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

We, the U.S. Fish and Wildlife Service (Service) announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Lake Woodruff National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe alternatives, including our proposed action to manage this refuge for the 15 years following approval of the Final CCP. Also available for review and comment are draft compatibility determinations.

We, the U.S. Fish and Wildlife Service (Service), initiate 5- year reviews of three endangered species (least terninterior population, Illinois cave amphipod, and Minnesota dwarf trout lily) and four threatened species (Lake Erie water snake, Lakeside daisy, Leedy's roseroot and northern wild monkshood) 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. 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 announce our receipt of an application to conduct certain activities pertaining to enhancement of survival of endangered species.

We, the Fish and Wildlife Service, announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Pee Dee National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the Final CCP. The primary purpose of this 8,443-acre refuge is to protect migratory birds. Major habitats include bottomland hardwoods, upland pine forests, mixed pine-hardwoods, croplands, grasslands/old fields, managed wetlands, and open water. The refuge also has 1,306 acres in a conservation easement. Significant issues identified by the public, intergovernmental partners, and the Service include: Need for comprehensive wildlife and habitat management; lack of baseline data; threats to threatened, endangered, and imperiled species; impacts of increasing human population; need for increased partnerships and interagency coordination; spread of exotic species; impacts to water quantity and quality; need for improved environmental education and interpretation; need for a cultural resource management plan; and the need for maintaining quality hunting, fishing, and other wildlife-dependent public use activities.

In accordance with the Marine Mammal Protection Act (MMPA), the Fish and Wildlife Service (Service) has developed a draft revised marine mammal stock assessment report for the northern sea otter (Enhydra lutris kenyoni) stock in Washington State, which is available for public review and comment.

This proposed rule would establish regulations for fishing seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2009-2010 and 2010-2011 regulatory years. These regulations have been subject to an annual public review cycle, but starting in 2008 the Federal Subsistence Management Program will provide a public review process for subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfishing regulations in odd-numbered years. The Program will also address customary and traditional use determinations during the applicable biennial cycle. This cycle adjustment does not affect the public's ability to submit special action requests or requests for reconsideration, as outlined in the regulations. When final, the resulting rulemaking would replace the subsistence fish and shellfish taking regulations that will expire on March 31, 2009. This rule would also amend the customary and traditional use determinations of the Federal Subsistence Board and the general regulations on taking of fish and shellfish.

We, the Fish and Wildlife Service, announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Grand Bay National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the Final CCP.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our June 19, 2007, proposed revision to critical habitat for the San Bernardino kangaroo rat (Dipodomys merriami parvus) under the Endangered Species Act of 1973, as amended (Act). In this document, we also propose to: Increase the size of proposed critical habitat Unit 1 (Santa Ana River Wash), and add two new proposed units: Unit 4 (Cable Creek Wash) and Unit 5 (Bautista Creek). In total, we are adding approximately 1,579 acres (ac) (638 hectares (ha)), which are currently designated as critical habitat for this subspecies, to our proposed revision to critical habitat. We also announce the availability of the draft economic analysis (DEA) of the proposed revision of critical habitat and an amended required determinations section of the proposal. The DEA estimates potential costs attributed to the revised critical habitat designation (incremental costs) to be approximately $71.2 million in present value terms using a 3 percent discount rate over a 23-year period in areas proposed as critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the original proposed revision of critical habitat, the additions to revised critical habitat proposed in this document, 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.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation), the Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) intend to serve as co-lead agencies in the preparation of a joint EIS/EIR for the Bay Delta Conservation Plan (BDCP). The California Department of Water Resources (DWR) will serve as the lead agency under the California Environmental Quality Act (CEQA). Reclamation will serve as the administrative lead for all actions related to this Federal Register Notice. The BDCP is a conservation plan being prepared to meet the requirements of the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), and the State of California's Natural Communities Conservation Planning Act (NCCPA). DWR and State and Federal water contractors intend to apply for FESA and CESA incidental take permits (ITP) for water operations and management activities in the Sacramento-San Joaquin Delta. These incidental take authorizations would allow the incidental take of threatened and endangered species resulting from covered activities and conservation measures that will be identified through the planning process including those associated with water operations of the Federal Central Valley Project (CVP), as operated by Reclamation, the California State Water Project (SWP), as operated by DWR, as well as operations of certain Mirant Delta LLC (Mirant Delta) power plants. Additionally, the BDCP will, if feasible, be used as the basis for FESA compliance by Reclamation, including compliance with Section 7 of FESA in coordination with FWS and NMFS. Ultimately, the BDCP is intended to secure authorizations that would allow projects that restore and protect water supply and reliability, water quality, and ecosystem health to proceed within a stable regulatory framework. On January 24, 2008, FWS and NMFS issued a NOI to conduct public scoping and prepare an EIR/EIS regarding the BDCP for the Sacramento- San Joaquin Delta, California (73 FR 4178). As the BDCP effort has progressed, Reclamation has determined it has a substantive interest in the development and ultimate implementation of the BDCP. Specifically, Reclamation seeks to improve water supply reliability for its Federal water contractors, while meeting its FESA obligations. Environmental constraints, including measures to protect endangered species in the Sacramento-San Joaquin Delta, impair that water supply reliability. The BDCP will recommend actions and conservation measures for implementation to improve both environmental conditions in the Delta and water supply reliability. Reclamation expects the recommended actions and conservation measures to include activities that are within Reclamation's responsibilities. The NOI is, therefore, being reissued to include Reclamation as a co-lead agency, update the status of the BDCP planning process, correct an error in the January 24, 2008, NOI, and to provide notice of scoping meetings. As the Federal lead agencies continue to refine the purpose and need for the project, additional public notices regarding scoping will be issued and additional scoping meetings will be held.

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 Bay checkerspot butterfly (Euphydryas editha bayensis) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis (DEA) of the proposed revised critical habitat designation 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 rule, the associated DEA, and the amended required determinations section. You do not have to resend comments sent earlier. We will incorporate them into the public record as part of this comment period, and we will fully consider them when preparing our final determination.

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

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. This ICR revises OMB Control No. 1018-0123 to include our new Wildlife Without Borders Africa Grant Program. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. 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.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Post-delisting Monitoring Plan for the Western Great Lakes Distinct Population Segment of the Gray Wolf (Canis lupus) (Monitoring Plan). The status of the Distinct Population Segment (DPS) will be monitored over a 5-year period from 2007 through 2012, through annual evaluation of information collected by three states, other partners, and the Service.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for the Willapa National Wildlife Refuge (Refuge) located in Pacific County, Washington. An environmental impact statement (EIS) evaluating effects of various CCP alternatives will also be prepared. We provide this notice in compliance with our CCP policy to advise other government agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning and environmental review process. We are also requesting public comments. See DATES and ADDRESSES for details.

We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species.

The following permits were denied.

The following permits were issued.

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), intend to prepare a comprehensive conservation plan (CCP) and an associated National Environmental Policy Act (NEPA) document for Nantucket 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 environmental assessment (EA) for Pine Island, Caloosahatchee, Matlacha Pass, and Island Bay National Wildlife Refuges. These refuges are located within the J.N. ``Ding'' Darling National Wildlife Refuge Complex. 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.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and associated National Environmental Policy Act (NEPA) documents for J.N. ``Ding'' Darling National Wildlife Refuge. We provide this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. We reopen the comment period, which originally ended on August 13, 2007, as announced in the Federal Register on June 27, 2007 (72 FR 35254). If you have already submitted comments, you are not required to resubmit them.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for Helianthus paradoxus (Pecos Sunflower) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,305 acres (ac) (528) hectares (ha)) in Chaves, Cibola, and Guadalupe counties, New Mexico, and in Pecos County, Texas, fall within the boundaries of the final critical habitat designation.

Pursuant to the National Environmental Policy Act (NEPA), we, the Fish and Wildlife Service (Service), advise the public of our intent to gather information necessary to prepare an Environmental Impact Statement (EIS) on the Tehachapi Uplands Multi-species Habitat Conservation Plan (MSHCP). Tejon Ranch is preparing the MSHCP to apply for a 50-year incidental take permit under section 10(a)(1)(B) of the Federal Endangered Species Act of 1973, as amended, (Act). The permit is needed to authorize the incidental take of threatened and endangered species that could occur as a result of activities covered by the plan. The Service provides this notice to (1) describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIS. A similar Notice of Intent was published on June 25, 2004 (69 FR 35663) when this project was called the Tejon Condor Habitat Conservation Plan. Because the project has been broadened to include additional species, this second Notice of Intent is being published to gather additional information.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Wapack National Wildlife Refuge (NWR), and request public review and comment on its proposals. We prepared the Draft CCP/EA in compliance with the National Environmental Policy Act of 1969 and the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Upper Ouachita and Handy Brake National Wildlife Refuges and the Louisiana Wetlands Management District in Morehouse, Union, Richland, East Carroll, West Carroll, Natchitoches, and Grant Parishes, Louisiana, is available for distribution. This Draft CCP/EA was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. The Draft CCP/EA describes the Service's proposal for management of these refuges and the wetlands management district over the next 15 years.

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.

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.