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

Crown Enterprises (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 commercial development on a 3.2-acre site in the City of Rialto, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed 3.2-acre Crown Enterprise Site, City of Rialto, San Bernardino County, California 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.

We, the U.S. Fish and Wildlife Service (Service), propose to revise the critical habitat designation for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act of 1973, as amended (Act). In 1992, we designated critical habitat for the northern spotted owl on 6,887,000 acres (ac) (2,787,070 hectares (ha)) of Federal lands in California, Oregon, and Washington. In this document we propose revised critical habitat for the northern spotted owl on a total of approximately 5,337,839 acres (ac) (2,160,194 hectares (ha)) of Federal lands in California, Oregon, and Washington. If adopted, this action would result in a net decrease of approximately 1,549,161 ac (626,915 ha) of designated critical habitat for the northern spotted owl.

The following permits were issued.

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application for a 20-year EOS permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act), from Bob Mack and Carolyn Williams (applicants). The permit application includes a proposed 3-year SHA between the applicants and us. We are accepting comments on the SHA, permit application, and EAS.

Union Pacific Railroad (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-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 double-tracking and rail and drainage improvements in the City of Colton, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Union Pacific Railroad Alhambra Subdivision 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.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the Utah (desert) valvata snail (Valvata utahensis) from the Federal List of Endangered and Threatened Wildlife (List) pursuant to the Endangered Species Act (Act). We find that the petition presents substantial scientific information that delisting the Utah valvata snail may be warranted, and are initiating a status review. We plan to conduct this review concurrent with the ongoing status review initiated on April 11, 2006 (71 FR 18345), which we are required to make every 5 years under section 4(c)(2)(A) of the Act. We are requesting submission of any new information on the Utah valvata snail since its original listing as an endangered species in 1992. At the conclusion of these simultaneous reviews, we will make the requisite recommendation under section 4(c)(2)(B) of the Act and will issue a 12-month finding on the petition, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the yellow-billed loon (Gavia adamsii) as threatened or endangered, under the Endangered Species Act of 1973, as amended. We find that the petition presents substantial scientific information indicating that the petitioned action may be warranted. As a result of this action, the Service also announces the commencement of a thorough status review to determine if listing the yellow-billed loon may be warranted. We ask the public to submit to us any pertinent information concerning the status of or threats to this species. We will also be working with other agencies to gain additional data where gaps in our current information on this species exist. In addition, together with the Bureau of Land Management, the Alaska Departments of Fish and Game and Natural Resources, the U.S. Geological Survey, and the National Park Service, we have developed a Conservation Agreement for the yellow-billed loon, which addresses a subset of threats to the loon in a subset of the species' range. We invite comments on management strategies and research needs that should be considered in annual reviews of the Conservation Agreement.

The U.S. Fish and Wildlife Service and the National Park Service, U.S. Department of the Interior, as lead agencies, announce the availability of a Record of Decision (ROD) for the final Bison and Elk Management Plan (Plan) and Environmental Impact Statement (EIS) for the National Elk Refuge and Grand Teton National Park/John D. Rockefeller, Jr., Memorial Parkway (Grant Teton National Park). The final Plan/EIS was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966; as amended; the National Park Service Management Policies of 2006; and the National Environmental Policy Act (NEPA). The final Plan/EIS was prepared in cooperation with the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS); the U.S. Department of Agriculture Forest Service; the Department of Interior Bureau of Land Management (BLM); and the State of Wyoming Game and Fish Department (WGFD). The final Plan/EIS describes our proposal for management of the Jackson bison and elk populations within their respective jurisdictions for 15 years. The effects of six alternatives for the management of bison and elk populations for the National Elk Refuge and Grand Teton National Park are disclosed in the final Plan/EIS and are described in the ROD. We adopted and plan to implement Alternative 4Adaptively Manage Habitat and Populations.

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

In anticipation of possible removal (delisting) of the bald eagle from the List of Threatened and Endangered Wildlife under the Endangered Species Act (ESA), the U.S. Fish and Wildlife Service (``we'' or ``the Service'') is proposing new permit regulations to authorize the take of bald and golden eagles under the Bald and Golden Eagle Protection Act (Eagle Act), generally where the take to be authorized is associated with otherwise lawful activities. Second, we are proposing regulatory provisions to provide take authorization under the Eagle Act to ESA section 10 permittees who continue to operate in full compliance with the terms and conditions of their existing permits. Additionally, these proposed permit regulations would establish permit provisions for intentional take of eagle nests in rare cases where their location poses a risk to human safety or to the eagles themselves.

This notice advises the public that National Bald Eagle Management Guidelines are available to the public.

The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) is available for Mingo, Pilot Knob, and Ozark Cavefish NWRs, Missouri. The CCP was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Draft Post-Delisting Monitoring Plan (PDM Plan) for the Western Great Lakes (WGL) Distinct Population Segment (DPS) of the Gray Wolf (Canis lupus). Under the Draft PDM Plan, we would monitor the status of the gray wolves in the WGL DPS over a 5-year period. Our monitoring would include population estimates, health data from individual wolves, and review of changes in State and tribal management and legal protections that might impact the WGL DPS's status. During the PDM period, we and the Eastern Timber Wolf Recovery Team would annually conduct a review of the monitoring data and monitoring program. We solicit review and comment on this Draft Monitoring Plan from local, tribal, State, and Federal agencies and the public.

The Fish and Wildlife Service (Service) proposes regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses (walruses) and polar bears during year-round oil and gas industry (Industry) exploration activities in the Chukchi Sea and adjacent western coast of Alaska. We are proposing that this rule be effective for 5 years from date of issuance. We propose a finding that the total expected takings of walruses and polar bears during oil and gas industry exploration activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. The regulations that we propose to issue include permissible methods of nonlethal taking, measures to ensure the least practicable adverse impact on the species and the availability of these species for subsistence uses, and requirements for monitoring and reporting. If the proposed regulations are issued, we can issue Letters of Authorization to conduct activities under the provisions of these regulations when requested by citizens of the United States. We are seeking public comments on this proposed rule. In addition, the Service proposes to issue authorizations to take small numbers of marine mammals by harassment incidental to conducting exploration activities during the 2007 open-water season for oil and gas operators (Incidental Harassment Authorization). These activities will be carried out from approximately July 1 through November 30, 2007. The authorizations we propose to issue will also include permissible methods of nonlethal taking, measures to ensure the least practicable adverse impact on the species and the availability of these species for subsistence uses, and requirements for monitoring and reporting. We are seeking public comments on this proposal.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis and draft environmental assessment, the reopening of the public comment period, and a public hearing on the proposed revised designation of critical habitat for the wintering population of the piping plover (Charadrius melodus) under the Endangered Species Act of 1973, as amended (Act). We are reopening the public comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis and draft environmental assessment. The draft economic analysis finds that costs associated with conservation activities for the wintering population of the piping plover in North Carolina are forecasted to range from $0 to $12.2 million in lost consumer surplus and $0 to $21.1 million in lost trip expenditures in undiscounted dollars over the next 20 years, with an additional $32,000 to $79,000 in administrative costs. Discounted impacts are estimated to range from $0 to $6.2 million in lost consumer surplus and $0 to $10.6 million in lost trip expenditures over 20 years using a real rate of seven percent, with an additional $17,000 to $42,000 in administrative costs. This amounts to $0 to $503,000 in lost consumer surplus and $0 to $861,000 in lost trip expenditures, annually. Using a real rate of three percent, discounted impacts are estimated at $0 to $8.9 million in lost consumer surplus and $0 to $15.4 million in lost trip expenditures over the next 20 years, with an additional $24,000 to $59,000 in administrative costs. This amounts to $2,000 to $600,000 in lost consumer surplus and $0 to $1.0 million in lost trip expenditures, annually. The draft environmental assessment finds that designation of critical habitat would not impose any physical alteration of the physical or biological communities used by the wintering population of the piping plover, nor would it alter any social, cultural, or recreational resources or the use of such resources beyond current conditions or existing management strategies. Comments previously submitted need not be resubmitted as they will be incorporated into the public record and fully considered in preparation of the final rule.

We, the Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Mt. Charleston blue butterfly (Icaricia shasta charlestonensis) 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 Mt. Charleston blue butterfly may be warranted. Therefore, with the publication of this notice, we are initiating a status review of this subspecies, and we will issue a 12- month finding to determine if the petitioned action is warranted. To ensure that the status review of the Mt. Charleston blue butterfly is comprehensive, we are soliciting scientific and commercial data regarding this subspecies. A determination on critical habitat will be made if and when a listing action is initiated for this subspecies.

The following permits were issued.

The U.S. Fish and Wildlife Service (Service) announces the availability of the revised Recovery Plan for the Whooping Crane (Grus americana). This is the third revision of the recovery plan for this species; the original was completed in 1980. The whooping crane is found in the United States east of the Rocky Mountains and in central Canada. This revision to the recovery plan was developed by an international team and will be jointly adopted by the United States and Canada.

We invite the public to comment on the following applications to conduct certain activities with endangered species.

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

The U.S. Fish and Wildlife Service (Service, we, our) is gathering the information needed to prepare a comprehensive conservation plan (CCP) and associated environmental assessment (EA) for Elizabeth Hartwell Mason Neck and Featherstone National Wildlife Refuges (NWR), two of the three refuges in the Potomac River NWR Complex. 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.

The U.S. Fish and Wildlife Service (Service) announces that a final Comprehensive Conservation Plan (CCP) for the Long Lake National Wildlife Refuge Complex (Complex) is available. This CCP, prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997 and the National Environmental Policy Act of 1969, describes how the Service intends to manage the Complex, which includes Long Lake National Wildlife Refuge (NWR), Slade NWR, Florence Lake NWR, and Long Lake Wetland Management District (WMD), for the next 15 years.

We, the Fish and Wildlife Service, intend to gather information necessary to prepare a comprehensive conservation plan and associated environmental documents for Holla Bend National Wildlife Refuge. We furnish this notice in compliance with our 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 during the planning process.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and Habitat Conservation Plan (HCP). Parrish Medical Center (applicant) requests an incidental take permit (ITP) for a duration of 2 years pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 6.93 acre (ac) of Florida scrub-jay (Alphelocoma coerulescens)occupied habitat incidental to constructing a health center in Brevard 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 scrub-jay.