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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
habitat in Unit 14 is unique to the Miami tiger beetle.

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Unit 15: Calderon Pineland Unit 15 consists of approximately 14
ac 6 ha of county-owned lands in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle, although we are not aware of any records of historical occupancy of the unit. This unit includes remaining pine rockland habitat in the Northern Biscayne Pinelands of the Miami Rock Ridge. This unit includes all the physical or biological features essential to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features all of the physical or biological features, is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks, Recreation and Open Spaces Department conducts nonnative species control, prescribed fire, and mechanical vegetation treatments on lands owned by Miami-Dade County. The actions help improve habitat that could support the Miami tiger beetle.
The entirety of Unit 15 overlaps with designated critical habitat for Florida brickell-bush. Additionally, approximately 9 ac 4 ha or 64 percent of Unit 15 is enrolled in the NFC
program.
Unit 16: Porter Pineland Preserve Unit 16 consists of approximately 7 ac 3 ha of privately owned lands in Miami-Dade County. The unit is within the historical range of the Miami tiger beetle, although we are not aware of any records of historical occupancy of the unit. This unit includes remaining pine rockland habitat in the Northern Biscayne Pinelands of the Miami Rock Ridge. This unit includes all the physical or biological features essential
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to the conservation of the species and is protected and actively managed to maintain healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is essential for the conservation of the species because it serves to protect habitat needed to recover the species, reestablish wild populations within the historical range of the species, and maintain populations throughout the historical distribution of the species in Miami-Dade County. It also provides habitat for recovery in the case of stochastic events, should the Miami tiger beetle be extirpated from one of its current locations. Given this unit contains essential habitat features all of the physical or biological features, is protected and actively managed, and has an appropriate spatial distribution falling within the range of the species, we are reasonably certain that the lands and habitat within this unit will contribute to the conservation of the Miami tiger beetle.
The Audubon Society, with the help of volunteers and other conservation groups, conduct nonnative species control, prescribed fire, and mechanical vegetation treatments on this privately owned parcel. The actions help improve habitat that could support the Miami tiger beetle.
The entirety of Unit 16 overlaps with designated critical habitat for Carters small-flowered flax and Florida brickellbush. Additionally, approximately 6 ac 2 ha or 86 percent of Unit 16 is enrolled in the NFC program.
Effects of Critical Habitat Designation Section 7 Consultation Section 7a2 of the Act requires Federal agencies, including the Service, to ensure that any action they fund, authorize, or carry out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of designated critical habitat of such species. In addition, section 7a4 of the Act requires Federal agencies to confer with the Service on any agency action which is likely to jeopardize the continued existence of any species proposed to be listed under the Act or result in the destruction or adverse modification of proposed critical habitat.
We published a final rule revising the definition of destruction or adverse modification on August 27, 2019 84 FR
44976. Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species.

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If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency action agency must enter into consultation with us. Examples of actions that are subject to the section 7 consultation process are actions on State, Tribal, local, or private lands that require a Federal permit such as a permit from the Corps under section 404 of the Clean Water Act 33 U.S.C. 1251 et seq. or a permit from the Service under section 10 of the Act or that involve some other Federal action such as funding from the Federal Highway Administration, Federal Aviation Administration, or the Federal Emergency Management Agency. Federal actions not affecting listed species or critical habitatand actions on State, Tribal, local, or private lands that are not federally funded, authorized, or carried out by a Federal agencydo not require section 7
consultation.
Compliance with the requirements of section 7a2 is documented through our issuance of:
1 A concurrence letter for Federal actions that may affect, but are not likely to adversely affect, listed species or critical habitat; or 2 A biological opinion for Federal actions that may affect, and are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is likely to jeopardize the continued existence of a listed species and/or destroy or adversely modify critical habitat, we provide reasonable and prudent alternatives to the project, if any are identifiable, that would avoid the likelihood of jeopardy and/or destruction or adverse modification of critical habitat. We define reasonable and prudent alternatives at 50 CFR
402.02 as alternative actions identified during consultation that:
1 Can be implemented in a manner consistent with the intended purpose of the action, 2 Can be implemented consistent with the scope of the Federal agencys legal authority and jurisdiction, 3 Are economically and technologically feasible, and 4 Would, in the Service Directors opinion, avoid the likelihood of jeopardizing the continued existence of the listed species and/or avoid the likelihood of destroying or adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a
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