You are on page 1of 41

54298 Federal Register / Vol. 86, No.

187 / Thursday, September 30, 2021 / Proposed Rules

DEPARTMENT OF THE INTERIOR longer extant and, as such, no longer SUPPLEMENTARY INFORMATION). Then,
meet the definition of an endangered click on the Search button. On the
Fish and Wildlife Service species or a threatened species under resulting page, in the Search panel on
the Endangered Species Act of 1973, as the left side of the screen, under the
50 CFR Part 17 amended (Act). We are seeking Document Type heading, check the
[FF09E22000 FXES11130900000 201] information and comments from the Proposed Rule box to locate this
public regarding this proposed rule. document. You may submit a comment
RIN 1018–BC98 by clicking on ‘‘Comment Now!’’
DATES: We will accept comments
Endangered and Threatened Wildlife received or postmarked on or before (2) By hard copy: Submit by U.S. mail
and Plants; Removal of 23 Extinct November 29, 2021. Comments to: Public Comments Processing, Attn:
Species From the Lists of Endangered submitted electronically using the [Insert appropriate docket number; see
and Threatened Wildlife and Plants Federal eRulemaking Portal (see table under Public Comments in
ADDRESSES, below) must be received by SUPPLEMENTARY INFORMATION], U.S. Fish
AGENCY: Fish and Wildlife Service, 11:59 p.m. Eastern Time on the closing and Wildlife Service, MS: PRB/3W,
Interior. date. We must receive requests for a 5275 Leesburg Pike, Falls Church, VA
ACTION: Proposed rule. public hearing, in writing, at the address 22041–3803.
shown in FOR FURTHER INFORMATION We request that you send comments
SUMMARY: We, the U.S. Fish and
CONTACT by November 15, 2021. only by the methods described above.
Wildlife Service (Service), propose to
ADDRESSES: You may submit comments
We will post all comments on http://
remove 23 species from the Federal
by one of the following methods: www.regulations.gov. This generally
Lists of Endangered and Threatened
means that we will post any personal
Wildlife and Plants due to extinction. (1) Electronically: Go to the Federal
information you provide us (see Public
This proposal is based on a review of eRulemaking Portal: http://
Comments, below, for more
the best available scientific and www.regulations.gov. In the Search box,
information).
commercial information, which enter the appropriate docket number
indicates that these species are no (see table under Public Comments in FOR FURTHER INFORMATION CONTACT:

Species Contact information

Bridled white-eye, Kauai akialoa, Kauai nukupuu, Kauai ‘o‘o Earl Campbell, Field Supervisor, Pacific Islands Fish and Wildlife Of-
(honeyeater), large Kauai thrush (kama), little Mariana fruit bat, Maui fice, 808–792–9400, 300 Ala Moana Boulevard, Suite 3–122, Hono-
akepa, Maui nukupuu, Molokai creeper (kakawahie), Phyllostegia lulu, HI 96850.
glabra var. lanaiensis (no common name), and po‘ouli
(honeycreeper).
Bachman’s warbler ................................................................................... Thomas McCoy, Field Supervisor, South Carolina Field Office, 843–
300–0431, 176 Croghan Spur, Charleston, SC 29407.
Flat pigtoe, southern acornshell, stirrupshell, and upland combshell ...... Stephen Ricks, Field Supervisor, Mississippi Field Office, 601–321–
1122, 6578 Dogwood View Parkway, Suite A, Jackson, MS 39213.
Green blossom (pearly mussel), tubercled blossom (pearly mussel), Daniel Elbert, Field Supervisor, Tennessee Field Office, 931–528–
turgid blossom (pearly mussel), and yellow blossom (pearly mussel). 6481, Interior Region 2—South Atlantic-Gulf (Tennessee), 446 Neal
Street, Cookeville, TN 38506.
Ivory-billed woodpecker ............................................................................ Joe Ranson, Field Supervisor, Louisiana Field Office, 337–291–3113,
200 Dulles Dr., Lafayette, LA 70506.
San Marcos gambusia .............................................................................. Adam Zerrenner, Field Supervisor, Austin Ecological Services Field Of-
fice, 512–490–0057 (ext. 248), 10711 Burnet Rd., Suite 200, Austin,
Texas 78758.
Scioto madtom .......................................................................................... Patrice Ashfield, Field Supervisor, Ohio Ecological Services Field Of-
fice, 614–416–8993, 4625 Morse Road, Suite 104, Columbus, OH
43230.

Persons who use a if, after conducting a status review available information indicates that a
telecommunications device for the deaf based on the best scientific and species is extinct.
(TDD) may call the Federal Relay commercial data available, we
Information Requested
Service at 800–877–8339. determine that the species is extinct.
SUPPLEMENTARY INFORMATION: The 23 species within this proposed Public Comments
rule are currently listed as endangered We intend that any final rule resulting
Executive Summary or threatened; we are proposing to delist from this proposal will be based on the
Why we need to publish a rule. them due to extinction. We can only best available scientific and commercial
Section 4 of the Act (16 U.S.C. 1533) delist a species by issuing a rule to do data and will be as accurate and
and its implementing regulations in title so. effective as possible. Therefore, we
50 of the Code of Federal Regulations What this document does. We request comments or information from
LOTTER on DSK11XQN23PROD with PROPOSALS2

(50 CFR part 424) set forth the propose to remove 23 species from the other concerned governmental agencies,
procedures for adding species to, Lists due to extinction. Native American Tribes, the scientific
removing species from, or reclassifying The basis for our action. We may community, industry, or any other
species on the Federal Lists of determine that a species should be interested parties concerning this
Endangered and Threatened Wildlife removed from the List because it no proposed rule. Comments should be as
and Plants (List or Lists) in 50 CFR part longer meets the definition of an specific as possible. We are specifically
17. Under our regulations at 50 CFR endangered species or a threatened requesting comments on any additional
424.11(e)(1), a species shall be delisted species, including whether the best information on whether these species

VerDate Sep<11>2014 19:57 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54299

are extant or extinct. This information (c) Last sighting of the species although noted, will not be considered
can include: including a description of location of in making a determination, as section
(1) Any information that indicates the sighting, the type of sighting (e.g., 4(b)(1)(A) of the Act directs that
whether the best available information visual or auditory), length of time since determinations as to whether any
supports a determination that one of the last detection, and the frequency of last species is an endangered or a threatened
species is or is not extinct, including: sightings. species must be made ‘‘solely on the
(a) Biological or ecological (2) Factors that may have resulted in basis of the best scientific and
requirements as it relates to the the extinction of the species, which may commercial data available.’’
detectability of the species, including include habitat modification or
but not limited to: Lifespan, life stage, destruction, overutilization, disease, You may submit your comments and
maturation period, physical description predation, the inadequacy of existing materials concerning this proposed rule
and ease of identification, vocalization, regulatory mechanisms, or other natural by one of the methods listed in
and habitat requirements for feeding, or manmade factors. ADDRESSES. We request that you send
breeding, and sheltering; Please include sufficient information comments only by the methods
(b) Survey efforts past and current with your submission (such as scientific described in ADDRESSES.
including information on how extensive journal articles or other publications) to You may submit your comments or
the surveys were, the methodology used allow us to verify any scientific or
materials electronically, or view a
in the survey, and how effective were commercial information you include.
the methods used to detect the species Please note that submissions merely detailed description of the basis for a
(i.e., were the surveys designed to stating support for, or opposition to, the species determination, on the internet at
effectively detect the species if it is action under consideration without http://www.regulations.gov under the
present in the area?); or providing supporting information, following docket numbers:

Species Docket No.

Kauai akialoa ............................................................................................................................................................. FWS–R1–ES–2020–0104


Kauai nukupuu ........................................................................................................................................................... FWS–R1–ES–2020–0104
Kauai ‘o‘o (honeyeater) ............................................................................................................................................. FWS–R1–ES–2020–0104
Large Kauai thrush (kam’a) ....................................................................................................................................... FWS–R1–ES–2020–0104
Maui akepa ................................................................................................................................................................ FWS–R1–ES–2020–0104
Maui nukupuu ............................................................................................................................................................ FWS–R1–ES–2020–0104
Molokai creeper (kakawahie) ..................................................................................................................................... FWS–R1–ES–2020–0104
Po‘ouli (honeycreeper) ............................................................................................................................................... FWS–R1–ES–2020–0104
Bridled white-eye ....................................................................................................................................................... FWS–R1–ES–2020–0104
Little Mariana fruit bat ................................................................................................................................................ FWS–R1–ES–2020–0104
Phyllostegia glabra var. lanaiensis (no common name) ........................................................................................... FWS–R1–ES–2020–0104
San Marcos gambusia ............................................................................................................................................... FWS–R2–ES–2020–0105
Scioto madtom ........................................................................................................................................................... FWS–R3–ES–2020–0106
Flat pigtoe .................................................................................................................................................................. FWS–R4–ES–2020–0107
Southern acornshell ................................................................................................................................................... FWS–R4–ES–2020–0107
Stirrupshell ................................................................................................................................................................. FWS–R4–ES–2020–0107
Upland combshell ...................................................................................................................................................... FWS–R4–ES–2020–0107
Green blossom (pearly mussel) ................................................................................................................................ FWS–R4–ES–2020–0108
Tubercled blossom (pearly mussel) .......................................................................................................................... FWS–R4–ES–2020–0108
Turgid blossom (pearly mussel) ................................................................................................................................ FWS–R4–ES–2020–0108
Yellow blossom (pearly mussel) ................................................................................................................................ FWS–R4–ES–2020–0108
Ivory-billed woodpecker ............................................................................................................................................. FWS–R4–ES–2020–0109
Bachman’s warbler .................................................................................................................................................... FWS–R4–ES–2020–0110

Supporting information used to Because we will consider all a public hearing on this proposal, if
prepare the determinations, as well as comments and information we receive requested, and announce the date, time,
comments and materials we receive, during the comment period, our final and place of the hearing, as well as how
will be available for public inspection determinations may differ from this to obtain reasonable accommodations,
on http://www.regulations.gov, or by proposal. Based on the new information in the Federal Register and local
contacting the appropriate person, as we receive (and any comments on that newspapers at least 15 days before the
specified under FOR FURTHER new information), we may conclude that hearing. For the immediate future, we
INFORMATION CONTACT. the species should remain listed as will provide these public hearings using
If you submit information via http:// endangered or threatened, or reclassify webinars that will be announced on the
www.regulations.gov, your entire from threatened to endangered, instead Service’s website, in addition to the
submission—including any personal of being delisted because new evidence Federal Register. The use of these
identifying information—will be posted indicates that it is not extinct. virtual public hearings is consistent
on the website. If your submission is with our regulations at 50 CFR
LOTTER on DSK11XQN23PROD with PROPOSALS2

made via a hardcopy that includes Public Hearing


424.16(c)(3).
personal identifying information, you Section 4(b)(5) of the Act provides for
may request at the top of your document a public hearing on this proposal, if Peer Review
that we withhold this information from requested. Requests must be received by In accordance with our policy,
public review. However, we cannot the applicable date specified in DATES. ‘‘Notice of Interagency Cooperative
guarantee that we will be able to do so. Such requests must be sent to the Policy for Peer Review in Endangered
We will post all hardcopy submissions address shown in FOR FURTHER Species Act Activities,’’ which was
on http://www.regulations.gov. INFORMATION CONTACT. We will schedule published on July 1, 1994 (59 FR 34270)

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54300 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

and our August 22, 2016, Director’s are extinct allows us to allocate include information from recognized
Memorandum ‘‘Peer Review Process,’’ resources responsibly for on-the-ground experts; Federal, State, and Tribal
we will seek, or have sought, the expert conservation efforts, recovery planning, governments; academic institutions;
opinion of at least three appropriate and 5-year reviews, and other protections for foreign governments; private entities;
independent specialists regarding species that are extant and will therefore and other members of the public.
scientific data and interpretations benefit from those actions. The 5-year reviews of these species
contained in this proposed rule for each contain more detailed biological
Regulatory and Analytical Framework
species or group of species. In certain information on each species. This
cases, species will be grouped together Section 4 of the Act (16 U.S.C. 1533) supporting information can be found on
for peer review based on similarities in and its implementing regulations (50 the internet at http://
biology or geographic occurrences. We CFR part 424) set forth the procedures www.regulations.gov under the
will send copies of the five-year species for adding species to, removing species appropriate docket number (see table
status reviews to the peer reviewers from, or reclassifying species on the under Public Comments, above). The
immediately following publication in Lists. Our regulations (50 CFR 424.11(e)) following information summarizes the
the Federal Register. We will ensure state that the Secretary shall delist a analyses for each of the species
that the opinions of peer reviewers are species if the Secretary finds that, after proposed for delisting by this rule.
objective and unbiased by following the conducting a status review based on the
guidelines set forth in the Director’s best scientific and commercial data Summary of Biological Status and
Memo, which updates and clarifies available: Threats
Service policy on peer review (U.S. Fish (1) The species is extinct; Mammals
and Wildlife Service 2016). The purpose (2) The species does not meet the
of such review is to ensure that our definition of an endangered species or a
Little Mariana Fruit Bat (Pteropus
decisions are based on scientifically threatened species. In making such a tokudae)
sound data, assumptions, and analysis. determination, we consider the same five I. Background
Accordingly, our final decisions may factors and apply the same standards set
forth as for listing and reclassification; or The little Mariana fruit bat (Pteropus
differ from this proposal. (3) The listed entity does not meet the tokudae) was listed as endangered on
Background statutory definition of a species. August 27, 1984 (49 FR 33881), and was
Section 4(c) of the Act requires the In this proposed rule, we use the included in the Recovery Plan for
Service to maintain and publish Lists of commonly understood biological Mariana Fruit Bat (Pteropus mariannus,
Endangered and Threatened Species. definition of ‘‘extinction’’ as meaning or fanihi in the Chamorro language) and
This includes delisting species that are that no living individuals of the species the Little Mariana Fruit Bat (USFWS
extinct or presumed extinct based on remain in existence. A determination of 1990). Last observed in 1968, the little
the best scientific and commercial data extinction will be informed by the best Mariana fruit bat was ‘‘among the most
available. The Service can decide to available information to indicate that no critically endangered species of wildlife
delist a species presumed extinct on its individuals of the species remain alive, under U.S. jurisdiction,’’ as noted in the
own initiative, as a result of a 5-year either in the wild or captivity. This is 1984 final listing rule (49 FR 33881,
review under section 4(c)(2) of the Act, in contrast to ‘‘functional extinction,’’ August 27, 1984, p. 49 FR 33882), which
or because we are petitioned to delist where individuals of the species remain cited hunting and loss of habitat as the
due to extinction. Congress made clear alive but the species is no longer viable primary factors contributing to its rarity.
that an integral part of the statutory and/or no reproduction will occur (e.g., Three 5-year status reviews have been
framework is for the Service to make any remaining females cannot completed; the 2009 (initiated on March
delisting decisions when appropriate reproduce, only males remain, etc.). 8, 2007; see 72 FR 10547) and 2015
and revise the Lists accordingly. For In our analyses, we attempted to (initiated on February 5, 2013; see 78 FR
example, section 4(c)(1) of the Act minimize the possibility of either (1) 8185) reviews did not recommend a
requires the Service to revise the Lists prematurely determining that a species change in status (USFWS 2009b, 2015).
to reflect recent determinations, is extinct where individuals exist but The 5-year status review completed in
designations, and revisions. Similarly, remain undetected, or (2) assuming the 2019 (initiated on May 7, 2018; see 83
section 4(c)(2) requires the Service to species is extant when extinction has FR 20088) recommended delisting due
review the lists at least every 5 years; already occurred. Our determinations of to extinction likely resulting from
determine, based on those reviews, whether the best available information habitat loss, poaching, and predation by
whether any species should be delisted indicates that a species is extinct the brown tree snake (Boiga irregularis).
or reclassified; and, if so, apply the included an analysis of the following This recommendation was based on a
same standards and procedures as for criteria: Detectability of the species, reassessment of all available
listings under sections 4(a) and 4(b). adequacy of survey efforts, and time information for the species, coupled
Finally, to make a finding that a since last detection. All three criteria with an evaluation of population trends
particular action is warranted but require taking into account applicable and threats affecting the larger, extant
precluded, the Service must make two aspects of species’ life history. Other Mariana fruit bat, which likely shares
determinations: (1) That the immediate lines of evidence may also support the similar behavioral and biological traits
proposal and timely promulgation of a determination and be included in our and provides important context for the
final regulation is precluded by pending analysis. historical decline of the little Mariana
LOTTER on DSK11XQN23PROD with PROPOSALS2

proposals to determine whether any In conducting our analyses of whether fruit bat. (USFWS 2019).
species is endangered or threatened; and these species are extinct, we considered The little Mariana fruit bat was first
(2) that expeditious progress is being and thoroughly evaluated the best described from a male type specimen
made to add qualified species to either scientific and commercial data collected in August 1931 (Tate 1934, p.
of the Lists and to remove species from available. We reviewed the information 1). Its original scientific name, Pteropus
the Lists (16 U.S.C. 1533(b)(3)(B)(iii)). available in our files, and other tokudae, remains current. Only three
Delisting species that will not benefit available published and unpublished confirmed observations of the little
from the Act’s protections because they information. These evaluations may Mariana fruit bat existed in the

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54301

literature based on collections of three over the forest during the daytime in a distance of 164 feet (50 meters) and
specimens: Two males in 1931 (Tate Guam (Wiles 1987, p. 150). Just 10 years survey only downwind of roost sites
1934, p. 3), and a female in 1968 (Perez later (when the first two little Mariana (Mildenstein and Boland 2010, pp. 12–
1972, p. 146), all on the island of Guam fruit bat specimens were collected), fruit 13; Mildenstein and Johnson 2017, pp.
where it was presumably endemic. bats were uncommon on the island 55, 86). Additionally, Pteropus spp.
Despite the dearth of confirmed (Wiles 1987, p. 150), and were found typically sleep during the day and do
collections and observations, two mostly in northern Guam; introduced not vocalize, and flying individuals may
relatively recent studies have confirmed firearms may have been a contributing be easily counted twice due to their
the taxonomic validity of the little factor in their decline because they foraging patterns (Utuzurrum et al.
Mariana fruit bat, via morphology increased the efficiency of hunting 2003, p. 54).
(Buden et al. 2013, entire) and genetics (Wiles 1987, p. 150). Survey Effort
(Almeida et al. 2014, entire). A study of
the physical morphology of several II. Information on Detectability, Survey Historically, surveys to estimate
Micronesia Pteropus spp., including all Effort, and Time Since Last Detection colonial fruit bat numbers have
three known little Mariana fruit bat Species Detectability generally involved two relatively simple
specimens, concluded that the species and inexpensive methods, direct counts
The little Mariana fruit bat was much and station counts (or departure, or exit
was a distinct taxon (Buden et al. 2013, smaller than the related Mariana fruit
entire). Subsequently, genetic analysis counts) (Utuzurrum et al. 2003, pp. 53–
bat (Tate 1934, p. 2; Perez 1972, p. 146; 54). With direct counts, surveyors
of skin samples from 50 of the 63 Buden et al. 2013, pp. 109–110). Adult
described Pteropus species supported attempt to determine the number of bats
bats measured approximately 5.5 to 5.9 in a roosting colony (or individual bats)
the Mariana little fruit bat’s taxonomic inches (in) (14 to 15.1 centimeters (cm))
distinctness (Almeida et al. 2014, at a single site during the day. Direct
in head-body length, with a wingspan of counts usually involve use of binoculars
entire).
approximately 25.6 to 27.9 in (650 to or a spotting scope, depending on the
The little Mariana fruit bat belonged
to a primarily tropical group of bats in 709 mm). The adults weighed observation distance from the colony or
the Megachiroptera suborder approximately 5.36 ounces (152 grams). individuals (Kunz et al. 1996; Eby et al.
characterized by relatively large size, Although primarily dark brown in color, 1999; Garnett et al. 1999; Worthington
frugivorous diet (fruit-eating), and lack the little Mariana fruit bat showed some et al. 2001 as cited in Mildenstein and
of echolocation. Its genus, Pteropus, variation on the neck and head which Boland 2010, pp. 2–3). Conversely,
comprises 63 species, including many could appear pale gold and grayish or surveyors conduct exit counts in the late
coastal species endemic to Pacific yellowish-brown in color. Because of afternoon to early evening when bats
islands (Almeida et al. 2014, pp. 83–84). their small size (O’Shea and Bogan begin to depart from the roost site for
Given the homogeneity of life-history 2003, pp. 49, 254; USFWS 2009, p. 55), evening foraging. Exit counts are
traits within the Pteropus genus, we it is possible that adult little Mariana typically conducted at locations with
expect that the little Mariana fruit bat fruit bats were historically confused wide and unimpeded views of either
exhibited similar behavior and life with juvenile fruit bats. Therefore, areas known to contain colonies, or
history to other members of the genus, historical accounts of the species may forested areas that would likely serve as
including group roosting and foraging have been underrepresented (Perez roost sites for bats. Occasionally,
within forest habitat, lengthy care of few 1972, p. 143; Wiles 1987, p. 15). surveyors may conduct both exit and
offspring, and slow population growth The challenges of surveying for the direct counts by boat or by air with a
(USFWS 1990, p. 7; Wiles 1987, p. 154). Mariana fruit bat and most Pteropus helicopter. More recently, direct and
Lifespan for the little Mariana fruit bat spp. (including in theory, the little exit count surveys involve use of
is unknown, but the Mariana fruit bat Mariana fruit bat) are numerous. computers and digital photography to
may survive for 30 years in captivity Mariana fruit bats sleep during the day aid the process (Mildenstein and Boland
(USFWS 2020, unpaginated) and other in canopy emergent trees, either 2010, pp. 2–3).
bats within the genus live between 14 solitarily or within colonial aggregations By 1945, fruit bats were difficult to
and 40 years. In the most recent 5-year that may occur across several acres locate even in the northern half of
review completed in 2019, we drew (O’Shea and Bogan 2003, p. 254; Guam, where they were largely confined
upon our knowledge of the larger and Utzurrum et al. 2003, p. 49; USFWS to forested cliff lines along the coasts
still extant Mariana fruit bat’s biology to 2009, p. 269). The tropical islands (Baker 1948, p. 54). During surveys
extrapolate a likely timeline and where many tropical fruit bats (Pteropus conducted between 1963 and 1968, the
explanation for the little Mariana fruit spp.) are located have widely diverse Guam Division of Aquatic and Wildlife
bat’s rarity, decline, and eventual and steeply topographical habitat, Resources (DAWR) confirmed that bats
extinction. making surveys difficult. Additionally, were declining across much of Guam
The earliest available scientific most Pteropus spp. choose roost sites and were absent in the south. It was also
literature indicates that the little (both colonial and individual) that during these same field studies that the
Mariana fruit bat was always likely rare, occur in locations difficult for people to third and last little Mariana fruit bat was
as suggested by written accounts of the reach, such as adjacent to steep collected in northern Guam in 1968
species first recorded in the early 1900s cliffsides in remote forest areas (Wilson (Baker 1948, p. 146).
(Baker 1948, p. 54; Perez 1972, pp. 145– and Graham 1992, p. 65). The selection Increased survey efforts during the
146; Wiles 1987, p 154). In addition to of roost sites in these areas is likely both late 1970s and early 1980s reported no
LOTTER on DSK11XQN23PROD with PROPOSALS2

possibly having been inherently rare, as a result of their evolved biology (for confirmed sightings of the little Mariana
suggested by the literature, a concurrent example to take advantage of updrafts fruit bat (Wheeler and Aguon 1978,
decline in the little Mariana fruit bat for flight (Wilson and Graham 1992, p. entire; Wheeler 1979, entire; Wiles
population likely occurred during the 4)) and learned behavior to avoid 1987, entire; Wiles 1987, pp. 153–154).
well-documented decrease in Mariana poachers (USFWS 2009, pp. 24–25; When the little Mariana fruit bat was
fruit bat abundance on Guam in the Mildenstein and Johnson 2017, p. 36). listed as endangered (49 FR 33881;
1900s. In 1920, it was ‘‘not an To avoid triggering this avoidance August 27, 1984), we noted that the
uncommon sight’’ to see fruit bats flying behavior, surveyors must generally keep species was on the verge of extinction

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54302 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

and had not been verifiably observed 2017, pp. 54, 68). This behavior likely of its life history and the challenges
after 1968. When we published a joint allowed hunters and (later) poachers to presented by its small population size,
recovery plan for the little Mariana fruit easily locate and kill the little Mariana we conclude that the little Mariana fruit
bat and the Mariana fruit bat in 1990, fruit bat and, with the introduction of bat was extremely susceptible to
we considered the little Mariana fruit firearms, kill them more efficiently predation by the brown tree snake.
bat already extinct based upon the (Wiles 1987, pp. 151, 154; USFWS 2009,
IV. Conclusion
available literature (USFWS 1990, p. 7). pp. 24–25; Mildenstein and Johnston
During the 1990s, researchers 2017, pp. 41–42). The vulnerability of At the time of listing in 1984, hunting
recorded decreasing Mariana fruit bat the entire genus Pteropus is evidenced and loss of habitat were considered the
numbers on Guam and increasing by the fact that 6 of the 62 species in primary threats to the little Mariana
fatalities of immature bats. They this genus have become extinct in the fruit bat. The best available information
hypothesized the decline was due to last 150 years (including the little now indicates that the little Mariana
predation by the brown tree snake Mariana fruit bat). The International fruit bat is extinct. The species appears
(Wiles et al. 1995, pp. 33–34, 39–42). Union for Conservation of Nature to have been vulnerable to pervasive,
With bat abundance continuing to (IUCN) categorizes an additional 37 rangewide threats including habitat loss,
decline in the 2000s, researchers now species in this genus at risk of poaching, and predation by the brown
estimate the island’s Mariana fruit bat extinction (Almeida et al. 2014, p. 84). tree snake. Since its last detection in
population currently fluctuates between In discussing survey results for the 1968, qualified observers have
15 and 45 individuals (Mildenstein and Mariana fruit bat in the late 1980s, conducted surveys and searches
Johnson 2017, p. 24; USFWS 2017, p. experts wrote that the level of illegal throughout the range of the little
54). Even if the little Mariana fruit bat poaching of bats on Guam remained Mariana fruit bat but have not detected
persisted at undetectable numbers for extremely high, despite the the species. Available information
some time after its last confirmed establishment of several legal measures indicates that the species was not able
collection in 1968, it is highly likely the to protect the species beginning in 1966 to persist in the face of anthropogenic
little Mariana fruit bat experienced the (Wiles 1987, p. 154). They also wrote and environmental stressors, and we
same pattern of decline that we are now about the effects of brown tree snake conclude that the best available
seeing in the Mariana fruit bat. predation on various fruit bats species scientific and commercial information
(Savidge, 1987, entire; Wiles 1987, pp. indicates that the species is extinct.
Time Since Last Detection
155–156). To date, there is only one Birds
As stated above, the little Mariana documented instance of brown tree
fruit bat was last collected in northern snake actually preying on the Mariana Bachman’s Warbler (Vermivora
Guam in 1968 (Baker 1948, p. 146). fruit bat; in that case, three young bats bachmanii)
Intensive survey efforts conducted by were found within the stomach of a
Guam DAWR and other researchers in I. Background
snake (Wiles 1987, p. 155). However,
subsequent decades have failed to locate immature Pteropus pups are particularly The Bachman’s warbler (Vermivora
the species. Decades of monthly (and, vulnerable to predators between bachmanii) was listed on March 11,
later, annual) surveys for the related approximately 3 weeks and 3 months of 1967 (32 FR 4001), as endangered under
Mariana fruit bat by qualified personnel age. During this timeframe, the mother the Endangered Species Preservation
in northern Guam have failed to detect bats stop taking their young with them Act of 1966, as a result of the loss of
the little Mariana fruit bat (Wheeler and while they forage in the evenings, breeding and wintering habitat. Two 5-
Aguon 1978, entire; Wheeler 1979, leaving them alone to wait at their roost year reviews were completed for the
entire; Wiles 1987, entire; Wiles 1987, tree (Wiles 1987, p. 155). species on February 9, 2007 (initiated
pp. 153–154; USFWS 1990, p. 7). Only three specimens of little Mariana on July 26, 2005; see 70 FR 43171), and
fruit bat have ever been collected, all on May 6, 2015 (initiated on September 23,
III. Analysis 2014; see 79 FR 56821). Both 5-year
the island of Guam, and no other
Like the majority of bat species in the confirmed captures or observations of reviews recommended that if the
genus Pteropus, specific biological traits this species exist. Based on the earliest species was not detected within the
likely exacerbated the little Mariana records, the species was already rare in following 5 years, it would be
fruit bat’s susceptibility to human the early 1900s. Therefore, since its appropriate to delist due to extinction.
activities and natural events (Wilson discovery, the little Mariana fruit bat The Bachman’s warbler was first
and Graham 1992, pp. 1–8). For likely experienced greater susceptibility named in 1833 as Sylvia bachmanii
example, low fecundity in the genus to a variety of factors because of its based on a bird observed in a swamp
due to late reproductive age and small small population size. Predation by the near Charleston, South Carolina (AOU
broods (1 to 2 young annually) inhibits brown tree snake, alteration and loss of 1983, pp. 601–602). The Bachman’s
population rebound from catastrophic habitat, increased hunting pressure, and warbler was among the smallest
events such as typhoons, and from slow possibly competition with the related warblers with a total length of 11.0 to
progression of habitat loss and hunting Mariana fruit bat for the same resources 11.5 centimeters (cm) (4.3 to 4.5 inches
pressure that we know occurred over under the increasingly challenging (in)). The species was found in the
time. The tendency of Pteropus bats to conditions contributed to the species’ southeastern portions of the United
roost together in sizeable groups or decreased ability to persist. States from the south Atlantic and Gulf
colonies in large trees rising above the It is highly likely the brown tree Coastal Plains, extending inland in
LOTTER on DSK11XQN23PROD with PROPOSALS2

surrounding canopy makes them easily snake, the primary threat thought to be floodplains of major rivers (eastern
detected by hunters (Wilson and the driver of multiple bird and reptile Texas, Louisiana, Arkansas, bootheel of
Graham 1992, p. 4). Additionally, species extirpations and extinctions on Missouri, Alabama, Georgia, North and
Pteropus bats show a strong tendency Guam, has been present throughout the South Carolinas, Virginia, and flyovers
for roost site fidelity, often returning to little Mariana fruit bat’s range for at in Florida). However, breeding was
the same roost tree year after year to least the last half-century, and within documented only in northeast Arkansas,
raise their young (Wilson and Graham the last northern refuge in northern southeast Missouri, southwest
1992, p. 4; Mildenstein and Johnson Guam since at least the 1980s. Because Kentucky, central Alabama, and

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54303

southeast South Carolina. Bachman’s birds made positive identification occurred, but could not be documented
warbler was a neotropical migrant; difficult (Hamel and Gauthreaux 1982, sufficiently to meet acceptability criteria
historically, the bulk of the species’ p. 235). Additionally, females were established for the study (Hamilton
population left the North American much more difficult to identify because 1989, as cited in Service 2015, p. 4).
mainland each fall for Cuba and Isle of variability in plumage was greater. An experienced birder reported
Pines (Dingle 1953, pp. 67–68, 72–73). Immature females were also most likely multiple, possible sightings of
Available information indicates that to be confused with other similarly drab Bachman’s warbler at Congaree National
migratory habitat preferences differed warblers. The song of the Bachman’s Park, South Carolina, in 2000 and 2001.
from winter and breeding habitat warbler was a zeep or buzzy zip given These included hearing a male and
preferences in that the bird used or by both sexes (Hamel 2020, Sounds and seeing a female. In 2002, the National
tolerated a wider range of conditions Vocal Behavior). This species may have Park Service partnered with the Service
and vegetative associations during been difficult to differentiate on call and the Atlantic Coast Joint Venture to
migration. Historical records indicate alone, as its call was somewhat investigate these reports. Researchers
the Bachman’s warbler typically nested reminiscent of the pulsating trill of the searched over 3,900 acres of forest
in low, wet, forested areas containing northern parula (Parula americana) during 166 hours of observation in
variable amounts of water, but usually (Curson et al. 1994, p. 95), and only two March and April; however, no
with some permanent water. While it is recordings exist from the 1950s (Hamel Bachman’s warbler sightings or
not definitively known, it is thought 2018, p. 32) to guide ornithologists on vocalizations were confirmed. As noted
that they preferred small edges created distinguishing it this way. Despite the previously, females and immature birds
by fire or storms with a dense fact that it could be mistaken for the are difficult to positively identify. Males
understory of the cane species northern parula, Bachman’s warbler was (when seen) are more easily
Arundinaria gigantea and palmettos. of high interest to birders, and guides distinguishable from other species.
Nests were typically found in shrubs have been published specifically to aid Researchers trying to verify the sightings
low to the ground from late March in field identification (Hamel and traced several promising calls back to
through June, and average known clutch Gauthreaux 1982, entire). As a result, northern parulas and finally noted that
size was 4.2 +/¥0.7 (with a range of 3 substantial informal and formal effort they were confident the species would
to 5) (Hamel 2018, pp. 14–15). During has been expended searching for the have been detected had it been present
the winter in Cuba, it was found in a bird and verifying potential sightings as (Congaree National Park 2020, p. 3).
wider variety of habitats across the outlined below (see ‘‘Survey Effort’’). In several parts of the Bachman’s
island including forests, ranging from warbler’s range, relatively recent
Survey Effort searches (since 2006) for ivory-billed
dry, semi-deciduous forests to wetlands,
and even in forested urban spaces Although Bachman’s warbler was first woodpecker also prompted more
(Hamel 1995, p. 5). Life expectancy is described in 1833, it remained relatively activity in appropriate habitat for
unnoticed for roughly the next 50 years. Bachman’s warbler. Although much of
unknown, but other warbler species live
Population estimates are qualitative in the search period for ivory-billed
for 3 to 11 years (Klimkiewicz et al.
nature and range from rare to abundant woodpecker is during the winter, the
1983, pp. 292–293).
(Service 1999, pp. 4–448). Populations searches usually continue until the end
II. Information on Detectability, Survey were probably never large and were of April, when Bachman’s warbler
Effort, and Time Since Last Detection found in ‘‘some numbers’’ between 1890 would be expected in the breeding
Species Detectability and 1920, but afterwards populations range. Therefore, because Bachman’s
appeared to be very low (Hamel 2018, warbler habitat overlaps ivory-billed
The Bachman’s warbler was one of pp. 16–18). For instance, several singing woodpecker habitat, the probability that
the smallest warblers with a total length males were reported in Missouri and Bachman’s warbler would be detected,
of 11.0 to 11.5 cm. The bill was slender Arkansas in 1897 (Widmann 1897, p. if present, has recently increased
with a slight downward curve in both 39), and Bachman’s warbler was seen as (Service 2015, pp. 5–6). Further, in
sexes and was a unique feature within a migrant along the lower Suwannee general, substantial informal effort has
the genus. The male was olive-green River in flocks of several species been expended searching for Bachman’s
above with yellow forehead, lores, eye- (Brewster and Chapman 1891, p. 127). warbler because of its high interest
ring, chin, and underparts; a black The last confirmed nest was among birders (Service 2015, p. 5). In
throat and crown; and dusky wings and documented in 1937 (Curson et al. 1994, spite of these efforts, Bachman’s warbler
tail. Males also had a yellow shoulder p. 96). A dramatic decline occurred has not been observed in the United
patch and bright rump. Generally, while sometime between the early 1900s and States in more than three decades.
similar, plumage of females was paler. 1940 or 1950. Recognition of this In Cuba, the species’ historical
Females lacked any black coloration and decline resulted in the 1967 listing of wintering range, the last ornithologist to
had olive green upperparts with yellow the species (32 FR 4001; March 11, see the species noted that the species
forehead and underparts. The eye-ring 1967) under the Endangered Species was observed twice in the 1960s in the
was whiter than in the males, and the Preservation Act of 1966. Zapata Swamp: One sighting in the area
crown was grayish. The dark patch on Between 1975 and 1979, an of a modern-day hotel in Laguna del
the throat was usually missing and the exhaustive search was conducted in Tesoro and the other one in the Santo
eye-ring was pale. Females had a buffy South Carolina, Missouri, and Arkansas. Tomas, Zanja de la Cocodrila area. Some
or bright yellowish forehead and a gray No Bachman’s warblers were located later potential observations (i.e., 1988)
LOTTER on DSK11XQN23PROD with PROPOSALS2

crown with no black; a whitish or white (Hamel 1995, p. 10). The last (though in the same areas were thought to be a
crissum; and less pronounced white unconfirmed) sighting in Florida was female common yellowthroat (Navarro
spots on the tail (Hamel and Gauthreaux from a single bird observed near 2020, pers. comm.). A single bird was
1982, pp. 235–239; Hamel 1995, p. 2). Melbourne in 1977. In 1989, an reported in Cuba in 1981 at Zapata
Immature males resembled females. extensive breeding season search was Swamp (Garrido 1985, p. 997; Hamel
Males were easy to distinguish from conducted on Tensas National Wildlife 2018, p. 20). However, additional
other warblers. However, the drab Refuge in Louisiana. Six possible surveys in Cuba by Hamel and Garrido
coloration of the females and immature Bachman’s warbler observations in 1987 through 1989 did not confirm

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54304 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

additional birds (Navarro 2020, pers. warblers would have been present at completed in 2019 (initiated on May 7,
comm.). There have been no sightings or their wintering grounds in Cuba, may 2018; see 83 FR 20088) recommended
bird surveys in recent years in Cuba, have resulted in large losses of the birds delisting due to extinction, based on
and all claimed sightings of Bachman’s (Hamel 2018, p. 19). continued lack of detections and the
warbler from 1988 onwards have been pervasive rangewide threat posed by the
III. Analysis
rejected by the ornithological brown tree snake (USFWS 2019, p. 10).
community (Navarro 2020, pers. As early as 1953, Bachman’s warbler At the time of listing, the bridled
comm.). Curson et al. (1994, p. 96) was reported as one of the rarest white-eye on Guam was classified as
considers all sightings from 1978 songbirds in North America (Dingle one subspecies within a complex of
through 1988 in Cuba as unconfirmed. 1953, p. 67). The species may have gone bridled white-eye (Zosterops
extinct in North America by 1967 conspiculatus) populations found in the
Time Since Last Detection
(Elphick et al. 2010, p. 619). Despite Mariana Islands. The most recent
After 1962, reports of the Bachman’s extensive efforts to document presence taxonomic work (Slikas et al. 2000, p.
warbler in the United States have not of the species, no new observations of 360) continued to classify the Guam
been officially accepted, documented the species have been verified in the subspecies within the same species as
observations (Chamberlain 2003, p. 5). United States or Cuba in several decades the bridled white-eye populations
Researchers have been thorough and (Elphick et al. 2010, supplement; currently found on Saipan, Tinian, and
cautious in verification of potential Navarro 2020, pers. comm.). Given the Aguiguan in the Commonwealth of the
sightings, and many of the more recent likely lifespan of the species, it has not Northern Mariana Islands (Z. c. saypani)
ones could not be definitively verified. been observed in several generations. but considered the Rota population (Z.
Bachman’s warbler records from 1877– rotensis; now separately listed as
2001 in North America are characterized IV. Conclusion
endangered under the Act) to be a
as either relying on physical evidence or As far back as 1977, Bachman’s distinct species.
on independent expert opinion, or as warbler has been described as being on Endemic only to Guam, within the
controversial sightings (Elphick et al. the verge of extinction (Hooper and
2010, pp. 8, 10). In Cuba, no records Mariana Islands, the bridled white-eye
Hamel 1977, p. 373) and the rarest was a small (0.33 ounce or 9.3 grams),
have been verified since the 1980s songbird native to the United States
(Navarro 2020, pers. comm.). green and yellow, warbler-like forest
(Service 1999, pp. 4–445). The species bird with a characteristic white orbital
Other Considerations Applicable to the has not been seen in the United States ring around each eye (Jenkins 1983, p.
Species’ Status or Cuba since the 1980s, despite 48). The available information about the
extensive efforts to locate it and verify life history of the species is sparse,
At breeding grounds, the loss of potential sightings. Therefore, we
habitat from clearing of large tracts of based on a few early accounts in the
conclude that the best available literature (Seale 1901, pp. 58–59;
palustrine (i.e., having trees, shrubs, or
scientific and commercial information Stophet 1946, p. 540; Marshall 1949, p.
emergent vegetation) wetland beginning
indicates that the species is extinct. 219; Baker 1951, pp. 317–318; Jenkins
in the 1800s was a major factor in the
decline of the Bachman’s warbler. Most Bridled White-eye (Zosterops 1983, pp. 48–49). Nonterritorial and
of the palustrine habitat in the conspicillatus conspicillatus) often observed in small flocks, the
Mississippi Valley (and large species was a canopy-feeding
I. Background insectivore that gleaned small insects
proportions in Florida) was historically
converted to agriculture or affected by The bridled white-eye (Zosterops from the twigs and branches of trees and
other human activities (Fretwell et al. conspicillatus conspicillatus, or Nossa shrubs (Jenkins 1983, p. 49). Although
1996, pp. 8, 10, 124, 246). Often the in the Chamorro language), was listed as only minimal information exists about
higher, drier portions of land that the endangered in 1984 (49 FR 33881; the bridled white-eye’s nesting habits
Bachman’s warbler required for August 27, 1984), and was included in and young, observations of nests during
breeding were the first to be cleared the Recovery Plan for the Native Forest several different months suggests the
because they were more accessible and Birds of Guam and Rota of the species bred year-round (Marshall 1949,
least prone to flooding (Hamel 1995, pp. Commonwealth of the Northern Mariana p. 219; Jenkins 1983, p. 49). No
5, 11; Service 2015, p. 4). During World Islands (USFWS 1990, entire). The information is available regarding
Wars I and II, many of the remaining species was last observed in 1983, and longevity of the bridled white-eye, but
large tracts of old growth bottomland the 1984 final listing rule for the bridled lifespans in the wild for other white-
forest were cut, and the timber was used white-eye noted that the species ‘‘may eyes in the same genus range between
to support the war effort (Jackson 2020, be the most critically endangered bird 5 and 13 years (Animal Diversity Web
Conservation and Management, p. 2). At under U.S. jurisdiction’’ (49 FR 33881, 2020; The Animal Aging and Longevity
the wintering grounds of Cuba, August 27, 1984, p. 49 FR 33883) and Database 2020;
extensive loss of primary forest cited disease and predation by WorldLifeExpectancy.com 2020).
wintering habitat occurred due to the nonnative predators, including the The bridled white-eye was reported to
clearing of large areas of the lowlands brown tree snake (Boiga irregularis), as be one of the more common Guam bird
for sugarcane production (Hamel 2018, the likely factors contributing to its species between the early 1900s and the
p. 24). Hurricanes also may have caused rarity (49 FR 33881, August 27, 1984, p. 1930s (Jenkins 1983, p. 5). However,
extensive damage to habitat and direct 49 FR 33884). Three 5-year status reports from the mid- to late-1940s
LOTTER on DSK11XQN23PROD with PROPOSALS2

loss of overwintering Bachman’s reviews were completed for the bridled indicated the species had perhaps
warblers. Five hurricanes occurred white-eye; the 2009 (initiated on March become restricted to certain areas on
between November 1932 and October 8, 2007; see 72 FR 10547) and 2015 Guam (Baker 1951, p. 319; Jenkins 1983,
1935. Two storms struck western Cuba (initiated on March 6, 2012; see 77 FR p. 50). By the early- to mid-1970s, the
in October 1933, and the November 13248) reviews did not recommend a bridled white-eye was found only in the
1932 hurricane is considered one of the change in status (USFWS 2009a, 2015). forests in the very northern portion of
most destructive ever recorded. These After reevaluation of all available Guam (Wiles et al. 2003, p. 1353). It was
hurricanes, occurring when Bachman’s information, the 5-year status review considered rare by 1979, causing experts

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54305

to conclude that the species was nearing 1981 and 1987, observations of the less common (e.g., cave walls)
extinction (Jenkins 1983, p. 50). bridled white-eye drastically declined correlated with greater likelihood of
By 1981, the bridled white-eye was in just the first 3 years of the study. In coexistence with the snake. Large clutch
known to inhabit only a single 395-acre 1981, 54 birds were observed, and in size and large body size correlated with
(160-hectare) limestone bench known as 1982, 49 birds were documented, a species’ greater persistence, although
Pajon Basin in a limestone forest at including the last observation of a large body size appeared to only delay,
Ritidian Point, an area that later became family group (with a fledging) of the but not prevent, extirpation. Measuring
the Guam National Wildlife Refuge. species. One year later, during the 1983 a mere 0.33 ounces (9.3 grams), the
Nestled at the base of towering survey, only a single individual bridled bridled white-eye was relatively small
limestone cliffs of about 426 feet (130 white-eye was sighted. Between 1984 in size, and its nests were located in
meters), the site was bordered by and 1987, researchers failed to detect areas accessible to brown tree snakes
adjoining tracts of forest on three sides, the species within this same 300-acre (Baker 1951, pp. 316–317; Jenkins 1983,
and ocean on the northern side (Wiles (121-hectare) site (Beck 1984, pp. 148– pp. 49–50).
et al. 2003, p. 1353). Pajon Basin was 149). We used a recent analytical tool that
also the final refuge for many of Guam’s Between the mid- and late-1980s, assesses information on threats to infer
native forest bird species and was the experts had already begun to species extinction based on an
last place where 10 of Guam’s forest hypothesize that the bridled white-eye evaluation of whether identified threats
bird species were still observed together had become extinct (Jenkins 1983, p. 50; are sufficiently severe and prolonged to
in one locality at historical densities Savidge 1987, p. 661). Although human cause local extinction, as well as
(Savidge 1987, p. 661; Wiles et al. 2003, access has become more restricted sufficiently extensive in geographic
p. 1353). within portions of Andersen Air Force scope to eliminate all occurrences
Base since 1983, the Guam DAWR has, (Keith et al. 2017, p. 320). Applying this
II. Information on Detectability, Survey to date, continued annual roadside analytical approach to the bridled
Effort, and Time Since Last Detection counts across the island as well as white-eye, we examined years of
Species Detectability formal transect surveys in northern research and dozens of scientific
Guam in areas previously inhabited by publications and reports that indicate
The bridled white-eye has been the bridled white-eye. The species
described as active and occurred in that the effects of predation by the
remains undetected since the last brown tree snake have been sufficiently
small flocks of 3 to 12 individuals observation in Pajon Basin in 1983
(Jenkins 1983, p. 48). Although severe, prolonged, and extensive in
(Wiles 2018, pers. comm.; Quitugua geographic scope to cause widespread
apparently not as vocal as its related 2018, pers. comm.; Aguon 2018, pers.
subspecies on the other Mariana Islands, range contraction, extirpation, and
comm.). extinction for several birds and other
the bridled white-eye was observed
singing and typically vocalized with Time Since Last Detection species. Based on this analysis, we
‘‘chipping calls’’ while flocking, less so conclude that the bridled white-eye is
Researchers failed to observe the
during foraging (Jenkins 1983, p. 48). extinct and brown tree snake predation
species at the Pajon Basin during the
Although perhaps not correctly was the primary causal agent.
annual surveys between 1984 and 1987,
identified as a ‘‘secretive’’ or ‘‘cryptic’’ and during subsequent intermittent IV. Conclusion
species (Amidon in litt. 2000, pp. 14– avian surveys in northern Guam in areas At the time of its listing in 1984,
15), the detectability of the related Rota where this species would likely occur disease and predation by nonnative
bridled white-eye (Zosterops rotensis) is (Savidge 1987, p. 661; Wiles et al. 1995, predators, including the brown tree
greatest during surveys when it is close p. 38; Wiles et al. 2003, entire). snake, were considered the primary
to the observer, relative to other species
III. Analysis threats to the bridled white-eye. The
of birds that are detected at further
best available information now indicates
distances. While we are unaware of The brown tree snake is estimated to
that the bridled white-eye is extinct.
surveys for the bridled white-eye using be responsible for the extinction,
The species appears to have been
alternative methodologies specific for extirpation, or decline of 2 bat species,
vulnerable to the pervasive, rangewide
rare or secretive bird species, we 4 reptiles, and 13 of Guam’s 22 (59
threat of predation from the brown tree
conclude there is still sufficient percent) native bird species, including
snake. Since its last detection in 1983,
evidence of extinction based upon the all of the native forest bird species with
qualified observers have conducted
large body of literature confirming the the exception of the Micronesian
surveys and searches throughout the
impacts of the brown tree snake on starling (Aplonis opaca) (Wiles et al.
range of the bridled white-eye and have
Guam (see discussion below under ‘‘III. 2003, p. 1358; Rodda and Savidge 2007,
not detected the species. Available
Analysis’’). p. 307). The most comprehensive study
information indicates that the species
of the decline (Wiles et al. 2003, entire)
Survey Effort was not able to persist in the face of
indicated that 22 bird species were
Variable circular plot (VCP) studies environmental stressors, and we
severely impacted by the brown tree
are surveys conducted at pre-established conclude that the best available
snake.
stations along transects. Surveyor The study also found that in areas scientific and commercial information
counts all birds seen and heard during newly invaded by the snake, observed indicates that the species is extinct.
an 8-minute count period and estimates declines of avian species were greater Ivory-Billed Woodpecker (Campephilus
LOTTER on DSK11XQN23PROD with PROPOSALS2

the distance from the count station to than or equal to 90 percent and occurred principalis)
each bird seen or heard. From this rapidly, with the average duration just
information, an estimate of the number 8.9 years. The study also examined I. Background
of birds in a surveyed area is traits of the birds that made them more The ivory-billed woodpecker
determined and the confidence interval or less susceptible to predation by the (Campephilus principalis) was first
for the estimate is derived. During a brown tree snake, and determined that described by Mark Catesby in 1731
multi-year VCP study at Pajon Basin the ability and tendency to nest and (Tanner 1942, p. xv), under a different
consisting of annual surveys between roost in locations where snakes were taxonomic nomenclature. It was the

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54306 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

largest woodpecker in the United States recovery data call included status approximately 20 days (Service 2010, p.
and the second largest in North America recommendations such as ‘‘presumed 11). Both sexes of ivory-billed
with an overall length of approximately extinct’’ for the ivory-billed woodpecker incubated the eggs as well
48–51 centimeters (cm) (18–20 inches), woodpecker. as fed the young for a period of about
an estimated wingspan of 76–80 cm A 5-year review was most recently 5 weeks until the young fledged (Tanner
(29–31 inches), and a weight of 454–567 announced on May 7, 2018 (83 FR 1942, pp. 101, 104). The young may
grams (g) (16–20 ounces); however, data 20092), with a 60-day public comment have been fed by the parents for an
from live birds are lacking, so these period ending July 6, 2018. During the additional 2 months and roosted near
estimates were based on observations by public comment period, the Service and foraged with the parents into the
ornithologists from the late 19th century received and considered four public next breeding season. Dead or dying
who collected specimens (Service 2010, comments describing reported, but not portions of live trees, and sometimes
pp. 1–2). verifiable, encounters as well as dead trees, may have been excavated for
The ivory-billed woodpecker was indications that the inability to nest cavities. These cavities ranged from
listed as endangered throughout its conclusively document existence does 4.6 meters (m) (15.1 feet (ft)) to over 21
range on March 11, 1967 (32 FR 4001) not mean that the species is extinct m (69 ft) up a nest tree, although rarely
under the Endangered Species (Trahan 2020, pers. comm.). The Service below 9 m (29.5 ft) from a tree’s base
Preservation Act of 1966. Although no also reviewed a variety of additional (Service 2010, p. 11). Ivory-billed
threats were identified at the time of resources, including published and woodpeckers not only used nest cavities
listing, land clearing and timber unpublished scientific information but excavated roost cavities as well,
harvesting were known at the time as provided by other Service offices, State which are similar in appearance to nest
threats acting on the species. A status wildlife agencies, stakeholders, and cavities. Pairs or group members were
review was announced on April 10, other partners. Specific sources found to roost in trees near each other,
1985 (50 FR 14123) to determine if the included the final rule listing this and they also were reported to leave the
species was extinct and should therefore species under the Act (32 FR 4001; roost after sunrise (Tanner 1942, pp. 57–
be proposed for delisting. We did not March 11, 1967); the recovery plan 59). The roosting area is known to have
receive any confirmed reports of live (Service 2010, entire); peer-reviewed been the center of activity for ivory-
birds as a result of that review. In 1986, scientific publications; unpublished billed woodpeckers; however, insect
we funded a large-scale survey that field observations by Federal, State, and abundance (i.e., food availability) was
included coverage of potential sites other experienced biologists; thought to be important to distribution
throughout the species’ historical range unpublished studies and survey reports; as well (Tanner 1942, pp. 33–36, 46, 52).
(Jackson 1989, p. 74; Jackson 2006, p. 1– and notes and communications from Although it is not known for certain,
2, USFWS 2010, p. 69). The study also other qualified individuals. The 5-year lifespan for the species was estimated to
included soliciting requests for new review was also sent to four be in excess of 10 years (USFWS 2020,
sightings and investigating those reports independent peer reviewers; one p. 24).
for validity, as well as researching responded with comments. This 5-year
historical sources (Jackson 1989, p. 74). review was finalized on June 3, 2019, II. Information on Detectability, Survey
No conclusive evidence of ivory-billed and recommended that the ivory-billed Effort, and Time Since Last Detection
woodpeckers was obtained during that woodpecker be delisted due to Species Detectability
study. extinction (USFWS 2019, entire).
Another status review was announced Much of what we know about the The ivory-billed woodpecker had a
on November 6, 1991 (56 FR 56882) for ivory-billed woodpecker comes from black and white plumage with a white
all species (foreign and domestic research in Louisiana during the late chisel-tipped beak, yellow eyes, and a
listings) listed before 1991. In this 1930s (Service 2010, pp. xv, vii, 10–22, pointed crest. It was sexually
review, the status of many species was 67). Suitable habitat for the ivory-billed dimorphic, with the sexes exhibiting
simultaneously evaluated with no in- woodpecker is thought to be extensive different characteristics (i.e., sizes,
depth assessment of the five factors or forested areas with old-growth coloring, etc.). Females had a solid black
threats as they pertain to the individual characteristics and a naturally high crest, and males were red from the nape
species. The document stated that the volume of dead and dying wood, to the top of the crest with an outline
Service was seeking any new or particularly in virgin bottomland of black on the front of the crest (Service
additional information reflecting the hardwoods that may sustain the species 2010, p. 1). This large woodpecker
necessity of a change in the status of the between disturbance events (e.g., fires, produced distinctive sounds and had
species under review. The document storms, or other events expected to kill distinctive markings (e.g., large white
indicated that if significant data were or stress trees) (Tanner 1942, pp. 46–47, patch on the wing that can be seen from
available warranting a change in a 52). The home range for the ivory-billed long distances (Tanner 1942, p. 1)),
species’ classification, the Service woodpecker is thought to have been indicating a certain degree of
would propose a rule to modify the fairly large due to their ability to fly detectability during surveys, if present.
species’ status. No change in the bird’s long distances, up to at least several
Survey Effort
listing classification was found to be kilometers a day between favored roost
warranted. Each year, the Service sites and feeding areas. The estimated The last commonly agreed-upon
reviews and updates listed species ivory-billed woodpecker density sighting of the species was on the Singer
information for inclusion in the historically ranged from one breeding Tract in the Tensas River region of
LOTTER on DSK11XQN23PROD with PROPOSALS2

required Recovery Report to Congress. pair per 6.25 square miles to one northeast Louisiana in April of 1944
While considerable effort was placed on breeding pair per 17 square miles (Service 2019, p. 9). Since this sighting,
confirming reported sightings after 2004 (Tanner 1942, p. 32). the most compelling evidence of the
(details provided below), no further Breeding was thought to occur existence of the ivory-billed
sightings occurred. By 2013, the between January and April (Tanner woodpecker was in 2004 in Arkansas
ornithological community determined 1942, pp. 95–96). Clutch size reportedly (Fitzpatrick et al. 2005, pp. 1460–1462).
that these sightings could not be ranged from 1 to 5 eggs with an From 2004 to 2005, within the same
confirmed. Since 2013, our annual estimated incubation period of area of Bayou DeView, located in the

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54307

Cache River National Wildlife Refuge produced from both areas; however, the differing in assumptions, treatment of
(NWR) in Arkansas, observers reported blurred images are inconclusive as to data, and statistical methods used, other
sightings, audio recordings, and a video whether they are ivory-billed analyses had qualitatively similar
interpreted to be an ivory-billed woodpeckers or not (Collins 2017, conclusions (e.g., Roberts et al. 2009,
woodpecker (Service 2010, p. 13). The entire; Donahue 2017, p. 2). entire; Solow et al. 2011, entire).
original 2004 encounter as well as the • 2007–2011: 30 additional areas in
the southeastern United States Time Since Last Detection
other reports and video from Arkansas
spurred an extensive search effort in the (Pascagoula Basin of Mississippi, The last unrefuted sighting of the
area that was led by the Cornell Mobile Basin of Alabama, Congaree and ivory-billed woodpecker occurred in
Laboratory of Ornithology and the Coastal Basins of South Carolina, April 1944 on the Singer Tract in the
Arkansas Nature Conservancy beginning Apalachicola Basin of north Florida, Tensas River region of northeast
in 2005. Multiple approaches were and Everglades/Big Cypress Complex of Louisiana (Service 2015, p. 9).
used, including visual methods, aural south Florida) were surveyed with no III. Analysis
methods, and playback methods (alone presence of ivory-billed woodpeckers
and in combination), as well as found (Lammertink and Rohrbaugh The decline of mature forested habitat
helicopter surveys. However, after 2016, p. 7). with a high percentage of recently dead
completing analysis of detection • 2011: White River NWR, or dying trees and widespread
probabilities associated with all of the Arkansas—Searches were completed a collection of the species likely led to the
methods, researchers noted few, if any, year and a half after a tornado; no extirpation of the population sometime
ivory-billed woodpeckers could have evidence of ivory-billed woodpecker after the 1940s. Although there have
remained undetected in the Big Woods presence was observed, further adding been potential sightings reported over
of Arkansas during the period from 2005 to negative outcome of the 2005–2009 the years since the last agreed-upon
to 2009 (Rohrbaugh and Lammertink search efforts in this NWR (Lammertink sighting in 1944, there is much debate
2016, p. 40). Further, although the bird and Rohrbaugh 2016, p. 7). over the validity of these reports.
in the video was first interpreted as an • 2011: Avoyelles Parish, Louisiana— Furthermore, there is no objective
ivory-billed woodpecker, there is Survey on private property and Pomme evidence (e.g., clear photographs,
dispute among the ornithological de Terre Wildlife Management Area feathers of demonstrated recent origin,
community as to whether it was an (WMA). No observations of ivory-billed specimens, etc.) of the continued
actual ivory-billed woodpecker or woodpeckers were made (Lammertink existence of the species despite
instead a pileated woodpecker and Rohrbaugh 2016, p. 7). extensive searches. Given the likely
(Dryocopus pileatus). No conclusive • 2011: Lee River State Natural Area, lifespan of the species, this means it has
videos gathered since then that confirm South Carolina—No evidence of ivory- not been indisputably observed in more
the persistence of the ivory-billed billed woodpecker presence was found than seven generations.
woodpecker. After additional extensive during surveys (Lammertink and IV. Conclusion
analysis of the recordings, it was Rohrbaugh 2016, p. 7).
• 2009–present: Louisiana—A search The ivory-billed woodpecker has not
determined that these recordings do not
group, Project Coyote, was founded to been definitively sighted since 1944,
constitute evidence of the presence of
search for ivory-billed woodpeckers in despite decades of extensive survey
ivory-billed woodpeckers (Charif et al.
Louisiana; no evidence has been offered effort. The loss of mature forest habitat
2005, p. 1489; Fitzpatrick et al. 2005, p.
that constitutes undeniable and widespread collection of the species
1462; Jackson 2006, p. 3).
Since the reported ivory-billed confirmation that the species persists likely led to its extirpation in the 1940s
woodpecker in 2004/2005 at the Cache (Michaels 2018, p. 79). or soon thereafter. Therefore, we
River NWR, a survey design was • 2016: Cuba—An expedition to Cuba conclude that the best available
developed and implemented during was initiated in search of the ivory- scientific and commercial information
search efforts throughout the species’ billed woodpecker; no presence found indicates that the species is extinct.
historical range. Many State, Federal, (McClelland 2016, pp. 13–15). Kauai akialoa (Akialoa stejnegeri)
and private partners (e.g., State wildlife Although there have been many
sightings reported over the years since I. Background
agencies, the Service, and the Cornell
Laboratory of Ornithology) collaborated the last unrefuted sighting in 1944, there Kauai akialoa (Akialoa stejnegeri;
over a 5-year period to conduct is much debate over the validity of these listed as Hemignathus stejnegeri), a
extensive searches for evidence of the reports. Furthermore, there is no Hawaiian honeycreeper, was listed as
species’ presence within the historical objective evidence (e.g., clear endangered on March 11, 1967 (32 FR
range; however, no individuals were photographs, feathers of demonstrated 4001). It was included in the Kauai
reliably located, and no conclusive recent origin, specimens, etc.) of the Forest Birds Recovery Plan (USFWS
evidence confirmed the species’ continued existence of the species. 1983), and the Revised Recovery Plan
persistence (Service 2010, pp. V, VII, 2– Additionally, researchers analyzed for Hawaiian Forest Birds (USFWS
9, 75–89). Since the 5-year survey effort the temporal pattern of the collection 2006, p. 2–86). At the time of listing, we
was completed, other survey efforts dates of museum specimens from 1853 considered Kauai akialoa to have very
based on sightings and vocalizations to 1932 throughout the historical range low population numbers and to be
reported by wildlife professionals and to estimate the probability of the threatened by habitat loss, avian
other individuals have continued persistence of the species into the 21st disease, and predation by rats (Rattus
LOTTER on DSK11XQN23PROD with PROPOSALS2

throughout the range through present century, as well as the probability that spp.). The last confirmed observation of
day. These efforts include: the species would be found at survey the species was in 1965, although there
• 2005–2013: Pearl River swamp, sites with continued efforts. The was an unconfirmed sighting in 1969
Louisiana and Choctawhatchee River probability of persistence in a 2011 (Reynolds and Snetsinger 2001, p. 142).
swamp, Florida—Approximately 1,500 analysis was less than 0.000064, and Two 5-year status reviews have been
hours were spent surveying these two this analysis estimated the probable completed, in 2009 (initiated on July 6,
swamps with a kayak and video extinction date to be between 1960 and 2005; see 70 FR 38972) and 2018
cameras. Three video clips were 1980 (Gotelli et al. 2011, entire). While (initiated on February 13, 2015; see 80

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54308 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

FR 8100). The 2009 review did not of birds in area surveyed is determined or encountered (Crampton 2018, pers.
recommend a change in status, though and the confidence interval for this comm.).
there was some information indicating estimate derived. VCP surveys have
Time Since Last Detection
the species was already extinct. The 5- been the primary method used to count
year status review completed in 2019 birds in Hawaii; however, it is not Another approach used to determine
recommended delisting due to appropriate for all species and provides whether extremely rare species are
extinction based on consideration of poor estimates for extremely rare birds likely extinct or potentially still extant
additional information about the (Camp et al. 2009, p. 92). In recognition is to calculate the probability of a
biological status of the species, included of this problem, the Rare Bird Search species’ extinction based on time (years)
in the discussion below (USFWS 2019, (RBS) was undertaken from 1994 to since the species was last observed
pp. 5, 10). 1996, to update the status and (Elphick et al. 2010, p. 620). This
The life history of Kauai akialoa is distribution of 13 ‘‘missing’’ Hawaiian approach, when applied to extremely
poorly known and based mainly on forest birds (Reynolds and Snetsinger rare species, has the drawback that an
observations from the end of the 19th 2001, pp. 134–137). The RBS was incorrect assignment of species
century (USFWS 2006, p. 2–86). There designed to improve efficiency in the extinction may occur due to inadequate
is no information on the lifespan of the search for extremely rare species, using survey effort and/or insufficient time by
Kauai akialoa nor its threats when it was the method of continuous observation qualified observers spent in the area
extant. The species was widespread on during 20- to 30-minute timed searches where the species could still potentially
Kauai and occupied all forest types in areas where target species were exist. Using 1969 as the last credible
above 656 feet (200 meters) elevation known to have occurred historically, in sighting of Kauai akialoa, the authors’
(Perkins 1903, pp. 369, 422, 426). Its conjunction with audio playback of estimated date for the species’
historical range included nearly all species vocalizations (when available). extinction is 1973, with 95 percent
Kauai forests visited by naturalists at the Several recent surveys and searches, confidence that the species was extinct
end of the 19th century. After a gap of including the RBS, have been by 1984.
many decades, the species was seen unsuccessful in detecting Kauai akialoa III. Analysis
again in the 1960s, when one specimen despite intensive survey efforts by The various bird species in the
was collected (Richardson and Bowles wildlife biologists from 1968 to 1973, subfamily Drepanidinae (also known as
1964, p. 30). It has not been seen since, and in 1981, 1989, 1993, 1994, 2000, the Hawaiian honeycreepers), which
despite efforts by ornithologists (Conant 2005, and 2011 to 2018 (Hawaii includes Kauai akialoa, are highly
et al. 1998, p. 15) and birders, and Department of Land and Natural susceptible to introduced avian disease.
intensive survey efforts by wildlife Resources unpubl. data; Reynolds and They are particularly susceptible to
biologists spanning 1968 to 2018 Snetsinger 2001, entire; Crampton et al. avian malaria (Plasmodium relictum),
(USFWS 1983, p. 2; Hawaii Department 2017, entire; Crampton 2018 pers. which results in high rates of mortality.
of Land and Natural Resources unpubl. comm.). An unconfirmed 1969 report At elevations below approximately
data; Reynolds and Snetsinger 2001, may have been the last sighting of Kauai 4,500 feet (1,372 meters) in Hawaii, the
entire; Crampton et al. 2017 entire; akialoa (Conant et al. 1998, p. 15). Kauai key factor driving disease epizootics
Crampton 2018, pers. comm.). akialoa has been presumed likely (outbreaks) of pox virus (Avipoxvirus)
extinct for some time (Reynolds and and avian malaria is the seasonal and
II. Information on Detectability, Survey
Snetsinger 2001, p. 142). altitudinal distribution and density of
Effort, and Time Since Last Detection
In addition, extensive time has been the primary vector of these diseases,
Species Detectability spent by qualified observers in the Culex quinquefasciatus (Atkinson and
The Kauai akialoa was a large (6.7 to historical range of the Kauai akialoa Lapointe 2009a, pp. 237–238, 245–246).
7.5 inches, or 17 to 19 centimeters, total searching for the small Kauai thrush A recent analytic tool was consulted
length), short-tailed Hawaiian (Myadestes palmeri), akekee (Loxops using information on threats to infer
honeycreeper with a very long, thin, caeruleirostris), and Kauai creeper species extinction based on an
curved bill, the longest bill of any (Oreomystis bairdi). Hawaii Forest Bird evaluation of whether identified threats
historically known Hawaiian passerine. Surveys (HFBS) were conducted in are sufficiently severe and prolonged to
The plumage of both sexes was olive- 1981, 1989, 1994, 2000, 2005, 2007, cause local extinction, and sufficiently
green; males were more brightly 2008, 2012, and 2018 (Paxton et al. extensive in geographic scope to
colored, were slightly larger, and had a 2016, entire). The Kauai Forest Bird eliminate all occurrences (Keith et al.
somewhat longer bill (USFWS 2006, p. Recovery Project (KFBRP) conducted 2017, p. 320). The disappearance of
2–86). The Kauai akialoa’s relatively occupancy surveys for the small Kauai many Hawaiian honeycreeper species
large size and distinctive bill suggest thrush in Kokee State Park, Hono O over the last century from areas below
that if it were extant, it would be NaPali Natural Area Reserve, Na Pali approximately 4,500 feet elevation
detectable by sight and recognized. Kona Forest Reserve, and Alakai points to effects of avian disease having
Wilderness Preserve, from 2011 to 2013 been sufficiently severe and prolonged,
Survey Effort (Crampton et al. 2017, entire), and spent and extensive in geographic scope, to
A comprehensive survey of Hawaiian over 1,500 person-hours per year from cause widespread species’ range
forest birds was initiated in the 1970s 2015 to 2018 searching for Kauai contraction and possible extinction. It is
using the VCP method (Scott et al. 1986, creeper and akekee nests. During the highly likely avian disease is the
LOTTER on DSK11XQN23PROD with PROPOSALS2

entire). VCP surveys in Hawaii are HFBS in 2012 and 2018, occupancy primary causal factor for the
conducted at pre-established stations surveys and nest searches did not yield disappearance of many species of
along transects. The surveyor counts all any new detections of Kauai akialoa. Hawaiian honeycreepers from forested
birds seen and heard during an 8- The KFBRP conducted mist-netting in areas below 4,500 feet on the islands of
minute count period and estimates the various locations within the historical Kauai, Oahu, Molokai, and Lanai (Scott
distance from the count station to each range for Kauai akialoa from 2006 et al. 1986, p. 148; Banko and Banko
bird seen or heard. From this through 2009, and from 2011 through 2009, pp. 52–53; Atkinson and Lapointe
information, an estimate of the number 2018, and no Kauai akialoa were caught 2009a, pp. 237–238).

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54309

It is widely established that small information indicates that the species slightly longer than the bird’s head. The
populations of animals are inherently was not able to persist in the face of lower mandible was half the length of
more vulnerable to extinction because of environmental stressors, and we the upper mandible. Adult male
random demographic fluctuations and conclude that the best available plumage was olive-green with a yellow
stochastic environmental events scientific and commercial information head, throat, and breast, whereas adult
(Mangel and Tier 1994, p. 607; Gilpin indicates that the species is extinct. female and immature plumage consisted
and Soulé 1986, pp. 24–34). Formerly of an olive-green head and yellow or
Kauai nukupuu (Hemignathus
widespread populations that become yellowish gray under-parts (USFWS
hanapepe)
small and isolated often exhibit reduced 2006, p. 2–89). The long, curved, and
levels of genetic variability, which I. Background extremely thin bill of Kauai nukupuu, in
diminishes the species’ capacity to The Kauai nukupuu (Hemignathus combination with its brightly colored
adapt and respond to environmental hanapepe) was listed as endangered on plumage, would have made this bird
changes, thereby lessening the March 11, 1967 (32 FR 4001), and was highly detectable to ornithologists and
probability of long-term persistence included in the Kauai Forest Birds birders had it persisted (USFWS 2006,
(e.g., Barrett and Kohn 1991, p. 4; Keller Recovery Plan (USFWS 1983), as well as p. 2–89). No subsequent sightings or
and Waller 2002, p. 240; Newman and the Revised Recovery Plan for Hawaiian vocalizations have been documented
Pilson 1997, p. 361). As populations are Forest Birds (USFWS 2006). At the time since the unconfirmed sighting in 1995,
lost or decrease in size, genetic of listing, observations of only two despite extensive survey efforts.
variability is reduced, resulting in individuals had been reported during
increased vulnerability to disease and Survey Effort
that century (USFWS 1983, p. 3). The
restricted potential evolutionary last confirmed observation (based on In the absence of early historical
capacity to respond to novel stressors independent expert opinion and surveys, the extent of the geographical
(Spielman et al. 2004, p. 15261; physical evidence) of the species was in range of the Kauai nukupuu is
Whiteman et al. 2006, p. 797). As 1899 (Eliphick et al. 2010, p. 620). Two unknown. A comprehensive survey of
numbers decreased historically, effects 5-year status reviews have been Hawaiian forest birds was initiated in
of small population size were very completed, in 2010 (initiated on April the 1970s using the VCP method (Scott
likely to have negatively impacted 11, 2006; see 71 FR 18345) and 2019 et al. 1986, entire) (see Survey Effort
Kauai akialoa, reducing its potential for (initiated on February 13, 2015; see 80 section for the Kauai akialoa, above, for
long-term persistence. FR 8100). The 2010 review did not the description of the VCP surveys).
Several recent surveys and searches Several recent surveys and searches,
recommend a change in status, though
(1981 to 2018), including the RBS, have including the RBS, have been
there was some information indicating
been unsuccessful in detecting Kauai unsuccessful in detecting Kauai
the species was already extinct. The 5-
akialoa despite efforts by ornithologists nukupuu despite intensive survey
year status review completed in 2019
(Conant et al. 1998, p. 15) and birders, efforts by wildlife biologists from 1968
recommended delisting due to
and intensive survey efforts by wildlife
extinction based on consideration of to 1973, and in 1981, 1989 1993, 1994,
biologists in 1968 to 1973, 1981, 1989,
additional information about the 2000, 2005, and 2011 to 2018 (Hawaii
1994, 2000, 2005, and from 2011 to 2018
biological status of the species, included Department of Land and Natural
(Hawaii Department of Land and
in the discussion below (USFWS 2019, Resources unpubl. data; Reynolds and
Natural Resources unpubl. data; USFWS
pp. 4–5, 10). Snetsinger 2001, entire; Crampton et al.
1983, p. 2; Reynolds and Snetsinger
The historical record provides little 2017, entire; Crampton 2018 pers.
2001, entire; Crampton et al. 2017,
information on the life history of Kauai comm.). During the RBS, Kauai
entire; Crampton 2018, pers. comm.).
nukupuu (USFWS 2006, p. 2–89). There nukupuu were not detected. The lack of
Using 1969 as the last credible sightings,
is no specific information on the detections combined with analysis of
based on independent expert opinion,
lifespan or breeding biology of Kauai detection probability (P ≥ 0.95)
the estimated date for the species’
nukupuu, although it is presumed to be suggested that the possible population
extinction is 1973, with 95 percent
similar to its closest relative, akiapolaau count was fewer than 10 birds in 1996
confidence of the species having
become extinct by 1984 (Elphick et al. (Hemignathus munroi, listed as (Reynolds and Snetsinger 2001, p. 142).
2010, p. 620). Hemignathus wilsoni), a honeycreeper Extensive time has been spent by
from the island of Hawaii. Similar to the qualified observers in the historical
IV. Conclusion akiapolaau, the Kauai nukupuu uses its range of the Kauai nukupuu searching
At the time of listing in 1967, the bill to extract invertebrates from for the small Kauai thrush (Myadestes
Kauai akialoa faced threats from habitat epiphytes, bark, and wood. The last palmeri), akekee (Loxops
loss, avian disease, and predation by confirmed observation (based on caeruleirostris), and Kauai creeper
introduced mammals. The best available independent expert opinion and (Oreomystis bairdi). Hawaii Forest Bird
information now indicates that the physical evidence) of Kauai nukupuu Surveys (HFBS) were conducted in
Kauai akialoa is extinct. The species was in 1899 (Eliphick et al. 2010, p. 1981, 1989, 1994, 2000, 2005, 2007,
appears to have been vulnerable to 620); however, there was an 2008, 2012, and 2018 (Paxton et al.
introduced avian disease. In addition, unconfirmed observation in 1995 2016, entire). During the HFBS in 2012
the effects of small population size (Conant et al. 1998, p. 14). and 2018, occupancy surveys and nest
likely limited the species’ genetic searches did not yield any new
LOTTER on DSK11XQN23PROD with PROPOSALS2

II. Information on Detectability, Survey


variation and adaptive capacity, thereby Effort, and Time Since Last Detection detections of the Kauai nukupuu. The
increasing the vulnerability of the KFBRP conducted mist-netting in
species to environmental stressors Species Detectability various locations within the historical
including habitat loss and degradation. Kauai nukupuu was a medium-sized, range for the Kauai nukupuu from 2006
Since its last detection in 1969, approximately 23-gram (0.78-ounce), through 2009, and from 2011 through
qualified observers have conducted Hawaiian honeycreeper (family 2018, and no Kauai nukupuu were
extensive surveys and searches but have Fringillidae, subfamily Drepanidinae) caught or encountered (Crampton 2018,
not detected the species. Available with an extraordinarily thin, curved bill, pers. comm.). Despite contemporary

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54310 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

search efforts, the last credible sighting record of a Kauai ‘o‘o was a vocal survey efforts by wildlife biologists from
of Kauai nukupuu occurred in 1899. response to a recorded vocalization 1968 to 1973, and in 1981, 1989 1993,
played by a field biologist on April 28, 1994, 2000, 2005, and 2011 to 2018
Time Since Last Detection
1987, in the locality of Halepaakai (Hawaii Department of Land and
Using 1899 as the last credible Stream. Two 5-year status reviews have Natural Resources unpubl. data;
sighting of Kauai nukupuu based on been completed, in 2009 (initiated on Reynolds and Snetsinger 2001, entire;
independent expert opinion and July 6, 2005; see 70 FR 38972) and 2018 Crampton et al. 2017, entire; Crampton
physical evidence, the estimated date (initiated on February 13, 2015; see 80 2018 pers. comm.). During the RBS,
for the species’ extinction was 1901, FR 8100). The 2009 review did not coverage of the search area was
with 95 percent confidence that the recommend a change in status, though extensive; therefore, there was a high
species was extinct by 1906 (Elphick et there was some information indicating probability of detecting a Kauai ‘o‘o.
al. 2010, p. 620). the species was already extinct. The 5- None were detected, and it was
III. Analysis year status review completed in 2018 concluded the Kauai ‘o‘o was likely
recommended delisting due to extinct (P ≥ 0.95) (Reynolds and
Some of the reported descriptions of Snetsinger 2001, p. 142).
extinction based on consideration of
this species better match the Kauai Extensive time has been spent by
new information about the biological
amakihi (Chlorodrepanis stejnegeri) qualified observers in the historical
status of the species, included in the
(USFWS 2006, p. 2–90). Although range of the Kauai ‘o‘o searching for the
discussion below (USFWS 2019, pp. 5,
skilled observers reported three small Kauai thrush (Myadestes palmeri),
10).
unconfirmed sightings of Kauai akekee (Loxops caeruleirostris), and
The Kauai ‘o‘o measured 7.7 inches
nukupuu in 1995 (Reynolds and Kauai creeper (Oreomystis bairdi).
(19.5 centimeters) and was somewhat
Snetsinger 2001, p. 142), extensive Hawaii Forest Bird Surveys (HFBS)
hours of searching within the historical smaller than the Moho species on the
other islands. It was glossy black on the were conducted in 1981, 1989, 1994,
range failed to detect any individuals. 2000, 2005, 2007, 2008, 2012, and 2018
The last credible sightings of Kauai head, wings, and tail; smoky brown on
the lower back, rump, and abdomen; (Paxton et al. 2016, entire). During the
nukupuu was in 1899, based on HFBS in 2012 and 2018, occupancy
independent expert opinion and and rufous-brown on the upper tail
coverts. It had a prominent white patch surveys and nest searches did not yield
physical evidence (Elphick et al. 2010, any new detections of Kauai ‘o‘o. The
p. 620). It was estimated that 1901 was at the bend of the wing. The thigh
feathers were golden yellow in adults KFBRP conducted mist-netting in
the year of extinction, with 95 percent various locations within the historical
confidence that the species was extinct and black in immature birds (Berger
1972, p. 107). The Kauai ‘o‘o is one of range for Kauai ‘o‘o from 2006 through
by 1906. The species was likely 2009 and 2011 through 2018, and no
vulnerable to the persistent threats of four known Hawaiian species of the
genus Moho and one of five known Kauai ‘o‘o were caught or encountered
avian disease combined with habitat
Hawaiian bird species within the family (Crampton 2018, pers. comm.). The last
loss and degradation, which remain
Mohoidae (Fleischer et al. 2008, entire). credible sighting was in 1987.
drivers of extinction for Hawaiian forest
birds. Its last known habitat was the dense Time Since Last Detection
ohia forest in the valleys of Alakai
V. Conclusion Wilderness Preserve. It reportedly fed Using 1987 as the last credible
on various invertebrates and the fruits sighting of the Kauai ‘o‘o based on
At the time of listing in 1967, the
and nectar from ohia, lobelia, and other independent expert opinion, the
Kauai nukupuu had not been detected
flowering plants. There is no estimated date for the species’
for almost 70 years. Since its last
information on the lifespan of the Kauai extinction was 1991, with 95 percent
detection in 1899, qualified observers
‘o‘o. confidence that the species was extinct
have conducted extensive surveys and
by 2000 (Elphick et al. 2010, p. 620).
searches throughout the range of the II. Information on Detectability, Survey
Kauai nukupuu and have not detected III. Analysis
Effort, and Time Since Last Detection
the species. Available information The various bird species in the
indicates that the species was not able Species Detectability
subfamily Drepanidinae (also known as
to persist in the face of environmental The vocalizations of this species were the Hawaiian honeycreepers), which
stressors, and we conclude that the best loud, distinctive, and unlikely to be includes Kauai ‘o‘o, are highly
available scientific and commercial overlooked. The song consisted of loud susceptible to introduced avian disease,
information indicates that the species is whistles that have been described as particularly avian malaria (Plasmodium
extinct. flute-like, echoing, and haunting, relictum). At elevations below
Kauai ‘o‘o (Moho braccatus) suggesting that detectability would be approximately 4,500 feet (1,372 meters)
high in remaining suitable habitat if the in Hawaii, the key factor driving disease
I. Background Kauai ‘o‘o still existed (USFWS 2006 p. epizootics of pox virus (Avipoxvirus)
The Kauai ‘o‘o (Moho braccatus) was 2–47). and avian malaria is the seasonal and
listed as endangered on March 11, 1967 altitudinal distribution and density of
(32 FR 4001), and was included in the Survey Effort
the primary vector of these diseases,
Kauai Forest Birds Recovery Plan In the absence of early historical Culex quinquefasciatus (Atkinson and
(USFWS 1983), as well as the Revised surveys, the extent of the geographical
LOTTER on DSK11XQN23PROD with PROPOSALS2

Lapointe 2009a, pp. 237–238, 245–246).


Recovery Plan for Hawaiian Forest Birds range of the Kauai ‘o‘o cannot be Because they occur at similar altitudes
(USFWS 2006). At the time of listing, reconstructed. The comprehensive and face similar threats, please refer to
the population size was estimated at 36 surveys of Hawaiian forest birds are the Analysis section for the Kauai
individuals (USFWS 1983, p. 3). Threats described in the Survey Effort section of akialoa, above, for more information.
to the species included the effects of the Kauai akialoa. Several recent
low population numbers, habitat loss, surveys and searches, including the VCP IV. Conclusion
avian disease, and predation by and RBS, have been unsuccessful in At the time of listing in 1967, the
introduced mammals. The last plausible detecting Kauai ‘o‘o despite intensive Kauai ‘o‘o faced threats from effects of

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54311

low population numbers, habitat loss, of the large Kauai thrush; however, it is 1981, 1989, 1994, 2000, 2005, 2007,
avian disease, and predation by presumed that it is similar to the more 2008, 2012, and 2018 (Paxton et al.
introduced mammals. The best available common and closely related Hawaii 2016, entire). During the HFBS in 2012
information now indicates that the thrush (Myadestes obscurus). Nests of and 2018, occupancy surveys and nest
Kauai ‘o‘o is extinct. The species the large Kauai thrush have not been searches did not yield any new
appears to have been vulnerable to described but may be a cavity or low detections of the large Kauai thrush. The
introduced avian disease. In addition, platform, similar to those of the Hawaii KFBRP conducted mist-netting in
the effects of small population size thrush. Nesting likely occurred in the various locations within the historical
likely limited the species’ genetic spring. The diet of the large Kauai range for the large Kauai thrush from
variation and adaptive capacity, thereby thrush was reported to include fruits 2006 through 2009, and from 2011
increasing the vulnerability of the and berries, as well as insects and through 2018, and no large Kauai thrush
species to environmental stressors snails. The last (unconfirmed) were caught or encountered (Crampton
including habitat loss and degradation. observation of the large Kauai thrush 2018, pers. comm.). The last credible
Since its last detection in 1987, was made during the February 1989 sighting of the large Kauai thrush
qualified observers have conducted Kauai forest bird survey (Hawaii occurred in 1987.
extensive surveys and searches and Department of Land and Natural Time Since Last Detection
have not detected the species. Available Resources unpubl. data). However, the
information indicates that the species last credible sighting of the large Kauai Using 1987 as the last credible
was not able to persist in the face of thrush occurred in 1987. sighting of the large Kauai thrush based
environmental stressors, and we on independent expert opinion, the
II. Information on Detectability, Survey estimated date for the species’
conclude that the best available
Effort, and Time Since Last Detection extinction was 1991, with 95 percent
scientific and commercial information
indicates that the species is extinct. Species Detectability confidence that the species was extinct
by 1999 (Elphick et al. 2010, p. 620).
Large Kauai Thrush (Myadestes The large Kauai thrush was often
myadestinus) described for its habit of rising into the III. Analysis
air, singing a few vigorous notes and Several recent surveys and searches,
I. Background then suddenly dropping down into the including the RBS and HFBS, have been
The large Kauai thrush (Myadestes underbrush. The vocalizations of this unsuccessful in detecting the large
myadestinus, or kama‘o in the Hawaiian species varied between sweet and Kauai thrush despite intensive survey
language) was listed as endangered on melodic to lavish and flute-like, often efforts by wildlife biologists in 1993,
October 13, 1970 (35 FR 16047), and given just before dawn and after dusk 1994, 2000, 2005, and 2011 to 2018
was included in the Kauai Forest Birds (USFWS 2006 p. 2–19). These behaviors (Hawaii Department of Land and
Recovery Plan (USFWS 1983), as well as suggest that detectability would be high Natural Resources unpubl. data;
the Revised Recovery Plan for Hawaiian in remaining suitable habitat if the large Reynolds and Snetsinger 2001, entire;
Forest Birds (USFWS 2006). At the time Kauai thrush still existed. No Crampton et al. 2017, entire; Crampton
of listing, the population size was subsequent sightings or vocalizations 2018, pers. comm.). Using 1987 as the
estimated at 337 individuals (USFWS have been documented despite last credible sighting based on
1983, p. 3). Threats to the species extensive survey efforts by biologists independent expert opinion and the
included effects of low population and birders. species’ observational record, the
numbers, habitat loss, avian disease, estimated date for the species’
Survey Effort
and predation by introduced mammals. extinction was 1991, with 95 percent
Two 5-year status reviews were Several recent surveys and searches, confidence the species was extinct by
completed in 2009 (initiated on July 6, including the VCP and RBS, have been 1999 (Elphick et al. 2010, p. 620).
2005; see 70 FR 38972) and 2019 unsuccessful in detecting the large Another analysis determined that the
(initiated on February 13, 2015; see 80 Kauai thrush despite intensive survey large Kauai thrush was probably extinct
FR 8100). The 2009 review did not efforts by wildlife biologists from 1968 at the time of the RBS in 1994 (P ≥ 0.95)
recommend a change in status, though to 1973, and in 1981, 1989, 1993, 1994, (Reynolds and Snetsinger 2001, p. 142).
there was some information indicating 2000, 2005, and 2011 to 2018 (Hawaii
the species was already extinct. The 5- Department of Land and Natural IV. Conclusion
year status review completed in 2019 Resources unpubl. data; Reynolds and At the time of listing in 1970, the
recommended delisting due to Snetsinger 2001, entire; Crampton et al. large Kauai thrush faced threats from
extinction based on consideration of 2017, entire; Crampton 2018, pers. low population numbers, habitat loss,
additional information about the comm.). During the RBS in 2001, avian disease, and predation by
biological status of the species, included coverage of the search area was introduced mammals. The best available
in the discussion below (USFWS 2019, extensive; therefore, they had a high information now indicates that the large
pp. 5, 10). probability of detecting the large Kauai Kauai thrush is extinct. The species
The large Kauai thrush was a thrush. None were detected, and it was appears to have been vulnerable to the
medium-sized (7.9 inches, or 20 concluded that the large Kauai thrush effects of small population size, which
centimeters, total length) solitaire. Its was likely extinct (P ≥ 0.95) (Reynolds likely limited its genetic variation,
plumage was gray-brown above, tinged and Snetsinger 2001, p. 142). disease resistance, and adaptive
LOTTER on DSK11XQN23PROD with PROPOSALS2

with olive especially on the back, and Extensive time has been spent by capacity, thereby increasing the
light gray below with a whitish belly qualified observers in the historical vulnerability of the species to the
and undertail coverts. The large Kauai range of the large Kauai thrush environmental stressors of habitat
thrush lacked the white eye-ring and searching for the small Kauai thrush degradation and predation by nonnative
pinkish legs of the smaller puaiohi (Myadestes palmeri), akekee (Loxops mammals. Since its last credible
(small Kauai thrush, Myadestes palmeri) caeruleirostris), and Kauai creeper detection in 1987, qualified observers
(USFWS 2006, p. 2–19). There is no (Oreomystis bairdi). Hawaii Forest Bird have conducted extensive surveys and
specific information on the life history Surveys (HFBS) were conducted in searches throughout the range of the

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54312 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

species but have not detected the body size (less than 5 inches (13 VCP counts than conducted up to 2008
species. Available information indicates centimeters) long) and habitat type would be needed to confirm the species’
that the species was not able to persist (dense rain forest) made visual detection extinction with 95 percent confidence.
in the face of environmental stressors, difficult. Songs and calls of Maui akepa Songs identified as Maui akepa were
and we conclude that the best available could be confused with those of other heard on October 25, 1994, during the
scientific and commercial information Maui forest bird species; therefore, RBS in Hanawi Natural Area Reserve
indicates that the species is extinct. detection of the species requires visual (Hanawi NAR) and on November 28,
confirmation of the individual 1995, from Kipahulu Valley at 6,142 feet
Maui Akepa (Loxops coccineus
producing the songs and calls (USFWS (1,872 meters) elevation, but the species
ochraceus)
2006, p. 2–135). was not confirmed visually. Auditory
I. Background detections of Maui akepa require visual
Survey Effort
The Maui akepa (Loxops coccineus confirmation because of possible
In the absence of early historical confusion or mimicry with similar songs
ochraceus, listed as Loxops ochraceus)
surveys, the extent of the geographical of Maui parrotbill (Pseudonestor
was listed as endangered on October 13,
range of the Maui akepa is unknown. xanthophrys) (Reynolds and Snetsinger
1970 (35 FR 16047), and was included
Because the species occupied Maui 2001, p. 140). The last confirmed record,
in the Maui-Molokai Forest Birds
Island, one might expect that it also as defined above, of Maui akepa was
Recovery Plan (USFWS 1984, pp. 12–
inhabited Molokai and Lanai Islands from Hanawi NAR in 1988 (Engilis
13), and the Revised Recovery Plan for
like other forest birds in the Maui Nui 1990, p. 69).
Hawaiian Forest Birds (USFWS 2006,
group, but there are no fossil records of
pp. 2–94, 2–134–2–137). At the time of Qualified observers spent extensive
Maui akepa from either of these islands
listing, we considered Maui akepa to time searching for Maui akepa, po‘ouli
(USFWS 2006, p. 2–135). All historical
have very low population numbers, and (Melamprosops phaeosoma), and Maui
records of the Maui akepa in the late
to face threats from habitat loss, avian nukupuu (Hemignathus lucidus affinis,
19th and early 20th century were from
disease, and predation by introduced listed as Hemignathus affinis) in the
high-elevation forests most accessible to
mammals. Three 5-year status reviews 1990s. Between September 1995 and
naturalists, near Olinda and Ukulele
have been completed; the 2010 October 1996, 1,730 acres (700 hectares)
Camp on the northwest rift of Haleakala,
(initiated on April 11, 2006; see 71 FR in Hanawi NAR were searched during
and from mid-elevation forests in
18345) and 2015 (initiated on March 6, Kipahulu Valley (USFWS 2006, p. 2– 318 person-days (Baker 2001, p. 147),
2012; see 77 FR 13248) reviews did not 134). This range suggests that the birds including the area with the most recent
recommend a change in status, though were missing from forests at lower confirmed sightings of Maui akepa.
there was some information indicating elevations, perhaps due to the During favorable weather conditions
the species was already extinct (USFWS introduction of disease-transmitting (good visibility and no wind or rain)
2010, p. 12; USFWS 2015, p. 10). The mosquitoes to Lahaina in 1826 (USFWS teams would stop when ‘‘chewee’’ calls
5-year status review completed in 2018 2006, p. 2–135). From 1970 to 1995, given by Maui parrotbill, or when
(initiated on February 12, 2016; see 81 there were few credible sightings of po‘ouli and Maui nukupuu were heard,
FR 7571) recommended delisting due to Maui akepa (USFWS 2006, p. 2–136). and would play either Maui parrotbill or
extinction, based in part on continued The population of Maui akepa was akiapolaau (Hemignathus munroi, listed
lack of detections and consideration of estimated at 230 individuals, with a 95 as Hemignathus wilsoni) calls and songs
extinction probability (USFWS 2018, percent confidence interval of plus or to attract the bird for identification. Six
pp. 5, 10). minus 290 individuals (Scott et al. 1986, po‘ouli were found, but no Maui akepa
The Maui akepa was known only from pp. 37, 154) during VCP surveys in were detected (Baker 2001, p. 147). The
the island of Maui in the Hawaiian 1980. In other words, the estimate Maui Forest Bird Recovery Project
Islands. Maui akepa were found in small projects a maximum population of 520 (MFBRP) conducted searches from 1997
groups with young in the month of June individuals and a minimum population through 1999 from Hanawi NAR to
when the birds were molting (Henshaw of zero. However, confidence intervals Koolau Gap (west of Hanawi NAR), for
1902, p. 62). The species was observed were large, and this estimate was based a total of 355 hours at three sites with
preying on various insects including on potentially confusing auditory no detections of Maui akepa (Vetter
small beetles, caterpillars, and small detections, and not on visual 2018, pers. comm.). The MFBRP also
spiders, as well as drinking the nectar observation (USFWS 2006, p. 2–136). searched Kipahulu Valley on northern
of ohia (Metrosideros polymorpha) On Maui, VCP surveys are conducted at Haleakala from 1997 to 1999, for a total
flowers (Rothschild 1893 to 1900, pp. survey stations spaced 328 to 820 feet of 320 hours with no detections of Maui
173–176; Henshaw 1902, p. 62; Perkins (100 to 250 meters) apart, on transect akepa. However, the Kipahulu searches
1903, pp. 417–420). The species lines spaced 1 to 2 miles (1.6 to 3.2 were hampered by bad weather, and
appeared to also use the ohia tree for kilometers) apart (Scott et al. 1986, pp. playback was not used (Vetter 2018,
nesting as a pair of Maui akepa was 34–40). It is estimated that 5,865 8- pers. comm.). Despite over 10,000
observed building a nest in the terminal minute point counts would be needed to person-hours of searches in the Hanawi
foliage of a tall ohia tree (Perkins 1903, determine with 95 percent confidence NAR and nearby areas from October
p. 420). the absence of Maui akepa on Maui 1995 through June 1999, searches failed
II. Information on Detectability, Survey (Scott et al. 2008, p. 7). In 2008, only 84 to confirm earlier detections of Maui
VCP counts had been conducted on akepa (Pratt and Pyle 2000, p. 37).
LOTTER on DSK11XQN23PROD with PROPOSALS2

Effort, and Time Since Last Detection


Maui in areas where this species was While working on Maui parrotbill
Species Detectability known to have occurred historically. recovery from 2006 to 2011, the MFBRP
Maui akepa adult males varied from Although the results of the 1980 VCP spent extensive time in the area of the
dull brownish orange to ochraceus (light surveys find Maui akepa extant at that last Maui akepa sighting. The MFBRP
brownish yellow), while females were time, tremendous effort is required project coordinator concluded that if
duller and less yellowish (USFWS 2006, using the VCP method to confirm this Maui akepa were present, they would
p. 2–134). Although the species was species’ extinction (Scott et al. 2008). have been detected (Mounce 2018, pers.
easily identifiable by sight, its small For Maui akepa, nearly 70 times more comm.).

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54313

Time Since Last Detection method to determine probability of akiapolaau (Hemignathus munroi) on
The last confirmed sighting (as species extinction based on time (years) Hawaii Island. The Maui nukupuu was
defined for the RBS) of the Maui akepa since the species was last observed insectivorous and probed bark, lichen,
was in 1988 (Engilis 1990, p. 69). (using 1980 as the last documented and branches to extract insects, foraging
Surveys conducted during the late observation record, as described above), behaviors that resembled those of
1980s to the 2000s failed to locate the the estimated year the Maui akepa akiapolaau. Diet of the Maui nukupuu
species (Pratt and Pyle 2000, p. 37; became extinct is 1987, with 2004 as the was reported to be small weevils and
Baker 2001, p. 147). Using 1980 as the upper 95 percent confidence bound on larvae of orders Coleoptera and
last documented observation record for that estimate (Elphick et al. 2010, p. Lepidoptera (Perkins 1903, p. 429).
Maui akepa (the 1988 sighting did not 620). There is scant evidence that Maui
meet the author’s criteria for a nukupuu took nectar from flowers. Maui
IV. Conclusion
‘‘documented’’ sighting), 1987 was nukupuu often joined mixed-species
At the time of listing in 1970, we foraging flocks (Perkins 1903, p. 429).
estimated to be the year of extinction of
considered the Maui akepa to be facing
Maui akepa, with 2004 as the upper 95 II. Information on Detectability, Survey
threats from habitat loss, avian disease,
percent confidence bound on that Effort, and Time Since Last Detection
and predation by introduced mammals.
estimate (Elphick et al. 2010, p. 620).
The best available information now Species Detectability
III. Analysis indicates that the Maui akepa is extinct. The Maui nukupuu was a medium-
Reasons for decline presumably are The species appears to have been sized (approximately 0.78 ounce, or 23
similar to threats faced by other vulnerable to the effects of small gram) Hawaiian honeycreeper with an
endangered forest birds on Maui, population size, which likely limited its extraordinarily thin, curved bill that
including small populations, habitat genetic variation, disease resistance, and was slightly longer than the bird’s head.
degradation by feral ungulates and adaptive capacity, thereby increasing The lower mandible was half the length
introduced invasive plants, and the vulnerability of the species to the of the upper mandible and followed its
predation by introduced mammalian environmental stressors of habitat curvature rather than being straight (as
predators, including rats (Rattus spp.), degradation and predation by nonnative in the related akiapolaau) (USFWS
cats (Felis catus), and mongoose mammals. Since the last detection in 2006, p. 2–92). Adult males were olive
(Herpestes auropunctatus) (USFWS 1988, qualified observers have green with a yellow head, throat, and
2006, p. 2–136). Rats may have played conducted extensive surveys in that breast, whereas adult females and
an especially important role as nest same area with no additional detections juveniles had an olive-green head and
predators of Maui akepa. While the only of the species. Available information yellow or yellowish gray under-parts.
nest of Maui akepa ever reported was indicates that the species was not able The species’ coloration and bill shape
built in tree foliage, the birds may also to persist in the face of environmental were quite distinctive, making visual
have selected tree cavities as does the stressors, and we conclude that best identification of Maui nukupuu
very similar Hawaii akepa (Loxops available scientific and commercial relatively easy. The Maui nukupuu’s
coccineus coccineus). In Maui forests, information indicates that the species is song resembled the warble of a house
nest trees are of shorter stature than extinct. finch (Carpodacus mexicanus), but was
where akepa survive on Hawaii Island. Maui Nukupuu (Hemignathus lucidus lower in pitch. Both the song and the
Suitable cavity sites on Maui are low in affinis) ‘‘kee-wit’’ call resembled those of Maui
the vegetation, some near or at ground parrotbill (Pseudonestor xanthophrys),
level, and thus more accessible to rats. I. Background and audio detection required visual
High densities of both black and The Maui nukupuu (Hemignathus confirmation (USFWS 2006, p. 2–92).
Polynesian rats (Rattus rattus and R. lucidus affinis, listed as Hemignathus
exulans) are present in akepa habitat on affinis) was listed as endangered on Survey Effort
Maui (USFWS 2006, p. 2–136). October 13, 1970 (35 FR 16047), and Historically, the Maui nukupuu was
The population of Maui akepa was was included in the Maui-Molokai known only from Maui, but subfossil
estimated at 230 birds in 1980 (Scott et Forest Birds Recovery Plan (USFWS bones of a probable Maui nukupuu from
al. 1986, p. 154); however, confidence 1984, pp. 8, 10–12), and the Revised Molokai show that the species likely
intervals on this estimate were large. In Recovery Plan for Hawaiian Forest Birds formerly inhabited that island (USFWS
addition, this may have been an (USFWS 2006, pp. 2–92–2–96). At the 2006, p. 2–92). All records from late
overestimate because it was based on time of listing, we considered Maui 19th and early 20th centuries were from
audio detections that can be confused nukupuu to have very low population locations most accessible to naturalists,
with similar songs of Maui parrotbill. numbers and to be threatened by habitat above Olinda on the northwest rift of
The last confirmed sighting of Maui loss, avian disease, and predation by Haleakala, and from mid-elevation
akepa was in 1988, from Hanawi NAR introduced mammals. The 5-year status forests in Kipahulu Valley (USFWS
(Engilis 1990, p. 69). Over 10,000 search review completed in 2018 (initiated on 2006, pp. 2–134). Observers at the time
hours in Hanawi NAR and nearby areas February 12, 2016; see 81 FR 7571) noted the restricted distribution and low
including Kipahulu Valley from October recommended delisting due to population density of Maui nukupuu.
1995 through June 1999 failed to extinction (USFWS 2018, p. 11). As on Kauai, introduced mosquitoes
confirm presence of Maui akepa (Pratt The Maui nukupuu was known only and avian diseases may have already
LOTTER on DSK11XQN23PROD with PROPOSALS2

and Pyle 2000, p. 37). Field presence by from the island of Maui in the Hawaiian limited these birds to forests at higher
qualified observers from 2006 to 2011 in Islands. The historical record provides elevations, and we can presume that the
the area Maui akepa was last known little information on the life history of Maui nukupuu once had a much wider
failed to detect this species, and the the Maui nukupuu (Rothschild 1893 to geographic range (USFWS 2006, pp. 2–
MFBRP project coordinator concluded 1900, pp. 103–104; Perkins 1903, pp. 92). In 1967, Maui nukupuu were
that if Maui akepa were present they 426–430). Nothing is known of its rediscovered in the upper reaches of
would have been detected (Mounce breeding biology, which likely was Kipahulu Valley on the eastern slope of
2018, pers. comm.). Further, using the similar to its closest relative, the Haleakala, east Maui (Banko 1968, pp.

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54314 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

65–66; USFWS 2006, pp. 2–95). Since to 1999, for a total of 320 hours, with The last confirmed sighting of Maui
then, isolated sightings have been no detections of Maui nukupuu. The nukupuu was in 1996, from Hanawi
reported on the northern and eastern Kipahulu searches were hampered, NAR (Reynolds and Snetsinger 2001, p.
slopes of Haleakala, but these reports however, by bad weather, and playback 140). Over 10,000 person-search hours
are uncorroborated by behavioral was not used (Vetter 2018, pers. comm.). in Hanawi NAR and nearby areas,
information or follow-up sightings Despite over 10,000 person-hours of including Kipahulu Valley, from
(USFWS 2006, pp. 2–95). searching in the Hanawi NAR and October 1995 through June 1999 failed
Based on a single sighting of an nearby areas from October 1995 through to confirm this sighting or to detect
immature bird during VCP surveys in June 1999, searches failed to confirm other individuals (Pratt and Pyle 2000,
1980, the population of Maui nukupuu detection in 1996 of Maui nukupuu, or p. 37). While working on Maui
was estimated to be 28 individuals, with produce other sightings (Pratt and Pyle parrotbill recovery from 2006 to 2011,
a 95 percent confidence interval of plus 2000, p. 37). While working on Maui the MFBRP spent extensive time in the
or minus 56 individuals (Scott et al. parrotbill recovery from 2006 to 2011, area of the last Maui nukupuu sighting;
1986, pp. 37, 131). On Maui, VCP the MFBRP spent extensive time in the however, no Maui nukupuu were
surveys are conducted at survey stations area of the last Maui nukupuu sighting. observed, and the MFBRP project
spaced 328 to 820 feet (100 to 250 The MFBRP project coordinator coordinator concluded that if Maui
meters) apart, on transect lines spaced 1 concluded that if Maui nukupuu were nukupuu were still present they would
to 2 miles (1.6 to 3.2 kilometers) apart still present they would have been have been detected (Mounce 2018, pers.
(Scott et al. 1986, pp. 34–40). It was detected (Mounce 2018, pers. comm.). comm.).
estimated that 1,357 8-minute point
counts would be needed to determine Time Since Last Detection IV. Conclusion
with 95 percent confidence the absence The Maui nukupuu was last sighted At the time of listing in 1970, Maui
of Maui nukupuu on Maui (Scott et al. in the Hanawi NAR in 1996 (Reynolds nukupuu had very low population
2008, p. 7). In 2008, only 35 VCP counts and Snetsinger 2001, p. 140). Surveys numbers and faced threats from habitat
had been conducted on Maui in areas conducted during the late 1990s and loss, avian disease, and predation by
where Maui nukupuu could still early 2000s were unable to locate the introduced mammals. The species
potentially exist. Although the results of species (Pratt and Pyle 2000, p. 37; appears to have been vulnerable to
VCP surveys in 1980 find Maui Baker 2001, p. 147). avian disease and the effects of small
nukupuu extant at that time, a Elphick et al 2010 (p. 630) attempted population size. The latter likely limited
tremendous effort is required to confirm to apply their method to predict the the species’ genetic variation and
this species’ extinction using VCP probability of species extinction for the adaptive capacity, thereby increasing
method (Scott et al. 2008). For Maui Maui nukupuu based on time (years) the vulnerability of the species to the
nukupuu, nearly 39 times more VCP since the species was last observed (see environmental stressors of habitat
counts than conducted up to 2008 Time Since Last Detection section for degradation and predation by nonnative
would be needed to confirm this Kauai akialoa, above). Basing extinction mammals. Since its last detection in
species’ extinction with 95 percent probability solely on the sighting record 1996, qualified observers have
confidence. The RBS reported an adult without physical evidence has the conducted extensive searches in the
male Maui nukupuu with bright yellow drawback that an incorrect assignment area where the species was last sighted
plumage at 6,021 feet (1,890 meters) of species extinction may occur due to and other native forest habitat where the
elevation in 1996 from Hanawi Natural inadequate survey effort and/or species occurred historically, but have
Area Reserve (Hanawi NAR) (Reynolds insufficient time spent by qualified not detected the species. Available
and Snetsinger 2001, p. 140). Surveys observers in areas where the species information indicates that the species
and searches have been unsuccessful in could still potentially exist. Therefore, was not able to persist in the face of
finding Maui nukupuu since the last observations in 1967, 1980, and 1996 environmental stressors, and we
confirmed sighting by RBS. Based on were not considered for this analysis conclude that the best available
these results, the last reliable record of because they did not meet the scientific and commercial data indicate
Maui nukupuu was from Hanawi NAR researchers’ criteria for a confirmed that the species is extinct.
in 1996 (24 years ago). sighting. Therefore, using 1896 as the
Qualified observers spent extensive last observation of Maui nukupuu, Molokai Creeper (Paroeomyza flammea)
time searching for Maui nukupuu, under their stringent criteria, the I. Background
po‘ouli (Melamprosops phaeosoma), authors were unable to determine an
and Maui akepa (Loxops coccineus estimated date for species extinction. The Molokai creeper (Paroreomyza
ochraceus, listed as Loxops ochraceus) flammea, or kākāwahie in the Hawaiian
III. Analysis language) was listed as endangered on
in the 1990s. Between September 1995
and October 1996, 1,730 acres (700 The Maui nukupuu is also affected by October 13, 1970 (35 FR 16047), and
hectares) of Hanawi NAR were searched small population sizes and other threats, was included in the Maui-Molokai
during 318 person-days (Baker 2001, p. as discussed above under the Analysis Forest Birds Recovery Plan (USFWS
147). Please refer to the Maui akepa section for the Maui akepa. The 1984, pp. 18–20) and the Revised
Survey Effort section above for the population of Maui nukupuu was Recovery Plan for Hawaiian Forest Birds
method used in this survey. The Maui estimated to be 28 birds in 1980 (Scott (USFWS 2006, pp. 2–121– 2–123). At
Forest Bird Recovery Project (MFBRP) et al. 1986, pp. 37, 131); however, the time of listing, the Molokai creeper
LOTTER on DSK11XQN23PROD with PROPOSALS2

conducted searches from 1997 to 1999, confidence intervals on this estimate was considered extremely rare and
from Hanawi NAR to Koolau Gap (west were large. This population was faced threats from habitat loss, avian
of the last sighting of Maui nukupuu) for vulnerable to negative effects of small disease, and predation by introduced
a total of 355 hours of searches at three population size, including stochastic mammals. Three 5-year status reviews
sites with no detections of Maui effects and genetic drift that can have been completed; the 2009
nukupuu (Vetter 2018, pers. comm.). accelerate the decline of small (initiated on July 6, 2005; see 70 FR
The MFBRP also searched Kipahulu populations. However, even rare species 38972) and 2015 (initiated on March 6,
Valley on northern Haleakala from 1997 can persist despite having low numbers. 2012; see 77 FR 13248) reviews did not

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54315

recommend a change in status, though USFWS 2006, pp. 2–29). Using playback creeper. The estimated year of
there was some information indicating recordings for Molokai thrush, searchers extinction is 1969, with 1985 as the 95
the species was already extinct (USFWS covered the reserve area fairly well, but percent confidence upper bound
2009, p. 11; USFWS 2015, p. 8). The 5- no Molokai creepers or Molokai thrush (Elphick et al. 2010, p. 620). It is highly
year status review completed in 2018 were detected (Vetter 2018, pers. likely that avian disease, thought to be
(initiated on February 12, 2016; see 81 comm.). the driver of range contraction and
FR 7571) recommended delisting due to No Molokai creepers were detected disappearance of many Hawaiian
extinction based in part on continued during VCP surveys beginning in the honeycreeper species, was present
lack of detections and consideration of late 1970s to the most recent Hawaiian periodically throughout nearly all of the
extinction probability (USFWS 2018, p. forest bird survey on Molokai in 2010 Molokai creeper’s range over the last
9). (Scott et al. 1986, p. 37; Camp 2015, half-century.
The Molokai creeper was known only pers. comm.). On Molokai, VCP surveys
are 8-minute point counts conducted at IV. Conclusion
from Molokai in the Hawaiian Islands.
Only fragmentary information is stations separated by a distance of 492 At the time of listing in 1970, the
available about the life history of the to 656 feet (150 to 200 meters) along Molokai creeper was considered to be
species from the writings of early transect lines 1 to 2 miles (1.6 to 3.2 facing threats from habitat loss, avian
naturalists (Perkins 1903, pp. 413–417; kilometers) apart (Scott et al. 1986, pp. disease, and predation by introduced
Pekelo 1963, p. 64; USFWS 2006, p. 2– 34–40). It was estimated that 215,427 8- mammals. The best information now
122). This species was an insectivore minute point counts would be needed to indicates that the Molokai creeper is
that gleaned vegetation and bark in wet determine with 95 percent confidence extinct. The species appears to have
ohia (Metrosideros polymorpha) forests the absence of Molokai creeper on Maui been vulnerable to avian disease, as well
and was known almost solely from (Scott et al. 2008, p. 7). In 2008, only as the effects of small population size.
boggy areas of Molokai (Pekelo 1963, p. 131 VCP counts had been conducted on The latter likely limited the species’
64), although there is one record in 1907 Molokai in areas where Molokai creeper genetic variation and adaptive capacity,
of the species from lower elevation could still potentially exist. For the thereby increasing the vulnerability of
forest of leeward east Molokai (USFWS Molokai creeper, nearly 1,650 times the species to the environmental
2006, pp. 2–121). more VCP counts than conducted up to stressors of habitat degradation and
2008 would be needed to confirm the predation by nonnative mammals. Since
II. Information on Detectability, Survey species’ extinction with 95 percent its last detection in 1963, qualified
Effort, and Time Since Last Detection confidence. Based on species detection observers have conducted extensive
Species Detectability probability, the RBS determined the searches for the Molokai creeper but
likelihood of the Molokai creeper being have not detected the species. Available
Adult males were mostly scarlet in extirpated from the Kamakou-Pelekunu information indicates that the species
various shades, while adult females plateau was greater than 95 percent. The was not able to persist in the face of
were brown with scarlet washes and RBS estimated the Molokai creeper to be environmental stressors, and we
markings, and juvenile males ranged extinct over the entirety of its range, but, conclude that the best available
from brown to scarlet with many because not all potential suitable habitat scientific and commercial information
gradations. The bill was short and was searched, extinction probability indicates that the species is extinct.
straight. Its calls were described as chip was not determined (Reynolds and
or chirping notes similar to other Snetsinger 2001, p. 141). Po‘ouli (Melamprosops phaeosoma)
creeper calls (USFWS 2006, pp. 2–122).
Time Since Last Detection I. Background
Its closest relatives are the Maui creeper
(Paroreomyza montana) and the Oahu The last reliable record (based on We listed the po‘ouli (Melamprosops
creeper (P. maculata). The species’ independent expert opinion and phaeosoma) as endangered on
coloration and bill shape were physical evidence) of Molokai creeper September 25, 1975 (40 FR 44149), and
distinctive, and Molokai creeper was was from Pelekunu Valley in 1963 the species was included in the Maui-
identified visually with confidence. (Pekelo 1963, p. 64). Using 1963 as the Molokai Forest Birds Recovery Plan
last reliable observation record for (USFWS 1984, pp. 16–17), and the
Survey Effort Revised Recovery Plan for Hawaiian
Molokai creeper, 1969 is estimated to be
Molokai creeper was common in year of extinction of the Molokai creeper Forest Birds (USFWS 2006, pp. 2–144–
1907, but by the 1930s, they were with 1985 as the upper 95 percent 2–154). At the time of listing, we
considered in danger of extinction confidence bound (Elphick et al. 2010, considered the po‘ouli to have very low
(Scott et al. 1986, p. 148). The species p. 620). abundance and to likely be threatened
was last detected in 1963, on the west by habitat loss, avian disease, and
rim of Pelekunu Valley (Pekelo 1963, p. III. Analysis predation by introduced mammals.
64). Surveys and searches have been The Molokai creeper faces similar Three 5-year status reviews have been
unsuccessful in finding the Molokai threats to the other Maui bird species completed; the 2010 (initiated on April
creeper since the last sighting, including (see Analysis section for the Maui 11, 2006; see 71 FR 18346) and 2015
VCP surveys on the Olokui Plateau in akepa, above). The last confirmed (initiated on March 6, 2012; see 77 FR
1980 and 1988, and the RBS of the detection of the Molokai creeper was in 13248) reviews did not recommend a
Kamakou-Pelekunu Plateau in 1995 1963 (Pekelo 1963, p. 64). Forest bird change in status, though there was some
LOTTER on DSK11XQN23PROD with PROPOSALS2

(Reynolds and Snetsinger 2001, p. 141). surveys in 1980, 1988, and 2010, and information indicating the species was
Following up on a purported sighting in the RBS in 1994–1996 (although not already extinct (USFWS 2010, p. 13;
2005 of a Molokai thrush (Myadestes including the Olokui Plateau), failed to USFWS 2105, p. 8). The 5-year status
lanaiensis rutha), a survey was detect this species. A 2- to 3-day search review completed in 2018 (initiated on
conducted over 2 to 3 days in Puu Alii by qualified personnel for the Molokai February 12, 2016; see 81 FR 7571)
Natural Area Reserve (Puu Alii NAR), thrush in Puu Alii NAR in 2005, the last recommended delisting due to
the last place the Molokai creeper was location where Molokai creeper was extinction, based in part on continued
sighted in the 1960s (Pekelo 1963, p. 64; sighted, also failed to detect the Molokai lack of detections and consideration of

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54316 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

extinction probability (USFWS 2018, were likely inaccurate and considered 2006 to 2011 in Hanawi NAR, where
pp. 4–5, 10). imprecise due to the species’ low po‘ouli was last observed, failed to
The po‘ouli was known only from the density and cryptic behavior (USFWS detect this species, as did searches of
island of Maui in the Hawaiian Islands 2006, p. 2–147). In 1994, after nearly 2 Kipahulu Valley near Hanawi NAR from
and was first discovered in 1973, in years without a sighting, the continued 1997 to 1999 (USFWS 2006, p. 2–94).
high-elevation rainforest on the east existence and successful breeding of Using 2004 as the last reliable
slope of Haleakala (USFWS 2006, p. 2– five to six po‘ouli in the Kuhiwa observation record for po‘ouli, the
146). Fossil evidence shows that the drainage of Hanawi Natural Area estimated year the species went extinct
po‘ouli once inhabited drier forests at Reserve (Hanawi NAR) was confirmed is 2005, with 2008 the upper 95 percent
lower elevation on the leeward slope of (Reynolds and Snetsinger 2001, p. 141). confidence bound on that estimate
Haleakala, indicating it once had a Thorough surveys of the historical range (Elphick et al. 2010, p. 620).
much broader geographic and habitat between 1997 and 2000, the Maui Forest
IV. Conclusion
range (USFWS 2006, p. 2–147). Po‘ouli Bird Recovery Program (MFBRP) located
were observed singly, in pairs, and in only three birds, all in separate At the time of its listing in 1975, we
family groups consisting of both parents territories in Hanawi NAR. These three considered po‘ouli to have very low
and a single offspring (Pratt et al. 1997, po‘ouli were color-banded in 1996 and population abundance, and to face
p. 1). Po‘ouli foraged primarily on tree 1997, and subsequently observed (see threats from habitat loss, avian disease,
branches, making extensive use of the below), but no other individuals have and predation by introduced mammals.
subcanopy and understory. They been observed since then (Baker 2001, The best available information now
seemed to have preferred the native p. 144; USFWS 2006, pp. 2–147–2–148). indicates that the po‘ouli is extinct.
hydrangea (kanawao (Broussaisia The MFBRP searched Kipahulu Valley Although the po‘ouli was last detected
arguta)), the native holly (kawau (Ilex on northern Haleakala from 1997 to as recently as early 2004, the species
anomala)), and ohia (Metrosideros 2000, for a total of 320 hours, but failed appears to have been vulnerable to the
polymorpha) (Pratt et al. 1997, p. 4). to detect po‘ouli. These searches were effects of small population size since it
Po‘ouli gleaned from, probed, and hampered by bad weather, however, and was first discovered in 1973. The small
excavated moss mats, lichen, and bark playback was not used (Vetter 2018, population size likely limited its genetic
for small invertebrate prey. Egg-laying pers. comm.). variation, disease resistance, and
took place in March and April for two adaptive capacity over time, thereby
Time Since Last Detection increasing the vulnerability of the
nests observed, and clutch size was
In 2002, what was thought to be the species to the environmental stressors of
probably two eggs (Kepler et al. 1996,
only female po‘ouli of the three in habitat degradation and predation by
pp. 620–638). The female alone
Hanawi NAR was captured and released nonnative mammals. Experienced staff
incubated eggs and brooded chicks, but
into one of the male’s territories, but she with MFBRP conducted extensive
both parents fed the chicks. Throughout
returned to her home range the recovery work in po‘ouli habitat
nesting, the male fed the female at or
following day (USFWS 2006, p. 2–151). between 2006 and 2011 and had no
away from the nest. Po‘ouli often
In 2004, an effort was initiated to detections of the species. Available
associated with mixed species foraging
capture the three remaining po‘ouli to information indicates that the species
flocks of other insectivorous
breed them in captivity. One individual was not able to persist in the face of
honeycreepers. Po‘ouli were unusually
was captured and successfully environmental stressors, and we
quiet. Males rarely sang and did so
maintained in captivity for 78 days, but conclude that the species is extinct.
mostly as part of courtship prior to egg-
died on November 26, 2004, before a
laying. The maximum lifespan of this Fishes
potential mate could be obtained. The
species is estimated to be 9 years (The
remaining two birds were last seen in San Marcos Gambusia (Gambusia
Animal Aging and Longevity Database
December 2003 and January 2004 georgei)
2020, unpaginated).
(USFWS 2006, pp. 2–153–2–154). While
I. Background
II. Information on Detectability, Survey working on Maui parrotbill
Effort, and Time Since Last Detection (Pseudonestor xanthophrys) recovery We listed the San Marcos gambusia
from 2006 to 2011, the MFBRP spent (Gambusia georgei), a small fish, as
Species Detectability endangered throughout all of its range
extensive time in the area of the last
The po‘ouli was a medium-sized, 0.9 po‘ouli sightings. No po‘ouli were seen on July 14, 1980 (45 FR 47355). We
ounce (26 gram), stocky Hawaiian or heard. The MFBRP project concurrently designated approximately
honeycreeper, easily recognized by its coordinator concluded that if po‘ouli 0.5 miles of the San Marcos River as
brown plumage and characteristic black were present, they would have been critical habitat for the species (45 FR
mask framed by a gray crown and white detected (Mounce 2018, pers. comm.). 47355, July 14, 1980, p. 47364). The San
cheek patch. However, po‘ouli were Using 2004 as the last reliable Marcos gambusia was endemic to the
unusually quiet. Although distinctive observation record for po‘ouli, 2005 is San Marcos River in San Marcos, Texas.
visually, because the species rarely estimated to be the year of extinction, The San Marcos gambusia has
vocalized, it was difficult to survey by with 2008 as the upper 95 percent historically only been found in a section
audio detections. confidence bound on that estimate of the upper San Marcos River
(Elphick et al. 2010, p. 620). approximately from Rio Vista Dam to a
Survey Effort
point near the U.S. Geological Survey
LOTTER on DSK11XQN23PROD with PROPOSALS2

The po‘ouli was first discovered in III. Analysis gaging station immediately downstream
1973 (USFWS 2006, p. 2–146). Total The Po’ouli faced similar threats to from Thompson’s Island. Only a limited
population was estimated at 140 other Maui occurring bird species (see number of species of Gambusia are
individuals, with a 95 percent the Analysis section for the Maui akepa, native to the United States; of this
confidence interval of plus or minus 280 above). The last confirmed sighting of subset, the San Marcos gambusia had
individuals, during VCP surveys in 1980 po‘ouli was in 2004 from Hanawi NAR one of the most restricted ranges.
(Scott et al. 1986, pp. 37, 183), but (USFWS 2006, p. 2–154). Extensive field We listed the species as endangered
estimates of population size and density presence by qualified individuals from due to decline in population size, low

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54317

population numbers, and possibility of II. Information on Detectability, Survey attempts to locate individuals to bring
lowered water tables, pollution, bottom Effort, and Time Since Last Detection into captivity.
plowing (a farming method that brings Intensive searches for San Marcos
Species Detectability
subsoil to the top and buries the gambusia were conducted in May, July,
previous top layer), and cutting of Historically, the San Marcos gambusia and September of 1990, but were
vegetation (43 FR 30316, July 14, 1978, had small populations, and the pattern unsuccessful in locating any pure San
p. 30317). We identified groundwater of abundance strongly suggests a Marcos gambusia. The searches
depletion, reduced spring flows, decrease beginning prior to the mid- consisted of more than 180 people-
contamination, habitat impacts resulting 1970s. Historical records indicate that hours of effort over the course of 3
from severe drought conditions, and San Marcos gambusia was likely separate days and covered the area from
cumulative effects of human activities collected from the headwaters of the the headwaters at Spring Lake to the
as threats to the species (45 FR 47355, San Marcos River (Hubbs and Peden San Marcos wastewater treatment plant
July 14, 1980, p. 47361). At the time of 1969, p. 28). The highest number of San outfall. Over 15,450 Gambusia were
listing, this species was extremely rare. Marcos gambusia ever collected was 119 identified during the searches. One
There has also been evidence of in 1968. Because this species preferred individual collected during the search
hybridization between G. georgei and G. sections of slow-moving waters and had was visually identified as a possible
affinis (western mosquitofish) in the a limited historical range of a small backcross of G. georgei and G. affinis
wild. Hybridization between G. georgei section of the San Marcos River, (Service 1990 permit report). This
and G. affinis continued for many years potential detection was not expected to individual was an immature fish with
without documented transfer of genes be difficult. plain coloration. Additional sampling
between the species that would have Survey Effort near the Interstate Highway 35 type
resulted in the establishment of a new locality has occurred at approximately
species (Hubbs and Peden 1969, p. 357). In 1976, we contracted a status survey yearly intervals since 1990, and no San
Based on collections in the 1920s, a to improve our understanding of the Marcos gambusia have been found. No
study in the late 1960s, surmised that species and its habitat needs. We San Marcos gambusia were found in the
limited hybridization with G. affinis did facilitated bringing individuals into 32,811 Gambusia collected in the upper
not seem to have reduced the specific captivity for breeding and study. Many San Marcos River by the Service from
integrity of either species. However, as researchers have been involved and 1994 to 1996 (Edwards 1999, pp. 6–13).
fewer G. georgei individuals existed in have devoted considerable effort to
attempts to locate and preserve Time Since Last Detection
the wild and therefore encountered each
other, the chances of hybridization with populations. Intensive collections Academic researchers, Texas Parks
the much more common G. affinis during 1978 and 1979 yielded only 18 and Wildlife Department scientists, and
increased. San Marcos gambusia from 20,199 the Service have continued to search for
All currently available scientific data Gambusia total, which means San the San Marcos gambusia during all
and field survey data indicate that this Marcos gambusia amounted to only 0.09 collection and research with fishes on
species has been extinct in the wild for percent of those collections (Edwards et the San Marcos River. San Marcos
over 35 years. The last known sighting al. 1980, p. 20). Captive populations gambusia have not been found in the
in the wild was in 1983, and past were established at the University of wild since 1983, even with intensive
hybridization in the wild between G. Texas at Austin in 1979, and fish from searches, including the ones conducted
georgei and G. affinis failed to result in that captive population were used to in May, July, and September of 1990,
establishment of a hybridized species establish a captive population at our covering the species’ known range and
that would facilitate the transfer of Dexter National Fish Hatchery in 1980. designated critical habitat. Since 1996,
genes from one species to the other. Both captive populations later became all attempts to locate and collect San
Also, captive breeding attempts of G. contaminated with another Gambusia Marcos gambusia have failed (Edwards
georgei failed. In 1985, the last captive species. The fish hybridized, and the 1999, p. 3; Edwards et al. 2002, p. 358;
female San Marcos gambusia died. pure stocks were lost. Hendrickson and Cohen 2015; Bio-West
Because no males remained, we Following the failed attempt at 2016, p. 43; Bonner 2018, pers. comm.).
concluded captive breeding efforts, and maintaining captive populations at More recent surveys and analyses of fish
no individuals remain alive in captivity Dexter National Fish Hatchery and the species already consider the San Marcos
today. subsequent listing of the species in gambusia extinct (Edwards et al. 2002;
On March 20, 2008, we published a 1980, we contracted for research to Hubbs et al. 2008). Additionally,
notice in the Federal Register (73 FR examine known localities and collect hybridized individuals have not been
14995) that we were initiating a 5-year fish to establish captive refugia. documented since 1990.
review of the species. We did not Collections made in 1981 and 1982
receive any comments or new within the range of San Marcos III. Analysis
information, and the 5-year review was gambusia indicated a slight decrease in Although the population of San
not completed at that time. On May 31, relative abundance of this species (0.06 Marcos gambusia was historically small,
2018, we published a notice in the percent of all Gambusia). From 1981 to it also had one of the most restricted
Federal Register (83 FR 25034) 1984, efforts were made to relocate ranges of Gambusia species. San Marcos
initiating another 5-year review of the populations and reestablish a culture of gambusia have not been found in the
species. The review relied on available individuals for captive refugia. Too few wild since 1983, even with intensive
LOTTER on DSK11XQN23PROD with PROPOSALS2

information, including survey results, pure San Marcos gambusia and hybrids searches, including the ones conducted
fish collection records, peer-reviewed were found to establish a culture, in May, July, and September of 1990,
literature, various agency records, and although attempts were made with the covering the species’ known range and
correspondences with leading few fish available (Edwards et al. 1980, designated critical habitat. No San
Gambusia species experts in Texas. p. 24). In the mid-1980s, staff from the Marcos gambusia were found in the
That 5-year review recommended San Marcos National Fish Hatchery and 32,811 Gambusia collected in the upper
delisting the San Marcos gambusia due Technology Center also searched San Marcos River by the Service from
to extinction. unsuccessfully for the species in 1994 to 1996 (Edwards 1999, pp. 6–13).

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54318 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

Additional sampling near the Interstate classification of endangered. Two II. Information on Detectability, Survey
Highway 35 type locality has occurred additional 5-year reviews were initiated Effort, and Time Since Last Detection
at approximately yearly intervals since in 2009 (74 FR 11600; March 18, 2009) Species Detectability
1990. Since 1996, all attempts to survey and 2014 (79 FR 38560; July 8, 2014).
and collect San Marcos gambusia failed The recommendations from both of The Scioto madtom looked similar to
to find them (Edwards 1999, p. 3; these reviews were to delist the species other madtom species but could be
Edwards et al. 2002, p. 358; due to extinction (Service 2009, p. 7; distinguished by meristic and
Hendrickson and Cohen 2015; Bio-West Service 2014, p. 6). morphometric characters, such as the
2016, p. 43; Bonner 2018, pers. comm.). The Scioto madtom was a small, number of pectoral and anal rays. The
Additionally, no detections of nocturnal species of catfish in the species, like other madtom species, was
hybridized San Marcos gambusia with family Ictaluridae. The Scioto madtom relatively cryptic as they hid during the
G. affinis is further evidence that has been found only in a small section daylight hours under rocks or in
extinction has occurred. of Big Darby Creek, a major tributary to vegetation and emerged after dark to
In addition to the San Marcos the Scioto River, and was believed to be forage along the bottom of the stream.
gambusia not being found in the wild, endemic to the Scioto River basin in Despite these detection challenges,
all attempts at captive breeding have central Ohio (40 FR 44149, September many surveys by experienced biologists
failed. This is largely due to 25, 1975; Service 1985, p. 10; Service have been undertaken to try to locate
unsuccessful searches for the species in 1988, p. 1). extant populations of Scioto madtom.
attempts to locate individuals to bring The species was first collected in Survey Effort
into captivity. 1943 (Trautman 1981, p. 504), and was No Scioto madtoms have been
Due to the narrow habitat preference first described as a species, Noturus observed since 1957, despite intensive
and limited range of the San Marcos trautmani, in 1969 (Taylor 1969, pp. fish surveys throughout Big Darby Creek
gambusia, and the exhaustive survey 156–160). Only 18 individuals of the in 1976–1977 (Service 1977, p. 15),
and collection efforts that have failed to Scioto madtom were ever collected. All 1981–1985 (Service 1982, p. 1; Service
detect the species, we conclude there is were found along one stretch of Big 1985, p. 1), 2014–2015 (OEPA 2018, p.
a very low possibility of an individual Darby Creek, and all but one were found 48), and 2001–2019 (Kibbey 2009, pers.
or population remaining extant but within the same riffle known as comm.; Zimmerman 2014, 2020, pers.
undetected. Therefore, the decrease in Trautman’s riffle. The riffle habitat was comm.).
San Marcos gambusia abundance, and comprised of glacial cobble, gravel, The fish surveys conducted in Big
the lack of hybridized individuals in sand, and silt substrate, with some large Darby Creek in 1976–1977 and 1981–
any recent samples, indicates that the boulders (Trautman 1981, p. 505) with 1985 specifically targeted the Scioto
species is extinct. moderate current and high-quality water madtom. The 1976–1977 survey found
IV. Conclusion free of suspended sediments. 41 madtoms of 3 species and 34 species
The Scioto madtom was an of fish in riffles at and near the Scioto
The San Marcos gambusia was omnivorous bottom feeder that ate a madtom type locality (Service 1977, pp.
federally listed as endangered in 1980. wide variety of plant and animal life, 13–15). The 1981–1985 survey occurred
At the time of listing, this species was which it found with its sensory barbels throughout Big Darby Creek and found
rare. The last known collections of San hanging down in front of its mouth. a total of 2,417 madtoms of 5 species
Marcos gambusia from the wild were in Little is known of its reproductive (Service 1985, pp. 1, 5, 19–23). Twenty-
1981 (Edwards 2018, pers. comm.), and habits, although it likely spawned in two percent (542 individuals) of the
the last known sighting in the wild summer and migrated downstream in total madtoms were riffle madtoms of
occurred in 1983. In 1985, after the fall (Trautman 1981, p. 505). the subgenus Rabida, which also
unsuccessful breeding attempts with The exact cause of the Scioto includes the Scioto madtom (Service
Gambusia affinis from the upper San madtom’s decline is unknown, but was 1985, p. 1). None of the species
Marcos River, the last captive female likely due to modification of its habitat identified were the Scioto madtom.
San Marcos gambusia died. All available from siltation, suspended industrial The 2014–2015 fish surveys occurred
information and field survey data effluents, and agricultural runoff (40 FR throughout the Big Darby Creek
support a determination that the San 44149, September 25, 1975; Service watershed as part of the Ohio
Marcos gambusia has been extinct in the 1988, p. 2). At the time of listing, two Environmental Protection Agency’s
wild for more than 35 years. We have dams were proposed for Big Darby (OEPA’s) water quality monitoring
reviewed the best scientific and Creek, although ultimately they were program. A total of 96,471 fish
commercial data available to conclude never constructed. It should also be representing 85 different species and 6
that the species is extinct. noted that the northern madtom hybrids, were collected at 93 sampling
Scioto Madtom (Noturus trautmani) (Noturus stigmosus) was first observed locations throughout the Big Darby
in Big Darby Creek in 1957, the same Creek study area during the 2014
I. Background year the last Scioto madtom was sampling season. Fish surveys were
The Scioto madtom (Noturus collected (Service 1982, p. 3; Kibbey conducted at numerous sites in Big
trautmani) was listed as endangered on 2009, pers. comm.). Both species likely Darby Creek between 2001 and 2019,
September 25, 1975 (40 FR 44149) due feed on small invertebrates and shelter using a variety of survey techniques,
to the pollution and siltation of its in openings in and around rocks and including seining, boat electrofishing,
LOTTER on DSK11XQN23PROD with PROPOSALS2

habitat and the proposal to construct boulders. Given the apparent small backpack electrofishing, and dip netting
two impoundments within its range. population size and highly restricted (Zimmerman 2020, pers. comm.).
Scioto madtom was included in 5-year range of the Scioto madtom in the 1940s Another survey was also conducted
reviews initiated on February 27, 1981 and 1950s, it is possible that the species annually in the Big Darby Creek from
(46 FR 14652), July 22, 1985 (50 FR was unable to successfully compete 1970 to 2005 (Cavender 1999, pers.
29901), and on November 6, 1991 (56 with the northern madtom for the same comm.; Kibbey 2016, pers. comm.).
FR 56882). These reviews resulted in no food and shelter resources (Kibbey 2009, These surveys also included extensive
change in the Scioto madtom’s listing pers. comm.). searches for populations of Scioto

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54319

madtoms outside of the type locality in IV. Conclusion runs (USFWS 2000, p. 81). This type of
Big Darby Creek (Kibbey 2016, pers. We conclude that the Scioto madtom habitat has been nearly eliminated
comm.). In addition to fish surveys in is extinct and, therefore, should be within the historical range of the species
the Big Darby Creek watershed, the delisted. This conclusion is based on a because of the construction of the
OEPA has conducted a number of fish lack of detections during numerous Tennessee-Tombigbee Waterway in
studies throughout the Upper, Middle, surveys conducted for the species and 1984, which created a dredged,
and Lower Scioto River watershed as significant alteration of habitat at its straightened navigation channel and a
part of the agency’s Statewide Water known historical location. series of impoundments that inundated
Quality Monitoring Program (OEPA nearly all riverine mussel habitat
1993a, 1993b, 1999, 2002, 2004, 2006, Mussels (USFWS 1989, p. 1).
2008, 2012, 2019, entire). These surveys Flat Pigtoe (Pleurobema marshalli) The flat pigtoe was historically known
have never detected a Scioto madtom. from the Tombigbee River from just
I. Background above Tibbee Creek near Columbus,
Time Since Last Detection
The flat pigtoe (formerly known as Mississippi, downstream to Epes,
No collections of the Scioto madtom Marshall’s pearly mussel), Pleurobema Alabama (USFWS 1989, p. 3). Surveys
have been made since 1957. Given that marshalli, was listed as endangered on in historical habitat over the past three
the extensive fish surveys conducted April 7, 1987 (52 FR 11162) primarily decades have failed to locate the
since 1970 within the species’ historical due to habitat alteration from a free- species, and all historical habitat is
location, as well as along the entire flowing riverine system to an impounded or modified by
length of Big Darby Creek and in the impounded system. The recovery plan channelization and impoundments
greater Scioto River watershed, have (‘‘Recovery Plan for Five Tombigbee (USFWS 2015, p. 5). No live or freshly
recorded three other species of madtom River Mussels’’) was completed on dead shells have been observed since
but not the Scioto madtom, it is highly November 14, 1989. A supplemental the species was listed in 1987 (USFWS
unlikely that the Scioto madtom has recovery plan (‘‘Mobile River Basin 2009, p. 4; USFWS 2015, p. 5).
persisted without detection. Aquatic Ecosystem Recovery Plan’’) was The Tombigbee River freshwater
issued on November 17, 2000. This plan mussel fauna once consisted of more
Other Considerations Applicable to the did not replace the existing recovery than 40 species (USFWS 1989, p. 1).
Species’ Status plan; rather, it was intended to provide Construction of the Tennessee-
additional habitat protection and Tombigbee Waterway adversely
The habitat that once supported the species husbandry recovery tasks. The
Scioto madtom has been drastically impacted some of the species (including
species’ recovery priority number (RPN) flat pigtoe), as evidenced by surveys
altered, primarily via strong episodic is 5, indicating a high degree of threat
flooding. Although periodic flooding conducted by the Service, the Tennessee
and low recovery potential. A 5-year Valley Authority (TVA), the Mobile
has historically been a part of Big Darby review was announced on November 6,
Creek’s hydrological regime, many of District Corps of Engineers, and others
1991 (56 FR 56882); no changes were (USFWS 1989, p. 1). The construction of
the original riffles where Scioto proposed for the status of this mussel in
madtoms were collected from just the Tennessee-Tombigbee Waterway
that review. Two additional 5-year was completed in 1984, and drastically
downstream of the U.S. Route 104 reviews were completed in 2009
Bridge to approximately one-half mile modified the upper Tombigbee River
(initiated on September 8, 2006; see 71 from a riverine to a largely impounded
upstream have been washed out to the FR 53127) and 2015 (initiated on March
point where they are nearly gone ecosystem from Town Creek near
25, 2014; see 79 FR 16366); both Amory, Mississippi, downstream to the
(Kibbey 2009, pers. comm.). recommended delisting the flat pigtoe
Furthermore, pollution sources Demopolis Lock and Dam (USFWS
due to extinction. The Service solicited 1989, p. 1). Construction of the
throughout the Scioto River watershed, peer review from six experts for both 5-
including row crop agriculture, Waterway adversely impacted mussels
year reviews from State, Federal, and eliminated mussel habitat by
development, and urban runoff, have university, and museum biologists with
reduced the water quality and physical destruction during dredging,
known expertise and interest in Mobile increasing sedimentation, reducing
suitability of habitat for madtoms River Basin mussels (USFWS 2009, pp.
(OEPA 2012, pp. 1–2). water flow, and suffocating juveniles
23–24; USFWS 2015, pp. 15–16); we with sediment (USFWS 1989, p. 6). The
III. Analysis received responses from three of the only remaining habitat after the
peer reviewers, and they concurred with Waterway was constructed was in
There has been no evidence of the the content and conclusion that the several bendways, resulting from
continued existence of the Scioto species is presumed extinct. channel cuts. These bendways have all
madtom since 1957. Surveys for the The flat pigtoe was described in 1927, experienced reduced flows and
species were conducted annually from specimens collected in the increased sediment accumulation, some
between 1970 and 2005, at the only Tombigbee River (USFWS 1989, p. 2). with several feet of sediment buildup.
known location for the species. The shell of the flat pigtoe had pustules Thus, no remaining mussel habitat
Additional surveys in the Big Darby or welts on the postventral surface, and exists (USFWS 1989, p. 6; USFWS 2015,
Creek watershed have never found other the adults were subovate in shape and p. 8). The species is presumed extinct
locations of Scioto madtom. After approximately 2.4 inches long and 2
LOTTER on DSK11XQN23PROD with PROPOSALS2

by species experts (USFWS 2015, p. 8).


decades of survey work with no inches wide (USFWS 1989, p. 2).
individuals being detected, it is Freshwater mussels of the Mobile River II. Information on Detectability, Survey
extremely unlikely that the species is Basin, such as the flat pigtoe, are most Effort, and Time Since Last Detection
extant. Further, available habitat for the often found in clean, fast-flowing water Species Detectability
species in the only location where it has in stable sand, gravel, and cobble gravel
been documented is now much reduced, substrates that are free of silt (USFWS Detection of rare, cryptic, benthic-
which supports the conclusion that the 2000, p. 81). They are typically found dwelling animals like freshwater
species is likely extinct. buried in the substrate in shoals and mussels is challenging and can be

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54320 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

affected by a variety of factors, Survey Effort the difficulty of successful reproduction


including: Prior to listing, freshly dead shells of (USFWS 1989, p. 7). When individuals
• Size of the mussel (smaller mussels, flat pigtoe were collected in 1980, from become scattered, the opportunity for
including juvenile mussels, can be more the Tombigbee River, Lowndes County, egg fertilization is diminished. Coupled
difficult to find in complex substrates Mississippi (USFWS 2009, pp. 4–5), and with habitat changes that result in
than larger mussels, and survey efforts a 1984 survey of the Gainesville reduced host fish interactions, the spiral
must be thorough enough to try to detect Bendway of Tombigbee River also found of failed reproduction leads to local
smaller mussels); shells of the flat pigtoe (USFWS 1989, extirpation and eventual extinction of
the species (USFWS 1989, p. 7).
• Behavior of the mussel (some are p. 4). After listing in 1987, surveys in
found subsurface, some at the surface, 1988 and 1990 only found weathered, III. Analysis
and some above the surface, and relict shells of the flat pigtoe below
There has been no evidence of the
position can vary seasonally (some are Heflin Dam, thus casting doubt on the
continued existence of the flat pigtoe for
more visible during the reproductive continued existence of the species in the
more than three decades. Mussel
phase when they need to come into Gainesville Bendway (USFWS 1989, p.
surveys within the Tombigbee River
contact with host fish; therefore, surveys 4; USFWS 2009, p. 5). Over the past
drainage from 1984–2015 have failed to
likely need to be conducted during three decades, surveys between 1990–
document the presence of the species
different times of the year to improve 2001, and in 2002, 2003, 2009, 2011,
(USFWS 2015, p. 8). All known
detection)); and 2015, of potential habitat
historical habitat has been altered or
• Substrate composition (it can be throughout the historical range,
degraded by impoundments, and the
easier to see/feel mussels in sand and including intensive surveys of the
species is presumed extinct by most
clay than in gravel or cobble; therefore, Gainesville Bendway, where adequate
authorities.
surveys need to include all substrate habitat and flows may still occur below
the Gainesville Dam on the Tombigbee IV. Conclusion
types because mussels can fall off host
fish into a variety of substrates); River in Alabama, have failed to find We conclude that the flat pigtoe is
any live or dead flat pigtoes (USFWS extinct and, therefore, should be
• Size of river (larger rivers usually 2000, p. 81).
have more expansive habitat areas to delisted. This conclusion is based on
search and are sometimes deep, Time Since Last Detection significant alteration of all known
requiring specialized survey techniques historical habitat and lack of detections
The flat pigtoe has not been collected
such as self-contained underwater during numerous surveys conducted
alive since completion of the Tennessee-
breathing apparatus (SCUBA)); throughout the species’ range.
Tombigbee Waterway in 1984 (USFWS
• Flow conditions (visibility can be 2000, p. 81; USFWS 2015, p. 5). Mussel Southern Acornshell (Epioblasma
affected in very fast-flowing, very surveys within the Tombigbee River othcaloogensis)
shallow, or turbid conditions; therefore, drainage during 1984–2015 failed to
I. Background
surveys need to use tactile or excavation document the presence of the flat pigtoe
methods, or delay until turbidity (USFWS 2015, p. 8). The southern acornshell (Epioblasma
conditions improve); othcaloogensis) was listed as
Other Considerations Applicable to the endangered on March 17, 1993 (58 FR
• Surveyor experience (finding Species’ Status 14330), primarily due to habitat
mussels requires a well-developed
Habitat modification is the major modification, sedimentation, and water
search image, knowledge of instream
cause of decline of the flat pigtoe quality degradation. The recovery plan
habitat dynamics, and ability to identify
(USFWS 2000, p. 81). Construction of (‘‘Mobile River Basin Aquatic Ecosystem
and distinguish species); and
the Tennessee-Tombigbee Waterway for Recovery Plan’’) was completed on
• Survey methodology and effort navigation adversely impacted mussels November 17, 2000. Critical habitat was
(excavation and sifting of stream bottom and their habitat by physical destruction initially determined to be not prudent
can detect more mussels than visual or during dredging, increasing (56 FR 58339, November 19, 1991, p.
tactile surveys). sedimentation, reducing water flow, and 58346) and later not determinable (58
All of these challenges are taken into suffocating juveniles with sediment FR 14330, March 17, 1993, p. 14338),
account when developing survey (USFWS 1989, p. 6). Other threats but in 2001, in response to a legal
protocols for any species of freshwater include channel improvements such as challenge to the ‘‘not determinable’’
mussel, including the flat pigtoe. The clearing and snagging, as well as sand finding, the U.S. District Court for the
flat pigtoe was medium-sized (but and gravel mining, diversion of flood Eastern District of Tennessee issued an
juveniles were very small) and most flows, and water removal for municipal order requiring the Service to propose
often found buried in sand, gravel, or use. These activities impact mussels by and finalize critical habitat for 11
cobble in fast-flowing runs. However, altering the river substrate, increasing Mobile River Basin-listed mussels,
mussels can be found in suboptimal sedimentation, changing water flows, including the southern acornshell. We
conditions, depending on where they and killing individuals via dredging and subsequently published a final critical
dropped off of the host fish. Therefore, snagging (USFWS 1989, pp. 6–7). habitat rule on July 1, 2004 (69 FR
all of the above-mentioned Runoff from fertilizers and pesticides 40084). Two 5-year reviews were
considerations need to be accounted for results in algal blooms and excessive completed in 2008 (initiated on June 14,
LOTTER on DSK11XQN23PROD with PROPOSALS2

when trying to detect this mussel growth of other aquatic vegetation, 2005; see 70 FR 34492) and 2018
species. Despite detection challenges, resulting in eutrophication and death of (initiated on September 23, 2014; see 79
many well-planned, comprehensive mussels due to lack of oxygen (USFWS FR 56821), both recommending
surveys by experienced State and 1989, p. 7). The cumulative impacts of delisting the southern acornshell due to
Federal biologists have not been able to habitat degradation due to these factors extinction. We solicited peer review
locate extant populations of flat pigtoe likely led to flat pigtoe populations from eight experts for both 5-year
in the Tombigbee River (USFWS 2000, becoming scattered and isolated over reviews from State, Federal, university,
p. 81; USFWS 2015, p. 5). time. Low population levels increased nongovernmental, and museum

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54321

biologists with known expertise and II. Information on Detectability, Survey Other Considerations Applicable to the
interest in Mobile River Basin mussels Effort, and Time Since Last Detection Species’ Status
(Service 2008, pp. 36–37; Service 2018,
Species Detectability Habitat modification was the major
p. 15); we received responses from five
of the peer reviewers, who all concurred Detection of rare, cryptic, benthic- cause of decline of the southern
with the content and conclusion that the dwelling animals like freshwater acornshell (Service 2000, p. 57). Other
species is presumed extinct. mussels is challenging, and can be threats included channel improvements
affected by a variety of factors. Please such as clearing and snagging, as well
The southern acornshell was as sand and gravel mining, diversion of
described in 1857 from Othcalooga refer to the Species Detectability section
for the flat pigtoe above for the flood flows, and water removal for
Creek in Gordon County, Georgia (58 FR municipal use; these activities impacted
14330, March 17, 1993, p. 14331). Adult descriptions of these factors. The
southern acornshell was small-sized mussels by alteration of the river
southern acornshells were round to oval substrate, increasing sedimentation,
in shape and approximately 1.2 inches (with very small juveniles) and most
often found buried in sand, gravel, or alteration of water flows, and direct
in length (Service 2000, p. 57). mortality from dredging and snagging
Epioblasma othcaloogensis was cobble in fast flowing runs. However,
mussels can be found in sub-optimal (Service 2000, p. 6–13). Runoff from
included as a synonymy of E. penita and fertilizers and pesticides results in algal
was considered to be an ectomorph of conditions, depending on where they
dropped off of the host fish. Therefore, blooms and excessive growth of other
the latter (58 FR 14330, March 17, 1993, aquatic vegetation, resulting in
p. 14331). Subsequent research all of the detection considerations need
to be accounted for when trying to eutrophication and death of mussels
classified the southern acornshell as due to lack of oxygen (Service 2000, p.
distinct, belonging in a different detect this mussel species. Despite
detection challenges, many well- 13). The cumulative impacts of habitat
subgenus; the species is distinguished degradation likely lead to the southern
from the upland combshell (E. planned, comprehensive surveys by
experienced State and Federal biologists acornshell populations becoming
metastriata) and the southern combshell scattered and isolated over time. Low
(E. penita) by its smaller size, round have not been able to locate extant
populations of southern acornshell population levels mean increased
outline, a poorly developed sulcus, and difficulty for successful reproduction
its smooth, shiny, yellow periostracum (Service 2000, p. 57; Service 2008, p. 20;
Service 2018, p. 7). (Service 2000, p. 14). When individuals
(58 FR 14330, March 17, 1993, p. become scattered, the opportunity for a
14331). The Service recognizes Unio Survey Effort female southern acornshell to
othcaloogensis (Lea) and Unio successfully fertilize eggs is diminished,
modicellus (Lea) as synonyms of Prior to listing, southern acornshell
and the spiral of failed reproduction
Epioblasma othcaloogensis. was observed during surveys in the
leads to local extirpation and eventual
upper Coosa River drainage in Alabama
The southern acornshell was extinction of the species (Service 2000,
and Georgia in 1966–1968 and in 1971–
historically found in shoals in small p. 14).
1973, by Hurd (58 FR 14330, March 17,
rivers to small streams in the Coosa and 1993, p. 14331). Records of the species III. Analysis
Cahaba river systems (Service 2000, p. in the Cahaba River are from surveys at
57). As with many of the freshwater Lily Shoals in Bibb County, Alabama, in There has been no evidence of the
mussels in the Mobile River Basin, it 1938, and from Buck Creek (Cahaba continued existence of the southern
was found in stable sand, gravel, cobble River tributary), Shelby County, acornshell for over five decades; the last
substrate in moderate to swift currents. Alabama, in the early 1900s (58 FR known specimens were collected in the
The species had a sexual reproduction 14330, March 17, 1993, p. 14331). Both early 1970s. When listed in 1993, it was
strategy and require a host fish to the 2008 and 2018 5-year reviews thought that the southern acornshell
complete the life cycle. Historically, the reference multiple surveys by was likely to persist in low numbers in
species occurred in upper Coosa River experienced Federal, State, and private the upper Coosa River drainage and,
tributaries and the Cahaba River in biologists—17 survey reports from possibly, in the Cahaba River.
Alabama, Georgia, and Tennessee 1993–2006 and 6 survey reports from Numerous mussel surveys have been
(Service 2000, p. 57). In the upper Coosa 2008–2017—and despite these repeated completed within these areas, as well as
River system, the southern acornshell surveys of historical habitat in both the other areas within the historical range of
occurred in the Conasauga River, Coosa and Cahaba River drainages, no the species since the listing, with no
Cowan’s Creek, and Othcalooga Creek living animals or fresh or weathered success. Although other federally listed
(58 FR 14330, March 17, 1993, p. shells of the southern acornshell have mussels have been found by mussel
14331). At the time of listing in 1993, been located (Service 2008, p. 19; experts during these surveys, no live or
the species was estimated to persist in Service 2018, p. 6). freshly dead specimens of the southern
low numbers in streams in the upper acornshell have been found (Service
Coosa River drainage in Alabama and Time Since Last Detection 2018, p. 7). The species is presumed
Georgia, and possibly in the Cahaba The most recent records for the extinct.
River (58 FR 14330, March 17, 1993, p. southern acornshell were from IV. Conclusion
LOTTER on DSK11XQN23PROD with PROPOSALS2

14331; Service 2018, p. 6). The southern tributaries of the Coosa River in 1966–
acornshell was last collected in 1973, 1968 and 1974, and the Cahaba River in We conclude that the southern
from the Conasauga River in Georgia 1938 (58 FR 14330, March 17, 1993, p. acornshell is extinct and, therefore,
and from Little Canoe Creek, near the 14331; Service 2008, p. 19; Service should be delisted. This conclusion is
Etowah and St. Clair County line, 2018, p. 5). No living populations of the based on significant alteration of known
Alabama. It has not been collected from southern acornshell have been located historical habitat and lack of detections
the Cahaba River since the 1930s since the 1970s (Service 2000, p. 57; during numerous surveys conducted
(Service 2018, p. 5). Service 2008, p. 20; Service 2018, p. 7). throughout the species’ range.

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54322 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

Stirrupshell (Quadrula stapes) dredged, straightened navigation the stirrupshell from the Tombigbee
channel and series of impoundments River at the Gainesville Bendway and
I. Background
that inundated much of the riverine below Heflin Dam, which cast doubt on
The stirrupshell (Quadrula stapes) mussel habitat (Service 1989, p. 1). the continued existence of the species in
was listed as endangered on April 7, The stirrupshell was historically the mainstem Tombigbee River (Service
1987 (52 FR 11162), primarily due to found in the Tombigbee River from 1989, p. 4; Service 2009, p. 6). Over the
habitat alteration from a free-flowing Columbus, Mississippi, downstream to past three decades, repeated surveys
riverine system to an impounded Epes, Alabama; the Sipsey River, a (circa 1988, 1998, 2001, 2002, 2003,
system. The recovery plan (‘‘Recovery tributary to the Tombigbee River in 2006, 2011) of unimpounded habitat in
Plan for Five Tombigbee River Alabama; the Black Warrior River in the Sipsey and Tombigbee Rivers,
Mussels’’) was completed on November Alabama; and the Alabama River including intensive surveys of the
14, 1989. A supplemental recovery plan (Service 1989, p. 3). Surveys in Gainesville Bendway, have failed to find
(‘‘Mobile River Basin Aquatic Ecosystem historical habitat over the past three any evidence of stirrupshell (Service
Recovery Plan’’) was completed on decades have failed to locate the 2009, p. 6; Service 2015, p. 7). The
November 17, 2000. This plan did not species, as all historical habitat is stirrupshell was also known from the
replace the existing recovery plan; impounded or modified by Alabama River; however, over 92 hours
rather, it was intended to provide channelization and impoundments of dive bottom time were expended
additional habitat protection and (Tombigbee and Alabama Rivers) or searching appropriate habitats for
species husbandry recovery tasks. A 5- impacted by sediment and nonpoint imperiled mussel species between
year review was announced on pollution (Sipsey and Black Warrior 1997–2007 without encountering the
November 6, 1991 (56 FR 56882); no Rivers) (Service 1989, p. 6; Service species (Service 2009, p. 6), and a
changes were proposed for the status of 2000, p. 85; Service 2015, p. 5). No live survey of the Alabama River in 2011
the stirrupshell in that review. Two or freshly dead shells have been also did not find stirrupshell (Service
additional 5-year reviews were observed since the species was listed in 2015, p. 5). Surveys of the Black Warrior
completed in 2009 (initiated on 1987 (Service 2009, p. 6; Service 2015, River in 1993 and from 2009–2012 (16
September 8, 2006; see 71 FR 53127) p. 7). A freshly dead shell was last sites) focused on finding federally listed
and 2015 (initiated on March 25, 2014; collected from the lower Sipsey River in and State conservation concern priority
see 79 FR 16366); both recommended 1986 (Service 2000, p. 85). mussel species but did not find any
delisting the stirrupshell due to stirrupshells (Miller 1994, pp. 9, 42;
extinction. We solicited peer review II. Information on Detectability, Survey McGregor et al. 2009, p. 1; McGregor et
from six experts for both 5-year reviews Effort, and Time Since Last Detection al. 2013, p. 1).
from State, Federal, university, and Species Detectability
museum biologists with known Time Since Last Detection
expertise and interest in Mobile River Detection of rare, cryptic, benthic- The stirrupshell has not been
Basin mussels (Service 2009, pp. 23–24; dwelling animals like freshwater collected alive since the Sipsey River
Service 2015, pp. 15–16); we received mussels is challenging, and can be was surveyed in 1978 (Service 1989, p.
responses from three of the peer affected by a variety of factors. Please 4); one freshly dead shell was last
reviewers, and they concurred with the refer to the Species Detectability section collected from the Sipsey River in 1986
content and conclusion that the species for the flat pigtoe above for the (Service 2000, p. 85). In the Tombigbee
is presumed extinct. descriptions of these factors. The River, the stirrupshell has not been
The stirrupshell was described as stirrupshell was medium-sized (with collected alive since completion of the
Unio stapes in 1831, from the Alabama very small juveniles) and most often Tennessee-Tombigbee Waterway in
River (Stansbery 1981, entire). Other found buried in sand, gravel, or cobble 1984 (Service 2015, p. 7). Mussel
synonyms are Margarita (Unio) stapes in in fast flowing runs. However, mussels surveys within the Tombigbee River
1836, Margaron (Unio) stapes in 1852, can be found in sub-optimal conditions, drainage during 1984–2015 failed to
Quadrula stapes in 1900, and depending on where they dropped off of document the presence of the
Orthonymus stapes in 1969 (Service the host fish. Therefore, all of the stirrupshell (Service 2015, p. 8). The
1989, pp. 2–3). Adult stirrupshells were detection considerations need to be stirrupshell has not been found alive in
quadrate in shape and reached a size of accounted for when trying to detect this the Black Warrior River or the Alabama
approximately 2 inches long and 2 mussel species. Despite detection River since the early 1980s (Service
inches wide. The stirrupshell differed challenges, many well-planned, 1989, p. 3).
from other closely related species by the comprehensive surveys by experienced
presence of a sharp posterior ridge and State and Federal biologists have not Other Considerations Applicable to the
truncated narrow rounded point been able to locate extant populations of Species’ Status
posteriorly on its shell, and it had a stirrupshell (Service 1989, pp. 3–4; Because the stirrupshell occurred in
tubercled posterior surface (Service Service 2000, p. 85; Service 2015, pp. 7– similar habitat type and area as the flat
1989, p. 3; Service 2000, p. 85). 8). pigtoe, it faced similar threats. Please
Freshwater mussels of the Mobile River refer to the discussion for the flat pigtoe
Basin, such as the stirrupshell, are most Survey Effort
for more information.
often found in clean, fast-flowing water Prior to listing in 1987, stirrupshell
in stable sand, gravel, and cobble gravel was collected in 1978, from the Sipsey III. Analysis
LOTTER on DSK11XQN23PROD with PROPOSALS2

substrates that are free of silt (Service River, and a 1984 and 1986 survey of There has been no evidence of the
2000, p. 85). They are typically found the Sipsey River found freshly dead continued existence of the stirrupshell
buried in the substrate in runs (Service shells; a 1984 survey of the Gainesville for nearly four decades; the last live
2000, p. 85). This type of habitat has Bendway of Tombigbee River found individual was observed in 1978 and
been nearly eliminated in the freshly dead shells of the stirrupshell the last freshly dead specimen was from
Tombigbee River because of the (Service 1989, p. 4; Service 2000, p. 85). 1986. Mussel surveys within the
construction of the Tennessee- After listing, surveys in 1988 and 1990 Tombigbee River drainage (including
Tombigbee Waterway, which created a only found weathered, relict shells of the Sipsey and Black Warrior

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54323

tributaries) from 1984–2015, and the quadrate in shape and were Upland combshell was small-sized
Alabama River from 1997–2007 and in approximately 2.4 inches in length (58 (with very small juveniles) and most
2011, have failed to document the FR 14330, March 17, 1993, pp. 14330– often found buried in sand, gravel, or
presence of the species (Service 2015, 14331). The upland combshell was cobble in fast flowing runs. However,
pp. 5, 8). All known historical habitat considered to be a variation of the mussels can be found in sub-optimal
has been altered or degraded by southern combshell (= penitent mussel, conditions, depending on where they
impoundments and nonpoint source Epioblasma penita), and they were dropped off of the host fish. Therefore,
pollution, and the species is presumed considered synonyms of each other (58 all of the detection considerations need
extinct by most authorities. FR 14330, March 17, 1993, p. 14331). to be accounted for when trying to
However, subsequent research detect this mussel species. Despite
IV. Conclusion detection challenges, many well-
identified morphological differences
We conclude that the stirrupshell is between the two, and both species were planned, comprehensive surveys by
extinct and, therefore, should be considered to be valid taxa; the upland experienced State and Federal biologists
delisted. This conclusion is based on combshell was distinguished from the have not been able to locate extant
significant alteration of all known southern combshell by the diagonally populations of upland combshell
historical habitat and lack of detections straight or gently rounded posterior (Service 2008, p. 19; Service 2018, p. 5)
during numerous surveys conducted margin of the latter, which terminated at Survey Effort
throughout the species’ range. the post-ventral extreme of the shell (58
FR 14330, March 17, 1993, p. 14331). Prior to listing in 1993, upland
Upland Combshell (Epioblasma combshell was observed during surveys
metastriata) We recognize Unio metastriatus and
Unio compactus as synonyms of in the Black Warrior River drainage in
I. Background Epioblasma metastriata (58 FR 14330, the early 1900s; repeated surveys in this
March 17, 1993, p. 14331). drainage in 1974, 1980–1982, 1985, and
The upland combshell, Epioblasma 1990 did not encounter the species (58
metastriata, was listed as endangered on The upland combshell was
historically found in shoals in rivers FR 14330, March 17, 1993, p. 14331).
March 17, 1993 (58 FR 14330), primarily The upland combshell was observed in
due to habitat modification, and large streams in the Black Warrior,
Cahaba, and Coosa River systems above the Cahaba River drainage in 1938 and
sedimentation, and water quality in 1973, but a 1990 survey failed to find
degradation. The recovery plan the Fall Line in Alabama, Georgia, and
Tennessee (Service 2000, p. 61). As with the species in the Cahaba River drainage
(‘‘Mobile River Basin Aquatic Ecosystem (58 FR 14330, March 17, 1993, p.
Recovery Plan’’) was completed on many of the freshwater mussels in the
Mobile River Basin, it was found in 14331). The species was observed in the
November 17, 2000. Critical habitat was upper Coosa River drainage in Alabama
initially determined to be not prudent stable sand, gravel, and cobble in
moderate to swift currents. The and Georgia in 1966–1968, but not
(56 FR 58339, November 19, 1991, p. during 1971–1973 surveys; a single
58346) and later not determinable (58 historical range included the Black
Warrior River and tributaries (Mulberry specimen was collected in 1988 from
FR 14330, March 17, 1993, p. 14338), the Conasauga River (58 FR 14330,
but in 2001, in response to a legal Fork and Valley Creek); Cahaba River
and tributaries (Little Cahaba River and March 17, 1993, p. 14331). Both the
challenge to the ‘‘not determinable’’ 2008 and 2018 5-year reviews reference
finding, the U.S. District Court for the Buck Creek); and the Coosa River and
tributaries (Choccolocco Creek and multiple surveys by experienced
Eastern District of Tennessee issued an Federal, State, and private biologists—
order requiring the Service to propose Etowah, Conasauga, and Chatooga
Rivers) (58 FR 14330, March 17, 1993, 18 survey reports from 1993–2006 and
and finalize critical habitat for 11 10 survey reports from 2008–2017—and
Mobile River Basin-listed mussels, p. 14331). At the time of listing in 1993,
the species was estimated to be despite these repeated surveys of
including the upland combshell. We historical habitat in the Black Warrior,
subsequently published a final critical restricted to the Conasauga River in
Georgia, and possibly portions of the Cahaba, and Coosa River drainages, no
habitat rule on July 1, 2004 (69 FR living animals or fresh or weathered
40084). Two 5-year reviews were upper Black Warrior and Cahaba River
drainages (58 FR 14330, March 17, 1993, shells of the upland combshell have
completed in 2008 (initiated on June 14, been located (Service 2008, p. 19;
2005; see 70 FR 34492) and 2018 p. 14331; Service 2008, p. 19). The
upland combshell was last collected in Service 2018, p. 5).
(initiated on September 23, 2014; see 79
FR 56821), both recommending the Black Warrior River drainage in the Time Since Last Detection
delisting the upland combshell due to early 1900s; in the Coosa River drainage The most recent records for the
extinction. We solicited peer review in 1986, from the Conasauga River near upland combshell are many decades
from eight experts for both 5-year the Georgia/Tennessee State line; and old: From tributaries of the Black
reviews from State, Federal, university, the Cahaba River drainage in the early Warrior in early 1900s, from the Cahaba
nongovernmental, and museum 1970s (58 FR 14330, March 17, 1993, p. River drainage in the early 1970s, and
biologists with known expertise and 14331; Service 2000, p. 61; Service from the Coosa River drainage in the
interest in Mobile River Basin mussels 2018, p. 5). mid-1980s (58 FR 14330, March 17,
(Service 2008, pp. 36–37; Service 2018, II. Information on Detectability, Survey 1993, p. 14331; Service 2008, p. 19;
p. 15); we received responses from five Effort, and Time Since Last Detection Service 2018, p. 5). No living
of the peer reviewers, who concurred
LOTTER on DSK11XQN23PROD with PROPOSALS2

populations of the upland combshell


with our conclusion that the species is Species Detectability
have been located since the mid-1980s
presumed extinct. Detection of rare, cryptic, benthic- (Service 2000, p. 61; Service 2008, p. 20;
The upland combshell was described dwelling animals like freshwater Service 2018, p. 7).
in 1838, from the Mulberry Fork of the mussels is challenging, and can be
Black Warrior River near Blount affected by a variety of factors. Please Other Considerations Applicable to the
Springs, Alabama (58 FR 14330, March refer to the Species Detectability section Species’ Status
17, 1993, p. 14331). Adult upland for the flat pigtoe above for the Because the upland combshell
combshells were rhomboidal to descriptions of these factors. The occurred in similar habitat type and area

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54324 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

as the southern acornshell, it faced The green blossom was described in coal washing, dredging, farming, and
similar threats. Please refer to the 1865, with no type locality given for the road construction, also likely severely
discussion for the southern acornshell species. However, all historical records affected the species. Since most
for more information on any other indicate the species was restricted to the freshwater mussels are riverine species
overarching consideration. upper headwater tributary streams of that require clean, flowing water over
the Tennessee River above Knoxville stable, silt-free rubble, gravel, or sand
III. Analysis (USFWS 1983, pp. 1–2). The recovery shoals, smothering caused by siltation
There has been no evidence of the plan described the green blossom as a can be detrimental. The recovery plan
continued existence of the upland medium-sized mussel with a lifespan up indicated that siltation associated with
combshell for over three decades; the to 50 years. The shell outline was poor agricultural practices and
last known specimens were collected in irregularly ovate, elliptical, or obovate. deforestation was probably the most
the late-1980s. When listed, it was The green blossom was a sexually significant factor impacting mussel
thought that the upland combshell was dimorphic, medium-sized species. communities (Fuller 1977, as cited in
likely restricted to the Conasauga River Females were generally larger than the USFWS 1984, p. 12). The recovery plan
in Georgia, and possibly portions of the males and possessed a large, flattened, also documented numerous coal
upper Black Warrior and Cahaba River rounded swelling or expansion that operations within the range of the green
drainages. Numerous mussel surveys extends from the middle of the base to blossom that have caused increased silt
have been completed within these areas, the upper part of the posterior end. A runoff, including in the Clinch River,
as well as other areas within the comprehensive description of shell where the last live specimen was
historical range of the species since the anatomy is provided in our 5-year collected in 1982 (USFWS 1984, pp. 12–
late-1980s, with no success. Although review and supporting documents 13). Pollution, primarily from wood
other federally listed mussels have been (Parmalee and Bogan 1998, pp. 104– pulp, paper mills, and other industries,
found by mussel experts during these 107). has also severely impacted many
surveys, no live or freshly dead The green blossom was always streams within the historical range of
specimens of the upland combshell extremely rare and never had a wide the species.
have been found (Service 2018, p. 7). distribution (USFWS 1984, p. 9).
The species is presumed extinct. Freshwater mussels found within the II. Information on Detectability, Survey
Cumberland rivers and tributary Effort, and Time Since Last Detection
IV. Conclusion streams, such as the green blossom, are
Species Detectability
We conclude that the upland most often observed in clean, fast-
combshell is extinct and, therefore, flowing water in substrates that contain Detection of rare, cryptic, benthic-
should be delisted. This conclusion is relatively firm rubble, gravel, and sand dwelling animals like freshwater
based on significant alteration of known substrates swept free from siltation mussels is challenging, and can be
historical habitat and lack of detections (USFWS 1984, p. 5). They are typically affected by a variety of factors. Please
during numerous surveys conducted found buried in substrate in shallow refer to the Species Detectability section
throughout the species’ range. riffle and shoal areas. This type of for the flat pigtoe above for the
habitat has been nearly eliminated by descriptions of these factors. The green
Green Blossom (Epioblasma torulosa impoundment of the Tennessee and
gubernaculum) blossom was a medium-sized mussel
Cumberland Rivers and their headwater most often found buried in substrate in
I. Background tributary streams (USFWS 1984, p. 9). shallow riffle and shoal areas. However,
The genus Epioblasma as a whole has mussels can be found in sub-optimal
The green blossom (pearly mussel), suffered extensively because members
Epioblasma torulosa gubernaculum, conditions, depending on where they
of this genus are riverine, typically
was listed as endangered on June 14, dropped off of the host fish.
found only in streams that are shallow
1976 (41 FR 24062), and the final with sandy-gravel substrate and rapid Survey Effort
recovery plan was issued on July 9, currents (Stansbery 1972, pp. 45–46).
1984. At the time of listing, the single Eight species of Epioblasma were As of 1984, freshwater mussel surveys
greatest factor contributing to the presumed extinct at the time of the by numerous individuals had failed to
species’ decline was the alteration and recovery plan, primarily due to document any living populations of
destruction of stream habitat due to impoundments, siltation, and pollution green blossom in any Tennessee River
impoundments. Two 5-year reviews (USFWS 1984, p. 6). tributary other than the Clinch River.
were completed in 2007 (initiated on Stream impoundment affects species The recovery plan cites several
September 20, 2005; see 70 FR 55157) composition by eliminating those freshwater mussel surveys (which took
and 2017 (initiated on March 25, 2014; species not capable of adapting to place between 1972 and 2005) of the
see 79 FR 16366); both reviews reduced flows and altered temperatures. Powell River; North, South, and Middle
recommended delisting due to Tributary dams typically have storage Forks of the Holston River; Big
extinction. For the 2017 5-year review, impoundments with cold water Moccasin Creek; Copper Creek;
the Service solicited peer review from discharges and sufficient storage volume Nolichucky River; and French Broad
eight peer reviewers including Federal to cause the stream below the dam to River, all of which failed to find living
and State biologists with known differ significantly from pre- or freshly dead green blossom
expertise and interest in blossom pearly impoundment conditions. These specimens (USFWS 1984, p. 5). Annual
LOTTER on DSK11XQN23PROD with PROPOSALS2

mussels (the green blossom was one of hypolimnial discharges result in altered surveys continue to be conducted in the
four species assessed in this 5-year temperature regimes, extreme water Clinch River since 1972. Biologists
review). All eight peer reviewers level fluctuations, reduced turbidity, conducting those surveys have not
indicated there was no new information seasonal oxygen deficits, and high reported live or freshly dead individuals
on the species, or that the species was concentrations of certain heavy metals of the green blossom (Ahlstedt et al.
presumed extirpated or extinct from (TVA 1980, entire). 2016, entire; Ahlstedt et al. 2017, entire;
their respective State(s) (USFWS 2017, Siltation within the range of the green Jones et al. 2014, entire; Jones et al.
pp. 8–9). blossom, resulting from strip mining, 2018, entire).

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54325

Time Since Last Detection review from Federal and State biologists flood control, navigation, hydroelectric
The last known record for the green with known expertise and interest in power production, and recreation.
blossom was a live individual collected blossom pearly mussels (the tubercled Siltation is another factor that has
in 1982, in the Clinch River at blossom was one of four species severely affected the tubercled blossom.
Pendleton Island, Virginia. assessed in this 5-year review). All three Increased silt transport into waterways
peer reviewers indicated there was no due to strip mining, coal washing,
III. Analysis new information on the species, all dredging, farming, logging, and road
Habitat within the historical range of populations of the species were construction increased turbidity and
the green blossom has been significantly extirpated from their respective States, consequently reduced the depth of light
altered by water impoundments, and the species was presumed extinct. penetration and created a blanketing
siltation, and pollution, including at The tubercled blossom was described effect on the substrate. The 1985
Pendleton Island on the Clinch River, as Amblema torulosa from the Ohio and recovery plan documented numerous
the site of the last known occurrence of Kentucky Rivers (Rafinesque 1820; coal operations within the range of the
the species (Jones et al. 2018, pp. 36– referenced in USFWS 1985, p. 2). All tubercled blossom that were causing
56). The last known collection of the records for this species indicate it was increased silt runoff. A third factor is
species was 38 years ago, and numerous widespread in the larger rivers of the the impact caused by various pollutants.
surveys have been completed within the eastern United States and southern An increasing number of streams
known range of the species over these Ontario, Canada (USFWS 1985, p. 2). throughout the blossom’s range receive
38 years. Although other federally listed Records for this species included the municipal, agricultural, and industrial
mussels have been found by these Ohio, Kanawha, Scioto, Kentucky, waste discharges.
experts during these surveys, no live or Cumberland, Tennessee, Nolichucky,
Elk, and Duck Rivers (USFWS 1985, pp. II. Information on Detectability, Survey
freshly dead specimens of the green Effort, and Time Since Last Detection
blossom have been found (Ahlstedt et 3–6). Historical museum records
al. 2016, pp. 1–18; Ahlstedt et al. 2017, gathered subsequently add the Species Detectability
pp. 213–225). Mussel experts conclude Muskingum, Olentangy, Salt, Green,
Barren, Wabash, White, East Fork Detection of rare, cryptic, benthic-
that the species is likely to be extinct. dwelling animals like freshwater
White, and Hiwassee Rivers to its range
IV. Conclusion (Service 2011, p. 5). The total historical mussels is challenging, and can be
range includes the States of Alabama, affected by a variety of factors. Please
We conclude the green blossom is refer to the Species Detectability section
extinct and, therefore, should be Illinois, Indiana, Kentucky, Ohio,
Tennessee, and West Virginia. This for the flat pigtoe above for the
delisted. This conclusion is based on descriptions of these factors. The
lack of detections during surveys and species was abundant in archaeological
sites along the Tennessee River in tubercled blossom was a large-river
searches conducted throughout the species most often found inhabiting
species’ range since the green blossom extreme northwestern Alabama, making
it likely that the species also occurred parts of those rivers that are shallow
was last observed in 1982, and the with sandy-gravel substrate and rapid
amount of significant habitat alteration in adjacent northeastern Mississippi
where the Tennessee River borders that currents. However, mussels can be
that has occurred within the range of the found in sub-optimal conditions,
species, rendering most of the species’ State (Service 2011, p. 5).
The tubercled blossom was medium- depending on where they dropped off of
historical habitat unlikely to support the the host fish.
sized, reaching about 3.6 inches (9.1
species.
centimeters) in shell length, and could Survey Effort
Tubercled Blossom (Epioblasma live as long as 50 years or more. The
torulosa torulosa) shell was irregularly egg-shaped or All three rivers where the species was
elliptical, slightly sculptured, and last located have been extensively
I. Background sampled in the intervening years
corrugated with distinct growth lines.
The tubercled blossom (pearly The outer surface was smooth and without further evidence of this species’
mussel), Epioblasma torulosa torulosa, shiny; was tawny, yellowish-green, or occurrence, including Kanawha River,
was listed as endangered on June 14, straw-colored; and usually had Nolichucky River, and Green River
1976 (41 FR 24062), and the final numerous green rays (Parmalee and (Service 2011, p. 5).
recovery plan was completed on January Bogan 1980, pp. 22–23). Based on this body of survey
25, 1985. At the time of listing, the The genus Epioblasma as a whole has information in large rivers in the Ohio
greatest factor contributing to the suffered extensively because members River system, investigators have been
species’ decline was the alteration and of this genus are characteristic riffle or considering this species as possibly
destruction of stream habitat due to shoal species, typically found only in extinct since the mid-1970s. Probably
impoundments. Two 5-year reviews streams that are shallow with sandy- the best reach of potential habitat
were completed in 1991 (initiated on gravel substrate and rapid currents remaining may be in the lowermost 50
November 6, 1991; see 56 FR 56882) and (Parmalee and Bogan 1980, pp. 22–23). miles of the free-flowing portion of the
2011 (initiated on September 20, 2005; Eight species of Epioblasma were Ohio River, in Illinois and Kentucky.
see 70 FR 55157); both reviews presumed extinct at the time of the 1985 This reach is one of the last remnants of
recommended the species maintain its recovery plan. The elimination of these large-river habitat remaining in the
endangered status, although the 2011 species has been attributed to entire historical range of the tubercled
LOTTER on DSK11XQN23PROD with PROPOSALS2

review did conclude the species was impoundments, barge canals, and other blossom. In our 2011 5-year review for
likely extinct. The most recent 5-year flow alteration structures that have the tubercled blossom, we hypothesized
review was completed in 2017 (initiated eliminated riffle and shoal areas that this mussel might be found in this
on March 25, 2014; see 79 FR 16366), (USFWS 1985, p. 1). stretch of the Ohio River. Unfortunately,
indicated that the species was presumed The single greatest factor contributing mussel experts have not reported any
extinct, and recommended delisting. to the decline of the tubercled blossom new collections of the species (USFWS
The Service solicited peer review from is the alteration and destruction of 2017, p. 8). Additionally, State
three peer reviewers for the 2017 5-year stream habitat due to impoundments for biologists have conducted extensive

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54326 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

surveys within the Kanawha Falls area The turgid blossom was described muddy, presumably from dam
of the Kanawha River since 2005, and (Lea 1858; referenced in USFWS 1985, construction above the site (Ahlstedt et
have found no evidence that the p. 2) as Unio turgidulus from the al. 2017, entire). Additionally, surveys
tubercled blossom still occurs there Cumberland River, Tennessee, and the in the 1960s of the upper Cumberland
(USFWS 2017, p. 4). This species is Tennessee River, Florence, Alabama. Basin indicated an almost total
presumed extirpated. According to the recovery plan, this elimination of the genus Epioblasma,
species was historically relatively presumably due to mine wastes (Neel
Time Since Last Detection
widespread with a disjunct distribution and Allen 1964, as cited in USFWS
The last individuals were collected occurring in both the Cumberlandian 1985, p. 10).
live or freshly dead in 1969, in the and Ozarkian Regions (USFWS 1985, p.
Kanawha River, West Virginia, below II. Information on Detectability, Survey
7). It has been reported from the
Kanawha Falls; in 1968, in the Effort, and Time Since Last Detection
Tennessee River and tributary streams
Nolichucky River, Tennessee; and in including Shoal and Bear Creeks, and Species Detectability
1963, in the Green River, Kentucky. Elk, Duck, Holston, Clinch, and Emory Detection of rare, cryptic, benthic-
III. Analysis Rivers (Ortmann 1918, 1924, 1925; dwelling animals like freshwater
Stanberry 1964, 1970, 1971, 1976a; mussels is challenging, and can be
The tubercled blossom has not been Johnson 1978, as cited in USFWS 2017,
seen since 1969, despite extensive affected by a variety of factors. Please
entire). Additional records are reported refer to the Species Detectability section
survey work in nearly all of the rivers from the Cumberland River (Ortmann
of historical occurrence, prompting for the flat pigtoe above for the
1918; Clench and van der Schalie 1944; descriptions of these factors. The turgid
many investigators to consider this Johnson 1978, as cited in USFWS 2017,
species as possibly extinct. According to blossom was a small-sized mussel most
entire) and from the Ozark Mountain often found buried in substrate in
the last two 5-year reviews, experts Region, including Spring Creek, and
indicate that the species is presumed shallow riffle and shoal areas. However,
Black and White Rivers (Simpson 1914; mussels can be found in sub-optimal
extinct throughout its range. Johnson 1978, as cited in USFWS 2017, conditions, depending on where they
IV. Conclusion entire). dropped off of the host fish.
The turgid blossom was a medium-
We conclude the tubercled blossom is river, Cumberlandian-type mussel that Survey Effort
extinct and, therefore, should be was also reported from the Ozarks.
delisted. This conclusion is based on This species has not been found in
These mussels could live as long as 50 freshwater mussel surveys conducted on
the lack of detections during surveys years or more. The species was strongly
and searches conducted throughout the the Duck River since the time of the
dimorphic; males and females differed Normandy Dam construction (Ahlstedt
species’ range since the tubercled in shape and structure. This species
blossom was last sighted in 1969, and 1980, pp. 21–23), nor has it been
seldom exceeded 1.6 inches (4.1 reported from any other stream or river
the significant habitat alteration that has centimeters) in shell length. Shells of
occurred within the range of the species, system. The most recent 5-year review
the male tended to be more elliptical or notes that the Tennessee Wildlife
rendering most of the species’ habitat oval, while females tended to be more
unable to support the life-history needs Resources Agency had completed or
rounded. Valves were inequilateral, funded surveys (1972–2005) for blossom
of the species. solid, and slightly inflated. The outer pearly mussels in the Cumberland,
Turgid Blossom (Epioblasma turgidula) shell was shiny yellowish-green with Tennessee, Clinch, Duck, Elk, Emory,
numerous fine green rays over the entire Hiwassee, Little, and Powell Rivers, yet
I. Background surface. The shell surface was marked there were no recent records of turgid
The turgid blossom (pearly mussel), by irregular growth lines that are blossom (USFWS 2017, p. 4). Surveys in
Epioblasma turgidula, was listed as especially strong on females. The inner the Ozarks have not observed the
endangered on June 14, 1976 (41 FR shell surface was bluish-white species since the early 1900s (USFWS
24062), and the final recovery plan was (Parmalee and Bogan 1980, pp. 22–23). 1985, p. 7).
completed on January 25, 1985 (USFWS The genus Epioblasma as a whole has
1985). At the time of listing, the single suffered extensively because members Time Since Last Detection
greatest factor contributing to the of this genus are characteristic riffle or The last known collection of the
species’ decline was the alteration and shoal species, typically found only in turgid blossom was a freshly dead
destruction of stream habitat due to streams that are shallow with sandy- specimen found in the Duck River,
impoundments. Two 5-year reviews gravel substrate and rapid currents Tennessee, in 1972 by a biologist with
were completed in 2007 (initiated on (Parmalee and Bogan 1980, pp. 22–23). the TVA. The species has not been seen
September 20, 2005; see 70 FR 55157) Eight species of Epioblasma were in the Ozarks since the early 1900s
and 2017 (initiated on August 30, 2016; presumed extinct at the time of the 1985 (USFWS 1985, p. 7).
see 81 FR 59650); both reviews recovery plan. The elimination of these
recommended delisting due to species has been attributed to III. Analysis
extinction. The Service solicited peer impoundments, barge canals, and other Habitat within the historical range of
review from eight peer reviewers for the flow alteration structures that have the turgid blossom has been
2017 5-year review from Federal and eliminated riffle and shoal areas significantly altered by water
State biologists with known expertise (USFWS 1985, p. 1). The last known impoundments, siltation, and pollution.
LOTTER on DSK11XQN23PROD with PROPOSALS2

and interest in blossom pearly mussels population of the turgid blossom The last known collection of the species
(the turgid blossom was one of four occurred in the Duck River and was was more than 45 years ago. Mussel
species assessed in this 5-year review). collected in 1972, at Normandy experts conclude that the species is
All eight peer reviewers indicated there (Ahlstedt 1980, pp. 21–23). Field notes likely to be extinct. Numerous surveys
was no new information on the species, associated with this collection indicate have been completed within the known
all populations of the species were that it was river-collected 100 yards range of the species over the years.
extirpated from their respective States, above an old iron bridge. Water at the Although other federally listed mussels
and the species was presumed extinct. bridge one mile upstream was very have been found by experts during these

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54327

surveys, no live or freshly dead p. 439; Bogan and Parmalee 1983, pp. descriptions of these factors. The yellow
specimens of the turgid blossom have 22–23) and the Holston, Clinch, and blossom was a small-sized mussel most
been found. Little Tennessee Rivers (Ortmann 1918, often found buried in substrate in
pp. 614–616). Yellow blossoms shallow riffle and shoal areas. However,
IV. Conclusion
apparently occurred throughout the mussels can be found in sub-optimal
We conclude the turgid blossom is Cumberland River (Wilson and Clark conditions, depending on where they
extinct and, therefore, should be 1914, p. 46; Ortmann 1918, p. 592; Neel dropped off of the host fish.
delisted. This conclusion is based on and Allen 1964, p. 448).
the lack of detections during surveys Survey Effort
The yellow blossom seldom achieved
and searches conducted throughout the more than 2.4 inches (6 centimeters) in Since the last recorded collections in
species’ range since the turgid blossom length. The slightly inflated valves were the mid-1960s, numerous mussel
was last sighted in 1972, and the of unequal length, and the shell surface surveys (1872–2005) have been done by
significant habitat alteration that was marked by uneven growth lines. mussel biologists from the TVA,
occurred within the range of the species, The shell was a shiny honey-yellow or Virginia Tech, U.S. Geological Survey,
rendering most of the species’ habitat tan with numerous green rays uniformly and others in rivers historically
unlikely to support the species. distributed over the surface. The inner containing the species. Biologists
shell surface was bluish-white (Bogan conducting those surveys have not
Yellow Blossom (Epioblasma florentina
and Parmalee 1983, pp. 22–23). reported live or freshly dead individuals
florentina)
The genus Epioblasma as a whole has of the yellow blossom.
I. Background suffered extensively because members Time Since Last Detection
The yellow blossom (pearly mussel), of this genus are characteristic riffle or
shoal species, typically found only in This species was last collected live
Epioblasma florentina florentina, was from Citico Creek in 1957, and the Little
listed as endangered on June 14, 1976 streams that are shallow with sandy-
gravel substrate and rapid currents Tennessee River in the 1966 (Bogan and
(41 FR 24062), and the final recovery Parmalee, 1983, p. 23), and
plan was completed on January 25, (Bogan and Parmalee 1983, pp. 22–23).
Eight species of Epioblasma were archeological shell specimens were
1985. At the time of listing, the single collected from the Tennessee and
greatest factor contributing to the presumed extinct at the time of the 1985
recovery plan. The elimination of these Cumberland Rivers between 1976–1979
species’ decline was the alteration and (Parmalee et al. 1980, entire).
destruction of stream habitat due to species has been attributed to
impoundments. Two 5-year reviews impoundments, barge canals, and other III. Analysis
were completed in 2007 (initiated on flow alteration structures that have
eliminated riffle and shoal areas Habitat within the historical range of
September 20, 2005; see 70 FR 55157) the yellow blossom has been
and 2017 (initiated on March 25, 2014; (USFWS 1985, p. 1).
The single greatest factor contributing significantly altered by water
see 79 FR 16366); both reviews impoundments, siltation, and pollution.
recommended delisting due to to the decline of the yellow blossom, not
only in the Tennessee Valley but in The last known collection of the species
extinction. The Service solicited peer was over 50 years ago. Mussel experts
review from eight peer reviewers for the other regions as well, is the alteration
and destruction of stream habitat due to conclude that the species is likely to be
2017 5-year review from Federal and extinct. Numerous surveys have been
State biologists with known expertise impoundments for flood control,
navigation, hydroelectric power completed within the known range of
and interest in blossom pearly mussels the species over the years. Although
(the yellow blossom was one of four production, and recreation. Siltation is
another factor that has severely affected other federally listed mussels have been
species assessed in this 5-year review). found by these experts during these
All eight peer reviewers indicated there the yellow blossom. Increased silt
transport into waterways due to strip surveys, no live or freshly dead
was no new information on the species, specimens of the yellow blossom have
all populations of the species were mining, coal washing, dredging,
farming, logging, and road construction been found.
extirpated from their respective States,
and the species was presumed extinct. increased turbidity and consequently IV. Conclusion
The yellow blossom was described reduced light penetration, creating a We conclude the yellow blossom is
(Lea 1857; referenced in USFWS 1985, blanketing effect on the substrate. The extinct and, therefore, should be
pp. 2–3) as Unio florentinus from the 1985 recovery plan documented delisted. This conclusion is based on
Tennessee River, Florence and numerous coal operations within the lack of detections during surveys
Lauderdale Counties, Alabama, and the range of the yellow blossom. A third conducted throughout the species’ range
Cumberland River, Tennessee. factor is the impact caused by various since the yellow blossom was last
According to the recovery plan, this pollutants. An increasing number of sighted in the mid-1960s and on the
species was a Cumberlandian-type streams throughout the mussel’s range significant habitat alteration that
mussel historically widespread in the receive municipal, agricultural, and occurred within the range of the species,
Tennessee and Cumberland Rivers and industrial waste discharges (USFWS rendering most of the species’ habitat
tributaries to the Tennessee River. The 2017, p. 5). unlikely to support the species.
yellow blossom was reported from II. Information on Detectability, Survey
Hurricane, Limestone, Bear, and Plants
LOTTER on DSK11XQN23PROD with PROPOSALS2

Effort, and Time Since Last Detection


Cypress Creeks, all tributary streams to Phyllostegia glabra var. lanaiensis
the Tennessee River in northern Species Detectability
Alabama (Ortmann 1925 p. 362; Bogan Detection of rare, cryptic, benthic- I. Background
and Parmalee 1983, p. 23). This species dwelling animals like freshwater Phyllostegia glabra var. lanaiensis
was also reported from larger tributary mussels is challenging, and can be was listed as endangered on September
streams of the lower and upper affected by a variety of factors. Please 20, 1991 (56 FR 47686), and was
Tennessee River, including the Flint, refer to the Species Detectability section included in the Lanai plant cluster
Elk, and Duck Rivers (Isom et al. 1973, for the flat pigtoe above for the recovery plan in 1995 (USFWS 1995).

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54328 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

At the time of listing, no wild It differed from P. glabra var. glabra in lanaiensis was likely extinct. In 2019,
individuals had been seen since 1914, its longer calyx (the collection of the species was included on the list of
although there was one questionable modified leaves that enclose the petals possibly extinct Hawaiian vascular
sighting from the 1980s that was later and other parts of a flower) (0.3 inches plant taxa (Wood et al. 2019).
considered to be P. glabra var. glabra or 10–11 millimeters) and narrowly
IV. Conclusion
(USFWS 1995; 2012). Threats included lanceolate leaves (Wagner et al. 1990, p.
habitat degradation and herbivory by 816). No taxonomic changes have been At the time of listing in 1991, P.
feral ungulates, the establishment of made since the variety was described in glabra var. lanaiensis had not been
ecosystem-altering invasive plant 1934. detected in over 75 years. Since its last
species, and the consequences of small detection in 1914, botanical surveys
II. Information on Detectability, Survey have not detected the species. Available
population sizes (low numbers)
Effort, and Time Since Last Detection information indicates that the species
(USFWS 1995). In 2000, designation of
critical habitat was considered not Species Detectability was not able to persist in the face of
prudent for P. glabra var. lanaiensis Phyllostegia glabra var. lanaiensis environmental stressors, and we
because this plant had not been was a short-lived perennial herb. This conclude that the best available
observed in the wild in over 20 years taxon differed from the other variety by scientific and commercial information
and no viable genetic material was its longer calyces and narrowly indicates that the species is extinct.
available for recovery efforts (65 FR lanceolate leaves, suggesting that Required Determinations
82086; December 27, 2000). Two 5-year flowers should be present in order to
status reviews have been completed; the confirm identification. Most congeners Clarity of the Rule
2012 review (initiated on April 8, 2010; tend to flower year-round, with peak We are required by Executive Orders
see 75 FR 17947) recommended surveys flowering from April through June, 12866 and 12988 and by the
within the historical range and within indicating that it would be easier to Presidential Memorandum of June 1,
suitable habitat on Lanai, with no detect and confirm the species during 1998, to write all rules in plain
change in status. Despite repeated this time period. language. This means that each rule we
surveys of historical and suitable habitat publish must:
by botanists since 2006, P. glabra var. Survey Effort
(1) Be logically organized;
lanaiensis has not been found (Plant The PEPP surveys and monitors rare (2) Use the active voice to address readers
Extinction Prevention Program (PEPP) plant species on Lanai; botanical directly;
2012; Oppenheimer 2019, in litt.). In surveys are conducted on a rotational (3) Use clear language rather than jargon;
2012, PEPP reported that P. glabra var. basis, based on the needs for collections (4) Be divided into short sections and
lanaiensis was likely extinct. The 5-year and monitoring. Opportunistic sentences; and
status review completed in 2019 surveying is also conducted when (5) Use lists and tables wherever possible.
(initiated on February 12, 2016; see 81 botanists are within the known range If you feel that we have not met these
FR 7571) recommended delisting due to and suitable habitat when other work requirements, send us comments by one
extinction. brings them to that area. No of the methods listed in ADDRESSES. To
Historically, P. glabra var. lanaiensis observations of P. glabra var. lanaiensis better help us revise the rule, your
was known from only two collections have been reported since 1914. By 2012, comments should be as specific as
from Lanai, one from the ‘‘mountains of PEPP determined that this variety was possible. For example, you should tell
Lanai,’’ and the other from Kaiholena likely extirpated (PEPP 2012), with very us the names of the sections or
Gulch, where it was last collected in little chance of rediscovery due to the paragraphs that are unclearly written,
1914 (USFWS 1991, 1995, 2003; Wagner restricted known range, thorough search which sections or sentences are too
1999; Hawaii Biodiversity and Mapping effort, and extent of habitat degradation. long, the sections where you feel lists or
Program 2010). A report of this species However, botanists were still searching tables would be useful, etc.
from the early 1980s in a gulch feeding for this taxon on any surveys in or near
into the back of Maunalei Valley its last known location and other National Environmental Policy Act (42
probably was erroneous and likely P. suitable habitat, as recently as January U.S.C. 4321 et seq.)
glabra var. glabra (USFWS 1995, 2003; 2019 (Oppenheimer 2019, in litt.). We have determined that
Wagner 1999, p. 269). Very little is environmental assessments and
known of the preferred habitat or Time Since Last Detection environmental impact statements, as
associated species of P. glabra var. All P. glabra identified since 1914 defined under the authority of the
lanaiensis on the island of Lanai. It has have been determined to be P. glabra National Environmental Policy Act
been observed in lowland mesic to wet var. glabra, and, therefore, P. glabra var. (NEPA; 42 U.S.C. 4321 et seq.), need not
forest in gulch bottoms and sides, often lanaiensis has not been detected since be prepared in connection with
in quite steep areas, in the same habitat 1914. regulations adopted pursuant to section
as the endangered Cyanea macrostegia 4(a) of the Act. We published a notice
III. Analysis
ssp. gibsonii (listed as C. gibsonii) outlining our reasons for this
(USFWS 1995). Threats to the species included determination in the Federal Register
Phyllostegia glabra var. lanaiensis habitat degradation and herbivory by on October 25, 1983 (48 FR 49244). This
was a short-lived perennial herb. feral ungulates, the establishment of position was upheld by the U.S. Court
Flowering cycles, pollination vectors, ecosystem-altering invasive plant
LOTTER on DSK11XQN23PROD with PROPOSALS2

of Appeals for the Ninth Circuit


seed dispersal agents, longevity, specific species, and the consequences of small (Douglas County v. Babbitt, 48 F.3d
environmental requirements, and population sizes. Despite repeated 1495 (9th Cir. 1995), cert. denied 516
limiting factors of P. glabra var. surveys of historical and suitable habitat U.S. 1042 (1996)).
lanaiensis remain unknown (USFWS by botanists from 2006 through 2019, P.
1995, 2003). P. glabra var. lanaiensis glabra var. lanaiensis has not been Government-To-Government
was described as a variety of P. glabra found since 1914 (PEPP 2012; Relationship With Tribes
from specimens collected from Lanai by Oppenheimer 2019, in litt.). In 2012, In accordance with the President’s
Ballieu, Munro, and Mann and Brigham. PEPP reported that P. glabra var. memorandum of April 29, 1994

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54329

(Government-to-Government Relations Authority: 16 U.S.C. 1361–1407; 1531– acutissimus), Coosa Moccasinshell


with Native American Tribal 1544; and 4201–4245, unless otherwise (Medionidus parvulus), Orange-nacre
Governments; 59 FR 22951), Executive noted. Mucket (Lampsilis perovalis), Dark
Order 13175 (Consultation and § 17.11 [Amended] Pigtoe (Pleurobema furvum), Southern
Coordination with Indian Tribal Pigtoe (Pleurobema georgianum), and
■ 2. Amend § 17.11(h), the List of
Governments), and the Department of Fine-lined Pocketbook (Lampsilis
Endangered and Threatened Wildlife:
the Interior’s manual at 512 DM 2, we altilis)’’, revising the entry’s heading,
■ a. Under MAMMALS, by removing
readily acknowledge our responsibility the first sentence of the introductory
the entry for ‘‘Bat, little Mariana fruit’’;
to communicate meaningfully with ■ b. Under BIRDS, by removing the
text of paragraph (f)(1), the introductory
recognized Federal Tribes on a entries for ‘‘Akepa, Maui’’, ‘‘Akialoa, text of paragraph (f)(2)(i), the table at
government-to-government basis. In paragraph (f)(2)(ii), the introductory text
Kauai’’, ‘‘Creeper, Molokai’’, ‘‘Nukupuu,
accordance with Secretarial Order 3206 of paragraph (f)(2)(xiv), paragraph
Kauai’’, ‘‘Nukupuu’’, Maui’’, ‘‘ ‘O‘o,
of June 5, 1997 (American Indian Tribal (f)(2)(xiv)(B), the introductory text of
Kauai (honeyeater)’’, ‘‘Po‘ouli
Rights, Federal-Tribal Trust paragraph (f)(2)(xv), paragraph
(honeycreeper)’’, ‘‘Thrush, large Kauai’’,
Responsibilities, and the Endangered (f)(2)(xv)(B), the introductory text of
‘‘Warbler (wood), Bachman’s’’, ‘‘White-
Species Act), we readily acknowledge paragraph (f)(2)(xx), paragraph
eye, bridled’’, and ‘‘Woodpecker, ivory-
our responsibilities to work directly (f)(2)(xx)(B), the introductory text of
billed’’;
with Tribes in developing programs for paragraph (f)(2)(xxi), paragraph
■ c. Under FISHES, by removing the
healthy ecosystems, to acknowledge that (f)(2)(xxi)(B), the introductory text of
entries for ‘‘Gambusia, San Marcos’’ and
Tribal lands are not subject to the same paragraph (f)(2)(xxiii), paragraph
‘‘Madtom, Scioto’’; and
controls as Federal public lands, to (f)(2)(xxiii)(B), the introductory text of
■ d. Under CLAMS, by removing the
remain sensitive to Indian culture, and paragraph (f)(2)(xxvi), paragraph
entries for ‘‘Acornshell, southern’’ and
to make information available to Tribes. (f)(2)(xxvi)(B), the introductory text of
‘‘Blossom, green’’; both entries for
The Seminole Tribe of Florida and the paragraph (f)(2)(xxvii), paragraph
‘‘Blossom, tubercled’’, ‘‘Blossom,
Miccousukee Tribe has expressed (f)(2)(xxvii)(B), the introductory text of
turgid’’, and ‘‘Blossom, yellow’’; and the
interest in the Bachman’s warbler. We paragraph (f)(2)(xxviii), and paragraph
entries for ‘‘Combshell, upland’’,
have reached out to these tribes by (f)(2)(xxviii)(B) to read as follows:
‘‘Pigtoe, flat’’, and ‘‘Stirrupshell’’.
providing an advance notification prior
§ 17.95 Critical habitat—fish and wildlife.
to the publication of the proposed rule. § 17.12 [Amended]
We will continue to work with these * * * * *
■ 3. Amend § 17.12(h), the List of (f) Clams and Snails.
and any other Tribal entities that Endangered and Threatened Plants,
expressed interest in these species under FLOWERING PLANTS, by * * * * *
during the development of a final rule Nine Mobile River Basin Mussel
removing the entry for ‘‘Phyllostegia
to delist these species. Species: Ovate clubshell (Pleurobema
glabra var. lanaiensis’’.
perovatum), southern clubshell
References Cited (Pleurobema decisum), triangular
§ 17.85 [Amended]
Lists of the references cited in in this ■ 4. Amend § 17.85(a) by: kidneyshell (Ptychobranchus greenii),
document are available on the internet ■ a. In the heading, removing the word Alabama moccasinshell (Medionidus
at http://www.regulations.gov in the ‘‘Seventeen’’ and adding in its place the acutissimus), Coosa moccasinshell
dockets provided above under Public word ‘‘Fourteen’’; (Medionidus parvulus), orange-nacre
Comments and upon request from the ■ b. In the table, removing the entries mucket (Lampsilis perovalis), dark
appropriate person, as specified under for ‘‘tubercled blossom (pearly mussel)’’, pigtoe (Pleurobema furvum), southern
FOR FURTHER INFORMATION CONTACT. ‘‘turgid blossom (pearly mussel)’’, and pigtoe (Pleurobema georgianum), and
‘‘yellow blossom (pearly mussel)’’; fine-lined pocketbook (Lampsilis altilis)
Authors
■ c. In paragraph (a)(1)(i), by removing (1) The primary constituent elements
The primary authors of this document the number ‘‘17’’ and adding in its place essential for the conservation of the
are the staff members of the Branch of the number ‘‘14’’; ovate clubshell (Pleurobema
Delisting and Foreign Species, ■ d. In paragraph (a)(1)(ii), by removing perovatum), southern clubshell
Ecological Services Program, as well as the number ‘‘17’’ and adding in its place (Pleurobema decisum), triangular
the staff of the Ecological Services Field the number ‘‘14’’; and kidneyshell (Ptychobranchus greenii),
Offices as specified under FOR FURTHER ■ e. In paragraph (a)(2)(iii), by removing Alabama moccasinshell (Medionidus
INFORMATION CONTACT. the number ‘‘17’’ and adding in its place acutissimus), Coosa moccasinshell
List of Subjects in 50 CFR Part 17 the number ‘‘14’’. (Medionidus parvulus), orange-nacre
mucket (Lampsilis perovalis), dark
Endangered and threatened species, § 17.95 [Amended] pigtoe (Pleurobema furvum), southern
Exports, Imports, Reporting and ■ 4. Amend § 17.95 by: pigtoe (Pleurobema georgianum), and
recordkeeping requirements, ■ a. In paragraph (e), removing the entry fine-lined pocketbook (Lampsilis altilis)
Transportation. for ‘‘San Marcos Gambusia (Gambusia are those habitat components that
Proposed Regulation Promulgation georgei)’’; and support feeding, sheltering,
■ b. In paragraph (f), the entry for, reproduction, and physical features for
Accordingly, we hereby propose to
‘‘Eleven Mobile River Basin Mussel maintaining the natural processes that
LOTTER on DSK11XQN23PROD with PROPOSALS2

amend part 17, subchapter B of chapter


Species: Southern Acornshell support these habitat components.
I, title 50 of the Code of Federal
(Epioblasma othcaloogensis), Ovate * * *
Regulations, as set forth below:
Clubshell (Pleurobema perovatum), (2) * * *
PART 17—ENDANGERED AND Southern Clubshell (Pleurobema (i) Index map. The index map
THREATENED WILDLIFE AND PLANTS decisum), Upland Combshell showing critical habitat units in the
(Epioblasma metastriata), Triangular States of Mississippi, Alabama, Georgia,
■ 1. The authority citation for part 17 Kidneyshell (Ptychobranchus greenii), and Tennessee for the nine Mobile River
continues to read as follows: Alabama Moccasinshell (Medionidus Basin mussel species follows:

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54330 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

(ii) * * *

Species Critical habitat units States

Ovate clubshell (Pleurobema perovatum) ............................... Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 17, 18, 19, 21, AL, GA, MS, TN.
24, 25, 26.
Southern clubshell (Pleurobema decisum) .............................. Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 17, 18, 19, 21, 24, AL, GA, MS, TN.
25, 26.
Triangular kidneyshell (Ptychobranchus greenii) ..................... Units 10, 11, 12, 13, 18, 19, 20, 21, 22, 23, 24, 25, 26 ....... AL, GA, TN.
Alabama moccasinshell (Medionidus acutissimus) ................. Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 25, 26 ...... AL, GA, MS, TN.
Coosa moccasinshell (Medionidus parvulus) .......................... Units 18, 19, 20, 21, 22, 23, 24, 25, 26 ............................... AL, GA, TN.
Orange-nacre mucket (Lampsilis perovalis) ............................ Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 ............ AL, MS.
Dark pigtoe (Pleurobema furvum) ........................................... Units 10, 11, 12 .................................................................... AL.
Southern pigtoe (Pleurobema georgianum) ............................ Units 18, 19, 20, 21, 22, 23, 24, 25, 26 ............................... AL, GA, TN.
Fine-lined pocketbook (Lampsilis altilis) .................................. Units 13, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 ............. AL, GA, TN.

* * * * * triangular kidneyshell, Alabama (B) Map of Unit 12 follows:


(xiv) Unit 12. Locust Fork and Little moccasinshell, orange-nacre mucket, BILLING CODE 4333–15–P
Warrior Rivers, Jefferson, Blount and dark pigtoe.
Counties, Alabama. This is a critical
* * * * *
habitat unit for the ovate clubshell,
LOTTER on DSK11XQN23PROD with PROPOSALS2

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54331

Unit 12: Ovate Clubshell, Triangular Kidneyshell, Alabama


Moccasinshell, Orange-Nacre Mucket, Dark Pigtoe

Blount

J~fferson

O 2 4 6 8 10 12 Miles

0 10000 20000 Meters


E!2!!'. iii
LOTTER on DSK11XQN23PROD with PROPOSALS2

(xv) Unit 13. Cahaba River and Little southern clubshell, triangular orange-nacre mucket, and fine-lined
Cahaba River, Jefferson, Shelby, Bibb kidneyshell, Alabama moccasinshell, pocketbook.
Counties, Alabama. This is a critical * * * * *
habitat unit for the ovate clubshell, (B) Map of Unit 13 follows:
EP30SE21.004</GPH>

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54332 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

Unit 13: Ovate Clubshell, Southern Clubshell, Triangular Kidneyshell,


Alabama Moccasinshell, Orange-Nacre Mucket, Fine-Lined
Pocketbook

Bibb

0
- 5 10 15 20 Miles
(l)
O 9000 18000 27000 Meter$
LOTTER on DSK11XQN23PROD with PROPOSALS2

* * * * * This is a critical habitat unit for the moccasinshell, southern pigtoe, and
(xx) Unit 18. Coosa River (Old River ovate clubshell, southern clubshell, fine-lined pocketbook.
Channel) and Terrapin Creek, Cherokee, triangular kidneyshell, Coosa * * * * *
Calhoun, Cleburne Counties, Alabama. (B) Map of Unit 18 follows:
EP30SE21.005</GPH>

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54333

Unit 18: Ovate Clubshell, Southern Clubshell, Triangular Kidneyshell,


Coosa Moccasinshell, Southern Pigtoe, Fine-Lined Pocketbook

·Cherokee

Etowah

C81houn

0
----- 2 4 6: 8 10 Miles
(i>.
0 9000 18000 Meters
LOTTER on DSK11XQN23PROD with PROPOSALS2

(xxi) Unit 19. Hatchet Creek, Coosa, kidneyshell, Coosa moccasinshell, (B) Map of Unit 19 follows:
Clay Counties, Alabama. This is a southern pigtoe, and fine-lined
critical habitat unit for the ovate pocketbook.
clubshell, southern clubshell, triangular * * * * *
EP30SE21.006</GPH>

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54334 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

Unit 19: Ovate Clubshell, Southern Clubshell, Triangular Kidneyshell,


Coosa Moccasinshell, Southern Pigtoe, Fine-Lined Pocketbook

Talladega

Coosa

0 2 6 Mites

0 6000 12000 Meters

* * * * * for the ovate clubshell, southern moccasinshell, southern pigtoe, and


LOTTER on DSK11XQN23PROD with PROPOSALS2

(xxiii) Unit 21. Kelly Creek and Shoal clubshell, triangular kidneyshell, Coosa fine-lined pocketbook.
Creek, Shelby, St. Clair Counties, * * * * *
Alabama. This is a critical habitat unit (B) Map of Unit 21 follows:
EP30SE21.007</GPH>

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54335

Unit 21: Ovate Clubshell, Southern Clubshell, Triangular Kidneyshell,


Coosa Moccasinshell, Southern Pigtoe, Fine-Lined Pocketbook

St. Clair

Shelby

0 1 2 3 4 MIies

O 2000 4000 6000 Meters

* * * * * southern clubshell, triangular southern pigtoe, and fine-lined


(xxvi) Unit 24. Big Canoe Creek, St. kidneyshell, Coosa moccasinshell, pocketbook.
Clair County, Alabama. This is a critical * * * * *
habitat unit for the ovate clubshell, (B) Map of Unit 24 follows:
LOTTER on DSK11XQN23PROD with PROPOSALS2

EP30SE21.008</GPH>

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54336 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

Unit 24: Ovate Clubshell, Southern Clubshell, Triangular Kidneyshell,


Coosa Moccasinshell, Southern Pigtoe, Fine-Lined Pocketbook

Etowah
Blount

st Clair

Jefferson

0
- - - - (i)
3 6 9 12 Miles

0 8000 16000 Meters


LOTTER on DSK11XQN23PROD with PROPOSALS2

(xxvii) Unit 25. Oostanaula, Counties, Tennessee. This is a critical Coosa moccasinshell, southern pigtoe,
Coosawattee, and Conasauga Rivers, and habitat unit for the ovate clubshell, and fine-lined pocketbook.
Holly Creek, Floyd, Gordon, Whitfield, southern clubshell, triangular * * * * *
Murray Counties, Georgia; Bradley, Polk kidneyshell, Alabama moccasinshell, (B) Map of Unit 25 follows:
EP30SE21.009</GPH>

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules 54337

Unit 25: Ovate Clubshell, Southern Clubshell, Triangular Kidneyshell,


Alabama Moccasinshell, Coosa Moccasinshell, Southern
Pigtoe, Fine-Lined Pocketbook

TENNESSEE
GEORGIA

LYCREEKI

:AtiRIVER

O
-- 5 10 15 20 Miles

o 10000 20000 30000 Meters.


LOTTER on DSK11XQN23PROD with PROPOSALS2

(xxviii) Unit 26. Lower Coosa River, kidneyshell, Alabama moccasinshell, (B) Map of Unit 26 follows:
Elmore County, Alabama. This is a Coosa moccasinshell, southern pigtoe,
critical habitat unit for the ovate and fine-lined pocketbook.
clubshell, southern clubshell, triangular * * * * *
EP30SE21.010</GPH>

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\30SEP2.SGM 30SEP2
54338 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Proposed Rules

Unit 26: Ovate Clubshell, Southern Clubshell, Triangular Kidneyshell,


Alabama Moccasinshell, Coosa Moccasinshell, Southern
Pigtoe, Fine-Lined Pocketbook

Elmore

0
- - - 1 2
-
3

0 2000 4000 6000 Melt,~

* * * * *
LOTTER on DSK11XQN23PROD with PROPOSALS2

Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–21219 Filed 9–29–21; 8:45 am]
BILLING CODE 4333–15–C
EP30SE21.011</GPH>

VerDate Sep<11>2014 19:28 Sep 29, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4701 Sfmt 9990 E:\FR\FM\30SEP2.SGM 30SEP2

You might also like