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

The U.S. Fish and Wildlife Service (Service) announces that the Record of Decision (ROD) for the Final Comprehensive Conservation Plan and Environmental Impact Statement (Final CCP/EIS) for the Rocky Flats National Wildlife Refuge (Refuge) is available. This Final CCP/ EIS was prepared pursuant to the National Wildlife Refuge System Administration Act, as amended, and the National Environmental Policy Act (NEPA). The Final CCP/EIS describes the Service's proposal for management of the Refuge for 15 years, beginning at Refuge establishment, which is anticipated to occur sometime between 2006 and 2008. Four alternatives for management of the Refuge were considered in the CCP/EIS and are described in the ROD. The Service adopted and plans to implement Alternative BWildlife, Habitat, and Public Use.

The following permits were issued.

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

In accordance with the Marine Mammal Protection Act of 1972 (MMPA) as amended, notice is hereby given that Letters of Authorization to take polar bears incidental to oil and gas industry exploration activities in the Beaufort Sea and adjacent northern coast of Alaska have been issued.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the federally endangered Riverside fairy shrimp (Streptocephalus woottoni) pursuant to the Endangered Species Act of 1973, as amended (Act). The critical habitat designation encompasses approximately 306 acres (ac) (124 hectares (ha)) of land within Ventura, Orange, and San Diego counties, California.

We, the U.S. Fish and Wildlife Service (Service), in cooperation with the States of Tennessee and Alabama and with Conservation Fisheries, Inc., a nonprofit organization, plan to reintroduce one federally listed endangered fish, the boulder darter (Etheostoma wapiti), and one federally listed threatened fish, the spotfin chub (Cyprinella (=Hybopsis) monacha), into their historical habitat in Shoal Creek (a tributary to the Tennessee River), Lauderdale County, Alabama, and Lawrence County, Tennessee. Based on the evaluation of species' experts, these species currently do not exist in this reach or its tributaries. These two fish are being reintroduced under section 10(j) of the Endangered Species Act of 1973, as amended (Act), and would be classified as a nonessential experimental population (NEP). The geographic boundaries of the NEP would extend from the mouth of Long Branch, Lawrence County, Tennessee (Shoal Creek mile (CM) 41.7 (66.7 kilometers (km)), downstream to the backwaters of the Wilson Reservoir at Goose Shoals, Lauderdale County, Alabama (approximately CM 14 (22 km)), and would include the lower 5 CM (8 km) of all tributaries that enter this reach. These reintroductions are recovery actions and are part of a series of reintroductions and other recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the species' historical ranges. This rule provides a plan for establishing the NEP and provides for limited allowable legal taking of the boulder darter and spotfin chub within the defined NEP area. In addition, we are changing the scientific name for spotfin chub, from Cyprinella (=Hybopsis) monacha to Erimonax monachus, to reflect a recent change in the scientific literature, and adding a map to the regulation for a previously created NEP including one of these fishes for the purposes of clarity.

We, the U.S. Fish and Wildlife Service (Service), are designating no critical habitat pursuant to the Endangered Species Act of 1973, as amended (Act), for Astragalus jaegerianus (Lane Mountain milk-vetch). In our April 6, 2004 proposed rule, we identified 29,522 acres (ac) (11,947 hectares (ha)) of habitat essential for the conservation of A. jaegerianus located in the Mojave Desert in San Bernardino County, California. However, as a result of our evaluation of the relationship of essential habitat to sections 3(5)(A), 4(a)(3), and 4(b)(2) of the Act, we designate a total of zero acres (0 ac) (zero hectares (0 ha)).

The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2005-06 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2005-06 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2006 spring/summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide hunting opportunities for recreation and sustenance, aid Federal, State, and tribal governments in the management of migratory game birds, and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

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

The number of mid-continent light geese (MCLG) has increased exponentially over the past several decades in prairie Canada and the midwestern United States, primarily due to (1) the expansion of agriculture and concurrent increase in food supply, (2) a decline in adult mortality, and (3) an increase in winter survival. These rapidly expanding populations have placed unprecedented pressure on arctic and subarctic breeding habitats. Prior to implementation of the conservation order, we (Fish and Wildlife Service) attempted to curb the growth rate of MCLG populations by liberalizing bag limits and increasing the light goose hunting season to 107 days, the maximum allowed by the Migratory Bird Treaty Act, as amended. Although these changes resulted in increased harvest, the harvest rate (percent of population harvested) continued to decline as populations grew exponentially. Clearly, traditional wildlife management strategies were not working. Therefore, we created the conservation order, which authorizes States and tribes to implement population control measures without having to obtain a permit, thus significantly reducing their administrative burden. The States and tribes may conduct a population reduction program under the authority of the conservation order within the conditions provided by the Service. We have submitted the collection of information pertaining to the conservation order (described below) to OMB for approval under the provisions of the Paperwork Reduction Act of 1995.

The following applicants have 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 the public, and from local, State and Federal agencies on the following permit requests.

We, the Fish and Wildlife Service (Service), give notice that we are reopening the comment period on the proposed rule to add blue- fronted amazon parrots (Amazona aestiva) from Argentina's sustainable- use management plan to the approved list of non-captive-bred (wild- caught) species under the Wild Bird Conservation Act of 1992 (WBCA). We are reopening the public comment period to enter into the record Dr. Jorge Rabinovich's 2004 study, ``Modeling the Sustainable Use of the Blue-Fronted Parrot (Amazona aestiva) in the Dry Chaco Region of Argentina,'' and to accept comments related to the relationship of this study to the proposed addition of blue-fronted amazon parrots from Argentina's program to the approved list of non-captive-bred (wild- caught) species under the WBCA. We invite all interested parties to submit comments on this study as it relates to the proposed action. Comments previously submitted on this proposed action need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to prepare a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) pursuant to the National Environmental Policy Act and its implementing regulations, for the Long Island National Wildlife Refuge (NWR) Complex refuges located in the State of New York. The Long Island NWR Complex is a diverse group of eight refuges totaling over 6,200 acres, and contains most of the habitat types found on Long Island which are important to migratory birds and other wildlife. These refuges include Amagansett, Conscience Point, Lido Beach, Morton, Oyster Bay, Seatuck, Target Rock, and Wertheim NWRs. The refuges are in Suffolk and Nassau Counties, New York. This notice also advises the public that the Service is withdrawing a previous notice, published on May 30, 2000, stating that an Environmental Impact Statement (EIS) would be developed for the refuge complex. Comments already received under the previous notice will be considered during preparation of the subject CCP/EA. 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.): (1) To advise other agencies and the public of our intentions, and (2) to obtain suggestions and information on the scope of issues to include in the environmental documents.

We, the U.S. Fish and Wildlife Service (Service), announce corrections to the final rule designating critical habitat for the Topeka shiner (Notropis topeka), published in the Federal Register on July 27, 2004. In the final rule, the map legends incorrectly referred to stream segments as ``proposed'' critical habitat rather than ``designated'' critical habitat, and six transcription errors were included in legal descriptions of critical habitat from Unit 1 (Iowa) and Unit 4 (Minnesota). This document corrects these errors.

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the American crocodile (Crocodylus acutus) distinct vertebrate population segment (DPS) in Florida from its present endangered status to threatened status under the authority of the Endangered Species Act of 1973, as amended (Act). We believe that the endangered designation no longer correctly reflects the current status of this taxon within this DPS due to a substantial improvement in the species' status. Since its listing in 1975, the American crocodile population in Florida has more than doubled, and its distribution has expanded. Land acquisition has also provided protection for many important nesting areas. We have determined that the American crocodile in its range in Florida meets the criteria of a DPS as stated in our policy of February 17, 1996. If this proposal is finalized, the American crocodile DPS in Florida will continue to be federally protected as a threatened species. The American crocodile throughout the remainder of its range as described in our December 18, 1979, final rule would remain endangered. Because a status review is also required for the 5-year review of listed species under section 4(c)(2)(A) of the Act, we are electing to prepare these reviews simultaneously. We are seeking data and comments from the public on this proposal.

The U.S. Fish and Wildlife Service (Department of the Interior), the California Department of Fish and Game, and the California State Lands Commission are joint trustees (Trustees) for natural resources and are authorized to assess injuries to Federal and State resources caused by the MV Kure Oil Spill and to plan and implement restoration actions to address those injuries. The Trustees announce their intent to conduct restoration planning for the MV Kure Oil Spill. The purpose of this restoration planning effort is to complete an assessment of the natural resource injuries and damages caused by the oil spill, and to prepare a plan for the restoration of the injured resources.

We are publishing a final list of the nonnative bird species that have been introduced by humans into the United States or its territories and to which the Migratory Bird Treaty Act (MBTA) does not apply. This action is required by the Migratory Bird Treaty Reform Act (MBTRA) of 2004. The MBTRA amends the MBTA by stating that it applies only to migratory bird species that are native to the United States or its territories, and that a native migratory bird is one that is present as a result of natural biological or ecological processes. This notice identifies those species that are not protected by the MBTA, even though they belong to biological families referred to in treaties that the MBTA implements, as their presence in the United States and its territories is solely the result of intentional or unintentional human-assisted introductions.

The following permit was issued.

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: Introduction of new members; Trinity River Restoration Program orientation; TAMWG priorities and operations; 2005 Trinity River flow schedule, and Restoration Program 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.

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

This notice announces a meeting of the Detection and Monitoring Committee of the Aquatic Nuisance Species Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION.

The U.S. Fish and Wildlife Service announces that the Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Agassiz NWR, Minnesota. 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. Goals and objectives in the CCP describe how the agency 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.

We, the Fish and Wildlife Service (Service), confirm the non- economic exclusions made to our previous final rule (August 6, 2003, 68 FR 46683, effective September 5, 2003), which designated critical habitat pursuant to the Endangered Species Act of 1973, as amended (Act), for 4 vernal pool crustaceans and 11 vernal pool plants. A total of approximately 1,184,513 ac (479,356 ha) of land falls within the boundaries of designated critical habitat. This estimate reflects exclusion of: Lands within the boundaries of Habitat Conservation Plans, National Wildlife Refuge lands and National fish hatchery lands (33,097 ac (13,394 ha)), State lands within ecological reserves and wildlife management areas (20,933 ac (8,471 ha)), Department of Defense lands within Beale and Travis Air Force Bases as well as Fort Hunter Liggett and Camp Roberts Army installations (64,259 ac (26,005 ha)), Tribal lands managed by the Mechoopda Tribe (644 ac (261 ha)), and the Santa Rosa Plateau Ecological Reserve (10,200 ac (4,128 ha)) from the final designation. The area estimate does not reflect the exclusion of lands within the California counties of Butte, Madera, Merced, Sacramento, and Solano, which are excluded from the final designation pursuant to section 4(b)(2) of the Act and pending further analysis as directed by the October 29, 2004, order by the court. This critical habitat designation requires us to consult under section 7 of the Act with regard to actions authorized, funded, or carried out by a Federal agency. Section 4 of the Act requires us to consider economic and other relevant impacts when specifying any particular area as critical habitat. We solicited data and comments from the public on all aspects of the proposed rule, including data on economic and other impacts of the designation.

The following permits were issued.

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

We, the U.S. Fish and Wildlife Service (Service), are promulgating a special rule 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 threatened species permits normally required under 50 CFR 17.32. The beluga sturgeon's historical range includes 18 countries within the watersheds of the Caspian Sea, Black Sea, Sea of Azov, and the Adriatic Sea. The species is currently known to occur only in the Caspian and Black Seas and certain rivers connected to these basins. Of the 14 countries where the species still occurs, only 11 have significant beluga sturgeon habitat in the Caspian Sea, Black Sea or Danube River and consequently these countries take responsibility for cooperative management of the species (Azerbaijan, Bulgaria, Georgia, Islamic Republic of Iran, Kazakhstan, Romania, Russian Federation, Serbia and Montenegro, Turkey, Turkmenistan, and Ukraine; hereafter referred to as the ``littoral states''). Overharvest, severe habitat degradation, and other factors have led to the listing of beluga sturgeon as threatened throughout its range under the Act and in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In our final rule listing the beluga sturgeon as threatened, we delayed the effective date of the listing for 6 months to allow time for us to promulgate a special rule under Section 4(d) of the Act. The listing became effective on October 21, 2004, yet this 4(d) rule was not yet promulgated. Therefore, we promulgated a special interim rule on October 21, 2004, to continue to allow CITES-consistent trade in all beluga sturgeon and products until this 4(d) rule was finalized and effective. When this 4(d) rule becomes effective, it will repeal the special interim rule and the Act will prohibit all trade (import, export, re-export, and foreign and interstate commerce) in beluga sturgeon and beluga sturgeon products, except as provided in the special rule or with permits under the provisions of Section 10 of the Act. This special rule initially allows littoral states 6 months from the rule's effective date to submit a suite of reports and management measures to us for review. During this initial 6-month period, imports, re-exports, and exports of, and interstate and foreign commerce in, certain beluga sturgeon caviar and meat will continue without a requirement for threatened species permits. This is intended to provide the littoral states time to submit the required documents. Similarly, we will consider making programmatic permit exemptions for commercial aquaculture facilities outside the littoral states if they meet certain criteria for: (1) Enhancing the survival of populations of wild beluga sturgeon; and (2) not threatening native aquatic fauna in the country in which the facility is located. CITES documentation will still be required for any international movement of beluga sturgeon and beluga sturgeon products, except as they may qualify for an exemption as personal or household effects. After an initial 6 months of gathering information from the littoral states, these exemptions will occur only if the information provided fulfills certain requirements, as described below. In addition, all relevant provisions of CITES will continue to govern international trade in all beluga sturgeon products. We are allowing this conditional trade to promote the effective conservation of Huso huso in the littoral states, through demonstrable law enforcement and cooperative management activities. DATES: This rule is effective March 4, 2005. The reasons for this accelerated implementation, which replaces the standard 30-day time frame, are described below in the ``Background'' section. ADDRESSES: The complete file for this rule is available for inspection by appointment during normal business hours in the office of the Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 750, Arlington, Virginia 22203. Requests for copies of the regulations regarding listed wildlife and inquiries about prohibitions and permits may be addressed to: Division of Management Authority, Branch of PermitsInternational, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia 22203.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). The meeting is open to the public.

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 Catahoula National Wildlife Refuge, 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 so 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. 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 following applicants have 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 requests.

Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. I), this notice announces the cancellation of 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. The meeting was scheduled to be held March 1, 2005 at the Veteran's Memorial Hall, 101 Memorial Lane, Weaverville, CA 96001. This meeting will be rescheduled at a later date.

The Nature Conservancy (Applicant or TNC) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to Section 10(a)(1)(A) of the Endangered Species Act (Act). The Applicant has been assigned permit number TE-099809-0. The requested permit, which is for a period of 20 years, would authorize take of the endangered Gila topminnow (Poeciliopsis occidentalis occidentalis) and desert pupfish (Cyprinodon macularius) as a result of ongoing watershed improvement activities on TNC-owned property within the Aravaipa watershed identified in the application, Safe Harbor Agreement (TNC Agreement), and associated documents in Graham and Pinal counties, Arizona. Implementation of the TNC Agreement will reestablish Gila topminnow and desert pupfish in three south rim tributaries of Aravaipa Creek.

The U.S. Fish and Wildlife Service (Service) announces the availability for public review of the Devils River Minnow Draft Recovery Plan. The Devils River minnow (Dionda diaboli) is known to occur in streams in Kinney and Val Verde Counties, Texas, and Coahila, Mexico. The Service solicits review and comment from the public on this Draft Recovery Plan.

Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation), the Fish and Wildlife Service (FWS), and the California Department of Water Resources (DWR) intend to prepare an EIS/EIR for implementing the Long-Term Environmental Water Account (EWA). Reclamation and the FWS are the joint lead Federal agencies and NOAA Fisheries is a cooperating agency. DWR is the lead State agency and the Department of Fish and Game (DFG) is the responsible agency and trustee agency. A Draft EIS/EIR is expected to be available December 2005. The EWA has been established to provide water for the protection and recovery of fish beyond water available through existing regulatory actions related to the Central Valley Project/State Water Project (Project) operations. The EWA is a cooperative management program whose purpose is to provide protection to the fish of the Bay-Delta estuary through environmentally beneficial changes in project operations. This approach to fish protection requires the acquisition of alternative sources of Project water supply, called ``assets,'' which will be used to augment streamflows and Delta outflows, modify exports to provide fishery benefits, and repay the Project contractors whose supplies have been interrupted by actions taken to benefit fish. The period of analysis for the purposes of the EIS/EIR is through 2030.

Michigan Electric Transmission Company, LLC (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-year 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) associated with reconductoring a 4.07-mile segment of electric power transmission line within this right-of-way segment running from east-central Muskegon County into the southwest corner of Newaygo County, Michigan. A conservation program to mitigate for the project activities would be implemented as described in the proposed Cobb to Brickyard Reconductoring Low Effect Habitat Conservation Plan (proposed Plan), which would be implemented by the Applicant. 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.

On January 4, 2005, we, the U.S. Fish and Wildlife Service, published a final rule to designate critical habitat for the threatened Santa Ana sucker (Catostomus santaanae) pursuant to the Endangered Species Act of 1973, as amended. Because we made an error in use of amendatory language, one of the final rule's two regulatory amendments could not be properly reflected in the Code of Federal Regulations. This correction document rectifies that error.

The Service is requesting proposals at this time under the Landowner Incentive Program (LIP) for conservation grants to States, the District of Columbia, and the territories of Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, and American Samoa (all hereafter referred to collectively as States), and Tribes. The Service will address will address the Tribal component of LIP under a separate Federal Register notice.

Steven J. Therrien (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 taking 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 Brevard County, Florida (Project). The destruction of 0.24 acre of foraging, sheltering, and possibly nesting habitat is expected to 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 Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We have 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). We announce the availability of the HCP for the incidental take application. Copies of the HCP 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).

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft economic analysis for the proposed designation of critical habitat for the arroyo toad (Bufo californicus) under the Endangered Species Act of 1973, as amended (Act). We also announce that we have revised the methods for determining proposed essential and critical habitat areas for the arroyo toad. Additionally, we propose to exclude areas from the proposed designation from Units 1, 6, and 22 in Monterey, Los Angeles, and San Bernardino counties, under authority of section 4(b)(2) of the Act. Comments previously submitted on the proposed rule need not be resubmitted as they have been incorporated into the public record as a part of this reopening of the comment period, and will be fully considered in preparation of the final rule. Copies of the draft economic analysis and the proposed rule for critical habitat designation are available on the Internet at https:// ventura.fws.gov or from the Ventura Fish and Wildlife Office at the address and contact numbers below.

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

The U.S. Fish and Wildlife Service (Service, we) announces the availability of the Draft Recovery Plan for the Kaua`i Cave Arthropods: the Kaua`i Cave Wolf Spider (Adelocosa anops) and the Kaua`i Cave Amphipod (Spelaeorchestia koloana) for public review and comment.

The U.S. Fish and Wildlife Service (we or us) will pepare an updated draft environmental assessment of the activities of falconry and raptor propagation in the United States. We seek suggestions for issues and alternatives to consider when doing so.

The Arnaudo Brothers, Wathen-Castanos, and River East Holding Sites (Applicants) have applied to the Fish and Wildlife Service (Service) for incidental take permits pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The Service is considering issuing 10-year permits to the Applicants that would authorize take of the endangered San Joaquin kit fox (Vulpes macrotis mutica, ``kit fox'') incidental to otherwise lawful activities associated with the residential and commercial development of four sites in Merced County, California. The projects would result in the incidental take of kit fox on the project sites through permanent removal of 182 acres of habitat. Incidental take may also potentially occur during construction and ground disturbance activities, which may affect occupied dens and individual foxes. We request comments from the public on the permit applications and the Environmental Assessment, both of which are available for review. The permit applications include the proposed Habitat Conservation Plan (HCP) and associated Implementing Agreement. The HCP describes the proposed action and the measures that the Applicants will undertake to minimize and mitigate, to the maximum extent practicable, take of the kit fox.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare, in coordination with the Joint Water Agency (consisting of Helix Water District, Padre Dam Municipal Water District, Santa Fe Irrigation District, and the Sweetwater Authority) (hereafter collectively referred to as the Applicants), a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for a Natural Communities Conservation Program Subregional Plan (SRP) and three Subarea Plans (SAPs). The combination of the Joint Water Agency SRP and individual SAPs would serve as a multiple species Habitat Conservation Plan under Section 10(a)(1)(B) of the Federal Endangered Species Act, as amended in 1982 (ESA). 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 and alternatives to be included in the EIS/EIR.

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) 2005 allocated $ 21,694,365 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 $2,126,048 for TLIP.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare Comprehensive Conservation Plans (CCP) and Environmental Assessments (EA) for the following National Wildlife Refuges: Rice Lake NWR in Aitkin and Pine Counties, Minnesota and Mille Lacs NWR in Mille Lacs County, Minnesota, which are managed by Rice Lake NWR staff, and Horicon NWR in Dodge and Fond du Lac Counties, Wisconsin and Fox River NWR in Marquette County, Wisconsin, which are managed by Horicon NWR staff. The CCPs will describe how we intend to manage the refuges for the next 15 years. 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 (NEPA). Open house style meetings and possibly focus group meetings and workshops will be held during the scoping phase of the CCP development process to obtain additional suggestions and information on the scope of alternatives and impacts to be considered. In addition, the Service is inviting comments on archeological, historic, and traditional cultural sites in accordance with the National Historic Preservation Act. Cultural resource overview studies will be conducted to identify known historic and cultural sites on the refuges. Special mailings, newspaper articles, Internet postings, and other media announcements will inform people of the opportunities for written comments.

We the U.S. Fish and Wildlife Service (Service) announce a 12- month finding on a petition to delist the Preble's meadow jumping mouse (Preble's) (Zapus hudsonius preblei) under the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). After reviewing the best scientific and commercial information available, we find that the petitioned action is warranted and propose to delist or remove Preble's from the List of Endangered and Threatened Wildlife. We propose this action based on a review of all available data, which indicate that Preble's is not a discrete taxonomic entity, does not meet the definition of a subspecies, and was listed in error. Before this proposed action is finalized, the Service will conduct a status review and evaluate threats to the combined Z. h. campestris entity in all or a significant portion of its range. We will also analyze whether the Preble's portion of Z. h. campestris qualifies as a Distinct Population Segment in need of protection. We seek comments from the public regarding this proposal.

We, the U.S. Fish and Wildlife Service (FWS), announce a 90- day administrative finding on a petition to list the Gentry indigo bush (Dalea tentaculoides) under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial information indicating that listing the Gentry indigo bush may be warranted. Therefore, we are initiating a status review to determine if listing the species is warranted. To ensure that the review is comprehensive, we are soliciting information and data regarding this species.

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

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: Introduce new members; historical overview; program orientation; how to make TAMWG more effective; TAMWG organization, operations, and effectiveness; and election of officers. The agenda items are approximate and are 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 (Service), announce a 90-day finding on a petition to list a karst meshweaver (spider), Cicurina cueva (no common name), under the Endangered Species Act of 1973, as amended (Act) with critical habitat. We find that the petition presented substantial scientific and commercial data indicating that listing Cicurina cueva may be warranted. Therefore, we are initiating a status review to determine if listing the species is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Salt Creek tiger beetle (Cicindela nevadica lincolniana) as endangered under the authority of the Endangered Species Act of 1973, as amended (Act). The Salt Creek tiger beetle, a member of the family Cicindelidae, is endemic to the saline wetlands of eastern Nebraska and associated streams in the northern third of Lancaster County and southern margin of Saunders County in Nebraska, where it is found in barren salt flat and saline stream edge habitats. Of six known populations in 1991, three are now extirpated and the remaining three are small and highly threatened by further habitat destruction, degradation, and fragmentation. These three small populations of Salt Creek tiger beetles are vulnerable to local extirpations from random natural events and human-induced activities. This proposal, if made final, would extend Federal protection and recovery provisions of the Act to the Salt Creek tiger beetle.

The U.S. Fish and Wildlife Service (Service) announces the availability for public review of the Draft Barton Springs Salamander Recovery Plan (Draft Recovery Plan). The Barton Springs salamander (Eurycea sosorum) is known to occur near four springs outlets that collectively make up Barton Springs in Austin, Texas. The Service solicits review and comment from the public on this Draft Recovery Plan. The Service also announces a 5-year status review of the Barton Springs salamander under section 4(c)(2)(A) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et seq.). The purpose of reviews conducted under this section of the Act is to ensure that the classification of the species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (List) is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review. Therefore, we are requesting submission of any such information on the Barton Springs salamander that has become available since its original listing as an endangered species in 1997. If the present classification of this species is not consistent with the best scientific and commercial information available, the Service will recommend whether or not a change is warranted in the Federal classification of Barton Springs salamander. Any change in Federal classification would require a separate rule- making process.

On May 22, 2001, the Fish and Wildlife Service (Service) adopted special regulations governing take of the threatened Preble's meadow jumping mouse (Zapus hudsonius preblei). On October 1, 2002, the Service amended those regulations to provide exemptions for certain activities related to noxious weed control and ongoing ditch maintenance activities. These regulations were set to expire on May 22, 2004. On May 20, 2004, the Service published a final rule to extend these special regulations permanently. However, in spite of this final rule, the special regulations were removed from the CFR. This removal was done in error. With this final rule, we reinstate the regulatory text at Sec. 17.40(l) as it was set forth in the May 20, 2004, final rule.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) (referred to here as the shrew) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 84 acres (ac) (34 hectares (ha)) occur within the boundaries of the critical habitat designation. The critical habitat is located in the Central Valley floor of Kern County, California.

The following applicants have 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 the public, and from local, State and Federal agencies on the following permit request.

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

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

The U.S. Fish and Wildlife Service (Service) announces that the Final Environmental Impact Statement (Final EIS) for Caspian Tern (Sterna caspia) Management to Reduce Predation of Juvenile Salmonids in the Columbia River Estuary is available for review and comment. This Final EIS was prepared pursuant to the National Environmental Policy Act of 1969, as amended (NEPA) with the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries Service (NOAA Fisheries) as cooperating agencies. This Final EIS describes the three Federal Agencies' proposal for the redistribution of the Caspian tern colony from East Sand Island, Columbia River estuary to various sites located throughout the Pacific Coast/Western region. The purposes of the proposed action are to reduce tern predation on juvenile Columbia River salmonids and eliminate the vulnerability of the regional tern population associated with having the majority of the population (70 percent) breeding in one location.

This notice advises the public that Westlake Ranch LLC and Randy and Tasha Curs (Applicants) have applied to the Fish and Wildlife Service (Service) for an incidental take permit (ITP), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested 50-year permit would authorize the incidental take of the threatened Oregon silverspot butterfly (Speyeria zerene hippolyta, ``butterfly''), associated with the construction and residential development of 75 lots on approximately 165 acres, five miles north of the city of Gearhart, in Clatsop County, Oregon. We are requesting comments on the permit application and on whether the proposed Habitat Conservation Plan (HCP) qualifies as a ``low effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft Environmental Action Statement (EAS), which is also available for public review.

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

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 U.S. Fish and Wildlife Service (Service) announces the availability for public review of the draft revised Recovery Plan for the Whooping Crane (Grus americana). The whooping crane is found in the United States east of the Rocky Mountains and in central Canada. The Service solicits review and comment from the public on this draft revised Recovery Plan.

The following applicants have 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 requests.

The U.S. Fish and Wildlife Service (Service) announces that the final Comprehensive Conservation Plans (CCP) are available for the Assabet River, Great Meadows, and Oxbow National Wildlife Refuges (NWR). These CCPs were prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife System Improvement Act of 1997 (16 U.S.C. 6688dd et seq.), and the National Environmental Policy Act of 1969. The CCPs describe how the Service intends to manage the refuges over the next 15 years.

The following applicants have 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 (Awe'') 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 proposed rule would establish regulations for fishing seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2006-07 regulatory year. The rulemaking is necessary because subpart D is subject to an annual public review cycle. When final, this rulemaking would replace the fish and shellfish taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart D: 2005-06 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on March 31, 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 fish and shellfish.

We, the U.S. Fish and Wildlife Service (Service) establish a rule for the nonessential experimental populations (NEPs) of the Western Distinct Population Segment (DPS) of the gray wolf (Canis lupus), so that in States and on Tribal reservations with Service- approved wolf management plans, we can better address the concerns of affected landowners and the impacts of a biologically recovered wolf population. In addition, States and Tribes with Service accepted wolf management plans can petition the Service for lead management authority for experimental wolves consistent with this rule. Within the Yellowstone and central Idaho experimental population areas, only the States of Idaho and Montana currently have approved management plans for gray wolves. The State of Wyoming has prepared a wolf management plan that was not approved by the Service. No Tribes have approved management plans. Therefore, at this point in time these regulatory changes only affect wolf management within the experimental population areas in Montana and Idaho. As we discussed in our advance notice of proposed rulemaking regarding delisting the Western DPS of the gray wolf (68 FR 15879; April 1, 2003), once Wyoming has an approved wolf management plan, we intend to propose removing the gray wolf in the Western DPS from the List of Endangered and Threatened Wildlife. This rule does not affect gray wolves in the Eastern DPS, the Southwestern DPS, or the non-experimental wolves in the Western DPS.

Notice is hereby given that Region 6 of the U.S. Fish and Wildlife Service (Service) has issued the following recovery permits for endangered species, between May 1, 2004, and December 31, 2004. We also announce our intention to issue recovery permits to conduct certain activities pertaining to scientific research and enhancement of survival of endangered species.

The Fish and Wildlife Service (We) plan to submit to OMB a request to renew the collection of information described below. The Endangered Species Act requires that all species that are recovered and removed from the List of Endangered and Threatened Wildlife (delisted) be monitored. We will use the information that we collect under OMB Control No. 1018-0101 to determine if the American peregrine falcon remains recovered.