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

The U.S. Fish and Wildlife Service (FWS) is publishing in the Federal Register the priority list of wildlife and sport fish conservation projects submitted by the International Association of Fish and Wildlife Agencies (IAFWA) for funding under the Multistate Conservation Grant Program. This notice is required by the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000 (Pub. L. 106- 408). FY 2006 grants may be awarded from this priority list.

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

We (Fish and Wildlife Service, Service) have sent a request to OMB to renew approval for our information collection associated with the Neotropical Migratory Bird Conservation Act (NMBCA) grants program. The current OMB control number for this information collection is 1018- 0113, which expires November 30, 2005. We have requested that OMB renew approval of this information collection for a 3-year term.

We, the U.S. Fish and Wildlife Service, announce the availability of the Draft Post-delisting Monitoring Plan for the Douglas County Distinct Population Segment of the Columbian White- tailed Deer (Odocoileus virginianus leucurus) (Monitoring Plan). The status of the Douglas County distinct population segment of the Columbian white-tailed deer will be monitored over a 5-year period through spring and fall population trend monitoring surveys, regular disease outbreak monitoring, and an annual habitat status review. We solicit review and comment on this Monitoring Plan from local, State and Federal agencies, and the public.

Montana Fish, Wildlife and Parks (FWP) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit for the fluvial Arctic grayling (Thymallus arcticus) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed Umbrella Candidate Conservation Agreement with Assurances (Agreement) between the FWP and the Service. The USDA Natural Resources Conservation Service (NRCS) and Montana Department of Natural Resources and Conservation (DNRC) also are signatories for the proposed Agreement. The Agreement, the permit application, and the Environmental Assessment are made available for public comment by this notice. The purpose of the Agreement is for private landowners and the FWP, NRCS, DNRC, and the Service to implement conservation measures for the fluvial Arctic grayling in the upper Big Hole River in southwestern Montana. The effort is in support of the FWP's ongoing efforts to enhance the abundance and distribution of the fluvial Arctic grayling throughout its historic range in the upper Missouri River basin. The conservation measures would be implemented by FWP, NRCS, DNRC, the Service, and by participating landowners. A technical working group comprised of FWP, NRCS, DNRC, and the Service developed the conservation measures for the proposed Agreement. Consistent with the Service's Candidate Conservation Agreement with Assurances Final Policy (CCAA Policy) (64 FR 32726, June 17, 1999), the Agreement is intended to facilitate the conservation of fluvial Arctic grayling by giving the State of Montana and cooperating private landowners incentives to implement conservation measures. Participating Landowners would receive regulatory certainty concerning land and water use restrictions that might otherwise apply should the fluvial Arctic grayling become listed under the ESA. Participating Landowners with eligible property in the upper Big Hole River watershed in southwestern Montana could sign up under the Agreement and the associated permit through site-specific plans for their property and a Certificate of Inclusion. The proposed term of the Agreement and the permit is 20 years. The Service and FWP have prepared a joint Environmental Assessment for execution of the Agreement and issuance of the permit pursuant to the National Environmental Policy Act (for the Service) and implementation of the Agreement pursuant to the Montana Environmental Policy Act (for FWP). 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, draft Agreement, and draft Environmental Assessment. All comments we receive, including names and addresses, will become part of the administrative record and may be released to the public.

The Fish and Wildlife Service (Service) announces the availability for public review of the draft document Reassessing Methods to Estimate Population Size and Sustainable Mortality Limits for the Yellowstone Grizzly Bear. Once comments are received, analyzed, and addressed, the final revised population methodology will be appended to the Grizzly Bear Recovery Plan and the Final Conservation Strategy for the Grizzly Bear in the Greater Yellowstone Area. The Service solicits review and comment from the public on this draft information prior to appending it to the Grizzly Bear Recovery Plan.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

On September 24, 1999, the U.S. Fish and Wildlife Service (Service) issued a section 10(a)(1)(B) permit, pursuant to Section 10(a) of the Endangered Species Act (Act), for incidental take of the golden-cheeked warbler (GCW) (Dendroica chrysoparia) to John and Christine Caster (Applicants). The permit (TE-012423) was for a period of five years and expired on September 24, 2004. The requested permit renewal will extend the permit expiration by five years from the date the permit is reissued.

This notice is to announce the availability of a Final Environmental Impact Statement (FEIS) on resident Canada goose management. We published the Draft Environmental Impact Statement (DEIS) in March 2002. We considered over 2,700 public comments in revising the document.

We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed designation of critical habitat for the Sonoma County population of the California tiger salamander. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and an alternative we are considering in our approach to this designation. We are considering a final designation of 21,298 ac (8,519 ha) or less due to an alternative methodology for designating critical habitat (see discussion below). The final critical habitat rule is due to the Federal Register on December 1, 2005. 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 considered in preparation of the final rule.

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). The Services anticipate receiving permit applications from Gardena Farms Irrigation District (GFID), Hudson Bay District Improvement Company (HBDIC), and the Walla Walla River Irrigation District (WWRID). Other surface water diverters in the Walla Walla Basin, such as independent irrigators, ditch companies, and other local governments, may also apply. The permit applications would be submitted under the Endangered Species Act (ESA) for the incidental take of listed species through actions associated with the Bi-State Habitat Conservation Plan (HCP) for the Walla Walla River Basin. Given the present list of likely permit applicants, the geographic scope of the permit would be that portion of the mainstem Walla Walla River downstream from the Walla Walla River Irrigation District's diversion. If other surface water diverters apply for permits, the geographic scope would be expanded accordingly to include those stream reaches within the Walla Walla Basin that are potentially affected by those diversions. The proposed actions to be covered by the permit would be those activities undertaken by the applicants that are associated with the diversion and delivery of surface water.

WL Homes, LLC, doing business as John Laing Homes (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 (Act) of 1973, as amended. The requested permit amendment would authorize the incidental take of the federally threatened Preble's meadow jumping mouse, Zapus hudsonius preblei (Preble's), through loss and modification of its habitat associated with the expansion and amendment of the Struthers Ranch Property Environmental Assessment/Habitat Conservation Plan (EA/HCP) in El Paso County, Colorado. The EA/HCP is available for public review and comment. It fully describes the proposed project and the measures the Applicant would undertake to minimize and mitigate project impacts to the Preble's. The Service requests comments on the EA/HCP and associated documents for the proposed issuance of the incidental take permit. All comments on the EA and permit amendment application will become part of the administrative record and will be available to the public.

This notice informs the public that the Southeast Alaska Federal Subsistence Regional Advisory Council will hold a public meeting on December 1, 2005. The public is invited to participate and to provide oral testimony.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered Monardella linoides ssp. viminea (willowy monardella) under the Endangered Species Act of 1973, as amended (Act). We have determined that approximately 2,539 acres (ac) (1,028 hectares (ha)) of land within San Diego County, California, contain the physical and biological features essential to the conservation of M. l. ssp. viminea. Of that, we are proposing to designate as critical habitat approximately 115 acres (47 ha) of private lands and the Padre Dam Municipal Water District lands within the City of Santee. We do not include Tribal lands in this proposed designation. We are exempting or considering whether to exclude from critical habitat designation the other lands that contain the features essential to the conservation of M. l. ssp. viminea. We fully discuss the exemption and exclusions under consideration in the preamble of this proposed rule. We are soliciting data and comments from the public on all aspects of this proposal, including the exemption and exclusions under consideration.

Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), 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: Technical team/subgroup organization; Budget process and FY07 budget; Science Framework and draft monitoring plan; Trinity River Restoration Program attention to (non-fish) wildlife; 50% vs 90% ``exceedence criteria'' in water-year- type forecasting; 2005 fish returns; and TAMWG member presentations. 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, the U.S. Fish and Wildlife Service, announce an extension of the comment period for the 5-year reviews of 31 listed species in Table 1 below, under section 4(c)(2)(A) of the Endangered Species Act (Act). The first request for information closed September 6, 2005. 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.

This notice announces that a Draft Comprehensive conservation Plan and environmental Assessment for St. Catherine Creek National Wildlife Refuge is available for review and comment. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a comprehensive conservation plan for each national wildlife refuge. The purpose in developing a comprehensive conservation plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, the plan identifies wildlife- dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation.

Sundown Development and Realty (Applicant) is requesting an incidental take permit (ITP) for a period of five years, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The Applicant anticipates take of three federally threatened Florida scrub-jays (Aphelocoma coerulescens) (scrub-jay) incidental to clearing approximately 0.70 acre of scrub-jay foraging and roosting habitat in preparation for construction of a combination of office space and three-story townhomes on a 5.25-acre parcel (project). The anticipated take would occur in section 30, Township 40 South, Range 43 East, Village of Tequesta, Palm Beach County, Florida. The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the project on the scrub-jay. These measures are also outlined in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the Applicant's ITP application, HCP and Environmental Assessment (EA). Copies of the application, HCP and EA 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 (NEPA) regulations (40 CFR 1506.6).

In accordance with the Federal Advisory Committee Act, the Fish and Wildlife Service announces a meeting designed to foster partnerships to enhance public awareness of the importance of aquatic resources and the social and economic benefits of recreational fishing and boating in the United States. This meeting, sponsored by the Sport Fishing and Boating Partnership Council (Council), is open to the public, and interested persons may make oral statements to the Council or may file written statements for consideration.

We, the Fish and Wildlife Service (Service), are soliciting project proposals for Federal assistance under the Tribal Landowner Incentive Program (TLIP). The Department of the Interior and Related Agencies Appropriations Act for Fiscal Year (FY) 2006 allocated $23,886,000 (subject to potential rescission to meet other important national priorities) from the Land and Water Conservation Fund for conservation grants to States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Tribes under a Landowner Incentive Program. The Service has targeted $2,388,600 for TLIP.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Fender's blue butterfly (Icaricia icarioides fenderi), and two plants, Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette daisy) pursuant to the Endangered Species Act of 1973, as amended (Act). We are proposing to designate 3,089 acres (ac) (1,250 hectares (ha) as critical habitat for Fender's blue butterfly, 724 ac (293 ha) as critical habitat for L. sulphureus ssp. kincaidii, and 718 ac (291 ha) as critical habitat for E. decumbens var. decumbens. The proposed critical habitat is located in Polk, Benton, Yamhill, Lane, Marion, Linn, and Douglas Counties, Oregon, and Lewis County, Washington.

The U.S. Fish and Wildlife Service is preparing a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Rappahannock River Valley National Wildlife Refuge (NWR). This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary for preparing the CCP and EA 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. The Service is furnishing this notice in compliance with Service planning policy, to (1) advise other Federal and State agencies and the public of our intention to conduct detailed planning on this refuge; and, (2) obtain suggestions and information on the scope of issues to include in the environmental document. The Service will involve the public through open houses, informational and technical meetings, and written comments. Special mailings, newspaper articles, and announcements will provide information about opportunities for public involvement in the planning process.