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

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 August 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 Fish and Wildlife Service proposes to add three refuges to the list of areas open for hunting and/or sport fishing programs and increase the activities available at six other refuges. We also propose to implement pertinent refuge-specific regulations for those activities and amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2006-2007 season.

The U.S. Fish and Wildlife Service (Service) announces that the Marin Islands National Wildlife Refuge (Refuge) Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) is available for review and comment. Also available for review with the Draft CCP/EA are the draft compatibility determinations for research and monitoring; wildlife observation and photography; environmental education and interpretive guided tours; and sport fishing.

We, the U.S. Fish and Wildlife Service (Service), are reclassifying the federally endangered Gila trout (Oncorhynchus gilae) to threatened status under the authority of the Endangered Species Act of 1973, as amended (Act). We are also finalizing a special rule under section 4(d) of the Act that would apply to Gila trout found in New Mexico and Arizona. This special rule will enable the New Mexico Department of Game and Fish (NMDGF) and the Arizona Game and Fish Department (AGFD) to promulgate special regulations in collaboration with the Service, allowing recreational fishing of Gila trout.

The County of Orange, Rancho Mission Viejo, and Santa Margarita Water District (Applicants) have applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Service is requesting public comment on the Draft Orange County Southern Subregion Habitat Conservation Plan (HCP), Draft Implementing Agreement, and Draft Environmental Impact Report/ Environmental Impact Statement (EIR/EIS). The Applicants seek a permit to incidentally take 25 animal species and assurances for 7 plant species, including 25 unlisted species should any of them become listed under the Act during the term of the proposed 75-year permit. The permit is needed to authorize take of listed animal species (including harm and injury) for Covered Activities, including development and associated infrastructure in Rancho Mission Viejo, expansion of the Prima Deshecha Landfill, and the extension of La Pata Road in the approximately 132,000-acre Plan Area in southern Orange County, California. A Draft Environmental Impact Statement, which is the Federal portion of the Draft EIR/EIS, has been prepared jointly by the Service and the County of Orange to analyze the impacts of the HCP and is also available for public review. The analyses provided in the Draft EIR/EIS are intended to inform the public of the proposed action, alternatives, and associated impacts; address public comments received during the scoping period for the Draft EIR/EIS; disclose the direct, indirect, and cumulative environmental effects of the proposed action and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action.

We, the U. S. Fish and Wildlife Service (Service), under the Endangered Species Act of 1973, as amended (Act), have determined that it is not prudent to designate critical habitat for the jaguar (Panthera onca). This determination is based on a thorough review of the best available data, which indicate that there are no areas in the United States that meet the definition of critical habitat as defined in the Act. As such, designation of critical habitat would not be beneficial to the species and therefore is not prudent.

We, the Fish and Wildlife Service (Service, or we), revise the regulations governing the annual Migratory Bird Hunting and Conservation Stamp Contest [also known as the Federal Duck Stamp Contest (contest)]. Our amendments raise the contest entry fee by $25, to $125; update contest opening and entry deadline dates, locations, and mail and Internet site information; specify penalties for contestants who contact judges or copy designs from the Internet; relieve restrictions on our ability to announce judges' names; clarify ambiguous language in our regulations concerning matting of entries and minimum age of entrants; and update or correct technical advising for the contest, the common names and spelling of species on our list of contest design subjects, and minor grammar errors.

The U.S. Fish and Wildlife Service (Service) announces that the Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Long Lake National Wildlife Refuge Complex (Complex) is available. This Draft CCP/EA describes how the Service intends to manage this Complex for the next 15 years.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). The meeting is open to the public. The Advisory Group for the Neotropical Migratory Bird Conservation Act (NMBCA) grants program will hold its first meeting. The meeting is open to the public, and interested persons may present oral or written statements.

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

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

This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2006-2007 regulatory year. The rulemaking is necessary because the regulations governing the subsistence harvest of wildlife in Alaska are subject to an annual public review cycle. This rulemaking replaces the wildlife regulations that expire on June 30, 2006. This rule also amends the regulations that establish which Alaska residents are eligible to take specific species for subsistence uses.

The U.S. Fish and Wildlife Service (Service) announces a 90- day finding for a petition to delist the Morelet's crocodile (Crocodylus moreletii) throughout its range from the Endangered Species Act of 1973, as amended. The Service finds that the petitioner has presented substantial scientific and commercial information indicating that the action may be warranted. A status review of the species is initiated. We seek comments on the petition or information on status of the species, particularly in Guatemala and Belize.

This notice pertains to our final policy regarding the process we use to decide if a nonwildlife-dependent recreational use is an appropriate use of a refuge. The National Wildlife Refuge System Improvement Act of 1997 (Improvement Act) amends the National Wildlife Refuge System Administration Act of 1966 (Administration Act) and defines six refuge uses (hunting, fishing, wildlife observation and photography, and environmental education and interpretation) as wildlife-dependent recreational uses. The Improvement Act states that when compatible these uses are appropriate refuge uses and are the priority general public uses of the National Wildlife Refuge System (Refuge System). The Improvement Act directs us to give priority consideration to and facilitate these uses. To do this, we will provide compatible wildlife- dependent recreational uses enhanced and priority consideration over other general public uses in refuge planning and management. This final policy establishes a process for determining when we may further consider other general public uses on refuges. We are incorporating this policy as part 603, chapter 1, of the Fish and Wildlife Service Manual (603 FW 1). This chapter (603 FW 1) will be available on the U.S. Fish and Wildlife Service's (Service) Web site at https:// policy.fws.gov/ser600.html.

The U.S. Fish and Wildlife Service (we, or the Service) is issuing this policy to articulate the mission and goals of the National Wildlife Refuge System (Refuge System) and their relationship to refuge purposes. This chapter is consistent with principles contained in the National Wildlife Refuge System Administration Act of 1966 (Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997 (Improvement Act), including recognizing the priority for management activities and uses set forth in the Improvement Act (conserve fish, wildlife, and plants and their habitats; facilitate compatible wildlife-dependent recreational uses; and other uses). This policy describes the Refuge System mission, revises the Refuge System goals, and provides guidance for identifying or determining the purpose(s) of individual refuges within the Refuge System. This chapter also describes how the purpose(s) of a refuge addition relates to the original refuge purpose(s) and how wilderness designated under the Wilderness Act of 1964 (Wilderness Act) relates to a refuge's purpose(s). We are incorporating this policy as Part 601, Chapter 1, of the Fish and Wildlife Service Manual (601 FW 1).

The U.S. Fish and Wildlife Service (Service) announces the availability for public review of the draft Pacific Gas & Electric Company Operations and Maintenance Habitat Conservation Plan (Plan), draft Implementing Agreement (IA), and draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR). This is in response to receipt of an application from Pacific Gas & Electric Company (PG&E) for an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Federal Endangered Species Act of 1973, as amended (ESA). The Service is considering issuing a 30-year permit to the applicant for the take of 65 species (Covered Species), incidental to otherwise lawful activities associated with routine operations and maintenance activities and minor construction for PG&E's gas and electrical distribution facilities, and implementation of the Plan. The activities are proposed to occur within a 12.1 million-acre planning area (Covered Area), located in the San Joaquin Valley, California. We request comments from the public on the permit application and the draft EIS/EIR, both of which are available for review. The permit application includes the proposed Plan and an accompanying draft IA. The Plan describes the proposed action and the measures the applicant will implement to minimize and mitigate take of the proposed Covered Species. To review the documents, see ``Availability of Documents'' in the SUPPLEMENTARY INFORMATION section.

The Fish and Wildlife Service (Service) has received an application from the University of Texas at Austin Institute for Geophysics (UTIG) for authorization to take small numbers of marine mammals by harassment incidental to conducting a marine seismic survey in the Arctic Ocean, including the Chukchi Sea, from approximately July 15 through August 25, 2006. In accordance with provisions of the Marine Mammal Protection Act (MMPA), as amended, the Service requests comments on its proposed authorization for the applicant to incidentally take, by harassment, small numbers of Pacific walrus and polar bears in the Chukchi Sea during the seismic survey.

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

The availability of the Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) was announced in the Federal Register on May 30, 2006 (71 FR 30687) for a 30-day public review and comment period ending June 29, 2006. The purpose of this notice is to extend the public review and comment period an additional 15 days.

We, the U.S. Fish and Wildlife Service (Service), are extending the public comment period on the proposed special rule for the threatened Pacific Coast distinct population segment of the western snowy plover (Charadrius alexandrinus nivosus). Comments previously submitted need not be resubmitted as they have been incorporated into the public record and will be fully considered in the final determination.

The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI) as a natural resource trustee, announces the release for public review of the Draft Study Plan for a mink injury study for the Hudson River Natural Resource Damage Assessment (NRDA). The Draft Study Plan describes the Trustees' proposed approach to conducting this investigation, and seeks public feedback.

The U.S. Fish and Wildlife Service (Service) announces that the Final CCP for the Maxwell National Wildlife Refuge is available. This 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 (16 U.S.C. 668dd-668ee et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370d). Goals and objectives in the CCP describe how the Service 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), the National Oceanic and Atmospheric Administration (NOAA), and the New York State Department of Environmental Conservation (NYSDEC), as natural resource trustees, announces the release for public review of the Draft Restoration Plan (RP) for the Mattiace Petrochemical Superfund Site (Site). The Draft RP presents a preferred alternative, consisting of a single restoration project that compensates for impacts to natural resources caused by contaminant releases and remedial activities associated with the Site.

We, the U.S. Fish and Wildlife Service (Service), under the Endangered Species Act of 1973, as amended (Act), have determined that it is appropriate to remove Agave arizonica (Arizona agave) from the Federal List of Endangered and Threatened Wildlife and Plants. This determination is based on a thorough review of all available data, which indicate that this plant is not a discrete taxonomic entity and does not meet the definition of a species under the Act. Evidence collected subsequent to the listing indicates that plants attributed to Agave arizonica do not constitute a distinct species but rather are individuals that have resulted from recent and sporadic instances of hybridization between two species. Current taxonomic practice is not to recognize such groups of individuals as a species. Since Agave arizonica is not recognized as a species, it no longer qualifies for protection under the Act.

This notice advises that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and associated environmental documents for the Laramie Plains National Wildlife Refuges (NWRs) in southeast Wyoming, which include Bamforth NWR, Hutton Lake NWR, and Mortenson Lake NWR. The Service is furnishing this notice in compliance with Service CCP policy to advise other agencies and the public of its intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.