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

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

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.

We invite the public to comment on the following applications to conduct certain activities with endangered species.

The U.S. Fish and Wildlife Service (Service) announces the availability for public review of the draft revised Recovery Plan for the Apache trout (Oncorhynchus apache). The Apache trout currently inhabits the upper Salt River and Little Colorado River drainages in Arizona. The Service solicits review and comment from the public on this draft revised Recovery Plan. The Service will also accept any new information received during the comment period to complete its 5-year review of the Apache trout.

We, the U.S. Fish and Wildlife Service (Service), propose to revise currently designated critical habitat for Astragalus magdalenae var. peirsonii (Peirson's milk-vetch) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 16,108 acres (ac) (6,519 hectares (ha)) in Imperial County, California, fall within the boundaries of the proposed revised critical habitat designation. Lands being proposed as critical habitat are under Federal (15,857 ac (6,418 ha)), private (240 ac (97 ha)), and State (11 ac (4 ha)) ownership. Section 4 of the Act requires us to consider the economic and other relevant impacts of specifying any area as critical habitat. We have conducted an analysis of the economic impacts of designating the aforementioned areas as critical habitat for Astragalus magdalenae var. peirsonii, and are announcing the availability of the draft economic analysis for public review. We hereby solicit data and comments from the public on all aspects of this revised proposal, including data on the economic and other impacts of the designation. We are also announcing that public hearings will be held on both the proposed critical habitat rule and the draft economic analysis.

We, the U.S. Fish and Wildlife Service (Service), have received an application from the Salt River Project (SRP) (applicant) for an incidental take permit under the Endangered Species Act (Act) of 1973, as amended. If approved, the permit would be for a period of 50 years, and would authorize incidental take of 16 species currently listed under the Act, as well as of species that may become listed under the Act in the future. We request comments and plan to hold a public hearing on the application and associated documents.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to renew 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. This IC is scheduled to expire on October 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.

The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2007-08 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 public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

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 information collection 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

The U.S. Fish and Wildlife Service published FR Doc. E7-9281 in the Federal Register on May 15, 2007, announcing availability of the Draft Revised Comprehensive Conservation Plan and Environmental Assessment for Kanuti National Wildlife Refuge. The document identified a review period ending on July 16, 2007. Because summer is such a busy time in Alaska, we are concerned that many people will not be able to meet our deadline; therefore we announce extension of the review period until September 15, 2007.

We, the U.S. Fish and Wildlife Service (Service, We) announces that the draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Rainwater Basin Wetland Management District (WMD, District) is available. This draft CCP/EA describes how the Service intends to manage this District for the next 15 years. We request public comment.

We, the Fish and Wildlife Service, announce a public meeting of the Sport Fishing and Boating Partnership Council (Council).

We, the Fish and Wildlife Service (Service), announce the availability of incidental take permit (ITP) and Habitat Conservation Plan (HCP). David Boxer (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 0.23 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The destruction of 0.23 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 scrub-jay.

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, in coordination with the California Department of Fish and Game (DFG), California Energy Commission, the California Department of Conservation Division of Oil, Gas and Geothermal Resources, and the County of Kern, a joint Environmental Impact Report/Environmental Impact Statement (EIR/EIS) on the Kern County Valley Floor Habitat Conservation Plan (VFHCP) Project. The VFHCP is being prepared under Section 10(a)(1)(B) of the Federal Endangered Species Act of 1973, as amended (Act). The County of Kern intends to apply for a 30-year incidental take permit from the Service. The permit is needed to authorize the incidental take of threatened and endangered species that could occur as a result of public and private development. The Service provides this notice to (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIR/EIS; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIR/EIS.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to renew 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. This IC is scheduled to expire on November 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.

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

The following permit was issued.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list 12 penguin species: emperor penguin (Aptenodytes forsteri), southern rockhopper penguin (Eudyptes chrysocome), northern rockhopper penguin (Eudyptes moseleyi (E. chrysocome moseleyi)), fiordland crested penguin (Eudyptes pachyrhynchus), snares crested penguin (Eudyptes robustus), erect- crested penguin (Eudyptes sclateri), macaroni penguin (Eudyptes chrysolophus), royal penguin (Eudyptes schlegeli), white-flippered penguin (Eudyptula albosignata (E. minor albosignata)), yellow-eyed penguin (Megadyptes antipodes), African penguin (Spheniscus demersus), and Humboldt penguin (Spheniscus humboldti) 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 10 species of penguins may be warranted. We, therefore, are initiating a status review of 10 species of penguins to determine if listing under the Act is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding these species. We find the petition does not provide substantial scientific or commercial information indicating that listing of two species may be warranted: snares crested penguin and royal penguin. Therefore, we will not be initiating a status review for these two species in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of these two species or threats to them or their habitat at any time.

The U.S. Fish and Wildlife Service (Service or we) adds all forms of live silver carp (Hypophthalmichthys molitrix), gametes, viable eggs, and hybrids; and all forms of live largescale silver carp (Hypophthalmichthys harmandi), gametes, viable eggs, and hybrids to the list of injurious fish, mollusks, and crustaceans under the Lacey Act. The best available information indicates that this action is necessary to protect the interests of human beings, and wildlife and wildlife resources, from the purposeful or accidental introduction, and subsequent establishment, of silver carp and largescale silver carp populations in ecosystems of the United States. Live silver carp and largescale silver carp, gametes, viable eggs, and hybrids can be imported only by permit for scientific, medical, educational, or zoological purposes, or without a permit by Federal agencies solely for their own use; permits will also be required for the interstate transportation of live silver or largescale silver carp, gametes, viable eggs, or hybrids currently within the United States. Interstate transportation permits may be issued for scientific, medical, educational, or zoological purposes.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and Habitat Conservation Plan (HCP). Eber Cove, LLC (applicant) requests an incidental take permit (ITP) for a duration of 5 years pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 1.55 acre (ac) of Florida scrub-jay (Alphelocoma coerulescens)occupied habitat incidental to constructing a single-family-home subdivision in Brevard County, Florida (project). The applicant's HCP describes the mitigation and minimization measures the applicant proposes to address the effects of the project to the scrub-jay.

The best available scientific and commercial data indicate that the bald eagle has recovered. Therefore, under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service, remove (delist) the bald eagle (Haliaeetus leucocephalus) in the lower 48 States of the United States from the Federal List of Endangered and Threatened Wildlife. This determination is based on a thorough review of all available information, which indicates that the threats to this species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of threatened or endangered under the Act. Fueled by a reduction in the threats to the bald eagle, the population in the lower 48 States has increased from approximately 487 breeding pairs in 1963, to an estimated 9,789 breeding pairs today. The recovery of the bald eagle is due in part to the reduction in levels of persistent organochlorine pesticides (such as DDT) occurring in the environment and habitat protection and management actions. The protections provided to the bald eagle under the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA) will continue to remain in place after the species is delisted. To help provide more clarity on the management of bald eagles after delisting, we recently published a regulatory definition of ``disturb'', the final National Bald Eagle Management Guidelines and a proposed rule for a new permit that would authorize limited take under BGEPA and grandfather existing Act authorizations.

This notice advises the public that the U.S. Fish and Wildlife Service (Service, we) intends to prepare a Comprehensive Conservation Plan (CCP) and associated environmental compliance document for the Guam National Wildlife Refuge (Refuge). The Refuge includes the Ritidian Unit in northern Guam and two overlay units, the Andersen Air Force Base Unit in northern Guam and the Navy Unit. The Navy Unit includes portions of the Naval Computer and Telecommunications Station (NCTS) and Public Works Center (PWC) in northern Guam, and portions of the Naval Station and Ordnance Annex areas in central and southern Guam. We are furnishing this notice to advise the public and other agencies of our intentions, and to obtain public comments, suggestions, and information on the scope of issues to be considered during the CCP planning process. The Refuge will hold a public open house to provide information about the CCP and the planning process, and to obtain public comments (see SUPPLEMENTARY INFORMATION for details).

The Fish and Wildlife Service (Service) announces the availability for review of the Draft Comprehensive Conservation Plan and Environmental Impact Statement for Lake Umbagog National Wildlife Refuge (NWR). The Service prepared the Draft CCP/EIS in compliance with the National Environmental Policy Act of 1969 and the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997. We request public comments.

The U.S. Fish and Wildlife Service (Service, we or us) announces the reopening of the comment period for the proposed rule to establish a distinct population segment (DPS) of the gray wolf (Canis lupis) 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 under the Endangered Species Act of 1973, as amended (Act). The State of Wyoming has a new statute and has advised the Service that it is appropriate to analyze a new draft wolf management plan that the Service believes could allow the wolves in northwestern Wyoming outside the National Parks to be removed from the protections of the Act. We are reopening the proposal's comment period to ensure that the public has full access to, and an opportunity to comment on, the proposed rule in light of this new information. We also announce the location and time of an additional public hearing to receive public comments on the proposal in light of the new information. If you have previously submitted comments, please do not resubmit them because we have already incorporated them in the public record and will fully consider them in our final decision.