Fish and Wildlife Service February 2005 – Federal Register Recent Federal Regulation Documents

The Fish and Wildlife Service published a document in the Federal Register of February 15, 2005, concerning request for comments on an incidental take permit application by Triview Metropolitan District and Forest Lakes Metropolitan District, which includes a Low- Effect Habitat Conservation Plan for the Preble's meadow jumping mouse, Zapus hudsonius preblei, federally-listed as threatened, through loss and modification of its habitat associated with construction of a new sanitary sewer line extension connecting to an existing sewer line, a non-potable water reuse line, a secondary sewer line, and a new dirt access road into the Upper Monument Creek Wastewater Treatment Facility on Jackson Creek, El Paso County, Colorado. The document contained incorrect dates.

The County of Volusia (Applicant) seeks to renew and amend incidental take permit (ITP) TE811813. The Fish and Wildlife Service (Service) issued this ITP on November 22, 1996, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The ITP authorizes take of loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), Kemp's ridley (Lepidochelys kempii), and hawksbill (Eretmochelys imbricata) sea turtles incidental to the Applicant's regulation of vehicular traffic on 35.6 linear miles of beaches under its jurisdiction in Volusia County, Florida. Among the proposed amendments to the ITP, the Applicant requests incidental take authority for the piping plover (Charadrius melodus). The mitigation and minimization measures outlined in the Applicant's amended Habitat Conservation Plan (HCP) to address the effects of vehicle beach access and related activities on federally listed species are described further in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the HCP and our Environmental Assessment (EA) for the incidental take renewal and amendment application. Copies of the HCP and EA may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to section 10 of the Endangered Species Act and NEPA regulations (40 CFR 1506.6).

Mr. and Mrs. Glen A. Van Brunt (Applicants) request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicants anticipate taking about 1.0 acre of occupied Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) nesting, foraging, and sheltering habitat, incidental to land clearing of their 5.5-acre lot and subsequent residential construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project on the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The U.S. Fish and Wildlife Service (Service) announces the availability of the HCP and the Environmental Assessment for the ITP application. Copies of the HCP may be obtained by making a request to the Service's Southeast Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to Section 10 of the Endangered Species Act and National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6). The Service specifically requests information, views, and opinions from the public via this Notice on the Federal action. Further, the Service specifically solicits information regarding the adequacy of the HCP as measured against the Service's permit issuance criteria found in 50 CFR Parts 13 and 17.

The Fish and Wildlife Service (Service) is reopening the public comment period on the Draft Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), Draft Implementing Agreement, and Draft Environmental Impact Report/Environmental Impact Statement (EIR/ EIS) for an incidental take permit for 27 species in Riverside County, California.

The U.S. Fish and Wildlife Service announces that the Kern and Pixley Refuges' Final Comprehensive Conservation Plan (CCP) and Summary are available for distribution. The CCP, prepared pursuant to the National Wildlife Refuge System Administration Act as amended, and in accordance with the National Environmental Policy Act of 1969, describes how the Service will manage the two Refuges for the next 15 years. The compatibility determinations for waterfowl hunting, wildlife observation and photography, environmental education and interpretation, research, grazing and mosquito control are also available with the CCP.

Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.), the U.S. Fish and Wildlife Service (Service or ``we'') advises the public that we intend to gather information necessary to prepare, in coordination with the California Department of Fish and Game (CDFG) and the California Department of Parks and Recreation (CDPR), a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on the proposed Habitat Conservation Plan for the San Luis Obispo Coast District and Oceano Dunes State Vehicular Recreation Area (HCP). The proposed HCP is being prepared under section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended, (ESA) (16 U.S.C. 1531 et seq.). The incidental take permit is needed to authorize the incidental take of listed species as a result of implementing activities covered under the proposed HCP. We provide this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS/EIR; (3) announce the initiation of a 30-day public scoping period; and (4) obtain suggestions and information on the scope of issues and alternatives to be included in the EIS/EIR.

The U.S. Fish and Wildlife Service is publishing in the Federal Register the priority list of wildlife and sport fish conservation projects submitted by the International Association of Fish and Wildlife Agencies for funding under the Multistate Conservation Grant Program. This notice is required by the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000 (Public Law 106-408). FY 2005 grants may be made from this priority list.

This notice advises the public that Triview Metropolitan District and Forest Lakes Metropolitan District (Applicant) have applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA) of 1973, as amended. The proposed permit would authorize the incidental take of the Preble's meadow jumping mouse, Zapus hudsonius preblei (Preble's), federally listed as threatened, through loss and modification of habitat it periodically uses for foraging, breeding and/or hibernation, associated with construction of a new sanitary sewer line extension connecting to an existing sewer line, a nonpotable water reuse line, a secondary sewer line, and a new dirt access road into the Upper Monument Creek Wastewater Treatment Facility (Facility) on Jackson Creek, El Paso County, Colorado. The duration of the permit would be 20 years from the date of issuance. We announce the receipt of the Applicant's incidental take permit application, which includes a Low-Effect Habitat Conservation Plan (LEHCP) for Preble's on Jackson Creek within the Facility. The LEHCP fully describes the proposed project and the measures the Applicant would undertake to minimize and mitigate project impacts to Preble's. We are requesting comments on the permit application and on the preliminary determination that the LEHCP is eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the LEHCP and associated Low-Effect Screening Form, which are available for public review.

This notice announces the availability of the Draft Environmental Impact Statement (DEIS) and conservation plan for public review and comment. The Washington Department of Natural Resources (WDNR), on behalf of the State of Washington, has submitted applications to the National Marine Fisheries Service (NMFS) and the Fish and Wildlife Service (FWS) (the Services) for incidental take permits under section 10 of the Endangered Species Act (ESA) of 1973 as amended. The conservation plan also serves as the basis of an application to the Services that they each take steps under section 4(d) of the ESA to limit the application of the prohibition against take of listed salmon, steelhead and bull trout so that it does not apply to forest practices regulated by the State of Washington on non-Federal and non-tribal lands.

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

We, the U.S. Fish and Wildlife Service (Service), propose to reintroduce northern aplomado falcons (Falco femoralis septentrionalis) (falcon) into their historic habitat in southern New Mexico and Arizona with the purpose of establishing a viable resident population. If this proposed rule is finalized, we may release captive-raised falcons as early as the summer of 2005 and release up to 150 additional falcons annually in the summer and/or fall for 10 or more years thereafter until a self-sustaining population is established. We propose to designate this reintroduced population as a nonessential experimental population (NEP) according to section 10(j) of the Endangered Species Act of 1973 (Act), as amended. The geographic boundary of the proposed NEP includes all of New Mexico and Arizona. A draft environmental assessment (EA) has been prepared on this proposed action and is available for comment (see ADDRESSES section below). This proposed action is part of a series of reintroductions and other recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the species' historical range. This proposed rule provides a plan for establishing the NEP and provides for limited allowable legal taking of the northern aplomado falcon within the defined NEP area.

The U.S. Fish and Wildlife Service (we or us) proposes changes in the regulations governing the practice of falconry in the United States. We propose reorganization of the current regulations. We have added or changed some provisions in the current regulations. The changes are intended to make it easier to understand the requirements for the practice of falconry, including take of birds from the wild, and the procedures for obtaining a falconry permit. We also propose changes to simplify or clarify those regulations, or to change them as necessary to accompany the changes in the falconry regulations. This rule also adds a provision to approve falconry regulations adopted or established by Indian Tribes.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan/Environmental Assessment for Bon Secour National Wildlife Refuge is available for review and comment. The National Wildlife Refuge System 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, the plan identifies wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation. Proposed goals for the refuge include: Identifying, conserving, managing, enhancing, and restoring populations of native fish and wildlife species representative of coastal Alabama, with special emphasis on migratory birds and threatened and endangered species. Identifying, conserving, managing, enhancing, and restoring the natural diversity, abundance, and ecological functions of refuge habitats and associated plant communities, with an emphasis on managing designated critical habitat for threatened and endangered species. Identifying and conserving archaeological and natural resources on the refuge and promoting conservation through interagency and private landowner cooperation, partnerships, and land protection programs on the Fort Morgan Peninsula and coastal Alabama. Providing the public with quality interpretation, outreach opportunities, environmental education programs, and recreational activities that lead to a greater understanding, enjoyment, and appreciation of fish, wildlife, habitats, and cultural resources of coastal Alabama. Compatibility determinations for recreational fishing, wildlife observation, photography, hiking, environmental education and interpretation, swimming and beach use, scientific research, dogs on the beach, and bicycling are included in the draft plan.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding for a petition to list Ptilagrostis porteri (Porter feathergrass) as threatened or endangered under the Endangered Species Act of 1973, as amended (the Act). We find that the petition and additional information in Service files do not present substantial scientific or commercial information indicating that listing this species may be warranted. We will not be initiating a further status review in response to this petition. The public may submit to us any new information that becomes available concerning the status of or threats to the species.

We, the Fish and Wildlife Service (Service) are soliciting project proposals for Federal assistance under the Tribal Wildlife Grants program (TWG). The Department of the Interior and Related Agencies Appropriations Act for Fiscal Year (FY) 2005 authorized an appropriation of $69,027,526 for wildlife conservation grants to States and to the District of Columbia, U.S. Territories, and Tribes under provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished. The Act further specified that the Service use $ 5,916,645 of the funds for a competitive grant program available to federally recognized Indian Tribes. This allows the Secretary, through the Director of the Service, to manage a separate Tribal grant program not subject to the provisions of the formula-based State Wildlife Grants program, or other requirements of the State Wildlife Grants portion of Pub. L. 107-63.

The Fish and Wildlife Service (We) plans to submit the collection of information described below to OMB for renewal under the provisions of the Paperwork Reduction Act of 1995. The Wildlife and Sport Fish Restoration Programs Improvement Act of 2000 (Pub. L. 106- 408) requires that States certify annually in writing that their expenditures of Federal grant funds under the Federal Aid in Wildlife and Sport Fish Restoration Acts were in accordance with the appropriate Act.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the lesser long-nosed bat (Leptonycteris curasoae yerbabuenae), the black-capped vireo (Vireo atricapilla), the Yuma clapper rail (Rallus longirostris yumanensis), Pima pineapple cactus (Coryphantha sheeri var. robustispina), gypsum wild-buckwheat (Erigonum gypsophilum), Mesa Verde cactus (Sclerocactus mesae-verde), and Zuni fleabane (Erigeron rhizomatus) under the Endangered Species Act of 1973 (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 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

The following permits were issued.

This notice advises the public that Longbow, LLC has applied for the installation of one natural gas pipeline for a 30 year right- of-way permit across the U.S. Fish and Wildlife Service (Service) easement tract (37P) located at Stone Lakes National Wildlife Refuge, Sacramento County, California. The pipeline would be underground and would transport natural gas produced from a well located approximately 800 feet east of the Refuge boundary, to a gas sales point two miles to the southwest, located off the Refuge boundary. The applicant proposes to perpendicular bore the pipeline 15-20 feet under the ground. The portion of the Refuge the pipeline would pass under is the right-of-way for the abandoned Southern Pacific Railroad and associated borrow channel. The pipeline would be bored and installed from private agricultural land 800 feet east of the Refuge using directional drilling equipment, construction and operation of the pipeline would not be detectable at the surface of the Refuge and cause no detectable ground surface disturbances to terrestrial or aquatic habitats within Stone Lakes NWR at any time during it's construction or operation. Therefore the proposed use would not negatively affect the purposes of Stone Lakes NWR or the mission of the Service or impact existing or potential wildlife-dependent recreational uses.

On December 15, 2004, the U.S. Fish and Wildlife Service (Service or we) signed an annual funding agreement (AFA or Agreement) with the Confederated Salish and Kootenai Tribal Governments (CSKT) under the Tribal Self-Governance Act of 1994. The action was taken at the discretion of the Service. The decision reflects review and consideration of concerns, issues, and comments received during a 90- day public comment period which began on July 14, 2004, and ended on October 12, 2004. The public comment period was reopened for an additional 15 days on October 20, 2004, and closed on November 4, 2004. The Agreement was re-negotiated and slightly re-worded following the public comment period. The Agreement provides for the CSKT to perform certain programs, services, functions, and activities (Activities) for the National Bison Range and ancillary properties (Northwest Montana Wetland Management District, Pablo, and Ninepipe NWRs) during an 18- month period. The Regional Director for the Service in Denver, Colorado, signed the agreement December 15, 2004. The Secretary of the Interior immediately endorsed the Agreement, and forwarded it to the U.S. Congress for a 90-day review period.

We, the U.S. Fish and Wildlife Service (Service), propose to amend the regulations promulgated under the Endangered Species Act (ESA or Act) (16 U.S.C. 1531 et seq.) to add a new subsection to govern certain activities with U.S. captive-bred populations of three antelope species that have been proposed for listing as endangered, should they become listed. These specimens are the scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and dama gazelle (Gazella dama). For U.S. captive-bred live specimens, embryos, gametes, and sport- hunted trophies of these three species, this proposed rule would authorize certain otherwise prohibited activities that enhance the propagation or survival of the species. International trade in specimens of these species will continue to require permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We have prepared a draft Environmental Assessment of the impact of this proposed rule under regulations implementing the National Environmental Policy Act of 1969 (NEPA). The Service seeks data and comments from the public on this proposed rule and the draft Environmental Assessment.