Fish and Wildlife Service February 2006 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Black Hills mountainsnail (Oreohelix cooperi) as threatened or endangered under the Endangered Species Act of 1973, as amended (ESA). We find the petition does not provide substantial scientific information indicating that listing the Black Hills mountainsnail may be warranted. Therefore, we will not be initiating a further status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of the species or threats to it.

The following applicants have applied for permits to conduct certain activities with endangered species.

We, the U.S. Fish and Wildlife Service (Service), announce a public meeting on American ginseng (Panax quinquefolius). This meeting will help us gather information from the public in preparation for our 2006 findings on the export of American ginseng roots, for the issuance of permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

We (the U.S. Fish and Wildlife Service) have updated information on nesting of American peregrine falcons (Falco peregrinus anatum) in the western United States and have determined the allowed take of nestlings in 12 western States in 2006.

Environmental Defense, Inc. (ED) (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit under section 10(a)(1)(A) of the Endangered Species Act (Act) of 1973, as amended. The requested permit, which is for a period of 30 years, would authorize the Applicant to issue certificates of inclusion under a Safe Harbor Agreement (SHA) to private landowners who would voluntarily agree to carry out habitat improvements for the Texas ocelot subspecies (Leopardus pardalis albescens). We invite the public to review and comment on the permit application and the associated draft SHA.

We, the U.S. Fish and Wildlife Service (Service), extend for not more than six months, the time to make a decision on the proposal to delist the Preble's meadow jumping mouse (Zapus hudsonius preblei) and announce the reopening of the comment period. Since the close of the public comment period, we have received additional information which may be influential in our final decision. The extension is sought pursuant to section 4(b)(6)(B)(i) of the ESA because a recently completed and unpublished study substantially disagrees with the determination contained in the proposed rule that Preble's is not a distinct subspecies. Some of this new information conflicts with information given significant weight in the proposed rule. In order to ensure the public has full access to and an opportunity to comment on all available information, we are reopening the public comment period for 60 days. The Service will make a final decision based on the best scientific and commercial information available. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in the final decision and rule.

We, the U.S. Fish and Wildlife Service (Service), announce an extension of the comment period for the proposed rule to establish a distinct population segment (DPS) of the grizzly bear (Ursus arctos horribilis) for the greater Yellowstone Ecosystem and surrounding area and remove the Yellowstone DPS from the List of Threatened and Endangered Wildlife. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in the final decision and rule.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the proposal to remove the bald eagle (Haliaeetus leucocephalus) from the List of Endangered and Threatened Wildlife in the lower 48 States of the United States, under the Endangered Species Act of 1973 (ESA), as amended. The proposed delisting rule for the bald eagle was published on July 6, 1999 (64 FR 36454). Comments previously submitted on the July 6, 1999, proposed rule need not be resubmitted as they have been incorporated into the public record as part of this reopening of the comment period, and they will be fully considered in the preparation of the final rule. In reopening the comment period, we provide new information, respond to the comments we received in the proposed rule, and further clarify our reasons for proposing to delist the species. The best available scientific and commercial data available indicates that the bald eagle has recovered. The bald eagle population in the lower 48 States has increased from approximately 487 active nests in 1963, to an estimated minimum 7,066 breeding pairs today. The recovery of the bald eagle is due in part to habitat protection and management actions, and the reduction in levels of persistent organochlorine pesticides (such as DDT) occurring in the environment. This rule will not affect protection provided to the species under the Bald and Golden Eagle Protection Act (BGEPA) or the Migratory Bird Treaty Act (MBTA). In addition, the Bald and Golden Eagle Protection Act will continue to provide protection to the bald eagle, if delisting under the ESA is found to be warranted. To help clarify the BGEPA protections provided to the bald eagle, the Service is also soliciting public comments on two related draft bald eagle documents under the BGEPA that are being published simultaneously with this proposed delisting rule. First, we are publishing a notice of availability and request for public comments on draft National Bald Eagle Management Guidelines (Guidelines). The Guidelines provide guidance on how to comply with the requirements of the BGEPA by avoiding disturbance to bald eagles under different land use scenarios. Second, we are publishing a proposed rule to add the definition of ``disturb'' to our regulations at 50 CFR 22.3, which implement the BGEPA. These two documents are published separately in this part of today's Federal Register and include additional information about submitting comments on them.

In anticipation of possible removal (delisting) of the bald eagle in the 48 contiguous States from the List of Endangered and Threatened Wildlife under the Endangered Species Act (ESA), the U.S. Fish and Wildlife Service (the Service) is proposing a definition of ``disturb'' under the Bald and Golden Eagle Protection Act (BGEPA) to guide post-delisting bald eagle management. Because BGEPA's prohibition against disturbance applies to both bald and golden eagles, the definition will apply to golden eagles (Aquila chrysaetos) as well as bald eagles (Haliaeetus leucocephalus). If the bald eagle is delisted, the BGEPA will become the primary law protecting bald eagles. BGEPA prohibits take of bald and golden eagles and provides a statutory definition of ``take'' that includes ``disturb.'' Although disturbing eagles has been prohibited by BGEPA since the statute's enactment, the meaning of ``disturb'' has never been explicitly defined by the Service or by the courts. To define ``disturb,'' we rely on the common meaning of the term as applied to the conservation intent of BGEPA and the working definitions of ``disturb'' currently used by Federal and State agencies to manage bald eagles. This proposed definition of disturb will apply to Alaska, where the bald eagle has never been listed under the ESA, as well as the 48 contiguous States. (Eagles do not occur in Hawaii.) In addition to this proposed rulemaking, the Service is soliciting public comment on two related proposals published separately in this part of today's Federal Register. First, the Service is re-opening the public comment period on the proposed rule to remove the bald eagle from the list of threatened species under the ESA (16 U.S.C. 1531 et seq.); we originally proposed delisting the bald eagle on July 6, 1999 (64 FR 36453). Second, we are soliciting comment on draft National Bald Eagle Management Guidelines.

Richard E. Bosserman and Charles E. Bosserman III (Applicants) request an incidental take permit (ITP) for a 10-year term, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate taking sand skinks (Neoseps reynoldsi) and bluetail mole skinks (Eumeces egregious) (cumulatively referred to as skinks) resulting from land clearing and site preparation for commercial construction on about 75 acres near Clermont, Lake County, Florida. The Applicants' HCP describes the mitigation and minimization measures proposed to address the effects commercial construction on the skinks. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We announce the availability of the ITP application, HCP, and an Environmental Assessment (EA).

The U.S. Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan (CCP) for Lost Trail National Wildlife Refuge is available. This CCP, prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997 and the National Environmental Policy Act of 1969, describes how the U.S. Fish and Wildlife Service intends to manage this refuge for the next 15 years.

Carlos Bigord (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking over a one- year permit term, about 0.23 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 Charlotte County, Florida (Project). 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. The Service announces the availability of the HCP for the incidental take application.

The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) is available for Sherburne National Wildlife Refuge, 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.

We invite the public to comment on the following application to conduct certain activities with endangered species.

We, the Fish and Wildlife Service (Service), designated approximately 858,846 acres (ac) (347,563 hectares (ha)) of critical habitat for 4 vernal pool crustaceans and 11 vernal pool plants in 34 counties in California and 1 county in southern Oregon in a final rule of August 11, 2005 (70 FR 46924). That rule designated critical habitat for the 15 vernal pool species collectively. Pursuant to that rule, we are now publishing species-specific unit descriptions and maps for the 15 species. This rule specifically identifies the critical habitat for each individual species identified in the August 11, 2005, final rule. Because many of the units for the different species overlap, the total critical habitat area we are designating is much less than the sum of the areas for each species. This rule is entirely an administrative action in that it places the species individually where they belong in 50 CFR part 17; it does not change the critical habitat designations for any of the species.

This notice announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Currituck 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, plans identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Kootenai River population of the white sturgeon (Acipenser transmontanus) (Kootenai sturgeon) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately, 6.9 river miles (RM) (11.1 river kilometers (RKM)) of the Kootenai River fall within the boundaries of the critical habitat designation located in Boundary County, Idaho. This designation is in addition to the 11.2 miles (18 kilometers) of the Kootenai River already designated as critical habitat for the Kootenai sturgeon.

We, the Fish and Wildlife Service (Service), published a final rule to add two marine taxa to the List of Endangered and Threatened Wildlife in accordance with the Endangered Species Act of 1973, as amended, on November 16, 2005. For one of the two taxa, the white abalone (Haliotis sorenseni), we incorrectly published in the List of Endangered and Threatened Wildlife at Sec. 17.11(h) that the species was Threatened, when it is actually listed as Endangered. We now correct that error.

The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) for Driftless Area National Wildlife Refuge (NWR) in Illinois, Iowa, and Wisconsin is available. 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 public is invited to comment on the following applications to conduct certain activities with endangered species.

We (Fish and Wildlife Service) have submitted the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act. The information collected for the Marine Turtle Conservation Fund Grant Program is needed to review project proposals in accordance with the Marine Turtle Conservation Act (Pub. L. 108-266).

We, the Fish and Wildlife Service, announce a meeting of the Klamath River Basin Fisheries Task Force. The meeting is open to the public. The purpose of the meeting is to allow affected interests to continue providing recommendations to us on implementation of our program to restore anadromous fisheries, including salmon and steelhead, in the Klamath River in California and Oregon.