Fish and Wildlife Service March 2007 – Federal Register Recent Federal Regulation Documents
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Notice of Availability of a Supplement to the Final Environmental Impact Statement for the Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan, Riverside County, CA
This notice announces the availability of the Recirculated Draft Coachella Valley Multiple Species Habitat Conservation Plan/ Natural Community Conservation Plan (MSHCP), Supplement to the Final Environmental Impact Statement/Recirculated Draft Environmental Impact Report (EIS/EIR), and Implementing Agreement for public review and comment. The Coachella Valley Association of Governments (CVAG), Coachella Valley Conservation Commission, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Parks and Open Space District, Riverside County Waste Management District, Coachella Valley Water District, Imperial Irrigation District, California Department of Transportation, California Department of Parks and Recreation, Coachella Valley Mountains Conservancy, and the cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Applicants) applied to the 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 Applicants also seek a Section 2835 permit under the California Natural Community Conservation Planning Act of 2002. The Applicants are requesting a permit to incidentally take 22 animal species and seeking assurances for 5 plant species, including 17 unlisted species should any of them become listed under the Act during the proposed 75-year term of the permit. The permit is needed to authorize incidental take of listed animal species (including harm, injury, and harassment) during development in the approximately 1.10 million-acre (1,719-square mile) Plan Area in the Coachella Valley of Riverside County, California. The MSHCP also incorporates a Public Use and Trails Plan which includes proposals that address non-motorized recreation activities on Federal and non-Federal lands in the Santa Rosa and San Jacinto Mountains. The Bureau of Land Management (BLM) is a Cooperating Agency in this planning process and will use this EIS/EIR to make decisions on BLM-administered public lands pertaining to trail use in the Santa Rosa and San Jacinto Mountains. The proposals constitute activity (implementation) level actions in furtherance of the California Desert Conservation Area Plan (1980), as amended, and the Santa Rosa and San Jacinto Mountains National Monument Management Plan (2004). The BLM will issue a separate Record of Decision regarding non-motorized recreation activities on public lands. A Supplement to the Final Environmental Impact Statement, which is the Federal portion of the EIS/EIR, has been prepared jointly by the Service and CVAG, along with the biological consultant, to analyze the impacts of the MSHCP and is also available for public review. The analyses provided in the EIS/EIR are intended to inform the public of the proposed action, alternatives, and associated impacts; 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. All of the alternatives in the EIS/EIR are the same as the alternatives identified in the Final MSHCP and Final EIS/EIS, dated February 6, 2006, with one exception: the Preferred Alternative without the City of Palm Springs is no longer included. The Service and the cooperating agency issued a notice of intent to prepare an EIS/EIR for the proposed MSHCP, on June 28, 2000 (65 FR 39920); a notice of availability of the Draft EIS/EIR for the proposed MSHCP on November 5, 2004 (69 FR 64581); and a notice of availability of the Final EIS/EIR for the proposed MSHCP on April 21, 2006 (71 FR 20719). The Service is issuing this notice to advise the public of revisions to the MSHCP and associated EIS/EIR which includes the following primary changes: (1) Removing the City of Desert Hot Springs as an Applicant; (2) including a Riverside County Flood Control/Water Conservation District flood control project as a Covered Activity within the Morongo Wash area, if the project meets the MSHCP's biological goals and objectives for the Covered Species and the biological goals and objectives for maintaining fluvial sand transport and providing an adequate corridor for habitat connectivity; (3) identifying the revised Santa Rosa and San Jacinto Mountains Trails Plan as the chosen trails management alternative in the EIS/EIR. The Plan is structured to be consistent with larger recovery efforts for the bighorn sheep and takes an adaptive management approach to balancing its goals of: (a) Minimizing the risk of potential adverse impacts to Peninsular bighorn sheep from recreational activities, and (b) providing recreational opportunities for hikers, equestrians, and mountain bikers; and (4) identifying changes to conservation area boundaries to reflect ``like exchanges'' approved by the applicants since the publication of the Final MSHCP, dated February 6, 2006. The ``like exchanges'' include Citrus Ranch, Lumkes Family Trust, Nott, Indio Water Authority Reservoirs, and the City of Cathedral City.
M/V Selendang Ayu Natural Resource Damage Assessment
On December 8, 2004, the shipping vessel M/V Selendang Ayu ran aground and broke apart between Skan Bay and Spray Cape on Unalaska Island, in Alaska's Aleutian Islands. The vessel was carrying approximately 446,280 gallons of Intermediate Fuel Oil 380 (IFO) and 21,058 gallons of Marine Diesel Oil (MDO). Although a portion of the oils were eventually removed from the vessel, 339,538 gallons of the IFO 380 and 14,680 gallons of marine diesel were discharged into the environment over time. This Notice of Intent to Conduct Restoration Planning (Notice), issued pursuant to 15 CFR 990.44, pertains to the discharge of oil from the M/V Selendang Ayu described above (the Incident). The Unified Command for the Incident undertook response activities to clean up the discharged oil. Under section 1006(b) of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2706(b), the President has designated the Secretary of the U.S. Department of the Interior (DOI), represented by the Regional Director of the Fish & Wildlife Service (FWS), Alaska Region, and the Secretary of the U.S. Department of Commerce (DOC), represented by the National Oceanic Atmospheric Administration, as Federal trustees of natural resources for this Incident. The Governor of the State of Alaska has designated the Commissioners of the Alaska Departments of Fish & Game, Environmental Conservation and Natural Resources, and the Alaska Attorney General as State trustees of natural resources. The Federal and State trustees for the Incident will be referred to herein collectively as the Trustees. The Trustees have determined that they have jurisdiction to enter into the restoration planning phase of a Natural Resource Damage Assessment under OPA and its implementing regulations and that it is appropriate to do so. The purpose of this phase is to prepare a plan for the restoration, rehabilitation, replacement or acquisition of the equivalent of the natural resources and services injured, destroyed or lost as a result of the Incident.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Siskiyou Mountains Salamander and Scott Bar Salamander as Threatened or Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Siskiyou Mountains salamander (Plethodon stormi) and Scott Bar salamander (Plethodon asupak) as threatened or endangered, under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing these species may be warranted. Therefore, with the publication of this notice, we are initiating status reviews of these species, and we will issue a 12-month finding to determine if the petitioned action is warranted. To ensure that the status review of the Siskiyou Mountains and Scott Bar salamanders is comprehensive, we are soliciting scientific and commercial data regarding these species. A determination on critical habitat will be made if and when a listing action is initiated for these species.
Endangered and Threatened Wildlife and Plants; Designating the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and Removing This Distinct Population Segment From the Federal List of Endangered and Threatened Wildlife
Under the Endangered Species Act (Act), we, the U.S. Fish and Wildlife Service (Service), announce an extension of the comment period for the proposed rule to establish a distinct population segment (DPS) of the gray wolf (Canis lupus) in the Northern Rocky Mountains (NRM) of the United States and to remove the gray wolf in the NRM DPS from the List of Endangered and Threatened Wildlife (List) under the Act. We also announce the location and time of one additional public hearing to receive public comments on this proposal. If you previously submitted comments, please do not resubmit them because we have already incorporated them into the public record and will fully consider them in our final decision and rule.
Endangered and Threatened Wildlife and Plants; Final Rule Designating the Greater Yellowstone Area Population of Grizzly Bears as a Distinct Population Segment; Removing the Yellowstone Distinct Population Segment of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List as Endangered the Yellowstone Distinct Population Segment of Grizzly Bears
The U.S. Fish and Wildlife Service (Service, we or us), hereby establish a distinct population segment (DPS) of the grizzly bear (Ursus arctos horribilis) for the Greater Yellowstone Area (GYA) and surrounding area (hereafter referred to as the Yellowstone DPS, Yellowstone grizzly bear DPS, or Yellowstone grizzly bear population) and remove this DPS from the List of Threatened and Endangered Wildlife. The Yellowstone grizzly bear population is no longer an endangered or threatened population pursuant to the Endangered Species Act of 1973, as amended (Endangered Species Act or the Act) (16 U.S.C. 1531 et seq.), based on the best scientific and commercial data available. Robust population growth, coupled with State and Federal cooperation to manage mortality and habitat, widespread public support for grizzly bear recovery, and the development of adequate regulatory mechanisms has brought the Yellowstone grizzly bear population to the point where making a change to its status is appropriate. The delisting of the Yellowstone DPS does not change the threatened status of the remaining grizzly bears in the lower 48 States, which remain protected by the Act. In an upcoming but separate notice, we will initiate a 5-year status review of the grizzly bear as listed under the Act based on additional scientific information that is currently being collected and analyzed. Finally, we announce a 90-day finding on a petition (submitted during the public comment period for the proposed rule) to list the Yellowstone grizzly bear population as endangered on the Federal List of Threatened and Endangered Wildlife under the Act and to designate critical habitat. We find that the petition and additional information in our files did not present substantial scientific information indicating that listing the Yellowstone grizzly bear population as endangered may be warranted. Therefore, we are not initiating a status review in response to this petition.
Endangered Species Recovery Permit Applications
We invite the public to comment on the following applications to conduct certain activities with endangered species.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Pecos Sunflower (Helianthus paradoxus)
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Pecos sunflower (Helianthus paradoxus) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1579.3 acres (ac) (639.1 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. Proposed critical habitat is located in Chaves, Cibola, Guadalupe, Socorro, and Valencia Counties, New Mexico, and in Pecos County, Texas.
Notice of Availability of a Final Implementation Schedule for the South Florida Multi-Species Recovery Plan
The Fish and Wildlife Service (``we,'' ``our,'' or ``Service'') announces the availability of the Implementation schedule for the South Florida Multi-Species Recovery Plan (MSRP). The MSRP, as approved in 1999, included a discussion of the need for a coordinated effort to develop an implementation schedule. This implementation schedule was prepared with the assistance of the South Florida Multi- species/Ecosystem Recovery Implementation Team (MERIT). The implementation schedule prioritizes the recovery tasks as described in the MSRP on a community level, and identifies the associated participating parties, time frames, and costs necessary to accomplish those tasks.
Notice of Availability for the Lost Pines Habitat Conservation Plan and Draft Environmental Assessment in Support of the County of Bastrop's Permit Application for Incidental Take of the Houston Toad Resulting From a Variety of Development and Other Land Use Activities in a 124,000-Acre Plan Area in Bastrop County, TX
The County of Bastrop (County) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to Section 10(a) of the Endangered Species Act (Act). The applicant has been assigned permit number TE-113500-0. The requested permit, which is for a period of 30 years, would authorize the incidental take of the endangered Houston toad (Bufo houstonensis). The proposed take would occur as a result of new residential, commercial, and multi-family development; expansion of existing residential, commercial, and multi- family development; ongoing uses of previously developed lands; Bastrop County infrastructure maintenance and improvement; emergency services; conservation subdivision development; wildlife management activities; forestry management activities; and agricultural management activities in an approximately 124,000-acre Plan Area in Bastrop County, Texas.
Migratory Bird Permits; Removal of Migratory Birds From Buildings
We, the U.S. Fish and Wildlife Service, propose changes in the regulations governing migratory bird permitting. We propose to amend 50 CFR part 21 to allow removal of migratory birds (other than federally listed threatened or endangered species, bald eagles, and golden eagles) from buildings in which the birds may pose a threat to themselves, to public health and safety, or to commercial interests.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.
Issuance of Permits
The following permits were issued.
List of Programs Eligible for Inclusion in Fiscal Year 2007 Funding Agreements With Self-Governance Tribes
We, the Fish and Wildlife Service (Service), publish this notice to list programs or portions of our programs that are eligible for inclusion in Fiscal Year 2007 funding agreements with self- governance tribes, and to list programmatic targets pursuant to section 405(c)(4) of the Tribal Self-Governance Act.
Notice of Availability of a Final Environmental Impact Statement/Environmental Impact Report for the Pacific Gas & Electric Company San Joaquin Valley Operations and Maintenance Program Habitat Conservation Plan, San Joaquin Valley, CA
This notice announces the availability of the Pacific Gas & Electric Company San Joaquin Valley Operations and Maintenance Program Final Habitat Conservation Plan (Plan), Implementing Agreement (IA), and the final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for public review and comment. The Fish and Wildlife Service (Service) is considering the proposed action of issuing a 30- year permit, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended (ESA), for take of 65 species (covered species) in response to receipt of an application from Pacific Gas & Electric Company (PG&E). The proposed permit would authorize take of individual members of animal species listed under the ESA. The permit is needed because take of species could occur during routine operations and maintenance activities and minor construction on PG&E's gas and electrical distribution facilities, and other activities associated with the implementation of the final Plan. These covered activities are to occur within a 12.1 million-acre planning area located in the San Joaquin Valley, California. The final Plan describes the actions and the measures PG&E will implement to minimize and mitigate take of the covered species.
Proposed Information Collection; OMB Control Number 1018-0022; Federal Fish and Wildlife License/Permit Applications and Reports, Migratory Birds
We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC, which is scheduled to expire on July 31, 2007. 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.
Draft Comprehensive Conservation Plan for Arrowwood National Wildlife Refuge, Foster and Stutsman Counties, ND
The U.S. Fish and Wildlife Service (Service) announces that the draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Arrowwood National Wildlife Refuge (Refuge) is available. This draft CCP/EA describes how the Service intends to manage this Refuge for the next 15 years.
Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations
On August 10, 2006, the U.S. Fish and Wildlife Service (Service or ``we'') published a final rule on resident Canada goose management. This proposed rule clarifies and slightly modifies several program requirements regarding eligibility, definitions, methodologies, and dates.
Lake Champlain Sea Lamprey Control Alternatives Workgroup
The U.S. Fish and Wildlife Service (Service, we, our), announces 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. The primary objective of the meeting will be to discuss potential focus research initiatives that may enhance alternative sea lamprey control techniques. The meeting is open to the public.
Proposed Information Collection; Electronic Reporting of Bird Electrocutions and Collisions with Power Lines
We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC.
Intent To Prepare a Draft Environmental Impact Report/Environmental Impact Statement for the Buena Vista Lagoon Restoration Project, San Diego County, CA
We, the Fish and Wildlife Service (Service), the California Department of Fish and Game (CDFG), and the State Coastal Conservancy (SCC) are announcing our intent to prepare a joint Draft Environmental Impact Report/Environmental Impact Statement (DEIR/DEIS) for the proposed restoration of approximately 200 acres (81 hectares) of wetland habitat at Buena Vista Lagoon, a coastal lagoon in the cities of Carlsbad and Oceanside, CA. The Buena Vista Lagoon is a State Ecological Reserve, managed by the CDFG. It is bordered by the Pacific Ocean on the west, Vista Way/State Highway 78 on the north, and Jefferson Street on the east and south. The proposed action, for purposes of environmental analysis, is restoration of the Buena Vista Lagoon to a predominantly tidal saltwater system to increase shorebird and marine fish habitat, while taking advantage of the lagoon basin bathymetry to protect and enhance existing freshwater habitat at the lagoon's upper (easterly) end that supports sensitive bird species. The DEIR/DEIS is being developed to assess the impacts of various lagoon restoration alternatives as discussed below and further identified during the public scoping process.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Spikedace (Meda fulgida) and the Loach Minnow (Tiaroga cobitis)
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the spikedace (Meda fulgida) and loach minnow (Tiaroga cobitis) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 522.2 river miles (mi) (840.4 kilometers (km)) are designated as critical habitat. Critical habitat is located in Catron, Grant, and Hidalgo Counties in New Mexico, and Apache, Graham, Greenlee, Pinal, and Yavapai Counties in Arizona.
Endangered and Threatened Wildlife and Plants; Reclassification of the American Crocodile Distinct Population Segment in Florida From Endangered to Threatened
We, the U.S. Fish and Wildlife Service (Service), are reclassifying the American crocodile (Crocodylus acutus) distinct vertebrate population segment (DPS) in Florida from endangered to threatened, under the authority of the Endangered Species Act of 1973, as amended (Act). The endangered designation no longer correctly reflects the current status of this DPS due to a substantial improvement in the species' status. This action is based on a review of all available data, which indicate, for example, that since its listing in 1975, the American crocodile population in Florida has more than doubled and its distribution has expanded. Land acquisition has also provided protection for many important nesting areas. We have determined that the American crocodile in its range in Florida meets the criteria of a DPS as stated in our policy of February 17, 1996. With this rule, we are designating the American crocodile in Florida as a DPS, and this DPS will remain protected as a threatened species under the Act. The status of the American crocodile throughout the remainder of its range, as described in our December 18, 1979, final rule, will remain endangered.
Endangered Species Recovery Permit Applications
We invite the public to comment on the following applications to conduct certain activities with endangered species.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Hine's Emerald Dragonfly
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period and the availability of the draft economic analysis for the proposed designation of critical habitat for the endangered Hine's emerald dragonfly (Somatochlora hineana) under the Endangered Species Act of 1973, as amended (Act). We are also revising our proposed rule, published on July 26, 2006 (71 FR 42442), to include an additional proposed critical habitat unit in Door County, Wisconsin, and amending the Required Determinations for the proposal. The draft economic analysis forecasts that costs associated with conservation activities for the Hine's emerald dragonfly would range from $16.8 million to $46.7 million in undiscounted dollars over the next 20 years. In discounted terms, potential economic costs are estimated to be $13.3 to $34.5 million (using a 3 percent discount rate) and $10.5 to $25.2 million (using a 7 percent discount rate). In annualized terms, potential costs are expected to range from $0.8 to $2.3 million annually (annualized at 3 percent) and $0.9 to $2.4 million annually (annualized at 7 percent). We are reopening the public comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, our revision to the proposed rule, the associated draft economic analysis, and the amended Required Determinations. 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.
Notice of Intent To Prepare Comprehensive Conservation Plans and Environmental Assessments for Mandalay and Bayou Teche National Wildlife Refuges in South Louisiana
This notice advises the public that the Fish and Wildlife Service intends to gather information necessary to prepare comprehensive conservation plans and environmental assessments pursuant to the National Environmental Policy Act and its implementing regulations for Mandalay and Bayou Teche National Wildlife Refuges in Terrebonne and Saint Mary Parishes, Louisiana. Mandalay and Bayou Teche Refuges are two of the eight refuges administered by the Southeast Louisiana National Wildlife Refuge Complex. 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, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlife-dependent 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 documents.
Draft Comprehensive Conservation Plan and Environmental Assessment for Missisquoi National Wildlife Refuge
The U.S. Fish and Wildlife Service (Service) announces the availability of the Missisquoi National Wildlife Refuge (NWR) Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA). It describes how we intend to manage Missisquoi NWR during the next 15 years. We prepared this Draft CCP/EA in conformance with the National Environmental Policy Act (NEPA) and the National Wildlife Refuge System Administration Act, as amended.
Receipt of an Application for an Incidental Take Permit for Construction of a Combination of Commercial Buildings and Residential Units in Palm Beach County, FL
We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Royal Tequesta LLC (Applicant) requests an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 2.24 acres of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to partial land clearing of their 6-acre lot and subsequent commercial and residential construction and supporting infrastructure in Palm Beach County, Florida (Project). The destruction of 2.24 acre 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.
Proposed Information Collection; OMB Control Number 1018-0123; International Conservation Grant Programs
We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC, which is scheduled to expire on June 30, 2007. 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.
Proposed Information Collection; OMB Control Number 1018-0094; Federal Fish and Wildlife License/Permit Applications, Native Endangered and Threatened Species, 50 CFR 13 and 17
We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC, which is scheduled to expire on September 30, 2007. 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.
Proposed Information Collection; OMB Control Number 1018-0015; Migratory Bird Surveys
We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. 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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Peck's Cave Amphipod, Comal Springs Dryopid Beetle, and Comal Springs Riffle Beetle
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for the Peck's cave amphipod (Stygobromus pecki), Comal Springs dryopid beetle (Stygoparnus comalensis), and Comal Springs riffle beetle (Heterelmis comalensis) (Comal springs invertebrates, or CSI) under the Endangered Species Act of 1973, as amended (Act), and the availability of the draft economic analysis of the proposed designation of critical habitat. The draft economic analysis forecasts future impacts associated with conservation efforts in areas proposed as critical habitat to be $23.3 million over the next 20 years under scenario 1 (scenario description described in Background), or $152 million under scenario 2 in undiscounted dollars (annualized dollars are estimated at $1.2 million under scenario 1 and $7.6 million under scenario 2). Future economic impacts associated with conservation efforts in areas proposed as critical habitat at a 3 percent discount rate are estimated to be $17.1 million over the next 20 years under Scenario 1, or $111.3 million under scenario 2 (annualized dollars are estimated at $1.2 million under scenario 1 and $7.5 million under scenario 2). Future economic impacts associated with conservation efforts in areas proposed as critical habitat at a 7 percent discount rate are estimated to be $11.9 million over the next 20 years under scenario 1, or $77.3 million under scenario 2 (annualized dollars are estimated at $1.2 million under scenario 1 and $7.4 million under scenario 2). It should be noted that the majority of economic impacts quantified in this draft EA are jointly caused by eight endangered species, including the three CSI. Because all of these species reside in the same habitat, separating future impacts of CSI from those of the other listed species in the aquifer is not possible.
Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2007-08 Subsistence Taking of Fish and Shellfish Regulations
This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2007-08 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. This rulemaking replaces the fish and shellfish taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D2006-07 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on March 31, 2007. This rule also amends the Customary and Traditional Use Determinations of the Federal Subsistence Board (Sec. .24 of subpart C).
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.
Issuance of Permits
The following permits were issued.
Endangered and Threatened Species Permit Applications
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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Catesbaea melanocarpa
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for the plant Catesbaea melanocarpa (no common name) 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). The draft economic analysis identifies potential costs of approximately $132,300 to $441,000 over a 20-year period as a result of the proposed designation of critical habitat, including those costs coextensive with listing. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. If you previously submitted comments on the proposed rule, you need not resubmit them, because we have incorporated them into the public record and will fully considered them in preparation of our final rule.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Acanthomintha ilicifolia
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Acanthomintha ilicifolia (San Diego thornmint) under the Endangered Species Act of 1973, as amended (Act). We have determined that a total of approximately 1,936 acres (ac) (783 hectares (ha)) in San Diego County, California, meets the definition of critical habitat. We are proposing to exclude 1,302 ac (527 ha) from the critical habitat designation. If these proposed exclusions are adopted, this would result in a designation of critical habitat of approximately 634 ac (257 ha) of land under Federal (553 ac (224 ha)), and State and local (81 ac (33 ha)), ownership in San Diego County, California.
Supplements to the Grizzly Bear Recovery Plan
We, the Fish and Wildlife Service (Service), announce the availability of two supplements to the Grizzly Bear (Ursus arctos horribilis) Recovery Plan. The supplements, appended to the Grizzly Bear Recovery Plan, present revised methods to estimate population size and sustainable mortality limits for the Yellowstone grizzly bear population, and establish habitat-based recovery criteria for the Yellowstone grizzly bear population.
Endangered and Threatened Wildlife and Plants; Final Conservation Strategy for the Grizzly Bear in the Greater Yellowstone Area
We, the Fish and Wildlife Service (Service), announce the availability of the Final Conservation Strategy for the Grizzly Bear in the Greater Yellowstone Area (Final Conservation Strategy). This document will guide management decisions for the Yellowstone grizzly bear population upon delisting.
Issuance of Permits
The following permits were issued.
Proposed Low-Effect Quino Checkerspot Butterfly Habitat Conservation Plan for the San Diego Gas and Electric Company, San Diego, Riverside, and Orange Counties, CA
We, the U.S. Fish and Wildlife Service (Service), have received an application from the San Diego Gas and Electric Company (Applicant) for a 40-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 endangered Quino checkerspot butterfly (Euphydryas editha quino) associated with the operation and maintenance of the existing gas and electric system, and construction of new facilities. A conservation program to mitigate for the project activities would be implemented by the Applicant as described in the Quino Checkerspot Butterfly Habitat Conservation Plan for the San Diego Gas and Electric Company, San Diego, Riverside and Orange Counties, California (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 and the associated Low Effect Screening Form (Screening Form), which is also available for public review.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Watercress Darter National Wildlife Refuge
The Fish and Wildlife Service intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment for Watercress Darter National Wildlife Refuge. This notice is furnished in compliance with the Service's comprehensive conservation planning policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.
Cabo Rojo National Wildlife Refuge, Boquerón, PR
We, the Fish and Wildlife Service, intend to gather information necessary to prepare a comprehensive conservation plan and associated environmental documents for the Cabo Rojo National Wildlife Refuge. We furnish this notice in compliance with our comprehensive conservation planning policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.
Buck Island, Green Cay, and Sandy Point National Wildlife Refuges in the U.S. Virgin Islands
We, the Fish and Wildlife Service, intend to gather information necessary to prepare a comprehensive conservation plan and associated environmental documents for Buck Island, Green Cay, and Sandy Point National Wildlife Refuges. We furnish this notice in compliance with our comprehensive conservation planning policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.
Post-delisting Monitoring Plan for Eggert's Sunflower (Helianthus eggertii)
We, the Fish and Wildlife Service, announce the availability of the Post-delisting Monitoring Plan for Eggert's sunflower (Helianthus eggertii) (Monitoring Plan). The status of Eggert's sunflower will be monitored over a 5-year period from 2006 through 2010, through annual evaluation of information routinely being collected by seven agencies that have entered into long-term management agreements with us covering 27 populations of Eggert's sunflowers, combined with a total census of these populations during the second and fifth year of the monitoring period.
Notice of Availability of a Final Environmental Impact Statement/Environmental Impact Report for the East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan and Receipt of Application for an Incidental Take Permit From the Contra Costa County Flood Control and Water District, Contra Costa County, CA
This notice announces the receipt of an application from the Contra Costa County Flood Control and Water District (Flood Control District) and the availability of the final Environmental Impact Statement/Environmental Impact Report (EIS/EIR), East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan (Plan), and Implementing Agreement (IA) for public review and comment. A notice of availability of the draft EIS/EIR was published in the Federal Register on September 2, 2005. The application described in that notice did not include the Flood Control District, which has since been added to the list of proposed permittees. The Fish and Wildlife Service (Service) is considering the proposed action of issuing a 30- year incidental take permit for 28 species in response to the application. The proposed permittees are: Contra Costa County (County); the cities of Brentwood, Clayton, Oakley, and Pittsburg (cities); the Flood Control District; East Bay Regional Park District; and an Implementing Entity to be formed by the County and the cities to implement certain aspects of the Plan. The proposed permit would authorize the incidental take of individual members of species listed under the ESA. The permit is needed because take of species could occur during proposed urban development activities, rural infrastructure projects, and preserve management activities within a 174,018-acre planning area located in eastern Contra Costa County, California.
South Bay Salt Pond Restoration Project, San Francisco Bay, CA
The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (CDFG) are proposing a restoration plan for 15,100 acres (6,111 hectares) of former commercial salt ponds in south San Francisco Bay. This South Bay Salt Pond (SBSP) Restoration Project would use a combination of restored tidal marsh, managed ponds, flood control measures and public access features to meet the three goals of the plan: to restore wildlife habitat, to provide flood protection and to provide wildlife-oriented public access. The ponds are located at the Don Edwards San Francisco Bay National Wildlife Refuge and at the Eden Landing State Ecological Reserve. The Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) includes program-level evaluation of the SBSP long- term alternatives as well as project-level analysis of the first phase of restoration (the Phase 1 actions). The Draft EIS/EIR has been prepared jointly by the Service, the U.S. Army Corps of Engineers (Corps) and the CDFG to analyze the impacts of the SBSP. The EIS/EIR presents a limited evaluation of the potential impacts associated with the list of possible South San Francisco Bay Shoreline Study (Shoreline Study) actions. The Shoreline Study area includes the SBSP Restoration Project area as well as shoreline and floodplain areas in the counties of Alameda, San Mateo, and Santa Clara. The Corps and non-Federal sponsors will prepare an EIS/EIR for the Shoreline Study, which will tier off of this EIS/EIR and cover specific project-level actions. Note that the Draft SBSP EIS/EIR is being submitted for public review under separate Federal and State processes. The following addresses and due dates are applicable to the Federal NEPA review process:
Notice of Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Copper Mountain College Habitat Conservation Plan, San Bernardino, CA
The Copper Mountain Community College District (District) has applied to the 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 16-year permit to the District that would authorize take of the federally threatened desert tortoise (Gopherus agassizii) incidental to otherwise lawful activities associated with the expansion of their existing campus onto 71.57 acres of their 156.53-acre property. We are requesting comments on the permit application, Habitat Conservation Plan (Plan), Environmental Assessment (EA), and Implementing Agreement (IA). The District's Plan 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 (see SUPPLEMENTARY INFORMATION). The EA describes the project's impacts on the human environment and analyzes the significance of those impacts. The IA describes the roles and responsibilities of District, the Service, and Joshua Tree National Park (Park) in implementation of the Plan. The draft Plan, EA, and IA are available for public review.
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