Fish and Wildlife Service May 15, 2008 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear
Document Number: E8-11144
Type: Rule
Date: 2008-05-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), amend the regulations at 50 CFR part 17, which implement the Endangered Species Act, as amended (ESA), to create a special rule under authority of section 4(d) of the ESA that provides measures that are necessary and advisable for the conservation of the polar bear (Ursus maritimus). Elsewhere in today's Federal Register, we have published a final rule listing the polar bear as a threatened species under the ESA. The special rule would adopt existing conservation regulatory requirements under the Marine Mammal Protection Act of 1972, as amended (MMPA), and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as the appropriate regulatory provisions for this threatened species. If an activity is not authorized or exempted under the MMPA or CITES and would result in an act that would be otherwise prohibited under the general prohibitions for threatened species (50 CFR 17.31), then the Sec. 17.31 prohibitions apply and we would require authorization under 50 CFR 17.32 of our regulations.
Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Polar Bear (Ursus maritimus) Throughout Its Range
Document Number: E8-11105
Type: Rule
Date: 2008-05-15
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on Petition To Delist the Hualapai Mexican Vole (Microtus mexicanus hualpaiensis)
Document Number: E8-10906
Type: Proposed Rule
Date: 2008-05-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), make a 90- day finding on a petition to remove the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) from the Federal List of Threatened and Endangered Wildlife and Plants pursuant to the Endangered Species Act (Act). We find that the petition presents substantial information indicating that delisting this mammal may be warranted. We are initiating a status review to determine if delisting this subspecies is warranted. We are requesting submission of any information on the Hualapai Mexican vole relevant to its listing status under the Act. Following this review, we will issue a 12-month finding on the petition.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Wintering Population of the Piping Plover in North Carolina
Document Number: E8-10887
Type: Proposed Rule
Date: 2008-05-15
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Ashy Storm-Petrel (Oceanodroma homochroa
Document Number: E8-10790
Type: Proposed Rule
Date: 2008-05-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the ashy storm-petrel (Oceanodroma homochroa) 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 ashy storm-petrel may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species to determine if listing the species is warranted. To ensure that the review is comprehensive, we are soliciting information and data regarding this species. We will make a determination on critical habitat for this species, which was also requested in the petition, if, and when, we initiate a listing action.
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