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Proposed Rule2022-21543

Endangered and Threatened Wildlife and Plants; Endangered Species Status for Rim Rock Crowned Snake and Key Ring-Necked Snake and Designation of Critical Habitat

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Published

October 14, 2022

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

We, the U.S. Fish and Wildlife Service (Service), propose to list two Florida species, the Key ring-necked snake (Diadophis punctatus acricus) and the rim rock crowned snake (Tantilla oolitica), and propose to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on the petition to list the Key ring-necked snake and the rim rock crowned snake. After a review of the best available scientific and commercial information, we find that listing both species is warranted. Accordingly, we propose to list both species as endangered species under the Act. If we finalize this rule as proposed, it would add the species to the List of Endangered and Threatened Wildlife and extend the Act's protections to both species. We also propose to designate critical habitat for the Key ring-necked snake and the rim rock crowned snake under the Act. In total, approximately 2,604 acres (ac) (1,054) hectares (ha) in Monroe County, Florida, and approximately 5,972 ac (2,418 ha) in Miami-Dade County and Monroe County, Florida, fall within the boundaries of the proposed critical habitat designation for the Key ring-necked snake and the rim rock crowned snake, respectively. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for both species.

Full Text

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[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Proposed Rules]
[Pages 62614-62674]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21543]

[[Page 62613]]

Vol. 87

Friday,

No. 198

October 14, 2022

Part IV

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Endangered Species
Status for Rim Rock Crowned Snake and Key Ring-Necked Snake and
Designation of Critical Habitat; Proposed Rule

Federal Register / Vol. 87 , No. 198 / Friday, October 14, 2022 /
Proposed Rules

[[Page 62614]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2022-0022; FF09E21000 FXES1111090FEDR 223]
RIN 1018-BE84

Endangered and Threatened Wildlife and Plants; Endangered Species
Status for Rim Rock Crowned Snake and Key Ring-Necked Snake and
Designation of Critical Habitat

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 two Florida species, the Key ring-necked snake (Diadophis
punctatus acricus) and the rim rock crowned snake (Tantilla oolitica),
and propose to designate critical habitat under the Endangered Species
Act of 1973, as amended (Act). This determination also serves as our
12-month finding on the petition to list the Key ring-necked snake and
the rim rock crowned snake. After a review of the best available
scientific and commercial information, we find that listing both
species is warranted. Accordingly, we propose to list both species as
endangered species under the Act. If we finalize this rule as proposed,
it would add the species to the List of Endangered and Threatened
Wildlife and extend the Act's protections to both species. We also
propose to designate critical habitat for the Key ring-necked snake and
the rim rock crowned snake under the Act. In total, approximately 2,604
acres (ac) (1,054) hectares (ha) in Monroe County, Florida, and
approximately 5,972 ac (2,418 ha) in Miami-Dade County and Monroe
County, Florida, fall within the boundaries of the proposed critical
habitat designation for the Key ring-necked snake and the rim rock
crowned snake, respectively. We announce the availability of a draft
economic analysis of the proposed designation of critical habitat for
both species.

DATES: We will accept comments received or postmarked on or before
December 13, 2022. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. We must receive requests for a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by November 28, 2022.

ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R4-ES-2022-0022,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, check the Proposed
Rule box to locate this document. You may submit a comment by clicking
on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R4-ES-2022-0022, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: For the proposed critical
habitat designation, the coordinates or plot points or both from which
the maps are generated are included in the decision file and are
available at <a href="https://www.fws.gov/office/florida-ecological-services">https://www.fws.gov/office/florida-ecological-services</a> and
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R4-ES-2022-0022.
Additional supporting information that we developed for this proposed
rule will be available on the Service's website, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or both.

FOR FURTHER INFORMATION CONTACT: Lourdes Mena, Division Manager,
Classification and Recovery, Florida Ecological Services Field Office,
7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517;
<a href="/cdn-cgi/l/email-protection#bcd0d3c9ced8d9cfe3d1d9d2ddfcdacbcf92dbd3ca"><span class="__cf_email__" data-cfemail="8ce0e3f9fee8e9ffd3e1e9e2edcceafbffa2ebe3fa">[email&#160;protected]</span></a>; telephone 904-731-3134. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, 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.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule. Under the Act, 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 endangered 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
Key ring-necked snake and the rim rock crowned snake both meet the
Act's definition of an endangered species; therefore, we are proposing
to list them as such and are proposing a designation of critical
habitat for both species. Both listing a species as an endangered or
threatened species and designating critical habitat can be completed
only by issuing a rule through the Administrative Procedure Act
rulemaking process.
What this document does. We propose to list both the Key ring-
necked snake and the rim rock crowned snake as endangered species under
the Act, and we propose to designate critical habitat for both species.
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 Key ring-necked snake
and the rim rock crowned snake are facing threats due to development
(Factor A), fire suppression (Factor A), and effects associated with
climate change, particularly sea level rise and saltwater intrusion
(Factor E).
Section 4(a)(3) of the Act requires the Secretary of the Interior
(Secretary) to designate critical habitat concurrent with listing to
the maximum extent prudent and determinable. 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

[[Page 62615]]

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.

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;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, their
habitats, or both.
(2) Factors that may affect 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.
(3) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to these species and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status, range, distribution, and population size of these species,
including the locations of any additional populations of these species.
(5) Information on the immediacy and magnitude of threats to the
rim rock crowned snake in the upper and lower Florida Keys.
(6) Whether we should consider evaluating populations of the rim
rock crowned snake as distinct population segments.
(7) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including information regarding the following factors that the
regulations identify as reasons why designation of critical habitat may
be not prudent:
(a) The species are threatened by taking or other human activity
and identification of critical habitat can be expected to increase the
degree of such threat to the species; or
(b) Such designation of critical habitat would not be beneficial to
the species. In determining whether a designation would not be
beneficial, the factors the Services may consider include but are not
limited to: Whether the present or threatened destruction,
modification, or curtailment of a species' habitat or range is not a
threat to the species, or whether any areas meet the definition of
``critical habitat.''
(8) Specific information on:
(a) The amount and distribution of Key ring-necked snake and rim
rock crowned snake habitat;
(b) Any additional areas occurring within the range of the species
that should be included in the designation because they (1) are
occupied at the time of listing and contain the physical or biological
features that are essential to the conservation of the species and that
may require special management considerations, or (2) are unoccupied at
the time of listing and are essential for the conservation of the
species.
(c) For areas not occupied at the time of listing that may be
essential for the conservation of the species, we particularly seek
comments on whether any additional unoccupied areas should be
designated for either species. For the rim rock crowned snake, we ask
for information on areas in the Environmentally Endangered Lands (EEL)
program in Miami-Dade County that may be essential to the conservation
of the rim rock crowned snake. For the Key ring-necked snake, we
request information or additional survey data to determine whether we
should designate unoccupied critical habitat on Key West for the Key
ring-necked snake; and
(d) Special management considerations or protection that may be
needed in critical habitat areas we are proposing, including managing
for the potential effects of climate change.
(9) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
(10) Any probable economic, national security, or other relevant
impacts of designating any area that may be included in the final
designation, and the related benefits of including or excluding
specific areas.
(11) Information on the extent to which the description of probable
economic impacts in the draft economic analysis (DEA) is a reasonable
estimate of the likely economic impacts and any additional information
regarding probable economic impacts that we should consider.
(12) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act, and whether the benefits of potentially excluding
any specific area outweigh the benefits of including that area under
section 4(b)(2) of the Act. Specific information we seek includes the
effectiveness of the Monroe County habitat conservation plan (HCP) in
protecting pine rocklands and rockland hammock habitat and in providing
for conservation of the Key ring-necked snake and the rim rock crowned
snake.
(13) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include. If you
request exclusion of a particular area or areas from the final
designation, please provide information regarding the existence of a
meaningful economic or other relevant impact supporting the benefit of
exclusion of that particular area.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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

[[Page 62616]]

guarantee that we will be able to do so. We will post all hardcopy
submissions on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Because we will consider all comments and information we receive
during the comment period, our final determinations may differ from
this proposal. Based on the new information we receive (and any
comments on that new information), we may conclude that either or both
species are threatened instead of endangered, or we may conclude that
either or both species do not warrant listing as either endangered
species or threatened species. For critical habitat, our final
designation may not include all areas proposed, may include some
additional areas that meet the definition of critical habitat, or may
exclude some areas if we find the benefits of exclusion outweigh the
benefits of inclusion.

Public Hearing

Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing. 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 these virtual public
hearings is consistent with our regulations at 50 CFR 424.16(c)(3).

Previous Federal Actions

Both the Key ring-necked snake and the rim rock crowned snake were
included as Category 2 candidate species in our December 30, 1982 (47
FR 58454), September 18, 1985 (50 FR 37958), January 6, 1989 (54 FR
554), November 21, 1991 (56 FR 58804), and November 15, 1994 (59 FR
58982), candidate notices of review (CNORs). Category 2 included taxa
for which information in our possession indicated that a proposed
listing rule was possibly appropriate, but for which sufficient data on
biological vulnerability and threats were not available to support a
proposed rule.
In the CNOR published on February 28, 1996 (61 FR 7596), we
announced a revised list of plant and animal taxa that were regarded as
candidates for possible addition to the Lists of Endangered and
Threatened Wildlife and Plants. The revised candidate list included
only former Category 1 species. Former Category 2 species were removed
from the candidate list in order to reduce confusion about the
conservation status of these species and to clarify that we no longer
regarded these species as candidates for listing. Since both the Key
ring-necked snake and the rim rock crowned snake were Category 2
species, they were no longer recognized as candidate species as of the
publication of the February 28, 1996, CNOR.
On July 11, 2012, we received a petition from the Center for
Biological Diversity requesting that 53 species of reptiles and
amphibians, including the Key ring-necked snake and the rim rock
crowned snake, be listed as endangered or threatened and critical
habitat be designated under the Act.
On July 1, 2015, we published a 90-day finding (80 FR 37568) that
the petition presented substantial scientific or commercial information
indicating that the petitioned action may be warranted for both the Key
ring-necked snake and the rim rock crowned snake. This proposed rule
constitutes our 12-month petition finding for both species.

Supporting Documents

A species status assessment (SSA) team prepared SSA reports for
both the Key ring-necked snake and the rim rock crowned snake (Service
2021a, entire; Service 2021b, entire). The SSA teams were composed of
Service biologists, in consultation with other species experts. The SSA
reports represent 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 of listing actions under the Act, we sent the Key
ring-necked snake SSA report to five independent peer reviewers for
review, including scientists with expertise in wildlife biology,
herpetology, and conservation biology. We received two responses. We
sent the rim rock crowned snake SSA report to five independent peer
reviewers, including scientists with expertise in wildlife biology,
herpetology, and conservation biology. We received three responses.

I. Proposed Listing Determination

Background

Key Ring-Necked Snake

A thorough review of the taxonomy, life history, and ecology of the
Key ring-necked snake (Diadophis punctatus acricus) is presented in the
SSA report (version 1.0; Service 2021a, pp. 2-5). The Key ring-necked
snake is one of 14 distinct subspecies of ring-necked snakes in North
America, all of which are subspecies of D. punctatus. It is one of the
smallest subspecies of the Family Dipsadidae; an adult specimen will
average between 6 and 10 inches (in) (15.2 to 25.4 centimeters (cm)). A
recent review of phylogenetic data supports the current subspecies
classification for the Key ring-necked snake (Hoffman 2019, entire).
This slender snake has a pale grayish-brown head; a grayish-black
dorsal surface; and a yellow, orange, or bright red abdomen which fades
to orange/red underneath the tail (Florida Fish and Wildlife
Conservation Commission (FWC) 2013, p. 1). The pupil is round, and the
juvenile color is similar to that of the adult (Ernst and Ernst 2003,
p. 92; FWC 2013, p. 1). The characteristic neck ring is indistinct or
virtually absent in both juveniles and adults.
Little life-history information is available on the Key ring-necked
snake, especially as it relates to microhabitat, feeding, and
reproduction. Life-history characteristics are thought to be similar to
the southern ring-necked snake. In general, mating of ring-necked
snakes can occur in the spring or fall, delayed fertilization is
possible, and eggs are laid in June or early July. Females lay 1 to 10
eggs at a time each year (1 clutch/year) in covered, moist locations
(Ernst and Ernst 2003, p. 95). Juveniles are thought to hatch in August
and September.
Suitable habitat appears to consist of pinelands, pine rocklands,
tropical hammock, rockland hammock, limestone outcroppings, and rocky
pine scrub areas (McDiarmid 1978, p. 41; Lazell 1989, p. 134; Auth and
Scott 1996, p. 33; Enge et al. 2003, pp. 26-28). Most of the
observations in the Florida Keys were from pine rocklands or nearby
rockland hammocks. This subspecies appears to be restricted to areas
near permanent freshwater that often occur as small holes in the
oolitic (a sedimentary rock, usually limestone, composed of minute
rounded concretions) substrate that underlies pine rocklands and
rockland hammock habitat (Lazell 1989, pp. 134, 136). All Diadophis
apparently require moist microhabitats to balance evaporative

[[Page 62617]]

water loss from the body (Myers 1965, p. 4; Clark 1967, pp. 492-494).
Key ring-necked snakes have been documented on seven lower Florida
Keys: Key West, Big Pine Key, Little Torch Key, Middle Torch Key, No
Name Key, Cudjoe Key, and Stock Island (Auth and Scott 1996, p. 33; FWC
2011, p. 3; 2013, p. 1; Mays and Enge 2016, pp. 11, 13; J. Mays 2020,
pers. comm.) (see figure 1, below). A unique characteristic of the
Florida Keys is the thin (<3.94 in (10 cm)) layer of sediment on the
islands beneath which lies a bed of limestone, and below that a shallow
layer of freshwater referred to as a freshwater lens (U.S. Geological
Survey (USGS) 2019a, p. 1). Because the density of freshwater is less
than the underlying saltwater, it floats to the top and into the
limestone rock formations where it becomes available to the island's
biota. The volume of a freshwater lens fluctuates in response to
rainfall, evapotranspiration, and human use (local wells).
Systematic recent surveys have not been conducted for the Key ring-
necked snake across all of the Florida Keys; therefore, the true
spatial distribution of populations throughout the Florida Keys is
unclear and our current understanding of the subspecies' distribution
is primarily based on historical records. Consequently, this subspecies
may occur on Florida Keys other than those reported.
[GRAPHIC] [TIFF OMITTED] TP14OC22.050

Figure 1.--Distribution and occurrences of the Key ring-necked snake.

Rim Rock Crowned Snake

A thorough review of the taxonomy, life history, and ecology of the
rim rock crowned snake (Tantilla oolitica) is presented in the SSA
report (version 1.0; Service 2021b, pp. 10-20). The rim rock crowned
snake is in the family Colubridae, part of the black-headed, crowned,
and flat-headed snake genus Tantilla, with 76 currently recognized
species ranging from the southern United States to northern Argentina
(Powell et al. 2016, pp. 395-400). The rim rock crowned snake is most
closely related to the southeastern crowned snake (T. coronata)
taxonomically, although it is located geographically closer to the
Florida crowned snake (T. relicta; Ernst and Ernst 2003, pp. 353-355).
No genetic analysis has been conducted on the rim rock crowned snake.
Rim rock crowned snakes have a black head (``cap'') that is
continuous from snout to neck (``collar''), transitioning to tan or
beige on its back, and a pinkish white to cream belly. There is often a
pale blotch just behind the eye. Specimens from the Florida Keys may
have a pale neckband that is not present in mainland specimens,
separating the black cap from the black collar (Porras and Wilson 1979,
pp. 218-220). Adults range 7-9 in (18-23 cm) in length. Females reach a
greater length than do males, but have shorter tails (Ernst and Ernst
2003, pp. 353-355). Hatchlings range from 3-3.5 in (7.5-9.0 cm) in
length.
The reproduction, longevity, and diet of the rim rock crowned snake
are unknown, but if it is similar to the closely related southeastern
crowned snake, it probably matures at 2 years old and may live to be at
least 5 years old in the wild (Todd et al. 2008, p. 392). There may be
three eggs in a clutch, and they may be able to produce two clutches
annually (Ernst and Ernst 2003, pp. 353-355). There is no information
as to whether eggs or juvenile rim rock crowned snakes require
different habitat than adults. Predators are likely larger snake
species that inhabit the same areas. It may also be preyed upon by the

[[Page 62618]]

slender brown scorpion (Centruroides gracilis), which is abundant in
rockland habitat (Porras and Wilson 1979, pp. 218-220).
The rim rock crowned snake is a mostly fossorial (underground)
species that inhabits shallow soil over limestone formations, and it
can sometimes be found in rotten stumps and under anthropogenic surface
detritus, fallen logs, and rocks (Duellman and Schwarz 1958, p. 306;
Rochford et al. 2010, p. 99; Yirka et al. 2010, p. 386; FWC 2011, p. 3;
Hines 2011, p. 353). These snakes are vulnerable to desiccation, so
they usually occupy moist microhabitats (Powell et al. 2016, pp. 395-
400). Refugia in pine rocklands and rockland hammock are provided by
holes and crevices in the limestone, piles of rock rubble, pockets of
organic matter accumulating in solution holes, and shallow depressions
in the limestone (Enge et al. 2003, pp. 27-28). Rim rock crowned snakes
likely come to the surface after rains (Porras and Wilson 1979, pp.
218-220), possibly because of flooding of its underground refugia.
The rim rock crowned snake has been historically found in the lower
Florida Keys, in particular Key West and Big Pine Key; the upper
Florida Keys; and the southeastern Florida peninsula within Miami-Dade
County, in a variety of locations (see figure 2, below). Within this
limited range, the rim rock crowned snake is found in pine rocklands
and rockland hammock, which consist of a limestone substrate and
outcroppings. Pine rocklands habitat is fire-maintained and dominated
by pine trees and a diverse understory of grasses and forbs/herbs. In
contrast, rockland hammock contains more hardwood shrubs and trees due
to less fire influence. There are also occurrence records from human-
altered habitats such as roadsides, vacant lots, and pastures with
shrubby growth and slash pines (Pinus elliottii) (Duellman and Schwarz
1958, p. 306; Hines 2011, pp. 352-356).
Because of the rim rock crowned snake's cryptic and fossorial
nature, a method to formally census remaining populations throughout
its range has not been developed. We do not have any information on the
current status of the rim rock crowned snake in these areas and based
our understanding of the species' range on observational records and
habitat suitability. Limited dispersal is thought to occur between rim
rock crowned snake populations within the Florida Keys because there is
no evidence that indicates they readily swim to other islands.
Additionally, areas in Miami-Dade County where populations may remain
are likely isolated from others due to physical barriers from a dense
urban interface.
[GRAPHIC] [TIFF OMITTED] TP14OC22.051

Figure 2.--Distribution and occurrences of the rim rock crowned snake.

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

[[Page 62619]]

critical habitat for threatened and endangered species. In 2019,
jointly with the National Marine Fisheries Service, the Service issued
final rules that revised the regulations in 50 CFR parts 17 and 424
regarding how we add, remove, and reclassify threatened and endangered
species and the criteria for designating listed species' critical
habitat (84 FR 45020 and 84 FR 44752; August 27, 2019). At the same
time 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 (collectively, the 2019 regulations).
However, on July 5, 2022, the U.S. District Court for the Northern
District of California vacated the 2019 regulations (Center for
Biological Diversity v. Haaland, No. 4:19-cv-05206-JST, Doc. 168 (N.D.
Cal. July 5, 2022) (CBD v. Haaland)), reinstating the regulations that
were in effect before the effective date of the 2019 regulations as the
law governing species classification and critical habitat decisions.
Accordingly, in developing the analysis contained in this proposal, we
applied the pre-2019 regulations, which may be reviewed in the 2018
edition of the Code of Federal Regulations at 50 CFR 17.31, 17.71,
424.02, 424.11(d) and (e), and 424.12(a)(1) and (b)(2)). Because of the
ongoing litigation regarding the court's vacatur of the 2019
regulations, and the resulting uncertainty surrounding the legal status
of the regulations, we also undertook an analysis of whether the
proposal would be different if we were to apply the 2019 regulations.
That analysis, which we described in a separate memo in the decisional
file and posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>, concluded that we would
have reached the same proposal if we had applied the 2019 regulations.
The differences in the 2009 Solicitor's opinion and 2019 regulations do
not change our determination of what constitutes the foreseeable future
for the rim rock crowned snake. Under either regulatory scheme we find
that critical habitat is prudent for the two snakes. For the Key ring-
necked snake, we did not identify any unoccupied areas essential for
the conservation of the Key ring-necked snake, which is consistent with
2016 and 2019 regulations. For the rim rock crowned snake, by the year
2040, all suitable habitat in the lower Florida Keys and up to half of
suitable habitat in the upper Florida Keys will be affected by sea
level rise and saltwater intrusion. As such, we are also proposing to
designate areas not currently occupied by the species, because we
determined the unoccupied units are essential for the conservation of
the rim rock crowned snake. It is reasonably certain that the
unoccupied units will contribute to the conservation of the species by
providing additional areas for rim rock crowned snake recovery actions,
including population establishment, and the unoccupied units contain
all of the physical or biological features that are essential to the
conservation of the species and it has the abiotic and biotic features
that currently or periodically contain the resources and conditions
necessary to support one or more life processes of the rim rock crowned
snake.
On September 21, 2022, the U.S. Circuit Court of Appeals for the
Ninth Circuit stayed the district court's July 5, 2022, order vacating
the 2019 regulations until a pending motion for reconsideration before
the district court is resolved (In re: Cattlemen's Ass'n, No. 22-
70194). The effect of the stay is that the 2019 regulations are
currently the governing law. Because a court order requires us to
submit this proposal to the Federal Register by September 30, 2022, it
is not feasible for us to revise the proposal in response to the Ninth
Circuit's decision. Instead, we hereby adopt the analysis in the
separate memo that applied the 2019 regulations as our primary
justification for the proposal. However, due to the continued
uncertainty resulting from the ongoing litigation, we also retain the
analysis in this preamble that applies the pre-2019 regulations and we
conclude that, for the reasons stated in our separate memo analyzing
the 2019 regulations, this proposal would have been the same if we had
applied the pre-2019 regulations.
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 species.'' Because
the decision in CBD v. Haaland vacated our 2019 regulations with
respect to our consideration of foreseeable future, we refer to a 2009
Department of the Interior Solicitor's opinion entitled ``The Meaning
of `Foreseeable Future' in Section 3(20) of the Endangered Species
Act'' (M-37021). The Solicitor's opinion

[[Page 62620]]

states that the foreseeable future ``must be rooted in the best
available data that allow predictions into the future'' and extends as
far as those predictions are ``sufficiently reliable to provide a
reasonable degree of confidence in the prediction, in light of the
conservation purposes of the Act.'' Id. at 13.
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 reports document the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the two species, including assessment of the potential
threats to the species. The SSA reports do not represent our decision
on whether the species should be proposed for listing as endangered or
threatened species under the Act. However, they do 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. The following is a summary of
the key results and conclusions from the SSA reports, which can be
found at Docket No. FWS-R4-ES-2022-0022 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and at <a href="https://www.fws.gov/office/florida-ecological-services">https://www.fws.gov/office/florida-ecological-services</a>.
To assess Key ring-necked snake and rim rock crowned snake
viability, we used the three conservation biology principles of
resiliency, redundancy, and representation (Shaffer and Stein 2000, pp.
306-310). Briefly, resiliency supports the ability of the species to
withstand environmental and demographic stochasticity (for example, wet
or dry, warm or cold years), redundancy supports the ability of the
species to withstand catastrophic events (for example, droughts, large
pollution events), and representation supports the ability of the
species to adapt over time to long-term changes in the environment (for
example, climate changes). In general, the more resilient and redundant
a species is and the more representation it has, the more likely it is
to sustain populations over time, even under changing environmental
conditions. Using these principles, we identified the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels, and described the
beneficial and risk factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we 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. We use this information to inform our regulatory
decision.

Summary of Biological Status and Threats

In this discussion, we review the biological condition of the
species and their resources, and the threats that influence the
species' current and future conditions, to assess the species' overall
viability and the risks to that viability.

Key Ring-Necked Snake--Population and Subspecies Needs

In this discussion, we outline the resource needs of individuals
and populations of the Key ring-necked snake. As part of the
assessment, we first identify and describe the four most influential
factors representing the individual and population needs for the
subspecies: prey, refugia, water, and available suitable habitat. Due
to the relative rarity of this subspecies and its secretive nature,
many aspects of the life history of this taxon as well as information
on population status and trends are poorly known. We rely upon
ecologically and genetically similar species to draw inferences when
data are lacking.
For prey, the Key ring-necked snake is assumed to be similar to
other Diadophis species (such as the southern ring-necked snake), which
prey upon small insects, snakes, lizards (anoles, geckos), slugs,
amphibians (frogs, tadpoles), and earthworms (Ernst and Ernst 2003, p.
96; FWC 2013, p. 2).
Key ring-necked snakes require refugia to escape and hide from
predators and to regulate body temperature. Refugia in pine rocklands
and rockland hammock are likely provided by holes and crevices in the
limestone, piles of rock rubble, and pockets of organic matter
accumulating in solution holes and shallow depressions in the oolitic
limestone (Enge et al. 2003, p. 28). Snakes are ectothermic organisms,
which require an external heat source to warm their bodies in order to
increase body function and productivity. Snakes can also become too
hot, leading to desiccation. Therefore, a warm, moist habitat,
typically subterranean or shielded from the sun, is likely a preferred
refugium to escape from predators and to properly maintain homeostasis
(suitable internal temperature and moisture levels).
Water is essential for Key ring-necked snake survival. This
subspecies appears to be restricted to areas near permanent freshwater
sources that often occur as small holes in the limestone (Lazell 1989,
pp. 134, 136). The extensive network of holes, tunnels, and cavities in
the limestone substrate most likely assists in creating more permanent
water sources. During times of drought, these sources may become scarce
and the Key ring-necked snakes may need to seek out other freshwater
sources. Consequently, it is important for the Key ring-necked snake to
have multiple freshwater sources in case one becomes depleted,
contaminated, or unavailable. If all local water sources within a
snake's home range become dry, the snake may need to expend more energy
and time in search of new water sources.
The most influential need for population viability is available
suitable habitat. Home range is defined as the area a snake traverses
for its normal daily activities (Burt 1943, pp. 350-351; Miller 2008,
p. 16). The specific acreage associated with the Key ring-necked
snake's home range is unknown; however, an individual was documented
traveling 154.2 feet (ft) (47 meters (m)) between coverboards (Lazell
1989, p. 134). Over 400 mark recapture measurements of ring-necked
snakes in Kansas indicated a mean travel distance of 262 ft (80m) with
a maximum distance of 5,577 ft (1,700 m) (Fitch 1975, p. 25). In
another study, a different ring-neck snake subspecies (Diadophis
punctatus ) in northern Michigan was documented to travel between 20 ft
(6 m) and 1 mile (1,609 m) (Blanchard et al. 1979, pp. 382, 385). Thus,
although ring-necked snakes generally only move within a small home
range, they will occasionally disperse over longer distances through
suitable habitat.

[[Page 62621]]

In regard to population size and distribution of the Key ring-
necked snake, there may be either distinct, non-interbreeding
populations at each Key, or some occasional but rare level of dispersal
from rafting (oceanic dispersal whereby a species travels between
islands on a mass or raft of vegetation) between Keys, providing at
least a small level of connectivity between individual populations.
Because the Key ring-necked snake appears to be isolated to the Keys,
the relatively small, archipelago of islands can each support only a
small number of individuals (or separate populations).
Due to the cryptic nature of the Key ring-necked snake and limited
research, there is virtually no information concerning the population
structure and demographics exhibited by this subspecies. Additionally,
no information exists on the abundance (number of individuals) or
growth rate of these populations. Therefore, we base our assessment of
the health and resiliency of these populations on the condition of its
habitat as a proxy. That said, continued occurrence of populations over
time at known locations suggest some ability to withstand stochastic
events on the Keys, historically.
Populations of the Key ring-necked snake are supported by the
existence of suitable available habitat (pine rocklands and rockland
hammock) across the subspecies' range. Therefore, a strong correlation
to habitat availability and Key ring-necked snake populations can be
assumed but not at a level of certainty in which the presence of
suitable pine rockland or rockland hammock habitat can be used as a
surrogate for Key ring-necked snake presence.
Passive dispersal of individual Key ring-necked snakes among the
Florida Keys may be occurring on a very limited and random basis. The
level to which immigration and emigration via dispersal acts as a
factor towards population resiliency and prevention against extinction
for this subspecies is unknown. Many of the Florida Keys have yet to be
surveyed for Key ring-necked snakes, but if occupied, they could act as
``stepping stones'' in the random dispersal of individual snakes by way
of swimming or rafting. That said, due to the limited size of the
Florida Keys, the distance between the Keys, and the fact that swimming
has not been documented in Key ring-necked snakes, dispersal is not
likely, and, thus, it has a limited influence on population dynamics.
Overall, we lack detailed scientific information on the extent of the
Key ring-necked snake's individual populations and population
structure. Thus, our understanding of the factors influencing Key ring-
necked snake resiliency is limited.
Because systematic recent surveys have not been conducted for the
Key ring-necked snake across all of the Florida Keys, the true spatial
distribution of populations throughout the Florida Keys is unclear and
our current understanding of the subspecies' distribution is primarily
based on historical records.
As discussed above, widely distributed populations offer better
redundancy than if the populations all occur in close proximity and are
vulnerable to similar threats at the same intensity or timing. Because
of the Key ring-necked snake's limited geographic range, the species is
exposed to threats concurrently and of similar frequency, intensity,
and duration across its range. For example, the entire subspecies is
vulnerable to the effects of a hurricane passing over the Florida Keys.
Additionally, the extent of suitable habitat is naturally limited in
the Keys. Consequently, there is little natural redundancy or
``backup'' for the available habitat, and natural expansion or movement
of the subspecies to new areas is not probable. The minimum number of
sufficiently resilient populations necessary to sustain the subspecies
is unknown. Based on the presence of pine rocklands and rockland
hammock habitat (total acreage 7,006 ac (2,835 ha)) in the upper
Florida Keys, redundancy could be higher if discrete populations occur
across the upper Florida Keys. However, the range of this subspecies
appears to be restricted to the lower Florida Keys (Mays 2020, pers.
comm.). Given the low likelihood of dispersal between islands, we
considered islands in the lower Florida Keys (Key West, Big Pine Key,
Little Torch Key, Middle Torch Key, No Name Key, Cudjoe Key, and Stock
Island) as separate Key ring-necked snake populations.
As currently indicated, the Key ring-necked snake occupies a small
geographic area, making it vulnerable to large-scale threats (for
example, storm events/hurricanes, sea level rise) that affect the
entire Florida Keys archipelago.
Because of the Key ring-necked snake's narrow geographic and
ecological range, there is little variation in habitat types occupied.
Also, the Key ring-necked snake does not occur across different
ecosystems or have access to different systems in which to adapt.
Therefore, the Key ring-necked snake has a narrow breadth of genetic
and environmental diversity within and among populations.

Rim Rock Crowned Snake--Population and Species Needs

As part of the population needs assessment for the rim rock crowned
snake, we identified and described the most influential factors
(available prey, water, refugia, and suitable habitat) representing the
individual and population needs for the species.
The diet of rim rock crowned snakes probably consists of
centipedes, insects, and other small invertebrates, similar to the diet
of other members of the genus Tantilla. Prey eaten by wild and captive
T. coronata include tenebrionid beetle larvae, earthworms, snails,
centipedes, spiders, cutworms, wireworms, and termites and their larvae
(Ernst and Ernst 2003, pp. 353-355). We do not know what the prey-
related requirements (abundance variety, range, etc.) are to maintain
viability.
Water is essential for rim rock crowned snake survival. We have no
specific information on the amount of water they require; however,
similar species of Tantilla tend to survive in warm, moist conditions
where water is intermittently available. Small amounts of water can be
found in depressions and holes in the limestone substrate, which fill
from rain fall or overnight dew. The extensive network of holes,
tunnels, and cavities in the limestone substrate may also lead to more
permanent water sources. During times of drought, these sources may
become scarce, and the snake may need to seek out other fresh water
sources. The rim rock crowned snake must have multiple fresh water
sources in case one becomes depleted, contaminated, or unavailable. If
all local water sources within a snake's home range become dry, the
snake may need to expend more energy and time in search of new water
sources.
Rim rock crowned snakes require refugia to escape and hide from
predators and to regulate body temperature. Refugia in pine rocklands
and rockland hammock are provided by holes and crevices in the
limestone, piles of rock rubble, and pockets of organic matter
accumulating in solution holes and shallow depressions in the limestone
(Enge et al. 2003, pp. 27-28). Snakes are ectothermic organisms, which
require an external heat source for homeostasis. Snakes can also become
too hot, consequently leading to desiccation. Therefore, a warm, moist
habitat, typically subterranean or shielded from the sun, is likely a
preferred refugium to escape from

[[Page 62622]]

predators and to properly maintain homeostasis.
We do not know how much suitable habitat and habitat connectivity
is required to maintain viability. An observation of a rim rock crowned
snake was recorded (Hines 2011, pp. 352-356) at the Barnacle Historic
State Park in Coconut Grove, Miami, Florida, a site that consists of
only 6 ac (2 ha) of rockland hammock habitat. We do not know if pine
rocklands or rockland hammocks are more suitable for the rim rock
crowned snake, as they have been observed in both. Home range is
defined as the area a snake traverses for its normal daily activities
(Burt 1943, pp. 350-351; Miller 2008, p. 16). The rim rock crowned
snake's home range size is unknown.
Rim rock crowned snake populations need abundant individuals within
habitat patches of adequate area and quality to maintain survival and
reproduction despite disturbance. Therefore, a strong correlation to
habitat availability and rim rock crowned snake populations can be
assumed, but not at a level of certainty in which the presence of
suitable pine rockland or rockland hammock habitat can be used as a
surrogate for rim rock crowned snake presence.
Despite these uncertainties, data indicate that the limited and
patchy distribution of occupied suitable habitat is negatively
affecting population resiliency across the species' range. The majority
of suitable rim rock crowned snake habitat in southeastern Miami-Dade
County and the Florida Keys has been developed and is highly impacted
by human activities. Additionally, the Florida Keys are limited
naturally in their land area.
Dispersal of individual snakes among the fragmented suitable
habitat in Miami-Dade County could occur, but if it does, it is
expected to be on a limited and random basis. The level to which
immigration and emigration via dispersal influence population
resiliency and extinction risk is unknown. Above-ground dispersal may
not be as effective in a highly urbanized environment. The limited size
of the suitable habitat and the distance of urban barriers between them
suggest that dispersal is unlikely to currently influence the
population dynamics. The extent to which rim rock crowned snakes are
able to use subterranean cavities of the Miami limestone rock ridge to
subvert urban barriers is unknown. Because the underlying rock ridge
throughout Miami-Dade County is porous, there is potential for
individuals to use it as a means of dispersal to avoid urban barriers.
If used, it could allow more successful random dispersal of individual
snakes than above-ground means. However, the extent of influence of
dispersal remains largely unknown.
In the Florida Keys, passive dispersal of individual snakes among
keys may be occurring on a very limited and random basis. The level to
which immigration and emigration via dispersal acts as a factor towards
population resiliency and prevention against extinction for this
species is unknown. Many of the Florida Keys have yet to be searched,
but if occupied, they could act as ``stepping stones'' in the random
dispersal of individual snakes. However, the limited size of the
Florida Keys and the distance between them means that dispersal is not
likely; thus, it currently has a limited influence on population
dynamics.
No recent surveys have been conducted for the rim rock crowned
snake; therefore, the true spatial distribution of populations
throughout Miami-Dade County and the Florida Keys is unclear, and our
current image of the species' distribution is primarily based on
historical records. Consequently, this species may very well occur on
other areas in Miami-Dade County or the Florida Keys other than those
reported, and the importance of the other areas (other than those with
identified populations) to the overall species' resiliency is unclear.
To date, no genetic analysis has been conducted on the rim rock crowned
snake. Consequently, it is unknown whether or not genetically discrete
populations exist in the upper or lower Florida Keys or Miami-Dade
County where this species has been historically reported. No
information exists on the abundance or growth rate of these
populations.
Having multiple populations distributed across the landscape offers
better redundancy than if the populations all occur in very close
proximity and are vulnerable to stressors with the same intensity or
timing. For example, the entire species is vulnerable to the effects of
a hurricane passing over south Florida. Limited acreage of suitable
habitat remains in Miami-Dade County and the Florida Keys;
consequently, there is limited opportunity for natural expansion, and
movement of the species to new areas is not probable.
Species redundancy for the rim rock crowned snake is provided by
individuals being distributed across Miami-Dade County and the upper
and lower Florida Keys. However, due to the lack of recent surveys
conducted within Miami-Dade County and the Florida Keys, the current
rim rock crowned snake's range is unknown. Despite a level of
redundancy provided by the discrete populations and individuals found
dispersed across Miami-Dade County and the Florida Keys, the rim rock
crowned snake lacks redundancy because of its small endemic range. For
some large-scale stressors (storm events and hurricanes) that affect
southeastern Florida and the Florida Keys, the species is vulnerable to
the timing and intensity of impacts. Overall, the rim rock crowned
snake needs multiple, interconnected, healthy populations across its
range.
Given the low likelihood of dispersal between islands, we
considered islands in the Florida Keys as separate rim rock crowned
snake populations. In the upper Keys, north Key Largo, south Key Largo,
Plantation Key, Upper Matecombe Key, Lower Matecombe Key, and Marathon
(Grassy and Vaca Keys) are considered separate populations. In the
lower Keys, Big Pine Key and Key West are considered separate
populations. Similarly, due to physical barriers (roads, structures,
canals, etc.), we considered the Miami-Dade County locations as
distinct populations: Arch Creek Park, Barnacle Historic State Park
(BHSP), Bill Sadowski Park, Deering Estate/Ludlum Pineland Area/Chapman
Field (DLC), Ned Glenn Pineland, Rockdale and Richmond Pine Rocklands
Tract (Zoo Miami).
With regard to representation, the rim rock crowned snake occurs
across a narrow geographic and ecological range. Consequently, there is
no variation across distance or elevation as there is for other wider-
ranging species. The rim rock crowned snake has not been found to occur
across different ecosystems, and it is not known if it disperses
farther from the limestone rock ridge in southeastern peninsular
Florida.
As mentioned previously, no genetic analyses have been conducted on
the rim rock crowned snake. Hence, the genetic diversity of this
species is unknown, and there is little environmental diversity beyond
the two habitat types where the species is found. Similarly, it is
unclear if there are morphological or behavioral differences between
different rim rock crowned snake populations.

Threats Discussion

We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA reports, we have not
only analyzed individual effects on the species, but we have also
analyzed their potential cumulative effects. We incorporate the
cumulative effects into our SSA analysis when we characterize the
current and future condition of the

[[Page 62623]]

species. To assess the current and future condition of the species, we
undertake an iterative analysis that encompasses and incorporates the
threats individually and then accumulates and evaluates the effects of
all the 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.
Following are summary evaluations of six threats analyzed in the
SSAs for both the Key ring-necked snake and the rim rock crowned snake:
Development (Factor A), fire suppression (Factor A), sea level rise
(Factor A), saltwater intrusion (Factor A), shifts in seasonal patterns
of rainfall and temperature (Factor A), and storm events (Factor A). We
also evaluate existing regulatory mechanisms (Factor D) and ongoing
conservation measures.
In the SSAs, we also considered four additional threats:
Overutilization due to recreational, educational, and scientific use
(Factor B); disease (Factor C); predation (Factor C); and invasive
species (Factor E). We concluded that, as indicated by the best
available scientific and commercial information, these threats are
currently having little to no impact on either the Key ring-necked
snake or the rim rock crowned snake and their habitat, and thus their
overall effect now and into the future is expected to be minimal.
Therefore, we will not present summary analyses of those threats in
this document, but we will consider them in our cumulative assessment
of impacts to the species. For full descriptions of all threats and how
they impact the species, please see both SSA reports (Service 2021a,
pp. 9-21; Service 2021b, pp. 25-40).

Key Ring-Necked Snake--Current Threats and Condition

We do not have fine-scale information to determine different levels
of threats within individual populations of the Key ring-necked snake.
Thus, for this subspecies, we considered threats and population
resiliency on the scale of individual islands in that area.
Development
The Key ring-necked snake inhabits a variety of rockland habitat in
Monroe County that has been and is still desirable for residential and
commercial development (Service 1999, p. 3-174). Over half of the
rockland habitat within the Florida Keys has been and continues to be
altered, degraded, or destroyed for residential and commercial
development (Hodges and Bradley 2006, pp. 8-9). Urban development and
historical land use for agriculture have greatly reduced the extent of
pine rocklands in the Florida Keys. Additionally, the quality of some
pine rocklands has declined in the Keys because the remaining habitat
patches are isolated and confined by surrounding urban development.
Although individual snakes show some tolerance of habitat alteration,
development and conversion of suitable snake habitat can impact all
life stages of the Key ring-necked snake. In addition to direct impacts
from loss of soils for nesting and movement and the loss of shelter and
shade for adult snakes, ground cover and availability of invertebrate
food sources can be reduced. Indirectly, connectivity is further
decreased, hindering the finding of mates and the dispersal to new
locations by juveniles.
Currently, total habitat area potentially available to Key ring-
necked snakes in the lower Florida Keys consists of 1,899 ac (769 ha)
of pine rocklands habitat and 3,806 ac (1,540 ha) of rockland hammock
habitat (USGS 2019b, p. 4). While the hammock habitats are widespread
across many islands in various sizes, pine rocklands remain on only
five islands in the lower Florida Keys. One of these islands, Big Pine
Key, has 1,480 ac (599 ha) (78 percent) of total pine rocklands area,
while other Keys (Little Pine Key, No Name Key, Cudjoe Key, and
Sugarloaf Key) contain only small areas of hardwood-invaded pine
rocklands. The Florida Keys Carrying Capacity Study conducted in 2003
(Monroe County 2016, entire), concluded that development in the Florida
Keys has surpassed the carrying capacity of upland habitats to maintain
their ecological integrity, that any further development in the Florida
Keys would exacerbate secondary and indirect impacts to remaining
habitat, and that any further urbanization in areas dominated by native
vegetation would exacerbate habitat loss and fragmentation.
Some habitat protections are currently in place for the Key ring-
necked snake. In 2006, Monroe County implemented an HCP for Big Pine
Key and No Name Key that incorporates guidelines and recommendations
from the 2003 study. The primary goal of the HCP is to maintain and
implement a system that directs future growth to meet goals, including
to protect natural resources and to encourage a compact pattern of
development. Subsequently, future development on these islands must
meet the requirements of the HCP. Furthermore, to fulfill the HCP's
mitigation requirement, Monroe County has been actively acquiring
parcels of high-quality habitat for listed species and managing them
for conservation, including pine rocklands habitat on Big Pine Key and
No Name Key. Although the Key ring-necked snake is not a covered
species under this HCP, we still expect the habitat protections
afforded by the HCP to provide the Key ring-necked snake some
protection from development.
Suitable habitat for the Key ring-necked snake is protected within
preserves such as the Florida Keys National Wildlife Refuge Complex.
The complex spans two Key ring-necked snake populations on No Name Key
and Big Pine Key. Overall, 4,711.36 ac (1,906.62 ha) (82.6 percent) of
pine rockland and rockland hammock habitats in the lower Keys are
protected or under conservation (Florida Natural Areas Inventory (FNAI)
2019). The remaining suitable habitat for the Key ring-necked snake is
extremely vulnerable to development. Other than these avenues to
protect suitable habitat, the existing regulatory mechanisms and
conservation measures do not address the impacts of development.
The effects of development have the potential to reduce individual
survival of Key ring-necked snakes and, therefore, may decrease
population resiliency. Resiliency may be further reduced due to loss of
connectivity between populations, both as dispersal within populations
as they become fragmented and dispersal between occurrences on
individual islands. Similarly, because the Key ring-necked snake is
endemic to only a few lower Florida Key islands, losing even a few
populations to the effects of development would result in a substantial
reduction in subspecies redundancy. The Monroe County HCP may prevent
further development of pine rocklands, although population resiliency
would continue to decline as habitats remain degraded due to impacts
associated with development.
Fire Suppression
In addition to historical loss of habitat via urban development and
agriculture, the quality of pine rocklands has declined due to fire
suppression. Further, the quality of some pine rocklands has declined
in the Keys because they are isolated and confined by surrounding urban
development that restricts the use of prescribed fire, which is the
principal management tool. Prescribed fire must be periodically

[[Page 62624]]

introduced to sustain the pine rocklands community structure. In the
absence of fire, pine rocklands are invaded by many of the species
found in hardwood hammocks, they lose their herbaceous flora, and they
move along a successional trajectory toward hammock (Service 1999, pp.
3-173). These rockland hammocks are generally present where pine
rocklands were not burned for a long period of time, leading to pine
rocklands fragmentation. This fragmentation in turn increases the risk
of invasion by exotic vegetation along the interface with disturbed or
developed areas, further altering, degrading, or destroying suitable
habitat for the Key ring-necked snake.
Although Key ring-necked snakes occur in areas where fire has been
suppressed, pine rocklands habitat quality is reduced by lack of fire.
Thus, fire suppression has the potential to reduce population
resiliency through ongoing habitat degradation.
Climate Change
The predominant threat currently affecting the Key ring-necked
snake and its habitat is the rapid and intense shifts in climate
occurring as a result of increasing greenhouse gas emissions. The
entire Florida Keys archipelago is being affected by increases in sea
level, saltwater intrusion, increases in tide and tidal flooding, and
shifts in seasonal climate pattern. In the SSA report and this proposed
rule, we discuss the effects of climate change on the Key ring-necked
snake in terms of sea level rise, saltwater intrusion, shifts in
seasonal patterns of rainfall and temperature, and storm events
(Service 2021a, pp. 23-28).
Sea level rise--The Key ring-necked snake is vulnerable to current
and predicted sea level rise across its entire range because it is
located only in the Florida Keys, where the effects of increasing sea
levels, higher tidal surges, increased coastal and inland flooding, and
saltwater intrusion are currently being experienced (Benedict et al.
2018, pp. 9, 13, 31, 7-i; Service 2019, p. 1). The Florida Keys are
among the most vulnerable areas to the effects of sea level rise due to
their low mean elevation of less than 4 ft (1.2 m) (Service 2019, p.
9). Consequently, the lowest parts of the Florida Keys are highly
susceptible to flooding, with parts of the islands farther upland at
risk of inundation and saltwater intrusion.
Global sea level has increased by 8 to 9 in (0.20 to 0.23 m) since
1880, with the rate of increase doubling over the past 20 years
(Service 2017, p. 5). From 1913 to 2018, the mean high-water line on
Key West rose 0.09 in (0.23 cm) per year (National Oceanic and
Atmospheric Administration (NOAA) 2019; Service 2021a, Figure 3). On
Vaca Key, sea levels rose 0.14 in (0.36 cm) per year between 1971
(start of data collection) and 2018 (NOAA 2019; Service 2021a, Figure
3).
Recent analysis is now indicating an accelerated rate of sea level
rise for the eastern United States above that of the global rate (Park
and Sweet 2015, entire; Sweet et al. 2017, pp. 39-41, Sweet et al.
2022, pp. 20-21). The accelerated sea level rise in south Florida is
being attributed to shifts in the Florida Current due to added ocean
mass brought on by the melting Antarctic and Greenland ice packs and
thermal expansion from the warming ocean (Park and Sweet 2015, entire;
Rahmstorf et al. 2015, entire; Deconto and Pollard 2016, p. 596; Sweet
et al. 2017, pp. vi, 14, 15, 18, Sweet et al. 2022, pp. 22-23). For
this reason, adding approximately 15 percent to global mean sea level
rise projections is recommended for southeast Florida and the Florida
Keys (Park and Sweet 2015, entire; Southeast Florida Regional Climate
Change Compact 2012, p. 35). The most recent intermediate sea level
scenario for the Florida Keys projects a 1.1-1.2 m (3.6-3.9 ft)
increase by 2100 (Sweet et al. 2022, pp. 20-21).
Based on a case study of Big Pine Key in the lower Florida Keys,
saltwater intrusion due to sea level rise will begin to negatively
affect the root zone of the island's upland vegetation as early as
2030, and increasing saltwater intrusion of groundwater has already
been documented (USGS 2019a, pp. 1, 3). As a result, freshwater-
dependent flora and fauna, which comprise much of the island's biota,
will disappear. By 2040, under intermediate climate scenarios,
approximately 88 percent of pine rocklands and 96 percent of rockland
hammock habitat in the lower Florida Keys are expected to be impacted
by sea level rise (USGS 2019a, entire). By 2040, under extreme climate
scenarios, approximately 98 percent of pine rocklands and 99 percent of
rockland hammock habitat in the lower Florida Keys are expected to be
impacted by sea level rise (USGS 2019a, entire).
The effects of sea level rise could impact the Key ring-necked
snake both through loss of individuals during flooding events, and
alteration of suitable habitat, causing a loss in population
resiliency. If flooding is severe enough, it could extirpate entire
populations, leading to a substantial loss of redundancy.
Saltwater intrusion--Higher tidal surges, coastal and inland
flooding, and saltwater intrusion due to increasing sea levels are
currently being experienced in the Florida Keys. In the Florida Keys,
high tide flooding events primarily affect low-lying coastal areas and
exposed pine rockland and rockland hammock habitats. With worsening
storms and extreme tidal events, storm surges along the Florida Keys
will increase in frequency and severity over time and will impact
habitats farther inland. Additionally, with continued increase in sea
level rise, high tide/king tide flood frequencies are also expected to
rapidly increase, with potentially severe damage to remaining rockland
habitat. Pine rocklands species, particularly the dominant canopy
species (slash pine), have little ability to tolerate saltwater (USGS
2019b, p. 2).
Salt from ocean water deposited during these high-water events has
the potential to remain in place in and under the soil for long periods
of time, which negatively impacts vegetative growth. For pine rockland
and rockland hammock forests to be sustained in such an ecosystem,
nutrient cycling must be extremely efficient (that is, there can be
little leaching of nutrients beyond the root zone). In other instances,
the effects of more powerful storm surges, rising sea levels, and
saltwater intrusion of the islands' freshwater lens have contributed to
the conversion and loss of pine forest habitat in the Florida Keys to
more halophilic (salt-loving) vegetation such as mangroves and
buttonwood (Alexander 1976, pp. 219-222; Ross et al. 1994, pp. 151-
154). As discussed above in Background, a unique characteristic of the
Florida Keys is the existence of a freshwater lens below each island
that is critically important for humans, flora, fauna, and a variety of
habitats. Consequently, pine rocklands habitat has already undergone a
significant reduction in the Florida Keys due to sea level rise (Ross
et al. 1994, p. 154). Currently, some of these areas are occupied by
halophytic (salt-tolerant) vegetation such as mangroves and buttonwood
(Alexander 1976, pp. 219-222) owing to high tide flooding as a result
of rising sea level but also due to saltwater intrusion of the islands'
freshwater lens. Over time, further vegetation succession will result
in halophytic vegetation dominance on the remaining land and more
expansive estuaries across much of the island.
Overall, saltwater intrusion from storm surge and flooding causes
the loss of habitat, habitat conversion, and reduction in the capacity
of freshwater storage and the freshwater resources relied upon by the
Key ring-necked snake to maintain its thermoregulatory requirements.
These effects will

[[Page 62625]]

continue to result in the loss of suitable habitat, displacement
landward to less suitable habitat, and the loss of individual Key ring-
necked snakes.
Shifts in seasonal patterns of rainfall and temperature--In the
United States, the average temperatures have increased by 1.3 to 1.9
degrees Fahrenheit ([deg]F) (0.77 to 1.1 degrees Celsius ([deg]C))
since recordkeeping began in 1895 (Service 2017, p. 2). The decade from
2000 to 2009 is documented as the warmest on record (Service 2017, p.
2). Since 1991, average temperatures in south Florida have increased
1.5 [deg]F (0.83 [deg]C) or more (Service 2017, p. 2). Continued
increases in surface air temperature are expected even if there was an
immediate and aggressive reduction in human-produced greenhouse gas
emissions (Intergovernmental Panel on Climate Change (IPCC) 2018, pp.
1-11).
We presume that the normal range of temperatures in which activity
occurs for the Key ring-necked snake is consistent with that which it
has experienced in south Florida. Any continuously higher average
number of hot days out of the Key ring-necked snake's optimum range or
a permanent shift in average air temperature out of this range has the
potential to cause physiological stress. In more extreme cases, once an
ectothermic organism is exposed to a temperature outside of its
activity temperature range, it is closer to reaching a critical thermal
maximum/minimum, in which locomotion becomes uncoordinated and the
animal loses its ability to escape conditions that will lead to its
death (Zug et al. 2001, pp. 179-188). Key ring-necked snakes may become
more vulnerable to situations involving critical thermal maximum when
habitat loss and fragmentation limit its ability to move or find
suitable microhabitats. Additionally, ambient temperature out of the
optimal range will physically influence the environment of nests, which
may modify incubation periods, embryo temperatures, egg survival, and
hatching times. Physiological stress can also result in a variety of
risks including increased predation, reduced reproductive performance,
and reduced foraging success.
Precipitation patterns are also changing. Since 1900, annual
average precipitation in south Florida has increased by 5 to 10 percent
(Service 2017, p. 4). Shifts in seasonal rainfall events are also
currently being documented (U.S. Global Change Research Program
(USGCRP) 2018, pp. 745-808). The south Florida dry season (November
through April) has become wetter, the rainy season (May through
October) has become drier, and current projections show that this trend
will continue. This could have detrimental effects on the Key ring-
necked snake's seasonal feeding, breeding, and sheltering patterns.
Heavy downpours are currently increasing and have especially increased
over the last 30 to 50 years. The frequency and intensity of heavy
downpours in the Florida Keys have increased by 27 percent since the
1970s (Service 2017, p. 4). Increased inland flooding is predicted
during heavy rain events in low-lying areas. With worsening storms,
storm surges along coastlines become stronger and push farther inland.
Consequently, more powerful storm surges will exacerbate the effects of
the increased sea level along the Florida Keys' shorelines.
Currently, the existing regulatory mechanisms and conservation
measures do not address the impacts of shifting seasonal patterns of
rainfall and temperature. Although changes in seasonal weather patterns
in south Florida have been documented (Service 2017, entire), direct
impacts on the Key ring-necked snake's habitat have not been observed.
However, with increased flooding events associated with climate change
and sea level rise, the magnitude of this threat could increase into
the future, decreasing population resiliency across the range of the
subspecies.
Storm events--There has been a substantial increase in Atlantic
hurricane activity by most measures since the early 1980s, the period
during which high-quality satellite data first became available. These
include measures of intensity, frequency, and duration as well as the
number of strongest (Category 4 and 5) storms (Walsh et al. 2014, p.
20). Strong rainstorms, tropical storms, and hurricanes are all-natural
parts of a tropical ecosystem. However, although these events are
common occurrences, the vulnerability of Key ring-necked snake
populations increases as the quantity and quality of their habitat is
compromised. This is especially true when the frequency of storm surges
increases without adequate time for habitats to recover.
Hurricane activity has been above normal since the Atlantic Multi-
Decadal Oscillation (AMO) (the natural variability of the sea surface
temperature in the Atlantic Ocean) went into its warm phase around
1992. While the incidence of tropical storms in southeast Florida
(including the Keys) is above normal, this frequency is expected to
decrease with climate change, but the intensity of the storms is
expected to increase by approximately 20 percent (Service 2017, p. 7).
This increased intensity results in larger tidal storm surge and
greater destruction than historically documented. Ecosystem resiliency
is reduced when impacts by extreme events such as floods or storms
occur (Service 2017, p. 7). Saltwater intrusion from storm surge and
flooding results in displacement landward to less suitable habitat and
the loss of individual Key ring-necked snakes. The limestone substrate,
on which snakes likely rely for cover, prey, and nesting, will become
flooded more frequently, resulting in a higher frequency and longevity
of displacement and stress.
Information on how strong storms impact this subspecies is lacking.
However, information does exist on the impacts to habitat from
hurricanes and other strong storms that have occurred in the region,
providing some insight of the potential damage and loss to the Key
ring-necked snake from such storms. These events likely disturb and
reduce the quantity and quality of their resources (such as food and
cover) and may do so significantly depending upon the severity and
proximity of the storm center. This is particularly true when storm
surges bring in nutrient-rich sediment that exacerbate soil accretion,
salt deposition, and vegetation loss (Dingler et al. 1995, p. 296;
Jackson et al. 1995, p. 321).
Additionally, saltwater surges and short-term flooding of upland
habitats from strong storms and hurricanes in the Keys have the
potential to kill some Key ring-necked snakes and their prey. In 2005,
Hurricane Wilma (Category 3) passed just north of the Florida Keys,
causing maximum storm tides 5 to 6 ft (1.5 to 1.8 m) above mean sea
level in Key West and flooding approximately 60 percent of the city. On
Boca Chica and Big Pine Keys, Hurricane Wilma caused a storm surge of 5
to 8 ft (1.5 to 2.4 m) (Kasper 2007, pp. 10-16). In 2017, the combined
effect of storm surge and the tide from Hurricane Irma produced maximum
inundation levels of 5 to 8 ft (1.5 to 2.4 m) above ground level for
portions of the lower Florida Keys from Cudjoe Key eastward to Big Pine
Key and Bahia Honda Key, near and to the east of where Irma's center
made landfall (Cangialosi et al. 2018, pp. 8-9). A storm surge of 13 ft
(4 m) would completely submerge Big Pine Key (Lopez et al. 2004, p.
284).
Currently, the existing regulatory mechanisms and conservation
measures do not address the impacts of storm events. The effects of
storm events have the potential to reduce individual survival, which
could then lead to a reduction in the snake's resiliency and
redundancy. While past storms have not resulted in complete inundation
of

[[Page 62626]]

islands, an increase in the intensity and frequency of storms or a
direct hit from a strong hurricane could cause significant reductions
in subspecies numbers, further limiting the subspecies' population
resiliency and making it even more vulnerable to all other threats.
Summary of Threats
Multiple threats are currently impacting the Key ring-necked snake
and its habitat. Although individual populations are no longer likely
to be lost to development, ongoing habitat degradation associated with
urbanization of both pine rocklands and rockland hammock habitat and
fire suppression of pine rocklands are continuing to reduce the
availability of the features that the Key ring-necked snake needs for
feeding, breeding, and sheltering, thus decreasing population
resiliency. Because of the current barriers to dispersal,
recolonization is unlikely after a population is extirpated.
Even minor threats that impact just a few individuals in a
population need to be considered for their additive effects. For
example, threats like predation and invasive species may have low
impacts on their own, but combined with impacts of other threats, they
are further reducing already low numbers of Key ring-necked snakes.
These minor threats were considered cumulatively for their effects to
the Key ring-necked snake and, while they may reduce the numbers for
some individual populations, were currently found not to impose
negative effects at the population level.
Additionally, various threats can originate from a similar cause
but produce interdependent effects on the subspecies. For example,
greenhouse gas emissions increase the rate and severity of climactic
changes, which act in combination as threats on the subspecies. These
include sea level rise, seasonal shifts in timing and amounts of
precipitation, shifts in temperature patterns, and increased storm
intensities that affect the subspecies. Sea level rise reduces
available habitat. Because the average high-water line is now higher
than historical levels, areas not typically flooded are now flooded on
a more regular basis. The rate of sea level rise in the Florida Keys--
specifically at NOAA's KYWF1-8724580 Key West ocean data buoy--had been
an average rate of 0.09 inch/year (2.3 mm/year) prior to the previous
decade (1990s; NOAA 2016, unpaginated). In the early 2000s, sea level
rise began to accelerate exponentially and was estimated at 0.3 inch/
year (7.6 mm/year) in 2016 (NOAA 2016, unpaginated).
The severity of threats may also be exacerbated by the Key ring-
necked snake's limited distribution and small population size. There
are no records that demonstrate that the Key ring-necked snake was ever
distributed beyond the lower Florida Keys. Thus, it has, and probably
has always had, low natural redundancy. Currently, it is found only on
seven lower Florida Key islands. Rarity is not in itself a threat;
however, small population size can exacerbate the effects of ongoing
threats, making the subspecies more vulnerable to extirpation. As
discussed previously, the Key ring-necked snake is a narrow endemic,
meaning it has naturally low redundancy to help it buffer against
stochastic and catastrophic events.
Currently, the existing regulatory mechanisms and conservation
measures do not address the impacts of climate change, sea level rise,
and saltwater intrusion. As mentioned above, sea level has increased
exponentially since the early 2000s (NOAA 2016, unpaginated).
Therefore, the effects of saltwater intrusion have likely degraded
existing habitat that supports the Key ring-necked snake, leading to
reductions in the features (such as freshwater) that the subspecies
needs, and thus reducing population resiliency. The effects of
saltwater intrusion are primarily habitat-based, but some individual
snakes could also be lost. Signs of saltwater intrusion impacts are
currently documented on Big Pine Key, where pine trees have been
replaced by salt-tolerant mangrove. The magnitude of this threat has
the potential to greatly increase in the future with the projected
severity of sea level rise.
Current Condition of Populations
To characterize the current status of Key ring-necked snake
populations, we assigned each stressor as low, moderate, or high
impacts to the subspecies based on criteria (see table 1, below); these
impacts are occurring at the individual (moderate risk) and population
(high risk) levels. The risk of each threat, using the risk scoring
criteria in tables 1 and 2, was applied to each population and used to
assess the overall population condition (see table 3, below). More
specifically, point values were summed for each threat (listed in table
1, below) to determine an overall population condition score (scoring
criteria listed in table 2, below) and summarized to convey the current
condition of each population of the subspecies (see table 3, below). An
area with a high risk of threat as described in tables 1 and 2 will
result in low population condition in table 3, and a low risk of threat
will result in a high population condition. Each population received
similar scores, due to limited information for the subspecies and its
small endemic range. Based on the cumulative risk of threats to each
population, we then estimated the current condition of each population
and the likelihood of persistence of each population (Table 2). We
defined populations in the SSA report and this proposed rule by the
boundary of each island, as we lack information on possible population
divisions within each island or about distribution between islands.
Overall, all populations of the Key ring-necked snake are in low
condition and reduced from historical condition, with ongoing effects
from habitat degradation, fire suppression, sea level rise, and
saltwater intrusion. Though populations are currently extant on all
known islands throughout the species' range, the species is only found
on seven islands in a similar ecological setting. Thus, species
representation and redundancy are low.

Table 1--Current Conditions Based on Risk of Threats
----------------------------------------------------------------------------------------------------------------
Threat Low risk (1) Moderate risk (2) High risk (3)
----------------------------------------------------------------------------------------------------------------
Development.......................... Development occurrence The level of A significant amount of
protected by land development would suitable habitat would
management plan. affect suitable be lost due to
habitat and displace development such that
some individual snake populations
snakes, but not at an would be impacted.
extent to affect snake
populations.
Disease.............................. No impacts............. Some individual snakes Disease would be
would exhibit signs of prevalent in
disease, but impacts populations across the
would not be range of the
widespread enough in subspecies, decreasing
the snake population population resiliency.
to affect resiliency.

[[Page 62627]]

Fire suppression in pine rocklands... Ongoing, regular fire The level of fire A significant amount of
maintenance. suppression would suitable habitat would
affect some suitable be lost due to fire
habitat and displace suppression such that
some individual snake population
snakes, but not at an resiliency would be
extent to affect impacted.
population resiliency.
Predation............................ No impacts............. Some individual snakes Predation would be
would be predated, but prevalent in
impacts would not be populations across the
widespread throughout range of the
snake populations. subspecies, decreasing
population resiliency.
Invasive species..................... No impacts............. Invasive plants would Invasive plants would
not outcompete native outcompete native
plants to the extent plants altering
that a significant habitat so it is no
amount of suitable longer suitable for
snake habitat is the snake. Nonnative
altered. Nonnative fauna may outcompete
fauna would outcompete snakes for food, or
some individual snakes prey on snakes such
for food, or prey on that populations are
some snakes, but the impacted.
effects would not be
widespread in the
snake population.
Sea level rise....................... No impacts............. Individual snakes will The severity of
be affected by increasing sea levels,
increasing sea levels, higher tidal surges,
higher tidal surges, and increased coastal
and increased coastal and inland flooding
and inland flooding. would impact snake
populations and
possibly extirpate
areas.
Saltwater intrusion.................. No impacts............. Some individual snakes The frequency and
will be displaced by severity of saltwater
the frequency and intrusion and its
severity of saltwater impact to suitable
intrusion and its snake habitat would
impact to suitable impact snake
snake habitat. populations,
decreasing population
resiliency.
Shifts in seasonal patterns of No impacts............. Individual snakes would The frequency and
rainfall and temperature. be affected by the intensity in these
frequency and seasonal patterns
intensity in these changes would impact
seasonal patterns snake populations.
changes, but not to
the extent that
population resiliency
would be affected.
Storm events......................... No impacts............. The intensity, The intensity,
frequency, and frequency, and
duration of storm duration of storm
events would be at a events would be at a
level in which the significant level such
quantity and quality that the quantity and
of individual snake quality of snake
needs are compromised, resources were
and some snakes would reduced, and snake
be displaced landward populations would be
to less suitable displaced.
habitat.
----------------------------------------------------------------------------------------------------------------

Table 2--Risk and Overall Population Condition Scoring Criteria for Current and Future Conditions of Populations
----------------------------------------------------------------------------------------------------------------
Probability of
Overall population condition Risk of threat Population persistence over 60 persistence
years (%)
----------------------------------------------------------------------------------------------------------------
High (9-13 points)............................ 1 Very Likely..................... 91-100
Moderate (14-18 points)....................... 2 Likely.......................... 51-90
Low (19-24 points)............................ 3 Unlikely to likely as not....... 0-50
----------------------------------------------------------------------------------------------------------------

Point values for each threat (see table 1, above) were summed
within an analysis area to determine the overall population condition
score.

Table 3--The Risk of Threats and Their Effect on the Population Condition of the Key Ring-Necked Snake
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Shifts in seasonal
Fire suppression Saltwater patterns of Population
Area Development of pine rocklands Disease Predation Invasive species Sea level rise intrusion rainfall and Storms condition
temperature
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Big Pine Key.................... Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Cudjoe Key...................... Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Key West........................ Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Little Torch Key................ Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Middle Torch Key................ Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
No Name Key..................... Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Stock Island.................... Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

The subspecies was analyzed by island. Note that the first nine
columns rank the condition of threats, while the final column ranks
population condition. Thus, multiple columns of high threat risk result
in low population condition.

Rim Rock Crowned Snake--Current Threats and Condition

We do not have fine-scale information to determine different levels
of threats within individual populations of the rim rock crowned snake.
Thus, for this species, we considered threats at a larger scale in
three general areas: eastern Miami-Dade County, the upper Florida Keys,
and the lower Florida Keys, and on individual islands where data were
available. We also considered population resiliency in isolated habitat
patches in the Miami-Dade area and on individual islands in the Florida
Keys. We considered North Key Largo and

[[Page 62628]]

Key Largo as two separate populations due to the distances between
occurrences and due to several barriers to movement.
Development
The rim rock crowned snake inhabits upland rockland habitat (pine
rocklands and rockland hammock) that is also desirable for residential
and commercial development (Service 1999, p. 3-174). Urban development
and agriculture have greatly reduced the extent of pine rocklands and
rockland hammock habitat in eastern Miami-Dade County and the Florida
Keys. Additionally, the quality of some pine rocklands has declined in
the Keys because the remaining habitat patches are isolated and
confined by surrounding urban development. Individual rim rock crowned
snakes are occasionally documented in roadsides, vacant lots, trash
piles, and pastures with shrubby growth and slash pines (FWC 2011, pp.
2-3; Hines 2011, pp. 352-356), but it is unknown whether these
individuals are tolerating urban conditions or have been displaced.
However, development and conversion of rockland habitat can impact all
life stages of the rim rock crowned snake due to direct habitat loss
and mortality. In addition to direct impacts from loss of soils for
nesting and movement, ground cover and availability of invertebrate
food sources can be reduced. Loss of habitat reduces shelter and shade
for adults and decreases connectivity, thereby hindering dispersal by
juveniles and finding of mates.
Extensive land clearing for human population growth, development,
and agriculture in Miami-Dade and Monroe Counties has altered,
degraded, or destroyed thousands of acres of suitable habitat for rim
rock crowned snakes. Throughout south Florida, development and
agriculture have reduced pine rocklands habitat to approximately 3
percent of historical levels. Currently, the total habitat area
available in Miami-Dade County is approximately 2,275 ac (921 ha) of
pine rocklands habitat and 609 ac (247 ha) of rockland hammock habitat,
not including Everglades National Park (where the rim rock crowned
snake has never been found), or less than 10 percent of the historical
extent of this habitat. In the lower Florida Keys, the total area of
pine rocklands habitat is approximately 1,899 ac (769 ha), and the
total area of rockland hammock habitat is approximately 3,806 ac (1,540
ha), or less than half of the historical extent of this habitat. While
the hammock habitats are widespread across many islands in various
sizes, pine rocklands remain on only five islands in the lower Florida
Keys and none of the upper Florida Keys. The total area covered by
rockland hammock in the upper Florida Keys is 7,006 ac (2,835 ha).
Some habitat protections are currently in place for the rim rock
crowned snake. Starting in 1990, Miami-Dade County's EEL program began
acquiring pine rocklands and other natural areas to preserve and
protect from development. Once acquired, the EEL program funds land
management to maintain and protect the habitat. Since the program's
inception, more than 1,500 ac (607 ha) of pine rocklands have become
EEL preserves (Miami-Dade County 2019). Rim rock crowned snakes have
been found at four EEL preserves.
Additionally, Monroe County implemented an HCP for Big Pine and No
Name Keys starting in 2006. In 2007, a rim rock crowned snake was
observed on Big Pine Key (Hines 2011, p. 353). Subsequently,
development on these islands has to meet the requirements of the HCP in
regard to future development. In order to fulfill the HCP's mitigation
requirement, Monroe County has been actively acquiring parcels of high-
quality habitat for listed species and managing them for conservation,
including pine rocklands habitat on Big Pine and No Name Keys. Although
the rim rock crowned snake is not a covered species under this HCP, we
still expect the habitat protections afforded by the HCP to provide the
rim rock crowned snake some protection from development, as the areas
where the snakes occur will be avoided due to protections for species
that are covered by the HCP.
Suitable habitat for the rim rock crowned snake is protected within
Federal preserves such as Everglades National Park, Crocodile Lake
National Wildlife Refuge, and the National Key Deer Refuge; however,
the rim rock crowned snake has only been documented in the National Key
Deer Wildlife Refuge and Crocodile Lake National Wildlife Refuge. Most
of the other records are located on State, local government, or
privately owned lands, which are all small fragments of suitable
habitat. Extensive pine rocklands habitat is present in the Long Pine
Key area of Everglades National Park. However, despite extensive survey
efforts (Dalrymple et al. 1991, entire), no evidence of the rim rock
crowned snake has been found in Everglades National Park.
Over 90 percent of suitable rockland habitat for rim rock crowned
snakes has been lost due to human development in south Florida
including the Florida Keys, meaning some populations (and thus
redundancy) have already been lost. For example, rim rock crowned
snakes were previously detected at sites in Miami near intersections of
SW 27 Avenue/SW 24 Street, Old Cutler Road/Red Road, and US 1/SW 154
Ave. There are also numerous historical records detected at locations
in the greater Miami metropolitan area (Kendall, Coral Gables, Ludlum,
Homestead Air Base). However, no rim rock crowned snakes have been
found at these locations since the 1980s. Furthermore, extensive
urbanization surrounding these remaining habitats reduces survival, via
rendering the species less able to withstand environmental and
demographic stochasticity and disturbances (that is, reduced
resiliency). Resiliency may be further reduced due to loss of
connectivity between populations. Because the rim rock crowned snake is
endemic to only the southeastern part of the Florida peninsula and the
Florida Keys, losing even a few populations to the effects of
development would result in a substantial reduction in species
redundancy. However, most of the remaining habitat patches are
protected, meaning few additional populations are likely to be
extirpated due to development, although habitat degradation could
result in continued decreases in population resiliency as the species'
needs, such as prey and cover, are lost.
Fire Suppression
As discussed above under ``Development,'' urban development and
historical conversion to agriculture has greatly reduced the extent of
pine rocklands in southeastern Florida and the Florida Keys. The
quality of remaining pine rocklands has declined because those areas
are isolated by surrounding urban development that restricts the use of
prescribed fire, which is the principal management tool for pine
rocklands. Prescribed fire must be periodically introduced to sustain
the pine rocklands community structure. In the absence of fire, pine
rocklands are invaded by many of the species found in hardwood
hammocks. They lose their herbaceous flora and move along a
successional trajectory toward hammock (Service 1999, p. 3-173). These
rockland hammocks are generally present where pine rocklands were not
burned for a long period of time, creating more pine rocklands
fragmentation. This fragmentation of pine rocklands in the South
Florida and the Florida Keys increases the risk of invasion by exotic
vegetation along the interface with disturbed or developed areas,
further altering, degrading, or destroying

[[Page 62629]]

suitable habitat for the rim rock crowned snake.
Although rim rock crowned snakes can still persist in areas where
fire has been suppressed, habitat quality is reduced by lack of fire.
Thus, the effects of fire suppression in pine rocklands have the
potential to reduce population resiliency through ongoing habitat
degradation that impacts the rim rock crowned snake and its habitat.
Climate Change
The predominant threat currently affecting the rim rock crowned
snake and its habitat are the rapid and intense shifts in climate
occurring as a result of increasing greenhouse gas emissions. South
Florida and the Florida Keys are being affected by increases in sea
level, saltwater intrusion, increases in tide and tidal flooding, and
shifts in seasonal climate pattern. In the SSA report and this proposed
rule, we discuss the effects of climate change on the rim rock crowned
snake in terms of sea level rise, saltwater intrusion, shifts in
seasonal patterns of rainfall and temperature, and storm events.
Sea level rise--The rim rock crowned snake is vulnerable to current
and predicted sea level rise and saltwater intrusion across its entire
range because it is located only in south Florida. South Florida,
including the Florida Keys, are among the most vulnerable areas to the
effects of sea level rise due to their low mean elevation of less than
1.2 m (4 ft) (Service 2019, p. 9). Consequently, south Florida is
highly susceptible to flooding, with lands farther upland at risk of
inundation and saltwater intrusion. The effects of increasing sea
levels, higher tidal surges, coastal and inland flooding, and saltwater
intrusion are currently being experienced in south Florida and the
Florida Keys (Benedict et al. 2018, pp. 9, 13, 31, 7-i; Service 2019,
p. 1).
As discussed above in Key Ring-necked Snake--Current Condition
under ``Climate Change,'' Sea level rise, the Florida Keys are
particularly vulnerable to sea level rise, and the Florida Keys and
South Florida are experiencing higher levels of sea level rise than
other parts of the globe, as well as higher tidal surges, increased
coastal and inland flooding, and saltwater intrusion (Benedict et al.
2018, pp. 9, 13, 31, 7-i; Service 2019, p. 1).
Consequently, pine rocklands habitat has already undergone a
significant reduction in the Florida Keys due to sea level rise (Ross
et al. 1994, p. 154). As mentioned previously, some of these areas are
currently occupied by halophytic (salt-tolerant) vegetation such as
mangroves and buttonwood (Alexander 1976, pp. 219-222) owing to high
tide flooding as a result of rising sea level but also due to saltwater
intrusion of the islands' freshwater lens.
The effects of sea level rise could impact the rim rock crowned
snake by loss of individuals during flooding events, causing a loss in
population resiliency. If flooding is severe enough, it could extirpate
entire populations, particularly in the lower Florida Keys, leading to
a substantial loss of redundancy of the species.
Saltwater intrusion--Higher tidal surges, coastal and inland
flooding, and saltwater intrusion due to increasing sea levels are
currently being experienced in south Florida and the Florida Keys. With
worsening storms and extreme tidal events, storm surges along south
Florida and the Keys will increase in frequency and severity over time
and will impact habitats farther inland. As discussed above in Key
Ring-necked Snake--Current Condition under ``Climate Change,''
Saltwater intrusion, this threat will result in habitat degradation and
the loss of individual snakes. For the rim rock crowned snake, these
effects have been primarily felt in populations in the Florida Keys,
although some coastal populations in eastern Miami-Dade County may also
experience some small amounts of saltwater intrusion.
Currently, the existing regulatory mechanisms and conservation
measures do not address the impacts of saltwater intrusion. As
mentioned above, sea level has increased exponentially since the early
2000s (NOAA 2016, unpaginated). The effects of saltwater intrusion have
likely degraded existing habitat that supports the rim rock crowned
snake in the Keys, leading to reductions in the features (such as
freshwater) that the species needs, and thus reducing population
resiliency. The effects of saltwater intrusion are primarily habitat-
based, but some individual snakes could also be lost. Signs of
saltwater intrusion impacts have been documented on Big Pine Key, where
pine trees have been replaced by salt-tolerant mangrove. The magnitude
of this threat has the potential to greatly increase with the projected
future severity of sea level rise.
Shifts in seasonal patterns of rainfall and temperature--As
discussed above in Key Ring-necked Snake--Current Condition under
``Climate Change,'' Shifts in seasonal patterns of rainfall and
temperature, rising greenhouse gases are resulting in increasing
temperatures and shifting precipitation patterns. Like the Key ring-
necked snake, the rim rock crowned snake is a fossorial ectotherm and,
therefore, dependent on gaining heat from its microhabitat or by coming
into contact with the undersides of warm surfaces (for example, rocks)
that are exposed to direct sunlight. As with the Key ring-necked snake,
increased temperatures could result in a permanent shift in average air
temperature out of rim rock crowned snake's optimal range, causing
physiological stress. Physiological stress can manifest into a variety
of risks including predation, reduced performance, and reduced foraging
success. Altered precipitation patterns could have detrimental effects
on the seasonal feeding, breeding, and sheltering patterns for the rim
rock crowned snake. Increased inland flooding is predicted during heavy
rain events in low-lying areas. With worsening storms, storm surges
along coastlines can become stronger and push farther inland.
Consequently, more powerful storm surges will exacerbate the effects of
the increased sea level along south Florida and Florida Keys'
shorelines and could have impacts on rockland habitat.
Currently, the existing regulatory mechanisms and conservation
measures do not address the impacts of shifting seasonal patterns of
rainfall and temperature. Although changes in seasonal weather patterns
in south Florida have been documented (Service 2017, entire), direct
impacts on the rim rock crowned snake or its habitat have not been
observed. However, with increased flooding events associated with sea
level rise from climate change, the magnitude of this threat could
increase into the future, particularly for populations in the Florida
Keys and coastal areas of Miami-Dade County, decreasing population
resiliency.
Storm events--Changing patterns in hurricane activity are having
similar effects to the rim rock crowned snake as to the Key ring-necked
snake, as discussed above in Key Ring-necked Snake--Current Condition
under ``Climate Change,'' Storm events. The health of the rim rock
crowned snake becomes vulnerable when the quantity and quality of their
resources (for example, food, cover/substrate) are compromised. This
can particularly happen in the case of storm surges and with an
increase in the number of incidences (for example, being impacted
repeatedly without time to recover). Saltwater intrusion from storm
surge and flooding results in displacement landward to less suitable
habitat and the loss of individual rim rock crowned snakes. The
limestone substrate, which rim rock crowned snakes likely rely on for
cover, prey, and nesting, will become more frequently flooded,

[[Page 62630]]

creating a higher frequency and longevity of displacement and stress.
Storm events likely disturb and reduce the quantity and quality of the
resources for the rim rock crowned snake.
Hurricane Andrew (1992) hit southern Miami-Dade County with
sustained winds in excess of 145 miles per hour (233 kilometers per
hour), impacting 99 percent of pine rocklands. Within 1 year of the
event, many adult trees were dead, outbreaks of Ips beetles (including
I. calligraphis, I. avulsus, and I. grandicollis) had been reported,
and two species of weevil (Hylobius pales, Pachylobius picivorus) had
attacked juvenile trees. The outbreak has been attributed to the
combination of wind damage and drought following a very dry spring,
making the trees more susceptible to infestation. In a fall 1993
follow-up survey of Miami-Dade County pine rocklands, only 2 of 18
sites had living mature pines. The loss of the pines affected fire fuel
production and could allow invasive species to further impact pine
rocklands (Service 1999, p. 3-176).
Currently, the existing regulatory mechanisms and conservation
measures do not influence or address the storm events. The effects of
storm events have the potential to reduce individual survival, which
could then lead to a reduction in the snake's resiliency and
redundancy. While past storms have not resulted in complete inundation
of islands, an increase in the intensity and frequency of storms has
the potential to produce complete inundation of suitable snake habitat,
and therefore possible extirpation of the species.
Summary of Threats
Multiple threats are currently impacting the rim rock crowned snake
at the individual and population level and its habitat. The risk of
each threat was based on the scoring criteria in tables 1 and 2, above,
as applied to each population, and used to assess the overall
population condition (see table 4, below).
Although individual populations are less likely to be lost to
development, ongoing habitat degradation associated with urbanization
and fire suppression in pine rocklands are continuing to reduce the
availability of the features that the rim rock crowned snake needs for
feeding, breeding, and sheltering, thus decreasing population
resiliency. Additionally, all effects associated with climate change
are interrelated, with shifts in the magnitude of severe storms
contributing to increased flooding events that have the potential to
extirpate entire populations of the rim rock crowned snake. Although a
severe hurricane is unlikely to flood all populations at once, if a
hurricane were to extirpate most populations, it would leave the
remainder of the species significantly more vulnerable to other
threats. Because of the current barriers to dispersal for populations
in Miami-Dade County, recolonization is unlikely after a population is
extirpated. Some populations, for example on Big Pine Key, may be able
to recolonize extirpated sites because there are fewer barriers to
dispersal due to less urbanization.
Even minor threats that impact just a few individuals in a
population need to be considered for their additive effects. For
example, threats like predation and invasive species may have low
impacts on their own, but combined with impacts of other threats, they
are further reducing already low numbers of rim rock crowned snakes.
These minor threats were considered cumulatively for their effects to
the rim rock crowned snake and, while they may reduce the numbers for
some individual populations, were currently found not to impose
negative effects at the population level.
Additionally, various threats can originate from a similar cause
but produce a set of interdependent effects on the species. For
example, greenhouse gas emissions increase the rate and severity of
climactic changes, which act in combination as threats on the species.
These include sea level rise, seasonal shifts in timing and amounts of
precipitation, shifts in temperature patterns, and increased storm
intensities that affect the species. Sea level rise further reduces
available habitat. Because the average high-water line is now higher
than historical levels, areas not typically flooded are now flooded on
a more regular basis.
The severity of threats may also be exacerbated by the rim rock
crowned snake's limited distribution and small population size. The rim
rock crowned snake is not known to have occurred beyond the
southeastern peninsula of Florida or the Florida Keys. Thus, it has,
and probably has always had, low representation and redundancy.
Currently, it is thought to exist in seven small and fragmented parcels
in eastern Miami-Dade County, six islands in the upper Florida Keys,
and two lower Florida Key islands. Rarity is not in itself a threat;
however, small population size can exacerbate the effects of ongoing
threats, making the species more vulnerable to threats.
Current Condition of Populations
As with the Key ring-necked snake, to characterize the current
status of the rim rock crowned snake, we assigned each stressor as low,
moderate, or high impacts to the subspecies (table 1, table 2). We
summarize the current condition of rim rock crowned snake populations
in table 4. Overall, the current condition of populations in the Miami-
Dade area is moderate, and the condition of populations in the Florida
Keys is low.
Given the species' limited distribution and limited ecological
setting, representation is currently low. However, the species has
moderate redundancy, as it has multiple populations distributed
throughout the Miami-Dade area and the Upper and Lower Florida Keys.

Table 4--The Threat Risk and the Effect on the Current Condition of Rim Rock Crowned Snake Populations
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Shifts in seasonal
Fire suppression Saltwater patterns of Population
Population Development in pine rocklands Disease Predation Invasive species Sea level rise intrusion rainfall and Storms condition
temperature
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MIAMI-DADE COUNTY
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Arch Creek...................... Moderate.......... High.............. Low............... Low............... Low............... Moderate.......... Moderate.......... Moderate.......... Moderate.......... Moderate.
BHSP............................ Moderate.......... High.............. Low............... Low............... Low............... Moderate.......... Moderate.......... Moderate.......... Moderate.......... Moderate.
Bill Sadowski................... Moderate.......... High.............. Low............... Low............... Low............... Moderate.......... Moderate.......... Moderate.......... Moderate.......... Moderate.
DLC............................. Moderate.......... High.............. Low............... Low............... Low............... Moderate.......... Moderate.......... Moderate.......... Moderate.......... Moderate.
Ned Glenn....................... Moderate.......... High.............. Low............... Low............... Low............... Moderate.......... Moderate.......... Moderate.......... Moderate.......... Moderate.
Rockdale........................ Moderate.......... High.............. Low............... Low............... Low............... Moderate.......... Moderate.......... Moderate.......... Moderate.......... Moderate.

[[Page 62631]]

Richmond Pine Rocklands......... Moderate.......... High.............. Low............... Low............... Low............... Moderate.......... Moderate.......... Moderate.......... Moderate.......... Moderate.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
UPPER FLORIDA KEYS
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
North Key Largo................. Moderate.......... High.............. Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
South Key Largo................. Moderate.......... High.............. Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Plantation Key.................. Moderate.......... High.............. Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Upper Matecombe Key............. Moderate.......... High.............. Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Lower Matecombe Key............. Moderate.......... High.............. Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Marathon........................ Moderate.......... High.............. Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
LOWER FLORIDA KEYS
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Big Pine Key.................... Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
Key West........................ Moderate.......... Moderate.......... Low............... Low............... Low............... High.............. High.............. High.............. High.............. Low.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Note that the first nine columns rank the condition of threats,
while the final column ranks population condition. Thus, multiple
columns of high threat risk result in low population condition.

Future Threats and Condition

To examine the potential future condition of the snakes, four
plausible future scenarios were developed. The scenarios focused on a
range of conditions based on climate change scenarios and projections
for land development. The range of what is likely to happen in each
scenario is described based on current condition and how resiliency,
representation, and redundancy would be expected to change. The levels
of certainty or uncertainty are addressed in each scenario. Given that
there is uncertainty as to exact future trends of many threats, these
future scenarios are meant to explore the range of plausible future
scenarios and examine the snakes' response across the range of these
conditions.
We define viability as the ability to sustain populations over
time. For this to occur, a species must have a sufficient number and
distribution of healthy populations to withstand changes in its
biological (predators, disease) and physical (habitat loss, climate
change) environment, environmental stochasticity (flooding, storm
surge), and catastrophic events (hurricanes). In considering the future
scenarios for the Key ring-necked snake and the rim rock crowned snake,
we analyzed expected changes in development up through 2070 based on
the timeframe forecast in the urban planning documents (Zwick and Carr
2006, entire), shifts in seasonal patterns of rainfall and temperature
(up through 2100), and climate change (sea level rise and saltwater
intrusion) from 2030 to 2100. That said, we focused on changes that are
expected in the next 20 to 60 years (i.e., by 2040-2080) because
virtually no habitat is forecasted to be present in the lower Florida
Keys by 2080. The habitat in Miami-Dade County is forecasted to
continue on the same trend up to 2100 as predicted from 2040-2080 (USGS
2019b, d, entire). We do not have any information on future trends of
other threats (disease, predation, invasive species, and collection).
We chose four plausible scenarios to examine the potential impacts
to Key ring-necked snake and rim rock crowned snake populations from
development, fire suppression of pine rocklands habitat, climate
impacts (sea level rise and saltwater intrusion), storm events, and
shifts in seasonal patterns of rainfall and temperature. We determined
the population condition (using criteria described above in table 1)
given our future projections of threats.
In order to understand the impacts of sea level rise and associated
impacts on the Key ring-necked snake and the rim rock crowned snake, we
contracted a study with the USGS to measure the potential future
impacts on pine rocklands and rockland hammock habitat in the range of
the Key ring-necked snake and the rim rock crowned snake (USGS 2019,
entire). The study calculated the impacts of root zone salinization,
regional sea level rise, and high tide effects on suitable habitat in
Miami-Dade County and the Florida Keys in 10-year intervals between
2030 and 2100. In this proposed rule, we present a summary of those
results. Detailed descriptions of the study and its results are
available in the SSA reports for the Key ring-necked snake and the rim
rock crowned snake (Service 2021a, pp. 25-27; Service 2021b, pp. 43-
47).

Key Ring-Necked Snake--Future Threats and Condition

Because we determined that the current condition of the Key ring-
necked snake is consistent with an endangered species (see
Determination of Species Status, below), we are not presenting the
results of the future scenarios in this rule. For more information on
the future condition, future threats, and future scenarios for the Key
ring-necked snake, please see the SSA report (Service 2021a, pp. 21-
33).

Rim Rock Crowned Snake--Future Threats and Condition

Development--Future Impacts
Future development is very likely to continue across the range of
the rim rock crowned snake. Suitable habitat that is projected to be
lost in all of these scenarios is privately owned and not currently
under conservation.
Miami-Dade and Monroe Counties are not anticipated to undergo
dramatic land use changes by 2070, because most land in these counties
is already allocated to development, agriculture, or conservation (Carr
and Zwick 2016, pp. 20-22). Of remaining pine rocklands

[[Page 62632]]

and rockland hammock habitat, 76 percent in eastern Miami-Dade County,
79 percent in the upper Florida Keys, and 83 percent in the lower
Florida Keys are protected or conserved (FNAI 2019). However, because
such limited habitat area remains, any remaining suitable unprotected
habitat for the rim rock crowned snake is extremely vulnerable to
development if left unprotected, and even the loss of one population
(particularly in the Miami-Dade area) could have a significant effect
on the species.
Of the suitable habitat for rim rock crowned snake remaining in
Miami-Dade County, between 19 and 21 percent is expected to be lost to
development by 2070 (Carr and Zwick 2016, pp. 20-22). Although the
expected population growth in Monroe County in the Florida Keys is
relatively modest, all vacant private lands not protected for
conservation purposes are projected to be developed, including lands
currently inaccessible for development, such as islands not attached to
the Overseas Highway (U.S. 1) (Zwick and Carr 2006, pp. 14-15). This
development will have the potential to further reduce the amount of
suitable habitat for the rim rock crowned snake.
Fire Suppression--Future Impacts
Fire suppression has had considerable negative impacts on pine
rocklands communities. The condition of some extant pine rocklands has
declined and become degraded because of inadequate management or
because they are isolated and confined by surrounding development that
restricts the use of prescribed fire, which is the primary management
tool. We do not expect the amount of prescribed burning to increase in
the future, so we anticipate that existing habitat will continue to
decline in quality and undergo habitat conversion to hammock habitats,
particularly in eastern Miami-Dade County.
Climate Change--Future Impacts
In Florida, sea level is projected to rise between 1 ft (0.4 m) at
the low end and up to 8.4 ft (3.2 m) at the high end by 2100 (USGS
2019b, p. 1). Due to sea level rise, low-lying islands and coastal
areas have increasingly become more vulnerable to high tide flooding,
which is rapidly increasing in frequency, depth, and extent (Sweet et
al. 2018, p. 3). In South Florida as well as the Keys, storm surge and
high tide flooding events primarily affect low-lying coastal areas and
exposed habitats such as pine rocklands and rockland hammocks. With
continued increase in sea level rise, high tide/king tide flood
frequencies are also expected to rapidly increase, with potentially
severe damage to remaining rockland habitat in the Florida Keys. Pine
rocklands species, particularly the dominant canopy species (slash
pine), have little ability to tolerate saltwater (USGS 2019b, p. 2). As
mentioned above, pine rocklands habitat has already undergone a
significant reduction in the Florida Keys due to sea level rise (Ross
et al. 1994, p. 154) and some of these areas are occupied by halophytic
(salt-tolerant) vegetation such as mangroves and buttonwood (Alexander
1976, pp. 219-222). As discussed above in Background, a unique
characteristic of the Florida Keys is the existence of a freshwater
lens below each island that is critically important for humans, flora,
fauna, and a variety of habitats.
In eastern Miami-Dade County, a shallow layer of highly permeable
limestone forms the unconfined Biscayne aquifer. Because this aquifer
is unconfined, the top-most layer makes up the water table and directly
interacts with natural and humanmade bodies of water. The Biscayne
aquifer merges with the floor of Biscayne Bay and the Atlantic Ocean,
making it a coastal aquifer. Being a coastal aquifer, there is a
potential for contamination from lowered water tables, primarily from
over-pumping due to residential and commercial use, which could allow
salt water intrusion and could be exacerbated by sea level rise.
The anticipated impacts of sea level rise and high tides for the
rim rock crowned snake for our four future scenarios are shown below in
tables 5-9. There is no table for pine rocklands habitat change in the
upper Florida Keys, as there is no pine rocklands habitat there.

Table 5--Predicted Pine Rocklands Habitat Changes With an Intermediate (I) or Extreme (E) RSLR (Relative Sea
Level Rise; Sweet et al. 2017, pp. vi, vii, 12, 21) and Moderate High Tide Effect (2.7 ft (0.82 m)), in the
Years 2040, 2060 and 2080, in Eastern Miami-Dade County
----------------------------------------------------------------------------------------------------------------
Area (ac) of Percent of
Current pine pine rocklands pine rocklands
Future scenario RSLR height Year rocklands (ac) in affected by affected by
(m) Miami-Dade both RSLR and both RSLR and
high tide high tide
----------------------------------------------------------------------------------------------------------------
1............................ 0.31 2040 I 2,275.02 4.3 0.19
2............................ 0.54 2060 I 13.6 0.60
3............................ 0.83 2080 I 51.5 2.26
4............................ 0.60 2040 E 20.3 0.89
----------------------------------------------------------------------------------------------------------------

Table 6--Predicted Rockland Hammock Habitat Changes With an Intermediate (I) or Extreme (E) RSLR (Relative Sea
Level Rise; Sweet et al. 2017, pp. vi, vii, 12, 21) and Moderate High Tide Effect (2.7 ft (0.82 m)), in the
Years 2040, 2060 and 2080, in Eastern Miami-Dade County
----------------------------------------------------------------------------------------------------------------
Area (ac) of Percent of
rockland rockland
RSLR height Current rockland hammock hammock
Future scenario (m) Year hammock (ac) in affected by affected by
Miami-Dade both RSLR and both RSLR and
high tide high tide
----------------------------------------------------------------------------------------------------------------
1............................ 0.31 2040 I 609.37 58.0 9.51
2............................ 0.54 2060 I 78.9 12.95
3............................ 0.83 2080 I 113.4 18.61
4............................ 0.60 2040 E 85.7 14.06
----------------------------------------------------------------------------------------------------------------

[[Page 62633]]

Table 7--Predicted Rockland Hammock Habitat Changes With an Intermediate (I) or Extreme (E) RSLR (Relative Sea
Level Rise; Sweet et al. 2017, pp. vi, vii, 12, 21) and Moderate High Tide Effect (2.7 ft (0.82 m)), in the
Years 2040, 2060 and 2080, in the Upper Florida Keys
----------------------------------------------------------------------------------------------------------------
Area (ac) of Percent of
rockland rockland
RSLR height Current rockland hammock hammock
Future scenario (m) Year hammock (ac) in affected by affected by
upper Keys both RSLR and both RSLR and
high tide high tide
----------------------------------------------------------------------------------------------------------------
1............................ 0.31 2040 I 7,005.60 3,273.8 46.73
2............................ 0.54 2060 I 3,930.8 56.11
3............................ 0.83 2080 I 4,686.5 66.90
4............................ 0.60 2040 E 4,097.7 58.49
----------------------------------------------------------------------------------------------------------------

Table 8--Predicted Pine Rocklands Habitat Changes With an Intermediate (I) or Extreme (E) RSLR (Relative Sea
Level Rise; Sweet et al. 2017, pp. vi, vii, 12, 21) and Moderate High Tide Effect (2.7 ft (0.82 m)), in the
Years 2040, 2060 and 2080, in the Lower Florida Keys
----------------------------------------------------------------------------------------------------------------
Area (ac) of Percent of
Current pine pine rocklands pine rocklands
Future scenario RSLR height Year rocklands (ac) in affected by affected by
(m) lower Keys both RSLR and both RSLR and
high tide high tide
----------------------------------------------------------------------------------------------------------------
1............................ 0.31 2040 I 1,899.35 1,674.4 88.16
2............................ 0.54 2060 I 1,834.9 96.61
3............................ 0.83 2080 I 1,898.9 99.98
4............................ 0.60 2040 E 1,864.9 98.19
----------------------------------------------------------------------------------------------------------------

Table 9--Predicted Rockland Hammock Habitat Changes With an Intermediate (I) or Extreme (E) RSLR (Relative Sea
Level Rise; Sweet et al. 2017, pp. vi, vii, 12, 21) and Moderate High Tide Effect (2.7 ft [0.82 m]), in the
Years 2040, 2060 and 2080, in the Lower Florida Keys
----------------------------------------------------------------------------------------------------------------
Area (ac) of Percent of
rockland rockland
RSLR height Current rockland hammock hammock
Future scenario (m) Year hammock (ac) in affected by affected by
lower Keys both RSLR and both RSLR and
high tide high tide
----------------------------------------------------------------------------------------------------------------
1............................ 0.31 2040 I 3,805.60 3,668.3 96.39
2............................ 0.54 2060 I 3,749.5 98.53
3............................ 0.83 2080 I 3,778.4 99.29
4............................ 0.60 2040 E 3,758.2 98.75
----------------------------------------------------------------------------------------------------------------

Extreme weather events are another impact of climate change likely
to impact pine rocklands and rockland hammock habitat. Plant species
common to both habitats have little ability to tolerate salt stress due
to saltwater intrusion or inundation owing to high tide events and sea
level rise. Although the effects during severe storm events may be
temporary, high mortality of pine rocklands and rockland hammock plant
species may occur. Thus, climate change-induced storm events may reduce
the resiliency of both pine rocklands and rockland hammock habitats.
Annual average temperature over the contiguous United States is
projected to rise. Increases of approximately 2.5 [deg]F (1.4 [deg]C)
are projected for the period 2021-2050 relative to 1976-2005 in all
representative concentration pathway (RCP) greenhouse gas emission
scenarios, implying recent record-setting years may be common in the
next few decades. Much larger increases in temperature are projected by
late century (2071-2100): 2.8-7.3 [deg]F (1.6-4.1 [deg]C) in RCP 4.5
and 5.8-11.9 [deg]F (3.2-6.6 [deg]C) in RCP 8.5 (USGCRP 2018, p. 159).
In addition, extreme heat events in Florida are projected to increase
relative to 1986-2005 (Service 2017, p. 2). Due to the already
released, human-induced emissions of greenhouse gases present in the
environment, another 0.5 [deg]F (0.3 [deg]C) increase in surface air
temperature would be expected, even if there was a sudden end to all
human-induced greenhouse gas emissions (Carter et al. 2014, pp. 414-
415). For the State of Florida, this would equate to an increase of
more than 30 to 40 days of extreme heat events for Florida's coastal
areas (Service 2017, p. 2). An increase in temperature also causes an
increase in evapotranspiration in plants, which will change vegetation
growth and survival, leading to changes in plant communities, which
could indirectly affect rim rock crowned snakes.
Extreme rainfall events have increased in frequency and intensity
in the southeastern United States, and there is high confidence they
will continue to increase in the future. Both the frequency and
severity of extreme precipitation events are projected to continue
increasing in the southeast region (Easterling et al. 2017, p. 223).
Future projections of average precipitation are uncertain, but an
increase in intense rainfall is projected. Although average summer
precipitation may not change, higher temperatures will increase the
rate of soil moisture loss, and, thereby, droughts will likely be more
intense (USGCRP 2018, pp. 1004, 1134). Dry consecutive days are
expected to increase up to 30 percent in south Florida by 2100 (Service
2017, p. 7). Extreme conditions can be

[[Page 62634]]

detrimental for the rim rock crowned snake. Decreased water
availability, exacerbated by population growth and land-use change,
will continue to increase competition for water (USGCRP 2018, p. 1112).
Increasing drought intensity will likely trigger more frequent wildfire
events, which may be beneficial to rim rock crowned snake by increasing
habitat quality. Additionally, greater rainfall rates during hurricanes
are expected with about a 20 percent increase near the center of
storms, increasing risks of severe and damaging flooding (Service 2017,
pp. 4-5). Periods of extreme drought and/or heavy rainfall can cause
losses and alteration in plant and animal communities, which could
affect the rim rock crowned snake directly or indirectly. For example,
with an increase in flooding frequency, rim rock crowned snakes may be
more frequently displaced from underground refugia, leading to higher
mortality risk. Alternatively, more periods of extreme drought may
reduce the abundance of prey, decreasing the ability of rim rock
crowned snakes to feed. Climate change-induced shifts in seasonal
patterns of rainfall and temperature may reduce the rim rock crowned
snake's overall resiliency, especially when extreme events occur within
areas of multiple populations.
Future Scenarios
In all four future scenarios, habitat supporting the rim rock
crowned snake is expected to undergo significant losses due to regional
sea level rise, particularly in the lower Florida Keys. Populations in
Miami-Dade County would be the least impacted by regional sea level
rise and saltwater intrusion. Under the highest climate impacts, by
2080, 18.6 percent of rockland hammock habitat and only 2.3 percent of
pine rocklands habitat in Miami-Dade County would be affected by
regional sea level rise (see tables 5 and 6, above; see also Service
2021b, table 13). Therefore, no additional mortality in that part of
the range from regional sea level rise and high tide would be expected
due to little habitat loss or alteration. However, as discussed
earlier, land development pressure on remaining undeveloped lands in
pine rocklands is expected to be high, as is fire suppression. Of the
2,898 ac (1,173 ha) of suitable habitat in Miami-Dade County, 82.6
percent is protected; however, these areas will still be affected by
ongoing habitat degradation. The remaining unprotected habitat (17.4
percent) will likely be lost or degraded due to high development
pressure, which could result in total loss, encroachment, or fire
suppression of the habitat. The result of these impacts is a decrease
in resiliency for all populations in Miami-Dade County under all future
scenarios (Table 10).
Storm events and associated storm surges will be a greater source
of mortality and habitat alteration throughout the Florida Keys in all
future scenarios, therefore reducing population resiliency. Projected
sea level rise will increase the inland penetration and residence time
of saltwater during storm surge events, and impact the freshwater lens,
both of which will accelerate habitat modification and loss.
Additionally, sea level rise in the Florida Keys will increase
saltwater intrusion and inundation, and root zone salinity over the
coming decades. This will result in the loss of habitat, changes in
freshwater-dependent habitat, and loss of individual snakes. In the
upper Florida Keys, between 46.7 and 58.5 percent of rockland hammock
habitat could be lost to sea level rise, with the severity and timing
varying with each climate scenario (see table 7, above). The most
severe impacts are expected in the lower Florida Keys, with habitat
losses due to relative sea level rise and high tides of 88.2 and 96.4
percent of pine rocklands and rockland hammock habitats, respectively
(see tables 8 and 9, above). Overall, we expect a trend toward a
reduction of populations in the upper Florida Keys and probable
extirpation of populations in the lower Florida Keys (table 10).
The ability of this species to adapt to changing environmental
conditions is extremely limited. The rim rock crowned snake will not
survive living in the anticipated more saline or more wet habitat, both
of which will alter the vegetation community. This reduction in
suitable habitat will lead to fewer populations and individuals
occurring in the Keys. Therefore, a reduction in species representation
in the lower and upper Florida Keys populations is expected. However, a
reduction in species representation is not expected in the Miami-Dade
County populations under any future scenario, despite a decline in
resiliency of these populations.
Redundancy is currently low for the rim rock crowned snake, and
with the continued loss or degradation to its habitat in the lower and
upper Florida Keys as outlined above, we expect loss of populations,
thereby further reducing the species' ability to withstand catastrophic
events such as hurricanes. Although the rim rock crowned snake
populations in Miami-Dade County are largely unaffected in all future
scenarios in that they are projected to remain extant, the loss of
populations in the lower (extirpation by 2040) and upper Florida Keys
leaves the rim rock crowned snake more vulnerable to extinction.

Table 10--Predicted Population Condition of the RRCS Under Four Scenarios
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area Current 2040I 2060I 2080I 2040E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lower Florida Keys................. Low................... Possibly extirpated... Presumed extirpated.. Presumed extirpated.. Presumed extirpated
Upper Florida Keys................. Low................... Low................... Low.................. Low.................. Low
Miami-Dade County.................. Moderate.............. Low................... Low.................. Low.................. Low
--------------------------------------------------------------------------------------------------------------------------------------------------------

Determination

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 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 endangered species
or 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.
For both the Key ring-necked snake and the rim rock crowned snake,
we

[[Page 62635]]

presented summary evaluations of six threats analyzed in the SSAs:
Development (Factor A), fire suppression (Factor A), sea level rise
(Factor A), saltwater intrusion (Factor A), shifts in seasonal patterns
of rainfall and temperature (Factor A), and storm events (Factor A). We
also evaluated existing regulatory mechanisms (Factor D) and ongoing
conservation measures. In the SSA, we also considered four additional
potential threats: overutilization due to recreational, educational,
and scientific use (Factor B); disease (Factor C); predation (Factor
C), and invasive species (Factor E). We concluded that, as indicated by
the best available scientific and commercial information, these four
potential threats are currently having little to no impact on either
the Key ring-necked snake or the rim rock crowned snake and their
habitats, and thus their overall effects now and into the future are
expected to be minimal. However, we consider them in the determination
for each species, because although these minor threats may have low
impacts on their own, combined with impacts of other threats, they
could further reduce the already low number of Key ring-necked snakes
or rim rock crowned snakes.
In considering the foreseeable future for the Key ring-necked snake
and the rim rock crowned snake, we analyzed expected changes in
development through 2070 based on the available model datasets, shifts
in seasonal patterns of rainfall and temperature through 2100, and
climate change (sea level rise and saltwater intrusion) from 2030 to
2100. That said, we focused on changes that are expected in the next 60
years because virtually no habitat for either species is forecasted to
be present in the lower Florida Keys by 2080. We determined that this
timeframe represents a period of time for which we can reliably predict
both the threats to the species and the species' response to those
threats.

Key Ring-Necked Snake: Status Throughout All of Its Range

The Key ring-necked snake is a narrow endemic that inhabits a
limited range, with individuals recorded on seven islands.
Historically, urban development and historical conversion of suitable
habitat for agriculture greatly reduced the extent of suitable habitat
for the Key ring-necked snake. Currently, degradation associated with
urbanization and fire suppression of pine rocklands is decreasing the
quality of remaining habitat, and thereby decreasing population
resiliency. Much of the pine rockland habitat where the Key ring-necked
snake is found is protected; however, the remaining parcels are at very
high risk of development. Since the Key ring-necked snake's range is so
limited, any development of habitat that supports the subspecies would
have a high level of impact on the subspecies, decreasing both
population resiliency and the already limited redundancy.
Furthermore, effects associated with climate change and sea level
rise (that is, higher tidal surges, coastal and inland flooding,
saltwater intrusion) are already being observed in the Florida Keys.
Before the effects of inundation due to sea level rise are fully
realized, vegetation succession to a halophytic dominated habitat
occurs as pine rockland plant species, particularly the dominant canopy
species (slash pine), have little ability to tolerate saltwater. Thus,
saltwater intrusion has resulted in degradation and loss of suitable
pine rocklands habitat as well as the freshwater sources on which the
Key ring-necked snake relies. Currently, habitat succession due to
saltwater intrusion has resulted in conversion of suitable habitat for
the Key ring-necked snake from rockland or hammock habitat into habitat
that is unsuitable for the species such as salt-tolerant mangroves. Sea
level rise is exacerbated by effects from increased rainfall and higher
than average storm surges from hurricanes and other tropical storms.
Because of their low mean elevation of less than 4 ft (1.2 m), the
lowest parts of the Florida Keys are highly susceptible to flooding,
with parts of the islands farther upland at risk of inundation and
saltwater intrusion from these storm events. As a result of these
ongoing impacts and others identified above, the seven known
populations of the Key ring-necked snake are currently in low
condition, and the overall viability of the species is likely reduced
from historical levels.
The primary threat currently facing the Key ring-necked snake is
climate change and sea level rise. All effects associated with climate
change are interrelated, with increases in the magnitude of severe
storms contributing to increased flooding events that have the
potential to extirpate populations of the Key ring-necked snake.
Although a severe hurricane is unlikely to flood all populations at
once, if a hurricane were to extirpate most populations, it would leave
the remainder of the subspecies significantly more vulnerable to other
threats. In addition to effects associated with current rates of sea
level rise, storms are also becoming more frequent and intense,
accelerating habitat modification and further reducing population
resiliency.
After evaluating threats to the species and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, we find that the Key ring-necked snake is currently
experiencing significant impacts due to development, fire suppression,
climate change, and sea level rise throughout its very limited range.
Because the Key ring-necked snake is endemic to only the lower Florida
Key islands, and all populations for the species are in low condition
due to impacts of threats (such as ongoing habitat degradation, fire
suppression, and impacts from saltwater intrusion), we find the species
is at a high risk of extinction. Thus, after assessing the best
available information, we conclude that the Key ring-necked snake is in
danger of extinction throughout all of its range.

Key Ring-Necked Snake: Status Throughout a Significant Portion of Its
Range

Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. We have determined that the Key ring-necked snake is in
danger of extinction throughout all of its range and accordingly did
not undertake an analysis of any significant portion of its range.
Because the Key ring-necked snake warrants listing as endangered
throughout all of its range, our determination does not conflict with
the decision in Center for Biological Diversity v. Everson, 435 F.
Supp. 3d 69 (D.D.C. 2020) (Everson), which vacated the provision of the
SPR Policy providing that if the Services determine that a species is
threatened throughout all of its range, the Services will not analyze
whether the species is endangered in a significant portion of its
range.

Key Ring-Necked Snake: Determination of Status

Our review of the best available scientific and commercial
information indicates that the Key ring-necked snake meets the
definition of an endangered species. Therefore, we propose to list the
Key ring-necked snake as an endangered species in accordance with
sections 3(6) and 4(a)(1) of the Act.

Rim Rock Crowned Snake: Status Throughout All of Its Range

The rim rock crowned snake is endemic to only the southeastern part
of the Florida peninsula and the Florida Keys. Currently, the
resiliency of the seven populations in the Miami-Dade area is moderate,
and the resiliency of

[[Page 62636]]

the eight populations in the Florida Keys is low. However, the rim rock
crowned snake is facing a variety of threats across its range. The
effects of urbanization and degradation are impacting the rim rock
crowned snake across its range, but the effects are particularly severe
in eastern Miami-Dade County. Although 75 percent of remaining suitable
habitat for the rim rock crowned snake in that part of the range is
protected, the habitat is spread across Miami-Dade County in small,
isolated fragments. These fragments are undergoing degradation due to
edge effects, and pine rocklands habitat is being further degraded due
to fire suppression, which causes it to undergo transition to dense
canopy that is less suitable for the rim rock crowned snake. Thus,
although individual populations are currently less likely to be lost to
new development, ongoing habitat degradation associated with
urbanization and fire suppression in pine rocklands will continue to
reduce the availability of features that the rim rock crowned snake
needs, thus decreasing population resiliency. Although several
populations in this part of the species' range are extant, we expect
the effects of habitat degradation will increase in magnitude into the
future, particularly in pine rocklands habitat where prescribed burning
does not occur, further reducing resiliency.
Rangewide, the rim rock crowned snake is also facing threats due to
the ongoing occurrence of more severe storms and the increased
incidence and intensity of storm surge that accompanies these storms.
Increased rainfall, along with the threats of sea level rise and higher
than average storm surges, is already reducing the amount of available
habitat due to inundation, particularly within the Florida Keys.
Because of their low mean elevation of less than 4 ft (1.2 m), the
lowest parts of the Florida Keys are highly susceptible to flooding,
with parts of the islands farther upland at risk of inundation and
saltwater intrusion from these storm events. Saltwater intrusion has
resulted in degradation and loss of suitable pine rocklands and
rockland hammock habitats--through vegetation shifting to halophytic
species--in the Florida Keys as well as the freshwater sources on which
the rim rock crowned snake relies. All of this, in turn, negatively
affects snake movement, reproduction, and food availability. Succession
to more halophytic vegetation has likely altered the density and type
of prey available to the rim rock crowned snake in these areas,
decreasing population resiliency. In addition, the underground spaces,
such as the limestone substrate that the rim rock crowned snake
inhabits, are vulnerable to sea level rise, and increased frequency in
flooding of underground areas increases the amount of time that species
are displaced from refugia. This displacement makes them more
vulnerable to predation, and combined with losses of foraging and
breeding opportunities (reproduction), this further decreases
population resiliency. Although a severe hurricane would be unlikely to
flood all populations across the species' range at once, if a hurricane
were to extirpate multiple populations, it would leave the remainder of
the species significantly more vulnerable to other threats, including
threats that currently only have a minor impact on the species.
Given the species' limited distribution and limited ecological
setting, species representation is currently low. However, the species
has moderate redundancy, as it has multiple populations distributed
throughout the Miami-Dade area (7 populations in moderate condition)
and the Upper and Lower Florida Keys (8 populations in low condition).
Thus, although these threats may cause the species to become endangered
in the foreseeable future, we do not find that threats at their current
magnitude are reducing resiliency and redundancy such that the species
is in danger of extinction now across the species' range.
In the foreseeable future, we anticipate that threats associated
with climate change, including the effects of storm events (for
example, storm surges, high tide), saltwater intrusion, and sea level
rise, will continue to increase in magnitude and have the greatest
influence on population resiliency, particularly in the Florida Keys.
Tropical storms will continue to become more frequent and intense,
accelerating habitat modification and reducing population resiliency.
Additionally, the Florida Keys will continue to face increased
saltwater intrusion and sea level rise, which will continue to cause
habitat alteration and loss. Acting together, these threats will cause
irreversible habitat modification and loss that will be further
exacerbated by ongoing and increasing levels of inundation. Populations
of the rim rock crowned snake in the lower and upper Florida Keys may
begin experiencing significant losses in the next 10-20 years. By 2040,
the upper Keys populations will experience loss of nearly half of its
current habitat and the lower Keys populations may potentially be
extirpated.
In Miami-Dade County, the effects of storm events (for example,
storm surges, high tide), saltwater intrusion, and sea level rise would
not exert much influence on population resiliency in the foreseeable
future. However, given that there is a relatively low amount of
suitable habitat to begin with (2,898 ac (1,172.8 ha)) when compared to
the Florida Keys (12,711 ac (5,144 ha)), additional threats may exert
pressure, which in combination, could stress the resiliency of the
Miami-Dade populations, and further reduce species redundancy as a
whole in the future. Dispersal of individual snakes to other
populations is unlikely and would only occur in isolated, random
circumstances.
The urban environment of metropolitan Miami presents many
challenges for dispersing snakes, including roads, highways, commercial
and residential development, canals, and vast storm water retention
areas. Encroachment and degradation are likely to increase in magnitude
in the foreseeable future for most remaining habitat, and risk of
development of the 25 percent of unprotected suitable habitat in Miami-
Dade County is high. As the urban interface of metropolitan Miami
increases in density, the likelihood of prescribed burning decreases,
which in turn decreases remaining habitat quality. If the habitat in
Miami-Dade County is the only remaining habitat within the rim rock
crowned snake's range due to the effects of climate change discussed
above in the Florida Keys, extinction may occur much more quickly due
to the small amount of suitable habitat left on the mainland, which
will likely degrade in quality, with populations becoming increasingly
isolated from one another.
After evaluating threats to the species and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, we find that the rim rock crowned snake is facing threats
across its range due to development, fragmentation, and effects
associated with climate change. However, the species currently
maintains enough population resiliency and species redundancy that it
is not in danger of extinction now. Within the foreseeable future,
unprotected habitat in eastern Miami-Dade County will continue to be
lost due to development, and protected habitat will continue to undergo
degradation due to edge effects and fire suppression. In the Florida
Keys, up to half of available habitat in the upper Keys and nearly all
habitat in the lower Keys could be lost by 2040. Thus, after assessing
the best available information, we conclude that the rim rock crowned

[[Page 62637]]

snake is not currently in danger of extinction but is likely to become
in danger of extinction within the foreseeable future throughout all of
its range.

Rim Rock Crowned Snake: Status Throughout a Significant Portion of Its
Range

Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. The court in Everson vacated the aspect of the 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'' (Final Policy) (79 FR 37578; July 1, 2014) that
provided that the Service does not undertake an analysis of significant
portions of a species' range if the species warrants listing as
threatened throughout all of its range. Therefore, we proceed to
evaluating whether the species is endangered 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.
Following the court's holding in Everson, we now consider whether
there are any significant portions of the species' range where the
species is in danger of extinction now (that is, endangered). In
undertaking this analysis for the rim rock crowned 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 any portions of the range where the
species is endangered.
For the rim rock crowned snake, we considered whether there are any
portions of the species' current range that may have a different
status. We identified the Florida Keys portion of the species' range
because all eight populations are currently in low condition. Within
the Florida Keys, the effects associated with climate change and sea
level rise (that is, higher tidal surges, coastal and inland flooding,
saltwater intrusion) are already being observed. Before the effects of
inundation due to sea level rise are fully realized, vegetation
succession to a halophytic dominated habitat occurs as pine rockland
species, particularly the dominant canopy species (slash pine), have
little ability to tolerate saltwater. Thus, saltwater intrusion has
resulted in degradation and loss of suitable pine rocklands habitat as
well as the freshwater sources on which the rim rock crowned snake
relies. Currently, habitat succession due to saltwater intrusion has
resulted in conversion of suitable habitat for the rim rock crowned
snake from rockland or hammock habitat into habitat that is unsuitable
for the species, such as salt-tolerant mangroves. Succession to more
halophytic vegetation has likely altered the density and type of prey
available to the rim rock crowned snake in these areas, decreasing
population resiliency.
Sea level rise is exacerbated by effects from increased rainfall
and higher than average storm surges from hurricanes and other tropical
storms. Underground spaces, such as the limestone substrate that the
rim rock crowned snake inhabits, are vulnerable to sea level rise.
Increased frequency in flooding of subterranean areas increases the
amount of time that species are displaced from refugia, making them
more vulnerable to predation and extreme temperatures. This, combined
with losses of foraging and breeding opportunities, further decreases
population resiliency.
As mentioned above, within the Florida Keys portion, the eight
populations currently have low resiliency. Given the species' current
condition within the Keys and ongoing impacts from climate change and
sea level rise which are already being realized, we find that the
Florida Keys portion of the rim rock crowned snake is in danger of
extinction.
We then proceeded to the significance question, asking whether this
portion of the range (i.e., the Florida Keys portion of the rim rock
crowned snake) 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 rim rock crowned snake, we considered whether the
Florida Keys portion of the species' range may be significant based on
its biological importance to the overall viability of the rim rocked
crown 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 Florida Keys portion of the range contains the largest patches
of intact pine rockland and rockland hammock habitats within the rim
rock crowned snake's range. Currently, the Florida Keys accounts for
roughly 82 percent (12,711 of 15,595 ac (5,144 of 6,311 ha)) of
suitable pine rockland and rockland hammock habitat and 53 percent (8
of 15) of extant populations within the range of the rim rock crowned
snake. In the lower Florida Keys, the total area of pine rocklands
habitat is approximately 1,899 ac (769 ha), and the total area of
rockland hammock habitat is approximately 3,806 ac (1,540 ha). While
the hammock habitats are widespread across many islands in various
sizes, pine rocklands remain on only five islands in the lower Florida
Keys and none of the upper Florida Keys. The total area covered by
rockland hammock in the upper Florida Keys is 7,006 ac (2,835 ha). The
Florida Keys portion constitutes a large geographic area relative to
the remaining portions of the range, as this area encompasses 82
percent of the rangewide suitable habitat for the rim rock crowned
snake. Therefore, having assessed the Florida Keys portion's biological
significance in terms of the above habitat considerations, we find the
information substantially indicates this portion is significant to the
rim rock crowned snake.
Accordingly, having determined that the Florida Keys portion of the
species' range (1) is significant, and (2) is currently in danger of
extinction, we find the rim rock crowned snake meets the definition of
an endangered species. This is consistent with the courts' holdings 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)

Rim Rock Crowned Snake: Determination of Status

Our review of the best available scientific and commercial
information indicates that the rim rock crowned snake meets the Act's
definition of an

[[Page 62638]]

endangered species. Therefore, we propose to list the rim rock crowned
snake as an endangered species in accordance with sections 3(6) 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 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 (<a href="https://www.fws.gov/endangered">https://www.fws.gov/endangered</a>),
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 (for example, 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 these species are listed, funding for recovery actions will be
available from a variety of sources, including Federal budgets, State
programs, and cost-share grants for non-Federal landowners, the
academic community, and nongovernmental organizations. Additionally,
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 Key ring-necked snake and the rim
rock crowned snake. Information on our grant programs that are
available to aid species recovery can be found at: <a href="https://www.fws.gov/service/financial-assistance">https://www.fws.gov/service/financial-assistance</a>.
Although the Key ring-necked snake and the rim rock crowned snake
are only proposed for listing under the Act at this time, please let us
know if you are interested in participating in recovery efforts for
these species. Additionally, we invite you to submit any new
information on these species whenever it becomes available and any
information you may have for recovery planning purposes (see FOR
FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat. Regulations implementing this interagency cooperation
provision of the Act are codified at 50 CFR part 402. 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 a
species proposed for listing or result in destruction or adverse
modification of proposed critical habitat. If a species is listed
subsequently, section 7(a)(2) of the Act requires Federal agencies to
ensure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of the species or destroy
or adversely modify its critical habitat. If a Federal action may
affect a listed species or its critical habitat, the responsible
Federal agency must enter into consultation with the Service.
For the Key ring-necked snake, Federal agency actions within the
species' habitat that may require conference, consultation, or both,
with the Service as described in the preceding paragraph could include
management and any other landscape-altering activities on Federal lands
administered by the administered by the Service (National Key Deer
Refuge); issuance of section 404 Clean Water Act (33 U.S.C. 1251 et
seq.) permits by the U.S. Army Corps of Engineers; construction and
management of pipeline and power line rights-of-way by the Federal
Energy Regulatory Commission; construction and maintenance of roads,
bridges, or highways by the Federal Highway Administration.
For the rim rock crowned snake, Federal agency actions within the
species' habitat that may require conferencing with the Service as
described in the preceding paragraph could include management and any
other landscape-altering activities on Federal lands administered by
the administered by the Service (National Key Deer Refuge, Crocodile
Lake National Wildlife Refuge); issuance of section 404 Clean Water Act
(33 U.S.C. 1251 et seq.) permits by the U.S. Army Corps of Engineers;
construction and management of pipeline and power line rights-of-way by
the Federal Energy Regulatory Commission; construction and maintenance
of roads, bridges, or highways by the Federal Highway Administration.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to endangered wildlife.
The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR
17.21, make it illegal for any person subject to the jurisdiction of
the United States to take (which includes harass, harm, pursue, hunt,
shoot,

[[Page 62639]]

wound, kill, trap, capture, or collect; or to attempt any of these)
endangered wildlife within the United States or on the high seas. In
addition, it is unlawful to import; export; deliver, receive, carry,
transport, or ship in interstate or foreign commerce in the course of
commercial activity; or sell or offer for sale in interstate or foreign
commerce any species listed as an endangered species. It is also
illegal to possess, sell, deliver, carry, transport, or ship any such
wildlife that has been taken illegally. Certain exceptions apply to
employees of the Service, the National Marine Fisheries Service, other
Federal land management agencies, and State conservation agencies.
We may issue permits to carry out otherwise prohibited activities
involving endangered wildlife under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.22. With regard to
endangered wildlife, a permit may be issued for the following purposes:
for scientific purposes, to enhance the propagation or survival of the
species, and for incidental take in connection with otherwise lawful
activities. The statute also contains certain exemptions from the
prohibitions, which are found in sections 9 and 10 of the Act.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed those activities that would or would not
constitute a violation of section 9 of the Act. 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. Based on the best available information,
the following actions are unlikely to result in a violation of section
9 for the Key ring-necked snake or the rim rock crowned snake, if these
activities are carried out in accordance with existing regulations and
permit requirements; this list is not comprehensive:
(1) Recreational use with minimal ground disturbance (for example,
hiking, walking); and
(2) Herbicide and pesticide use that is carried out in accordance
with any existing regulations, permit and label requirements, and best
management practices.
Based on the best available information, the following activities
may potentially result in a violation of section 9 of the Act for the
Key ring-necked snake or rim rock crowned snake if they are not
authorized in accordance with applicable law; this list is not
comprehensive:
(1) Unauthorized handling or collecting of the species;
(2) Sale or purchase of specimens, except for properly documented
antique specimens of this taxon at least 100 years old, as defined by
section 10(h)(1) of the Act.
(3) Activities resulting in ground disturbance in occupied Key
ring-necked snake or rim rock crowned snake habitat (for example,
plowing, mowing, burning, land leveling or clearing, grading, disking,
soil compaction, soil removal, dredging, excavation, deposition of
dredged or fill material, erosion and deposition of sediment/soil);
(4) Introduction of nonnative species that compete with or prey
upon the Key ring-necked snake or rim rock crowned snakes.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Florida
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

II. Critical Habitat for the Key Ring-Necked Snake and the Rim Rock
Crowned Snake

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 (that is,
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 Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation also does not allow the
government or public to access private lands. Such designation does not
require implementation of restoration, recovery, or enhancement
measures by non-Federal landowners. Where a landowner requests Federal
agency funding or authorization for an action that may affect a listed
species or critical habitat, the Federal agency would be required to
consult with the Service under section 7(a)(2) of the Act. However,
even if the Service were to conclude that the proposed activity would
result in destruction or adverse modification of the critical habitat,
the Federal action agency and the landowner are not required to abandon
the proposed activity, or to restore or recover the species; instead,
they must implement ``reasonable and prudent alternatives'' to avoid
destruction or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied 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

[[Page 62640]]

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. As
discussed above, the court in CBD v. Haaland vacated the 2019
regulations which modified the criteria for designating critical
habitat, including designating critical habitat in areas outside the
geographical area occupied by the species. Therefore, the regulations
that now govern designations of critical habitat, are those regulations
that published on February 11, 2016 (81 FR 7438).
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

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.