Fish and Wildlife Service April 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 Siskiyou Mountains salamander (Plethodon stormi) and Scott Bar salamander (Plethodon asupak) 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 and additional information in our files do not present substantial scientific or commercial information indicating that listing these species may be warranted. We will not be initiating a 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, or threats to these species.

This notice announces the availability of the final Coachella Valley Association of Governments Habitat Conservation Plan and Natural Community Conservation Plan (Plan), final Implementing Agreement, and final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) for public review and comment. The Fish and Wildlife Service (Service) is considering the proposed action of issuing a 75-year incidental take permit, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended (ESA), for 27 species in response to receipt of an application from the Coachella Valley Association of Governments (CVAG), Coachella Valley Conservation Commission, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Parks and Open Space District, Riverside County Waste Management District, Coachella Valley Water District, Imperial Irrigation District, California Department of Transportation, California Department of Parks and Recreation, Coachella Valley Mountains Conservancy, and the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Applicants). The proposed permit would authorize take of individual members of animal species listed under the Federal Endangered Species Act of 1973, as amended (ESA). The permit is needed because take of species could occur during proposed urban development activities, rural infrastructure projects, and preserve management activities within a 1.1 million-acre planning area located in the Coachella Valley, California. The Final Plan also incorporates a Public Use and Trails Plan which includes proposals that address non-motorized recreation activities on Federal and non-Federal lands in the Santa Rosa and San Jacinto Mountains. The Bureau of Land Management (BLM) is a Cooperating Agency in this planning process and will use this EIR/EIS to make decisions on BLM-administered public lands pertaining to trail use in the Santa Rosa and San Jacinto Mountains. These proposals constitute activity (implementation) level actions in furtherance of the California Desert Conservation Area Plan (1980), as amended, and the Santa Rosa and San Jacinto Mountains National Monument Management Plan (2004). The BLM will issue a separate record of decision regarding non-motorized recreation activities on public lands.

The County of San Bernardino (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 10-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 Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) associated with the proposed realignment of the intersection of Valley and Pepper Avenues in the City of Colton, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Valley/Pepper Realignment 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. The basis for this determination is discussed in the Environmental Action Statement (EAS) and the associated Low Effect Screening Form, which are also available for public review.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of 25 southwestern species under the Endangered Species Act of 1973 (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 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 the reopening of the public comment period and a public hearing on the proposed designation of critical habitat for the Fender's blue butterfly (Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette daisy).

We, the U.S. Fish and Wildlife Service (Service), are proposing special regulations under the authority of section 4(d) of the Endangered Species Act (Act) of 1973, as amended, that would promote the conservation of the Pacific Coast distinct population segment (DPS) of western snowy plover (Charadrius alexandrinus nivosus). We seek comment on our proposed rule from the public and other agencies, and welcome suggestions regarding the scope and implementation of a special 4(d) rule.

This notice informs the public that the Southeast Alaska Federal Subsistence Regional Advisory Council will hold a public meeting on May 10, 2006. The public is invited to participate and to provide oral testimony.

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

Michael Perez and Cynthia Perez (Applicants) request an incidental take permit (ITP) for a two-year term pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate the removal of about 0.22 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 Applicants' 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 invite the public to comment on the following applications to conduct certain activities with endangered species.

We, the Fish and Wildlife Service, propose to revise the regulations that implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty that regulates international trade in certain protected species. The United States was one of the original signatories to CITES, which has been in effect since July 1, 1975. CITES uses a system of permits and certificates to help ensure that international trade is legal and does not threaten the survival of wildlife or plant species in the wild. Since the existing regulations were finalized, the CITES Conference of the Parties (CoP) has held a number of meetings where resolutions have been adopted. The Parties adopt resolutions as a means of standardizing interpretation and implementation of the provisions of the Treaty. On May 8, 2000, we proposed a revision of the regulations to incorporate applicable resolutions, as appropriate, adopted through the tenth meeting of the Conference of the Parties to CITES (CoP10). This new proposal includes consideration of the comments received in response to the 2000 proposal and incorporates appropriate resolutions adopted at CoP11 through CoP13. Revised regulations will help us more effectively promote species conservation, continue to fulfill our responsibilities under the Treaty, and help those affected by CITES to understand how to conduct lawful international trade in CITES species.

The following permits were issued.

In accordance with the Federal Advisory Committee Act, the Fish and Wildlife Service announces a meeting designed to foster partnerships to enhance public awareness of the importance of aquatic resources and the social and economic benefits of recreational fishing and boating in the United States. This meeting, sponsored by the Sport Fishing and Boating Partnership Council (Council), is open to the public, and interested persons may make oral statements to the Council or may file written statements for consideration.

We, the Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973 (Act), as amended, have determined that it is appropriate to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) from the Federal List of Endangered and Threatened Wildlife and, accordingly, also remove designated critical habitat for this DPS found in the Code of Federal Regulations (CFR) at 50 CFR 17.95. Additionally, we are withdrawing the proposed rule to designate new critical habitat for the Arizona DPS of the pygmy-owl (67 FR 7103, November 27, 2002). The Arizona DPS of the pygmy-owl was listed as endangered on March 10, 1997 (62 FR 10730), and critical habitat was designated on July 12, 1999 (64 FR 37419). On January 9, 2001, a coalition of plaintiffs filed a lawsuit with the District Court of Arizona challenging the validity of our listing of the pygmy-owl as a DPS and the designation of its critical habitat. After the District Court remanded the designation of critical habitat (National Association of Home Builders et al. v. Norton, Civ.-00-0903- PHX-SRB), we proposed a new critical habitat designation on November 27, 2002 (67 FR 7103). Ultimately, as a result of this lawsuit, the United States Court of Appeals for the Ninth Circuit issued an opinion on August 19, 2003, stating that ``the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy'' (National Association of Homebuilders v. Norton, 340 F.3d 835, 852 (9th Cir. 2003)). In light of the Ninth Circuit's opinion, we have reassessed the application of the DPS significance criteria to the Arizona population of the pygmy-owl. Based on a review of the available information and science, the public comments received during the public comment period, and our DPS policy, we do not believe that the Arizona DPS of the pygmy-owl qualifies as an entity that can be listed under the Act.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed rule to designate critical habitat for the Laguna Mountains skipper (Pyrgus ruralis lagunae) under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit written comments on the proposed designation. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. We also will hold two public hearings on this proposed designation of critical habitat.

The U.S. Fish and Wildlife Service (Service) announces the availability of the Draft Recovery Plan for the Chiricahua Leopard Frog (Draft Recovery Plan) for public review. The species occurs in montane and river valley cienegas, springs, pools, cattle tanks, reservoirs, streams, and rivers in central and southeastern Arizona, west-central and southwestern New Mexico, and the sky islands and Sierra Madre Occidental of northeastern Sonora and western Chihuahua, Mexico, at elevations of approximately 3,000-9,000 feet. The Draft Recovery Plan recommends actions to lessen and alleviate threats to the species, and presents objective and measurable delisting criteria. The Service solicits review and comment from the public on this Draft Recovery Plan.

We, the U.S. Fish and Wildlife Service, announce the initiation of a 5-year review of 70 species 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 currently available. We are requesting submission of any such information that has become available since the original listing of each of the 70 species identified in Table 1 below. Based on the results of these 5- year reviews, we will determine whether any species should be proposed for removal from the list or its listing status should be changed pursuant to section 4(c)(2)(B) of the Act.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Crocodile Lake National Wildlife Refuge are available for distribution. The plan was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak) pursuant to the Endangered Species Act of 1973, as amended (Act). Approximately 2,119 acres (ac) (857 hectares (ha)) fall within the boundaries of the proposed critical habitat designation for C. hydrophilum var. hydrophilum in Solano County, California, and approximately 2,313 ac (936 ha) for C. mollis ssp. mollis in Contra Costa, Napa, and Solano Counties, California.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of Maguire daisy (Erigeron maguirei), Holmgren milk-vetch (Astragalus holmgreniorum), Shivwits milk-vetch (Astragalus ampullarioides), Virgin River chub (Gila seminuda), woundfin (Plagopterus argentissimus), and Kanab ambersnail (Oxyloma haydeni kanabensis) under the Endangered Species Act of 1973 (ESA). The purpose of reviews conducted under this section of the ESA is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

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

Small Family Investments, Ltd. (Applicant) 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) of 1973, as amended (16 U.S.C. 1531 et seq.). The requested permit, which is for a period of 12 years, includes a draft Safe Harbor Agreement (SHA) for the endangered Houston toad (Bufo houstonensis) in Bastrop County, Texas. We invite the public to review and comment on the permit application and the associated SHA.

The County of Volusia, Environmental Management Division (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 two families of Florida scrub- jays (Aphelocoma coerulescens) (scrub-jay) over the requested 30-year permit term as a result of the destruction of 1.9 acres of foraging, sheltering, and possible nesting habitat, incidental to land clearing for the expansion of the Deltona Regional Library and supporting infrastructure in Volusia 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. We announce the availability of the ITP application and HCP and an environmental assessment.

We, the U.S. Fish and Wildlife Service, announce corrections to our notice of review that published in the Federal Register on March 22, 2006, concerning initiation of 5-year reviews for 56 species in California and Nevada. The document contained the incorrect zip code for the Carlsbad Fish and Wildlife Office and two ambiguous tables indicating to which offices information for particular species should be submitted. The correct zip code for the Carlsbad Fish and Wildlife Office is 92011, and we are reprinting the address and contact information from the two tables.