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

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Mattamuskeet National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce a meeting of the Lake Champlain Sea Lamprey Control Alternatives Workgroup (Workgroup). The Workgroup's purpose is to provide, in an advisory capacity, recommendations and advice on research and implementation of sea lamprey control techniques alternative to lampricide that are technically feasible, cost effective, and environmentally safe. The primary objective of the meeting will be to discuss potential research initiatives that may enhance alternative sea lamprey control techniques. The meeting is open to the public.

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

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period and the scheduling of a public hearing on the proposed revised designation of critical habitat for the Alabama sturgeon (Scaphirhyncus suttkusi) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability for public comment of a draft economic analysis (DEA) and an amended required determinations section of the proposal. We also seek comment on our proposal to change the first primary constituent element (PCE) from its original description because we have determined that the original wording failed to indicate that the flow needs of the species are relative to the season of the year. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the revised proposed rule, the associated DEA, and the amended required determinations section. If you submitted comments previously, you do not need to resubmit them because we have already incorporated them into the public record and will fully consider them in preparation of the final rule.

We, the U.S. Fish and Wildlife Service (Service), propose to list three species of birds from Latin America and the Caribbeanthe Andean flamingo (Phoenicoparrus andinus), the Chilean woodstar (Eulidia yarrellii), and the St. Lucia forest thrush (Cichlherminia lherminieri sanctaeluciae)as endangered under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). This proposal, if made final, would extend the Act's protection to these species. The Service seeks data and comments from the public on this proposed rule.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on December 31, 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

We, the U.S. Fish and Wildlife Service (Service), announce that the Farallon National Wildlife Refuge (Refuge) Draft Comprehensive Conservation Plan and Environmental Assessment (draft CCP/EA) is available for review and comment. Also available for review are the draft compatibility determinations for research and monitoring, media access, and environmental education and monitoring through a remote camera system.

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

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our January 17, 2008, proposed revised designation of critical habitat for the Quino checkerspot butterfly under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis (DEA), a revision to proposed critical habitat Unit 2, 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 revision of critical habitat (including the changes to proposed critical habitat Unit 2), the associated DEA, and the amended required determinations section. If you submitted comments previously, then you do not need to resubmit them because they are included in the public record for this rulemaking and we will fully consider them in preparation of our final determination.

The U.S. Fish and Wildlife Service (Service or we) proposes migratory bird subsistence harvest regulations in Alaska for the 2009 season. The proposed regulations would enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These proposed regulations were developed under a co- management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region-specific regulations that would go into effect on April 2, 2009, and expire on August 31, 2009.

We, the Fish and Wildlife Service, announce the availability of the third revision of the Florida Panther Recovery Plan. The plan includes specific recovery objectives and criteria to be met in order to reclassify the Florida panther (Puma concolor coryi) to threatened status and eventually delist this species under the Endangered Species Act of 1973, as amended (Act).

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list four species of penguins as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). After a thorough review of all available scientific and commercial information, we find that the petitioned action for the Campbell Plateau portion of the range of the New Zealand/Australia Distinct Population Segment (DPS) of the southern rockhopper penguin (Eudyptes chrysocome) is warranted, and we propose to list this species as threatened under the Act in the Campbell Plateau portion of its range. This proposal, if made final, would extend the Act's protection to this species in that portion of its range. In addition, we find that listing under the Act is not warranted for the remainder of the range of the southern rockhopper penguin and throughout all or any portion of the range for the northern rockhopper penguin (Eudyptes moseleyi), macaroni penguin (Eudyptes chrysolophus), and emperor penguin (Aptenodytes forsteri).

The Fish and Wildlife Service (hereinafter Service) will conduct an open meeting on January 29, 2009, to identify and discuss preliminary issues concerning the 2009-10 migratory bird hunting regulations.

We, the U.S. Fish and Wildlife Service (Service), intend to gather information necessary to prepare comprehensive conservation plans (CCP) and associated environmental documents for the Big Stone, Neal Smith, Crane Meadows, Gravel Island, Green Bay, Harbor Island, Huron, and Michigan Islands National Wildlife Refuges (NWRs). We furnish this notice in compliance with our CCP policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process. In addition, we invite comments on archeological, historic, and traditional cultural sites in accordance with the National Historic Preservation Act. Special mailings, newspaper articles, Internet postings, and other media announcements will inform people of the opportunities for written comments.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment (EA) for Wapack National Wildlife Refuge (NWR). In this final CCP, we describe how we will manage the refuge for the next 15 years.

With this final rule, the United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, ``Services'' or ``we'') amend regulations governing interagency cooperation under the Endangered Species Act of 1973, as amended (ESA). This rule clarifies several definitions, provides assistance as to when consultation under section 7 is necessary, and establishes time frames for the informal consultation process.

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), propose to designate critical habitat for the southwest Alaska Distinct Population Segment (DPS) of the northern sea otter (Enhydra lutris kenyoni) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 15,225 square kilometers (km\2\) (5,879 square miles (mi\2\)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Alaska.

We, the U.S. Fish and Wildlife Service (Service) are issuing this final rule to comply with three court orders which have the effect of reinstating the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in the western Great Lakes and the northern Rocky Mountains. This rule corrects the gray wolf listing at 50 CFR 17.11 to reinstate the listing of wolves in all of Wisconsin and Michigan, the eastern half of North Dakota and South Dakota, the northern half of Iowa, the northern portions of Illinois and Indiana, the northwestern portion of Ohio, the northern half of Montana, the northern panhandle of Idaho, the eastern third of Washington and Oregon, and in north-central Utah as endangered, and reinstate the listing of wolves in Minnesota as threatened. This rule also reinstates the former designated critical habitat in 50 CFR 17.95(a) for gray wolves in Minnesota and Michigan, special regulations in 50 CFR 17.40(d) for the gray wolf in Minnesota, and special rules in 50 CFR 17.84 designating the gray wolf in the remainder of Montana and Idaho and all of Wyoming as nonessential experimental populations. This action revises the CFR to comply with three court orders. In addition, this final rule takes additional administrative action that removes archaic provisions from the gray wolf special regulation at 50 CFR 17.84(i) and makes corrections to the gray wolf special regulation at Sec. 17.84(n) by removing language referring to a Western DPS.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.

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

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on December 31, 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on December 31, 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number (LPN) to each species, or to remove species from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms, previously called candidate forms) for each candidate species. Overall, this CNOR recognizes 1 new candidate, changes the LPN for 11 candidates, and removes 2 species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of species that are candidates for listing is 251. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period September 30, 2007, through September 30, 2008. We request additional status information that may be available for the 251 candidate species identified in this CNOR.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Mackay Island National Wildlife Refuge (NWR).

We, the U.S. Fish and Wildlife Service (FWS), announce the FY 2009 priority list of wildlife and sport fish conservation projects from the Association of Fish and Wildlife Agencies (AFWA). As required by the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000, AFWA submits a list of projects to us each year to consider for funding under the Multistate Conservation Grant program. We then review and award grants from this list.

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 Texas under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) and a draft environmental assessment of the proposed critical habitat designation and a corrected area estimated for 19 critical habitat units vacated by the court, and amended required determinations. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, the draft environmental assessment, the corrected acreage figures, and our amended required determinations. 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.

We, the U.S. Fish and Wildlife Service, propose a change in the regulations governing control of depredating blackbirds, cowbirds, grackles, crows, and magpies at 50 CFR 21.43. Because of long-term evidence of population declines throughout much of their ranges, we propose to remove the Rusty Blackbird (Euphagus carolinus) and the Mexican (Tamaulipas) Crow (Corvus imparatus) from the list of species that may be controlled under the depredation order. After this change, a depredation permit would be necessary to conduct control actions to take either of these species. We also propose to add a requirement to use nontoxic shot or bullets when a firearm is used to control any species listed under the order, and we propose to add a requirement to report on control actions taken under the order.

We, the U.S. Fish and Wildlife Service (Service), propose to list as endangered the foreign species, black-breasted puffleg (Eriocnemis nigrivestisa hummingbird native to Ecuador)under the Endangered Species Act of 1973, as amended (Act). This proposal, if made final, would extend the Act's protection to this species. We intend that any final action resulting from this proposal to list this species be as accurate and as effective as possible. Therefore, we request from all interested parties comments or suggestions regarding this proposed rule.

We, the U.S. Fish and Wildlife Service (Service), in cooperation with the National Park Service and the United States Section of the International Boundary and Water Commission, will reestablish the Rio Grande silvery minnow (Hybognathus amarus), a federally-listed endangered fish, into its historical habitat in the Big Bend reach of the Rio Grande in Presidio, Brewster, and Terrell Counties, Texas. We are reestablishing the Rio Grande silvery minnow under section 10(j) of the Endangered Species Act of 1973, as amended (Act), and are classifying it as a nonessential experimental population (NEP). On the Rio Grande, the geographic boundaries of the NEP extend from Little Box Canyon downstream of Fort Quitman, Hudspeth County, Texas, through Big Bend National Park and the Rio Grande Wild and Scenic River, to Amistad Dam (Big Bend reach of the Rio Grande), Val Verde County, Texas. On the Pecos River, the geographic boundaries of the NEP extend from the river's confluence with Independence Creek to its confluence with the Rio Grande. This action is part of the recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the historic range of the species. This final rule establishes the NEP and provides for limited allowable legal taking of Rio Grande silvery minnows within the defined NEP area. An Environmental Assessment (EA) and Finding of No Significant Impact have been prepared for this action (see ADDRESSES section below).

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti) as an endangered species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). We find the petition provides substantial scientific or commercial information indicating that listing this subspecies under the Act 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 to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding this species. We will make a determination on critical habitat for this subspecies if and when we initiate a listing action.

We, the U.S. Fish and Wildlife Service (Service), are designating 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) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 8,788 acres (ac) (3,556 hectares (ha)) fall within the boundaries of the final critical habitat designation. The critical habitat is located in four counties (City and County of Honolulu, Hawaii, Maui, and Kauai) in Hawaii.

NOAA and the USFWS are publishing final regulations to establish a ship reporting system for the Papahanaumokuakea Marine National Monument. This action implements measures adopted by the International Maritime Organization requiring notification by ships passing through the Monument without interruption.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for the James Campbell and Pearl Harbor National Wildlife Refuges (refuges). We will also prepare an environmental assessment (EA) to evaluate the effects of various CCP alternatives. This notice also announces two public open house meetings; see SUPPLEMENTARY INFORMATION for the details. Both refuges are located on the island of O`ahu, HI. We furnish this notice in compliance with CCP policy to advise other agencies 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, announce our decision and availability of the Record of Decision (ROD) for the Hanford Reach National Monument (Monument) Final Comprehensive Conservation Plan and Environmental Impact Statement (Final CCP/EIS). The ROD documents our selection of Alternative C-1, the Preferred Alternative in our Final CCP/EIS, for implementation as the Monument's CCP. Alternative C-1 addresses the key issues identified during the planning process and will best achieve the purposes and goals of the Monument as well as the mission of the National Wildlife Refuge System (NWRS). The Monument is located in Adams, Benton, Franklin, and Grant Counties, Washington.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the northern Mexican gartersnake (Thamnophis eques megalops) as threatened or endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act). The petitioners provided three listing options for consideration by the Service: (1) Listing the U.S. population as a Distinct Population Segment (DPS); (2) listing Thamnophis eques megalops throughout its range in the United States and Mexico based on its rangewide status; or (3) listing Thamnophis eques megalops throughout its range in the United States and Mexico based on its status in the United States. On the basis of the best scientific and commercial information available, we find that listing the northern Mexican gartersnake as threatened or endangered throughout its range in the United States and Mexico, based on its rangewide status, is warranted under the Act, due to the present or threatened destruction, modification or curtailment of its habitat; predation; and the inadequacy of existing regulatory mechanisms. Currently, listing is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, the northern Mexican gartersnake will be added to our candidate species list. We will develop a proposed rule to list the northern Mexican gartersnake as our priorities allow. Any determination on critical habitat will be made during development of the proposed rule.

We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on November 5, 2008, that sets forth regulations that authorize measures to increase harvest of certain populations of light geese, revise the regulations for the management of overabundant light goose populations, and modify the conservation order that will increase take of birds from such populations. That final rule contained errors in two amendatory instructions and certain corresponding text of the regulations; one error would incorrectly remove changes made to the regulations at 50 CFR part 20 in a series of final rules we published concerning hunting methods for resident Canada geese and the other mischaracterizes the contents of subpart E of 50 CFR part 21. This document corrects those errors.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Shell Keys National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Eufaula National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

We announce a meeting of the Sporting Conservation Council (Council). The meeting agenda includes: (1) The status of the Final White Papers Document associated with the White House Conference on North American Wildlife Policy, (2) the 10-year Action Plan mandated by Executive Order 13443, and (3) a report on the comparative risk modeling being developed at Michigan State University. This Council meeting is open to the public, and will include a session for the public to comment.

The U.S. Fish and Wildlife Service announces the availability of the Revised Recovery Plan for the Sihek or Guam Micronesian Kingfisher (Halcyon cinnamomina cinnamomina). This subspecies, which was found only on the island of Guam, was federally listed as endangered in 1984.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed designation of critical habitat for the Louisiana black bear (Ursus americanus luteolus) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) 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 revised proposed rule, the associated DEA, and the amended required determinations section. If you submitted comments previously, you do not need to resubmit them because we have already incorporated them into the public record and will fully consider them in preparation of the final rule.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Wolf Island National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for Attwater Prairie Chicken National Wildlife Refuge, located in Colorado and Austin Counties, Texas. 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 to obtain suggestions and information on the scope of issues to consider in the planning process.

This notice advises the public that we authorize States in the Atlantic, Mississippi, and Central Flyways to implement regulations for managing the harvest of light goose populations. The regulations for this harvest are published elsewhere in today's Federal Register.

We, the U.S. Fish and Wildlife Service (Service), request public comment on a right-of-way (ROW) permit application we have received from Texas Gas Transmission, LLC (Texas Gas), to install a 36- inch-diameter natural gas pipeline under lands within Hillside National Wildlife Refuge (Refuge) in Holmes County, MS.

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

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Waccamaw National Wildlife Refuge. In the final CCP, we describe how we will manage this refuge for the next 15 years.

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), announce a 90-day finding on a petition to list the dusky tree vole (Arborimus longicaudus silvicola) in all of its range as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). The petitioners also requested the Service to list either the north Oregon coast population of the red tree vole (A. longicaudus) as a Distinct Population Segment (DPS) or the red tree vole throughout all of its range because it is threatened or endangered in a significant portion of its range, if we determined that the subspecies, A. l. silvicola, was not a valid taxon. We find that the petition presents substantial scientific or commercial information indicating that listing the dusky tree vole as a subspecies may be warranted. Therefore, with the publication of this notice we are initiating a status review of the species, including the evaluation of the north Oregon coast population of red tree vole and the red tree vole throughout its range, 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 scientific and commercial data and other information 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), announce the decision and availability of the record of decision (ROD) for the final environmental impact statement (EIS), comprehensive conservation plan (CCP), and land protection plan (LPP) for the Texas Chenier Plain National Wildlife Refuge Complex (Refuge Complex). We completed a thorough analysis of the environmental, social, and economic considerations and presented it in our final EIS, which we released to the public through a Federal Register notice on June 30, 2008. The ROD documents our decision to adopt and implement Refuge Management Alternative D and Refuge Boundary Expansion Alternative C. Refuge Management Alternative D is adopted as the CCP for the Refuge Complex and will direct the management activities on the Refuge Complex for the next 15 years. Refuge Boundary Expansion Alternative C is adopted as the LPP for the Refuge Complex and authorizes land acquisition from willing sellers within a designated 64,260-acre expansion area.

We, the U.S. Fish and Wildlife Service (Service) announce the availability of our Revised Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Environmental Assessment (EA) for the Tetlin National Wildlife Refuge (Tetlin Refuge). In this revised CCP, we describe how we will manage this refuge for the next 15 years.

The United States Fish and Wildlife Service (Service) has issued an incidental take permit (ITP) to the Salt River Project (SRP) for 16 federally listed and candidate species in Maricopa and Yavapai counties, Arizona. Authorized take will occur as the result of modified operation of Horseshoe Dam and Reservoir (Horseshoe) and Bartlett Dam and Reservoir (Bartlett). The Record of Decision (ROD) became effective on June 13, 2008. It states that the preferred alternative will be implemented and discusses all factors leading to the decision.

The Center of Excellence for Hazardous Materials Management (CEHMM) (Applicant) has applied for an enhancement of survival permit under Section 10(a)(1)(A) of the Endangered Species Act (Act) of 1973, as amended. The permit application includes a draft Candidate Conservation Agreement with Assurances (CCAA) between the U.S. Fish and Wildlife Service (Service) and CEHMM for the lesser prairie-chicken (Tympanuchus pallidicinctus) (LPC) and the dunes sagebrush lizard (Sceloporus arenicolus), commonly known as the sand dune lizard (SDL) throughout their range in New Mexico. The Applicant proposes to implement conservation measures for the LPC and SDL by removing threats to the survival of these species and protecting their habitat. We invite public comment.

We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the wintering population of the piping plover (Charadrius melodus) in North Carolina under the Endangered Species Act of 1973, as amended (Act). In total, approximately 2,043 acres (ac) (827 hectares (ha)), in Dare and Hyde Counties, North Carolina, fall within the boundaries of the revised critical habitat designation.

This notice advises the public that the 4W Ranch, FLP (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit (permit) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). This permit application includes a Candidate Conservation Agreement with Assurances (Agreement) between the Applicant and the Service. The Service requests information, views, and opinions from the public via this notice. Further, the Service is soliciting information regarding the adequacy of the Agreement as measured against the Service's Candidate Conservation Agreement with Assurances policy and the regulations that implement it.

We, the U. S. Fish and Wildlife Service (Service), have received an application from the Otay Water District (Applicant) for a 15-year incidental take permit for two covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of the federally endangered Quino checkerspot butterfly (Euphydryas editha quino) and the federally threatened coastal California gnatcatcher (Polioptila californica californica) associated with the operation and maintenance of the existing recycled water pipeline (the Otay Force Main) and its access road. A conservation program to mitigate for the project activities would be implemented by the Applicant as described in the Otay Water District Low Effect Habitat Conservation Plan for the Quino Checkerspot Butterfly and Coastal California Gnatcatcher (HCP), which would be implemented by the Applicant. We are requesting comments on the HCP and our preliminary determination that the proposed plan qualifies as a ``low-effect'' Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement (EAS) and Low Effect Screening Form (Screening Form), which is also available for public review.

Seabreeze Properties, LLC (Applicant) requests an incidental take permit (ITP) under section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The Applicant anticipates taking Perdido Key beach mice (Peromyscus polionotus trissyllepsis) incidental to developing, constructing, and human occupancy of a condominium complex in Escambia County, Florida (Project). The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the Perdido Key beach mouse.

We, the U.S. Fish and Wildlife Service (Service), announce that the Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Environmental Assessment (EA) are available for Patoka River National Wildlife Refuge. Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.

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

Under the National Environmental Policy Act (NEPA) and its implementing regulations, we, the Fish and Wildlife Service (Service), advise the public that we intend to prepare an environmental impact statement to evaluate the impacts of, and alternatives to, the issuance of an incidental take permit (ITP), under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act), to Comal County, Texas. Comal County proposes to apply for an ITP, through development and implementation of a Regional Habitat Conservation Plan (RHCP), as required by the Act. The RHCP will provide measures to minimize and mitigate for the impacts of the proposed taking of federally listed species (covered species) and the habitats upon which they depend.

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

The following permits were issued.

In accordance with the Marine Mammal Protection Act of 1972 (MMPA) as amended, notice is hereby given that Letters of Authorization to take Pacific walruses and polar bears incidental to oil and gas industry exploration activities in the Chukchi Sea and adjacent western coast of Alaska have been issued.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the least chub (Iotichthys phlegethontis) 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 of the least chub 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 to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial 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 Fish and Wildlife Service, announce our decision and the availability of the Final Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for our Interagency Florida Panther Response Plan. Our EA considers alternatives for managing conflicts between humans and the endangered Florida panther (Puma concolor coryi), in accordance with the National Environmental Policy Act of 1969, as amended.

This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.

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

The U.S. Fish and Wildlife Service announces the comment period for public review of the draft Recovery Plan for the Prairie Species of Western Oregon and Southwestern Washington. The closing date of the public comment period was erroneously omitted from the notice of availability of this draft recovery plan published on September 22, 2008. The listed species addressed in the recovery plan are the Fender's blue butterfly (Icaricia icarioides fenderi), Willamette daisy (Erigeron decumbens var. decumbens), Bradshaw's lomatium (Lomatium bradshawii), Kincaid's lupine (Lupinus sulphureus ssp. kincaidii), Nelson's checker-mallow (Sidalcea nelsoniana), and golden paintbrush (Castilleja levisecta).

We, the U.S. Fish and Wildlife Service, change the regulations governing falconry in the United States. We have reorganized the regulations and added or changed some provisions in them. In particular, we have eliminated the requirement for a Federal permit to practice falconry. The changes will make it easier to understand the requirements for the practice of falconry, including take of raptors from the wild, and the procedures for obtaining a falconry permit. This rule also adds a provision allowing us to approve falconry regulations that Indian Tribes or U.S. territories adopt. State, tribal, or territorial laws and regulations governing falconry must meet the standards in these regulations by January 1, 2014, at which time the Federal permit program will be discontinued.

We, the Fish and Wildlife Service (Service), announce the availability of a draft revised comprehensive conservation plan (Draft CCP) and environmental assessment (EA) for the Koyukuk, Northern Unit Innoko, and Nowitna National Wildlife Refuges (Refuge) is available for public review and comment. In this Draft CCP and EA we describe two alternatives, including our preferred action, to manage the Refuge for the next 15 years. Also available for public review and comment are draft compatibility determinations.

We, the Fish and Wildlife Service (Service), announce the availability of five Incidental Take Permit applications and Habitat Conservation Plans (HCPs) 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 2.04 acres of Mount Hermon June beetle (Polyphylla barbata) occupied habitat, and one HCP also includes the federally endangered Ben Lomond spineflower (Chorizanthe pungens var. hartwegiana) as a covered species. We are requesting comments on the permit applications and on our preliminary determination that the proposed HCPs qualify as ``low effect'' HCPs, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the California, Oregon, and Washington population of the marbled murrelet (Brachyramphus marmoratus) from the Federal List of Endangered and Threatened Wildlife (List) under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial information indicating that the petitioned action may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the marbled murrelet, which will also serve as our 5-year status review for the species. Concurrent with making our 12-month finding on the petition and conducting a 5-year status review, we intend to review the rangewide status of the species, and if necessary, the configuration and status of any distinct population segments. To ensure a comprehensive review, we are soliciting scientific and commercial data and other information on the marbled murrelet relevant to its listing status under the Act. At the conclusion of our status review, we will issue a 12-month finding on the petition.

We, the U.S. Fish and Wildlife Service (Service), initiate 5- year reviews of the piping plover (Atlantic Coast, Great Lakes, and Northern Great Plains populations) under the Endangered Species Act of 1973, as amended (Act). We request any new information on these populations 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 populations are properly classified under the Act.

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

To implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or the Convention), the Parties to the Convention meet periodically to review what species in international trade should be regulated and other aspects of the implementation of CITES. The fifteenth regular meeting of the Conference of the Parties to CITES (CoP15) is tentatively scheduled to be held in late January 2010 in Doha, Qatar. Therefore, with this notice we are soliciting recommendations for amending Appendices I and II of CITES at CoP15 as well as recommendations for resolutions, decisions, and agenda items for discussion at CoP15. We invite you to provide us with information and recommendations on animal and plant species that should be considered as candidates for U.S. proposals to amend CITES Appendices I and II. Such amendments may concern the addition of species to Appendix I or II, the transfer of species from one Appendix to another, or the removal of species from Appendix II. We also invite you to provide us with information and recommendations on possible resolutions, decisions, and agenda items for discussion at the upcoming meeting. Finally, with this notice we also describe the U.S. approach to preparations for CoP15.

We, the U.S. Fish and Wildlife Service, published a document in the Federal Register on August 13, 2008 that revised the regulations governing migratory bird permitting. That document inadvertently used the term ``migratory game birds'' in a way that contradicts the existing definition of that term elsewhere in our regulations. This document corrects the final regulations.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on September 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2008-09 season.

We, the U.S. Fish and Wildlife Service (Service), will host Wind Turbine Guidelines Advisory Committee (Committee) meetings on October 21-23, 2008, and January 27-29, 2009. The meetings are open to the public. The meeting agendas will include reports from the Subcommittees on Existing Guidelines, Incentives, Guiding Principles, Legal, Landscape/Habitat, Science Tools & Procedures, and Other Models/ Uncertainty.

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.

We announce a meeting of the Sporting Conservation Council (Council). The meeting agenda includes outcomes of the October 1-3, 2008, White House Conference on North American Wildlife Policy, at which the culmination of the 10-year Conservation Plan agenda Executive Order (E.O.) 13443 calls for, along with other E.O. issues, will have been covered. This Council 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), intend to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and associated environmental documents for three Wetland Management Districts (WMDs) located in the State of South Dakota. The three WMDs are Huron, Madison and Sand Lake. The Service is furnishing this notice in compliance with Service CCP Policy to advise other agencies and the public of its intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for the California red-legged frog (Rana aurora draytonii), pursuant to the Endangered Species Act of 1973, as amended (Act). The previous final rule designated 450,288 acres (ac) (182,225 hectares (ha)) of critical habitat. We herein propose to revise those critical habitat boundaries to better reflect lands containing essential features for the California red-legged frog, and we now propose to designate approximately 1,804,865 ac (730,402 ha) of critical habitat in 28 California counties, an increase of approximately 1,354,577 ac) (548,177 ha).

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

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service) as the lead agency, together with the U.S. Army Corps of Engineers (Corps) and Bureau of Land Management (BLM) as cooperating agencies, advise the public of the availability of the final Environmental Impact Statement (EIS) on the application from Coyote Springs Investment LLC (CSI) for a Section 10 incidental take permit pursuant to the Endangered Species Act of 1973, as amended (ESA), a section 404 permit under the Clean Water Act, and reconfiguration of CSI private and lease lands in Lincoln County. In addition, the EIS includes the proposed action of BLM issuing a right- of-way within the BLM utility corridor, located west of U.S. Highway 93 in Lincoln County for the construction of detention basins. This notice also announces the availability of the CSI Multiple- Species Habitat Conservation Plan (MSHCP), which CSI has submitted as part of their incidental take permit application, and Implementing Agreement (legal contract for the MSHCP). The permit would authorize the incidental take of specified covered species over 40 years, including some that may become federally-listed during the term of the permit. The permit is needed because take of species could occur during CSI's proposed urban development activities located in a 21,454-acre area in southern Lincoln County, Nevada. In addition, take of species could occur during recreation and resource management activities within the 13,767-acre proposed Coyote Springs Investment Conservation Lands (CSICL) in Clark and Lincoln counties. The CSICL is an area leased by CSI from BLM, which would be managed for the conservation of the desert tortoise (Gopherus agassizii) and other covered species specified in the CSI MSHCP. This notice is provided pursuant to applicable NEPA regulations (40 CFR 1506.6) to inform the public of the proposed action, and to make available for 30 days' review the final EIS, CSI MSHCP, and Implementing Agreement.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Upper Ouachita and Handy Brake National Wildlife Refuges. In the final CCP, we describe how we will manage these refuges for the next 15 years.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Alligator River National Wildlife Refuge is available for distribution. The plan was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years. The compatibility determinations for hunting, fishing, wildlife observation and photography, environmental education and interpretation, and trapping of selected furbearers are also available in the plan.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the Lahontan cutthroat trout (Oncorhynchus clarkii henshawi) from the Federal List of Threatened and Endangered Wildlife (List) under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that removing Lahontan cutthroat trout from the List may be warranted. Therefore, we will not initiate a status review in response to this petition. However, we are currently conducting a 5-year review of this species under section 4(c)(2)(A) of the Act. This review was initiated on February 14, 2007, and will consider information that has become available since the last status review. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the Lahontan cutthroat trout or its habitat at any time.

This notice announces a meeting of the Sporting Conservation Council (Council). The meeting agenda includes policy discussions on implementation of the Executive Order on hunting heritage and wildlife conservation and plans for a 2008 Conference on North American Wildlife Policy 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 (NMFS and USFWS) have determined that naturally spawned and conservation hatchery populations of Atlantic salmon within the range of the Gulf of Maine (GOM) distinct population segment (DPS), including those that were already listed in November 2000, constitute a new GOM DPS and hence a ``species'' for listing as endangered or threatened consideration under the Endangered Species Act (ESA). This also constitutes a 12-month finding on a petition to list Atlantic salmon in the Kennebec River as endangered. We will propose to designate critical habitat for the GOM DPS in a subsequent Federal Register notice.

The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2008-09 late-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2008-09 season.

The following permit was issued.

We, the U.S. Fish and Wildlife Service (Service) announce that our Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the twelve National Wildlife Refuges (Refuges) are available. The twelve Refuges are combined and evaluated as one group and program under the CCP. The twelve Refuges include Audubon, Chase Lake, Kellys Slough, Lake Alice, Lake Ilo, Lake Nettie, Lake Zahl, McLean, Shell Lake, Stump Lake, Stewart Lake, and White Lake all located throughout the State of North Dakota. This Draft CCP/EA describes how the Service intends to manage these Refuges for the next 15 years.

We, the Fish and Wildlife Service (Service), have received an application from the Alaska Department of Transportation and Public Facilities and the Aleutians East Borough for authorization to take small numbers of marine mammals by harassment incidental to the Akutan Airport, AlaskaAirport Construction and Hovercraft Operation in Akutan and Unalaska, Alaska. In accordance with provisions of the Marine Mammal Protection Act of 1972 (MMPA), as amended, we request comments on our proposed authorization for the applicant to incidentally take, by harassment, small numbers of northern sea otters (Enhydra lutris kenyoni) for a period of 1 year beginning in the first quarter of 2009. We anticipate no take by injury or death and include none in this proposed authorization, which would be for take by harassment only.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period and the scheduling of public hearings on our October 10, 2007, proposed revision to critical habitat for the Peninsular bighorn sheep (Ovis canadensis nelsoni) under the Endangered Species Act of 1973, as amended (Act). In this document, we propose to add approximately 36,240 acres (ac) (14,667 hectares (ha)) to our proposed revision of critical habitat. We also announce the availability of the draft economic analysis (DEA) of the proposed revision to critical habitat and amended required determinations. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revisions to critical habitat, the associated DEA, and the amended required determinations section. Please do not resend comments that you submitted on the October 10, 2007, proposed rule. We considered those comments in our revisions to the proposed critical habitat that are set forth in this supplemental proposed rule. Comments previously submitted are included in the public record for this rulemaking.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Acanthomintha ilicifolia (San Diego thornmint) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 671 acres (ac) (272 hectares (ha)) of land in San Diego County, California, fall within the boundaries of the critical habitat designation.

We, the U.S. Fish and Wildlife Service, propose changes in the regulations governing control of depredating or introduced migratory birds. The purple swamphen (Porphyrio porphyrio) is not native to any State, and competes with native species. However, we have proposed to add it to the list of species protected under our Migratory Bird Treaty Act obligations because it does occur naturally in American Samoa. We propose to amend 50 CFR part 21 to allow removal of purple swamphens in the contiguous United States, Hawaii, Alaska, Puerto Rico, and the U.S. Virgin Islands.