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

We, the Fish and Wildlife Service (Service), give notice that we are suspending import of and foreign commerce in beluga sturgeon (Huso huso) caviar and meat originating in the Caspian Sea littoral states of Azerbaijan, the Islamic Republic of Iran, Kazakhstan, the Russian Federation, and Turkmenistan effective immediately. This suspension includes shipments that have been exported directly from these countries, re-exported through an intermediary country, or transported as personal or household effects, and it prohibits foreign commerce in the course of a commercial activity. We are taking this action under the special rule that was promulgated to control the trade of threatened beluga sturgeon (Huso huso) (70 FR 10493; March 4, 2005). Interstate commerce in beluga sturgeon caviar or meat from the Caspian Sea basin that was legally imported into the United States before the trade suspension is not prohibited.

We, the Fish and Wildlife Service (Service), announce our revised 12-month finding for a petition to list the Southern Rocky Mountain population (SRMP) of the boreal toad (Bufo boreas boreas) as endangered under the Endangered Species Act (ESA). After a review of the best available scientific and commercial information, we find that listing is not warranted at this time because the SRMP of the boreal toad does not constitute a species, subspecies, or distinct population segment (DPS) under the ESA. Therefore, we withdraw the SRMP from the candidate list. The Service will continue to seek new information on the taxonomy, biology, and ecology of these toads, as well as potential threats to their continued existence.

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.

This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule 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.

The Fish and Wildlife Service published a document in the Federal Register on September 13, 2005 (70 FR 54146), amending 50 CFR part 32. This document related to the addition of refuges and wetland management districts to the list of areas open for hunting and/or sport fishing programs and increased the activities available at other refuges. We also developed pertinent refuge-specific regulations for those activities and amended 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. This document corrects the final regulations.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Klamath River, Columbia River, Jarbidge River, Coastal-Puget Sound, and Saint Mary-Belly River populations of bull trout (Salvelinus confluentus) in the coterminous United States pursuant to the Endangered Species Act of 1973, as amended (Act). This final designation totals approximately 3,828 miles (mi) (6,161 kilometers (km) of streams, 143,218 acres (ac) (57,958 hectares (ha) of lakes in Idaho, Montana, Oregon, and Washington, and 985 mi (1,585 km) of shoreline paralleling marine habitat in Washington. We solicited data and comments from the public on all aspects of the proposed rules, including data on economic and other impacts of the designations.

The U.S. Fish and Wildlife Service (Service or we) is proposing migratory bird subsistence harvest regulations in Alaska for the 2006 season. This proposed rule would establish regulations that prescribe frameworks, or outer limits, for dates when harvesting of birds may occur, species that can be taken, and methods and means that would be excluded from use. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations are intended to provide a framework to enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes regulations that start on April 2, 2006, and expire on August 31, 2006, for the subsistence harvest of migratory birds in Alaska.

The U.S. Fish and Wildlife Service (Service) announces the availability of the approved Barton Springs Salamander Recovery Plan (Recovery Plan). The Barton Springs salamander (Eurycea sosorum) is known to occur near four spring outlets that collectively make up Barton Springs in Austin, Texas. Habitat loss and modification from water quality and water quantity degradation are the primary threats facing the species. The Recovery Plan outlines the necessary criteria, objectives, and tasks to reduce these threats and accomplish the goal of delisting the Barton Springs salamander.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the red wolf (Canis rufus), Appalachian elktoe (Alasmidonta raveneliana), Cumberland elktoe (Alasmidonta atropurpurea), Cumberland monkeyface (Quadrula intermedia), Cumberlandian combshell (Epioblasma brevidens), green blossom (Epioblasma torulosa gubernaculum), oyster mussel (Epioblasma capsaeformis), tubercled blossom (Epioblasma torulosa torulosa), turgid blossom (Epioblasma turgidula), yellow blossom (Epioblasma florentina florentina), painted snake coiled forest snail (Anguispira picta), dwarf-flowered heartleaf (Hexastylis naniflora), Schweinitz's sunflower (Helianthus schweinitzii), and seabeach amaranth (Amaranthus pumilus) 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.

The Fish and Wildlife Service (Service) has received an application from the Ohio Department of Natural Resources (Applicant) for an enhancement of survival permit (ESP) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicant proposes to implement conservation measures for the Eastern Massasauga rattlesnake (Sistrurus sistrurus catenatus) by removing the threats to the survival and protecting and managing its habitat within the Rome State Nature Preserve. The Service announces receipt of the ESP application as well as the availability of a proposed Candidate Conservation Agreement with Assurances (CCAA) intended to facilitate the implementation of conservation measures for the species by the Applicant. Compliance under the National Environmental Policy Act (NEPA) for the proposed action was addressed in an Environmental Assessment (EA) approved July 26, 2005. A copy of the final EA and Finding of No Significant Impact (FONSI) is available at: https://www.fws.gov/midwest/NEPA.

We are proposing to update and amend the standards for the humane and healthful transport of wild mammals and birds to the United States. To determine how to proceed, we are asking the public for comments and input on whether the current regulations are up to date and adequate. We are also seeking comments for the best process to address necessary changes to the requirements in the Code of Federal Regulations that provide standards for the humane and healthful transport of wild mammals and birds to the United States. This will allow us to further meet our responsibilities under the Lacey Act Amendments of 1981 and our obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The current standards for transport of mammals and birds now available are in accordance with the accepted international requirements as described in the International Air Transport Association's (IATA) Live Animal Regulations (LAR) published in October 1993 (20th edition). This edition is now 12 years old and several updates of the IATA Live Animal Regulations have been published since publication of that edition. Many mammals and birds are protected by CITES and it is a recommendation that all species listed under CITES be transported using the current IATA LAR. We expect that if we promulgate amendments to the standards for humane and healthful transport of wild mammals and birds to the United States, these amendments will be consistent with the most current IATA LAR at the time of the final rule, and, therefore, be current with the industry standards for ensuring the humane and healthful shipment of live mammals and birds. Finally, it has come to our attention that IATA LAR requirements may not always agree with those of the international ground transport industry, such as those of the Animal Transport Association (AATA). We are interested in public comments on this issue as well.

The Applicant, White Water Springs, L.L.C., has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a) of the Endangered Species Act (Act). The Applicant has been assigned permit number TE-110131-0. The requested permit, which is for a period of 30 years, would authorize incidental take of the endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed take would occur as a result of the construction and operation of a residential development on 1,758-acres (717 hectares) of the White Water Springs property, Burnet County, Texas. The Service has prepared the Environmental Assessment/Habitat Conservation Plan (EA/ HCP) for the incidental take application. A determination of jeopardy or non-jeopardy to the species and a decision pursuant to the National Environmental Policy Act (NEPA) will not be made until at least 60 days from the date of publication of this notice. This notice is provided pursuant to Section 10(c) of the Act and National Environmental Policy Act regulations (40 CFR 1506.6).

The U.S. Fish and Wildlife Service (Service) announces the availability of the Final Recovery Plan for the Pecos sunflower (Helianthus paradoxus). The Pecos sunflower is a wetland annual plant that grows on wet, alkaline soils at spring seeps, wet meadows and pond margins. It occurs in seven widely spaced populations in west-central and eastern New Mexico and west Texas. Loss and/or alteration of wetland habitat is the primary threat to Pecos sunflower, primarily by surface water diversion and wetland filling for agriculture and recreational uses, and groundwater pumping and aquifer depletion for municipal uses. The Recovery Plan outlines the necessary criteria, objectives, and actions to reduce these threats and accomplish the goal of delisting the Pecos sunflower.

The U.S. Fish and Wildlife Service (hereinafter Service or we) published a document in the August 31, 2005, Federal Register prescribing the hunting seasons, hours, areas, and daily bag and possession limits for 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. This document corrects errors in the season dates and other pertinent information for the States of Hawaii and Texas.

The U.S. Fish and Wildlife Service (Service) is gathering information necessary to prepare Comprehensive Conservation Plans (CCP) and associated environmental documentation for Howland Island National Wildlife Refuge (NWR), Baker Island NWR, and Jarvis Island NWR (refuges, collectively). These refuges are unincorporated insular areas, or U.S. territories, located near the equator in the Pacific Ocean, approximately 1,300 to 1,600 miles south to southwest of Honolulu, Hawaii, and are administered as units of the National Wildlife Refuge System. The Service is publishing this notice in compliance with the National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 668dd et seq.) and the National Environmental Policy Act (NEPA) and implementing regulations for the following purposes: (1) To advise the public and other agencies of this effort; (2) to obtain public comments, suggestions, and information on the issues to be addressed in the CCP; and (3) to determine interest from public and other agencies in attending public scoping meetings. Special mailings, newspaper articles, and other media announcements will be used to inform the public and foreign, State, and local government agencies of the opportunities for input throughout the planning process.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Rota bridled white-eye (Zosterops rotensis) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 3,958 acres (ac) (1,602 hectares (ha)) fall within the boundaries of the proposed critical habitat designation on the island of Rota, Commonwealth of the Northern Mariana Islands (CNMI).

The Fish and Wildlife Service adds six refuges to the list of areas open for hunting and/or sport fishing programs and increases the activities available at seven other refuges. We also 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.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the Puerto Rican parrot (Amazona vittata), Puerto Rican plain pigeon (Columba (=Patagioenas) inornata wetmorei), red-cockaded woodpecker (Picoides borealis), Puerto Rican boa (Epicrates inornatus), Virgin Islands tree boa (Epicrates monensis granti), guaj[oacute]n (Eleutherodactylus cooki), Harrisia portoricensis (higo chumbo), and Adiantum vivesii (no common name), 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.

The U.S. Fish and Wildlife Service (Service or we) is issuing this notice to advise the public that we are initiating efforts to prepare a Supplemental Environmental Impact Statement (EIS) for the Sport Hunting of Migratory Birds under the authority of the Migratory Bird Treaty Act. The EIS will consider a range of management alternatives for addressing sport hunting of migratory birds under the authority of the Migratory Bird Treaty Act. The Service seeks suggestions and comments on the scope and substance of this supplemental EIS, options or alternatives to be considered, and important management issues. Federal and State agencies and the public are invited to present their views on the subject to the Service. While we have yet to determine potential sites of public scoping meetings, we will publish a notice of any such public meetings with the locations, dates, and times in the Federal Register.

We, the U.S. Fish and Wildlife Service (Service), announce that we will hold a public hearing (see DATES and ADDRESSES sections) on our proposed rule to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) from the Federal List of Endangered and Threatened Wildlife, eliminate its currently designated critical habitat, and to withdraw its proposed new critical habitat. This public hearing will allow all interested parties an opportunity to comment on our proposed actions.

Eugene T. Butler, Carlos E. Gauthier, Robert Moren, and Kheino A. Phidd (Applicants) individually 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 1.03 acres 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 (Projects). Requested permit duration is one year for all applicants, except for Moren, who requests a 10-year permit term. The destruction of 1.03 acre of foraging, sheltering, and possibly nesting habitat is expected to result in the take of three families of scrub-jays. Each of the Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the proposed Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We have determined that each 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 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). We announce the availability of the HCPs for the incidental take applications. 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).

Mr. Mitchel Pace (Applicant/Cooperator) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit (ESP) for the Utah prairie dog pursuant to section 10(a)1(A) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). This permit application includes a proposed Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA and permit would become effective upon signature of the SHA and would remain in effect for 25 years. This notice is provided pursuant to the National Environmental Policy Act (NEPA), section 10 of the Act, and the Service's Safe Harbor Policy (64 FR 32717). The Service requests information, views, and opinions from the public via this notice. Further, the Service is soliciting information regarding the adequacy of the SHA as measured against the Service's Safe Harbor Policy and the regulations that implement it.

We, the U.S. Fish and Wildlife Service (Service), are amending the regulations promulgated under the Endangered Species Act (Act) (16 U.S.C. 1531 et seq.) to add new regulations to govern certain activities with U.S. captive-bred scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and dama gazelle (Gazella dama), which have been listed as endangered. For U.S. captive-bred live wildlife, including embryos and gametes, and sport-hunted trophies of these three species, this rule authorizes certain otherwise prohibited activities that enhance the propagation or survival of the species. International trade in specimens of these species will continue to be subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We have also prepared a final Environmental Assessment with a Finding of No Significant Impact for this final rule under regulations implementing the National Environmental Policy Act of 1969 (NEPA).

This notice announces the availability of the draft East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan (Plan), draft Implementing Agreement, and draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for public review and comment. In response to receipt of an application from the East Contra County Habitat Conservation Plan Association (Association), the Fish and Wildlife Service (Service) is considering the proposed action of issuing a 30-year permit for 28 species. The proposed permit would authorize take of individual members of species listed under the Federal Endangered Species Act of 1973, as amended (ESA). The permit is needed because take of species could occur during proposed urban development activities, rural infrastructure projects, and preserve management activities within a 175,435-acre planning area located in eastern Contra Costa County, California.

The following applicant has applied for a scientific research permit 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 local, State, and Federal agencies, and the public on the following permit request.