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

The following permits were issued.

On November 17, 2005, the U.S. Fish and Wildlife Service (Service, or we) proposed to designate the Greater Yellowstone Ecosystem population of grizzly bears as a distinct population segment (DPS) and to then remove this DPS from the Federal List of Endangered and Threatened Wildlife. The public comment period for the proposed rule was open from November 17, 2005, until March 20, 2006. Due to a technological error, we did not receive complete information from a small number of interested parties who provided comments during the comment period for the proposed rule. This notice gives instructions for those commenters concerning how to resubmit their comments to us.

We, the Fish and Wildlife Service (Service), give notice that we are reopening the comment period for the proposed rule to revise the regulations for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We are reopening the public comment period to allow interested parties additional time to comment on the proposed rule. The proposed rule was published and the public comment period initially opened on April 19, 2006 (71 FR 20168). In response to requests, we are reopening the public comment period for an additional 30 days.

We, the Fish and Wildlife Service (Service), have determined that the proposed listing of the flat-tailed horned lizard (Phrynosoma mcallii) as a threatened species under the Endangered Species Act (Act) of 1973, as amended, is not warranted and, thus, we withdraw our November 29, 1993, proposed rule (58 FR 62625). As stated in our January 3, 2003, withdrawal of the proposed rule to list the species as threatened (68 FR 331), we have made this determination because threats to the species as identified in the November 29, 1993, proposed rule are not significant, and available data do not indicate that the threats to the species and its habitat, as analyzed under the five listing factors described in section 4(a)(1) of the Act, are likely to endanger the species in the foreseeable future throughout all or a significant portion of its range. The analyses and conclusions contained in the January 3, 2003, withdrawal (68 FR 331) are incorporated herein by reference subject to the revisions contained in this notice. In this revised withdrawal, we have re-examined the lost historical habitat of the flat-tailed horned lizard in relation to our January 3, 2003, withdrawal of the proposed listing rule and have determined that the lost historical habitat is not a significant portion of the flat-tailed horned lizard's range and does not result in the species likely becoming endangered in the foreseeable future throughout all or a significant portion of its range.

This policy explains how we will provide visitors with quality hunting, fishing, wildlife observation and photography, and environmental education and interpretation opportunities on units of the National Wildlife Refuge System (Refuge System). The National Wildlife Refuge System Improvement Act of 1997 (Improvement Act) that amends the National Wildlife Refuge System Administration Act of 1966 (Administration Act) defines and establishes that compatible wildlife- dependent recreational uses (hunting, fishing, wildlife observation and photography, and environmental education and interpretation) are the priority general public uses of the Refuge System and will receive enhanced and priority consideration in refuge planning and management over other general public uses. This final policy describes how we will facilitate these uses. We are incorporating this policy as Part 605, chapters 1-7, of the Fish and Wildlife Service Manual.

We (Fish and Wildlife Service) will ask OMB to renew approval for our information collection associated with applications for designation of shot material as nontoxic for hunting waterfowl and coots. The current OMB control number for this information collection is 1018-0067, which expires on December 31, 2006. We will request that OMB renew approval of this information collection for a 3-year term. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this information collection.

The U.S. Fish and Wildlife Service (Service) announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for San Joaquin River National Wildlife Refuge (Refuge) is available for review and comment. This Draft CCP/EA, prepared pursuant to the National Wildlife Refuge System Administration Act, as amended, and the National Environmental Policy Act of 1969, describes the Service's proposal for managing the Refuge for the next 15 years. The draft compatibility determinations for several public uses are also available for review with the Draft CCP/EA.

We (Fish and Wildlife Service) will ask OMB to renew approval for the information collection associated with our migratory bird subsistence harvest household survey. The current OMB control number for this information collection is 1018-0124, which expires on October 31, 2006. We will request that OMB renew approval of this information collection for a 3-year term. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this information collection.

We, the U.S. Fish and Wildlife Service, announce the availability of a Draft Environmental Assessment (DEA) evaluating the take of raptors from the wild for use in falconry and in raptor propagation. We have prepared this DEA as part of the process we must follow to finalize two rules under the National Environmental Policy Act.

This provides notice of the Federal Subsistence Board's in- season management actions to protect Chinook and sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest opportunity, and to protect steelhead in Cable Creek and its tributaries. The revised fishing schedule for the Chitina Subdistrict of the Copper River and the closure of the Cable Creek area provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 29, 2006. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2006 regulatory year.

We (Fish and Wildlife Service) will ask OMB to renew approval for our information collection associated with the importation or exportation of fish or wildlife. The current OMB control number for this information collection is 1018-0012, which expires on December 31, 2006. We will request that OMB renew approval of this information collection for a 3-year term. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this information collection.

The Fish and Wildlife Service announces that Final Comprehensive Conservation Plans and Findings of No Significant Impact for the above referenced refuges are available for distribution. The plans were prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describe how the refuges will be managed over the next 15 years.

The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI) as the sole natural resource trustee, announces the release for public review of the Draft Restoration Plan (RP) for the Cortese Landfill Superfund Site (Site). As a result of remedial activities and the off-site migration of Site-related contaminants, 1.6 acres of wetland were destroyed and/or degraded. Adversely affected natural resources include waterfowl, wading birds, hawks, woodpeckers, swallows, migratory songbirds, invertebrates, reptiles, and amphibians. In addition, the section of the Upper Delaware River watershed near the Site hosts the largest population of wintering bald eagles in the Northeast. The embayment provides feeding and/or spawning habitat for forage fish, American shad, striped bass, and American eel. The funds available from this settlement for restoration activities total approximately $85,000. The restoration project proposed in the Draft RP involves wet meadow/wetland restoration and protection. The Draft RP presents a preferred alternative consisting of a restoration project that compensates for impacts to natural resources caused by contaminant releases and remedial activities associated with the Site.

The U.S. Fish and Wildlife Service (Service) announces the availability of the Long Island National Wildlife Refuge (NWR) Complex Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA). It describes how we intend to manage the Long Island NWR Complex during the next 15 years. We prepared this Draft CCP/EA in conformance with the National Environmental Policy Act (NEPA) and the National Wildlife Refuge System Administration Act, as amended.

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) advise interested parties of their intent to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare an Environmental Impact Statement (EIS) related to a permit application from the City of Kent, WA, for the incidental take of listed species. The permit application would be associated with the Clark Springs Water Supply System Habitat Conservation Plan, in Rock Creek, near Kent, WA.

This notice advises that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and associated environmental documents for Pathfinder National Wildlife Refuge (NWR) in central Wyoming. The Service is furnishing this notice in compliance with Service CCP policy to advise other agencies and the public of its intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period and a public hearing on the proposed designation of critical habitat for the Perdido Key beach mouse (Peromyscus polionotus trissyllepsis), Choctawhatchee beach mouse (Peromyscus polionotus allophrys), and St. Andrew beach mouse (Peromyscus polionotus peninsularis) and the availability of the draft economic analysis of the proposed designation of critical habitat under the Endangered Species Act of 1973, 16 U.S.C. 1531, et seq. (Act). We are also using this comment period to modify the boundary of proposed critical habitat unit CBM-5 for Choctawhatchee beach mouse and PKBM-5 for Perdido Key beach mouse, correct an error made in the proposed rule, and solicit further comments on the proposed rule. The draft economic analysis finds that costs associated with conservation activities for the three beach mice are forecast to range from $60.4 million to $107.7 million in undiscounted dollars over the next 20 years. Adjusted for possible inflation, the costs would range from $56.3 million to $103.3 million over 20 years, or $3.8 million to $6.9 million annually using a three percent discount; or $52.5 million to $99.4 million over 20 years, or $5.0 million to $9.4 million annually using a seven percent discount rate. 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.

Notice is hereby given that the Wildlife Conservation Society (WCS), 2300 Southern Blvd., Bronx, NY 10460 (Dr. Howard C. Rosenbaum, Principal Investigator) has requested an amendment to scientific research Permit No. 31-1741/MA081663.

We, the Fish and Wildlife Service (Service), announce the availability of an EA and Habitat Conservation Plan (HCP)/Application for amendment to an issued incidental take permit. D & E Investments (permittee) requests an amendment to its ITP Number PRT-787172, which was issued in 1994 under the Endangered Species Act of 1973, as amended (Act), for the take of the Alabama beach mouse (Peromyscus polionotus ammobates) (ABM). The proposed take would be incidental to otherwise lawful activities, including the construction, occupancy, use, operation, and maintenance of a residential condominium at Kiva Dunes on the Fort Morgan Peninsula, in Baldwin County, Alabama.

We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species.

We, the U.S. Fish and Wildlife Service (Service), in cooperation with the State of Tennessee and Conservation Fisheries, Inc., a nonprofit organization, propose to reintroduce 15 mussels listed as endangered under section 4 of the Endangered Species Act of 1973, as amended (Act): Appalachian monkeyface (pearlymussel) (Quadrula sparsa), birdwing pearlymussel (Conradilla caelata = Lemiox rimosus), cracking pearlymussel (Hemistena or currently =Lastena lata), Cumberland bean (pearlymussel) (Villosa trabalis), Cumberlandian combshell (Epioblasma brevidens), Cumberland monkeyface (pearlymussel) (Quadrula intermedia), dromedary pearlymussel (Dromus dromas), fanshell (Cyprogenia stegaria), fine-rayed pigtoe (Fusconaia cuneolus), orangefoot pimpleback (pearlymussel) (Plethobasus cooperianus), oyster mussel (Epioblasma capsaeformis), ring pink (mussel) (Obovaria retusa), rough pigtoe (Pleurobema plenum), shiny pigtoe (Fusconaia cor), and white wartyback (pearlymussel) (Plethobasus cicatricosus); 1 endangered aquatic snail: Anthony's riversnail (Athearnia anthonyi); 2 endangered fishes: duskytail darter (Etheostoma percnurum) and pygmy madtom (Noturus stanauli); and 3 fishes listed as threatened under section 4 of the Act: slender chub (Erimystax cahni), spotfin chub (=turquoise shiner) (Erimonax monachus), and yellowfin madtom (Noturus flavipinnis) into their historical habitat in the free-flowing reach of the French Broad River below Douglas Dam to its confluence with the Holston River, Knox County, Tennessee, and in the free-flowing reach of the Holston River below Cherokee Dam to its confluence with the French Broad River. Based on the evaluation of species experts, none of these 21 species currently exist in these river reaches or their tributaries. These species are being reintroduced under the authority of section 10(j) of the Act and would be classified as a nonessential experimental population (NEP). The geographic boundaries of the proposed NEP would extend from the base of Douglas Dam (river mile (RM) 32.3 (51.7 kilometers (km)) down the French Broad River, Knox and Sevier Counties, Tennessee, to its confluence with the Holston River and then up the Holston River, Knox, Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)) and would include the lower 5 RM (8 km) of all tributaries that enter these river reaches. These proposed reintroductions are recovery actions and are part of a series of reintroductions and other recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the species' historical ranges. This proposed rule provides a plan for establishing the NEP and provides for limited allowable legal take of these 16 mollusks and 5 fishes within the defined NEP area. We have decided to include all 21 species in a single rulemaking to allow us to restore the aquatic ecosystem as quickly as possible as we bring each of these species on line in the propagation facilities. We have reasons to believe all of these species co-existed in the past, and also want the public to understand that all of these species will be reintroduced into the same stretch of river rather than being confused by 21 separate NEPs.

The Post Ranch Limited Partnership (Applicant) has applied to the Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The proposed permit would authorize take of the federally endangered Smith's blue butterfly (Euphilotes enoptes smithi) and federally threatened California red-legged frog (Rana aurora draytonii) incidental to otherwise lawful activities associated with the expansion and operation of an existing inn, which would remove 0.003 acre of Smith's blue butterfly habitat and 0.826 acre of California red-legged frog upland habitat within a 91.98 acre parcel in Big Sur, Monterey County, California. We invite comments from the public on the permit application, which is available for review. The application includes a Habitat Conservation Plan (HCP), that fully describes the proposed project and the measures that the applicant would undertake to minimize and mitigate anticipated take of the Smith's blue butterfly and California red-legged frog, as required in section 10(a)(2)(B) of the Act. We also invite comments on our preliminary determination that the HCP qualifies as a ``low-effect'' plan, eligible for a categorical exclusion under the National Environmental Policy Act. We explain the basis for this possible determination in a draft Environmental Action Statement, which is also available for public review.

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), are opening certain private lands within the boundaries of Kodiak National Wildlife Refuge in Alaska to public use with a permit. We are taking this action to comply with our commitments made under a Conservation Easement among the United States, the State of Alaska, and Koniag, Inc. The Conservation Easement furthers the missions of the Service and the National Wildlife Refuge System and the purposes of Kodiak National Wildlife Refuge. While the Conservation Easement encompasses more than 56,000 acres, the lands affected by this rule are only those easement lands within a \1/2\-mile band of land on either side of the Karluk River and lands within \1/2\ mile of the shoreline of Karluk Lake on Kodiak Island, Alaska. The rule will apply as long as the Conservation Easement is in place. Without this rule, the Service would fail to comply with the terms of the Conservation Easement.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered fat threeridge, shinyrayed pocketbook, Gulf moccasinshell, Ochlockonee moccasinshell, and oval pigtoe, and the threatened Chipola slabshell and purple bankclimber (collectively referred to as the seven mussels), pursuant to the Endangered Species Act of 1973, as amended (Act). We propose to designate 11 units encompassing approximately 1,864 kilometers (1,158 miles) of river and stream channels as critical habitat. Proposed critical habitat includes portions of the Econfina Creek drainage in Florida, the ApalachicolaChattahoocheeFlint River drainage in Alabama, Florida, and Georgia, the Ochlockonee River drainage in Florida and Georgia, and the Suwannee River drainage in Florida.