Fish and Wildlife Service 2010 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce a meeting of the Lake Champlain Sea Lamprey Control Alternatives Workgroup (Workgroup). The Workgroup's purpose is to provide, in an advisory capacity, recommendations and advice on research and implementation of sea lamprey control techniques alternative to lampricide that are technically feasible, cost effective, and environmentally safe. The primary objective of the meeting will be to discuss potential research initiatives that may enhance alternative sea lamprey control techniques. The meeting is open to the public.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status for the following seven Brazilian bird species and subspecies (collectively referred to as ``species'' for purposes of this rule) under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.): Black-hooded antwren (Formicivora erythronotos), Brazilian merganser (Mergus octosetaceus), cherry- throated tanager (Nemosia rourei), fringe-backed fire-eye (Pyriglena atra), Kaempfer's tody-tyrant (Hemitriccus kaempferi), Margaretta's hermit hummingbird (Phaethornis malaris margarettae), and southeastern rufous-vented ground-cuckoo (Neomorphus geoffroyi dulcis).

We (U.S Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on February 28, 2011. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing these permits.

This notice advises the public that we, the U.S. Fish and Wildlife Service (Service), have received applications for incidental take permits pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act) from the County of Santa Clara; Cities of San Jose, Gilroy, and Morgan Hill; Santa Clara Valley Transportation Authority, and Santa Clara Valley Water District (Applicants). The Applicants prepared the Draft Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan (HCP/NCCP) pursuant to section 10(a)(1)(B) of the Act and the California Natural Community Conservation Planning Act of 2002 (NCCPA). This notice announces the availability of the permit applications, Draft HCP/NCCP, Draft Implementing Agreement (IA), and Draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for public review and comment. The Service is considering the issuance of a 50-year incidental take permit for 21 Covered Species in a 509,883-acre Permit Area. A seventh applicant will also be considered for permit coverage; the Implementing Entity (likely a joint powers agency) that will form prior to permit issuance. The Implementing Entity is described in the Draft HCP/NCCP and Draft IA and would be composed of representatives from each of the Applicants. The Applicants are requesting a permit to incidentally take 11 animal species and are seeking assurances for 10 plant species. The permit is needed because take of species could occur as a result of proposed Covered Activities.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit activities with listed species unless a Federal permit is issued that allows such activities. Both laws require that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei) (PMJM) in Colorado, where it is listed as threatened in a Significant Portion of the Range (SPR) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 411 miles (mi) (662 kilometers (km)) of rivers and streams and 34,935 acres (ac) (14,138 hectares (ha)) fall within the boundaries of revised critical habitat in Boulder, Broomfield, Douglas, El Paso, Jefferson, Larimer, and Teller Counties.

We, the U.S. Fish and Wildlife Service, propose to list the dunes sagebrush lizard (Sceloporus arenicolus), a lizard known from southeastern New Mexico and adjacent west Texas, as endangered under the Endangered Species Act of 1973, as amended. If we finalize the rule as proposed, it would extend the Act's protections to this species. We have determined that critical habitat for the dunes sagebrush lizard is prudent but not determinable at this time.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the North American wolverine (Gulo gulo luscus) as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that the North American wolverine occurring in the contiguous United States is a distinct population segment (DPS) and that addition of this DPS to the Lists of Endangered and Threatened Wildlife and Plants is warranted. Currently, however, listing the contiguous U.S. DPS of the North American wolverine is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the contiguous U.S. DPS of the wolverine to our candidate species list. We consider the current range of the species to include portions of the States of Washington, Idaho, Montana, Wyoming, Colorado, Utah, Oregon, and California. However, due to the dispersal abilities of individual wolverines, we expect that wolverines are likely to travel outside the currently occupied area. We will develop a proposed rule to list this DPS as our priorities allow (see section on Preclusion and Expeditious Progress). We will make any determination on critical habitat during development of the proposed listing rule. In the interim, we will address the status of this DPS through our annual Candidate Notice of Review.

We, the Fish and Wildlife Service (Service), have received an application from the (Applicant) for an extension of incidental take permit (ITP) TE176788-0 for 5 years under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application and plan, as well as on our preliminary determination that the plan qualifies as low-effect under the National Environmental Policy Act (NEPA). To make this determination we used our environmental action statement and low-effect screening form, which are also available for review.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the vermilion darter (Etheostoma chermocki) under the Endangered Species Act of 1973, as amended (Act). We designate as critical habitat approximately 21.0 kilometers (km) (13.0 miles (mi)) of stream in 5 units within the Turkey Creek watershed in Jefferson County, AL.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA law requires that we invite public comment before issuing these permits.

The following applicants have applied for scientific research permits to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act). The Act requires that we invite public comment on these permit applications.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA), regarding an expected application from the Orange County Transportation Authority (OCTA), for an incidental take permit (permit) authorizing incidental take of federally threatened and endangered wildlife species under the Endangered Species Act of 1973, as amended (ESA). We and OCTA intend to gather information necessary to prepare a joint Environmental Impact Report (EIR)/EIS for the Measure M2 (M2) Natural Community Conservation Plan/Habitat Conservation Plan/Master Streambed Alteration Agreement (NCCP/HCP/ MSAA). We are furnishing this notice to announce the initiation of a public scoping period, during which we invite other agencies, Tribes, and the public to submit written comments providing suggestions and information on the scope of issues and alternatives to be addressed in the EIS.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment (EA) for the Laguna Atascosa National Wildlife Refuge (NWR). In this final CCP, we describe how we will manage this refuge for the next 15 years.

We (U.S. Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This information collection is scheduled to expire on November 30, 2010. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for the Bandon Marsh, Nestucca Bay, and Siletz Bay National Wildlife Refuges (NWRs), in or near the towns of Bandon, Pacific City, Neskowin, and Lincoln City, Oregon. We will also prepare an environmental assessment (EA) to evaluate the potential effects of various CCP alternatives. We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intentions and to obtain suggestions and information on the scope of issues to consider during the planning process. We are also announcing public meetings and requesting public comments.

We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on April 30, 2011. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We, the U.S. Fish and Wildlife Service (FWS), are extending the public comment period for the draft national plan to assist States, Federal agencies, and Tribes in managing white-nose syndrome (WNS) in bats. See SUPPLEMENTARY INFORMATION for details. If you have already submitted comments, please do not resubmit them; we have already incorporated them in the public record and will fully consider them in our final decision.

The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). The TMC interprets and recommends policy, coordinates and reviews management actions, and provides organizational budget oversight. This notice announces a TAMWG meeting, which is open to the public.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).

In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number (LPN) to each species or to determine that species should be removed from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms, previously called candidate forms) for each candidate species. Overall, this CNOR recognizes five new candidates, changes the LPN for four candidates, and removes one species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of species that are candidates for listing is 251. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period October 1, 2009, through September 30, 2010. We request additional status information that may be available for the 251 candidate species identified in this CNOR.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Kaheawa Wind Power II, LLC (KWP II) (Applicant) for an incidental take permit (permit) under the Endangered Species Act of 1973, as amended (ESA). The Applicant is requesting an incidental take permit under the ESA to authorize take of three Federally endangered and one threatened bird species. The permit application includes a draft Habitat Conservation Plan (HCP) and a draft Implementing Agreement (IA). We also announce the availability of a draft Environmental Assessment (EA) that has been prepared in response to the permit application in accordance with requirements of the National Environmental Policy Act (NEPA). We are making the permit application package and draft EA available for public review and comment.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public and interested persons may present oral or written statements.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list Cirsium wrightii (Wright's marsh thistle) as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find that listing C. wrightii as endangered or threatened throughout its range is warranted. Currently, however, listing of C. wrightii is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add C. wrightii to our candidate species list. We will develop a proposed rule to list C. wrightii as our priorities allow. We will make any determination on critical habitat during development of the proposed rule. In the interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review.

The following applicants have applied for scientific research permits, or the Fish and Wildlife Service is amending their existing permit, to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act). The Act requires that we invite public comment on these permit applications.

We (U.S Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on November 30, 2010. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Bay Springs salamander (Plethodon ainsworthi) as endangered under the Endangered Species Act of 1973, as amended. Based on our review, we find the petition does not present substantial information indicating that listing may be warranted at this time. Therefore, we are not initiating a status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the Bay Springs salamander or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), propose to list the rayed bean (Villosa fabalis) and snuffbox (Epioblasma triquetra) as endangered throughout their ranges, under Endangered Species Act of 1973, as amended (Act). This proposed rule, if made final, would extend the Act's protection to the rayed bean and the snuffbox. We have determined that designating critical habitat for these species is prudent, but not determinable at this time. The Service seeks data and comments from the public on this proposed listing rule.

The Bureau of Reclamation (Reclamation) and the Fish and Wildlife Service (Service), as the National Environmental Policy Act (NEPA) Federal joint lead agencies, and the State of California Department of Fish and Game (DFG), acting as the California Environmental Quality Act State lead agency, have made available for public review and comment the Suisun Marsh Habitat Management, Preservation, and Restoration Plan (SMP) Draft EIS/EIR. The SMP is a comprehensive 30-year plan designed to address various conflicts regarding use of resources within approximately 51,000 acres of the Suisun Marsh (Marsh), with the focus on achieving an acceptable multi- stakeholder approach to the restoration of tidal wetlands and the enhancement of managed wetlands and their functions.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) regarding an expected application from Pacific Gas & Electric Company (PG&E) for a permit authorizing incidental take of Federally listed species under the Endangered Species Act of 1973, as amended (ESA).We are revising our previous notice of intent (NOI) of November 2008 in order to gather information necessary to prepare a joint EIS/environmental impact report (EIR) on the habitat conservation plan (HCP) for PG&E's operation, maintenance, and minor new construction activities in the North Coast, Central Coast, Sacramento Valley, and Sierra regions.

We, the U.S. Fish and Wildlife Service (Service), propose to change the status of spikedace (Meda fulgida) and loach minnow (Tiaroga cobitis) from threatened to endangered under the Endangered Species Act of 1973, as amended, and to designate critical habitat for both species. In total, we are proposing approximately 1,168 kilometers (726 mi) of streams as critical habitat for spikedace, and 1,141 kilometers (709 miles) of streams as critical habitat for loach minnow. The proposed critical habitat is located in Apache, Cochise, Gila, Graham, Greenlee, Navajo, Pima, Pinal, and Yavapai Counties, Arizona, and Catron, Grant, and Hidalgo Counties in New Mexico.

We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on May 31, 2011. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The New Hampshire Fish and Game Department (NHFGD) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival Permit under the Endangered Species Act of 1973 (ESA), as amended. The requested permit would authorize take of the New England cottontail (Sylvilagus transitionalis; hereafter, NEC) resulting from certain habitat improvement and land use activities should the species be listed as endangered or threatened in the future. The permit application includes a proposed Candidate Conservation Agreement with Assurances (CCAA) between the NHFGD and the Service. In accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA), we have prepared a draft categorical exclusion of the impacts of the requested permit. We are accepting comments on the permit application, proposed CCAA, and draft NEPA document.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Pacific Renewable Energy Generation LLC (applicant) for an incidental take permit under the Endangered Species Act of 1973, as amended (Act). We are considering issuing an incidental take permit (ITP) that would authorize the applicant's take of the federally endangered El Segundo Blue Butterfly incidental to otherwise lawful activities that would result in the loss of Coast Buckwheat, which serves as butterfly habitat. We invite comments from the public on the application, which includes the Geotechnical Boring Project Habitat Conservation Plan (HCP), and on our preliminary determination that the HCP qualifies as a low-effect plan that is eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended.

On June 9, 2010, by unanimous vote, the U.S.-Russia Polar Bear Commission established by the ``Agreement Between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population,'' signed at Washington, DC, on October 16, 2000, adopted a limit to the take of the Alaska-Chukotka polar bear population. The decision of the Commission is that the total take should be limited to 58 bears per year to be shared between the United States of America and the Russian Federation. Both the United States and the Russian Federation are proceeding to implement the decision of the Commission.

We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species, marine mammals or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Klamath Marsh National Wildlife Refuge (NWR). The CCP describes how we will manage the Refuge for the next 15 years.

We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on February 28, 2011. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We, the U.S. Fish and Wildlife Service (Service), propose to establish a policy to guide Service employees to increase efficiency and effectiveness in achieving the Service's mission through partnerships with Friends organizations (volunteer/advocate). Today, Friends organizations play a vital role in helping to fulfill the Service's mission of ``working with others, to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.'' This draft policy provides guidance for Service employees who work with Friends organizations to increase community involvement in our programs. Specifically, it includes guidance regarding financial and administrative practices, Friends Partnership Agreements, and revenue generating operations. We propose to incorporate this draft policy as Part 633, chapters 1-4 of the Fish and Wildlife Service Manual.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Environmental Assessment (EA) for Crane Meadows National Wildlife Refuge (NWR). Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA requires that we invite public comment before issuing these permits.

The Kaua`i Island Utility Cooperative (KIUC) (Applicant) has submitted an application to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (permit) under the Endangered Species Act of 1973, as amended (ESA). The Applicant is requesting a permit to authorize incidental take of the federally endangered Hawaiian petrel (Pterodroma sandwichensis), the federally threatened Newell's (Townsends) shearwater (Puffinus auricularis newelli), and the band-rumped storm-petrel (Oceanodroma castro), a Federal candidate species that could become listed during the term of the permit (collectively, these three species are hereafter referred to as the ``Covered Species''). The permit application includes a draft Habitat Conservation Plan (HCP) that describes the Applicant's actions and the measures the Applicant will implement to minimize, mitigate, and monitor incidental take of the Covered Species, and a draft Implementing Agreement (IA). The Service also announces the availability of a draft Environmental Assessment (EA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act (NEPA). We are making the permit application package and draft EA available for public review and comment.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment (EA) for Nomans Land Island National Wildlife Refuge (NWR). In this final CCP, we describe how we will manage this refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list the Sacramento splittail (Pogonichthys macrolepidotus) as endangered or threatened under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find that listing the Sacramento splittail is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to the Sacramento splittail or its habitat at any time.

These guidelines set forth best practices that we, the Fish and Wildlife Service, find are appropriate for safely and nonlethally deterring polar bears from damaging private and public property and endangering the public. Anyone deciding to carry out the deterrence measures or practices set out in this rule may do so without our written authorization or supervision. As discussed in the background section of the proposed rule (75 FR 21571) as well as in our responses to public comments, we authorize other, more aggressive deterrence activities through separate provisions of the Marine Mammal Protection Act. This rule is being promulgated to better inform the public on the safe deterrence of polar bears as directed under the MMPA and not because of specific or recurring incidences.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA requires that we invite public comment before issuing these permits.

This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), collectively the Services, advise interested parties of our intent to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare an environmental impact statement (EIS) related to incidental take permit (ITP) applications from the Washington Department of Fish and Wildlife (WDFW) for incidental take of species listed under the Endangered Species Act (ESA), as well as unlisted species should they become listed during the term of the proposed permit. The WDFW has identified specific land management and recreation activities that currently occur on state Wildlife Areas that may cause incidental take. In support of the ITP applications, the WDFW is proposing to implement a habitat conservation plan (HCP) on approximately 900,000 acres of their state Wildlife Areas. The term of the proposed HCP and ITP's will occur after the public scoping process.

We, the U.S. Fish and Wildlife Service, propose to revise the regulations regarding permit provisions for waterfowl. Specifically, we propose to revise certain permit provisions for the muscovy duck (Cairina moschata) at 50 CFR 21.14, 21.25, and 21.54. We take this action to address public concerns resulting from a final rule we published on March 1, 2010 (75 FR 9316), that revised the regulations for the muscovy duck. We request comments from the public on these proposed changes to the regulations.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the pygmy rabbit (Brachylagus idahoensis) as endangered or threatened under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find the listing of the pygmy rabbit is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to the pygmy rabbit or its habitat at any time.

We, the U.S. Fish and Wildlife Service, determine endangered status for the African penguin (Spheniscus demersus) under the Endangered Species Act of 1973, as amended. This final rule implements the Federal protections provided by the Act for this species.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Barkwood Development, LLC (applicant) for an incidental take permit under the Endangered Species Act of 1973, as amended (Act). We are considering issuance of an incidental take permit (ITP) that would authorize the applicant's take of the federally endangered Morro shoulderband snail (Helminthoglypta walkeriana) incidental to a 5.5-acre (239,580-square foot) redevelopment project in the community of Los Osos, San Luis Obispo County, California. We invite comments from the public on the application, which includes the Bahia Vista Estates Habitat Conservation Plan (HCP), and on our preliminary determination that the HCP qualifies as a low-effect plan that is eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended.

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

We, the U.S. Fish and Wildlife Service (Service), give notice of our intent to adopt the National Park Service's (NPS) existing final environmental impact statement/environmental impact report (EIS/EIR) for the Wetland and Creek Restoration at Big Lagoon, Muir Beach, California (project). We are considering approving a grant application by the California State Coastal Conservancy (CSCC) to assist with implementing restoration activities that have been identified and reviewed under the NPS' existing final EIS/EIR for the project. Based on our independent evaluation, adoption of the EIS/EIR would meet Department of Interior (DOI) and Service National Environmental Policy Act (NEPA) procedures and guidelines. In order to meet our NEPA requirements for approval of CSCC's grant application, we are recirculating the EIS/EIR for written public comment via this notice, in accordance with Service adoption requirements.

We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).

The U.S. Fish and Wildlife Service (``we'' or ``the Service'') is proposing a permit regulation to authorize the possession and use of migratory birds in educational programs and exhibits. The proposed rule also would revise existing regulations authorizing public exhibition of eagles. In addition, it would remove the permit exemption for some public institutions for possession of live migratory birds and migratory bird specimens, and clarify that birds held under the exemption must be used for conservation education. For specimens such as feathers, parts, carcasses, nonviable eggs, and nests, the regulations would be updated and clarified to more accurately reflect the types of institutions that may hold specimens for public educational purposes. The regulations would allow exempt institutions to transfer migratory birds to individuals and entities authorized by permit to possess them. Sale and purchase by permittees and exempt institutions would be restricted to properly-marked, captive-bred birds.

We, the U.S. Fish and Wildlife Service, announce a public meeting of the Wildlife and Hunting Heritage Conservation Council (Council).

The U.S. Fish and Wildlife Service (Service) announces the availability of a draft revised recovery plan for the Utah prairie dog (Cynomys parvidens). This species is federally listed as threatened under the Endangered Species Act of 1973, as amended (Act). The Service solicits review and comment from the public on this draft revised plan.

Under the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service) is advising the public of the availability of the final Environmental Impact Statement (FEIS) associated with an application received from the Oregon Parks and Recreation Department (OPRD) for an incidental take permit (permit) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). We also announce the availability of the OPRD Habitat Conservation Plan (HCP) as required by section 10(a)(2)(B) of the ESA. OPRD submitted the HCP, as well as a proposed Implementing Agreement (IA), as part of its incidental take permit application. If issued, the permit would authorize incidental take of the federally listed as threatened western snowy plover (Charadrius alexandrinus nivosus) caused by the OPRD and private landowners that engage in activities related to public use and recreation, beach management, and resource management activities along Oregon's coastal shores. The OPRD is requesting a 25-year permit term. We request comments from the public on the permit application, the HCP, the IA, and the FEIS, all of which are available for review. The Service is furnishing this notice to allow other agencies and the public an opportunity to review and comment on these documents. All comments received will become part of the public record and will be available for review pursuant to section 10(c) of the ESA. For locations to review the documents, please see the Availability of Documents section below.

We, the U.S. Fish and Wildlife Service (Service), are reviewing a petition to list, under the Lacey Act, all live amphibians or their eggs in trade as injurious unless certified as free of Batrachochytrium dendrobatidis (chytrid fungus). The importation and introduction of live amphibians infected with chytrid fungus into the natural ecosystems of the United States may pose a threat to interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States. An injurious wildlife listing would prohibit the importation of live amphibians or their eggs infected with chytrid fungus into, or transportation between, States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States by any means, without a permit. We may issue permits for scientific, medical, educational, or zoological purposes. This document seeks information from the public to aid in determining if a proposed rule is warranted.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Pearl Harbor National Wildlife Refuge (refuge) for public review and comment. The Draft CCP/ EA describes our proposal for managing the refuge for the next 15 years.

We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Savannah Coastal Refuges' Complex (Complex) for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this Complex for the 15 years following approval of the final CCP. The Complex consists of the following refuges: Pinckney Island; Savannah; Tybee; Wassaw; Harris Neck; Blackbeard Island; and Wolf Island. A separate CCP was prepared for the Wolf Island National Wildlife Refuge.

The Fish and Wildlife Service proposes to add one refuge to the list of areas open for hunting and/or sport fishing and increase the activities available at seven other refuges, along with pertinent refuge-specific regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2010-2011 season.

We, the U.S. Fish and Wildlife Service, announce the revised taxonomy of Lesquerella filiformis (Missouri bladderpod), Sedum integrifolium ssp. leedyi (Leedy's roseroot), and Mimulus glabratus var. michiganensis (Michigan monkey-flower) under the Endangered Species Act of 1973, as amended (Act). We are revising the List of Endangered and Threatened Plants to reflect the current scientifically accepted taxonomy and nomenclature of these species. We revise the scientific names of these species as follows: Physaria filiformis (=Lesquerella f.), Rhodiola integrifolia ssp. leedyi (=Sedum integrifolium ssp. l.), and Mimulus michiganensis (=M. glabratus var. michiganensis), respectively.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a revised comprehensive conservation plan (CCP) and environmental assessment (EA) for Little River National Wildlife Refuge, located in McCurtain County, Oklahoma. We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act requires that we invite public comment before issuing these permits.

In accordance with the requirements of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), invite the public to comment on applications for permits to conduct enhancement of survival activities with endangered species.

We, the U.S. Fish and Wildlife Service (Service), propose endangered status under the Endangered Species Act of 1973, as amended (Act), for the Ozark hellbender (Cryptobranchus alleganiensis bishopi) throughout its entire range. The species is found in southern Missouri and northern Arkansas. If we finalize this proposed rule, it would extend the Act's protection to the Ozark hellbender. However, we find that designation of critical habitat is not prudent for the Ozark hellbender at this time, because the increased threat to the species from illegal collection and trade outweighs the benefits of designating critical habitat. We seek data and comments from the public on this proposed listing rule and prudency determination.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan (CCP) and draft environmental impact statement (DEIS) for Charles M. Russell and UL Bend National Wildlife Refuges (NWRs, Refuges) in Montana for public review and comment. In these documents, we describe alternatives, including our proposed action, to manage these refuges for the 15 years following approval of the final CCP.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the white-sided jackrabbit as endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find that listing the full species, Lepus callotis, is not warranted at this time. We further find that listing one or both of the subspecies, Lepus callotis callotis and Lepus callotis gaillardi, is not warranted at this time. We find that listing the northern populations of the subspecies L. c. gaillardi as a Distinct Population Segment is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to the full species of the white-sided jackrabbit, or to either of the two currently recognized subspecies, or the species' habitat at any time.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on November 30, 2010. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The following applicants have applied for scientific research permits to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act). The Act requires that we invite public comment on these permit applications.

This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2010-11 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the early-season migratory bird hunting regulations.

In response to substantial public interest and requests to extend the comment period, we, the U.S. Fish and Wildlife Service, extend the scoping period on a notice of intent to gather information necessary to prepare an Environmental Impact Statement (EIS) on the proposed issuance of an Endangered Species Act (ESA) permit (incidental take permit and associated Habitat Conservation Plan) for the Beech Ridge Wind Energy Project (HCP). Pursuant to the National Environmental Policy Act (NEPA), we seek suggestions and information from the public on the scope of issues and alternatives to be included in the EIS. Comments previously submitted need not be resubmitted as they have been incorporated into the public record and will be fully considered in the final decision on the permit application.

Under the National Environmental Policy Act (NEPA), we, the Fish and Wildlife Service (Service), advise the public that we intend to gather information necessary to prepare an environmental impact statement (EIS) on the draft Alabama Beach Mouse General Conservation Plan (ABM GCP) Project. We are preparing the ABM GCP under the Endangered Species Act of 1973, as amended (Act). We provide this notice to (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIS.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Black Bayou Lake National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), are removing the Utah (desert) valvata snail (Valvata utahensis) from the Federal List of Endangered and Threatened Wildlife (List). Based on a thorough review of the best available scientific and commercial data, we determined that the Utah valvata snail is more widespread and occurs in a greater variety of habitats in the Snake River than known at the time of listing in 1992. We now know the Utah valvata snail is not limited to areas of cold-water springs or spring outflows; rather, it persists in a variety of aquatic habitats, including cold-water springs, spring creeks and tributaries, the mainstem Snake River and associated tributary stream habitats, and reservoirs influenced by dam operations. Given our current understanding of the species' habitat requirements and threats, the species does not meet the definition of an endangered or threatened species under the Act. Therefore, we are removing the Utah valvata snail from the List, thereby removing all protections provided by the Act.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Calopogon oklahomensis (Oklahoma grass pink orchid) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the plant species, C. oklahomensis, as endangered or threatened may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing C. oklahomensis as endangered or threatened is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review,

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit activities with listed species unless a Federal permit is issued that allows such activities. Both laws require that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), propose to reintroduce whooping cranes (Grus americana), a federally listed endangered species, into habitat in its historic range in southwestern Louisiana with the intent to establish a nonmigratory flock that lives and breeds in the wetlands, marshes, and prairies there. We propose to classify the flock as a nonessential experimental population (NEP) according to section 10(j) of the Endangered Species Act of 1973 (Act), as amended. Releases will be within the historic breeding area in southwestern Louisiana near White Lake in Vermilion Parish. This proposed rule provides a plan for establishing the NEP and provides for allowable legal incidental take of whooping cranes within the defined NEP area. The objectives of the reintroduction are to advance recovery of the endangered whooping crane. No conflicts are envisioned between the reintroduction and any existing or anticipated Federal, State, Tribal, local government, or private actions such as oil/gas exploration and extraction, aquacultural practices, agricultural practices, pesticide application, water management, construction, recreation, trapping, or hunting.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plan (CCP), draft wilderness stewardship plan (WSP), and environmental assessment (EA) for Protection Island and San Juan Islands National Wildlife Refuges (NWRs, Refuges) for public review and comment. The Draft CCP/WSP/EA describes our alternatives, including our preferred alternative, for managing the Refuges for the 15 years following approval of the final CCP/WSP.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Brian Head mountainsnail (Oreohelix parawanensis) as endangered or threatened under the Endangered Species Act of 1973 (Act), as amended. Based on our review, we find that the petition does not present substantial information indicating that listing the species may be warranted. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the mountainsnail or its habitat at any time. This information will help us monitor and encourage the conservation of this species.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan and environmental impact statement (final CCP/EIS) for the Lewis and Clark National Wildlife Refuge and the Julia Butler Hansen Refuge for the Columbian White-tailed Deer (refuge or collectively, refuges). These refuges are located in Wahkiakum County, Washington, and Clatsop and Columbia Counties, Oregon. In the final CCP/EIS, we describe how we propose to manage these refuges for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the tiger (Panthera tigris) from the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended. We find that the petition does not present substantial scientific or commercial information indicating that removing the species from the List of Endangered and Threatened Wildlife may be warranted. Therefore, we will not initiate a status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of the tiger or threats to it or its habitat at any time. This information will help us monitor and encourage the conservation of this species.

The Advisory Group for the Neotropical Migratory Bird Conservation Act (NMBCA) grants program (Advisory Group) will meet in person and via conference call to discuss strategic planning and communication, budget and legislation updates, and other topics. This meeting is open to the public, and interested persons may present oral or written statements.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Arctostaphylos franciscana (Franciscan manzanita or San Francisco manzanita) as endangered under the Endangered Species Act of 1973, as amended, (Act) and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the species is warranted. To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition,

We, the U.S. Fish and Wildlife Service (Service), announce a public meeting of the U.S. Coral Reef Task Force (USCRTF) and a request for written comments. This meeting, the 24th biannual meeting of the USCRTF, provides a forum for coordinated planning and action among Federal agencies, State and territorial governments, and nongovernmental partners. Please register in advance by visiting the website under SUPPLEMENTARY INFORMATION. Advance public comment must be submitted by August 27, 2010, to Liza Johnson at the e-mail, fax, or

We, the U.S. Fish and Wildlife Service, announce a public meeting of the Sport Fishing and Boating Partnership Council (Council).

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on two petitions to list the Mexican gray wolf (Canis lupus baileyi) (Mexican wolf) as an endangered subspecies and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). Although not listed as a subspecies, the Mexican wolf is currently listed as endangered within the broader listing of gray wolves. Based on our review, we find that the petitions present substantial scientific or commercial information indicating that the Mexican wolf subspecies may warrant listing such that reclassifying the Mexican wolf as a separate subspecies may be warranted. One of the petitions also requested listing of the Mexican wolf as an endangered

We, the U.S. Fish and Wildlife Service (Service), determine threatened status for five penguins: The yellow-eyed penguin (Megadyptes antipodes), white-flippered penguin (Eudyptula minor albosignata), Fiordland crested penguin (Eudyptes pachyrhynchus), Humboldt penguin (Spheniscus humboldti), and erect-crested penguin (Eudyptes sclateri) under the Endangered Species Act of 1973, as amended (Act).

We announce our receipt of an application to conduct certain activities pertaining to enhancement of survival of endangered species. The Endangered Species Act requires that we invite public comment on this permit application.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The Both laws require that we invite public comment before issuing these permits.

The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2010-11 early-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions. This proposed rule also provides the final regulatory alternatives for the 2010-11 duck hunting seasons.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status for the medium tree-finch (Camarhynchus pauper) under the Endangered Species Act of 1973, as amended (Act). This species is native to Floreana Island, one of the Galapagos Islands in Ecuador. This rule implements the protections of the Act for this species.