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pressure toward this end because result in greater long-term efficiency Monday, May 11, 2020, make the applicants know that only the best and effectiveness. Rather, the one-grant following correction: application in an MX group will win. policy better serves the policy goals of ■ 9. The Commission also rejects sections 152 and 303(g) by incentivizing On page 27852, in the second column, Discount Legal’s argument that ‘‘the better applications as well as amendatory instruction 2d is corrected idea than an applicant must be cooperative settlements that encourage to read as follows: dismissed because it is comparatively more intensive and higher quality use of § 171.7 [Corrected] inferior to an unqualified applicant spectrum. being dismissed’’ violates the Supreme 13. Established One-Grant Policy. d. Add paragraphs (w)(53), (62), (66), Court’s holding in Ashbacker Radio Finally, the Commission’s rejects (69), (71), (72), and (75) through (77); Corp. v. FCC. The Commission Discount Legal’s argument that the one- [FR Doc. C1–2020–06205 Filed 12–2–20; 8:45 am] previously considered and rejected this grant policy was not endorsed by the BILLING CODE 1301–00–D argument in a prior decision affirming Commission, but rather, originated with the one-grant policy and explained that the Bureau staff. The Commission Ashbacker ‘‘[does not] require the explains that Discount Legal’s Commission to engage in secondary characterization is directly at odds with DEPARTMENT OF THE INTERIOR analyses of inferior applications simply the Commission’s explicit mandate in because they do not conflict with the the 2001 NCE Comparative MO&O, the Fish and Wildlife Service tentative selectee.’’ subsequent Commission decisions 10. Administrative Burdens. The stating that the Bureau correctly applied 50 CFR Part 17 Commission rejects Discount Legal’s the NCE Comparative MO&O, and the contention that the concern about Commission’s recent reaffirmation of administrative burdens ‘‘does not hold the one-grant policy in the 2019 Report [FF09E21000 FXES11110900000 212] up.’’ Discount Legal does not consider and Order. These decisions reflect that Endangered and Threatened Wildlife the extensive work required following it has been, and remains, the resolve of and Plants; Eleven Species Not the issuance of tentative selectee orders. the Commission—not the staff—that the The Commission explains that a Bureau process applications based on a Warranted for Listing as Endangered tentative selection is not final until the ‘‘one-grant’’ policy. or Threatened Species entire administrative process of resolving petitions to deny, and any Ordering Clauses AGENCY: Fish and Wildlife Service, subsequent pleadings, is complete. 14. It is ordered that the Petition for Interior. Commission review of any petitions and Reconsideration filed on March 12, ACTION: Notification of findings. associated point audits is a weighty and 2020, by Discount Legal is dismissed, and alternatively and independently, is oftentimes lengthy process, requiring SUMMARY: We, the U.S. Fish and denied. extensive analysis to determine the Wildlife Service (Service), announce status of every tentative selectee’s 15. It is further ordered that should no further petitions for reconsideration or findings that eleven species are not application and the merits of every warranted for listing as endangered or petition to deny. If a petition to deny is petitions for judicial review be timely threatened species under the granted, a new tentative selectee must filed, MB Docket No. 19–3 shall be Endangered Species Act of 1973, as be chosen, and petitions to deny must terminated, and its docket closed. amended (Act). After a thorough review again be entertained. Federal Communications Commission. 11. The one-grant policy incentivizes of the best available scientific and Marlene Dortch, commercial information, we find that it applicants to resolve mutual Secretary. exclusivities through the more is not warranted at this time to list the [FR Doc. 2020–23306 Filed 12–2–20; 8:45 am] expeditious settlement process, thereby Doll’s daisy, Puget Oregonian, Rocky accelerating new NCE service to the BILLING CODE 6712–01–P Mountain monkeyflower, southern public. The Commission rejects white-tailed ptarmigan, tidewater Discount Legal’s argument that it is amphipod, tufted puffin, Hamlin Valley irrational to allow multiple grants in an DEPARTMENT OF TRANSPORTATION pyrg, longitudinal gland pyrg, sub- MX group in the settlement context but globose snake pyrg, the Johnson Springs Pipeline and Hazardous Materials Wetland Complex population of relict not engage in secondary analysis Safety Administration through the point system. This dace, or Clear Lake hitch. However, we ask the public to submit to us at any argument does not account for the 49 CFR Parts 171, 172, 173, 174, 175, time any new information relevant to fundamentally different nature of the 176, 178 and 180 two conflict-resolution methods and the the status of any of the species time each process entails. [Docket No. PHMSA–2017–0108 (HM–215O)] mentioned above or their habitats. 12. The Commission also rejects the RIN 2137–AF32 DATES: The findings in this document argument that secondary grants would were made on December 3, 2020. better accomplish the section 152 and Hazardous Materials: Harmonization 303(g) statutory objectives of efficient With International Standards ADDRESSES: Detailed descriptions of the and effective radio use. The bases for these findings are available on Commission explains that simply Correction the internet at http:// granting as many applications as In rule document 2020–06205, www.regulations.gov under the possible in any given window will not beginning on page 27810, in the issue of following docket numbers:

Species Docket No.

Doll’s daisy ...... FWS–R5–ES–2020–0066. Puget Oregonian ...... FWS–R1–ES–2020–0067.

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Species Docket No.

Rocky Mountain monkeyflower ...... FWS–R6–ES–2012–0052. Southern white-tailed ptarmigan ...... FWS–R6–ES–2012–0023. Tidewater amphipod ...... FWS–R5–ES–2020–0068. Tufted puffin ...... FWS–R7–ES–2020–0072. Hamlin Valley pyrg ...... FWS–R6–ES–2020–0069. Longitudinal gland pyrg ...... FWS–R6–ES–2020–0070. Sub-globose snake pyrg ...... FWS–R6–ES–2020–0071. Relict dace ...... FWS–R8–ES–2020–0113. Clear Lake hitch ...... FWS–R8–ES–2020–0112.

Supporting information used to INFORMATION CONTACT. Please submit any under FOR FURTHER INFORMATION prepare this finding is available by new information, materials, comments, CONTACT. contacting the appropriate person as or questions concerning this finding to specified under FOR FURTHER the appropriate person, as specified FOR FURTHER INFORMATION CONTACT:

Species Contact information

Doll’s daisy ...... Eric Schrading, Field Supervisor, New Jersey Field Office, (609) 382– 5272. Puget Oregonian ...... Brad Thompson, State Supervisor, Washington Fish and Wildlife Of- fice, (360) 753–9440. Rocky Mountain monkeyflower ...... Ann Timberman, Acting Field Supervisor, Colorado Ecological Services Field Office, (970) 628–7181. Southern white-tailed ptarmigan ...... Ann Timberman, Acting Field Supervisor, Colorado Ecological Services Field Office, (970) 628–7181. Tidewater amphipod ...... Julie A. Slacum, Division Chief, Strategic Resource Conservation, Chesapeake Bay Field Office, (410) 573–4595. Tufted puffin ...... Stewart Cogswell, Field Supervisor, Anchorage Fish and Wildlife Con- servation Office, (907) 271–2787. Hamlin Valley pyrg, longitudinal gland pyrg, and sub-globose snake Laura Romin, Deputy Field Supervisor, Utah Ecological Services Field pyrg. Office, (801) 975–3330, ext. 142. Relict dace ...... Mark Jackson, Field Supervisor, Reno Fish and Wildlife Office, (775) 861–6300. Clear Lake hitch ...... Kim Turner, Acting Field Supervisor, Sacramento Fish and Wildlife Of- fice, (916) 414–6700.

If you use a telecommunications Endangered and Threatened Wildlife These factors represent broad device for the deaf (TDD), please call the and Plants (Lists). The Act defines categories of natural or human-caused Federal Relay Service at 800–877–8339. ‘‘species’’ as any subspecies of fish or actions or conditions that could have an SUPPLEMENTARY INFORMATION: wildlife or plants, and any distinct effect on a species’ continued existence. population segment of any species of In evaluating these actions and Background vertebrate fish or wildlife which conditions, we look for those that may Under section 4(b)(3)(B) of the Act (16 interbreeds when mature. The Act have a negative effect on individuals of U.S.C. 1531 et seq.), we are required to defines ‘‘endangered species’’ as any the species, as well as other actions or make a finding whether or not a species that is in danger of extinction conditions that may ameliorate any petitioned action is warranted within 12 throughout all or a significant portion of negative effects or may have positive months after receiving any petition for its range (16 U.S.C. 1532(6)), and effects. which we have determined contains ‘‘threatened species’’ as any species that We use the term ‘‘threat’’ to refer in substantial scientific or commercial is likely to become an endangered general to actions or conditions that are information indicating that the species within the foreseeable future known to or are reasonably likely to petitioned action may be warranted throughout all or a significant portion of negatively affect individuals of a (‘‘12-month finding’’). We must make a its range (16 U.S.C. 1532(20)). Under species. The term ‘‘threat’’ includes finding that the petitioned action is: (1) section 4(a)(1) of the Act, a species may actions or conditions that have a direct Not warranted; (2) warranted; or (3) be determined to be an endangered impact on individuals (direct impacts), warranted but precluded. We must species or a threatened species because as well as those that affect individuals publish a notice of these 12-month of any of the following five factors: findings in the Federal Register. (A) The present or threatened through alteration of their habitat or destruction, modification, or required resources (stressors). The term Summary of Information Pertaining to ‘‘threat’’ may encompass—either the Five Factors curtailment of its habitat or range; (B) Overutilization for commercial, together or separately—the source of the Section 4 of the Act (16 U.S.C. 1533) recreational, scientific, or educational action or condition or the action or and the implementing regulations at purposes; condition itself. However, the mere part 424 of title 50 of the Code of (C) Disease or predation; identification of any threat(s) does not Federal Regulations (50 CFR part 424) (D) The inadequacy of existing necessarily mean that the species meets set forth procedures for adding species regulatory mechanisms; or the statutory definition of an to, removing species from, or (E) Other natural or manmade factors ‘‘endangered species’’ or a ‘‘threatened reclassifying species on the Lists of affecting its continued existence. species.’’ In determining whether a

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species meets either definition, we must indentatus), tufted puffin (Fratercula finding on the April 20, 2010, petition evaluate all identified threats by cirrhata), Hamlin Valley pyrg to list Doll’s daisy under the Act. considering the expected response by (Pyrgulopsis hamlinensis), longitudinal Summary of Finding the species, and the effects of the gland pyrg (Pyrgulopsis anguina), sub- threats—in light of those actions and globose snake pyrg (Pyrgulopsis Doll’s daisy is a perennial plant in the conditions that will ameliorate the saxatilis), and Clear Lake hitch (Lavinia Asteraceae family that is known from threats—on an individual, population, exilicauda chi) meet the definition of Augusta County, Virginia; Sussex and and species level. We evaluate each ‘‘endangered species’’ or ‘‘threatened Warren Counties, New Jersey; and threat and its expected effects on the species,’’ we considered and thoroughly Dauphin County, Pennsylvania, the species, then analyze the cumulative evaluated the best scientific and latter regarded as a historical effect of all of the threats on the species commercial information available occurrence. The species occurs in as a whole. We also consider the regarding the past, present, and future certain isolated sinkhole ponds that cumulative effect of the threats in light stressors and threats. We reviewed the have widely fluctuating water levels, of those actions and conditions that will petitions, information available in our and its life history is adapted to these have positive effects on the species, files, and other available published and variable habitat conditions. The species such as any existing regulatory unpublished information. Our currently occurs in 21 population sites mechanisms or conservation efforts. The evaluation may include information in New Jersey (5 are on land owned or Secretary determines whether the from recognized experts; Federal, State, managed by the State, 6 are on private species meets the definition of an and tribal governments; academic property owned or managed by a ‘‘endangered species’’ or a ‘‘threatened institutions; foreign governments; conservation organization, and the species’’ only after conducting this private entities; and other members of remaining 10 populations are privately cumulative analysis and describing the the public. owned) and 22 population sites in expected effect on the species now and Virginia (7 are on U.S. Forest Service The species assessment forms for the in the foreseeable future. land, and the remaining 15 are on The Act does not define the term Doll’s daisy, Puget Oregonian, Rocky private property). ‘‘foreseeable future,’’ which appears in Mountain monkeyflower, southern Soil, water, sunlight, pollinator the statutory definition of ‘‘threatened white-tailed ptarmigan, tidewater services, and a suitable annual species.’’ Our implementing regulations amphipod, tufted puffin, Hamlin Valley temperature regime are interrelated at 50 CFR 424.11(d) set forth a pyrg, longitudinal gland pyrg, sub- resource needs required by Dolly’s daisy framework for evaluating the foreseeable globose snake pyrg, the Johnson Springs individuals and populations. At the future on a case-by-case basis. The term Wetland Complex population of relict metapopulation scale, the species likely ‘‘foreseeable future’’ extends only so far dace, and Clear Lake hitch contain more requires some degree of habitat into the future as the Service can detailed biological information, a connectivity to maintain viability; reasonably determine that both the thorough analysis of the listing factors, however, there is significant uncertainty future threats and the species’ responses and an explanation of why we regarding the degree of connectivity that to those threats are likely. In other determined that these species do not may be necessary between population words, the foreseeable future is the meet the definition of an endangered sites. We assume there is no natural period of time in which we can make species or a threatened species. This connectivity between the two extant reliable predictions. ‘‘Reliable’’ does not supporting information can be found on metapopulations in New Jersey and mean ‘‘certain’’; it means sufficient to the internet at http:// Virginia. provide a reasonable degree of www.regulations.gov under the We have carefully assessed the best confidence in the prediction. Thus, a appropriate docket number (see scientific and commercial information prediction is reliable if it is reasonable ADDRESSES, above). The following are available regarding the past, present, to depend on it when making decisions. informational summaries for the and future threats to the Doll’s daisy, It is not always possible or necessary findings in this document. and we evaluated all relevant factors to define foreseeable future as a under the five listing factors, including Doll’s Daisy particular number of years. Analysis of any regulatory mechanisms and the foreseeable future uses the best Previous Federal Actions conservation measures addressing these scientific and commercial data available stressors. The primary stressors affecting and should consider the timeframes On April 20, 2010, we received a the Doll’s daisy’s biological status applicable to the relevant threats and to petition from the Center for Biological include habitat modification (as a result the species’ likely responses to those Diversity (CBD), Alabama Rivers of development, agriculture, off-road threats in view of its life-history Alliance, Clinch Coalition, Dogwood vehicle use, altered surface hydrology, characteristics. Data that are typically Alliance, Gulf Restoration Network, and groundwater withdrawals) and relevant to assessing the species’ Tennessee Forests Council, and West climate change. There are conservation biological response include species- Virginia Highlands to list 404 aquatic, measures in place that benefit the specific factors such as lifespan, riparian, and wetland species, including species. Our species status assessment reproductive rates or productivity, Boltonia montana (referred to by the report for the Doll’s daisy evaluates certain behaviors, and other common names ‘‘Doll’s-daisy’’ and three plausible future scenarios for the demographic factors. ‘‘doll’s daisy’’ in the petition; referred to species. In our future condition In conducting our evaluation of the hereafter as Doll’s daisy), as endangered analysis, scenarios 1 and 3 predict five factors provided in section 4(a)(1) of or threatened species under the Act. On between 3 and 11 populations would the Act to determine whether the Doll’s September 27, 2011, we published in have lower resiliencies than the current daisy (Boltonia montana), Puget the Federal Register (76 FR 59836) a 90- condition, with the potential under one Oregonian (Cryptomastix devia), Rocky day finding in which we announced scenario that changes may result in the Mountain monkeyflower (Mimulus that the petition contained substantial extirpation of several low resiliency gemmiparus), southern white-tailed information indicating listing may be populations, perhaps causing a loss of ptarmigan (Lagopus leucura altipetens), warranted for the species. This redundancy. Under scenario 2, we tidewater amphipod (Stygobromus document constitutes our 12-month predict feasible conservation efforts

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would improve the condition of 22 Puget Oregonian is found in the Cascade Furthermore, the species’ ability to take populations. Under all scenarios, the Range and Puget Trough in Washington, refuge in small areas (microhabitat) species would maintain multiple and south into the foothills of the Coast could add to the future resiliency of moderate or high resiliency populations Range and Willamette Valley, in populations. in the New Jersey and Virginia Oregon; the species is recognized as We know that features of the species’ metapopulations; therefore, the species’ extirpated from British Columbia, habitat may change in the future, and representation is not predicted to Canada. we can project the scope and magnitude change from the current condition Most occurrence records for this of some of those environmental changes. (although we note that the historical species come from the Cispus River in However, our incomplete understanding extirpation of the Pennsylvania Washington on the Gifford Pinchot of how the species may respond to metapopulation may have reduced the National Forest, resulting from surveys changes in its environment over time species’ representation). conducted under the Northwest Forest creates a wide range of possibilities for Despite impacts from the primary Plan in areas where U.S. Forest Service the future condition of the 15 analytic stressors, Doll’s daisy has maintained projects were being considered. As a units we assessed. The best available resilient populations throughout its result, much of the potential suitable information does not indicate that the range. Although we predict some habitat for the Puget Oregonian remains future magnitude and scope of potential continued impacts from these stressors unsurveyed. environmental stressors would be at a in the future, we anticipate the species The primary stressors affecting the level that would cause the species to be will continue to maintain resilient Puget Oregonian include the effects of in danger of extinction in the populations throughout the foreseeable past, current, and future habitat loss, foreseeable future. future. Therefore, we find that listing modification, and fragmentation from Therefore, we find that listing the the Doll’s daisy as an endangered forest management, land conversion to Puget Oregonian as an endangered species or threatened species under the agriculture and development, big leaf species or threatened species under the Act is not warranted. A detailed maple dieback disease, and wildfire. Act is not warranted. A detailed discussion of the basis for this finding However, the species has been found in discussion of the basis for this finding can be found in the Doll’s daisy species areas that had been previously impacted can be found in the Puget Oregonian assessment and other supporting by some of these stressors (forest species status assessment and other documents (see ADDRESSES, above). practices, bigleaf maple dieback disease supporting documents (see ADDRESSES, and wildfire). The best available data above). Puget Oregonian provide no information on whether Rocky Mountain Monkeyflower Previous Federal Actions there is a declining or increasing population trend and limited Previous Federal Actions On March 17, 2008, we received a information on whether the range of the petition (dated March 13, 2008) from species has contracted or expanded in On October 4, 2011, we received a CBD, Conservation Northwest, the the last century. Ten of the 15 habitat petition from WildEarth Guardians Environmental Protection Information units assessed appear to have high requesting, in part, that we list the Center, the Klamath-Siskiyou Wildlands resilience, containing multiple Rocky Mountain monkeyflower as an Center, and Oregon Wild to list 32 contemporary validated records of this endangered or threatened species under species and subspecies of snails and species as well as a high percentage of the Act. On August 29, 2012, we slugs (mollusks), including Puget suitable habitat within the unit and in published in the Federal Register (77 Oregonian (Cryptomastix devia), in the the immediate and surrounding area. FR 52293) a 90-day finding that the Pacific Northwest as endangered or Although the species does not appear to petition presented substantial threatened species under the Act. On be particularly abundant across its information indicating that listing the October 5, 2011, we published in the range, and much uncertainty regarding Rocky Mountain monkeyflower under Federal Register (76 FR 61826) a 90-day presence of the species in suitable but the Act may be warranted. This finding that the petition presented unsurveyed portions of the range, the document constitutes our 12-month substantial information indicating that snail’s distribution across a large area finding on the September 30, 2011, listing the Puget Oregonian under the (redundancy), with ten highly resilient petition to list the Rocky Mountain Act may be warranted. This document populations in four different sub-basins monkeyflower under the Act. constitutes our 12-month finding on the (representation), indicates the species is Summary of Finding March 13, 2008, petition to list the likely to withstand catastrophic events Puget Oregonian under the Act. in one or more sub-basin. The Rocky Mountain monkeyflower, The resources that the Puget also known as the budding Summary of Finding Oregonian needs are likely to diminish monkeyflower, is a small, narrow The Puget Oregonian is a snail that in quantity and quality over time with endemic plant found in north-central inhabits moist, conifer-forest habitats future increases in environmental Colorado. Uniquely, this plant exhibits that include some level of deciduous stressors including the effects of climate an asexual reproduction strategy not tree community composition. The change, human population growth in seen within the Mimulus genus or in species is most commonly located in the Pacific Northwest, forest any other Holarctic species; the plant stands with bigleaf maple (Acer management, and bigleaf maple dieback produces propagules which contain macrophyllum) that occur along stream disease. If suitable habitat diminishes as ‘‘bulbils,’’ which have all of the and river terraces or other habitats with expected, we would anticipate a components needed to develop into a a flat or gentle slope. Within that corresponding decline in the resiliency, new plant, including a shoot axis and landscape, the species’ habitat niche is redundancy, and representation of the rudimentary leaves and roots. The near or under bigleaf maple crowns and species. However, the Puget Oregonian’s Rocky Mountain monkeyflower in, or under, hardwood logs and other current distribution in at least 15 sites occupies approximately 60 acres (24.28 woody material, leaf litter, moist talus, across at least four different sub-basins hectares) on State or Federal lands and the lowest fronds of western will support its ability to maintain managed by the U.S. Forest Service, the swordfern (Polystichum munitum). The resiliency into the mid-21st century. National Park Service, and Colorado

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Parks and Wildlife in Boulder, Clear which minimizes many threats such the Act. We will address our finding for Creek, Grand, Jefferson, and Larimer that there are no stressors currently the Mt. Rainier white-tailed ptarmigan Counties in Colorado. Currently, we providing species-level impacts. In the in a future determination. know of 24 occurrences of the Rocky future, while we may lose some small Summary of Finding Mountain monkeyflower that constitute Rocky Mountain monkeyflower 19 populations; surveyors have populations, we project that each The southern white-tailed ptarmigan observed over 14 million ramets (ramets analysis unit will likely remain is a small bird that lives in high- are individuals that result from asexual occupied. Moreover, in all projected elevation, alpine ecosystems in reproduction and thus may be future scenarios, the three populations Colorado, northern New Mexico, and genetically identical). containing over 90 percent of historically in the Snowy Range of The Rocky Mountain monkeyflower monkeyflower ramets will be in good or southern Wyoming. Alpine ecosystems inhabits montane to subalpine habitats moderate condition. Furthermore, the are characterized by high winds, cold at elevations of 2,400 to 3,400 meters plant’s asexual reproduction strategy temperatures, short growing seasons, (7,874 to 11,154 feet) and is found under confers, and likely would continue to low atmospheric oxygen concentrations, overhangs of south-facing cliffs or confer, additional resiliency because and intense solar radiation. The boulders. Little information exists about this less energy-intensive method of southern white-tailed ptarmigan is one the ecological factors that affect growth reproduction allows the species to of five subspecies of white-tailed and establishment of the Rocky reproduce in relatively harsh ptarmigan in the Phasianidae family, Mountain monkeyflower in the wild. conditions. Thus, based on our analysis, subfamily Tetraoninae, which includes The survival of propagules is strongly we anticipate that the Rocky Mountain the grouse, or ground-feeding game influenced by moisture, temperature, monkeyflower will continue to have birds. So named for its perpetually and substrate type. A number of multiple, resilient populations white tail feathers, the southern white- patterns are apparent in the few distributed across its narrow range, tailed ptarmigan changes its plumage available studies on habitat parameters; providing for limited but sufficient seasonally to match the coloration and all of the previous studies and species redundancy and representation patterns of its alpine habitats, from descriptions suggest that periods of very necessary to withstand catastrophic white in winter to brown in the moist or saturated soil are important, events and adapt to environmental summer, effectively camouflaging the but it appears that too much water can change into the future. birds against snow and alpine rocks and be problematic for this species. The Therefore, we find that listing the vegetation. In addition to cryptic optimal hydrological conditions are Rocky Mountain monkeyflower as an coloration, the southern white-tailed sites that are periodically saturated or, endangered species or threatened ptarmigan displays other adaptations to at most, consistently moist with no long species under the Act is not warranted. the temperature, precipitation, wind, periods of standing water. Similarly, A detailed discussion of the basis for and snow cover extremes of its alpine successful sites have very shallow soil, this finding can be found in the Rocky habitats. For example, heavily feathered typically fewer than two centimeters Mountain monkeyflower species feet support the southern white-tailed deep. assessment and other supporting ptarmigan like snowshoes as they walk We have carefully assessed the best across the snow, and the subspecies documents (see ADDRESSES, above). scientific and commercial information feeds almost exclusively on willow buds available regarding the past, present, Southern White-Tailed Ptarmigan during the winter when other food and future threats to the Rocky Previous Federal Actions sources are scarce. Mountain monkeyflower, and we Nearly all suitable habitat for the evaluated all relevant stressors under On August 24, 2010, we received a southern-white tailed ptarmigan occurs the five listing factors, including any petition from CBD requesting that we on lands managed by Federal land regulatory mechanisms and list either the U.S. population or the management agencies, with over 85 conservation measures addressing these Rocky Mountain population of the percent managed by the U.S. Forest stressors. We identified climate change white-tailed ptarmigan as threatened or Service, over 5 percent managed by the as the primary stressor affecting the endangered distinct population National Park Service, and 4.5 percent Rocky Mountain monkeyflower’s segments (DPSs) and that we designate managed by the Bureau of Land biological status. Currently, the Rocky critical habitat. Following our Management. Approximately 6 percent Mountain monkeyflower has multiple, correspondence with the petitioner of suitable habitat is located on resilient populations distributed across regarding the accepted taxonomy of the privately owned land. The distribution its range, encompassing various white-tailed ptarmigan and our DPS of southern white-tailed ptarmigan is ecological conditions and some genetic policy, the petitioner revised the largely unchanged from historical levels variation. While the Rocky Mountain petition on September 1, 2011. The in Colorado and New Mexico, but a lack monkeyflower is a narrow endemic revised petition requested that we list of recent observations indicates that the plant with low population sizes and a the southern white-tailed ptarmigan (L. subspecies is presumed extirpated from limited range, this limitation does not l. altipetens) and the Mt. Rainier white- the Snowy Range in southern Wyoming. seem to be currently compromising the tailed ptarmigan (L. l. rainierensis) as We determined that individual species’ resiliency, redundancy, and threatened subspecies. On June 5, 2012, southern white-tailed ptarmigan have representation, given the relatively large we published in the Federal Register specific habitat needs to breed, feed, numbers of ramets in multiple (77 FR 33143) a 90-day finding that the and shelter, including suitable winter populations, the low risk of inbreeding petition presented substantial snow conditions, available late-lying depression due to the plant’s asexual information that listing may be snowfields, summer precipitation and reproduction, good or moderate warranted for the southern white-tailed monsoonal moisture, brood-rearing hydrological conditions in most ptarmigan and the Mt. Rainier white- habitat, and willows. We also populations, and relatively high levels tailed ptarmigan. This document determined that populations of southern of genetic diversity for an asexual constitutes the 12-month finding on the white-tailed ptarmigan need external species. The species is only known to September 1, 2011, petition to list the recruitment of immigrants, breeding occur on Federal and State public lands, southern white-tailed ptarmigan under dispersal, adult female survival, and

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population growth in order to be to changes in climate, with a minor Summary of Finding resilient. Demographic connectivity reduction in redundancy and The tidewater amphipod is a small, between populations is critical for representation if the analytical unit in subterranean, shallow groundwater resiliency, as it allows for genetic New Mexico declines from very low crustacean. Compared to similar exchange, dispersal, and external resiliency to an extirpated condition. amphipods, the tidewater amphipod is recruitment. The subspecies needs a However, at least 17 resilient analytical relatively large, with males reaching sufficient number and distribution of units are projected to remain distributed lengths of 9.7 millimeters (mm) (0.38 resilient populations to withstand the across Colorado in the future, so the inches (in)) and females 8.2 mm (0.32 annual variation in its environment, subspecies maintains enough resiliency, in). The species’ entire known current catastrophes, and novel biological and redundancy, and representation to distribution occurs within five counties physical changes in its environment. withstand stochastic and catastrophic in Maryland and seven counties in We have carefully assessed the best events and to adapt to changing Virginia spanning a distance of 180 scientific and commercial information conditions. Therefore, we consider the miles (289 kilometers) of the Coastal available regarding the past, present, future risk of extinction to also be low. Plain physiographic region. and future threats to the southern white- We find that listing the southern Contemporary collections of tidewater tailed ptarmigan, and we evaluated all white-tailed ptarmigan as an relevant factors under the five listing amphipods have typically been made endangered subspecies or a threatened during the winter and spring months factors, including any regulatory subspecies under the Act is not mechanisms and conservation measures when individuals can be found in warranted. A detailed discussion of the seepage springs, tile drains, and shallow addressing these stressors. Potential basis for this finding can be found in the stressors to the southern white-tailed wells. southern white-tailed ptarmigan species Specific diet, water quality and ptarmigan include predation, mining assessment and other supporting quantity tolerances, and behavioral and and related poisoning due to toxic documents (see ADDRESSES, above). concentrations of trace metals, hunting, reproductive traits of tidewater recreation, livestock and native ungulate Tidewater Amphipod amphipod are unknown. However, based on the general principles of grazing, and the effects of global climate Previous Federal Actions change. Through our analysis, we found conservation biology, information about that only climate change may affect We identified the tidewater amphipod other groundwater amphipod species, southern white-tailed ptarmigan as a Category 2 candidate species for and local information from the areas populations due to increases in listing in a May 22, 1984, notice of where tidewater amphipods have been minimum and maximum temperatures; review (49 FR 21664). Category 2 observed, we infer that individuals need changes in snow quantity, quality, candidate species were taxa for which shallow water habitats with sufficient extent, and duration; shifts in plant the Service had information indicating space to breed and shelter; sufficient phenology; advancement of treeline, that proposing to list the species as water quality for breeding and and expansion of willow into alpine endangered or threatened was possibly sheltering; forest cover, which provides areas; and changes in the amount and appropriate, but for which conclusive a buffer for water quality and quantity, timing of seasonal precipitation. data on biological vulnerability and and provides food; and a clay or Although the other stressors may affect threats were not at that time available to confining layer or pore space to help individuals or local areas, they do not support proposed rules. The tidewater support feeding and sheltering when affect resiliency, redundancy, or amphipod remained designated as a water quantities are low. representation, alone or cumulatively, Category 2 candidate species in We have carefully assessed the best currently or into the future for the subsequent candidate notices of review scientific and commercial information southern white-tailed ptarmigan. (54 FR 554, January 6, 1989; 56 FR available regarding the past, present, Currently, 14 out of 19 analytical 58804, November 21, 1991; 59 FR and future threats to the tidewater units (a scale of analysis similar to 58982, November 15, 1994). In the amphipod, and we evaluated all populations) have high resiliency, 3 February 28, 1996, notice (61 FR 7596), relevant factors under the five listing have medium resiliency, 1 in New we discontinued the designation of factors, including any regulatory Mexico has very low resiliency, and the Category 2 species as candidates, which mechanisms and conservation measures Snowy Range analytical unit in removed the tidewater amphipod from addressing these stressors. The primary Wyoming is presumed extirpated. Other our candidate list. stressors affecting the tidewater than local declines in New Mexico and On April 20, 2010, we received a amphipod’s biological status include the presumed extirpation in the Snowy petition from CBD, Alabama Rivers reduced groundwater quality and Range, the southern white-tailed Alliance, Clinch Coalition, Dogwood quantity, and we identified ptarmigan currently occupies nearly all Alliance, Gulf Restoration Network, development (i.e., impervious surfaces) of its historical range, and the Tennessee Forests Council, and West as a primary source of changes to both. subspecies has sufficient resiliency, Virginia Highlands to list 404 aquatic, In response to degraded water quality, redundancy, and representation to riparian, and wetland species, including we conclude there could be decreased withstand stochastic and catastrophic the tidewater amphipod, as endangered fitness and declines in the tidewater events and to adapt to environmental or threatened species under the Act. On amphipod’s resiliency caused by changes. Therefore, given the current September 27, 2011, we published in changes in biodiversity within its levels of resiliency distributed across the Federal Register (76 FR 59836) a 90- habitats. In response to the greater threat Colorado, the lack of significant day finding in which we announced of reduced water quantity, there is stressors, and the life-history that the petition contained substantial evidence that the tidewater amphipod characteristics of the subspecies that information indicating listing may be can burrow deeper underground for make it uniquely adapted to the warranted for the species. This periods of time and reemerge when environmental extremes of its alpine document constitutes our 12-month sufficient water levels return. While habitats, we conclude that the current finding on the April 20, 2010, petition representation is assumed to have risk of extinction is low. In the future, to list the tidewater amphipod under the decreased when compared to historical we project reductions in resiliency, due Act. conditions, it appears the species has

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sustained multiple populations across Summary of Finding Forest Guardians (now WildEarth much of its historical range and through The tufted puffin is a widely Guardians) requesting that the Service: multiple stochastic events such as distributed pelagic seabird found in the (1) Consider all full species in our drought. Considering the future North Pacific Ocean. The tufted puffin Mountain Prairie Region ranked as G1 scenarios, the majority of populations is a burrow-nester that commonly nests or G1G2 by the organization do not appear to be at high risk of colonially on offshore islands. Tufted NatureServe, except those that are development, and the impact to the puffins nest along the coasts of currently listed, proposed for listing, or species caused by impervious surfaces California, Oregon, Washington, and candidates for listing; and (2) list each is not projected to increase Alaska in the United States, and in species as either endangered or substantially. Thus, the primary threats Canada (British Columbia), Russia, and threatened. This petition included the appear to have low imminence and Japan. The majority of tufted puffins (82 Hamlin Valley pyrg, longitudinal gland magnitude such that they are not percent) nest in North America, pyrg, and sub-globose snake pyrg. On providing species-level impacts to the primarily Alaska; Russia has the second February 27, 2009, we received another tidewater amphipod. We evaluated largest concentration of nesting tufted petition dated February 17, 2009, from numerous other factors (e.g., climate puffins (18 percent). Colony size is the CBD, Tierra Curry, Noah Greenwald, change, effects of small population size, variable, ranging from just a few birds Dr. James Deacon, Don Duff, and the Freshwater Mollusk Conservation collection, predation, disease, to large colonies of greater than 100,000 Society, requesting that we list 42 recreation, forest management, and tufted puffins. species of Great Basin springsnails in other conservation efforts) and We have carefully assessed the best Nevada, Utah, and California, including determined that they had little to no scientific and commercial information available regarding the past, present, the Hamlin Valley pyrg, longitudinal measurable impact on the species. The gland pyrg, and sub-globose snake pyrg, species status assessment report and future threats to the tufted puffin, and we evaluated all relevant factors as endangered or threatened, and describes many uncertainties in the designating critical habitat under the species’ occurrence, populations, and under the five listing factors, including any regulatory mechanisms and Act. On August 18, 2009, we published response to threats, but, considering the conservation measures addressing these in the Federal Register (74 FR 41649) a available data, the risk of extinction is stressors. We determined that the most 90-day finding in which we announced low. significant threats impacting the tufted that the petitions contained substantial Therefore, we find that listing the puffin and its habitat are changing information indicating listing these tidewater amphipod as an endangered climate conditions, oil spills, fisheries three species may be warranted. This species or threatened species under the bycatch, mammalian and avian document constitutes the 12-month Act is not warranted. A detailed predators, nonnative plants and finding on the July 30, 2007, and discussion of the basis for this finding animals, and human disturbance. The February 17, 2009, petitions to list the can be found in the tidewater amphipod most significant of these threats to Hamlin Valley pyrg, longitudinal gland species assessment and other supporting potentially impact the resource needs of pyrg, and sub-globose snake pyrg under documents (see ADDRESSES, above). tufted puffins are climate change and oil the Act. spills. Currently, the best available Summary of Finding Tufted Puffin information for tufted puffins indicates The three springsnail species are in Previous Federal Actions adequate redundancy and the genus Pyrgulopsis of the representation across the species’ range, On February 14, 2014, we received a Hydrobiidae family. In general, the three including robust populations across the species are morphologically similar petition from the Natural Resources majority of its range. The species with hardened shells and soft anatomy, Defense Council (NRDC) to list the continues to occur throughout its and they are differentiated based on contiguous U.S. DPS of tufted puffin as historical range. While the tufted subtle morphological characteristics. an endangered or threatened species puffin’s range will likely continue to The Hamlin Valley pyrg occurs only in under the Act. Alternatively, the NRDC contract in the south due to climate the White Rock Cabin Springs province stated that we should list the tufted change, models predict the species will in Hamlin Valley, straddling the Utah puffin species (i.e., the entire continue to remain widely distributed and Nevada State line. The Utah portion population(s) across its known range) throughout most of its historical range. of the spring province is all on private and apply this alternative if we found The tufted puffin is expected to land, while the Nevada portion is the contiguous U.S. population of the maintain resilient colonies throughout a entirely within the White Rock Range species did not meet our DPS policy. On large proportion of its range, including Wilderness Area managed by the Bureau September 18, 2015, we published in likely continued representation across of Land Management (BLM). The the Federal Register (80 FR 56423) a 90- most of its range. longitudinal gland pyrg occurs on day finding in which we announced Therefore, we find that listing the private land at three springs or spring that the petition contained substantial contiguous U.S. DPS of tufted puffin or provinces (Big Springs province, information indicating listing may be the tufted puffin species as endangered Stateline Springs province, and Clay warranted for the contiguous U.S. DPS or threatened is not warranted. A Spring) in the Snake Valley area of of tufted puffin in the States of detailed discussion of the basis for this White Pine County, Nevada, and Washington, Oregon, and California. finding can be found in the tufted puffin Millard County, Utah. The sub-globose The 90-day finding neglected to make a species assessment and other supporting snake pyrg occurs only in Utah at Gandy determination specific to the NRDC’s documents (see ADDRESSES, above). Warm Springs in Snake Valley, alternative listing request. This Hamlin Valley Pyrg, Longitudinal Gland contained entirely within the Gandy document constitutes our 12-month Pyrg, Sub-Globose Snake Pyrg Mountain Caves Area of Critical finding on the February 14, 2014, Environmental Concern managed by the petition to list the tufted puffin Previous Federal Actions BLM. (addressing both petitioned entities) On July 30, 2007, we received a All three springsnails are very small under the Act. petition (dated July 24, 2007) from in size, only a few millimeters in length

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and width, and have limited ability or sufficient water quality, adequate system still have high numbers of snails tendency to move. These species are substrate and vegetation, free-flowing and a low probability of armored catfish herbivores or detritivores that primarily water, and adequate spring discharge. invasion. The BLM, Utah Division of graze on the periphyton (freshwater Additionally, we consider the future Wildlife Resources, and the Service organisms attached or clinging to plants) risk of catastrophic or stochastic events entered into the Conservation of exposed surfaces of aquatic plants affecting this species or its habitat to be Agreement and Strategy for the Sub- and substrates in the small springs they low. globose Snake Pyrg (Agreement) in inhabit. We determined the following The longitudinal gland pyrg currently 2020. We evaluated the certainty that spring conditions are most critical in occurs in three locations with 13 the conservation measures in the influencing the physical and biological occupied springbrooks in high overall Agreement will be implemented and needs of springsnails: Sufficient water resiliency condition, 5 springbrooks in effective in our Policy for the Evaluation quality, adequate substrate and moderate condition, and only 1 of Conservation Efforts (PECE) analysis. vegetation, free-flowing water, and springbrook in low condition. Using the criteria specified in PECE (68 Resiliency is high in most springbrooks adequate spring discharge. When each FR 15100, March 28. 2003), we have due to high abundance despite some of these physical and biological needs is determined that all of the PECE criteria environmental stressors. Competition present and functioning within a spring, have been satisfied. We find that the stable populations of springsnails are and predation, spring modification, and 2020 CAS has a high level of certainty expected. vegetation and soil disturbance from We have carefully assessed the best grazing and roads are the only historical for future implementation and certainty scientific and commercial information and current stressors. Because most of the effectiveness. Nonnative fish available regarding the past, present, populations exhibit high resilience removal efforts under the strategy have and future threats to the springsnails, despite the co-occurrence of stressors, already begun to reduce armored catfish and we evaluated all relevant factors we concluded that the stressors have a numbers in Gandy Warm Springs. under the five listing factors, including low to moderate effect on the Current redundancy and representation any regulatory mechanisms and longitudinal gland pyrg. Current are limited due to the narrow range of conservation measures addressing these abundance, range, and effects of the species and its single population, stressors. Historically and through the stressors make it unlikely there would but this is likely similar to historical present, the three springsnail species be a loss in redundancy or conditions. Therefore, we conclude that and their habitats were impacted to representation, and we expect the the current risk of extinction is low. Our varying degrees by predation and redundancy and representation to be assessment of the future status of this competition, vegetation and soil adequate. Therefore, we conclude that species takes into consideration the disturbance, water pollution, spring the current risk of extinction is low. In Agreement, which includes the modification, and groundwater the future, we project that the continuation of conservation actions to pumping. However, we determined the longitudinal gland pyrg will continue to eliminate nonnative fish from Gandy most important stressors likely to have populations with high resiliency Warm Springs and prevent future impact future conditions of the three due to predicted high abundance invasion, thereby addressing this threat species include groundwater pumping despite the future effects of to the species. Future resiliency is and withdrawals, altered precipitation environmental stressors and because expected to increase due to the removal and temperature, and, in the case of the groundwater pumping is unlikely to of nonnative fish in accordance with the sub-globose snake pyrg, nonnative fish occur in the foreseeable future. Agreement, the fact that groundwater competition. Redundancy and representation are pumping is unlikely, and the species’ The Hamlin Valley pyrg occurs in one projected to continue to be adequate in past ability to sustain itself despite other population with 10 of 11 occupied the future with three occupied spring environmental stressors. Redundancy springbrooks in high overall resiliency systems with multiple occupied and representation are projected to condition and one springbrook in springbrooks. In the future, we expect continue to be limited in the future due moderate condition; resiliency is high in the species’ habitat to continue to to the species’ narrow range and its all but one springbrook due to high provide for the needs of sufficient water single population, but this is likely abundance despite some environmental quality, adequate substrate and similar to historical conditions. In the stressors. Redundancy and vegetation, free-flowing water, and future, we expect the species’ habitat to representation are limited due to the adequate spring discharge. Additionally, continue to provide for the needs of species’ narrow range and its single we consider the future risk of sufficient water quality, adequate population; however, this is likely catastrophic or stochastic events substrate and vegetation, free-flowing similar to historical conditions. affecting this species or its habitat to be water, and adequate spring discharge. Therefore, we conclude that the current low. Additionally, we consider the future risk of extinction is low. In the future, The sub-globose snake pyrg currently risk of catastrophic or stochastic events we project the Hamlin Valley pyrg occurs in one spring system with affecting the sub-globose snake pyrg or population to have high resiliency due multiple springbrooks in the upper its habitat to be low. to predicted high abundance and reaches of the spring system in protection of the water source from moderate resiliency condition. The Therefore, we find that listing the pumping due to wilderness designation spring system is a warm water system Hamlin Valley pyrg, longitudinal gland of groundwater areas upslope of the with temperatures greater than 25 pyrg, and sub-globose snake pyrg as spring province. Redundancy and degrees Celsius (77 degrees Fahrenheit). endangered species or threatened representation are projected to continue The population appears to be resilient to species under the Act is not warranted. to be limited due to the species’ narrow environmental stressors; however, A detailed discussion of the basis for range and only one population, but this numbers of snails are down overall due this finding can be found in the Hamlin is likely similar to historical conditions to the recent invasion of armored catfish Valley pyrg, longitudinal gland pyrg, for this narrow endemic species. In the into the lower reaches of the system, and sub-globose snake pyrg species future, we expect the species’ habitat to which is the only current threat to the assessment and other supporting continue to provide for the needs of species. The upper reaches of the documents (see ADDRESSES, above).

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Johnson Springs Wetland Complex separate from other relict dace the Blue Lakes, but still occurs in Clear Population of Relict Dace populations, we find no evidence that and Thurston Lakes throughout the these measures of genetic divergence year. In the spring, reproductive adults Previous Federal Actions result in marked differences in the migrate into tributary streams to spawn On June 27, 2014, we received a JSWC population segment’s genetic and then migrate back to the lakes after petition from Forest Service Employees characteristics. Therefore, the JSWC spawning. It is unclear whether for Environmental Ethics, requesting relict dace population is not a listable Lampson Pond still exists; therefore, the that the Johnson Springs Wetland entity under the Act. Because the JSWC status of the Clear Lake hitch in Complex Population (JSWC) population population of relict dace is not a listable Lampson Pond is unknown. of relict dace be listed as an endangered entity, we did not perform a status For most of the year, Clear Lake hitch DPS under the Act. On April 10, 2015, assessment under the five factors as are only found within their lacustrine we published a 90-day finding (80 FR required under section 4(a) of the Act. (lake) environment. However, between 19259) that the petition presented This finding constitutes our completion February and May, a portion of the substantial information indicating that of our review of the petitioned action. overall reproductive population begins listing the JSWC population of relict A detailed discussion of the basis for to migrate into the surrounding dace may be warranted and that we this finding can be found in the JSWC tributaries to spawn. Spawning were initiating a status review. This population of relict dace species activities include one to five males document constitutes our 12-month assessment and other supporting pursuing a gravid female to fertilize her finding on the June 27, 2014 petition to documents (see ADDRESSES, above). freshly extruded eggs, which are list the JSWC population of relict dace deposited on fine to medium sized under the Act. Clear Lake Hitch gravel within the tributary stream. Summary of Finding Previous Federal Actions Fertilized eggs develop and hatch within 7 to 10 days, fry are free- The relict dace is a small fish in the We received a petition from the swimming after another 7 to 10 days, Cyprinidae family that was first Center for Biological Diversity on and young migrate to the lake at about described in 1972 (Hubbs and Miller September 25, 2012 (CBD 2012, entire), a month old before the streams dry up. 1972, pp. 101–102). It is found in spring to list the Clear Lake hitch as threatened Juvenile hitch are found within the systems in five isolated valleys in the or endangered under the Act. The nearshore habitat of the lake where they northeastern corner of Nevada; these Service issued a 90-day finding on April depend on submerged aquatic valleys are estimated to have been 10, 2015 (80 FR 19259), stating the vegetation for cover and prey. Juvenile separated for hundreds of thousands of petition presented substantial hitch move from the nearshore portion years. Four of these valleys contain information that listing the Clear Lake of the lake into open water in early-to native populations, including the JSWC, hitch may be warranted and that we late-fall. There is evidence that Clear and one includes only introduced were initiating a status review. This Lake hitch do not require tributary populations. document constitutes the 12-month streams with gravel to spawn, but can Waterbodies occupied by the species finding on the September 25, 2012, also spawn successfully in different include springs, spring pools, and petition to list the Clear Lake hitch. portions of the lake (i.e., along the shore, spring outflows; wetlands; natural and Summary of Finding the mouths of tributaries, and Rodman human-modified channels; ditches; Slough) that lack a gravel substrate. ephemeral reservoirs; and creeks. The The Clear Lake hitch (hitch) (Lavinia We have carefully assessed the best relict dace feeds on aquatic exilicauda chi) is a large cyprinid scientific and commercial information invertebrates, including mayfly and (freshwater minnow) that is endemic to available regarding the past, present, damselfly nymphs; they consume the Clear Lake watershed in Lake and future threats to the Clear Lake relatively little plant material County, California. Historically, the hitch, and we evaluated all relevant (Carmichael 1983, p. 88). Little is Clear Lake hitch occurred in several factors under the five listing factors, known about relict dace breeding or lakes and ponds found throughout the including any regulatory mechanisms behavior; however, the species is Clear Lake watershed, including: Clear and conservation measures addressing considered secretive (NDOW 2007, p. 4). Lake, Thurston Lake, Upper Blue Lake, these stressors. The primary stressors We have carefully assessed the best Lower Blue Lake, and Lampson Pond. affecting the Clear Lake hitch’s scientific and commercial information During the spring, Clear Lake hitch were biological status include habitat available regarding whether the JSWC also found in the numerous tributaries degradation, predation and competition, population of relict dace qualifies as a to these larger water bodies, including: drought and climate change. Based on DPS. Based on our thorough review, we Kelsey, Scott, Middle, Adobe, Seigler our examination of the best available find that the JSWC population of relict Canyon, Manning, Cole, Morrison, and scientific information, we have dace meets our criteria for discreteness Schindler Creeks. All of the determined that habitat degradation, under our February 7, 1996 DPS policy waterbodies, listed above, with the predation and competition, drought and (61 FR 4722); however, it does not meet exception of Thurston Lake, were climate change are not likely to the criteria for significance based on the hydrologically connected to each other adversely affect the overall viability of four criteria outlined in the DPS policy. in the past, and it appears that Thurston the Clear Lake hitch in a biologically The JSWC population of relict dace does Lake and its tributary, Thurston Creek, meaningful way to such an extent that not occur in a unique or unusual setting have always been isolated from the the species is in danger of extinction or for relict dace, does not show evidence other waterways. Local opinion is that likely to become so in the foreseeable that loss of the discrete population hitch were introduced into Thurston future throughout all or a significant segment would result in a significant Lake by a local resident less than 50 portion of its range for the following gap in the range of relict dace, and does years ago. The Clear Lake hitch is reasons: (1) The Clear Lake hitch has a not represent the only surviving native restricted to the Clear Lake watershed in long life span, (2) the Clear Lake hitch occurrence of relict dace. While genetic Lake County, California, in the central are highly fecund, and (3) the Clear Lake discontinuity demonstrates the JSWC Coast Range Mountains. Currently, the hitch has shown the ability to use population segment is markedly hitch is thought to be extirpated from different spawning strategies, which

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demonstrates its behavioral flexibility to Authors FOR FURTHER INFORMATION CONTACT: Kurt variable environmental conditions. The primary authors of this document Iverson, 907–586–7210. Additionally, regulatory mechanisms are the staff members of the Species SUPPLEMENTARY INFORMATION: such as the California Endangered Assessment Team, Ecological Services Authority for Action Species Act (CESA) and local Program. ordinances are currently acting to NMFS manages the groundfish ameliorate the severity of some existing Authority fisheries in the U.S. exclusive economic threats, such as the take of individuals, The authority for this action is section zone (EEZ) of the Bering Sea and degradation of tributary streams, and 4 of the Endangered Species Act of Aleutian Islands (BSAI) under the loss of wetland habitat surrounding 1973, as amended (16 U.S.C. 1531 et Fishery Management Plan for Clear Lake. Furthermore, the SSA seq.). Groundfish of the BSAI Management presented three plausible future Area (FMP). The Council prepared, and Aurelia Skipwith, scenarios, which included various states NMFS approved, the FMP under the Director, U.S. Fish and Wildlife Service. of potential future conditions for the authority of the Magnuson-Stevens species. Our analysis of these scenarios [FR Doc. 2020–26139 Filed 12–2–20; 8:45 am] Fishery Conservation and Management indicates that the Clear Lake hitch will BILLING CODE 4333–15–P Act (MSA), 16 U.S.C. 1801 et seq. maintain its current resiliency, Regulations governing U.S. fisheries and implementing the FMP appear at 50 representation, or redundancy, or DEPARTMENT OF COMMERCE undergo only a slight decrease in CFR part 679. General regulations that pertain to U.S. fisheries appear at condition into the foreseeable future. National Oceanic and Atmospheric Even under a projection of a slight subpart H of 50 CFR part 600. Administration NMFS published the proposed rule decrease in future condition, the Clear for these regulatory amendments in the Lake hitch was not projected to be in 50 CFR Part 679 Federal Register on September 18, 2020 danger of extinction in the next 50 [Docket No. 201125–0321] (85 FR 58322). A summary of comments years. on the proposed rule and NMFS’ Therefore, we find that listing the RIN 0648–BJ59 responses are provided in the Clear Lake hitch as an endangered or Fisheries of the Exclusive Economic Comments and Responses section of this threatened species under the Act is not Zone Off Alaska; Pacific Cod in the preamble. warranted at this time. A detailed Bering Sea and Aleutian Islands Summary of This Action discussion of the basis for this finding can be found in the Clear Lake hitch AGENCY: National Marine Fisheries In this rule, NMFS modifies Federal species assessment form and other Service (NMFS), National Oceanic and permit conditions and imposes supporting documents (see ADDRESSES, Atmospheric Administration (NOAA), participation requirements for certain above). Commerce. federally permitted vessels when fishing ACTION: Final rule. for Pacific cod in State of Alaska waters New Information (state waters) adjacent to the Exclusive SUMMARY: This final rule modifies Economic Zone (EEZ) of the Bering Sea We request that you submit any new Federal permit conditions and imposes and Aleutian Islands (BSAI). The state information concerning the taxonomy participation requirements for certain waters portion of the Pacific cod fishery of, biology of, ecology of, status of, or federally permitted vessels when fishing that runs concurrent with the Federal stressors to the Doll’s daisy, Puget for Pacific cod in state waters adjacent Pacific cod fishery is commonly known Oregonian, Rocky Mountain to the exclusive economic zone of the as the State’s parallel fishery. monkeyflower, southern white-tailed Bering Sea and Aleutian Islands during Throughout this preamble, ‘‘state ptarmigan, tidewater amphipod, tufted the State of Alaska’s parallel Pacific cod waters’’ refers to the maritime waters puffin, Hamlin Valley pyrg, longitudinal fishery. This action is necessary to from 0 to 3 nautical miles off Alaska, gland pyrg, sub-globose snake pyrg, the enhance Federal conservation, and ‘‘EEZ’’ and ‘‘Federal waters’’ are Johnson Springs Wetland Complex management, and catch accounting used interchangeably and refer to the population of relict dace, or Clear Lake measures previously adopted by the maritime waters from 3 to 200 nautical hitch to the appropriate person, as North Pacific Fishery Management miles off Alaska. In addition, ‘‘parallel specified under FOR FURTHER Council (Council) regarding license fisheries’’ in this preamble refers to the INFORMATION CONTACT, whenever it limitation, sector allocations, and catch state waters Pacific cod parallel fisheries becomes available. New information reporting. This action is intended to in the State of Alaska Bering Sea- will help us monitor these species and promote the goals and objectives of the Aleutian Islands Area, which presently make appropriate decisions about their Magnuson-Stevens Fishery is in the Dutch Harbor Subdistrict of the conservation and status. We encourage Conservation and Management Act, the Bering Sea and within the Aleutian local agencies and stakeholders to Fishery Management Plan for Islands Subdistrict of the Aleutian continue cooperative monitoring and Groundfish of the Bering Sea and Islands, respectively. conservation efforts. Aleutian Islands Management Area, and This rule prohibits (1) a hook-and- other applicable law. References Cited line, pot, or trawl gear vessel named on DATES: Effective January 4, 2021. a Federal Fisheries Permit (FFP) or A list of the references cited in this ADDRESSES: Electronic copies of the License Limitation Program (LLP) petition finding is available on the Categorical Exclusion and the license from being used to catch and internet at http://www.regulations.gov Regulatory Impact Review (RIR) retain BSAI Pacific cod in State of in the appropriate docket provided prepared for this action (referred to as Alaska (State) waters adjacent to the above in ADDRESSES and upon request the ‘‘Analysis’’) are available from BSAI during the State’s parallel Pacific from the appropriate person, as http://www.regulations.gov or from the cod fishery unless the vessel is named specified under FOR FURTHER NMFS Alaska Region website at https:// on an FFP and LLP license that have the INFORMATION CONTACT. www/fisheries.noaa.gov/region/alaska. required endorsements; (2) a hook-and-

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