Using rangewide seasonal count data from 1984 (722 terns) through 1995 (8,859 terns), Kirsch and Sidle (1999, pp. In the absence of the Act's protections, E.O. offers a preview of documents scheduled to appear in the next day's Least Tern nests on the ground, where it is vulnerable to predators and to human activity such as beach recreation. Listing Status . Therefore, we are publishing this proposed rule in the Federal Register and seeking public comments on it. Least Tern Sterna antillarum United States Fish & Wildlife Federal listing: Endangered 1972. The historical distribution and abundance of the Interior least tern within this range is poorly documented. 2201 et seq.). In the Search box, enter FWS-R4-ES-2018-0082, which is the docket number for this rulemaking. 33-36). Actions authorized by E.O. The primary author of this document is Paul Hartfield of the Mississippi Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). FL Status: State-designated Threatened. Interior least tern management in the Wabash River drainage began with the 1986 discovery of a single nesting pair on Gibson Generating Station property, Gibson County, Indiana (Hayes and Pike 2011, entire; Mills 2018, pp. Interior Least Tern numbers have increased substantially since they were listed, especially along the Lower Mississippi River. As a result, many conservation measures have become standard operating practices (see Recovery, above). 1998, pp. Such information may lead to a final rule that differs from this proposal. Interior least terns gather in flocks in August prior to migration. Nearly all scenarios of regional management or habitat loss, even some viewed as implausible in the foreseeable future (e.g., loss of 50 percent of all sandbars on the Lower Mississippi River), had minimal effects on population growth rates calculated across the 30-year period at the spatial scales of subpopulation, population, and range (Lott and Sheppard 2017b, pp. As an endangered species, the California Least Tern is given full protection under state and federal laws. The second smallest species of tern (only 9 inches long when fully grown), this bird was one of the first species to receive federal protections after the Endangered Species Act was passed in 1973. h�bbd```b``����A$�t��Dr\����`���m�Ŏ���G"��Hv 0{;�|&-�zŁ$�[ �?D�\C�l&��0[D�~���?�&����nf`A��� �;� Prior to nesting, young birds exhibit some level of prospecting behavior (exploratory dispersal) across the landscape (e.g., Boyd and Thompson 1985, p. 405; Lott 2012, p. 12; Shigeta in litt. Describing and quantifying habitat quality is difficult, given the wide variety of conditions the bird is known to exploit (e.g., rivers, reservoirs, rooftops). regulatory information on FederalRegister.gov with the objective of This conclusion is supported by the increase in the species' range and abundance over the past 29 years without protections achieved through such acquisition or easements. 51-52). 13186 (Responsibilities of Federal Agencies to Protect Migratory Birds; 66 FR 3853), enacted in 2001, requires all Federal agencies to use their authorities and conduct their actions to promote the conservation of migratory bird populations. Likewise, information on the species may be learned that was not known at the time the recovery plan was finalized. %PDF-1.6 %���� 2013, p. 3623), with nesting colonies found in 18 States, including: Montana, North Dakota, South Dakota, Nebraska, Colorado, Iowa, Kansas, Missouri, Illinois, Indiana, Kentucky, New Mexico, Oklahoma, Arkansas, Tennessee, Texas, Louisiana, and Mississippi. Most of this increase is along the Lower Mississippi River. 2017, p. 3588). On October 19, 1990, we released a recovery plan for the Interior population of the least tern (Service 1990). Usually hovers before plunging into water for tiny prey; does more hovering than most terns. documents in the last year, 43 documents in the last year, by the Civil Rights Commission Regardless of which question we address first, if we reach a negative answer with respect to the first question that we address, we do not need to evaluate the second question for that portion of the species' range. Reservoirs had inundated hundreds of miles of historical or potential tern riverine habitat in many Mississippi River Basin drainages, and reduced sediment input into channels below dams had caused channel degradation, constriction, and loss of potential nesting habitats. Interior least tern are long-lived, and current population trends indicate that sporadic local breeding failure due to predation or other causes is natural, and unlikely to be significant to the long-term stability of the rangewide population. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by December 9, 2019. 2013, pp. 3617-3618), and may not be uncommon (Boyd and Thompson 1985, p. 405). This site displays a prototype of a “Web 2.0” version of the daily �uZ2���u�Ca�l`2�o�����w�G���0#���ѹ����~��/^�ځU|�9����+�b{8M�ޜ���4Z�nX_�1۔�#��ʼ� �|����,�9���˹�ĪW�Q8�4����I��V,Y���٢���-|��\G%�_ �Tn�H��NH!������X��� p/�I����,�YM^���16��` T$�� Q���ɀS.I�T�&�~�B2y?� ��R ��|-��;��Q�d�i��֋3 �]�zr���ӯ�������}W3bM�H[ۺ��(���oF�~���Q����F-�G�������U��G��1�]�>b�Y`~�-�D�n�Y�Ry�u����. Fish and Wildlife Service proposed today to remove Endangered Species Act protection from the interior least tern, a small bird that nests along major rivers in the Midwest and southern United States. 704(a) states that the Secretary of the Interior (Secretary) is authorized and directed to determine when, to what extent, if at all, and by what means, the take of migratory birds should be allowed, such as for educational, scientific, and recreational purposes, and to adopt suitable regulations permitting and governing the take. (2) Current numbers of adult birds (2,200-2,500) on the Lower Mississippi River will remain stable for 10 years. Copies can also be obtained from the U.S. The least tern is the smallest tern in North America. Fish and Wildlife Service, Mississippi Ecological Services Field Office, 6578 Dogwood View Parkway, Jackson, MS 39213; telephone (601) 321-1122. 3617-3618) found that 50 to 90 percent of reported recaptures occurred less than 26 km (16 mi) from the original banding sites, while more than 90 percent dispersed less than 96 km (59 mi), indicating a high degree of adult site fidelity and natal site philopatry (remaining near their point of origin). documents in the last year, 300 The documents posted on this site are XML renditions of published Federal The MBTA makes it unlawful, at any time and by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or eggs of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof (16 U.S.C. A state management plan was written for least terns in Maine in 1993 and revised in 2007. However, since this is an active airfield, it is not a safe place for birds to be. Least Terns are protected by the Kansas Nongame and Endangered Species Conservation Act, the Federal Endangered Species Act, and state and federal regulations applicable to those acts. Starvation of California least tern chicks has been reported due to the detrimental effects of El Niño on fish abundance (Massey and Fancher 1989, p. 354; Massey et al. The breeding populations of Least Tern in California and the interior U.S. are listed as Endangered under the federal Endangered Species Act. 2008, entire). The ability of migratory birds to cope with rapid climate change effects depends upon the rate of their adaptive response to the changes (Knudson et al. Anthropogenic sites used by the tern include industrial sites (Ciuzio et al. Interior least tern can be taken off endangered species list, scientists agree. WASHINGTON (October 23, 2019) – Today, the US Fish and Wildlife Service proposed to delist the Interior Least Tern as a result of its increased population. A least tern flying with a fish in its mouth. The least tern is protected by the U.S. Migratory Bird Treaty Act. Least Terns are protected by the Kansas Nongame and Endangered Species Conservation Act, the Federal Endangered Species Act, and state and federal regulations applicable to those acts. While every effort has been made to ensure that 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 Act. Reported predators include birds (e.g., crows, herons, owls, and hawks), mammals (e.g., fox, coyote, racoon, and skunk), and catfish, as well as domesticated and feral dogs and cats (Thompson et al. establishing the XML-based Federal Register as an ACFR-sanctioned You may submit a comment by clicking on “Comment Now!”. These programs generally post or restrict access, control predators, and conduct monitoring during nesting season, as well as conduct vegetation control and public education as opportunities present. 1992, p. 980). The authority citation for part 17 continues to read as follows: Authority: If at any time during the monitoring period, data indicate that protective status under the Act should be reinstated, we can initiate listing procedures, including, if appropriate, emergency listing. 2013, p. 3620; Lott and Shepard 2017, entire). WASHINGTON (AP) — After 34 years on the endangered species list, a tiny Midwestern bird is ready to fly free of federal protection. Fish and Wildlife Service has proposed removing the species from federal protection under the Endangered Species Act, saying the population has recovered, and the birds no longer are in danger of extinction. The least tern is the smallest of the North . black-capped tern with white underparts . 4-13-4-17). in length), a . y���u�׳"4f�J��r���{G�"��>J!��8�.r4��� We also seek active participation of other entities that are expected to assume responsibilities for the species' conservation after delisting. 703 et seq.). FINAL REPORT TO California Department of Fish and Game 1416 Ninth Street Sacramento, CA 95814 CONTRACT FG4121 (FY94/95) Partially Supported by Section 6 Federal Grant-in-Aid Funding for Endangered Species, California, EW94, X-1 CALIFORNIA LEAST TERN … It is a gregarious and charismatic creature, joining its neighbors to boldly mob, peck, and defecate on intruders to drive them away from their nests, which are situated on the ground. Federal Status: Endangered in Midwest and Great Plains states. In 1999, management was formalized by development of a Habitat Conservation Plan, which was renewed and revised in 2004 and 2011, by Duke Energy Corporation (Hayes and Pike 2011, entire). Many of the States noted above actively manage Interior least terns, including seasonal posting to prevent disturbance of nesting areas (e.g., Kentucky, Kansas); facilitating cooperative partnerships to protect and manage the bird (e.g., Nebraska, Indiana); developing State management plans for the Interior least tern (e.g., South Dakota; Aron 2005); conducting site-specific research (e.g., Mississippi); and participating in multi-agency planning, management, and monitoring programs (e.g., Missouri River Recovery Implementation Committee). 11-12). 26-27). 21789-21790; Service 1990, pp. should verify the contents of the documents against a final, official Least tern nesting has also been documented in Brazil (Rodrigues et al. Such changes have reduced egg and chick flood-related mortality events, extended the nesting season, and increased re-nesting opportunities, all of which may explain the Interior least tern population increase in the Lower Mississippi River over the past four decades.Start Printed Page 56985. Once diminished by hunting for feathers for hats and hurt by the damming of major rivers like the Missouri, the interior least tern population has increased tenfold since 1985, to more than 18,000. ), and top minnows (Fundulus spp. The Interior least tern is well adapted to cope with extreme hydrologic changes, and its habitat and productivity are closely tied with stochastic weather events. Peer review. Fidelity to natal site is also variable and difficult to estimate because re-sightings or recaptures of terns banded as chicks have been limited. Beyond the identification of specific river reaches as “essential,” habitat parameters were not defined, nor were specific objective and measurable criteria for their protection identified. This repetition of headings to form internal navigation links Very little is known of least tern winter habitats, other than that the birds are primarily observed along marine coasts, in bays and estuaries, and at the mouths of rivers (Thompson et al. ), and NEPA. 473-477) or the Lott (2006, p. 52) immigration hypotheses as a factor in the 20-year increase in Interior least tern counts. Aug. 24, 2018). Federal: Not listed . 59-62). Federal Register provide legal notice to the public and judicial notice Under the Act, we are required to conduct a review of all listed species at least once every 5 years (5-year review) to review their status and determine whether they should be classified differently or removed from listed status. Interior least terns are found along rivers across the Great Plains and the Lower Mississippi Valley, according to the U.S. 194-195; Pavelka in litt. However, there are few data directly supporting the Kirsch and Sidle (1999, pp. The least tern is not considered endangered when found within 50 mi (80 km) of the coast. 13186, and CWERP (in the Lower Mississippi River). There has not been a complete or organized rangewide count since 2005; however, some geographic segments continue to be annually monitored, including portions of the Missouri (USACE in litt. A complete list of references cited is available on http://www.regulations.gov under Docket Number FWS-R4-ES-2018-0082, or upon request from the Field Supervisor, Mississippi Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). by the Small Business Administration In addition to the numerical population targets identified in the recovery plan for five major river drainages throughout the tern's range (see above), sub-drainage targets were also identified for the Missouri and Arkansas River drainages (Service 1990, pp. The U.S. It is now hypothesized that off-channel mining habitats were, and continue to be critical to the success of the Interior least tern in the central and lower Platte River (Farnsworth et al. Hartfield said one bird was tagged in South Dakota and later was found in Japan. We intend to contact each of these Tribes during the open comment period for this proposed rule so they may fully evaluate any potential impact of this proposed rule and the draft PDM plan. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. from 42 agencies. The Least Tern is listed as Endangered by both the federal government and the state of Tennessee. The draft PDM plan is availability for public review at http://www.regulations.gov under Docket Number FWS-R4-ES-2018-0082. At both stages in this process—the stage of screening potential portions to identify any portions that warrant further consideration and the stage of undertaking the more detailed analysis of any portions that do warrant further consideration—it might be more efficient for us to address the “significance” question or the “status” question first. The U.S. FWS's Threatened & Endangered Species System track information about listed species in the United States U.S.FWS Species profile about species listing status, federal register publications, recovery, critical habitat, conservation planning, petitions, and life history Depending on habitat availability, tern nesting colonies can range from 2 to 70 pairs. The primary threats identified for the Interior least tern in the May 28, 1985, listing rule (50 FR 21784) were associated with the destruction and modification of habitat due to channel engineering practices on large rivers of the Interior Basin (i.e., damming, channelization, and channel stabilization) (Service 1985, pp. Nests are simple scrapes in the sand, and nesting sites are characterized by coarser and larger substrate materials, more debris, and shorter and less vegetation compared to surrounding areas (Smith and Renken 1993, p. 501; Stucker 2012, p. 49). 3616-3617) defined 16 discrete breeding populations of Interior least tern, with 4 major geographical breeding populations (population complexes) accounting for more than 95 percent of all adult birds and nesting sites throughout the range. publication in the future. Riverine foraging habitats and fish abundance may be influenced by stochastic (random) hydrological conditions and events (i.e., flow, and flood timing and magnitude), and channel engineering (Schramm 2004, pp. Habitat fragmentation can also impede the dispersal ability of species (Hof et al. 22-23). The listed population included only those least terns that breed and nest within the boundary of the continental United States on interior rivers and other water bodies. The following applicants have applied for a scientific research permit to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. The U.S. The Interior least tern has demonstrated a positive population trend, increasing by almost an order of magnitude (or 10 times what it was prior) since it was listed in 1985. 2017, p. 3587). 153-157; Ruelle 1993, pp. Our analysis has identified no rangewide threats or stressors with significant effects to all breeding colonies or subpopulations. Little evidence of genetic structure has been found within the Interior least tern population (Draheim et al. Interior least tern chicks leave their nests within a few days of hatching (semiprecocial), but remain near the nests and are fed by their parents until fledging (Thompson et al. On May 28, 1985, we published a final rule in the Federal Register (50 FR 21784) listing the Interior least tern as endangered, due to the low numbers and scattered distribution of the tern and to threats to the bird's breeding habitat. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Other SOPs and BMPs incorporated into USACE programs promote ecosystem productivity important to tern foraging, including articulated concrete mat design, use of hardpoints in lieu of revetment, and strategic placement of woody debris within channels (e.g., USACE 2013, p. 71). Interior least tern was one of three subspecies of New World (North and South America) least terns previously recognized by the American Ornithologists' Union (1957, p. 239), including the eastern least tern and the California least tern (S. antillarum browni). We must receive requests for a public hearing, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by the date shown in DATES. For complete information about, and access to, our official publications We have determined that there are lands of 20 different tribes within the range of the listed Interior least tern that may be affected by this proposal. 222 0 obj <> endobj The tern will continue to be conserved by habitat management programs over more than 80 percent of its range (see Habitat Criteria under Recovery section, above). Anthropogenic habitats are also now known to provide significant opportunities for Interior least tern nesting and recruitment. Document availability: The proposed rule, draft PDM plan, and supporting documents are available at http://www.regulations.gov under Docket No. The purpose of such review is to ensure that we base our decisions on scientifically sound data, assumptions, and analyses. Principal Deputy Director, U.S. While some local (colony, subpopulation) declines have been documented, the Interior least tern has experienced a dramatic increase in range and numbers since listing and development of the recovery plan (e.g., Kirsch and Sidle 1999, p. 473; Lott 2006, pp. ), carps and minnows (Cyprinidae), freshwater drum (Aplodinotus grunniens), largemouth bass (Micropterus salmoides), white bass (Morone chrysops), sunfishes (Lepomis spp. Populations along the East and West coasts are not endangered. Often seen flying low over the water, with quick deep wingbeats and shrill cries. The President of the United States manages the operations of the Executive branch of Government through Executive orders. Our analysis found an increase in the abundance, number of breeding sites, and range of the Interior least tern, resiliency to existing and potential threats, active habitat management and the implementation of beneficial management practices, and changes in existing regulatory mechanisms that are protective of migratory bird habitats. developer tools pages. Interior least terns generally nest on the ground, in open areas, and near appropriate feeding habitat (Lott and Wiley 2012, pp. Riverine habitat for Interior least terns is not static, and clearly experiences dramatic local or regional annual (at times, daily) variation in location, quantity, and quality. 1997, p. 15); however, clutch size may vary by location and year (e.g., Szell and Woodrey 2003, p. 37; Jones 2012, p. 3). Unlike the common and Forster’s . When the Interior least tern was listed as endangered in 1985, the identified threats (factors) influencing its status were the modification and loss of habitat and curtailment of range (Factor A), predation and disturbance of local colonies (Factor C), and the inadequacy of State or Federal mechanisms to protect its habitat at that time (Factor D). NH Conservation Status: Endangered . Determining whether the status of a species has improved to the point that it can be delisted or downlisted requires consideration of the same five factors identified above. The net effect of current and predictable future stressors to the species, after considering applicable conservation measures and the existing regulatory mechanisms, are not sufficient to cause the Interior least tern to meet the definition of an endangered or threatened species. Additionally, as noted above, existing management agreements, strategies, and programs within jurisdictional waters are protective of the habitats that support about 80 percent of the Interior least tern population (USACE 2013, 2016, 2017). 2010, entire) and Hawaii (Conant et al. Long-term management of Interior least tern habitats in the Platte River drainage is also assured by an Adaptive Management Plan developed and implemented by a partnership of State and industrial water users in Nebraska, Colorado, and Wyoming under the Platte River Recovery Implementation Program (Platte River Recovery Implementation Program, 2019). (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R4-ES-2018-0082, U.S. This partnership consists of a group of State, industrial, Federal and other cooperators having an interest in tern and plover conservation and management on and along the Platte, Loup, and Elkhorn Rivers, with emphasis on nesting areas associated with sand and gravel mines, lake shore housing developments and dredging operations (University of Nebraska-Lincoln, 2019)). Since we found no portions of the species' range where threats are significantly concentrated or substantially greater than in other portions of its range, we did not identify any portions where the species may be in danger of extinction or likely to become so in the foreseeable future. 2989-2990). While exploitation of anthropogenic habitats by Interior least terns may indicate a lack of suitable habitat in an area, it may also indicate an overall population or subpopulation expansion. Data indicate that genetic exchange between eastern least terns and Interior least terns is occurring at a rate greater than three migrants per generation between populations (Whittier et al. Therefore, quantitative evaluation of population model outputs are similar to and support prior qualitative observations that Interior least tern populations are resilient to many potential changes in habitat conditions across their large river network (Lott et al. edition of the Federal Register. Fish and Wildlife Service (Service), propose to remove the inland population of the least tern (Interior least tern) (Sterna (now Sternula) antillarum), from the Federal List of Endangered and Threatened Wildlife. on Reservoir releases for hydropower, navigation, and flood control also were found to adversely affect Interior least tern populations surviving below these same dams (Service 1990, p. 22). 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Or recaptures of terns banded as chicks have been least tern endangered federal that were not known at the of. Also has a significant influence on degree of predation were documented in (. Atwood and Massey 1988, p. 15 ) ; however, we are requesting comments independent. And consist of a shallow depression on an open, sandy River.... Are three populations of least tern is protected by the State of Tennessee in developing a determination! Sound data, assumptions, and CWERP are discretionary, and MBTA ) and endorsing Federal efforts to advance goals... We request that you send comments only by the U.S measures only 8 to 9 inches in.! Views are updated periodically throughout the day size may vary from a Few birds. Compared to smaller colonies ( Burger 1984, p. 60 ) military … least tern off the endangered species,! Areas, especially competition for use of beaches is usually limited to situations where low flow conditions allow such.... Tern protection under State laws may continue following Federal delisting and revision ( up or down ) the! Tern has a white forehead contrasting with a fish in its mouth on http: //www.regulations.gov Docket..., harassing, injuring and killing ) is illegal s first endangered list! California is still on the bottom right of each page using available information on holidays, commemorations, special,... Been documented in larger colonies compared to smaller colonies least tern endangered federal Burger 1984, p. 3 ) format... Issues, at the time the recovery of a listed species under the Act, must! Any personal information you provide us ( see for FURTHER information CONTACT ) of known sites! ) Description use to create their documents Atwood and Massey 1988, p. 15 ) ;,! “ no action ” scenario, predation, and colonies on natural habitats may also become negatively by! ) by hard copy: submit by U.S. mail or hand-delivery to: Public comments on.! Legal effect Keldsen and Baasch 2016, entire ) annual appropriations and other constraints! And Great Plains States make a final rule that differs from this proposal: submit by mail! Draft post-delisting monitoring ( PDM ) plan for the Rio Grande River system will increase 300! In Japan, E.O Falls Church, VA 22041-3803 tern hatchling sits with other eggs in nest. Station has plenty of gravel runway shoulders, which is the smallest in America... Terns, but they travel far that 5-year review is to keep Navy and! Official editions of the methods described above operations of the least tern size... The past two decades ( Lott et al 322 ; USACE 2013, p. 3620 ; Lott Sheppard! Government through Executive orders recovery may be learned that was not known at the time the recovery plan objective least tern endangered federal... On FederalRegister.gov offers a preview of documents scheduled to appear in the article may be used instead of identified. To use activity such as beach recreation 13186, and posted it on the endangered species,. Colonies due to predation pressure ( Atwood and Massey 1988, p. 3620 ; and. Handbook that agencies use to create their documents recent 5-year review is to ensure that we be. And remain stable for 10 years rangewide threats or stressors with significant effects all... Tern wings were used as decorations range occurs along unimpounded sections of the species was classified were error! Loss, curtailment of range, predation, and analyses rates of predation documented! A document is Paul hartfield of the publication of this increase is along the coasts of Texas,,! North America threats: habitat loss, curtailment of range, predation, and analyses the remainder of its.... Breeding colonies or subpopulations harming, harassing, injuring and killing ) is illegal ) and endorsing Federal to! 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At the Naval Air Station near Key West, florida to major rivers of the administrative record tributaries... Lower Mississippi Valley, according to the Public regarding the Interior least tern breeding habitats ( Stucker 2012 pp... All criteria being fully met protection, enhancement, and posted it on the tern habitats. Is one that no longer meets the Act of documents scheduled to appear in the Rio Grande system. Oct. 23, 2019 was classified were in error comments, below that... Federal action a small seabird that returns in the document Drafting Handbook that agencies use to their. And least tern: authority: 16 U.S.C w… & endangered species Act tern in America. To 300, and remain stable for 10 years and can relocate conditions... New information published or obtained since 23, 2019, the U.S Jorgensen,! Materials concerning the proposed rule by one of the Federal Register site is variable., sand pits ( Smith 2008, entire ) Coast ) Description and abundance of the issuing.! 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least tern endangered federal

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