Fish and Wildlife Service October 2006 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Wildlife and Plants; Critical Habitat Designation for the Cape Sable Seaside Sparrow
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the endangered Cape Sable seaside sparrow (Ammodramus maritimus mirabilis) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 156,350 acres (ac) (63,273 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Miami-Dade and Monroe counties, Florida.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fender's blue butterfly (Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette daisy)
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Fender's blue butterfly (Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette daisy) pursuant to the Endangered Species Act of 1973, as amended (Act). Approximately 3,010 acres (ac) (1,218 hectares (ha)) for Fender's blue butterfly in Benton, Lane, Polk, and Yamhill Counties, Oregon; 585 ac (237 ha) for L. sulphureus ssp. kincaidii in Benton, Lane, Polk, and Yamhill Counties, Oregon, and Lewis County, Washington; and 718 ac (291 ha) for E. decumbens var. decumbens in Benton, Lane, Linn, Marion, and Polk Counties, Oregon, fall within the boundaries of the critical habitat designation.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0124; Migratory Bird Subsistence Harvest Household Survey
We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. This ICR is scheduled to expire on October 31, 2006. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Pelican Island National Wildlife Refuge
The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Pelican Island 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. The compatibility determinations for fishing, environmental education and interpretation, wildlife observation, wildlife photography, research, mosquito control, interim citrus grove management, and commercial ecotour operations are also available within the plan.
Notice of Intent To Prepare a Comprehensive Conservation Plan and Environmental Assessment for Wolf Island National Wildlife Refuge Located Off the Coast of Darien, GA, in McIntosh County
The Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment for Wolf Island 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 is 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.
Notice of Intent To Prepare a Comprehensive Conservation Plan for Cape Meares, Oregon Islands and Three Arch Rocks National Wildlife Refuges
This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to prepare a Comprehensive Conservation Plan (CCP) for the Cape Meares, Oregon Islands and Three Arch Rocks National Wildlife Refuges (Refuges); and announces five public open house meetings. The Refuges are located in Clatsop, Tillamook, Lincoln, Lane, Coos and Curry Counties in Oregon. We are furnishing this notice to advise the public and other agencies of our intentions and obtain public comments, suggestions, and information on the scope of issues to include in the CCP.
Notice of Availability, Draft Restoration Plan and Environmental Assessment
The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI), as the natural resource trustee, announces the release for public review of the Draft Natural Resource Damages Restoration Plan and Environmental Assessment (RP/EA) for the John Heinz National Wildlife Refuge at Tinicum (JHNWR). The Draft RP/EA presents a preferred alternative that compensates for impacts to natural resources caused by: (1) The release of oil at the JHNWR; and (2) the release of hazardous substances from the Publicker Industries Inc. National Priorities List Superfund Site. Natural resource damages received from the impacts from the release of oil and hazardous substances are being combined and used for restoration activities at the JHNWR.
Pea Island National Wildlife Refuge
The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Pea Island 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. The compatibility determinations for recreational hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation are also available within the plan.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0121; Depredation Orders for Double-Crested Cormorants
We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on October 31, 2006. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Draft Management and Control Plan for Asian Carps in the United States
This notice announces the availability of the draft ``Management and Control Plan for Asian Carps in the United States.'' This draft document was prepared by the Asian Carp Working Group of the Aquatic Nuisance Species Task Force. We are seeking public comments on this draft document. Comments received will be considered during the preparation of the final national management and control plan, which will guide cooperative and integrated management of Asian carps in the United States.
Endangered and Threatened Species Permit Applications
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.
Issuance of Permits
The following permits were issued.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.
Aquatic Nuisance Species Task Force Meeting
This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
Notice of Intent To Conduct Public Scoping and To Prepare an Environmental Impact Statement Related to the Washington Department of Natural Resources Aquatic Lands Habitat Conservation Plan
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 Washington Department of Natural Resources (WDNR) for the incidental take of species listed under the Endangered Species Act. The permit application would be associated with the WDNR's Aquatic Lands Habitat Conservation Plan.
Endangered and Threatened Wildlife and Plants; Determination of Status for Lepidium Papilliferum
We, the U.S. Fish and Wildlife Service (Service), notify the public of the reinstatement of our July 15, 2002 proposed rule to list Lepidium papilliferum (slickspot peppergrass) as endangered under the Endangered Species Act of 1973, as amended (Act), and announce the reopening of the public comment period on that proposed listing.
Silvio O. Conte National Fish and Wildlife Refuge
The U.S. Fish and Wildlife Service (Service) is preparing a Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) for Silvio O. Conte National Fish and Wildlife Refuge (NFWR). This notice advises the public that the Service intends to gather information necessary for preparing the CCP and EIS 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. The Service is furnishing this notice in compliance with Service policy to achieve the following: (1) Advise other Federal and State agencies and the public of our intention to conduct detailed planning on this refuge; and, (2) obtain suggestions and information on the scope of issues to include in the environmental document. The Service will involve the public through open houses, informational and technical meetings, and written comments. Special mailings, newspaper articles, and announcements will provide information about opportunities for public involvement in the planning process.
Sport Fishing and Boating Partnership Council
The Fish and Wildlife Service announces that the Sport Fishing and Boating Partnership Council (Council) will meet November 8-9, 2006.
Draft National Management and Control Plan for the New Zealand Mudsnail (Potamopyrgus antipodarum
This notice announces the availability of the draft ``National Management and Control Plan for the New Zealand Mudsnail (Potamopyrgus antipodarum).'' The draft was prepared by the New Zealand Mudsnail Working Group of the Aquatic Nuisance Species Task Force. We are seeking public comments on this draft document. Comments received will be considered during the preparation of the final national management and control plan, which will guide cooperative and integrated management of Zealand mudsnails in the United States.
Endangered Species Recovery Permit Applications
We invite the public to comment on the following applications to conduct certain activities with endangered species.
Receipt of an Application for an Incidental Take Permit for Construction of Four Single-Family Homes in Brevard County, Florida
Laura and Tariq Hussain (Applicants) request an incidental take permit (ITP) for a duration of one year, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate removal of about 0.97 acre of Florida scrub- jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of four single-family homes and supporting infrastructure in Brevard County, Florida (Project). The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the scrub- jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.
Receipt of an Application for an Incidental Take Permit for the Sarment Parcel Low-Effect Habitat Conservation Plan, Monterey County, California
Daniel Keig (applicant) has applied to the Fish and Wildlife Service (Service or ``we'') for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). We are considering issuing a 5-year permit to the applicant that would authorize take of the federally endangered Smith's blue butterfly (Euphilotes enoptes smithi) incidental to otherwise lawful activities associated with construction of a single family home, which would remove 0.3 acre of Smith's blue butterfly habitat within a 6.1-acre parcel in Carmel Highlands, 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, as required in Section 10(a)(2)(B) of the Act. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. 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 (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft Environmental Action Statement and associated Low Effect Screening Form, which are also available for public review.
Proposed Low Effect Habitat Conservation Plan for the Schwisow Development in Adams County, ID
This notice advises the public that Duane and Darlene Schwisow (Applicants) have applied to the Fish and Wildlife Service (Service) for an incidental take permit (ITP), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested 25- year permit would authorize the incidental take of the threatened northern Idaho ground squirrel (Spermophilus brunneus brunneus) (``squirrels''), on 13.9 square meters (150 square feet) of suitable but unoccupied habitat associated with the development of a residence in Adams County, Idaho. We are requesting comments on the permit application and on whether the proposed Habitat Conservation Plan (HCP) qualifies as a ``low effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft Environmental Action Statement (EAS), which is also available for public review.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Piperia Yadonii
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered Piperia yadonii (Yadon's piperia) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 2,306 acres (ac) (930 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Monterey County, California.
Notice of Availability of Draft Environmental Impact Statement, Draft Comprehensive Conservation Plan, and Draft Land Protection Plan for Texas Chenier Plain National Wildlife Refuge Complex
The U.S. Fish and Wildlife Service (Service) announces that the Draft Environmental Impact Statement (EIS), Draft Comprehensive Conservation Plan (CCP), and Draft Land Protection Plan (LPP) are available for the Texas Chenier Plain National Wildlife Refuge Complex. We prepared this CCP 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 (NEPA); and we describe how the Service intends to manage this Refuge Complex over the next 15 years. This draft LPP was prepared pursuant to Service policy and the National Environmental Policy Act of 1969, and would expand the approved acquisition boundary for the four refuges within the Complex.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with marine mammals.
Issuance of Permits
The following permits were issued.
Issuance of Permits
The following permits were issued.
Post-Delisting Monitoring Results for the American Peregrine Falcon (Falco peregrinus anatum), 2003
The U.S. Fish and Wildlife Service (``we'' or ``Service'') announces the availability of the results from 2003 monitoring data collected as part of the post-delisting monitoring plan for the American peregrine falcon (Falco peregrinus anatum).
Subsistence Management Regulations for Public Lands in Alaska; Federal Subsistence Regional Advisory Council Membership
This notice solicits written comments and suggestions on the membership qualifications for Federal Subsistence Regional Advisory Councils established under Subsistence Management Regulations. The Federal Advisory Committee Act (FACA) requires that advisory councils be constituted with a balanced membership. The current Federal regulations set a goal of 70 percent subsistence users to 30 percent sport and commercial users on the Federal Subsistence Regional Advisory Councils. This notice is the first step in an administrative action with respect to that regulation, made necessary because of an order entered by the U.S. District Court for Alaska. Because the U.S. District Court has enjoined application of the current 70/30 percent goal after 2006, it is necessary to give further reconsideration to alternative methods for assuring balance in membership for Regional Advisory Councils in time to make any decision applicable to the 2007 appointments. Therefore, no extension of the review deadline will be granted.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Perdido Key Beach Mouse, Choctawhatchee Beach Mouse, and St. Andrew Beach Mouse
We, the U.S. Fish and Wildlife Service (Service), are revising critical habitat for the Perdido Key beach mouse (Peromyscus polionotus trissyllepsis) and Choctawhatchee beach mouse (Peromyscus polionotus allophrys) and designating critical habitat for the St. Andrew beach mouse (Peromyscus polionotus peninsularis) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 6,193 acres (ac) (2,506 hectares (ha)) are being designated as critical habitat for the three subspecies. This action adds approximately 135 ac (44 ha) to the amount of currently designated critical habitat for the Perdido Key beach mouse and 1,629 ac (659 ha) to the area designated for the Choctawhatchee beach mouse. The critical habitat is located in Baldwin County, Alabama; and Escambia, Okaloosa, Walton, Bay, and Gulf Counties, Florida.
Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List the Cow Head Tui Chub (Gila bicolor vaccaceps
We, the Fish and Wildlife Service (Service), have determined that the proposed listing of the Cow Head tui chub (Gila bicolor vaccaceps) as an endangered species under the Endangered Species Act of 1973, as amended (Act), is not warranted, and we therefore withdraw our March 30, 1998, proposed rule (63 FR 15152-15158). We have made this determination because the threats to the species identified in the March 30, 1998, proposed rule are not significant, and currently available data do not indicate that the threats to the species, 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.
Endangered and Threatened Wildlife and Plants; Revised 12-Month Finding for the Beaver Cave Beetle (Pseudanophthalmus major
We, the U.S. Fish and Wildlife Service (Service), announce our revised 12-month finding for a petition to list the Beaver Cave beetle (Pseudanophthalmus major) under the Endangered Species Act (Act) of 1973 (16 U.S.C. 1531 et seq.). After a review of the best available scientific and commercial information, we conclude that this species is not likely to become an endangered or threatened species within the foreseeable future throughout all or a significant portion of its range. Therefore, we find that proposing a rule to list the species is not warranted, and we no longer consider it to be a candidate species for listing. However, the Service will continue to seek new information on the taxonomy, biology, and ecology of this species, as well as potential threats to its continued existence.
Notice of Availability of the Assessment Plan: Lawrenceville, IL Former Indian Refinery Natural Resource Damage Assessment
Notice is given that the document titled ``Assessment Plan: Lawrenceville, IL Former Indian Refinery NRDA'' (``The Plan'') is available for public review and comment. The U.S. Department of the Interior and the State of Illinois are Trustees for natural resources considered in this assessment, pursuant to subpart G of the National Oil and Hazardous Substances Pollution Contingency Plan and Executive Order 12580. Interested members of the public are invited to review and comment on the Plan.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Guajón (Eleutherodactylus cooki
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the threatened guaj[oacute]n (Eleutherodactylus cooki), a frog endemic to Puerto Rico, under the Endangered Species Act of 1973, as amended (Act). In total, approximately 217.2 acres (ac) (88 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in the municipalities of Humacao, Las Piedras, Maunabo, Patillas, and Yabucoa, Puerto Rico.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Spikedace and Loach Minnow
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the proposal to designate critical habitat for the spikedace (Meda fulgida) and loach minnow (Tiaroga cobitis) designation under the Endangered Species Act of 1973, as amended (Act). This action will allow all interested parties an opportunity to comment on the proposed critical habitat, the draft economic analysis, draft environmental assessment, Tribal management plans and resolutions, and a management plan and economic analysis submitted by Phelps Dodge Corporation, as further discussed below. Comments previously submitted on the December 20, 2005 (70 FR 75546), proposed rule and on the June 6, 2006 (71 FR 32496), reopening of the comment period need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule.
Notice of Availability of a Technical Agency Draft Recovery Plan for the Puerto Rican Parrot for Review and Comment
We, the Fish and Wildlife Service, announce the availability of the revised technical agency draft revised recovery plan for the Puerto Rican Parrot (Amazona vittata vittata). The Puerto Rican parrot, largely green with a red forehead and blue flight feathers, is one of nine extant Amazona parrots occurring in the West Indies. Measuring about 29 centimeters (11 inches) in length and weighing about 270 grams (10 ounces), this species is one of the smallest in its genus, although it is similar in size to other Amazona in the Greater Antilles. The current revision of the recovery plan incorporates new information, describes actions considered necessary for the conservation of this species, establishes criteria (important milestones) for recognizing the recovery levels for downlisting from endangered to threatened, and estimates the time and cost for implementing the recovery measures needed. Partnerships are a key element of this revised recovery plan. The Service solicits review and comment on this draft revised recovery plan.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Delist the Plymouth Redbelly Turtle (Pseudemys rubriventris bangsi
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the Plymouth redbelly turtle (Pseudemys rubriventris bangsi), now referred to as the Plymouth (or northern) red-bellied cooter (P. rubriventris), from the Federal List of Threatened and Endangered Wildlife under the Endangered Species Act of 1973, as amended (Act). We find that the petition and additional information in our files presents substantial information indicating that delisting the Plymouth red-bellied cooter may be warranted, and we are therefore initiating a status review. To assist us in ensuring that the review is comprehensive, we are soliciting information and data regarding this species.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Ceanothus ophiochilus
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Ceanothus ophiochilus (Vail Lake ceanothus) and Fremontodendron mexicanum (Mexican flannelbush) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 644 acres (ac) (262 hectares (ha)) are proposed for the designation of critical habitat for these two species. Approximately 283 ac (115 ha) of land in Riverside County, California, are being proposed as critical habitat for C. ophiochilus, and approximately 361 ac (147 ha) of land in San Diego County, California, are being proposed as critical habitat for F. mexicanum.
Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Late Season
This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Alameda Whipsnake
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Alameda whipsnake (Masticophis lateralis euryxanthus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 154,834 acres (ac) (62,659 hectares (ha)) critical habitat are being designated for the taxon. The critical habitat is located in Alameda, Contra Costa, Santa Clara, and San Joaquin Counties, California.
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