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

The Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment pursuant to the National Environmental Policy Act of 1969 and its implementing regulations. 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. The purpose of this notice is 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.

We (Fish and Wildlife Service, Service) plan to request that OMB renew approval for our information collection associated with the application for special use permits on national wildlife refuges in Alaska. The current OMB control number for this information collection is 1018-0014, which expires September 30, 2006. We will request that OMB renew approval of this information collection for a 3-year term.

The U.S. Fish and Wildlife Service announces that the Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Mingo, Pilot Knob, and Ozark Cavefish NWRs, Missouri. 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 Florida panther (Puma concolor coryi) is one of the rarest large mammals in the United States. The panther is protected as an endangered species under the Endangered Species Act (Act) and Florida statutes. Due to the panther's potential for extinction, conflicts with humans raise issues that require careful consideration and action such that the intent and ability to conserve the species is unaltered while the safety of the public remains paramount. We announce the availability of an Environmental Assessment (EA) that considers alternatives for managing panther-human conflicts. The alternatives are intended to result in nonsignificant impacts to panthers, humans and the environment. The public is also invited to comment on an application for amendment to a permit to conduct certain activities with endangered and threatened species. This notice is provided under section 10(c) of the Act.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and an associated environmental assessment for the San Diego National Wildlife Refuge pursuant to 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-668ee et seq), and the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4370d). The Service is providing this notice to advise other agencies, Tribal Governments, and the public of our intentions, and to obtain suggestions and information on the scope of the issues and alternatives to include in the CPP and the environmental document.

The TAMWG affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River restoration efforts to the Trinity Management Council. Primary objectives of the meeting will include: Trinity River Restoration Program Fiscal Year 2007 budget; Hoopa Valley and Yurok tribal perspectives; Trinity River Restoration Program emphasis on tributaries and watersheds; science framework; Executive Director's report; reports from Trinity River Restoration Program workgroups; Trinity River Restoration Program strategic plan; TAMWG member presentation; and CVPIA program review. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the California brown pelican (Pelecanus occidentalis californicus) from the Federal List of Endangered and Threatened Wildlife and Plants pursuant to section 4(b)(3) of the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. We, therefore, are initiating a status review of the California brown pelican to determine if delisting under the Act is warranted. We note that the taxon on the Federal List of Endangered and Threatened Species is the brown pelican (Pelecanus occidentalis). The petition requests specifically the delisting of the California brown pelican, (Pelecanus occidentalis californicus), rather than the delisting of the entire listed entity. Brown pelicans in coastal States along the Atlantic Coast and in Florida and Alabama were removed from the List of Endangered and Threatened Wildlife on February 4, 1985 (50 FR 4938). The brown pelican remains listed as endangered throughout the remainder of its range in North, Central, and South America and the Caribbean. Because a status review is also required for the 5-year review of listed species under section 4(c)(2)(A) of the Act, we are electing to initiate a 5-year review of the brown pelican (Pelecanus occidentalis) throughout its range and prepare these reviews simultaneously. 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. To ensure that the reviews are comprehensive, we are soliciting scientific and commercial information regarding this species.

This notice announces a meeting of the Lake Champlain Sea Lamprey Control Alternatives Workgroup. The purpose of the Workgroup is to provide, in an advisory capacity, recommendations and advice on research and implementation of sea lamprey control techniques alternative to lampricide, if they are found to be technically feasible, cost effective, and environmentally safe. Primary objectives of the meeting will include a review of Federal Advisory Committee Act requirements, discussion of the Workgroup's mission, discussion of workgroup operating procedures, and an overview of recent developments in alternative sea lamprey control technology. The meeting is open to the public.

This notice advises the public that the North Carolina Wildlife Resources Commission (NCWRC, or Applicant) has applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit (ESP) under section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The ESP application includes a proposed Safe Harbor Agreement (SHA) for the endangered Red-cockaded Woodpecker (Picoides borealis) (RCW) for a period of 99 years, along with a supporting Environmental Assessment (EA). We announce the opening of a 30-day comment period and request comments from the public on the proposed SHA and the supporting EA.

We (Fish and Wildlife Service) have requested that OMB approve our information collection associated with research to support outdoor recreation management at Lake Umbagog National Wildlife Refuge, Errol, New Hampshire. We have requested that OMB approve this information collection for a 1-year term.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the status review of polar bears (Ursus maritimus) to determine if listing this species as threatened under the Endangered Species Act of 1973, as amended (Act), is warranted. This action will provide all interested parties with an additional opportunity to submit written comments for our status review of this species. 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, the U.S. Fish and Wildlife Service (the Service) are extending the comment for the proposed rule re-opening the public comment period on the proposal to remove the bald eagle from the List of Threatened and Endangered Wildlife under the Endangered Species Act. We are also extending the comment period on the proposed rule to establish a regulatory definition of ``disturb'' under the Bald and Golden Eagle Protection Act, and on the draft National Bald Eagle Management Guidelines via two additional notices published separately in today's issue of the Federal Register. Comments previously submitted need not be resubmitted as they have been incorporated into the public record and will be fully considered in the final decision and rule.

Cedar City and the Paiute Tribe of Utah (Applicants) have applied to the U.S. Fish and Wildlife Service (Service) for incidental take permits pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA) of 1973, as amended. The requested permits, which are for a period of 20 years, would authorize incidental take of the Utah prairie dog (UPD) (Cynomys parvidens), a species federally-listed as threatened. The proposed take would occur as a result of maintenance of the Cedar City Golf Course and Paiute Tribal recreational grounds in Cedar City, Utah. We also announce the availability of a draft Environmental Assessment (EA) and a draft Habitat Conservation Plan (HCP) for public review and comment. The Service requests comments from the public on the permit application, EA, and HCP. The permit application includes the proposed HCP and associated draft Implementation Agreement. The HCP describes the proposed action and the measures the Applicants will undertake to minimize and mitigate to the maximum extent practicable the take of UDP. All comments on the EA, HCP, and permit application will become part of the administrative record and will be available to the public. A determination of whether jeopardy to the species will occur, a Finding of No Significant Impact, and/or issuance of the incidental take permits, will not be made before 60 days from the date of publication of this notice. This notice is provided pursuant to section 10(c) of the ESA and National Environmental Policy Act regulations (40 CFR 1506.6).

Debra Jorden and Edward Webster (Applicants) each request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate taking a total of about 0.48 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging habitat incidental to lot preparation for the construction of two single-family homes and supporting infrastructure, each over a one-year term, in Brevard County, Florida (Projects). The destruction of 0.48 acre of foraging habitat is expected to result in the take of two families of scrub- jays. The Applicants' Habitat Conservation Plans (HCP) describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status pursuant to the Endangered Species Act of 1973, as amended (Act), for 11 species of Hawaiian picture-wing flies Drosophila aglaia, D. differens, D. hemipeza, D. heteroneura, D. montgomeryi, D. musaphilia, D. neoclavisetae, D. obatai, D. ochrobasis, D. substenoptera, and D. tarphytrichia. We determine threatened status pursuant to the Act for one species of Hawaiian picture-wing flyD. mulli. This final rule implements the Federal protections provided by the Act for these 12 species of Hawaiian picture-wing flies.

The following permits were issued.

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

We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed designation of critical habitat for the Alameda whipsnake (Masticophis lateralis euryxanthus) and the availability of the draft economic analysis of the proposed designation of critical habitat. The draft economic analysis identifies potential costs of approximately $532 million over a 20-year period, or approximately $47 million per year, as a result of the proposed designation of critical habitat, including those costs coextensive with listing. If this cost is annualized (adjusted for inflation and value over the time period to equate to an annual cost) over the 20 year period, the potential costs are predicted to be approximately $47 million per year. We are reopening the comment period to allow all interested parties an opportunity 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.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list a distinct population segment (DPS) of the roundtail chub (Gila robusta) in the lower Colorado River basin, and to list the headwater chub (G. nigra) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). The petition also asked the Service to designate critical habitat. After review of all available scientific and commercial information, we find that the petitioned action is not warranted for a DPS of the roundtail chub in the lower Colorado River basin, as explained below, but that listing is warranted for the headwater chub. Currently, however, listing of the headwater chub is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, the headwater chub will be added to our candidate species list. We will develop a proposed rule to list the headwater chub as our priorities allow. Any determinations on critical habitat will be made during development of the proposed rule.

This proposed rule would revise the jurisdiction of the Federal Subsistence Management Program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, Alaska. This would then allow Federal subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in Federal Subsistence Management regulations.