[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Rules and Regulations]
[Pages 15143-15146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05526]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2022-0006; FXES11130300000-223-FF03E00000]
1018-BE37


Endangered and Threatened Wildlife and Plants; Technical 
Corrections for Four Midwest Mussel Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Direct final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the revised 
taxonomy of four species of mussels under the Endangered Species Act of 
1973, as amended (Act). We are revising the List of Endangered and 
Threatened Wildlife and related regulations under the Act to reflect 
the scientifically accepted taxonomy and nomenclature of these species.

DATES: This rule is effective June 15, 2022 without further action, 
unless significant adverse comment is received by April 18, 2022. 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: https://www.regulations.gov. In the Search box, enter FWS-R3-ES-2022-0006, 
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.''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R3-ES-2022-0006, 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: Laura Ragan, Midwest Regional Recovery 
Coordinator, U.S. Fish and Wildlife Service, Midwest Regional Office, 
5600 American Boulevard West, Suite 990, Bloomington, MN 55437; 
telephone 612-713-5157; email [email protected]. 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:

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 Sec.  17.11(h) (50 
CFR 17.11(h)) to reflect the scientifically accepted taxonomy and 
nomenclature of four freshwater mussel species listed under section 4 
of the Act (16 U.S.C. 1531 et seq.). These changes reflect the most 
recently accepted common and scientific names in accordance with 50 CFR 
17.11(b) and (c). We are also updating the nomenclature for one of the 
species at 50 CFR 17.85.
    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

[[Page 15144]]

publish a proposed rule to initiate promulgation of those changes to 50 
CFR 17.11(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 https://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 https://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 https://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 four entries under 
``Clams'' on the current List of Endangered and Threatened Wildlife 
(``List''; 50 CFR 17.11(h)). This rule also makes slight modifications 
to two common names, and those changes have the result of changing the 
placement of these species on the List. The basis for these taxonomic 
changes is supported by published studies in peer-reviewed journals. 
Accordingly, we revise the common and scientific names of these species 
under section 4 of the Act (16 U.S.C. 1531 et seq.) as follows:

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               Species name as currently listed                      Corrected name for addition to the list
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             Common name                   Scientific name            Common name            Scientific name
----------------------------------------------------------------------------------------------------------------
Pearlymussel, Curtis.................  Epioblasma florentina    Pearlymussel, Curtis...  Epioblasma curtisii.
                                        curtisii.
Purple cat's paw (pearlymussel)......  Epioblasma obliquata     Pearlymussel, purple     Epioblasma obliquata.
                                        obliquata.               cat's paw.
Catspaw, white (pearlymussel)........  Epioblasma obliquata     Pearlymussel, white      Epioblasma perobliqua.
                                        perobliqua.              cat's paw.
Riffleshell, northern................  Epioblasma torulosa      Riffleshell, northern..  Epioblasma rangiana.
                                        rangiana.
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Taxonomic Classification

Epioblasma Curtisii

    The scientific name change of Epioblasma curtisii (Curtis 
pearlymussel) from Epioblasma florentina curtisii is supported by 
phylogenetic analyses, its distinctive shell morphology, and distinct 
geographical range. These findings support the elevation of curtisii 
from subspecies to species (Williams et al. 2017, p. 48). To the extent 
practicable, the Service relies on the Integrated Taxonomic Information 
System (ITIS) to determine a species' scientific name. ITIS 
incorporates the naming principles established by the International 
Code of Zoological Nomenclature, produced by the International 
Commission on Zoological Nomenclature, an organization that provides 
and regulates a uniform system of zoological nomenclature. While ITIS 
is a reliable database source of taxonomic information, in this 
instance ITIS is incomplete. The junior synonym, Epioblasma florentina 
curtisii, is considered to be invalid in ITIS. Upon review of ITIS's 
underlying data, we consider the information that displays the 
scientific name for Curtis pearlymussel to be incomplete as no valid 
name is provided for the species. The Service finds that the Curtis 
pearlymussel should be recognized as Epioblasma curtisii and is a valid 
listable entity. This species will continue to be listed as endangered, 
and no other aspect of the entry for this species in 50 CFR 17.11(h) 
will change as a result of this rule.

Epioblasma Obliquata

    The scientific name change of Epioblasma obliquata (purple cat's 
paw pearlymussel) from Epioblasma obliquata obliquata is supported by 
phylogenetic analyses, its distinctive shell morphology, and distinct 
geographical range. These findings support the elevation of obliquata 
from subspecies to species (Williams et al. 2017, p. 48). In ITIS, 
Epioblasma obliquata is the accepted scientific name of purple cat's 
paw pearlymussel. ITIS includes an additional common name for 
Epioblasma obliquata, catspaw, which is recognized by species experts 
as an alternate common name. This species will continue to be listed as 
endangered, and no other aspect of the entry for this species in 50 CFR 
17.11(h) will change as a result of this rule.
    In addition to the listing of purple cat's paw pearlymussel in 
Sec.  17.11(h), this species is also included in a rule that sets forth 
provisions for a nonessential experimental population of 17 mollusks in 
the Tennessee River at Sec.  17.85. Therefore, we are also revising 50 
CFR 17.85(a) to change the species' name in those regulations.

Epioblasma Perobliqua

    The scientific name change of Epioblasma perobliqua (white cat's 
paw pearlymussel) from Epioblasma obliquata perobliqua is supported by 
phylogenetic analyses, its distinctive shell morphology, and distinct 
geographical range. These findings support the elevation of perobliqua 
from subspecies to species (Williams et al. 2017, p. 48). While the 
Service often relies on ITIS as a reliable database source of taxonomic 
information, in this instance ITIS is incomplete. The junior synonym, 
Epioblasma obliquata perobliqua, is considered to be invalid in ITIS. 
Upon review of ITIS's underlying data, we consider the information that 
displays the scientific name for white cat's paw pearlymussel to be 
incomplete as no valid name is provided for the species. ITIS includes 
an additional common name for white

[[Page 15145]]

cat's paw pearlymussel, white catspaw, which is recognized by species 
experts as an alternate common name. The Service finds that the white 
cat's paw pearlymussel should be recognized as Epioblasma perobliqua 
and is a valid listable entity. This species will continue to be listed 
as endangered, and no other aspect of the entry for this species in 50 
CFR 17.11(h) will change as a result of this rule.

Epioblasma Rangiana

    The scientific name change of Epioblasma rangiana (northern 
riffleshell) from Epioblasma torulosa rangiana is supported by 
phylogenetic analyses and the lack of intergradation between E. t. 
torulosa and E. t. rangiana. These findings support the elevation of 
rangiana from subspecies to species (Cummings and Berlocher 1990, p. 
92; Williams et al. 2017, p. 48). Epioblasma rangiana is the accepted 
scientific name of northern riffleshell in ITIS. This species will 
continue to be listed as endangered, 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 https://www.regulations.gov at Docket No. FWS-R3-ES-2022-0006 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

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.


0
2. Amend Sec.  17.11, in paragraph (h), the List of Endangered and 
Threatened Wildlife, under Clams, by:
0
a. Removing both entries for ``Purple cat's paw (pearlymussel)'' and 
the entry for ``Catspaw, white (pearlymussel)'';
0
b. Revising the entry for ``Pearlymussel, Curtis'';
0
c. Adding in alphabetic order two entries for ``Pearlymussel, purple 
cat's paw'' and an entry for ``Pearlymussel, white cat's paw''; and
0
d. Revising the entry for ``Riffleshell, northern''.
    The revisions and additions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

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                                                                                              Listing citations
           Common name               Scientific name        Where listed         Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
              Clams
 
                                                  * * * * * * *
Pearlymussel, Curtis.............  Epioblasma curtisii  Wherever found.....  E               41 FR 24062, 6/14/
                                                                                              1976.
 
                                                  * * * * * * *
Pearlymussel, purple cat's paw...  Epioblasma           Wherever found,      E               55 FR 28209, 7/10/
                                    obliquata.           except where                         1990.
                                                         listed as an
                                                         experimental
                                                         population.
Pearlymussel, purple cat's paw...  Epioblasma           U.S.A. (AL--         XN              66 FR 32250, 6/14/
                                    obliquata.           specified portions                   2001; 50 CFR
                                                         of the Tennessee                     17.85(a).\10j\
                                                         River; see Sec.
                                                         17.85(a)(1)).
 
                                                  * * * * * * *
Pearlymussel, white cat's paw....  Epioblasma           Wherever found.....  E               41 FR 24062, 6/14/
                                    perobliqua.                                               1976.
 
                                                  * * * * * * *
Riffleshell, northern............  Epioblasma rangiana  Wherever found.....  E               58 FR 5638, 1/22/
                                                                                              1993.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. In Sec.  17.85, in paragraph (a) introductory text, amend the table 
by removing the entry for ``catspaw (purple cat's paw pearlymussel)'' 
and adding in its place an entry for ``purple cat's paw pearlymussel'' 
to read as follows:


Sec.  17.85  Special rules--invertebrates.

    (a) * * *

------------------------------------------------------------------------
              Common name                        Scientific name
------------------------------------------------------------------------
 
                              * * * * * * *
purple cat's paw pearlymussel..........  Epioblasma obliquata.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 15146]]

* * * * *

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-05526 Filed 3-16-22; 8:45 am]
BILLING CODE 4333-15-P