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

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

Between April 21, 2004, and May 31, 2005, the Pacific Region and California/Nevada Operations Office of the Fish and Wildlife Service (encompassing Oregon, Washington, Idaho, Hawaii, California, and Nevada) issued 14 permits in response to applications for incidental take of threatened and endangered species, pursuant to sections 10(a)(1)(B) and 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). Copies of the permits and associated decision documents are available upon request.

We, the U.S. Fish and Wildlife Service, announce the initiation of 5-year reviews of 31 listed species in Table 1 below, under section 4(c)(2)(A) of the Endangered Species Act (Act). 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.

Colorado Division of Wildlife (CDOW) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit for the Gunnison Sage-Grouse (Centrocercus minimus) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed Candidate Conservation Agreement with Assurances (Agreement) between the CDOW and the Service. The Agreement, the permit application, and the Environmental Assessment are available for public comment. The purpose of the Agreement is for the CDOW and the Service to implement conservation measures for the Gunnison sage-grouse in 15 counties in southwestern Colorado. The effort is in support of the CDOW's ongoing efforts to enhance the abundance and distribution of the Gunnison sage-grouse throughout its historic range in Colorado. The conservation measures would be implemented by the CDOW and by participating landowners. The selected conservation measures would primarily come from the Gunnison Sage-Grouse Rangewide Conservation Plan, which was completed in April 2005 by numerous cooperating agencies and nongovernmental organizations. Consistent with the Service's Candidate Conservation Agreement with Assurances Final Policy (64 FR 32726, June 17,1999), the Agreement is intended to facilitate the conservation of Gunnison sage-grouse by giving the State of Colorado and cooperating private landowners incentives to implement conservation measures. Participating Landowners would receive regulatory certainty concerning land use restrictions that might otherwise apply should the Gunnison sage-grouse become listed under the ESA. Participating Landowners with eligible property in southwestern Colorado could sign up under the Agreement and the associated permit through a Certificate of Inclusion. The proposed term of the Agreement and the permit is 20 years. The Service has prepared an Environmental Assessment for approval of the Agreement and issuance of the permit. 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, Agreement, and Environmental Assessment. All comments we receive, including names and addresses, will become part of the administrative record and may be released to the public.

We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a 5-year review of 33 species listed in Table 1 below, under section 4(c)(2)(B) of the Endangered Species Act (Act). 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 consistent with 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 33 species. Based on the results of these 5-year reviews, we will consider whether the status of the species should be changed, pursuant to section 4(c)(2)(B) of the Act. BILLING CODE 4310-55-P [GRAPHIC] [TIFF OMITTED] TN06JY05.001

The following permits were issued.

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

The U.S. Fish and Wildlife Service (Service) announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Turnbull National Wildlife Refuge (Refuge) is available for review and comment. This Draft CCP/EA, prepared pursuant to the National Wildlife Refuge System Administration Act, as amended, and the National Environmental Policy Act of 1969, describes the Service's proposal for managing the Refuge for the next 15 years. Proposed changes to Refuge management include: adding an elk hunting program; adding a youth waterfowl hunt; establishing a land conservation program with potential Refuge expansion; and expanding the interpretive, environmental education, wildlife viewing, and wildlife photography facilities and programs. The draft compatibility determinations for several different public uses are also available for review with the Draft CCP/EA.

The U.S. Fish and Wildlife Service (Service) is issuing this notice to advise the public that it intends to gather the information necessary to prepare an Environmental Impact Statement/Habitat Conservation Plan (EIS/HCP) regarding an application from the Indiana Department of Natural Resources (INDNR), Division of Forestry (DoF), Indianapolis, Indiana for an incidental take permit for two covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The permit would allow the incidental take primarily of the Indiana bat (Myotis sodalis), but also the gray bat (Myotis grisescens), on State Forests and O'Bannon Woods State Park in the State of Indiana. This notice describes the conservation plan (proposed action) and possible alternatives, invites public participation in the scoping process for preparing the EIS/HCP, and identifies the Service official to whom questions and comments concerning the proposed action may be directed.

The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Detroit River IWR, Michigan. 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.

This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2005-06 regulatory year. The rulemaking is necessary because the regulations governing the subsistence harvest of wildlife in Alaska are subject to an annual public review cycle. This rulemaking replaces the wildlife regulations that expire on June 30, 2005. This rule also amends the regulations that establish which Alaska residents are eligible to take specific species for subsistence uses.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the Key deer (Odocoileus virginianus clavium), St. Andrew beach mouse (Peromyscus polionotus peninsularis), Florida panther (Puma (=Felis) concolor coryi), Cape Sable seaside sparrow (Ammodramus maritimus mirabilis), Okaloosa darter (Etheostoma okaloosae), beach jacquemontia (Jacquemontia reclinata), deltoid spurge (Chamaesysce deltoidea ssp. deltoidea), fringed campion (Silene polypetala), Small's milkpea (Galactia smallii), and tiny polygala (Polygala smallii) 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.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the California spotted owl (Strix occidentalis occidentalis) as threatened or endangered, under the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). We find that the petition presents substantial scientific or commercial information indicating that listing the species may be warranted. Therefore, we are initiating a status review of the species to determine if listing the species is warranted. To ensure that the review is comprehensive, we are soliciting scientific and commercial information regarding this species.

The U.S. Fish and Wildlife Service (Service) announces that the Draft Comprehensive Conservation Plan and Environmental Assessment (CCP/EA) for the Sand Lake National Wildlife Refuge (Refuge) is available for public review and comment. This Draft CCP/EA was prepared pursuant to the National Wildlife Refuge System Administration Act, as amended, and the National Environmental Policy Act (NEPA). The Draft CCP/EA describes the Service's proposal for management of the Refuge for 15 years.

In response to an application from the Nevada Department of Wildlife (Applicant), the Fish and Wildlife Service (we, the Service) is considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of the federally threatened Lahontan cutthroat trout (Oncorhynchus clarki henshawi) within the Northwest Distinct Population Segment. The proposed duration of both the SHA and permit is 30 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement, which also is available for public review.

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

Southern Multicapital Corporation (Applicant) requests an incidental take permit (ITP) 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. The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the project to the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We announce the availability of the ITP application, HCP, and a draft 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 regulations (40 CFR 1506.6).

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for the Northern Mississippi National Wildlife Refuge Complex are available for review and comment. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a comprehensive conservation plan for each national wildlife refuge. The purpose in developing a comprehensive conservation plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, 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. Significant issues addressed in the draft plan include: threatened and endangered species; waterfowl management; neotropical migratory birds; bottomland hardwood restoration; agriculture; visitor services (e.g., hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation); funding and staffing; cultural resources; land acquisition; and forest fragmentation.

We, the U.S. Fish and Wildlife Service, announce the availability of the Post-delisting Monitoring Plan for the Tinian Monarch (Monarcha takatsukasae) (Monitoring Plan). The status of the Tinian monarch will be monitored over a 5-year period from 2006 to 2010, through regular field surveys of the distribution and abundance of the Tinian monarch, regular field surveys for the brown treesnake (Boiga irregularis) on Tinian, and tracking of land use and development on Tinian.

We are publishing additional information pertaining to a recent Federal Register document that opened a comment period on a proposed and final rule to designate critical habitat for the Klamath River and Columbia River populations of bull trout. This information provides clarification to that document. We hope that this additional information will benefit the public in understanding our actions in regard to the bull trout critical habitat designation.

The public is invited to comment on the following applications to conduct certain activities with endangered species and 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) is preparing a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Farallon National Wildlife Refuge (Refuge) located in San Francisco County, California. This notice advises the public that the Service intends to gather information necessary to prepare a CCP and EA pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended, and the National Environmental Policy Act (NEPA). The public and other agencies are encouraged to participate in the planning process by sending written comments on management actions that the Service should consider. The Service is also furnishing this notice in compliance with the Service CCP policy to obtain suggestions and information on the scope of issues to include in the CCP and EA. Opportunities for public input will be announced throughout the CCP/EA planning and development process.

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

We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period on the proposed and final designation of critical habitat for the Klamath River and Columbia River populations of bull trout (Salvelinus confluentus). Due to court action, we have determined that it would be appropriate to reevaluate the exclusions made in the final critical habitat rule. We are opening this comment period to allow all interested parties to comment simultaneously on the November 29, 2002, proposed rule (67 FR 71235) and the October 6, 2004, final rule (69 FR 59996). Copies of the proposed and final rules, as well as the economic analysis for the critical habitat designation, are available on the Internet at https:// pacific.fws.gov/bulltrout or from the Portland Regional Office at the address and contact numbers below.