Fish and Wildlife Service June 2007 – Federal Register Recent Federal Regulation Documents

The U.S. Fish and Wildlife Service (Service or we) proposes to amend the regulations for the Upper Mississippi River National Wildlife and Fish Refuge (refuge) that pertain to existing programs for migratory game bird hunting, upland game hunting, big game hunting, and sport fishing. These changes would take effect with the 2007-2008 season and would implement the recently completed Comprehensive Conservation Plan (CCP) for the refuge. This amendment would replace current refuge regulations found at 50 CFR 32.32 (Illinois), place the proposed regulations at 50 CFR 32.42 (Minnesota) to match the State listing with the location of the refuge headquarters, and cross reference those regulations in 50 CFR 32.34 (Iowa) and 32.69 (Wisconsin).

The Fish and Wildlife Service intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment for J.N. ``Ding'' Darling 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.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Tierra del Sol at Jupiter, LLC (Applicant) request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 0.54 acre of foraging and sheltering habitat occupied by the threatened Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) incidental to partial land clearing of their 4.07-acre lot and subsequent commercial and residential construction and supporting infrastructure in Palm Beach County, Florida (Project). The Applicant's HCP describes the mitigation and minimization measures proposed to address the effects of the Project on the Florida scrub-jay.

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 marbled murrelet (Brachyramphus marmoratus) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis for the proposed critical habitat designation and amended required determinations for the proposal. The draft economic analysis estimates the post-designation impacts associated with marbled murrelet conservation efforts in areas proposed for final critical habitat designation to range from $69.4 million to $1.42 billion at present value over a 20-year period in undiscounted dollars, $38.1 million to $535 million ($2.22 million to $16.8 million annualized) assuming a 3 percent discount rate, or $24.2 million to $251 million ($2.18 million to $12 million annualized) assuming a 7 percent discount rate. We are reopening the comment period to allow all interested parties the opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted on the proposed rule need not be resubmitted as they are already part of the public record and will be fully considered in preparation of the final rule.

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). This meeting is open to the public, and interested persons may present oral or written statements.

The Fish and Wildlife Service (Service) has completed a Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Turnbull National Wildlife Refuge (Refuge). The CCP was developed to provide a foundation for the management and use of the Refuge. The Service is furnishing this notice to advise other agencies and the public of the availability of the CCP and FONSI, and the decision to implement Alternative 3 as described in the CCP. The Service's Regional Director for the Pacific Region selected Alternative 3 for managing the Refuge for the next 15 years. Changes to Refuge management include: Addition of an elk hunting program, addition of a youth waterfowl hunt, expansion of the Refuge, and expansion of the interpretive, environmental education, wildlife viewing, and wildlife photography facilities and programs.

We, the U.S. Fish and Wildlife Service (Service), announce a revised proposed critical habitat designation for the guaj[oacute]n (Eleutherodactylus cooki). We are reopening the public comment period to accept comments on proposed additional critical habitat units and revised required determinations, and also to announce the availability of and accept comments on our draft economic analysis of the proposed designation of critical habitat under the Endangered Species Act of 1973, as amended (Act). We are allowing all interested parties an opportunity to comment simultaneously on the original proposed rule, the proposed additional critical habitat units, the revised required determinations, and the associated draft economic analysis. If you submitted comments previously on the original proposed rule, you need not resubmit them, as we will incorporate them into the public record and fully consider them as we prepare the final rule. We are proposing five additional critical habitat units totaling 43.4 acres (ac) (17.5 hectares (ha)). With their inclusion, we are proposing 17 critical habitat units for the species, for a total of 260.6 ac (105.6 ha). The amendments we propose in this document are in addition to, and not in lieu of, the proposed designation we published in our original proposed rule of October 5, 2006. The draft economic analysis, that includes the additional units, finds that potential future costs associated with conservation activities for the guaj[oacute]n are estimated at $4.34 million in undiscounted dollars, $4.28 million when discounted at 3 percent, and $4.23 million when discounted at 7 percent over the 20 year period 2007-2026. Annualized future costs are $288,000 and $399,000 using a 3 percent and 7 percent discount rate, respectively.

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

We, the U.S. Fish and Wildlife Service, announce a 60-day extension of the comment period for the Draft Recovery Plan for the Northern Spotted Owl (Strix occidentalis caurina) (northern spotted owl).

We, the U.S. Fish and Wildlife Service (Service), announce our 12-month finding for a petition to list the Colorado River cutthroat trout (CRCT) (Oncorhynchus clarkii pleuriticus) as a threatened species throughout its range in the United States, pursuant to the Endangered Species Act of 1973, as amended. After a thorough review of all available scientific and commercial information, we find that listing the CRCT as either threatened or endangered is not warranted at this time. We ask the public to continue to submit to us any new information that becomes available concerning the status of or threats to the subspecies. This information will help us to monitor and encourage the ongoing conservation of this subspecies.

Crown Enterprises (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 3-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 endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) associated with the proposed commercial development on a 3.2-acre site in the City of Rialto, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed 3.2-acre Crown Enterprise Site, City of Rialto, San Bernardino County, California Low Effect Habitat Conservation Plan (proposed HCP), which would be implemented by the applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed HCP qualifies as a ``Low- effect'' Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement (EAS) and the associated Low Effect Screening Form, which are also available for public review.

We, the U.S. Fish and Wildlife Service (Service), propose to revise the critical habitat designation for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act of 1973, as amended (Act). In 1992, we designated critical habitat for the northern spotted owl on 6,887,000 acres (ac) (2,787,070 hectares (ha)) of Federal lands in California, Oregon, and Washington. In this document we propose revised critical habitat for the northern spotted owl on a total of approximately 5,337,839 acres (ac) (2,160,194 hectares (ha)) of Federal lands in California, Oregon, and Washington. If adopted, this action would result in a net decrease of approximately 1,549,161 ac (626,915 ha) of designated critical habitat for the northern spotted owl.

The following permits were issued.

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application for a 20-year EOS permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act), from Bob Mack and Carolyn Williams (applicants). The permit application includes a proposed 3-year SHA between the applicants and us. We are accepting comments on the SHA, permit application, and EAS.

Union Pacific Railroad (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-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 endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) associated with the proposed double-tracking and rail and drainage improvements in the City of Colton, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Union Pacific Railroad Alhambra Subdivision Project Low Effect Habitat Conservation Plan (proposed HCP), which would be implemented by the applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed HCP qualifies as a ``Low- effect'' Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement (EAS) and the associated Low Effect Screening Form, which are also available for public review.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the Utah (desert) valvata snail (Valvata utahensis) from the Federal List of Endangered and Threatened Wildlife (List) pursuant to the Endangered Species Act (Act). We find that the petition presents substantial scientific information that delisting the Utah valvata snail may be warranted, and are initiating a status review. We plan to conduct this review concurrent with the ongoing status review initiated on April 11, 2006 (71 FR 18345), which we are required to make every 5 years under section 4(c)(2)(A) of the Act. We are requesting submission of any new information on the Utah valvata snail since its original listing as an endangered species in 1992. At the conclusion of these simultaneous reviews, we will make the requisite recommendation under section 4(c)(2)(B) of the Act and will issue a 12-month finding on the petition, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the yellow-billed loon (Gavia adamsii) as threatened or endangered, under the Endangered Species Act of 1973, as amended. We find that the petition presents substantial scientific information indicating that the petitioned action may be warranted. As a result of this action, the Service also announces the commencement of a thorough status review to determine if listing the yellow-billed loon may be warranted. We ask the public to submit to us any pertinent information concerning the status of or threats to this species. We will also be working with other agencies to gain additional data where gaps in our current information on this species exist. In addition, together with the Bureau of Land Management, the Alaska Departments of Fish and Game and Natural Resources, the U.S. Geological Survey, and the National Park Service, we have developed a Conservation Agreement for the yellow-billed loon, which addresses a subset of threats to the loon in a subset of the species' range. We invite comments on management strategies and research needs that should be considered in annual reviews of the Conservation Agreement.

The U.S. Fish and Wildlife Service and the National Park Service, U.S. Department of the Interior, as lead agencies, announce the availability of a Record of Decision (ROD) for the final Bison and Elk Management Plan (Plan) and Environmental Impact Statement (EIS) for the National Elk Refuge and Grand Teton National Park/John D. Rockefeller, Jr., Memorial Parkway (Grant Teton National Park). The final Plan/EIS was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966; as amended; the National Park Service Management Policies of 2006; and the National Environmental Policy Act (NEPA). The final Plan/EIS was prepared in cooperation with the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS); the U.S. Department of Agriculture Forest Service; the Department of Interior Bureau of Land Management (BLM); and the State of Wyoming Game and Fish Department (WGFD). The final Plan/EIS describes our proposal for management of the Jackson bison and elk populations within their respective jurisdictions for 15 years. The effects of six alternatives for the management of bison and elk populations for the National Elk Refuge and Grand Teton National Park are disclosed in the final Plan/EIS and are described in the ROD. We adopted and plan to implement Alternative 4Adaptively Manage Habitat and Populations.

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

In anticipation of possible removal (delisting) of the bald eagle from the List of Threatened and Endangered Wildlife under the Endangered Species Act (ESA), the U.S. Fish and Wildlife Service (``we'' or ``the Service'') is proposing new permit regulations to authorize the take of bald and golden eagles under the Bald and Golden Eagle Protection Act (Eagle Act), generally where the take to be authorized is associated with otherwise lawful activities. Second, we are proposing regulatory provisions to provide take authorization under the Eagle Act to ESA section 10 permittees who continue to operate in full compliance with the terms and conditions of their existing permits. Additionally, these proposed permit regulations would establish permit provisions for intentional take of eagle nests in rare cases where their location poses a risk to human safety or to the eagles themselves.

This notice advises the public that National Bald Eagle Management Guidelines are available to the public.

The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) is available for Mingo, Pilot Knob, and Ozark Cavefish NWRs, Missouri. 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.