[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24712-24713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08503]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2022-0062; FXES11130900000C6-234-FF09E42000]
RIN 1018-BG77
Endangered and Threatened Wildlife and Plants; Technical
Corrections for 62 Wildlife and Plant Species on the Lists of
Endangered and Threatened Wildlife and Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Partial withdrawal of direct final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
withdrawing, in part, a February 2, 2023, direct final rule that
revises the taxonomy of 62 wildlife and plant species listed under the
Endangered Species Act of 1973, as amended (Act). For the Hawaiian
hoary bat (Lasiurus cinereus semotus), we received comments relating to
scientific research relevant to its taxonomic classification; and as a
result, we are withdrawing the amendment in the direct final rule for
this species only. The amendments in the direct final rule for the
other 61 wildlife and plant species will be effective on May 3, 2023.
DATES: Effective April 24, 2023, the Service withdraws amendatory
instruction 2.a published at 88 FR 7142 on February 2, 2023.
ADDRESSES: The direct final rule may be found online at https://www.regulations.gov under Docket No. FWS-R1-ES-2022-0062.
FOR FURTHER INFORMATION CONTACT: Marilet Zablan, Program Manager for
Restoration and Endangered Species Classification, U.S. Fish and
Wildlife Service, Pacific Regional Office, Ecological Services, 911 NE
11th Avenue, Portland, OR 97232; telephone 503-231-6131. 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:
Background
Our regulations under the Endangered Species Act of 1973, as
amended (Act; 16 U.S.C. 1531 et seq.), in title 50 of the Code of
Federal Regulations at 50 CFR 17.11(c) and 17.12(b) direct us to use
the most recently accepted scientific names for species on the Lists of
Endangered and Threatened Wildlife and Plants (50 CFR 17.11(h) and
17.12(h)). Accordingly, on February 2, 2023, we published in the
Federal Register a direct final rule (88 FR 7134) to revise the
taxonomy and nomenclature of 62 wildlife and plant species listed under
section 4 of the Act (16 U.S.C. 1531 et seq.). All of these changes are
supported by peer-reviewed scientific studies and reflect taxonomy that
has been accepted by taxonomic authorities. Specific references
relevant to each species are cited in the text of the February 2, 2023,
direct final rule, and the list of references is posted as a supporting
document at https://www.regulations.gov under Docket No. FWS-R1-ES-
2022-0062.
Consequently, we published the direct final rule without a prior
proposal
[[Page 24713]]
because we considered it a noncontroversial action that was in the best
interest of the public and should be undertaken in as timely a manner
as possible. We stated that if we received comments that provide strong
justifications as to why the rule should not be adopted or why it
should be changed for any of these species, we would publish a document
in the Federal Register withdrawing this rule for the appropriate
species before the effective date.
Comments on the Direct Final Rule
We received eight comments on the direct final rule. Three of these
comments called our attention to continuing scientific disagreement
over the taxonomic classification of the Hawaiian hoary bat. These
comments concurred with the decision in the direct final rule to
elevate the Hawaiian hoary bat from subspecies to species level, and
none of the comments disagreed with amending the common name to include
the Hawaiian name ([revaps][omacr]pe[revaps]ape[revaps]a). However,
they noted that moving the Hawaiian hoary bat from the genus Lasiurus
to Aeorestes has not been generally accepted.
As noted in the direct final rule, Aeorestes was accepted by the
Integrated Taxonomic Information System (ITIS 2022, unpaginated) and
the American Society of Mammalogists (2022, unpaginated). Yet,
commenters noted that Lasiurus continues to be widely used in the
scientific literature and was retained by multiple authorities
including the American Museum of Natural History (Bats of the World: A
Taxonomic and Geographic Database), the Handbook of the Mammals of the
World, and the International Union for Conservation of Nature (IUCN)
Red List. One commenter attached a detailed review of this taxonomic
issue that was recently prepared by the Global Bat Taxonomy Working
Group of the IUCN Species Survival Commission Bat Specialist Group,
recommending that Lasiurus be retained as the genus name for hoary
bats, with Aeorestes as a subgenus.
We concur that these comments are significant and that the
taxonomic status of Hawaiian hoary bat merits further consideration
pending a more clear scientific consensus on this issue. Therefore, we
are withdrawing that portion of the direct final rule concerning the
listed entity Hawaiian hoary bat (Lasiurus cinereus semotus). In the
future, we may propose changes in the taxonomy of Hawaiian hoary bat
with opportunity for further public comment.
Other topics discussed in the comments were not specific to the
taxonomic issues raised in the direct final rule. Three commenters
expressed approval for inclusion of local common names in addition to
English names. Two commenters requested that we also coordinate with
the National Oceanic and Atmospheric Administration to amend the common
names of two listed sea turtles (green sea turtle (Chelonia mydas) and
hawksbill sea turtle (Eretmochelys imbricata)), so as to include
Hawaiian, Chamorro, Carolinian, and Samoan names; sea turtles were not
addressed in the direct final rule, but we will consider incorporating
this change in a future action. We did not receive significant adverse
comments concerning the taxonomy of the other 61 wildlife and plant
species addressed in the direct final rule.
Partial Withdrawal of the Direct Final Rule
For the reasons stated above, we withdraw amendatory instruction
2.a of the direct final rule published on February 2, 2023, at 81 FR
7134-7177.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-08503 Filed 4-21-23; 8:45 am]
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