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

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve 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. 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.

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

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 ICR 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. 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), announce a 90-day finding on a petition to list the mountain whitefish (Prosopium williamsoni) occurring in the Big Lost River in Idaho as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that listing the mountain whitefish in the Big Lost River may be warranted. This finding is based on insufficient information indicating that mountain whitefish in the Big Lost River may represent a species, subspecies, or distinct population segment (DPS) and, therefore, a listable entity under section 3(16) of the Act. Accordingly, we will not be initiating a status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of mountain whitefish occurring in the Big Lost River at any time. This information will help us to monitor and encourage the ongoing conservation of mountain whitefish in the Big Lost River.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat (CH) for the guajon (Eleutherodactylus cooki) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 260.6 acres (ac) (105.6 hectares (ha)) fall within the boundaries of the CH designation. The critical habitat is located within the municipalities of Humacao, Juncos, Las Piedras, Maunabo, Patillas, San Lorenzo, and Yabucoa, Puerto Rico.

We, the U.S. Fish and Wildlife Service, announce the availability of the Recovery Plan for the Nosa Luta or Rota Bridled White-eye (Zosterops rotensis). This species, which is found only on the island of Rota in the Commonwealth of the Northern Mariana Islands, was federally listed as endangered in 2004.

K&W WEBB FAMILY PARTNERSHIP, LTD. (Applicant) has applied for an incidental take permit (TE-162051-0) pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested permit would authorize incidental take of the endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed take would occur as a result of general development and construction activities on 153-acre Webb Tract on City Park Road, Travis County, Texas.

We, the Fish and Wildlife Service (Service), announce the availability of an Incidental Take Permit (ITP) Application and Habitat Conservation Plan (HCP). Founders Ridge, LLC (applicant) requests an ITP for a duration of 10 years under the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking a total of approximately 32.18 acres of Florida scrub-jay (Alphelocoma coerulescens)occupied habitat and approximately 1.85 acres of sand skink (Neoseps reynoldsi)occupied habitat incidental to the construction of a residential development consisting of 963 units and associated amenities, in Lake 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 Florida scrub-jay and sand skink.

We, the U.S. Fish and Wildlife Service (Service), propose new regulations for the Upper Mississippi River National Wildlife and Fish Refuge (refuge) to govern existing general public use and recreation. If adopted, these changes would take effect in spring 2008 and would implement the recently completed comprehensive conservation plan (CCP) for the refuge. This proposed regulation would, if made final, codify many existing refuge regulations currently published in and by brochures, signs, maps, and other forms of public notice.

We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed revised designation of critical habitat for the Monterey Spineflower (Chorizanthe pungens var. pungens) 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 amended Required Determinations for the proposal. The draft economic analysis for Chorizanthe pungens var. pungens forecasts future costs associated with conservation efforts for Chorizanthe pungens var. pungens of approximately $17 million (undiscounted) over a 20-year period as a result of the proposed revised designation of critical habitat, including those costs coextensive with listing and recovery. Discounted future costs are estimated to be approximately $13 million ($0.85 million annualized) at a 3 percent discount rate or approximately $9.6 million ($0.85 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 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 rule.

This rule prescribes special early and late season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations 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 propose to establish policy that refuge managers will follow concerning mosquito and mosquito-borne disease management on units of the National Wildlife Refuge System. The National Wildlife Refuge System Administration Act (Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997 (Improvement Act), provides the Refuge System mission. That mission is to ``administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.'' In addition, each refuge ``shall be managed to fulfill the mission of the System, as well as the specific purposes for which that refuge was established.'' We cannot fulfill this mission unless we provide consistent direction to refuge managers and manage the Refuge System as a national system. Therefore, we are developing policies to provide refuge managers clear direction and procedures for making determinations regarding wildlife conservation and public uses of the Refuge System and individual refuges. This draft policy describes the process we will follow to determine if and how to manage mosquito populations on lands administered within the Refuge System. We propose to incorporate this policy as part 601, chapter 7 of the Fish and Wildlife Service Manual. This draft policy states that ``we will allow populations of native mosquito species to function unimpeded unless they cause a human and/or wildlife health threat.'' While we recognize mosquitoes are a natural component of most wetland ecosystems, we also recognize they may represent a threat to human and/or wildlife health. We may allow management of mosquito populations on Refuge System lands when those populations pose a threat to the health and safety of the public or a wildlife population. This draft policy outlines the procedures refuge managers will follow in planning and implementing mosquito and mosquito-borne disease management within the Refuge System.

The Agua Caliente Band of Cahuilla Indians (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Service is requesting public comment on the Draft Agua Caliente Tribal Habitat Conservation Plan (THCP), Draft Implementing Agreement, and Draft Environmental Impact Statement (EIS). The Applicant is requesting a permit for 24 species, seven of which are currently listed as threatened or endangered under the Act. Of these 24 species, the Applicant requests a permit and assurances for 15 animal species that are not currently listed and assurances for two plant species. The permit is needed to authorize incidental take of listed animal species (including harm, injury, and harassment) due to development and certain other activities in the approximately 35,871-acre (56-square mile) Plan Area in the Coachella Valley of Riverside County, California.

Sierra Pacific Industries (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 20-year enhancement of survival permit for the fisher (Martes pennanti) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Candidate Conservation Agreement with Assurances (Agreement) between the Applicant and the Service for the fisher on the 160,000 acre Stirling Management Area in Butte, Plumas, and Tehama Counties, California. We are requesting comments on the permit application, the proposed Agreement and on the preliminary determination that the proposed Agreement is 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 Screening Form, which are also available for public review.

We, the U.S. Fish and Wildlife Service (Service), propose to revise currently designated critical habitat for the Peninsular bighorn sheep (Ovis canadensis nelsoni) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 384,410 acres (ac) (155,564 hectares (ha)) of land in Riverside, San Diego, and Imperial counties, California, fall within the boundaries of the proposed revised critical habitat designation. Of the area proposed as revised critical habitat, approximately 4,512 ac (1,826 ha) of land are Tribal; 93,720 ac (37,927 ha) are Federal; 249,840 ac (101,107 ha) are State; 35,824 ac (14,497 ha) are private; and 514 ac (208 ha) are local. We are proposing to exclude from the final designation, under section 4(b)(2) of the Act, approximately 4,512 ac (1,826 ha) of Agua Caliente Band of Cahuilla Indians Tribal land. We are also evaluating and considering the possible exclusion of approximately 19,211 ac (7,774 ha) of private land covered under the draft Coachella Valley Multiple Species Habitat Conservation Plan. Further, we are acknowledging a taxonomic change to the species and are proposing a taxonomic revision of the listed entity from distinct population segment (DPS) of species Ovis canadensis, to DPS of subspecies Ovis canadensis nelsoni.

We, the Fish and Wildlife Service (Service), announce the availability of an Enhancement of Survival Permit (ESP) application and Safe Harbor Agreement (SHA). Daytona Beach Community College (Applicant) requests an ESP permit under section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) for the threatened Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) for a period of 20 years. We (the Service) announce the opening of a 30-day comment period and request comments from the public on the Applicant's enhancement of survival permit application and the accompanying proposed Agreement. All comments we receive, including names and addresses, will become part of the administrative record and may be released to the public. For further information and instructions on reviewing and commenting on this application, see the ADDRESSES section, below.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the black-footed albatross (Phoebastria nigripes) 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 the black-footed albatross may be warranted. Therefore, with the publication of this notice, we are initiating a status review to determine if listing the species is warranted. To ensure that the review is comprehensive, we are soliciting data and other information regarding this species.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the giant Palouse earthworm (Driloleirus americanus) as threatened or endangered under the Endangered Species Act of 1973, as amended. We find that the petition does not provide substantial scientific or commercial information to indicate that listing the giant Palouse earthworm may be warranted. Therefore, we will not be initiating a status review in response to this petition. However, we encourage the public to submit to us any new information that becomes available concerning this species.

We, the U.S. Fish and Wildlife Service, change the regulations governing migratory bird permitting. We amend 50 CFR part 21 to allow removal of migratory birds (other than federally listed threatened or endangered species, bald eagles, and golden eagles) from inside buildings in which the birds may pose a threat to themselves, to public health and safety, or to commercial interests.

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, the U.S. Fish and Wildlife Service (Service), initiate 5- year reviews of Houghton goldenrod (Solidago houghtonii), dwarf lake iris (Iris lacustris), scaleshell mussel (Leptodea leptodon), and Niangua darter (Etheostoma nianguae) under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of these reviews, we will make a finding on whether these species are properly classified under the Act.

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

On July 21, 2003, the Fish and Wildlife Service (Service) issued an incidental take permit (ITP) associated with a habitat conservation plan (HCP) under section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1539), as amended, for the incidental take of the federally endangered red-cockaded woodpecker (Picoides borealis) (RCW) to the Woodlands Group, LLC (Permittee). The permit (TE037661-0) was for a period of four years and expired on July 31, 2007. The requested permit extension by the Permittee will extend the permit expiration date nine years.