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

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed designation of critical habitat for Atriplex coronata var. notatior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and the availability of a draft economic analysis of the proposed designation of critical habitat. 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 on this proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in our final determination of critical habitat for this taxon.

This rule prescribes special early season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.

We, the U.S. Fish and Wildlife Service and the Biological Resources Discipline of the U.S. Geological Survey, have issued our combined Calendar Years 1999 and 2000 annual report on marine mammals under the jurisdiction of the U.S. Department of the Interior, as required by section 103(f) of the Marine Mammal Protection Act of 1972. Our report covers the periods of January 1 to December 31, 1999, and January 1 to December 31, 2000. We submitted the report to Congress on September 7, 2004. By this notice, we are informing you, the public, that the report is available and that copies may be obtained on request to the U.S. Fish and Wildlife Service.

This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force Mid-Atlantic Regional Panel. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2005-06 season.

We, the U.S. Fish and Wildlife Service, announce the availability of a draft environmental assessment and draft economic analysis for public comment. These documents supplement the information in the proposed rule to add all forms (diploid and triploid) of live black carp (Mylopharyngodon piceus), gametes, and viable eggs to the list of injurious fish, mollusks, and crustaceans under the Lacey Act. We are also soliciting public comments on all aspects of the proposed rule.

Maronda Homes, Inc. of Florida and Duke Construction Corporation (Applicants) each 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 a combined total of about 0.48 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat incidental to lot preparation for the construction of single-family homes and supporting infrastructure in Brevard County, Florida (Project). The destruction of 0.48 acre of foraging, sheltering, and possibly nesting habitat is expected to result in the take of one family of scrub-jays over requested permit terms of 10 years (Maronda) and 2 years (Duke). The Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We have determined that the Applicants' proposals, including the proposed mitigation and minimization measures, will individually and cumulatively have a minor or negligible effect on the species covered in the HCPs. Therefore, the ITPs are ``low-effect'' projects and qualify as categorical exclusions 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). Copies of the HCPs 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).

Maronda Homes, Inc. (Applicant) requests an incidental take permit (ITP) for a duration of 10 years, 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 requests a permit to remove about 0.24 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 home and supporting infrastructure in Section 23, Township 23 South, Range 35 East, Port St. John, Brevard County, Florida. The proposed destruction of 0.24 acre of foraging, sheltering, and possibly nesting habitat could result in the take of one family of scrub-jays. 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 Fish and Wildlife Service (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 the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). We announce the availability of the ITP application and HCP for the incidental take application. Copies of the application and HCP 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 Endangered Species Act and NEPA regulations (40 CFR 1506.6).

Environmental Defense, Inc. (ED) has submitted to the U.S. Fish and Wildlife Service (Service) a request to amend their Safe Harbor Agreement (SHA) and associated Endangered Species Act (Act) Section 10(a)(1)(A) Safe Harbor Enhancement of Survival permit (Permit) for habitat restoration activities on private lands for the endangered Black-capped vireo (Vireo atricapilla) (BCVI) and Golden-cheeked warbler (Dendroica chrysoparia) (GCWA) in the Hill Country of Texas to include twelve additional counties, along with amending language in Attachment 2 of their SHA. The amendment would allow the Safe Harbor program to expand onto additional private lands in Texas, thus furthering the conservation of BCVIs and GCWAs.

The U.S. Fish and Wildlife Service (Service) announces that the final Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Squaw Creek NWR, Mound City, Missouri. 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, and using the preferred alternative, goals, and objectives, we describe how the Service intends to manage this refuge over the next 15 years.

The public is invited to comment on the following applications to conduct certain activities with endangered species. We provide this notice pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

The U.S. Fish and Wildlife Service (we) announces the availability of the Draft Revised Recovery Plan for Hawaiian Waterbirds, Second Draft of Second Revision, for public review and comment.

The U.S. Fish and Wildlife Service (we, us, or USFWS) approves shot formulated of 62 percent iron, 25 percent tungsten, and 13 percent nickel as nontoxic for waterfowl and coot hunting in the United States. We assessed possible toxicity effects of the Iron-Tungsten-Nickel (ITN) shot, and determined that it is not a threat to wildlife or their habitats, and that further testing of ITN shot is not necessary. We have prepared a Final Environmental Assessment and a Finding of No Significant Impact in support of this decision. This rule also corrects an error and adds clarity to the list of currently approved nontoxic shot types.

We, the U.S. Fish and Wildlife Service (Service), are correcting a special rule promulgated under Section 4(d) of the Endangered Species Act of 1973, as amended (Act), to exempt the import and export of, and foreign and interstate commerce in, certain products of beluga sturgeon (Huso huso) from the permit requirements under 50 CFR 17.32. These corrections are not substantive.

We, the Fish and Wildlife Service, announce the availability of the final recovery plan for Catesbaea melanocarpa (no common name). This endangered plant species is a small spiny shrub of the family Rubiacea. It is extremely rare and is known from Puerto Rico, St. Croix in the U.S. Virgin Islands, Barbuda, Antigua, and Guadeloupe. The recovery plan includes specific recovery goal/objectives and criteria to be met to delist Catesbaea melanocarpa under the Endangered Species Act of 1973, as amended.

We, the U.S. Fish and Wildlife Service (Service), are removing the plant Helianthus eggertii (Eggert's sunflower) from the List of Endangered and Threatened Plants pursuant to the Endangered Species Act of 1973, as amended (Act), because recovery actions have secured a number of populations and identified additional populations not previously known. Therefore, the threatened designation no longer correctly reflects the current status of this plant. This action is based on a review of all available data, which indicate that the species is now protected on Federal, State, and county lands; is more widespread and abundant than was documented at the time of listing; and is more resilient and less vulnerable to certain activities than previously thought. Due to the recent development of a management plan for H. eggertii, a management plan for the barrens/woodland ecosystem, and an Integrated Natural Resources Management Plan at the U.S. Air Force's Arnold Engineering and Development Center, on whose land a significant number of sites/populations occur, new management practices will include managing for, and monitoring the areas that contain, this species. Occurrences of H. eggertii are also found on six other Federal, State, or county lands, five of which now have conservation agreements with us to protect, manage, and monitor the species. The remaining site is jointly owned by the Kentucky State Nature Preserves Commission and The Nature Conservancy and has a dedicated conservation easement and a management plan in place to protect H. eggertii. At the time of listing, there were 34 known H. eggertii sites occurring in 1 county in Alabama, 5 counties in Kentucky, and 8 counties in Tennessee. The species was not defined in terms of ``populations'' at that time. Increased knowledge of H. eggertii and its habitat has resulted in increased success in locating new plant sites. Presently, there are 287 known H. eggertii sites (making up 73 populations) distributed across 3 counties in Alabama, 9 counties in Kentucky, and 15 counties in Tennessee. Consequently, H. eggertii is not likely to become endangered within the foreseeable future throughout all or a significant portion of its range and, therefore, is no longer considered to be threatened.

The U.S. Fish and Wildlife Service published a Notice of Review in the Federal Register on July 6, 2005, concerning initiation of 5-year reviews for 33 species in Region 1. The document contained incorrect listing information and names for the Mariana crow (Corvus kubaryi) and the Mariana fruit bat (Pteropus mariannus mariannus).

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the Tooth Cave ground beetle (Rhadine persephone) 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 Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Crocodile Lake 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 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 observation, wildlife photography, and environmental education and interpretation. Significant issues address in the draft plan include: threatened and endangered species; migratory birds, habitat restoration; invasive exotic species control; funding and staffing; and land acquisition.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the status review initiated by the 90-day finding on a petition to list Cicurina cueva as an endangered species. This action will allow all interested parties an opportunity to provide information on the status of the species under the Endangered Species Act of 1973, as amended (Act).

We (Fish and Wildlife Service) will submit the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act. We will use this information to determine which project proposals should be funded in accordance with the Marine Turtle Conservation Act (Pub. L. 108-266).

Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. I), this notice announces a meeting of the Trinity Adaptive Management Working Group (TAMWG). The TAMWG affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River restoration efforts to the Trinity Management Council. Primary objectives of the meeting will include: New member orientation; TAMWG organization and operations; Trinity River Restoration Program budget status; Implementation progress report; Fall fish returns and river conditions; Science program; and Klamath-Trinity coordination. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public.

We (Fish and Wildlife Service, Service) plan to send OMB a request to renew approval for information collections associated with our Policy for Evaluation of Conservation Efforts When Making Listing Decisions (PECE). We use the information that we collect as part of the basis for identifying conservation efforts that can contribute to a decision to not list a species under the Endangered Species Act (ESA) or to list a species as threatened rather than endangered.

This notice advises the public and other agencies of the availability of a draft Environmental Assessment (EA)/Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP) application for review and comment. The draft EA/HCP and ITP application were submitted to the U.S. Fish and Wildlife Service (Service) by Predevelopment LTD proposing residential development of a 6.45-acre property on Long Point, Kelleys Island, Erie County, Ohio. Federally threatened Lake Erie watersnakes (Nerodia sipedon insularum) occupy the project area, and it has been determined that the proposed actions will result in incidental take of this species. Predevelopment LTD submitted an ITP application to the Service for incidental take pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended (Act, 16 U.S.C. 1531, et seq.). The submission of the ITP application requires the development of an HCP by the applicant detailing measures to be taken to avoid, minimize, and mitigate impacts to Lake Erie Watersnakes. This notice is provided pursuant to section 10(a) of the Act and National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6).

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, methods and means related to taking of wildlife for subsistence uses during the 2006-2007 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. When final, this rulemaking would replace the wildlife taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart D2005-2006 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on June 30, 2006. This rule would also amend the Customary and Traditional Use Determinations of the Federal Subsistence Board and the General Regulations related to the taking of wildlife.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the slackwater darter (Etheostoma boschungi) from the Federal List of Endangered and Threatened Wildlife and Plants pursuant to the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that delisting of the slackwater darter may be warranted. Accordingly, we are not required to take any further action in response to this petition. However, we believe the information in our files indicates a decline in the status of this species since its listing. Therefore, we ask the public to submit to us any new information that has become available concerning the status of or threats to the slackwater darter since it was listed in 1977. This information will help us more accurately assess its status and complete a 5-year review as required under section 4(c)(2)(A) of the Act.

Pursuant to the National Environmental Policy Act (NEPA), this notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to prepare a draft EIS for an anticipated incidental take permit application, including an HCP, by the Barton Springs Edwards Aquifer Conservation District (District) of Austin, Texas. The proposed application is for an Incidental Take Permit for the District's management of underground water through permits authorizing withdrawals from the Barton Springs segment of the Edwards Aquifer. Such withdrawals directly affect the flow of Barton Springs, which are four hydraulically connected spring outlets constituting the major discharge points for the Barton Springs segment of the Edwards Aquifer. The District is evaluating the need for a permit for the endangered Barton Springs salamander (Eurycea sosorum) and the Austin blind salamander (Eurycea waterlooensis), a candidate for listing. Additionally, the District may prepare an HCP that includes measures to minimize and mitigate any taking of species incidental to the permitted withdrawal of groundwater from the Barton Springs segment of the Edwards Aquifer.

We, the Fish and Wildlife Service (Service), propose to amend the regulations at 50 CFR part 17, which implement the Endangered Species Act (Act), as amended (16 U.S.C. 1531 et seq.), to 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. The special rule would allow 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 would also allow for cultural exchange by Alaska Natives and activities conducted by persons registered as an agent or tannery under existing law. We also propose to amend our definition of ``Authentic native articles of handicrafts and clothing'' which currently stipulates, among other things, that such items were commonly produced on or before December 28, 1973. We propose to strike the requirement with respect to December 28, 1973. We believe that such a 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 proposed rule regarding the definition of ``Authentic native articles of handicrafts and clothing'' published on June 4, 2004.

The following permit was issued.

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

The following applicants have applied for survival enhancement permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (``we'') solicits review and comment from the public, and from local, State, and Federal agencies on the following permit requests.

The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2005-06 migratory bird hunting season.

The following permits were issued.

The Fish and Wildlife Service (We) will send a request to OMB to renew approval for the collection of information described below under the provisions of the Paperwork Reduction Act of 1995. This information collection covers the following types of grant programs: Sport Fish Restoration, Wildlife Restoration, Coastal Wetland Restoration, Clean Vessel, Boating Infrastructure, and Partnerships for Wildlife and Endangered Species.

We, the U.S. Fish and Wildlife Service (Service), are providing this notice to advise the public that a draft environmental assessment will be prepared, pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, in conjunction with a proposed rule to establish, under section 10(j) of the Endangered Species Act of 1973, as amended (Act), a Nonessential Experimental Population (NEP) of Rio Grande silvery minnow (Hybognathus amarus) (silvery minnow) in the Rio Grande River in Big Bend National Park and the Rio Grande Wild and Scenic River in Texas. We will hold three public informational sessions and scoping meetings (see DATES and ADDRESSES sections). Through this notice and the public scoping meetings, we are seeking comments or suggestions from the public, other concerned governmental agencies, Tribes, the scientific community, industry, or any other interested parties concerning the scope of the environmental analysis, including the alternatives that should be analyzed.

We, the U.S. Fish and Wildlife Service (USFWS), announce a 90- day finding for a petition to remove Sclerocactus wrightiae (Wright fishhook cactus), throughout its range, from the Federal list of threatened and endangered species, pursuant to the Endangered Species Act of 1973, as amended (Act). We reviewed the petition and supporting documentation and find that there is not substantial information indicating that delisting of Wright fishhook cactus may be warranted. Therefore, we will not be initiating a further 12-month status review in response to this petition. However, we are initiating a 5-year review of this species under section 4(c)(2)(A) of the ESA that will consider new information that has become available since the listing of the species. This will provide the States, Tribes, other agencies, university researchers, and the public an opportunity to provide information on the status of the species. We are requesting any new information on the Wright fishhook cactus that has become available since its original listing as an endangered species in 1979.

We (Fish and Wildlife Service or Service) have submitted the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act. The information collected for the Private Stewardship Grants Program (PSGP) is needed to review requests for funding and to comply with Federal reporting requirements for grants awarded under this program.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the California tiger salamander (Ambystoma californiense) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 74,223 acres (ac) (30,037 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Sonoma County, California.

The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2005-06 early-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions.