[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Proposed Rules]
[Pages 54145-54148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20911]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2021-0054; FF09E22000 FXES11130900000 212]
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: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
remove the Braken Bat Cave meshweaver (Cicurina venii), an arachnid,
from the Federal List of Endangered and Threatened Wildlife (i.e.,
``delist'' the species) under the Endangered Species Act of 1973, as
amended (Act), because of a taxonomic revision. The proposed delisting
is based on our evaluation of the best available scientific and
commercial information, which indicates that Braken Bat Cave meshweaver
is not a discrete taxonomic entity and does not meet the definition of
a species as defined by the Act. Cicurina venii has been synonymized
with Cicurina madla, the Madla Cave meshweaver. Therefore, due to a
taxonomic revision, C. venii is no longer a scientifically accepted
species and cannot be listed under the Act. However, because the Braken
Bat Cave meshweaver has been synonymized under the Madla Cave
meshweaver, its status, and thus its protections under the Act, would
remain the same because the Madla Cave meshweaver is listed as
endangered under the Act.
DATES: We will accept comments received or postmarked on or before
November 29, 2021. 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
public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by November 15, 2021.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov. In the Search box, enter FWS-R2-ES-
2021-0054, 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-R2-ES-2021-0054, 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 https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Document availability: This proposed rule and supporting documents
including the 5-year review and the Recovery Plan are available at
https://www.fws.gov/southwest/es/AustinTexas/, at https://www.regulations.gov under Docket No. FWS-R2-ES-2021-0054, and at the
Austin Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, U.S.
Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX
78758; telephone 512-490-0057. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
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 concerned governmental agencies,
Native American Tribes, the scientific community, industry, or any
other interested parties concerning this proposed rule.
We particularly seek comments concerning:
(1) Reasons we should or should not remove the Braken Bat Cave
meshweaver from the List of Endangered and Threatened Wildlife.
(2) New information on the historical and current status, range,
distribution, and population size of the Braken Bat Cave meshweaver.
(3) Additional taxonomic or other relevant data concerning the
Braken Bat Cave meshweaver.
Please include sufficient information with your submission (such as
scientific
[[Page 54146]]
journal articles or other publications) to allow us to verify any
scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as 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.''
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 https://www.regulations.gov, 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 guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov.
Because we will consider all comments and information we receive
during the comment period, our final determination may differ from this
proposal. Based on the new information we receive (and any comments on
that new information), we may conclude that the Braken Bat Cave
meshweaver (Cicurina venii) should remain listed as endangered, if the
best available information regarding its validity as a taxon changes
before our final determination.
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. For the immediate future, we will provide these public
hearings using webinars that will be announced on the Service's
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).
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 will seek the expert
opinion of at least three appropriate and independent specialists
regarding scientific data and interpretations contained in this
proposed rule. We will send copies of this proposed rule to the peer
reviewers immediately following publication in the Federal Register. We
will ensure that the opinions of peer reviewers are objective and
unbiased by following the guidelines set forth in the Director's Memo,
which updates and clarifies Service policy on peer review (U.S. Fish
and Wildlife Service 2016). The purpose of such review is to ensure
that our decisions are based on scientifically sound data, assumptions,
and analysis. Accordingly, our final decision may differ from this
proposal.
Previous Federal Actions
On December 26, 2000, we published a final rule listing the nine
Bexar County karst invertebrates, including Braken Bat Cave meshweaver,
as endangered species (65 FR 81419). On April 8, 2003, we designated
1,063 acres (431 hectares) in 22 units as critical habitat for the nine
karst invertebrates (68 FR 17156). Of this, one unit (Unit 15) on 217
acres (88 hectares) in western Bexar County, Texas was designated as
critical habitat for the Braken Bat Cave meshweaver. Following
litigation (CBD v. FWS, case number 1:09-cv-00031-LY), we entered into
a settlement agreement to revise the critical habitat designation. On
February 14, 2012, we finalized a critical habitat determination (77 FR
8450), designating in one unit (Unit 15) on 217 acres (88 hectares) in
western Bexar County, Texas as critical habitat for the Braken Bat Cave
meshweaver.
We completed a recovery plan for the Bexar County karst
invertebrates, including the Braken Bat Cave meshweaver, on September
12, 2011 (Service 2011a). Our most recent 5-year review for the Madla
Cave meshweaver (Service 2019) discusses the synonymization of the
Braken Bat Cave meshweaver with the Madla Cave meshweaver.
Background
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 species 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 this species 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, entire).
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 species; 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 species and its habitat include destruction and/or
deterioration of habitat by construction; filling of caves and karst
features; increase of impermeable cover; contamination from
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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 2004a, 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.
Delisting Proposal
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)). We
may delist a species according to 50 CFR 424.11(e) if the best
available scientific and commercial data indicate that the species is
neither endangered nor threatened for one or more of the following
reasons: (1) The species is extinct; (2) the species does not meet the
definition of an endangered species or a threatened species; or (3) the
listed entity does not meet the statutory definition of a species. For
the Braken Bat Cave meshweaver, we conclude that the existing
scientific information demonstrates that Braken Bat Cave meshweaver is
not a discrete taxonomic entity and, therefore, does not meet the Act's
definition of ``species'' (16 U.S.C. 1532(16)). Therefore, we propose
to delist the Braken Bat Cave meshweaver. The Braken Bat Cave
meshweaver does not require a post-delisting monitoring (PDM) plan
because the monitoring plan does not apply to delisting species due to
taxonomic change.
Effects of This Proposed Rule
This proposal, if made final, would revise 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, would remain the
same because the Madla Cave meshweaver is listed as endangered under
the Act. This additional locality was included in the Madla Cave
meshweaver 5-year review and did not change the status of the 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. Because Braken
Bat Cave meshweaver had designated critical habitat, this rule would
also amend 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, 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, if we adopt this action as proposed, Unit 15 would retain
the protections of the Act as designated critical habitat for R.
infernalis.
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
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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 would be
affected by this proposed delisting because there are no Tribal lands
in the range of the species.
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 Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this proposed 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, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to 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; and 4201-4245,
unless otherwise noted.
Sec. 17.11 [Amended]
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2. Amend Sec. 17.11(h) by removing the entry for ``Meshweaver, Braken
Bat Cave'' under ARACHNIDS from the List of Endangered and Threatened
Wildlife.
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,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-20911 Filed 9-29-21; 8:45 am]
BILLING CODE 4333-15-P