[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Pages 51925-51928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18228]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2021-0054; FF09E22000 FXES1113090FEDR 223]
RIN 1018-BE43
Endangered and Threatened Wildlife and Plants; Removing the
Braken Bat Cave Meshweaver From the List of Endangered and Threatened
Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are removing
the Braken Bat Cave meshweaver (Cicurina venii), an arachnid, from the
Federal List of Endangered and Threatened Wildlife (i.e., ``delisting''
the species) under the Endangered Species Act of 1973, as amended
(Act), because of a taxonomic revision. This determination is based on
our evaluation of the best available scientific and commercial
information, which indicates that the Braken Bat Cave meshweaver is not
a discrete taxonomic entity and does not meet the definition of a
species as defined under the Act. The reason it does not meet the
definition of a species is that the original data for classification of
the Braken Bat Cave meshweaver when it was listed was in error. Braken
Bat Cave meshweaver has been synonymized with Madla Cave meshweaver
(Cicurina madla). Therefore, due to a taxonomic revision, Braken Bat
Cave meshweaver is no longer a scientifically accepted species and
cannot be listed under the Act. However, because individuals previously
identified as Braken Bat Cave meshweaver have been synonymized under
Madla Cave meshweaver, their status and protections under the Act
remain the same because the Madla Cave meshweaver is listed as
endangered under the Act.
DATES: This rule is effective September 23, 2022.
ADDRESSES: The proposed rule and this final rule are available on the
internet at https://www.regulations.gov. Comments and materials we
received, as well as supporting documentation we used in preparing this
rule, are available for public inspection at https://www.regulations.gov at Docket No. FWS-R2-ES-2021-0054.
FOR FURTHER INFORMATION CONTACT: Catherine Yeargan, Acting Field
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, TX 78758; by telephone at 512-490-0057. 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:
Previous Federal Actions
On September 30, 2021, we published a proposed rule (86 FR 54145)
to remove Braken Bat Cave meshweaver from the Federal List of
Endangered and Threatened Wildlife (i.e., to delist the species).
Please refer to that proposed rule for a detailed description of
previous Federal actions concerning this species. The proposed rule and
supplemental documents are provided at https://www.regulations.gov
under Docket No. FWS-R2-ES-2021-0054.
Peer Review
In accordance with our policy, ``Notice of Interagency Cooperative
Policy for Peer Review in Endangered Species Act Activities,'' which
was published on July 1, 1994 (59 FR 34270) and our August 22, 2016,
Director's Memorandum ``Peer Review Process,'' we sought the expert
review of our September 30, 2021, proposed rule to delist the Braken
Bat Cave meshweaver (86 FR 54145). We sent the proposed rule to three
independent peer reviewers and received two responses. We also sent the
rule to one partner reviewer and received a response. The purpose of
such review is to ensure that our decisions are based on scientifically
sound data, assumptions, and analysis.
Summary of Changes From the Proposed Rule
In preparing this final rule, we reviewed and fully considered
comments on our September 30, 2021, proposed rule (86 FR 54145). We did
not receive substantial additional information during the comment
period, and therefore we did not make any changes from the proposed
rule in this final rule.
[[Page 51926]]
Background
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species is an endangered species or a threatened species. On
July 5, 2022, the U.S. District Court for the Northern District of
California vacated regulations that the Service (jointly with the
National Marine Fisheries Service) had promulgated in 2019 (Center for
Biological Diversity v. Haaland, No. 4:19-cv-05206-JST, Doc. 168 (CBD
v. Haaland). As a result of that vacatur, regulations that were in
effect before those 2019 regulations now govern listing and critical
habitat decisions. Our analysis for this decision applied those pre-
2019 regulations. However, given that litigation remains regarding the
court's vacatur of those 2019 regulations, we also undertook an
analysis of whether the decision would be different if we were to apply
the 2019 regulations. We concluded that the decision would have been
the same if we had applied the 2019 regulations. The analysis based on
the 2019 regulations is included in the decision file for this
decision.
Species Information and Biology
The Braken Bat Cave meshweaver is a small, troglobitic (cave-
dwelling) spider that inhabits caves and mesocaverns (humanly
impassable voids in karst limestone) in Bexar County, Texas. Because
the Braken Bat Cave meshweaver is restricted to the subterranean
environment, individuals exhibit morphological adaptations to that
environment, such as elongated appendages and loss or reduction of eyes
and pigment (Service 2011b, p. 2).
Habitat and Distribution
Habitat for the Braken Bat Cave meshweaver includes karst-forming
rock containing subterranean spaces (caves and connected mesocaverns)
with stable temperatures, high humidities (near saturation), and
suitable substrates (for example, spaces between and underneath rocks
for foraging and sheltering) that are free of contaminants (Service
2011b, p. 2). Although the Braken Bat Cave meshweaver spends its entire
life underground, its ecosystem is dependent on the overlying surface
habitat (Service 2011b, p. 2). Examples of nutrient sources include
leaf litter that has fallen or washed in, animal droppings, and animal
carcasses. Individuals require surface and subsurface sources (such as
plants and their roots, fruits, and leaves, and animal (e.g., cave
cricket) eggs, feces, and carcasses) that provide nutrient input into
the karst ecosystem (Service 2011a, p. 6).
The Braken Bat Cave meshweaver is known from only two caves in the
Culebra Anticline karst fauna region. One is located on private
property, and the other occurs on a highway right-of-way. The species
was first collected in 1980 and 1983 in Braken Bat Cave, but the cave
itself was not initially described until 1988 (Reddell 1993, p. 38).
The cave entrance was filled during construction of a home in 1990.
Without excavation, it is difficult to determine what effect this
incident had on the Braken Bat Cave meshweaver; however, there may
still be some nutrient input, from a reported small side passage. The
remaining location was discovered in 2012, during construction of State
Highway 151 in San Antonio, Texas. Originally a void with no entrance,
that feature was capped with concrete and the soil and vegetation above
it was restored to the extent possible.
Threats to the Braken Bat Cave meshweaver and its habitat include
destruction and/or deterioration of habitat by construction; filling of
caves and karst features; increase of impermeable cover; contamination
from septic effluent, sewer leaks, run-off, pesticides, and other
sources; predation by and competition with nonnative fire ants; and
vandalism (65 FR 81419; December 26, 2000).
Taxonomy
Spider taxonomy generally relies largely on genitalic differences
in adult specimens to delimit species (Paquin and Hedin 2004, p. 3240;
Paquin et al. 2008, p. 139; Paquin and Dup[eacute]rr[eacute] 2009, p.
5). Delimiting troglobitic Cicurina species in particular is difficult
not only because of the inaccessibility of their habitat for gathering
adequate samples (Moseley 2009, pp. 47-48), but because most
collections return immature specimens (Gertsch 1992, p. 80;
Cokendolpher 2004, p. 15; Paquin and Hedin, 2004, p. 3240; Paquin et
al. 2008, p. 140; Paquin and Dup[eacute]rr[eacute] 2009, p. 5). In
addition, the few adults that are collected are disproportionately
female (Cokendolpher 2004, pp. 14, 15, 17-18; Paquin and
Dup[eacute]rr[eacute] 2009, p. 5). As females of troglobitic Cicurina
exhibit variability in genitalic characters within and between caves,
this makes it difficult to determine whether an individual represents a
distinct species or intraspecific variation based on morphology alone
(Cokendolpher 2004, pp. 30-32; Paquin and Duperre 2009, pp. 5-6; Paquin
et al. 2008, pp. 140, 143, 147; Paquin and Dup[eacute]rr[eacute] 2009,
pp. 4-6, 63-64).
The Braken Bat Cave meshweaver and Madla Cave meshweaver were
originally described in 1992, from single female specimens found in
Braken Bat Cave and Madla's Cave, respectively (Gertsch 1992, pp. 109,
111). These species were two of only four cave-dwelling spiders of the
genus Cicurina described from Bexar County at the time (Gertsch 1992,
p. 98) and were differentiated based on their geographic location and
specific morphological characters of the females (Gertsch 1992, pp. 84,
109, 111; Cokendolpher 2004, pp. 26, 43, 52).
Various genetic data were combined to address species delimitation
questions in troglobitic Cicurina species, including the Braken Bat
Cave meshweaver (Hedin et al. 2018, entire). Analysis of the
evolutionary history of the species using genetics (phylogenomics)
revealed two lines of ancestry, both of which are eyeless and
correspond to groups previously described based on female morphology
and troglobitic (cave-dwelling) adaptations, specifically the shape of
the female sperm storage organ and the ratio of leg length to body
length (Hedin et al. 2018, pp. 55, 61, 63-64; Cokendolpher 2004, p. 18;
Paquin and Dup[eacute]rr[eacute] 2009, p. 9). Although the type
specimen for the Braken Bat Cave meshweaver was not included in the
genetics portion of the study because DNA could not be collected due to
age, newly discovered specimens from the same geographic region with
similar morphology to the Braken Bat Cave meshweaver placed it in the
Madla Cave meshweaver clade genetically (Hedin et al. 2018, pp. 56-57;
Hedin et al. 2018, p. 67).
Therefore, based on similarity of morphologic characteristics and
mitochondrial and nuclear DNA results, Braken Bat Cave meshweaver was
synonomized under Madla Cave meshweaver (Hedin et al. 2018, p. 68).
This synonomy was accepted by the World Spider Catalog (World Spider
Catalog 2019). Please refer to the Bexar County Karst Invertebrates
Recovery Plan (2011), the Bexar County Karst Invertebrates 5-year
Review (2011), and the Madla Cave Meshweaver 5-year Review (2019) for
more information.
Summary of Comments and Recommendations
In the September 30, 2021, proposed rule (86 FR 54145), we
requested that all interested parties submit written comments on or
before November 29, 2021. We also contacted appropriate State agencies
and scientific experts and invited them to comment on the
[[Page 51927]]
proposed rule. A newspaper notice inviting general public comment was
published in the San Antonio Express-News' legal notices section on
October 14, 2021. Although we invited requests for a public hearing in
the rule, we did not receive any requests for a public hearing.
Peer Reviewer Comments
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), and our August 22, 2016, memorandum updating and
clarifying the role of peer review actions under the Act, we sought the
expert opinions of three specialists with expertise in the biology,
habitat, and threats to the Braken Bat Cave meshweaver. We received
responses from two experts. Both peer reviewers agreed that the Braken
Bat Cave meshweaver should be delisted because it is no longer a
taxonomically valid species and should be synonymized with the Madla
Cave meshweaver. They did not provide any additional substantial
information that would result in a change from the proposed rule.
State Agency Comments
We received one comment from Texas Parks and Wildlife Department
that supported our determination to delist the Braken Bat Cave
meshweaver. The agency did not provide any further substantive
information.
Public Comments
We received four public comments during the comment period in
response to the proposed rule. We reviewed all comments we received
during the public comment period for substantive issues and new
information regarding the proposed rule. None of the comments we
received included new information concerning the proposed delisting of
the Braken Bat Cave meshweaver. Two commenters supported our proposal
to delist the Braken Bat Cave meshweaver, and the other two comments
did not address or provide any information concerning the Braken Bat
Cave meshweaver's delisting. We did not receive any comments opposing
the proposed rule. Because all of the public comments we received did
not provide any new or substantial information or pose questions to be
addressed, they do not warrant an explicit response in this rule.
Delisting Determination
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for listing
species on, reclassifying species on, or removing species from the
Federal Lists of Endangered and Threatened Wildlife and Plants. The Act
defines ``species'' as including any species or subspecies of fish or
wildlife or plants, and any distinct population segment of vertebrate
fish or wildlife that interbreeds when mature (16 U.S.C. 1532(16)). Our
regulations at 50 CFR 424.11 identify three reasons why we might
determine that a listed species is neither an endangered species nor a
threatened species: (1) The species is extinct; (2) the species has
recovered; or (3) the original data or interpretations of the data used
at the time the species was classified were in error. Here, we have
determined that the Braken Bat Cave meshweaver was listed based on data
or interpretations of data that were in error; therefore, we are
delisting it. Consideration of the Recovery Criteria for the Braken Bat
Cave meshweaver is not appropriate because it was delisted based on a
previous taxonomic classification error. Both the Braken Bat Cave
meshweaver and the Madla Cave meshweaver are covered under the Bexar
County Karst Invertebrates Recovery Plan (Service 2011, entire); the
Braken Bat Cave meshweaver will now be addressed under that recovery
plan as the Madla Cave meshweaver (16 U.S.C. 1533(g)(1)).
Effects of This Rule
This final rule revises 50 CFR 17.11(h) by removing the Braken Bat
Cave meshweaver from the Federal List of Endangered and Threatened
Wildlife. However, because the Braken Bat Cave meshweaver has been
synonymized under the Madla Cave meshweaver, its status, and thus its
protections under the Act, remain the same because the Madla Cave
meshweaver is listed as endangered, wherever it is found, under the
Act. The additional Braken Bat Cave meshweaver localities were included
in the Madla Cave meshweaver 5-year review and did not change the
endangered status of the Madla Cave meshweaver species (Service 2019,
p. 17).
Unit 15, the area surrounding Braken Bat Cave, was designated as
critical habitat for Braken Bat Cave meshweaver in 2012 (77 FR 8450;
February 14, 2012). Because Braken Bat Cave meshweaver has designated
critical habitat, this rule also amends 50 CFR 17.95(g) to remove the
Braken Bat Cave meshweaver's designated critical habitat. This area has
not yet been evaluated to determine if it is essential to the
conservation of the Madla Cave meshweaver. Should we evaluate it in the
future and determine that it is essential for the conservation of the
Madla Cave meshweaver, proposing this unit as critical habitat for
Madla Cave meshweaver would be completed in a subsequent rulemaking.
Unit 15, however, is also critical habitat for an endangered beetle
with no common name, Rhadine infernalis. Therefore, Unit 15 will retain
the protections of the Act as designated critical habitat for R.
infernalis.
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be
prepared in connection with determining a species' listing status under
the Endangered Species Act. We published a notice outlining our reasons
for this determination in the Federal Register on October 25, 1983 (48
FR 49244).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
Tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes. We do not expect any Tribes to be
affected by this delisting because there are no Tribal lands in or near
the range of the Braken Bat Cave meshweaver. Additionally, we did not
receive any comments from any Tribes or Tribal members on the proposed
rule (86 FR 54145; September 30, 2021).
References Cited
A complete list of references cited in this rulemaking is available
on the internet at https://www.regulations.gov and upon request from
the Austin
[[Page 51928]]
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this rule are the staff members of the Fish
and Wildlife Service's Species Assessment Team and the Austin
Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 16 U.S.C. 4201-4245,
unless otherwise noted.
Sec. 17.11 [Amended]
0
2. In Sec. 17.11, at paragraph (h), amend the List of Endangered and
Threatened Wildlife by removing the entry for ``Meshweaver, Braken Bat
Cave'' under ARACHNIDS.
Sec. 17.95 [Amended]
0
3. In Sec. 17.95, amend paragraph (g) by removing the entry for
``Braken Bat Cave Meshweaver (Cicurina venii)''.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-18228 Filed 8-23-22; 8:45 am]
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