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

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

This document provides notice that we, the U.S. Fish and Wildlife Service, issued a permit for the incidental take of the Preble's meadow jumping mouse (Zapus hudsonius preblei), a threatened species, on the Struthers Ranch Property in El Paso County, Colorado.

The Adaptive Management Program (AMP) was implemented as a result of the Record of Decision on the Operation of Glen Canyon Dam Final Environmental Impact Statement to comply with consultation requirements of the Grand Canyon Protection Act (Pub. L. 102-575) of 1992. The AMP includes a Federal advisory committee (AMWG), a technical work group (TWG), a monitoring and research center, and independent review panels. The AMWG makes recommendations to the Secretary of the Interior concerning Glen Canyon Dam operations and other management actions to protect resources downstream of Glen Canyon Dam consistent with the Grand Canyon Protection Act. The TWG is a subcommittee of the AMWG and provides technical advice and recommendations to the AMWG. The AMWG will conduct the following conference call: Date: Wednesday, September 6, 2006. The call will begin at 2 p.m. (EDT), 12 p.m. (MDT) and 11 a.m. (PDT, and Arizona) and conclude two (2) hours later in the respective time zones. The telephone numbers are: 801-524-3860 for Federal participants and 1-888-264-8816 for non- Federal participants and members of the public. Agenda: The purpose of the meeting will be to review and discuss the TWG recommended Fiscal Year 2007, hydrograph, budget, and workplan, to facilitate making a recommendation to the Secretary of the Interior. Time will be allowed for any individual or organization wishing to make formal oral comments on the call. To allow full consideration of information by the AMWG members, written notice must be provided to Dennis Kubly, Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 6107, Salt Lake City, Utah, 84138; telephone (801) 524-3715; faxogram (801) 524-3858; e-mail at dkubly@uc.usbr.gov at least five (5) days prior to the call. Any written comments received will be provided to the AMWG members.

We, the Fish and Wildlife Service (Service), under the Endangered Species Act (Act), as amended, create a special rule for the southwest Alaska distinct population segment (DPS) of the northern sea otter (Enhydra lutris kenyoni). This DPS of the northern sea otter is listed as threatened under the Act. This special rule allows for the limited, noncommercial import and export of items that qualify as authentic native articles of handicrafts and clothing that were derived from sea otters legally taken for subsistence purposes by Alaska Natives from the listed population. This special rule also allows for cultural exchange by Alaska Natives and activities conducted by persons registered as an agent or tannery under existing law. We also amend our definition of ``Authentic native articles of handicrafts and clothing'' by striking the stipulation that such items were commonly produced on or before December 28, 1973. This definition change is appropriate in light of a court ruling on the Service's definition of ``Authentic native articles of handicrafts and clothing'' and consistent with our current definition of ``Authentic native articles of handicrafts and clothing'' under the Marine Mammal Protection Act (MMPA) of 1972.

A public meeting is being held by the Bureau of Land Management and the Minerals Management Service to receive comments from the public and industry related to the two sets of draft rules that were written in response to the Energy Policy Act of 2005, which mandated comprehensive changes to leasing and royalty policies to encourage geothermal energy use without imposing additional administrative burdens on industry or governmental agencies.

We, the Fish and Wildlife Service (Service), announce the availability of Habitat Conservation Plans (HCPs)/applications for five incidental take permits (ITPs). Maronda Homes, Inc., of Florida (Applicant) requests five ITPs, two for a 1-year term and three for a 10-year term, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 1.09 acres combined of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of five single-family homes and supporting infrastructure in Brevard County, Florida (Projects). The destruction of 1.09 acres of foraging and sheltering habitat is expected to result in the take of three families of scrub-jays. The Applicant's HCPs describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub- jay.

The following permit was issued.

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

The Minerals Management Service (MMS) has prepared a final programmatic environmental assessment (PEA) for proposed seismic surveys in the Arctic Ocean Outer Continental Shelf (OCS) in 2006. In this PEA, OCS EIS/EA MMS 2006-038, MMS examined the potential environmental effects of the proposed action and its alternatives. Based on MMS's examination in the draft PEA of the potential impacts associated with the Proposed Action and review of comments received from the public and agencies, Alternative 6 (Seismic Surveys for Geophysical Exploration Activities would be Permitted with Existing Alaska OCS Geological and Geophysical Exploration Stipulations and Guidelines and Additional Protective Measures for Marine Mammals, including a 180/190 dB Specified-Exclusion Zone) is MMS's Selected Alternative. The Selected Alternative and the incorporated mitigation measures fulfill MMS's statutory mission and responsibilities and the stated purpose and need for the Proposed Action (to issue geophysical exploration permits for seismic surveys that are technically safe and environmentally sound) while considering environmental, technical, and economic factors. By incorporating mitigation measures into the Selected Alternative and designating them as permit stipulations and/or conditions of approval, MMS has determined that no significant adverse effects (40 CFR 1508.27) on the quality of the human environment would occur from the Selected Alternative. Therefore, an environmental impact statement is not required and MMS has issued a Finding of No Significant Impact (FONSI). The National Marine Fisheries Service was a cooperating agency on the PEA.

We, the U.S. Forest Service and U.S. Fish and Wildlife Service, are amending the regulations governing subsistence use of fish and wildlife in Alaska by creating an additional subsistence resource region for the Kenai Peninsula. This addition of a separate subsistence resource region will allow for the creation of a separate Federal subsistence regional advisory council for that region. A new regional council responsible for only the Kenai Peninsula area will better ensure that residents with personal knowledge of the Kenai Peninsula area will have a meaningful role in the complex issues and management challenges of subsistence management on the Federal lands of the Kenai Peninsula.

This rule would revise the list of nonrural areas identified by the Federal Subsistence Board (Board, we, us). Areas determined to be nonrural are not eligible to participate in the Federal Subsistence Management Program on Federal public lands in Alaska. We propose to change Adak's status to rural. We also propose to add Prudhoe Bay and the Kodiak Area, including the City of Kodiak, the Mill Bay area, Womens Bay, Bell's Flats, and the Coast Guard Station to the list of nonrural areas. The following areas would continue to be nonrural, but we propose changes in their boundaries: the Kenai Area; the Wasilla/ Palmer Area, including Point McKenzie; the Homer Area, including Fritz Creek East (except Voznesenka) and the North Fork Road area; and the Ketchikan Area. We propose no other changes in status. However, new information could lead to changes not proposed at this time.

This notice announces a meeting of the Arizona Resource Advisory Council (RAC). The business meeting will be held on September 6, 2006, in St. George, Utah, at the Arizona Strip District Office located at 245 East Riverside Drive. It will begin at 9 a.m. and conclude at 4 p.m. Mountain Standard Time. The agenda items to be covered include: Review of the March 2 and June 8, 2006, Meeting Minutes; BLM State Director's Update on Statewide Issues; Presentations BLM's Vermilion Cliffs National MonumentCoyote Buttes North; and growing interest in uranium mining on the Arizona Strip; Updates on the Recreation Resource Advisory Committee, and Arizona Land Use Planning; RAC Questions on written reports from BLM Field Managers; Field Office Rangeland Resource Team Proposals; Reports by the Standards and Guidelines, Recreation, Off-Highway Vehicle Use, Public Relations, Land Use Planning and Tenure, and Wild Horse and Burro Working Groups; Reports from RAC members; and discussion of future meetings. A public comment period will be provided at 11:30 a.m. on September 6, 2006, for any interested publics who wish to address the Council.

The State of Oregon has applied for an enhancement of propagation or survival permit to conduct certain activities with gray wolves (Canis lupus) pursuant to section 10(a)(1)(A) of the Endangered Species Act (ESA). In addition, pursuant to the National Environmental Policy Act (NEPA), this notice advises the public that the U.S. Fish and Wildlife Service ``we'' or ``Service'') intends to conduct an environmental analysis (environmental assessment or environmental impact statement) for Oregon's permit application. We solicit comments from the public and from local, State, and Federal agencies on both the permit request and the environmental analysis.

This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act of 1972, Public Law 92-463. Notice is hereby given that the Secretary of the Interior (Secretary) has renewed the Bureau of Land Management's Steens Mountain Advisory Council. The purpose of the Council will be to advise the Secretary with respect to the preparation and implementation of the Steens Mountain Cooperative Management and Protection Area Management Plan.

The proposed rule would add a new part to the Commission's regulations establishing technical standards for Class II gamesbingo, lotto, other games similar to bingo, pull tabs, or ``instant bingo'' that are played primarily through ``electronic, computer, or other technologic aids.'' The proposed rule would also establish a process for assuring the integrity of such games and aids before their placement in a Class II tribal gaming operation. No such standards currently exist. The Commission proposes this action in order to assist tribal gaming regulatory authorities and operators in ensuring the integrity and security of Class II games and gaming revenue.

Pursuant to the National Environmental Policy Act of 1969, the Federal Land Policy Management Act of 1976 and other regulatory requirements, the Joint Lead Agencies announce the availability of the Northern San Juan Basin Coal Bed Methane Development Project Final Environmental Impact Statement (FEIS) for coal bed natural gas development in the northern portion of the San Juan Basin, in La Plata and Archuleta Counties, Colorado. The Joint Lead Agencies have prepared the FEIS to provide agency decision makers and the public with comprehensive environmental impact information on which to base coal bed natural gas project development decisions.

In recent years, the numbers of Canada geese that nest and/or reside predominantly within the conterminous United States (resident Canada geese) have undergone dramatic growth to levels that are increasingly coming into conflict with people and human activities and causing personal and public property damage, as well as public health concerns, in many parts of the country. In February 2002, the U.S. Fish and Wildlife Service (Service or ``we'') completed a Draft Environmental Impact Statement (DEIS) on resident Canada goose management. In August 2003, we published a proposed rule to establish regulations to implement the DEIS proposed action, Alternative F. In November 2005, the notice of availability for a Final Environmental Impact Statement (FEIS) was published, followed by a 30-day public review period. This final rule sets forth regulations for implementing the FEIS preferred alternative, Alternative F, which would authorize State wildlife agencies, private landowners, and airports to conduct (or allow) indirect and/or direct population control management activities, including the take of birds, on resident Canada goose populations. The Record of Decision (ROD) is also published here.

The Bureau of Land Management (BLM) announces the availability of the Atlantic Rim Natural Gas Development Project FEIS. The FEIS analyzes the environmental consequences of a proposed natural gas development and production operations on the 270,080 acres Atlantic Rim project area. The area is located within the administrative jurisdiction of the BLM Rawlins Field Office, and runs in an arc between Rawlins and Baggs in Townships 12-20 North, Ranges 89-93 West, Sixth Principal Meridian, Carbon County, Wyoming.

The Bureau of Land Management has received an application has been filed for the conveyance of the Federally owned mineral interest in the tract of land described below in this notice. Publication of this notice temporarily segregates the mineral interests in the public lands covered by the application from appropriation under the mining and mineral leasing laws while the application is being processed.

This notice is to inform the public that the Bureau of Land Management (BLM) intends to temporarily restrict all forms of motorized travel within 122.02 acres of public land. The public lands affected by this temporary restriction are located in lots 1, 18, and 19, SE\1/4\SW\1/4\, and Tract 38, section 6, Township 11 South, Range 22 East, San Bernardino Meridian, Imperial County, California. Employees of the BLM and any other local, state, and Federal wildlife management, law enforcement, and fire protection personnel, while operating within the scope of their official duties, are exempt from this restriction. Access by additional parties may be allowed, but must be approved in advance in writing by the BLM Yuma Field Manager. The BLM has issued this restriction by the authority provided in 43 Code of Federal Regulations 8341.2(a), 8364.1, and 9268.3, promulgated pursuant to the authority of the Federal Land Policy and Management Act of October 21, 1976, as amended (90 Stat. 2763; 43 United States Code 1732). The BLM is implementing this restriction to minimize damage to soil, watershed, vegetation, and cultural resources of the public lands. Violations of this restriction are punishable by a fine not to exceed $100,000 and/or imprisonment not to exceed 12 months as authorized by Title 18, United States Code, Sections 3571 and 3581.

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes Act (R&PP), as amended (43 U.S.C. 869 et seq.), approximately 2.5 acres of public land in Inyo County, California. The Southern Inyo County Fire Protection District proposes to use the land for a fire station and related facilities to include a water well with storage tanks, a helipad, two shade structures, two storage buildings, and a septic system enclosed within a chain link fence, as specified in the County's development plan (henceforth, fire station).

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Thorne's hairstreak butterfly (Callophrys [Mitoura] grynea thornei or Callophrys [Mitoura] thornei) as an endangered species under the Endangered Species Act of 1973, as amended. We find the petition does not provide substantial scientific or commercial information indicating the requested action is warranted. Therefore, we will not initiate a further 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 Thorne's hairstreak butterfly or threats to it.