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

We, the Fish and Wildlife Service, announce that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Pocosin Lakes National Wildlife Refuge is available for distribution. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires that we develop a comprehensive conservation plan for each national wildlife refuge. This Draft CCP, when final, will describe how we intend to manage Pocosin Lakes National Wildlife Refuge over the next 15 years.

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 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.

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.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The following permits were issued.

In response to an application from the Nevada Department of Wildlife (Applicant), we, the Fish and Wildlife Service (Service), are considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement (SHA) between the applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of White River springfish (Crenichtheys baileyi baileyi), Hiko White River springfish (Crenichtheys baileyi grandis), Pahranagat roundtail chub (Gila robusta jordani) and southwestern willow flycatcher (Empidonax trailii extimus), within the Pahranagat Valley, Nevada. The proposed duration of both the SHA and permit is 50 years. We have made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for our determination is contained in an environmental action statement, which also is available for public review. We are requesting comments on this application.

The Duckwater Shoshone Tribe (Applicant) has applied to the 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 (SHA) between the Applicant and the Service. The SHA provides for voluntary habitat restoration, maintenance, and enhancement activities to implement the reintroduction and long-term recovery of Railroad Valley Springfish (Crenichthys nevadae) within Nye County, Nevada. The proposed duration of both the SHA and permit is 25 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement and low-effect screening form, which are also is available for public review.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft post-delisting monitoring plan (draft PDM Plan) for the bald eagle (Haliaeetus leucocephalus). The Endangered Species Act (ESA) requires that the Service implement a system, in cooperation with the States, to monitor effectively for at least 5 years, the status of all species that have been recovered and no longer need protection of the ESA. The bald eagle in the contiguous 48 states will be removed from the Federal List of Threatened and Endangered Wildlife and Plants (delisted) due to recovery. We are publishing the final rule for the delisting simultaneously with this notice elsewhere in today's Federal Register. We will also ask the Office of Management and Budget (OMB) to approve the information collection (IC) for the draft PDM Plan described below.

The City of Fontana (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 3-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 endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) associated with the proposed widening of Jurupa Avenue between Sierra and Tamarind avenues in the City of Fontana, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Jurupa Avenue Widening Project 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.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI), as the sole natural resource trustee, announces the release of the Final Restoration Plan (RP) for the Cortese Landfill Superfund Site (Site). As a result of remedial activities and off-Site migration of Site-related contaminants, 1.6 acres of wetlands were destroyed and/or degraded. Adversely affected natural resources include waterfowl, wading birds, hawks, woodpeckers, swallows, migratory songbirds, invertebrates, reptiles, and amphibians. In addition, the section of the Upper Delaware River watershed near the Site hosts the largest population of wintering bald eagles in the Northeast. An embayment of the Delaware River adjacent to the Site provides feeding and/or spawning habitat for forage fish, American shad, striped bass, and American eel. the funds available from this settlement for restoration activities total approximately $85,000. The restoration project selected for implementation in the Final RP involves wet meadow/wetland restoration and protection. The Final RP presents the preferred alternative consisting of a restoration project that compensates for injuries to natural resources caused by contaminant releases and remedial activities associated with the Site.

We, the U.S. Fish and Wildlife Service (Service), propose revisions to the 2005 special rule for the central Idaho and Yellowstone area nonessential experimental population of the gray wolf (Canis lupus) in the northern Rocky Mountains (NRM). Specifically, this rule proposes to modify the definition of ``unacceptable impacts'' to wild ungulate populations so that States and Tribes with Service- approved post-delisting wolf management plans can better address the impacts of a biologically recovered wolf population on ungulate populations and herds while wolves remain listed. We also propose to modify the 2005 special rule to allow private citizens in States or on Tribal lands with approved post-delisting wolf management plans to take wolves that are in the act of attacking their stock animals or dogs. All other provisions of the 2005 special rule, including the process to obtain Service approval and the conditions for reporting all wolf take, would remain unchanged. As under the existing terms of the 2005 special rule, these proposed modifications would not apply with respect to States or Tribes without approved post-delisting wolf management plans and would not impact wolves outside the Yellowstone or central Idaho nonessential experimental population areas. A draft environmental assessment will be prepared on this proposed action.

Malpai Borderlands Group (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE- 155587-0) pursuant to Section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The requested permit, which is for a period of 30 years, would authorize incidental take of the following listed endangered species: Yaqui chub (Gila purpurea), Yaqui topminnow (Poeciliopsis occidentalis sonoriensis), Huachuca water-umbel (Lilaeopsis schaffneriana recurva), Northern Aplomado falcon (Falco femoralis septentrionalis); listed threatened species: Yaqui catfish (Ictalurus pricei), beautiful shiner (Cyprinella formosa), Chiricahua leopard frog (Rana chiricahuensis), Mexican spotted owl (Strix occidentalis lucida), New Mexico ridge-nosed rattlesnake (Crotalus willardi obscurus); candidate species: western yellow-billed cuckoo (Coccyzus americanus); and unlisted species: Yaqui sucker (Catostomus bernardini), longfin daceYaqui form (Agosia chrysogaster), Mexican stoneroller (Campostoma ornatum), lowland leopard frog (Rana yavapaiensis), northern Mexican gartersnake (Thamnophis eques megalops), black-tailed prairie dog (Cynomys ludovicianus), western burrowing owl (Athene cunicularia hypugaea), white-sided jackrabbit (Lepus callotis), and western red bat (Lasiurus blosseveillii). The proposed incidental take would occur as a result of grassland improvement and ranch management activities on non- Federal lands within approximately 828,000 acres of the Malpai borderlands region of Cochise County, Arizona and Hidalgo County, New Mexico. We invite public comment.

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

The Fish and Wildlife Service intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment for J.N. ``Ding'' Darling 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.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Tierra del Sol at Jupiter, LLC (Applicant) request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 0.54 acre of foraging and sheltering habitat occupied by the threatened Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) incidental to partial land clearing of their 4.07-acre lot and subsequent commercial and residential construction and supporting infrastructure in Palm Beach County, Florida (Project). The Applicant's HCP describes the mitigation and minimization measures proposed to address the effects of the Project on the Florida scrub-jay.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for the marbled murrelet (Brachyramphus marmoratus) 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 amended required determinations for the proposal. The draft economic analysis estimates the post-designation impacts associated with marbled murrelet conservation efforts in areas proposed for final critical habitat designation to range from $69.4 million to $1.42 billion at present value over a 20-year period in undiscounted dollars, $38.1 million to $535 million ($2.22 million to $16.8 million annualized) assuming a 3 percent discount rate, or $24.2 million to $251 million ($2.18 million to $12 million annualized) assuming a 7 percent discount rate. We are reopening the comment period to allow all interested parties the opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted on the proposed rule need not be resubmitted as they are already part of the public record and will be fully considered in preparation of the final rule.

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.

The Fish and Wildlife Service (Service) has completed a Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Turnbull National Wildlife Refuge (Refuge). The CCP was developed to provide a foundation for the management and use of the Refuge. 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 3 as described in the CCP. The Service's Regional Director for the Pacific Region selected Alternative 3 for managing the Refuge for the next 15 years. Changes to Refuge management include: Addition of an elk hunting program, addition of a youth waterfowl hunt, expansion of the Refuge, and expansion of the interpretive, environmental education, wildlife viewing, and wildlife photography facilities and programs.

We, the U.S. Fish and Wildlife Service (Service), announce a revised proposed critical habitat designation for the guaj[oacute]n (Eleutherodactylus cooki). We are reopening the public comment period to accept comments on proposed additional critical habitat units and revised required determinations, and also to announce the availability of and accept comments on our draft economic analysis of the proposed designation of critical habitat under the Endangered Species Act of 1973, as amended (Act). We are allowing all interested parties an opportunity to comment simultaneously on the original proposed rule, the proposed additional critical habitat units, the revised required determinations, and the associated draft economic analysis. If you submitted comments previously on the original proposed rule, you need not resubmit them, as we will incorporate them into the public record and fully consider them as we prepare the final rule. We are proposing five additional critical habitat units totaling 43.4 acres (ac) (17.5 hectares (ha)). With their inclusion, we are proposing 17 critical habitat units for the species, for a total of 260.6 ac (105.6 ha). The amendments we propose in this document are in addition to, and not in lieu of, the proposed designation we published in our original proposed rule of October 5, 2006. The draft economic analysis, that includes the additional units, finds that potential future costs associated with conservation activities for the guaj[oacute]n are estimated at $4.34 million in undiscounted dollars, $4.28 million when discounted at 3 percent, and $4.23 million when discounted at 7 percent over the 20 year period 2007-2026. Annualized future costs are $288,000 and $399,000 using a 3 percent and 7 percent discount rate, respectively.

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

We, the U.S. Fish and Wildlife Service, announce a 60-day extension of the comment period for the Draft Recovery Plan for the Northern Spotted Owl (Strix occidentalis caurina) (northern spotted owl).

We, the U.S. Fish and Wildlife Service (Service), announce our 12-month finding for a petition to list the Colorado River cutthroat trout (CRCT) (Oncorhynchus clarkii pleuriticus) as a threatened species throughout its range in the United States, pursuant to the Endangered Species Act of 1973, as amended. After a thorough review of all available scientific and commercial information, we find that listing the CRCT as either threatened or endangered is not warranted at this time. We ask the public to continue to submit to us any new information that becomes available concerning the status of or threats to the subspecies. This information will help us to monitor and encourage the ongoing conservation of this subspecies.