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

The National Park Service (NPS) announces public meetings to obtain public comment on the Revised Draft Backcountry Management Plan, General Management Plan Amendment and Environmental Impact Statement (EIS) for Denali National Park and Preserve. The document describes and analyzes the environmental impacts of a preferred alternative and four action alternatives for managing the park and preserve's backcountry. A no action alternative also is evaluated. This announcement provides public meeting dates and locations, and corrects the closing date for receipt of public comments and the e-mail address for electronic comments.

In the September 3, 2004, Federal Register, the National Park Service (NPS) announced its intent to prepare a general management plan and environmental impact statement (GMP/EIS) for Apostle Islands National Lakeshore (APIS). After the scoping period for the GMP/EIS ended, on December 8, 2004, Congress officially designated wilderness in the park. While wilderness management was intended to be part of the proposed planning process, the NPS will incorporate the requirements of a wilderness management plan into the general management plan now that Congress has made the official designation.

Pursuant to section 102(c) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), the National Park Service in cooperation with the Washington State Department of Fish and Wildlife has prepared a Draft Environmental Impact Statement (DEIS) and Mountain Lakes Fishery Management Plan. The DEIS identifies and evaluates four alternatives for management of non-native fish in the natural mountain lakes within North Cascades National Park Service Complex and the Stephen Mather Wilderness. Appropriate mitigation strategies are assessed, and an ``environmentally preferred'' alternative is also identified. When approved, the Mountain Lakes Fishery Management Plan (Plan) will govern all fishery management actions, including potential removal of self-sustaining populations of non-native fish and fish stocking. Background: The National Park Service (NPS) manages North Cascades National Park, Lake Chelan National Recreation Area, and Ross Lake National Recreation Area collectively as the North Cascades National Park Service Complex (hereafter referred to as ``North Cascades''). The Congressionally designated Stephen Mather Wilderness covers ninety- three percent of North Cascades. The rugged, wilderness landscape of North Cascades contains 240 natural mountain lakes. The lakes are naturally fishless due to impassable topographic barriers. Though naturally barren of fish, these lakes contain a rich array of native aquatic life including plankton, aquatic insects, frogs and salamanders. In the late 1800's, settlers began stocking lakes within the present-day boundaries of North Cascades with various species of non- native trout for food and recreation. By the 20th century, fish stocking was a routine lake enhancement practice for the U.S. Forest Service, various counties, and individuals. Then upon its inception in 1933, the Washington Department of Game (WDG; now the Washington Department of Fish and Wildlife, or WDFW) assumed responsibility for stocking mountain lakes throughout the state to create and maintain a recreational fishery. The state's involvement grew largely out of the need to prevent haphazard stocking by individuals without biological expertise. With particular emphasis on systematic assessment of fish species and stocking rates, the WDG conducted the first high lakes fisheries research and developed many principles central to fisheries management today. After North Cascades was established in 1968, a conflict over fish stocking emerged between the NPS and WDFW. The conflict was driven by fundamental policy differences: NPS policies prohibited stocking so as to protect native ecosystems; WDFW policies encouraged stocking to enhance recreation. To reconcile the conflict and foster cooperative management, the NPS and WDFW entered into a fisheries management agreement in 1988 with the purpose of ``establishing a mutually agreed to list of lakes within the boundaries of North Cascades National Park which the department [would] stock with fish as part of its fish management program.'' The agreement identified 40 lakes for stocking and specified that ``research results [would] be considered in future decisions''. Shortly thereafter, the NPS initiated a long-term research effort through Oregon State University to evaluate the ecological effects of fish stocking on native biota in mountain lakes. To ensure objectivity and scientific merit, an independent peer review panel of subject matter experts was established to evaluate research results. The final phase of this research effort was completed in July, 2002. The complete research results are posted on the Plan/DEIS Web site (https:// www.nps.gov/noca/highlakes.htm), however key conclusions include: Lakes with high densities of self-sustaining (i.e., reproducing) trout populations had significantly fewer salamanders and zooplankton than fishless lakes; There was no significant difference in salamander or zooplankton abundance between fishless lakes and lakes with stocked (i.e., non-reproducing) fish; Native biota (e.g., salamanders, zooplankton) appeared to be at greatest risk in lakes with (1) relatively high nitrogen concentrations, (2) relatively warm water and (3) self-sustaining trout populations present in high densities. These risk factors were found in six of the 83 lakes studied. Purpose and Need: The purpose of the Plan/DEIS is to develop a comprehensive management plan for natural mountain lakes that conserves native biological integrity and provides a spectrum of recreational opportunities and visitor experiences, including sport fishing. The Plan/DEIS is needed to resolve the long-standing debate and conflicts over fish stocking in the naturally fishless mountain lakes in North Cascades. In most NPS units, natural resources (including lakes and fish) are managed in accord with the Organic Act of 1916 and in concert with NPS management policies which allow sport fishing unless it is specifically prohibited. NPS policies, however, prohibit fish stocking in most NPS waters. In North Cascades, fish have historically been managed by a combination of agencies and user groups. This is partly because the enabling legislation for North Cascades does not define angling activities that would be allowed within its boundaries, and partly because the area has a history of fish management by WDFW and affiliated sport fishing groups (whose practices pre-date the 1968 establishment of North Cascades by many years). The lakes that are the focus of this Plan/DEIS are the 91 mountain lakes (out of 240 lakes) that were once naturally fishless but have had some history of fish stocking since the late 1800's. Due to differences in missions and policies between the NPS and WDFW, the two agencies drafted a Memorandum of Understanding in 1985, and a Supplemental Agreement in 1988 that established a mutually agreed to list of lakes in the National Park portion of the Complex that WDFW would stock with fish as part of its fish management program while further studies into the ecological effects of non-native fish in mountain lakes were conducted. A long term research study was then initiated. Before the research could be completed, the North Cascades Conservation Council challenged the NPS in court on its decision to allow fish stocking to continue or reproducing populations of fish to remain. In a 1991 Consent Decree, the U.S. District Court (Western District of Washington) indicated the NPS should complete its research and then ``conduct a NEPA [National Environmental Policy Act] review of the fish stocking of naturally fish-free lakes.'' The research was completed in July 2002 by a team that included scientists from the U.S. Geological Survey (Biological Resources Division) and Oregon State University. This Plan/DEIS was initiated upon completion of the research, and initiates the conservation planning and environmental impact analysis process required by the 1991 Consent Decree. Primary Issues: Key issues which were addressed in preparing the DEIS/Plan included: Predation and Competition. Non-native fish have measurably changed composition and abundance of native aquatic organisms in some lakes, with the most significant impacts caused by reproducing populations of stocked fish that have become self-sustaining. Hybridization with Native Fish. Non-native fish are dispersing downstream from some lakes and hybridizing (i.e., interbreeding) with native fish, which could harm bull trout (federally Threatened), westslope cutthroat trout and other native trout populations. Conflicting Social/Wilderness Values. Some stakeholders strongly oppose the management of a non-native fishery in national park/wilderness lakes that were naturally fishless. Others believe that the mountain lakes fishery provides an unparalleled opportunity for high lakes fishing that cannot be duplicated elsewhere. Legislative ambiguity: The enabling legislation and legislative history for North Cascades are not clear with respect to fish stocking, thus the NPS believes an affirmative legislative clarification from Congress would be needed in order to justify continued fish stocking in naturally fishless mountain lakes in the North Cascades/Stephen Mather Wilderness. Proposed Plan and Alternatives: As the proposed Mountain Lakes Fishery Management Plan, Alternative B (the ``agency preferred'' alternative) would implement an adaptive management framework for allowing continued stocking of select lakes with a history of fish stocking. To minimize ecological risks, sterile trout incapable of reproducing would be stocked at low densities to provide continued angling opportunities. Self-sustaining populations of trout would be removed from all lakes (where feasible) using gill-nets in combination with electrofishing, spawning habitat exclusion, and application of the piscicide antimycin. Fishery management actions would be monitored and evaluated to enable adaptive management and ensure conservation of biological integrity. Implementation of this Alternative would require affirmative clarification from Congress regarding the appropriateness of continued fish stocking in the North Cascades/Stephen Mather Wilderness. Alternative A (the ``No Action'' alternative) provides a baseline for analyzing and comparing the three ``action'' alternatives. Under this alternative, fishery management actions would continue in accord with the terms and conditions of the 1988 Supplemental Agreement with the WDFW. This agreement provides for continued stocking of select lakes in North Cascades National Park. Continued implementation of this alternative would require clarification from Congress regarding the appropriateness of continued fish stocking in the North Cascades/ Stephen Mather Wilderness. Alternative C would include continued maintenance of the mountain lakes sport fishery (i.e., fish stocking) in select lakes in Ross Lake National Recreation Area and Lake Chelan National Recreation Area. Fish stocking would be discontinued in North Cascades National Park. Otherwise, the adaptive management framework for Alternative C would be similar to Alternative B. Alternative C would conform to NPS policies regarding fish stocking in National Recreation Area waters. However, Alternative C would still require clarification from Congress regarding the appropriateness of continued fish stocking in the Stephen Mather Wilderness. Alternative D would discontinue fish stocking in all mountain lakes in North Cascades. This alternative would establish a long-term goal of removing, wherever feasible, self-sustaining populations of non-native trout in approximately 37 lakes using the removal methods described for Alternative B. Scoping History: Public scoping formally began on January 16, 2003, with the Federal Register publication of the Notice of Intent to prepare an environmental impact statement. A news release for the public scoping meetings was sent on February 14, 2003 to 12 local and regional news media. A public scoping brochure was mailed in early March 2003 to a comprehensive list of government agencies, organizations, businesses, and individuals. In late March 2003, the NPS and WDFW held four public scoping meetings in the surrounding communities of Sedro-Woolley, Wenatchee, Bellevue and Seattle. The NPS received 248 comments during the public scoping period, which formally concluded on April 18, 2004. A public scoping report is available on the park's project Web site: (https://www.nps.gov/noca/highlakes.htm). Comments and Public Meetings: The public review and comment period will extend 90 days from the date the EPA publishes its notice of filing of the Plan/DEIS in the Federal Register. Immediately upon confirmation, this date will be announced on the park's project Web site. The Plan/ DEIS will be mailed directly to those who requested copies during public scoping, and may be downloaded from the project Web site and on CD-ROM. Copies will also be available for review at park headquarters in Sedro-Woolley, the main visitor center in Newhalem, and at local and regional libraries. Printed or CD-ROM copies may also be requested by telephone (360) 856-5700 ext.351. In addition, a Public Comment Newsletter will be distributed. All comments must be submitted in writing and postmarked or transmitted not later than 90 days from the date EPA publishes their notice of filing. Responses should be addressed to: Superintendent, Attn: Draft EIS/Mountain Lakes Fishery Management Plan, North Cascades National Park Service Complex, 810 State Route 20, Sedro Woolley, WA 98284. Reviewers are encouraged to submit comments, ideas or questions on-line at the PEPC Web site (https://parkplanning.nps.gov); search under park name for North Cascades National Park to find the Plan/EIS and an on-line comment form. Written comments may also be faxed to (360) 856-1934, or submitted at one of the public meetings (see below). Please note that names and addresses of people who comment become part of the public record. If individuals commenting request that their name or/and 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 will withhold from the administrative 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. To facilitate exchange of information and public understanding of the proposal, the NPS in coordination with the Washington Department of Fish and Wildlife will host public meetings in Sedro-Woolley, Wenatchee, and the Seattle area. At this time several meetings are expected to be held during summer 2005a schedule of confirmed dates, locations and times will be announced via the Public Comment Newsletter, local and regional news media, and the park's project Web site; or may be obtained by telephone at (360) 856-5700 ext.351. Participants are strongly encouraged to review the document prior to attending a meeting. The Superintendent of North Cascades and planning team members, including WDFW personnel will attend all meetings. The format will be the same for all meetings, and will include a brief presentation on the essential elements of the Plan/DEIS and a question and answer period. Brief oral comments and written comments will also be received. All meeting locations will be accessible for disabled persons, and a sign language interpreter may be available upon request with prior notice (please contact the park as noted above). Decision: Following careful consideration of all comments received on the Plan/DEIS, completion of the Final Mountain Lakes Fishery Management Plan/Final Environmental Impact Statement is anticipated for spring 2006 (actual timing will depend upon the degree of public interest and response from agencies and organizations). Thereafter the Record of Decision would be completed not sooner than 30 days after the Final EIS is distributed. As a delegated EIS, the official responsible for the final decision is the Regional Director, Pacific West Region; subsequently, the official responsible for implementation will be the Superintendent, North Cascades National Park Service Complex.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Front Range Resource Advisory Council (RAC), will meet as indicated below.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM), the Western Montana Resource Advisory Council will meet as indicated below.

This notice advises the public that the Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a Comprehensive Conservation Plan and Environmental Assessment for Mississippi Sandhill Crane National Wildlife Refuge, pursuant to the National Environmental Policy Act and its implementing regulations. The National Wildlife Refuge Service Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a comprehensive conservation plan for each national wildlife refuge. The purpose in developing a comprehensive conservation plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlife-dependent recreational opportunities available to the public, such as opportunities, for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. The purpose of this notice is to achieve the following: (1) Advise other agencies and the public of our intentions, and (2) Obtain suggestions and information on the scope of issues to include in the environmental document.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.

To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR 280, ``Prospecting for Minerals Other than Oil, Gas, and Sulphur on the Outer Continental Shelf.''

We (Fish and Wildlife Service) have submitted the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act of 1995. The information collected for the National Survey of Fishing, Hunting, and Wildlife-Associated Recreation is needed to assist Federal and State agencies in administering the Sport Fish and Wildlife Restoration grant programs. The 2006 FHWAR will provide up-to-date information on the uses and demands for wildlife-related recreation resources, trends in uses of those resources, and a basis for developing and evaluating programs and projects to meet existing and future needs. We have conducted this survey every 5 years since 1955.

In compliance with the National Environmental Policy Act (NEPA) of 1969, 40 CFR 1508.22, and the California Environmental Quality Act (CEQA), notice is herby given that the Bureau of Land Management (BLM) and the San Diego County Department of Planning and Land Use (DPLU) intend to prepare a joint Environmental Impact Statement (EIS) and Environmental Impact Report (EIR) for the proposed development of a rock quarry on private land and federal mineral estate. The proposed EIS/EIR will describe and analyze alternatives for a proposed operation to extract construction aggregates on a 210-acre site in the foothills of Otay Mountain, San Diego County, California.

The Restriction Order prohibits building, maintaining, or using a fire or campfire within the Wallace Forest Conservation Area, described as all public lands administered by the Bureau of Land Management (BLM) located in T.50 N., R. 2 W., Sec. 31; T. 50 N., R. 3 W., Sec. 35; T. 49 N., R. 2 W., Sec. 6 and those portions of T. 49 N., R. 3 W., Sec. 1, which lie north of Coeur d'Alene Lake, Boise Meridian, all in Kootenai County, Idaho. A map depicting the restricted area is available for public inspection at the Bureau of Land Management, Coeur d'Alene Field Office, 1808 North Third Street, Coeur d'Alene, Idaho. These restrictions become effective immediately and will remain in effect unless revoked and/or replaced with supplementary rules.

This notice advises the public that the Fish and Wildlife Service, Southwest Region, intends to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and Environmental Assessment for Bosque del Apache National Wildlife Refuge, pursuant to the National Environmental Policy Act and its implementing regulations. The Service is furnishing this notice in compliance with the National Wildlife Refuge System Administration act of 1966, as amended (16 U.S.C. 668dd et seq.), to achieve the following: (1) Advise other agencies and the public of our intentions, and (2) Obtain suggestions and information on the scope of issues to include in the environmental document.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Sealaska Corporation for lands located in the vicinity of Icy Straits, Alaska. Notice of the decision will also be published four times in the Juneau Empire.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the status review initiated by the 90-day finding on a petition to list Cicurina cueva as an endangered species (February 1, 2005; 70 FR 5123). This action will allow all interested parties an opportunity to provide information on the status of the species under the Endangered Species Act of 1973, as amended (Act).

We, the Fish and Wildlife Service (Service), are correcting a typographical error in the final rule promulgated on April 7, 2005, to establish an additional manatee protection area in Lee County, Florida (Pine IslandEstero Bay Manatee Refuge). This correction is not substantive.

This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Estom Yumeka Maidu Tribe (Enterprise Rancheria) as a cooperating agency, intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 40 acre fee-to-trust transfer and casino and hotel project to be located in Yuba County, California. The purpose of the proposed action is to help provide a land base for, and address the socio-economic needs of the Enterprise Rancheria. This notice also announces a public scoping meeting to identify potential issues, concerns and alternatives to be considered in the EIS.

This rule converts an interim final rule to a final rule, with minor adjustments in response to public comment. In addition, the numbering scheme was revised to conform to the existing regulatory structure. As a result of this rulemaking, Department of the Interior will allow service contractors to remove woody biomass generated as a result of land management service contracts whenever ecologically appropriate and in accordance with applicable law.

Notice is hereby given, in accordance with Public Laws 92-463 and 94-579, that the California Desert District Advisory Council to the Bureau of Land Management, U.S. Department of the Interior, will meet in formal session on Friday, June 24, 2005, from 8 a.m. to 5 p.m. and Saturday, June 25 from 8 a.m. to 3 p.m. The meeting will be held in the Ontario Airport Hilton Hotel, located at 700 North Haven Avenue, in Ontario, California. Tentative agenda items include the following:

This document contains corrections to the final regulations that were published in the Federal Register on Wednesday, March 23, 2005, (70 FR 14561). The regulations related to cooperating agencies and cooperating agency status.

The public is invited to comment on the following applications to conduct certain activities with endangered species. We provide this notice pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

The Bureau of Indian Affairs is proposing to amend its regulations governing the compilation of rolls of Indians in order to open the enrollment application process for the Western Shoshone Identifiable Group of Indians. The enrollment application process will give individuals an opportunity to file applications to share in the Western Shoshone judgment fund distribution authorized under the Western Shoshone Claims Distribution Act of July 7, 2004.

Minerals Management Service (MMS), in accordance with Federal Regulations that implement the National Environmental Policy Act (NEPA), announces the availability of NEPA-related Site-Specific Environmental Assessments (SEA) and Findings of No Significant Impact (FONSI), prepared by MMS for the following oil and gas activities proposed on the Gulf of Mexico OCS.

We, the U.S. Fish and Wildlife Service (Service), announce the 12-month finding that a petition to delist the Mexican bobcat (Lynx rufus escuinapae) under the Endangered Species Act of 1973, as amended (Act, or ESA), is warranted. The best available information indicates that the Mexican bobcat may not constitute a separate subspecies and does not constitute a distinct population segment (DPS). Despite habitat modification by humans, the bobcat remains abundant throughout Mexico. Accordingly, we herein propose to delist the Mexican bobcat under the Act. The Service seeks data and comments from the public on this proposed rule.

The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Public Advisory Committee.