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

We, the U.S. Fish and Wildlife Service (Service), announce 5- year reviews of 28 southwestern species listed under the Endangered Species Act of 1973 (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

The following applicant has applied for a permit to conduct certain activities with endangered species.

The U.S. Fish and Wildlife Service (Service) is adopting the Department of Energy (DOE), Western Area Power Administration (WAPA) Final Environmental Impact Statement (EIS) on the White Wind Farm in Brookings County, South Dakota, in support of a right-of-way application submitted by White Wind Farm, LLC.

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

This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2008-09 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. This rulemaking replaces the fish and shellfish taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart D2007-08 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on March 31, 2008.

We, the U.S. Fish and Wildlife Service (Service), find that the proposed revision of critical habitat for the marbled murrelet (Brachyramphus marmoratus) pursuant to the Endangered Species Act of 1973, as amended, (Act), should not be made. On September 12, 2006, (71 FR 53840), we proposed to revise the May 24, 1996, designation of critical habitat for the marbled murrelet in Washington, Oregon, and California (61 FR 26256). Under the proposed revision, 3,590,642 acres (ac) (1,363,300 hectares (ha)) were proposed as critical habitat, with 3,368,950 ac (1,363,300 ha) of these lands proposed for exclusion under section 4(b)(2) of the Act. Due to uncertainties regarding Bureau of Land Management (BLM) revisions to its District Resource Management Plans in western Oregon, we have determined that it is not appropriate to revise the designation of critical habitat for the marbled murrelet at this time, as discussed below. Therefore, in accordance with the provisions of section 4(b)(6)(A)(i)(II) of the Act, we find that the proposed revision of critical habitat for the marbled murrelet should not be made. Accordingly, the May 24, 1996, final rule designating critical habitat for the marbled murrelet remains in effect (61 FR 26256).

We, the U.S. Fish and Wildlife Service (Service), give notice of our intent to adopt the National Park Service's existing environmental impact statement/environmental impact report (EIS/EIR) for the Giacomini Wetland Restoration Project in Marin County, California (Project). We are considering a decision to approve a National Coastal Wetlands Conservation Program grant for the California State Coastal Conservancy (SCC) to assist SCC in implementing the Project. The grant would help SCC restore and conserve a 556-acre coastal wetland ecosystem at the head of Tomales Bay. We propose to adopt the existing EIS/EIR, which evaluates the environmental effects of implementing field and construction activities related to restoring tidal and freshwater marsh habitat on the former dairy farm.

We, the U.S. Fish and Wildlife Service, initiate 5-year reviews for 58 species 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 (see Table 1 below). 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 also indicate in this notice the 5-year reviews we completed for species in California, Nevada and southern Oregon in FY 2007 and early FY 2008.

The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI), as the natural resource trustee, announces the release for public review of the Draft Natural Resource Damage Restoration Plan and Environmental Action Statement (RP/EAS) for the Lakepoint Wetlands Site in Tooele County, Utah. The Draft RP/EAS presents a preferred alternative that compensates for impacts to natural resources caused by the release of hazardous substances from the Kennecott Utah Copper Corporation (KUCC) North Zone Wetlands National Priorities List Superfund Site.

We, the U.S. Fish and Wildlife Service (Service) intend to prepare a Comprehensive Conservation Plan (CCP) for the William L. Finley, Baskett Slough, and Ankeny National Wildlife Refuges (Refuges). We will also prepare an environmental assessment (EA) evaluating effects of various CCP alternatives. The Refuges are located in the Willamette Valley, within Benton, Linn, Marion, and Polk Counties, Oregon. We are furnishing this notice to advise other government agencies, Tribes, and the public of our intentions, and to obtain public comments, suggestions, and information on the scope of issues to be considered during the planning process.

We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for the contiguous United States distinct population segment of the Canada lynx (Lynx canadensis) (lynx) under the Endangered Species Act of 1973, as amended (Act). In the contiguous United States, the lynx generally inhabits cold, moist boreal forests. Approximately 42,753 square miles (mi\2\) (110,727 square kilometers (km\2\)) fall within the boundaries of the proposed revised critical habitat designation. The proposed revised designation would add an additional 40,913 mi\2\ (105,959 km\2\) to the existing critical habitat designation of 1,841 mi\2\ (4,768 km\2\). The proposed revised critical habitat is located in Boundary County, Idaho; Aroostook, Franklin, Penobscot, Piscataquis, and Somerset Counties in Maine; Cook, Koochiching, Lake, and St. Louis Counties in Minnesota; Flathead, Glacier, Granite, Lake, Lewis and Clark, Lincoln, Missoula, Pondera, Powell, Teton, Gallatin, Park, Sweetgrass, Stillwater, and Carbon Counties in Montana; Chelan and Okanogan Counties in Washington; and Park, Teton, Fremont, Sublette, and Lincoln Counties in Wyoming.

The U.S. Fish and Wildlife Service (Service, we or us), hereby establishes a distinct population segment (DPS) of the gray wolf (Canis lupus) in the Northern Rocky Mountains (NRM) of the United States (U.S.) and removes this DPS from the List of Endangered and Threatened Wildlife. The NRM gray wolf DPS encompasses the eastern one-third of Washington and Oregon, a small part of north-central Utah, and all of Montana, Idaho, and Wyoming. Based on the best scientific and commercial data available, the NRM DPS is no longer an endangered or threatened species pursuant to the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The NRM DPS has exceeded its biological recovery goals, and all threats in the foreseeable future have been sufficiently reduced or eliminated. The States of Idaho (2002) and Montana (2003) adopted State laws and management plans that meet the requirements of the Act and will conserve a recovered wolf population into the foreseeable future. In 2007, following a change in State law, Wyoming drafted and approved a revised wolf management plan (Wyoming 2007). We have determined that this plan meets the requirements of the Act as providing adequate regulatory protections to conserve Wyoming's portion of a recovered wolf population into the foreseeable future. Our determination is conditional upon the 2007 Wyoming wolf management law (W.S. 11-6-302 et seq. and 23-1-101, et seq. in House Bill 0213) being fully in effect and the wolf management plan being legally authorized by Wyoming statutes. If the law is not in effect (discussed in more detail below) within 20 days from the date of this publication, we will withdraw this final rule and replace it with an alternate final rule that removes the Act's protections throughout all of the DPS, except the significant portion of the gray wolf's range in northwestern Wyoming outside the National Parks.

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

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and an associated National Environmental Policy Act (NEPA) document for Erie National Wildlife Refuge (NWR). We provide this notice in compliance with our planning 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. We are also requesting public comments.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and an associated National Environmental Policy Act (NEPA) document for Iroquois National Wildlife Refuge (NWR). We provide this notice in compliance with our planning 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. We are also requesting public comments.

This notice advises the public and other interested parties that the comment period for the Draft Environmental Impact Statement (DEIS), Habitat Conservation Plan (HCP), Incidental Take Permit (ITP) application, and Implementing Agreement (IA) regarding the Oregon Parks and Recreation Department's (OPRD) HCP for the western snowy plover is reopened for fifteen days. The original notice contains additional information and was published in the Federal Register on November 5, 2007 (72 FR 62485). The OPRD has submitted an application to the U.S. Fish and Wildlife Service (Service) for an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). As required by section 10(a)(2)(B) of the ESA, the OPRD has also prepared an HCP that describes the proposed actions and measures the applicant will implement to minimize and mitigate take of the threatened western snowy plover (Charadrius alexandrinus nivosus). The permit application is related to public use, recreation, beach management, and resource management activities along Oregon's coastal shores. The Service generally allows 45 days for public comment on a DEIS which evaluates the impacts of a proposed HCP and associated ITP on the human environment. The original comment period on the DEIS was from November 5, 2007, to January 4, 2008, and extended over several Federal holidays so the Service provided a 60-day comment period. However, during that period, the Pacific Northwest coast experienced extreme weather with coastal wind damage and flooding, potentially affecting the ability of interested parties to obtain necessary documents for review. Since the area damaged by severe weather encompassed the area potentially affected by the proposed HCP, we are reopening the public comment period for 15 days following publication of this notice. Comments received will become part of the public record and will be available for review pursuant to section 10(c) of the ESA. For locations to review the documents, please see the SUPPLEMENTARY INFORMATION section below.

This notice advises the public that Pacific Gas and Electric Company (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the Applicant and the Service for the federally- threatened bay checkerspot butterfly (Euphydryas editha bayensis), the federally-endangered Metcalf Canyon jewelflower (Streptanthus albidus albidus), and the federally-threatened Santa Clara Valley dudleya (Dudleya setchellii). The Agreement is available for public comment.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed rule and draft environmental assessment regarding our proposal to establish a nonessential experimental population of Rio Grande silvery minnow (Hybognathus amarus), a Federally listed endangered fish, into its historic habitat in the Big Bend reach of the Rio Grande in Presidio, Brewster, and Terrell counties, Texas. Comments previously submitted on the proposed rule or draft EA need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule and final environmental assessment.

We, the U.S. Fish and Wildlife Service (FWS), announce the FY 2008 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.

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), propose to remove the brown pelican (Pelecanus occidentalis) from the Federal List of Endangered and Threatened Wildlife (List) due to recovery. This action is based on a review of the best available scientific and commercial data, which indicates that the species is no longer in danger of extinction, or likely to become so within the foreseeable future. If this proposal is finalized, the brown pelican will remain protected under the provisions of the Migratory Bird Treaty Act. This document also constitutes our 12-month finding on a petition to delist the brown pelican subspecies that occurs along the Pacific Coast of California and Mexico, including the Gulf of California, and a petition to delist the Louisiana population of the brown pelican.

We, the U.S. Fish and Wildlife Service (Service), propose to list Phyllostegia hispida (no common name), a plant species from the island of Molokai in the Hawaiian Islands, as endangered under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would extend the Act's protections to this species. We have determined that critical habitat for Phyllostegia hispida is prudent but not determinable at this time.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Waccamaw National Wildlife Refuge in Georgetown, Horry, and Marion Counties, South Carolina, is available for distribution. This Draft CCP/EA was prepared pursuant to the National Wildlife Refuge System Administration Act of 1997, and the National Environmental Policy Act of 1969, and describes the Service's proposal for management of this refuge over the next 15 years.

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

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, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for the Devils River minnow (Dionda diaboli) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed critical habitat designation and an amended required determinations section of the proposal. We are also providing notice of a public hearing on the proposal. The DEA estimates baseline costs associated with conservation activities for the Devils River minnow to be approximately $507,000 in undiscounted dollars over a 20-year period in areas we proposed as critical habitat. Incremental impacts are estimated to be $57,100 (undiscounted dollars) over a 20-year period. 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. 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.