Rule2021-22518
Endangered and Threatened Wildlife and Plants; Technical Corrections for Northeast Species
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 15, 2021
Effective
January 13, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service, announce the revised taxonomy of four wildlife species and two plant species under the Endangered Species Act of 1973, as amended (Act). We are revising the List of Endangered and Threatened Wildlife and the List of Endangered and Threatened Plants to reflect the scientifically accepted taxonomy and nomenclature of these species.
Full Text
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<title>Federal Register, Volume 86 Issue 197 (Friday, October 15, 2021)</title>
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[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Rules and Regulations]
[Pages 57373-57376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22518]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R5-ES-2020-0127; FXES11130500000-212-FF05E00000]
1018-BD73
Endangered and Threatened Wildlife and Plants; Technical
Corrections for Northeast Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Direct final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the revised
taxonomy of four wildlife species and two plant species under the
Endangered Species Act of 1973, as amended (Act). We are revising the
List of Endangered and Threatened Wildlife and the List of Endangered
and Threatened Plants to reflect the scientifically accepted taxonomy
and nomenclature of these species.
DATES: This rule is effective January 13, 2022 without further action,
unless significant adverse comment is received by November 15, 2021. If
significant adverse comment is received, we will publish a timely
withdrawal of the rule for the appropriate species in the Federal
Register.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. In the Search box, enter FWS-R5-ES-2020-0127,
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, click on the
Proposed Rule box to locate this document. You may submit a comment by
clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R5-ES-2020-0127, U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
See Public Comments under SUPPLEMENTARY INFORMATION, below, for
more information about submitting comments.
FOR FURTHER INFORMATION CONTACT: Martin Miller, Manager, Division of
Endangered Species, U.S. Fish and Wildlife Service, North Atlantic-
Appalachian Regional Office, 300 Westgate Center Drive, Hadley, MA
01035; telephone 413-253-8615; email <a href="/cdn-cgi/l/email-protection#0f426e7d7b666150426663636a7d4f69787c21686079"><span class="__cf_email__" data-cfemail="e7aa8695938e89b8aa8e8b8b8295a7819094c9808891">[email protected]</span></a>. Individuals
who are hearing impaired or speech impaired may call the Federal Relay
Service at 800-877-8339 for TTY (telephone typewriter or
teletypewriter) assistance 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
Purpose of Direct Final Rule and Final Action
The purpose of this direct final rule is to notify the public that
we are revising: (1) The List of Endangered and Threatened Wildlife in
title 50 of the Code of Federal Regulations (CFR) at Sec. 17.11(h) (50
CFR 17.11(h)) to reflect the scientifically accepted taxonomy and
nomenclature of one freshwater turtle species, two beetle species, and
one snail species listed under section 4 of the Act (16 U.S.C. 1531 et
seq.); and (2) the List of Endangered and Threatened Plants in title 50
of the CFR at Sec. 17.12(h) (50 CFR 17.12(h)) to reflect the
scientifically accepted taxonomy and nomenclature of two plant species.
These changes reflect the most recently accepted scientific names in
accordance with 50 CFR 17.11(c) and 50 CFR 17.12(b).
We are publishing this rule without a prior proposal because this
is a noncontroversial action that is in the best interest of the public
and should be undertaken in as timely a manner as possible. This rule
will be effective, as published in this document, on the effective date
specified in DATES, unless we receive significant adverse comments by
the comment due date specified in DATES. Significant adverse comments
are comments that provide strong justification as to why our rule
should not be adopted or why it should be changed.
If we receive significant adverse comments regarding the taxonomic
changes for any of these species, we will publish a document in the
Federal Register withdrawing this rule for the appropriate species
before the effective date, and, if appropriate, we will publish a
proposed rule to initiate promulgation of those changes to 50 CFR
17.11(h) and/or 50 CFR 17.12(h).
Public Comments
You may submit your comments and materials regarding this direct
final rule by one of the methods listed in ADDRESSES. Please include
sufficient information with your comment that allows us to verify any
scientific or commercial information you include.
We will post all comments on <a href="http://www.regulations.gov">http://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us. Before including your address, phone number, email address, or
other personal information in your comment, you should be aware that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in
your comment to withhold your personal identifying information from
public review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this direct final rule, will be
available for public inspection on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or by appointment, during normal business hours at
the U.S. Fish and Wildlife Service location listed above in FOR FURTHER
INFORMATION CONTACT. Please note that comments posted to <a href="http://www.regulations.gov">http://www.regulations.gov</a> are not immediately viewable. When you submit a
comment, the system receives it immediately. However, the comment will
not be publicly viewable until we post it, which might not occur until
several days after submission. Information regarding this rule is
available in alternative formats upon request (see FOR FURTHER
INFORMATION CONTACT).
Background
Sections 17.11(c) and 17.12(b) of title 50 of the CFR direct us to
use the most recently accepted scientific name of any species that we
have determined to be an endangered or threatened species. Using the
best available scientific information, this direct final rule documents
taxonomic changes of the scientific names to one entry under
``Reptiles,'' one entry under ``Snails,'' and two entries under
``Insects'' on the List of Endangered and Threatened Wildlife (50 CFR
17.11(h)), and two entries under ``Flowering Plants'' on the List of
Endangered and Threatened Plants (50 CFR 17.12(h)). The basis for these
taxonomic changes is supported by published studies in peer-reviewed
journals. Accordingly, we revise the scientific names of these species
under section 4 of the Act (16 U.S.C. 1531 et seq.).
[[Page 57374]]
Taxonomic Classification
Astragalus robbinsii var. jesupii
Jesup's milk-vetch was federally listed as an endangered species
under the variant spelling Astragalus robbinsii var. jesupi, and the
first recovery plan recognized the taxon as Astragalus robbinsii var.
jesupi. However, the current nomenclature for the species is Astragalus
robbinsii var. jesupii. The scientific name change of Astragalus
robbinsii var. jesupii (Jesup's milk-vetch) from Astragalus robbinsii
var. jesupi is supported by the standards outlined in the International
Code of Botanical Nomenclature and accepted as the scientific name for
Jesup's milk-vetch in the Integrated Taxonomic Information System
(ITIS), which the Service will rely on to the extent practicable to
determine a species' scientific name. The Service finds that the
Jesup's milk-vetch should be recognized as Astragalus robbinsii var.
jesupii and is a valid listable entity. This plant will continue to be
listed as an endangered species, and no other aspect of the entry for
this plant in 50 CFR 17.12(h) will change as a result of this rule.
Boechera serotina
The scientific name change of Boechera serotina (shale barren rock
cress) from Arabis serotina is supported by morphological, molecular,
and cytological analyses. While Al-Shehbaz (2003, p. 381) found that 32
of the North American species of Arabis (Brassicaceae) should be
recognized as members of the genus Boechera, based on morphological
differences between the two genera, Arabis serotina was not transferred
to Boechera by Al-Shehbaz (2003, entire) at that time, pending further
study. Extensive molecular studies on members of the North American
Arabis indicate the genus is polyphyletic and represents a
heterogeneous assemblage of four genera: Arabidopsis, Boechera,
Pennellia, and Turritis (Al-Shehbaz 2003, pp. 381-382). Most of the
North American species represent a distinct lineage (Boechera) closely
related to the halomilobine mustards (Mitchell-Olds et al. 2005, p.
122). A published diploid chromosome count of 2n = 14 (Wieboldt 1987,
p. 388) and recent molecular investigations have determined that this
taxon belongs to a clade of eastern North American species now assigned
to Boechera (Windham and Al-Shehbaz 2007, p. 249). Boechera serotina is
the accepted scientific name of shale barren rock cress in the ITIS,
which incorporates the naming principles established by the
International Code of Nomenclature for algae, fungi, and plants. The
Service finds that shale barren rock cress should be recognized as
Boechera serotina and is a valid listable entity. This species will
continue to be listed as an endangered species, and no other aspect of
the entry for this plant in 50 CFR 17.12(h) will change as a result of
this rule.
Ellipsoptera puritana
The scientific name change of Ellipsoptera puritana (Puritan tiger
beetle) from Cicindela puritana is supported by molecular analyses. The
Nearctic genus Ellipsoptera Dokhtouroff (13 species) was found to be
monophyletic and grouped as a sister to the Nearctic genus Dromochorus
Guerin-Meneville (4 species) and North American genus Cylindera (5
species), with the Caribbean/Neotropical genus Brasiella Rivalier (45
species) nested within the diverse and polyphyletic genus Cylindera
(Gough et al. 2018, p. 316). The clade containing these four lineages
was strongly supported, consists exclusively of New World taxa, and was
sister to a predominately Old World clade of Cylindera species (Gough
et al. 2018, p. 316). The Ellipsoptera puritana name change and
placement is supported in Bousquet's (2012, p. 296) catalogue of
Geadephaga (Coleoptera, Adephaga) of America, north of Mexico.
Ellipsoptera puritana is the accepted scientific name of Puritan tiger
beetle in the ITIS, which incorporates the naming principles
established by the International Code of Zoological Nomenclature. The
Service finds that the Puritan tiger beetle should be recognized as
Ellipsoptera puritana and is a valid listable entity. This species will
continue to be listed as threatened, and no other aspect of the entry
for this species in 50 CFR 17.11(h) will change as a result of this
rule.
Glyptemys muhlenbergii
The scientific name change of Glyptemys muhlenbergii (bog turtle)
from Clemmys muhlenbergii is supported by molecular analyses. Research
of Glyptemys muhlenbergii has found sufficient evidence indicating the
genus Clemmys (McDowell 1964, pp. 239-279) to be paraphyletic with
respect to the sister genera Emys and Emydoidea, and also possibly
Terrapene (Holman and Fritz 2001, entire; Wiens et al. 2010, pp. 445-
461; and Fritz et al. 2011, pp. 41- 53). Two taxonomic schemes,
reflecting the latter genera relationships, are currently in
contention; however, the two schemes place both sister taxa insculpta
and muhlenbergii in the genus Glyptemys and leave guttata in the
monotypic genus Clemmys. This name change has been recognized by
Crother et al. (2003, p. 203). Glyptemys muhlenbergii is the accepted
scientific name of bog turtle in the ITIS, which incorporates the
naming principles established by the International Code of Zoological
Nomenclature. No subspecies are recognized for Glyptemys muhlenbergii,
although two geographically distinct ``populations'' (``northern'' and
``southern'') delineate the Federal listing status of ``threatened''
(northern, listed as a distinct population segment) and ``threatened by
similarity of appearance'' (southern) under the Act. The Service finds
that bog turtle should be recognized as Glyptemys muhlenbergii and is a
valid listable entity. This species will continue to be listed as
threatened, and no other aspect of the entry for this species in 50 CFR
17.11(h) will change as a result of this rule.
Habroscelimorpha dorsalis dorsalis
The scientific name change of Habroscelimorpha dorsalis dorsalis
(Northeastern beach tiger beetle) from Cicindela dorsalis dorsalis is
supported by molecular analyses. The New World genus Habroscelimorpha
Dokhtouroff was found to be paraphyletic with species placed in two
different clades (Gough et al. 2018, p. 316). The Central American and
Nearctic species Habroscelimorpha curvata Chevrolat, Habroscelimorpha
dorsalis Say, and Habroscelimorpha schwarzi Horn are part of a
moderately supported clade that includes the paraphyletic Central
American genus Microthylax Rivalier (3 species) and the monophyletic
widespread genus Myriochila Motschulsky (46 species). This name change
has been recognized by Knisley (2017, entire). The name change and
placement is further supported in Bousquet's (2012, p. 304) catalogue
of Geadephaga (Coleoptera, Adephaga) of America, north of Mexico.
Habroscelimorpha dorsalis is the accepted scientific name of Eastern
beach tiger beetle in the ITIS, which incorporates the naming
principles established by the International Code of Zoological
Nomenclature. While the Service often relies on ITIS as a reliable
database source of taxonomic information, in this instance ITIS is
incomplete. ITIS provides only the common name for the species
Habroscelimorpha dorsalis and does not provide the common name for the
listed subspecies. The common name Eastern beach tiger beetle is used
to refer to all four subspecies within Habroscelimorpha. The common
name Northeastern beach tiger beetle is
[[Page 57375]]
commonly used and accepted in the scientific literature to refer to the
subspecies Habroscelimorpha dorsalis dorsalis (Knisley 2017).
Therefore, upon review of ITIS's underlying data, we consider the
information that displays the common name for Habroscelimorpha dorsalis
dorsalis as eastern tiger beetles to be incomplete. The Service finds
that the Northeastern beach tiger beetle should be recognized as
Habroscelimorpha dorsalis dorsalis and is a valid listable entity. This
subspecies will continue to be listed as threatened, and no other
aspect of the entry for this species in 50 CFR 17.11(h) will change as
a result of this rule.
Novisuccinea chittenangoensis
The scientific name change of Novisuccinea chittenangoensis
(Chittenango ovate amber snail) from Succinea chittenangoensis is
supported by morphological characters and molecular analyses.
Sufficient evidence is provided by Hoagland and Davis (1987, pp. 465-
526) that the Chittenango ovate amber snail is a valid species and
elevates the section Novisuccinea to the genus level. While the Service
often relies on ITIS as a reliable database source of taxonomic
information, in this instance ITIS is incorrect. The scientific
literature has been using Novisuccinea chittenangoensis (Chittenango
ovate amber snail) for many years. ITIS includes an additional common
name of Appalachian amber snail, which is not recognized by species
experts. Therefore, upon review of ITIS's underlying data, we consider
the information that displays Chittenango ovate amber snail as
belonging to the genus Succinea to be incorrect. The Service finds that
the Chittenango ovate amber snail should be recognized as Novisuccinea
chittenangoensis and is a valid listable entity. This species will
continue to be listed as threatened, and no other aspect of the entry
for this species in 50 CFR 17.11(h) will change as a result of this
rule.
References Cited
A complete list of the referenced materials is available at <a href="http://www.regulations.gov">http://www.regulations.gov</a> at Docket No. FWS-R5-ES-2020-0127 or upon request
from the U.S. Fish and Wildlife Service (see FOR FURTHER INFORMATION
CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
For the reasons given in the preamble, 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; 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.11, in paragraph (h), in the List of Endangered and
Threatened Wildlife, by revising:
0
a. Under REPTILES, the entries for ``Turtle, bog (=Muhlenberg) [Northen
DPS]'' and ``Turtle, bog (=Muhlenberg)'';
0
b. Under SNAILS, the entry for ``Snail, Chittenango ovate amber''; and
0
c. Under INSECTS, the entries for ``Beetle, Northeastern beach tiger''
and ``Beetle, Puritan tiger''.
The revisions read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Listing citations
Common name Scientific name Where listed Status and applicable
rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reptiles
* * * * * * *
Turtle, bog (=Muhlenberg) Glyptemys Wherever found, T 62 FR 59605, 11/4/
[Northern DPS]. muhlenbergii. except GA, NC, SC, 1997.
TN, VA.
Turtle, bog (=Muhlenberg)....... Glyptemys U.S.A. (GA, NC, SC, T (S/A) 62 FR 59605, 11/4/
muhlenbergii. TN, VA). 1997;
50 CFR
17.42(f).\4d\
* * * * * * *
Snails
* * * * * * *
Snail, Chittenango ovate amber.. Novisuccinea Wherever found..... T 43 FR 28932, 7/3/
chittenangoensis. 1978.
* * * * * * *
Insects
* * * * * * *
Beetle, Northeastern beach tiger Habroscelimorpha Wherever found..... T 55 FR 32088, 8/7/
dorsalis dorsalis. 1990.
* * * * * * *
Beetle, Puritan tiger........... Ellipsoptera Wherever found..... T 55 FR 32088, 8/7/
puritana. 1990.
* * * * * * *
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0
3. Amend Sec. 17.12, in paragraph (h), in the List of Endangered and
Threatened Plants, under FLOWERING PLANTS, by:
0
a. Removing the entry for ``Arabis serotina'';
0
b. Revising the entry for ``Astragalus robbinsii var. jesupi''; and
0
c. Adding in alphabetical order an entry for ``Boechera serotina''.
The revision and addition read as follows:
[[Page 57376]]
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Listing citations
Scientific name Common name Where listed Status and applicable
rules
----------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Astragalus robbinsii............. Jesup's milk-vetch. Wherever found..... E 52 FR 21481, 6/5/
var. jesupii..................... 1987.
* * * * * * *
Boechera serotina................ Shale barren rock Wherever found..... E 54 FR 29655, 7/13/
cress. 1989.
* * * * * * *
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Sec. 17.42 [Amended]
0
4. Amend Sec. 17.42 in paragraph (f) introductory text by removing
the words ``(Clemmys muhlenbergii)'' and adding in their place the
words ``(Glyptemys muhlenbergii)''.
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-22518 Filed 10-14-21; 8:45 am]
BILLING CODE 4333-15-P
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