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Government-to-Government at 78 FR 26302 (May 6, 2013), as (T) Obstruction removal; Relationship With Tribes follows: (U) Herbaceous weed control; (V) Ponds; In accordance with the President’s PART 17—[AMENDED] memorandum of April 29, 1994 (W) Tree and Shrub Planting; (X) Heavy Use Protection; (Government-to-Government Relations ■ 1. The authority citation for part 17 (Y) Woody Residue Treatment; with Native American Tribal continues to read as follows: Governments; 59 FR 22951), Executive (Z) Well Decommissioning; Authority: 16 U.S.C. 1361–1407; 1531– (AA) Conservation Cover. Order 13175 (Consultation and 1544; 4201–4245; unless otherwise noted. Coordination with Indian Tribal (iii) As a result of the continuation of ■ 2. Amend § 17.41 by revising Governments), and the Department of routine agricultural practices, as paragraph (a) to read as follows: the Interior’s manual at 512 DM 2, we specified below, on cultivated lands that are in row crop, hay, or forage readily acknowledge our responsibility § 17.41 Special rules—birds. to communicate meaningfully with production that meet the definition of (a) Lesser prairie-chicken cropland at 7 CFR 718.2, and, in recognized Federal Tribes on a (Tympanuchus pallidicinctus). government-to-government basis. In addition, must have been cultivated, (1) Prohibitions. Except as noted in meaning tilled, planted, or harvested, accordance with Secretarial Order 3206 paragraphs (a)(2)(i), (a)(2)(ii), and of June 5, 1997 (American Indian Tribal within the previous 5 years. Activities (a)(2)(iii) of this section, all prohibitions covered by this provision include: Rights, Federal-Tribal Trust and provisions of §§ 17.31 and 17.32 Responsibilities, and the Endangered (A) Plowing, drilling, disking, apply to the lesser prairie-chicken. mowing, or other mechanical Species Act), we readily acknowledge (2) Exemptions from prohibitions. our responsibilities to work directly manipulation and management of lands Incidental take of the lesser prairie- in cultivation, provided that the harvest with tribes in developing programs for chicken will not be considered a healthy ecosystems, to acknowledge that of cultivated lands is conducted by violation of section 9 of the Act if the methods that allow wildlife to flush and tribal lands are not subject to the same take occurs: controls as Federal public lands, to escape, such as starting operations in (i) On privately owned, State, or the middle of the field and working remain sensitive to Indian culture, and county land from activities that are to make information available to tribes. outward, or by modifying equipment to conducted by a participant enrolled in, include flush bar attachments. By letter dated April 19, 2011, we and operating in compliance with, the (B) Routine activities in direct support contacted known tribal governments Lesser Prairie-Chicken Interstate of cultivated agriculture, including throughout the historical range of the Working Group’s Lesser Prairie-Chicken replacement, upgrades, maintenance, lesser prairie-chicken. We sought their Range-Wide Conservation Plan, as and operation of existing infrastructure input on our development of a proposed endorsed by the U.S. Fish and Wildlife such as irrigation conveyance structures rule to list the lesser prairie-chicken and Service. and roads. encouraged them to contact the (ii) On privately owned agricultural Oklahoma Ecological Services Field land from the following conservation * * * * * Office if any portion of our request was practices that are carried out in Dated: December 6, 2013. unclear or to request additional accordance with a conservation plan Daniel M. Ashe, information. We did not receive any developed by the U.S. Department of Director, U.S. Fish and Wildlife Service. comments regarding this request. Agriculture’s Natural Resources [FR Doc. 2013–29587 Filed 12–10–13; 8:45 am] References Cited Conservation Service (NRCS) in BILLING CODE 4310–55–P connection with NRCS’s Lesser Prairie- A complete list of all references cited Chicken Initiative and related NRCS in this proposed rule is available on the activities that provide financial or DEPARTMENT OF THE INTERIOR Internet at http://www.regulations.gov at technical assistance to support lesser Docket No. FWS–R2–ES–2012–0071 or prairie-chicken conservation, and which Fish and Wildlife Service upon request from the Field Supervisor, were developed in coordination with Oklahoma Ecological Services Field the U.S. Fish and Wildlife Service: 50 CFR Part 17 Office (see FOR FURTHER INFORMATION (A) Upland wildlife habitat [Docket No. FWS–R8–ES–2013–0116; CONTACT ). management; 4500030113] Authors (B) Prescribed grazing; (C) Restoration and management of Endangered and Threatened Wildlife The primary authors of this proposed rare and declining habitats; and Plants; 12-Month Finding on a rule are the staff members of the (D) Access control; Petition To Reclassify Eriodictyon Oklahoma Ecological Services Field (E) Forage harvest management; altissimum as Threatened Office (see FOR FURTHER INFORMATION (F) Prescribed burning; CONTACT). (G) Brush management; AGENCY: Fish and Wildlife Service, Interior. List of Subjects in 50 CFR Part 17 (H) Firebreaks; (I) Cover crops; ACTION: Notice of 12-month petition Endangered and threatened species, (J) Critical area planting; finding. Exports, Imports, Reporting and (K) Forage and biomass planting; recordkeeping requirements, (L) Range planting; SUMMARY: We, the U.S. Fish and Transportation. (M) Watering facilities; Wildlife Service, announce a 12-month (N) Spring development; finding on a petition to reclassify Proposed Regulation Promulgation (O) Pumping plants; Eriodictyon altissimum (Indian Knob Accordingly, we propose to further (P) Water wells; mountain balm) as a threatened species amend part 17, subchapter B of chapter (Q) Pipelines; under the Endangered Species Act of I, title 50 of the Code of Federal (R) Grade stabilization structures; 1973, as amended (Act). After review of Regulations, as proposed to be amended (S) Fences; the best available scientific and

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commercial information, we find that offices. We notified the public of No. FWS–R8–ES–2013–0116. The reclassifying E. altissimum as completion of the 5-year review on May species report was prepared by Service threatened is not warranted at this time. 21, 2010 (75 FR 28636). The 5-year biologists to provide a thorough However, we ask the public to submit to review resulted in a recommendation to discussion of the species’ ecology, us any new information that becomes change the status of the species from biological needs, and analysis of the available concerning the threats to E. endangered to threatened. We threats that may be impacting the altissimum or its habitat at any time. acknowledged in the review that the species. The species report includes DATES: The finding announced in this recovery criteria had only been partially discussion of the following: Species document was made on December 11, met. However, we still made the description, taxonomy, life history, 2013. recommendation to downlist because habitat, soils, distribution, abundance, the status of the species appeared to be age and size distribution, role of fire in ADDRESSES: This finding is available on self-sustaining and stable (Service 2009, regeneration, and an assessment of the Internet at http:// p. 11). We also made the threats currently acting on the species. www.regulations.gov at Docket Number recommendation based on a substantial This detailed information is FWS–R8–ES–2013–0116. Supporting reduction of the primary threat at the summarized in the following paragraphs documentation we used in preparing time of listing (i.e., habitat loss as a of this Background section and the this finding is included in the docket at result of development); this threat was Summary of Factors Affecting the http://www.regulations.gov and reduced as a result of conserving lands Species section. available for public inspection, by where the species occurred in the Los Eriodictyon altissimum is a relatively appointment, during normal business Osos and Indian Knob areas. Therefore, weak-stemmed evergreen shrub that was hours at the U.S. Fish and Wildlife based on the best scientific and originally placed in the waterleaf family Service, Ventura Fish and Wildlife commercial information available at that (Hydrophyllaceae) (Halse 1993, pp. Office, 2493 Portola Road, Suite B, time, we concluded that the species 683–708), but is now included in the Ventura, CA 93003. Please submit any now best met the definition of borage family (Boraginaceae) (Kelley et new information, materials, comments, threatened rather than endangered al. 2012, pp. 450–511). While some or questions concerning this finding to (Service 2009, p. 11). individuals can achieve heights in the above street address. On December 21, 2011, we received a excess of 13 feet (ft) (4 meters (m)), most FOR FURTHER INFORMATION CONTACT: petition dated December 19, 2011, from are observed in the height range of 5 to Stephen P. Henry, Deputy Field the Pacific Legal Foundation, requesting 6 ft (1.5 to 2 m). Little specific scientific Supervisor, U.S. Fish and Wildlife the Service to delist the Inyo California information exists in the literature for E. Service, Ventura Fish and Wildlife towhee (Pipilo crissalis eremophilus), altissimum; as such, much of the Office, 2493 Portola Road, Suite B, and to reclassify from endangered to information in the species report Ventura, CA 93003; telephone 805–644– threatened Eriodictyon altissimum, includes inferences from other species 1766; facsimile 805–644–3958. If you Astragalus jaegerianus (Lane Mountain in the genus Eriodictyon. use a telecommunications device for the milk-vetch), Hesperocyparis abramsiana Like most species in the genus, deaf (TDD), call the Federal Information (=Cupressus abramsiana) (Santa Cruz Eriodictyon altissimum displays an Relay Service (FIRS) at 800–877–8339. cypress), arroyo toad (Anaxyrus open growth pattern and embodies SUPPLEMENTARY INFORMATION: californicus), and Modoc sucker those characteristics typical of a pioneer (early successional) species (e.g., shade- Previous Federal Actions (Catostomus microps). The petition was based on the analysis and intolerant, poor competitor). It is a We proposed to list Eriodictyon recommendations contained in the most rapid-growing, short-lived shrub altissimum as an endangered species recent 5-year reviews for these taxa. On commonly observed along roadsides or under the Act (16 U.S.C. 1531 et seq.) June 4, 2012 (77 FR 32922), we trails, or within open areas of chaparral on December 23, 1991 (56 FR 66400), published in the Federal Register a 90- (CNPS 1978, p. 1; Wells 1962, p. 186; based primarily on loss of habitat that day finding for the 2011 petition to Vanderwier 2006, 2009, pers. obs.). was anticipated to result from reclassify these six taxa. In our 90-day While pollination ecology has not been residential development, surface finding, we determined the 2011 specifically studied for E. altissimum, mining, and oil well drilling. A final petition provided substantial other Eriodictyon species are pollinated rule listing E. altissimum as endangered information indicating the petitioned by wasps, butterflies, and a variety of was published in the Federal Register actions may be warranted, and we bee taxa (Moldenke 1976, p. 356). on December 15, 1994 (59 FR 64613). In initiated status reviews for each species. Eriodictyon altissimum, like the September 1998, we finalized a recovery This 12-month finding also constitutes closely related E. capitatum, likely plan for E. altissimum, three other our 5-year status review for E. evolved in communities where fire is an federally endangered species (the Morro altissimum. The 12-month findings for integral ecological process; therefore, shoulderband snail (Helminthoglypta H. abramsiana and Inyo California fires are presumed to play an important walkeriana), Cirsium fontinale var. towhee published in the Federal role in the persistence and reproduction obispoense (Chorro Creek bog thistle), Register on September 3, 2013 (78 FR of populations (Service 2002, p. 67969). and Clarkia speciosa ssp. immaculata 54221), and November 4, 2013 (78 FR Similar to other species in the genus, E. (Pismo clarkia)), and one federally 65938), respectively; the other altissimum is thought to be a pioneer, or threatened species (Arctostaphylos petitioned species will be addressed early successional, species and similarly morroensis (Morro manzanita)) (Service separately and findings published in the adapted to periodic fire in its associated 1998). Federal Register in the future. community (Service 1998, p. 23). A We published a notice of review and variety of short-lived subshrubs request for public comments concerning Background (including Eriodictyon spp.) germinate the status of Eriodictyon altissimum A scientific analysis was completed the first year following a fire and form under section 4(c)(2) of the Act on and presented in detail in a species an important element of stand structure March 22, 2006 (71 FR 14538). A second report for Eriodictyon altissimum in the first few years of succession. Fire notice was published on April 3, 2006 (Service 2013, entire), which is available cues, such as heat and charred wood, (71 FR 16584) to clarify the contact at http://www.regulations.gov at Docket have been found to significantly

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increase the germination of Eriodictyon 424) set forth procedures for listing the existing regulatory mechanisms are species (Keeley 1987, p. 438; Service species, reclassifying species, or inadequate to protect the species from 2002, p. 67969). Absent fire to cue seed removing species from listed status. these threats (Factor D). germination, Eriodictyon species most ‘‘Species’’ is defined by the Act as any Loss of Habitat often reproduce, or spread, via species or subspecies of fish or wildlife rhizomes. or plants, and any distinct population At the time of listing, the primary Eriodictyon altissimum is a segment of any species of vertebrate fish threat to Eriodictyon altissimum was constituent of the maritime chaparral or wildlife which interbreeds when loss of habitat that was anticipated to community found along the central mature (16 U.S.C. 1532(16)). A species result from residential development, California coast where a Mediterranean may be determined to be an endangered surface mining, and oil well drilling climate (warm dry summers, cool wet or threatened species because of any one (Factor A) (59 FR 64613, December 15, winters) prevails. The species occurs in or a combination of the five factors 1994). This primary threat remained at two areas in western San Luis Obispo described in section 4(a)(1) of the Act: the time the recovery plan was County: (1) Near the community of Los (A) The present or threatened completed in 1998, with habitat loss Osos (inclusive of Montan˜ a de Oro State destruction, modification, or predicted from surface mining and oil Park), approximately 11 miles (mi) (17 curtailment of its habitat or range; (B) well drilling in the Indian Knob area kilometers (km)) west of the city of San overutilization for commercial, and residential development in the Los Luis Obispo (City); and (2) the Indian recreational, scientific, or educational Osos area. Since the completion of the Knob area, approximately 5 mi (8 km) purposes; (C) disease or predation; (D) recovery plan, the threats from loss of south-southeast of the City. The Los the inadequacy of existing regulatory habitat have been reduced. As discussed Osos area supports three extant mechanisms; or (E) other natural or in the species report, the 2009 5-year occurrences (Ridge Trail, Hazard South, manmade factors affecting its continued review, and the Recovery and Recovery and Water Tank). It also supports existence. Plan Implementation section below, habitat for two occurrences which, due Determining whether the status of a four of five extant occurrences are now to surveys conducted since the species has improved to the point that protected in perpetuity. Furthermore, publication of the 2009 5-year review, it can be downlisted or delisted requires habitat occupied by E. altissimum in we now consider to be extirpated consideration of whether the species is Los Osos that was once at risk from (Broderson and Morro Dunes) (Service endangered or threatened because of the proposed residential development as 2013, p. 5; Table 1). The Indian Knob same five categories of threats specified part of the Morro Palisades development area supports two occurrences (Indian in section 4(a)(1) of the Act. For species project is now conserved as part of the Knob and Baron Canyon) (Service 2013, that are already listed as endangered or Morro Dunes Ecological Reserve, which p. 4). threatened, this analysis of threats is an is owned and managed by the California An accurate metric regarding the evaluation of both the threats currently Department of Fish and Wildlife. abundance, or number of plants, of facing the species and the threats that Currently, the only occurrence at Eriodictyon altissimum at any given are reasonably likely to affect the potential risk from development occurrence is difficult to determine species in the foreseeable future activities is the Baron Canyon because this species, as with others in following the delisting or downlisting occurrence. Therefore, we no longer the genus Eriodictyon, commonly and the removal or reduction of the consider habitat loss from residential produces aboveground stems asexually Act’s protections. development, surface mining, and oil from rhizomes (Wells 1962, p. 184; A species is an ‘‘endangered species’’ well drilling activities to pose a Howard 2012, p. 4; Service 1998, p. 21). for purposes of the Act if it is in danger substantial threat to the continued Some aboveground stems that arise from of extinction throughout all or a existence of E. altissimum. See rhizomes are often counted as significant portion of its range and is a additional discussion in the ‘‘Threats at genetically distinct individuals; ‘‘threatened species’’ if it is likely to the Time of Listing’’ section of the however, they may actually represent a become an endangered species within species report (Service 2013, pp. 9–11). the foreseeable future throughout all or genetically identical expression (clone) Competition With Nonnative Species of the source plant, as is the case in the a significant portion of its range. The closely related E. capitatum (Lompoc word ‘‘range’’ in the ‘‘significant portion The invasion of nonnative species yerba santa) (Elam 1994, pp. 146–194), of its range’’ phrase refers to the range into the habitat of Eriodictyon a species found in habitat similar to in which the species currently exists. altissimum can affect both the species where E. altissimum grows. For the purposes of this analysis, we and its habitat. Habitat degradation Eriodictyon altissimum may also first evaluate the status of the species resulting from the spread of invasive, exhibit self-incompatibility (a general throughout all its range, then consider nonnative plant species was not term for genetic mechanisms which whether the species is in danger of identified as a specific threat to E. prevent self-fertilization) similar to E. extinction or likely to become so in any altissimum in the 1994 listing rule. At capitatum. Low seed production in E. significant portion of its range. In the the time the recovery plan was prepared capitatum has been attributed to the case of Eriodictyon altissimum, the in 1998, we had not yet identified combined effects of self-incompatibility latter step is unnecessary, since it is invasive plant species as a threat and single-clone populations (Elam designated as endangered throughout all requiring management; however, the 1994, pp. 146–194). That is, single clone of its range. recovery plan did provide information (one genotype) populations produce low The following sections provide a on encroachment of several nonnative numbers of fertile seeds relative to summary of the threats impacting species into the coastal dune scrub and multiclonal (several genotype) Eriodictyon altissimum. These threats maritime chaparral communities that populations. include: loss of habitat (Factor A), support E. altissimum. The recovery competition with nonnative species plan identified Eucalyptus globulus Summary of Biological Status and (Factors A and E), lack of fire (Factors (blue gum), E. camaldulensis (red gum), Threats A and E), small population size and Carpobrotus edulis (fig-marigold), Section 4 of the Act (16 U.S.C. 1533) limited distribution (Factor E), and Conocosia pugioniformis (narrowleaf and implementing regulations (50 CFR climate change (Factor A). Additionally, iceplant), Ehrharta calycina (veldt

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grass), and other nonnative grasses (e.g., significantly impacting the extant Table 1). All occur within just 13 mi Bromus spp. (brome), Lolium spp. occurrences of Eriodictyon altissimum; (20.9 km) of each other. Therefore, E. (ryegrass), Avena spp. (oats)) as affecting he also states that the encroachment of altissimum may be at risk from threats the Los Osos area. The 2009 5-year Ehrharta calycina would continue or related to small population size and review for Eriodictyon altissimum noted expand in the case of a major fire. Other limited distribution. that habitat surrounding the Broderson local conservation organizations are In the absence of information occurrence had historically been documenting the spread of Ehrharta identifying threats to the species and affected by competition from invasive, calycina into the Los Osos and Indian linking those threats to the rarity of the nonnative plants, particularly Ehrharta Knob areas, and express concern over species, we do not consider rarity or calycina, but did not state that the way this invasive species is small populations alone to be a threat. nonnative plants posed a significant converting chaparral habitat to However, E. altissimum possesses life- threat to Eriodictyon altissimum. grasslands and the potential it has history characteristics that make it Since the time of the 2009 5-year outcompete endemic species (SWAP vulnerable to threats due to small review, we have received additional 2001, pp. 1–2; MBNEP 2010, p. 2). population size (i.e., its clonal nature information documenting impacts of There is no long-term strategy being and suspected self-incompatibility) (see nonnative plants on Eriodictyon implemented to control or manage Background section above). Plants altissimum and its habitat. The primary Ehrharta calycina (Chestnut 2012a, present in a population that consists of invasive, nonnative species of concern pers. comm.), though Montan˜ a de Oro a single clone probably only receive is Ehrharta calycina, a perennial, State Park, which contains two compatible pollen through long-distance nonnative species that spreads rapidly occurrences of Eriodictyon altissimum, gene flow, whereas plants in from a persistent seedbank as well as is monitoring the spread of this invasive multiclonal populations are more likely vegetatively. Ehrharta calycina species, and has conducted some to receive some compatible pollen from substantially changes the plant limited removal efforts in the past nearby genotypes in the population community composition in invaded (CDPR 2013, no page number). (Elam 1994, pp. 146–194). If E. habitats, altering fire potential by Because this nonnative, invasive grass altissimum is also self-incompatible, the buildup of dense thatch during the occurs at all five occurrences in the Los distance between occurrences could summer months, and increasing the rate Osos area that currently or historically make it difficult for cross-pollination to of organic matter accumulation (TNC have supported Eriodictyon altissimum, occur, resulting in limited seed set that 2005, p. 6; CalIPC 2012). The density of and because there is no management could have a negative effect on the veldt grass in habitat in the Los Osos plan in place, we consider Ehrharta establishment of a viable seed bank and area has increased greatly in past calycina to pose a significant threat to species recovery after fires. Loss of decades (SWAP 2000). It is extremely the continued existence of Eriodictyon genetic diversity due to small difficult to eradicate once it has become altissimum. See additional discussion in population sizes can result in reduced established (Bossard et al. 2000 pp. the ‘‘Competition from Nonnative Plant fitness of individuals and may reduce 164–170). Based on reports from local Species’’ section of the species report the adaptive capability of a species to biologists, Ehrharta calycina is having a (Service 2013, pp. 11–14). respond to changing environmental negative effect on habitat that supports conditions (Gilpin and Soule´ 1986, pp. Small Population Size and Limited Eriodictyon altissimum in the Los Osos 32–33; Lesica and Allendorf 1995, p. Distribution area (CalIPC 2000, SWAP 2001; MBNEP 756). 2010; Chestnut 2012b, pers. comm.), Eriodictyon altissimum is known from Therefore, based on the limited which is the portion of the species range a very limited area, with only five extant distribution of the species, and its likely that supports three of the five extant occurrences in two geographic areas limited genetic diversity, we consider occurrences. Ehrharta calycina is also approximately 13 mi (20.9 km) apart. At threats related to small population size prevalent in coastal dune scrub that the time of listing, effects related to and limited distribution to impact transitions into maritime chaparral at small population size were not Eriodictyon altissimum. See additional the site of the extirpated Broderson discussed, though the 2009 5-year discussion in the ‘‘Small Population occurrence, and it is encroaching into review did recognize that species that Size and Limited Distribution’’ section and modifying the maritime chaparral have very few locations or are from of the species report (Service 2013, pp. near the location of the extirpated Morro small and highly variable populations 13–14). are considered to be vulnerable to Dunes occurrence (Vanderwier 2012, Altered Fire Regime pers. obs.). stochastic extinction (Shaffer 1981, pp. Ehrharta calycina responds 131–134; Primack 1998, pp. 279–308). Understanding fire frequency is aggressively after fires or other Species with few populations or few essential to understanding the habitat disturbance activities (such as individuals are vulnerable to the threat and life-history requirements for mechanical clearing) (CalIPC 2011, p. 4; of naturally occurring random events, as Eriodictyon altissimum. At the time of Chestnut 2012a, pers. comm.); thus, these events can cause extinction listing and in the recovery plan, we seedlings of Eriodictyon altissimum through mechanisms operating at either assumed that fire was necessary for the would likely be in direct competition the genetic, population, or landscape persistence of E. altissimum and its with, and could be overwhelmed by, level (Shaffer 1981, pp. 131–134; habitat (59 FR 64613, December 15, Ehrharta calycina. This competition Primack 1998, pp. 279–308). When such 1994; Service 1998, p. 23). At historical could result in poor seedling survival species occur within a limited fire frequencies, chaparral species are and low recruitment rates of Eriodictyon geographic distribution, they also face a generally resilient to fire because they altissimum. At least one local botanist greater likelihood that all of the are well known to regenerate from either (Chestnut 2012a, 2012b, pers. comm.) populations or individuals within the resprouting of perennial root crowns or considers that, based on its populations will be affected by the same germination of seeds in the soil when encroachment into the chaparral habitat event (Factor E). Five occurrences of E. heated or exposed to smoke (obligate that supports Eriodictyon altissimum, altissimum are currently considered seeders and sprouters) (Lambert et al. the presence of Ehrharta calycina in and extant, and three of these consist of 2010, p. 31). However, alterations to the around the Los Osos area is at this time fewer than 50 individuals (Service 2013, historical fire frequency through either

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increasing or decreasing the time or between 50–85 years for fires about fire escaping control and between events can affect a species’ recorded in coastal southern California damaging structures (Vanderwier 2013, viability and persistence by killing and northern Baja California Mexico pers. obs.). Therefore, based on high fuel individual plants or altering the (Moritz et al. 2004, p. 68). loads within chaparral habitat, characteristics of the habitat that According to historical fire records, proximity of residential communities, supports them (Zedler et al. 1983, pp. no natural or prescribed fires have and possible impacts to federally listed 815–816; Tyler 1996, pp. 2182–2183; occurred in the vicinity of the Indian species, attempts to restore the natural Van Dyke et al. 2001, p. 2; Lambert et Knob and Baron Canyon occurrences of fire regime in E. altissimum habitat are al. 2010, p. 31), including E. altissimum. Eriodictyon altissimum in the past 50 not likely. We do not possess specific years (California Division of Forestry Little is known about the specific information on the role fire plays in the and Fire Protection 2012); therefore, the effects of fire on the life history of persistence of Eriodictyon altissimum or fire return interval for this area is Eriodictyon altissimum. However, based the post-fire behavior for this species. unknown. It is possible that since the on the best available scientific and However, inference from other species discovery of E. altissimum in 1961, we commercial information, including in the genus and other co-occurring are still within a single fire frequency characteristics of species with similar species indicate that fire is likely a return interval in this area. Because of habitat and life-history characteristics, necessary habitat component. Absence the lack of recent fire and the E. altissimum is likely dependent on fire of fire to cue seed bank germination and subsequent buildup of fuels, these for reproduction and persistence. The maintain a mosaic pattern of vegetation occurrences could be very susceptible to lack of recent fire and constraints on with open areas that favor E. altissimum intense wildfire (USDA 1984, pp. 46, prescribed burns, therefore, pose a may contribute to its limited 54). significant threat to the continued distribution and reduced numbers. Multiple prescribed and natural burns existence of the species. We also note Keeley (1992, p. 441) also noted the have historically occurred in the Los that the level of impact this threat is importance of variable fire regimes to Osos area; however, few were in close having on E. altissimum could increase maintain equilibrium in species proximity to Eriodictyon altissimum over time if prescribed burning and composition. Seed viability in a seed occurrences. The northern perimeter of other fire management measures bank after a fire is also an important a prescribed fire conducted in 2003 continue to be limited. See additional factor (Lambert et al. 2010, p. 31). For came within an estimated 0.2 mi (0.08 discussion in the ‘‘Lack of Fire’’ section example, in the co-occurring km) of the Water Tank occurrence of the species report (Service 2013, pp. Arctostaphylos morroensis, post-fire (Veneris 2012, pers. comm.). In recent 14–17). densities can be relatively high (e.g., years, California State Parks has Climate Change 45,000 seeds per square meter), but seed considered conducting prescribed burns viability is generally very low (1–5 in Montan˜ a de Oro State Park in the The term ‘‘climate change’’ refers to a percent) (Odion and Tyler 2002). vicinity of the Ridge Trail and Hazard change in the mean or variability of one Determining fire frequency is an South occurrences; however, broadcast or more measures of climate (e.g., important means of assessing ecosystem burning is not considered feasible near temperature or precipitation) that tolerances to fire return intervals. these occurrences due to the adjacent persists for an extended period, usually Alterations to the historic fire residential communities, heavy fuel decades or longer, whether the change frequency, either increasing or loads, and potential impacts to the is due to natural variability, human decreasing the time between events, can federally threatened Arctostaphylos activity, or both (IPCC 2007, p. 78). affect a species’ viability and morroensis (Morro manzanita) (Walgren Various types of changes in climate can persistence. Too long of a fire return 2012, pers. obs.). This manzanita have direct or indirect effects on interval could lead to the development species has not recovered well from a species, including Eriodictyon of climax, closed canopy chaparral prescribed burn in Montan˜ a de Oro altissimum. Specific effects of climate stands that would eventually have an State Park in 1998 (Odion and Tyler change on E. altissimum and its habitat adverse effect on populations of 2002). depend on the magnitude of future Eriodictyon altissimum by precluding According to Chestnut (2012a, pers. changes. Analysis through Climate expansion into otherwise suitable comm.), the plants in the Indian Knob Wizard (2012) projects an increase in habitat and development of even-aged, area (most likely the Baron Canyon temperature and a decrease in rainfall; senescent stands (stands in which the occurrence) have been affected by the however, these changes are expected to individuals are so old that their construction of Baron Canyon Ranch, an be moderated somewhat by the species’ reproductive potential has been estate home development. He states that proximity to the coastline. reduced) (Ne’eman et al. 1999, pp. 235– landscaping, fire suppression treatments We recognize that climate change is 242). Fire events that are too frequent and similar development-driven ongoing and will likely affect a wide could kill individuals before they have activities are continuing to occur in this range of plant and animal species, as had an opportunity to flower, set seed, portion of the population with minimal well as their habitats. However, we lack and contribute to a seedbank. However, oversight, based on his direct adequate information to make specific such calculations can be challenging as observations from the conserved lands projections regarding the effects of until the 20th century, records were not at Guidetti Ranch adjacent to the Baron climate change on Eriodictyon systematically kept (Keeley et al. 2012, Ranch. The area around Indian Knob is altissimum at this time. See additional p. 41). It is believed that the fire cycle largely undeveloped, although discussion in the ‘‘Climate Change’’ was historically relatively long and residential areas near Baron Canyon and section of the species report (Service likely was limited more by the number other areas to the west could cause 2013, pp. 17–18). of ignition events than by fuels (Keeley additional limitations for conducting et al. 2012, p. 119). Estimates of historic prescribed burns in the future. The local Existing Regulatory Mechanisms fire return intervals for the Monterey community has previously expressed Eriodictyon altissimum receives Bay area range from as short as 10 years strong resistance to the idea of protection from multiple Federal, State, to as long as 100 years or more controlled burns in proximity to their and local laws, particularly the Act, the (Greenlee and Langenheim 1990, p. 124) properties, mostly due to concerns California Endangered Species Act, and

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the California Coastal Act. Due to the typical chaparral species (e.g., are not regulatory documents and status of E. altissimum as a State listed Arctostaphylos morroensis) are mature cannot substitute for the determinations species and existing habitat enough to produce seed (Odion and and promulgation of regulations conservation, we expect that E. Tyler 2002, no page numbers). If an required under section 4(a)(1) of the altissimum will continue to receive assertive, nonnative plant species Act. A decision to revise the status of or protections even absent those of the Act. control program is not instituted remove a species from the Federal List However, none of the existing immediately after a fire that occurs of Endangered and Threatened Plants regulations address the threat of within the range of Eriodictyon (50 CFR 17.12) is ultimately based on an nonnative, invasive grasses, nor do they altissimum, it is possible the spread of analysis of the best scientific and address the need for restoration of a Ehrharta calycina could swamp commercial data then available to natural fire regime to support E. emerging Eriodictyon altissimum determine whether a species is no altissimum and its habitat. seedlings and other native chaparral longer an endangered species or a Federal, State, and local regulations species, resulting in the depletion of the threatened species, regardless of provide important protections for seed bank and possible subsequent whether that information differs from Eriodictyon altissimum, particularly extirpation of occurrences, as well as the recovery plan. through habitat conservation. However, alteration of the chaparral habitat that In 1998, we finalized a recovery plan other impacts to the species, such as supports Eriodictyon altissimum. that included Eriodictyon altissimum competition with nonnative plants, Therefore, based on the best available (Service 1998), as well as other listed small population size, and limited scientific and commercial information, species. At that time, we only distribution can not necessarily be we find that the cumulative and considered criteria for downlisting to reduced or eliminated through the use combined effects of altered fire regimes threatened status, as so little was known of existing regulatory mechanisms. See and invasive, nonnative plants pose a about the species’ genetics, biology, additional discussion in the ‘‘Regulatory threat to Eriodictyon altissimum and its demography, or response to fire (Service Mechanisms’’ section of the species habitat. This is compounded further by 1998, p. 41). The plan stated that report (Service 2013, pp. 20–23). the small population sizes and limited delisting criteria would be discussed at a future date, depending on the success Combined Factors distribution of Eriodictyon altissimum, making the species particularly of recovery efforts and of gathering The threats to the long-term vulnerable to stochastic events arising additional management and life-history persistence of Eriodictyon altissimum from the effects of altered fire regimes information (Service 1998, p. iii). are compounded by their interactions and invasive plant species. According to the recovery plan, E. with each other, particularly the altissimum can be considered for interactions between the invasive, Recovery and Recovery Plan downlisting when all three of the nonnative grass Ehrharta calycina and Implementation following criteria have been achieved: altered fire regimes. In addition to Section 4(f) of the Act directs us to (1) At least five occurrences from competing with and displacing native develop and implement recovery plans throughout its range are on lands secure vegetation, nonnative grass species can for the conservation and survival of from human-induced threats; (2) increase both the volume of readily endangered and threatened species surrounding habitat is protected in ignitable fuel and the seasonal duration unless we determine that such a plan amounts adequate to permit when fuels are susceptible to ignition will not promote the conservation of the management of the vegetation (Lambert et al. 2010, p. 31) in maritime species. Under section 4(f)(1)(B)(ii), community using prescribed fire, if it is chaparral where Eriodictyon altissimum recovery plans must, to the maximum deemed beneficial to the species; and (3) is found. The presence of Ehrharta extent practicable, include: ‘‘Objective, populations are projected to be self- calycina could change the frequency of measurable criteria which, when met, sustaining and either stable or fire due to increased biomass of fuels, would result in a determination, in increasing as determined by long-term changes in the distribution of flammable accordance with the provisions of monitoring and research results. These fuels biomass, and increased fuels [section 4 of the Act], that the species criteria are discussed in detail in the flammability (Lambert et al. 2010, p. be removed from the list.’’ However, species report and summarized below. 29), thus causing more intense and revisions to the list (adding, removing, Downlisting Criterion 1: At least five damaging fires. Furthermore, Ehrharta or reclassifying a species) must reflect occurrences from throughout the calycina quickly germinates and re- determinations made in accordance species’ range are on land secure from establishes after fires and other with sections 4(a)(1) and 4(b) of the Act. human-induced threats. disturbances (CalIPC 2011, p. 4). As Section 4(a)(1) requires that the In the 2009 5-year review, we only such, it could out-compete seedlings of Secretary determine whether a species recognized six occurrences of Eriodictyon altissimum that would is endangered or threatened (or not) Eriodictyon altissimum, all of which emerge after a fire, particularly in the because of one or more of five threat were considered extant. Five of those Los Osos area, where Ehrharta calycina factors. Section 4(b) of the Act requires occurrences were on lands that were is prevalent. that the determination be made ‘‘solely conserved and managed, but the status As invasive, nonnative species on the basis of the best scientific and of the sixth occurrence (Broderson) was increase fire severity, the increased fires commercial data available.’’ Therefore, uncertain. Though there were five may promote the establishment and recovery criteria should indicate when a occurrences conserved, due to concern dominance of those species while species is no longer an endangered over the uncertain status of the sixth making restoration to the original species or threatened species because of occurrence, we judged that Criterion 1 habitat conditions more difficult (CalIPC any of the five statutory factors. had only been partially met (Service 2011, p. 4) as a result of changes in soil Still, while recovery plans provide 2009, pp. 5–6). chemistry. The preponderance of seeds important guidance to the Service, Since that time, multiple surveys produced by the invasive, nonnative States, and other partners on methods of were conducted in areas historically species can result in the site becoming minimizing threats to listed species and known to support Eriodictyon quickly colonized by those species; in measurable objectives against which to altissimum. We now recognize seven contrast, it may take 1 to 3 years before measure progress towards recovery, they occurrences of E. altissimum; however,

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due to increased survey data, we now of existing residential development. The occurrences. However, despite searches consider two occurrences known at the Ridge Trail occurrence is the farthest conducted by local botanists and agency time of listing to be extirpated (Service from development at approximately 0.8 personnel familiar with the locations 2013, p. 4). Of the 5 extant occurrences, mi (1.3 km) south of residences. Habitat (McLeod 1986; Walgren 2009, pers. obs.; only four occurrences of E. altissimum to the south of the Ridge Trail and Vanderwier 2006, 2009, pers. obs.; are on land secured from development. Hazard South occurrences is protected County of San Luis Obispo 2010, p. 28; The fifth extant occurrence of E. within Montan˜ a de Oro State Park. Vanderwier 2012, pers. obs.), E. altissimum (Baron Canyon) is on private California State Parks has conducted altissimum was not detected at these land in the Indian Knob area and is not prescribed burns within this 8,000-ac two locations. Since it has not been currently protected from development. (3,200-ha) park but away from E. detected at the Broderson occurrence Development appears to have continued altissimum and its habitat; however, the since 1979 or at the Morro Dunes in the vicinity of this occurrence, and locations of those burns are not adjacent occurrence since 1985, we now consider there also appears to be clearing of to residential areas. It is unlikely that those two occurrences to be extirpated. habitat nearby (Vanderwier 2012, pers. prescribed fire could be used at any of Furthermore, the number of individuals obs.). the Los Osos occurrences because of reported for each of the extant Los Osos Since the time of listing, important their proximity to residential areas and occurrences (Ridge Trail, Hazard South, progress has been made in meeting heavy fuel loads. The Water Tank and Water Tank) has not increased since Recovery Criterion 1. However, now occurrence is the closest to their detection in the area in 1972 that two occurrences of Eriodictyon development, being within 150 ft (46 m) (Service 2013, Table 1). Additionally, altissimum are considered extirpated, of a water tank and approximately 300 anecdotal information indicates that the there are only four extant occurrences of ft (107 m) from residences. This Indian Knob occurrence did not E. altissimum on conserved lands, one occurrence is bounded immediately to increase noticeably between the 1990s fewer than at the time of the 2009 5-year the north and east by the residential and 2006 (Vanderwier 2006. pers. obs.). review. Therefore, we do not consider development, to the west and south by As we do not possess data from long- this downlisting criterion to have been protected habitat within the Bayview term monitoring or research, it is not achieved. Unit of the Morro Dunes Ecological possible for us to know if the currently Downlisting Criterion 2: Surrounding Reserve and the County’s Broderson extant occurrences are self-sustaining, habitat is protected in amounts adequate parcel for a distance of at least 1 mi stable, or increasing. We do conclude, to permit management of the vegetation (1.62 km), and to the south by at least however, that two of the occurrences community using prescribed fire, if it is 7 mi (11.3 km) of chaparral and other (Broderson and Morro Dunes) deemed beneficial to the species. habitat protected within Montan˜ a de considered extant at the time of listing In the 2009 5-year review, we Oro State Park. The Indian Knob and are likely now extirpated. Therefore, we considered this criterion to be no longer Baron Canyon occurrences are also conclude that this downlisting criterion adequate and appropriate to the within close proximity to large has not been achieved, a conclusion that recovery of the species because: (1) The residential estates. we also reached in the 2009 5-year proximity of several occurrences to While the Ridge Trail and Indian review (Service 2009, p. 7). urban areas makes it unlikely that Knob occurrences are within a Overall, these and other data that we jurisdictions would implement landscape that is likely large enough in have analyzed indicate that though prescribed burns in these areas; and (2) size to allow for the use of prescribed some progress has been made toward other methods (e.g., mechanical clearing burns for Eriodictyon altissimum, the meeting the first downlisting criteria of chaparral) may be available for public is concerned about the threat of (habitat protection), the other two managing the vegetation in a fashion fire, whether it is from natural causes or downlisting criteria (surrounding that would allow maintenance of open prescribed as a management tool habitat is protected in amounts adequate areas needed for the continued survival (Vanderwier 2013, pers. obs.). We will to permit management of the vegetation of Eriodictyon altissimum (Service 2009, continue to investigate the potential for community using prescribed fire, and pp. 6–7). fire to be used in habitat that supports populations are projected to be self- Since the publication of the 5-year E. altissimum, and also consider other sustaining and either stable or review, we have received substantial management options to meet the increasing as determined by long-term new information from the public and challenges posed by the use of monitoring and research results) have concerned scientists about the habitat controlled burns. Therefore, for these not been met. that supports E. altissimum. Based on occurrences, we consider that Additional information on recovery that information and on a thorough prescribed burns could be used as a and recovery plan implementation are reevaluation of the best available management tool for habitat that described in the ‘‘Recovery Progress’’ scientific information, we have supports E. altissimum; however, section of the species report (Service reconsidered the importance of fire to because it has not been used at any of 2013, pp. 39–43). Eriodictyon altissimum and the the occurrences, we do not consider this Finding chaparral habitat that supports it, and downlisting criterion to have been believe that fire rather than mechanical achieved. An assessment of the need for a clearing is necessary to maintain proper Downlisting Criteron 3: Populations species’ protection under the Act is habitat conditions and increase are projected to be self-sustaining and based on whether a species is in danger germination rates of E. altissimum either stable or increasing as determined of extinction or likely to become so (Service 2013, pp. 2–3, 16–17). by long-term monitoring and research because of any of five factors: (A) The Therefore, we now do consider this results. present or threatened destruction, recovery criterion to be appropriate. At the time of the 2009 5-year review modification, or curtailment of its We do, however, still have concerns was being drafted, efforts were habitat or range; (B) overutilization for about the feasibility of conducting increased to survey for occurrences of commercial, recreational, scientific, or controlled burns within E. altissimum Eriodictyon altissimum; these were the educational purposes; (C) disease or habitat. All of the occurrences of E. first surveys in over 20 years at the predation; (D) the inadequacy of altissimum occur within 1 mi (1.6 km) Broderson and Morro Dunes existing regulatory mechanisms; or (E)

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other natural or manmade factors reclassification of E. altissimum from altissimum. Therefore, we find that the affecting its continued existence. As endangered to threatened. However, combination of fire and invasive, required by section 4(a)(1) of the Act, since that time, we have received nonnative grasses exacerbate the overall we conducted a review of the status of substantial new information about degree of impacts that threaten the this plant and assessed the five factors threats impacting E. altissimum. continued survival and recovery of E. to evaluate whether Eriodictyon Additionally, surveys of E. altissimum altissimum. altissimum is endangered or threatened since 2009 indicate two occurrences Eriodictyon altissimum is also throughout all of its range. We considered extant in 2009 are likely threatened by small population size, examined the best scientific and extirpated, reducing the number of particularly given the clonal nature and commercial information available extant occurrences to five. suspected self-incompatibility of the regarding the past, present, and future New information received since the species (Factor E). The remaining three threats faced by the species. We 2009 5-year review indicates threats to occurrences in the Los Osos area reviewed information presented in the Eriodictyon altissimum from invasive, currently consist of fewer than 50 2011 petition, information available in nonnative species (Service 2013, pp. individuals and the entire range of the our files and gathered through our 90- 11–13). Observations by local botanists species is estimated to be 90 mi2 (233 day finding in response to this petition, and other knowledgeable persons km2) or less; thus, the combined effect and other available published and indicate that the habitat surrounding the of small population size and a limited unpublished information. We also Los Osos area occurrences is being distribution makes E. altissimum consulted with species experts and land negatively affected by competition from vulnerable to stochastic events that management staff with California invasive, nonnative plant species, in could result in the extirpation of these Department of Fish and Wildlife particular Ehrharta calycina (Factor A). occurrences (Factor E). Additionally, (CDFW), California Department of Parks Ehrharta calycina in the Los Osos area though existing regulatory mechanisms and Recreation (CDPR), the County of has the ability to spread rapidly if a fire are providing important protections to San Luis Obispo, the City of San Luis occurs, thus potentially outcompeting E. altissimum and its habitat, there are Obispo, and local biologists who are Eriodictyon altissimum in post-fire not any mechanisms in place that can actively managing Eriodictyon conditions (Factor E). Because invasive, address the threat of altered fire regime altissimum. nonnative species (particularly Ehrharta and invasive, nonnative grasses (Factor In considering what factors might calycina) currently affect three of five D). Climate change (Factors A and E) constitute threats, we must look beyond extant occurrences, and due to the lack may also impact the species; however, the mere exposure of the species to the of management to counter the spread of we lack specific data to project how factor to determine whether the Ehrharta calycina and other invasive, climate change will affect E. altissimum exposure causes actual impacts to the nonnative grasses, we find this threat and its coastal chaparral habitat. We did species. If there is exposure to a factor, impacts Eriodictyon altissimum and that not find any evidence that threats but no response, or only a positive it is contributing to the overall impacts attributable to Factor B (overutilization response, that factor is not a threat. If that place this species in danger of for commercial, recreational, scientific, there is exposure and the species extinction throughout all of its range. or educational purposes) or Factor C responds negatively, the factor may be Altered fire regime (Factors A and E) (disease or predation) are currently a threat and we then attempt to is also affecting the continued existence impacting the species. determine how significant the threat is. of Eriodictyon altissimum. Fire has In conclusion, we have carefully If the threat is significant, it may drive, largely been absent in E. altissimum assessed the best scientific and or contribute to, the risk of extinction of habitat across its range in recent years, commercial information available the species such that the species resulting in a buildup of fuel in an regarding the past, present, and future warrants listing as endangered or already highly fire-susceptible habitat. threats faced by this species. After threatened as those terms are defined by Furthermore, restrictions on controlled review of the information pertaining to the Act. This does not necessarily burning within habitat that supports E. the five statutory factors, we find that require empirical proof of a threat. The altissimum are likely to continue due to ongoing threats are of sufficient combination of exposure and some the presence of other listed species and imminence, intensity, and magnitude to corroborating evidence of how the residential development within E. indicate that Eriodictyon altissimum is species is likely impacted could suffice. altissimum habitat. Both E. altissimum presently in danger of extinction The mere identification of factors that and its habitat require periodic fire, throughout all of its range. Therefore, could impact a species negatively is not though the specific fire return interval is we find that E. altissimum continues to sufficient to compel a finding that uncertain for E. altissimum. Therefore, meet the definition of an endangered listing is appropriate; we require we find that the altered fire regime is species (i.e., is likely to become in evidence that these factors are operative negatively affecting E. altissimum and is danger of extinction throughout all or a threats that act on the species to the contributing to the overall impacts that portion of its range). point that the species meets the place this species in danger of National Environmental Policy Act definition of endangered or threatened extinction throughout all of its range. under the Act. Altered fire regimes and invasive, We determined we do not need to Due to increased conservation and nonnative species work in synergy to prepare an environmental assessment or management, the primary threat increase threats to Eriodictyon an environmental impact statement, as impacting Eriodictyon altissimum at the altissimum (Factors A and E). The defined under the authority of the time of listing has been largely reduced proliferation of nonnative grasses in National Environmental Policy Act of and is no longer posing a substantial chaparral habitat increases the 1969 (42 U.S.C. 4321 et seq.), in threat to the species and its habitat. The likelihood of high intensity wildfire, connection with regulations adopted 2009 5-year review recognized the threat while increases in high intensity pursuant to section 4(a) of the Act. We from loss of habitat that was anticipated wildfires increase the ability of published a notice outlining our reasons to result from residential development, nonnative grasses to invade recently for this determination in the Federal surface mining, and oil well drilling has burned areas and outcompete native Register on October 25, 1983 (48 FR largely receded; thus, we recommended chaparral species, such as E. 49244).

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References Cited would go into effect on April 2, 2014, publicly viewable until we post it, A complete list of references cited in and expire on August 31, 2014. which might not occur until several this finding is available on the Internet DATES: We will accept comments days after submission. at http://www.regulations.gov under received or postmarked on or before If you mail or hand-carry a hardcopy Docket No. FWS–R8–ES–2013–0116 or February 10, 2014. We must receive comment directly to us that includes upon request from the Deputy Field requests for public hearings, in writing, personal information, you may request Supervisor, Ventura Fish and Wildlife at the address shown in FOR FURTHER at the top of your document that we withhold this information from public Office (see FOR FURTHER INFORMATION INFORMATION CONTACT by January 27, review. However, we cannot guarantee CONTACT). 2014. that we will be able to do so. To ensure ADDRESSES: You may submit comments Authors that the electronic docket for this by one of the following methods: The primary authors of this finding • Federal eRulemaking Portal: http:// rulemaking is complete and all are the staff members of the Pacific www.regulations.gov. Follow the comments we receive are publicly Southwest Regional Office and the instructions for submitting comments to available, we will post all hardcopy Ventura Fish and Wildlife Office (see Docket No. FWS–R7–MB–2013–0109. comments on http:// FOR FURTHER INFORMATION CONTACT). • U.S. mail or hand-delivery: Public www.regulations.gov. In addition, comments and materials Authority Comments Processing, Attn: FWS–R7– MB–2013–0109; Division of Policy and we receive, as well as supporting The authority for this section is Directives Management; U.S. Fish and documentation used in preparing this section 4 of the Endangered Species Act Wildlife Service; 4401 N. Fairfax Drive, proposed rule, will be available for of 1973, as amended (16 U.S.C. 1531 et MS 2042–PDM; Arlington, VA 22203. public inspection in two ways: seq.). We will not accept email or faxes. We (1) You can view them on http:// will post all comments on http:// www.regulations.gov. Search for FWS– Dated: November 27, 2013. R7–MB–2013–0109, which is the docket Rowan W. Gould, www.regulations.gov. This generally means that we will post any personal number for this rulemaking. Acting Director, U.S. Fish and Wildlife (2) You can make an appointment, information you provide us (see the Service. during normal business hours, to view Public Comment Procedures section [FR Doc. 2013–29410 Filed 12–10–13; 8:45 am] the comments and materials in person at below for more information). BILLING CODE 4310–55–P the Division of Migratory Bird FOR FURTHER INFORMATION CONTACT: Management, U.S. Fish and Wildlife Donna Dewhurst, U.S. Fish and Wildlife Service; 4501 N. Fairfax Drive, Room DEPARTMENT OF THE INTERIOR Service, 1011 E. Tudor Road, Mail Stop 4107, Arlington, VA 22203–1610. 201, Anchorage, AK 99503; (907) 786– Fish and Wildlife Service 3499. Public Availability of Comments SUPPLEMENTARY INFORMATION: As stated above in more detail, before 50 CFR Part 92 Public Comment Procedures including your address, phone number, [Docket No. FWS–R7–MB–2013–0109; email address, or other personal FF09M21200–123–FXMB1231099BPP0L2] To ensure that any action resulting identifying information in your from this proposed rule will be as comment, you should be aware that RIN 1018–BA02 accurate and as effective as possible, we your entire comment—including your request that you send relevant Migratory Bird Subsistence Harvest in personal identifying information—may information for our consideration. The Alaska; Harvest Regulations for be made publicly available at any time. comments that will be most useful and Migratory Birds in Alaska During the While you can ask us in your comment likely to influence our decisions are 2014 Season to withhold your personal identifying those that you support by quantitative information from public review, we AGENCY: Fish and Wildlife Service, information or studies and those that cannot guarantee that we will be able to Interior. include citations to, and analyses of, the do so. ACTION: Proposed rule. applicable laws and regulations. Please make your comments as specific as Why is this rulemaking necessary? SUMMARY: The U.S. Fish and Wildlife possible and explain the basis for them. This rulemaking is necessary because, Service (Service or we) proposes In addition, please include sufficient by law, the migratory bird harvest migratory bird subsistence harvest information with your comments to season is closed unless opened by the regulations in Alaska for the 2014 allow us to authenticate any scientific or Secretary of the Interior, and the season. These regulations would enable commercial data you include. regulations governing subsistence the continuation of customary and You must submit your comments and harvest of migratory birds in Alaska are traditional subsistence uses of migratory materials concerning this proposed rule subject to public review and annual birds in Alaska and prescribe regional by one of the methods listed above in approval. This rule proposes regulations information on when and where the the ADDRESSES section. We will not for the taking of migratory birds for harvesting of birds may occur. These accept comments sent by email or fax or subsistence uses in Alaska during the regulations were developed under a co- to an address not listed in ADDRESSES. spring and summer of 2014. This rule management process involving the If you submit a comment via http:// proposes a list of migratory bird season Service, the Alaska Department of Fish www.regulations.gov, your entire openings and closures in Alaska by and Game, and Alaska Native comment—including any personal region. representatives. The rulemaking is identifying information, such as your necessary because the regulations address, telephone number, or email How do I find the history of these governing the subsistence harvest of address—will be posted on the Web site. regulations? migratory birds in Alaska are subject to When you submit a comment, the Background information, including annual review. This rulemaking system receives it immediately. past events leading to this rulemaking, proposes region-specific regulations that However, the comment will not be accomplishments since the Migratory

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