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

The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2007-08 late-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 number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2007-08 season.

This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2007-08 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the early-season migratory bird hunting regulations.

We, the U.S. Fish and Wildlife Service (the Service), are designating critical habitat for the endangered plant Catesbaea melanocarpa (no common name) under the Endangered Species Act of 1973, as amended (Act). Approximately 10.5 acres (ac) (4.3 hectares (ha)) fall within the boundaries of the critical habitat designation for C. melanocarpa in one unit located in Halfpenny Bay in Christiansted, St. Croix, U.S. Virgin Islands (USVI).

In this final rule, we, the Fish and Wildlife Service (FWS), revise the regulations that implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty that regulates international trade in certain protected species. CITES uses a system of permits and certificates to help ensure that international trade is legal and does not threaten the survival of wildlife or plant species in the wild. In this final rule, we have retained most of the general information in the current 50 CFR part 23, but reorganized the sections and added provisions from certain applicable resolutions and decisions adopted by the CITES Conference of the Parties (CoP) at its second through thirteenth meetings (CoP2 - CoP13). The revised regulations will help us more effectively promote species conservation, continue to fulfill our responsibilities under the Treaty, and help those affected by CITES to understand how to conduct lawful international trade in CITES species.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact for Rachel Carson National Wildlife Refuge (NWR). Prepared in conformance with 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, the plan describes how we intend to manage the refuge over the next 15 years.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Environmental Impact Statement for Vieques National Wildlife Refuge in Puerto Rico is available for distribution. The plan was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years. The compatibility determinations for wildlife observation, wildlife photography, and environmental education and interpretation; bicycling, horseback riding, hiking, jogging, and moped/motorcycle riding; and kayaking and canoeing are also available in the plan.

The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). Primary objectives of the meeting will include discussion of the following topics: Trinity River Restoration Program (TRRP) budget, channel rehabilitation progress and planning, TRRP science program, Klamath and Trinity river conditions, TRRP decision-making process, TAMWG-TMC communications, and experience with restoration efforts elsewhere. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public.

The Department of the Interior (DOI) proposes to revise its filming regulations to implement legislation that directs establishment of reasonable fees for commercial filming activities or similar projects, such as still photography, and to respond to applicants for commercial filming or still photography permits in a timely manner.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Astragalus anserinus (Goose Creek milk-vetch) 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 A. anserinus may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and we will issue a 12-month finding to determine if listing the species is warranted. To ensure that the status review is comprehensive, we are soliciting information and data regarding this species.

This notice advises the public that the Fish and Wildlife Service, Southwest Region, intends to gather information necessary to prepare a CCP and EA for Little Sandy National Wildlife Refuge, pursuant to the National Environmental Policy Act and its implementing regulations. The Service is furnishing this notice in compliance with the National Wildlife Refuge System Administration Act of 1966, to achieve the following: (1) Advise other agencies and the public of our intentions, (2) Obtain suggestions and information on the scope of issues to include in the environmental document.

The U.S. Fish and Wildlife Service (Service) announces that the San Joaquin River National Wildlife Refuge (Refuge) Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) are available for distribution. The CCP, prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, describes how the Service will manage the Refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Yellowstone National Park (YNP) bison herd as endangered under the Endangered Species Act of 1973, as amended (Act). On the basis of our review of the petition and information readily available in our files, we have determined that there is substantial information indicating that the YNP bison herd may meet the criteria of discreteness and significance as defined by our policy on distinct vertebrate population segments (DPS). However, we have also determined that there is not substantial information indicating that listing the YNP bison herd under the Act may be warranted throughout all or a significant part of its range. We will not initiate a status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of the YNP bison herd or threats to it or its habitat at any time. This information will help us monitor and encourage the conservation of the species.

The Fish and Wildlife Service (Service) has completed a Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Flattery Rocks, Quillayute Needles, and Copalis National Wildlife Refuges (Washington Islands Refuges, or Refuges). The CCP was developed to provide a foundation for the management and use of the Washington Islands Refuges. 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 B as described in the CCP. The Service's Regional Director for the Pacific Region selected Alternative B for managing the Refuges for the next 15 years. The Washington Islands Refuges are located off the Pacific Coast of Washington.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for Arenaria ursina, Castilleja cinerea, and Eriogonumkennedyi var. austromontanum 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 an amended Required Determinations section of the proposal. The draft economic analysis forecasts future costs associated with conservation efforts for the three listed plants in the areas proposed for designation to be $1.95 million (undiscounted) over the next 20 years. The present value of these impacts, applying a 3 percent discount rate, is $1.45 million ($0.10 million annualized); or $1.03 million, using a discount rate of 7 percent ($0.10 million annualized). The amended Required Determinations section provides our determination concerning compliance with applicable statutes and Executive Orders that we deferred until the information from the draft economic analysis of this proposal was available. We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rule, the associated draft economic analysis, and the amended Required Determinations section.

This notice advises the public that the Fish and Wildlife Service, Southwest Region, intends to gather information necessary to prepare a CCP and EA for Trinity River National Wildlife Refuge (Refuge), pursuant to the National Environmental Policy Act and its implementing regulations. The Service is furnishing this notice in compliance with the National Wildlife Refuge System Administration Act of 1966, 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 document.

The following permits were issued.

We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed designation of critical habitat for Piperia yadonii (Yadon's piperia). We also announce the availability of the draft economic analysis of the proposed critical habitat designation and an amended Required Determinations section of the proposal. The draft economic analysis for Piperia yadonii identifies estimated costs associated with conservation efforts for Piperia yadonii to range from $9.6 to $12.9 million (undiscounted) over a 20-year period as a result of the proposed designation of critical habitat, including those costs coextensive with listing and recovery. Discounted future costs are estimated to be $7.1 to $9.6 million ($0.47 to $0.63 million annualized) at a 3 percent discount rate or $5.1 to $6.8 million ($0.45 to $0.60 million annualized) at a 7 percent discount rate. The amended Required Determinations section provides our determination concerning compliance with applicable statutes and Executive Orders that we have deferred until the information from the draft economic analysis of this proposal was available. We are reopening the comment period for the proposed rule to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated draft economic analysis, and the amended Required Determinations section. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in preparation of the final designation.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Poa atropurpurea and Taraxacum californicum under the Endangered Species Act of 1973, as amended (Act). We propose approximately 3,014 acres (ac) (1,221 hectares (ha)) of land in San Bernardino and San Diego Counties, California, as critical habitat for P. atropurpurea, and approximately 1,930 ac (782 ha) of land in San Bernardino County, California, as critical habitat for T. californicum.

In accordance with the provisions of the Rocky Flats National Wildlife Refuge Act of 2001 (Pub. L. 107-107, 115 Stat. 1012, 1380- 1387) hereinafter referred to as the ``Refuge Act,'' the Secretary of Energy has transferred primary administrative jurisdiction over approximately 3,953.03 acres of real property at the former Rocky Flats Environmental Technology Site (RFETS), Jefferson and Boulder Counties, Colorado, to the Secretary of the Interior. Pursuant to section 3177(d) of the ``Refuge Act,'' the Secretary of the Interior hereby provides notice of the establishment of the Rocky Flats National Wildlife Refuge (Refuge). The ``Refuge Act'' provides that following environmental remediation of RFETS, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and other applicable provisions of law, the Secretary of Energy shall transfer administrative jurisdiction over real property comprising the Refuge to the Secretary of the Interior for establishment of the Rocky Flats National Wildlife Refuge. Environmental remediation of the Rocky Flats National Priorities List Site has been completed, except for on-going operations and maintenance, pursuant to a Record of Decision signed by the Department of Energy, Environmental Protection Agency (EPA) and the State of Colorado in 2006. On May 25, 2007, the Regional Administrator of the EPA published notice in the Federal Register announcing deletion of the Peripheral Operable Unit and Operable Unit 3. On June 11, 2007, the Administrator of the EPA, acting through the Regional Administrator, Region 8, EPA, certified to the Secretary of Energy and the Secretary of the Interior that all response actions for the deleted areas have been completed, except for the operation and maintenance associated with response acting and that all response actions are operating properly and successfully. Pursuant to the ``Refuge Act,'' administrative jurisdictions over portions of the deleted Peripheral Operable Unit, totaling approximately 3,953.03 acres were transferred from the Department of Energy to the Department of the Interior, through a Letter of Transfer dated July 12, 2007. This notice of establishment of the Refuge is required within 30 days of that transfer by section 3177(d) of the ``Refuge Act.''

The Fish and Wildlife Service is initiating 5-year reviews of the Louisiana black bear (Ursus americanus luteolus), Alabama red- bellied turtle (Pseudemys alabamensis), goldline darter (Percina aurolineata), blue shiner (Cyprinella caerulea), fat pocketbook (Potamilus capax), slender campeloma (Campeloma decampi), armored snail (Pyrgulopsis (=Marstonia) pachyta), cave crayfish (Cambarus zophonastes), and lyrate bladderpod (Lesquerella lyrata), under section 4(c)(2) of the Endangered Species Act (Act) of 1973 (16 U.S.C. 1531 et seq.), as amended. The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

We, the U.S. Fish and Wildlife Service (Service, We) announces that the draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Laramie Plains national wildlife refuges is available. The Laramie Plains national wildlife refuges include Bamforth National Wildlife Refuge (NWR), Hutton Lake NWR, and Mortenson Lake NWR. This draft CCP/EA describes how the Service intends to manage these refuges for the next 15 years. We request public comment.

We, the U.S. Fish and Wildlife Service (Service), announce that Alere Property Group (Applicant) has 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 (Act) of 1973, as amended. We are considering issuing a 5-year permit to the Applicant that would authorize take of the federally endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis; ``DSF''). The proposed permit would authorize the take of individual DSF. The permit is needed by the Applicant because take of DSF could occur during the proposed construction of a commercial development and habitat restoration and management on an 18.42-acre site in the City of Rialto, San Bernardino County, California. The permit application includes the proposed Habitat Conservation Plan (Plan) and associated Implementing Agreement that describe the proposed action and the measures that the Applicant will undertake to mitigate take of the DSF.