extinction or likely to become so in the foreseeable future) first.
We considered whether the threats are geographically concentrated in
any portion of the species' range at a biologically meaningful scale
now or in the foreseeable future. We examined the following threats:
Development and climate change, including cumulative effects.
Currently, there are 30 known extant Florida golden aster populations
occurring in 5 counties (Hillsborough, Manatee, Pinellas, Highlands,
and Hardee Counties) with 25 of these populations occurring on
conservation lands (Federal, State, and conservation
[[Page 33190]]
easements). Climate change, as discussed above, is primarily acting
upon the species across its range, except for sea level rise, which
would only potentially affect one population at Fort De Soto County
Park in Pinellas County. As this would potentially impact just a single
population out of 30 populations, we do not consider this concentration
of threats to be at a biologically meaningful scale.
Although development is currently concentrated in Pinellas County,
that activity would negatively impact in the foreseeable future only
five populations, which occur on private lands or along roadways or
railroad lines. However, two of these populations have high and
moderate resiliency (the remaining three populations have low
resiliency), and this pattern will continue in the future. The Pinellas
County populations are currently in low condition, and some may become
extirpated in the foreseeable future due to development. Therefore, our
examination leads us to find that there is substantial information that
the Pinellas County populations may become in danger of extinction
within the foreseeable future.
We then proceeded to consider whether this portion of the range
(i.e., the Pinellas County populations) is significant. For the
purposes of this analysis, the Service is considering significant
portions of the range by applying any reasonable definition of
``significant.'' We assessed whether any portions of the range may be
biologically meaningful in terms of the resiliency, redundancy, or
representation of the entity being evaluated. This approach is
consistent with the Act, our implementing regulations, our policies,
and case law.
Currently, the Pinellas County populations are introduced
populations and represent a small portion (less than 10 percent based
on current extant populations) of the species' range. Further, these
populations were all introduced after listing (i.e., are not naturally
occurring populations) and are not contributing much to the viability
of the species. If these populations become extirpated, the Florida
golden aster would lose some redundancy, but the loss of this portion
of the species' range would still leave sufficient resiliency
(populations with moderate to high resiliency), redundancy, and
representation in the remainder of the species' range such that it
would not notably reduce overall viability of the species. Therefore,
these populations do not represent a significant portion of the
species' range.
We conclude that the Florida golden aster is not in danger of
extinction nor likely to become so in the foreseeable future in a
significant portion of its range. This approach is consistent with the
courts' holdings in Desert Survivors v. Department of the Interior, No.
16-cv-01165-JCS, 2018 WL 4053447 (N.D. Cal. Aug. 24, 2018), and Center
for Biological Diversity v. Jewell, 248 F. Supp. 3d, 946, 959 (D. Ariz.
2017).
Determination of Status
Our review of the best available scientific and commercial data
available indicates that Florida golden aster is not in danger of
extinction nor likely to become endangered within the foreseeable
future throughout all or a significant portion of its range. Therefore,
we find that Florida golden aster does not meet the definition of an
endangered or threatened species, and we propose to remove Florida
golden aster from the List.
Effects of This Proposed Rule
This proposal, if made final, would revise 50 CFR 17.12(h) to
remove Florida golden aster from the Federal List of Endangered and
Threatened Plants. The prohibitions and conservation measures provided
by the Act, particularly through sections 7 and 9, would no longer
apply to this species. Federal agencies would no longer be required to
consult with the Service under section 7 of the Act in the event that
activities they authorize, fund, or carry out may affect Florida golden
aster. There is no critical habitat designated for this species.
Post-Delisting Monitoring
Section 4(g)(1) of the Act requires us to monitor for not less than
5 years the status of all species that are delisted due. Post-delisting
monitoring (PDM) refers to activities undertaken to verify that a
species delisted due to recovery remains secure from the risk of
extinction after the protections of the Act no longer apply. The
primary goal of PDM is to monitor the species to ensure that its status
does not deteriorate, and if a decline is detected, to take measures to
halt the decline so that proposing it as a threatened or endangered
species is not again needed. If at any time during the monitoring
period, data indicate that protective status under the Act should be
reinstated, we can initiate listing procedures, including, if
appropriate, emergency listing. At the conclusion of the monitoring
period, we will review all available information to determine if re-
listing, the continuation of monitoring, or the termination of
monitoring is appropriate.
Section 4(g) of the Act explicitly requires that we cooperate with
the States in development and implementation of PDM programs. However,
we remain ultimately responsible for compliance with section 4(g) and,
therefore, must remain actively engaged in all phases of PDM. We also
seek active participation of other entities that are expected to assume
responsibilities for the species' conservation after delisting.
Concurrent with this proposed delisting rule, we announce the draft
PDM plan's availability for public review at https://www.regulations.gov
under Docket Number FWS-R4-ES-2019-0071. We seek information, data, and
comments from the public regarding Florida golden aster and the PDM
plan. We are also seeking peer review of the draft PDM plan
concurrently with this comment period. We anticipate finalizing the PDM
plan, considering all public and peer review comments, prior to making
a final determination on the proposed delisting rule.
Required Determinations
Clarity of the Proposed Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all proposed rules in
plain language. This means that each proposed rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help
revise the proposed rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act need not be prepared in connection with
determining and implementing a species' listing status under the
[[Page 33191]]
Endangered Species Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and the Department
of the Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
Tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes. There are no Tribal interests affected
by this proposal.
References Cited
A complete list of references cited is available on the internet at
https://www.regulations.gov under Docket Number FWS-R4-ES-2019-0071.
Authors
The primary authors of this proposed rule are staff members of the
Service's Southeastern Region Recovery Team and the North Florida
Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245,
unless otherwise noted.
Sec. 17.12 [Amended]
0
2. Amend Sec. 17.12(h) by removing the entry for ``Chrysopsis
floridana'' under ``Flowering Plants'' on the List of Endangered and
Threatened Plants.
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-12741 Filed 6-23-21; 8:45 am]
BILLING CODE 4333-15-P