Endangered and Threatened Wildlife and Plants; Removing the Braken Bat Cave Meshweaver From the List of Endangered and Threatened Wildlife, 51925-51928 [2022-18228]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Pages 51925-51928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18228]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2021-0054; FF09E22000 FXES1113090FEDR 223]
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: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are removing 
the Braken Bat Cave meshweaver (Cicurina venii), an arachnid, from the 
Federal List of Endangered and Threatened Wildlife (i.e., ``delisting'' 
the species) under the Endangered Species Act of 1973, as amended 
(Act), because of a taxonomic revision. This determination is based on 
our evaluation of the best available scientific and commercial 
information, which indicates that the Braken Bat Cave meshweaver is not 
a discrete taxonomic entity and does not meet the definition of a 
species as defined under the Act. The reason it does not meet the 
definition of a species is that the original data for classification of 
the Braken Bat Cave meshweaver when it was listed was in error. Braken 
Bat Cave meshweaver has been synonymized with Madla Cave meshweaver 
(Cicurina madla). Therefore, due to a taxonomic revision, Braken Bat 
Cave meshweaver is no longer a scientifically accepted species and 
cannot be listed under the Act. However, because individuals previously 
identified as Braken Bat Cave meshweaver have been synonymized under 
Madla Cave meshweaver, their status and protections under the Act 
remain the same because the Madla Cave meshweaver is listed as 
endangered under the Act.

DATES: This rule is effective September 23, 2022.

ADDRESSES: The proposed rule and this final rule are available on the 
internet at https://www.regulations.gov. Comments and materials we 
received, as well as supporting documentation we used in preparing this 
rule, are available for public inspection at https://www.regulations.gov at Docket No. FWS-R2-ES-2021-0054.

FOR FURTHER INFORMATION CONTACT: Catherine Yeargan, Acting Field 
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758; by telephone at 512-490-0057. 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 September 30, 2021, we published a proposed rule (86 FR 54145) 
to remove Braken Bat Cave meshweaver from the Federal List of 
Endangered and Threatened Wildlife (i.e., to delist the species). 
Please refer to that proposed rule for a detailed description of 
previous Federal actions concerning this species. The proposed rule and 
supplemental documents are provided at https://www.regulations.gov 
under Docket No. FWS-R2-ES-2021-0054.

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 sought the expert 
review of our September 30, 2021, proposed rule to delist the Braken 
Bat Cave meshweaver (86 FR 54145). We sent the proposed rule to three 
independent peer reviewers and received two responses. We also sent the 
rule to one partner reviewer and received a response. The purpose of 
such review is to ensure that our decisions are based on scientifically 
sound data, assumptions, and analysis.

Summary of Changes From the Proposed Rule

    In preparing this final rule, we reviewed and fully considered 
comments on our September 30, 2021, proposed rule (86 FR 54145). We did 
not receive substantial additional information during the comment 
period, and therefore we did not make any changes from the proposed 
rule in this final rule.

[[Page 51926]]

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.

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 Braken Bat Cave meshweaver 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 the Braken Bat Cave meshweaver 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, p. 38). 
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 Braken Bat Cave meshweaver; 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 Braken Bat Cave meshweaver and its habitat include 
destruction and/or deterioration of habitat by construction; filling of 
caves and karst features; increase of impermeable cover; contamination 
from 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 2004, 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.

Summary of Comments and Recommendations

    In the September 30, 2021, proposed rule (86 FR 54145), we 
requested that all interested parties submit written comments on or 
before November 29, 2021. We also contacted appropriate State agencies 
and scientific experts and invited them to comment on the

[[Page 51927]]

proposed rule. A newspaper notice inviting general public comment was 
published in the San Antonio Express-News' legal notices section on 
October 14, 2021. Although we invited requests for a public hearing in 
the rule, we did not receive any requests for a public hearing.

Peer Reviewer Comments

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), and our August 22, 2016, memorandum updating and 
clarifying the role of peer review actions under the Act, we sought the 
expert opinions of three specialists with expertise in the biology, 
habitat, and threats to the Braken Bat Cave meshweaver. We received 
responses from two experts. Both peer reviewers agreed that the Braken 
Bat Cave meshweaver should be delisted because it is no longer a 
taxonomically valid species and should be synonymized with the Madla 
Cave meshweaver. They did not provide any additional substantial 
information that would result in a change from the proposed rule.

State Agency Comments

    We received one comment from Texas Parks and Wildlife Department 
that supported our determination to delist the Braken Bat Cave 
meshweaver. The agency did not provide any further substantive 
information.

Public Comments

    We received four public comments during the comment period in 
response to the proposed rule. We reviewed all comments we received 
during the public comment period for substantive issues and new 
information regarding the proposed rule. None of the comments we 
received included new information concerning the proposed delisting of 
the Braken Bat Cave meshweaver. Two commenters supported our proposal 
to delist the Braken Bat Cave meshweaver, and the other two comments 
did not address or provide any information concerning the Braken Bat 
Cave meshweaver's delisting. We did not receive any comments opposing 
the proposed rule. Because all of the public comments we received did 
not provide any new or substantial information or pose questions to be 
addressed, they do not warrant an explicit response in this rule.

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 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)). 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 or interpretations of the data used 
at the time the species was classified were in error. Here, we have 
determined that the Braken Bat Cave meshweaver was listed based on data 
or interpretations of data that were in error; therefore, we are 
delisting it. Consideration of the Recovery Criteria for the Braken Bat 
Cave meshweaver is not appropriate because it was delisted based on a 
previous taxonomic classification error. Both the Braken Bat Cave 
meshweaver and the Madla Cave meshweaver are covered under the Bexar 
County Karst Invertebrates Recovery Plan (Service 2011, entire); the 
Braken Bat Cave meshweaver will now be addressed under that recovery 
plan as the Madla Cave meshweaver (16 U.S.C. 1533(g)(1)).

Effects of This Rule

    This final rule revises 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, remain the same because the Madla Cave 
meshweaver is listed as endangered, wherever it is found, under the 
Act. The additional Braken Bat Cave meshweaver localities were included 
in the Madla Cave meshweaver 5-year review and did not change the 
endangered status of the Madla Cave meshweaver 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 (77 FR 8450; 
February 14, 2012). Because Braken Bat Cave meshweaver has designated 
critical habitat, this rule also amends 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 and determine that it is essential for the conservation of the 
Madla Cave meshweaver, 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, Unit 15 will retain 
the protections of the Act as designated critical habitat for R. 
infernalis.

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 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 to be 
affected by this delisting because there are no Tribal lands in or near 
the range of the Braken Bat Cave meshweaver. Additionally, we did not 
receive any comments from any Tribes or Tribal members on the proposed 
rule (86 FR 54145; September 30, 2021).

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

[[Page 51928]]

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 Austin 
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 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; 16 U.S.C. 4201-4245, 
unless otherwise noted.


Sec.  17.11  [Amended]

0
2. In Sec.  17.11, at paragraph (h), amend the List of Endangered and 
Threatened Wildlife by removing the entry for ``Meshweaver, Braken Bat 
Cave'' under ARACHNIDS.


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,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-18228 Filed 8-23-22; 8:45 am]
BILLING CODE 4333-15-P