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

The U.S. Fish and Wildlife Service (we, the Service) has received applications for enhancement of survival permits pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA), from four Resource Conservation and Development councils (RC&Ds, Applicants) in the State of Hawaii: Garden Island RC&D, Kauai County; Tri-Isle RC&D, Maui County; Big Island RC&D, Hawaii County; and Oahu RC&D, Honolulu County. The permit applications include a proposed programmatic Safe Harbor Agreement (SHA) between the Applicants and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the habitat and recovery of Hawaiian goose (Branta sandvicensis), Hawaiian duck (Anas wyvilliana), Hawaiian moorhen (Gallinula chloropus sandvicensis), Hawaiian coot (Fulica alai), and Hawaiian stilt (Himantopus mexicanus knudseni) (collectively ``Covered Species'') on non-Federal lands in the State of Hawaii. The proposed duration of both the SHA and permits is 50 years. The Service believes that the proposed SHA and permit applications may be eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this is contained in a draft Environmental Action Statement, which also is available for public review. The Service and the State of Hawaii's Department of Fish and Wildlife (DOFAW) hold concurrent processes for the review of both Federal and State permit applications and draft Safe Harbor Agreements. As part of the DOFAW process, public meetings will take place to allow for discussion and comment. Dates and locations for which DOFAW has scheduled public meetings are: December 5, 2006, Lanai High School, Lanai City; December 7, 2006, Kalanimoku Building, Room 132, Honolulu; December 12, 2006, Lihue Neighborhood Community Center, Lihue; December 13, 2006: Mitchell Pauole Community Center, Kaunakakai; December 19, 2006, Velma McWayne Santos Community Center, Wailuku; December 21, 2006, Hilo Division of Forestry and Wildlife Office, Hilo. All meetings are scheduled to begin at 7 p.m.

The Secretary of the Interior has designated the U.S. Fish and Wildlife Service (Service) to act on behalf of the U.S. Department of the Interior (DOI) as natural resource trustee (Trustee) with respect to the February 2004 oil spill in the Bradley Beach, NJ, area (the incident). The Service has determined that the impacts of the incident warrant conducting a natural resource damage assessment that will include restoration planning. The incident has been referred to by a number of names, including the Bradley Beach Mystery Spill, the Monmouth County Mystery Spill, the Monmouth and Ocean Counties Mystery Spill, the Brick Township Mystery Spill, and the Brick Township Tarball Mystery Spill. The DOI is hereby providing notice of efforts to plan restoration actions for injuries resulting from the incident. The purpose of this restoration planning is to evaluate potential injuries to natural resources and lost services and use that information to determine the need for and scale of restoration actions.

The U.S. Fish and Wildlife Service (Service) is preparing a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Moosehorn National Wildlife Refuge (NWR). This notice advises the public that the Service intends to gather information necessary for preparing the CCP and EA 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 planning policy, to (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, Web sites, and announcements will provide information about opportunities for public involvement in the planning process.

Results Builders, Inc. (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 removal of about 1.6 acres of Florida scrub-jay (Aphelocoma coerulescens)(scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of four multi-family residences and supporting infrastructure on four lots in Charlotte County, Florida (Project). The Applicant's 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.

Carmen and John Wilson (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 0.23 acre of Florida scrub- jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of a single-family home and supporting infrastructure in Charlotte 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.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Merritt Island National Wildlife Refuge are available for review and comment. 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 mandates nd 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 Fish and Wildlife Service (Service) has completed a Draft Interim Visitor Services Plan (VSP) and associated Environmental Assessment (EA) for the Midway Atoll National Wildlife Refuge/Battle of Midway National Memorial/Midway Atoll Special Management Area (Refuge). The Draft VSP/EA is available for public review and comments. This remote Pacific island Refuge is a U.S. territory located in the Northwestern Hawaiian Islands, and part of the newly established Northwestern Hawaiian Islands Marine National Monument (Monument). The VSP is intended to guide visitor activities on the Refuge for an interim period of time until a broader Monument management plan is completed that meets the applicable requirements of a refuge comprehensive conservation plan.

93-129 LTD (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 10-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 federally threatened coastal California gnatcatcher (Polioptila californica californica) associated with the proposed grading and infrastructure for Tentative Parcel Map 93-129. A conservation program to mitigate for the project activities would be implemented as described in the proposed Low-Effect Habitat Conservation Plan for Grading and Infrastructure for Tentative Parcel Map 93-129 (proposed Plan), which would be implemented by the Applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed Plan qualifies as a ``low- effect'' Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement (EAS) and the associated Low Effect Screening Form, which are also available for public review.

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

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. This ICR is scheduled to expire on December 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.

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

The following permits were issued.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

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

Doug and Jennifer Ross (Applicants) have applied to the U.S. 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 10-year permit to the Applicants that would authorize take of the federally endangered Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) and the threatened California red-legged frog (Rana aurora draytonii) incidental to otherwise lawful activities associated with the construction of private residential facilities on 16.5 acres of their 99-acre property in Aptos, Santa Cruz County, California. We are requesting comments on the permit application and on our preliminary determination that 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) and associated Low Effect Screening Form. The Applicants' low effect HCP describes the mitigation and minimization measures they would implement, as required in Section 10(a)(2)(B) of the Act, to address the effects of the project on the Santa Cruz long-toed salamander and California red-legged frog. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The draft HCP and EAS are available for public review.

We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule, published in the Federal Register on January 19, 2006 (71 FR 3158), to list Penstemon grahamii (Graham's beardtongue) as a threatened species with critical habitat under the Endangered Species Act (Act) of 1973, as amended. We have determined that listing is not warranted because threats to the species as identified in the January 19, 2006, proposed rule are not significant, and available data do not indicate that the threats to the species and its habitat, as analyzed under the five listing factors described in section 4(a)(1) of the Act, are likely to threaten or endanger the species in the foreseeable future throughout all or a significant portion of its range. Our decision to withdraw the proposed rule to list Penstemon grahamii also removes the species from candidate status under the Act.

Section 5 paragraph 3 of the Federal Lands Recreation Enhancement Act (REA) of December 2004 (16 U.S.C. 6804(a)(3)) requires that the Secretaries of Interior and Agriculture publish a notice in the Federal Register when the ``America the Beautifulthe National Parks and Federal Recreational Lands Pass'' is first established and available for purchase. The new pass program was created in response to requirements of the REA. The new pass replaces the Golden Eagle, Golden Age, and the Golden Access Passports, as well as the National Parks Pass, which currently support recreation opportunities on public lands managed by the United States Forest Service, National Park Service, U.S. Fish and Wildlife Service, Bureau of Land Management, and the Bureau of Reclamation. Sales of the new pass are scheduled to begin in January 2007. The new pass will be sold at Federal recreation sites that charge entrance and standard amenity fees. The pass will also be available through links on government Web sites including creation.gov and through select third-party vendors.

This proposed rule would establish regulations for fishing seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2008-09 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. When final, this rulemaking would replace the fish and shellfish taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart D: 2007-08 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on March 31, 2008. This rule would also amend the Customary and Traditional Use Determinations of the Federal Subsistence Board and the General Regulations related to the taking of fish and shellfish.

We, the U.S. Fish and Wildlife Service (Service), announce two 90-day findings made under the Endangered Species Act of 1973, as amended (Act). One finding concerns a petition to remove Uinta Basin hookless cactus (Sclerocactus glaucus) from the List of Endangered and Threatened Plants, and the other a petition to list Pariette cactus (Sclerocactus brevispinus) as a threatened or endangered plant. Until recently, these species were considered one taxonomic entity, so the petitions are being considered concurrently in this notice. We find the petition to remove Sclerocactus glaucus from the List of Endangered and Threatened Plants does not present substantial information indicating that the petitioned action may be warranted, and we are not initiating a further status review in response to this petition. However, in order to determine the appropriate status of S. glaucus given recent taxonomic revisions to this species, we are initiating a 5-year review under section 4(c)(2)(A) of the Act. Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, this species as it was originally listed (i.e., information pertaining to S. glaucus, S. brevispinus, and S. wetlandicus). We find the petition to list Sclerocactus brevispinus presents substantial information indicating that the petitioned action may be warranted, and we are initiating a further status review in response to this petition. Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, this species.

The Fish and Wildlife Service (Service) announces that the Draft Hanford Reach National Monument (Monument) Comprehensive Conservation Plan and Environmental Impact Statement (Draft CCP/EIS) is available for review and comment. The Draft CCP/EIS describes the Service's proposal for managing the Monument for the next 15 years. Proposed changes to Monument management include: Opening additional acres to public use; implementing an upland and riparian habitat management program; developing and implementing cultural resource monitoring and management plans; establishing partnerships and community outreach programs to refine management of natural, cultural and recreational resources; establishing an environmental education program; and expanding interpretive, wildlife viewing, and wildlife photography facilities and programs. Draft compatibility determinations for several different public uses are also available for review with the Draft CCP/EIS.

The U.S. Fish and Wildlife Service (Service or we) is proposing migratory bird subsistence harvest regulations in Alaska for the 2007 season. This proposed rule would establish regulations that prescribe frameworks, or outer limits, for dates when harvesting of birds may occur, species that can be taken, and methods and means that would be excluded from use. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations are intended to provide a framework to enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes regulations that go into effect on April 2, 2007, and expire on August 31, 2007.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Laguna Mountains skipper (Pyrgus ruralis lagunae) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 6,242 acres (ac) (2,525 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located in San Diego County, California, on lands under Federal (3,516 ac (1,423 ha)), State (381 ac (154 ha)), and private (2,345 ac (948 ha)) ownership.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the distinct vertebrate population segment (DPS) of the northern water snake (Nerodia sipedon) in the upper tidal Potomac River as endangered under the Endangered Species Act of 1973, as amended (Act). We find the petition does not provide substantial scientific or commercial information indicating that the petitioned action is warranted. Therefore, we will not initiate 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 this population of the northern water snake or threats to it.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the tricolored blackbird (Agelaius tricolor) as threatened or endangered under the Endangered Species Act of 1973, as amended. We find that the petition does not present substantial scientific or commercial information indicating that listing the tricolored blackbird may be warranted. Therefore, we will not be 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, or threats to, the tricolored blackbird or its habitat at any time.