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

We (Fish and Wildlife Service) have submitted to OMB a request to renew approval for information collection associated with FWS Form 3-2197a (State Certification of Expenditures). We will use the information that we collect to determine if the States properly expended the funds they received under the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.). As used in this notice, the term ``States'' includes the 50 States, Commonwealth of Puerto Rico, District of Columbia, Commonwealth of the Northern Mariana Islands, Guam, U.S. Virgin Islands, and American Samoa.

This notice advises the public that the Fish and Wildlife Service, Southwest Region, intends to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and Environmental Assessment for Bosque del Apache National Wildlife Refuge, pursuant to the National Environmental Policy Act and its implementing regulations. 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.), 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 Florida Department of Transportation (FDOT), Monroe County, Florida, and the Florida Department of Community Affairs (DCA) (Applicants) request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicants anticipate taking no more than 168 acres of occupied Key deer (Odocoileus virginianus clavium), breeding, foraging, and sheltering habitat. This same area is potential habitat for the eastern indigo snake (Drymarchon corais couperi). Proposed activities on this acreage may also indirectly affect adjacent habitat occupied by the Lower Keys marsh rabbit (Sylvilagus palustris hefneri). Take of these species would be incidental to development activities on Big Pine Key and No Name Key (Project Area) in Monroe County, Florida. The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project on the affected species. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the HCP and the Environmental Assessment for the incidental take application. Copies of the HCP and Environmental Assessment 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 National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6).

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

The U.S. Fish and Wildlife Service announces that the Draft Comprehensive Conservation Plan (CCP), Environmental Impact Statement (EIS) and Land Protection Plan is available for Driftless Area National Wildlife Refuge (NWR) in Illinois, Iowa, and Wisconsin. 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.

We (Fish and Wildlife Service, Service) plan to submit the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act of 1995. We use the information collected to conduct our NAWCA grants programs in the manner prescribed by that Act, the Migratory Bird Conservation Commission, and the North American Wetlands Conservation Council. We also use the information to comply with Federal reporting requirements for grants awarded under the program.

The public is invited to comment on the following application for approval to conduct certain activities with birds that are protected in accordance with the Wild Bird Conservation Act of 1992. This notice is provided pursuant to Section 112(4) of the Wild Bird Conservation Act of 1992, 50 CFR 15.26(c).

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.

We (Fish and Wildlife Service, Service) plan to request that OMB renew approval for information collection associated with FWS Form 3-159 (Mourning Dove Call Count Survey). The current OMB Control Number for this information collection is 1018-0010, which expires October 31, 2005. We plan to request that OMB renew its approval of this information collection for a 3-year term.

In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number to each species. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms, previously called candidate forms) for each candidate species. We request additional status information that may be available for the 286 candidate species. We will consider this information in preparing listing documents and future revisions to the notice of review, as it will help us in monitoring changes in the status of candidate species and in management for conserving them. We also request information on additional species that we should include as candidates as we prepare future updates of this list. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period May 5, 2004, through May 2, 2005.

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

The U.S. Fish and Wildlife Service (we, us, or USFWS) proposes to approve shot formulated of 62 percent iron, 25 percent tungsten, and 13 percent nickel as nontoxic for waterfowl and coot hunting in the United States. We assessed possible toxicity effects of the Iron- Tungsten-Nickel (ITN) shot, and have determined that it is not a threat to wildlife or their habitats, and that further testing of ITN shot is not necessary. We have concluded that because all of the metals in ITN shot type have been approved in higher concentrations in other nontoxic shot types and in ITN shot are very unlikely to adversely affect fish, wildlife, their habitats, or the human environment, we do not need to prepare an Environmental Assessment for this action. We believe that the toxicity risks from ITN shot are small. This rule also corrects the formulation of Tungsten-Tin-Bismuth shot. We inadvertently left the iron in the formulation out of our August 9, 2004, approval of the shot type (69 FR 48163).

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

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the proposal to designate critical habitat for the Jarbidge River, Coastal-Puget Sound, and Saint Mary- Belly River populations of bull trout (Salvelinus confluentus), and the availability of the draft economic analysis of the proposed designation of critical habitat. We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rule and the associated draft economic analysis. 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 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://pacific.fws.gov/bulltrout or from the Portland Regional Office at the address and contact numbers below.

This notice advises the public that Metropolitan Water District of Southern California (MWD) has applied to the U.S. Fish and Wildlife Service (Service or ``we'') for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the applicant and the Service. The Agreement proposes to enroll 296 acres of land, which includes 276 acres that is to provide for the preservation of coastal marsh and wetlands to aid in the conservation of the endangered brown pelican (Pelecanus occidentalis), California least tern (Sterna antillarum browni), light- footed clapper rail (Rallus longirostris levipes), tidewater goby (Eucyclogobius newberryi), salt marsh bird's beak (Cordylanthus maritimus ssp. maritimus), Ventura marsh milk-vetch (Astragalus pycnostachyus var. lanosissimus) and threatened western snowy plover (Charadrius alexandrinus nivosus), and 20 acres of ongoing farming activities which will eventually be developed for industrial or commercial use. The proposed enrolled lands are properties owned by MWD at Ormond Beach, Ventura County, California. The proposed duration of the Agreement and permit is 75 years. The Service has made a preliminary determination that the proposed Agreement 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 U.S. Fish and Wildlife Service (Service) hereby provides public notice that ENVIRON-Metal, Inc., of Sweet Home, Oregon, has applied for approval of a range of tungsten-nickel-iron alloys as nontoxic for waterfowl hunting in the United States. The alloys are comprised of 10-70 percent iron, 20-70 percent tungsten, and 10-40 percent nickel. Densities of the shot alloys range from 8.5 grams per cubic centimeter (g/cc) to 13.5 g/cc. The Service has initiated review of the shot alloys under the criteria set out in Tier 1 of the nontoxic shot approval procedures given at 50 CFR 20.134.

The U.S. Fish and Wildlife Service (Service) hereby provides public notice that the Olin Corporation of East Alton, Illinois, has applied for approval of 60 percent tungsten, 35.1 percent copper, 3.9 percent tin, and 1 percent iron shot as nontoxic for waterfowl hunting in the United States. The Service has initiated review of the shot under the criteria set out in Tier 1 of the nontoxic shot approval procedures given at 50 CFR 20.134.

The Fish and Wildlife Service is amending a portion of the Lower St. Johns River Manatee Refuge area in Duval County, Florida, to provide for both improved public safety and increased manatee protection through improved marking and enforcement of the manatee protection area. Specifically, that portion of this manatee protection area which lies downstream of the Hart Bridge to Reddie Point will be modified to allow watercraft to travel up to 25 miles per hour (mph) in a broader portion of the St. Johns River to include areas adjacent to but outside of the navigation channel. Watercraft traveling near the banks of the river will be required to travel at slow speed much as they do now. The primary exception will be around Exchange Island where the coverage of the existing State and local slow-speed zones will be expanded. However, in the main portion of the river, watercraft will be allowed to travel at speeds up to 25 mph. The manatee protection area will also be expanded approximately one mile further downstream, to the extent it was originally proposed (68 FR 16602; April 4, 2003), in order to be consistent with existing State and local governmental manatee protection measures and thereby facilitate compliance. This modification is supported by State and local government and parties to the March 18, 2003, Stipulated Order which resulted in the initial rulemaking for this manatee protection area. The current configuration of the manatee protection area is not supported by the State of Florida or Duval County. While the Service is committed to enforcing these current protection measures, State and local government would normally provide a substantial portion of the enforcement effort. This rulemaking, through a minor modification in a small portion of the manatee protection area, resolves State and local objections and gains their support through education and enforcement throughout the extent of the manatee protection area. The modification will provide a substantial benefit to manatee conservation. Establishment of manatee protection areas is authorized under the Endangered Species Act of 1973, as amended (ESA), and the Marine Mammal Protection Act of 1972, as amended (MMPA), to further recovery of the Florida manatee (Trichechus manatus latirostris) by preventing the taking of one or more manatees. We also announce the availability of a final environmental assessment for this action. Under authority of 5 U.S.C. 553, we find good cause to make this rule final without prior opportunity for public comment because public notice and comment on the rule is contrary to the public interest. However, the public may provide comments on this final rule at any time to the address in the ADDRESSES caption below.

The U.S. Fish and Wildlife Service announces that the Draft Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) is available for Upper Mississippi River National Wildlife and Fish Refuge. 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.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis and draft environmental assessment for the proposal to designate critical habitat for southwestern willow flycatcher (Empidonax traillii extimus) under the Endangered Species Act of 1973 (Act), as amended. The draft economic analysis considers the potential economic effects of efforts to protect the southwestern willow flycatcher and its habitat, collectively referred to as ``flycatcher conservation activities.'' In the case of habitat conservation, these costs would reflect the costs associated with the commitment of resources to comply with habitat protection measures. The analysis also addresses how potential economic impacts are likely to be distributed and looks retrospectively at costs that have been incurred since the date the species was listed. The draft economic analysis finds that over a 10-year time period costs associated with southwestern willow flycatcher conservation activities are forecast to range from $29.2 to $39.5 million per year. Comments previously submitted on the October 12, 2004, proposed rule (69 FR 60706) and the extensions of comment period published December 13, 2004 (69 FR 72161), or March 31, 2005 (70 FR 16474) need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule. We will hold eight public informational sessions and hearings (see DATES and ADDRESSES sections).

The public is invited to comment on the following applications to conduct certain activities with endangered species. We provide this notice pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

The following permit was issued.

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 an Environmental Impact Statement (EIS) on the proposed expansion and amendment of the U.S. Borax Inc. (U.S. Borax) Life of Mine Project Habitat Conservation Plan (HCP). The proposed amendment is being prepared under section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended, (Act). The HCP and incidental take permit amendments are needed to authorize the incidental take of listed species as a result of implementing activities covered under the proposed HCP amendment. We provide 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; (3) announce the initiation of a 30-day public scoping period; and (4) obtain suggestions and information on the scope of issues and alternatives to be included in the EIS.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove (first petition) the Idaho springsnail (Pyrgulopsis idahoensis) from the Federal List of Endangered and Threatened Wildlife and Plants (List) pursuant to the Endangered Species Act (Act), as well as a 90-day finding on a petition to add (second petition) the Jackson Lake springsnail (P. robusta), Harney Lake springsnail (P. hendersoni), and Columbia springsnail (P. spp. A) to the List as endangered or threatened. We find the first petition presents substantial scientific information that delisting the Idaho springsnail may be warranted. We also find that the second petition presents substantial scientific information that listing the Jackson Lake springsnail, Harney Lake springsnail, and Columbia springsnail may be warranted. We are requesting submission of any new information on the Idaho springsnail since its original listing as an endangered species in 1992, and information on the Jackson Lake springsnail, Harney Lake springsnail, and Columbia springsnail. Following this 12-month status review, we will issue 12-month findings on the petition to delist the Idaho springsnail and the petition to list the Jackson Lake springsnail, Harney Lake springsnail, and Columbia springsnail. Section 4(c)(2)(A) of the Act also requires a status review of listed species at least once every 5 years. We are therefore electing to conduct these reviews simultaneously. At the conclusion of these reviews, we will issue the 12-month findings on the petitions, as provided in section 4(b)(3)(B) of the Act, and make the requisite recommendation under section 4(c)(2)(B) of the Act based on the results of the 5-year review for the Idaho springsnail.

Mr. Allen Henrie (Applicant) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit (ESP) for the Utah prairie dog pursuant to section 10(a)1(A) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). This permit application includes a Safe Harbor Agreement (SHA) between the Applicant, the Utah Division of Wildlife Resources (UDWR), and the Service. The proposed SHA and permit would become effective upon signature of the SHA and issuance of the permit and would remain in effect for 40 years. We have made the determination that the proposed activities described in the application and SHA will improve prairie dog habitat and potentially establish a colony of prairie dogs on private land and that, therefore, it is categorically excluded under 516 DM 8.5 C. (1) of the Department of the Interior's Manual. This notice is provided pursuant to the National Environmental Policy Act (NEPA) and section 10 of the Act and the Service's Safe Harbor Policy (64 FR 32717). The Service requests information, views, and opinions from the public via this notice. Further, the Service is soliciting information regarding the adequacy of the SHA as measured against the Service's Safe Harbor Policy and the regulations that implement it.