Department of the Interior September 20, 2005 – Federal Register Recent Federal Regulation Documents

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the red wolf (Canis rufus), Appalachian elktoe (Alasmidonta raveneliana), Cumberland elktoe (Alasmidonta atropurpurea), Cumberland monkeyface (Quadrula intermedia), Cumberlandian combshell (Epioblasma brevidens), green blossom (Epioblasma torulosa gubernaculum), oyster mussel (Epioblasma capsaeformis), tubercled blossom (Epioblasma torulosa torulosa), turgid blossom (Epioblasma turgidula), yellow blossom (Epioblasma florentina florentina), painted snake coiled forest snail (Anguispira picta), dwarf-flowered heartleaf (Hexastylis naniflora), Schweinitz's sunflower (Helianthus schweinitzii), and seabeach amaranth (Amaranthus pumilus) under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

The Nature Conservancy (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival Permit Associated with proposed restoration activities for the Karner blue butterfly (Lycaeides melissa samuelis) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). This permit application includes a draft Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA and permit would become effective upon signature of the SHA and issuance of the permit and would remain in effect for 15 years. We are requesting comments on the permit application and on the Service's preliminary determination that the proposed SHA qualifies as a categorical exclusion (516 DM 6 Appendix 1, 1.4C(1)) under the National Environmental Policy Act (NEPA) of 1969, as amended. Further, the Service is specifically soliciting information regarding the adequacy of the SHA as measured against the Service's Safe Harbor Policy and the implementing regulations.

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease or conveyance under the provisions of the Recreation and Public Purposes Act approximately 82.81 acres of public land in Nye County, Nevada. The Nye County School District proposes to use the land for school site purposes.

The Fish and Wildlife Service (Service) has received an application from the Ohio Department of Natural Resources (Applicant) for an enhancement of survival permit (ESP) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicant proposes to implement conservation measures for the Eastern Massasauga rattlesnake (Sistrurus sistrurus catenatus) by removing the threats to the survival and protecting and managing its habitat within the Rome State Nature Preserve. The Service announces receipt of the ESP application as well as the availability of a proposed Candidate Conservation Agreement with Assurances (CCAA) intended to facilitate the implementation of conservation measures for the species by the Applicant. Compliance under the National Environmental Policy Act (NEPA) for the proposed action was addressed in an Environmental Assessment (EA) approved July 26, 2005. A copy of the final EA and Finding of No Significant Impact (FONSI) is available at: https://www.fws.gov/midwest/NEPA.