Fish and Wildlife Service 2013 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service, announce the availability of the approved Recovery Plan for Rogue and Illinois Valley Vernal Pool and Wet Meadow Ecosystems. The recovery plan addresses two endangered plant species that are endemic to southern Oregon, and also includes some recommendations for other species in these ecosystems. The plan includes recovery objectives and criteria, and prescribes specific recovery actions necessary to achieve downlisting and delisting of the species from the Federal List of Endangered and Threatened Wildlife and Plants.

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).

This notice informs the public that the North Slope Federal Subsistence Regional Advisory Council (Council) will hold a public meeting by teleconference on April 16, 2013. The public is invited to participate and to provide oral testimony. The purpose of the Council is to provide recommendations and information to the Federal Subsistence Board, to review policies and management plans, and to provide a public forum for subsistence issues.

We, the U.S. Fish and Wildlife Service (Service), advise interested parties of our intent to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare a draft Environmental Impact Statement (EIS) related to a permit application from Thurston County, Washington, for the incidental take of listed species. The permit application would be associated the South Puget Sound Prairie Habitat Conservation Plan (Prairie HCP), Thurston County, WA.

We, the U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Wildlife (CDFW), announce that the final environmental impact statement and environmental impact report (EIS/EIR) for the Llano Seco Riparian Sanctuary Unit Restoration and Princeton, Codora, Glenn & Provident Irrigation Districts (PCGID-PID) Pumping Plan/Fish Screen Facility Protection Project is now available. The final EIS/EIR, which we prepared and now announce in accordance with the National Environmental Policy Act of 1969 (NEPA), describes the alternatives identified to protect the pumping plant and fish screen facility located at river mile 178.5 on the Sacramento River, and to restore the Riparian Sanctuary Unit of the Sacramento River National Wildlife Refuge.

The U.S. Fish and Wildlife Service (Service) announces the availability of a draft revised recovery plan for the pallid sturgeon (Scaphirhynchus albus). This species is federally listed as endangered under the Endangered Species Act of 1973, as amended (Act). The Service solicits review and comment from the public on this draft revised plan.

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 Federal authorization is acquired that allows such activities.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment (EA) for islands that are part of the National Wildlife Refuge System in Lakes Huron, Michigan, and Superior. The CCP includes Gravel Island, Green Bay, Harbor Island, Huron, and Michigan Islands National Wildlife Refuges (Great Lakes Islands Refuges). In this final CCP, we describe how we intend to manage the refuges for the next 15 years.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for permits to conduct activities with the purpose of enhancing the survival of endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits certain activities with respect to endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered or threatened species. With some exceptions, the Endangered Species Act of 1973, as amended (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.

We, the U.S. Fish and Wildlife Service, determine threatened status for the yellow-billed parrot (Amazona collaria) under the Endangered Species Act of 1973, as amended (Act). This final rule implements the Federal protections provided by the Act for this species. We are also publishing a special rule for this species. In addition, we are correcting the special rule for the salmon-crested cockatoo (Cacatua moluccensis), which published in the Federal Register on May 26, 2011.

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 Fish and Wildlife Service (Service), have received an application from Volusia County CouncilEngineering (applicant), for a 2-year incidental take permit (ITP; TE98767A-0) under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application and accompanying proposed habitat conservation plan (HCP), 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), announce the reopening of the comment period on the July 10, 2012, revised proposal to designate critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) (shrew) under the Endangered Species Act of 1973, as amended (Act). We announce a revision of the unit map labels. We provide maps with correct labels for all proposed units herein. We also announce the availability of a draft economic analysis (DEA) of the revised critical habitat proposal, and of an amended required determinations section of the revised proposal. We are reopening the comment period for an additional 60 days to allow all interested parties an opportunity to comment on the revised proposed rule, the associated DEA, and the amended required determinations section. Furthermore, we announce a public hearing for the purpose of taking oral or written comments on those documents. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service, propose to revise our regulations regarding the approval of nontoxic shot types to make the regulations easier to understand. The language governing determination of Expected Environmental Concentrations (EECs) in terrestrial and aquatic ecosystems is altered to make clear the shot size and number of shot to be used in calculating the EECs. We propose to specify the pH levels to be used in calculating the EEC in water. We also propose to move the requirement for in vitro testing to Tier 1, which will allow us to better assess applications and minimize the need for Tier 2 applications. We propose to add language for withdrawal of alloys that have been demonstrated to have detrimental environmental or biological effects, or for which no suitable field-testing device is available. We expect these changes to reduce the time required for nontoxic shot approvals. Finally, we propose to charge fees to cover our costs in evaluating these applications.

We, the Fish and Wildlife Service (Service), have waived the 30-day public notice period and have issued an endangered species permit to address emergency veterinary care for an injured green sea turtle (Chelonia mydas) in the U.S. Virgin Islands.

We, the United States, as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), will attend the sixteenth regular meeting of the Conference of the Parties to CITES (CoP16) in Bangkok, Thailand, during March 3-14, 2013. This notice announces the availability of tentative U.S. negotiating positions on amendments to the CITES Appendices (species proposals), draft resolutions and decisions, and agenda items submitted by other countries and the CITES Secretariat for consideration at CoP16.

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 Federal authorization is acquired that allows such activities.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application for a permit to conduct activities with the purpose of enhancing the survival of endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits certain activities with respect to endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.

The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2013 season. These regulations enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes region-specific regulations that go into effect on April 2, 2013, and expire on August 31, 2013.

We, the U.S. Fish and Wildlife Service (Service), amends it regulations which implement the Endangered Species Act of 1973, as amended (ESA), to create a special rule under authority of section 4(d) of the ESA that provides measures that are necessary and advisable to provide for the conservation of the polar bear (Ursus maritimus), while also including appropriate prohibitions from section 9(a)(1) of the ESA.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application to conduct certain activities with endangered or threatened species. With some exceptions, the Endangered Species Act of 1973, as amended (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.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and a Habitat Conservation Plan (HCP). SP Behavioral, LLC (the applicant) requests an ITP under the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking about 2.99 acres of foraging, breeding, and sheltering habitat used by the Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay), Eastern indigo snake (Drymarchon courais cooperii) (indigo snake), and gopher tortoise (Gopherus polyphemus), incidental to land preparation and for the construction of the Sandy Pines Residential Treatment Center Addition in Martin County, Florida. The applicant's HCP describes the minimization and mitigation measures proposed to address the effects of the project on the covered species.

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 August 31, 2013. 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), designate critical habitat for Astragalus lentiginosus var. coachellae (Coachella Valley milk-vetch) under the Endangered Species Act of 1973, as amended. In total, approximately 9,603 acres (3,886 hectares) in the Coachella Valley area of Riverside County, California, fall within the boundaries of this critical habitat designation.

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 Federal authorization is acquired that allows such 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. 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 (USFWS), are extending the public comment period on documents related to the draft revised summer survey guidelines for the Indiana bat (Myotis sodalis) for an additional 30 days. We announced availability of these documents in our January 9, 2013, Federal Register notice, which opened a 30-day public comment period. If you have previously submitted comments, you do not need to resubmit them. We have already incorporated them in the public record and will fully consider them in our final USFWS guidelines. The draft guidelines were prepared by representatives of the U.S. Department of Agriculture's Forest Service, U.S. Department of Defense's Army Corps of Engineers, U.S. Department of the Interior's Geological Survey and USFWS, Kentucky Department of Fish and Wildlife Resources, New York State Department of Environmental Conservation, and the Indiana Department of Natural Resources. We request review and comment on the guidelinesalong with acoustic identification software testing criteria our 2013 contingency planfrom local, State, and Federal agencies and 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 (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.

We, the U.S. Fish and Wildlife Service (Service), are initiating 5-year status reviews for 44 species in Oregon, Hawaii, Guam, and the Northern Mariana Islands, under the Endangered Species Act of 1973, as amended (Act). A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any new information on these species that has become available since the last review for that particular species.

We, the U.S. Fish and Wildlife Service (Service), propose to remove the island night lizard (Xantusia riversiana) from the Federal List of Endangered and Threatened Wildlife. This action is based on a review of the best available scientific and commercial information, which indicates that the species no longer meets the definition of endangered species or threatened species under the Endangered Species Act of 1973, as amended (Act). This proposed rule, if made final, would remove the island night lizard as a threatened species from the List of Endangered and Threatened Wildlife. This document also constitutes our 12-month finding on a petition to remove the island night lizard from the Federal List of Endangered and Threatened Wildlife.

We, the U.S. Fish and Wildlife Service, propose to list the distinct population segment of the North American wolverine occurring in the contiguous United States, as a threatened species under the Endangered Species Act. If we finalize this rule as proposed, it would extend the Act's protections to this species. The effect of this regulation is to add the distinct population segment of the North American wolverine occurring in the contiguous United States to the List of Endangered and Threatened Wildlife in our regulations. We also propose a special rule under section 4(d) of the Act to apply the specific prohibitions of the Act necessary to protect the wolverine. We find that critical habitat is not determinable at this time. The Service seeks data and comments from the public on this proposed listing rule, the proposed special rule under section 4(d) of the Act, and our finding that the designation of critical habitat for the species is not determinable at this time.

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 Federal authorization is acquired that allows such activities.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application for a permit to conduct activities with the purpose of enhancing the survival of endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits certain activities with respect to endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.

We, the U.S. Fish and Wildlife Service (USFWS), 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.

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 Federal authorization is acquired that allows such activities.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the August 22, 2012, proposed listing and proposed designation of critical habitat for the Austin blind salamander, Georgetown salamander, Jollyville Plateau salamander, and Salado salamander under the Endangered Species Act of 1973, as amended. Based on additional salamander locations we identified during the 60- day comment period, we are proposing to revise previously proposed critical habitat units for the Georgetown and Jollyville Plateau salamanders. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the four central Texas salamanders, an amended required determinations section of the proposal, an amended exclusions section of the proposal, and the availability of a refined impervious cover analysis. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the original proposed rule, this revised proposed rule, the associated draft economic analysis, the amended required determinations and exclusions sections, and the refined impervious cover analysis. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule. Document Availability: You may obtain copies of the original proposed rule, this revised proposed rule, the draft economic analysis, and the refined impervious cover analysis on the Internet at https:// www.regulations.gov at Docket No. FWS-R2-ES-2012-0035 or Docket No. FWS-R2-ES-2013-0001 or by mail from the Austin Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for the Zuni bluehead sucker. If we finalize this rule as proposed, it would extend the Act's protections to this subspecies' critical habitat. The effect of these regulations will be to protect the Zuni bluehead sucker's habitat under the Act.

We, the U.S. Fish and Wildlife Service (Service), are reopening the public comment period for an application from the Black- footed Ferret Recovery Implementation Coordinator for an enhancement of survival permit under the Endangered Species Act of 1973, as amended (ESA). The documents available for public review are a draft programmatic Safe Harbor Agreement (Agreement) to reintroduce the federally endangered black-footed ferret on properties of voluntary participants across the species' range to further recovery of this species and a draft environmental assessment (EA) pursuant to the National Environmental Policy Act (NEPA). If you have previously submitted comments, please do not resubmit them, because we have already incorporated them in the public record and will fully consider them in our final decision.

We, the U.S. Fish and Wildlife Service (Service), propose to establish a nonessential experimental population (NEP) of the Topeka shiner (Notropis topeka), a federally endangered fish, under the authority of section 10(j) of the Endangered Species Act of 1973, as amended (Act). This proposed rule provides a plan for reintroducing Topeka shiners into portions of the species' historical range in Adair, Gentry, Harrison, Putnam, Sullivan, and Worth Counties, Missouri and provides for allowable legal incidental taking of the Topeka shiner within the defined NEP area. Topeka shiners will not be reintroduced into the NEP area until after we issue a final regulation that establishes the NEP.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered or threatened species. The Endangered Species Act of 1973, as amended (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, 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 Federal authorization is acquired that allows such activities.

We, the U.S. Fish and Wildlife Service (Service), in cooperation with the State of Alaska, propose to establish a nonessential experimental population of wood bison in central Alaska, in accordance with section 10(j) of the Endangered Species Act of 1973, as amended. This proposal, if made final, would also establish provisions under which wood bison in Alaska would be managed. We are seeking comments on this proposal and on our draft environmental assessment, prepared pursuant to the National Environmental Policy Act of 1969, as amended, which analyzes the potential environmental impacts associated with the proposed reintroduction.

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

The Fish and Wildlife Service (hereinafter Service) will conduct an open meeting on February 6, 2013, to identify and discuss preliminary issues concerning the 2013-14 migratory bird hunting regulations.

The U.S. Fish and Wildlife Service (Service) proposes to establish a policy that covers Service procedures for accepting, using, and recognizing donations. This draft donations policy is an extension of the Department of the Interior's guidance on donations, found in the Departmental Manual (DM) at 374 DM 6. It focuses on the ethical considerations of all types of donations, as opposed to our Fish and Wildlife Service Manual (FW) guidance, 342 FW 5, Non-Purchase Acquisition, which covers the acquisition of real property rights by methods other than purchase, including donation. If finalized, this draft policy would establish procedures for reviewing and evaluating potential donors and donations. It lists delegations of authority for accepting donations and the roles and responsibilities of the Service's Donations Senior Manager and employees authorized to accept donations. It provides guidance on soliciting donations, where appropriate, and provides general guidance on fundraising by non-Federal entities on the Service's behalf. It also covers recognition of donors. We propose to incorporate this draft policy as 212 FW 8 in the Fish and Wildlife Service Manual (https://www.fws.gov/policy/manuals/).

We, the Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and associated National Environmental Policy Act (NEPA) documents for Sam D. Hamilton Noxubee National Wildlife Refuge (NWR) in Noxubee, Oktibbeha, and Winston Counties, Mississippi. We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Native-American tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process.

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 2014-15 and 2015-16 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, propose to designate critical habitat for the Gunnison sage-grouse (Centrocercus minimus) 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 this species' critical habitat. The effect of this regulation is to designate critical habitat for the Gunnison sage-grouse under the Act. In total, approximately 689,675 hectares (ha) (1,704,227 acres (ac)) are being proposed for designation as critical habitat in Chaffee, Delta, Dolores, Gunnison, Hinsdale, Mesa, Montrose, Ouray, Saguache, and San Miguel Counties in Colorado, and in Grand and San Juan Counties in Utah.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered or threatened species. The Endangered Species Act of 1973, as amended (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), are reinitiating scoping with regard to the environmental impact statement (EIS) for the proposed Otay River Estuary Restoration Project. As originally proposed, the project involved the restoration of estuarine and salt marsh (subtidal and intertidal wetlands) habitats within the western terminus of the Otay River and a portion of the salt ponds in the San Diego Bay National Wildlife Refuge-South San Diego Bay Unit. Based on information developed since the original scoping period, the proposed project may now also include the restoration of a portion of the D Street Fill, located within the San Diego Bay National Wildlife Refuge-Sweetwater Marsh Unit. We originally published a notice of intent on November 14, 2011 (76 FR 70480), and scoping comments were accepted through January 12, 2012. Since then, we have expanded the Area of Potential Effect of the restoration project to include the salt ponds and D Street Fill within the San Diego Bay National Wildlife Refuge. This second notice advises the public that we intend to gather additional information through scoping regarding an EIS for the expanded project. We encourage the public and other agencies to participate in the NEPA scoping process by sending written suggestions and information on the issues and concerns that should be addressed in the draft EIS, including the range of alternatives, appropriate mitigation measures, and the nature and extent of potential environmental impacts. Comments submitted during the earlier scoping period do not need to be resubmitted.

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) prohibit activities with listed species unless Federal authorization is acquired that allows such activities.

We, the U.S. Fish and Wildlife Service (Service), propose to list as endangered the Honduran emerald hummingbird (Amazilia luciae) under the Endangered Species Act of 1973, as amended (Act). This species is endemic to a small area in Honduras, and the population is estimated to be less than 1,000 and decreasing. Its suitable habitat has decreased in the past 100 years and continues to diminish. This document also serves as the completion of the status review (also known as the 12-month finding). We seek information from the public on the proposed listing for this species.