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

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

We, the U.S. Forest Service and U.S. Fish and Wildlife Service, are amending the regulations governing subsistence use of fish and wildlife in Alaska by creating an additional subsistence resource region for the Kenai Peninsula. This addition of a separate subsistence resource region will allow for the creation of a separate Federal subsistence regional advisory council for that region. A new regional council responsible for only the Kenai Peninsula area will better ensure that residents with personal knowledge of the Kenai Peninsula area will have a meaningful role in the complex issues and management challenges of subsistence management on the Federal lands of the Kenai Peninsula.

This rule would revise the list of nonrural areas identified by the Federal Subsistence Board (Board, we, us). Areas determined to be nonrural are not eligible to participate in the Federal Subsistence Management Program on Federal public lands in Alaska. We propose to change Adak's status to rural. We also propose to add Prudhoe Bay and the Kodiak Area, including the City of Kodiak, the Mill Bay area, Womens Bay, Bell's Flats, and the Coast Guard Station to the list of nonrural areas. The following areas would continue to be nonrural, but we propose changes in their boundaries: the Kenai Area; the Wasilla/ Palmer Area, including Point McKenzie; the Homer Area, including Fritz Creek East (except Voznesenka) and the North Fork Road area; and the Ketchikan Area. We propose no other changes in status. However, new information could lead to changes not proposed at this time.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Hermes copper butterfly (Hermelycaena [Lycaena] hermes) as an endangered species under the Endangered Species Act of 1973, as amended. We find the petition does not present substantial scientific or commercial information indicating that listing the Hermes copper butterfly may be warranted. Therefore, are not 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 the species or threats to it.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Casey's June beetle (Dinacoma caseyi) as endangered under the Endangered Species Act of 1973, as amended (Act). We find the petition presents substantial scientific information indicating that listing the Casey's June beetle as endangered may be warranted. Therefore, with the publication of this notice, we are initiating a status review, and we will issue a 12-month finding on the petition to list the Casey's June beetle announcing our determination of whether listing the species as endangered is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period, a public hearing on the proposed revision of critical habitat for the Alabama beach mouse (Peromyscus polionotus ammobates) (ABM), and the availability of the draft economic analysis of the proposed designation of critical habitat under the Endangered Species Act of 1973, as amended (Act). We are also using this comment period to correct minor acreage calculation errors in the February 1, 2006, proposed rule (71 FR 5516), announce the inclusion of an additional 6 acres (distributed among proposed critical habitat units 1, 2, and 3), and solicit further comments on the proposed rule. The draft economic analysis forecasts that costs associated with conservation activities for the ABM would range from $18.3 million to $51.8 million in undiscounted dollars over the next 20 years. Adjusted for possible inflation, the costs would range from $16.1 million to $46.8 million over 20 years, or $1.1 million to $3.1 million annually using a 3 percent discount; or $14.2 million to $41.7 million over 20 years, or $1.3 million to $3.9 million annually using a 7 percent discount. We are reopening the public comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted need not be resubmitted as they will be incorporated into the public record and fully considered in preparation of the final rule.

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare a Supplemental Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the consideration of a Habitat Conservation Plan and application for an incidental take permit, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended (ESA), including consideration of conservation measures for State-listed species to address the effects of the conservation and transfer of water from Imperial Irrigation District (IID) to the San Diego County Water Authority (SDCWA) and Coachella Valley Water District (CVWD). The Habitat Conservation Plan will cover a broad array of activities including: water conservation, water conveyance and drainage, operation and maintenance of the water conveyance system, system improvements, miscellaneous activities, and third party activities required to achieve the conservation and transfer of up to 200,000 acre-feet of water per year to the SDCWA and 100,000 acre-feet per year to the CVWD, and to meet the voluntary cap on IID's water use of 3.1 million acre- feet per year from the Colorado River. The IID (Applicant) intends to request an incidental take permit for up to 96 listed and unlisted species of concern under specific provisions of the permit. In the case of unlisted species, the permit would provide coverage should these species be listed in the future. The Service provides this notice pursuant to the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the NEPA. The purpose of the Supplemental EIS/EIR is to provide any additional environmental assessment required to evaluate additions and changes to the Water Conservation and Transfer Project (Project) that have occurred since the approval of the Final EIS/EIR by the Bureau of Reclamation (Federal lead agency for the Project) and to support the application for an incidental take permit pursuant to section 10(a)(1)(B) of the ESA by the Service. The Service is seeking suggestions and information from other agencies, affected tribes, and the public on the scope of issues to be considered in preparation of the Supplemental EIS/EIR. To satisfy both Federal and State environmental policy requirements, the Service as Federal lead agency and the IID as State lead agency under the California Environmental Quality Act (CEQA) are conducting this joint scoping process for the preparation of the supplemental environmental document.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to prepare a Comprehensive Conservation Plan (CCP) for the Ridgefield National Wildlife Refuge (Refuge), and announces two public open house meetings. The Refuge is located in Clark County, Washington. The Service is furnishing this notice to: advise other agencies and the public of our intentions; and obtain suggestions and information on the scope of issues to include in the CCP and associated environmental compliance document.

The Fish and Wildlife Service (Service) has developed regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walrus during year-round oil and gas industry (Industry) exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period are similar to, and include all activities covered by the previous 16- month Beaufort Sea incidental take regulations that were effective from November 28, 2003, through March 28, 2005 (68 FR 66744, November 28, 2003). This rule is effective for 5 years from date of issuance. We find that the total expected takings of polar bear and Pacific walrus during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. We base this finding on the results of 12 years of data on the encounters and interactions between polar bears, Pacific walrus, and Industry; recent studies of potential effects of Industry on these species; and oil spill risk assessments using oil spill trajectory models, polar bear density models, potential and documented Industry impacts on these species, and models to determine the likelihood of impacts to polar bears should an accidental oil release occur.

The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River restoration efforts to the Trinity Management Council. Primary objectives of the meeting will include: Trinity River Restoration Program Fiscal Year 2007 budget; science framework; TAMWG Charter renewal; Executive Director's report; reports from Trinity River Restoration Program workgroups; Klamath River conditions and Klamath-Trinity management coordination: restoration experience on Clear Creek; and Central Valley Project Improvement Act (CVPIA) program review. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public.

Duke Construction Corporation (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 taking about 0.77 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and potential nesting habitat incidental to lot preparation for the construction of three single-family homes and supporting infrastructure, over a two-year term, in Brevard County, Florida (Project). The destruction of 0.77 acre 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. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.

This provides notice of the Federal Subsistence Board's in- season management actions to protect Chinook salmon escapement in the Unalakleet River, and to provide additional subsistence harvest opportunities for Chinook salmon in the Yukon River and for sockeye salmon in the Copper River. The revised fishing schedule for the Chitina Subdistrict of the Copper River, the additional fishing time on the Yukon River, and the closure of the Unalakleet River provide exceptions to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 29, 2006. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2006 regulatory year.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to establish the northern Rocky Mountain (NRM) gray wolf (Canis lupus) population as a Distinct Population Segment (DPS) and to remove the NRM gray wolf DPS from the Federal List of Endangered and Threatened Wildlife, under the Endangered Species Act of 1973, as amended (ESA). After review of all available scientific and commercial information, we find that the petitioned action is not warranted. We have determined that Wyoming State law and its wolf management plan do not provide the necessary regulatory mechanisms to assure that Wyoming's numerical and distributional share of a recovered NRM wolf population would be conserved if the protections of the ESA were removed.

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

The U.S. Fish and Wildlife Service (Service) announces 5-year reviews of the duskytail darter (Etheostoma percnurum), snail darter (Percina tanasi), smoky madtom (Noturus baileyi), yellowfin madtom (Noturus flavipinnus), Carolina heelsplitter (Lasmigona decorata), birdwing pearlymussel (Conradilla caelata), cracking pearlymussel (Hemistena lata), dromedary pearlymussel (Dromus dromus), little wing pearlymussel (Pegias fabula), fine-rayed pigtoe (Fusconaia cuneolus), shiny pigtoe (Fusconaia cor), ring pink (Obovaria retusa), royal marstonia (snail) (Pyrgulopsis ogmorhaphe), Braun's rockcress (Arabis perstellata), golden sedge (Carex lutea), mountain golden heather (Hudsonia montana), Canby's dropwort (Oxypolis canbyi), Ruth's golden aster (Pityopsis ruthii), and American hart's-tongue fern (Asplenium scolopendrium var. americanum) 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.

The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2006-07 early-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions.

The following permit was issued.

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 has announced that a Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Horicon and Fox River NWRs, Wisconsin. The CCP 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.

The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI) as a Natural Resource Trustee (Trustee), announces the release for public review of the Draft Natural Resource Restoration Plan and National Environmental Policy Act (NEPA) Environmental Assessment (RP/EA) for the W.R. Grace Superfund Site, Wayne Township, Passaic County, New Jersey. The Draft RP/EA describes the DOI's proposal to restore natural resources injured as a result of contamination at the W.R. Grace Superfund Site.

The Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment 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 mangers 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.

Robert Catlow, Ali Markieh, Dustin Stone, Pete Knudsen, and Peter Intoccia (Applicants) each request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested term for each is one year, except for Markieh who requests a two-year permit term. The Applicants anticipate taking a total of about 1.21 acres of Florida scrub-jay (Aphelocoma coerulescens)(scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of five single- family homes and supporting infrastructure in Brevard County, Florida (Project). The destruction of 1.21 acres of foraging and sheltering habitat is expected to result in the take of three families of scrub- jays. The Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and Habitat Conservation Plan (HCP). Lawrence Bank (Applicant) requests an ITP, for a 2-year term, for an individual lot pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about .25 acres of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of one single-family home and supporting infrastructure in Brevard County, Florida (Projects). The destruction of .25 acres of foraging and sheltering 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.

JAT Associates, Inc. (Applicant) has 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 30-year permit to the Applicant that would authorize take of the federally threatened desert tortoise (Gopherus agassizii) incidental to otherwise lawful activities associated with the construction and operation of the Joshua Tree Recreational Campground on 13.8 acres of their 314.6-acre property. 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 Applicant's 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 desert tortoise. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The draft HCP and EAS are available for public review.