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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

The public is invited to comment on the following applications to conduct certain activities with marine mammals.

The following permits were issued.

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.

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.

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.

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.

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.

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.

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.