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

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Pelican Island National Wildlife Refuge 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 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 habitat, plans identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation.

The notice announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Cameron Prairie National Wildlife Refuge is now 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, plans identify 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: Preserving, restoring, and enhancing diverse habitats to provide favorable conditions for migratory and native wildlife species; Maintaining healthy and viable native fish and wildlife populations on the refuge to contribute to the purpose for which it was established and to the mission of the National Wildlife Refuge System; Providing opportunities for safe, quality, compatible, wildlife-dependent public use and recreation, which includes hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation; Protecting cultural resources in accordance with Federal and state historic preservation legislation and regulations; and Developing and maintaining the Southwest Louisiana National Wildlife Refuge Complex Headquarters in a manner that supports, directs, and manages the needs, resources, and staff of Cameron Prairie, Sabine, and Lacassine National Wildlife Refuges. Also available for review are the draft compatibility determinations for: recreational fishing; recreational hunting; environmental education and interpretation; wildlife observation and photography; commercial alligator harvest; commercially guided wildlife viewing, photography, environmental education, and interpretation; research and monitoring; commercial video and photography; adjacent property access; and beneficial use of dredge material.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) advise interested parties of their intent to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare an Environmental Impact Statement (EIS) related to a permit application from Lewis County, Washington for the incidental take of listed species. The permit application would be associated with the Family Forest Habitat Conservation Plan in the Chehalis and Cowlitz River watersheds located in Lewis County, Washington.

Results Home Buyer Inc. (Applicant) requests 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 Applicant anticipates removal of about 0.18 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of a single-family residence and supporting infrastructure in Venice, Sarasota County, Florida (project). The take of one family of scrub-jays, consisting of up to four individuals, could occur as a result of the Applicant's proposed activities. 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. The Service has determined that the Applicant's proposal, including the proposed mitigation and minimization measures, will individually and cumulatively have a minor or negligible effect on the species covered in the HCP. Therefore, the ITP is a ``low-effect'' project and qualifies as a categorical exclusion under the National Environmental Policy Act (NEPA), as provided by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). The Service announces the availability of the ITP application, HCP, and Screening Form for Low-Effect HCP Determinations for this incidental take application. Copies of the ITP application, HCP, and Screening Form 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 Act and NEPA regulations (40 CFR 1506.6).

On February 15, 2005, a notice was published in the Federal Register (Vol. 70, No. 30, FR 7754), that an application had been filed with the U.S. Fish and Wildlife Service (Service) by the Triview Metropolitan District and Forest Lakes Metropolitan District for a permit to incidentally take, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1539) as amended, Preble's meadow jumping mouse (Zapus hudsonius preblei), pursuant to the terms of the ``Low-Effect Habitat Conservation Plan for Issuance of an Endangered Species Act Section 10(a)(1)(B) Permit for the Incidental Take of the Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) for the Monument Creek Interceptor Tie-In Along Jackson Creek, El Paso County, Colorado.'' Notice is hereby given that on June 30, 2005, as authorized by the provisions of the Endangered Species Act, the Service issued a permit (TE-097228-0) to the above named party subject to certain conditions set forth therein. The permit was granted only after the Service determined that it was applied for in good faith, that granting the permit will not be to the disadvantage of the threatened species, and that it will be consistent with the purposes and policy set forth in the Endangered Species Act, as amended. Additional information on this permit action may be requested by contacting the Colorado Field Office, 755 Parfet Street, Suite 361, Lakewood, Colorado 80215, telephone (303) 275-2370, between the hours of 7 a.m. and 4:30 p.m. weekdays.

This notice advises the public that the Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a Comprehensive Conservation Plan and Environmental Assessment for the Wheeler National Wildlife Refuge Complex, pursuant to the National Environmental Policy Act and its implementing regulations. 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, plans identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. The purpose of this notice is to achieve the following: (1) Advise other agencies and the public of our intentions, and (2) Obtain suggestions and information on the scope of issues to include in the environmental document.

The Hillcrest Travel Plaza (applicant) has applied to the Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Service is considering the issuance of a 10-year permit to the applicant that would authorize take of the endangered San Joaquin kit fox (Vulpes macrotis mutica) incidental to otherwise lawful activities. Such take would occur during the construction and operation of the applicant's proposed travel plaza in Fresno County, California. Construction of the proposed travel plaza would result in the loss of up to 9.27 acres of foraging and migration habitat for the San Joaquin kit fox. We request comments from the public on the permit application and an Environmental Assessment, both of which are available for review. The permit application includes the proposed Habitat Conservation Plan (Plan) and an accompanying Implementing Agreement. The Plan describes the proposed project and the measures that the applicant would undertake to minimize and mitigate take of the San Joaquin kit fox.

The U.S. Fish and Wildlife Service and the National Park Service, U.S. Department of the Interior (DOI), as lead agencies, announce that the Draft Bison and Elk Management Plan (Plan) and Environmental Impact Statement (EIS) for the National Elk Refuge and Grand Teton National Park/John D. Rockefeller, Jr. Memorial Parkway (Grand Teton National Park) is available. This draft Plan/EIS was prepared pursuant to the National Wildlife Refuge System Administration Act (NWRS Improvement Act), as amended; the National Park Service Management Policies 2001; and the National Environmental Policy Act (NEPA). The draft Plan/EIS was prepared in cooperation and partnership with the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS); the U.S. Forest Service; the Bridger-Teton National Forest (BTNF); the Bureau of Land Management (BLM); and the State of Wyoming Game and Fish Department (WGFD). The draft Plan/EIS describes the U.S. Fish and Wildlife Service's and the National Park Service's proposal for management of the Jackson bison and elk populations within their respective jurisdictions for 15 years, beginning at the completion of a Record of Decision (ROD) on the final Plan/EIS. Six alternatives for the management of bison and elk populations in the National Elk Refuge and the Grand Teton National Park are considered in the draft Plan/EIS.

The U.S. Fish and Wildlife Service announce that a Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Lost Trail National Wildlife Refuge is available. This CCP, prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997 and the National Environmental Policy Act of 1969, describes how the U.S. Fish and Wildlife Service intends to manage this refuge for the next 15 years.

Pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the following requests are made:

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

Northern Indiana Public Service Company and the Indiana- American Water Company, Inc. (Applicants) have applied to the U.S. Fish and Wildlife Service (Service) for a joint incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of the endangered Karner blue butterfly (Lycaeides melissa samuelis) from management activities associated with electric power transmission line, natural gas pipeline, and potable water pipeline right-of-ways in northern Lake and Porter Counties, Indiana. A conservation program to mitigate for the project activities would be implemented as described in the proposed Low Effect Habitat Conservation Plan (proposed Plan), which would be implemented by the Applicants. We are requesting comments on the permit application and on the preliminary determination that the proposed Plan qualifies as a ``Low-Effect'' Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended.

We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed designation of critical habitat for the Central population of the California tiger salamander and the availability of the draft economic analysis of the proposed designation of critical habitat. The draft economic analysis identifies potential costs of approximately $367 million over a 20-year period or $32.8 million per year as a result of the designation of critical habitat, including those costs coextensive with listing. We are reopening the comment period 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 preparation of the final rule.

The U.S. Fish and Wildlife Service (Service) is preparing a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) document for Sacramento, Delevan, Colusa, and Sutter National Wildlife Refuges (NWRs) which are part of the Sacramento NWR Complex (NWRC). This notice advises the public that the Service intends to gather information necessary to prepare a CCP and an EA pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended, and the National Environmental Policy Act (NEPA). The public is invited to participate in the planning process. The Service is furnishing this notice in compliance with the Service's CCP policy to: 1. Advise other agencies and the public of our intentions; 2. Obtain suggestions and information on the scope of issues to include in the environmental documents; and The Service will solicit information from the public via open houses, meetings, and written comments. Special mailings, newspaper articles, and announcements will provide information regarding opportunities for public involvement in the planning process.

The U.S. Fish and Wildlife Service (Service) announces that the Final Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) for Maine Coastal Islands National Wildlife Refuge (NWR) are available for review. The Final CCP and EIS were prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 6688dd et seq.), and the National Environmental Policy Act of 1969. The CCP describes how the Service intends to manage the refuge over the next 15 years.

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.

The Fish and Wildlife Service proposes to add six refuges to the list of areas open for hunting and/or sport fishing programs and increase the activities available at seven other refuges. We also propose to implement pertinent refuge-specific regulations for those activities and amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2005-2006 season.

Between April 21, 2004, and May 31, 2005, the Pacific Region and California/Nevada Operations Office of the Fish and Wildlife Service (encompassing Oregon, Washington, Idaho, Hawaii, California, and Nevada) issued 14 permits in response to applications for incidental take of threatened and endangered species, pursuant to sections 10(a)(1)(B) and 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). Copies of the permits and associated decision documents are available upon request.

We, the U.S. Fish and Wildlife Service, announce the initiation of 5-year reviews of 31 listed species in Table 1 below, under section 4(c)(2)(A) of the Endangered Species Act (Act). The purpose of a 5-year review is to ensure that the classification of a species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate and based on the best scientific and commercial data available at the time of the review. We are requesting submission of any such information that has become available since the original listing of each of these 31 species. Based on the results of these 5-year reviews, we will make the requisite findings under section 4(c)(2)(B) of the Act.

Colorado Division of Wildlife (CDOW) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit for the Gunnison Sage-Grouse (Centrocercus minimus) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed Candidate Conservation Agreement with Assurances (Agreement) between the CDOW and the Service. The Agreement, the permit application, and the Environmental Assessment are available for public comment. The purpose of the Agreement is for the CDOW and the Service to implement conservation measures for the Gunnison sage-grouse in 15 counties in southwestern Colorado. The effort is in support of the CDOW's ongoing efforts to enhance the abundance and distribution of the Gunnison sage-grouse throughout its historic range in Colorado. The conservation measures would be implemented by the CDOW and by participating landowners. The selected conservation measures would primarily come from the Gunnison Sage-Grouse Rangewide Conservation Plan, which was completed in April 2005 by numerous cooperating agencies and nongovernmental organizations. Consistent with the Service's Candidate Conservation Agreement with Assurances Final Policy (64 FR 32726, June 17,1999), the Agreement is intended to facilitate the conservation of Gunnison sage-grouse by giving the State of Colorado and cooperating private landowners incentives to implement conservation measures. Participating Landowners would receive regulatory certainty concerning land use restrictions that might otherwise apply should the Gunnison sage-grouse become listed under the ESA. Participating Landowners with eligible property in southwestern Colorado could sign up under the Agreement and the associated permit through a Certificate of Inclusion. The proposed term of the Agreement and the permit is 20 years. The Service has prepared an Environmental Assessment for approval of the Agreement and issuance of the permit. The environmental assessment considers the biological, environmental, and socioeconomic effects of the proposed Agreement and permit. The assessment also evaluates two alternatives to the Agreement and permit, and their potential impacts on the environment. We request comments from the public on the permit application, Agreement, and Environmental Assessment. All comments we receive, including names and addresses, will become part of the administrative record and may be released to the public.

We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a 5-year review of 33 species listed in Table 1 below, under section 4(c)(2)(B) of the Endangered Species Act (Act). The purpose of a 5-year review is to ensure that the classification of a species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate and consistent with the best scientific and commercial data available at the time of the review. We are requesting submission of any such information that has become available since the original listing of each of these 33 species. Based on the results of these 5-year reviews, we will consider whether the status of the species should be changed, pursuant to section 4(c)(2)(B) of the Act. BILLING CODE 4310-55-P [GRAPHIC] [TIFF OMITTED] TN06JY05.001

The following permits were issued.

This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force Research Committee. This meeting is open to the pubic. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.