Department of the Interior January 2005 – Federal Register Recent Federal Regulation Documents

The U.S. Fish and Wildlife Service (Service) announces the availability for public review of the draft revised Recovery Plan for the Whooping Crane (Grus americana). The whooping crane is found in the United States east of the Rocky Mountains and in central Canada. The Service solicits review and comment from the public on this draft revised Recovery Plan.

The following applicants have applied for a scientific research permit to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (``we'') solicits review and comment from local, State, and Federal agencies, and the public on the following permit requests.

The Bureau of Land Management (BLM) has officially filed the plats of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, effective 9 a.m., on the dates specified.

Pursuant to the National Environmental Policy Act of 1969, as amended, the U.S. Fish and Wildlife Service (Service) as the lead agency, advises the public that it is preparing an Environmental Impact Statement (EIS) for the Agua Caliente Band of Cahuilla Indians Habitat Conservation Plan (HCP) in Riverside County, California. The proposed HCP is being prepared in compliance with the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The HCP is intended to support the issuance of an incidental take permit to the Agua Caliente Band of Cahuilla Indians (Tribe) from the Service under section 10(a)(1)(B) of the Act. The requested incidental take permit, if granted, would authorize the permittees to incidentally take species federally listed under the Act as a result of activities proposed to be covered under the HCP. It would also address incidental take of other species that are not currently listed, should they be listed during the permit term. The planning area for the HCP is located within the Coachella Valley in eastern Riverside County. The HCP would provide measures to minimize and mitigate the impacts of the proposed taking of covered species and the habitats upon which they depend. The Service is furnishing this notice in compliance with the National Environmental Policy Act and implementing regulations for the following purposes: (1) to advise other Federal and State agencies, affected tribes, and the public of our intent to prepare an EIS; (2) announce the initiation of a 30-day public scoping period; and (3) to obtain suggestions and information on the scope of issues and alternatives to be considered in the EIS.

This notice announces three public meetings of the Delaware Water Gap National Recreation Area Citizen Advisory Commission. Notice of these meetings is required under the Federal Advisory Committee Act, as amended (5 U.S.C. App.2).

Pursuant to the Decision adopted by the 27th Session of the World Heritage Committee (Document: WHC-03/27.COM/7A.12) accepted by the United States Government, the National Park Service (NPS) announces the publication for comment of a Draft Site Progress Report to the World Heritage Committee for Yellowstone National Park, Wyoming, Idaho and Montana.

The Bureau of Land Management (BLM) received a competitive coal lease application from Black Butte Coal Company (BBCC) for a maintenance tract adjacent to its existing Black Butte Mine in Sweetwater County, Wyoming. A maintenance tract is a parcel of land containing coal reserves nominated for leasing that may be used to extend an existing mine. This tract, assigned case number WYW160394, is called the Pit 14 Tract and was applied for as a lease by application (LBA) under the provisions of 43 Code of Federal Regulations 3425. Consistent with regulations pertaining to National Environmental Policy Act (NEPA), the BLM must prepare an environmental document prior to allowing the coal lease to be sold. Under the provisions of Section 102(2)(c) of NEPA, the BLM announces its intentions to prepare an EIS and to solicit public comments regarding issues and resource information. Consistent with regulations found at 43 CFR 3425, this NOI also serves to notify the public that a coal lease is under consideration.

This order extends Public Land Order No. 6597 for an additional 20-year period. This extension is necessary to continue the protection of the White Mountain Petroglyphs Site in Sweetwater County.

Pursuant to the National Environmental Policy Act (NEPA) the U.S. Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare a NEPA document and determine whether to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS) for a proposed habitat conservation plan (HCP) that is being prepared by the Rio Grande Water Conservation District (District) on behalf of Alamosa, Conejos, Costilla, Rio Grande, and Saguache Counties (five counties). The proposed HCP is being prepared in support of an application for an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). The District intends to apply for an ITP, through development and implementation of the San Luis Valley Regional Habitat Conservation Plan (HCP), as required by the ESA. The HCP will provide measures to minimize and mitigate the impacts of the proposed actions, which might result in take of federally listed species. We provide this notice to: (1) Advise other Federal and State agencies, affected tribes, and the public of our intent to prepare a NEPA document; (2) Announce the initiation of a public scoping period; and (3) Obtain suggestions and information on the scope of issues and alternatives to be considered in the scoping process.

This notice publishes the Forest County Potawatomi Community Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Forest County Potawatomi Community. The land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the Forest County Potawatomi Community and will increase the ability of the tribal government to control the Community's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Office of the Secretary is issuing public notice of our intent to change an existing Privacy Act system of records notice entitled, Interior BIA-18 ``Law Enforcement Services.'' The revisions will change the name of the system to Interior BIA-18, ``Case Incident Reporting System.'' Other changes to Interior BIA-18 include updating data in the following fields: System Locations, Categories of Individuals Covered by the System, Categories of Records in the System, Routine Uses of Records Maintained in the System, Categories of Users and the Purposes of Such Uses, Policies and Practices for Storing, Retrieving, Accessing, Retaining and Disposing of Records in the System. The Department of the Interior is issuing public notice of its intent to amend portions of an existing Privacy Act system of records subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice amendment of an existing records systems maintained by the agency (5 U.S.C. 552a(e)(4)).

The Department of the Interior is issuing public notice of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). The new system of records is called the Enterprise Access Control Service (EACS)Interior, DOI-30.

We, the U.S. Fish and Wildlife Service (Service) establish a rule for the nonessential experimental populations (NEPs) of the Western Distinct Population Segment (DPS) of the gray wolf (Canis lupus), so that in States and on Tribal reservations with Service- approved wolf management plans, we can better address the concerns of affected landowners and the impacts of a biologically recovered wolf population. In addition, States and Tribes with Service accepted wolf management plans can petition the Service for lead management authority for experimental wolves consistent with this rule. Within the Yellowstone and central Idaho experimental population areas, only the States of Idaho and Montana currently have approved management plans for gray wolves. The State of Wyoming has prepared a wolf management plan that was not approved by the Service. No Tribes have approved management plans. Therefore, at this point in time these regulatory changes only affect wolf management within the experimental population areas in Montana and Idaho. As we discussed in our advance notice of proposed rulemaking regarding delisting the Western DPS of the gray wolf (68 FR 15879; April 1, 2003), once Wyoming has an approved wolf management plan, we intend to propose removing the gray wolf in the Western DPS from the List of Endangered and Threatened Wildlife. This rule does not affect gray wolves in the Eastern DPS, the Southwestern DPS, or the non-experimental wolves in the Western DPS.

This notice publishes the approval of the Tribal-State Off- Track Wagering Compact between the Peoria Tribe of Indians and the State of Oklahoma.

Notice is hereby given that certain coal resources in the West Roundup Tract described below in Campbell County, WY, will be reoffered for competitive lease by sealed bid in accordance with the provisions of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.).

This notice announces the intent to hold a Resource Advisory Council (RAC) meeting for in the Twin Falls District of Idaho on Wednesday, February 9, 2005. The meeting will be held in the Oak Room at the Red Lion Canyon Springs Hotel, 1357 Blue Lakes Boulevard, in Twin Falls, Idaho.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (40 CFR part 1500-1508), the National Park Service (NPS), Department of the Interior, has prepared a Draft Environmental Impact Statement identifying and evaluating five alternatives for a Non-Native Deer Management Plan for Point Reyes National Seashore administered lands. Potential impacts, and appropriate mitigations, are assessed for each alternative. When approved, the plan will guide, for the next 15 years, non-native deer management actions on lands administered by Point Reyes National Seashore. The Non-Native Deer Management Plan and Draft Environmental Impact Statement documents the analyses of four action alternatives, and a ``no action'' alternative. Five other preliminary alternatives were considered but rejected because they did not achieve the objectives of the non-native deer management plan or were infeasible. Planning Background: Axis deer (Axis axis) are native to India and fallow deer (Dama dama) are native to Asia Minor and the Mediterranean region. Axis and fallow deer were introduced to the Point Reyes area in the 1940s and 1950s, before establishment of the Seashore. Between 1976 and 1994, NPS rangers removed more than 2,000 non-native deer. In 1994, cullling was discontinued. Since then, non-native deer have not been actively managed and numbers and range have increased to, or surpassed, pre-control levels. Seashore staff estimates current numbers of axis and fallow deer to be approximately 250 and 860, respectively. The purpose of the Non-Native Deer Management Plan (NNDMP) is to define management prescriptions for non-native deer. Both the park's General Management Plan (GMP) and Resource Management Plan (RMP), identify goals for management of these exotic species. The park's 1999 RMP indicates ``Regardless of potential competition and disease issues, the presence of these non-native deer compromises the ecological integrity of the Seashore and the attempts to reestablish the native cervid fauna comprising tule elk and black-tailed deer'' and notes that three scientific panels comprised of federal, state, and university researchers and managers recommended the removal of non-native deer to promote restoration of native deer and elk. The objectives of the plan are: To correct past and ongoing disturbances to Seashore ecosystems from introduced non-native ungulates and thereby to contribute substantially to the restoration of naturally functioning native ecosystems. To minimize long-term impacts, in terms of reduced staff time and resources, to resource protection programs at the Seashore, incurred by continued monitoring and management of non-native ungulates. To prevent spread of populations of both species of non- native deer beyond Seashore and GGNRA boundaries. To reduce impacts of non-native ungulates through direct consumption of forage, transmission of disease to livestock and damage to fencing to agricultural permittees within pastoral areas. The primary problems associated with the presence of these nonnative deer are their interference with native species and native ecosystems; conflicts with the laws, regulations and NPS policies regarding restoration of natural conditions and native species; and the impacts on ranchers in the park, on park operations, budget. In addition there is the potential for each of these impacts to increase as deer populations expand beyond park boundaries. The objectives of the planning effort are to solve these problems. The planning area for the NNDMP includes NPS lands located approximately 40 miles northwest of San Francisco in Marin County, California. These lands include the 70,046-acre Point Reyes National Seashore, comprised primarily of beaches, coastal headlands, extensive freshwater and estuarine wetlands, marine terraces, and forests; as well as 18,000 acres of the Northern District of Golden Gate National Recreation Area (GGNRA), primarily supporting annual grasslands, coastal scrub, and Douglas-fir and coast redwood forests. Thirty-five percent, or 32,000 acres, of Seashore lands are managed as wilderness. Proposed Non-Native Deer Management Plan: Alternative E is the agency-preferred alternative in the Draft Environmental Impact Statement (EIS). Under this alternative (Removal of All Non-Native Deer by a Combination of Agency Removal and Fertility control -Sterilants or Yearly Contraception), all axis and fallow deer inhabiting the Seashore and the GGNRA lands administered by the Seashore would be eradicated by approximately 2020 through lethal removal and fertility control. Culling would be conducted by NPS staff specifically trained in wildlife sharpshooting. The contraceptive program would incorporate the latest contraceptive technologies to safely prevent reproduction, for as long as possible, and with minimal treatments per animal. Because no long-acting ``sterilant'' has been approved for use in wildlife by the Food and Drug Administration, studies on safe and efficacious use of a candidate drug would have to be conducted at PRNS before it could be used for management and population control. Population models of Seashore fallow deer indicate that under this alternative, if the contraceptives used were effective in blocking fertility for at least 4 years, eradication could be accomplished with fewer fallow deer lethally removed. Because the effectiveness of long-term contraceptives on axis deer is unknown, similar models have not been developed for this species. Studies on sterilant efficacy and deer population response to treatment will be used adaptively to guide the non-native deer management program. The goal will be to maximize benefits to natural resources and minimize safety risks to NPS staff, while striving to reduce numbers of animals killed. Alternatives To Proposed Plan: The NNMP / Draft EIS analyzes four alternatives besides the preferred alternative. Alternatives E and D (Removal of All Non-Native Deer by Agency Removal) are both identified in the Draft EIS as the ``environmentally preferred'' alternatives and are considered equally likely to best protect the biological and physical environment of the project area. Both would result in eradication of non-native deer within 15 years and consequently would result in complete removal of all adverse impacts caused by non-native deer to wildlife, vegetation, soils, special status species and water resources. Alternative ANo Action. This alternative represents the current non-native deer management program. It would perpetuate the non-native deer management practices undertaken since 1994, when ranger culling was discontinued. No actions to control the size of non-native deer populations would be taken. In order to ensure protection of native species and ecosystems, continued monitoring for at least 15 years would be an integral part of this alternative as well as all other alternatives considered. Alternative BControl of Non-Native Deer at Pre-Determined Levels by Agency Removal. Alternative B would focus on the use of lethal control to reduce the size of non-native deer populations. Culling would be conducted by NPS staff specifically trained in wildlife sharpshooting. Non-native deer populations would be maintained at a level of 350 for each species (700 total axis and fallow deer). Because fallow deer concentrations are currently higher than this, and axis deer populations are lower than this target, the focus of initial reductions would be on fallow deer. This target population level was chosen because of its history, and for management reasons. However, the number would be re-evaluated by resource managers regularly and could be changed based on results of ongoing monitoring programs. Efforts would be made to reach target (reduced) levels in 15 years and to ensure continued presence of both species in the Seashore. Because fallow deer currently exceed 350 animals, and axis deer have historically done so, any chosen population control method would need to be used in perpetuity to maintain each species at this population size. Because the management time frame is very long (theoretically lasting forever), the total numbers of deer lethally removed could be very high. Alternative CControl of Non-Native Deer at Pre-Determined Levels by Agency Removal and Fertility Control. As in Alternative B, non- native deer populations would be maintained at a level of 350 for each species (700 total axis and fallow deer), but through a combination of lethal removals and fertility control. This target population level was chosen because of its history, and for management reasons. However, the number would be re-evaluated by resource managers regularly and could be changed based on results of ongoing monitoring programs. Culling would be conducted by NPS staff specifically trained in wildlife sharpshooting. The contraceptive program would incorporate the latest contraceptive technologies to safely prevent reproduction, for as long as possible, and with minimal treatments per animal. Because no long- acting ``sterilant'' has been approved for use in wildlife by the Food and Drug Administration, studies on safe and efficacious use of a candidate drug would have to be conducted at PRNS before it could be used for management and population control. Population models of Seashore fallow deer indicate that under Alternative C, if the contraceptive used were effective in blocking fertility in does for at least 4 years, population control could be accomplished with fewer fallow deer lethally removed. Because the effectiveness of long-term contraceptives on axis deer is unknown, similar models have not been developed for this species. Studies on sterilant efficacy and deer population response to treatment would be used adaptively to guide the non-native deer management program in maximizing benefits to natural resources and in minimizing safety risks to NPS staff, while striving to reduce numbers of animals killed. Because fallow deer numbers are currently higher than 350, and axis deer populations are lower than this target, the focus of initial reductions would be on fallow deer. Efforts would be made to reach target (reduced) levels in 15 years. Because the goal of this alternative will be to control axis and fallow deer at a specified level and not to eradicate them from PRNS, annual culling and fertility control would continue indefinitely. Because the management time frame is very long (theoretically lasting forever), the total numbers of deer removed and treated with contraceptives could also be very high under this alternative. Alternative DRemoval of All Non-Native Deer by Agency Personnel. In Alternative D, all axis and fallow deer inhabiting the Seashore and the GGNRA lands administered by the Seashore would be eradicated through lethal removal (shooting) by 2020. Culling would be conducted by NPS staff specifically trained in wildlife sharpshooting. The management actions included in this alternative would continue until both species were extirpated, with a goal of full removal in no more than 15 years. This time frame minimizes the total number of deer removed (a longer period of removal would mean more fawns are born and more total deer are killed) and is reasonable from a cost and logistics standpoint. Because of their current large numbers (250 axis deer and 860 fallow deer), it is expected that total removal of both species would require a minimum of 13 years. Monitoring during program implementation would be done to assess program success and to guide adjustments in the location, intensity and logistics of removal. Actions Common to All AlternativesIn order to ensure protection of native species and ecosystems and to assess success of any management program, continued monitoring for at least 15 years would be an integral part of any Alternative Chosen. All actions which involve direct management of individual animals, ranging from aerial surveillance to live capture and lethal removal, would be conducted in a manner which minimizes stress, pain and suffering to every extent possible. All actions occurring in designated Wilderness, from monitoring to active deer management, would be consistent with the ``minimum requirement'' concept. Scoping Summary: On April 10, 2002, a ``Notice of Scoping for Non- Native Deer Management Plan at Point Reyes National Seashore'' was published in the Federal Register (v67, n69, pp 17446-17447). Through public scoping and internal analysis by the Seashore's interdisciplinary NNDMP/EIS team, it was determined that an Environmental Impact Statement, rather than an Environmental Assessment, should be prepared. As mandated by NEPA, an EIS was chosen because data was deemed insufficient to decide whether the project had potential to be controversial because of disagreement over possible environmental effects. In addition to consulting NPS resource specialists, within and outside the Seashore, park managers consulted federal, state and local agencies about management issues of concern. The beginning of public scoping was announced on May 4, 2002, at a public meeting of the Point Reyes National Seashore Citizens Advisory Commission with a presentation on the NNDMP planning process. In this meeting, input on non-native deer management issues of concern and range of alternatives was solicited from the public. The public meeting featured a short presentation by the Seashore wildlife biologist on the environmental planning process, background on non-native deer, and issues of importance to park management. Background informational handouts were provided. Members of the Citizen's Advisory Committee for Point Reyes National Seashore and Golden Gates National Recreation Area were given the opportunity to ask questions of park staff. Five individuals spoke at the public meeting. A sign-up sheet at the public meeting provided an opportunity for members of the public to be included on a mailing list for upcoming information on the management plan in development. Public comments were accepted in letter or email form from May 4, 2002 until July 5, 2002. All those who sent written comments during the scoping period and included a return mailing address were also put on the mailing list. An acknowledgment of the Seashore's receipt of written comments, in postcard form, was also sent to those who wrote letters. A similar e-mail message was sent back to those who emailed comments. A total of 32 written comments were received by the close of the public comment period. The major themes communicated by the public during the May 4, 2002 meeting and the subsequent scoping period encompassed a range, from a desire to retain non-native deer in the park or to use non-lethal deer control techniques, to concern about impacts to natural resources from non-native deer and a desire to eliminate all non-native deer from the Seashore. Commenting on the Draft EIS: The purpose of the management plan is to define management prescriptions for non-native deer. A public workshop on the proposed NNDMP will be held during late winter 2005 at the Point Reyes National Seashore Red Barn meeting (confirmed date and other workshop details will be advertised by direct mailing to 210 individuals and organizations) and a notice placed in the local newspapers. All interested individuals, organizations, and agencies will be encouraged to provide comments, suggestions, and relevant information (earlier scoping comments need not be resubmitted); written comments must be postmarked not later than 60 days following publication in the Federal Register by EPA of their notice of filing of the availability of the Draft EIS (as soon as this date can be confirmed it will be announced on the park's website, and included in the workshop mailing). Questions at this time regarding the NNDMP planning process or work shop should be addressed to the Superintendent either by mail (see address below) or by telephone at (415) 663-8522. Please note that names and addresses of people who comment become part of the public record. If individuals commenting request that their name and/or address be withheld from public disclosure, it will be honored to the extent allowable by law. Such requests must be stated prominently in the beginning of the comments. There also may be circumstances wherein the NPS withholds from the record a respondent's identity, as allowable by law. As always: the NPS will make available to public inspection all submissions from organizations or businesses and from persons identifying themselves as representatives or officials of organizations and businesses; and, anonymous comments may not be considered.

Notice is hereby given that Region 6 of the U.S. Fish and Wildlife Service (Service) has issued the following recovery permits for endangered species, between May 1, 2004, and December 31, 2004. We also announce our intention to issue recovery permits to conduct certain activities pertaining to scientific research and enhancement of survival of endangered species.