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Federal Register/Vol. 83, No. 39/Tuesday, February 27, 2018 8576 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations DEPARTMENT OF THE INTERIOR throughout all or a significant portion of information that became available. At its range). this time, the best available information Fish and Wildlife Service DATES: This final rule becomes effective continues to indicate that there are no March 29, 2018. longer population- or rangewide-level 50 CFR Part 17 ADDRESSES: Comments, materials threats impacting Eureka Valley evening-primrose such that it is in [Docket No. FWS–R8–ES–2013–0131; received, and supporting documentation FXES11130900000–145–FF09E42000] used in preparation of this final rule are danger of extinction now or is likely to available on the internet at http:// become endangered in the foreseeable RIN 1018–AW04 www.regulations.gov under Docket No. future. Thus, we conclude that Eureka FWS–R8–ES–2013–0131. Additionally, Valley evening-primrose no longer Endangered and Threatened Wildlife meets the definition of an endangered and Plants; Removing Oenothera avita comments, materials, and supporting documentation are available for public species or threatened species, and we ssp. eurekensis From the Federal List are removing it from the Federal List of of Endangered and Threatened Plants, inspection by appointment (see FOR FURTHER INFORMATION CONTACT below). Endangered and Threatened Plants in and Reclassification of Swallenia title 50 of the Code of Federal alexandrae From Endangered to The post-delisting monitoring plan for Oenothera californica ssp. eurekensis is Regulations at 50 CFR 17.12(h). Threatened • This document finalizes the available on our Endangered Species reclassification of Eureka dune grass AGENCY: Fish and Wildlife Service, Program’s national website (http:// from an endangered species to a Interior. endangered.fws.gov) and on the internet threatened species. Based on our at http://www.regulations.gov at Docket ACTION: Final rule and availability of evaluation of the best scientific and No. FWS–R8–ES–2013–0131. post-delisting monitoring plan. commercial information available, FOR FURTHER INFORMATION CONTACT: including information and comments SUMMARY: We, the U.S. Fish and Mendel Stewart, Field Supervisor, submitted during the public comment Wildlife Service (Service), are removing Carlsbad Fish and Wildlife Office, 2177 period, we now determine that the Oenothera avita ssp. eurekensis, which Salk Avenue, Suite 250, Carlsbad, CA stressors identified in the proposed rule is now recognized as Oenothera 92008; telephone 760–431–9440; are more significant than previously californica ssp. eurekensis (with a facsimile 760–431–5901. If you use a thought. Although threats identified at common name of Eureka Valley telecommunications device for the deaf the time of listing have been evening-primrose, Eureka evening- (TDD), call the Federal Relay Service substantially removed, Eureka dune primrose, or Eureka Dunes evening- (FIRS) at 800–877–8339. grass is currently responding negatively primrose) from the Federal List of SUPPLEMENTARY INFORMATION: to the stressors to which it is exposed. Endangered and Threatened Plants. We Executive Summary The best available scientific and are also reclassifying Swallenia commercial data lead us to conclude alexandrae (with a common name of Species addressed. Oenothera that Eureka dune grass no longer meets Eureka dune grass, Eureka dunegrass, or californica ssp. eurekensis (Eureka the definition of an endangered species Eureka Valley dune grass) from an Valley evening-primrose) and Swallenia under the Act, but it is likely to become endangered to a threatened species. For alexandrae (Eureka dune grass) are an endangered species within the Eureka Valley evening-primrose, this endemic to three dune systems in the foreseeable future throughout all or a action is based on our evaluation of the Eureka Valley, Inyo County, California. significant portion of its range. best available scientific and commercial Eureka Valley falls within federally Therefore, we are reclassifying the information, including comments designated wilderness within Death species from an endangered species to a received, which indicates that the Valley National Park and is managed threatened species. threats have been eliminated or reduced accordingly by the National Park The basis for our action. Under the to the point that the subspecies no Service (Park Service). Endangered Species Act of 1973, a longer meets the definition of an Why we need to publish this species may be determined to be an endangered species or a threatened document. A species that is in danger of endangered species or threatened species under the Endangered Species extinction or likely to become so in the species because of any of five factors: Act of 1973, as amended (Act). foreseeable future throughout all or a (A) The present or threatened For Eureka dune grass, this significant portion of its range warrants destruction, modification, or reclassification is based on our protection under the Endangered curtailment of its habitat or range; (B) evaluation of the best available Species Act. If a species is determined overutilization for commercial, scientific and commercial information, to no longer to be a threatened species recreational, scientific, or educational including comments received. We or an endangered species, we may purposes; (C) disease or predation; (D) conclude that the stressors acting upon reclassify the species or remove it from the inadequacy of existing regulatory Eureka dune grass are of sufficient the Federal List of Endangered and mechanisms; or (E) other natural or imminence, scope, or magnitude to Threatened Wildlife and Plants. manmade factors affecting its continued indicate that they are continuing to Removing a species from the List or existence. We must consider the same result in impacts at either the changing its status on the List can only factors in delisting a species. We may population or rangewide scales, albeit to be completed by issuing a rule. We delist a species if the best scientific and a lesser degree than at the time of proposed to delist Eureka Valley commercial data indicate the species is listing, and we find that Eureka dune evening-primrose and Eureka dune grass neither a threatened species nor an grass meets the statutory definition of a in 2014. endangered species for one or more of threatened species (i.e., the stressors • This document finalizes the the following reasons: (1) The species is impacting the species or its habitat are delisting of Eureka Valley evening- extinct, (2) the species has recovered of sufficient magnitude, scope, or primrose. Our evaluation took into and is no longer endangered or imminence to indicate that the species consideration information and threatened, or (3) the original scientific is likely to become an endangered comments submitted during the public data used at the time the species was species in the foreseeable future comment period, as well as subsequent classified were in error. VerDate Sep<11>2014 20:19 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\27FER2.SGM 27FER2 daltland on DSKBBV9HB2PROD with RULES2 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations 8577 We have determined that stressors to and Eureka dune grass (79 FR 11053, within Death Valley National Park, Inyo one or more populations of Eureka February, 27, 2014) or the species’ County, California. Three dune systems Valley evening-primrose no longer exist, profiles available on the internet at (collectively referred to as ‘‘the Eureka or they are not causing significant www.ecos.fws.gov for a detailed Dunes’’) occur in Eureka Valley and are impacts at either the population or description of the previous Federal located between the Last Chance rangewide scales such that the species actions concerning these species prior to Mountains to the east, the Saline is currently in danger of extinction or is the publication of the proposed Mountains to the south, and the Inyo likely to become endangered within the delisting rule. The proposed delisting Mountains to the west and north foreseeable future throughout all or a rule established a 60-day comment (Rowlands 1982, p. 2). The Main Dunes significant portion of its range. period that closed on April 28, 2014, (sometimes referred to in literature as Additionally, we have determined that and we did not receive any requests to ‘‘Eureka Dunes’’) system parallel the stressors to one or more populations of extend the comment period or hold a Last Chance Mountains (Service 1982, Eureka dune grass are of sufficient public hearing. p. 12) and are the largest of the three imminence, intensity, or magnitude to dunes, covering a total area of about Background cause significant impacts at either the 2,003 acres (ac) (811 hectares (ha)) population or rangewide scales such For the proposed delisting rule, we (Service 2013 based on Shovik 2010). that the species is likely to become an conducted a scientific analysis as The Saline Spur and Marble Canyon endangered species within the presented in this document and Dunes, two smaller dune systems, cover foreseeable future throughout all or a supplemented with additional an area of about 238 ac (96 ha) and 610 significant portion of its range. information presented in the ac (247 ha), respectively (Service 2013 Peer review and public comment. We Background Information document based on Shovik 2010). Saline Spur sought comments from independent (Service 2014, entire; available at http:// Dunes and Marble Canyon Dunes, specialists to ensure that our www.regulations.gov, Docket No. FWS– including a southern extension of consideration of the status of Eureka R8–ES–2013–0131). The Background Marble Canyon Dunes known as the Valley evening-primrose and Eureka Information document was prepared by unnamed site, are located dune grass is based on scientifically Service biologists to provide additional approximately 4 miles (mi) (6.4 sound data, assumptions, and analyses. discussion of the environmental setting kilometers (km)) and 9 mi (14.4 km) We invited these peer reviewers to for the Eureka Valley, and other west of the Main Dunes (Bagley 1986, p.
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