Fish and Wildlife Service February 2018 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), are removing Oenothera avita ssp. eurekensis, which is now recognized as Oenothera californica ssp. eurekensis (with a common name of Eureka Valley evening-primrose, Eureka evening-primrose, or Eureka Dunes evening- primrose) from the Federal List of Endangered and Threatened Plants. We are also reclassifying Swallenia alexandrae (with a common name of Eureka dune grass, Eureka dunegrass, or Eureka Valley dune grass) from an endangered to a threatened species. For Eureka Valley evening- primrose, this action is based on our evaluation of the best available scientific and commercial information, including comments received, which indicates that the threats have been eliminated or reduced to the point that the subspecies no longer meets the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended (Act). For Eureka dune grass, this reclassification is based on our evaluation of the best available scientific and commercial information, including comments received. We conclude that the stressors acting upon Eureka dune grass are of sufficient imminence, scope, or magnitude to indicate that they are continuing to result in impacts at either the population or rangewide scales, albeit to a lesser degree than at the time of listing, and we find that Eureka dune grass meets the statutory definition of a threatened species (i.e., the stressors impacting the species or its habitat are of sufficient magnitude, scope, or imminence to indicate that the species is likely to become an endangered species in the foreseeable future throughout all or a significant portion of its range).

The City of San Diego (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant is requesting a permit to incidentally take 2 animal species and seeking assurances for 5 plant species (all are federally listed species) during the term of the proposed 30-year permit. The permit is needed to authorize take of listed animal species (including harm, death, and injury) resulting from covered activities. The proposed Vernal Pool Habitat Conservation Plan (VPHCP) plan area encompasses 206,124 acres in the southwestern portion of San Diego County within the State of California. Pursuant to the National Environmental Policy Act (NEPA), we advise the public of the availability of the final Environmental Impact Report (EIR)/Environmental Impact Statement (EIS) analyzing the impacts of issuing an incidental take permit based on the City's proposed VPHCP. The EIR portion of the joint document was prepared by the City in compliance with the California Environmental Quality Act (CEQA).

We, the U.S. Fish and Wildlife Service, invite the public to comment on applications for permits to conduct activities intended to enhance the propagation or survival of endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits certain activities that constitute take of listed species unless a Federal permit is issued that allows such activity. The ESA also requires that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the Texas hornshell (Popenaias popeii), a freshwater mussel species from New Mexico, Texas, and Mexico. The effect of this regulation will be to add this species to the List of Endangered and Threatened Wildlife.

This rule prescribes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off- reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.

The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2018-19 hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in hunting seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.

The U.S. Fish and Wildlife Service (Service or we) is proposing migratory bird subsistence harvest regulations in Alaska for the 2018 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region- specific regulations that would go into effect on April 2, 2018.