Fish and Wildlife Service June 2005 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon
We, the U.S. Fish and Wildlife Service (Service), pursuant to the Endangered Species Act of 1973, as amended (Act), announce the reopening of the comment period on the proposal to designate critical habitat for four vernal pool crustaceans and eleven vernal pool plants in California and Southern Oregon, and the availability of the draft economic analysis of the proposed designation of critical habitat. The economic analysis identifies potential costs of approximately $992 million over or 20-year period or $87.5 million per year as a result of the designation of critical habitat, including those costs coextensive with listing. We are reopening the comment period for the proposal to designate critical habitat for these species to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in the preparation of the final rule.
Notice of Availability of the Draft Comprehensive Conservation Plan and Environmental Assessment for the Turnbull National Wildlife Refuge, and Notice of Public Meetings
The U.S. Fish and Wildlife Service (Service) announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Turnbull National Wildlife Refuge (Refuge) is available for review and comment. This Draft CCP/EA, prepared pursuant to the National Wildlife Refuge System Administration Act, as amended, and the National Environmental Policy Act of 1969, describes the Service's proposal for managing the Refuge for the next 15 years. Proposed changes to Refuge management include: adding an elk hunting program; adding a youth waterfowl hunt; establishing a land conservation program with potential Refuge expansion; and expanding the interpretive, environmental education, wildlife viewing, and wildlife photography facilities and programs. The draft compatibility determinations for several different public uses are also available for review with the Draft CCP/EA.
Information Collection To Be Sent to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act; Trade of Threatened Beluga Sturgeon (Huso huso)
We (Fish and Wildlife Service or Service) plan to send the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act of 1995. The information collected is needed to effectively implement the provisions of the special rule to control the trade of threatened beluga sturgeon (Huso huso) (70 FR 10493, March 4, 2005). That rule requires that range countries for beluga sturgeon provide us with information and reports on a variety of issues related to beluga sturgeon conservation and trade. This information is necessary for us to gauge the effectiveness of international management efforts in the Caspian Sea and Black Sea regions, and to determine if the permit exemptions granted under the special rule are bringing about appropriate actions by national fisheries authorities and multilateral agreements.
Notice of Intent To Prepare an Environmental Impact Statement/Habitat Conservation Plan for a Permit Application to Incidentally Take the Endangered Indiana Bat and the Endangered Gray Bat on Indiana State Forests and O'Bannon Woods State Park in the State of Indiana
The U.S. Fish and Wildlife Service (Service) is issuing this notice to advise the public that it intends to gather the information necessary to prepare an Environmental Impact Statement/Habitat Conservation Plan (EIS/HCP) regarding an application from the Indiana Department of Natural Resources (INDNR), Division of Forestry (DoF), Indianapolis, Indiana for an incidental take permit for two covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The permit would allow the incidental take primarily of the Indiana bat (Myotis sodalis), but also the gray bat (Myotis grisescens), on State Forests and O'Bannon Woods State Park in the State of Indiana. This notice describes the conservation plan (proposed action) and possible alternatives, invites public participation in the scoping process for preparing the EIS/HCP, and identifies the Service official to whom questions and comments concerning the proposed action may be directed.
Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations for the 2005-06 Hunting Season; Notice of Meetings
The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposed in an earlier document to establish annual hunting regulations for certain migratory game birds for the 2005-06 hunting season. This supplement to the proposed rule provides the regulatory schedule; announces the Service Migratory Bird Regulations Committee and Flyway Council meetings; provides Flyway Council recommendations resulting from their March meetings; and provides regulatory alternatives for the 2005-06 duck hunting seasons.
Final Comprehensive Conservation Plan and Environmental Assessment for the Detroit River International Wildlife Refuge (IWR), Wayne and Monroe Counties, MI
The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Detroit River IWR, Michigan. The CCP was prepared pursuant to 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. Goals and objectives in the CCP describe how the agency intends to manage the Refuge over the next 15 years.
Cabeza Prieta National Wildlife Refuge Draft Comprehensive Conservation Plan, Draft Environmental Impact Statement, and Draft Wilderness Stewardship Plan
With this notice, the U.S. Fish and Wildlife Service (Service, we) reopen the public comment period on the Draft Comprehensive Conservation Plan (CCP), Draft Environmental Impact Statement (EIS), and Draft Wilderness Stewardship Plan (Plan) for the Cabeza Prieta National Wildlife Refuge in Pima and Yuma Counties, Arizona. We also intend to announce upcoming public meetings, at which we will receive comments.
Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2005-06 Subsistence Taking of Fish and Wildlife Regulations
This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2005-06 regulatory year. The rulemaking is necessary because the regulations governing the subsistence harvest of wildlife in Alaska are subject to an annual public review cycle. This rulemaking replaces the wildlife regulations that expire on June 30, 2005. This rule also amends the regulations that establish which Alaska residents are eligible to take specific species for subsistence uses.
Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments-Copper and Stikine Rivers
This provides notice of the Federal Subsistence Board's in- season management actions to protect sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest opportunity and to provide for a more efficient harvest method for chinook salmon in the Stikine River. The revised fishing schedule for the Chitina Subdistrict of the Copper River and net mesh size revision will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 21, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2005 regulatory year.
Endangered and Threatened Wildlife and Plants; 5-Year Review of 10 Southeastern Species
The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the Key deer (Odocoileus virginianus clavium), St. Andrew beach mouse (Peromyscus polionotus peninsularis), Florida panther (Puma (=Felis) concolor coryi), Cape Sable seaside sparrow (Ammodramus maritimus mirabilis), Okaloosa darter (Etheostoma okaloosae), beach jacquemontia (Jacquemontia reclinata), deltoid spurge (Chamaesysce deltoidea ssp. deltoidea), fringed campion (Silene polypetala), Small's milkpea (Galactia smallii), and tiny polygala (Polygala smallii) 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.
Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments-Copper River
This provides notice of the Federal Subsistence Board's in- season management actions to protect sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest opportunity. The fishing schedules and closures will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 21, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2005 regulatory year.
Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition To List the California Spotted Owl as Threatened or Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the California spotted owl (Strix occidentalis occidentalis) as threatened or endangered, under the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). We find that the petition presents substantial scientific or commercial information indicating that listing the species may be warranted. Therefore, we are initiating a status review of the species to determine if listing the species is warranted. To ensure that the review is comprehensive, we are soliciting scientific and commercial information regarding this species.
Marine Mammals and Endangered Species; National Marine Fisheries Service File No. 1008-1637; U.S. Fish and Wildlife Service File No. MA100875
Notice is hereby given that John Wise, Ph.D., Maine Center for Toxicology and Environmental Health, University of Southern Maine, P.O. Box 9300, Portland, ME 04104, has applied in due form for an amendment to Permit No. 1008-1637-01.
Notice of Availability of the Draft Comprehensive Conservation Plan and Environmental Assessment for Sand Lake National Wildlife Refuge, Columbia, SD
The U.S. Fish and Wildlife Service (Service) announces that the Draft Comprehensive Conservation Plan and Environmental Assessment (CCP/EA) for the Sand Lake National Wildlife Refuge (Refuge) is available for public review and comment. This Draft CCP/EA was prepared pursuant to the National Wildlife Refuge System Administration Act, as amended, and the National Environmental Policy Act (NEPA). The Draft CCP/EA describes the Service's proposal for management of the Refuge for 15 years.
Proposed Low Effect Habitat Conservation Plan for the Pioneer Meadows Development in Washoe County, NV
This notice advises the public that Pioneer Meadows Development, LLC; BCI Properties, LLC; DBJ Holdings, LLC; BB Investment Holdings, LLC; and BPHI, LLC (Applicants) have applied to the Fish and Wildlife Service (Service) for an incidental take permit (permit), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants have requested a 42-month permit to authorize the incidental take of the endangered Carson wandering skipper (Psuedocopaeodes eunus obscurus, ``skipper'') on 39 acres of habitat associated with the development of a mixed residential and commercial use community within the city limits of Sparks, Nevada. We are requesting comments on the permit application (application) and on whether the proposed Habitat Conservation Plan (HCP) qualifies as a ``low-effect'' HCP eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft Environmental Action Statement (EAS), which is also available for public review.
Application From the Nevada Department of Wildlife, Humboldt County, NV, for an Enhancement of Survival Permit
In response to an application from the Nevada Department of Wildlife (Applicant), the Fish and Wildlife Service (we, the Service) is considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of the federally threatened Lahontan cutthroat trout (Oncorhynchus clarki henshawi) within the Northwest Distinct Population Segment. The proposed duration of both the SHA and permit is 30 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement, which also is available for public review.
North American Wetlands Conservation Council Meeting Announcement
The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). The meeting is open to the public.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Migratory Bird Permits; Determination That Falconry Regulations for the State of Connecticut Meet Federal Standards
We add the state of Connecticut to the list of states whose falconry laws meet or exceed Federal falconry standards. We have reviewed the Connecticut falconry regulations and public comments on the proposed rule to add Connecticut to the list of states with approved falconry regulations. We have concluded that the Connecticut falconry regulations are in compliance with the regulations governing falconry at 50 CFR 21.28 and 21.29. This action will enable citizens to apply for Federal and state falconry permits and to practice falconry in Connecticut.
Receipt of an Application for an Incidental Take Permit for the Florida Scrub-Jay Resulting From Construction of a Multi-Home Subdivision in Marion County, FL
Southern Multicapital Corporation (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended (U.S.C. 1531 et seq.). The Applicant anticipates destroying about 93 acres of occupied Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) habitat in Section 21, Township 16 South, Range 21 East, Marion County, Florida. Habitat destruction would be expected due to vegetation clearing and the subsequent construction of infrastructure and single-family homes. Up to four scrub-jay families could be taken as a result of the Applicant's proposed actions. The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the project to the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We announce the availability of the ITP application, HCP, and a draft environmental assessment. Copies of the application, HCP, and environmental assessment may be obtained by making a request to the Southeast Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to section 10 of the Act and National Environmental Policy Act regulations (40 CFR 1506.6).
Endangered and Threatened Wildlife and Plants; 5-Year Review of 25 Southeastern Species
The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the ringed map turtle (Graptemys oculifera), flatwoods salamander (Ambystoma cingulatum), watercress darter (Etheostoma nuchale), pygmy sculpin (Cottus pygmaeus), southern acornshell (Epioblasma othcaloogensis), ovate clubshell (Pleurobema perovatum), southern clubshell (Pleurobema decisum), upland combshell (Epioblasma metastriata), triangular kidneyshell (Ptychobranchus greenii), Alabama moccasinshell (Medionidus acutissimus), Coosa moccasinshell (Medionidus parvulus), orange-nacre mucket (Lampsilis perovalis), dark pigtoe (Pleurobema furvum), southern pigtoe (Pleurobema georgianum), fine- lined pocketbook (Lampsilis altilis), lacy elimia (Elimia crenatella), cylindrical lioplax (Lioplax cyclostomaformis), flat pebblesnail (Lepyrium showalteri), painted rocksnail (Leptoxis taeniata), plicate rocksnail (Leptoxis plicata), round rocksnail (Leptoxis ampla), tulotoma snail (Tulotoma magnifica), Alabama cave shrimp (Palaemonias alabamae), Alabama leather flower (Clematis socialis), and Morefield's leather flower (Clematis morefieldii) 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 17.11 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.
North Mississippi National Wildlife Refuge Complex
The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for the Northern Mississippi National Wildlife Refuge Complex are 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, wildlife photography, and environmental education and interpretation. Significant issues addressed in the draft plan include: threatened and endangered species; waterfowl management; neotropical migratory birds; bottomland hardwood restoration; agriculture; visitor services (e.g., hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation); funding and staffing; cultural resources; land acquisition; and forest fragmentation.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Astragalus lentiginosus
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the federally threatened Astragalus lentiginosus var. piscinensis (Fish Slough milk-vetch) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 8,007 acres (ac) (3,240 hectares (ha)) fall within the boundary of the critical habitat designation. The critical habitat is located in Mono and Inyo Counties, California.
Notice of Availability of the Post-delisting Monitoring Plan for the Tinian Monarch (Monarcha takatsukasae
We, the U.S. Fish and Wildlife Service, announce the availability of the Post-delisting Monitoring Plan for the Tinian Monarch (Monarcha takatsukasae) (Monitoring Plan). The status of the Tinian monarch will be monitored over a 5-year period from 2006 to 2010, through regular field surveys of the distribution and abundance of the Tinian monarch, regular field surveys for the brown treesnake (Boiga irregularis) on Tinian, and tracking of land use and development on Tinian.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Allium munzii
We, the U.S. Fish and Wildlife Service (Service), designate 176 acres (ac) (71 hectares (ha)) of Federal land as critical habitat for the Federally endangered Allium munzii (Munz's onion) pursuant to the Endangered Species Act of 1973, as amended (Act). The designated critical habitat is within the Cleveland National Forest at Elsinore Peak in western Riverside County, California.
Endangered and Threatened Wildlife and Plants; Opening of the Comment Period for the Proposed and Final Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout (Salvelinus confluentus); Clarification
We are publishing additional information pertaining to a recent Federal Register document that opened a comment period on a proposed and final rule to designate critical habitat for the Klamath River and Columbia River populations of bull trout. This information provides clarification to that document. We hope that this additional information will benefit the public in understanding our actions in regard to the bull trout critical habitat designation.
Notice of Availability of a Draft Environmental Assessment/Habitat Conservation Plan and Receipt of a Permit Application (Reyna) for Incidental Take of the Houston Toad
Jesus Reyna (Applicant) has applied for an incidental take permit (TE-104765-0) pursuant to Section 10(a) of the Endangered Species Act (Act). The requested permit would authorize incidental take of the endangered Houston toad. The proposed take would occur as a result of the construction and occupation of a primary residence and detached garage, guest house and detached garage, workshop, well pump house, and three septic systems on an approximately 16.545-acre (6.68- hectare) tract of land located on Felix Road, Bastrop County, Texas.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Issuance of Permits
The following permit was issued.
Endangered and Threatened Species Permit Applications
The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.
Migratory Bird Hunting; Application for Approval of Tungsten-Tin-Iron Shot as Nontoxic for Waterfowl Hunting
The U.S. Fish and Wildlife Service (Service) hereby provides public notice that Nice Shot, Inc. of Albion, Pennsylvania, has applied for approval of 58 percent tungsten, 38 percent tin, and 4 percent iron shot as nontoxic for waterfowl hunting in the United States. The Service has initiated review of the shot under the criteria set out in Tier 1 of the nontoxic shot approval procedures given at 50 CFR 20.134.
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