Proposed Rule2024-06221
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Pyramid Pigtoe
Primary source
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Published
March 26, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), withdraw the September 7, 2021, proposed rule to list the pyramid pigtoe (Pleurobema rubrum), a freshwater mussel, as a threatened species under the Endangered Species Act of 1973 (Act), as amended. This withdrawal is based on new information we received following publication of the proposed rule that indicates the pyramid pigtoe is not a valid listable entity under the Act. In 2023, a comprehensive genetic analysis throughout the range of the pyramid pigtoe (P. rubrum) and round pigtoe (P. sintoxia) mussels concluded that the two mussels are conspecific and that pyramid pigtoe is not a valid taxon. Individuals previously assigned to P. rubrum are now considered to be P. sintoxia, a wide- ranging common species. Because we are withdrawing the proposal to list the pyramid pigtoe, we are also withdrawing the associated proposed rule issued under section 4(d) of the Act.
Full Text
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<title>Federal Register, Volume 89 Issue 59 (Tuesday, March 26, 2024)</title>
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[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Proposed Rules]
[Pages 20927-20928]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06221]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2021-0092; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BF43
Endangered and Threatened Wildlife and Plants; Threatened Species
Status With Section 4(d) Rule for Pyramid Pigtoe
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the
September 7, 2021, proposed rule to list the pyramid pigtoe (Pleurobema
rubrum), a freshwater mussel, as a threatened species under the
Endangered Species Act of 1973 (Act), as amended. This withdrawal is
based on new information we received following publication of the
proposed rule that indicates the pyramid pigtoe is not a valid listable
entity under the Act. In 2023, a comprehensive genetic analysis
throughout the range of the pyramid pigtoe (P. rubrum) and round pigtoe
(P. sintoxia) mussels concluded that the two mussels are conspecific
and that pyramid pigtoe is not a valid taxon. Individuals previously
assigned to P. rubrum are now considered to be P. sintoxia, a wide-
ranging common species. Because we are withdrawing the proposal to list
the pyramid pigtoe, we are also withdrawing the associated proposed
rule issued under section 4(d) of the Act.
DATES: The proposed rule that published on September 7, 2021 (86 FR
49989), to list the pyramid pigtoe as a threatened species with a rule
issued under section 4(d) of the Act, is withdrawn on March 26, 2024.
ADDRESSES: This withdrawal, comments on our September 7, 2021, proposed
rule, and supplementary documents are available for public inspection
on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R4-ES-
2021-0092, and some of these documents are also available on the
Service's website at <a href="https://ecos.fws.gov/ecp/species/2781">https://ecos.fws.gov/ecp/species/2781</a>.
FOR FURTHER INFORMATION CONTACT: Janet Mizzi, Field Supervisor, U.S.
Fish and Wildlife Service, Asheville Ecological Services Field Office,
160 Zillicoa St., Asheville, NC 28801; telephone 828-258-3939.
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
Please refer to our September 7, 2021, proposed rule (86 FR 49989)
for a detailed description of previous Federal actions concerning the
pyramid pigtoe. We accepted submission of new information and comments
on our September 7, 2021, proposed rule for 60 days, ending November 8,
2021.
Finding
Consistent with section 4(b)(6)(A)(i)(IV) of the Act, we are
notifying the public that we are withdrawing the September 7, 2021,
proposed rule to list the pyramid pigtoe as a threatened species with
an associated rule issued under section 4(d) of the Act (``4(d) rule'')
(86 FR 49989). The basis for this action is described below.
Background
It is our intent in this withdrawal to discuss the new information
identifying the pyramid pigtoe and round pigtoe as conspecific
(belonging to the same species) that serves as the basis for our
decision. A thorough review of the life history, ecology, and overall
viability of what was considered pyramid pigtoe at the time the
September 7, 2021, proposed rule was published is found in the species
status assessment report (SSA report) (version 1.0; Service 2021, pp.
19-36).
[[Page 20928]]
Taxonomy
Species identification of pyramid pigtoe and round pigtoe, as well
as between other related taxa, is challenging due to morphological
similarity and phenotypic plasticity. It is further exacerbated by the
fact that many species are sympatric (overlapping in geographical
distribution) (Olivera-Hyde et al. 2023, pp. 2-5). Recent genetic
studies led researchers to suggest that the pyramid pigtoe and the
round pigtoe may be conspecific (Inoue et al. 2018, p. 694; Olivera-
Hyde et al. 2023, pp. 8-14), although species experts continued to
support recognition of the pyramid pigtoe as a valid taxon due to
morphological differences and a lack of comprehensive rangewide genetic
information comparing the similar taxa (Olivera-Hyde et al. 2023, p.
15; Williams et al. 2017, p. 39). Because the pyramid pigtoe and round
pigtoe are difficult to differentiate, there has been frequent
misidentification by experts and lumping of the taxa together in the
academic literature (Olivera-Hyde et al. 2023, pp. 2-5).
Both the SSA report for the pyramid pigtoe and the September 7,
2021, proposed rule to list the pyramid pigtoe as a threatened species
(86 FR 49989) acknowledge the difficulty in identifying the pyramid
pigtoe. After reviewing the best scientific information available at
that time, we agreed with mussel experts and found that the pyramid
pigtoe was a valid taxon (Service 2021, pp. 12-13; see also 86 FR
49989, September 7, 2021). Since that finding, however, a
comprehensive, rangewide genetic analysis has been completed comparing
pyramid pigtoe to round pigtoe, and this information now confirms that
they are conspecific (Johnson et al., 2024, pp. 16-17).
Review of New Genetic Information
Prior genetic analyses relied on results taken from individuals
from portions of species' ranges, resulting in conclusions that were
limited to only those areas where individuals were collected (Inoue et
al. 2018, p. 698; Olivera-Hyde et al. 2023, p. 3). The new study uses
data collected from throughout the ranges of both pyramid pigtoe and
round pigtoe populations (Johnson et al., 2024, entire). Genetic data
were successfully sampled from 200 individuals for mitochondrial DNA
(mtDNA) analysis, 106 individuals for nuclear DNA (nDNA) analysis, and
176 individuals for genotype-by-sequencing (GBS) analysis across 11
populations and 22 waterbodies (Johnson et al., 2024, p. 33).
Mitochondrial DNA and nDNA were used in previous studies but were found
to be problematic for supporting species delineations in Pleurobema,
due to potential hybridization and backcrossing effects, resulting in a
reliance on hard-to-distinguish morphological variation for species
delineations (Olivera-Hyde et al. 2023, p. 14). The most recent
analysis incorporated GBS methodologies to address uncertainty in
assessing whether pyramid pigtoe is a valid taxon (Johnson et al.,
2024, p. 6.).
The results of the study support the hypothesis that pyramid pigtoe
and round pigtoe are conspecific based on mtDNA, nDNA, and GBS data
(Johnson et al., 2024, pp. 13-17). The results of the GBS analysis
cluster individuals based on geographic location and not by species
identification based on morphology (Johnson et al., 2024, p. 16). This
finding is also supported by the results of the mtDNA and nDNA analyses
and is consistent with the results of prior published findings (Inoue
et al. 2018, p. 694; Olivera-Hyde et al. 2023, pp. 8-14). The results
do not support the current morphologically-based species delineations.
Summary of Justification for Withdrawal
New rangewide genetic information has become available since the
publication of our September 7, 2021, proposed rule (86 FR 49989) to
list the pyramid pigtoe as a threatened species with an associated
section 4(d) rule under the Act. The new information is based on mtDNA,
nDNA, and GBS data, and concludes that pyramid pigtoe and round pigtoe
are conspecific. These results support the findings of previous studies
that were too narrow in scope to make definitive conclusions of species
delineation. The resulting single species (round pigtoe; P. sintoxia)
is wide-ranging and common throughout its current range. Because
pyramid pigtoe (P. rubrum) is no longer considered a valid species, we
withdraw the September 7, 2021, proposed rule (86 FR 49989) to list
pyramid pigtoe as a threatened species with an associated section 4(d)
rule.
References Cited
A complete list of references cited in this document is available
on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and upon request from
the Asheville Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this document are the staff members of the
Fish and Wildlife Service's Species Assessment Team and the Asheville
Ecological Services Field Office.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-06221 Filed 3-25-24; 8:45 am]
BILLING CODE 4333-15-P
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