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

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 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 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) announces a 5- year review of the Florida manatee (Trichechus manatus latirostris under section 4(c)(2)(A) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et seq.). A 5-year review is conducted to ensure that the listing classification of a species 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 Florida manatee that has become available since its original listing as an endangered species in 1967 (32 FR 4061), under the Endangered Species Preservation Act of 1966 80 Stat. 926; 16 U.S.C. 668aa(c). The manatee (Trichechus manatus) was listed again in December, 1970 by amending Appendix A of 50 CFR 17 to include additional names to the list of foreign endangered species (35 FR 18319). Based on the results of this 5-year review, we will make the requisite determination under section 4(c)(2)(B) of the ESA.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the arroyo toad (Bufo californicus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 11,695 acres (ac) (4,733 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Santa Barbara, Ventura, Los Angeles, San Bernardino, and Riverside, Counties, California.

This final rule revises the U.S. Fish and Wildlife Service's permit application fee schedule for permits issued by the Divisions of Migratory Bird Management, Endangered Species, Law Enforcement, and Management Authority. The rule also clarifies several aspects of Service permit application procedures, and updates permit-related Service addresses. Additionally, the rule extends the tenure of two types of migratory bird permits.

The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2005 season. This final rule prescribes frameworks, or outer limits, for dates when harvesting of birds may occur, species that can be taken, and methods and means that would be excluded from use. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations are intended to provide a framework to enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes regulations that start on April 2, 2005, and expire on August 31, 2005, for the subsistence harvest of migratory birds in Alaska.

We, the Fish and Wildlife Service (Service), establish an additional manatee protection area in Lee County, Florida (Pine Island- Estero Bay Manatee Refuge). This action 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 are designating an area in Lee County as a manatee refuge in which certain waterborne activities will be regulated. Specifically, watercraft will be required to proceed at either ``slow speed'' or at not more than 25 miles per hour, on an annual or seasonal basis, as described in the rule. We also announce the availability of a final environmental assessment for this action.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Lake Ophelia National Wildlife Refuge 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 and 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 (hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation); funding and staffing; cultural resources; land acquisition; and forest and fragmentation. The Service developed four alternatives for managing the refuge and chose Alternative 2 as the preferred alternative. Alternatives

We, the U.S. Fish and Wildlife Service (Service), announce the extension of the public comment period for the proposal to designate critical habitat for the southwestern willow flycatcher (Empidonax extimus traillii) to allow all interested parties to comment on the proposed critical habitat designation under the Endangered Species Act of 1973, as amended. The proposed rule was published and the public comment period initially opened on October 12, 2004 (69 FR 60706). The comment period was extended to March 31, 2005 (December 13, 2004; 69 FR 72161) and is being extended again with this notice.

This notice announces that a Draft Comprehensive Conservation Plan and Environmental Impact Statement for the Roanoke River National Wildlife Refuge 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 and photography, and environmental education and interpretation.

The Fish and Wildlife Service (Service) is reopening the public comment period on the Draft Arnaudo Brothers, Wathen-Castanos and River East Holding Habitat Conservation Plan (HCP) and Draft Environmental Assessment (EA) for an incidental take permit for the endangered San Joaquin kit fox (Vulpes macrotis mutica, ``kit fox'') in Merced County, California.

This document amends the special rule for the vicu[ntilde]a (Vicugna vicugna), as published in the Federal Register on May 30, 2002. The May 30, 2002, special rule allows the importation into the United States of legal fiber and legal products produced with fiber from vicu[ntilde]a populations listed as threatened under the U.S. Endangered Species Act of 1973 (ESA) and in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), if certain conditions are satisfied by the countries of origin and re-export. This document: (1) Corrects and clarifies the labeling requirements for legal vicu[ntilde]a fiber and fiber products; and (2) corrects an inadvertent typographical error in the section on annual reporting requirements.

The American peregrine falcon was removed from the List of Endangered and Threatened Wildlife on August 25, 1999. Section 4(g) of the Endangered Species Act (ESA) requires that all species that are recovered and removed from the List of Endangered and Threatened Wildlife (delisted) be monitored in cooperation with the States for a period of not less than 5 years. The purpose of this requirement is to detect any failure of a recovered species to sustain itself without the protections of the ESA. We (Fish and Wildlife Service) have submitted the collection of information described below to OMB for renewal under the provisions of the Paperwork Reduction Act of 1995.

The following applicants have applied for permits to conduct certain activities with endangered species. This notice is provided pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.).

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

This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2005-06 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. This rulemaking replaces the fish and shellfish taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D2004 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on March 31, 2005. This rule also amends the Customary and Traditional Use Determinations of the Federal Subsistence Board (Section .24 of Subpart C).

This notice advises the public that the U.S. Fish and Wildlife Service (Service) will make available copies of the Draft Comprehensive Conservation Plan (CCP), Draft Environmental Impact Statement (EIS), and Draft Wilderness Stewardship Plan for the Cabeza Prieta National Wildlife Refuge in Pima and Yuma Counties, Arizona, for public review and comment. This draft CCP was prepared in compliance with 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. It describes how the Service intends to manage the Refuge over the next 15 years.

Southern California Edison (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-year incidental take permit for two 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 Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis), listed as endangered under the Act. It also addresses impacts to the burrowing owl (Athene cunicularia hypugea), a California State designated Species of Special Concern. Impacts to both species would occur from proposed upgrading of the existing Etiwanda-Miraloma Transmission Line in Riverside and San Bernardino counties, California. A conservation program to mitigate for the project activities would be implemented by the applicant as described in the proposed Southern California Edison (SCE) Low-Effect Habitat Conservation Plan (proposed plan), which is available for public review. We are requesting comments on the proposed Plan 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. The basis for this determination is discussed in an Environmental Action Statement and the associated Low-Effect Screening Form (EAS/screening form), which are also available for public review.

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

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 County of San Diego (County), a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the North County Multiple Species Conservation Program (NCMSCP) Plan. The NCMSCP Plan 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.

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

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

Dr. W. H. Abraham, Mr. Terry Bartee, Ms. Sarah Bertrand, Ms. Edith Bolster, Mr. Billy Bullock, Ms. Jerilyn Byrd, Mr. Walter Cooper, Mr. Thomas Cox, Mr. and Mrs. George Cromer, Mr. Larry Dawson, Mr. William Denholm, Ms. Ellen Dinges, Mr. Jody Greene, Mr. Perry Hand, Mr. Leo Hastings, Mr. Asa Hollowell, Mr. Robert Howell, Mr. Trice Hulling, Ms. Virginia Jordan, Mr. Kerwin Lane, Mr. John Lucas, Ms. Linda Mangold, Mr. Martens, Ms. Cynthia Meichner, Mr. and Mrs. Kevin Nagley, Mr. Greg Nayden (3 applications), Mr. Robert Pate, Ms. Terry Pettus, Mr. Steven Quinn (2 applications), Mr. James Randolph, Mr. Robert Relinski (2 applications), Mr. Jeffrey Ryder, Sage Development (10 applications), Mr. Jose Silvas, Mr. P.K. Smartt, Mr. Delmar Smith, Mr. Jim Stephenson, Mr. Richard Willoughby, Mr. William Yates, Mr. Robert Yokley, Mr. Jim Young, and Ms. Debra Zak have applied to the Fish and Wildlife Service (Service) for incidental take permits (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended (Act) for the take of Alabama beach mouse (Peromyscus polionotus ammobates) (ABM). The proposed take would be incidental to the otherwise lawful activity of constructing 49 single family and 6 duplex residences in Baldwin County, Alabama. The applicants have prepared Habitat Conservation Plans (HCP) in accordance with section 10(a)(2)(A) of the Act, specifying, among other things, the impacts that are likely to result from the taking and the measures each applicant would undertake to minimize and mitigate such impacts. A detailed description of the proposed minimization and mitigation measures is provided in the applicants' HCPs, and in our Environmental Assessment (EA). The proposed action would involve approval of the HCPs if the statutory issuance criteria are satisfied. The EA considers the environmental impacts of the proposed projects on, including but not limited to, endangered and threatened species.

John Massaro (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 take of the Florida scrub-jay (Aphelocoma coerulescens) and eastern indigo snake (Drymarchon corais couperi) incidental to construction of a mixed residential and commercial use subdivision with supporting infrastructure in Brevard County, Florida. Construction and its associated infrastructure would destroy about 9.67 acres of foraging, sheltering, and possibly nesting habitat for the scrub-jay that is also possibly used by the indigo snake. A more detailed description of the mitigation and minimization measures to address the effects of the Project to the protected species are outlined in the Applicant's Habitat Conservation Plan (HCP), the Service's Environmental Assessment (EA), and in the SUPPLEMENTARY INFORMATION section below. The Service also announces the availability of the EA and HCP for the incidental take application. Copies of the EA and/or HCP may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice also advises the public that the Service has made a preliminary determination that issuing the ITP is not a major Federal action significantly affecting the quality of the human environment within the meaning of Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), as amended. The Finding of No Significant Impact (FONSI) is based on information contained in the EA and HCP. The final determination will be made no sooner than 60 days from the date of this notice. This notice is provided pursuant to Section 10 of the Act and NEPA regulations (40 CFR 1506.6).