Fish and Wildlife Service 2011 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for Sunkhaze Meadows National Wildlife Refuge (NWR) and Carlton Pond Waterfowl Production Area (WPA). 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, 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.

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 (Service), propose to designate critical habitat for the Chiricahua leopard frog (Lithobates chiricahuensis) under the Endangered Species Act of 1973, as amended. In total, we are proposing to designate approximately 11,136 acres (4,510 hectares) as critical habitat for the Chiricahua leopard frog. The proposed critical habitat is located in Apache, Cochise, Gila, Graham, Greenlee, Pima, Santa Cruz, and Yavapai Counties, Arizona; and Catron, Hidalgo, Grant, Sierra, and Socorro Counties, New Mexico. In addition, because of a taxonomic revision of the Chiricahua leopard frog, we are reassessing the status of and threats to the currently described species Lithobates chiricahuensis and proposing the listing as threatened of the currently described species.

The Fish and Wildlife Service (Service) proposes regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walruses during year-round oil and gas industry (Industry) exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period are similar to, and include all activities covered by the previous 5-year Beaufort Sea incidental take regulations that were effective from August 2, 2006, through August 2, 2011. We propose a finding that the total expected takings of polar bears and Pacific walruses during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. We base this finding on the results of 17 years of data on the encounters and interactions between polar bears, Pacific walruses, and Industry; recent studies of potential effects of Industry on these species; oil spill risk assessments; potential and documented Industry impacts on these species; and current information regarding the natural history and status of polar bears and Pacific walruses. We are proposing that this rule be effective for 5 years from date of issuance.

We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973, as amended (Act), announce the initiation of a status review for the longfin smelt (Spirinchus thaleichthys). 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, which will address whether the listing may be warranted, as provided in section 4(b)(3)(B) of the Act.

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.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Texas kangaroo rat, Dipodomys elator, as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Texas kangaroo rat may be warranted. Therefore, with the publication of this notice, we are initiating a status review to determine if listing the Texas kangaroo rat is warranted. To ensure 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, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the Fish and Wildlife Service (Service), announce the availability of incidental take permit (ITP) applications and a Habitat Conservation Plan (HCP). Johns Island Club, Incorporated, and the Church of God by Faith (applicants) request ITPs under the Endangered Species Act of 1973, as amended (Act). The applicants anticipate taking about 1.75 acres of Florida scrub-jay (Aphelocoma coerulescens) (scrub- jay) breeding, feeding, and sheltering habitat incidental to land preparation for the extension and paving of a road, the construction of a fellowship hall and storm water retention area, and the expansion and paving of a parking lot located in Indian River County, Florida (project). The permanent alteration of 1.75 acres is expected to result in the take of two families of scrub-jays. The applicants' HCP describes the minimization and mitigation measures proposed to address the effects of the project on the scrub-jay.

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 Canaan Valley 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 (Service), announce a public teleconference of the Wildlife and Hunting Heritage Conservation Council (Council).

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 an application for a permit to conduct enhancement of survival activities with an endangered species.

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, announce a 90-day finding on a petition to list the wild plains bison (Bison bison bison), or each of four distinct population segments (DPSs), as threatened under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition does not present substantial information indicating that listing may be warranted. 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 wild plains bison or its habitat at any time.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list Thorne's hairstreak butterfly (Callophrys [Mitoura] gryneus thornei) as endangered under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing Thorne's hairstreak butterfly 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 Thorne's hairstreak butterfly or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Astragalus hamiltonii (Hamilton milkvetch), Penstemon flowersii (Flowers penstemon), Eriogonum soredium (Frisco buckwheat), Lepidium ostleri (Ostler's peppergrass), and Trifolium friscanum (Frisco clover) as threatened or endangered under the Endangered Species Act of 1973 (ESA), as amended. After review of all available scientific and commercial information, we find that listing A. hamiltonii and P. flowersii is not warranted at this time. However, we ask the public to submit to us new information that becomes available concerning the threats to A. hamiltonii and P. flowersii or their habitat at any time. We find that listing E. soredium, L. ostleri, and T. friscanum as threatened or endangered is warranted. However, currently listing E. soredium, L. ostleri, and T. friscanum is precluded by higher priority actions to amend the Federal Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add E. soredium, L. ostleri, and T. friscanum to our candidate species list. We will develop proposed rules to list E. soredium, L. ostleri, and T. friscanum as our priorities allow. We will make determinations on critical habitat during development of the proposed listing rules. In the interim period, we will address the status of the candidate taxa through our annual Candidate Notice of Review.

We, the U.S. Fish and Wildlife Service (Service), determine threatened status for the New Zealand/Australia distinct population segment of the southern rockhopper penguin (Eudyptes chrysocome) 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), propose to revise critical habitat designation for the Rhadine exilis (ground beetle, no common name); Rhadine infernalis (ground beetle, no common name); Helotes mold beetle (Batrisodes venyivi); Cokendolpher Cave harvestman (Texella cokendolpheri); Robber Baron Cave meshweaver (Cicurina baronia); Madla Cave meshweaver (Cicurina madla); and Braken Bat Cave meshweaver (Cicurina venii) under the Endangered Species Act of 1973, as amended (Act). We also propose to designate critical habitat for the Government Canyon Bat Cave meshweaver (Cicurina vespera) and Government Canyon Bat Cave spider (Neoleptoneta microps). These species are collectively known as the nine Bexar County invertebrates. In total, we are proposing approximately 6,906 acres (ac) (2,795 hectares (ha)) as critical habitat for these invertebrates. The proposed critical habitat is located in Bexar County, Texas.

We, the U.S. Fish and Wildlife Service (Service), announce the availability for public comment of draft Wind Energy Guidelines (Guidelines). These draft Guidelines are intended to supersede the Service's 2003 voluntary, interim guidelines for land-based wind development. Additionally, they are intended to respond to accelerated development of land-based, wind energy generation projects in the United States. These draft voluntary Guidelines provide developers and agency staff with an iterative process to make the best possible decisions in selecting sites to avoid and minimize negative effects to fish, wildlife and their habitats resulting from construction, operation and maintenance of land-based, wind energy facilities.

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the sand verbena moth, Copablepharon fuscum, as endangered or threatened under the Endangered Species Act of 1973, as amended. Based on our review, we find the petition presents substantial information indicating that listing the sand verbena moth 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 sand verbena moth 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 will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

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

This proposed rule would revise the regulations concerning the composition of the Federal Subsistence Board (Board). On October 23, 2009, the Secretary of the Interior announced the initiation of a Departmental review of the Federal Subsistence Management Program in Alaska. The review focused on how the program is meeting the purposes and subsistence provisions of the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), and how the program is serving rural subsistence users. The review proposed several administrative and regulatory changes to strengthen the program and make it more responsive to rural users. One proposed change called for adding two public members representing rural Alaskan subsistence users to the existing Board, which would afford additional regional representation and increase stakeholder input in the decisionmaking process.

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), announce a public business meeting of the U.S. Coral Reef Task Force (USCRTF) on February 24, 2011, and a request for written comments. This meeting, the 25th 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 Web site under SUPPLEMENTARY INFORMATION. Advance public comment must be submitted by February 19, 2011, to Liza Johnson at the e-mail, fax, or mailing address listed below. This meeting has time allotted for sharing of in-person public comments, which must be submitted in written format by March 12, 2011.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list the Pacific walrus (Odobenus rosmarus divergens) as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended. After review of all the available scientific and commercial information, we find that listing the Pacific walrus as endangered or threatened is warranted. Currently, however, listing the Pacific walrus 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 Pacific walrus to our candidate species list. We will develop a proposed rule to list the Pacific walrus as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. Consistent with section 4(b)(3)(C)(iii) of the Endangered Species Act, we will review the status of the Pacific walrus through our annual Candidate Notice of Review.

We, the U.S. Fish and Wildlife Service (Service), recently announced our receipt of an application from Kaheawa Wind Power II, LLC (KWP II) for an incidental take permit (permit) under the Endangered Species Act of 1973, as amended (ESA). KWP II is requesting an incidental take permit under the ESA to authorize take of three federally endangered and one threatened bird species. We are reopening the comment period on this permit application and the associated Draft Environmental Assessment (EA), Draft Habitat Conservation Plan (HCP), and proposed Implementation Agreement (IA). 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.

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, methods and means related to taking of wildlife for subsistence uses during the 2012-2013 and 2013-2014 regulatory years. The Federal Subsistence Board is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This rule would also amend the general regulations on subsistence taking of fish and wildlife.

We, the U.S. Fish and Wildlife Service, are designating revised critical habitat for Brodiaea filifolia (thread-leaved brodiaea) under the Endangered Species Act of 1973, as amended (Act). Approximately 2,947 acres (ac) (1,193 hectares (ha)) in 10 units are being designated as revised critical habitat for B. filifolia in Los Angeles, San Bernardino, Riverside, Orange, and San Diego Counties, California.

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), will reintroduce whooping cranes (Grus americana) into historic habitat in southwestern Louisiana with the intent to establish a nonmigratory flock. We are designating this reintroduced population as a nonessential experimental population (NEP) under section 10(j) of the Endangered Species Act of 1973 (ESA), as amended. The geographic boundary of the NEP includes the entire State of Louisiana. The objectives of the reintroduction are: to advance recovery of the endangered whooping crane; to implement a primary recovery action; to further assess the suitability of Louisiana as whooping crane habitat; and to evaluate the merit of releasing captive-reared whooping cranes, conditioned for wild release, as a technique for establishing a self- sustaining, nonmigratory population. The only natural wild population of whooping cranes remains vulnerable to extirpation through a natural catastrophe or contaminant spill, due primarily to its limited wintering distribution along the Texas gulf coast. If successful, this action will result in the establishment of an additional self- sustaining population, and contribute toward the recovery of the species. No conflicts are envisioned between the whooping crane's reintroduction and any existing or anticipated Federal, State, Tribal, local government, or private actions such as agriculture-aquaculture- livestock practices, oil/gas exploration and extraction, pesticide application, water management, construction, recreation, trapping, or hunting.

We, the Fish and Wildlife Service (Service), have received an application from the (Applicant) for an incidental take permit (ITP) TE30950A-0 for 5 years under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application and accompanying proposed habitat conservation plan (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 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 Tennessee National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

The U.S. Fish and Wildlife Service published FR Doc. 2010- 26655 in the Federal Register on October 21, 2010, announcing availability of the draft revised Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Selawik National Wildlife Refuge. The document identified a review period ending on January 15, 2011. Due to the holiday rush and delayed postal delivery of some materials for public involvement, we are concerned that many people will not be able to meet our deadline; therefore we are reopening the comment period until March 15, 2011.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plan and draft environmental impact statement (Draft CCP/EIS) for the Willapa National Wildlife Refuge (refuge) for public review and comment. In the Draft CCP/EIS, we described our alternatives, including our preferred alternative, for managing the refuge for 15 years following approval of the final CCP.

We, the U.S. Fish and Wildlife Service (Service), propose to list two freshwater mussels, the spectaclecase mussel (Cumberlandia monodonta) and sheepnose (Plethobasus cyphyus) as endangered under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would extend the Act's protections to these species throughout their ranges, including sheepnose in Alabama, Illinois, Indiana, Iowa, Kentucky, Minnesota, Mississippi, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin, and spectaclecase in Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Kansas, Minnesota, Missouri, Nebraska, Ohio, Tennessee, Virginia, West Virginia, and Wisconsin. We determined that 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.

We, the U.S. Fish and Wildlife Service (Service/USFWS), are removing the plant Erigeron maguirei (commonly referred to as Maguire daisy) from the List of Endangered and Threatened Plants. The best scientific and commercial data available indicate that this species has recovered and no longer meets the definition of endangered or threatened under the Endangered Species Act of 1973, as amended (ESA). Our review of the status of this species shows that populations are stable, threats are addressed, and adequate regulatory mechanisms are in place so that the species is not currently, and is not likely to again become, an endangered species within the foreseeable future in all or a significant portion of its range. Finally, we announce the availability of the final post-delisting monitoring plan for Maguire daisy.

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

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.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a land protection plan (LPP) and associated National Environmental Policy Act (NEPA) documents pursuant to NEPA and its implementing regulations to establish the Everglades Headwaters National Wildlife Refuge (NWR) and the Everglades Headwaters Conservation Area. The Service is furnishing this notice in compliance with the National Wildlife Refuge System Administration Act of 1966, as amended, to achieve the following: advise other agencies, Tribal governments, and the public of our intentions and obtain suggestions and information on the scope of issues to include in the environmental documents. Special mailings, newspaper articles, and other media announcements will inform people of the opportunities for input throughout the planning process.

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 Back Bay 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 (Service), announce the availability of the draft comprehensive conservation plan and the environmental assessment (CCP/EA) for Elizabeth Hartwell Mason Neck (Mason Neck) National Wildlife Refuge (NWR) and Featherstone NWR for a 45-day public review and comment period. The draft CCP/EA describes three alternatives for managing Mason Neck NWR and two alternatives for managing Featherstone NWR for the next 15 years. Alternative B is identified for both refuges as the Service-preferred alternative. Also available for public review and comment are the draft compatibility determinations, which are included as appendix B in the draft CCP/EA.