Fish and Wildlife Service April 15, 2008 – Federal Register Recent Federal Regulation Documents
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Amendment to the Incidental Take Permit for the San Bruno Mountain Habitat Conservation Plan in San Mateo County, CA
We, the U.S. Fish and Wildlife Service (Service), announce that the County of San Mateo and the City of Brisbane, acting on the behalf of the County of San Mateo and Cities of Brisbane, Daly City, and South San Francisco (Applicants or Permittees), have applied for an amendment to an incidental take permit under the Federal Endangered Species Act of 1973, as amended (Act). We are considering the issuance of an amended permit to the Applicants that would add the authorization for take of the federally endangered callippe silverspot butterfly (Speyeria callippe callippe) (callippe) and the federally threatened bay checkerspot butterfly (Ephydra editha bayensis) (bay checkerspot) incidental to the Applicant's activities outlined in their proposed amendments to the 1982 San Bruno Mountain Habitat Conservation Plan (HCP) in San Mateo County, California. The HCP amendments would adjust the boundaries of Conserved Habitat within the 228-acre Northeast Ridge (Administrative Parcel 1-07) and provide supplemental HCP funding provisions that would allow additional habitat management and monitoring activities to occur on the approximately 2,828 acres of habitat conserved and managed under the HCP on San Bruno Mountain. We request comments from the public on the permit application and an Environmental Assessment. The permit application includes the Biological Study and Analysis of Conserved Habitat for Amendments to the Habitat Conservation Plan for San Bruno Mountain and Incidental Take Permit PRT 2-9818 (Study). The Study describes the proposed changes to the 1982 HCP as it was last amended in 1989, and the measures that the Applicants would undertake to minimize and mitigate take of the covered species.
National Marine Fisheries Service; Bay Delta Conservation Plan for the Sacramento-San Joaquin Delta, California
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation), the Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) intend to serve as co-lead agencies in the preparation of a joint EIS/EIR for the Bay Delta Conservation Plan (BDCP). The California Department of Water Resources (DWR) will serve as the lead agency under the California Environmental Quality Act (CEQA). Reclamation will serve as the administrative lead for all actions related to this Federal Register Notice. The BDCP is a conservation plan being prepared to meet the requirements of the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), and the State of California's Natural Communities Conservation Planning Act (NCCPA). DWR and State and Federal water contractors intend to apply for FESA and CESA incidental take permits (ITP) for water operations and management activities in the Sacramento-San Joaquin Delta. These incidental take authorizations would allow the incidental take of threatened and endangered species resulting from covered activities and conservation measures that will be identified through the planning process including those associated with water operations of the Federal Central Valley Project (CVP), as operated by Reclamation, the California State Water Project (SWP), as operated by DWR, as well as operations of certain Mirant Delta LLC (Mirant Delta) power plants. Additionally, the BDCP will, if feasible, be used as the basis for FESA compliance by Reclamation, including compliance with Section 7 of FESA in coordination with FWS and NMFS. Ultimately, the BDCP is intended to secure authorizations that would allow projects that restore and protect water supply and reliability, water quality, and ecosystem health to proceed within a stable regulatory framework. On January 24, 2008, FWS and NMFS issued a NOI to conduct public scoping and prepare an EIR/EIS regarding the BDCP for the Sacramento- San Joaquin Delta, California (73 FR 4178). As the BDCP effort has progressed, Reclamation has determined it has a substantive interest in the development and ultimate implementation of the BDCP. Specifically, Reclamation seeks to improve water supply reliability for its Federal water contractors, while meeting its FESA obligations. Environmental constraints, including measures to protect endangered species in the Sacramento-San Joaquin Delta, impair that water supply reliability. The BDCP will recommend actions and conservation measures for implementation to improve both environmental conditions in the Delta and water supply reliability. Reclamation expects the recommended actions and conservation measures to include activities that are within Reclamation's responsibilities. The NOI is, therefore, being reissued to include Reclamation as a co-lead agency, update the status of the BDCP planning process, correct an error in the January 24, 2008, NOI, and to provide notice of scoping meetings. As the Federal lead agencies continue to refine the purpose and need for the project, additional public notices regarding scoping will be issued and additional scoping meetings will be held.
Final Comprehensive Conservation Plan and Environmental Impact Statement for the Trempealeau National Wildlife Refuge, Wisconsin
The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) is available for Trempealeau National Wildlife Refuge. The Final CCP/EIS 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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Bay Checkerspot Butterfly (Euphydryas editha bayensis)
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed revised designation of critical habitat for the Bay checkerspot butterfly (Euphydryas editha bayensis) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis (DEA) of the proposed revised critical habitat designation and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, and the amended required determinations section. You do not have to resend comments sent earlier. We will incorporate them into the public record as part of this comment period, and we will fully consider them when preparing our final determination.
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