Fish and Wildlife Service December 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.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of a comment period on our draft recovery crediting guidance for an additional 60 days. We solicit comment from all interested parties on the contents of the draft guidance and the likely effects of its implementation.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Arenaria ursina (Bear Valley sandwort), Castilleja cinerea (Ash-gray Indian paintbrush), and Eriogonum kennedyi var. austromontanum (southern mountain wild- buckwheat) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,769 acres (ac) (722 hectares (ha)) of land fall within the boundaries of the critical habitat designations for these three species. Approximately 1,412 ac (571 ha) of Federal and private land are being designated as critical habitat for Arenaria ursina; approximately 1,769 ac (722 ha) of Federal, State, and private land are being designated as critical habitat for Castilleja cinerea; and approximately 904 ac (366 ha) of Federal and private land are being designated as critical habitat for Eriogonum kennedyi var. austromontanum. All lands included in these final designations are in San Bernardino County, California. These final designations include an addition of a total of 258 ac (111 ha) from the total area included in the 2006 proposed designations for these species.

We are reopening the comment period on the Federal Register notice published on October 15, 2007, that invited the public to comment on the Draft Mosquito and Mosquito-Borne Disease Management Policy Pursuant to the National Wildlife Refuge System Improvement Act of 1997.

The Fish and Wildlife Service (hereinafter Service) will conduct an open meeting on January 30, 2008, to identify and discuss preliminary issues concerning the 2008-09 migratory bird hunting regulations.

We, the U.S. Fish and Wildlife Service (Service), propose to list three petrel species (order Procellariiformes), the Chatham petrel (Pterodroma axillaris), previously referred to as (Pterodroma hypoleuca axillaris); Fiji petrel (Pterodroma macgillivrayi); and the magenta petrel (Pterodroma magentae) as endangered, pursuant to the Endangered Species Act of 1973, as amended (Act). In addition, we propose to list the Cook's petrel (Pterodroma cookii); Galapagos petrel (Pterodroma phaeopygia), previously referred to as (Pterodroma phaeopygia phaeopygia); and the Heinroth's shearwater (Puffinus heinrothi) as threatened under the Act. This proposal, if made final, would extend the Act's protection to these species. The Service seeks data and comments from the public on this proposal.

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service) intends to conduct public scoping necessary to gather information to prepare an environmental assessment (EA) or environmental impact statement (EIS) (collectively referred to as ``environmental document'') for a Habitat Conservation Plan (HCP) being prepared by the Kaua`i Island Utility Cooperative (KIUC). The draft HCP is being prepared under section 10(a)(1)(B) of the Endangered Species Act (ESA). KIUC intends to apply for an incidental take permit under the ESA to authorize take of the federally endangered Hawaiian Petrel (Pterodroma sandwichensis), the federally threatened Newell's Shearwater (Puffinus auricularis newelli), and the Band-rumped Storm- Petrel (Oceanodroma castro), a Federal candidate for listing that could become listed during the term of the permit (collectively referred to as the ``Covered Species''). This notice is provided 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 environmental document; (3) announce the initiation of a public scoping period and the holding of a public scoping meeting; (4) obtain information to assist the Service in determining whether to prepare an EA or EIS; and (5) obtain suggestions and information on the scope of issues and alternatives to be addressed in the environmental document. Written comments will be accepted at a public meeting. In addition, written comments may be submitted by mail, facsimile transmission, or e-mail.

We, the U.S. Fish and Wildlife Service (Service), announce that the California Department of Water Resources San Joaquin Field Division (Applicant) has applied for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). We are considering the issuance of a 30-year permit to the Applicant that would authorize take of 20 species incidental to the Applicant's proposed operation and maintenance activities on sections of the California Aqueduct and Coastal Branch Phase 1 canal, as well as seven pumping plants and two Operations and Maintenance centers within the San Joaquin Field Divisions jurisdiction in Kern and Kings County, California. These activities within the 11,816-acre project area would result in the loss of up to 360 acres of permanent habitat loss to covered species habitat and 935 acres of temporary impacts to covered species habitat. We request comments from the public on the permit application and an Environmental Assessment. The permit application includes the proposed Habitat Conservation Plan (Plan) and an accompanying Implementing Agreement. The Plan describes the proposed project and the measures that the Applicant would undertake to minimize and mitigate take of the covered species.

We, the Fish and Wildlife Service (Service), invite the public to comment on the following application to conduct certain activities with an endangered species.

We, the U.S. Fish and Wildlife Service, announce the availability of the Recovery Plan for Hackelia venusta (Showy Stickseed).

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period and the scheduling of public hearings on the proposed rule to revise critical habitat for the San Bernardino kangaroo rat (Dipodomys merriami parvus), and on the proposed rule to designate critical habitat for Poa atropurpurea (San Bernardino bluegrass) and Taraxacum californicum (California taraxacum) under the Endangered Species Act of 1973, as amended (Act). The reopened comment periods will provide the public; Federal, State, and local agencies; and Tribes with an additional opportunity to submit written comments on these proposed rules. Comments previously submitted for the proposed critical habitat designations for the San Bernardino kangaroo rat, P. atropurpurea, or T. californicum need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decisions.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Bertha Pauwels and Anna Angellotti (applicants) request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants anticipate taking about 0.46 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of a multiple-family residence and supporting infrastructure in Charlotte County, Florida (project). The applicants' HCP describes the mitigation and minimization measures proposed to address the effects of the project on the scrub-jay.

We, the U.S. Fish and Wildlife Service, have finalized permit conditions to allow the use of raptors protected by the Migratory Bird Treaty Act for abatement activities. We will authorize the use of these raptors for this purpose under our Special Purpose permits. Allowing the use of captive-bred raptors to conduct abatement activities is consistent with ensuring the long-term conservation of these species and will serve a public need.

The Fish and Wildlife Service intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment for Banks Lake National Wildlife Refuge. This notice is furnished in compliance with the Service's comprehensive conservation planning policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number (LPN) to each species, or to remove species from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms, previously called candidate forms) for each candidate species. Overall, this CNOR recognizes 5 new candidates, changes the LPN for 29 candidates, and removes 4 species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR, the new number of species that are candidates for listing is 280. We request additional status information that may be available for the 280 candidate species identified in this CNOR. We will consider this information in preparing listing documents and future revisions to the notice of review, as it will help us in monitoring changes in the status of candidate species and in management for conserving them. We also request information on additional species that we should consider including as candidates as we prepare future updates of this notice. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period September 26, 2006, through September 30, 2007.

The following permits were issued.

This notice advises that we, the U.S. Fish and Wildlife Service (Service), intend to gather information necessary to prepare a comprehensive conservation plan (plan) and environmental impact statement (EIS) for the Charles M. Russell National Wildlife Refuge, including UL Bend National Wildlife Refuge (UL Bend is a refuge within a refuge), located in north-central Montana. We are furnishing this notice in compliance with Service Refuge Planning policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.