Department of the Interior August 28, 2009 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Sonoran desert tortoise (Gopherus agasizzii) as a distinct population segment (DPS) under the Endangered Species Act of 1973, as amended, and designate critical habitat. On the basis of our review of the petition and information readily available in our files, we have determined that there is substantial information indicating that the Sonoran desert tortoise may meet the criteria of discreteness and significance as defined by our policy on distinct vertebrate population segments. Further, we find that the petition presents substantial scientific or commercial information indicating that listing the Sonoran population of the desert tortoise may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the Sonoran population of the desert tortoise to determine if listing the population is warranted. To ensure that the status review of the Sonoran population of the desert tortoise is comprehensive, we are soliciting scientific and commercial data and other information regarding this population. At the conclusion of this review, we will issue a 12-month finding to determine if the petitioned action is warranted. We will make a determination on critical habitat for the Sonoran population of the desert tortoise if we initiate a listing action.

This notice advises the public that the Department of Interior, Bureau of Indian Affairs (BIA) and the U.S. Environmental Protection Agency (EPA) as co-lead agencies; and the Mandan, Hidatsa and Arikara (MHA) Nation and the U.S. Army Corps of Engineers as cooperating agencies, intend to file a Final Environmental Impact Statement (FEIS) with the EPA for the proposed Clean Fuels Refinery, and that the FEIS is now available for public review. The proposed Federal actions are: (1) The taking into trust of 469 acres of fee land by the BIA in support of the MHA Nation's proposal to construct and operate a clean fuels refinery and produce buffalo forage; and (2) the issuance by the EPA of a Clean Water Act, National Pollutant Discharge Elimination System Discharge (NPDES) permit for the discharge of treated wastewater from the proposed refinery.

This notice advises the public that the California Cattlemen's Association (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the Applicant and the Service for the federally- endangered vernal pool tadpole shrimp (Lepidurus packardi), the threatened vernal pool fairy shrimp (Branchinecta lynchi), the endangered Conservancy fairy shrimp (Branchinecta conservatio), the threatened valley elderberry longhorn beetle (Desmocerus californicus dimorphus), the threatened giant garter snake (Thamnophis gigas), the threatened California red-legged frog (Rana aurora draytonii), the threatened Hoover's spurge (Chamaesyce hooveri), the endangered Butte County meadowfoam (Limnanthes floccosa ssp. californica), the endangered hairy Orcutt grass (Orcuttia pilosa), the threatened slender Orcutt grass (Orcuttia tenuis), and the endangered Greene's tuctoria (Tuctoria greenei) (collectively referred to as the Covered Species). The Agreement is available for public comment.