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

Notice of Intent To Conduct Public Scoping and Prepare an Environmental Impact Statement Regarding the Coyote Springs Investments Multiple Species Habitat Conservation Plan, Lincoln County, NV
Document Number: E6-15050
Type: Notice
Date: 2006-09-12
Agency: Fish and Wildlife Service, Department of the Interior
Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.), the Fish and Wildlife Service (Service) as the lead agency, advises the public that we intend to gather information necessary to prepare an Environmental Impact Statement (EIS) regarding the proposed Coyote Springs Investment LLC (Applicant) Multiple Species Habitat Conservation Plan (MSHCP) and issuance of an incidental take permit (Permit) for endangered and threatened species in accordance with section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant proposes to develop a planned community in southern Lincoln County and implement conservation features (Project). The Applicant intends to request a Permit for incidental take of federally listed threatened or endangered species, including desert tortoise (gopherus agassizii) as well as Evaluation List species. Evaluation List species include species that have been petitioned for listing; State-listed species; species that have been nominated for inclusion by technical specialists; and other species of concern that co-occur with federally listed species. The Service plans to refine the species list as a part of the scoping process. In accordance with the Act, the Applicant will prepare a MSHCP containing proposed measures to minimize and mitigate incidental take that could result from the Project. The Service provides this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected tribes, and the public of our intent to prepare an EIS; (3) announce the initiation of a 30-day public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIS. The proposed action is approval of the MSHCP and issuance of the Permit.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Rota Bridled White-Eye (Zosterops rotensis
Document Number: 06-7583
Type: Rule
Date: 2006-09-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Rota Bridled White-eye (Zosterops rotensis) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 3,958 acres (ac) (1,602 hectares (ha)) fall within the boundaries of the critical habitat designation on the Island of Rota, Commonwealth of the Northern Mariana Islands (CNMI).
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Marbled Murrelet
Document Number: 06-7437
Type: Proposed Rule
Date: 2006-09-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise currently designated critical habitat for the marbled murrelet (Brachyramphus marmoratus marmoratus) in Washington, Oregon, and California, under the Endangered Species Act of 1973, as amended (Act). We originally designated critical habitat for the marbled murrelet in Washington, Oregon, and California on May 24, 1996 (61 FR 26256). Since that time, we completed a 5-year status review of the marbled murrelet (USFWS 2004). This proposed rule is in response to a settlement agreement reached on January 13, 2003. In our proposal to revise the current designation of critical habitat for the marbled murrelet, we are proposing 3,590,642 acres (ac) (1,453,000 hectares (ha)) as critical habitat. We are further considering excluding 3,368,950 ac (1,363,300 ha) of these lands under section 4(b)(2) of the Act from the final designation. This action, if adopted in its entirety, would result in a final revised designation of approximately 221,692 ac (89,700 ha) of land being designated as critical habitat for the marbled murrelet, a reduction of approximately 3,666,108 ac (1,483,640 ha) from currently designated critical habitat. In this rule, we are further proposing to revise the entry in 50 CFR 17.11 concerning the scientific name of the marbled murrelet from Brachyramphus marmoratus marmoratus to Brachyramphus marmoratus to reflect recent taxonomic information.
Endangered and Threatened Wildlife and Plants; Review of Native Species That Are Candidates or Proposed for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions
Document Number: 06-7375
Type: Proposed Rule
Date: 2006-09-12
Agency: Fish and Wildlife Service, Department of the Interior
In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number to each species, or to remove species from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms, previously called candidate forms) for each candidate species. Overall, this CNOR recognizes 7 new candidates, changes the listing priority number for 24 candidates, and removes 10 species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR, the new number of species that are candidates for listing is 279. We request additional status information that may be available for the 279 candidate species identified in this CNOR. We will consider this information in preparing listing documents and future revisions to the notice of review, as it will help us in monitoring changes in the status of candidate species and in management for conserving them. We also request information on additional species that we should consider including as candidates as we prepare future updates of this notice. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period May 2, 2005, through August 23, 2006.
Issuance of Permits
Document Number: E6-15007
Type: Notice
Date: 2006-09-11
Agency: Fish and Wildlife Service, Department of the Interior
The following permits were issued.
Receipt of Applications for Permit
Document Number: E6-15006
Type: Notice
Date: 2006-09-11
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada Lynx
Document Number: 06-7579
Type: Proposed Rule
Date: 2006-09-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposal to designate critical habitat for the Contiguous United States Distinct Population Segment of the Canada lynx (Lynx canadensis), the availability of the draft economic analysis and draft environmental assessment of the proposed designation of critical habitat, and an amended Required Determinations section of the proposal. The draft economic analysis estimates the potential total future costs to range from $175 million to $889 million in undiscounted dollars over the next 20 years. Discounted future costs are estimated to be from $125 million to $411 million over 20 years ($8.38 million to $27.6 million annually) using a 3 percent discount rate, or $99.9 million to $259 million over 20 years ($9.43 million to $24.4 million annually) using a 7 percent discount rate. The amended Required Determinations section provides our determination concerning compliance with applicable statues and Executive Orders that we have deferred until the information from the draft economic analysis of this proposal was available. We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rule, the associated draft economic analysis and draft environmental assessment, and the amended Required Determinations section.
Notice of Intent to Conduct Public Scoping Meeting and Prepare an Environmental Document for the Stanford University Habitat Conservation Plan, Palo Alto, CA
Document Number: 06-7572
Type: Notice
Date: 2006-09-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service and National Marine Fisheries Service (Services) advise interested parties of their intent to conduct public scoping meeting under the National Environmental Policy Act (NEPA) necessary to gather information to prepare an environmental assessment (EA) or environmental impact statement (EIS), (collectively referred to as ``environmental document''). The Services anticipate permit applications from Stanford University (Stanford) submitted under the Endangered Species Act (ESA) for the incidental take of federally listed species. The permit applications would be associated with the Stanford University Habitat Conservation Plan (Plan) at Stanford in Palo Alto, CA. We provide this notice to: describe the proposed Plan and possible alternatives; advise other Federal and state agencies, affected Tribes, and the public of our intent to prepare an environmental document; announce the initiation of a public scoping period; obtain information to assist the Services in determining whether to write an EA or EIS; and obtain suggestions and information on the scope of issues to be included in the environmental document.
Proposed John W. Starr Memorial Forest, Mississippi State University Red-Cockaded Woodpecker Safe Harbor Agreement, Oktibbeha and Winston Counties, MS
Document Number: E6-14868
Type: Notice
Date: 2006-09-08
Agency: Fish and Wildlife Service, Department of the Interior
Mississippi State University (MSU 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 (Agreement) for the endangered red-cockaded woodpecker (Picoides borealis) (RCW) for a period of 20 years. If approved, the Agreement would allow the Applicant to establish and enhance RCW habitat on the John W. Starr Memorial Forest (JSMF). We announce the opening of a 30-day comment period and request comments from the public on the Applicant's ESP application, the accompanying proposed Agreement, and the supporting Environmental Action Statement (EAS) Screening Form.
Proposed Joint Programmatic Candidate Conservation Agreement with Assurances and Safe Harbor Agreement for Select Species in the Upper Little Red River Watershed, Arkansas
Document Number: E6-14867
Type: Notice
Date: 2006-09-08
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that the Fish and Wildlife Service's Arkansas Ecological Service Field Office (ARFO), Arkansas Game and Fish Commission (AGFC), Natural Resources Conservation Service (NRCS), and The Nature Conservancy (TNC), have applied to the Fish and Wildlife Service (we or Service) for an enhancement of survival permit (permit) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposal that combines a Candidate Conservation Agreement with Assurances (CCAA) for the candidate yellowcheek darter (Etheostoma moorei; YCD) with a Safe Harbor Agreement (SHA) for the federally endangered speckled pocketbook (Lampsilis streckeri; SPB)jointly referred to as the ``Agreement.'' The term of the Agreement will be 30 years. If approved, the Agreement would allow the Applicants to issue Certificates of Inclusion (CI) throughout the upper Little Red River Watershed in Arkansas to eligible non-Federal landowners that complete an approved Property Owner Management Agreement (POMA). We announce the opening of a 30-day comment period and request comments from the public on the Applicant's permit application, the accompanying proposed Agreement, and the supporting National Environmental Policy Act (NEPA) documentation.
Endangered and Threatened Wildlife and Plants; 5-Year Review of 14 Southeastern Species
Document Number: E6-14866
Type: Notice
Date: 2006-09-08
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service announces 5-year reviews of the Alabama beach mouse (Peromyscus polionotus ammobates), eastern indigo snake (Drymarchon corais couperi), Red Hills salamander (Phaeognathus hubrichti), Ozark cavefish (Amblyopsis rosae), bayou darter (Etheostoma rubrum), southern combshell (Epioblasma = Dysnomia penita), Arkansas fatmucket (Lampsilis powelli), Louisiana pearlshell (Margaritifera hembeli), black clubshell (Pleurobema curtum), flat pigtoe (Pleurobema marshalli), heavy pigtoe (Pleurobema taitianum), stirrupshell (Quadrula stapes), Kral's water-plantain (Sagittaria secundifolia), and Alabama streak-sorus fern (Thelypteris pilosa var. alabamensis) under section 4(c)(2) of the Endangered Species Act of 1973, 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.
Marine Mammals and Endangered Species; National Marine Fisheries Service File No. 116-1691; U.S. Fish and Wildlife Service File No. PRT-062475
Document Number: 06-7521
Type: Notice
Date: 2006-09-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
Notice is hereby given that Sea World, Inc., 7007 Sea World Drive, Orlando, Florida 32821 (Todd Robeck, D.V.M., Ph.D., Responsible Party and Principal Investigator) has been issued a permit to collect, receive, import, and export marine mammal specimens for scientific research purposes.
Notice of intent To Prepare a Comprehensive Conservation Plan and Environmental Assessment for Tensas River National Wildlife Refuge in Madison, Tensas, and Franklin Parishes, LA
Document Number: 06-7503
Type: Notice
Date: 2006-09-08
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment for Tensas River National Wildlife Refuge, 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 mandate, 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 machine 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.
Draft Template Safe Harbor Agreement, Draft Environmental Assessment, and Receipt of Applications for Enhancement of Survival Permits
Document Number: E6-14773
Type: Notice
Date: 2006-09-07
Agency: Fish and Wildlife Service, Department of the Interior
As part of ongoing recovery efforts for the endangered Columbia Basin distinct population segment of the pygmy rabbit (Brachylagus idahoensis), this notice advises the public that the U.S. Fish and Wildlife Service (Service or we), in cooperation with the Washington Department of Fish and Wildlife (WDFW), is making available for public review and comment a draft Template Safe Harbor Agreement (Agreement). The proposed Agreement addresses incidental take of Columbia Basin pygmy rabbits (CBPR) that could result from activities associated with ranching, farming, recreation, residential upkeep, conservation programs, and shrub steppe maintenance, restoration, and enhancement on an undeterminable number of non-Federal properties. The area covered by the proposed Agreement (Covered Area) includes portions of 6 counties in central Washington and totals approximately 2,650,000 acres. However, eligible properties that occur within the Covered Area and are most likely to be enrolled under the Agreement would primarily include those that have existing shrub steppe habitat and/or soil conditions that may be capable of supporting the species, either currently or in the foreseeable future. These lands, as well as adjacent properties that may receive intermittent use by CBPRs, such as for exploratory behavior or dispersal between suitable habitats, total approximately 750,000 acres. Implementation of the proposed Agreement would provide the opportunity for interested non-Federal and non-WDFW landowners and managers to voluntarily enroll their lands under the Agreement and receive an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). In exchange for the incidental take authority that would be provided by issuance of permits, participants who enroll their lands under this Agreement would implement conservation measures that would be expected to provide a net conservation benefit to the CBPR. The duration of the proposed Agreement is 20 years. The duration of associated permits could be for shorter periods, but would not exceed the duration of the Agreement. More detailed descriptions of the background biological information, Covered Area, proposed covered activities, conservation measures, and expected net conservation benefits are provided in the draft Agreement and in the SUPPLEMENTARY INFORMATION section below. This also announces the receipt and availability for public review and comment three applications for incidental take permits for the enhancement of survival for the CBPR in conjunction with the Agreement. These applications have been received from The Nature Conservancy, Mr. Dave Billingsley and Mr. Peter Lancaster (Applicants). Issuance of these permits would authorize incidental take of CBPRs above the existing baseline conditions of enrolled properties that may result from the Applicants' proposed activities. Additional applications are expected in the near future from other non-Federal and non-WDFW landowners and managers who propose to enroll their lands under the Agreement. Future applications received by the Service from other prospective participants to the Agreement will be provided for public review in future notices. In accordance with Service responsibilities pursuant to the National Environmental Policy Act (NEPA), this notice also announces the availability, for public review, of a draft Environmental Assessment (EA) developed in conjunction with the proposed Agreement. We request comments from the public on the proposed Agreement, current permit applications, and the draft EA, all of which are available for public review and comment. To review the documents, see ``Availability of Documents'' in the SUPPLEMENTARY INFORMATION section below.
Receipt of Applications for Permit
Document Number: E6-14765
Type: Notice
Date: 2006-09-07
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Issuance of Permits
Document Number: E6-14764
Type: Notice
Date: 2006-09-07
Agency: Fish and Wildlife Service, Department of the Interior
The following permits were issued.
Northwestern Hawaiian Islands Marine National Monument
Document Number: C6-7235
Type: Rule
Date: 2006-09-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
Notice of Availability of the Recovery Plan for the Endangered Spring Creek Bladderpod (Lesquerella perforata)
Document Number: E6-14689
Type: Notice
Date: 2006-09-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of the final recovery plan for the endangered Spring Creek bladderpod (Lesquerella perforata). This species is an annual plant endemic to the Central Basin in Tennessee. It is currently known from only three watersheds (Spring Creek, Bartons Creek, and Cedar Creek) in Wilson County, Tennessee. The recovery plan includes specific recovery objectives and criteria to downlist this species to threatened status and delist it under the Endangered Species Act of 1973, as amended (Act).
Issuance of Permits
Document Number: E6-14684
Type: Notice
Date: 2006-09-06
Agency: Fish and Wildlife Service, Department of the Interior
The following permits were issued.
Receipt of Applications for Permit
Document Number: E6-14682
Type: Notice
Date: 2006-09-06
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.
Proposed Safe Harbor Agreement for the California Red-Legged Frog and the California Tiger Salamander for Landowners Restoring and Enhancing Stock Ponds in Alameda County, CA
Document Number: E6-14630
Type: Notice
Date: 2006-09-05
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that the Alameda County Resource Conservation District (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 of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the Applicant and the Service for the threatened California red-legged frog (CRLF) (Rana aurora draytonii) and the California tiger salamander (CTS) (Ambystoma californiense). The Agreement and permit application are available for public comment.
Injurious Wildlife Species; Silver Carp (Hypophthalmichthys molitrix) and Largescale Silver Carp (Hypophthalmichthys harmandi)
Document Number: 06-7416
Type: Proposed Rule
Date: 2006-09-05
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service proposes to add all forms (diploid and triploid) of live silver carp (Hypophthalmichthys molitrix), gametes, eggs, and hybrids; and all forms (diploid and triploid) of live largescale silver carp (Hypophthalmichthys harmandi), gametes, eggs, and hybrids to the list of injurious fish, mollusks, and crustaceans under the Lacey Act. This listing would have the effect of prohibiting the importation and interstate transportation of any live animal, gamete, viable egg, or hybrid of the silver carp and largescale silver carp, without a permit in limited circumstances. The best available information indicates that this action is necessary to protect the interests of human beings, and wildlife and wildlife resources, from the purposeful or accidental introduction and subsequent establishment of silver carp and largescale silver carp populations in ecosystems of the United States.
Proposed Safe Harbor Agreement for the California Red-Legged Frog for Landowners Restoring Aquatic and Riparian Habitat in the Cottonwood Creek Watershed in Shasta and Tehama Counties, California
Document Number: 06-7402
Type: Notice
Date: 2006-09-05
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that the Cottonwood Creek Watershed Group (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 of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the Applicant and the Service for the threatened California red-legged frog (CRLF) (Rana aurora draytonii). The Agreement and permit application are available for public comment.
Endangered and Threatened Species Permit Applications
Document Number: 06-7400
Type: Notice
Date: 2006-09-05
Agency: Fish and Wildlife Service, Department of the Interior
The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.
Notice of Boundary Expansion, James Campbell National Wildlife Refuge, Oahu, HI
Document Number: E6-14619
Type: Notice
Date: 2006-09-01
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that Congress has enacted the ``James Campbell National Wildlife Refuge Expansion Act of 2005'' (Act). The Act authorizes an expansion of the James Campbell National Wildlife Refuge's (Refuge) approved boundary by approximately 750 acres, resulting in a revised Refuge boundary encompassing approximately 1,100 acres. This notice is being furnished consistent with section 4(c)(2) of the Act.
Final Comprehensive Conservation Plan and Environmental Impact Statement for Crab Orchard National Wildlife Refuge (NWR), Williamson, Jackson, and Union Counties, IL
Document Number: E6-14561
Type: Notice
Date: 2006-09-01
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) is available for Crab Orchard National Wildlife Refuge. The Final CCP/EIS 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.
St. Catherine Creek National Wildlife Refuge
Document Number: 06-7381
Type: Notice
Date: 2006-09-01
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for St. Catherine Creek 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 over the next 15 years.
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