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

We, the U.S. Fish and Wildlife Service (USFWS), announce a 90- day finding for two petitions(1) the first that sought removal of the gray wolf from the designation of endangered under the Endangered Species Act of 1973, as amended (ESA); and (2) the second that requested to establish the northern Rocky Mountain Distinct Population Segment (Rocky Mountain DPS) of gray wolf (Canis lupus) and to remove the gray wolf in the northern Rocky Mountain DPS from the Federal list of threatened and endangered species, pursuant to the ESA. Although only one of these petitions presented substantial information, we have considered the collective weight of evidence indicating that the northern Rocky Mountain population of gray wolves may qualify as a DPS and that delisting may be warranted. We are initiating a status review to determine if delisting the species is warranted. To ensure that the review is comprehensive, we are soliciting information and data regarding this species.

This notice advises the public that the owners of the Burrows Ranch and Big Bluff Ranch (Applicants) have applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the Applicants and the Service for the threatened California red-legged frog (CRLF, Rana aurora draytonii) and the valley elderberry longhorn beetle (VELB, Desmocerus californicus dimorphus). The Agreement and permit application are available for public comment.

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare, in coordination with the Kern County Waste Management Department (KCWMD), a joint Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on the Amendment to the Kern County Waste Facilities Habitat Conservation Plan and permit number 830963 (Amendment 1). Amendment 1 is being prepared under Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended, (ESA). Amendment 1 addresses potential take of threatened and endangered species at Kern County waste facilities due to the proposed expansion of the permit area, new covered activities, and an increase in the number of species covered by Permit 830963. The term of Permit 830963 shall remain at 50 years, expiring in 2047. KCWMD intends to request an ESA permit amendment for 5 species federally listed as threatened or endangered and 14 unlisted species that may become listed during the term of the permit. The Service provides this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS/EIR; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIS/EIR. Written comments will be accepted at the public meeting. In addition, you may submit written comments by mail or facsimile transmission.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the southwestern willow flycatcher (Empidonax traillii extimus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 48,896 hectares (ha) (120,824 acres (ac)) or 1,186 kilometers (km) (737 miles (mi)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Apache, Cochise, Gila, Graham, Greenlee, Maricopa, Mohave, Pinal, Pima, and Yavapai counties in Arizona (AZ), Kern, Santa Barbara, San Bernardino, and San Diego counties in southern California (CA), Clark County in southeastern Nevada (NV), Grant, Hidalgo, Mora, Rio Arriba, Soccoro, Taos, and Valencia counties in New Mexico (NM), and Washington County in Southwestern Utah (UT).

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Alameda whipsnake (Masticophis lateralis euryxanthus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 203,342 acres (ac) (82,289 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Contra Costa, Alameda, San Joaquin, and Santa Clara counties, California.

The Fish and Wildlife Service (Service) is preparing a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) document for Prime Hook National Wildlife Refuge (NWR). 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. 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; and 2. Obtain suggestions and information on the scope of issues to include in the environmental documents. The Service will solicit information from the public via open houses, meetings, and written comments. Special mailings, newspaper articles, refuge Web site postings, and announcements will provide information regarding opportunities for public involvement in the planning process. The first public meetings are scheduled for the week of November 7, 2005.

The U.S. Fish and Wildlife Service (we or us) proposes changes in the regulations governing captive propagation of raptors in the United States. We propose reorganization of the current regulations, and we have added or changed some provisions therein. The changes will make it easier to understand the requirements for raptor propagation and the procedures for obtaining a propagation permit.

Southern Multicapital Corporation (Applicant) requests an incidental take permit (ITP) for a duration of ten 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 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. This ITP application was previously announced in the Federal Register on June 14, 2005. On July 29, 2005, the Applicant withdrew the Habitat Conservation Plan (HCP) that was part of the application, in order to make modifications. The Service suspended processing the application pending receipt of a modified HCP. The Applicant submitted the current HCP on August 1, 2005. The Applicant's HCP describes the mitigation and minimization measures proposed to address the effects of the proposed project on the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We announce the availability of the ITP application, HCP, and an 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 (NEPA) regulations (40 CFR 1506.6).

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: History of restoration efforts on the Trinity River; Introduction to the Trinity River Restoration Program (TRRP); TAMWG priorities, procedures, organization, operations and interaction with other TRRP entities; and status of wildlife in TRRP policy and budget. 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.

The U.S. Fish and Wildlife Service (Service) announces that the Draft Comprehensive Conservation Plan and Environmental Assessment is available for the Hagerman National Wildlife Refuge, Sherman, Texas. We prepared this CCP 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. 668dd et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370d), and we describe how the Service intends to manage this Refuge over the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Arkansas River Basin population of the Arkansas River shiner (Notropis girardi) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 856 kilometers (532 miles) of linear distance of rivers, including 91.4 meters (300 feet) of adjacent riparian areas measured laterally from each bank are included within the boundaries of the critical habitat designation. The areas that we have determined to possess the features that are essential to the conservation of the Arkansas River shiner include portions of the Canadian River (often referred to as the South Canadian River) in New Mexico, Texas, and Oklahoma, the Beaver/North Canadian River in Oklahoma, and the Cimarron River in Kansas and Oklahoma, and the Arkansas River in Kansas. As presented in the proposed rule, we have excluded from this designation all previously designated critical habitat in the Beaver/North Canadian River in Oklahoma and the Arkansas River in Kansas under authority of section 4(b)(2) of the Act. In addition, we have excluded all previously proposed critical habitat in Unit 1a of the Canadian River in New Mexico and Texas and a portion of Unit 1b in Texas and Oklahoma under authority of section 4(b)(2) of the Act.

The following applicants have applied for a survival enhancement 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 the public, and from local, State, and Federal agencies on the following permit requests.

The following permits were issued.

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

This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to prepare a Supplement to the Draft Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA) and its implementing regulations, for the Upper Mississippi River National Wildlife and Fish Refuge (Refuge) located in Illinois, Iowa, Minnesota, and Wisconsin. The Refuge has decided to draft a new preferred alternative (Alternative E) in the form of a Supplement to the Draft CCP and EIS. All current alternatives in the Draft CCP and EIS (Alternatives A through D) will remain and will be considered in preparing the Final CCP and EIS. The Service is furnishing 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 of 1969, to advise other agencies and the public of our intentions.

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 Brodiaea filifolia, 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.

The following permits were issued.

The following permits were issued.

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

In response to an application from Kaheawa Wind Power, LLC (applicant), the Fish and Wildlife Service (Service) is considering issuing an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA). In response to this application, we are making it available for public review and comment. If approved, the permit would authorize take of species listed under the ESA incidental to otherwise lawful activities associated with the proposed Kaheawa Pastures Wind Energy Generation Facility.

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.