Endangered and Threatened Wildlife and Plants; Technical Corrections for Northeast Species
| Published date | 15 October 2021 |
| Record Number | 2021-22518 |
| Section | Rules and Regulations |
| Court | Fish And Wildlife Service,Interior Department |
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Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Rules and Regulations
‘‘532.904(c)’’ and adding ‘‘532.908(a)’’
in its place.’’
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Government-
wide Policy, General Services Administration.
[FR Doc. 2021–22498 Filed 10–14–21; 8:45 am]
BILLING CODE 6820–61–P
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.
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: http://
www.regulations.gov. 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
Martin_Miller@fws.gov. 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
§ 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 § 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 http://
www.regulations.gov. 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 http://
www.regulations.gov 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 http://
www.regulations.gov 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.).
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Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Rules and Regulations
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
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Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Rules and Regulations
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 http://
www.regulations.gov 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
■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.
■2. Amend § 17.11, in paragraph (h), in
the List of Endangered and Threatened
Wildlife, by revising:
■a. Under REPTILES, the entries for
‘‘Turtle, bog (=Muhlenberg) [Northen
DPS]’’ and ‘‘Turtle, bog (=Muhlenberg)’’;
■b. Under SNAILS, the entry for ‘‘Snail,
Chittenango ovate amber’’; and
■c. Under INSECTS, the entries for
‘‘Beetle, Northeastern beach tiger’’ and
‘‘Beetle, Puritan tiger’’.
The revisions read as follows:
§ 17.11 Endangered and threatened
wildlife.
* * * * *
(h) * * *
Common name Scientific name Where listed Status Listing citations and
applicable rules
*******
R
EPTILES
*******
Turtle, bog (=Muhlenberg)
[Northern DPS]. Glyptemys muhlenbergii .......... Wherever found, except GA,
NC, SC, TN, VA. T 62 FR 59605, 11/4/1997.
Turtle, bog (=Muhlenberg) ........ Glyptemys muhlenbergii .......... U.S.A. (GA, NC, SC, TN, VA) T (S/A) 62 FR 59605, 11/4/1997;
50 CFR 17.42(f).
4d
*******
S
NAILS
*******
Snail, Chittenango ovate amber Novisuccinea chittenangoensis Wherever found ....................... T 43 FR 28932, 7/3/1978.
*******
I
NSECTS
*******
Beetle, Northeastern beach
tiger. Habroscelimorpha dorsalis dor-
salis.Wherever found ....................... T 55 FR 32088, 8/7/1990.
*******
Beetle, Puritan tiger .................. Ellipsoptera puritana ................ Wherever found ....................... T 55 FR 32088, 8/7/1990.
*******
■3. Amend § 17.12, in paragraph (h), in
the List of Endangered and Threatened
Plants, under FLOWERING PLANTS,
by:
■a. Removing the entry for ‘‘Arabis
serotina’’;
■b. Revising the entry for ‘‘Astragalus
robbinsii var. jesupi’’; and
■c. Adding in alphabetical order an
entry for ‘‘Boechera serotina’’.
The revision and addition read as
follows:
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§ 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
Scientific name Common name Where listed Status Listing citations and applicable
rules
F
LOWERING
P
LANTS
*******
Astragalus robbinsii ..................
var. jesupii ................................ Jesup’s milk-vetch .................... Wherever found ........................ E 52 FR 21481, 6/5/1987.
*******
Boechera serotina .................... Shale barren rock cress ........... Wherever found ........................ E 54 FR 29655, 7/13/1989.
*******
§ 17.42 [Amended]
■4. Amend § 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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210716–0148; RTID 0648–
XB394]
Fisheries of the Northeastern United
States; Atlantic Mackerel; Incidental
Possession Limit Implemented for the
Remainder of 2021
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Temporary rule.
SUMMARY
: NMFS is implementing a
catch limit of 5,000 lb (2,268 kg) for all
Atlantic mackerel permit holders for the
remainder of the 2021 fishing year. This
action is intended to reduce potential
Atlantic mackerel overfishing based on
new 2021 assessment findings.
DATES
: Effective October 15, 2021,
through December 31, 2021.
ADDRESSES
: The supporting documents
for the action are available upon request
from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 N State Street, Dover, DE 19901.
These documents are also accessible via
the internet at http://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT
: Aly
Pitts, Fishery Management Specialist,
(978) 281–9352.
SUPPLEMENTARY INFORMATION
:
Background
The Mid-Atlantic Fishery
Management Council manages the
Atlantic mackerel fishery under the
Mackerel, Squid, and Butterfish (MSB)
Fishery Management Plan (FMP).
Section 302(g)(1)(B) of the Magnuson-
Stevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) states that the Scientific and
Statistical Committee (SSC) for each
regional fishery management council
shall provide its Council ongoing
scientific advice for fishery management
decisions, including recommendations
for acceptable biological catch (ABC),
preventing overfishing, ensuring
maximum sustainable yield, and
achieving rebuilding targets. The ABC is
a level of catch that accounts for the
scientific uncertainty in the estimate of
the stock’s defined overfishing level
(OFL). The regulations implementing
the MSB FMP require the Council’s
MSB Monitoring Committee to develop
specification recommendations for each
species based upon the ABC advice of
the Council’s SSC. The regulations at 50
CFR 648.22(e) allow the Regional
Administrator, in consultation with the
Council, to adjust specifications,
including possession limits, during the
fishing year.
At its July 2021 meeting, the Council’s
SSC reviewed the 2021 management
track assessment results, which
concluded that Atlantic mackerel
remains overfished and overfishing is
occurring. To date, the U.S. commercial
fishery has landed over 5,200 mt of
Atlantic mackerel during 2021.
Combined with an estimated 4,000 mt of
Canadian catch and another 2,500–3,500
mt of U.S. recreational catch, total
Atlantic mackerel catch in 2021 will
likely exceed the updated OFL estimate
of 11,622 mt from the June 2021
management track assessment. Based on
this information, the SSC recommended
that measures be implemented to
eliminate or minimize additional catch
during the current year to reduce the
potential biological impacts of 2021
catch levels. We do not expect catch to
exceed the OFL for the remainder of the
year under the 5,000 lb (2,268 kg)
possession limit. The Council requested
that NOAA Fisheries take action to
reduce potential mackerel harvest in
2021 at its August 2021 meeting.
Atlantic Mackerel Possession Limit for
2021
This rule implements a possession
limit of 5,000 lb (2,268 kg) for the
remainder of the 2021 fishing year for
all federally permitted Atlantic
mackerel vessels. The regulations
currently require that when 100 percent
of the Atlantic mackerel domestic
annual harvest (DAH) is projected to be
landed, the Regional Administrator will
reduce the possession limit to 5,000 lb
(2,268 kg) for both limited access and
open access permit holders. This
possession limit allows bycatch of
Atlantic mackerel while not exceeding
the ABC. This action does not make
changes to any other current
commercial management measures.
On October 7, 2021, we determined
that under the National Environmental
Policy Act (NEPA) this action is
categorically excluded from
requirements to prepare either an
Environmental Impact Statement or an
Environmental Assessment under
NEPA.
The changes to the Atlantic mackerel
possession limits included in this action
were analyzed during the development
of Framework 13 (October 30, 2019, 84
FR 58053). A 5,000 lb (2,268 kg)
possession limit was included in the
range of alternatives. The public had an
opportunity to comment on the 5,000 lb
(2,268 kg) possession limit during the
development of the Framework 13. The
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