Fish and Wildlife Service July 6, 2007 – Federal Register Recent Federal Regulation Documents

The City of Fontana (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 widening of Jurupa Avenue between Sierra and Tamarind avenues in the City of Fontana, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Jurupa Avenue Widening 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.

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 (Service), on behalf of the Department of the Interior (DOI), as the sole natural resource trustee, announces the release of the Final Restoration Plan (RP) for the Cortese Landfill Superfund Site (Site). As a result of remedial activities and off-Site migration of Site-related contaminants, 1.6 acres of wetlands were destroyed and/or degraded. Adversely affected natural resources include waterfowl, wading birds, hawks, woodpeckers, swallows, migratory songbirds, invertebrates, reptiles, and amphibians. In addition, the section of the Upper Delaware River watershed near the Site hosts the largest population of wintering bald eagles in the Northeast. An embayment of the Delaware River adjacent to the Site provides feeding and/or spawning habitat for forage fish, American shad, striped bass, and American eel. the funds available from this settlement for restoration activities total approximately $85,000. The restoration project selected for implementation in the Final RP involves wet meadow/wetland restoration and protection. The Final RP presents the preferred alternative consisting of a restoration project that compensates for injuries to natural resources caused by contaminant releases and remedial activities associated with the Site.

We, the U.S. Fish and Wildlife Service (Service), propose revisions to the 2005 special rule for the central Idaho and Yellowstone area nonessential experimental population of the gray wolf (Canis lupus) in the northern Rocky Mountains (NRM). Specifically, this rule proposes to modify the definition of ``unacceptable impacts'' to wild ungulate populations so that States and Tribes with Service- approved post-delisting wolf management plans can better address the impacts of a biologically recovered wolf population on ungulate populations and herds while wolves remain listed. We also propose to modify the 2005 special rule to allow private citizens in States or on Tribal lands with approved post-delisting wolf management plans to take wolves that are in the act of attacking their stock animals or dogs. All other provisions of the 2005 special rule, including the process to obtain Service approval and the conditions for reporting all wolf take, would remain unchanged. As under the existing terms of the 2005 special rule, these proposed modifications would not apply with respect to States or Tribes without approved post-delisting wolf management plans and would not impact wolves outside the Yellowstone or central Idaho nonessential experimental population areas. A draft environmental assessment will be prepared on this proposed action.