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

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Polk County Utilities (applicants) request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants anticipate taking about 6.63 acres of sand skink (Neopseps reynoldsi) and bluetail mole skink (Eumeces egregius lividus) (skinks) foraging and sheltering habitat incidental to construction activities associated with the expansion of the existing Sun Ray Wastewater Treatment Facility in Polk County, Florida (project). The applicants' HCP describes the mitigation and minimization measures proposed to address the effects of the project on the skinks.

The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). This notice announces a TAMWG meeting, which is open to the public.

We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a status review for the northern Mexican gartersnake (Thamnophis eques megalops). Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threat to, the northern Mexican gartersnake.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Alabama sturgeon (Scaphirhynchus suttkusi) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 524 kilometers (326 miles) of river are proposed as critical habitat. The proposed critical habitat includes portions of the Alabama and Cahaba Rivers in Autauga, Baldwin, Bibb, Clarke, Dallas, Lowndes, Monroe, Perry, and Wilcox Counties, in Alabama.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Ronald and Jacquelyn Perron (applicants) request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants anticipate taking about 0.25 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub- jay) foraging and sheltering habitat incidental to lot preparation for the construction of a single-family residence and supporting infrastructure in Charlotte County, Florida (project). The applicants' HCP describes the mitigation and minimization measures proposed to address the effects of the project on the scrub-jay.

We, the U.S. Fish and Wildlife Service (Service), will host a Wind Turbine Guidelines Advisory Committee (Committee) workshop, on June 18, 2008. The workshop is open to the public. The workshop agenda will include the discussion and clarification of objectives to guide the Committee in its development of recommendations to the Secretary of the Interior.

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

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a status review for the bald eagle (Haliaeetus leucocephalus) in the Sonoran Desert area of central Arizona and northwestern Mexico, hereafter referred to as the ``Sonoran Desert area bald eagle.'' Through this action, we encourage all interested parties to provide us with information regarding the status of, and any potential threats to, the Sonoran Desert area bald eagle.

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

We, the U.S. Fish and Wildlife Service (Service), under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), propose to remove the plant Erigeron maguirei (commonly referred to as Maguire daisy) from the List of Endangered and Threatened Plants. The best scientific and commercial data available indicate that this species has recovered and no longer meets the definition of threatened or endangered under the Act. Our review of the status of this species shows that populations are stable, threats have been addressed, and adequate regulatory mechanisms ensure the species is not currently and is not likely to again become an endangered species within the foreseeable future in all or a significant portion of its range. We seek information, data, and comments from the public regarding E. maguirei, this proposal to delist, and the Post-Delisting Monitoring Plan. This proposed rule completes the 5-year status review initiated on April 7, 2006 (71 FR 17900).

The East Bay Municipal Utility District, Oakland (EBMUD or applicant) has applied to the Fish and Wildlife Service (Service) for a 30-year incidental take permit for seven species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The application addresses the potential for ``take'' of two listed animals, two listed plants, and three currently unlisted species. The applicant would implement a conservation program to minimize and mitigate the project activities, as described in the East Bay Municipal Utility District Low-Effect East Bay Habitat Conservation Plan (plan). We request comments on the applicant's application and plan, and the preliminary determination that the plan qualifies as a ``low-effect'' habitat conservation plan, eligible for a Categorical Exclusion under the National Environmental Policy Act of 1969, as amended (NEPA). We discuss our basis for this determination in our Environmental Action Statement (EAS), which is also available for public review.

We, the U.S. Fish and Wildlife Service (Service), advise the public that we intend to prepare an Environmental Impact Statement (EIS) to evaluate the impacts of, and alternatives to, the proposed issuance of an Incidental Take Permit (ITP) under the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.) to Hays County, Texas (Applicant). We also announce a public scoping meeting and public comment period.

We, the U.S. Fish and Wildlife Service (Service), determine threatened status for the polar bear (Ursus maritimus) under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). Polar bears evolved to utilize the Arctic sea ice niche and are distributed throughout most ice-covered seas of the Northern Hemisphere. We find, based upon the best available scientific and commercial information, that polar bear habitatprincipally sea ice is declining throughout the species' range, that this decline is expected to continue for the foreseeable future, and that this loss threatens the species throughout all of its range. Therefore, we find that the polar bear is likely to become an endangered species within the foreseeable future throughout all of its range. This final rule activates the consultation provisions of section 7 of the Act for the polar bear. The special rule for the polar bear, also published in today's edition of the Federal Register, sets out the prohibitions and exceptions that apply to this threatened species.

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 wintering population of the piping plover (Charadrius melodus) in Dare and Hyde Counties, North Carolina (71 FR 33703, June 12, 2006). In this document, we are proposing to add 87 hectares (ha) (215 acres (ac)) of critical habitat to two previously proposed units. As a result, our proposed revised critical habitat designation for the species now includes 4 revised critical habitat units totaling approximately 827 ha (2,043 ac). We also announce the availability of the revised draft economic analysis (DEA) and environmental assessment of the proposed revised designation of critical habitat. We are reopening the comment period on the June 12, 2006, proposed rule to allow all interested parties an opportunity to comment simultaneously on that proposal, the proposed revised critical habitat units described in this document, our amended required determinations, and the associated revised DEA and environmental assessment. Please do not resend comments you have already submitted. We will incorporate comments previously submitted 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, we), announce that the Draft Revised Comprehensive Conservation Plan (Draft CCP) and Environmental Assessment (EA) for the southern unit of the Innoko National Wildlife Refuge is available for public comment. The Draft CCP/EA was prepared pursuant to the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), the National Wildlife Refuge System Administration Act of 1966 (Refuge Administration Act) as amended by the National Wildlife Refuge System Improvement Act of 1997 (Refuge Improvement Act), and the National Environmental Policy Act of 1969 (NEPA). It describes two alternatives for managing the southern unit of the Innoko Refuge for the next 15 years, including continuing current management. We will use special mailings to inform the public of opportunities to provide input on the CCP/EA and will hold public meetings in communities near the Refuge (Grayling, Anvik, Shageluk, Holly Cross, Kaltag, McGrath, and Takotna).

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for Acanthomintha ilicifolia (San Diego thornmint) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period because of new information we received following the close of the last public comment period on this proposed action. This new information leads us to propose revised boundaries for Subunit 1A and to update the areas we are proposing for exclusion from the final designation. The reopened comment period will provide the public; Federal, State, and local agencies; and Tribes with an additional opportunity to submit comments on the original proposed rule and the revisions proposed in this document. Comments previously submitted on the proposed critical habitat designation for A. ilicifolia need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for the Sheldon National Wildlife Refuge (Refuge). An environmental impact statement (EIS) evaluating effects of various CCP alternatives, will also be prepared. The Refuge is located in Washoe and Humboldt County, Nevada, and Lake County, Oregon. We provide this notice in compliance with our CCP policy to: advise other Federal and State agencies, Tribes, and the public of our intentions, and obtain suggestions and information on the scope of issues to consider in the planning process. We are also announcing public open house meetings and requesting public comments.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and associated National Environmental Policy Act (NEPA) documents for Black Bayou Lake National Wildlife Refuge. We provide this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process.

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.

The applicants (Ms. Shirley Baird, Mr. Edward Boykin, Mr. Richard Dorsey, Mr. Richard Eastman, Mr. Terry Elkins, Mr. Medford Foster, Mr. Ted Giles, Mr. John Griffin, Harrison Building, Mr. Kenneth Howald, Mr. Gary Hudson, Mr. Jerry Hutcherson, Mr. Dean Jones, Mr. Bobby Junkins, K-Developers LLC, Mr. James Keeling, Mr. James Klimback, Mr. Marshall Newport, Ms. Mary Powers, Mr. Bradley Redwine, Mr. Edwin Spence, Mr. Jackie Stokley, Mr. Olin Tumlin, and Mr. James Walker) have applied to the Fish and Wildlife Service (Service) for incidental take permits (ITP) under section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S. C. 1531 et seq.) (Act), as amended for the take of Alabama beach mouse (Peromyscus polionotus ammobates) (ABM). The proposed take would be incidental to the otherwise lawful activity of constructing 37 single-family and 5 duplex residences on the Fort Morgan Peninsula in Baldwin County, Alabama. The applicants have prepared Habitat Conservation Plans (HCPs) in accordance with section 10(a)(2)(A) of the Act, specifying, among other things, the impacts that are likely to result from the taking and the measures each applicant would undertake to minimize and mitigate such impacts. A detailed description of the proposed minimization and mitigation measures is provided in the applicants' HCPs and in our Environmental Assessment (EA). The proposed action would involve approval of the HCPs if the statutory issuance criteria are satisfied. The EA considers the environmental impacts of the proposed projects on the environment.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Lake Sammamish kokanee (Oncorhynchus nerka) as a threatened or endangered species 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 Lake Sammamish kokanee may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and we will issue a 12-month finding on our determination as to whether the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting information and data regarding this species. We will make a determination on critical habitat for this species if, and when, we initiate a listing action.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Louisiana black bear under the Endangered Species Act of 1973, as amended (Act). Concurrently, we withdraw our December 2, 1993, proposal for Louisiana black bear critical habitat (58 FR 63560). In total, approximately 1,330,000 acres (538,894 hectares (ha)) fall within the boundaries of this proposed critical habitat designation. The proposed critical habitat is located in Avoyelles, East Carroll, Catahoula, Concordia, Franklin, Iberia, Iberville, Madison, Pointe Coupee, Richland, St. Martin, St. Mary, Tensas, West Carroll, and West Feliciana Parishes, Louisiana.

We, the U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (CDFG) are proposing a restoration plan for 1,500 acres (ac) of former hayfield farm land in the San Pablo Bay. This restoration project would combine tidal salt marsh habitat for endangered species, waterfowl, waterbirds, and fish, as well as public access features to increase accessibility to wildlife resource values in the San Pablo Bay, while minimizing project-induced flood impacts to Highway 37. In accordance with the National Environmental Policy Act of 1969 (NEPA), this notice advises other agencies, Tribes, and the public that the draft environmental impact statement and environmental impact report (DEIS/EIR) on the proposed tidal marsh restoration project at Cullinan Ranch, a unit of the San Pablo Bay National Wildlife Refuge (Refuge), Solano and Napa Counties, California, is now available for review. We invite and encourage interested persons to review the document and submit written comments to identify issues related to the alternatives we address in the DEIS/ EIR.

We, the U.S. Fish and Wildlife Service (Service), are issuing a final rule to amend the regulations for the Federal List of Endangered and Threatened Wildlife at 50 CFR 17.11 by designating bald eagles (Haliaeetus leucocephalus) in the Sonoran Desert area of central Arizona as threatened under the authority of the Endangered Species Act of 1973, as amended (Act). We are also reinstating and clarifying the former special rule at 50 CFR 17.41 that applied to threatened members of this species. This action revises the CFR to reflect a March 6, 2008, court order.