Fish and Wildlife Service March 2008 – Federal Register Recent Federal Regulation Documents

We, the Fish and Wildlife Service (Service), announce the availability of five Incidental Take Permit (ITP) Applications and Habitat Conservation Plans (HCPs) from the following five applicants: Hochler Construction, Scotts Valley LLC, James and Melinda Carter, Ronald Sunde, and College Heights Development Corp. Hochler Construction, Scotts Valley LLC, and James and Melinda Carter each request an ITP for a duration of 5 years; Ronald Sunde requests an ITP for a duration of 3 years; and College Heights Development Corp. requests an ITP for a duration of 6 years under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants collectively anticipate removing a total of approximately 7.23 acres of Mount Hermon June beetle (Polyphylla barbata) occupied habitat incidental to constructing 24 single-family homes and an addition to an existing single-family home in Santa Cruz County, California (Projects). The applicants' HCPs describe the mitigation and minimization measures the applicants propose to address the effects of the Projects on the Mount Hermon June beetle. In addition, the College Heights Development Corp. HCP includes the federally endangered Ben Lomond wallflower (Erysimum teretifolium) and Ben Lomond spineflower (Chorizanthe pungens var. hartwegiana) as covered species, and their HCP describes mitigation and minimization measures for those species as well. We are requesting comments on the permit application and on our preliminary determination that the proposed Habitat Conservation Plan (HCP) qualifies as a ``low effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in draft Environmental Action Statements (EAS) and associated Low Effect Screening Forms. The Applicants' Low Effect HCPs describe the mitigation and minimization measures they would implement, as required in Section 10(a)(2)(B) of the Act, to address the effects of the project on the Mount Hermon June beetle. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The draft HCPs and EASs are available for public review.

We, the Fish and Wildlife Service (Service), publish this notice to list programs or portions of programs that are eligible for inclusion in Fiscal Year 2008 funding agreements with self-governance tribes, and to list programmatic targets under section 405(c)(4) of the Tribal Self-Governance Act.

The DuPage County Forest Preserve District (District) (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 draft Safe Harbor Agreement (Agreement) between the Applicant and the Service for the Hine's emerald dragonfly (Somatochlora hineana). Section 9 of the Act and its implementing regulations prohibit the take of animal species listed as endangered or threatened. The definition of take under the Act includes the following activities: to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). Section 10 of the Act, 16 U.S.C. 1539, establishes a program whereby persons seeking to pursue activities that otherwise could give rise to liability for unlawful ``take'' of federally protected species may receive a permit, which protects them from such liability. The Hine's emerald dragonfly (HED) was listed as endangered by the Service in January 1995. A Recovery Plan for the species was published in September 2001. The Service has made a preliminary determination that the proposed Agreement 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 available for public review.

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 and plans for a 2008 Policy Session regarding the North American Conservation Model; State/Federal/Tribal Wildlife Management; Habitat Conservation and Management; Funding for Wildlife Conservation; and Perpetuating Hunter Traditions. This meeting is open to the public, and will include a session for the public to comment.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding under the Endangered Species Act of 1973, as amended (Act), concerning the petition to list as endangered a population of brook trout (Salvelinus fontinalis) known as coaster brook trout throughout its known historic range in the conterminous United States. We find that the petition contains substantial scientific or commercial information indicating that listing the U.S. population of coaster brook trout may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the coaster brook trout. At the conclusion of the status review, we will issue a 12-month finding on the petition. To ensure that the status review of the coaster brook trout is comprehensive, we are soliciting scientific and commercial information regarding the coaster brook trout throughout its range. We will make a determination on critical habitat for this species if we initiate a listing action.

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

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.

The U.S. Fish and Wildlife Service (Service or we) is publishing migratory bird subsistence harvest regulations in Alaska for the 2008 season. This proposed rule establishes regulations that prescribe dates when harvesting of birds may occur, species that can be taken, and methods and means excluded from use. These regulations were developed under a Co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking enacts region-specific regulations that go into effect on April 2, 2008, and expire on August 31, 2008.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act), the population of the North American wolverine (Gulo gulo luscus) that occurs in the contiguous United States. After a review of the best available scientific and commercial information, we have determined that the population of North American wolverine occurring in the contiguous United States does not constitute a listable entity under the Act. Therefore, we find that the petition to list the North American wolverine (Gulo gulo luscus) that occurs in the contiguous United States is not warranted for listing. The Service will continue to seek new information on the taxonomy, biology, ecology, and status of the North American wolverine and we will continue to support cooperative conservation of wolverines in the contiguous United States.

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 revised proposed rule 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) on the islands of Hawaii, Kauai, Maui, Molokai, and Oahu, under the Endangered Species Act of 1973, as amended (Act). The reopened comment period will provide the public, other concerned governmental agencies, the scientific community, industry, or any other interested parties with an additional opportunity to submit written comments on the revised proposed rule. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decisions.

The FWS and the NMFS (collectively, the Services) announce the availability for public review of a combined draft Environmental Assessment/Habitat Conservation Plan (EA/HCP) pertaining to an application by the Broughton Land Company (BLC) for incidental take permits (ITPs) pursuant to the Endangered Species Act of 1973, as amended (ESA). The draft EA/HCP addresses the proposed issuance of ITPs by the Services to the BLC for land management activities in Columbia County, Washington, that are identified in the HCP portion of the draft document. The proposed ITPs would authorize take, incidental to otherwise lawful activities, of the following threatened fish species: the bull trout (Salvelinus confluentus); Snake River spring/summer Chinook salmon and the Snake River fall Chinook salmon (both Oncorhynchus tshawytscha); and the middle Columbia River steelhead trout and the Snake River steelhead trout (both O. mykiss). We request comments from the public on the permit applications and the draft EA/HCP, all of which are available for review. The EA/HCP describes the proposed action and the measures that the BLC will implement to minimize and mitigate take of the threatened fish species discussed above. To review the documents, see ``Availability of Documents'' in the SUPPLEMENTARY INFORMATION section below.

We, the U.S. Fish and Wildlife Service (Service) announce that our Final Comprehensive Conservation Plan (Plan) and finding of no significant impact (FONSI) for Arrowwood national wildlife refuge (Refuge) is available. This Final Plan describes how the Service intends to manage the refuge for the next 15 years.