Department of the Interior September 2006 – Federal Register Recent Federal Regulation Documents

The U.S. Fish and Wildlife Service (Service) announces that a Final Revised Comprehensive Conservation Plan (Conservation Plan) and Environmental Impact Statement for Kodiak National Wildlife Refuge is available for final review and comment before a Record of Decision (ROD) is signed. This Conservation Plan was prepared pursuant to the Alaska National Interest Lands Conservation Act of 1980, the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969 as amended. It describes how the Service intends to manage Kodiak NWR over the next 15 years.

The plat of survey of the following described lands was officially filed in the Oregon State office, Portland, Oregon, on May 15, 2006.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan/ Environmental Impact Statement (RMP/EIS) for the Bay planning area for lands adjacent to Bristol Bay and Goodnews Bay, Alaska and by this notice is announcing the opening of the comment period.

The U.S. Fish and Wildlife Service (``we'') announces the availability of the Revised Recovery Plan for Hawaiian Forest Birds. There are 21 bird taxa included in this revised recovery plan; 19 are listed as endangered, 1 is a candidate species for Federal listing, and 1 is a species of concern. These taxa represent four bird families, with the majority being Hawaiian Honeycreepers (subfamily Drepanidinae, family Fringillidae). This is a new recovery plan for two of the listed birds, the O[revaps]ahu [revaps]elepaio (Chasiempsis sandwichensis ibidis) and O`ahu [revaps]alauahio (Paroreomyza maculata).

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

We, the U.S. Fish and Wildlife Service (USFWS, Service, or we), under the Endangered Species Act of 1973, as amended (Act), announce combined 12-month findings on a petition to delist the endangered Idaho springsnail (Pyrgulopsis idahoensis) and a petition to list the Jackson Lake springsnail (P. robusta), Harney Lake springsnail (P. hendersoni), and Columbia springsnail (P. species A (unnamed)). Evidence collected subsequent to the December 14, 1992, listing (USFWS 1992, pp. 59244-59527 (57 FR 59244)) of the Idaho springsnail indicates it no longer constitutes a distinct species. It is now described as the Jackson Lake springsnail (P. robusta), a single taxon, composed of four previously distinct springsnail species (Idaho, Jackson Lake, Harney Lake, and Columbia springsnails), and therefore we are proposing to remove the Idaho springsnail from the Federal List of Endangered and Threatened Wildlife. We evaluated the best available scientific and commercial information regarding the status of, and threats to, the newly described P. robusta, and determined that the threats to the species do not warrant its listing at this time. Additionally, based on our status review of P. robusta, we also find that listing the Jackson Lake springsnail, Harney Lake springsnail, and Columbia springsnail as separate species is not warranted.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Anacapa deer mouse (Peromyscus maniculatus anacapae) as threatened or endangered under the Endangered Species Act of 1973, as amended. We find the petition does not present substantial information indicating that listing the Anacapa deer mouse may be warranted. Therefore, we are not initiating a status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of the subspecies or threats to it or its habitat at any time. This information will help us monitor and encourage the conservation of the subspecies.

The Bureau of Land Management (BLM) has signed a Record of Decision (ROD) concerning two right-of-way applications filed by Private Fuel Storage (PFS), L.L.C, for an independent spent fuel storage installation on reservation lands of the Skull Valley Band of Goshute Indians (Band or Skull Valley Band). The installation is described in an Environmental Impact Statement (EIS) prepared by the Nuclear Regulatory Commission (NRC), entitled ``Final Environmental Impact Statement for the Construction and Operation of an Independent Spent Fuel Storage Installation on the Reservation of the Skull Valley Band of Goshute Indians and the Related Transportation Facility in Tooele County, Utah (December 2001).'' Spent nuclear fuel (SNF), the focus of the EIS, is the primary by- product from a nuclear reactor. As proposed, the fuel would be transported from an existing Union Pacific railroad site to the Reservation of the Skull Valley Band in Tooele County, Utah. The applications seek right-of-way grants under Title V of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1761, to transport SNF across public lands managed by the BLM. The BLM was a cooperating agency in the preparation of this EIS, as were the Bureau of Indian Affairs (BIA), U.S. Department of the Interior, and the U.S. Surface Transportation Board. This EIS is available online at https:// www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1714/v1 /. Additional comments were received by the BLM following its publication on February 7, 2006, of a Federal Register notice at 71 FR 6286 requesting comments on the two right-of-way applications then pending before the agency. The BLM ROD is based on review of the draft EIS; the FEIS; comments received from the public, other Federal agencies, and State and local governments; and discussion of all the alternatives with the cooperating agencies. The BLM decision is to choose the No Action alternative from the EIS. The effect of this decision is to reject applications U 76985 and U 76986 for right-of-way grants filed by PFS, L.L.C.

Notice is hereby given that the Wildlife Conservation Society (WCS), 2300 Southern Blvd., Bronx, New York 10460 [Dr. Howard C. Rosenbaum, Principal Investigator], has been issued an amendment to scientific research Permit No. 31-1741/MA081663.

We, the Fish and Wildlife Service (Service, or we), propose to revise the regulations governing the annual Migratory Bird Hunting and Conservation Stamp Contest [also known as the Federal Duck Stamp Contest (contest)]. We propose a special exemption that would allow recent winning artists to submit entries for the 2007 contest. We also propose to codify our longstanding practice of limiting judges to only one term. We also propose to clarify in our regulations our longstanding practice to include artwork from the third round of judging in an art tour for a year; early return of the artwork to the artist will make the artist ineligible for the next three (3) contests. Finally, we propose to clean up grammatical errors in the contest procedures.

The Fish and Wildlife Service announces 5-year reviews of the Anastasia Island beach mouse (Peromyscus polionotus phasma), Choctawhatchee beach mouse (Peromyscus polionotus allophrys), Perdido Key beach mouse (Peromyscus polionotus trissyllepsis), Lower Keys marsh rabbit (Sylvilagus palustris hefneri), Everglade snail kite (Rostrhamus sociabilis plumbeus), wood stork (Mycteria americana), Culebra giant anole (Anolis roosevelti), bluetail mole skink (Eumeces egregius lividus), sand skink (Neoseps reynoldsi), golden coqui (Eleutherodactylus jasperi), purple bankclimber (Elliptoideus sloatianus), Gulf moccasinshell (Medionidus penicillatus), Ochlockonee moccasinshell (Medionidus simpsonianus), oval pigtoe (Pleurobema pyriforme), shinyrayed pocketbook (Lampsilis subangulata), Chipola slabshell (Elliptio chipolaensis), fat three-ridge (Amblema neislerii), Crenulate lead-plant (Amorpha crenulata), Catesbaea melanocarpa (no common name), Garber's spurge (Chamaesyce garberi), Etonia rosemary (Conradina etonia), Cordia bellonis (no common name), Avon Park harebells (Crotalaria avonensis), beautiful goetzea (Goetzea elegans), Lepanthes eltoroensis (no common name), Mitracarpus maxwelliae (no common name), Mitracarpus polycladus (no common name), Peperomia wheeleri (no common name), wide-leaf warea (Warea amplexifolia), elfin tree fern (Cyathea dryopteroides), Elaphoglossum serpens (no common name), Polystichum calderonense (no common name), Tectaria estremerana (no common name), Thelypteris inabonensis (no common name), Thelypteris verecunda (no common name) and Thelypteris yaucoensis (no common name), and Florida perforate cladonia (Cladonia perforata) under section 4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 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. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on September 30, 2006. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

The following permits were issued.

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

We, the Federal Subsistence Board, are extending the comment period through November 9, 2006, on the proposed rule that would amend the regulations governing subsistence use of fish and wildlife in Alaska by creating an additional subsistence resource region for the Kenai Peninsula.

We, the Federal Subsistence Board, are withdrawing the direct final rule that would have amended the regulations governing subsistence use of fish and wildlife in Alaska by creating an additional subsistence resource region for the Kenai Peninsula. We predicate this withdrawal on the fact that we have received significant adverse comments, specifically relating to the lack of public input on this issue.

Public comment period is being extended on the Proposed Clark, Lincoln, and White Pine Counties Groundwater Development Project. The comment period is being extended due to extensive public comment and a high level of public interest.

We invite the public to comment on the following applications to conduct certain activities with endangered species.

Pursuant to the regulations implementing the procedural provisions of the National Environmental Policy Act (42 U.S.C. 4321, et seq.), the Minerals Management Service (MMS) will hold Public Hearings to solicit comments on the Draft EIS for the Proposed 2007-2012 OCS Oil and Gas 5-Year Leasing Program, as announced in the Federal Register notifying the availability of the Draft EIS on August 25, 2006. Statements, both oral and written, will be received at the venues listed below. Persons wishing to speak may be put on the speakers' list by the MMS contacts in advance of the specific public hearing or may sign up at the hearing. Time limits may be set on oral testimony to allow time for all speakers to participate. The following Public Hearings are planned for the DEIS.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposal to designate critical habitat for Astragalus ampullarioides (Shivwits milk-vetch) and Astragalus holmgreniorum (Holmgren milk-vetch) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis for the proposed designation of critical habitat for Holmgren and Shivwits milk-vetches. The draft economic analysis finds that, over 20 years, post-designation costs for Holmgren and Shivwits milk-vetch conservation-related activities are estimated to range between $8.8 and $14.1 million in undiscounted 2006 dollars. In discounted terms, potential post- designation economic costs are estimated to be $8.5 to $13.0 million (using a 3 percent discount rate) or $8.2 to $12.1 million (using a 7 percent discount rate). In addition, we announce the availability of a draft environmental assessment that has been prepared in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ) (NEPA). Finally, we propose to revise boundary descriptions for two critical habitat subunits: Holmgren milk-vetch's Unit 2a (Stucki Spring) and Unit 2b (South Hills).

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the northern Mexican gartersnake (Thamnophis eques megalops) as threatened or endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act). The petitioners provided three listing scenarios for consideration by the Service: (1) Listing the United States population as a Distinct Population Segment (DPS); (2) listing Thamnophis eques megalops throughout its range in the United States and Mexico based on its rangewide status; or (3) listing Thamnophis eques megalops throughout its range in the United States and Mexico based on its status in the United States. After thorough analysis and review of all available scientific and commercial information, we find that listing of the subspecies, under any of the three scenarios, is not warranted. Of the three listing scenarios specified above, we found scenario two provided the most rigorous evaluation of the status of the northern Mexican gartersnake and herein provide detailed discussion of our conclusions in that context. We also provide additional discussion of our evaluation of scenarios (1) listing the United States population as a DPS and (3) listing Thamnophis eques megalops throughout its range in the United States and Mexico based on its status in the United States.

Pursuant to section 2(b) of the Mineral Leasing Act of 1920, as amended by section 4 of the Federal Coal Leasing Amendments Act of 1976, 90 Stat. 1083, 30 U.S.C. 201 (b), and to the regulations adopted as 43 Code of Federal Regulations (CFR) 3410, all interested qualified parties, as provided in 43 CFR 3472.1, are hereby invited to participate with Ark Land Company on a pro rata cost sharing basis in a program for the exploration of coal deposits owned by the United States of America in the following-described lands in Campbell County, Wyoming: