[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67131-67140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27971]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2017-0063; 4500030113]
RIN 1018-BC16
Endangered and Threatened Wildlife and Plants; Threatened Species
Status for Trispot Darter
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
threatened species status under the Endangered Species Act of 1973
(Act), as amended, for trispot darter (Etheostoma trisella), a fish
species found in the Coosa River system in Alabama, Georgia, and
Tennessee. This rule adds this species to the List of Endangered and
Threatened Wildlife.
DATES: This rule is effective January 28, 2019.
ADDRESSES: This final rule is available on the internet at http://www.regulations.gov under Docket No. FWS-R4-ES-2017-0063, and at the
U.S. Fish and Wildlife Service, Alabama Ecological Services Field
Office, 1208 Main Street, Daphne, AL 36526; telephone 251-441-5181.
Comments and materials we received, as well as supporting documentation
we used in preparing this rule, are available for public inspection at
http://www.regulations.gov under Docket No. FWS-R4-ES-2017-0063, and by
appointment, during normal business hours at the Alabama Ecological
Services Field Office.
FOR FURTHER INFORMATION CONTACT: Bill Pearson, Field Supervisor, U.S.
Fish and Wildlife Service, Alabama Ecological Services Field Office
(see ADDRESSES). Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
On October 4, 2017, we published a proposed rule in the Federal
Register (82 FR 46183) to list the trispot darter as a threatened
species under the Act (16 U.S.C. 1531 et seq.). Please refer to that
proposed rule for a detailed description of previous Federal actions
concerning this species.
Elsewhere in today's Federal Register, we propose to (1) designate
critical habitat for the trispot darter under the Act; and (2) issue a
rule under section 4(d) of the Act that provides measures necessary and
advisable for the conservation of the trispot darter.
Background
Please refer to the October 4, 2017, proposed rule (82 FR 46183)
and the Species Status Assessment (SSA) Report for a full summary of
species information. Both documents are available at http://www.regulations.gov under Docket No. FWS-R4-ES-2017-0063, and on the
Service's Southeast Region website at https://www.fws.gov/southeast/.
The trispot darter is a freshwater fish found in the Coosa River
System in the Ridge and Valley ecoregion of Alabama, Georgia, and
Tennessee. This fish has a historical range from the middle to upper
Coosa River Basin with collections in the mainstem Coosa, Oostanaula,
Conasauga, and Coosawattee Rivers, and their tributaries. Currently,
the trispot darter is known to occur in four populations in the Little
Canoe Creek and tributaries (Coosa River), Ballplay Creek tributaries
(Coosa River), Conasauga River and tributaries, and Coosawattee River
and one tributary.
The trispot darter is a migratory species that utilizes distinct
breeding and non-breeding habitats. From approximately April to
October, the species inhabits its non-breeding habitat, which consists
of small to medium river margins and lower reaches of tributaries with
slower velocities. It is associated with detritus, logs, and stands of
water willow, and the substrate consists of small cobbles, pebbles,
gravel, and often a fine layer of silt. During low flow periods, the
darters move away from the peripheral zones and toward the main
channel; edges of water willow beds, riffles, and pools; and mouths of
tributaries. In late fall, this migratory species shifts its habitat
preference and begins movement toward spawning areas; this is most
likely stimulated by precipitation, but temperature changes and
decreasing daylight hours may also provide cues to begin migration.
Migration into spawning areas begins approximately late November or
early December with fish moving from the main channels into tributaries
and eventually reaching adjacent seepage areas where they will
congregate and remain for the duration of spawning, approximately until
late April. Breeding sites are intermittent seepage areas and ditches
with little to no flow; shallow depths (12 inches (30 centimeters) or
less); moderate leaf litter covering mixed cobble, gravel, sand, and
clay; a deep layer of soft silt over clay; and emergent vegetation.
Trispot darters predominantly feed on mayfly nymphs and midge larvae
and pupae.
The trispot darter was first described in 1963 from a single
specimen collected in Cowans Creek in Cherokee County, Alabama. This
species was originally described as a member of the
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subgenus Psychromaster and was later moved to the subgenus Ozarka in
1980 where it remains today. Currently, the trispot darter is
considered a valid taxon (Service 2017, p. 6).
Summary of Comments and Recommendations
In our October 4, 2017, proposed rule to list the trispot darter as
a threatened species (82 FR 46183), we requested that all interested
parties submit written comments on the proposal by December 4, 2017. We
also contacted appropriate Federal and State agencies, scientific
experts and organizations, and other interested parties, and invited
them to comment on the proposal. Newspaper notices inviting general
public comment were published in the St. Clair News-Aegis, St. Clair
Times, Chattanooga Times Free Press, Atlanta Journal Constitution, and
The Daily Home. We did not receive any requests for a public hearing.
All substantive information provided during the comment period has
either been incorporated directly into this final determination or is
addressed, by topic, below.
Peer Reviewer Comments
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), and our August 22, 2016, memorandum updating and
clarifying the role of peer review actions under the Act, we solicited
expert opinion from four knowledgeable individuals with scientific
expertise that included familiarity with trispot darter and its
habitat, biological needs, and threats. We received responses from two
of the peer reviewers.
We reviewed all comments we received from the peer reviewers for
substantive issues and new information regarding the information
contained in the SSA Report. The peer reviewers generally concurred
with our methods and conclusions, and provided additional information,
clarifications, and suggestions to improve the final SSA Report. Peer
reviewer comments are addressed in the following summary and were
incorporated into the final SSA Report as appropriate.
(1) Comment: One peer reviewer expressed doubt that hurricanes or
other large storms can negatively affect stream fish communities.
Our Response: Large storms have been found to disturb aquatic
habitats to the extent that stream fish assemblages have been observed
to be altered as a result (Service 2017, p. 25; Service 2011, p. 9).
Recovery of stream fish communities to assemblages seen before
disturbances from large storms depends on adjacent source populations
and the dispersal ability of specific species. In the case of rare
species with isolated populations such as the trispot darter, large
storms that are capable of causing a level of disturbance that alters
fish communities can pose a substantial threat. A more thorough
discussion of this threat can be found in the SSA Report (Service 2017,
p. 25).
(2) Comment: One peer reviewer suggested that not enough
information was available on the trispot darter to infer its historical
range.
Our Response: We are required to use the best available commercial
and scientific information available at the time we make our
determination. Available resources at the time of rulemaking have
described the range of the trispot darter as the upper Coosa River
system. Based on recorded occurrences of the trispot darter in the
mainstem of the Coosa River and tributaries to the Coosa River in
Alabama, Georgia, and Tennessee, we conclude that the historical range
described as the upper Coosa River system is reasonably supported.
Public Comments
(3) Comment: One commenter expressed concern about the presence of
the Conasauga Shale Field, a natural gas-bearing formation, within
portions of the trispot darter's range. The commenter provided current
research that demonstrated negative associations between hydraulic
fracturing (fracking) and fish recruitment, and recommended the Service
evaluate oil and gas exploration in the Conasauga Shale Field and its
influence on trispot darter.
Our Response: We contacted the Alabama State Oil and Gas Board to
assess the current and future status of natural gas exploration and
exploitation of the Conasauga Shale Field in Alabama. Based on our
correspondence, we find that fracking within the Conasauga Shale Field
is unlikely to be a threat to the trispot darter within the foreseeable
future. Currently, no new drilling permits have been approved, and all
existing wells have been plugged and abandoned. Wells were abandoned
due to low productivity and low gas prices. For these reasons, and
because of low permeability of the rock formation, the Alabama State
Oil and Gas Board expects that oil and gas extraction is unlikely to
occur there within the foreseeable future.
(4) Comment: One commenter provided additional information on the
effects of hypolimnetic releases from dams on riverine ecosystems and
fish species present in tailwaters. Hypolimnetic refers to the part of
a lake below the thermocline made up of water that is stagnant and of
essentially uniform temperature except during the period of overturn.
The commenter also noted that dams can create many kilometers of
unsuitable habitat because of changes in the temperature regime from
hypolimnetic flow releases. Decreases in streamflow temperature as a
result of hypolimnetic releases have been shown to adversely affect
darter species by increasing the probability of local extinction in
cold waters downstream of dams.
Our Response: We incorporated the information from the additional
studies clarifying the effects of hydropower projects on aquatic
species and have added them to the appropriate sections of the SSA
Report. We also recognize that currently the trispot darter is exposed
to releases from the Carters Reregulation Dam. However, past research
has found that operation of the reregulation dam does not affect the
system's ability to provide adequate dissolved oxygen for the trispot
darter (Freeman 2011, p. 10); this system also still meets State water
quality and temperature standards (USACE 2015, p. 4-13). Therefore,
temperature and dissolved oxygen alterations are not viewed as
stressors to the trispot darter in the Coosawattee River below the
Carters Reregulation Dam.
(5) Comment: One commenter noted that the overall condition of the
Little Canoe Creek Management Unit (MU) is ranked as moderate even
though six of the seven factors considered in the ranking scored as
``low'' in the October 4, 2017, proposed rule to list the trispot
darter as a threatened species (82 FR 46183).
Our Response: The overall condition for the Little Canoe Creek MU
presented in the proposed rule (see 82 FR 46187) and the SSA Report
(version 1.0) was in error. We have corrected the condition rank in
this rule and the updated SSA Report (version 1.2). However, this
correction does not change our assessment of future conditions in the
SSA Report, nor our conclusions presented in the October 4, 2017,
proposed rule.
Summary of Changes From the Proposed Rule
In preparing this final rule, we reviewed and fully considered
comments from the public on the proposed rule. We did not make any
substantive changes to this final rule after consideration of the
comments we received. We did update the SSA Report (to version 1.2)
based on comments and some additional information provided, as follows:
(1) We made many small, nonsubstantive clarifications and
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corrections throughout the SSA Report, including ensuring consistency
of colors on maps, providing details about data sources used, updating
references, and making minor clarifications; and (2) we included in the
updated version of the SSA Report the additional information we
received regarding observations of the trispot darter, hypothesized
historical range of the trispot darter, and more detailed life-history
data for the species. However, the information we received during the
comment period for the proposed rule did not change our determination
that the trispot darter is a threatened species.
Summary of Biological Status and Threats
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations in title 50 of the Code of Federal Regulations at 50 CFR
part 424, set forth the procedures for adding species to the Federal
Lists of Endangered and Threatened Wildlife and Plants. Under section
4(a)(1) of the Act, we may list a species based on (A) the present or
threatened destruction, modification, or curtailment of its habitat or
range; (B) overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; or (E) other natural or manmade factors
affecting its continued existence. These factors represent broad
categories of natural or human-caused actions or conditions that could
have an effect on a species' continued existence. In evaluating these
actions and conditions, we look for those that may have a negative
effect on individuals of the species, as well as other actions or
conditions that may ameliorate any negative effects or may have
positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself. However, the mere
identification of any threat(s) does not necessarily mean that the
species meets the statutory definition of an ``endangered species'' or
a ``threatened species.'' In determining whether a species meets either
definition, we must evaluate all identified threats by considering the
expected response by the species, and the effects of the threats--in
light of those actions and conditions that will ameliorate the
threats--on an individual, population, and species level. We evaluate
each threat and its expected effects on the species, then analyze the
cumulative effect of all of the threats on the species as a whole. We
also consider the cumulative effect of the threats in light of those
actions and conditions that will have positive effects on the species--
such as any existing regulatory mechanisms or conservation efforts. The
Secretary determines whether the species meets the definition of an
``endangered species'' or a ``threatened species'' only after
conducting this cumulative analysis and describing the expected effect
on the species now and in the foreseeable future.
Our assessment evaluated the biological status of the species and
threats affecting its continued existence. It was based upon the best
available scientific and commercial data, including the SSA Report
(Service 2018, entire), and the expert opinion of the SSA team members.
Please refer to chapter 3 of the SSA Report (Service 2018, pp. 17-25)
for a more detailed discussion of the factors affecting the trispot
darter.
Risk Factors Influencing Viability of Trispot Darter
As discussed above, we considered the five factors set forth in
section 4(a)(1) of the Act in assessing whether the species meets the
definition of an endangered or a threatened species. A multitude of
natural and anthropogenic factors may impact the status of species
within aquatic systems. The largest threats to the future viability of
the trispot darter involve habitat degradation from factors influencing
four habitat elements: Water quality, water quantity, instream habitat,
and habitat connectivity (Factor A). All of these factors are
exacerbated by the effects of climate change (Factor E). A brief
summary of these primary stressors is presented below; for a full
description of the factors, refer to chapter 4 of the SSA Report.
Hydrologic Alteration
Activities that lead to hydrologic alteration include reservoir
construction and operation, excessive water withdrawals, and an
increase in impervious surfaces.
Hydrologic alteration in the system occupied by the trispot darter
has two components: Increases in storm flow frequency and intensity,
and a decrease in base flows, which together create a ``flashy''
hydrologic regime. In a natural forested system, most rainfall soaks
into the soil and is carried into nearby streams via subsurface flow.
Some evaporates or transpires, and a relatively small amount becomes
surface runoff. In the trispot darter's system, which is urbanized with
large amounts of impervious cover such as roads, parking lots, and
rooftops, this cycle is altered; most stormwater hits impervious
surfaces and becomes runoff, which then is channeled quickly to streams
via stormwater drain pipes or ditches. Relatively little infiltrates
into the soil. As a result, storm flows in the receiving stream are
higher and more frequent, although briefer in duration, and base flows
are lower, than in natural systems. The storm discharge of urban
streams can be twice that of rural streams draining a watershed of
similar size, and the frequency of channel-forming events can be 10
times that of pre-development conditions. These ``flashy'' stream flows
and frequent, smaller high-flow events negatively affect structural
habitat on which the trispot darter depends. Increases in flow
frequency or intensity can result in channel widening through bank
erosion or deepening to accommodate the additional discharge. This
results in increased downstream sedimentation and unstable beds, both
of which degrade channel complexity and feeding and refugia habitat for
fish species. Increased storm flows, in addition, can cause physical
washout of eggs and larval fishes, stress on adults, and negatively
alter the stream's food web, affecting many fish species. There is also
a decrease in channel complexity and a reduction in instream cover and
natural substrates like boulders, cobble, and gravel.
Reservoirs can substantially alter hydrology downstream, especially
when operated for hydroelectric power generation. Hydropeaking dams
produce high flows only when power generation is needed. Hydropeaking
dams, Carters Dam and Reregulation Dam, exist on the Coosawattee River.
Rapid flow increases and decreases from hydropeaking can reduce stream
insect abundance, potentially decreasing food availability for darters.
Furthermore, managed rivers can exhibit substantially altered and novel
food webs that affect native communities and their ability to withstand
perturbations. Non-hydropeaking reservoirs, farm ponds, amenity lakes,
and other impoundments may also substantially alter hydrologic regimes
by storing water during low flow periods, effectively dampening
moderate to high flows and in some cases augmenting flows. Fish are
adapted to the natural seasonal
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variations of flow, and alterations to this regime affect their life-
history strategies.
Hydrologic alteration can also lead to other stressors, such as
sedimentation and a loss of connected suitable habitat.
Sedimentation
Sedimentation can affect fish species by degrading physical habitat
used for foraging, sheltering, and spawning; altering food webs and
decreasing stream productivity; forcing fish to change their behaviors;
and even injuring or killing individual fish. Chronic exposure to
sediment has been shown to have negative impacts to fish gills, which
in addition to causing gill damage can possibly reduce growth rates.
Sedimentation causes reduced visibility, impacting fishes' abilities to
feed and interact.
A wide range of activities (including agricultural activities,
construction activities, some forestry activities if certified best
management practices are not used, and dredging), as well as stormwater
runoff, unpaved roads, and utility crossings, can lead to sedimentation
within streams. Historical land use practices have substantially
altered hydrological and geological processes such that sediments
continue to be input into streams for several decades after those
activities cease. Examples of these activities occurring within the
range of the trispot darter include urban impacts in the Springville,
Alabama, and Dalton, Georgia, areas; agricultural practices in the
Conasauga River basin; and livestock access to streams in the Little
Canoe Creek watershed.
Reduced Connectivity
Connectivity relates to a species' ability to disperse to and from
habitat patches. Excess groundwater withdrawal, causing sections of
streams to become dry for parts of the year, can reduce connectivity.
Dams and reservoirs reduce connectivity by creating a physical barrier
between fish populations and by changing habitat from flowing streams
to standing water, which is not suitable habitat for this darter. Road
crossings, some of which have impassible culverts that reduce
connectivity, are also more prevalent in highly populated urban areas.
All of these factors have occurred or are occurring in the range of the
trispot darter.
Loss of Riparian Vegetation
This fish has adapted to occupy habitats that are surrounded by
vegetation, which moderates temperature by blocking solar radiation;
provides a source for terrestrial plant material that forms the base of
the food web and provides shelter and foraging habitat for this fish;
and helps to maintain clear, clean water and substrate through
filtration. Removal of riparian vegetation can destabilize stream
banks, increasing sedimentation and turbidity; increase the
contaminants and nutrients that enter the water from runoff; increase
water temperatures and light penetration, which also increases algae
production; and alter available habitat by reducing woody plant debris
and leaf litter, which in turn decreases overall stream productivity.
All of these events decrease habitat suitability for the trispot
darter. Removal of riparian vegetation has occurred where urban and
agricultural practices are prevalent, such as increased development in
Dalton, Chatsworth, and Ellijay, and occurrences of row crops and
pastures in the Conasauga River basin generally.
Contaminants
Contaminants, including metals, hydrocarbons, pesticides, and other
potentially harmful organic and inorganic compounds, can be toxic to
fish and are common in urban streams, including those within the range
of the trispot darter. Exposure to contaminants may cause physiological
stress to the trispot darter as seen in other members of the genus
Etheostoma, and streams affected by multiple sources of contaminants
may induce higher levels of stress on the fish (Diamond et al. 2016; p.
133).
Contamination in the mainstem of the Coosa River by polychlorinated
biphenyl (PCBs) has been attributed to past industrial activity
adjacent to the river. In the Coosawattee River, PCBs caused by
nonpoint sources are also identified as a source of impairment. PCBs
have toxic effects to the endocrine system, nervous system,
reproductive system, blood, skin, and liver of animals, and have likely
impacted the trispot darter in both basins.
Pesticides and herbicides are frequently found in streams draining
agricultural land uses, with herbicides being the most commonly
detected. Many agricultural streams still contain
dichlorodiphenyltrichloroethan (DDT) and its degradation products.
Pesticides also are heavily used in urban and suburban areas, and many
of these find their way into streams and groundwater. Glyphosates and
other inert ingredients found in herbicides can be toxic to fish and
other aquatic organisms, causing stress and reduced fitness; herbicide
use where the trispot darter occurs in the Conasauaga River is
prevalent and increasing.
Agriculture
Agriculture is a predominant land use within the range of the
trispot darter. Livestock grazing is prevalent in some areas, and
poultry farming is also common.
Poultry Litter: Poultry litter is a mixture of chicken manure,
feathers, spilled food, and bedding material that frequently is used to
fertilize pastureland or row crops. Each poultry house has an estimated
ability to produce up to 100 tons of litter a year. Surface-spreading
of litter results in runoff from heavy rains carrying the poultry
litter into waterways, bringing phosphorus and nitrogen from manure
into nearby streams. Additionally, repeated or over application of
poultry litter can result in phosphorus buildup in the soil, which then
runs off into streams. Excess phosphorus and nitrogen in streams
increases algae and undesirable aquatic plants that rob water of
oxygen, causing fish kills. Poultry litter also contains endocrine
disruptors, such as estrogen, which have been identified as a
significant stressor within the Conasauga River basin. Estrogens have
been found in water and sediment samples within the watershed at
concentrations high enough to be disruptive to the endocrine system in
fish. Increased levels of estrogens affect reproductive biology and
result in reduced breeding success. In a recent study of endocrine
disruptors on fishes in the Conasauga River, approximately 7.5 percent
of male fishes surveyed were found to have female reproductive cells in
male reproductive organs.
Livestock Access to Streams: On many farms, livestock is grazed on
pastures adjacent to streams and rivers, and is allowed free access to
the water. Livestock accessing riparian buffers and, subsequently, the
stream proper leads to habitat destruction and decreased water quality.
Livestock can destabilize stream banks, which, as discussed above,
creates increased sediment loads within small systems.
Urbanization
In addition to contributing to individual stressors such as changes
in flow regime and contamination, urbanization is anticipated to
increase the magnitude of nearly all other stressors, and thus is
expected to affect the trispot darter across its range, which is close
to the growing Atlanta metropolitan area, the expanding Chattanooga and
Birmingham areas, and intervening areas with growing human populations
and increasing development.
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Weather Events
Weather events that affect stream flows are considered to be most
relevant to the species. Broadly, these events include extreme storms
and droughts. Increased flows can cause physical washout of eggs and
larval fishes, cause stress on adults, and alter the production in a
stream. Within the range of the trispot darter, extreme flows
associated with hurricanes have been reported to have negative effects
on stream fish populations. On the other hand, reduced baseflows due to
droughts can also cause population declines, habitat loss, reduced
water quality (decreased dissolved oxygen and temperature alteration)
leading to death, crowding of individuals leading to stress, and
decreased reproduction in stream fish populations.
Climate models for the southeastern United States project that
average annual temperatures will increase, cold days will become less
frequent, the freeze-free season will lengthen, temperatures exceeding
95 degrees Fahrenheit will increase, heat waves will become longer, and
the number of major hurricanes will increase. While these climate
models predict wide variability in weather patterns into the future,
overall they suggest that the region will be subjected to more frequent
large storms (hurricanes) as well as low flows from droughts.
Other Stressors
In our analysis of the factors affecting these species, we found no
evidence of population- or species-level impacts from overutilization
for commercial, recreational, scientific, or educational purposes
(Factor B). Also, there was no evidence of any impacts due to disease
or predation (Factor C). No existing regulatory mechanisms adequately
address the threats to the trispot darter such that it does not warrant
listing under the Act (Factor D).
Conservation Actions
The trispot darter is recognized by Alabama, Georgia, and Tennessee
as a species of concern. This species is listed as Priority 2/High
Conservation Concern by the State of Alabama, endangered by the State
of Georgia, and threatened by the State of Tennessee. Priority
watersheds within the range of the trispot darter have been designated
as Strategic Habitat Units by the Alabama Rivers and Streams Network
(ARSN). ARSN is an organized partnership of state and federal entities
as well as NGOs and corporations. Currently, the trispot darter is
found in the Big Canoe Creek SHU and the Upper Coosa River tributaries
SHU. The Strategic Habitat Unit project was developed for species
restoration and enhancement. To work towards these goals, a thorough
threats analysis is conducted in each SHU by partners to the ARSN, and
the results of the threats analyses guide State and Federal agencies in
prioritizing projects that reduce and remove the identified threats and
ultimately improve habitat and water quality for listed and at risk
species. The Atlantic Coast Conservancy holds a tract of land within
Ballplay Creek that could offer some protection in the watershed. The
U.S. Department of Agriculture's Natural Resources Conservation
Service's Working Lands for Wildlife partnership within the basin will
help farmers develop and implement strategies to improve water quality.
Current Condition of Trispot Darter
To assess viability for the trispot darter, we used the three
conservation biology principles of resiliency, representation, and
redundancy (together, the 3Rs). Briefly, resiliency supports the
ability of the species to withstand environmental and demographic
stochasticity (for example, wet or dry, warm or cold years);
representation supports the ability of the species to adapt over time
to long-term changes in the environment (for example, climate changes);
and redundancy supports the ability of the species to withstand
catastrophic events (for example, droughts, hurricanes). In general,
the more redundant and resilient a species is and the more
representation it has, the more likely it is to sustain populations
over time, even under changing environmental conditions. Using these
principles, we identified the species' ecological requirements for
survival and reproduction at the individual, population, and species
levels, and described the factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we used the 3Rs to evaluate individual life-
history needs of all three darters. In the next stage, we assessed the
historical and current condition of each species' demographics and
habitat characteristics, including an explanation of how the species
arrived at their current conditions. In the final stage of the SSA we
made predictions about the species' responses to positive and negative
environmental and anthropogenic influences. This process used the best
available information to characterize viability as the ability of each
species to sustain populations in the wild over time.
To qualitatively assess resiliency, we considered seven components
that broadly relate to either the physical environment (``Habitat
Elements'') or characteristics about the population specifically
(``Population Elements''). Habitat elements consisted of an evaluation
of physical habitat, connectivity, water quality, and hydrologic
regime. Population elements consisted of an estimation of approximate
abundance, the extent of occurrence (total length of occupied streams),
and an assessment of occurrence complexity. Representation describes
the ability of a species to adapt to changing environmental conditions
over time. For trispot darters to exhibit high representation,
resilient populations should occur in all ecoregions to which they are
native, and maintain some level of connectivity between populations.
These occupied physiographic provinces represent the ecological setting
in which the darters have evolved. Redundancy is characterized by
having multiple resilient and representative populations distributed
throughout its range. Furthermore, these populations should maintain
natural levels of connectivity between them. Connectivity allows for
immigration and emigration between populations and increases the
likelihood of recolonization should a population become extirpated. An
overall resiliency condition was estimated by combining habitat and
population elements. Population elements were weighted two times higher
than habitat elements because they are considered direct indicators of
population condition. Conditions were classified as ``Low'',
``Moderate'', or ``High''.
After analyzing current conditions for the species, we described
how current viability of the three darters may change over a period of
50 years. As with current conditions, we evaluated species viability in
terms of resiliency at the population scale, and representation and
redundancy at the species scale. In the SSA report, we described three
plausible future scenarios and whether there will be a change, from
current conditions, to resiliency, representation, or redundancy under
each scenario. These scenarios capture the range of likely viability
outcomes that the trispot darter is predicted to exhibit by the end of
2070. The future scenarios differ in two main elements of predicted
change: Urbanization and climate. To forecast future urbanization, we
considered future scenarios that incorporate the SLEUTH (Slope, Land
use, Excluded area, Urban area, Transportation,
[[Page 67136]]
Hillside area) model. This model simulates patterns of urban expansion
that are consistent with spatial observations of past urban growth and
transportation networks. Regarding climate, the Intergovernmental Panel
on Climate Change utilized a suite of alternative scenarios in the
Fifth Assessment Report to make near-term and long-term climate
projections. In our assessments, we used these projections to help
understand how climate may change in the future and what effects may be
observed that impact the trispot darter.
Collection records used in the analysis were compiled and provided
to the Service by State partners. These records did not exhibit
standardization: The numbers of individuals collected was
inconsistently recorded and sampling methods varied among records.
Therefore, we were unable to analyze exact numbers collected for each
record. Instead, abundance was estimated for each record categorically.
According to our analysis, all of the current management units
(MUs) have resiliency ranked as ``low'' in the analysis (see Table 1,
below). Ballplay Creek MU has a low resiliency because of reduced
genetic diversity, the abundance is qualitatively low, reservoirs and
poor water quality remove connectivity to other MUs, the impairment of
the Coosa River within the watershed, and the extent of the occupied
habitat is small. The Little Canoe Creek MU has a low resiliency to
stochastic events because water quality and abundance are low (although
the occurrence complexity is high), Coosa River reservoirs remove
connectivity to other MUs, and the extent of the occupied habitat is
small. Because of the PCBs known in the area, the Coosawattee River has
low resiliency due to hydrologic alteration from the hydroelectric dam,
PCBs in the river contributing to low water quality, lower abundance of
fish per collection record, a small and reduced distribution, and
overall simple occurrence spatial arrangement. The Conasauga River MU
has low resiliency due to low water quality in the middle and lower
river, low abundance of fish per collection record, a reduced
population, and overall simple occurrence spatial arrangement. For
aquatic species that inhabit rivers, complex spatial occurrence relates
to a species occupying multiple tributaries and the main-stem river as
opposed to only inhabiting the main-stem river. A more complex and
dendritic (tree-like) spatial arrangement of occupied habitat will be
more resilient (Service 2017, p. 27).
Historically, the trispot darter was found from the confluence of
Holly Creek to Chatsworth, Georgia and is now only known from just
upstream of Chatsworth. Currently, the trispot darter occupies
approximately 20 percent of its historically known range. While it is
clear the species has lost some of its historical range, the best
available data do not indicate a declining trend in abundance in the
remaining areas from historical to the present. This species is rare
and difficult to detect. Combined with the inconsistent survey
methodology and lack of standard collection records, this creates
uncertainty in any analysis of trends or the ability to compare data
across years.
A full analysis for each unit's current condition can be found in
the SSA Report and the proposed rule.
Table 1--Current Species Resiliency Summary of the Trispot Darter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Occurrence Overall
Approximate abundance Occurrence extent complexity Physical habitat Connectivity Water quality Hydrologic regime condition
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Little Canoe Creek............. Low.................. Low............... High.............. Low............... Low............... Low............... Low.............. Low.
Ballplay Creek................. Low.................. Low............... Low............... Low............... Low............... Low............... Low.............. Low.
Conasauga River................ Low.................. Low............... Low............... Low............... Moderate.......... Low............... Low.............. Low.
Coosawattee River.............. Low.................. Low............... Low............... Moderate.......... Moderate.......... Low............... Low.............. Low.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Future Conditions of Trispot Darter
For the purpose of this assessment, we define viability as the
ability of the species to sustain populations in the wild over time. To
address uncertainty associated with the degree and extent of potential
future stressors and their impacts on species' requisites, we assessed
the 3Rs using three plausible future scenarios. These scenarios were
based, in part, on the results of urbanization and climate models that
predict changes in habitat used by the trispot darter. The models that
were used to forecast both urbanization and climate change projected 50
years into the future (the year 2070).
For example, in one scenario, current environmental regulations and
policy, land use management techniques, and conservations measures
remain the same over the next 50 years. We anticipate the current trend
in greenhouse gas emissions to continue and moderate impacts from
extreme weather events including intense drought, floods, and storm
events to occur. Rapid urbanization will continue at the current
estimated rate for the Piedmont region of the southeastern United
States, which will increase demand for water resources and introduce
multiple additional stressors into local streams and rivers. Despite an
overall growth in population and increases in developed areas, some
regions will remain predominantly in agriculture and experience
associated water quality declines. In pace with current trends, we
anticipate declines in habitat and water quantity and quality as a
result of rapid urbanization, climate change, agricultural practices,
and an overall lack of voluntary conservation measures being
implemented. Under this scenario, two populations, Ballplay Creek and
Conasauga River, are expected to become extirpated, while the remaining
two, Little Canoe Creek and Coosawattee River, are projected to persist
but in low resiliency condition. Because of the expected future
extirpation of trispot darters predicted for Salacoa Creek (Coosawattee
population) in this scenario, the fish would then be found only in the
Coosawattee River mainstem (no longer in any tributaries), making it
more vulnerable to catastrophic events. Redundancy decreases to two
populations (Little Canoe Creek and Conasauga), which are completely
isolated from one another due to the Weiss Dam. This means that genetic
material will not be exchanged, reducing adaptive potential of the
species. In the SSA Report, we describe conditions and results for all
three scenarios that represent the likely range of plausible future
outcomes for development, possible climate changes, and the species'
expected response to threats. Results for our full future condition
analysis for the future projections are provided in table 2, below and
are discussed more fully in the SSA Report and the proposed rule.
[[Page 67137]]
Table 2--Future Condition of the Trispot Darter by the Year 2070 Under Three Future Scenarios
----------------------------------------------------------------------------------------------------------------
Management unit Status quo Best case Worst case
----------------------------------------------------------------------------------------------------------------
Little Canoe.................. Low.............. Moderate......... Likely Extirpated.
Ballplay...................... Likely Extirpated Low.............. Likely Extirpated.
Conasauga..................... Likely Extirpated Moderate......... Likely Extirpated.
Coosawattee................... Low.............. Moderate......... Likely Extirpated.
----------------------------------------------------------------------------------------------------------------
Determination
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the trispot darter. Our analysis of the trispot darter's current and
future conditions, as well as the conservation efforts discussed above,
show that the population and habitat factors used to determine the
resiliency, representation, and redundancy for trispot darter will
continue to decline such that it is likely to become in danger of
extinction within the foreseeable future.
We considered whether the trispot darter is presently in danger of
extinction throughout its range. The current conditions as assessed in
the SSA Report show extant populations in four river systems (MUs)
across its range, including 65 river miles (105 river kilometers) of
occupied habitat in the Conasauga River. The best available data do not
indicate a declining trend in abundance, and it is likely that the low
abundance (and, therefore, low resiliency) indicated in our analysis is
due to the species being naturally rare and difficult to detect. The
inconsistent survey methodology and lack of standard collection records
also creates uncertainty in any analysis of trends or the ability to
compare data across years. While threats are currently acting on the
species and many of those threats are expected to continue into the
future, we did not find that the species is currently in danger of
extinction throughout its range.
Based on our analysis of plausible future conditions of the trispot
darter, we concluded that the resiliency, redundancy, and
representation will be impacted by threats and the species will have
reduced viability in the foreseeable future. While our future scenarios
were developed using models that predicted out 50 years, the short
lifespan of the species (2 to 3 years) and the lack of data and
research specific to trispot darters regarding evidence of threats
directly impacting the species creates uncertainty when predicting the
species' response to threats into the future. Forecasting beyond 8 to
10 generations (i.e., 16 to 24 years) would be speculative, and we do
not have robust population data to support a foreseeable future that
could accurately predict how the trispot darter may respond to threats
beyond a 20-year timeframe. Accordingly, we have concluded that
approximately 20 years is the appropriate foreseeable future for the
trispot darter.
Our analysis concludes that 30 years beyond our foreseeable future
timeframe, our range of plausible future scenarios predicts the trispot
darter may continue to persist in as many as all four of the
populations; however, the entire risk profile indicates that all four
populations could also possibly be extirpated in 50 years. It is
reasonable to assume that at an intermediate timeframe of 16 to 24
years, these scenarios will not have been realized completely; however,
many populations that persist are likely to have low resiliency and
continue to face threats. Considering this species' vulnerability to a
loss of connectivity between breeding and nonbreeding habitats, and the
effect that situation has on reproductive success, we expect negative
impacts to the resiliency, redundancy, and representation of the
species in the foreseeable future. The trispot darter's unique
reproductive strategy of utilizing distinct areas of rivers and streams
for breeding and nonbreeding habitats makes the loss of connectivity
especially detrimental to viability. A lack of protected lands within
the current range of the trispot darter creates more uncertainty
regarding land use, threats, and the ability of these four populations
to withstand the expected loss of one or two populations. This expected
reduction in both the number and distribution of resilient populations
is likely to make the species vulnerable to catastrophic disturbance.
Therefore, on the basis of the best available scientific and commercial
information, we find that the species is likely to become in danger of
extinction within the foreseeable future throughout its range.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. Because we have determined that the
trispot darter is likely to become an endangered species within the
foreseeable future throughout its range, we find it unnecessary to
proceed to an evaluation of potentially significant portions of the
range. Where the best available information allows the Services to
determine a status for the species rangewide, that determination should
be given conclusive weight because a rangewide determination of status
more accurately reflects the species' degree of imperilment and better
promotes the purposes of the statute. In this way, assigning the
rangewide status to the species (rather than potentially assigning a
different status based on a review of only a portion of the range) best
implements the statutory distinction between threatened and endangered
species. Maintaining this fundamental distinction is important for
ensuring that conservation resources are allocated toward species
according to their actual level of risk.
We also note that Congress placed the ``all'' language before the
``significant portion of its range'' phrase in the definitions of
``endangered species'' and ``threatened species.'' This suggests that
Congress intended that an analysis based on consideration of the entire
range should receive primary focus, and thus that the agencies should
do a ``significant portion of its range'' analysis as an alternative to
a rangewide analysis only if necessary. Under this reading, we should
first consider whether listing is appropriate based on a rangewide
analysis and proceed to conduct a ``significant portion of its range''
analysis if, and only if, a species does not qualify for listing as
either endangered or threatened according to the ``all'' language. We
note that this interpretation is also consistent with the 2014 Final
Policy on Interpretation of the Phrase ``Significant Portion of its
Range'' (SPR Policy) (79 FR 37578; July 1, 2014). That policy is the
subject of ongoing litigation, including litigation against the Service
in the United States District Court for the Northern District of
California, which has vacated the ``significant portion'' part of the
Services' SPR Policy (Desert Survivors v. Department of the Interior,
No. 16-cv-01165-JCS (N.D. Cal. Aug. 24, 2018)). However, our approach
in this rule, explained above, has been reached and
[[Page 67138]]
applied independently of the SPR Policy, and is not inconsistent with
the court's holding in Desert Survivors.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies; private
organizations; and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
Recovery Actions
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five
factors that control whether a species remains endangered or may be
reclassified from endangered to threatened (``downlisted'') or removed
from listing (``delisted''), and methods for monitoring recovery
progress. Recovery plans also establish a framework for agencies to
coordinate their recovery efforts and provide estimates of the cost of
implementing recovery tasks. Recovery teams (composed of species
experts, Federal and State agencies, nongovernmental organizations, and
other stakeholders) are often established to develop recovery plans.
When completed, the recovery outline, draft recovery plan, and the
final recovery plan will be available on our website (http://www.fws.gov/endangered) or from our Alabama Ecological Services field
office (see FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
Following publication of this final listing rule, funding for
recovery actions will be available from a variety of sources, including
Federal budgets, State programs, and cost share grants for non-Federal
landowners, the academic community, and nongovernmental organizations.
In addition, pursuant to section 6 of the Act, the States of Alabama,
Georgia, and Tennessee will be eligible for Federal funds to implement
management actions that promote the protection or recovery of the
trispot darter. Information on our grant programs that are available to
aid species recovery can be found at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for the trispot darter. Additionally, we invite you to
submit any new information on this species whenever it becomes
available and any information you may have for recovery planning
purposes (see FOR FURTHER INFORMATION CONTACT).
Critical Habitat
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is listed as an endangered or
threatened species and with respect to its critical habitat, if any is
designated. Regulations implementing this interagency cooperation
provision of the Act are codified at 50 CFR part 402. Section 7(a)(2)
of the Act requires Federal agencies to ensure that activities they
authorize, fund, or carry out are not likely to jeopardize the
continued existence of any endangered or threatened species or destroy
or adversely modify its critical habitat. If a Federal action may
affect a listed species or its critical habitat, the responsible
Federal agency must enter into consultation with the Service.
Elsewhere in today's Federal Register, we propose to designate
critical habitat for the trispot darter under the Act.
Regulatory Provisions
Under section 4(d) of the Act, the Service has discretion to issue
regulations that we find necessary and advisable to provide for the
conservation of threatened species. The Act and its implementing
regulations set forth a series of general prohibitions and exceptions
that apply to threatened wildlife. The prohibitions of section 9(a)(1)
of the Act, as applied to threatened wildlife and codified at 50 CFR
17.31, make it illegal for any person subject to the jurisdiction of
the United States to take (which includes harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect; or to attempt any of
these) threatened wildlife within the United States or on the high
seas. In addition, it is unlawful to import; export; deliver, receive,
carry, transport, or ship in interstate or foreign commerce in the
course of commercial activity; or sell or offer for sale in interstate
or foreign commerce any listed species. It is also illegal to possess,
sell, deliver, carry, transport, or ship any such wildlife that has
been taken illegally. Certain exceptions apply to employees of the
Service, the National Marine Fisheries Service, other Federal land
management agencies, and State conservation agencies.
We may issue permits to carry out otherwise prohibited activities
involving threatened wildlife under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.32. With regard to
threatened wildlife, a permit may be issued for the following purposes:
For scientific purposes, for the enhancement of propagation or
survival, for economic hardship, for zoological exhibition, for
educational purposes, for incidental taking, or for special purposes
consistent with the purposes of the Act. There are also certain
statutory exemptions from the prohibitions, which are found in sections
9 and 10 of the Act.
Section 4(d) of the Act specifies that, for threatened species, the
Secretary shall issue such regulations as he deems necessary and
advisable to provide for the conservation of the species. This
[[Page 67139]]
discretion includes authority to prohibit by regulation with respect to
a threatened species any act prohibited by section 9(a)(1) of the Act.
At 50 CFR 17.31(a), the Service, by delegation from the Secretary,
exercised this discretion to extend the take and other prohibitions set
forth in section 9(a)(1) of the Act to all threatened species. The
provisions at 50 CFR 17.31(c), however, also provide that the
prohibitions included at 50 CFR 17.31(a) do not apply if the Service
promulgates a rule under section 4(d) of the Act tailored to provide
for the conservation needs of a specific threatened species. Elsewhere
in today's Federal Register, we propose to issue a rule under section
4(d) of the Act (``4(d) rule'') that is tailored to the specific
threats to and conservation needs of the trispot darter. Until a 4(d)
rule is made final for this species, all prohibitions included at 50
CFR 17.31(a) apply to the trispot darter.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a final listing
on proposed and ongoing activities within the range of a listed
species. Activities that the Service believes could potentially harm
the trispot darter and result in ``take'' include, but are not limited
to:
(1) Unauthorized handling or collecting of the species;
(2) Destruction or alteration of the species' habitat by discharge
of fill material, dredging, snagging, impounding, channelization, or
modification of natural or artificial wet weather conveyances or
ephemeral, intermittent, or perennial stream channels or banks;
(3) Destruction of riparian habitat directly adjacent to natural or
artificial wet weather conveyances or ephemeral, intermittent, or
perennial stream channels that causes significant increases in
sedimentation and destruction of natural stream banks or channels;
(4) Discharge of pollutants into a natural or artificial wet
weather conveyances or ephemeral, intermittent, or perennial stream
channels, or into areas hydrologically connected to a natural or
artificial wet weather conveyances or ephemeral, intermittent, or
perennial stream channel occupied by the species;
(5) Diversion or alteration of surface or ground water flow; and
(6) Pesticide/herbicide applications in violation of label
restrictions.
Questions regarding whether specific activities constitute a
violation of section 9 of the Act should be directed to the Alabama
Ecological Services Field Office (see ADDRESSES).
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act, need not be prepared in connection with
listing a species as an endangered or threatened species under the
Endangered Species Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes. There are no tribal interests affected
by this rule.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at http://www.regulations.gov and upon request from the
Alabama Ecological Services Field Office (see ADDRESSES).
Authors
The primary authors of this final rule are the staff members of the
Alabama Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as follows:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.11(h) by adding an entry for ``Darter, trispot'' to
the List of Endangered and Threatened Wildlife in alphabetical order
under FISHES to read as set forth below:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
FISHES
* * * * * * *
Darter, trispot................. Etheostoma Wherever found.... T 83 FR [insert Federal
trisella. Register page where
the document begins],
12/28/2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 67140]]
Dated: October 25, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-27971 Filed 12-27-18; 8:45 am]
BILLING CODE 4333-15-P