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

In accordance with the Marine Mammal Protection Act (MMPA), the Fish and Wildlife Service (Service) has developed draft revised marine mammal stock assessment reports for the three stocks of northern sea otters (Enhydra lutris kenyoni) in Alaska, which are available for public review and comment.

We, the U.S. Fish and Wildlife Service (Service), announce our 12-month finding on a petition to list the Gunnison's prairie dog (Cynomys gunnisoni) as an endangered or threatened species 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 species is not threatened or endangered throughout all of its range, but that the portion of the current range of the species located in central and south-central Colorado and north-central New Mexico (the northeastern portion of the range) represents a significant portion of the range where the Gunnison's prairie dog is warranted for listing under the Act. Currently, listing is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. We have assigned a listing priority number (LPN) of 2 to this species, because threats have a high magnitude, and are imminent. We will develop a proposed rule to list the Gunnison's prairie dog in the northeastern (montane) portion of its range as our priorities allow.

We, the U.S. Fish and Wildlife Service (Service or We), are reviewing available biological and economic information on constrictor snakes in the Python, Boa and Eunectes genera for possible addition to the list of injurious wildlife under the Lacey Act. The importation and introduction of constrictor snakes into the natural ecosystems of the United States may pose a threat to the interests of agriculture, horticulture, forestry; to the health and welfare of human beings; and to the welfare and survival of wildlife and wildlife resources in the United States. An injurious wildlife listing would prohibit the importation into, or transportation between, States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States by any means, without a permit. Permits may be issued for scientific, medical, educational, or zoological purposes. This document seeks comments from the public to aid in determining if a proposed rule is warranted.

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), are revising the critical habitat designation for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 10,003 acres (ac) (4,050 hectares (ha)) fall within the boundaries of the final revised critical habitat designation. The revised critical habitat is located in Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, and Los Angeles Counties, California.

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.

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), will conduct a workshop on February 26-27, 2008, to provide background information on issues related to land-based wind energy facilities and their potential impact to wildlife and wildlife habitat. We will also host the first meeting of the Wind Turbine Guidelines Advisory Committee (Committee), on February 28, 2008. Both the workshop and the meeting are open to the public.

Notice is hereby given that Michael Etnier, Ph.D., Box 353100, University of Washington, Seattle, WA 98227, has applied in due form for a permit to import, export, and possess marine mammal specimens for the purposes of scientific research.

We, the Fish and Wildlife Service, announce that the Draft Environmental Impact Statement (DEIS) for a Proposed Land Exchange in the Yukon Flats National Wildlife Refuge, Alaska, is available for public comment. We prepared this DEIS pursuant to the National Environmental Policy Act of 1969 (NEPA) and its implementing regulations. The Service is furnishing this notice to advise the public and other agencies of the availability of the DEIS and to solicit comments. We have amended our original schedule to provide 60 days for public comment, rather than the minimum 45 days required by regulation. This extension provides the latest date we can accept public comment and still meet our obligation to complete the EIS within the fiscal year. We believe that 60 days is adequate to meet the needs for public review. Public hearings will be held in February and March in the cities of Anchorage and Fairbanks, and the communities of Arctic Village, Beaver, Birch Creek, Central, Chalkyitsik, Circle, Fort Yukon, Stevens Village, and Venetie. In conjunction with the public hearings, we will hold subsistence hearings under Section 810 of the Alaska National Interest Lands Conservation Act (ANILCA) in the affected communities. The schedule for the hearings will be highly dependent on local weather conditions and other community activities and commitments. Dates, times, and locations will be announced locally at least two weeks prior to each hearing.

The Michigan Department of Natural Resources (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 20-year incidental take permit (ITP) for the federally endangered Karner blue butterfly (Lycaeides melissa samuelis) (KBB) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The ITP would allow the Applicant to engage in habitat management, right-of-way maintenance, and certain development activities in occupied KBB habitat on non-Federal land in Michigan. The permit application includes a draft Habitat Conservation Plan (HCP) and draft Environmental Assessment (EA) that describes the proposed action and measures the Applicant will undertake to minimize and mitigate take of KBB. Section 9 of the Act and its implementing regulations prohibit the take of animal species listed as endangered or threatened. The definition of take under the Act includes the following activities: to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). Section 10 of the Act, 16 U.S.C. 1539, establishes a program whereby persons seeking to pursue activities that otherwise could give rise to liability for unlawful ``take'' of federally protected species may receive an ITP, which protects them from such liability. To obtain an ITP, an applicant must submit a HCP containing appropriate minimization and mitigation measures and ensure that the taking is incidental to, and not the purpose of, an otherwise lawful activity (16 U.S.C. 1539(a)(1)(B) and 1539(a)(2)(A). Once we have determined the applicant has satisfied these and other statutory criteria, we may issue the ITP. This notice, provided pursuant to section 10(a)(1)(B) of the Endangered Species Act, as amended, advises the public and other agencies of the availability of the draft HCP and draft EA for review and comment.

Pursuant to the National Environmental Policy Act (NEPA), and the California Environmental Policy Act (CEQA) we, NMFS and FWS (Services), advise the public of our intent to collaborate with the State of California in gathering information necessary to prepare a joint Environmental Impact Report/Environmental Impact Statement (EIR/ EIS) on the anticipated Bay Delta Conservation Plan (BDCP). The BDCP is being prepared through a unique collaboration of state, Federal and local agencies, of the Federal Endangered Species Act of 1973, as amended (Act). The California Department of Water Resources (DWR) intends to apply for Incidental Take Permits (ITP) from the Services based upon the BDCP in 2009 according to the planning schedule. At the same time, the Services would provide Biological Opinions and Incidental Take Statements (ITS) to the Bureau of Reclamation (Reclamation) for their participation and implementation of the BDCP. A goal of the BDCP is to meet the requirements of the California Natural Community Conservation Planning Act (NCCPA), California Fish and Game (CDFG), and provide the basis for DWR to apply for an ITP pursuant to CDFG Code. However, in the event that the BDCP does not meet the requirements of the NCCPA, DWR may alternatively seek an ITP under Section 2081 of the California Endangered Species Act, California Fish and Game Code 2050 et seq. These incidental take authorizations would allow the incidental take of threatened and endangered species resulting from certain covered activities that will be identified through the planning process, including those associated with water operations of the California State Water Project, as operated by DWR, and the Central Valley Project, as operated by Reclamation.

We, the U.S. Fish and Wildlife Service (Service), in coordination with the California Department of Fish and Game (CDFG), are preparing a joint environmental impact report/environmental impact statement (EIR/EIS) for the Sears Point Wetland and Watershed Restoration Project (Project), located in Sonoma County, California. At this early stage in the planning process, the purpose of the Project is to restore natural estuarine ecosystems on diked baylands, while providing public access and recreational and educational opportunities compatible with ecological and cultural resources protection. This scoping notice advises the public that we intend to gather information necessary to prepare an EIS pursuant to the National Environmental Policy Act (NEPA). We encourage the public and other agencies to participate in the NEPA scoping process by sending written suggestions and information on the issues and concerns that should be addressed in the draft EIR/EIS, including the range of suitable alternatives, appropriate mitigation measures, and the nature and extent of potential environmental impacts. Throughout the EIR/EIS process, we will announce additional opportunities for public input.

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.

We, the Fish and Wildlife Service (Service), announce the availability of an Incidental Take Permit (ITP) Application and Habitat Conservation Plan (HCP). Ladd Development Inc. (applicant) requests an ITP for a 5-year duration under the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 5.75 acres of Florida scrub-jay (Alphelocoma coerulescens)-occupied habitat incidental to construction of an industrial center in Lake County, Florida (project). The applicant's HCP describes the mitigation and minimization measures the applicant proposes to address the effects of the project to the scrub-jay.

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

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). Primary objectives of the meeting will include discussion of the following topics: Trinity River Restoration Program (TRRP) FY 2009 budget, and election of TAMWG officers. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public.

This notice announces a public teleconference of the Sporting Conservation Council (Council).

We, the U.S. Fish and Wildlife Service (Service), have received applications for enhancement of survival permits pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA), from Cocos Island Resort and the Guam Department of Agriculture (Applicants). The permit applications include a proposed Safe Harbor Agreement (SHA) among the Applicants and the Service. Implementation of the proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or the creation of activities to enhance the habitat and recovery of the Guam rail (Gallirallus owstonii) (``Covered Species'') on 83.1 acres of non-Federal lands on Cocos Island, Guam. The proposed duration of both the SHA and permits is 10 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement which also is available for public review.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition To list the pygmy rabbit (Brachylagus idahoensis) 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 pygmy rabbit may be warranted. Therefore, with the publication of this notice, we are initiating a status review to determine if listing the species 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, which was also requested in the petition, if and when we initiate a listing action.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for Catahoula National Wildlife Refuge is available for distribution. The CCP 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, wildlife photography, environmental education and interpretation, all-terrain vehicle use, cooperative farming, and resource research studies, are also available within the plan.