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

Nevada Department of Wildlife (Applicant) has applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed programmatic Safe Harbor Agreement (SHA) between the Applicant and the Service. The SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and long-recovery of razorback sucker (Xyrauchen texanus) and bonytail chub (Gila elegans) within Clark County, Nevada. The proposed duration of both the SHA and permit is 50 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement, which also is available for public review.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final Holmgren milk-vetch (Astragalus holmgreniorum) and Shivwits milk-vetch (Astragalus ampullarioides) recovery plan. These species are federally listed as endangered under the Endangered Species Act of 1973, as amended (Act).

We, the Fish and Wildlife Service (Service), announce a meeting of the Lake Champlain Sea Lamprey Control Alternatives Workgroup (Workgroup). The Workgroup's purpose is to provide, in an advisory capacity, recommendations and advice on research and implementation of sea lamprey control techniques alternative to lampricide that are technically feasible, cost effective, and environmentally safe. Primary objectives of the meeting will be to identify research initiatives that may enhance alternative sea lamprey control techniques, and to explore the significance of larval sea lamprey populations that occur in delta habitats rather than stream habitats. 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 list Usnea longissima (a lichen) in California as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review and evaluation, we find that there is not substantial scientific or commercial information to demonstrate that the California populations of U. longissima are a discrete and listable entity under the Act. Therefore, we have determined that the petition does not provide substantial information to indicate that the petitioned action may be warranted, and we will not be initiating a further status review of this species in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of U. longissima or threats to it.

We, the U.S. Fish and Wildlife Service (Service), announce availability of the approved recovery plan for the Hungerford's crawling water beetle (Brychius hungerfordi), a species that is federally listed as endangered under the Endangered Species Act of 1973, as amended (Act).

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final recovery plan for the sentry milk-vetch (Astragalus cremnophylax var. cremnophylax). Three populations of this endangered plant are known to occur on land managed by the National Park Service in the Grand Canyon National Park (Park) in Coconino County, Arizona.

The Fish and Wildlife Service announces 5-year reviews of the Anastasia Island beach mouse (Peromyscus polionotus phasma), Choctawhatchee beach mouse (Peromyscus polionotus allophrys), Perdido Key beach mouse (Peromyscus polionotus trissyllepsis), Lower Keys marsh rabbit (Sylvilagus palustris hefneri), Everglade snail kite (Rostrhamus sociabilis plumbeus), wood stork (Mycteria americana), Culebra giant anole (Anolis roosevelti), bluetail mole skink (Eumeces egregius lividus), sand skink (Neoseps reynoldsi), golden coqui (Eleutherodactylus jasperi), purple bankclimber (Elliptoideus sloatianus), Gulf moccasinshell (Medionidus penicillatus), Ochlockonee moccasinshell (Medionidus simpsonianus), oval pigtoe (Pleurobema pyriforme), shinyrayed pocketbook (Lampsilis subangulata), Chipola slabshell (Elliptio chipolaensis), fat three-ridge (Amblema neislerii), Crenulate lead-plant (Amorpha crenulata), Catesbaea melanocarpa (no common name), Garber's spurge (Chamaesyce garberi), Etonia rosemary (Conradina etonia), Cordia bellonis (no common name), Avon Park harebells (Crotalaria avonensis), beautiful goetzea (Goetzea elegans), Lepanthes eltoroensis (no common name), Mitracarpus maxwelliae (no common name), Mitracarpus polycladus (no common name), Peperomia wheeleri (no common name), wide-leaf warea (Warea amplexifolia), elfin tree fern (Cyathea dryopteroides), Elaphoglossum serpens (no common name), Polystichum calderonense (no common name), Tectaria estremerana (no common name), Thelypteris inabonensis (no common name), Thelypteris verecunda (no common name) and Thelypteris yaucoensis (no common name), and Florida perforate cladonia (Cladonia perforata) under section 4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended (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 (50 CFR 17.11 and 17.12) is accurate. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

The following permit was issued.

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

We, the Federal Subsistence Board, are extending the comment period through November 9, 2006, on the proposed rule that would amend the regulations governing subsistence use of fish and wildlife in Alaska by creating an additional subsistence resource region for the Kenai Peninsula.

We, the Federal Subsistence Board, are withdrawing the direct final rule that would have amended the regulations governing subsistence use of fish and wildlife in Alaska by creating an additional subsistence resource region for the Kenai Peninsula. We predicate this withdrawal on the fact that we have received significant adverse comments, specifically relating to the lack of public input on this issue.

Boy Scouts of America/Capital Area Council (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 15 years, includes a draft Safe Harbor Agreement (SHA) for the endangered Houston toad (Bufo houstonensis) in Bastrop County, Texas. We invite public comment.

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

We, the U.S. Fish and Wildlife Service (Service), have reconsidered whether designating critical habitat for Trichostema austromontanum ssp. compactum, a plant, is prudent. This taxon was listed as threatened under the Endangered Species Act of 1973, as amended (Act), on September 14, 1998; at that time we determined that designation of critical habitat was not prudent because designation would increase the degree of threat to the taxon and would not benefit the taxon. As a consequence of a settlement agreement we are withdrawing our previous not prudent finding. Further, on the basis of our review and evaluation of the best scientific and commercial information available, we believe that designation of critical habitat continues to be not prudent for T. a. ssp. compactum. As a result, we are proposing a new ``not prudent'' determination for T. a. ssp. compactum.

Mark III Engineering Contractors of Sacramento, California (the Applicant), has applied to the Fish and Wildlife Service (Service) for a 5-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 threatened valley elderberry longhorn beetle (Desmocerus californicus dimorphus) associated with grading a 6.48-acre project site and construction of the Offices at Parkshore, a 9-building office complex off Parkshore Drive in the Lake Forest Technical Center, Folsom, Sacramento County, California. The Applicant would implement a conservation program to minimize and mitigate for the project activities, as described in the Low-Effect Habitat Conservation Plan for the Offices at Parkshore (Plan). We request comments on the permit application and Plan, and on the Service's preliminary determination that the Plan qualifies as a ``low- effect'' habitat conservation plan, eligible for a Categorical Exclusion under the National Environmental Policy Act of 1969, as amended (NEPA). The basis for the Categorical Exclusion determination is discussed in the Service's Environmental Action Statement (EAS), which is also available for public review.

The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2006-07 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 23, 2006. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.

The U.S. Fish and Wildlife Service (``we'') announces the availability of the Draft Recovery Plan for Listed Species of the Rogue Valley Vernal Pool and Illinois Valley Wet Meadow Ecosystems for public review and comment.

We, the U.S. Fish and Wildlife Service (Service, we), will be developing a Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) for the Julia Butler Hansen Refuge for the Columbian White-tailed Deer and the Lewis and Clark National Wildlife Refuge (Refuges). We also announce four public open house meetings. We furnish this notice in order to advise other agencies and the public of our intentions and obtain public comments, suggestions, and information on the scope of issues to include in the Refuges' CCP/EIS.

Mr. Harlow Brown (Applicant/Cooperator) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit (ESP) for the Utah prairie dog (UPD) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). This permit application includes a Safe Harbor Agreement (SHA) between the Applicant and the Service. The Service requests information, views, and opinions from the public via this notice. Further, the Service is soliciting information regarding the adequacy of the SHA as measured against the Service's Safe Harbor Policy and the regulations that implement it.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection described below. 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 a 5- year review of Kendall Warm Springs dace (Rhinichthys osculus thermalis), Dudley Bluffs bladderpod (Lesquerella congesta), and Dudley Bluffs twinpod (Physaria obcordata) under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under section 4(c)(2) 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 availability of the Recovery Plan for Camissonia benitensis (San Benito evening-primrose). This plant species is found primarily in the Clear Creek Management Area (CCMA) in San Benito County, California; the CCMA is managed by the Hollister Field Office of the Bureau of Land Management.

We, the U.S. Fish and Wildlife Service (the Service), are extending the comment for the draft Environmental Assessment (DEA) on take of raptors from the wild for falconry and for captive propagation. Comments on the DEA previously submitted need not be resubmitted, because they have been incorporated into the public record and will be fully considered in the revisions of the DEA.

We, the U.S. Fish and Wildlife Service, announce the availability of the Recovery Plan for Phlox hirsuta (Yreka Phlox). This plant is a narrow endemic known only from the vicinity of the City of Yreka, Siskiyou County, California.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the southern California distinct population segment of the mountain yellow-legged frog (Rana muscosa) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 8,283 acres (ac) (3,352 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Los Angeles, San Bernardino, and Riverside Counties, California.