44566 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Proposed Rules

Under section 4(b)(1) of the Act, we information from all sources. See ‘‘What personal identifying information in your must base our assessment of these Information Do We Consider in Our comment, you should be aware that factors solely on the best scientific and Review?’’ for specific criteria. If you your entire comment—including your commercial data available. submit information, support it with personal identifying information—may documentation such as maps, be made publicly available at any time. V. What could happen as a result of our bibliographic references, methods used review? While you can ask us in your comment to gather and analyze the data, and/or to withhold your personal identifying For each species under review, if we copies of any pertinent publications, information from public review, we find new information that indicates a reports, or letters by knowledgeable cannot guarantee that we will be able to change in classification may be sources. do so. Comments and materials received warranted, we may propose a new rule Submit your comments and materials that could do one of the following: to the appropriate U.S. Fish and will be available for public inspection, (A) Reclassify the species from Wildlife Service office listed under by appointment, during normal business threatened to endangered (uplist); ‘‘VIII. Contacts.’’ hours at the offices where the comments (B) Reclassify the species from Submit all electronic information in are submitted. endangered to threatened (downlist); or Text or Rich Text format to FW3Midwest VIII. Contacts (C) Remove the species from the List [email protected]. Please (delist). send information for each species in a Send your comments and information If we determine that a change in separate e-mail. Provide your name and on the following species, as well as classification is not warranted, then the return address in the body of your requests for information, to the species remains on the List under its message, and include the following corresponding contacts. You may view current status. identifier in your e-mail subject line: information we receive in response to Information on 5-year review for [NAME VI. Request for New Information this notice, as well as other OF SPECIES]. To ensure that a 5-year review is documentation in our files, at the complete and based on the best VII. Public Availability of Comments following locations by appointment, available scientific and commercial Before including your address, phone during normal business hours. information, we request new number, e-mail address, or other

Species Contact person, phone, e-mail Contact address

Gray bat ...... Dr. Paul McKenzie, (573) 234–2132, extension 107, Columbia Missouri Field Office, U.S. Fish and Wildlife [email protected]. Service, 101 Park DeVille Drive, Suite A, Columbia, MO 65203–0007. Indiana bat ...... Mr. Andrew King, (812) 334–4261, extension 1216, Bloomington Field Office, U.S. Fish and Wildlife Serv- [email protected]. ice, 620 S. Walker Street, Bloomington, IN 47403– 2121. Copperbelly water snake ..... Ms. Barbara Hosler, (517) 351–6326, East Lansing Field Office, U.S. Fish and Wildlife Serv- [email protected]. ice, 2651 Coolidge Road, Suite 101, East Lansing, MI 48823–6316. Scaleshell mussel and Curtis Mr. Andy Roberts, (573) 234–2132, extension 110, Columbia Missouri Field Office, U.S. Fish and Wildlife pearlymussel. [email protected]. Service, 101 Park DeVille Drive, Suite A, Columbia, MO 65203–0007. Boltonia decurrens ...... Ms. Jody Millar, (309) 757–5800, extension 202, Rock Island Field Office, U.S. Fish and Wildlife Service, [email protected]. 1511 47th Avenue, Moline, IL 61265. Oxytropis campestris var. Ms. Catherine Carnes, (920) 866–1732, Green Bay Field Office, U.S. Fish and Wildlife Service, chartacea. [email protected]. 2661 Scott Tower Drive, WI 54229–9565.

IX. Authority DEPARTMENT OF THE INTERIOR Endangered Species Act of 1973, as amended (Act). After reviewing all We publish this notice under the Fish and Wildlife Service available scientific and commercial authority of the Endangered Species Act information, we find that listing the of 1973, as amended (16 U.S.C. 1531 et 50 CFR Part 17 frigid ambersnail is not warranted seq.). [FWS–R3–ES–2011–0025; MO 92210–0– because currently living individuals that Dated: June 14, 2011. 0008–B2] were identified as frigid ambersnails do Lynn M. Lewis, not constitute a unique and valid, Endangered and Threatened Wildlife currently living taxon; therefore, it is Assistant Regional Director, Ecological and Plants; 12-Month Finding on a not considered to be a listable entity Services, Midwest Region. Petition To List the Frigid Ambersnail under the Act. [FR Doc. 2011–18893 Filed 7–25–11; 8:45 am] as Endangered DATES: The finding announced in this BILLING CODE 4310–55–P AGENCY: Fish and Wildlife Service, document was made July 26, 2011. Interior. ADDRESSES: This finding is available on ACTION: Notice of 12-month petition the Internet at http:// finding. www.regulations.gov at Docket Number FWS–R3–ES–2011–0025. The complete SUMMARY: We, the Fish and Wildlife file for this finding is available for Service (Service), announce a 12-month inspection, by appointment, during finding on a petition to list the frigid normal business hours at the U.S. Fish ambersnail (Catinella gelida) under the and Wildlife Service, Rock Island

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Ecological Services Field Office, 1511 On March 19, 2008, WildEarth members of a different, likely more 47th Avenue, Moline, IL 61265; phone Guardians filed a complaint (1:08–CV– common, taxon. (309) 757–5800. Please submit any new 472–CKK) indicating that the Service Taxonomy information, materials, comments, or had failed to make 90-day petition questions concerning this species or this findings under section 4 of the Act for Catinella gelida was initially finding to the above street address. the 206 mountain-prairie species, described as a widespread prehistoric fossil. The genus Catinella belongs to FOR FURTHER INFORMATION CONTACT: Jody including the frigid ambersnail. On phylum , class , Millar (see ADDRESSES). February 5, 2009, we published a 90-day order (terrestrial Individuals who are hearing-impaired finding (74 FR 6122) for 165 of the 206 snails and slugs), and family or speech-impaired may call the Federal mountain-prairie species, which did not . Baker (1927, pp. 118–119) Relay Service at 1–800–877–8337 for include the frigid ambersnail. On March first described the fossil shell of the TTY assistance, 24 hours a day, 7 days 13, 2009, the Service and WildEarth frigid ambersnail as a subspecies of a week. Guardians filed a stipulated settlement in the District of Columbia Court, Succinea grosvenorii (Baker 1927). SUPPLEMENTARY INFORMATION: agreeing that the Service would submit Baker (1927) describes the fossil species Background to the Federal Register a finding as to as having a small (less than 10 mm (0.4 whether WildEarth Guardians’ petition inches), elongated shell. The whorls (a Section 4(b)(3)(B) of the Act (16 presented substantial information single turn in the spiral of the shell) are U.S.C. 1531 et seq.) requires that, for indicating that the petitioned action convex and separated by deep sutures— any petition to revise the Federal Lists may be warranted for 38 mountain- the last whorl is small, flat-sided, and of Threatened and Endangered Wildlife prairie region species by August 9, 2009 slightly convex. The spire (the part of and Plants that contains substantial (WildEarth Guardians v. Salazar 2009, the shell that consists of all of the scientific or commercial information case 1:08–CV–472–CKK). On August 18, whorls, except the body whorl) is long that listing a species may be warranted, 2009, we published a 90-day finding (74 and acute with a rounded aperture we make a finding within 12 months of FR 41649) for 38 mountain-prairie (main opening of the shell) that is about the date of receipt of the petition. In this region species, and initiated status half as long as the shell. The columella finding, we determine whether the reviews on 29 of those species, (central column inside the shell) is petitioned action is: (a) Not warranted, including the frigid ambersnail. straight, gently curving to the parietal (b) warranted, or (c) warranted, but On January 8, 2010, WildEarth wall (margin of the aperture and part of immediate proposal of a regulation Guardians filed a complaint indicating the wall of the body whorl that is closest implementing the petitioned action is that the Service had failed to complete to the columella), and does not form a precluded by other pending proposals to a 12-month finding on the frigid distinct angle. The slight callus determine whether species are ambersnail, and on January 20, 2010, (thickened calcareous deposit which endangered or threatened, and they filed an amended complaint. On may be present on the parietal wall of expeditious progress is being made to June 29, 2010, this complaint was the aperture of the adult shell) is spread add or remove qualified species from consolidated in the District of Columbia over the parietal wall. The sculpture the Federal Lists of Endangered and District Court along with 11 other (ornamentation on the outer surface of Threatened Wildlife and Plants. Section individual cases filed by WildEarth the shell) is fine with vertical striae 4(b)(3)(C) of the Act requires that we Guardians, all related to multiple- (thin, narrow grooves). treat a petition for which the requested species petitions. This litigation is Thirty-six years after Baker (1927) action is found to be warranted but currently unresolved. first described the species, the fossil precluded as though resubmitted on the This notice constitutes the 12-month form was reclassified as distinct from date of such finding, that is, requiring a finding on the July 24, 2007, petition to Succinea grosvenori and retained as a subsequent finding to be made within list the frigid ambersnail as endangered. separate species named Catinella gelida 12 months. We must publish these 12- by Leslie Hubricht (Hubricht 1963, pp. month findings in the Federal Register. Range 137–138). As Hubricht (1963, p.137) The frigid ambersnail is a prehistoric stated: ‘‘This species [Succinea Previous Federal Actions snail known from the Pleistocene grosvenori gelida], is certainly not Federal action for the frigid period, which spanned from 1.8 million related to Succinea grosvenori as now ambersnail began on July 30, 2007, after to approximately 10,000 years ago. The understood. Some shells resemble a we received a petition dated July 24, species has an extensive fossil record. slender Catinella vermeta (Say), and 2007, from Forest Guardians (now Based on that fossil record, its historical others resemble shells of Catinella WildEarth Guardians) requesting that range included eight states: Iowa, wandae (Webb) from Grand Teton the Service: (1) Consider all full species Illinois, Indiana, Louisiana, Mississippi, National Park, Teton County, Wyoming, in our mountain-prairie region ranked Missouri, Ohio, and New York (Frest and it is possible that the name gelida as G1 or G1G2 by the organization 1991, p. 17). Individuals, that at the has been applied to more than one NatureServe, except those that are time were thought to be living species. In view of the impossibility of currently listed, proposed for listing, or specimens of frigid ambersnails, were demonstrating the relationship to either candidates for listing; and (2) list each subsequently found in the Black Hills of of the above species by anatomical species as either endangered or South Dakota and south of Green Bay in studies, Catinella gelida is here retained threatened (Forest Guardians 2007, pp. Wisconsin (Frest and Johannes 2002, as a separate species.’’ As Hubricht 1–37). We acknowledged the receipt of pp. 73–74). Current, putative states, identification of the fossil form the petition in a letter to the Forest populations are only now known from used fossil shell characterics only. Guardians, dated August 24, 2007 (Slack Iowa, the Black Hills National Forest of In 1985, Terrence Frest (1985, p. 4) 2007, p. 1). In that letter we stated, South Dakota and, possibly, Wisconsin. described what was thought to be the based on preliminary review, that we Currently, taxonomy regarding these first live specimen of the frigid found no compelling evidence to extant populations is unclear as to ambersnail from the carbonate cliffs of support an emergency listing for any of whether these are frigid ambersnails (as Iowa. The basis for his identification the species covered by the petition. described from the prehistoric fossils) or was geologic location and shell

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morphology. Prior to this, the species record. An exception is the Succineidae the description of the fossil frigid was thought to only occur in fossil form. family, which is composed of three ambersnail (as described by Frest 1991). What were thought to be additional relic genera (Catinella, Oxyloma, and He (Nekola pers. comm. 2010) populations were then identified in the Succinea) that are difficult to subsequently analyzed this material and Black Hills of South Dakota and south differentiate in modern faunas. Their found the soft body parts to be similar of Green Bay in Wisconsin (Frest and simple shells exhibit few diagnostic to those found in the slope ambersnail Johannes 2002, pp. 73–74). characteristics and, therefore, species- (C. wandae). In addition, Nekola (2009, Frest’s (1991, p. 16) described the level identification is based on soft-body p. 103) questions the validity of using physical appearance of individuals in reproductive organ morphology, which soft body parts for the taxonomic those relic populations by expanding on is rarely preserved in the fossil record.’’ identification of species in this genus. Baker’s (1927, pp. 118–119) description In 2002, Frest and Johannes He notes that the structure of the of the fossil form of frigid ambersnail. acknowledged the difficulty of using a genitalia in this group of snails is highly However, Frest’s (1991, p. 16) fossil form as the originally described variable and that, looking at genitalia, description still provides information specimen of frigid ambersnail to individuals may resemble different on the shell only, stating that ‘‘Live identify living individuals. However, species as they pass through various specimens are slightly smaller on they continued to support the species stages of development from embryo to average than fossil (e.g., average length classification, stating that, ‘‘as it adult (Nekola 2009, p. 103). This is 7.0 rather than 7.0–8.0 mm), but happens, shell characters of C. gelida supported by Coles (2010, pers. comm.), otherwise identical. In life the color is are sufficiently distinctive as to make it who stated that based on his own work, a peculiar light yellow-green; the body unlikely to be confused with other the relative size and development of the is dark grey to nearly black. The described North American succineids. male Catinella genital appendix can sculpture on both fossil and recent Preliminary dissections of specimens vary with age. specimens is rather stronger than in from the Iowa-Minnesota colonies Because of the difficulty in defining most Succineidae.’’ confirm placement of those specimens characteristic soft parts, Nekola now A number of researchers (e.g., in Catinella. The body color is unlike believes that the only positive way to Patterson 1971, p. 133; Grimm 1996, p. any other described species. The few distinguish species in Catinella’s group 1; Coles and Walsh 1999, p. 32; Pigati live South Dakota specimens seen is to look at genetic data within and et al. 2010, p. 5) have suggested that for appear identical in morphology to those between populations, at the species and accurate identification of species of from Iowa’’ (Frest and Johannes 2002, p. genus levels (Nekola 2009, p. 103). living land snails within the 70). Although Frest and Johannes (2002, Ostlie (2009, p. 51) supports obtaining Succineidae family, supporting p. 7) have stated that fossil shell additional information, such as analysis anatomical information is critical in morphological characteristics alone of DNA, to confirm identification of the addition to morphological information. were adequate to classify a living species. Patterson (1971, p. 133) stated the specimen, current researchers (such as Based on the best available current following in his taxonomic studies of Anderson (2005) and Nekola (2009, scientific information, the validity of the the land snail’s family Succineidae, 2010) (see below)) do not support this frigid ambersnail as an extant species ‘‘The taxonomic placement of most assertion. has reasonably been questioned. The species of the Succineidae is still based Anderson (2005) examined Catinella- frigid ambersnail (Catinella gelida) is largely on shell characters, which, like shells in Wind Cave National Park, not recognized as a valid extant species because of little diversity and South Dakota. In her analysis, she or subspecies by the Integrated considerable convergence, give only identified the Catinella specimens to Taxonomic Information System (ITIS fragmentary or unreliable aid in genus level only, noting the conflicting 2011) or the Council of Systematic systematic analyses. Currently, features opinion on the use of shell Malacologists and the American of the male and female reproductive characteristics for identification to Malacological Union (Turgeon et al. tract, the radula and jaw, and to some species level (Anderson 2005, p. 189). 1998, p. 143). Uncertainties regarding extent, patterns of pigmentation, are She cites Burch (1962) and Hoagland taxonomic classification remain not being used to characterize some genera and Davis (1987) as cautioning against only for the genus Catinella, but also for and species. However, to date, only a using such characteristics alone in members of the snail family very few species have been studied with identifying species in this taxonomic Succineidae. In recent analyses, species regard to such morphological characters, family. designation for members of this family which leaves the systematics of the Jeffrey Nekola is a professor with the has been determined to be too Succineidae in an inadequate and University of New Mexico and is questionable to differentiate the species confused state.’’ considered an expert in land snails, has using shell appearance and location Grimm (1996, p. 1) and Coles and authored numerous publications on the alone (Burch 1962, p. 67; Hoagland and Walsh (1999, p. 32) also considered the topic, and has field experience with Davis 1987, pp. 518–519; Anderson use of additional anatomical features, fauna of the carbonate cliffs of Iowa and 2005, p. 189; Nekola 2003b, p. 8; Barthel such as genitalic structure, to be crucial the surrounding area. Nekola indicated and Nekola 2000, p. 24). Furthermore, for the accurate identification of extant several issues with the classification of using soft body parts to identify species Catinella species. Pigati et al. (2010, p. the living frigid ambersnail in response in this snail family also appears 5) recently described the need for to our publication of a 90-day finding questionable, especially as the additional morphological characteristics (74 FR 41649) and initiation of status characteristics of those body parts to distinguish among species for the review on a petition to list the frigid change as the individuals mature Succineidae family and the genus ambersnail (Catinella gelida) as (Nekola 2009, p. 103; Coles 2010, pers. Catinella: ‘‘In the fossil record, species- endangered. Nekola (2010, pers. comm.) comm.). level identification of fossil shells is stated that there is not a published In summary, the taxonomic identity of possible for most small terrestrial account of a dissection of the frigid the extant snails that have been referred gastropods and, therefore, the results of ambersnail. Nekola has examined living to as the ‘‘frigid ambersnail’’ has been our investigation of modern gastropods snail soft body parts from ambersnails substantially questioned in recent years. can be applied directly to the fossil (from Nekola 1998 and 2003) that met While some individual researchers

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continue to recognize currently living ambersnail, are not valid taxonomically. additional scientific investigations that individuals of ambersnail as Catinella Although additional study could affect will resolve the significant uncertainties gelida, this entity is not widely the taxonomic conclusion of this concerning the taxonomy of frigid recognized as an extant species or finding, the taxonomic identity of the ambersnail. Because we have concluded subspecies by the scientific community modern living (extant) frigid ambersnail the frigid ambersnail is not a listable at this time. The type of additional has not been confirmed as of this date entity, we will not further evaluate this information that may permit a formal by current species experts. ambersnail under section 4(a)(1) of the description may include a more Act. On the basis of this review, we find Finding thorough description of an extant type that listing the frigid ambersnail as specimen, an evaluation of various lines We have carefully assessed the best endangered or threatened is not of evidence (morphological, ecological, scientific and commercial information warranted because the frigid ambersnail biogeographical, genetic) relevant to its available regarding the taxonomic status does not meet the definition of a taxonomic status, resolution of any of the frigid ambersnail (Catinella ‘‘species’’ under the Act. discrepancies in taxonomic gelida). We reviewed the petition, nomenclature, or a combination of these available published and unpublished References Cited (e.g., Weaver 2006, pp. 49–65), and that scientific and commercial information, A complete list of all references cited the taxon be accepted as valid by widely and information submitted to us during herein is available on the Internet at recognized sources (e.g., Turgeon et al. the information collection period on our http://www.regulations.gov and upon 1998, entire; ITIS 2010). status review following our 90-day request from the Field Supervisor at the Therefore, we find based on the best finding. We also consulted with Rock Island Ecological Services Office information available, that Catinella recognized experts. The frigid (see ADDRESSES section). gelida is not a modern living (extant) ambersnail is not recognized as an species. Catinella gelida was described extant species or subspecies by the Author from a fossil, and the most current scientific community, and the The primary authors of this document information now indicates that the taxonomic status of extant specimens is are the staff members of the Rock Island currently living specimens that were currently uncertain. The named Ecological Services Field Office, Moline, classified as frigid ambersnail were petitioned entity, Catinella gelida, is Illinois (see ADDRESSES section). likely misclassified, and are likely not extinct and only exists in fossil form. Catinella gelida. The taxonomy of these Modern, existing populations, that were Authority: The authority for this action is the Endangered Species Act of 1973, as living ambersnails is uncertain. originally described as C. gelida, are not amended (16 U.S.C. 1531 et seq.). Catinella gelida itself, as described from C. gelida, and their taxonomic identity the fossil specimen, likely exists only in remains uncertain. Consequently, the Dated: July 13, 2011. fossil form, and the currently living Service does not at this time consider David Cottingham, individuals likely belong to a different the petitioned entity, the frigid Acting Director, U.S. Fish and Wildlife taxon. Therefore, we find that the ambersnail, to be a listable entity under Service. currently living specimens, that were section 3(16) of the Act (16 U.S.C. [FR Doc. 2011–18855 Filed 7–25–11; 8:45 am] previously thought to be frigid 1532(16)). The Service encourages BILLING CODE 4310–55–P

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