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

The Fish and Wildlife Service (Service) announces the availability of a Final Environmental Impact Statement (FEIS), which analyzes the environmental impacts associated with incidental take permits that were previously issued under the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.), for take of the Alabama beach mouse (Peromyscus polionotus ammobates). The FEIS analyzes the consequences of the proposed action and alternatives to the proposed action. The incidental take permits, previously issued to Gulf Highlands LLC and Beach Club West, involve the construction, occupancy, use, operation, and maintenance of two residential/ recreational condominium development projects on the Fort Morgan Peninsula in Baldwin County, Alabama. For Record of Decision (ROD) availability, see DATES.

Pursuant to the National Environmental Policy Act (NEPA), we, the Fish and Wildlife Service (Service), are issuing this notice to advise the public that we intend to gather information necessary to prepare, in coordination with the California Department of Fish and Game (DFG) and Occidental of Elk Hills, Inc. (OEHI), a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on the Habitat Conservation Plan for the Elk Hills Oil and Gas field (Plan). OEHI intends to apply for a 50-year Endangered Species Act (ESA) Section 10 incidental take permit from the Service. The permit is needed to authorize the incidental take of threatened and endangered species that could occur as a result of future operations of the Elk Hills Oil and Gas Field. 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/EIR; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIS/EIR.

Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Department of the Interior issues this public notice of its intent to modify an existing Privacy Act system of records managed by the U.S. Fish and Wildlife Service (FWS). The changes are to the system of records called ``Real Property Records Interior, FWS-11 which is published in its entirety below.

We, the U.S. Fish and Wildlife Service (Service), propose to list six avian species, black stilt (Himantopus novaezelandiae), caerulean Paradise-flycatcher (Eutrichomyias rowleyi), giant ibis (Pseudibis gigantea), Gurney's pitta (Pitta gurneyi), Socorro mockingbird (Mimodes graysoni), and long-legged thicketbird (Trichocichla rufa) as endangered, pursuant to the Endangered Species Act of 1973, as amended (Act). This proposal, if made final, would extend the Act's protection to these species. The Service seeks data and comments from the public on this proposal.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Mississippi Sandhill Crane National Wildlife Refuge are available for review and comment. This draft plan and environmental assessment were prepared pursuant to the National Wildlife Refuge System Administration Act, as amended, and the National Environmental Policy Act. The draft plan describes the Service's proposal for management of the refuge for 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Columbian sharp-tailed grouse (Tympanuchus phasianellus columbianus) as threatened or endangered under the Endangered Species Act of 1973, as amended. We find that the petition does not provide substantial information indicating that listing the Columbian sharp-tailed grouse may be warranted. Therefore, we are not initiating a further 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 Columbian sharp-tailed grouse or threats to it.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for two tidal marsh plants: Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak). We also announce the availability of the draft economic analysis for the proposed critical habitat designation and an amended Required Determinations section of the proposal. The draft economic analysis identifies potential costs will be $1.6 million in undiscounted dollars over a 20-year period as a result of the proposed designation of critical habitat, including those costs coextensive with listing and recovery. Discounted future costs are estimated to be $1.4 million over 20 years ($95,002 annually) at a 3 percent discount rate, or $1.2 million over 20 years ($116,722 annually) at a 7 percent discount rate. The amended Required Determinations section provides our determination concerning compliance with applicable statutes 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 the amended Required Determinations section.

We, the Fish and Wildlife Service, withdraw the notice of availability of the revised technical agency draft 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. The notice (71 FR 58426, October 3, 2006) was released in error, however, we anticipate announcing the current revision of the recovery plan in fiscal year 2007, which 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.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the island marble butterfly (Euchloe ausonides insulanus) under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that the petitioned action is not warranted. Furthermore, the Service and the National Park Service (NPS) have entered into a Conservation Agreement that implements conservation measures specifically addressing the needs of the island marble butterfly. We request that you submit any new information concerning the status of and threats to this subspecies whenever it becomes available. We will continue to collaborate with our partners to expand the conservation efforts that have been instituted by several landowners on currently occupied habitat.

The following permits were issued.

This notice announces the availability of the final Environmental Impact Statement (EIS) prepared pursuant to the National Environmental Policy Act (NEPA) for the Orange County Southern Subregion Natural Community Conservation Plan/Habitat Conservation Plan (Plan), for public review and comment. The Fish and Wildlife Service (Service) is considering the proposed action of issuing three 75-year incidental take permits, pursuant to section 10(a)(1)(B) of the Federal Endangered Species Act of 1973, as amended (ESA), for 32 species in response to receipt of applications from the County of Orange (County), Rancho Mission Viejo, LLC (RMV) and Santa Margarita Water District (SMWD) (Applicants). The proposed permits would authorize take of individual members of animal species listed under the ESA. The permits are needed because take of species could occur during proposed urban development activities and associated infrastructure on Rancho Mission Viejo, expansion of the Prima Deshecha Landfill, the extension of Avenida La Pata, maintenance and operation of Santa Margarita Water District facilities, and reserve management activities within an approximately 132,000-acre Plan Area in southern Orange County, California. The Orange County Southern Subregion Habitat Conservation Plan also serves as a proposed Natural Community Conservation Plan under the State of California's Natural Community Conservation Planning Act (NCCPA). The EIS analyzes the impacts of the Plan/NCCP and a Master Streambed Alteration Agreement which involves action by the County of Orange and the California Department of Fish and Game. For that reason, the EIS also serves as an Environmental Impact Report (EIR) to satisfy requirements of the California Environmental Quality Act (CEQA) in addition to those of the National Environmental Policy Act (NEPA). Comments regarding the Final EIS/EIR may be submitted to the Service pursuant to NEPA during a 30-day waiting period [See DATES].

We announce the receipt of an application to conduct certain activities pertaining to enhancement of survival of endangered species.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Lacassine National Wildlife Refuge is available for distribution. This document was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended, and the National Environmental Policy Act of 1969. The draft plan and environmental assessment describes the Service's proposal for management of the refuge for 15 years.

This notice announces a meeting of the Sporting Conservation Council (Council). This meeting is designed to review wildlife conservation endeavors that benefit recreational hunting and wildlife resources and that encourage partnerships among the public, the sporting conservation community, wildlife conservation groups, and State and Federal governments. This meeting is open to the public, and will include a session for the public to comment.

We, the Fish and Wildlife Service (Service), announce the availability of one ITP and Habitat Conservation Plan (HCP)/Application for one incidental take permit. Marsol Development Corporation (Applicant) requests an incidental take permit (ITP) for a duration of 2 years pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 7.5 acres of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat incidental to lot preparation for the construction of a commercial park and supporting infrastructure in Brevard County, Florida (Project). The destruction of 7.5 acres 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.

We, the Fish and Wildlife Service (Service), announce the availability of incidental take permit (ITP) and Habitat Conservation Plan (HCP). Peter Famulari, Robert Lavelle, and Jeffrey Leonard (Applicants) each request ITPs pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate taking about 5.42 acres combined of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of 13 residential units and supporting infrastructure in Charlotte County, Florida (Project). The destruction of 5.42 acres of foraging and sheltering habitat is expected to result in the take of five families of scrub- jays. The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay.

We, the United States, as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), may submit proposed resolutions, decisions, and agenda items for consideration at meetings of the Conference of the Parties to CITES. We may also propose amendments to the CITES Appendices for consideration at meetings of the Conference of the Parties. The fourteenth regular meeting of the Conference of the Parties to CITES (CoP14) will be held in The Hague, Netherlands, June 3-15, 2007. With this notice, we, the Fish and Wildlife Service (the Service): describe proposed resolutions, decisions, and agenda items that the United States is considering submitting for consideration at CoP14; describe proposed amendments to the CITES Appendices (species proposals) that the United States is considering submitting for consideration at CoP14; invite your comments and information on these proposals; announce a public meeting to discuss these proposals; and provide information on how non-governmental organizations based in the United States can attend CoP14 as observers.

We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period regarding the status of Colorado River cutthroat trout (Oncorhynchus clarki pleuriticus) in the United States. This status review has been initiated pursuant to a recent court order requiring us to prepare a 12-month finding on a petition to list the subspecies as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, this fish.

We, the U.S. Fish and Wildlife Service, announce our decision and the availability of the Record of Decision (ROD) for the Final Environmental Impact Statement (EIS) and Comprehensive Conservation Plan (CCP) for Upper Mississippi River National Wildlife and Fish Refuge in accordance with National Environmental Policy Act requirements (NEPA).

The U.S. Fish and Wildlife Service (Service) announces the decision and availability of the Record of Decision (ROD) for the Final Comprehensive Conservation Plan and Environmental Impact Statement (Final CCP/EIS) for the Sweetwater Marsh and South San Diego Bay Units of the San Diego Bay National Wildlife Refuge (NWR or Refuge). A thorough analysis of the environmental, social, and economic considerations was completed and presented in the Final CCP/EIS. The Final CCP/EIS was released to the public and a Notice of Availability was published in the Federal Register on August 25, 2006. The ROD documents the Service's decision to adopt and implement Alternative C (Implement Habitat Enhancement and Restoration and Improve Existing Public Uses) for the Sweetwater Marsh Unit and Alternative D (Expand Habitat Management, Enhance Nesting Opportunities, Maximize Habitat Restoration, and Provide Additional Public Use Opportunities) for the South San Diego Bay Unit.

The following permits were issued.