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

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

We, the U.S. Fish and Wildlife Service (Service, we) announce that the Draft Revised Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) and Draft Revised Public Use Management Plan (PUMP) and EA for Togiak National Wildlife Refuge is available for public comment. This Draft CCP/PUMP/EA describes how the Service intends to manage the Togiak Refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Ceanothus ophiochilus (Vail Lake ceanothus) and Fremontodendron mexicanum (Mexican flannelbush) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 431 acres (ac) (175 hectares (ha)) of federally-owned land fall within the boundaries of the critical habitat designation for these two species. Approximately 203 ac (82 ha) of land in Riverside County, California, are being designated as critical habitat for C. ophiochilus, and approximately 228 ac (93 ha) of land in San Diego County, California, are being designated as critical habitat for F. mexicanum. Of the approximately 283 ac (115 ha) proposed for designation for C. ophiochilus, approximately 80 ac (33 ha) of privately-owned land covered by the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) have been excluded from critical habitat for C. ophiochilus under section 4(b)(2) of the Act. Of the approximately 361 ac (147 ha) proposed for designation for F. mexicanum, approximately 133 ac (54 ha) of privately-owned land covered by the San Diego Multiple Species Conservation Plan (MSCP) have been excluded from critical habitat for F. mexicanum under section 4(b)(2) of the Act.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed revised designation of critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis of the proposed revised critical habitat designation and an amended Required Determinations section of the proposal. The draft economic analysis estimates post-designation costs associated with conservation efforts for the tidewater goby to be approximately $25 million (undiscounted) over the next 20 years (2007 to 2026) as a result of the proposed designation of critical habitat. Discounted future costs are estimated to be approximately $22 million ($1.5 million annualized) at a 3 percent discount rate or approximately $20 million ($1.8 million annualized) at a 7 percent discount rate. Potential cost savings in Unit VEN-2 associated with tidewater goby conservation efforts range from approximately $35 million to $90 million (undiscounted dollars). By combining these savings with the estimated costs of conservation efforts, an overall net cost savings of approximately $10 million to $65 million (undiscounted) could be realized over the next 20 years. In present value terms, net cost savings range from approximately $9.8 million to $60 million (assuming a 3 percent discount rate) or approximately $9.1 million to $54.0 million (assuming a 7 percent discount rate). 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.

The U.S. Fish and Wildlife Service (we, us, Service) is gathering the information needed to prepare a comprehensive conservation plan (CCP) and associated environmental assessment (EA) for Supawna Meadows National Wildlife Refuge (NWR). We publish this notice in compliance with our policy of advising other agencies and the public of our intentions to conduct detailed planning on refuges and obtain suggestions and information about the scope of issues to consider in the planning process.

We, the U.S. Fish and Wildlife Service, announce our decision and availability of the Record of Decision (ROD) for the Final Comprehensive Conservation Plan (CCP), Wilderness Stewardship Plan (WSP) and Environmental Impact Statement (EIS) for Cabeza Prieta National Wildlife Refuge (NWR) in accordance with the National Environmental Policy Act (NEPA) requirements.

We, the U.S. Fish and Wildlife Service (Service), are initiating 5-year reviews of 18 Caribbean species under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). The purpose of a 5-year review is to ensure that the classification of a species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate. The 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), announce the availability of the final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact for Missisquoi 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 (16 U.S.C. 668dd et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the plan describes how we intend to manage the refuge over the next 15 years.

The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2007-08 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 22, 2007. The effect of this final rule is to facilitate the States'( selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Draft Comprehensive Conservation Plans and Environmental Assessments (Draft CCPs/EAs) for public review and comments, for Howland Island National Wildlife Refuge, Baker Island National Wildlife Refuge, and Jarvis Island National Wildlife Refuge. These three national wildlife refuges are unincorporated U.S. territories located in the central Pacific Ocean, hereinafter collectively called Refuges. These Draft CCPs/EAs describe the Service's proposal for management of the Refuges over the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Sclerocactus brevispinus (Pariette cactus) as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). We also propose to change the taxonomy of the currently threatened Sclerocactus glaucus ``complex'' to three distinct species: Sclerocactus brevispinus, S. glaucus, and S. wetlandicus. Because these species make up what was formerly the ``complex'', each will maintain its status of being listed as threatened. After review of all available scientific and commercial information, we find that reclassifying S. brevispinus as endangered is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. However, S. brevispinus is currently listed as threatened as part of the S. glaucus (Uinta Basin hookless cactus) complex. We further propose to revise the taxonomy of S. glaucus (Uinta Basin hookless cactus) (previously considered a ``complex''), which is currently listed as a threatened species. In accordance with the best available scientific information, we propose to recognize the three distinct species: S. brevispinus, S. glaucus, and S. wetlandicus. Because each of these three species constitute the S. glaucus complex, we consider all three species to be threatened under the Act. In addition, we propose common names for S. glaucus and S. wetlandicus.

We announce our receipt of an application to conduct certain activities pertaining to enhancement of survival of endangered species.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Wheeler National Wildlife Refuge Complex, with refuges in Jackson, Lauderdale, Limestone, Madison, and Morgan Counties, Alabama, is available for distribution. The CCP 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 complex will be managed for the next 15 years.

We, the Fish and Wildlife Service (Service), advise the public that the Washington Department of Natural Resources (WDNR) has applied for an incidental take permit (ITP), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested 50- year permit would authorize the incidental take of covered species associated with WDNR's management of the State's Commercial Geoduck Fishery. We are requesting comments on the permit application and on whether the proposed Habitat Conservation Plan (HCP) qualifies as a ``low-effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft environmental action statement (EAS), which is also available for public review.

We, the U.S. Fish and Wildlife Service (Service), in cooperation with the State of Tennessee and Conservation Fisheries, Inc., a nonprofit organization, plan to reintroduce 15 mussels listed as endangered under section 4 of the Endangered Species Act of 1973, as amended (Act): Appalachian monkeyface (pearlymussel) (Quadrula sparsa), birdwing pearlymussel (Lemiox rimosus), cracking pearlymussel (Hemistena lata), Cumberland bean (pearlymussel) (Villosa trabalis), Cumberlandian combshell (Epioblasma brevidens), Cumberland monkeyface (pearlymussel) (Quadrula intermedia), dromedary pearlymussel (Dromus dromas), fanshell (Cyprogenia stegaria), fine-rayed pigtoe (Fusconaia cuneolus), orange-foot pimpleback (pearlymussel) (Plethobasus cooperianus), oyster mussel (Epioblasma capsaeformis), ring pink (mussel) (Obovaria retusa), rough pigtoe (Pleurobema plenum), shiny pigtoe (Fusconaia cor), and white wartyback (pearlymussel) (Plethobasus cicatricosus); 1 endangered aquatic snail: Anthony's riversnail (Athearnia anthonyi); 2 endangered fishes: duskytail darter (Etheostoma percnurum) and pygmy madtom (Noturus stanauli); and 3 fishes listed as threatened under section 4 of the Act: slender chub (Erimystax cahni), spotfin chub (=turquoise shiner) (Erimonax monachus), and yellowfin madtom (Noturus flavipinnis). We published the proposed rule for this action on June 13, 2006 (71 FR 34196). The species will be released into their historical habitat in the free-flowing reach of the French Broad River from below Douglas Dam to its confluence with the Holston River, Knox County, Tennessee, and in the free-flowing reach of the Holston River from below Cherokee Dam to its confluence with the French Broad River. Based on the evaluation of species experts, none of these 21 species currently exist in these river reaches or their tributaries. These species are being reintroduced under the authority of section 10(j) of the Act and would be classified as a nonessential experimental population (NEP). The geographic boundaries of the NEP would extend from the base of Douglas Dam (river mile (RM) 32.3 (51.7 kilometers (km)) down the French Broad River, Knox and Sevier Counties, Tennessee, to its confluence with the Holston River and then up the Holston River, Knox, Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)) and would include the lower 5 RM (8 km) of all tributaries that enter these river reaches. These reintroductions are recovery actions and are part of a series of reintroductions and other recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the species' historical ranges. This rule provides a plan for establishing the NEP and provides for limited allowable legal take of these 16 mollusks and 5 fishes within the defined NEP area. We have decided to include all 21 species in a single rulemaking to allow us to restore the aquatic ecosystem as quickly as possible as we bring each of these species on line in the propagation facilities. We have reasons to believe all of these species co-existed in the past, and we also want the public to understand that all of these species will be reintroduced into the same stretch of river. We are not establishing 21 separate NEPs.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Kenk's amphipod (Stygobromus kenki), the Virginia well amphipod (Stygobromus phreaticus), and the copepod Acanthocyclops columbiensis as endangered under the Endangered Species Act of 1973, as amended. We find the petition does not provide substantial scientific or commercial information indicating that listing of these three crustaceans may be warranted. Therefore, we will not initiate a further 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 these species, or threats to them or their habitat, at any time. This information will help us monitor and encourage the conservation of these species.

The U.S. Fish and Wildlife Service (Service or we) amends 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 take effect with the 2007-2008 season and implement the recently completed Comprehensive Conservation Plan (CCP) for the refuge. This amendment replaces current refuge regulations found at 50 CFR part 32.32 (Illinois), places the regulations at 50 CFR part 32.42 (Minnesota) to match the State listing with the location of the refuge headquarters, and cross references those regulations in 50 CFR parts 32.34 (Iowa) and 32.69 (Wisconsin).

Seaview Repair LLC (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 10-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 threatened coastal California gnatcatcher (Polioptila californica californica, ``gnatcatcher'') associated with the proposed landslide remediation project in the City of San Clemente, Orange County, California. A conservation program to minimize and mitigate for the project activities would be implemented as described in the proposed Bellota Landslide Repair and Shorecliffs Mobile Home Neighborhood Expansion 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.

Pursuant to the National Environmental Policy Act (NEPA), we, the Fish and Wildlife Service (Service), advise the public that we intend to gather information necessary to prepare, in coordination with Santa Clara County, a joint Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) on the Habitat Conservation Plan for the Santa Clara Valley (Plan). The Plan is being prepared under Section 10(a)(1)(B) of the Federal Endangered Species Act of 1973, as amended, (Act). Santa Clara County (County) is facilitating preparation of the Plan with local partners and is the lead agency under the California Environmental Quality Act (CEQA). The County in accordance with CEQA is publishing a similar notice. The County and their local partners intend to apply for a 50-year incidental take permit from the Service and from the National Marine Fisheries Service (NMFS). These permits are needed to authorize the incidental take of threatened and endangered species that could result from activities covered under the Plan. We provide 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 EIS/EIR; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues and alternatives to be included in the EIS/EIR.

We, the U.S. Fish and Wildlife Service (Service), announce availability of the draft recovery plan for the Copperbelly Water Snake (Nerodia erythrogaster neglecta) for public review and comment. This species is federally listed as threatened under the Endangered Species Act of 1973, as amended (Act). The Copperbelly Water Snake is listed as a Distinct Population Segment in Michigan, Ohio, and Indiana, north of 40 degrees north latitude. The purpose of this plan is to recover this species so that it can be removed from the list of Threatened and Endangered Wildlife. We solicit review and comment from the public on this draft plan.

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

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of comment periods for three actions that are being promulgated under the Endangered Species Act of 1973, as amended (Act): (1) A proposed revision of critical habitat for the marbled murrelet (Brachyramphus marmoratus) and its associated draft economic analysis; (2) a proposed revision of critical habitat for the northern spotted owl (Strix occidentalis caurina); and (3) the development of a recovery plan for the northern spotted owl. In order to provide a combined comment period for these three actions, we are reopening the comment periods to allow additional time for interested parties to comment on any or all of these actions. Comments previously submitted need not be resubmitted as they are already part of the public record and will be fully considered in preparation of any critical habitat rule(s) and the recovery plan.

We, the U.S. Fish and Wildlife Service (Service), in cooperation with the National Park Service, and the United States Section of the International Boundary and Water Commission, propose to reestablish the Rio Grande silvery minnow (Hybognathus amarus), a Federally listed endangered fish, into its historic habitat in the Big Bend reach of the Rio Grande in Presidio, Brewster, and Terrell counties, Texas. We propose to reestablish the Rio Grande silvery minnow under section 10(j) of the Endangered Species Act of 1973, as amended (ESA), and to classify it as a nonessential experimental population (NEP). On the Rio Grande, the geographic boundaries of the NEP would extend from Little Box Canyon downstream of Ft. Quitman, Hudspeth County, Texas, through Big Bend National Park and the Rio Grande Wild and Scenic River, to Amistad Dam and the nearby railroad bridge (Big Bend reach of the Rio Grande). On the Pecos River, the geographic boundaries of the NEP would extend from the river's confluence with Independence Creek to its confluence with the Rio Grande. This proposed reestablishment is part of the recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the species' historic range. This proposed rule provides a plan for establishing the NEP and provides for limited allowable legal taking of Rio Grande silvery minnows within the defined NEP area. A draft environmental assessment (EA) has been prepared on this proposed action and is available for comment (see ADDRESSES section below).

The following permits were issued.