Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Short-Tailed Snake, 68070-68093 [2023-21667]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Proposed Rules]
[Pages 68070-68093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21667]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2023-0158; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BG40


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status With Section 4(d) Rule for Short-Tailed Snake

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the short-tailed snake (Lampropeltis extenuata), a snake species 
from peninsular Florida, as a threatened species under the Endangered 
Species Act of 1973, as amended (Act). This determination also serves 
as our 12-month finding on a petition to list the short-tailed snake. 
After a review of the best available scientific and commercial 
information, we find that listing the species is warranted. 
Accordingly, we propose to list the short-tailed snake as a threatened 
species with a rule issued under section 4(d) of the Act (``4(d) 
rule''). If we finalize this rule as proposed, it would add this 
species to the List of Endangered and Threatened Wildlife and extend 
the Act's protections to the species.

DATES: We will accept comments received or postmarked on or before 
December 4, 2023. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES,

[[Page 68071]]

below) must be received by 11:59 p.m. eastern time on the closing date. 
We must receive requests for a public hearing, in writing, at the 
address shown in FOR FURTHER INFORMATION CONTACT by November 17, 2023.

ADDRESSES: Written comments: You may submit comments 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-2023-0158, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R4-ES-2023-0158, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: Supporting materials, such as 
the species status assessment report, are available on the Service's 
website at https://www.fws.gov/office/florida-ecological-services/library and at https://www.regulations.gov under Docket No. FWS-R4-ES-
2023-0158.

FOR FURTHER INFORMATION CONTACT: Lourdes Mena, Classification and 
Recovery Division Manager, U.S. Fish and Wildlife Service, Florida 
Ecological Services Office, 7915 Baymeadows Way, Suite 200, 
Jacksonville, FL 32256-7517; telephone: 352-749-2462. Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States. 
For a summary of the rule, please see the ``rule summary document'' in 
docket FWS-R4-ES-2023-0158 on https://www.regulations.gov.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act (16 U.S.C. 1531 et 
seq.), a species warrants listing if it meets the definition of an 
endangered species (in danger of extinction throughout all or a 
significant portion of its range) or a threatened species (likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range). If we determine that a 
species warrants listing, we must list the species promptly and 
designate the species' critical habitat to the maximum extent prudent 
and determinable. We have determined that the short-tailed snake meets 
the Act's definition of a threatened species; therefore, we are 
proposing to list it as such. Listing a species as an endangered or 
threatened species can be completed only by issuing a rule through the 
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
    What this document does. We propose to list the short-tailed snake 
as a threatened species with a rule issued under section 4(d) of the 
Act.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species because of any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. We have determined that the short-tailed snake is 
a threatened species due to the following threats: loss and degradation 
of habitat from urbanization and other historical and ongoing land use 
changes (such as agriculture and mining) and lack of habitat management 
(such as lack of prescribed fire in an ecosystem-appropriate interval). 
The effects of climate change are also likely to exacerbate the impact 
of other threats on the short-tailed snake.
    Section 4(a)(3) of the Act requires the Secretary of the Interior 
(Secretary), to the maximum extent prudent and determinable, to 
designate critical habitat concurrent with listing. Section 3(5)(A) of 
the Act defines critical habitat as (i) the specific areas within the 
geographical area occupied by the species, at the time it is listed, on 
which are found those physical or biological features (I) essential to 
the conservation of the species and (II) which may require special 
management considerations or protections; and (ii) specific areas 
outside the geographical area occupied by the species at the time it is 
listed, upon a determination by the Secretary that such areas are 
essential for the conservation of the species. Section 4(b)(2) of the 
Act states that the Secretary must make the designation on the basis of 
the best scientific data available and after taking into consideration 
the economic impact, the impact on national security, and any other 
relevant impacts of specifying any particular area as critical habitat.
    We determined that designating critical habitat for the short-
tailed snake is prudent but not determinable. We will coordinate with 
partners to obtain data sufficient to perform the required analysis of 
the impacts to inform our critical habitat designation. When critical 
habitat is not determinable, the Act allows the Service an additional 
year to publish a critical habitat designation (16 U.S.C. 
1533(b)(6)(C)(ii)).

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other governmental agencies, Native 
American Tribes, the scientific community, industry, or any other 
interested parties concerning this proposed rule. We particularly seek 
comments concerning:
    (1) The species' biology, range, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns 
and the locations of any additional populations of this species;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) Threats and conservation actions affecting the species, 
including:
    (a) Factors that may be affecting the continued existence of the 
species, which may include habitat modification or destruction, 
overutilization, disease, predation, the inadequacy of existing 
regulatory mechanisms, or other natural or manmade factors.
    (b) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species.

[[Page 68072]]

    (c) Existing regulations or conservation actions that may be 
addressing threats to this species.
    (3) Additional information concerning the historical and current 
status of this species.
    (4) The reasons why any habitat should or should not be determined 
to be critical habitat for the short-tailed snake as provided by 
section 4 of the Act, including physical or biological features within 
the areas that are occupied or specific areas outside the geographic 
areas that are occupied that are essential for the conservation of the 
species.
    (5) Whether we should consider evaluating populations of the short-
tailed snake as distinct population segments.
    (6) Information on regulations that may be necessary and advisable 
to provide for the conservation of the short-tailed snake and that we 
can consider in developing a 4(d) rule for the species; in particular, 
we seek information concerning the extent to which we should include 
any of the Act's section 9 prohibitions in the 4(d) rule or whether we 
should consider any additional exceptions from the prohibitions in the 
4(d) rule.
    (7) Whether the measures outlined in the proposed 4(d) rule are 
necessary and advisable for the conservation of the short-tailed snake. 
We particularly seek comments concerning:
    (a) Whether we should include a provision excepting incidental take 
resulting from habitat management activities that maintain or restore 
short-tailed snake habitat including implementation of prescribed fire, 
actions to reduce the threat of invasive species including feral hogs, 
or other activities that result in more suitable habitat conditions for 
the species.
    (b) Whether we should include a provision excepting incidental take 
from silviculture practices and forestry activities that follow best 
management practices and how those practices should be described 
including spatial or temporal restrictions or determents, or additional 
best management practices.
    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, do not provide substantial 
information necessary to support a determination. 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, and section 4(b)(2) 
of the Act directs that the Secretary shall designate critical habitat 
on the basis of the best scientific 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.
    Our final determination may differ from this proposal because we 
will consider all comments we receive during the comment period as well 
as any information that may become available after the publication of 
this proposal. Based on the new information we receive (and, if 
relevant, any comments on that new information), we may conclude that 
the species is endangered instead of threatened, or we may conclude 
that the species does not warrant listing as either an endangered 
species or a threatened species. In addition, we may change the 
parameters of the prohibitions or the exceptions to those prohibitions 
in the 4(d) rule if we conclude it is appropriate in light of comments 
and new information received. For example, we may expand the 
prohibitions to include prohibiting additional activities if we 
conclude that those additional activities are not compatible with 
conservation of the species. Conversely, we may establish additional 
exceptions to the prohibitions in the final rule if we conclude that 
the activities would facilitate or are compatible with the conservation 
and recovery of the species. In our final rule, we will clearly explain 
our rationale and the basis for our final decision, including why we 
made changes, if any, that differ from this proposal.

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. We may hold the public hearing in person or virtually via 
webinar. We will announce any public hearing on our website, in 
addition to the Federal Register. The use of virtual public hearings is 
consistent with our regulations at 50 CFR 424.16(c)(3).

Previous Federal Actions

    On July 11, 2012, the Service received a petition from the Center 
for Biological Diversity and six individual petitioners, requesting 
that we list 53 species of reptiles and amphibians, including the 
short-tailed snake, as endangered or threatened species under the Act 
(CBD 2012, entire). On September 18, 2015, we published in the Federal 
Register (80 FR 56423) a 90-day finding that the petition contained 
substantial information indicating that listing the short-tailed snake 
may be warranted. This document constitutes our 12-month finding on the 
July 11, 2012, petition to list the short-tailed snake under the Act.

Peer Review

    A species status assessment (SSA) team prepared an SSA report for 
the short-tailed snake. The SSA team was composed of Service biologists 
and contracted assistance, 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 impacts of past, present, and future factors (both 
negative and beneficial) affecting the species.
    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review in 
listing actions under the Act, we solicited independent scientific 
review of the information contained in the short-tailed snake SSA 
report. We sent the SSA report to six independent peer reviewers and 
received three responses. Results of this structured peer review 
process can be found at

[[Page 68073]]

https://www.regulations.gov. In preparing this proposed rule, we 
incorporated the results of these reviews, as appropriate, into the SSA 
report, which is the foundation for this proposed rule.

Summary of Peer Reviewer Comments

    As discussed in Peer Review, above, we received comments from three 
peer reviewers on the draft SSA report. We reviewed all comments we 
received from the peer reviewers for substantive issues and new 
information regarding the contents of the SSA report.
    The peer reviewers generally concurred with our methods and 
conclusions, and provided additional information, clarifications, and 
suggestions, including recommendations regarding the effects of 
temperature, impacts of feral hogs and silvicultural practices 
implemented without best management practices, and other editorial 
suggestions. No substantive changes to our analysis and conclusions 
within the SSA report were deemed necessary, and peer reviewer comments 
are addressed in version 1.0 of the SSA report.

1. Proposed Listing Determination

Background

    A thorough species description and review of the taxonomy, habitat 
and life history, and historical and current range and distribution of 
the short-tailed snake is presented in the SSA report (Service 2021, 
pp. 5-8).
    The short-tailed snake is a small colubrid (the most common family 
of snakes) with an average length ranging from 31-53 centimeters (cm) 
(12-21 inches (in)) that occurs in xeric uplands (e.g., sandhill, 
scrub, and xeric hammock) associated with central ridge formations in 
central peninsular Florida. Prior to 2000, the species was known to 
occur in 17 Florida counties. It has been documented in 11 of those 
counties since 2000.
    Information regarding the short-tailed snake's natural history, 
life history, and habitat use is limited. The short-tailed snake is a 
fossorial species (i.e., it lives primarily underground) that requires 
loose, well-drained, sandy soils associated with xeric uplands that 
include an open canopy of widely spaced trees and shrubs with ample 
areas of exposed soils. These habitat features allow the species to 
burrow and live underground. The short-tailed snake requires sufficient 
prey that includes small snakes, such as the Florida crowned snake 
(Tantilla relicta); the Florida worm lizard (Rhineura floridana); and 
skink species. Each of the species' populations needs a sufficient 
number of individuals within habitat patches of adequate area and 
quality, and all the populations need connectivity for genetic 
exchange. Connectivity requires suitable habitat that is relatively 
unfragmented by roads and characterized by wide, undisrupted habitat 
corridors. Unfragmented habitat allows for long-distance dispersal over 
time (generations) that could contribute to the maintenance of gene 
flow across the range. A lack of periodic gene flow between populations 
can exacerbate impacts of various stressors and reduce the genetic 
diversity necessary for adaptation. Dispersal of individual short-
tailed snakes is not well known; however, long-distance dispersal 
(greater than 5 kilometers (km) (3.1 miles (mi))) is likely rare (Enge 
2021a, pers. comm.; Moler 2021, pers. comm.). Movement across areas of 
unsuitable habitat is thought to be limited to 1 km (0.6 mi).

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for endangered and 
threatened species. In 2019, jointly with the National Marine Fisheries 
Service, the Service issued a final rule that revised the regulations 
in 50 CFR part 424 regarding how we add, remove, and reclassify 
endangered and threatened species and the criteria for designating 
listed species' critical habitat (84 FR 45020; August 27, 2019). On the 
same day, the Service also issued final regulations that, for species 
listed as threatened species after September 26, 2019, eliminated the 
Service's general protective regulations automatically applying to 
threatened species the prohibitions that section 9 of the Act applies 
to endangered species (84 FR 44753; August 27, 2019).
    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 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 determines whether 
the species meets the definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing 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

[[Page 68074]]

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.
    It is not always possible or necessary to define the 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 proposed for listing as an endangered 
or threatened species under the Act. However, it does 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 short-tailed snake viability, we used the three 
conservation biology principles of resiliency, redundancy, and 
representation (Shaffer and Stein 2000, pp. 306-310). Briefly, 
resiliency is the ability of the species to withstand environmental and 
demographic stochasticity (for example, wet or dry, warm or cold 
years); redundancy is the ability of the species to withstand 
catastrophic events (for example, droughts, large pollution events); 
and representation is the ability of the species to adapt to both near-
term and long-term changes in its physical and biological environment 
(for example, climate conditions, pathogens). In general, species 
viability will increase with increases in resiliency, redundancy, and 
representation (Smith et al. 2018, p. 306). 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 evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical 
and current condition of the species' demographics and habitat 
characteristics, including an explanation of how the species arrived at 
its current condition. The final stage of the SSA involved making 
predictions about the species' responses to positive and negative 
environmental and anthropogenic influences. Throughout all of these 
stages, we used the best available information to characterize 
viability as the ability of a species to sustain populations in the 
wild over time, which we then used to inform our regulatory decision.
    The following is a summary of the key results and conclusions from 
the SSA report; the full SSA report can be found at Docket FWS-R4-ES-
2023-0158 on https://www.regulations.gov and at https://www.fws.gov/office/florida-ecological-services/library.

Summary of Biological Status and Threats

    In this discussion, we review the biological condition of the 
species and its resources, and the threats that influence the species' 
current and future condition, to assess the species' overall viability 
and the risks to that viability. We analyze these factors both 
individually and cumulatively to determine the current condition of the 
species and project the future condition of the species under several 
plausible future scenarios.

Species Needs

    We assessed the best available information to identify the physical 
and biological needs to support all life stages for the short-tailed 
snake. We identified the specific ecological needs for individuals to 
survive and reproduce, as well as needs to support viable populations 
(see table 1, below). Much of the life history and habitat needs of the 
short-tailed snake are unknown or assumed to be similar to genus or 
family characteristics. We determined the main elements essential to 
the survival and reproductive success of short-tailed snake 
individuals: sandy soils, cover, and adequate prey. Populations require 
the same elements as individuals, and connectivity between populations 
is important for breeding and dispersal, even though individuals are 
otherwise limited in longer distance movements.

 Table 1--The Ecological Requisites for Survival and Reproductive Success of Short-Tailed Snake Individuals and
                                                   Populations
----------------------------------------------------------------------------------------------------------------
                                       Survival and
            Life stage                 reproductive       Resource function (BFSD) \1\         Description
                                        requisites
----------------------------------------------------------------------------------------------------------------
Egg, Juvenile, Adult.............  Sandy soils.........  All..........................  Supports burrowing and
                                                                                         fossorial
                                                                                         characteristics.
Juvenile, Adult..................  Cover...............  All..........................  Provides refuge from
                                                                                         predation, creates
                                                                                         needed microclimate
                                                                                         conditions; supports
                                                                                         prey species. The type
                                                                                         of habitat and cover
                                                                                         used changes
                                                                                         seasonally.
Juvenile, Adult..................  Adequate prey.......  F............................  Adult \2\: Small snakes
                                                                                         (e.g., Florida crowned
                                                                                         snake) and lizards.
                                                                                         Juvenile \2\: unknown,
                                                                                         but likely
                                                                                         invertebrates.
Adult............................  Connectivity between  B, D.........................  Supports genetic
                                    suitable habitats.                                   exchange.
----------------------------------------------------------------------------------------------------------------
\1\ The function of each resource or circumstance is indicated (Breeding--B; Feeding--F; Sheltering--S;
  Dispersal--D).
\2\ Juveniles are snakes less than 30 centimeters (cm) in length, and adults are those 30 cm or longer.


[[Page 68075]]

Factors Influencing Species Viability

    The following discussion provides a summary of the primary factors 
that affect or may affect the current and future condition of the 
short-tailed snake. The best available information indicates that the 
loss and degradation of habitat from urbanization and other land use 
changes, such as agriculture and mining, is the primary threat to the 
species. Below, we address this primary threat and the individual and 
cumulative effects of potential threats, while also considering 
conservation measures that may provide protections to the species.

Urbanization

    Human population growth in an area leads to increased commercial 
and residential development. Population growth in Florida is not evenly 
distributed, and predicted land use change from undeveloped (e.g., 
agriculture and natural areas) to developed is most significant in 
central Florida (Carr and Zwick 2016, p. 5). Between 1980 and 2020, all 
Florida counties within the known range of the short-tailed snake have 
experienced significant growth in human populations, with the largest 
increases occurring in Hernando, Lake, Gilchrist, and Orange Counties 
(331, 250, 212, and 201 percent, respectively), and this growth is 
expected to continue in the future, with increases ranging between 1 
and 70 percent by 2045. The largest increases are anticipated in 
Highlands, Lake, Orange, and Pasco Counties within the species' range 
(70, 46, 39, and 32 percent, respectively) (Florida Office of Economic 
and Demographic Research (FEDR) 2020, entire).
    Compared to historical conditions, Florida's xeric upland natural 
communities are extensively reduced, altered, and, in many areas, 
isolated. This is particularly evident in longleaf pine-dominated 
sandhills and scrub communities on the ridges of central Florida and 
the Gulf Coast of Florida (Kautz et al. 1993, p. 141; Enge et al. 2003, 
p. 11; Kautz et al. 2007, p. 21). In 1987, sandhills covered 
approximately 2.4 percent of Florida, which reflects an 88 percent loss 
from an estimated coverage of 20 percent in 1936. Scrub communities 
declined 59 percent in coverage during the same period (Kautz et al. 
1993, p. 143). In a 14-year period from 1989 to 2003, 11 percent of 
sandhill and 10 percent of scrub natural communities were lost to 
urbanization or other land uses, with 4 percent of each of these 
habitats lost to agriculture (Kautz et al. 2007, p. 19). Future losses 
of sandhill and scrub habitats where the short-tailed snake occurs are 
expected as Florida's human population continues to increase and 
development expands (Carr and Zwick 2016, entire).
    Road construction and expansion and the resulting traffic 
associated with urbanization and development can cause direct mortality 
of short-tailed snakes. Although road mortality affects individuals and 
populations of short-tailed snakes adjacent to roads, individual short-
tailed snakes typically move short distances, making it more likely 
that individuals immediately adjacent to roads would be susceptible to 
vehicular mortality, particularly during seasonal periods of high 
surface activity (Florida Fish and Wildlife Conservation Commission 
(FWC) 2011, p. 5; FWC 2013, p. 5). Most short-tailed snake populations 
are not adjacent to roadways, and given the species' mostly short-
distance movements, effects of roads are likely limited. We primarily 
focus our analyses on the threat of habitat fragmentation from roads. 
Observed short-tailed snake mortality on roadways indicates that roads 
may act as a barrier to dispersal. Roads are prominent features of 
urbanized and developing areas and contribute to the isolation and 
fragmentation of snake populations even when road use is avoided by 
snakes. As urbanization and development increase, snakes may be more 
likely to attempt road crossings as pressures to disperse increase, 
habitat patch sizes decrease, and urban edge to habitat area ratios 
increase (Breininger et al. 2004, 2011, and 2012, entire).
    Urbanization also creates conditions favorable to the establishment 
and spread of nonnative, invasive species in areas adjacent to and 
nearby short-tailed snake habitat. Nonnative, invasive plants have the 
potential to alter and degrade natural communities and influence short-
tailed snakes through habitat degradation. Sandhills in some areas of 
the species' range are impacted by the invasion of the nonnative cogon 
grass (Imperata cylindrica). Predation from nonnative species, such as 
red imported fire ants (Solenopsis invicta), feral hogs (Sus scrofa), 
and domestic dogs (Canis lupus familiaris) and cats (Felis catus), is 
known to cause direct mortality to reptiles and likely impacts short-
tailed snake individuals or populations. Short-tailed snakes occur in 
areas of urbanization where suitable, connected habitat remains. 
However, we do not have information on whether the species can persist 
in urbanized areas where suitable habitat has been altered or 
information on the long-term trend of the species' occurrences in 
urbanized areas (FWC 2013, p. 5; Enge 2021a, pers. comm.).
    In sum, urbanization impacts many wildlife species through the loss 
and fragmentation or degradation of habitat (including encroachment, 
succession, and invasive species), increased road mortality, increased 
human persecution, and increased predation by domestic animals (such as 
feral and free-roaming cats and dogs). While research is lacking to 
quantify the effects of urbanization on the short-tailed snake, 
continued urbanization is expected to continue to drive habitat loss 
and degradation in the species' range. Highly urbanized areas are not 
likely to support healthy populations of the short-tailed snake (Enge 
et al. 2003, p. 11; Enge 2016, p. 4; FWC 2019, p. 3); however, this 
species has been observed in subdivisions within xeric uplands that 
retain some natural ground cover components likely to support 
populations of prey species, such as the Florida crowned snake 
(Campbell and Moler 1992, p. 153; FWC 2013, p. 24; FWC 2019, p. 2). 
There are also records of short-tailed snake observations from 
roadways, carports, woodsheds, foundation excavations, driveways, yards 
(e.g., pools), and within a home in a developed area (Krysko et al. 
2019, pp. 473-475; FWC 2020, unpaginated; Enge 2021b, pers. comm.).

Land Use and Management

    Short-tailed snakes are unlikely to maintain viability in areas 
affected by the removal of native landcover, reduction of prey, or the 
alteration of soil characteristics (e.g., loose, sandy soil) required 
for fossorial species. Therefore, changes in land use and management 
impact short-tailed snakes at the individual level and, to some degree, 
at the population level as discussed further below.
Agriculture
    Agriculture is a significant portion of Florida's economy, and 
agricultural land use includes cattle grazing, improved pasture, row 
cropping, and citrus and hay production. Between 1989 and 2003, the 
intensification of agricultural land use in central Florida was 
notable, particularly the conversion of natural and semi-natural land 
cover types to agriculture (Kautz et al. 2007, pp. 21-22). As of 2020, 
approximately 24 percent of Florida (3.9 million hectares (ha) (9.7 
million acres (ac))) was in agricultural production, consisting of 
47,400 commercial farms (e.g., cropland and ranchland) with an average 
farm size of 205 acres (USDA 2022, unpaginated). A large portion of the 
short-tailed snake's range includes areas of improved pasture and 
cropland/pasture landcover types. The level of

[[Page 68076]]

historical impacts of these cover types and associated land uses on the 
short-tailed snake are uncertain, but likely reduced the availability 
and connectivity of suitable upland habitat. The stressor of 
agriculture is expected to be ongoing and affect the species in the 
future, but to a lesser extent as much of the prime upland agricultural 
land has already been developed. Within the range of the short-tailed 
snake, conversion to cropland is projected to make up small proportion 
of the projected habitat loss (2 to 3 percent) (Service 2021, p. 64).
    The high, dry natural communities needed by the short-tailed snake 
also are favorable for citrus production (Campbell and Moler 1992, p. 
152). Approximately 262,000 ha (648,000 ac) of citrus are identified 
within the range of the short-tailed snake. While the presence of 
citrus groves results in habitat loss (Florida Natural Areas Inventory 
(FNAI) 2001, p. 2), it is possible that short-tailed snakes can persist 
in groves where pockets of natural cover and soil conditions are 
present or where higher quality habitat is adjacent. Additionally, 
overall citrus production has declined over the last 19 years in 
Florida, with citrus-bearing grove area declining from more than 
750,000 acres in 2000 to around 381,000 acres in 2020, primarily due to 
losses associated with disease (Court et al. 2021, pp. 4, 23) and 
pressure from residential and commercial development. Citrus groves 
have been converted to residential and commercial development within 
the range of the species and the potential for future conversion of 
citrus land to development exists, as does the potential for citrus 
groves to lie fallow. Although we do not have information to spatially 
or temporally project the extent and magnitude of citrus grove 
conversion, the impact on the species is expected to be negative where 
short-tailed snakes occur in citrus groves that are converted to more 
urbanized landscapes.
Mining
    Mining occurs in the range of the short-tailed snake and 
contributes to localized habitat fragmentation and loss. Phosphate, 
limestone, sand, gravel, and heavy minerals are mined extensively in 
Florida, and these practices are expected to continue. Mining 
activities include the removal of vegetation. The top 15 to 30 feet of 
earth (e.g., overburden) is removed, followed by extraction of the 
mineral or ore-bearing layer that often contains a heavy sand component 
(Florida Department of Environmental Protection (FDEP) 2021, 
unpaginated). Mining practices in general remove vegetation, alter soil 
profiles, and destroy habitat (Volk et al. 2017, p. 58), and areas 
where these practices occur no longer support the short-tailed snake. 
Within the range of the species, mining of sand and gravel is expected 
to continue into the future with some additional mining of limestone, 
phosphate, and heavy minerals in the short-tailed snake's range. 
Although mining may affect the habitat and individuals or populations 
of short-tailed snake, the loss of suitable habitat due to mining 
practices rangewide is expected to be limited (1 to 2 percent of 
expected suitable habitat loss).
    While sand mining is likely to continue to increase with 
urbanization (sand is the principal component in concrete and glass 
building materials), expansion of sand mining in some counties (e.g., 
Lake County) is restricted (Beiser 2019, p. 3; Silvas 2021, 
unpaginated). In addition, the Green Swamp area within Polk and Lake 
Counties is designated as an ``Area of Critical State Concern,'' a 
designation that provides protections to valuable hydrologic functions 
in the area (FDEP 2020, unpaginated). Phosphate mines occupy more than 
182,108 ha (450,000 ac) within the State, and phosphate mining occurs 
on the margin of the known range of the short-tailed snake, with the 
largest phosphate mines within the short-tailed snake's range occurring 
in Polk and Hillsborough Counties. Although we do not have information 
that mining practices have resulted in the extirpation of short-tailed 
snake occurrences, areas within the short-tailed snake's range that 
have been mined using earth removal techniques do not meet the species' 
life-history requirements and are not expected to support the species.
Silviculture
    Many areas of natural and planted pine and hardwood forests in 
Florida are managed for the production of a wide variety of forest 
products. The State has approximately 7 million ha (17 million ac) of 
forestland, representing 50 percent of its total land area; 
approximately two-thirds of these forestlands are in private ownership 
(Florida Department of Agriculture and Consumer Services (FDACS) 2021, 
p. 8). Forestlands managed for timber and other forest products are 
most typically represented by pine plantations (e.g., pineland cover 
type). A comparison of pineland cover type between 1989 and 2003 shows 
a loss of some pineland areas to urbanization but otherwise minimal 
change in overall extent (Kautz et al. 2007, pp. 18-19, 22). Projected 
future increases in silvicultural land uses are expected to impact an 
additional 2,100 ha (5,200 ac) of short-tailed snake habitat as 
calculated using data derived from the FOREcasting SCEnarios of Land 
Use Change model (FORE-SCE; described in chapter 5 of the SSA report 
(Service 2021, pp. 58-60)).
    Little is known about the impacts of silvicultural activities 
(e.g., thinning, clear cuts, site treatments, selected tree species, 
tree densities, and rotation length) on the short-tailed snake. 
Typically, forest management practices in working forests incorporate 
best management practices. Although some management activities may 
cause short-term habitat degradation, many management regimes may also 
enhance short-tailed snake habitat (e.g. long rotation, frequent fire 
return intervals).
Habitat Management
    Habitat management practices incompatible with the short-tailed 
snake's needs include absent or infrequent fire management; mechanical 
activities that disturb soil; and management objectives that favor 
heavy shrub layers, closed canopy conditions, or excessive leaf litter 
accumulations. These activities have the potential to alter or degrade 
short-tailed snake habitat. The best available information indicates 
that these threats are acting at the population level and impacting the 
overall species (Service 2021, pp. 30-32).

Effects of Climate Change

    The primary climate-related threat to the short-tailed snake is 
alteration and loss of habitat. Sea level rise in coastal areas will 
displace the human population to higher elevation areas. This 
displacement will potentially exacerbate habitat destruction for upland 
species, such as the short-tailed snake, through further urbanization 
and development.
    Vegetation communities representative of short-tailed snake habitat 
(e.g., sandhill, scrub, and xeric hammock) are expected to respond to 
rising temperatures, variable precipitation patterns, and subsequent 
alteration to fire regimes with a shift in natural community structure 
over time (U.S. Federal Government 2021, unpaginated). Additionally, 
there likely will be a more limited burn window for fire management due 
to rising temperatures and declining fuel moisture, particularly during 
the growing season (Kupfer et al. 2020, pp. 774-775). A more limited 
burn window may result in less prescribed fire

[[Page 68077]]

(habitat management) implemented in short-tailed snake habitat, leading 
to detrimental succession and more closed canopy and accumulated leaf 
litter conditions.
    Natural fire return intervals associated with short-tailed snake 
habitat vary among natural community types, with the fire frequency in 
intact sandhill communities in Florida ranging between 1 and 3 years 
(FNAI 2010, pp. 9, 47). The fire return frequency in scrub natural 
community variants (e.g., oak scrub, rosemary scrub, and sand pine 
scrub) ranges between 3 and 70 years with the longer intervals being 
associated with sand pine scrub (FNAI 2010, pp. 9, 51). In the absence 
of naturally occurring fires, active habitat management actions (such 
as the application of prescribed fire, mechanical vegetation 
management, and herbicide use) are necessary for the restoration, 
maintenance, and conservation of these communities. In sandhill 
communities, the germination and/or flowering of fire-dependent plant 
species (e.g., longleaf pine, wiregrass) would be impacted by the 
changes in fire frequency and timing (Shappell and Koontz 2015, p. 351; 
Baruzzi et al. 2021, p. 7). Additionally, a reduction or lack of 
prescribed fire as a result of a reduced burn window coupled with 
increased evapotranspiration rates from increased temperatures could 
lead to excessive accumulations of fuel and result in more frequent and 
intense wildfires. Direct mortality from high-intensity fires in scrub 
habitat are a concern of species' experts (Enge 2021a, pers. comm.); 
high-intensity fires could become more prevalent with the expected 
effects of climate change.
    Rising temperatures and shifting precipitation patterns can alter 
short-tailed snake habitat independent of alterations to the fire 
regime. Drought and heat stress caused by increased temperatures can 
promote insect outbreaks and plant mortality. In pine communities, such 
as sandhills, higher winter air temperatures promote over-wintering 
success in southern pine beetle larvae, and higher annual air 
temperatures can result in more generations of the southern pine beetle 
per year (Hain et al. 2011, pp. 16-17). Additionally, severe drought 
stress reduces resin production in coniferous trees and greatly 
increases the susceptibility of trees to beetle infestation. Nonnative, 
invasive species (e.g., cogon grass, red imported fire ant) are often 
more tolerant of drought and heat stress. The nonnative species' ranges 
are expected to expand with climate change, increasing their potential 
to alter and degrade short-tailed snake habitat (Chen et al. 2014, p. 
5; Hamidavi et al. 2021, p. 383).
    Climate change could also have more direct impacts on short-tailed 
snakes. As a fossorial species, extreme weather events and associated 
flooding events can cause direct mortality (e.g., drowning) of 
individuals. Additionally, climate change could alter the distribution 
and abundance of preferred prey species, as well as alter substrate and 
soil conditions that may become unsuitable (e.g., too wet or too dry) 
or unavailable (e.g., flooded) for short-tailed snakes. Poor habitat 
conditions, including altered soil conditions or limited prey items, 
may cause individuals of the species to experience reduced fitness, 
mating and clutch failure, and increased risk of predation. 
Catastrophic flooding has the potential to displace or extirpate local 
populations, making recolonization difficult in fragmented landscapes 
(Tupy 2021, pers. comm.). Additionally, the sex of offspring is often 
determined by nest temperature for many reptile species. It has not 
been documented if sex determination is temperature-dependent for the 
short-tailed snake. If the species' sex determination is temperature-
dependent, increasingly warming temperatures have the potential to skew 
sex ratios, resulting in low reproductive rates, inbreeding depression, 
or both (Mitchell and Janzen 2010, p. 131; Tupy 2021, pers. comm.).

Additional Considerations

Small, Isolated Populations
    Short-tailed snake occurrence records indicate patchy and 
fragmented distribution in suitable upland habitats (e.g., sandhills, 
scrub, and xeric hammock) in peninsular Florida. The available 
information indicates the species does not occur in large populations, 
and the apparently small populations may be inherent to the species 
based on its life-history characteristics and needs. In many species, 
small population size along with population isolation often leads to 
reduced genetic diversity as a result of inbreeding, which, in turn, 
results in increased susceptibility to disease and parasites, reduced 
reproductive fitness, reduced evolutionary potential, and reduction in 
the overall ability to withstand stochastic events (Frankham 1995, p. 
309; Frankham 2005, pp. 132-135). These deleterious effects associated 
with small population size can exacerbate the negative influences of 
habitat degradation and further impact resiliency. However, there is no 
genetic information available to suggest that small population is 
currently influencing short-tailed snake viability.
Collection and Intentional Killing
    As with all snakes, humans kill snakes maliciously or out of fear, 
and these losses can contribute to population declines (FWC 2011, p. 
5). Short-tailed snake interactions with humans are more likely where 
the snake is found in residential areas with sufficient groundcover but 
are limited compared to interactions with species active in the daytime 
(the fossorial nature of the short-tailed snake means it rarely appears 
above ground and does so even more rarely during the day) (FWC 2011, p. 
4). The best available information does not indicate that illegal 
collection of short-tailed snakes for pets is occurring or that there 
are impacts to the species from intentional killing.

Cumulative and Synergistic Effects

    We note that, by using the SSA framework to guide our analysis of 
the scientific information documented in the SSA report, we have 
analyzed the cumulative effects of identified threats and conservation 
actions on the species. To assess the current and future condition of 
the species, we evaluate the effects of all the relevant factors that 
may be influencing the species, including threats and conservation 
efforts. Because the SSA framework considers not just the presence of 
the factors, but to what degree they collectively influence risk to the 
entire species, our assessment integrates the cumulative effects of the 
factors and replaces a standalone cumulative-effects analysis.

Conservation Efforts and Regulatory Mechanisms

    Below, we summarize the known conservation measures and existing 
regulatory mechanisms affecting the short-tailed snake or its habitat 
(Service 2021, pp. 38-40).
Existing Protections
    The short-tailed snake is listed by the State of Florida as a 
threatened species, and, as such, no person may take (e.g., harm or 
harass), possess, or sell short-tailed snakes or parts of their nests 
or eggs without a permit (Florida Administrative Code, chapter 68A-27) 
(FWC 2016, p. 78; FWC 2021, p. 7, 11). Additionally, through the above-
referenced State rule, the FWC has incorporated species' conservation 
measures and developed permitting guidelines to provide information on 
the species' range and intentional and incidental take (FWC 2019, 
entire).

[[Page 68078]]

Through the tracking of permits involving the short-tailed snake, we 
are aware of the occurrences and level of take of the species in 
Florida.
Land Protection and Stewardship
    Short-tailed snake habitat occurs on lands in public and private 
ownership with varying levels of habitat management. An estimated 48 
percent of potential short-tailed snake habitat (e.g., habitat 
identified as suitable for the species in an FWC habitat suitability 
model (Enge et al. 2016, entire); for more information on habitat 
modeling, see Service 2021, pp. 18-19) occurs on protected lands under 
Federal, State, or local government ownership or lands subject to 
conservation easements. Protected lands are less likely to experience 
threats associated with urbanization and other land uses (e.g., 
agriculture, mining, and intensive silviculture that does not implement 
best management practices) than lands in private ownership. In 
addition, protected lands are often more likely to receive increased 
habitat management compared to private lands.
    The short-tailed snake occurs on Federal lands (e.g., Ocala 
National Forest), in State parks, in preserves and geological sites 
(e.g., Wekiwa Springs, Ichetucknee Spring, San Felasco Hammock, Devil's 
Millhopper) (Hammerson 2016, pp. 10-11), and in State forests (e.g., 
Withlacoochee) where land management occurs in accordance with area 
management plans. Habitat management on military installations (e.g., 
Avon Park Air Force Range), in National Forests (e.g., Ocala National 
Forest), and in National Wildlife Refuges (e.g., Lake Wales Ridge 
National Wildlife Refuge) is implemented in accordance with integrated 
natural resources management plans (INRMP), forest plans, and 
comprehensive conservation plans, respectively. Although management 
plans do not manage specifically for short-tailed snake, habitat 
management actions including control of invasive plants and application 
of prescribed fire at appropriate intervals in sandhill and scrub 
habitats are expected to benefit the species' habitat and short-tailed 
snakes that occur in the area (USAF Park INRMP 2004, pp. 61-62, 68; 
USDA 2017, pp. 7, 14). Additionally, short-tailed snake habitat occurs 
in county and city parks and preserves.
    Not all habitat management practices implemented on protected lands 
benefit the short-tailed snake (e.g., silviculture that does not 
implement best management practices or improperly implements best 
management practices) (Hammerson 2016, pp. 10-11).
Conservation Measures on Private Lands
    Privately owned lands account for approximately 52 percent (259,674 
ha (641,668 ac)) of short-tailed snake habitat. In Florida, the FWC's 
Landowner Assistance Program provides technical and financial 
assistance to private landowners to implement conservation practices 
for wildlife on their lands (FWC 2013, p. 14). The Service's Partners 
for Fish and Wildlife (PFW) program provides similar incentives to 
private landowners for the conservation of wildlife and associated 
habitat. Where conservation practices occur in sandhill and scrub 
habitat within the short-tailed snake's range, benefits to the species 
are expected. Between 2010 and 2021, the PFW program alone funded 
approximately 3,400 ha (8,500 ac) of habitat restoration and management 
projects in sandhill and scrub communities within the species' range.
    In 2015, FDACS and FWC collaboratively developed Florida's 
Agriculture Wildlife Best Management Practices for State Imperiled 
Species to promote sound agricultural land use and natural resource 
conservation and to reduce the potential for incidental take of State-
imperiled species (FDACS 2015, p. ii). As of 2021, approximately 28 
landowners in counties where the short-tailed snake occurs submitted 
notices of intent to implement conservation practices on approximately 
172,004 ha (425,031 ac) of privately owned land (FDACS 2020, p. 1). The 
spatial information needed to assess the overlap of the area where the 
conservation practices will occur and short-tailed snake populations is 
not available. Therefore, we are not able to accurately project the 
extent to which these best management practices will influence the 
short-tailed snake or its habitat, but nonetheless encourage the 
implementation of conservation actions in silviculture and agriculture 
in Florida.

Current Condition

    For the purposes of the SSA, we delineated analysis units based on 
the FWC's habitat suitability index (HSI) (Enge et al. 2016, pp. 12-15, 
17-20), historical and current species' occurrences, and barriers to 
dispersal and movement. We included contiguous habitat within 5 km (3.1 
mi) of occurrence records. A total of 245 records (136 historical (pre-
2000) and 109 recent (2000-2021)) for the short-tailed snake were 
provided by FWC (FWC 2020, unpaginated) and were used to build the HSI. 
New records (e.g., 2021) conveyed to the Service during the SSA process 
were manually added to this database; these very recent records are 
included in the summary of records presented here. We also relied on 
FWC's HSI to delineate the extent and condition of suitable habitat 
within the range of the short-tailed snake. Some areas of identified 
suitable habitat contain very few records of occurrence; however, we 
rely on identified suitable habitat in our analysis and note that lack 
of occurrences may not preclude presence given the species' highly 
cryptic and fossorial nature and its small size, as well as the lack of 
established survey methods.
    The delineation process resulted in 19 analysis units, with 8 units 
containing only historical (pre-1973) records and categorized as likely 
extirpated (see figure 1, below). We also identified 30 analysis units 
that contain only suitable habitat with no occurrence records, and we 
categorized these as unknown status. We do not include these units in 
our analysis but identified them in the delineation process to inform 
potential future conservation or recovery efforts. We conducted our 
analyses of current and future condition on the 11 delineated current 
analysis units and the 8 likely extirpated units.
    To assess the current viability of the short-tailed snake, we 
considered the species' life-history needs and habitat requirements. 
Population estimates for the short-tailed snake are not available, but 
assessments of short-tailed snake habitat loss and degradation note a 
greater than 30 percent decline in the overall area of suitable habitat 
from approximately 1989 to 2003 (FWC 2011, p. 10). Our assessment of 
current species' resiliency includes the best available information 
regarding the species' population characteristics and the condition of 
the physical environment where the species occurs. We made qualitative 
assessments of the current resiliency of each analysis unit by 
evaluating a demographic factor (combined occupancy and timing of 
records) and four habitat factors (fragmentation, habitat quantity, 
habitat quality, and extent of protected lands) (see table 2, below). 
The occupancy factor categorizes each of the 245 occurrence records 
based on number of records in the analysis unit and the timing of those 
records as an indication of our confidence that the record represents 
continued presence of the species. Road density refers to the density 
of primary and secondary roads in a unit and addresses the level of 
fragmentation of the habitat by the threat of roads and associated 
mortality. Habitat quality includes the current area of habitat ranked 
as either moderate or

[[Page 68079]]

high quality in the existing FWC HSI model and serves as a baseline for 
future projections (change in habitat metrics from current condition). 
We remove currently urbanized areas from the HSI as fossorial species 
can be driven to the surface in unsuitable habitat (e.g., concrete 
pads, human dwellings, roadways, areas with significant root 
structure), resulting in observations in largely unsuitable areas. 
Therefore, we expect metrics related to habitat are the most 
appropriate to assess current condition and provide a necessary 
baseline for future condition projections. We anticipate the protected 
lands in a unit have preserved habitat conditions in the past, 
affecting short-tailed snake resiliency, and are expected to provide a 
reduced level of threat of urbanization and development.

  Table 2--Demographic and Habitat Resiliency Factors Used To Assess Current Resiliency for Short-Tailed Snake
                                                  Analysis Unit
 [Each analysis unit was scored as high (4), medium (3), low (2), or very low (1) for each population factor and
                                                 habitat factor]
----------------------------------------------------------------------------------------------------------------
                                                               Condition categories
            Parameter            -------------------------------------------------------------------------------
                                     Very low (1)           Low (2)          Moderate (3)          High (4)
----------------------------------------------------------------------------------------------------------------
                                               Demographic Factors
----------------------------------------------------------------------------------------------------------------
Occupancy.......................  Likely extirpated   One or more         One or more         Records 2000-2011
                                   or unknown.         records pre-2000,   records 2000-2010   and records 2011-
                                                       or a single         and a single        2021.
                                                       record 2000-2021.   record 2011-2021.
----------------------------------------------------------------------------------------------------------------
                                                 Habitat Factors
----------------------------------------------------------------------------------------------------------------
Road Density (km of roads/1,960   More than 0.5.....  0.5-0.31..........  0.3-0.11..........  Less than or equal
 ha).                                                                                          to 0.1.
----------------------------------------------------------------------------------------------------------------
Habitat Quantity (ha)...........  Less than 10,000..  10,000-50,000.....  50,001-100,000....  More than 100,000.
Habitat Quality (percent of unit  Less than 50 of     50-69.............  70-89.............  Greater than or
 area).                            area in moderate                                            equal to 90.
                                   or high condition.
Protection (percent of unit       Less than 5.......  5-24..............  25-50.............  Greater than 50.
 area).
----------------------------------------------------------------------------------------------------------------

    We developed resiliency condition scores for each short-tailed 
snake analysis unit to assess the species' current condition across its 
range. We weighted the demographic factor equally with the combined 
four habitat factors to reflect the importance of species presence and 
the lack of available information regarding the species' precise 
requirements for optimal habitat condition.
    In our assessment of current viability, 2 of 11 analysis units 
exhibit high resiliency, 4 analysis units exhibit moderate resiliency, 
4 analysis units exhibit low resiliency, and 1 exhibits very low 
resiliency (see figure 1, below). The two highly resilient analysis 
units occur in the central portion of the known range with one 
moderately resilient unit interposed. Analysis units exhibiting low or 
very low current resiliency generally occur in the periphery of the 
range. Moderate and highly resilient analysis units comprise 379,804 ha 
(938,516 ac), or 76 percent (31 and 45 percent, respectively), of the 
total current habitat extent. The proportion of protected lands (lands 
in public ownership or management or in conservation easements) varies 
across the analysis units. The highest proportion of protected lands 
occurs in Units 1 and 3, with 53 and 17 percent of rangewide protected 
lands, respectively (see table 3, below). Therefore, Units 1 and 3, 
combined, include approximately 70 percent of the rangewide protected 
lands, and these units exhibit high current resiliency.

 Table 3--Analysis Units, Resiliency, Areal Extent of Habitat, the Proportion of the Overall Species' Range Each
            Unit Represents, and the Proportion of Rangewide Protected Lands That Occur in Each Unit
----------------------------------------------------------------------------------------------------------------
                                                                                                   Percentage of
                                                                                   Percentage of     rangewide
           Unit No.                  Name           Resiliency     Total habitat       range         protected
                                                      score            (ha)          (percent)         lands
                                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
7............................  Bell Ridge and    Moderate.......          57,652              11               3
                                Sante Fe River.
4............................  Brooksville       Moderate.......          64,801              13               4
                                Ridge North.
3............................  Brooksville       High...........          85,215              17              17
                                Ridge South.
12...........................  Fairfield Hills   Moderate.......           7,141               1               2
                                NE.
14...........................  Fairfield Hills   Very Low.......           5,667               1               0
                                NW.
22...........................  Hillsborough      Moderate.......             155               0               0
                                River NW.
6............................  Lake Wales Ridge  Low............          47,138               9               6
                                South.
10...........................  Manatee River...  Low............          10,921               2               2
1............................  Mount Dora Ridge  High...........         139,348              28              53
8............................  Ocala Hill......  Moderate.......          25,492               5               2
5............................  Trail Ridge.....  Low............          59,631              12              10
15...........................  Unnamed.........  Extirpated.....            * 37  ..............  ..............
30...........................  Unnamed.........  Extirpated.....            * 72  ..............  ..............
31...........................  Unnamed.........  Extirpated.....            * 11  ..............  ..............

[[Page 68080]]

 
45...........................  Tarpon Springs..  Extirpated.....             * 1  ..............  ..............
47...........................  St. Petersburg..  Extirpated.....             * 0  ..............  ..............
48...........................  Unnamed.........  Extirpated.....             * 0  ..............  ..............
49...........................  Unnamed.........  Extirpated.....             * 0  ..............  ..............
2............................  Unnamed.........  Extirpated.....             * 0  ..............  ..............
                                                                 -----------------------------------------------
    Total....................  ................  ...............         503,161             100             100
----------------------------------------------------------------------------------------------------------------
Note: Total numbers may not sum due to rounding.
* Habitat in likely extirpated analysis units is not included in the total identified suitable habitat.

BILLING CODE 4333-15-P

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[GRAPHIC] [TIFF OMITTED] TP03OC23.007

BILLING CODE 4333-15-C

[[Page 68082]]

    To gauge the extent of suitable habitat rangewide, we also assessed 
the relative proportion of suitable habitat as identified in the FWC 
HSI (Service 2021, pp. 18-19). Rangewide, 45 percent of the area in the 
11 delineated current analysis units (i.e., not including the 8 likely 
extirpated units) was identified as being highly suitable in the FWC 
HSI. Additionally, 31 percent of analysis unit area was moderately 
suitable, 23 percent was in a low suitability class, and 1 percent was 
in a very low suitability class. The proportion of suitable habitat in 
each analysis unit was assessed as a parameter in our current 
resiliency analysis, but rangewide, 76 percent of identified habitat is 
highly or moderately suitable for the species based on the FWC model.

Current Redundancy and Representation

    Species-level redundancy for the short-tailed snake is likely 
reduced from historical levels due to range contraction. However, 6 of 
11 units are in moderate or high current resiliency, and units are 
distributed across the historical and current range of the species. We 
have determined that current redundancy is moderate and sufficient to 
support species' viability. Current representation for the species is 
also likely reduced from historical levels due to range contraction and 
loss of populations. The short-tailed snake occurs in a variety of 
ecological habitats (e.g., sandhill, scrub, and xeric hammock) and is 
characterized by morphologically distinct groupings. Although 
information regarding genetic variation in the species is limited, we 
expect that the distributional and morphological variation is 
indicative of the species' ability to adapt to changing environmental 
condition (adaptive capacity). We have determined that species-level 
current representation for the short-tailed snake is also moderate and 
sufficient to support current species' viability.

Future Condition

    We assessed the short-tailed snake's future viability under three 
future scenarios. We modeled these scenarios at 2050 and 2070 based on 
confidence in models and projections of factors influencing the 
species' viability, and certainty in predictions of the species' 
response to those factors. In addition, these timesteps encompass 
several estimated lifespans of the species (estimated at 10 years, 
generation time of 6 years), giving the species sufficient time to 
respond to impacts to reproduction, genetic effects, and fragmentation 
of habitat.
    Changes from the current habitat condition are expected in the 
future from urbanization and development and from conversion of 
suitable habitat to less suitable landcover use (i.e., cropland and 
mining). We anticipate those changes to habitat condition will impact 
the resiliency of the short-tailed snake. We lack demographic data for 
the short-tailed snake and are unable to project future demographic 
condition based on the available occurrence records for the species. We 
evaluated projected changes to two habitat factors (habitat quality and 
habitat quantity) and the species' likely responses to those changes. 
To project the threat of urbanization and impacts to short-tailed 
snake, we used the SLEUTH model (SLEUTH is an acronym for the spatial 
inputs used in the model, which are slope, land cover, excluded 
regions, urban land cover, transportation, and hill shade) to determine 
the probability of urbanization. Areas with a higher probability of 
being developed (we selected 90 percent) will likely be urbanized under 
even the lowest impact scenario (almost sure to be developed), while 
areas with a lower probability of urbanization (20 percent) are 
expected to be developed under a high impact scenario. Similarly, we 
used the FORE-SCE model to project land use in the future, specifically 
landcover types that are most likely to exclude occurrences of short-
tailed snake (cropland and mining). The two FORE-SCE projection 
storylines incorporated in our analysis include the A2 storyline 
(reflective of representative concentration pathway (RCP) 8.5 and a 
higher emissions scenario) and B2 (reflective of RCP 4.5 and a lower 
emissions scenario) (Naki[cacute]enovi[cacute] et al. 2000, entire; 
Sohl et al. 2014, entire). To encompass a range of plausible climate 
change scenarios, we provide a high and low climate change-related land 
use projection based on the RCP 8.5/special report emissions scenario 
(SRES) A2 and RCP 4.5/SRES B1 scenarios, respectively. In presenting 
this range, our purpose is to provide bounds on the range of plausible 
outcomes, and we do not imply that an outcome in the middle of the 
range is the most likely outcome. For each of our time points (years 
2050 and 2070) in the low and moderate development scenario we assess 
SRES B1 and assess SRES A2 under the high development scenario. To 
project habitat quality and quantity in the future, we recalculated the 
areas of suitable habitat in each analysis unit by removing from the 
current condition those areas projected to be urbanized or to be 
converted into cropland or mining use.
    We weighted the factor of habitat quantity to account for expected 
increases in road density related to urbanization. This resulted in a 
weight of 2 for habitat quantity compared to 1 for habitat quality. We 
categorized resiliency class using the same scale as the current 
resiliency analysis. The three future scenarios included: (Scenario A) 
low development, (Scenario B) moderate development, and (Scenario C) 
high development (Table 4). The species' representation and redundancy 
were predicted under the three future scenarios and two timesteps by 
assessing the resiliency, number, and distribution of short-tailed 
snake analysis units across the species' range.

    Table 4--Three Plausible Future Scenarios Used To Project Short-Tailed Snake Resiliency and the Levels of
                          Habitat Quantity and Habitat Quality Factors in Each Scenario
----------------------------------------------------------------------------------------------------------------
                                        Scenario A: low         Scenario B: moderate        Scenario C: high
    Resiliency factor (weight)            development                development               development
----------------------------------------------------------------------------------------------------------------
Habitat Quantity (2).............  Habitat removed from       Habitat removed from      Habitat removed from
                                    current habitat            current habitat           current habitat
                                    suitability index based    suitability index based   suitability index based
                                    on:                        on:                       on:
                                   Greater than or equal to   Greater than or equal to  Greater than or equal to
                                    90 percent probability     50 percent probability    20 percent probability
                                    of urbanization (SLEUTH).  of urbanization           of urbanization
                                                               (SLEUTH).                 (SLEUTH).
                                   Conversion to cropland or  Conversion to cropland    Conversion to cropland
                                    mining (FORE-SCE SRES      or mining (FORE-SCE       or mining (FORE-SCE
                                    B1).                       SRES B1).                 SRES A2).
Habitat Quality (1)..............  Percent of high or         Percent of high or        Percent of high or
                                    moderate quality habitat   moderate quality          moderate quality
                                    in the analysis unit.      habitat in the analysis   habitat in the analysis
                                                               unit.                     unit.
----------------------------------------------------------------------------------------------------------------


[[Page 68083]]

    For these projections, high condition analysis units were defined 
as those with high resiliency at the end of the predicted time horizon 
(at years 2050 and 2070). Units in high resiliency are expected to 
persist into the future and sustain populations, beyond year 2050 or 
2070, and can withstand demographic and environmental stochastic 
events. Units in moderate resiliency were defined as having lower 
resiliency than those in high condition but are still expected to 
persist beyond year 2050 or 2070 and sustain populations in the wild. 
Units in moderate condition typically have smaller habitat extents or 
have lower habitat conditions than those in high condition or both 
(table 5). Finally, those units in low to very low condition were 
defined as having low resiliency and are less likely to withstand 
stochastic events. As a result, low to very low condition units were 
characterized as less likely to be able to sustain populations in the 
wild beyond either 30 or 50 years.

    Table 5--Habitat Conditions Characteristic of Moderate and Highly
                        Resilient Analysis Units
------------------------------------------------------------------------
                                             Habitat condition
            Parameter            ---------------------------------------
                                       Moderate              High
------------------------------------------------------------------------
Connectivity (km of roads/1,960   0.3-0.11 km/1,960   Less than or equal
 ha of analysis unit suitable      ha.                 to 0.1 km/1,960
 habitat).                                             ha.
Habitat Extent (ha of suitable    50,001-100,000 ha.  Greater than
 habitat in analysis unit).                            100,000 ha.
Habitat Quality (Percent of       70-89 percent.....  90 percent or
 analysis unit in moderate or                          greater.
 highly suitable habitat in HSI).
Protected Lands (Percent of       25-50 percent.....  Greater than 50
 Analysis Unit Area).                                  percent.
------------------------------------------------------------------------

    Under all future scenarios and in both future time horizons, we 
expect the resiliency of analysis units and the representation and 
redundancy of the species to decline. The resiliency of short-tailed 
snake analysis units declines across all scenarios by year 2050, with 
habitat loss continuing at a slower rate through year 2070. However, in 
the three future scenarios and both timesteps, one analysis unit is 
projected to exhibit high resiliency (Unit 1, Mount Dora Ridge) and one 
is projected to exhibit moderate resiliency (Unit 3, Brooksville Ridge 
South) (see figures 2 and 3, below). The two units projected to remain 
in high and moderate resiliency encompass the majority of protected 
lands in the range of the species. Nine of the 11 analysis units are 
projected to exhibit low or very low resiliency in all future scenarios 
at both timesteps. However, 55 to 68 percent of current suitable 
habitat is projected to remain on the landscape in the species' range. 
The analysis unit projected to remain in high resiliency (Unit 1) 
composes 36-42 percent of this spatial habitat extent depending on the 
scenario and timestep. Similarly, the unit projected to remain in 
moderate resiliency (Unit 3) composes 17-18 percent of future suitable 
habitat. Our future condition analysis did not project additional 
analysis unit extirpation, although the eight extirpated units are 
expected to remain extirpated as no suitable habitat remains in these 
areas. The number of analysis units in low or very low resiliency is 
comparable across future scenarios and timesteps, with the expected 
impacts to the species (primarily urbanization) occurring under all 
three scenarios by the earlier timestep of 2050. Under scenarios A and 
B, in 2050 and 2070, our future condition analysis projects one unit 
will remain in high resiliency, one high resiliency unit will shift to 
moderate resiliency, four units will exhibit low resiliency, and five 
units will exhibit very low resiliency. Under Scenario C (higher impact 
scenario) in 2050 and 2070, our future condition analysis projects one 
unit will remain in high resiliency, one high resiliency unit will 
shift to moderate resiliency, three units will exhibit low resiliency, 
and six units will exhibit very low resiliency.
    We expect declines in representation in the future due to 
fragmentation of suitable habitat and decreased connectivity within and 
among analysis units. Similarly, we expect declines in redundancy as 
resiliency decreases in the future. Although no analysis unit 
extirpations are projected, the contributions of analysis units in low 
and very low resiliency to species-level redundancy is limited in the 
future. Representation and redundancy are projected to be reduced 
compared to current levels.
BILLING CODE 4333-15-P

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[GRAPHIC] [TIFF OMITTED] TP03OC23.008


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[GRAPHIC] [TIFF OMITTED] TP03OC23.009

BILLING CODE 4333-15-C

Determination of Short-Tailed Snake's 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 an endangered species or a 
threatened species. The Act defines

[[Page 68086]]

an ``endangered species'' as a species in danger of extinction 
throughout all or a significant portion of its range, and a 
``threatened species'' as a species 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 a 
species meets the definition of 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.

Status Throughout All of Its Range

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the Act's section 4(a)(1) 
factors, we found that the short-tailed snake does not meet the 
definition of an endangered or threatened species throughout all of its 
range. In our assessment of viability for the short-tailed snake, we 
considered the impacts of habitat loss and degradation (Factor A); 
habitat management (Factor A); nonnative, invasive species (Factors A 
and C); climate change (Factor E); disease (Factor C); collection 
(Factor B); intentional killing (Factor E); and small, isolated 
populations (Factor E). Furthermore, we considered the existing 
regulatory mechanisms (Factor D) and conservation measures and their 
effect on the identified threats and the status of the species. Of the 
threats considered, habitat loss and degradation were identified as the 
primary threats impacting populations and the species now and into the 
future. Urbanization and associated development, including roads, is 
the key driver of habitat loss and degradation and landcover change 
within the species' range. Urbanization and development are expected to 
increase within the range of the species in Florida as the human 
population increases there in the future. Sandhill and scrub habitats 
that do not experience habitat management (or natural fire) experience 
succession and become less suitable for short-tailed snake. Invasive 
species encroachment on suitable habitat where the short-tailed snake 
occurs negatively impacts the species as well. The effects of climate 
change act to exacerbate the effect of other threats. The individual 
and synergistic negative impacts to the short-tailed snake are expected 
to increase in the future, including fragmentation of suitable habitat, 
increased road density, reduced habitat management actions (prescribed 
fire), and increased nonnative and invasive species. The effects of 
climate change on short-tailed snake are unclear, but include effects 
to vegetation, natural and prescribed fire, prey species, and perhaps 
reproduction through skewed sex ratios. The effects of climate change 
are expected to increase in the future.
    The species' current representation has likely decreased from its 
historical representation as evidenced by the loss of eight analysis 
units across the range of the species. However, the species occurs in a 
variety of habitats (including sand and scrub) and exhibits 
morphologically distinct groupings across its range. We expect that 
these ecological and morphological variations indicate sufficient 
adaptive capacity in the species. Due to the species' behavioral 
characteristics (fossorial and limited dispersal and its need for loose 
sandy soils), the short-tailed snake may be limited in its capacity to 
shift in space in a changing environment. The species is currently 
represented by six analysis units that exhibit moderate or high 
resiliency, and these six units are distributed across the range of the 
species. Despite the reductions from historical condition with 
extirpations of very small units, we have determined that the species' 
current representation and redundancy are moderate, and the species has 
sufficient ability to adapt to changing environmental conditions 
(representation) and withstand catastrophic events (redundancy).
    As discussed above, the primary threat to the species is the loss 
and degradation of habitat (e.g., urbanization and other land use 
changes, such as agriculture and mining), and this impacts the current 
resiliency of the species across its range. Although the species is 
negatively impacted by the loss and degradation of habitat within our 
assessment of current resiliency, 2 of 11 analysis units exhibit high 
resiliency, 4 analysis units exhibit moderate resiliency, 4 analysis 
units exhibit low resiliency, and 1 analysis unit exhibits very low 
resiliency. The two high resiliency analysis units encompass a large 
area (224,563 ha (554,907 ac)) in the center of the known range of the 
short-tailed snake, and these two units encompass 70 percent of the 
protected lands in the species' range. Further, the areal extent of 
moderate and high resilience analysis units encompasses approximately 
32 percent and 46 percent, respectively, of the total identified 
current habitat. The analysis units exhibiting low (4 analysis units) 
or very low (1 analysis unit) resiliency occur at the periphery of the 
species' range, are generally smaller in size, and encompass less 
suitable habitat than the remaining analysis units.
    Although the species is impacted by threats rangewide, the short-
tailed snake exhibits sufficient resiliency, redundancy, and 
representation to support species' viability. Overall, no current 
threat is acting at an extent or severity such that the short-tailed 
snake is at risk of extinction throughout all of its range. Thus, after 
assessing the best available information, we conclude that the short-
tailed snake is not in danger of extinction throughout all of its 
range.
    Therefore, we proceed with determining whether the short-tailed 
snake is likely to become endangered within the foreseeable future 
throughout all of its range. Under three analyzed plausible future 
scenarios and in both future time horizons of 2050 and 2070, we expect 
habitat quantity and quality to decline. We rely on established models 
of projected landcover change, urbanization, and climate change to 
inform our future condition analysis. Declining habitat conditions are 
expected to negatively affect the short-tailed snake, although we do 
not have information available to accurately project the demographic 
condition of the species in the future. As described above, resiliency 
of 9 of 11 analysis units is projected to decline, and the species-
level representation and redundancy are expected to decline as a 
result. The impacts of urbanization and development and other threats 
are projected to occur across the range by year 2050, with habitat loss 
continuing at a slower rate through year 2070. However, in all future 
scenarios and both timesteps, one analysis unit is projected to remain 
in high resiliency (Unit 1, Mount Dora Ridge), and another is projected 
to exhibit moderate resiliency (Unit 3, Brooksville Ridge South). The 
two analysis units projected in high and moderate resiliency encompass 
45 percent of current identified suitable habitat and 53 to 60 percent 
of projected suitable habitat in the foreseeable future (depending on 
scenario and timestep). The two very large, high and moderately 
resilient analysis units also encompass 70 percent of the protected 
lands in the species' range, where the threat of urbanization and 
development is somewhat reduced. Our future condition analysis did not 
project analysis unit extirpation.
    Although the resiliency of short-tailed snake analysis units is 
expected to be negatively affected by the threat of

[[Page 68087]]

habitat loss, degradation, and fragmentation in the foreseeable future, 
the species will maintain high and moderate resiliency in an area that 
encompasses almost half of the current suitable habitat now and in the 
future. Representation and redundancy are projected to be reduced 
compared to current levels but sufficient to support species' viability 
in the future. After assessing the best available information, we 
conclude that the short-tailed snake is not likely to become endangered 
within 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 
within the foreseeable future throughout all or a significant portion 
of its range. Therefore, we proceed to evaluating whether the species 
is an endangered or threatened species in a significant portion of its 
range--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 in that portion. Depending on the case, it might 
be more efficient for us to address the ``significance'' question or 
the ``status'' question first. We can choose to address either question 
first. Regardless of which question we address first, if we reach a 
negative answer with respect to the first question that we address, we 
do not need to evaluate the other question for that portion of the 
species' range.
    In undertaking this analysis for short-tailed snake, we choose to 
address the status question first--we consider information pertaining 
to the geographic distribution of both the species and the threats that 
the species faces to identify portions of the range where the species 
may be endangered.
    We evaluated the range of the short-tailed snake to determine if 
the species is in danger of extinction now in any portion of its range 
(i.e., if it meets the Act's definition of an endangered species) or is 
likely to become an endangered species within the foreseeable future in 
any portion of its range (i.e., if it meets the Act's definition of a 
threatened species). The range of a species can theoretically be 
divided into portions in an infinite number of ways. We focused our 
analysis on portions of the species' range that may meet the Act's 
definition of an endangered or threatened species.
    As discussed above and in our SSA report, we have information on 
eight analysis units with short-tailed snake occurrences before 1972 
with little or no associated suitable habitat that we have determined 
are likely extirpated. For the purposes of considering portions of the 
short-tailed snake's range, we reviewed the analysis units we 
identified in the SSA report. We did not consider the eight likely 
extirpated analysis units in our future scenario modeling, as we do not 
anticipate that these units will contribute to the future viability of 
the species. Accordingly, when conducting our analysis to determine 
whether the species may be in danger of extinction in a significant 
portion of its range, we consider these very small (121 ha) likely 
extirpated units to be lost historical range and do not consider areas 
of lost historical range to be a significant portion of the range. We 
already take into account the effects that the loss of these units have 
on the current and future viability of short-tailed snake in our 
rangewide determination. This is consistent with our Final Policy on 
Interpretation of the Phrase ``Significant Portion of Its Range'' in 
the Endangered Species Act's Definitions of ``Endangered Species'' and 
``Threatened Species'' (79 FR 37577).
    For the short-tailed snake, we first considered whether there are 
any portions of the species' current range that may have a different 
status. We first considered whether the species may be in danger of 
extinction in a significant portion of its range. As discussed under 
Status Throughout all of Its Range, above, the primary current threats 
to the short-tailed snake are habitat destruction or modification from 
urbanization and other incompatible land uses, such as cropland and 
mining. We examined those threats along with the effects from climate 
change, disease, and cumulative effects, and we considered whether 
conservation efforts and regulatory mechanisms ameliorated any of the 
effects. These factors and threats influence the short-tailed snake 
rangewide; however, we identified five analysis units as a portion 
where the species is currently in low or very low resiliency condition 
(e.g., analysis units 5, 6, 10, 14, and 22) and that may have a 
different status than the remainder of the range. These units comprise 
11.9, 9.4, 2.2, 1.1, and 0.03 percent of the geographic area of the 
short-tailed snake's range respectively, and 25 percent of the range 
collectively. These analysis units are currently in lower resiliency 
conditions than other units throughout the species' range due to 
impacts from increased habitat loss (e.g., urbanization and 
incompatible land use) and habitat fragmentation (e.g., increased road 
density). The impacts to the short-tailed snake and the species' 
response to the threats described have led to low or very low 
resiliency in these analysis units. The best scientific and commercial 
information indicates that these analysis units may have a different 
status than those in the remainder of the species' range.
    We then proceeded to the significance question, asking whether this 
portion of the range (i.e., ``5 analysis units portion''; analysis 
units 5, 6, 10, 14, and 22) is significant. The Service's most recent 
definition of ``significant'' within agency policy guidance has been 
invalidated by court order (see Desert Survivors v. U.S. Department of 
the Interior, 321 F. Supp. 3d 1011, 1070-74 (N.D. Cal. 2018)). In 
undertaking this analysis for the short-tailed snake, we considered 
whether the 5 analysis units portion of the species' range may be 
significant based on its biological importance to the overall viability 
of the short-tailed snake. Therefore, for the purposes of this 
analysis, when considering whether this portion is significant, we 
considered whether the portion may (1) occur in a unique habitat or 
ecoregion for the species; (2) contain high-quality or high-value 
habitat relative to the remaining portions of the range, for the 
species' continued viability in light of the existing threats; (3) 
contain habitat that is essential to a specific life-history function 
for the species and that is not found in the other portions (for 
example, the principal breeding ground for the species); or (4) contain 
a large geographic portion of the suitable habitat relative to the 
remaining portions of the range for the species.
    Individually, the five units that make up the identified portion 
are generally small and occur on the periphery of the range where the 
habitat conditions are less suitable. Collectively, the portion of the 
range containing the 5 analysis units portion does not make up a large 
geographic portion of the suitable habitat (25 percent) relative to the 
remaining portions of the range. In addition, this portion does not 
have any areas of habitat that are unique or contain high-quality or 
high-value habitat relative to the remaining portions of the range. The 
5 analysis units portion does not contain habitat that is essential to 
a specific life-history function. Overall, we found no substantial 
information that would indicate that the 5 analysis units portion 
constitutes a portion of the range that may be significant in terms of 
its overall contribution to the species' resiliency, redundancy, and 
representation, or that it is significant in terms of high-quality 
habitat or otherwise important for the

[[Page 68088]]

species' life history. As a result, we determined that the 5 analysis 
units portion does not constitute a significant portion of the range 
where the species is endangered. Accordingly, the short-tailed snake is 
not in danger of extinction within a significant portion of its range 
and does not meet the definition of an endangered species.
    We next considered whether the short-tailed snake is likely to 
become an endangered species within the foreseeable future in a 
significant portion of its range (i.e., if it meets the Act's 
definition of a threatened species). As described under Status 
Throughout All of Its Range, above, urbanization and development have 
impacted the short-tailed snake's viability through habitat loss and 
degradation and the associated reduced ability to effectively manage or 
maintain suitable habitat. The risks to the species associated with the 
negative effects of land use change on its habitat are likely to 
continue into the foreseeable future. These factors and threats 
influence the short-tailed snake rangewide; however, the threats are 
projected to have a more pronounced effect in 9 of the 11 non-
extirpated analysis units such that they may have a different status 
than the remainder of the range within the foreseeable future. This 
geographic area (north/south portion) includes the nine areas 
delineated in the SSA report as Units 4 through 8, 10, 12, 14, and 22 
(all non-extirpated units except Units 1 and 3) (Service 2021, entire). 
Although threats are similar throughout the species' range, the 
species' future response appears more pronounced in the nine analysis 
units in the northwest portion. For example, future resiliency for all 
nine analysis units is projected to be low or very low in all scenarios 
at both timesteps in the future. These units exhibit a greater decline 
of resiliency than the remaining portions of the range. The nine 
analysis units in the north/south portion generally have a lower 
proportion of moderate or highly suitable habitat in the future, as 
well as a lower proportion of protected areas within the analysis unit. 
The nine units in the north/south portion of the range are projected to 
have a higher degree of habitat degradation and habitat loss due to 
urbanization. Given the projected decline in resiliency in predicted 
future conditions within these nine analysis units, the best available 
scientific and commercial information indicates that the north/south 
portion, including analysis units 4 through 8, 10, 12, 14, and 22, is a 
portion that is likely to be in danger of extinction within the 
foreseeable future. The reductions in resiliency across these units 
will also affect the species' ability to recover from future 
catastrophic events (redundancy) and the species' capacity to adapt to 
future expected environmental changes (representation).
    We then proceeded to the significance question, asking whether this 
portion of the range (i.e., north/south portion including analysis 
units 4 through 8, 10, 12, 14, and 22) is significant. As discussed 
above, the Service's most recent definition of ``significant'' within 
agency policy guidance has been invalidated by court order (see Desert 
Survivors v. U.S. Department of the Interior, 321 F. Supp. 3d 1011, 
1070-74 (N.D. Cal. 2018)). In undertaking this analysis for the short-
tailed snake, we considered whether the north/south portion of the 
species' range may be significant based on its biological importance to 
the overall viability of the short-tailed snake. Therefore, for the 
purposes of this analysis, when considering whether this portion is 
significant, we considered whether the portion may (1) occur in a 
unique habitat or ecoregion for the species; (2) contain high-quality 
or high-value habitat relative to the remaining portions of the range, 
for the species' continued viability in light of the existing threats; 
(3) contain habitat that is essential to a specific life-history 
function for the species and that is not found in the other portions 
(for example, the principal breeding ground for the species); or (4) 
contain a large geographic portion of the suitable habitat relative to 
the remaining portions of the range for the species.
    The north/south portion, consisting of nine analysis units, 
constitutes approximately 55 percent of the identified current suitable 
habitat across the short-tailed snake's range (278,599 of 503,161 
hectares); and therefore is a large geographic area relative to the 
remaining portions of the range. Therefore, having assessed the north/
south portion's biological significance in terms of the habitat 
considerations described above, we find the best available information 
indicates this portion is significant to the short-tailed snake.
    Accordingly, having determined that the north/south portion of the 
species' range is (1) significant, and (2) likely to become in danger 
of extinction within the foreseeable future, we find that the short-
tailed snake is likely to become an endangered species within the 
foreseeable future in a significant portion of its range. Accordingly, 
it meets the Act's definition of a threatened species. This is 
consistent with the courts' holding in Desert Survivors v. Department 
of the Interior, 321 F. Supp. 3d 1011 (N.D. Cal. 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 
information indicates that the short-tailed snake meets the Act's 
definition of a threatened species. Therefore, we propose to list the 
short-tailed snake as a threatened species in accordance with sections 
3(20) and 4(a)(1) of the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition as a listed 
species, planning and implementation of recovery actions, requirements 
for Federal protection, and prohibitions against certain practices. 
Recognition through listing results in public awareness, and 
conservation by Federal, State, Tribal, and local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and other countries and calls for recovery actions to be carried 
out for listed species. The protection required by Federal agencies, 
including the Service, and the prohibitions against certain activities 
are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Section 4(f) of the Act calls for the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The goal of this process is to restore listed 
species to a point where they are secure, self-sustaining, and 
functioning components of their ecosystems.
    The recovery planning process begins with development of a recovery 
outline made available to the public soon after a final listing 
determination. The recovery outline guides the immediate implementation 
of urgent recovery actions while a recovery plan is being developed. 
Recovery teams (composed of species experts, Federal and State 
agencies, nongovernmental organizations, and stakeholders) may be 
established to develop and implement recovery plans. The recovery 
planning process involves the identification of actions that are 
necessary to halt and reverse the species' decline by

[[Page 68089]]

addressing the threats to its survival and recovery. The recovery plan 
identifies recovery criteria for review of when a species may be ready 
for reclassification from endangered to threatened (``downlisting'') or 
removal from protected status (``delisting''), and methods for 
monitoring recovery progress. Recovery plans also establish a framework 
for agencies to coordinate their recovery efforts and provide estimates 
of the cost of implementing recovery tasks. Revisions of the plan may 
be done to address continuing or new threats to the species, as new 
substantive information becomes available. The recovery outline, draft 
recovery plan, final recovery plan, and any revisions will be available 
on our website as they are completed (https://www.fws.gov/program/endangered-species), or from our Florida Ecological Services Field 
Office (see FOR FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribes, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands.
    If this species is listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost-share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of Florida would be 
eligible for Federal funds to implement management actions that promote 
the protection or recovery of the short-tailed snake. Information on 
our grant programs that are available to aid species recovery can be 
found at: https://www.fws.gov/service/financial-assistance.
    Although the short-tailed snake is only proposed for listing under 
the Act at this time, please let us know if you are interested in 
participating in recovery efforts for this species. Additionally, we 
invite you to submit any new information on this species whenever it 
becomes available and any information you may have for recovery 
planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7 of the Act is titled, ``Interagency Cooperation'' and 
mandates all Federal action agencies to use their existing authorities 
to further the conservation purposes of the Act and to ensure that 
their actions are not likely to jeopardize the continued existence of 
listed species or adversely modify critical habitat. Regulations 
implementing section 7 are codified at 50 CFR part 402.
    Section 7(a)(2) states that each Federal action agency shall, in 
consultation with the Secretary, ensure that any action they authorize, 
fund, or carry out is not likely to jeopardize the continued existence 
of a listed species or result in the destruction or adverse 
modification of designated critical habitat. Each Federal agency shall 
review its action at the earliest possible time to determine whether it 
may affect listed species or critical habitat. If a determination is 
made that the action may affect listed species or critical habitat, 
formal consultation is required (see 50 CFR 402.14(a)), unless the 
Service concurs in writing that the action is not likely to adversely 
affect listed species or critical habitat. At the end of a formal 
consultation, the Service issues a biological opinion, containing its 
determination of whether the Federal action is likely to result in 
jeopardy or adverse modification.
    In contrast, section 7(a)(4) of the Act requires Federal agencies 
to confer with the Service on any action that is likely to jeopardize 
the continued existence of any species proposed to be listed under the 
Act or result in the destruction or adverse modification of critical 
habitat proposed to be designated for such species. Although the 
conference procedures are required only when an action is likely to 
result in jeopardy or adverse modification, action agencies may 
voluntarily confer with the Service on actions that may affect species 
proposed for listing or critical habitat proposed to be designated. In 
the event that the subject species is listed or the relevant critical 
habitat is designated, a conference opinion may be adopted as a 
biological opinion and serve as compliance with section 7(a)(2) of the 
Act.
    Examples of discretionary actions for the short-tailed snake that 
may be subject to conference and consultation procedures under section 
7 of the Act are land management or other landscape-altering activities 
on Federal lands administered by the Department of Defense, U.S. Forest 
Service, and U.S. Fish and Wildlife Service, as well as actions on 
State, Tribal, local, or private lands that require a Federal permit 
(such as a permit from the U.S. Army Corps of Engineers under section 
404 of the Clean Water Act (33 U.S.C. 1251 et seq.) or a permit from 
the Service under section 10 of the Act) or that involve some other 
Federal action (such as funding from the Federal Highway 
Administration, Federal Aviation Administration, or the Federal 
Emergency Management Agency). Federal actions not affecting listed 
species or critical habitat--and actions on State, Tribal, local, or 
private lands that are not federally funded, authorized, or carried out 
by a Federal agency--do not require section 7 consultation. Federal 
agencies should coordinate with the local Service Field Office (see FOR 
FURTHER INFORMATION CONTACT) with any specific questions on section 7 
consultation and conference requirements.
    It is the policy of the Service, as published in the Federal 
Register on July 1, 1994 (59 FR 34272), to identify to the extent known 
at the time a species is listed, specific activities that will not be 
considered likely to result in violation of section 9 of the Act. To 
the extent possible, activities that will be considered likely to 
result in violation will also be identified in as specific a manner as 
possible. The intent of this policy is to increase public awareness of 
the effect of a proposed listing on proposed and ongoing activities 
within the range of the species proposed for listing. Although most of 
the prohibitions in section 9 of the Act apply to endangered species, 
sections 9(a)(1)(G) and 9(a)(2)(E) of the Act prohibit the violation of 
any regulation issued under section 4(d) of the Act pertaining to any 
threatened species of fish or wildlife, or threatened species of plant, 
respectively. Section 4(d) of the Act directs the Secretary to 
promulgate protective regulations that are necessary and advisable for 
the conservation of threatened species. As a result, we interpret our 
policy to mean that, when we list a species as a threatened species, to 
the extent possible, we identify activities that will or will not be 
considered likely to result in violation of the protective regulations 
under section 4(d) for that species.
    At this time, for the short-tailed snake, we are unable to identify 
specific activities that will or will not be considered likely to 
result in violation of section 9 of the Act beyond what is already 
clear from the descriptions of the proposed prohibitions and exceptions 
that would be established by protective regulation under section 4(d) 
of the Act (see II. Proposed Rule Issued Under Section 4(d) of the Act, 
below).

[[Page 68090]]

    Questions regarding whether specific activities would constitute 
violation of section 9 of the Act should be directed to the Florida 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

II. Proposed Rule Issued Under Section 4(d) of the Act

Background

    Section 4(d) of the Act contains two sentences. The first sentence 
states that the Secretary shall issue such regulations as she deems 
necessary and advisable to provide for the conservation of species 
listed as threatened species. The U.S. Supreme Court has noted that 
statutory language similar to the language in section 4(d) of the Act 
authorizing the Secretary to take action that she ``deems necessary and 
advisable'' affords a large degree of deference to the agency (see 
Webster v. Doe, 486 U.S. 592, 600 (1988)). Conservation is defined in 
the Act to mean the use of all methods and procedures which are 
necessary to bring any endangered species or threatened species to the 
point at which the measures provided pursuant to the Act are no longer 
necessary. Additionally, the second sentence of section 4(d) of the Act 
states that the Secretary may by regulation prohibit with respect to 
any threatened species any act prohibited under section 9(a)(1), in the 
case of fish or wildlife, or section 9(a)(2), in the case of plants. 
Thus, the combination of the two sentences of section 4(d) provides the 
Secretary with wide latitude of discretion to select and promulgate 
appropriate regulations tailored to the specific conservation needs of 
the threatened species. The second sentence grants particularly broad 
discretion to the Service when adopting one or more of the prohibitions 
under section 9.
    The courts have recognized the extent of the Secretary's discretion 
under this standard to develop rules that are appropriate for the 
conservation of a species. For example, courts have upheld, as a valid 
exercise of agency authority, rules developed under section 4(d) that 
included limited prohibitions against takings (see Alsea Valley 
Alliance v. Lautenbacher, 2007 WL 2344927 (D. Or. 2007); Washington 
Environmental Council v. National Marine Fisheries Service, 2002 WL 
511479 (W.D. Wash. 2002)). Courts have also upheld 4(d) rules that do 
not address all of the threats a species faces (see State of Louisiana 
v. Verity, 853 F.2d 322 (5th Cir. 1988)). As noted in the legislative 
history when the Act was initially enacted, ``once an animal is on the 
threatened list, the Secretary has an almost infinite number of options 
available to [her] with regard to the permitted activities for those 
species. [She] may, for example, permit taking, but not importation of 
such species, or [she] may choose to forbid both taking and importation 
but allow the transportation of such species'' (H.R. Rep. No. 412, 93rd 
Cong., 1st Sess. 1973).
    The provisions of this proposed 4(d) rule would promote 
conservation of the short-tailed snake by encouraging management of the 
habitat for the species in ways that facilitate conservation for the 
species. The provisions of this proposed rule are one of many tools 
that we would use to promote the conservation of the short-tailed 
snake. This proposed 4(d) rule would apply only if and when we make 
final the listing of the short-tailed snake as a threatened species.
    As mentioned previously in Available Conservation Measures, section 
7(a)(2) of the Act requires Federal agencies, including the Service, to 
ensure that any action they authorize, fund, or carry out is not likely 
to jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of designated critical habitat of such species. In addition, even 
before the listing of any species or the designation of its critical 
habitat is finalized, section 7(a)(4) of the Act requires Federal 
agencies to confer with the Service on any agency action which is 
likely to jeopardize the continued existence of any species proposed to 
be listed under the Act or result in the destruction or adverse 
modification of critical habitat proposed to be designated for such 
species.
    These requirements are the same for a threatened species with a 
species-specific 4(d) rule. For example, as with an endangered species, 
if a Federal agency determines that an action is ``not likely to 
adversely affect'' a threatened species, it will require the Service's 
written concurrence (50 CFR 402.13(c)). Similarly, if a Federal agency 
determinates that an action is ``likely to adversely affect'' a 
threatened species, the action will require formal consultation with 
the Service and the formulation of a biological opinion (50 CFR 
402.14).

Provisions of the Proposed 4(d) Rule

    Exercising the Secretary's authority under section 4(d) of the Act, 
we have developed a proposed rule that is designed to address the 
short-tailed snake's conservation needs. As discussed previously in 
Summary of Biological Status and Threats, we have concluded that the 
short-tailed snake is likely to become in danger of extinction within 
the foreseeable future primarily due to habitat loss and degradation as 
a result of urbanization, development, and other land use changes 
(e.g., agriculture and mining) and a lack of habitat management (e.g., 
lack of prescribed fire in an ecosystem-appropriate fire interval and 
encroachment of invasive species). Section 4(d) requires the Secretary 
to issue such regulations as she deems necessary and advisable to 
provide for the conservation of each threatened species and authorizes 
the Secretary to include among those protective regulations any of the 
prohibitions that section 9(a)(1) of the Act prescribes for endangered 
species. We find that, if finalized, the protections, prohibitions, and 
exceptions in this proposed rule as a whole satisfy the requirement in 
section 4(d) of the Act to issue regulations deemed necessary and 
advisable to provide for the conservation of the short-tailed snake.
    The protective regulations we are proposing for the short-tailed 
snake incorporate prohibitions from section 9(a)(1) to address the 
threats to the species. Section 9(a)(1) prohibits the following 
activities for endangered wildlife: importing or exporting; take; 
possession and other acts with unlawfully taken specimens; delivering, 
receiving, carrying, transporting, or shipping in interstate or foreign 
commerce in the course of commercial activity; or selling or offering 
for sale in interstate or foreign commerce. This protective regulation 
would provide for the conservation of the short-tailed snake by 
including all of these prohibitions because the short-tailed snake is 
at risk of extinction within the foreseeable future and putting these 
prohibitions in place would help to prevent further declines and 
preserve the species' remaining populations.
    In particular, this proposed 4(d) rule would provide for the 
conservation of the short-tailed snake by prohibiting the following 
activities, unless they fall within specific exceptions or are 
otherwise authorized or permitted: importing or exporting; take; 
possession and other acts with unlawfully taken specimens; delivering, 
receiving, carrying, transporting, or shipping in interstate or foreign 
commerce in the course of commercial activity; or selling or offering 
for sale in interstate or foreign commerce.
    Under the Act, ``take'' means to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct. Some of these provisions have

[[Page 68091]]

been further defined in regulations at 50 CFR 17.3. Take can result 
knowingly or otherwise, by direct and indirect impacts, intentionally 
or incidentally. Regulating take would help preserve the species' 
remaining populations, slow their rate of decline, and decrease 
cumulative effects from other ongoing or future threats. Therefore, we 
propose to prohibit take of the short-tailed snake, except for take 
resulting from those actions and activities specifically excepted by 
the 4(d) rule.
    The exceptions to the prohibition on take for the short-tailed 
snake would include all of the general exceptions to the prohibition on 
take of endangered wildlife, as set forth at 50 CFR 17.21(c)(2) through 
(4), along with other standard exceptions to the prohibitions (see 
Proposed Regulation Promulgation, below). The statute also contains 
certain exemptions from the prohibitions, which are found in sections 9 
and 10 of the Act.
    We are also considering additional exceptions to prohibitions 
including incidental take resulting from habitat management activities 
that maintain or restore short-tailed snake habitat including 
implementation of prescribed fire, actions to reduce the threat of 
invasive species such as feral hogs, or other activities that result in 
more suitable habitat conditions for the species. We are also 
considering a provision excepting incidental take from silviculture 
practices and forestry activities that follow best management 
practices. As described in Information Requested, we are soliciting 
comments from the public regarding specific prohibitions and exceptions 
to prohibitions of take of the short-tailed snake that we may consider 
in developing the final 4(d) rule for the species.
    Despite the prohibitions regarding threatened species, we may under 
certain circumstances issue permits to carry out one or more otherwise-
prohibited activities, including those described above. The regulations 
that govern permits for threatened wildlife state that the Director may 
issue a permit authorizing any activity otherwise prohibited with 
regard to threatened species. These include permits issued for the 
following purposes: for scientific purposes, to enhance propagation or 
survival, for economic hardship, for zoological exhibition, for 
educational purposes, for incidental taking, or for special purposes 
consistent with the purposes of the Act (see 50 CFR 17.32).
    We recognize the special and unique relationship with our State 
natural resource agency partners in contributing to conservation of 
listed species. State agencies often possess scientific data and 
valuable expertise on the status and distribution of endangered, 
threatened, and candidate species of wildlife and plants. State 
agencies, because of their authorities and their close working 
relationships with local governments and landowners, are in a unique 
position to assist us in implementing all aspects of the Act. In this 
regard, section 6 of the Act provides that we must cooperate to the 
maximum extent practicable with the States in carrying out programs 
authorized by the Act. Therefore, any qualified employee or agent of a 
State conservation agency that is a party to a cooperative agreement 
with us in accordance with section 6(c) of the Act, who is designated 
by his or her agency for such purposes, would be able to conduct 
activities designed to conserve short-tailed snake that may result in 
otherwise prohibited take without additional authorization.
    Nothing in this proposed 4(d) rule would change in any way the 
recovery planning provisions of section 4(f) of the Act, the 
consultation requirements under section 7 of the Act, or our ability to 
enter into partnerships for the management and protection of the short-
tailed snake. However, interagency cooperation may be further 
streamlined through planned programmatic consultations for the species 
between us and other Federal agencies, where appropriate. We ask the 
public, particularly State agencies and other interested stakeholders 
that may be affected by the proposed 4(d) rule, to provide comments and 
suggestions regarding additional guidance and methods that we could 
provide or use, respectively, to streamline the implementation of this 
proposed 4(d) rule (see Information Requested, above).

III. Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Our regulations at 50 CFR 424.02 define the geographical area 
occupied by the species as an area that may generally be delineated 
around species' occurrences, as determined by the Secretary (i.e., 
range). Such areas may include those areas used throughout all or part 
of the species' life cycle, even if not used on a regular basis (e.g., 
migratory corridors, seasonal habitats, and habitats used periodically, 
but not solely by vagrant individuals).
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that each Federal action agency ensure, in 
consultation with the Service, that any action they authorize, fund, or 
carry out is not likely to result in the destruction or adverse 
modification of designated critical habitat. The designation of 
critical habitat does not affect land ownership or establish a refuge, 
wilderness, reserve, preserve, or other conservation area. Such 
designation also does not allow the government or public to access 
private lands. Such designation does not require implementation of 
restoration, recovery, or enhancement measures by non-Federal 
landowners. Rather, designation requires that, where a landowner 
requests Federal agency funding or authorization for an action that may 
affect an area designated as critical habitat, the Federal agency 
consult with the Service under section 7(a)(2) of the Act. If the 
action may affect the listed species itself (such as for occupied 
critical habitat), the Federal agency would have already been required 
to consult with the Service even absent the designation because of the 
requirement to ensure that the action is not likely to jeopardize the 
continued existence of the species. Even if the Service were to 
conclude after consultation that the proposed activity is likely to 
result in destruction or adverse modification of the critical habitat, 
the Federal action agency and

[[Page 68092]]

the landowner are not required to abandon the proposed activity, or to 
restore or recover the species; instead, they must implement 
``reasonable and prudent alternatives'' to avoid destruction or adverse 
modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) which are essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific data available, those physical or biological features that 
are essential to the conservation of the species (such as space, food, 
cover, and protected habitat).
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information from the SSA report and information developed during the 
listing process for the species. Additional information sources may 
include any generalized conservation strategy, criteria, or outline 
that may have been developed for the species; the recovery plan for the 
species; articles in peer-reviewed journals; conservation plans 
developed by States and counties; scientific status surveys and 
studies; biological assessments; other unpublished materials; or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions found in the 4(d) rule. Federally 
funded or permitted projects affecting listed species outside their 
designated critical habitat areas may still result in jeopardy findings 
in some cases. These protections and conservation tools will continue 
to contribute to recovery of the species. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, habitat conservation plans, or other species 
conservation planning efforts if new information available at the time 
of those planning efforts calls for a different outcome.

Critical Habitat Determinability

    We determine that critical habitat is prudent. Our regulations at 
50 CFR 424.12(a)(2) state that critical habitat is not determinable 
when one or both of the following situations exist:
    (i) Data sufficient to perform required analyses are lacking, or
    (ii) The biological needs of the species are not sufficiently well 
known to identify any area that meets the definition of ``critical 
habitat.''
    When critical habitat is not determinable, the Act allows the 
Service an additional year to publish a critical habitat designation 
(16 U.S.C. 1533(b)(6)(C)(ii)).
    We reviewed the available information pertaining to the biological 
needs of the species and habitat characteristics where this species is 
located. For the short-tailed snake, the species' needs can be inferred 
from habitat where it occurs but are not well known. In addition, a 
careful assessment of the economic impacts that may occur due to a 
critical habitat designation is ongoing. Until these efforts are 
complete, information sufficient to perform a required analysis of the 
impacts of the designation is lacking. Therefore, we conclude that the 
designation of critical habitat for the short-tailed snake is prudent, 
but not determinable at this time. The Act allows the Service an 
additional year to publish a critical habitat designation that is not 
determinable at the time of listing (16 U.S.C. 1533(b)(6)(C)(ii)).

Required Determinations

Clarity of the Rule

    We are required by Executive Orders (E.O.s) 12866 and 12988 and by 
the Presidential Memorandum of June 1, 1998, to write all rules in 
plain language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    Regulations adopted pursuant to section 4(a) of the Act are exempt 
from the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) and do not require an environmental analysis under NEPA. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This includes 
listing, delisting, and reclassification rules, as well as critical 
habitat designations and species-specific protective regulations 
promulgated concurrently with a decision to list or reclassify a 
species as threatened. The courts have upheld this position (e.g., 
Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995)

[[Page 68093]]

(critical habitat); Center for Biological Diversity v. U.S. Fish and 
Wildlife Service, 2005 WL 2000928 (N.D. Cal. Aug. 19, 2005) (concurrent 
4(d) rule)).

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), E.O. 13175 (Consultation and Coordination 
with Indian Tribal Governments), and the Department of the Interior's 
manual at 512 DM 2, we readily acknowledge our responsibility to 
communicate meaningfully with federally recognized Tribes on a 
government-to-government basis. In accordance with Secretary's 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. We coordinated with Tribes in the SSA development process 
and prior to the publication of this proposed rule. We will continue to 
work with Tribal entities during the development of a proposed rule for 
the designation of critical habitat for the short-tailed snake.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at https://www.regulations.gov and upon request from 
the Florida Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Fish and Wildlife Service's Species Assessment Team and the Florida 
Ecological Services Field Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Plants, 
Reporting and recordkeeping requirements, Transportation, Wildlife.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, 
unless otherwise noted.

0
2. In Sec.  17.11, in paragraph (h), amend the List of Endangered and 
Threatened Wildlife by adding an entry for ``Snake, short-tailed'' in 
alphabetical order under REPTILES to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name              Scientific name        Where listed          Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
            Reptiles
 
                                                  * * * * * * *
Snake, short-tailed.............  Lampropeltis         Wherever found.....               T   [Federal Register
                                   extenuata.                                                 citation when
                                                                                              published as a
                                                                                              final rule]; 50
                                                                                              CFR 17.42(r).\4d\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. As proposed to be amended at 85 FR 61700 (September 30, 2020), 86 FR 
18014 (April 7, 2021), 86 FR 62434 (November 9, 2021), 86 FR 66624 
(November 23, 2021), and 87 FR 58648 (September 27, 2022), Sec.  17.42 
is further amended by adding paragraph (r) to read as follows:


Sec.  17.42  Special rules--reptiles.

* * * * *
    (r) Short-tailed snake (Lampropeltis extenuata).
    (1) Prohibitions. The following prohibitions that apply to 
endangered wildlife also apply to short-tailed snake. Except as 
provided under paragraph (r)(2) of this section and Sec. Sec.  17.4 and 
17.5, it is unlawful for any person subject to the jurisdiction of the 
United States to commit, to attempt to commit, to solicit another to 
commit, or cause to be committed, any of the following acts in regard 
to this species:
    (i) Import or export, as set forth at Sec.  17.21(b) for endangered 
wildlife.
    (ii) Take, as set forth at Sec.  17.21(c)(1) for endangered 
wildlife.
    (iii) Possession and other acts with unlawfully taken specimens, as 
set forth at Sec.  17.21(d)(1) for endangered wildlife.
    (iv) Interstate or foreign commerce in the course of commercial 
activity, as set forth at Sec.  17.21(e) for endangered wildlife.
    (v) Sale or offer for sale, as set forth at Sec.  17.21(f) for 
endangered wildlife.
    (2) Exceptions from prohibitions. In regard to this species, you 
may:
    (i) Conduct activities as authorized by a permit under Sec.  17.32.
    (ii) Take, as set forth at Sec.  17.21(c)(2) through (c)(4) for 
endangered wildlife.
    (iii) Take, as set forth at Sec.  17.31(b).
    (iv) Possess and engage in other acts with unlawfully taken 
wildlife, as set forth at Sec.  17.21(d)(2) for endangered wildlife.

Janine Velasco,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-21667 Filed 10-2-23; 8:45 am]
BILLING CODE 4333-15-P