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

This provides notice of the Federal Subsistence Board's in- season management action to remove closure restrictions on non- Federally qualified users in the Red Sheep and Cane Creek drainages of the Arctic Village Sheep Management Area. The Board's action provides an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on June 30, 2006. Those regulations established seasons, harvest limits, methods, and means relating to the taking of wildlife for subsistence uses during the 2006 regulatory year.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Choctaw 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. It describes how the refuge will be managed for the next 15 years.

NOAA and the USFWS are issuing final regulations for the Northwestern Hawaiian Islands Marine National Monument. This action codifies the prohibitions and management measures set forth in Presidential Proclamation 8031 establishing the Monument. The rule is effective immediately.

The City of Palm Bay (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 prepared a Habitat Conservation Plan (HCP) identifying anticipated impacts to two federally-listed threatened species, the Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) and the eastern indigo snake (Drymarchon corais couperi). The Applicant also requests incidental take authorization for the gopher tortoise (Gopherus polyphemus) in the event this species becomes federally-listed as either threatened or endangered during the 30-year term of the requested ITP. Take of these species is anticipated as a result of residential, commercial, industrial, and municipal construction projects and associated infrastructure within the city limits of the City of Palm Bay. The Applicant's HCP describes the mitigation and minimization measures proposed to address the effects of urban development on the scrub-jay, eastern indigo snake, and gopher tortoise. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.

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

We, the Fish and Wildlife Service, have received applications from Alabama South Pools, Ms. Debbie Bankster, Baron Investments, Mr. Horton Bateman, BIOA LLC, Mr. Christopher Celeslie, Mr. Claud Clark, Mr. Robin Crick, Mr. Lawrence Dalgo, Mr. Erik Daniels, Mr. William Erwin, Mr. Mark Freeman, Mr. Mike Halliday, Mr. Leo Hastings, Harrison Building, Mr. Walter Lindsey, Mr. William Lingsch, Mr. Brian Litton, LK&K LLC, Mr. Michael Llop, Mr. Danny Mason, Mr. Lannie McRill, Mr. Michael Molleston, Mr. Johnny Moore, Ms. Margaret Pickering, Mr. Robert Relinski, Mr. Michael Sciortino Sr., Mr. Preston Simmons, Mr. Claude Sims, Mr. Gary Smith, Mr. Ron Spivey, Mr. Mike Stoddard, Mr. Larkin Strong, Mr. Robert Susko, TBI LLC, Mr. John Wales, and Mr. Kenneth Wallis (applicants) for incidental take permits (ITPs) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (Act), as amended for the take of Alabama beach mouse (Peromyscus polionotus ammobates) (ABM). The proposed take would be incidental to the otherwise lawful activity of constructing 32 single- family residences, 13 duplex residences, and expansion of 3 existing residences on the Fort Morgan Peninsula in Baldwin County, Alabama. The applicants have prepared Habitat Conservation Plans (HCPs) 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. We have prepared an environmental assessment (EA), which assesses the impacts of the proposed actions.

The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2006-07 late-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.

The Texas Parks and Wildlife Department (TPWD) (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. The permit application includes a draft 20-year Candidate Conservation Agreement with Assurances (CCAA) between the Service and TPWD for the Lesser Prairie-Chicken in 50 Texas counties. We request public comment.

We, the Fish and Wildlife Service, announce the availability of an application, environmental assessment (EA), and Habitat Conservation Plan (HCP) for the taking Perdido Key beach mice (Peromyscus polionotus trissyllepsis) incidental to construction, and occupancy of a single-family residence on Perdido Key in Escambia County, Florida (Project). Mr. Norton Bond (Applicant) requests an incidental take permit (ITP) for a 30-year period pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), 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 that a Final Comprehensive Conservation Plan/Environmental Impact Statement (Final CCP/EIS) for the Sweetwater Marsh and South San Diego Bay Units of the San Diego Bay National Wildlife Refuge is available for review. This Final CCP/EIS has been prepared pursuant to the National Environmental Policy Act of 1969 and is designed to address the Service's obligation under the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997. The Final CCP/EIS describes the Service's proposal for managing these Refuge Units over the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Rachel Carson National Wildlife Refuge (NWR) Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA). It describes how we intend to manage Rachel Carson NWR 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 (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2006-07 migratory bird hunting season.

This document provides notice that we, the U.S. Fish and Wildlife Service, issued a permit for the incidental take of the Preble's meadow jumping mouse (Zapus hudsonius preblei), a threatened species, on the Struthers Ranch Property in El Paso County, Colorado.

We, the Fish and Wildlife Service (Service), under the Endangered Species Act (Act), as amended, create a special rule for the southwest Alaska distinct population segment (DPS) of the northern sea otter (Enhydra lutris kenyoni). This DPS of the northern sea otter is listed as threatened under the Act. This special rule allows for the limited, noncommercial import and export of items that qualify as authentic native articles of handicrafts and clothing that were derived from sea otters legally taken for subsistence purposes by Alaska Natives from the listed population. This special rule also allows for cultural exchange by Alaska Natives and activities conducted by persons registered as an agent or tannery under existing law. We also amend our definition of ``Authentic native articles of handicrafts and clothing'' by striking the stipulation that such items were commonly produced on or before December 28, 1973. This definition change is appropriate in light of a court ruling on the Service's definition of ``Authentic native articles of handicrafts and clothing'' and consistent with our current definition of ``Authentic native articles of handicrafts and clothing'' under the Marine Mammal Protection Act (MMPA) of 1972.

We, the Fish and Wildlife Service (Service), announce the availability of Habitat Conservation Plans (HCPs)/applications for five incidental take permits (ITPs). Maronda Homes, Inc., of Florida (Applicant) requests five ITPs, two for a 1-year term and three for a 10-year term, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 1.09 acres combined of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of five single-family homes and supporting infrastructure in Brevard County, Florida (Projects). The destruction of 1.09 acres of foraging and sheltering habitat is expected to result in the take of three families of scrub-jays. The Applicant's HCPs describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub- jay.

The following permit was issued.

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

We, the U.S. Forest Service and U.S. Fish and Wildlife Service, are amending the regulations governing subsistence use of fish and wildlife in Alaska by creating an additional subsistence resource region for the Kenai Peninsula. This addition of a separate subsistence resource region will allow for the creation of a separate Federal subsistence regional advisory council for that region. A new regional council responsible for only the Kenai Peninsula area will better ensure that residents with personal knowledge of the Kenai Peninsula area will have a meaningful role in the complex issues and management challenges of subsistence management on the Federal lands of the Kenai Peninsula.

This rule would revise the list of nonrural areas identified by the Federal Subsistence Board (Board, we, us). Areas determined to be nonrural are not eligible to participate in the Federal Subsistence Management Program on Federal public lands in Alaska. We propose to change Adak's status to rural. We also propose to add Prudhoe Bay and the Kodiak Area, including the City of Kodiak, the Mill Bay area, Womens Bay, Bell's Flats, and the Coast Guard Station to the list of nonrural areas. The following areas would continue to be nonrural, but we propose changes in their boundaries: the Kenai Area; the Wasilla/ Palmer Area, including Point McKenzie; the Homer Area, including Fritz Creek East (except Voznesenka) and the North Fork Road area; and the Ketchikan Area. We propose no other changes in status. However, new information could lead to changes not proposed at this time.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Hermes copper butterfly (Hermelycaena [Lycaena] hermes) as an endangered species under the Endangered Species Act of 1973, as amended. We find the petition does not present substantial scientific or commercial information indicating that listing the Hermes copper butterfly may be warranted. Therefore, are not 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 the species or threats to it.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Casey's June beetle (Dinacoma caseyi) as endangered under the Endangered Species Act of 1973, as amended (Act). We find the petition presents substantial scientific information indicating that listing the Casey's June beetle as endangered may be warranted. Therefore, with the publication of this notice, we are initiating a status review, and we will issue a 12-month finding on the petition to list the Casey's June beetle announcing our determination of whether listing the species as endangered is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period, a public hearing on the proposed revision of critical habitat for the Alabama beach mouse (Peromyscus polionotus ammobates) (ABM), and the availability of the draft economic analysis of the proposed designation of critical habitat under the Endangered Species Act of 1973, as amended (Act). We are also using this comment period to correct minor acreage calculation errors in the February 1, 2006, proposed rule (71 FR 5516), announce the inclusion of an additional 6 acres (distributed among proposed critical habitat units 1, 2, and 3), and solicit further comments on the proposed rule. The draft economic analysis forecasts that costs associated with conservation activities for the ABM would range from $18.3 million to $51.8 million in undiscounted dollars over the next 20 years. Adjusted for possible inflation, the costs would range from $16.1 million to $46.8 million over 20 years, or $1.1 million to $3.1 million annually using a 3 percent discount; or $14.2 million to $41.7 million over 20 years, or $1.3 million to $3.9 million annually using a 7 percent discount. We are reopening the public 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 and fully considered in preparation of the final rule.

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare a Supplemental Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the consideration of a Habitat Conservation Plan and application for an incidental take permit, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended (ESA), including consideration of conservation measures for State-listed species to address the effects of the conservation and transfer of water from Imperial Irrigation District (IID) to the San Diego County Water Authority (SDCWA) and Coachella Valley Water District (CVWD). The Habitat Conservation Plan will cover a broad array of activities including: water conservation, water conveyance and drainage, operation and maintenance of the water conveyance system, system improvements, miscellaneous activities, and third party activities required to achieve the conservation and transfer of up to 200,000 acre-feet of water per year to the SDCWA and 100,000 acre-feet per year to the CVWD, and to meet the voluntary cap on IID's water use of 3.1 million acre- feet per year from the Colorado River. The IID (Applicant) intends to request an incidental take permit for up to 96 listed and unlisted species of concern under specific provisions of the permit. In the case of unlisted species, the permit would provide coverage should these species be listed in the future. The Service provides this notice pursuant to the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the NEPA. The purpose of the Supplemental EIS/EIR is to provide any additional environmental assessment required to evaluate additions and changes to the Water Conservation and Transfer Project (Project) that have occurred since the approval of the Final EIS/EIR by the Bureau of Reclamation (Federal lead agency for the Project) and to support the application for an incidental take permit pursuant to section 10(a)(1)(B) of the ESA by the Service. The Service is seeking suggestions and information from other agencies, affected tribes, and the public on the scope of issues to be considered in preparation of the Supplemental EIS/EIR. To satisfy both Federal and State environmental policy requirements, the Service as Federal lead agency and the IID as State lead agency under the California Environmental Quality Act (CEQA) are conducting this joint scoping process for the preparation of the supplemental environmental document.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to prepare a Comprehensive Conservation Plan (CCP) for the Ridgefield National Wildlife Refuge (Refuge), and announces two public open house meetings. The Refuge is located in Clark County, Washington. The Service is furnishing this notice to: advise other agencies and the public of our intentions; and obtain suggestions and information on the scope of issues to include in the CCP and associated environmental compliance document.

The Fish and Wildlife Service (Service) has developed regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walrus during year-round oil and gas industry (Industry) exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period are similar to, and include all activities covered by the previous 16- month Beaufort Sea incidental take regulations that were effective from November 28, 2003, through March 28, 2005 (68 FR 66744, November 28, 2003). This rule is effective for 5 years from date of issuance. We find that the total expected takings of polar bear and Pacific walrus during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. We base this finding on the results of 12 years of data on the encounters and interactions between polar bears, Pacific walrus, and Industry; recent studies of potential effects of Industry on these species; and oil spill risk assessments using oil spill trajectory models, polar bear density models, potential and documented Industry impacts on these species, and models to determine the likelihood of impacts to polar bears should an accidental oil release occur.

The Trinity Adaptive Management Working Group (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; science framework; TAMWG Charter renewal; Executive Director's report; reports from Trinity River Restoration Program workgroups; Klamath River conditions and Klamath-Trinity management coordination: restoration experience on Clear Creek; and Central Valley Project Improvement Act (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.

Duke Construction Corporation (Applicant) requests an incidental take permit (ITP) for a duration of two years pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 0.77 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and potential nesting habitat incidental to lot preparation for the construction of three single-family homes and supporting infrastructure, over a two-year term, in Brevard County, Florida (Project). The destruction of 0.77 acre of foraging, sheltering, and possibly nesting habitat is expected to result in the take of one family of scrub-jays. 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.

This provides notice of the Federal Subsistence Board's in- season management actions to protect Chinook salmon escapement in the Unalakleet River, and to provide additional subsistence harvest opportunities for Chinook salmon in the Yukon River and for sockeye salmon in the Copper River. The revised fishing schedule for the Chitina Subdistrict of the Copper River, the additional fishing time on the Yukon River, and the closure of the Unalakleet River provide exceptions 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, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to establish the northern Rocky Mountain (NRM) gray wolf (Canis lupus) population as a Distinct Population Segment (DPS) and to remove the NRM gray wolf DPS from the Federal List of Endangered and Threatened Wildlife, under the Endangered Species Act of 1973, as amended (ESA). After review of all available scientific and commercial information, we find that the petitioned action is not warranted. We have determined that Wyoming State law and its wolf management plan do not provide the necessary regulatory mechanisms to assure that Wyoming's numerical and distributional share of a recovered NRM wolf population would be conserved if the protections of the ESA were removed.