Fish and Wildlife Service 2023 – Federal Register Recent Federal Regulation Documents

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Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Environmental Assessment; Sacramento Municipal Utility District Operations, Maintenance, and New Construction Habitat Conservation Plan, Sacramento County, CA
Document Number: 2023-28719
Type: Notice
Date: 2023-12-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Sacramento Municipal Utility District (applicant) for an incidental take permit (permit) under the Endangered Species Act and an accompanying draft habitat conservation plan (plan). We also announce the availability of a draft environmental assessment pursuant to the National Environmental Policy Act. We request public comment on the application, which includes the applicant's proposed plan, and the Service's draft environmental assessment. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Black-Capped Petrel
Document Number: 2023-28456
Type: Rule
Date: 2023-12-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the black-capped petrel (Pterodroma hasitata), a pelagic seabird species that nests on the island of Hispaniola and spends the rest of its life at sea. The species forages in high concentration off the coast of North Carolina; however, the marine range extends across much of the western Atlantic (Nova Scotia to Venezuela) and into the Caribbean Sea and northern Gulf of Mexico. This rule extends the protections of the Act to the black-capped petrel.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-28470
Type: Notice
Date: 2023-12-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for the Southern Beaufort Sea Stock of Polar Bears on the North Slope of Alaska
Document Number: 2023-28428
Type: Notice
Date: 2023-12-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from the Bureau of Land Management, propose to authorize nonlethal incidental take by harassment of small numbers of Southern Beaufort Sea (SBS) polar bears (Ursus maritimus) for 1 year from the date of issuance. The applicant requested this authorization for take by harassment that may result from activities associated with oil well plugging and reclamation, soil sampling, snow trail, pad, and airstrip construction, and summer cleanup activities in the North Slope Borough of Alaska between the Wainwright and Oliktok Areas. This proposed authorization, if finalized, will be for up to 18 takes of polar bears by Level B harassment and up to 3 takes of polar bears by non-serious Level A harassment. No serious Level A or lethal take is requested, expected, or proposed to be authorized.
Draft Revised National European Green Crab Management and Control Plan
Document Number: 2023-28361
Type: Notice
Date: 2023-12-26
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service announces the availability of the draft revised National European Green Crab Management and Control Plan (2023 EGC plan). The Aquatic Nuisance Species Task Force recently approved the 2023 EGC plan to be posted in the Federal Register for public comment. We invite comment from the public and local, State, Tribal, Federal agencies, and other relevant parties.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for Coal Darter With Section 4(d) Rule
Document Number: 2023-27873
Type: Proposed Rule
Date: 2023-12-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the coal darter (Percina brevicauda), a small, benthic freshwater fish native to the Mobile River Basin in Alabama, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the coal darter. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the coal darter as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule'') to provide for the conservation of the species. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
Endangered and Threatened Wildlife and Plants; Ten Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-27966
Type: Proposed Rule
Date: 2023-12-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that 10 species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Hupp's Hill cave beetle (Pseudanophthalmus parvicollis), Hubbard's cave beetle (Pseudanophthalmus hubbardi), overlooked cave beetle (Pseudanophthalmus praetermissus), Shenandoah cave beetle (Pseudanophthalmus limicola), Little Kennedy cave beetle (Pseudanophthalmus cordicollis), Holsinger's cave beetle (Pseudanophthalmus holsingeri), Hubricht's cave beetle (Pseudanophthalmus hubrichti), silken cave beetle (Pseudanophthalmus sericus), Pinale[ntilde]o talussnail (Sonorella grahamensis), and San Xavier talussnail (Sonorella eremita). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for West Virginia Spring Salamander and Designation of Critical Habitat
Document Number: 2023-27741
Type: Proposed Rule
Date: 2023-12-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the West Virginia spring salamander (Gyrinophilus subterraneus), an amphibian species from Greenbrier County, West Virginia, as an endangered species and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the West Virginia spring salamander. After a review of the best available scientific and commercial information, we find that listing the species is warranted. We also propose to designate critical habitat for the West Virginia spring salamander under the Act. In total, approximately 3.5 kilometers (2.2 miles) in Greenbrier County, West Virginia, fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for the West Virginia spring salamander. If we finalize this rule as proposed, it would extend the Act's protections to the species and its designated critical habitat.
Notice of Intent To Prepare a Supplemental Environmental Impact Statement To Reconsider a Highway Right-of-Way Application and Associated Amendment of an Incidental Take Permit, Washington County, Utah; Correction
Document Number: 2023-27545
Type: Notice
Date: 2023-12-15
Agency: Fish and Wildlife Service, Department of the Interior, Bureau of Land Management
This notice corrects the scoping comment period of the Notice of Intent to Prepare a Supplemental Environmental Impact Statement to Reconsider a Highway Right-of-Way Application and Associated Amendment of an Incidental Take Permit, Washington County, Utah, published in the Federal Register on November 16, 2023. The initial notice had an incorrect end date of the scoping period of December 18, 2023. The correct end date of the scoping period is December 21, 2023.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Migratory Bird Surveys
Document Number: 2023-27119
Type: Notice
Date: 2023-12-11
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection, with changes.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-26970
Type: Notice
Date: 2023-12-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing the requested permits, we will take into consideration any information that we receive during the public comment period.
Three Incidental Permit Applications and Proposed Habitat Conservation Plans; Lake, Volusia, and Orange Counties, FL; Reopening of Comment Periods
Document Number: 2023-26977
Type: Notice
Date: 2023-12-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are reopening the comment periods on notices announcing three incidental take permit applications, three proposed habitat conservation plans, and related documents. We are taking this action because of a disruption in the public's access to regulations.gov as a means of viewing documents and submitting comments when the three notices were initially published. We invite comments from the public and local, State, Tribal, and Federal agencies. If you already submitted a comment, you do not need to resubmit it.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Toothless Blindcat and the Widemouth Blindcat; Extension of Comment Period
Document Number: 2023-26853
Type: Proposed Rule
Date: 2023-12-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our August 22, 2023, proposed rule to list the toothless blindcat (Trogloglanis pattersoni) and widemouth blindcat (Satan eurystomus), two cavefish species from the Edwards Aquifer in Bexar County, Texas, as endangered species under the Endangered Species Act of 1973, as amended (Act). We are reopening the proposed rule's comment period to give all interested parties an additional opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted, as they are already incorporated into the public record and will be fully considered in our final determinations.
Foreign Endangered Species; Receipt of Permit Application
Document Number: 2023-26851
Type: Notice
Date: 2023-12-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on an application to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Endangered and Threatened Wildlife and Plants: Threatened Status With Section 4(d) Rule for the Northern and Southern Distinct Population Segments of the Western Spadefoot
Document Number: 2023-26579
Type: Proposed Rule
Date: 2023-12-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the northern distinct population segment (DPS) of the western spadefoot (Spea hammondii), an amphibian occurring in central and northern California, and the southern DPS of the western spadefoot, occurring in southern California and northwestern Mexico, as threatened DPSs under the Endangered Species Act of 1973 (Act), as amended. This determination serves as our 12-month finding on a petition to list the western spadefoot range-wide. After a review of the best scientific and commercial information available, we find that listing the northern and southern DPSs of the western spadefoot as threatened is warranted. Accordingly, we propose to list the northern and southern DPSs of the western spadefoot as threatened DPSs with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add the northern DPS and southern DPS of the western spadefoot to the List of Endangered and Threatened Wildlife and extend the Act's protections to the two DPSs. Due to the current lack of data sufficient to perform required analyses, we conclude that the designation of critical habitat for the northern DPS and southern DPS of the western spadefoot is not determinable at this time.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-26546
Type: Notice
Date: 2023-12-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Aquatic Nuisance Species Task Force Meeting
Document Number: 2023-26423
Type: Notice
Date: 2023-12-01
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service gives notice of a public meeting of the Aquatic Nuisance Species (ANS) Task Force in accordance with the Federal Advisory Committee Act. The purpose of the ANS Task Force is to develop and implement a program for U.S. waters to prevent introduction and dispersal of aquatic invasive species; to monitor, control, and study such species; and to disseminate related information.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for North American Wolverine
Document Number: 2023-26206
Type: Rule
Date: 2023-11-30
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the distinct population segment (DPS) of the North American wolverine (Gulo gulo luscus) occurring in the contiguous United States. This rule adds the contiguous U.S. DPS of the North American wolverine to the Federal List of Endangered and Threatened Wildlife. We are also issuing an interim rule under the authority of section 4(d) of the Act (an ``interim 4(d) rule'') that provides the prohibitions, and exceptions to those prohibitions, necessary and advisable for the conservation of the contiguous U.S. DPS of the North American wolverine.
Agency Information Collection Activities; Submission to the Office of Management and Budget; U.S. Fish and Wildlife Service Grassland Easements
Document Number: 2023-26294
Type: Notice
Date: 2023-11-30
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection in use without Office of Management and Budget (OMB) approval.
Endangered and Threatened Wildlife and Plants; Seven Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-25586
Type: Proposed Rule
Date: 2023-11-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that seven species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Edison's ascyrum (Hypericum edisonianum), Florida (lowland) loosestrife (Lythrum flagellare), Florida pinesnake (Pituophis melanoleucus mugitu), mimic cavesnail (Phreatodrobia imitata), northern cavefish (Amblyopsis spelaea), smallscale darter (Etheostoma microlepidum), and Texas troglobitic water slater (Lirceolus smithii). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Federal Land Managers' Air Quality Related Values Work Group (FLAG); Draft Addendum to 2010 Phase 1 Report
Document Number: 2023-26218
Type: Notice
Date: 2023-11-28
Agency: Fish and Wildlife Service, Department of the Interior, National Park Service
We, the U.S. Fish and Wildlife Service, in cooperation with the National Park Service, and the U.S. Department of Agriculture's Forest Service (the agencies), publish this notice to announce the availability of a draft addendum to the Federal Land Managers' Air Quality Related Values Work Group's (FLAG's) Phase 1 Report, which the agencies last revised in 2010 (FLAG 2010 report). We are proposing an addendum to include a provision related to temporary emissions. We invite comments and information on the draft addendum from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Sacramento Mountains Checkerspot Butterfly
Document Number: 2023-25597
Type: Proposed Rule
Date: 2023-11-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reopening the public comment period on our August 10, 2023, proposed rule to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, under the Endangered Species Act of 1973, as amended (Act). We are taking this action to conduct a public hearing and to allow all interested parties additional time to comment on the proposal to designate critical habitat for the Sacramento Mountains checkerspot butterfly. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Polk County, FL; Categorical Exclusion
Document Number: 2023-25949
Type: Notice
Date: 2023-11-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Vistas at Davenport, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink and blue-tailed mole skink incidental to the construction of a residential development in Polk County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Orange County, FL; Categorical Exclusion
Document Number: 2023-25943
Type: Notice
Date: 2023-11-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from the Orange County Public Library System (Horizon West Library; applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction and operation of a public library and related activities in Orange County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Agency Information Collection Activities; Establishment of Annual Migratory Bird Hunting Seasons
Document Number: 2023-25558
Type: Notice
Date: 2023-11-20
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to revise a currently approved information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget; North American Woodcock Singing Ground Survey
Document Number: 2023-25555
Type: Notice
Date: 2023-11-20
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection with revisions.
Draft Environmental Impact Statement for the Barred Owl Management Strategy; Washington, Oregon, and California
Document Number: 2023-25032
Type: Notice
Date: 2023-11-17
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) developed a proposed barred owl management strategy (management strategy) to address the threat of the nonnative, invasive barred owl (Strix varia) to the native northern spotted owl (Strix occidentalis caurina) and California spotted owl (Strix occidentalis occidentalis). In accordance with the National Environmental Policy Act, this notice announces the availability of a draft environmental impact statement (DEIS) evaluating the impacts on the human environment related to the proposed management strategy and associated take of barred owls, which is prohibited under the Migratory Bird Treaty Act unless authorized by the Service by permit or regulation. We invite public comments on the proposed management strategy and DEIS from the public and Federal, Tribal, State, and local governments.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion
Document Number: 2023-25435
Type: Notice
Date: 2023-11-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Christopher Johnson and Gator Wood Properties, LLC (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed Alabama beach mouse (Peromyscus polionotus ammobates) incidental to construction of a multi-family development in Gulf Shores, Baldwin County, Alabama. We request public comment on the application, which includes the applicants' proposed habitat conservation plan (HCP), and the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Wild Bird Conservation Act; Receipt of Permit Applications
Document Number: 2023-25436
Type: Notice
Date: 2023-11-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on permit applications regarding foreign bird species for which the Service has jurisdiction under the Wild Bird Conservation Act (WBCA). With some exceptions, the WBCA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The WBCA also requires that we invite public comment before issuing permits for any activity it otherwise prohibits.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-25177
Type: Notice
Date: 2023-11-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing the requested permits, we will take into consideration any information that we receive during the public comment period.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-25165
Type: Notice
Date: 2023-11-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-24987
Type: Notice
Date: 2023-11-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-24895
Type: Notice
Date: 2023-11-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Enterprise Leasing Company of Orlando, LLC (Enterprise Car Rental and Sales Clermont, applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction of a commercial development in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of the Gray Wolf in Colorado
Document Number: 2023-24514
Type: Rule
Date: 2023-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), establish a nonessential experimental population (NEP) of the gray wolf (Canis lupus) in the State of Colorado, under the Endangered Species Act of 1973, as amended (Act). The State of Colorado (Colorado Parks and Wildlife or CPW) requested that the Service establish an NEP in conjunction with their State-led gray wolf reintroduction effort. Establishment of this NEP provides for allowable, legal, purposeful, and incidental taking of the gray wolf within a defined NEP area while concurrently providing for the conservation of the species. The geographic boundary of the NEP is the entire State of Colorado. The best available data indicate that reintroduction of the gray wolf into Colorado is biologically feasible and will promote the conservation of the species.
Endangered and Threatened Wildlife and Plants; Removing Island Bedstraw and Santa Cruz Island Dudleya From the List of Endangered and Threatened Plants
Document Number: 2023-23937
Type: Rule
Date: 2023-11-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are removing the plants island bedstraw (Galium buxifolium) and Santa Cruz Island dudleya (Dudleya nesiotica) from the Federal List of Endangered and Threatened Plants on the basis of recovery. Both of these native plant species occur in the Channel Islands National Park off the coast of California. This final rule is based on our review of the best available scientific and commercial data, which indicates that the threats to island bedstraw and Santa Cruz Island dudleya have been eliminated or reduced to the point that these species have recovered and no longer meet the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act).
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan, City of Santee, California; Categorical Exclusion
Document Number: 2023-24404
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Mr. Louis Jutras (applicant) for an incidental take permit (ITP) under the Endangered Species Act (ESA). The applicant requests the ITP to take the federally threatened coastal California gnatcatcher (Polioptila californica californica) incidental to construction of the Jutras residential home project, in the City of Santee, San Diego County, California. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered Species; Recovery Permit Applications
Document Number: 2023-24494
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-24493
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from PMF Leesburg Michigan, LLC (Michigan Property) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction of a multi-family development in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-24458
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Wild Bird Conservation Act; Receipt of Permit Application
Document Number: 2023-24449
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on a permit application regarding a foreign bird species for which the Service has jurisdiction under the Wild Bird Conservation Act (WBCA). With some exceptions, the WBCA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The WBCA also requires that we invite public comment before issuing permits for any activity it otherwise prohibits.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Southcentral Alaska Stock of Northern Sea Otters in Cordova, Alaska; Draft Environmental Assessment
Document Number: 2023-24428
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from the City of Cordova, Alaska, propose to authorize nonlethal incidental take by harassment of small numbers of the Southcentral Alaska stock of northern sea otters (Enhydra lutris kenyoni) for 1 year from the date of issuance of the incidental harassment authorization. The applicant has requested this authorization for take by harassment that may result from activities associated with pile driving and marine construction activities in Cordova, Alaska. We estimate that this project may result in the nonlethal incidental take by harassment of up to 82 northern sea otters from the Southcentral stock. This proposed authorization, if finalized, will be for up to 30 takes of 5 northern sea otters by Level A harassment and 790 takes of 77 northern sea otters by Level B harassment. No lethal take is requested, or expected, and no such take will be authorized.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Federal Subsistence Regulations and Associated Forms
Document Number: 2023-24376
Type: Notice
Date: 2023-11-03
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew a currently approved information collection, without change.
John H. Chafee Coastal Barrier Resources System; Florida, Georgia, Louisiana, Maine, and New York; Draft 5-Year Review Boundaries
Document Number: 2023-23864
Type: Notice
Date: 2023-11-03
Agency: Fish and Wildlife Service, Department of the Interior
The Coastal Barrier Resources Act (CBRA) requires the Secretary of the Interior to review the maps of the John H. Chafee Coastal Barrier Resources System (CBRS) at least once every 5 years and make any minor and technical modifications to the boundaries of the CBRS as are necessary to reflect changes that have occurred in the size or location of any unit as a result of natural forces. We, the U.S. Fish and Wildlife Service (Service), have conducted this review for CBRS units in Florida, Georgia, Louisiana, Maine, and the Great Lakes region of New York. With this notice, we announce the findings of our review and invite comments on the draft revised boundaries from Federal, State, and local officials.
Endangered and Threatened Wildlife and Plants; Reinstatement of Endangered Species Act Protections for the Gray Wolf (Canis Lupus) in Compliance With Court Order
Document Number: 2023-24299
Type: Rule
Date: 2023-11-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a district court order that vacated our November 3, 2020, rule removing the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife. As a result of the court's order, the regulatory protections under the Endangered Species Act of 1973, as amended (Act), apply to the gray wolf in all or portions of the 45 U.S. States and Mexico where the species was listed at the time we issued the delisting rule. The court order went into effect on February 10, 2022, and is the subject of several consolidated, pending appeals in the Ninth Circuit. While those appeals are pending, the Service is bound by the district court's order. Thus, this final rule implements the court's order by correcting the Code of Federal Regulations and officially reinstating threatened status for gray wolf in Minnesota; endangered status for gray wolf in all or portions of the remaining 44 U.S. States and Mexico where the species was listed prior to our November 2020 delisting rule; critical habitat for gray wolf in Minnesota and Michigan; and the rule promulgated under section 4(d) of the Act for gray wolf in Minnesota. Gray wolves in Montana, Idaho, Wyoming, the eastern third of Washington and Oregon, and north-central Utah (collectively, the Northern Rocky Mountains) retain their delisted status and are not affected by this final rule. This rule does not have any effect on the separate listing of the Mexican wolf subspecies (Canis lupus baileyi) as endangered under the Act.
Agency Information Collection Activities; Perspectives on Manatee Ecotourism
Document Number: 2023-24192
Type: Notice
Date: 2023-11-02
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection.
Endangered and Threatened Wildlife and Plants; Reclassifying Mitracarpus Polycladus From Endangered to Threatened With a Section 4(d) Rule
Document Number: 2023-24059
Type: Rule
Date: 2023-11-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reclassifying Mitracarpus polycladus (a plant, no common name) from endangered to threatened (downlist) under the Endangered Species Act of 1973, as amended (Act). This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. We are also finalizing a rule issued under section 4(d) of the Act that provides for the conservation of the species.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Oblong Rocksnail (Leptoxis compacta)
Document Number: 2023-23994
Type: Proposed Rule
Date: 2023-10-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the oblong rocksnail (Leptoxis compacta), a freshwater snail native to the Cahaba River in Alabama, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the oblong rocksnail. After a review of the best available scientific and commercial information, we find that listing the species is warranted. If we finalize this rule as proposed, it will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
National Wildlife Refuge System; 2023-2024 Station-Specific Hunting and Sport Fishing Regulations
Document Number: 2023-23847
Type: Rule
Date: 2023-10-30
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), expand hunting opportunities on three National Wildlife Refuges (NWRs). We also make changes to existing station-specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain language standards. Finally, the best available science, analyzed as part of this rulemaking, indicates that lead ammunition and tackle have negative impacts on both wildlife and human health. In this rule, Blackwater, Chincoteague, Eastern Neck, Erie, Great Thicket, Patuxent Research Refuge, Rachel Carson, and Wallops Island NWRs each adopt a non-lead requirement, which will take effect on September 1, 2026. While the Service continues to evaluate the future of lead use in hunting and fishing on Service lands and waters, this rulemaking does not include any opportunities increasing or authorizing the new use of lead beyond fall 2026.
Agency Information Collection Activities; Online Program Management System for Carbon Dioxide-Carp
Document Number: 2023-23893
Type: Notice
Date: 2023-10-30
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection, without change.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Volusia County, FL; Categorical Exclusion
Document Number: 2023-23338
Type: Notice
Date: 2023-10-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Hector Aponte (2098 Laredo Drive) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction of a single-family home in Volusia County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Orange County, FL; Categorical Exclusion
Document Number: 2023-23337
Type: Notice
Date: 2023-10-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Orange County Parks and Recreation Division (Horizon West Regional Park, applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction of a recreational park in Orange County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay and Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-23335
Type: Notice
Date: 2023-10-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Founders Ridge Development, LLC and Founders Ridge Development II, LLC (Minneola Town Center) (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take federally listed Florida scrub-jays (Aphelocoma coerulescens) and sand skinks (Neoseps reynoldsi) incidental to the construction of a mixed-use development in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Regulations for the Taking of Migratory Birds for Subsistence Uses in Alaska
Document Number: 2023-23029
Type: Notice
Date: 2023-10-19
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew, without change, an information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Alaska Subsistence Bird Harvest Survey
Document Number: 2023-23028
Type: Notice
Date: 2023-10-19
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew, without change, a currently approved information collection.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-23079
Type: Notice
Date: 2023-10-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Agency Information Collection Activities; Alaska Guide Service Evaluation
Document Number: 2023-22963
Type: Notice
Date: 2023-10-18
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection with revisions.
Endangered and Threatened Wildlife and Plants; Removing Nelson's Checker-Mallow From the Federal List of Endangered and Threatened Plants
Document Number: 2023-22759
Type: Rule
Date: 2023-10-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are removing Nelson's checker-mallow (Sidalcea nelsoniana) from the Federal List of Endangered and Threatened Plants. Our review of the best available scientific and commercial data indicates that the threats to Nelson's checker-mallow have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act).
Draft Categorical Exclusion and Draft General Conservation Plan for Amphibians in Southern Santa Cruz County, California
Document Number: 2023-22808
Type: Notice
Date: 2023-10-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft general conservation plan (GCP), as well as an associated draft categorical exclusion (CatEx), for development activities in Santa Cruz County, California. The Service developed the GCP in accordance with the Endangered Species Act to provide a streamlined mechanism for proponents engaged in activities associated with residential development and associated infrastructure, construction and maintenance on public lands, and habitat restoration, to meet statutory and regulatory requirements while promoting conservation of the California red-legged frog, California tiger salamander, and Santa Cruz long-toed salamander. The Service also prepared the draft CatEx in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing permits under the GCP. We invite comment on these documents from agencies, Tribes, and the public.
Application for Renewal of Incidental Take Permit; Interim Programmatic Habitat Conservation Plan for the Mount Hermon June Beetle and Ben Lomond Spineflower, Santa Cruz County, CA
Document Number: 2023-22807
Type: Notice
Date: 2023-10-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application from the County of Santa Cruz (applicant) for renewal of an existing incidental take permit under the Endangered Species Act. The applicant has requested a renewal that will extend permit duration by 20 years from the date the permit is reissued. The permit would continue to authorize take of the federally endangered Mount Hermon June beetle that is incidental to otherwise lawful activities associated with the approved Interim Programmatic Habitat Conservation Plan for the Endangered Mount Hermon June Beetle and Ben Lomond Spineflower. We invite comment on the application and associated documents from agencies, Tribes, and the public.
Endangered and Threatened Wildlife and Plants; Removal of 21 Species From the List of Endangered and Threatened Wildlife
Document Number: 2023-22377
Type: Rule
Date: 2023-10-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing 21 species from the Federal List of Endangered and Threatened Wildlife due to extinction. This action is based on a review of the best available scientific and commercial information, which indicates that these species are no longer extant and, as such, no longer meet the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended (Act).
Endangered and Threatened Wildlife and Plants; Removing Phyllostegia glabra var. lanaiensis From the List of Endangered or Threatened Plants
Document Number: 2023-22376
Type: Proposed Rule
Date: 2023-10-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), withdraw the proposal to remove Phyllostegia glabra var. lanaiensis from the Federal List of Endangered and Threatened Plants (List). This withdrawal is based on new surveys conducted over the past 3 years since completing the 5-year review for the species; these surveys have identified new suitable habitats comprised of native vegetation within the former range of P. glabra var. lanaiensis. Therefore, we determined that additional information is needed before concluding that the species is extinct. With this withdrawal of the proposal, P. glabra var. lanaiensis will remain on the List as endangered. Elsewhere in this issue of the Federal Register, we publish a final rule removing 21 species that were part of our September 30, 2021, proposed rule.
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Two Petitions To Reclassify the West Indian Manatee
Document Number: 2023-21674
Type: Proposed Rule
Date: 2023-10-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce two 90-day findings on petitions to reclassify the West Indian manatee (Trichechus manatus), or populations thereof, under the Endangered Species Act of 1973, as amended (Act). Two valid subspecies of the West Indian manatee, the Florida manatee (Trichechus manatus latirostris) and Antillean manatee (Trichechus manatus manatus), are currently protected under the Act as part of the threatened West Indian manatee species-level listing. One petition requests the Puerto Rico population of the Antillean manatee be listed as an endangered distinct population segment (DPS) and critical habitat be designated for this entity under the Act. The second petition requests to reclassify the West Indian manatee, including its subspecies the Antillean manatee and Florida manatee, as endangered species under the Act. Based on our review, we find that the petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate a status review to determine whether the petitioned actions are warranted. To ensure that the status review is comprehensive, we are requesting new scientific and commercial data and other information regarding the West Indian manatee throughout its range, including information specific to the Puerto Rico population of Antillean manatee, and factors that may affect their status. Based on the status review, we will issue a 12-month petition finding, which will address whether or not the petitioned actions are warranted, in accordance with the Act.
Theodore Roosevelt Genius Prize Advisory Council Meeting
Document Number: 2023-22381
Type: Notice
Date: 2023-10-10
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service gives notice of a public meeting of the Theodore Roosevelt Genius Prize Advisory Council (Council), in accordance with the Federal Advisory Committee Act.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-22278
Type: Notice
Date: 2023-10-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Declaration for Importation or Exportation of Fish or Wildlife
Document Number: 2023-22181
Type: Notice
Date: 2023-10-05
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection with revisions.
Endangered and Threatened Wildlife and Plants; Revision of a Nonessential Experimental Population of Black-Footed Ferrets (Mustela nigripes) in the Southwest
Document Number: 2023-21978
Type: Rule
Date: 2023-10-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (USFWS), are revising the regulations for the nonessential experimental population of the black-footed ferret (Mustela nigripes; ferret) in Arizona. We established the Aubrey Valley Experimental Population Area (AVEPA) in 1996 in accordance with section 10(j) of the Endangered Species Act of 1973, as amended (ESA). This rule allows the introduction of ferrets across a larger landscape as part of a nonessential experimental population and includes the AVEPA within a larger ``Southwest Experimental Population Area'' (SWEPA), which includes parts of Arizona and identified contiguous Tribal lands in New Mexico and Utah. This revision provides a framework for establishing and managing reintroduced populations of ferrets that will allow greater management flexibility and increased landowner and manager cooperation. The best available data indicate that additional reintroductions of the ferret into more widely distributed habitat in the SWEPA is feasible and will promote the conservation of the species.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Lassics Lupine and Designation of Critical Habitat
Document Number: 2023-21477
Type: Rule
Date: 2023-10-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the Lassics lupine (Lupinus constancei), a plant species native to northern California. We also designate critical habitat for the species. In total, approximately 512 acres (207 hectares) in Humboldt and Trinity Counties, California, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat.
Docket No. FWS-HQ-IA-2023-0184; FXIA16710900000-234-FF09A30000]
Document Number: 2023-21998
Type: Notice
Date: 2023-10-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Endangered and Threatened Species; Issuance of Enhancement of Survival and Incidental Take Permits for Safe Harbor Agreements, Candidate Conservation Agreements, Conservation Plans, and Recovery Activities; January 1, 2022, Through December 31, 2022
Document Number: 2023-21982
Type: Notice
Date: 2023-10-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, in accordance with the Endangered Species Act (ESA), provide a list to the public of permits issued under the ESA. With some exceptions, the ESA prohibits take of listed species unless a Federal permit is issued that authorizes or exempts the taking under the ESA. We provide this list to the public as a summary of our permit issuances for candidate conservation agreements with assurances, safe harbor agreements, habitat conservation plans, and recovery activities for calendar year 2022.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for the Northwestern Pond Turtle and Southwestern Pond Turtle
Document Number: 2023-21685
Type: Proposed Rule
Date: 2023-10-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the northwestern pond turtle (Actinemys marmorata), a species from Washington, Oregon, Nevada, and northern and central California, and the southwestern pond turtle (Actinemys pallida), a species from central and southern California and Baja California, Mexico, as threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the western pond turtle, which is now recognized as two separate species (northwestern pond turtle and southwestern pond turtle). After a review of the best scientific and commercial information available, we find that listing the northwestern pond turtle and southwestern pond turtle is warranted. Accordingly, we propose to list the northwestern pond turtle and southwestern pond turtle as threatened species with rules issued under section 4(d) of the Act (``4(d) rule'') for each species. If we finalize this rule as proposed, it would add the northwestern pond turtle and southwestern pond turtle to the List of Endangered and Threatened Wildlife and extend the Act's protections to the two species. Due to the current lack of data sufficient to perform required analyses, we conclude that the designation of critical habitat for the northwestern pond turtle and southwestern pond turtle is not determinable at this time.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Short-Tailed Snake
Document Number: 2023-21667
Type: Proposed Rule
Date: 2023-10-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the short-tailed snake (Lampropeltis extenuata), a snake species from peninsular Florida, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the short-tailed snake. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the short-tailed snake as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
Agency Information Collection Activities; Programmatic Clearance for U.S. Fish and Wildlife Service Social Science Research
Document Number: 2023-21665
Type: Notice
Date: 2023-10-02
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of Grizzly Bear in the North Cascades Ecosystem, Washington State
Document Number: 2023-21418
Type: Proposed Rule
Date: 2023-09-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (USFWS or Service), propose to establish a nonessential experimental population (NEP) of the grizzly bear (Ursus arctos horribilis) within the U.S. portion of the North Cascades Ecosystem (NCE) in the State of Washington under section 10(j) of the Endangered Species Act of 1973, as amended (Act or ESA). Establishment of this NEP is intended to support reintroduction and recovery of grizzly bears within the NCE and provide the prohibitions and exceptions under the Act necessary and appropriate to conserve the species within a defined NEP area. The proposed NEP area includes most of the State of Washington except for an area in northeastern Washington that encompasses the Selkirk Ecosystem Grizzly Bear Recovery Zone. The best available data indicate that reintroduction of the grizzly bear to the NCE, within the NEP area, is biologically feasible and will promote the conservation of the species. We are seeking comments on this proposed section 10(j) rule.
Endangered and Threatened Wildlife and Plants; Reclassifying the Virgin Islands Tree Boa From Endangered to Threatened With a Section 4(d) Rule
Document Number: 2023-20946
Type: Proposed Rule
Date: 2023-09-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to reclassify the Virgin Islands tree boa (listed as Epicrates monensis granti) from endangered to threatened under the Endangered Species Act of 1973 (Act), as amended. This withdrawal is based on new information we received during the proposed rule's public comment periods, specifically new survey results that indicate that the Virgin Islands tree boa is likely extirpated from Cayo Ratones. We also realized an error in calculations that reduced the resiliency of the Cayo Diablo population. After evaluating the status of the species following these changes, we find that the species still meets the Act's definition of an endangered species. We have, therefore, determined that reclassification of this species is not appropriate at this time. Accordingly, we also withdraw the proposed 4(d) rule for the Virgin Islands tree boa.
Endangered and Threatened Wildlife and Plants; Reclassification of the Relict Darter From Endangered to Threatened With a Section 4(d) Rule
Document Number: 2023-20945
Type: Rule
Date: 2023-09-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), reclassify the relict darter (Etheostoma chienense) from endangered to threatened under the Endangered Species Act of 1973 (Act), as amended. The relict darter is a fish species that occupies the Bayou de Chien stream system in western Kentucky. This action is based on a thorough review of the best available scientific and commercial information, which indicates that relict darter is not currently in danger of extinction throughout all or a significant portion of its range, but it is still likely to become so in the foreseeable future. We are also finalizing a rule under section 4(d) of the Act that provides for the conservation of the relict darter.
Wild Bird Conservation Act; Receipt of Permit Application
Document Number: 2023-20901
Type: Notice
Date: 2023-09-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on permit applications regarding foreign bird species for which the Service has jurisdiction under the Wild Bird Conservation Act (WBCA). With some exceptions, the WBCA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The WBCA also requires that we invite public comment before issuing permits for any activity it otherwise prohibits.
Endangered and Threatened Species; Receipt of Recovery Permit Application
Document Number: 2023-20833
Type: Notice
Date: 2023-09-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application for a permit to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on this application. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Sea Lamprey Control Program
Document Number: 2023-20832
Type: Notice
Date: 2023-09-26
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection, without change.
Endangered and Threatened Wildlife and Plants; Species Status Assessment for the Northern California-Southern Oregon Distinct Population Segment of Fisher
Document Number: 2023-20826
Type: Proposed Rule
Date: 2023-09-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), notify the public that we are requesting new information to develop a species status assessment (SSA) for the Northern California-Southern Oregon (NCSO) distinct population segment (DPS) of fisher (Pekania pennanti). We plan to initiate a status review to determine whether the NCSO DPS of fisher is warranted for listing as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). We request new information since 2019 regarding the NCSO DPS of fisher to inform our SSA. Per a court-approved settlement agreement, we will submit a new final listing determination to the Federal Register on or before August 21, 2025.
Endangered Wildlife; Recovery Permit Applications
Document Number: 2023-20614
Type: Notice
Date: 2023-09-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for a permit to conduct activities intended to recover and enhance endangered species survival. With some exceptions, the Endangered Species Act (ESA) prohibits certain activities that may impact endangered species, unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing these permits.
Agency Information Collection Activities; U.S. Fish and Wildlife Service Agreements With Friends Organizations
Document Number: 2023-20710
Type: Notice
Date: 2023-09-25
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection with revisions.
Agency Information Collection Activities; Submission to the Office of Management and Budget; CITES Master's Course
Document Number: 2023-20709
Type: Notice
Date: 2023-09-25
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection in use without Office of Management and Budget (OMB) approval.
Endangered and Threatened Wildlife and Plants; One Species Not Warranted for Delisting and Six Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-20296
Type: Proposed Rule
Date: 2023-09-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that one species is not warranted for delisting and six species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to delist the southern sea otter (Enhydra lutris nereis). We also find that is not warranted at this time to list the Cascades frog (Rana cascadae), plains spotted skunk (Spilogale interrupta, formerly recognized as one of three subspecies of eastern spotted skunk (Spilogale putorius interrupta)), sicklefin chub (Macrhybopsis meeki), sturgeon chub (Macrhybopsis gelida), Tennessee cave salamander (Gyrinophilus palleucus), and Yazoo crayfish (Faxonius hartfieldi, formerly Orconectes hartfieldi). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for the Miami Cave Crayfish
Document Number: 2023-20293
Type: Proposed Rule
Date: 2023-09-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Miami cave crayfish (Procambarus milleri), a crayfish species from Miami-Dade County, Florida, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the Miami cave crayfish. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the Miami cave crayfish as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this proposed rule, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
Endangered and Threatened Wildlife and Plants; Technical Corrections for Eight Species of Endangered and Threatened Fish and Wildlife
Document Number: 2023-20291
Type: Rule
Date: 2023-09-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), correct the information provided in the ``Where listed'' column of the List of Endangered and Threatened Wildlife (List) for eight species listed as endangered species under the Endangered Species Act of 1973, as amended (Act). Errors introduced into the List may be interpreted as indicating that only some populations of these species are listed. We are correcting the List to clarify that protections apply to these species wherever found.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of the Gray Wolf in the State of Colorado; Final Environmental Impact Statement
Document Number: 2023-20175
Type: Proposed Rule
Date: 2023-09-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final environmental impact statement (EIS) and draft record of decision (ROD) under the National Environmental Policy Act of 1969, as amended, for our intended action of establishing a nonessential experimental population (NEP) of the gray wolf (Canis lupus) in the State of Colorado. The State of Colorado (Colorado Parks and Wildlife, or CPW) requested that the Service establish an NEP in conjunction with their State-led gray wolf reintroduction effort. Establishment of this NEP under section 10(j) of the Endangered Species Act of 1973, as amended, would provide for allowable, legal, purposeful, and incidental take of the gray wolf within the State of Colorado, while also providing for the conservation of the species. In the FEIS, we analyzed the environmental consequences of a range of alternatives for our proposed rule. The action would be implemented through a final rule.
East Foundation Programmatic Safe Harbor Agreement for Ocelot Reintroduction and Enhancement of Survival Permit Application; South Texas
Document Number: 2023-19936
Type: Notice
Date: 2023-09-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of an application for an enhancement of survival permit pursuant to the Endangered Species Act for the proposed East Foundation Programmatic Safe Harbor Agreement for Ocelot Reintroduction in South Texas. The application package includes the safe harbor agreement and a draft screening form pursuant to the National Environmental Policy Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.
National Wildlife Refuge System Planning Policies (602 FW 1-4) for the U.S. Fish and Wildlife Service
Document Number: 2023-19994
Type: Proposed Rule
Date: 2023-09-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are making available for public comment our proposed updated planning policies, 602 FW 1-4, for the National Wildlife Refuge System (Refuge System). The purpose of these policy updates is to modernize the Refuge System's refuge management by incorporating landscape conservation plans and consideration of climate change and other anthropogenic forces in refuge management.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Quitobaquito Tryonia and Designation of Critical Habitat
Document Number: 2023-18547
Type: Proposed Rule
Date: 2023-09-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Quitobaquito tryonia (Tryonia quitobaquitae), a springsnail species from Arizona, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the Quitobaquito tryonia. After a review of the best available scientific and commercial information, we find that listing the species is warranted. We also propose to designate critical habitat for the Quitobaquito tryonia under the Act. In total, approximately 6,095 square feet (566 square meters) across 2 subunits in Pima County, Arizona, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for Quitobaquito tryonia. If we finalize this rule as proposed, it would extend the Act's protections to this species and its designated critical habitat.
San Luis and Merced National Wildlife Refuges and Grasslands Wildlife Management Area, CA; Draft Comprehensive Conservation Plan/Environmental Assessment
Document Number: 2023-19485
Type: Notice
Date: 2023-09-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan (CCP) and draft environmental assessment (EA) for San Luis and Merced National Wildlife Refuges and the Grasslands Wildlife Management Area (collectively, the refuges) for review and comment. The draft CCP/EA, prepared under the National Wildlife Refuge Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, describes how the Service proposes to manage the refuges for the next 15 years. Draft compatibility determinations for multiple existing and proposed uses, a revised hunt plan, and a visitor services plan are also available for review and public comment. We invite comment from the public and local, State, Tribal, and Federal agencies.
Migratory Bird Hunting; Migratory Game Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands
Document Number: 2023-19067
Type: Rule
Date: 2023-09-01
Agency: Fish and Wildlife Service, Department of the Interior
As part of the rulemaking process for the 2023-2024 season for migratory game bird hunting, the U.S. Fish and Wildlife Service (hereinafter, Service or we) has revised the process for establishing regulations for certain Tribes on Federal Indian reservations, off- reservation trust lands, and ceded lands. The Service recognizes Tribal treaty rights and the reserved hunting rights and management authority of Indian Tribes and seeks to strengthen Tribal sovereignty. We will no longer require that Tribes annually submit a proposal to the Service for our review and approval and no longer publish in the Federal Register the annual Tribal migratory bird hunting regulations. Instead, the regulations now include elements of our current guidelines for establishing migratory game bird hunting regulations on Federal Indian reservations (including off-reservation trust lands) and ceded lands. Since 1985, Tribal migratory bird harvest has been small with negligible impact to bird population status, and we anticipate that Tribal hunting of migratory birds will continue to have similar negligible impacts to bird populations in the future. This rule will reduce administrative burdens on both the Tribes and the Service while continuing to sustain healthy migratory game bird populations for future generations.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Dunes Sagebrush Lizard
Document Number: 2023-18657
Type: Proposed Rule
Date: 2023-08-30
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are extending the comment period on our July 3, 2023, proposed rule to list the dunes sagebrush lizard (Sceloporus arenicolus), a species found only in southeastern New Mexico and west Texas, as an endangered species under the Endangered Species Act of 1973, as amended (Act). We are extending the proposed rule's comment period for 30 days to give all interested parties an additional opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule.
Endangered and Threatened Wildlife and Plants; Foothill Yellow-Legged Frog; Threatened Status With Section 4(d) Rule for Two Distinct Population Segments and Endangered Status for Two Distinct Population Segments
Document Number: 2023-17675
Type: Rule
Date: 2023-08-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered status for two distinct population segments (DPSs) and threatened status for two DPSs of the foothill yellow-legged frog (Rana boylii), a stream-dwelling amphibian from Oregon and California. After review of the best scientific and commercial information available, we have determined endangered status for the South Sierra and South Coast DPSs and threatened status for the North Feather and Central Coast DPSs of the foothill yellow-legged frog under the Endangered Species Act of 1973 (Act), as amended. This rule adds the four DPSs to the List of Endangered and Threatened Wildlife and extends the Act's protections to these DPSs. We also finalize rules under the authority of section 4(d) of the Act for the North Feather and Central Coast DPSs that provide measures that are necessary and advisable to provide for the conservation of these two DPSs. We have determined that designation of critical habitat for the four DPSs is not determinable at this time.
Foreign Endangered Species; Receipt of Permit Application
Document Number: 2023-18574
Type: Notice
Date: 2023-08-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on an application to conduct certain activities with a foreign species that is listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Endangered Species; Recovery Permit Applications
Document Number: 2023-18523
Type: Notice
Date: 2023-08-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-18481
Type: Notice
Date: 2023-08-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the ESA. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Endangered and Threatened Wildlife and Plants; Three Draft Habitat Conservation Plans and Associated Draft Categorical Exclusions for Development of Single-Family Residences; Los Osos, San Luis Obispo County, CA
Document Number: 2023-18480
Type: Notice
Date: 2023-08-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received three applications for incidental take permits (ITPs) for the federally threatened Morro shoulderband snail under the Endangered Species Act of 1973, as amended. Each of three applicants submitted a permit application which, if issued, would authorize take of the Morro shoulderband snail incidental to activities associated with development of a single-family residence in Los Osos, San Luis Obispo County, California. As part of the application for an ITP, each applicant submitted a draft habitat conservation plan for their respective project. For each proect, The Service prepared a draft low-effect screening form and environmental action statement in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing an ITP to each applicant for their project. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of 47 Species in California, Nevada, and Oregon; Correction
Document Number: 2023-18479
Type: Notice
Date: 2023-08-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, published a notice in the Federal Register of August 17, 2023, initiating 5-year status reviews of 47 species in California, Nevada, and Oregon under the Endangered Species Act. We inadvertently included one species in error. We are correcting the notice to remove that species.
Endangered and Threatened Wildlife and Plants; Nine Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-18260
Type: Proposed Rule
Date: 2023-08-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that nine species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Alexander Archipelago wolf (Canis lupus ligoni), Chihuahua catfish (Ictalurus sp. 1), Cooper's cave amphipod (Stygobromus cooperi), Georgia blind salamander (Eurycea wallacei), minute cave amphipod (Stygobromus parvus), Morrison's cave amphipod (Stygobromus morrisoni), narrow-foot hygrotus diving beetle (Hygrotus diversipes), pristine crayfish (Cambarus pristinus), and Tennessee heelsplitter (Lasmigona holstonia). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Hunting and Wildlife Conservation Council Virtual Meeting
Document Number: 2023-18176
Type: Notice
Date: 2023-08-23
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) gives notice of a virtual meeting of the Hunting and Wildlife Conservation Council (HWCC), in accordance with the Federal Advisory Committee Act.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Tennessee Clubshell, Tennessee Pigtoe, and Cumberland Moccasinshell
Document Number: 2023-17844
Type: Proposed Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list three Tennessee and Cumberland River basin mussel species, the Tennessee clubshell (Pleurobema oviforme), Tennessee pigtoe (Pleuronaia barnesiana), and Cumberland moccasinshell (Medionidus conradicus), as endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the three species. After a review of the best available scientific and commercial information, we find that listing the Tennessee clubshell, Tennessee pigtoe, and Cumberland moccasinshell as endangered species is warranted. If we finalize this rule as proposed, it would extend the Act's protections to these species.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Sand Dune Phacelia and Designation of Critical Habitat
Document Number: 2023-17669
Type: Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), list the sand dune phacelia (Phacelia argentea), a plant species from coastal southern Oregon and northern California, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973, as amended (Act). We also designate critical habitat for the species under the Act. In total, approximately 180.8 acres (73.2 hectares) within 13 units in Coos and Curry Counties in Oregon, and Del Norte County in California, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Salamander Mussel and Designation of Critical Habitat
Document Number: 2023-17668
Type: Proposed Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the salamander mussel (Simpsonaias ambigua), a freshwater mussel species from the United States (Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin) and Canada (Ontario), as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the salamander mussel. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the salamander mussel as an endangered species under the Act. We also propose to designate critical habitat for the salamander mussel under the Act. In total, approximately 2,012 river miles (3,238 kilometers) in Indiana, Kentucky, Michigan, Minnesota, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the salamander mussel. If we finalize this rule as proposed, it would extend the Act's protections to this species and its designated critical habitat.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Toothless Blindcat and Widemouth Blindcat
Document Number: 2023-17667
Type: Proposed Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the toothless blindcat (Trogloglanis pattersoni) and widemouth blindcat (Satan eurystomus), two cavefish species from the Edwards Aquifer in Bexar County, Texas, as endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the toothless blindcat and widemouth blindcat. After a review of the best available scientific and commercial information, we find that listing both species is warranted. If we finalize this rule as proposed, it would extend the Act's protections to these species. We have determined that designation of critical habitat is not prudent.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Brawleys Fork Crayfish and Designation of Critical Habitat
Document Number: 2023-17666
Type: Proposed Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Brawleys Fork crayfish (Cambarus williami), a freshwater crayfish species from Tennessee, as a threatened species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the Brawleys Fork crayfish. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the Brawleys Fork crayfish as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We also propose to designate critical habitat for the Brawleys Fork crayfish under the Act. In total, approximately 86.6 river miles (139.4 river kilometers) in Cannon, Rutherford, and Warren Counties, Tennessee, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for Brawleys Fork crayfish.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-17852
Type: Notice
Date: 2023-08-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing the requested permits, we will take into consideration any information that we receive during the public comment period.
Migratory Bird Hunting; 2023-2024 Seasons for Certain Migratory Game Birds
Document Number: 2023-17684
Type: Rule
Date: 2023-08-18
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes the seasons, hours, areas, and daily bag and possession limits for hunting migratory birds. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2023-24 season.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Magnificent Ramshorn and Designation of Critical Habitat
Document Number: 2023-17670
Type: Rule
Date: 2023-08-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina. We also designate critical habitat for the species. In total, approximately 739 acres (299 hectares) in two ponds in Brunswick County, North Carolina, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat.
Agency Information Collection Activities; Native Youth Climate Adaptation Leadership Congress
Document Number: 2023-17768
Type: Notice
Date: 2023-08-18
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, on March 10, 2023, we, the U.S. Fish and Wildlife Service, published a notice announcing that we are proposing to revise a currently approved information collection (IC). The notice opened a public comment period, which closed on May 9, 2023. We subsequently identified additional proposed changes to the IC that were not included in the original notice; therefore, we are now republishing the notice in full, including the original and newly identified proposed changes, and reopening the comment period.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of 47 Species in California, Nevada, and Oregon
Document Number: 2023-17728
Type: Notice
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews of 47 species in California, Nevada, and Oregon under the Endangered Species Act. A 5-year 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 reviews.
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Five Species
Document Number: 2023-17726
Type: Proposed Rule
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on petitions to add five species to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions to list the bleached sandhill skipper (Polites sabuleti sinemaculata), blue tree monitor lizard (Varanus macraei), Bornean earless monitor lizard (Lanthanotus borneensis), and pinyon jay (Gymnorhinus cyanocephalus) present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we are initiating status reviews of these species to determine whether the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we request scientific and commercial data and other information regarding these species and factors that may affect their status. Based on the status reviews, we will issue 12-month petition findings, which will address whether or not the petitioned actions are warranted, in accordance with the Act. We further find that the petition to list the least chub (Iotichthys phlegethontis) does not present substantial information indicating the petitioned action may be warranted. Therefore, we are not initiating a status review of the least chub.
Agency Information Collection Activities; U.S. Fish and Wildlife Service Law Enforcement Training System
Document Number: 2023-17716
Type: Notice
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to revise a currently approved information collection.
Agency Information Collection Activities; Yukon River Watershed Ecosystem Action Plan
Document Number: 2023-17715
Type: Notice
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Texas Kangaroo Rat and Designation of Critical Habitat
Document Number: 2023-17671
Type: Proposed Rule
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Texas kangaroo rat (Dipodomys elator), a rodent from north- central Texas, as an endangered species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the Texas kangaroo rat. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the Texas kangaroo rat as an endangered species under the Act. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to this species and its critical habitat. We also propose to designate critical habitat for the Texas kangaroo rat under the Act. In total, approximately 597,069 acres (241,625 hectares) in Childress, Cottle, Hardeman, Wichita, and Wilbarger Counties, Texas, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for Texas kangaroo rat.
John H. Chafee Coastal Barrier Resources System; Availability of Final Revised Maps for Michigan, Minnesota, Mississippi, Ohio, South Carolina, Texas, and Wisconsin
Document Number: 2023-17552
Type: Notice
Date: 2023-08-16
Agency: Fish and Wildlife Service, Department of the Interior
The Coastal Barrier Resources Act requires the Secretary of the Interior to review the maps of the John H. Chafee Coastal Barrier Resources System (CBRS) at least once every 5 years and make any minor and technical modifications to the boundaries of the CBRS as are necessary to reflect changes that have occurred in the size or location of any unit as a result of natural forces. We, the U.S. Fish and Wildlife Service, have conducted this review for all of the CBRS units in Michigan, Minnesota, Mississippi, North Carolina, Ohio, Texas, and Wisconsin, and 10 units in South Carolina. This notice announces the findings of our review and the availability of final revised maps for 116 CBRS units in the project area, except for the North Carolina units. We did not prepare final revised maps for the North Carolina units because sufficient data was not available in some areas.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-17482
Type: Notice
Date: 2023-08-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Migratory Bird Hunting; Final 2023-24 Frameworks for Migratory Bird Hunting Regulations
Document Number: 2023-17175
Type: Rule
Date: 2023-08-11
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) is establishing the final frameworks from which States may select season dates, limits, and other options for the 2023-24 migratory game bird hunting season. We annually prescribe outside limits (which we call ``frameworks'') within which States may select hunting seasons. Frameworks specify the outside dates, season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. These frameworks are necessary to allow State selections of seasons and limits and to allow harvest at levels compatible with migratory game bird population status and habitat conditions. Migratory game bird hunting seasons provide opportunities for recreation and sustenance, and aid Federal, State, and Tribal governments in the management of migratory game birds.
Endangered and Threatened Wildlife and Plants; Removing the Apache Trout From the List of Endangered and Threatened Wildlife
Document Number: 2023-15689
Type: Proposed Rule
Date: 2023-08-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to remove the Apache trout (Oncorhynchus apache), a fish native to Arizona, from the Federal List of Endangered and Threatened Wildlife due to recovery. Our review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of a threatened species or an endangered species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, the prohibitions and conservation measures provided by the Act, particularly through section 7 and our regulations would no longer apply to the Apache trout. We request information and comments from the public regarding this proposed rule for the Apache trout.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Sacramento Mountains Checkerspot Butterfly
Document Number: 2023-16967
Type: Proposed Rule
Date: 2023-08-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,636.9 acres (662.4 hectares) in Otero County, New Mexico, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Sacramento Mountains checkerspot butterfly.
Agency Information Collection Activities; North American Woodcock Singing Ground Survey
Document Number: 2023-17077
Type: Notice
Date: 2023-08-09
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act, on February 28, 2023, we, the U.S. Fish and Wildlife Service, published a notice announcing that we are proposing to renew an existing information collection (IC) without change. The notice opened a public comment period, which closed on May 1, 2023. We subsequently identified proposed changes to the IC that were not included in the original notice; therefore, we are now republishing the notice in full, including the proposed changes, and reopening the comment period.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-16998
Type: Notice
Date: 2023-08-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-16936
Type: Notice
Date: 2023-08-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Helen Crittenden et al. (Helen Crittenden, Alexander van den Berg, and Nancy van den Berg; applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed sand skink incidental to the construction of a residential development in Lake County, Florida. We request public comment on the application, which includes the applicants' proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Marine Mammal Protection Act; Stock Assessment Reports for the Pacific Walrus Stock and Three Northern Sea Otter Stocks in Alaska
Document Number: 2023-16935
Type: Notice
Date: 2023-08-08
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Marine Mammal Protection Act and its implementing regulations, we, the U.S. Fish and Wildlife Service, after consideration of comments received from the public have revised the marine mammal stock assessment reports (SARs) for the Pacific walrus (Odobenus rosmarus divergens) and for each of the three northern sea otter (Enhydra lutris kenyoni) stocks in Alaska. We now make these four final revised SARs available to the public.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Brevard County, FL; Categorical Exclusion
Document Number: 2023-16913
Type: Notice
Date: 2023-08-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from CenterPoint Integrated Solutions, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally threatened Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction and operation of a commercial development in Brevard County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Salt River Project Roosevelt Habitat Conservation Plan Amendment and Draft Environmental Assessment; Maricopa and Gila Counties, Arizona
Document Number: 2023-16663
Type: Notice
Date: 2023-08-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, as the lead Federal agency, in conjunction with the U.S. Army Corps of Engineers, as a cooperating agency, announce the availability of a draft environmental assessment (EA) for the proposed Salt River Project Roosevelt Habitat Conservation Plan (RHCP) Amendment which includes a proposed planned deviation to the Corps' Water Control Manual (WCM) in Gila and Maricopa Counties, Arizona. Salt River Project (applicant) submitted the RHCP amendment, also available for public review, in support of an application for an amended incidental take permit (permit) under the Endangered Species Act. Prepared in accordance with the requirements of the National Environmental Policy Act, the draft EA evaluates the impacts of, and alternatives to, amending the existing permit for the operation of the Modified Roosevelt Dam and Lake. If approved, the requested permit amendment would authorize incidental take of the northern Mexican gartersnake and expand the permit area for existing authorized incidental take for the yellow-billed cuckoo, southwestern willow flycatcher, and bald eagle. We invite comments from the public and Federal, Tribal, State, and local governments.
Intent To Prepare an Updated Bison and Elk Management Plan for the National Elk Refuge in Wyoming; Environmental Impact Statement
Document Number: 2023-16378
Type: Notice
Date: 2023-08-01
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service), U.S. Department of the Interior, intends to prepare an updated Bison and Elk Management Plan (BEMP) and environmental impact statement (EIS) for the National Elk Refuge (NER). The BEMP describes the Service's proposal for the management of the Jackson bison and elk populations within their respective jurisdictions with the goal of ensuring sustainable and healthy herds; an EIS will be prepared pursuant to the National Environmental Policy Act of 1969 to evaluate the potential environmental impacts of the BEMP. We invite input from other Federal and State agencies, Tribes, nongovernmental organizations, private sector businesses, and members of the public on the scope of the EIS, alternatives to our proposed approaches for the management of bison and elk on the NER, and the pertinent issues that we should address in the EIS.
General Provisions; Revised List of Migratory Birds
Document Number: 2023-15551
Type: Rule
Date: 2023-07-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), revise the List of Birds protected by the Migratory Bird Treaty Act (MBTA) by both adding and removing species and changing names to conform to accepted use by the scientific community. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to reflect currently accepted taxonomy and nomenclature. The net increase of 13 species (16 added and 3 removed) brings the total number of species protected by the MBTA to 1,106. We also revise the scientific name of a species subject to specific migratory-bird-permit regulations and revise corresponding entries for several migratory bird species that are also listed on the List of Endangered and Threatened Wildlife under the Endangered Species Act to reflect currently accepted taxonomy and nomenclature. We are taking this action because an accurate and up-to-date list of species protected by the MBTA is essential for public-notification, regulatory, and law-enforcement purposes and to ensure consistency in the use of common and scientific names across Service regulations.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-16057
Type: Notice
Date: 2023-07-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Fluminense Swallowtail, Harris' Mimic Swallowtail, and Hahnel's Amazonian Swallowtail
Document Number: 2023-15739
Type: Proposed Rule
Date: 2023-07-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list two species and one subspecies of Brazilian swallowtail butterflies as endangered species under the Endangered Species Act of 1973, as amended (Act). Specifically, we are proposing to list the Fluminense swallowtail (Parides ascanius), Harris' mimic swallowtail (Eurytides (=Mimoides) lysithous harrisianus), and Hahnel's Amazonian swallowtail (Parides hahneli), all butterflies endemic to Brazil. After a review of the best scientific and commercial information available, we find that listing all three swallowtails is warranted. Accordingly, we propose to list the Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's Amazonian swallowtail as endangered species under the Act. If we finalize this rule as proposed, it would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to these species.
Agency Information Collection Activities; Marine Mammal Marking, Tagging, and Reporting Certificates, and Registration of Certain Dead Marine Mammal Hard Parts
Document Number: 2023-15829
Type: Notice
Date: 2023-07-26
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection without change.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Green Floater and Designation of Critical Habitat
Document Number: 2023-15143
Type: Proposed Rule
Date: 2023-07-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the green floater (Lasmigona subviridis), a mussel species from as many as 10 States in the eastern United States and the District of Columbia, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973, as amended (Act). This document also serves as our 12-month finding on a petition to list the green floater. After a review of the best available scientific and commercial information, we find that listing the species is warranted. We also propose to designate critical habitat for the green floater under the Act. In total, approximately 2,553 kilometers (1,586 miles) of streams in Maryland, New York, North Carolina, Pennsylvania, Virginia, and West Virginia fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the green floater. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species and its designated critical habitat.
Endangered and Threatened Wildlife and Plants; Two Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-15621
Type: Proposed Rule
Date: 2023-07-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that two species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Illinois chorus frog (Pseudacris illinoensis) and Venus flytrap (Dionaea muscipula). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Seizure and Forfeiture Procedures
Document Number: 2023-15373
Type: Rule
Date: 2023-07-25
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service, FWS, or we) is revising its seizure and forfeiture regulations. These regulations establish procedures relating to property seized or subject to administrative forfeiture under various laws enforced by the Service. This revision sets forth the procedures the Service uses for the seizure, bonded release, appraisement, administrative proceeding, petition for remission, and disposal of items subject to forfeiture under laws administered by the Service and reflects the procedures required by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA) and those of U.S. Customs and Border Protection. This rule makes these regulations easier to understand using simpler language. This revision more clearly explains the procedures used in administrative forfeiture proceedings, makes the process more efficient, and makes the Service's seizure and forfeiture procedures more uniform with those of other agencies subject to CAFRA.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Salina Mucket and Mexican Fawnsfoot and Designation of Critical Habitat
Document Number: 2023-15360
Type: Proposed Rule
Date: 2023-07-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list two mussel species, the Salina mucket (Potamilus metnecktayi) and Mexican fawnsfoot (Truncilla cognata) (which we collectively refer to as the Rio Grande mussels in this document), as endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month findings on petitions to list the Salina mucket and Mexican fawnsfoot. After a review of the best available scientific and commercial information, we find that listing the Salina mucket and Mexican fawnsfoot is warranted. We also propose to designate critical habitat for the Salina mucket and Mexican fawnsfoot under the Act. For Salina mucket, approximately 200 river miles (rmi) (321 river kilometers (rkm)) in Brewster, Terrell, and Val Verde Counties, Texas, fall within the boundaries of the proposed critical habitat designation. For Mexican fawnsfoot, approximately 185 rmi (299 rkm) in Maverick, Webb, and Zapata Counties, Texas, fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Salina mucket and Mexican fawnsfoot. If we finalize this rule as proposed, it would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species and their designated critical habitats.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-15553
Type: Notice
Date: 2023-07-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the ESA. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-15552
Type: Notice
Date: 2023-07-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the ESA. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-15550
Type: Notice
Date: 2023-07-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing the requested permits, we will take into consideration any information that we receive during the public comment period.
Streamlining U.S. Fish and Wildlife Service Permitting of Rights-of-Way Across National Wildlife Refuges and Other U.S. Fish and Wildlife Service-Administered Lands
Document Number: 2023-15453
Type: Proposed Rule
Date: 2023-07-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are revising our proposed rule that would streamline our process for permitting of rights-of-way across National Wildlife Refuge System lands and other Service-administered lands. By aligning Service processes more closely with those of other Department of the Interior (DOI) bureaus, to the extent practicable and consistent with applicable law, we will reduce the amount of time the Service requires to process applications for rights-of-way across Service-managed lands. We originally proposed revisions that included requiring a preapplication meeting and use of a standard application, allowing electronic submission of applications, and providing the Service with additional flexibility, as appropriate, to determine the fair market value or fair market rental value of rights-of-way across Service-managed lands. We now further propose new permit terms and conditions and other regulatory changes. The Service seeks comments on this revised proposed rule.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Cactus Ferruginous Pygmy-Owl
Document Number: 2023-14486
Type: Rule
Date: 2023-07-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum), a bird subspecies found in Mexico, southern Arizona, and southern Texas. This rule adds the subspecies to the List of Endangered and Threatened Wildlife. We also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this subspecies. We concluded that designation of critical habitat is prudent and determinable at this time. Critical habitat will be proposed in a separate rule-making.
Endangered and Threatened Wildlife and Plants; Removing Golden Paintbrush From the Federal List of Endangered and Threatened Plants
Document Number: 2023-14971
Type: Rule
Date: 2023-07-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), remove the golden paintbrush (Castilleja levisecta) from the Federal List of Endangered and Threatened Plants as it no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). The golden paintbrush is a flowering plant native to southwestern British Columbia, western Washington, and western Oregon. Our review of the best available scientific and commercial data indicates threats to the golden paintbrush have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the Act.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Green Sea Turtle
Document Number: 2023-14225
Type: Proposed Rule
Date: 2023-07-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to designate critical habitat for five distinct population segments (DPSs) of the green sea turtle (Chelonia mydas) under the Endangered Species Act of 1973, as amended (ESA or Act). The five DPSs include the federally threatened North Atlantic, South Atlantic, and Central North Pacific DPSs and the federally endangered Central South Pacific and Central West Pacific DPSs. In total, approximately 8,870 acres (ac) (3,590 hectares (ha)) are proposed across 101 units in the States of Florida and Hawai[revaps]i; the territories of the U.S. Virgin Islands, American Samoa, and Guam; the commonwealths of Puerto Rico and the Northern Mariana Islands, and two USFWS-managed areas (Midway Islands and Palmyra Atoll). We also announce five public informational meetings and public hearings and the availability of a draft economic analysis of the proposed critical habitat designation for the terrestrial areas included in this proposed rule. Elsewhere in today's Federal Register, the National Marine Fisheries Service (NMFS) is also proposing to designate specific areas in the marine environment as critical habitat for DPSs of the green sea turtle.
Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Categorical Exclusion; Blacklake Sewer System Consolidation Project, San Luis Obispo County, CA
Document Number: 2023-15277
Type: Notice
Date: 2023-07-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Nipomo Community Service District (Applicant) for an incidental take permit (ITP) under the Endangered Species Act. The Applicant requests the ITP to take the California red-legged frog (Rana draytonii) incidental to the construction of a new lift station and associated facilities to decommission the existing Blacklake Wastewater Reclamation Facility, in San Luis Obispo County, California. We request public comment on the application, which includes the Applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Desert Tortoise General Conservation Plan, CA
Document Number: 2023-15037
Type: Notice
Date: 2023-07-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), provide this notice to open a public scoping period and announce public scoping meetings in accordance with the National Environmental Policy Act. We intend to prepare an environmental impact statement (EIS) to evaluate the impacts on the human environment related to our proposal to implement a general conservation plan for the federally threatened desert tortoise (Gopherus agassizii) in California, pursuant to the Endangered Species Act.
Endangered Species; Issuance of Permits
Document Number: 2023-15070
Type: Notice
Date: 2023-07-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species. We issue these permits under the Endangered Species Act (ESA).
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-15064
Type: Notice
Date: 2023-07-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Policy Regarding Voluntary Prelisting Conservation Actions
Document Number: 2023-14943
Type: Notice
Date: 2023-07-14
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew, without change, an information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Administration of U.S. Fish and Wildlife Service Investigational New Animal Drug (INAD) Program
Document Number: 2023-14834
Type: Notice
Date: 2023-07-13
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Injurious Wildlife; Importation Certification for Live Fish and Fish Eggs
Document Number: 2023-14833
Type: Notice
Date: 2023-07-13
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection with revisions.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-14526
Type: Notice
Date: 2023-07-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Park Square Enterprises, LLC (Leesburg ROW; applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction of a roadway in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Marine Mammals; Letters of Authorization To Take Pacific Walruses and Polar Bears in the Beaufort Sea, Alaska, in 2022
Document Number: 2023-14442
Type: Notice
Date: 2023-07-10
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Marine Mammal Protection Act of 1972, as amended, the U.S. Fish and Wildlife Service issued letters of authorization (LOA) for the nonlethal take of polar bears and Pacific walruses incidental to oil and gas industry exploration, development, and production activities in the Beaufort Sea and the adjacent northern coast of Alaska in 2022. This notice announces the LOAs issued in calendar year 2022. The LOAs stipulate conditions and methods that minimize impacts to polar bears and Pacific walruses from these activities.
Endangered Species; Recovery Permit Applications
Document Number: 2023-14509
Type: Notice
Date: 2023-07-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Dunes Sagebrush Lizard
Document Number: 2023-13859
Type: Proposed Rule
Date: 2023-07-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the dunes sagebrush lizard (Sceloporus arenicolus), a species found only in southeastern New Mexico and west Texas, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the dunes sagebrush lizard. After a review of the best available scientific and commercial information, we find that listing the species is warranted. If we finalize this rule as proposed, it will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We find the designation of critical habitat to be prudent but not determinable at this time.
Endangered and Threatened Wildlife and Plants; Designation of Experimental Populations
Document Number: 2023-13672
Type: Rule
Date: 2023-07-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish Wildlife Service (Service), revise the regulations concerning experimental populations of endangered species and threatened species under the Endangered Species Act. We remove language generally restricting the introduction of experimental populations to only the species' ``historical range'' to allow for the introduction of populations into habitat outside of their historical range for conservation purposes. To provide for the conservation of certain species, we have concluded that it may be increasingly necessary and appropriate to establish experimental populations outside of their historical range if the species' habitat has undergone, is undergoing, or is anticipated to undergo irreversible decline and is no longer capable of supporting the species due to threats such as climate change or invasive species. We added language that the Secretary will also consider any adverse effects that may result to the ecosystem from the experimental population being established. We also made minor changes to clarify the existing regulations; these minor changes do not alter the substance or scope of the regulations.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Northeast Region Alaska Native Handicrafts
Document Number: 2023-13960
Type: Notice
Date: 2023-06-30
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection without change.
Agency Information Collection Activities; U.S. Fish and Wildlife Service Concessions
Document Number: 2023-13959
Type: Notice
Date: 2023-06-30
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection without change.
Endangered and Threatened Wildlife and Plants; Removal of the Okaloosa Darter From the Federal List of Endangered and Threatened Wildlife
Document Number: 2023-12982
Type: Rule
Date: 2023-06-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are removing the Okaloosa darter (Etheostoma okaloosae) from the Federal List of Endangered and Threatened Wildlife (List) due to recovery. This final rule is based on a thorough review of the best available scientific and commercial information which indicates that the threats to the species have been eliminated or reduced to the point that the species is no longer in danger of extinction or likely to become in danger of extinction within the foreseeable future. Therefore, the species no longer meets the definition of a threatened species, and does not meet the definition of an endangered species, under the Endangered Species Act of 1973, as amended (Act). Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Audubon's Crested Caracara, Brevard County, FL; Categorical Exclusion
Document Number: 2023-13781
Type: Notice
Date: 2023-06-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Malabar PO, LLC and Stellar Communities, LLC (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed Audubon's crested caracara (Polyborus plancus audubonii) incidental to the construction, operation, maintenance, vegetative management, and occupancy of a residential development in Brevard County, Florida. We request public comment on the application, which includes the applicants' proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Scrub-Jay; Marion County, FL; Categorical Exclusion
Document Number: 2023-13780
Type: Notice
Date: 2023-06-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Richard McGinley and Marion County, Florida (Florida Crossroads Commerce Park) (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction of a warehouse, loading docks, parking lots, and associated stormwater systems within an existing industrial park, and incidental to Marion County's expansion of SW 49th Avenue in Marion County, Florida. We request public comment on the application, which includes the applicants' proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Western Fanshell and “Ouachita” Fanshell and Designation of Critical Habitat
Document Number: 2023-13461
Type: Rule
Date: 2023-06-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the western fanshell (Cyprogenia aberti), a freshwater mussel species from Arkansas, Kansas, Missouri, and Oklahoma, and the ``Ouachita'' fanshell (Cyprogenia cf. aberti), a freshwater mussel species from Arkansas and Louisiana. We also designate critical habitat for both species. In total, approximately 261.4 river miles (420.7 kilometers) in Arkansas and Missouri fall within the boundaries of the critical habitat designation for western fanshell. In total, approximately 227.7 river miles (366.5 kilometers) in Arkansas fall within the boundaries of the critical habitat designation for ``Ouachita'' fanshell. In addition, we finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of these species. This rule extends the Act's protections to these species and their designated critical habitats.
Draft Environmental Assessment and Proposed Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Cardinal Point Wind Project, McDonough and Warren Counties, IL
Document Number: 2023-13554
Type: Notice
Date: 2023-06-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received an application from Cardinal Point Wind Farm, LLC for an incidental take permit under the Endangered Species Act, for its Cardinal Point Wind Project (project). If approved, the permit would authorize the incidental take of two endangered species, the Indiana bat and the northern long-eared bat, and two species under federal review, the tricolored bat and little brown bat. The applicant has prepared a habitat conservation plan in support of their application. We also announce the availability of a draft environmental assessment, which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments.
Endangered and Threatened Wildlife and Plants; Review of Species That Are Candidates for Listing as Endangered or Threatened; Annual Notification of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions
Document Number: 2023-13577
Type: Proposed Rule
Date: 2023-06-27
Agency: Fish and Wildlife Service, Department of the Interior
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 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. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants (Lists) during the period October 1, 2021, through September 30, 2022. 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 23 (as of September 30, 2022). Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, and by allowing landowners, resource managers, States, Tribes, range countries, and other stakeholders to take actions 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 earlier candidate conservation measures to alleviate threats to the species.
Agency Information Collection Activities; Sea Lamprey Control Program
Document Number: 2023-13435
Type: Notice
Date: 2023-06-26
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection, without change.
Agency Information Collection Activities; Alaska Subsistence Bird Harvest Survey
Document Number: 2023-13434
Type: Notice
Date: 2023-06-26
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew, without change, a currently approved information collection.
Agency Information Collection Activities; Regulations for the Taking of Migratory Birds for Subsistence Uses in Alaska
Document Number: 2023-13432
Type: Notice
Date: 2023-06-26
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew, without change, an information collection.
Categorical Exclusion and Candidate Conservation Plan; Trinity River Authority Candidate Conservation Agreement With Assurances, Trinity River Basin, TX
Document Number: 2023-13491
Type: Notice
Date: 2023-06-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), make available a draft screening form for a categorical exclusion (dCatEx form) under the National Environmental Policy Act and also a candidate conservation agreement with assurances (CCAA) for water supply, water and wastewater treatment, and reservoir operations, as well as operation and maintenance activities for infrastructure associated with these services (e.g., pipelines, levees) in the Trinity River Basin, Texas. The Trinity River Authority (TRA) has applied for an enhancement of survival permit (EOS permit) that would authorize incidental take of four freshwater mussel species and two turtle species. If approved, the TRA would hold the permit and issue certificates of inclusion (CI) authorizing incidental take to participating non-Federal landowners (partners), including the North Texas Municipal Water District, Tarrant Regional Water District, City of Dallas, and City of Fort Worth. The dCatEx form evaluates the impacts of, and alternatives to, implementation of the proposed CCAA. We invite the public and local, State, Tribal, and Federal agencies to comment on the CCAA and EOS permit application, as well as on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality National Environmental Policy Act regulations and Department of the Interior (DOI) NEPA regulations and the DOI Departmental Manual. To make this preliminary determination, we prepared the dCatEx form, also available for public review.
Candidate Conservation Agreement With Assurances for the Texas Pimpleback (Cyclonaias petrina), Texas Fawnsfoot (Truncilla macrodon), Texas Fatmucket (Lampsilis bracteata), and Balcones Spike (Fusconaia iheringi) in the Lower Colorado River Basin Below O.H. Ivie Reservoir
Document Number: 2023-13337
Type: Notice
Date: 2023-06-23
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that the Lower Colorado River Authority (LCRA) and Lower Colorado River Authority Transmission Services Corporation (LCRA TSC), have applied for an enhancement of survival (EOS) permit supported by the Candidate Conservation Agreement with Assurances for the Texas pimpleback (Cyclonaias petrina), Texas fawnsfoot (Truncilla macrodon), Texas fatmucket (Lampsilis bracteata), and Balcones spike (Fusconaia iheringi) in the Lower Colorado River Basin below O.H. Ivie Reservoir (CCAA). LCRA is a conservation and reclamation district in the State of Texas that provides multiple services in the Colorado River basin, including managing water supplies, managing floods along the Highland Lakes, producing and delivering power, managing parks and recreation areas, and supporting community development. LCRA TSC is a nonprofit corporation conducting electric transmission operations within Texas. They own and operate 5,500 circuit miles of electric transmission lines and maintain and operate equipment at approximately 430 electric substations across the state. The requested EOS permit, if approved, would authorize incidental take of four proposed freshwater mussel species, Texas pimpleback, Texas fawnsfoot, Texas fatmucket, and Balcones spike resulting from activities covered by the CCAA, including freshwater mussel conservation actions, operations, inspections, repairs, construction, and maintenance activities in the Colorado River basin in Texas. We have made a preliminary determination that the CCAA is eligible for categorical exclusion under the National Environmental Policy Act (NEPA). The basis for this determination is contained in a draft NEPA screening form to support the use of a categorical exclusion under NEPA, which evaluates the impacts of EOS permit issuance and implementation of the proposed CCAA. The documents available for comment include the NEPA screening form, the CCAA, and the EOS permit application.
National Wildlife Refuge System; 2023-2024 Station-Specific Hunting and Sport Fishing Regulations
Document Number: 2023-13360
Type: Proposed Rule
Date: 2023-06-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to expand hunting opportunities on three National Wildlife Refuges (NWRs). We also propose to make changes to existing station-specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain language standards. Finally, the best available science, analyzed as part of this proposed rulemaking, indicates that lead ammunition and tackle have negative impacts on both wildlife and human health. In this proposed rule, Blackwater, Chincoteague, Eastern Neck, Erie, Great Thicket, Patuxent Research Refuge, Rachel Carson, and Wallops Island NWRs are each proposing a non-lead requirement, which would take effect on September 1, 2026, if we adopt them as part of a final rule. While the Service continues to evaluate the future of lead use in hunting and fishing on Service lands and waters, this rulemaking does not include any opportunities proposing to increase or authorize the new use of lead beyond fall 2026.
Endangered and Threatened Wildlife and Plants; Revision of Regulations for Interagency Cooperation
Document Number: 2023-13054
Type: Proposed Rule
Date: 2023-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We, FWS and NMFS (collectively referred to as the ``Services'' or ``we''), propose to amend portions of our regulations that implement section 7 of the Endangered Species Act of 1973, as amended. The Services are proposing these changes to further clarify and improve the interagency consultation processes, while continuing to provide for the conservation of listed species.
Endangered and Threatened Wildlife and Plants; Listing Endangered and Threatened Species and Designating Critical Habitat
Document Number: 2023-13053
Type: Proposed Rule
Date: 2023-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; collectively, the ``Services''), propose to revise portions of our regulations that implement section 4 of the Endangered Species Act of 1973, as amended (Act). The proposed revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat.
Endangered and Threatened Wildlife and Plants; Regulations Pertaining to Endangered and Threatened Wildlife and Plants
Document Number: 2023-13055
Type: Proposed Rule
Date: 2023-06-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise our regulations concerning protections of endangered species and threatened species under the Endangered Species Act (Act). We are proposing to reinstate the general application of the ``blanket rule'' option for protecting newly listed threatened species pursuant to section 4(d) of the Act, with the continued option to promulgate species-specific rules. We are also proposing to extend to federally recognized Tribes the exceptions to prohibitions for threatened species that the regulations currently provide to the employees or agents of the Service and other Federal and State agencies to aid, salvage, or dispose of threatened species. We are also proposing minor changes to clarify or correct the existing regulations for endangered and threatened species; these proposed minor changes would not alter the substance or scope of the regulations. We also request comments on an additional provision under consideration, but not currently proposed, that would extend to federally recognized Tribes the exceptions to prohibitions for threatened species that the regulations currently provide to employees or agents of the Service, the National Marine Fisheries Service, and State agencies for take associated with conservation-related activities.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Southern Elktoe and Designation of Critical Habitat
Document Number: 2023-12315
Type: Proposed Rule
Date: 2023-06-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the southern elktoe (Alasmidonta triangulata), a freshwater mussel species endemic to the Apalachicola-Chattahoochee-Flint Basin of Alabama, Georgia, and Florida, as an endangered species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the southern elktoe. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the southern elktoe as an endangered species under the Act. We also propose to designate critical habitat for the southern elktoe under the Act. In total, approximately 578 river miles (929 river kilometers) in Russell County, Alabama; Calhoun, Franklin, Gadsden, Gulf, Jackson, and Liberty Counties, Florida; and Baker, Coweta, Crawford, Decatur, Dooly, Dougherty, Fayette, Harris, Macon, Meriwether, Mitchell, Peach, Pike, Spalding, Sumter, Talbot, Taylor, and Upson Counties, Georgia, fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for southern elktoe. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species and its critical habitat.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Horseshoe Crab and Cooperative Fish Tagging Programs
Document Number: 2023-12786
Type: Notice
Date: 2023-06-15
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection without change.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-12785
Type: Notice
Date: 2023-06-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Park Square Commercial (Fruitland Park ApartmentsRegent Street) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction of a residential development in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-12722
Type: Notice
Date: 2023-06-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits, permit renewals, and/or permit amendments to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion
Document Number: 2023-12718
Type: Notice
Date: 2023-06-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from David Clampitt (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Alabama beach mouse (Peromyscus polionotus ammobates) incidental to construction in the City of Orange Beach, Baldwin County, Alabama. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Orange County, FL; Categorical Exclusion
Document Number: 2023-12714
Type: Notice
Date: 2023-06-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Unicorp National Developments, LLC (Sutton Lakes) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink incidental to the construction of a residential development in Orange County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Marion County, FL; Categorical Exclusion
Document Number: 2023-12713
Type: Notice
Date: 2023-06-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from TC Florida Development Inc. (Crossroads Industrial; applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction of a warehouse, loading docks, parking lots, and the associated stormwater systems, within an existing industrial park in Marion County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Federal Fish and Wildlife Permit Applications and Reports-Migratory Birds
Document Number: 2023-12602
Type: Notice
Date: 2023-06-13
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an existing information collection, with revisions.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-12598
Type: Notice
Date: 2023-06-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing the requested permits, we will take into consideration any information that we receive during the public comment period.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Navasota False Foxglove and Designation of Critical Habitat
Document Number: 2023-12129
Type: Proposed Rule
Date: 2023-06-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list Navasota false foxglove (Agalinis navasotensis), a plant species from Grimes and Tyler Counties, Texas, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list Navasota false foxglove. After a review of the best available scientific and commercial information, we find that listing the species is warranted. We also propose to designate critical habitat for Navasota false foxglove under the Act. In total, approximately 1.9 acres (0.8 hectares) in Grimes and Tyler Counties, Texas, fall within the boundaries of the proposed critical habitat designation. In addition, we announce the availability of a draft economic analysis of the proposed designation of critical habitat for Navasota false foxglove. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species and its designated critical habitat.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-12383
Type: Notice
Date: 2023-06-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Regulations To Implement the Big Cat Public Safety Act
Document Number: 2023-12636
Type: Rule
Date: 2023-06-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are amending our implementing regulations for the Captive Wildlife Safety Act (CWSA) by incorporating the requirements of the Big Cat Public Safety Act (BCPSA) in the CWSA regulations. On December 20, 2022, the BCPSA amended the Lacey Act Amendments of 1981 to clarify provisions enacted by the CWSA and to further the conservation of certain wildlife species. The BCPSA makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or breed or possess prohibited wildlife species (lions, tigers, leopards, snow leopards, clouded leopards, jaguars, cheetahs, and cougars, or any hybrids thereof), with certain exceptions. The BCPSA also requires an entity or individual who does not qualify for one of the other exceptions and is in possession of any prohibited wildlife species to register each such animal with the Service not later than June 18, 2023, allowing pre-BCPSA owners to register their pre-BCPSA big cats to continue to possess them under the pre-BCPSA exception.
Aquatic Nuisance Species Task Force; Teleconference/Web Meeting
Document Number: 2023-12392
Type: Notice
Date: 2023-06-12
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service gives notice of a teleconference/web meeting of the Aquatic Nuisance Species (ANS) Task Force, in accordance with the Federal Advisory Committee Act.
Receipt of Incidental Take Permit Application for Participation in the General Conservation Plan for Oil and Gas Activities; Draft Categorical Exclusion for the Conoco Philips Soil Remediation Project; Santa Barbara County, CA
Document Number: 2023-12338
Type: Notice
Date: 2023-06-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application from Conoco Philips for an incidental take permit (ITP), pursuant to the Endangered Species Act, under the approved General Conservation Plan for Oil and Gas Activities (GCP). If granted, the ITP would authorize take of the California red-legged frog (Rana draytonii) and the Santa Barbara County distinct population segment (DPS) of the California tiger salamander (Ambystoma californiense), incidental to excavation and remediation of soils contaminated with hydrocarbons at the historical Cox 3-32 oil well sump and oilfield lease access road. The Service prepared a draft screening form in accordance with the National Environmental Policy Act to evaluate the potential effects of the specific project to the natural and human environment resulting from issuing an ITP to the applicant. We invite the public and local, State, Tribal, and Federal agencies to comment on the draft screening form and the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Swale Paintbrush
Document Number: 2023-12132
Type: Proposed Rule
Date: 2023-06-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the swale paintbrush (Castilleja ornata), a flowering plant species from New Mexico within the United States and the states of Chihuahua and Durango in Mexico, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the swale paintbrush. After a review of the best available scientific and commercial information, we find that listing the species is warranted. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. We find that designating critical habitat for the swale paintbrush is not prudent at this time.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Southcentral Alaska Stock of Northern Sea Otters in Whittier, Alaska
Document Number: 2023-12233
Type: Notice
Date: 2023-06-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from Turnagain Marine Construction, propose to authorize nonlethal, incidental take by harassment of small numbers of the Southcentral Alaska stock of northern sea otters (Enhydra lutris kenyoni) for 1 year from the date of issuance of the incidental harassment authorization. The applicant has requested this authorization for take by harassment that may result from activities associated with pile driving and marine construction activities on the western shore of Passage Canal in Whittier, Alaska. We estimate that this project may result in the nonlethal incidental take by harassment of up to 44 northern sea otters from the Southcentral stock. This proposed authorization, if finalized, will be for up to 70 takes of 7 northern sea otters by Level A harassment and 544 takes of 37 northern sea otters by Level B harassment. No lethal take is requested, or expected, and no such take will be authorized.
Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Categorical Exclusion; Monterey County Water Resources Agency Salinas River Lagoon and Sandbar Management Project, Monterey County, CA
Document Number: 2023-11894
Type: Notice
Date: 2023-06-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft habitat conservation plan (HCP) and draft low effect screening form and environmental action statement (draft screening form) for activities associated with an application for an incidental take permit (ITP) under the Endangered Species Act. The ITP would authorize take of the tidewater goby and western snowy plover incidental to activities associated with management of the Salinas River Lagoon in Monterey County, California. The applicant developed the draft HCP as part of their application for an ITP. The Service prepared a draft low-effect screening form and environmental action statement in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing an ITP to the applicant. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents.
Endangered Wildlife; Recovery Permit Applications
Document Number: 2023-11801
Type: Notice
Date: 2023-06-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for permits to conduct activities intended to recover and enhance endangered species survival. With some exceptions, the Endangered Species Act (ESA) prohibits certain activities that may impact endangered species, unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing these permits.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Northeast Region Hunter Participation Surveys
Document Number: 2023-11747
Type: Notice
Date: 2023-06-02
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection not in use without Office of Management and Budget (OMB) approval.
Agency Information Collection Activities; Migratory Bird Surveys
Document Number: 2023-11745
Type: Notice
Date: 2023-06-02
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection, with changes.
Exhibition of Migratory Birds and Eagles
Document Number: 2023-11653
Type: Proposed Rule
Date: 2023-06-01
Agency: Fish and Wildlife Service, Department of the Interior
This document advises the public that the U.S. Fish and Wildlife Service (Service, or we) intends to gather information necessary to develop a proposed rule for the exhibition of migratory birds and eagles. We are furnishing this advance notice of proposed rulemaking to advise other agencies and the public of our intentions and obtain suggestions and information on the scope of issues to include in the rulemaking.
Regulatory Authorizations for Migratory Bird and Eagle Possession by the General Public, Educators, and Government Agencies
Document Number: 2023-11652
Type: Proposed Rule
Date: 2023-06-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to amend our regulations to revise current regulatory authorizations and add new regulatory authorizations for possession of migratory birds and eagles and other purposes. These proposed changes would more efficiently and appropriately authorize the general public, educators, and government agency employees to possess birds and eagles in certain specific situations while meeting our obligations under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. We also propose a change to the Airborne Hunting Act regulations to clarify what Federal authorizations may be used to comply with that statute.
Endangered and Threatened Wildlife and Plants; Enhancement of Survival Permit Application; Candidate Conservation Agreement With Assurances and Categorical Exclusion for the Greater Sage-Grouse; Morgan, Rich, Summit, and Weber Counties, Utah
Document Number: 2023-11708
Type: Notice
Date: 2023-06-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are announcing the availability of documents related to an application for an enhancement of survival permit (permit) under the Endangered Species Act. Farmland Reserve, Inc. (FRI) and AgReserves, Inc. (ARI) (collectively referred to as DLL) have applied for a permit associated with the implementation of a candidate conservation agreement with assurances (CCAA) for the greater sage-grouse (Centrocercus urophasianus) for the Deseret Land and Livestock (DLL Ranch) in Utah. The purpose of this CCAA is for the Service to join with the Utah Division of Wildlife Resources and DLL (collectively, the parties to this CCAA), to implement conservation measures for greater sage-grouse in a manner that is consistent with the Service's Policy on CCAAs and applicable Service regulations. The documents available for review and comment are the applicant's CCAA, which is part of the permit application, and our draft environmental action statement and low- effect screening form, which support a categorical exclusion under the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments.
Marine Mammal Protection Act; Receipt of Permit Application
Document Number: 2023-11448
Type: Notice
Date: 2023-05-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on an application to conduct certain activities with marine mammals for which the Service has jurisdiction under the Marine Mammal Protection Act (MMPA). With some exceptions, the MMPA prohibits activities with marine mammals unless Federal authorization is issued that allows such activities. The MMPA also requires that we invite public comment before issuing permits for any activity that is otherwise prohibited with respect to any marine mammal.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Sira Curassow and Southern Helmeted Curassow
Document Number: 2023-11471
Type: Proposed Rule
Date: 2023-05-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Sira curassow (Pauxi koepckeae) and southern helmeted curassow (Pauxi unicornis), two bird species from South America, as endangered species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to these species.
Endangered and Threatened Wildlife and Plants; Proposed Low-Effect Habitat Conservation Plan for the Sweetwater Authority Habitat Management Program and Habitat Recovery Project, County of San Diego, CA
Document Number: 2023-11226
Type: Notice
Date: 2023-05-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce receipt of an application for an incidental take permit under the Endangered Species Act and a draft habitat conservation plan from the Sweetwater Authority. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, which is also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle
Document Number: 2023-10077
Type: Rule
Date: 2023-05-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the Miami tiger beetle's critical habitat.
Endangered Species; Recovery Permit Applications
Document Number: 2023-10647
Type: Notice
Date: 2023-05-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
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