Protecting Florida's rare plants from extinction.

• Author: Regan, Kevin E.
• Position: Environmental and Land Use Law

"I speak for the trees, for the trees have no tongues." (1)

DR. SEUSS, THE LORAX

There is increasing scientific, political, and legal concern about the loss of biodiversity and protecting species from extinction. This concern is manifested in a number of legislative efforts to protect species, many of which have focused on protecting animal species. There has been disproportionately little interest in the problems associated with the decline of plant species. Florida is an interesting case study because it contains a large number of rare plant species and its plant protection laws are typical in that they are weaker than the laws that protect animal species. Analysis of the problems associated with rare plant protection in Florida suggests the need to improve the existing legal framework and its implementation at both the federal and state level.

This article briefly explores the rationales for protecting plant species in general and describes the problems associated with the loss of rare plant species in Florida. The article examines the legal bases for rare plant (2) protection in Florida and explores some of the obstacles that hinder plant protection and conservation efforts in the state, beginning with an overview of federal laws, focusing on [section] 9 of the Endangered Species Act, (3) and ending with a discussion of Florida laws regulating rare plant species. (4)

Importance and Difficulty of Protection

* Rationales for Protecting Plant Species

There is a complex relationship between plant and animal species, including humans. (5) Because humans depend on plants for oxygen, food, shelter, and many other needs, there are many anthropocentric justifications for protecting plant species. In addition, there is increasing acceptance of the biocentric argument that plants have inherent value independent of humans and deserve to be protected.

Plants provide a number of ecological functions upon which humans and other animals rely. Most of the oxygen in the earth's atmosphere is a product of the photosynthetic activity of plants, which are usually the basis of the food chain. A single plant may support as many as 15 to 20 different species, including bacteria, fungi, insects, and other plants and animals. (6) Thus, the destruction of a plant species may cause the destruction of many other organisms that depend on it. The maintenance of biological diversity, including plant species, enhances the ability of the biosphere to respond to changes in the world's physical conditions. (7)

Plants offer a number of direct and indirect economic benefits to humans. They may represent future sources of food, medicines, or other useful products. Plants produce thousands of complex chemicals that have been profitably exploited for business and industrial uses. Throughout history the lives of humans have been intertwined with plants, (8) and the extent of humans' reliance on plants for survival and livelihood mandates the conservation of plant species.

* Florida's Rare Plant Species

Florida is among the states with the greatest plant diversity, along with Hawaii, California, and Texas. (9) There are approximately 3,500 species of vascular plants in Florida, the majority of which are native. (10) Florida also has a high number of globally rare plant species. (11) A number of these species are found nowhere else on Earth. (12)

Rare plant species typically require a particular set of environmental conditions, or microhabitat, in order to grow. The specific microhabitat requirements of rare plants increases their susceptibility to endangerment when humans alter particular habitats occupied by rare plants.

As is the case in many other parts of the U.S., the native plant species of Florida have been negatively affected by habitat disturbances. Development pressures have affected portions of Florida for over 400 years. (13) These anthropogenic disturbances have included logging and agriculture in the northern portions of the state, conversion to citrus in central Florida, and drainage in southern Florida. (14) As a result, large portions of the habitats of Florida's native plants have been lost. (15)

In addition, as a result of collecting, a significant number of rare plant species are being removed from undisturbed habitats. (16) An active trade exists in Florida, partly commercial but largely informal, by which plants are gathered from the wild and distributed to horticulturists and hobbyists for backyard and greenhouse cultivation. It has been exceedingly difficult to protect certain species from collectors. (17) These species include orchids, bromeliads, cacti, ferns, and insectivorous species. Pressure from collecting may be more pronounced among plant species than animal species.

Exotic species pose another significant threat to Florida's rare plant species. Hundreds of exotic plants have been introduced into Florida, a number of which are aggressively invasive. Such invasive species not only dominate disturbed sites, but they are capable of out-competing and supplanting native species. For example, Brazilian pepper (Schinus terebinthifolius) and melaleuca (Melaleuca quinquenervia) have overrun thousands of acres in Everglades National Park. As a result of these problems, there has been increasing recognition of the need for a statewide plan to deal with exotic species issues.

Existing Legal Protection for Rare Plant Species

* Distinction Between Plants and Animals at Common Law

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