Endangered and Threatened Wildlife and Plants; Removing the Braken Bat Cave Meshweaver From the List of Endangered and Threatened Wildlife, 54145-54148 [2021-20911]
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules
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Proposed Rule
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PART 73—RADIO BROADCAST
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1. The authority citation for part 73
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[Amended]
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§ 73.622 Digital television table of
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[FR Doc. 2021–20636 Filed 9–29–21; 8:45 am]
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Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2021–0054;
FF09E22000 FXES11130900000 212]
RIN 1018–BE43
Endangered and Threatened Wildlife
and Plants; Removing the Braken Bat
Cave Meshweaver From the List of
Endangered and Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
remove the Braken Bat Cave
meshweaver (Cicurina venii), an
arachnid, from the Federal List of
Endangered and Threatened Wildlife
(i.e., ‘‘delist’’ the species) under the
Endangered Species Act of 1973, as
amended (Act), because of a taxonomic
revision. The proposed delisting is
based on our evaluation of the best
available scientific and commercial
information, which indicates that
Braken Bat Cave meshweaver is not a
discrete taxonomic entity and does not
meet the definition of a species as
defined by the Act. Cicurina venii has
been synonymized with Cicurina
madla, the Madla Cave meshweaver.
Therefore, due to a taxonomic revision,
C. venii is no longer a scientifically
accepted species and cannot be listed
under the Act. However, because the
Braken Bat Cave meshweaver has been
synonymized under the Madla Cave
meshweaver, its status, and thus its
protections under the Act, would
remain the same because the Madla
Cave meshweaver is listed as
endangered under the Act.
DATES: We will accept comments
received or postmarked on or before
November 29, 2021. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on the closing
date. We must receive requests for
public hearings, in writing, at the
address shown in FOR FURTHER
INFORMATION CONTACT by November 15,
2021.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal:
https://www.regulations.gov. In the
Search box, enter FWS–R2–ES–2021–
0054, which is the docket number for
this rulemaking. Then, click on the
SUMMARY:
Television.
§ 73.622
DEPARTMENT OF THE INTERIOR
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Search button. On the resulting page, in
the Search panel on the left side of the
screen, under the Document Type
heading, check 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
to: Public Comments Processing, Attn:
FWS–R2–ES–2021–0054, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Document availability: This proposed
rule and supporting documents
including the 5-year review and the
Recovery Plan are available at https://
www.fws.gov/southwest/es/
AustinTexas/, at https://
www.regulations.gov under Docket No.
FWS–R2–ES–2021–0054, and at the
Austin Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Adam Zerrenner, Field Supervisor, U.S.
Fish and Wildlife Service, 10711 Burnet
Road, Suite 200, Austin, TX 78758;
telephone 512–490–0057. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other concerned
governmental agencies, Native
American Tribes, the scientific
community, industry, or any other
interested parties concerning this
proposed rule.
We particularly seek comments
concerning:
(1) Reasons we should or should not
remove the Braken Bat Cave
meshweaver from the List of
Endangered and Threatened Wildlife.
(2) New information on the historical
and current status, range, distribution,
and population size of the Braken Bat
Cave meshweaver.
(3) Additional taxonomic or other
relevant data concerning the Braken Bat
Cave meshweaver.
Please include sufficient information
with your submission (such as scientific
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules
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journal articles or other publications) to
allow us to verify any scientific or
commercial information you include.
Please note that submissions merely
stating support for, or opposition to, the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is an endangered or a threatened
species must be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov.
Because we will consider all
comments and information we receive
during the comment period, our final
determination may differ from this
proposal. Based on the new information
we receive (and any comments on that
new information), we may conclude that
the Braken Bat Cave meshweaver
(Cicurina venii) should remain listed as
endangered, if the best available
information regarding its validity as a
taxon changes before our final
determination.
Public Hearing
Section 4(b)(5) of the Act provides for
a public hearing on this proposal, if
requested. Requests must be received by
the date specified in DATES. Such
requests must be sent to the address
shown in FOR FURTHER INFORMATION
CONTACT. We will schedule a public
hearing on this proposal, if requested,
and announce the date, time, and place
of the hearing, as well as how to obtain
reasonable accommodations, in the
Federal Register and local newspapers
at least 15 days before the hearing. For
the immediate future, we will provide
these public hearings using webinars
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that will be announced on the Service’s
website, in addition to the Federal
Register. The use of these virtual public
hearings is consistent with our
regulations at 50 CFR 424.16(c)(3).
Peer Review
In accordance with our policy,
‘‘Notice of Interagency Cooperative
Policy for Peer Review in Endangered
Species Act Activities,’’ which was
published on July 1, 1994 (59 FR 34270)
and our August 22, 2016, Director’s
Memorandum ‘‘Peer Review Process,’’
we will seek the expert opinion of at
least three appropriate and independent
specialists regarding scientific data and
interpretations contained in this
proposed rule. We will send copies of
this proposed rule to the peer reviewers
immediately following publication in
the Federal Register. We will ensure
that the opinions of peer reviewers are
objective and unbiased by following the
guidelines set forth in the Director’s
Memo, which updates and clarifies
Service policy on peer review (U.S. Fish
and Wildlife Service 2016). The purpose
of such review is to ensure that our
decisions are based on scientifically
sound data, assumptions, and analysis.
Accordingly, our final decision may
differ from this proposal.
Previous Federal Actions
On December 26, 2000, we published
a final rule listing the nine Bexar
County karst invertebrates, including
Braken Bat Cave meshweaver, as
endangered species (65 FR 81419). On
April 8, 2003, we designated 1,063 acres
(431 hectares) in 22 units as critical
habitat for the nine karst invertebrates
(68 FR 17156). Of this, one unit (Unit
15) on 217 acres (88 hectares) in western
Bexar County, Texas was designated as
critical habitat for the Braken Bat Cave
meshweaver. Following litigation (CBD
v. FWS, case number 1:09–cv–00031–
LY), we entered into a settlement
agreement to revise the critical habitat
designation. On February 14, 2012, we
finalized a critical habitat determination
(77 FR 8450), designating in one unit
(Unit 15) on 217 acres (88 hectares) in
western Bexar County, Texas as critical
habitat for the Braken Bat Cave
meshweaver.
We completed a recovery plan for the
Bexar County karst invertebrates,
including the Braken Bat Cave
meshweaver, on September 12, 2011
(Service 2011a). Our most recent 5-year
review for the Madla Cave meshweaver
(Service 2019) discusses the
synonymization of the Braken Bat Cave
meshweaver with the Madla Cave
meshweaver.
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Background
Species Information and Biology
The Braken Bat Cave meshweaver is
a small, troglobitic (cave-dwelling)
spider that inhabits caves and
mesocaverns (humanly impassable
voids in karst limestone) in Bexar
County, Texas. Because the species is
restricted to the subterranean
environment, individuals exhibit
morphological adaptations to that
environment, such as elongated
appendages and loss or reduction of
eyes and pigment (Service 2011b, p. 2).
Habitat and Distribution
Habitat for the Braken Bat Cave
meshweaver includes karst-forming rock
containing subterranean spaces (caves
and connected mesocaverns) with stable
temperatures, high humidities (near
saturation), and suitable substrates (for
example, spaces between and
underneath rocks for foraging and
sheltering) that are free of contaminants
(Service 2011b, p. 2). Although this
species spends its entire life
underground, its ecosystem is
dependent on the overlying surface
habitat (Service 2011b, p. 2). Examples
of nutrient sources include leaf litter
that has fallen or washed in, animal
droppings, and animal carcasses.
Individuals require surface and
subsurface sources (such as plants and
their roots, fruits, and leaves, and
animal (e.g., cave cricket) eggs, feces,
and carcasses) that provide nutrient
input into the karst ecosystem (Service
2011a, p. 6).
The Braken Bat Cave meshweaver is
known from only two caves in the
Culebra Anticline karst fauna region.
One is located on private property, and
the other occurs on a highway right-ofway. The species was first collected in
1980 and 1983 in Braken Bat Cave, but
the cave itself was not initially
described until 1988 (Reddell 1993,
entire). The cave entrance was filled
during construction of a home in 1990.
Without excavation, it is difficult to
determine what effect this incident had
on the species; however, there may still
be some nutrient input, from a reported
small side passage. The remaining
location was discovered in 2012, during
construction of State Highway 151 in
San Antonio, Texas. Originally a void
with no entrance, that feature was
capped with concrete and the soil and
vegetation above it was restored to the
extent possible.
Threats to the species and its habitat
include destruction and/or deterioration
of habitat by construction; filling of
caves and karst features; increase of
impermeable cover; contamination from
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septic effluent, sewer leaks, run-off,
pesticides, and other sources; predation
by and competition with nonnative fire
ants; and vandalism (65 FR 81419;
December 26, 2000).
Taxonomy
Spider taxonomy generally relies
largely on genitalic differences in adult
specimens to delimit species (Paquin
and Hedin 2004, p. 3240; Paquin et al.
2008, p. 139; Paquin and Dupe´rre´ 2009,
p. 5). Delimiting troglobitic Cicurina
species in particular is difficult not only
because of the inaccessibility of their
habitat for gathering adequate samples
(Moseley 2009, pp. 47–48), but because
most collections return immature
specimens (Gertsch 1992, p. 80;
Cokendolpher 2004, p. 15; Paquin and
Hedin, 2004, p. 3240; Paquin et al. 2008,
p. 140; Paquin and Dupe´rre´ 2009, p. 5).
In addition, the few adults that are
collected are disproportionately female
(Cokendolpher 2004, pp. 14, 15, 17–18;
Paquin and Dupe´rre´ 2009, p. 5). As
females of troglobitic Cicurina exhibit
variability in genitalic characters within
and between caves, this makes it
difficult to determine whether an
individual represents a distinct species
or intraspecific variation based on
morphology alone (Cokendolpher
2004a, pp. 30–32; Paquin and Duperre
2009, pp. 5–6; Paquin et al. 2008, pp.
140, 143, 147; Paquin and Dupe´rre´ 2009,
pp. 4–6, 63–64).
The Braken Bat Cave meshweaver and
Madla Cave meshweaver were originally
described in 1992, from single female
specimens found in Braken Bat Cave
and Madla’s Cave, respectively (Gertsch
1992, pp. 109, 111). These species were
two of only four cave-dwelling spiders
of the genus Cicurina described from
Bexar County at the time (Gertsch 1992,
p. 98) and were differentiated based on
their geographic location and specific
morphological characters of the females
(Gertsch 1992, pp. 84, 109, 111;
Cokendolpher 2004, pp. 26, 43, 52).
Various genetic data were combined
to address species delimitation
questions in troglobitic Cicurina
species, including the Braken Bat Cave
meshweaver (Hedin et al. 2018, entire).
Analysis of the evolutionary history of
the species using genetics
(phylogenomics) revealed two lines of
ancestry, both of which are eyeless and
correspond to groups previously
described based on female morphology
and troglobitic (cave-dwelling)
adaptations, specifically the shape of
the female sperm storage organ and the
ratio of leg length to body length (Hedin
et al. 2018, pp. 55, 61, 63–64;
Cokendolpher 2004, p. 18; Paquin and
Dupe´rre´ 2009, p. 9). Although the type
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specimen for the Braken Bat Cave
meshweaver was not included in the
genetics portion of the study because
DNA could not be collected due to age,
newly discovered specimens from the
same geographic region with similar
morphology to the Braken Bat Cave
meshweaver placed it in the Madla Cave
meshweaver clade genetically (Hedin et
al. 2018, pp. 56–57; Hedin et al. 2018,
p. 67).
Therefore, based on similarity of
morphologic characteristics and
mitochondrial and nuclear DNA results,
Braken Bat Cave meshweaver was
synonomized under Madla Cave
meshweaver (Hedin et al. 2018, p. 68).
This synonomy was accepted by the
World Spider Catalog (World Spider
Catalog 2019). Please refer to the Bexar
County Karst Invertebrates Recovery
Plan (2011), the Bexar County Karst
Invertebrates 5-year Review (2011), and
the Madla Cave Meshweaver 5-year
Review (2019) for more information.
Delisting Proposal
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations (50
CFR part 424) set forth the procedures
for listing species on, reclassifying
species on, or removing species from the
Federal Lists of Endangered and
Threatened Wildlife and Plants. The Act
defines ‘‘species’’ as including any
species or subspecies of fish or wildlife
or plants, and any distinct population
segment of vertebrate fish or wildlife
that interbreeds when mature (16 U.S.C.
1532(16)). We may delist a species
according to 50 CFR 424.11(e) if the best
available scientific and commercial data
indicate that the species is neither
endangered nor threatened for one or
more of the following reasons: (1) The
species is extinct; (2) the species does
not meet the definition of an
endangered species or a threatened
species; or (3) the listed entity does not
meet the statutory definition of a
species. For the Braken Bat Cave
meshweaver, we conclude that the
existing scientific information
demonstrates that Braken Bat Cave
meshweaver is not a discrete taxonomic
entity and, therefore, does not meet the
Act’s definition of ‘‘species’’ (16 U.S.C.
1532(16)). Therefore, we propose to
delist the Braken Bat Cave meshweaver.
The Braken Bat Cave meshweaver does
not require a post-delisting monitoring
(PDM) plan because the monitoring plan
does not apply to delisting species due
to taxonomic change.
Effects of This Proposed Rule
This proposal, if made final, would
revise 50 CFR 17.11(h) by removing the
Braken Bat Cave meshweaver from the
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54147
Federal List of Endangered and
Threatened Wildlife. However, because
the Braken Bat Cave meshweaver has
been synonymized under the Madla
Cave meshweaver, its status, and thus
its protections under the Act, would
remain the same because the Madla
Cave meshweaver is listed as
endangered under the Act. This
additional locality was included in the
Madla Cave meshweaver 5-year review
and did not change the status of the
species (Service 2019, p.17).
Unit 15, the area surrounding Braken
Bat Cave, was designated as critical
habitat for Braken Bat Cave meshweaver
in 2012. Because Braken Bat Cave
meshweaver had designated critical
habitat, this rule would also amend 50
CFR 17.95(g) to remove the Braken Bat
Cave meshweaver’s designated critical
habitat. This area has not yet been
evaluated to determine if it is essential
to the conservation of the Madla Cave
meshweaver. Should we evaluate it in
the future, proposing this unit as critical
habitat for Madla Cave meshweaver
would be completed in a subsequent
rulemaking. Unit 15, however, is also
critical habitat for an endangered beetle
with no common name, Rhadine
infernalis. Therefore, if we adopt this
action as proposed, Unit 15 would
retain the protections of the Act as
designated critical habitat for R.
infernalis.
Required Determinations
Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(1) Be logically organized;
(2) Use the active voice to address
readers directly;
(3) Use clear language rather than
jargon;
(4) Be divided into short sections and
sentences; and
(5) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules
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 Endangered Species Act. We
published a notice outlining our reasons
for this determination in the Federal
Register on October 25, 1983 (48 FR
49244).
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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
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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 do not expect any Tribes would be
affected by this proposed delisting
because there are no Tribal lands in the
range of the species.
References Cited
A complete list of references cited in
this rulemaking is available on the
internet at https://www.regulations.gov
and upon request from the Austin
Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed
rule are the staff members of the Fish
and Wildlife Service’s Species
Assessment Team and the Austin
Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
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Proposed Regulation Promulgation
Accordingly, we propose to 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; and 4201–4245, unless otherwise
noted.
§ 17.11
[Amended]
2. Amend § 17.11(h) by removing the
entry for ‘‘Meshweaver, Braken Bat
Cave’’ under ARACHNIDS from the List
of Endangered and Threatened Wildlife.
■
§ 17.95
[Amended]
3. In § 17.95, amend paragraph (g) by
removing the entry for ‘‘Braken Bat Cave
Meshweaver (Cicurina venii)’’.
■
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–20911 Filed 9–29–21; 8:45 am]
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Proposed Rules]
[Pages 54145-54148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20911]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2021-0054; FF09E22000 FXES11130900000 212]
RIN 1018-BE43
Endangered and Threatened Wildlife and Plants; Removing the
Braken Bat Cave Meshweaver From the List of Endangered and Threatened
Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
remove the Braken Bat Cave meshweaver (Cicurina venii), an arachnid,
from the Federal List of Endangered and Threatened Wildlife (i.e.,
``delist'' the species) under the Endangered Species Act of 1973, as
amended (Act), because of a taxonomic revision. The proposed delisting
is based on our evaluation of the best available scientific and
commercial information, which indicates that Braken Bat Cave meshweaver
is not a discrete taxonomic entity and does not meet the definition of
a species as defined by the Act. Cicurina venii has been synonymized
with Cicurina madla, the Madla Cave meshweaver. Therefore, due to a
taxonomic revision, C. venii is no longer a scientifically accepted
species and cannot be listed under the Act. However, because the Braken
Bat Cave meshweaver has been synonymized under the Madla Cave
meshweaver, its status, and thus its protections under the Act, would
remain the same because the Madla Cave meshweaver is listed as
endangered under the Act.
DATES: We will accept comments received or postmarked on or before
November 29, 2021. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. We must receive requests for
public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by November 15, 2021.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov. In the Search box, enter FWS-R2-ES-
2021-0054, 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, check 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 to: Public Comments
Processing, Attn: FWS-R2-ES-2021-0054, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Document availability: This proposed rule and supporting documents
including the 5-year review and the Recovery Plan are available at
https://www.fws.gov/southwest/es/AustinTexas/, at https://www.regulations.gov under Docket No. FWS-R2-ES-2021-0054, and at the
Austin Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, U.S.
Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX
78758; telephone 512-490-0057. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other concerned governmental agencies,
Native American Tribes, the scientific community, industry, or any
other interested parties concerning this proposed rule.
We particularly seek comments concerning:
(1) Reasons we should or should not remove the Braken Bat Cave
meshweaver from the List of Endangered and Threatened Wildlife.
(2) New information on the historical and current status, range,
distribution, and population size of the Braken Bat Cave meshweaver.
(3) Additional taxonomic or other relevant data concerning the
Braken Bat Cave meshweaver.
Please include sufficient information with your submission (such as
scientific
[[Page 54146]]
journal articles or other publications) to allow us to verify any
scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or a
threatened species must be made ``solely on the basis of the best
scientific and commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov.
Because we will consider all comments and information we receive
during the comment period, our final determination may differ from this
proposal. Based on the new information we receive (and any comments on
that new information), we may conclude that the Braken Bat Cave
meshweaver (Cicurina venii) should remain listed as endangered, if the
best available information regarding its validity as a taxon changes
before our final determination.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing. For the immediate future, we will provide these public
hearings using webinars that will be announced on the Service's
website, in addition to the Federal Register. The use of these virtual
public hearings is consistent with our regulations at 50 CFR
424.16(c)(3).
Peer Review
In accordance with our policy, ``Notice of Interagency Cooperative
Policy for Peer Review in Endangered Species Act Activities,'' which
was published on July 1, 1994 (59 FR 34270) and our August 22, 2016,
Director's Memorandum ``Peer Review Process,'' we will seek the expert
opinion of at least three appropriate and independent specialists
regarding scientific data and interpretations contained in this
proposed rule. We will send copies of this proposed rule to the peer
reviewers immediately following publication in the Federal Register. We
will ensure that the opinions of peer reviewers are objective and
unbiased by following the guidelines set forth in the Director's Memo,
which updates and clarifies Service policy on peer review (U.S. Fish
and Wildlife Service 2016). The purpose of such review is to ensure
that our decisions are based on scientifically sound data, assumptions,
and analysis. Accordingly, our final decision may differ from this
proposal.
Previous Federal Actions
On December 26, 2000, we published a final rule listing the nine
Bexar County karst invertebrates, including Braken Bat Cave meshweaver,
as endangered species (65 FR 81419). On April 8, 2003, we designated
1,063 acres (431 hectares) in 22 units as critical habitat for the nine
karst invertebrates (68 FR 17156). Of this, one unit (Unit 15) on 217
acres (88 hectares) in western Bexar County, Texas was designated as
critical habitat for the Braken Bat Cave meshweaver. Following
litigation (CBD v. FWS, case number 1:09-cv-00031-LY), we entered into
a settlement agreement to revise the critical habitat designation. On
February 14, 2012, we finalized a critical habitat determination (77 FR
8450), designating in one unit (Unit 15) on 217 acres (88 hectares) in
western Bexar County, Texas as critical habitat for the Braken Bat Cave
meshweaver.
We completed a recovery plan for the Bexar County karst
invertebrates, including the Braken Bat Cave meshweaver, on September
12, 2011 (Service 2011a). Our most recent 5-year review for the Madla
Cave meshweaver (Service 2019) discusses the synonymization of the
Braken Bat Cave meshweaver with the Madla Cave meshweaver.
Background
Species Information and Biology
The Braken Bat Cave meshweaver is a small, troglobitic (cave-
dwelling) spider that inhabits caves and mesocaverns (humanly
impassable voids in karst limestone) in Bexar County, Texas. Because
the species is restricted to the subterranean environment, individuals
exhibit morphological adaptations to that environment, such as
elongated appendages and loss or reduction of eyes and pigment (Service
2011b, p. 2).
Habitat and Distribution
Habitat for the Braken Bat Cave meshweaver includes karst-forming
rock containing subterranean spaces (caves and connected mesocaverns)
with stable temperatures, high humidities (near saturation), and
suitable substrates (for example, spaces between and underneath rocks
for foraging and sheltering) that are free of contaminants (Service
2011b, p. 2). Although this species spends its entire life underground,
its ecosystem is dependent on the overlying surface habitat (Service
2011b, p. 2). Examples of nutrient sources include leaf litter that has
fallen or washed in, animal droppings, and animal carcasses.
Individuals require surface and subsurface sources (such as plants and
their roots, fruits, and leaves, and animal (e.g., cave cricket) eggs,
feces, and carcasses) that provide nutrient input into the karst
ecosystem (Service 2011a, p. 6).
The Braken Bat Cave meshweaver is known from only two caves in the
Culebra Anticline karst fauna region. One is located on private
property, and the other occurs on a highway right-of-way. The species
was first collected in 1980 and 1983 in Braken Bat Cave, but the cave
itself was not initially described until 1988 (Reddell 1993, entire).
The cave entrance was filled during construction of a home in 1990.
Without excavation, it is difficult to determine what effect this
incident had on the species; however, there may still be some nutrient
input, from a reported small side passage. The remaining location was
discovered in 2012, during construction of State Highway 151 in San
Antonio, Texas. Originally a void with no entrance, that feature was
capped with concrete and the soil and vegetation above it was restored
to the extent possible.
Threats to the species and its habitat include destruction and/or
deterioration of habitat by construction; filling of caves and karst
features; increase of impermeable cover; contamination from
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septic effluent, sewer leaks, run-off, pesticides, and other sources;
predation by and competition with nonnative fire ants; and vandalism
(65 FR 81419; December 26, 2000).
Taxonomy
Spider taxonomy generally relies largely on genitalic differences
in adult specimens to delimit species (Paquin and Hedin 2004, p. 3240;
Paquin et al. 2008, p. 139; Paquin and Dup[eacute]rr[eacute] 2009, p.
5). Delimiting troglobitic Cicurina species in particular is difficult
not only because of the inaccessibility of their habitat for gathering
adequate samples (Moseley 2009, pp. 47-48), but because most
collections return immature specimens (Gertsch 1992, p. 80;
Cokendolpher 2004, p. 15; Paquin and Hedin, 2004, p. 3240; Paquin et
al. 2008, p. 140; Paquin and Dup[eacute]rr[eacute] 2009, p. 5). In
addition, the few adults that are collected are disproportionately
female (Cokendolpher 2004, pp. 14, 15, 17-18; Paquin and
Dup[eacute]rr[eacute] 2009, p. 5). As females of troglobitic Cicurina
exhibit variability in genitalic characters within and between caves,
this makes it difficult to determine whether an individual represents a
distinct species or intraspecific variation based on morphology alone
(Cokendolpher 2004a, pp. 30-32; Paquin and Duperre 2009, pp. 5-6;
Paquin et al. 2008, pp. 140, 143, 147; Paquin and Dup[eacute]rr[eacute]
2009, pp. 4-6, 63-64).
The Braken Bat Cave meshweaver and Madla Cave meshweaver were
originally described in 1992, from single female specimens found in
Braken Bat Cave and Madla's Cave, respectively (Gertsch 1992, pp. 109,
111). These species were two of only four cave-dwelling spiders of the
genus Cicurina described from Bexar County at the time (Gertsch 1992,
p. 98) and were differentiated based on their geographic location and
specific morphological characters of the females (Gertsch 1992, pp. 84,
109, 111; Cokendolpher 2004, pp. 26, 43, 52).
Various genetic data were combined to address species delimitation
questions in troglobitic Cicurina species, including the Braken Bat
Cave meshweaver (Hedin et al. 2018, entire). Analysis of the
evolutionary history of the species using genetics (phylogenomics)
revealed two lines of ancestry, both of which are eyeless and
correspond to groups previously described based on female morphology
and troglobitic (cave-dwelling) adaptations, specifically the shape of
the female sperm storage organ and the ratio of leg length to body
length (Hedin et al. 2018, pp. 55, 61, 63-64; Cokendolpher 2004, p. 18;
Paquin and Dup[eacute]rr[eacute] 2009, p. 9). Although the type
specimen for the Braken Bat Cave meshweaver was not included in the
genetics portion of the study because DNA could not be collected due to
age, newly discovered specimens from the same geographic region with
similar morphology to the Braken Bat Cave meshweaver placed it in the
Madla Cave meshweaver clade genetically (Hedin et al. 2018, pp. 56-57;
Hedin et al. 2018, p. 67).
Therefore, based on similarity of morphologic characteristics and
mitochondrial and nuclear DNA results, Braken Bat Cave meshweaver was
synonomized under Madla Cave meshweaver (Hedin et al. 2018, p. 68).
This synonomy was accepted by the World Spider Catalog (World Spider
Catalog 2019). Please refer to the Bexar County Karst Invertebrates
Recovery Plan (2011), the Bexar County Karst Invertebrates 5-year
Review (2011), and the Madla Cave Meshweaver 5-year Review (2019) for
more information.
Delisting Proposal
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for listing
species on, reclassifying species on, or removing species from the
Federal Lists of Endangered and Threatened Wildlife and Plants. The Act
defines ``species'' as including any species or subspecies of fish or
wildlife or plants, and any distinct population segment of vertebrate
fish or wildlife that interbreeds when mature (16 U.S.C. 1532(16)). We
may delist a species according to 50 CFR 424.11(e) if the best
available scientific and commercial data indicate that the species is
neither endangered nor threatened for one or more of the following
reasons: (1) The species is extinct; (2) the species does not meet the
definition of an endangered species or a threatened species; or (3) the
listed entity does not meet the statutory definition of a species. For
the Braken Bat Cave meshweaver, we conclude that the existing
scientific information demonstrates that Braken Bat Cave meshweaver is
not a discrete taxonomic entity and, therefore, does not meet the Act's
definition of ``species'' (16 U.S.C. 1532(16)). Therefore, we propose
to delist the Braken Bat Cave meshweaver. The Braken Bat Cave
meshweaver does not require a post-delisting monitoring (PDM) plan
because the monitoring plan does not apply to delisting species due to
taxonomic change.
Effects of This Proposed Rule
This proposal, if made final, would revise 50 CFR 17.11(h) by
removing the Braken Bat Cave meshweaver from the Federal List of
Endangered and Threatened Wildlife. However, because the Braken Bat
Cave meshweaver has been synonymized under the Madla Cave meshweaver,
its status, and thus its protections under the Act, would remain the
same because the Madla Cave meshweaver is listed as endangered under
the Act. This additional locality was included in the Madla Cave
meshweaver 5-year review and did not change the status of the species
(Service 2019, p.17).
Unit 15, the area surrounding Braken Bat Cave, was designated as
critical habitat for Braken Bat Cave meshweaver in 2012. Because Braken
Bat Cave meshweaver had designated critical habitat, this rule would
also amend 50 CFR 17.95(g) to remove the Braken Bat Cave meshweaver's
designated critical habitat. This area has not yet been evaluated to
determine if it is essential to the conservation of the Madla Cave
meshweaver. Should we evaluate it in the future, proposing this unit as
critical habitat for Madla Cave meshweaver would be completed in a
subsequent rulemaking. Unit 15, however, is also critical habitat for
an endangered beetle with no common name, Rhadine infernalis.
Therefore, if we adopt this action as proposed, Unit 15 would retain
the protections of the Act as designated critical habitat for R.
infernalis.
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
[[Page 54148]]
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 Endangered Species 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 do not expect any Tribes would be
affected by this proposed delisting because there are no Tribal lands
in the range of the species.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at https://www.regulations.gov and upon request from
the Austin Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Fish and Wildlife Service's Species Assessment Team and the Austin
Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to 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.
Sec. 17.11 [Amended]
0
2. Amend Sec. 17.11(h) by removing the entry for ``Meshweaver, Braken
Bat Cave'' under ARACHNIDS from the List of Endangered and Threatened
Wildlife.
Sec. 17.95 [Amended]
0
3. In Sec. 17.95, amend paragraph (g) by removing the entry for
``Braken Bat Cave Meshweaver (Cicurina venii)''.
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-20911 Filed 9-29-21; 8:45 am]
BILLING CODE 4333-15-P
