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Department of the Interior Vol. 80 Tuesday, No. 193 October 6, 2015 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Species Status for Black Pinesnake With 4(d) Rule; Final Rule VerDate Sep<11>2014 14:56 Oct 05, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06OCR3.SGM 06OCR3 rmajette on DSK7SPTVN1PROD with RULES 60468 Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations DEPARTMENT OF THE INTERIOR protection through listing if we Background determine that it is endangered or Species Information Fish and Wildlife Service threatened throughout all or a significant portion of its range. Listing a Species Description and Taxonomy 50 CFR Part 17 species as an endangered or threatened Pinesnakes (genus Pituophis) are [Docket No. FWS–R4–ES–2014–0046; species can only be completed by large, non-venomous, oviparous (egg- 4500030113] issuing a rule. laying) constricting snakes with keeled This rule lists the black pinesnake RIN 1018–BA03 scales and disproportionately small (Pituophis melanoleucus lodingi) as a heads (Conant and Collins 1991, pp. Endangered and Threatened Wildlife threatened species. It includes 201–202). Their snouts are pointed. and Plants; Threatened Species Status provisions published under the Black pinesnakes are distinguished from for Black Pinesnake With 4(d) Rule authority of section 4(d) of the Act that other pinesnakes by being dark brown to are necessary and advisable to provide black both on the upper and lower AGENCY: Fish and Wildlife Service, for the conservation of the black surfaces of their bodies. There is Interior. pinesnake. considerable individual variation in ACTION: Final rule. The basis for our action. Under the adult coloration (Vandeventer and Act, we may determine that a species is Young 1989, p. 34), and some adults SUMMARY: We, the U.S. Fish and an endangered or threatened species have russet-brown snouts. They may Wildlife Service (Service), determine based on any of five factors: (A) The also have white scales on their throat threatened species status under the present or threatened destruction, and ventral surface (Conant and Collins Endangered Species Act of 1973 (Act), modification, or curtailment of its 1991, p. 203). In addition, there may as amended, for the black pinesnake habitat or range; (B) overutilization for also be a vague pattern of blotches on (Pituophis melanoleucus lodingi), a commercial, recreational, scientific, or the end of the body approaching the tail. reptile subspecies from Alabama, educational purposes; (C) disease or Adult black pinesnakes range from 48 to Louisiana, and Mississippi. The effect of predation; (D) the inadequacy of 76 inches (in) (122 to 193 centimeters this rule is to add this subspecies to the existing regulatory mechanisms; or (E) (cm)) long (Conant and Collins 1991, p. List of Endangered and Threatened other natural or manmade factors 203; Mount 1975, p. 226). Young black Wildlife. We are also adopting a rule affecting its continued existence. We pinesnakes often have a blotched under the authority of section 4(d) of the have determined that the black pattern, typical of other pinesnakes, Act (a ‘‘4(d) rule’’) to provide for the pinesnake is threatened based on four of which darkens with age. The conservation of the black pinesnake. these five factors (Factors A, C, D, and subspecies’ defensive posture when DATES: This rule is effective November E), specifically the past and continuing disturbed is particularly interesting; 5, 2015. loss, degradation, and fragmentation of when threatened, it throws itself into a ADDRESSES: This final rule is available habitat in association with silviculture, coil, vibrates its tail rapidly, strikes on the Internet at http:// urbanization, and fire suppression; road repeatedly, and utters a series of loud www.regulations.gov and http:// mortality; and the intentional killing of hisses (Ernest and Barbour 1989, p. www.fws.gov/mississippiES/. Comments snakes by individuals. 102). and materials we received, as well as Peer review and public comment. We Pinesnakes (Pituophis melanoleucus) supporting documentation we used in sought comments from independent are members of the Class Reptilia, Order preparing this rule, are available for specialists to ensure that our Squamata, Suborder Serpentes, and public inspection at http:// determination is based on scientifically Family Colubridae. There are three www.regulations.gov. All of the sound data, assumptions, and analyses. recognized subspecies of P. comments, materials, and We also considered all comments and melanoleucus distributed across the documentation that we considered in information we received during two eastern United States (Crother 2012, p. this rulemaking are available by public comment periods. 66; Rodriguez-Robles and De Jesus- appointment, during normal business Escobar 2000, p. 35): The northern Previous Federal Action hours at: U.S. Fish and Wildlife Service, pinesnake (P. m. melanoleucus); black Mississippi Ecological Services Field Federal actions for the black pinesnake (P. m. lodingi); and Florida Office, 6578 Dogwood View Parkway, pinesnake prior to publication of the pinesnake (P. m. mugitus). The black Jackson, MS 39213; by telephone at proposed listing rule are outlined in that pinesnake was originally described by 601–965–4900; or by facsimile at 601– rule, which was published on October 7, Blanchard (1924, pp. 531–532), and is 965–4340. 2014 (79 FR 60406). Publication of the geographically isolated from all other FOR FURTHER INFORMATION CONTACT: proposed rule opened a 60-day pinesnakes. However, there is evidence Stephen Ricks, Field Supervisor, U.S. comment period, which closed on that the black pinesnake was in contact Fish and Wildlife Service, Mississippi December 8, 2014. On March 11, 2015, with other pinesnakes in the past. A Ecological Services Field Office, 6578 we published a proposed critical habitat form intermediate between P. m. lodingi Dogwood Parkway, Jackson, MS 39213; designation for the black pinesnake (80 and P. m. mugitus occurs in Baldwin by telephone 601–965–4900; or by FR 12846) and invited the public to and Escambia Counties, Alabama, and facsimile 601–965–4340. Persons who comment on the critical habitat Escambia County, Florida, and may use a telecommunications device for the proposal; the entire October 7, 2014, display morphological characteristics of deaf (TDD) may call the Federal proposed listing rule; and the draft both subspecies (Conant 1956, pp. 10– Information Relay Service (FIRS) at economic analysis of the proposed 11). These snakes are separated from 800–877–8339. critical habitat designation. This second populations of the black pinesnake by SUPPLEMENTARY INFORMATION: 60-day comment period ended on May the extensive Tensas-Mobile River Delta 11, 2015. and the Alabama River, and it is Executive Summary We will finalize the designation of unlikely that there is currently gene Why we need to publish a rule. Under critical habitat for the black pinesnake flow between pinesnakes across the the Act, a species may warrant at a later date. Delta (Duran 1998a, p. 13; Hart 2002, p. VerDate Sep<11>2014 14:56 Oct 05, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\06OCR3.SGM 06OCR3 rmajette on DSK7SPTVN1PROD with RULES Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations 60469 23). A study on the genetic structure of until September, and then moving back Camp Shelby may be a reflection of the the three subspecies of P. melanoleucus to their overwintering areas (Yager et al. higher habitat quality at the site (Getz et al. 2012, p. 2) showed evidence 2006, pp. 34–36). The various areas (Zappalorti in litt. 2015), as the snakes of mixed ancestry, and supported the utilized throughout the year may not may not have to travel great distances to current subspecies designations and the have significantly different habitat meet their ecological needs. A modeling determination that all three are characteristics, but these movement study of movement patterns in genetically distinct groups. Evidence patterns illustrate that black pinesnakes bullsnakes (Pituophis catenifer sayi) suggests a possible historical may need access to larger, unfragmented revealed that home range sizes intergradation between P. m. lodingi tracts of habitat to accommodate fairly increased as a function of the amount of and P. ruthveni (Louisiana pinesnake), large home ranges while minimizing avoided habitat, such as agricultural but their current ranges are no longer in interactions with humans. fields (Kapfer et al. 2010, p. 15). As contact and intergradation does not snakes are forced to increase the search Life History presently occur (Crain and Cliburn radius to locate preferred habitat, their 1971, p. 496). Black pinesnakes are active during the home range invariably increases. day but only rarely at night. As The dynamic nature of individual Habitat evidenced by their pointed snout and movement patterns supports the Black pinesnakes are endemic to the enlarged rostral scale (the scale at the premise that black pinesnake habitat longleaf pine ecosystem that once tip of their snout), they are should be maintained in large covered the southeastern United States. accomplished burrowers capable of unfragmented parcels to sustain survival Optimal habitat for these snakes tunneling in loose soil, potentially for of a population. In the late 1980s, a consists of sandy, well-drained
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