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

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

The Salt River Project (SRP) has submitted an application for an incidental take permit (ITP) for species currently listed under the Endangered Species Act of 1973, as amended (ESA) and species that may become listed in the future (collectively, ``covered species''). The proposed take would occur in Maricopa and Yavapai Counties, Arizona, as a result of impacts on covered species and occupied habitat from modified operation of Horseshoe Dam and Reservoir (Horseshoe) and Bartlett Dam and Reservoir (Bartlett). The U.S. Fish and Wildlife Service (Service) has issued a final Environmental Impact Statement (EIS) to evaluate the impacts of and alternatives for the possible issuance of an ITP. SRP has completed the final Horseshoe-Bartlett Habitat Conservation Plan (HCP), along with a proposed Implementing Agreement as part of the application package submitted to the Service (collectively, the ``Application'') as required by the ESA, for consideration of issuance of an ITP. The Application provides measures to minimize and mitigate the effects of the proposed taking of covered species and effects to the habitats upon which they depend. The final EIS includes all comments received on the draft EIS, and responses to those comments. No decision will be made on the proposed action until at least 30 days after publication of this notice of availability of the final EIS in the Federal Register. After the 30-day waiting period, the U.S. Fish and Wildlife Service will complete a Record of Decision (ROD) that states the action that will be implemented and discusses all factors leading to the decision.

We, the U.S. Fish and Wildlife Service, initiate 5-year status reviews for 70 species in Idaho, Montana, Oregon, Washington, and the Pacific Islands under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of these 5-year reviews, we will determine whether these species are properly classified under the Act.

We, the U.S. Fish and Wildlife Service (Service), announce the extension of the period for submitting information that is pertinent to our status review of the greater sage-grouse (Centrocercus urophasianus). The extension will provide the public and Federal, State, and local agencies with an additional opportunity to submit information for the status review. Information previously submitted need not be resubmitted; it already has been incorporated into the public record and will be fully considered in the status review.

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 June 30, 2008. 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, the U.S. Fish and Wildlife Service (Service), are adopting new regulations for the Upper Mississippi River National Wildlife and Fish Refuge (refuge) to govern existing general public use and recreation. These changes will take effect in spring 2008 and will implement the recently completed comprehensive conservation plan (CCP) for the refuge. This regulation codifies many existing refuge regulations currently published in and by brochures, signs, maps, and other forms of public notice.

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

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 (Service) announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Lake Woodruff National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe alternatives, including our proposed action to manage this refuge for the 15 years following approval of the Final CCP. Also available for review and comment are draft compatibility determinations.

We, the U.S. Fish and Wildlife Service (Service), initiate 5- year reviews of three endangered species (least terninterior population, Illinois cave amphipod, and Minnesota dwarf trout lily) and four threatened species (Lake Erie water snake, Lakeside daisy, Leedy's roseroot and northern wild monkshood) under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of these 5-year reviews, we will make a finding on whether these species are properly classified under the Act.

We announce our receipt of an application to conduct certain activities pertaining to enhancement of survival of endangered species.

We, the Fish and Wildlife Service, announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Pee Dee National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the Final CCP. The primary purpose of this 8,443-acre refuge is to protect migratory birds. Major habitats include bottomland hardwoods, upland pine forests, mixed pine-hardwoods, croplands, grasslands/old fields, managed wetlands, and open water. The refuge also has 1,306 acres in a conservation easement. Significant issues identified by the public, intergovernmental partners, and the Service include: Need for comprehensive wildlife and habitat management; lack of baseline data; threats to threatened, endangered, and imperiled species; impacts of increasing human population; need for increased partnerships and interagency coordination; spread of exotic species; impacts to water quantity and quality; need for improved environmental education and interpretation; need for a cultural resource management plan; and the need for maintaining quality hunting, fishing, and other wildlife-dependent public use activities.

In accordance with the Marine Mammal Protection Act (MMPA), the Fish and Wildlife Service (Service) has developed a draft revised marine mammal stock assessment report for the northern sea otter (Enhydra lutris kenyoni) stock in Washington State, which is available for public review and comment.

This proposed rule would establish regulations for fishing seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2009-2010 and 2010-2011 regulatory years. These regulations have been subject to an annual public review cycle, but starting in 2008 the Federal Subsistence Management Program will provide a public review process for subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfishing regulations in odd-numbered years. The Program will also address customary and traditional use determinations during the applicable biennial cycle. This cycle adjustment does not affect the public's ability to submit special action requests or requests for reconsideration, as outlined in the regulations. When final, the resulting rulemaking would replace the subsistence fish and shellfish taking regulations that will expire on March 31, 2009. This rule would also amend the customary and traditional use determinations of the Federal Subsistence Board and the general regulations on taking of fish and shellfish.

We, the Fish and Wildlife Service, announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Grand Bay National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the Final CCP.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our June 19, 2007, proposed revision to critical habitat for the San Bernardino kangaroo rat (Dipodomys merriami parvus) under the Endangered Species Act of 1973, as amended (Act). In this document, we also propose to: Increase the size of proposed critical habitat Unit 1 (Santa Ana River Wash), and add two new proposed units: Unit 4 (Cable Creek Wash) and Unit 5 (Bautista Creek). In total, we are adding approximately 1,579 acres (ac) (638 hectares (ha)), which are currently designated as critical habitat for this subspecies, to our proposed revision to critical habitat. We also announce the availability of the draft economic analysis (DEA) of the proposed revision of critical habitat and an amended required determinations section of the proposal. The DEA estimates potential costs attributed to the revised critical habitat designation (incremental costs) to be approximately $71.2 million in present value terms using a 3 percent discount rate over a 23-year period in areas proposed as critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the original proposed revision of critical habitat, the additions to revised critical habitat proposed in this document, the associated DEA, and the amended required determinations section. Comments previously submitted on this rulemaking do not need to be resubmitted, as they will be incorporated into the public record and fully considered when preparing our final determination.

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.

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.

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

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. This ICR revises OMB Control No. 1018-0123 to include our new Wildlife Without Borders Africa Grant Program. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. 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, the U.S. Fish and Wildlife Service (Service), announce the availability of the Post-delisting Monitoring Plan for the Western Great Lakes Distinct Population Segment of the Gray Wolf (Canis lupus) (Monitoring Plan). The status of the Distinct Population Segment (DPS) will be monitored over a 5-year period from 2007 through 2012, through annual evaluation of information collected by three states, other partners, and the Service.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for the Willapa National Wildlife Refuge (Refuge) located in Pacific County, Washington. An environmental impact statement (EIS) evaluating effects of various CCP alternatives will also be prepared. We provide this notice in compliance with our CCP policy to advise other government agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning and environmental review process. We are also requesting public comments. See DATES and ADDRESSES for details.

We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species.

The following permits were denied.

The following permits were issued.