Fish and Wildlife Service November 2007 – Federal Register Recent Federal Regulation Documents
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Sport Fishing and Boating Partnership Council
We, the Fish and Wildlife Service (Service), announce a public teleconference of the Sport Fishing and Boating Partnership Council (Council).
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0023; Migratory Bird Surveys
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. We are combining three surveys in this ICR because the surveys are interrelated and/or dependent upon each other: (1) Migratory Bird Hunter Surveys, currently approved under OMB Control No. 1018-0015, which expires February 28, 2008. (2) Parts Collection Survey, also approved under OMB Control No. 1018-0015. (3) Sandhill Crane Harvest Survey, currently approved under OMB Control No. 1018-0023, which expires 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0066; Marine Mammal Tagging, Marking, and Reporting Certificates
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 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0095; Endangered and Threatened Wildlife, Experimental Populations
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 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Proposed Information Collection; OMB Control Number 1018-0102, Special Use Permit Applications on National Wildlife Refuges Outside Alaska
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. This IC is scheduled to expire on January 31, 2008. 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.
Endangered and Threatened Wildlife and Plants; Revised Proposed Designation of Critical Habitat for 12 Species of Picture-Wing Flies From the Hawaiian Islands
We, the U.S. Fish and Wildlife Service (Service), revise our August 15, 2006, proposal to designate critical habitat for 12 species of Hawaiian picture-wing flies (Drosophila aglaia, D. differens, D. hemipeza, D. heteroneura, D. montgomeryi, D. mulli, D. musaphilia, D. neoclavisetae, D. obatai, D. ochrobasis, D. substenoptera, and D. tarphytrichia) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 9,238 acres (ac) (3,738 hectares (ha)) fall within the boundaries of this revised proposed critical habitat designation. The revised proposed critical habitat is located in four counties (City and County of Honolulu, Hawaii, Maui, and Kauai) in Hawaii.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Acanthomintha ilicifolia (San Diego Thornmint)
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for Acanthomintha ilicifolia (San Diego thornmint) under the Endangered Species Act of 1973, as amended (Act). We also announce corrections to proposed critical habitat subunits 3C, 3D, 3F, 4A, 4B, and 4C as described in the preamble to the proposed rule published in the Federal Register on March 14, 2007 (72 FR 11946); announce the availability of the draft economic analysis for the proposed critical habitat designation; and announce amended Required Determinations for the proposal. The draft economic analysis provides information about the pre-designation costs and forecasts post-designation costs associated with conservation efforts for Acanthomintha ilicifolia. The draft economic analysis estimates potential future costs to be approximately $0.6 to $2.8 million in undiscounted dollars over a 20-year period in areas proposed as final critical habitat and approximately $1.6 to $5.1 million in undiscounted dollars over a 20-year period in areas proposed for exclusion from critical habitat under section 4(b)(2) of the Act. 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 the proposal was available. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, corrections to the preamble of 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.
Habitat Conservation Plan for Chevron's North American Exploration and Production Unit in the Lokern Area of the Southern San Joaquin Valley, Kern County, CA
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 the California Department of Fish and Game (DFG), and Kern County, a joint Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) on the Chevron Lokern Habitat Conservation Plan (HCP). The HCP is being prepared under Section 10(a)(1)(B) of the Federal Endangered Species Act of 1973, as amended, (Act). Chevron intends to apply for a 50-year incidental take permit from the Service. The permit is needed to authorize the incidental take of threatened and endangered species that could result from oil and gas development and operation activities covered under the HCP. 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.
Notice of Availability for the Renewal of an Expired Section 10(a)(1)(B) Permit for Incidental Take of the Golden-cheeked Warbler in Travis County, TX (Scarpato)
On October 19, 2001, the U.S. Fish and Wildlife Service (Service) issued a section 10(a)(1)(B) permit, pursuant to Section 10(a) of the Endangered Species Act (Act), for incidental take of the golden-cheeked warbler (Dendroica chrysoparia)(GCWA) to Thomas Scarpato and Janet Neyland-Scarpato (Applicant). The permit (TE-042733-0) was for a period of five years and expired on October 19, 2006. The requested permit renewal by Mr. and Mrs. Scarpato will extend the permit expiration by five years from the date the permit is reissued.
Receipt of an Application for an Incidental Take Permit for Residential Construction in Charlotte County, FL
We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). The Carlisle Group (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 12.72 acres of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and nesting habitat incidental to lot preparation for the construction of a multiple-family apartment complex and supporting infrastructure in Charlotte County, Florida (project). The applicant's HCP describes the mitigation and minimization measures proposed to address the effects of the project on the scrub-jay.
Receipt of an Application and Availability of an Environmental Assessment for an Incidental Take Permit for Capital Improvement Projects within Charlotte County, FL
The Charlotte County Board of Commissioners (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act) for the take of the Florida scrub-jay (Aphelocoma coerulescens) (scrub- jay). The Applicant anticipates taking 84.2 acres of occupied scrub-jay breeding, foraging, and sheltering habitat, incidental to otherwise lawful activities of road construction and community redevelopment (Projects) in Charlotte County, Florida. The development of this habitat is expected to result in the take of 11 families of scrub-jays. The Applicant's habitat conservation plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Projects to the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.
Meeting Announcement: North American Wetlands Conservation Council
The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.
Receipt of Application of Endangered Species Recovery Permits
We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Migratory Bird Permits; Revisions to Migratory Bird Import and Export Regulations
We, the U.S. Fish and Wildlife Service, propose changes in the regulations governing migratory bird permitting. We propose to amend 50 CFR part 21 to resolve problems related to export of species covered by Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) permits or certificates; to allow the importation and possession without an import permit of legally acquired migratory game birds in the families Anatidae, Columbidae, Gruidae, Rallidae, or Scolopacidae that were lawfully hunted in a foreign country; to extend the period of time for which an Import and Export permit is valid from 3 to 5 years; and to reorganize and reword the regulations to make them easier to understand.
Draft Revised Recovery Plan for the Attwater's Prairie-Chicken (Tympanuchus cupido attwateri
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft revised recovery plan for the Attwater's prairie-chicken (Tympanuchus cupido attwateri). This is the second revision of the recovery plan for this species; the original was completed in 1983. We are soliciting review and comment from the public on this draft revised recovery plan.
Proposed Safe Harbor Agreement for the California Red-Legged Frog for Landowners Restoring Aquatic and Riparian Habitat in the Pine Gulch Creek Watershed in Marin County, CA
This notice advises the public that the Marin County Agriculture Commission (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to 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) between the Applicant and the Service for the threatened California red-legged frog (Rana aurora draytonii). The Agreement and permit application are available for public comment.
Endangered Species Recovery Permit Applications
We invite the public to comment on the following applications to conduct certain activities with endangered species.
Big Branch Marsh National Wildlife Refuge
The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for Big Branch Marsh National Wildlife Refuge in St. Tammany Parish, Louisiana, 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 will be managed for the next 15 years. The compatibility determinations for hunting, fishing, wildlife observation and photography, environmental education and interpretation, bicycling, trapping of selected furbearers, forest management, and mosquito management are also available within the CCP.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Five Endangered and Two Threatened Mussels in Four Northeast Gulf of Mexico Drainages
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the endangered fat threeridge (Amblema neislerii), shinyrayed pocketbook (Lampsilis subangulata), Gulf moccasinshell (Medionidus penicillatus), Ochlockonee moccasinshell (Medionidus simpsonianus), and oval pigtoe (Pleurobema pyriforme), and the threatened Chipola slabshell (Elliptio chipolaensis) and purple bankclimber (Elliptoideus sloatianus) (collectively referred to as the seven mussels) under the Endangered Species Act of 1973, as amended (Act). The total length of streams designated is approximately 1,185.9 river miles (river mi) (1,908.5 river kilometers (river km)). The critical habitat is located in Houston and Russell counties, Alabama; in Alachua, Bay, Bradford, Calhoun, Columbia, Franklin, Gadsden, Gulf, Jackson, Leon, Liberty, Union, Wakulla, and Washington counties, Florida; and in Baker, Calhoun, Coweta, Crawford, Crisp, Decatur, Dooly, Dougherty, Early, Fayette, Grady, Lee, Macon, Marion, Meriwether, Miller, Mitchell, Peach, Pike, Schley, Spalding, Sumter, Talbot, Taylor, Terrell, Thomas, Upson, Webster, and Worth counties, Georgia.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; National Wildlife Refuge System Evaluation: Surveys of State Agencies, Indian Tribes, and Local Partners
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. 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.
Final Recirculated Environmental Impact Report/Supplemental Environmental Impact Statement for the Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan, Riverside County, CA
Pursuant to the National Environmental Policy Act, this notice announces the availability of the Final Recirculated Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (MSHCP), Final Recirculated Environmental Impact Report/Supplemental Environmental Impact Statement (Final EIR/EIS), and Implementing Agreement. The Coachella Valley Association of Governments, Coachella Valley Conservation Commission, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Parks and Open Space District, Riverside County Waste Management District, Coachella Valley Water District, Imperial Irrigation District, California Department of Transportation, California Department of Parks and Recreation, Coachella Valley Mountains Conservancy, and the cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Applicants) 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 permit is needed to authorize incidental take of listed animal species due to development and certain other activities in the approximately 1.1 million acre Plan Area in the Coachella Valley of Riverside County, California. The Service is publishing this notice to inform the public of the proposed action and to make available for review the Final EIR/ EIS, which includes responses to public comments received on the March 2007, Recirculated Draft EIR/Supplemental Final EIS. The MSHCP also incorporates a Public Use and Trails Plan, which includes proposals that address non-motorized recreation activities on Federal and non-Federal lands in the Santa Rosa and San Jacinto Mountains. The Bureau of Land Management (BLM) is a Cooperating Agency in this planning process and will use this Final EIR/EIS to make decisions on BLM-administered public lands pertaining to trail use in the Santa Rosa and San Jacinto Mountains. The proposals constitute activity (implementation) level actions in furtherance of the California Desert Conservation Area Plan (1980), as amended, and the Santa Rosa and San Jacinto Mountains National Monument Management Plan (2004). The BLM will issue a separate Record of Decision regarding non- motorized recreation activities on public lands.
Take of Migrant Peregrine Falcons in the United States for Use in Falconry
This notice is to announce the availability of a Draft Environmental Assessment and Management Plan (DEA) for take of migrant peregrine falcons (Falco peregrinus) in the United States for use in falconry.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Sporting Conservation Council
This notice announces a meeting of the Sporting Conservation Council (Council). The meeting agenda includes an update on implementation of the Executive Order on hunting heritage and wildlife conservation; a discussion on the Healthy Lands Initiative; a report on elk management; and a report on the priorities of the Association of Fish and Wildlife Agencies' energy and wildlife policy committee. This meeting is open to the public, and will include a session for the public to comment.
Endangered and Threatened Wildlife and Plants; Response to Court on Significant Portion of the Range, and Evaluation of Distinct Population Segments, for the Queen Charlotte Goshawk (Accipiter gentilis laingi
We, the U.S. Fish and Wildlife Service (Service), announce our response to the May 24, 2004, order of the United States District Court for the District of Columbia in Southwest Center for Biological Diversity, et al. v. Norton, et al. (Civil Action No. 98-0934 (RMU)), directing the Service, on remand, to determine whether Vancouver Island constitutes a significant portion of the range of the Queen Charlotte goshawk (Accipiter gentilis laingi) and whether the goshawk should be listed as threatened or endangered on Vancouver Island, in connection with our 1997 finding on a petition to list the Queen Charlotte Goshawk as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best scientific and commercial data available, we conclude that Vancouver Island is a significant portion of the Queen Charlotte goshawk's range and that listing the subspecies on Vancouver Island is warranted. In addition to addressing the court's remand, we have assessed whether listing is warranted for the Queen Charlotte goshawk beyond Vancouver Island. Our review has indicated that the subspecies' populations in British Columbia and Alaska each constitute distinct population segments (DPSs) of the Queen Charlotte goshawk. Based on differences in forest management, with substantially greater existing and anticipated habitat loss in British Columbia than in Alaska, we find that we have sufficient information about biological vulnerability and threats to the goshawk to determine that the entire British Columbia DPS warrants listing as threatened or endangered. We find that the best available information on biological vulnerability and threats to the goshawk does not support listing the Alaska DPS as threatened or endangered at this time. Pursuant to section 4(b)(3)(B)(ii) we will promptly publish in the Federal Register a proposed rule to list the British Columbia DPS of the Queen Charlotte goshawk. In that proposed rule we will indicate whether the British Columbia DPS and the Vancouver Island portion of the range should be listed as either endangered or threatened.
Endangered and Threatened Wildlife and Plants; Revised Proposed Rule To Amend the Listing for the Preble's Meadow Jumping Mouse (Zapus hudsonius preblei)
Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), revise our February 2, 2005 (70 FR 5404), proposed rule to remove the Preble's meadow jumping mouse (Zapus hudsonius preblei) (Preble's) from the List of Endangered and Threatened Wildlife. We now propose to amend the listing for the Preble's meadow jumping mouse to specify over what portion of its range the subspecies is threatened. The best scientific and commercial data available demonstrates that: The Preble's meadow jumping mouse is a valid subspecies and should not be delisted based upon taxonomic revision; the subspecies is not threatened throughout all of its range; and the portion of the current range of the subspecies located in Colorado represents a significant portion of the current range where the Preble's meadow jumping mouse is likely to become endangered within the foreseeable future, and the subspecies in that portion of its range should retain its threatened status. We seek comments from the public regarding this revised proposal. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in the final determination.
Endangered Species Recovery Permit Applications
We invite the public to comment on the following applications to conduct certain activities with endangered species.
Endangered and Threatened Wildlife and Plants; Critical Habitat Revised Designation for the Cape Sable Seaside Sparrow
We, the U.S. Fish and Wildlife Service (Service), are revising the designation of critical habitat for the endangered Cape Sable seaside sparrow (Ammodramus maritimus mirabilis) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 84,865 acres (ac) (34,344 hectares (ha)) fall within the boundaries of the designation. The critical habitat is located in Miami-Dade County, Florida.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Oregon Parks and Recreation Department Habitat Conservation Plan for the Western Snowy Plover Along the Oregon Coast
The Oregon Parks and Recreation Department (OPRD) has submitted an application to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (permit) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). As required by section 10(a)(2)(B) of the ESA, OPRD has prepared a Habitat Conservation Plan (Plan) that describes proposed actions and measures they will implement to minimize and mitigate take of the threatened western snowy plover (Charadrius alexandrinus nivosus). The permit application is related to public use and recreation, beach management, and resource management activities along Oregon's coast. The application includes the proposed Plan and a proposed Implementation Agreement (IA). The Service also announces the availability of a draft Environmental Impact Statement (DEIS) that has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act (NEPA). The Service is considering issuing a 25-year permit to the OPRD. The requested permit would authorize OPRD to engage in activities related to public use and recreation, beach management, and resource management activities that may result in the incidental take of the western snowy plover. We request comments from the public on the permit application, the Plan, the IA, and the DEIS, all of which are available for review. The Service is furnishing this notice to allow other agencies and the public an opportunity to review and comment on these documents. All comments received will become part of the public record and will be available for review pursuant to section 10(c) of the ESA. For locations to review the documents, please see the SUPPLEMENTARY INFORMATION section below.
Endangered and Threatened Species Permit Applications
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.
Lake Champlain Sea Lamprey Control Alternatives Workgroup
We, the U.S. Fish and Wildlife Service (Service), announce a meeting of the Lake Champlain Sea Lamprey Control Alternatives Workgroup (Workgroup). The Workgroup's purpose is to provide, in an advisory capacity, recommendations and advice on research and implementation of sea lamprey control techniques alternative to lampricide that are technically feasible, cost effective, and environmentally safe. The primary objective of the meeting will be to discuss potential research initiatives that may enhance alternative sea lamprey control techniques. The meeting is open to the public.
Interagency Florida Panther Response Plan
We, the Fish and Wildlife Service (Service), announce an EA for our Interagency Florida Panther Response Plan. Our EA considers alternatives for managing conflicts between humans and the endangered Florida panther (Puma concolor coryi).
Endangered and Threatened Wildlife and Plants; Notice of Availability for Draft Recovery Crediting Guidance
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft guidance document issued to promote implementation of the Endangered Species Act. The document describes a crediting framework for Federal agencies in carrying out recovery of threatened and endangered species. The text of the guidance is included in this notice. Under the draft guidance, Federal agencies could show more specifically how adverse effects of agency activities to a listed species are offset by beneficial actions taken elsewhere for that species. The combined effects of the adverse and beneficial actions would have to provide a net conservation benefit to the species. We solicit comment from all interested parties on the contents of the draft guidance and likely effects of its implementation.
Coyote Springs Investment Multi-Species Habitat Conservation Plan, Clark County and Lincoln County, NV
This notice announces the availability of the draft Coyote Springs Investment Multi-Species Habitat Conservation Plan (Plan), draft Implementing Agreement (IA), and draft Environmental Impact Statement (EIS) for public review and comment. In response to receipt of an application from Coyote Springs Investment LLC (CSI; Applicant), we, the Fish and Wildlife Service (Service), are considering the proposed action of issuing a 40-year permit for five species. The proposed permit would authorize the take of individual species listed under the Federal Endangered Species Act of 1973, as amended (Act). The permit is needed because take of species could occur during proposed urban development activities located in a 21,454-acre area in southern Lincoln County, Nevada. In addition, take of species could occur during recreational and resource management activities within the 13,767-acre proposed Coyote Springs Resource Management Area (CSRMA), an area leased by the Applicant from the U.S. Bureau of Land Management (BLM), which would be managed for the conservation of the desert tortoise (Gopherus agassizii) and other covered species pending BLM approval, located in Clark and Lincoln counties, Nevada.
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