Rule2022-18223
Endangered and Threatened Wildlife and Plants; Removing Adiantum vivesii From the Federal List of Endangered and Threatened Plants
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
August 24, 2022
Effective
September 23, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), are removing the plant Adiantum vivesii (no common name) from the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial data indicating that Adiantum vivesii is not a distinct species, but rather a sterile hybrid that does not have the capacity to establish a lineage that could be lost to extinction. Here, we have determined that Adiantum vivesii is not a discrete taxonomic entity and does not meet the definition of a species as defined under the Act, and that its original listing was based on data or interpretations of data that were in error; therefore, we are delisting it.
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<title>Federal Register, Volume 87 Issue 163 (Wednesday, August 24, 2022)</title>
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[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Pages 51928-51932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18223]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2020-0125; FF09E22000 FXES1113090FEDR 223]
RIN 1018-BE41
Endangered and Threatened Wildlife and Plants; Removing Adiantum
vivesii From the Federal List of Endangered and Threatened Plants
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 plant Adiantum vivesii (no common name) from the Federal List of
Endangered and Threatened Plants (List). This determination is based on
a thorough review of the best available scientific and commercial data
indicating that Adiantum vivesii is not a distinct species, but rather
a sterile hybrid that does not have the capacity to establish a lineage
that could be lost to extinction. Here, we have determined that
Adiantum vivesii is not a discrete taxonomic entity and does not meet
the definition of a species as defined under the Act, and that its
original listing was based on data or interpretations of data that were
in error; therefore, we are delisting it.
DATES: This rule is effective September 23, 2022.
ADDRESSES: This final rule, supporting documents, and the public
comments received on the proposed rule are available on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R4-ES-2020-0125.
FOR FURTHER INFORMATION CONTACT: Edwin Mu[ntilde]iz, Field Supervisor,
Caribbean Ecological Services Field Office, P.O. Box 491,
Boquer[oacute]n, PR 00622; <a href="/cdn-cgi/l/email-protection#236042514a414146424d7c4650634554500d444c55"><span class="__cf_email__" data-cfemail="ca89abb8a3a8a8afaba495afb98aacbdb9e4ada5bc">[email protected]</span></a>; telephone 787-405-
3641. 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 June 9, 1993, we listed Adiantum vivesii as an endangered
species (58 FR 32308), due primarily to its limited distribution and
low numbers of individuals.
We completed two 5-year reviews for Adiantum vivesii, the first on
June 10, 2008 (see the announcement initiating the review at 70 FR
53807, September 12, 2005), and the second on September 25, 2018 (see
the announcement initiating the review at 82 FR 29916, June 30, 2017).
Both 5-year reviews recommended delisting due to the entity not meeting
the Act's definition of a species; they found that the original data
used at the time the entity was classified was in error. Peer reviewer
comments received on the 5-year status review (2008) were part of our
thorough review of the best available scientific and commercial data
used to make our determination.
On July 30, 2021, we proposed to delist Adiantum vivesii because it
is not a listable entity under the Act; our proposal further explained
that the original data used at the time the species was classified were
in error (86 FR 40996). In that document, we requested information and
comments from the public and peer reviewers on our proposal to delist
Adiantum vivesii.
Summary of Changes From the Proposed Rule
There are no changes in this final rule from our proposed rule (86
FR 40996; July 30, 2021) based on the comments we received and that are
summarized below under Summary of Comments and Recommendations.
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.
The following discussion contains information that was presented in
the proposed rule to delist Adiantum vivesii (86 FR 40996; July 30,
2021). A thorough discussion of the species' description, habitat, and
life history is also found in that proposed rule.
Entity Description
Adiantum vivesii was found growing in colonies (clusters) where the
rhizome (rootstock or underground stem) spreads horizontally. The
fronds (leaves) are distichous (arranged in one plane) and erect-
spreading with broad and irregular lance-oblong blades. The blades have
[[Page 51929]]
two or three alternate or occasionally subopposite pinnae (segment of
leaf), with a larger terminal pinna. The terminal pinnae are stalked
often somewhat inequilateral with approximately 10 to 13 pairs of
alternate, narrowly oblong-falcate pinnules (smaller segments of a
leaf), shaped unequally cuneate at the base. The irregularly branched
stalks are lustrous purple-black with hairlike scales. The rachis (axis
of a fern leaf) and costae (central vein of a leaf) are more densely
covered with hairlike scales than the stipe. The outer sterile margins
of the pinna are irregularly serrulate (serrated teeth), and the tissue
is dull green on both sides. Five elliptic to linear sori (sacks of
spores) are borne along the basal half of the acroscopic (facing the
apex) margin. The sori are also close or contiguous, but remain
distinct, and the indusium flap (tissue covering the sori) is gray-
brown and turgid, with an erose (irregular) margin (Proctor 1989, p.
140; USFWS 1995, pp. 1-2).
Distribution and Habitat
Adiantum vivesii was found in the limestone or karst region of
northwestern Puerto Rico. This region is underlain by limestone rocks
of the Oligocene or Miocene age. Topography varies throughout the karst
region, from extremely rugged to gentle rolling hills. Canyons,
sinkholes, and subterranean rivers, as well as these rolling hills, are
the most common features of the region. Soils in the limestone hills
are shallow, well-drained, alkaline, and interspersed between limestone
outcrops (Lugo et al. 2001, pp. 13-26; USFWS 1995, pp. 6-7). Adiantum
vivesii occurs within the semi-evergreen seasonal forests of the
subtropical moist forest life zone (Ewel and Whitmore 1973, p. 20).
This life zone, which covers 58 percent of the total area of Puerto
Rico and the U.S. Virgin Islands, is delineated by a mean annual
rainfall of between 1,000 to 1,100 millimeters (mm) (40 to 44 inches
(in)) and about 2,000 to 2,200 mm (80 to 88 in) and a mean temperature
between about 18 and 24 degrees Centigrade (64.4 and 75.2 degrees
Fahrenheit) (Ewel and Whitmore 1973, p. 20). Adiantum vivesii occurs in
a deeply shaded hollow at the base of a privately owned limestone hill
in the municipality of Quebradillas (USFWS 1995, p. 7).
When the species was listed in 1993, it was known from only one
population, which was estimated at 1,000 plants or growing apices by
Proctor (1991, p. 5). The population was later documented in 2000 at
the same location occurring in an area of 21 meters (m) by 10 m (68.9
feet (ft) by 32.8 ft) by Sep[uacute]lveda-Orengo (2000, p. 21). In the
vicinity of this area, eight other species of the genus Adiantum were
found (A. cristatum, A. fragile, A. latifolium, A. melanoleucum, A.
pulverulentum, A. tenerum, A. tetraphyllum, and A. wilsonii). The fern
Adiantum tetraphyllum was growing intermixed within the area occupied
by Adiantum vivesii (Sep[uacute]lveda-Orengo 2000, p. 22). Surveys
conducted in 2017 at the type locality (the location where the specimen
was first identified) were unable to identify material that
morphologically matched the original type specimen (despite
similarities), nor any clonal stand of Adiantum vivesii material as it
had been described there in 1991 and 2000 (Possley et al. 2020, p. 6).
These results suggest that Adiantum vivesii is extirpated from the only
known location.
Taxonomy
Adiantum vivesii was believed to be a fern of the family
Pteridaceae. It was described by Dr. George R. Proctor in 1985, from
specimens collected by Miguel Vives and William Estremera at San
Antonio Ward in the municipality of Quebradillas (Proctor 1989, p.
140). Non-genetic research on Adiantum vivesii after it was described
as a species suggested this fern is a single sterile hybrid plant,
rather than a population of individuals of a species (Sep[uacute]lveda-
Orengo 2000, entire). Excavations at different points throughout the
entire ``population'' of Adiantum vivesii found rhizome, or underground
stem, connections between most of the apparent individual ferns
(Sep[uacute]lveda-Orengo 2000, p. 21). Plantings of two 10-centimeter
(4-inch) rhizome segments (planted in pots using the same soil from the
colony location) of Adiantum vivesii grew into healthy plants within
about 3 months (Sep[uacute]lveda-Orengo 2000, p. 21). Production of
sporangia (structures from which the reproductive gametophytes arise)
was observed throughout the year, but actual gametophytes (structures
containing sperm and eggs, or gametes) were not observed. The lack of
gamete production but growth of fronds from rhizome segments suggests
that the Adiantum vivesii ``population'' consists of only one
individual with rhizome proliferations (below-ground stems).
A morphometric analysis of Adiantum vivesii and the co-occurring
species, Adiantum tetraphyllum, was conducted on 21 vegetative
characters and one spore character (Sep[uacute]lveda-Orengo 2000, p.
22). In conjunction with the morphometric analysis, the following
studies of Adiantum vivesii and Adiantum tetraphyllum were conducted:
chromosome counts; light microscopy observations of fresh or dried
pinnules, sori, and sporangia; and scanning electron microscopy (SEM)
of rhizomes, fertile pinnules, and spores. The morphometric analysis
showed significant differences between Adiantum vivesii and Adiantum
tetraphyllum for 16 of the vegetative characters as well as spore size,
revealing that Adiantum vivesii is morphologically different. Based on
the results, the morphological features that best distinguish Adiantum
vivesii from Adiantum tetraphyllum are the number of lateral pinnae and
the number of pinnules on each lateral pinna, which are fewer in
Adiantum vivesii. Although there are morphological differences,
chromosome number in each taxon appears to be similar
(Sep[uacute]lveda-Orengo 2000, p. 23), indicating Adiantum vivesii is
not a polyploid (possesses more than two sets of chromosomes), a common
cause of sterility in plants.
Based on spore observations in the light microscopy and SEM
studies, Adiantum vivesii appears to be a sterile hybrid
(Sep[uacute]lveda-Orengo 2000, p. 31). The greater variation in spore
size in Adiantum vivesii observed in these studies was mainly produced
by spore abortion. These observations of sori containing abortive
sporangia and spores suggested Adiantum vivesii is indeed a hybrid
(Sep[uacute]lveda-Orengo 2000, p. 29). Further, the forms of the spores
of Adiantum vivesii are different from Adiantum tetraphyllum because of
the collapse of the exospore (outer layer of the spore membrane) that
is associated with the absence of the protoplast (plant cell with no
cell wall). Mature spores of Adiantum vivesii are more compactly
constructed than those of Adiantum tetraphyllum, with the sporangia
appearing as more or less globular objects tightly grouped together,
which is consistent with the sorus (spore-producing structure) of a
hybrid (Sep[uacute]lveda-Orengo 2000, p. 28).
Based on the initial taxonomic analysis discussed above, Adiantum
vivesii does not appear to be a distinct species (Sep[uacute]lveda-
Orengo 2000, entire). This analysis showed that sporangia and spores
were produced throughout the year, but signs of sexual reproduction as
gametophytes or small plants were not observed. The plant instead
reproduces vegetatively (asexually), and the entire colony seems to be
the result of vegetative reproduction via rhizomes from a single,
sterile individual (Sep[uacute]lveda-Orengo 2000, pp. 26-31).
More recently, the Fairchild Tropical Botanical Garden (Fairchild)
has
[[Page 51930]]
collaborated with the Service on the assessment of endangered ferns
including Adiantum vivesii (Possley and Lange, 2016 and 2017, p. 4;
Possley et al. 2020, pp. 5-11). In 2017, fieldwork was conducted to
assess the colony of Adiantum vivesii and collect material for genetic
analyses. Fairchild engaged Dr. Emily Sessa from the University of
Florida (UF) to assist on a genetic study to validate whether Adiantum
vivesii is a hybrid as indicated by Sep[uacute]lveda-Orengo (2000, p.
29).
Leaf material for DNA extraction was collected in the field in
Puerto Rico in February 2017, and from herbarium specimens, including
the isotype (duplicate or very similar type specimen) for Adiantum
vivesii. A total of 27 specimens from the genus Adiantum were sampled
from the field and herbarium specimens (all material of Adiantum
vivesii was from herbarium specimens): 5 identified as A. latifolium, 2
as A. obliquum, 3 as A. petiolatum, 4 as A. pyramidale, 5 as A.
tetraphyllum, 4 as A. vivesii, and 4 unidentified Adiantum individuals
(Possley et al. 2020, p. 6).
The analysis found that five samples, including the Adiantum
vivesii isotype, had sequence variants that fell in different groups,
which indicate their hybrid origin (Possley et al. 2020, p. 10). The
genetic sequencing further indicates that Adiantum vivesii is of hybrid
origin with Adiantum petiolatum as one parent and the other parent
likely being Adiantum tetraphyllum (Possley et al. 2020, p. 10).
The Act and supporting regulations define a species as any species
or subspecies of fish, wildlife, or plant, and any distinct population
segment of any vertebrate species that interbreeds when mature, but do
not further define the terms ``species'' or ``subspecies'' used in this
definition. Rather, per 50 CFR 424.11(a), the Service shall rely on
standard taxonomic distinctions and the biological expertise of the
Department of the Interior (Department) and the scientific community in
determining whether a particular taxon or population is a species for
the purposes of the Act. The standard biological definition of a
``species'' is a group of organisms that are capable of interbreeding
when mature. The application of this definition becomes more
complicated with plant species, as many can exhibit asexual
reproduction (NRC 1995, p. 50). For this reason, we consulted with
experts to assist in determining the appropriate treatment for this
entity (Riibe 2020, pers. comm.; Sessa 2020, pers. comm).
Based upon expert input, here we are considering a species to be a
distinct unit with a natural evolutionary trajectory, meaning that it
has the ability to establish a lineage that could be lost to extinction
(NRC 1995, p. 54; Riibe 2020, pers. comm.; Sessa 2020, pers. comm.). In
the case of Adiantum vivesii, it was determined to be a sterile hybrid
by Sep[uacute]lveda-Orengo (2000, entire), indicating that Adiantum
vivesii is unable to sexually reproduce and is unlikely to perpetuate
into the future. This research also demonstrated that the only known
population was comprised of clonal individuals resulting from rhizome
proliferations, some of which eventually fragmented.
Despite the extensive botanical research and inventories in Puerto
Rico by the late Dr. George Proctor (former authority on ferns across
the Caribbean) and other experts, Adiantum vivesii remains only known
from the type locality. Additionally, during the latest field surveys
at the type locality (2017), the Fairchild team was unable to locate
material that morphologically matched the type specimen (despite
similarities), nor any clonal stand of Adiantum material as described
by Proctor and Sep[uacute]lveda-Orengo (Possley et al. 2020, p. 6). The
team collected a variety of morphotypes from the type locality for
genetic sequencing at the University of Florida; however, none of the
material was a genetic match to Adiantum vivesii. These results suggest
that Adiantum vivesii is extirpated from the only known location.
Recent research has confirmed that Adiantum vivesii is a sterile hybrid
that does not have the capacity to establish a lineage that could be
lost to extinction (Possley et al. 2020, pp. 6-10). Consequently, we
have determined that Adiantum vivesii does not qualify as a listable
entity under the Act; the original data used at the time the entity was
classified were in error; and thus Adiantum vivesii should be delisted.
Summary of Comments and Recommendations
In the proposed rule published in the Federal Register on July 30,
2021 (86 FR 40996), we requested that all interested parties submit
written comments on our proposal to delist Adiantum vivesii by
September 28, 2021. We also contacted appropriate Federal and State
agencies, scientific experts and organizations, and other interested
parties and invited them to comment on the proposal. Newspaper notices
in both Spanish and English inviting general public comment were
published in El Nuevo D[iacute]a on July 31, 2021. We did not receive
any requests for a public hearing nor any substantive information
during the comment period.
In addition, in accordance with our joint policy on peer review
published in the Federal Register on July 1, 1994 (59 FR 34270), and
our August 22, 2016, memorandum updating and clarifying the role of
peer review of listing actions under the Act, we solicited expert
opinion from eight knowledgeable individuals with scientific expertise
that included knowledge of ferns and plant taxonomy. The selected
experts were asked to help us identify any oversights, omissions, and
inconsistencies; provide advice on reasonableness of judgments made
from the scientific evidence; help us ensure that scientific
uncertainties are identified and characterized; provide advice on the
overall strengths and limitations of the scientific data used in the
document; and inform us of any scientific information that we did not
use. We received no responses from any of the peer reviewers.
During the comment period, we received four comments from the
public on the proposal to delist Adiantum vivesii. We did not receive
any comments from the Commonwealth of Puerto Rico or Federal agencies.
All comments are posted at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No.
FWS-R4-ES-2020-0125.
Some public commenters did not state whether or not they support
the delisting; others did not support delisting, but did not provide
any evidence that Adiantum vivesii was actually a listable entity.
Commentors mostly supported keeping Adiantum vivesii on the List in
order to preserve its habitat even though it does not qualify as a
listable entity and the original data used at the time the entity was
classified were in error. One commentor further stated that the
entity's midvein, which makes the leaf asymmetric, and its low number
of pinnae give Adiantum vivesii unique morphological features. We
acknowledge that Adiantum vivesii has unique morphological features;
however, this fact, in and of itself, does not indicate that the entity
is listable under the Act or that the original data used at the time
the entity was classified were valid. The Act and supporting
regulations define a species as any species or subspecies of fish,
wildlife, or plant, and any distinct population segment of any
vertebrate species that interbreeds when mature. Because the Act did
not further define ``species,'' in our proposed rule, we considered a
species to be a distinct unit with a natural evolutionary trajectory,
meaning that it has the ability to establish a lineage that could be
lost to extinction (NRC 1995, p. 54; Riibe 2020, pers. comm.; Sessa
2020, pers. comm.). As
[[Page 51931]]
Adiantum vivesii is a sterile hybrid that does not have the capacity to
establish a lineage that could be lost to extinction, we have
determined that the entity does not qualify as a listable entity under
the Act and the original data used at the time the entity was
classified were in error. None of the commenters provided information
to dispute this.
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 adding
species to, removing species from, or reclassifying species on the
Lists of Endangered and Threatened Wildlife and Plants. 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 used at the time the species was classified were
in error.
Under section 3 of the Act and our implementing regulations at 50
CFR 424.02, a ``species'' includes any subspecies of fish or wildlife
or plant, and any distinct population segment of any species of
vertebrate species which interbreeds when mature. As such, a species
under the Act may include any taxonomically defined species of fish,
wildlife, or plant; any taxonomically defined subspecies of fish,
wildlife, or plant; or any distinct population segment of any
vertebrate species as determined by us per our Policy Regarding the
Recognition of District Vertebrate Population Segments Under the
Endangered Species Act (61 FR 4722; February 7, 1996).
Our implementing regulations provide further guidance on
determining whether a particular taxon or population is a species or
subspecies for the purposes of the Act; under 50 CFR 424.11(a), the
Service shall rely on standard taxonomic distinctions and the
biological expertise of the Department and the scientific community in
determining whether a particular taxon or population is a species for
the purposes of the Act. For listing determinations, section 4(b)(1)(A)
of the Act mandates that we use the best scientific and commercial data
available for each species under consideration. Given the wide range of
taxa and the multitude of situations and types of data that apply to
species under review, the application of a single set of criteria that
would be applicable to all taxa is not practical or useful. In
addition, because of the wide variation in the kinds of available data
for a given circumstance, we do not assign a priority or weight to any
particular type of data, but must consider it in the context of all the
available data for a given species.
To determine what constitutes a listable entity under the Act, we
evaluate and consider all available types of data, which may or may not
include genetic information, to determine whether a taxon is a
distinguishable species or subspecies. As a matter of practice, and in
accordance with our regulations, in deciding which alternative
taxonomic interpretations to recognize, the Service rely on the
professional judgment available within the Service and the scientific
community to evaluate the most recent taxonomic studies and other
relevant information available for the subject species. Therefore, we
continue to make listing decisions based solely on the best scientific
and commercial data available for each species under consideration on a
case-by-case basis.
In making our determination whether Adiantum vivesii is a listable
entity, we considered all available data that may inform the taxonomy
of Adiantum vivesii, such as ecology, morphology, and genetics, as well
as expert opinion (Riibe 2020, pers. comm.; Sessa 2020, pers. comm).
Here, we considered the ability of an entity to establish a lineage
that could be lost to extinction in our determination of whether the
species constitutes a listable entity.
After a review of all information available, we determined to
remove Adiantum vivesii from the List of Endangered and Threatened
Plants at 50 CFR 17.12. Since the time of listing, additional studies
have shown that Adiantum vivesii is not a distinct species, but rather
a sterile hybrid with rhizome proliferations that lacks the ability to
establish a lineage that could be lost to extinction. As a result, we
have determined that Adiantum vivesii was listed based on data or
interpretations of data that were in error and that the entity is not a
listable entity under the Act; therefore, we are delisting it.
Determination of Status
Our review of the best available scientific and commercial
information available indicates that Adiantum vivesii is not a valid
taxonomic entity and that original data for classification of Adiantum
vivesii when it was listed was in error. Therefore, we are removing
Adiantum vivesii from the List of Endangered and Threatened Plants.
Adiantum vivesii does not require a post-delisting monitoring plan
because the requirements for a monitoring plan do not apply to species
that are delisted for not meeting the statutory definition of a species
because the original data for classification were in error.
Effects of This Rule
This rule revises 50 CFR 17.12(h) by removing Adiantum vivesii from
the Federal List of Endangered and Threatened Plants. On the effective
date of this rule (see DATES, above), the prohibitions and conservation
measures provided by the Act, particularly through sections 7 and 9,
will no longer apply to Adiantum vivesii. Federal agencies will no
longer be required to consult with the Service under section 7 of the
Act in the event that activities they authorize, fund, or carry out may
affect Adiantum vivesii. There is no critical habitat designated for
Adiantum vivesii, so there will be no effect to 50 CFR 17.96.
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 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 have determined that there are no
Tribal lands that may be affected by this rulemaking.
[[Page 51932]]
References Cited
A complete list of all references cited in this rule is available
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R4-ES-2020-0125, or
upon request from the Caribbean 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 Caribbean
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 follows:
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. 17.12 [Amended]
0
2. In Sec. 17.12, paragraph (h), amend the List of Endangered and
Threatened Plants by removing the entry for ``Adiantum vivesii'' under
FERNS AND ALLIES.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-18223 Filed 8-23-22; 8:45 am]
BILLING CODE 4333-15-P
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