Rule2022-05526
Endangered and Threatened Wildlife and Plants; Technical Corrections for Four Midwest Mussel Species
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Published
March 17, 2022
Effective
June 15, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service, announce the revised taxonomy of four species of mussels under the Endangered Species Act of 1973, as amended (Act). We are revising the List of Endangered and Threatened Wildlife and related regulations under the Act to reflect the scientifically accepted taxonomy and nomenclature of these species.
Full Text
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<title>Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)</title>
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[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Rules and Regulations]
[Pages 15143-15146]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05526]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2022-0006; FXES11130300000-223-FF03E00000]
1018-BE37
Endangered and Threatened Wildlife and Plants; Technical
Corrections for Four Midwest Mussel 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 species of mussels under the Endangered Species Act of
1973, as amended (Act). We are revising the List of Endangered and
Threatened Wildlife and related regulations under the Act to reflect
the scientifically accepted taxonomy and nomenclature of these species.
DATES: This rule is effective June 15, 2022 without further action,
unless significant adverse comment is received by April 18, 2022. 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="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R3-ES-2022-0006,
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.''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R3-ES-2022-0006, 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: Laura Ragan, Midwest Regional Recovery
Coordinator, U.S. Fish and Wildlife Service, Midwest Regional Office,
5600 American Boulevard West, Suite 990, Bloomington, MN 55437;
telephone 612-713-5157; email <a href="/cdn-cgi/l/email-protection#a6eac7d3d4c7f9f4c7c1c7c8e6c0d1d588c1c9d0"><span class="__cf_email__" data-cfemail="f6ba97838497a9a497919798b6908185d8919980">[email protected]</span></a>. 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:
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 four freshwater mussel species listed under section 4
of the Act (16 U.S.C. 1531 et seq.). These changes reflect the most
recently accepted common and scientific names in accordance with 50 CFR
17.11(b) and (c). We are also updating the nomenclature for one of the
species at 50 CFR 17.85.
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
[[Page 15144]]
publish a proposed rule to initiate promulgation of those changes to 50
CFR 17.11(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="https://www.regulations.gov">https://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="https://www.regulations.gov">https://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="https://www.regulations.gov">https://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 four entries under
``Clams'' on the current List of Endangered and Threatened Wildlife
(``List''; 50 CFR 17.11(h)). This rule also makes slight modifications
to two common names, and those changes have the result of changing the
placement of these species on the List. The basis for these taxonomic
changes is supported by published studies in peer-reviewed journals.
Accordingly, we revise the common and scientific names of these species
under section 4 of the Act (16 U.S.C. 1531 et seq.) as follows:
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Species name as currently listed Corrected name for addition to the list
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Common name Scientific name Common name Scientific name
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Pearlymussel, Curtis................. Epioblasma florentina Pearlymussel, Curtis... Epioblasma curtisii.
curtisii.
Purple cat's paw (pearlymussel)...... Epioblasma obliquata Pearlymussel, purple Epioblasma obliquata.
obliquata. cat's paw.
Catspaw, white (pearlymussel)........ Epioblasma obliquata Pearlymussel, white Epioblasma perobliqua.
perobliqua. cat's paw.
Riffleshell, northern................ Epioblasma torulosa Riffleshell, northern.. Epioblasma rangiana.
rangiana.
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Taxonomic Classification
Epioblasma Curtisii
The scientific name change of Epioblasma curtisii (Curtis
pearlymussel) from Epioblasma florentina curtisii is supported by
phylogenetic analyses, its distinctive shell morphology, and distinct
geographical range. These findings support the elevation of curtisii
from subspecies to species (Williams et al. 2017, p. 48). To the extent
practicable, the Service relies on the Integrated Taxonomic Information
System (ITIS) to determine a species' scientific name. ITIS
incorporates the naming principles established by the International
Code of Zoological Nomenclature, produced by the International
Commission on Zoological Nomenclature, an organization that provides
and regulates a uniform system of zoological nomenclature. While ITIS
is a reliable database source of taxonomic information, in this
instance ITIS is incomplete. The junior synonym, Epioblasma florentina
curtisii, is considered to be invalid in ITIS. Upon review of ITIS's
underlying data, we consider the information that displays the
scientific name for Curtis pearlymussel to be incomplete as no valid
name is provided for the species. The Service finds that the Curtis
pearlymussel should be recognized as Epioblasma curtisii and is a valid
listable entity. This species will continue to be listed as endangered,
and no other aspect of the entry for this species in 50 CFR 17.11(h)
will change as a result of this rule.
Epioblasma Obliquata
The scientific name change of Epioblasma obliquata (purple cat's
paw pearlymussel) from Epioblasma obliquata obliquata is supported by
phylogenetic analyses, its distinctive shell morphology, and distinct
geographical range. These findings support the elevation of obliquata
from subspecies to species (Williams et al. 2017, p. 48). In ITIS,
Epioblasma obliquata is the accepted scientific name of purple cat's
paw pearlymussel. ITIS includes an additional common name for
Epioblasma obliquata, catspaw, which is recognized by species experts
as an alternate common name. This species will continue to be listed as
endangered, and no other aspect of the entry for this species in 50 CFR
17.11(h) will change as a result of this rule.
In addition to the listing of purple cat's paw pearlymussel in
Sec. 17.11(h), this species is also included in a rule that sets forth
provisions for a nonessential experimental population of 17 mollusks in
the Tennessee River at Sec. 17.85. Therefore, we are also revising 50
CFR 17.85(a) to change the species' name in those regulations.
Epioblasma Perobliqua
The scientific name change of Epioblasma perobliqua (white cat's
paw pearlymussel) from Epioblasma obliquata perobliqua is supported by
phylogenetic analyses, its distinctive shell morphology, and distinct
geographical range. These findings support the elevation of perobliqua
from subspecies to species (Williams et al. 2017, p. 48). While the
Service often relies on ITIS as a reliable database source of taxonomic
information, in this instance ITIS is incomplete. The junior synonym,
Epioblasma obliquata perobliqua, is considered to be invalid in ITIS.
Upon review of ITIS's underlying data, we consider the information that
displays the scientific name for white cat's paw pearlymussel to be
incomplete as no valid name is provided for the species. ITIS includes
an additional common name for white
[[Page 15145]]
cat's paw pearlymussel, white catspaw, which is recognized by species
experts as an alternate common name. The Service finds that the white
cat's paw pearlymussel should be recognized as Epioblasma perobliqua
and is a valid listable entity. This species will continue to be listed
as endangered, and no other aspect of the entry for this species in 50
CFR 17.11(h) will change as a result of this rule.
Epioblasma Rangiana
The scientific name change of Epioblasma rangiana (northern
riffleshell) from Epioblasma torulosa rangiana is supported by
phylogenetic analyses and the lack of intergradation between E. t.
torulosa and E. t. rangiana. These findings support the elevation of
rangiana from subspecies to species (Cummings and Berlocher 1990, p.
92; Williams et al. 2017, p. 48). Epioblasma rangiana is the accepted
scientific name of northern riffleshell in ITIS. This species will
continue to be listed as endangered, 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="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R3-ES-2022-0006 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; and 4201-4245,
unless otherwise noted.
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2. Amend Sec. 17.11, in paragraph (h), the List of Endangered and
Threatened Wildlife, under Clams, by:
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a. Removing both entries for ``Purple cat's paw (pearlymussel)'' and
the entry for ``Catspaw, white (pearlymussel)'';
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b. Revising the entry for ``Pearlymussel, Curtis'';
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c. Adding in alphabetic order two entries for ``Pearlymussel, purple
cat's paw'' and an entry for ``Pearlymussel, white cat's paw''; and
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d. Revising the entry for ``Riffleshell, northern''.
The revisions and additions 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
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* * * * * * *
Clams
* * * * * * *
Pearlymussel, Curtis............. Epioblasma curtisii Wherever found..... E 41 FR 24062, 6/14/
1976.
* * * * * * *
Pearlymussel, purple cat's paw... Epioblasma Wherever found, E 55 FR 28209, 7/10/
obliquata. except where 1990.
listed as an
experimental
population.
Pearlymussel, purple cat's paw... Epioblasma U.S.A. (AL-- XN 66 FR 32250, 6/14/
obliquata. specified portions 2001; 50 CFR
of the Tennessee 17.85(a).\10j\
River; see Sec.
17.85(a)(1)).
* * * * * * *
Pearlymussel, white cat's paw.... Epioblasma Wherever found..... E 41 FR 24062, 6/14/
perobliqua. 1976.
* * * * * * *
Riffleshell, northern............ Epioblasma rangiana Wherever found..... E 58 FR 5638, 1/22/
1993.
* * * * * * *
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0
3. In Sec. 17.85, in paragraph (a) introductory text, amend the table
by removing the entry for ``catspaw (purple cat's paw pearlymussel)''
and adding in its place an entry for ``purple cat's paw pearlymussel''
to read as follows:
Sec. 17.85 Special rules--invertebrates.
(a) * * *
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Common name Scientific name
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* * * * * * *
purple cat's paw pearlymussel.......... Epioblasma obliquata.
* * * * * * *
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[[Page 15146]]
* * * * *
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-05526 Filed 3-16-22; 8:45 am]
BILLING CODE 4333-15-P
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