Fish and Wildlife Service 2008 – Federal Register Recent Federal Regulation Documents
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Subsistence Management Regulations for Public Lands in Alaska-2008-09 and 2009-10 Subsistence Taking of Wildlife Regulations
This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2008-09 and 2009-10 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 shellfish 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. This rulemaking replaces the subpart D subsistence taking of wildlife taking regulations which expire June 30, 2008. This rule also amends the customary and traditional use determinations of the Federal Subsistence Board.
Lake Wales Ridge National Wildlife Refuge, Polk and Highlands Counties, FL
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 Lake Wales Ridge 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.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Long-Tailed Duck (Clangula hyemalis) as Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the long-tailed duck (Clangula hyemalis) as endangered 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 listing the species may be warranted. Therefore, we will not initiate a further status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of the long-tailed duck or threats to it or its habitat at any time. This information will help us monitor and encourage the conservation of the species.
Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations for the 2008-09 Hunting Season; Notice of Meetings
We, the U.S. Fish and Wildlife Service (Service), proposed in an earlier document to establish annual hunting regulations for certain migratory game birds for the 2008-09 hunting season. This supplement to the proposed rule provides the regulatory schedule, announces the Service Migratory Bird Regulations Committee and Flyway Council meetings, provides Flyway Council recommendations resulting from their March meetings, and provides regulatory alternatives for the 2008-09 duck hunting seasons.
Endangered and Threatened Species Permit Applications
The following applicants have applied for permits to conduct certain activities with endangered species.
Notice of Availability of a Technical Agency Draft Recovery Plan for the Puerto Rican Parrot for Review and Comment
We, the Fish and Wildlife Service, announce the availability of the technical agency draft revised recovery plan for the Puerto Rican Parrot (Amazona vittata). The technical agency draft revised recovery plan includes specific recovery objectives and criteria to be met in order to reclassify this species to threatened status and delist it under the Endangered Species Act of 1973, as amended (Act). We solicit review and comment on this technical agency draft recovery plan from local, state, and Federal agencies, and the public.
Endangered Wildlife and Plants; Permits
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.
Pathfinder National Wildlife Refuge, Wyoming
We, the U.S. Fish and Wildlife Service (Service) announce that the draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Pathfinder National Wildlife Refuge is available. This draft CCP/EA describes how the Service intends to manage the refuge for the next 15 years. We request public comment.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Endangered and Threatened Wildlife and Plants; Petition To Reclassify the Argentine Population of the Broad-Snouted Caiman From Endangered to Threatened
We, the U.S. Fish and Wildlife Service (Service), announce our 90-day finding on a petition to reclassify the Argentine population of the broad-snouted caiman (Caiman latirostris) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific and commercial information indicating that the petitioned action of reclassifying the broad-snouted caiman in Argentina from endangered to threatened status under the Act may be warranted. Therefore, we are initiating a status review of the broad-snouted caiman to determine if reclassification of the population in Argentina, as petitioned, is warranted under the Act. To ensure that the status review is comprehensive, we are requesting submission of any new information on the broad-snouted caiman since its original listing as an endangered species in 1976. At the conclusion of our status review, we will make the requisite recommendation under section 4(c)(2)(B) of the Act and issue a 12-month finding on the petition, as provided in section 4(b)(3)(B) of the Act.
Sabine National Wildlife Refuge
The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for Sabine National Wildlife Refuge and the East Cove Unit of Cameron Prairie National Wildlife Refuge is available for distribution. This 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 and the East Cove Unit of Cameron Prairie National Wildlife Refuge will be managed for the next 15 years.
Shell Keys National Wildlife Refuge, Iberia Parish, LA
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 Shell Keys National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe the alternatives, including our proposed action, to manage this refuge for the 15 years following approval of the Final CCP.
Wolf Island National Wildlife Refuge, McIntosh County, GA
We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Wolf Island 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.
Construction of Two Single-Family Homes in Volusia County, FL
We, the Fish and Wildlife Service (Service), announce the availability of two Incidental Take Permit (ITP) Applications and Habitat Conservation Plans (HCPs). Today Homes Development, Inc. (applicant) requests two ITPs for a 1-year duration under the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 0.38 acre of Florida scrub-jay (Alphelocoma coerulescens)-occupied habitat incidental to construction of two single family homes in Volusia County, Florida (projects). The applicant's HCPs describe the mitigation and minimization measures the applicant proposes to address the effects of the projects to the scrub- jay.
Marine Mammals; Incidental Take During Specified Activities
The Fish and Wildlife Service (Service or we) has developed regulations that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses (Odobenus rosmarus divergens) and polar bears (Ursus maritimus) during oil and gas industry (Industry) exploration activities in the Chukchi Sea and adjacent western coast of Alaska. This rule will be effective for 5 years from date of issuance. We find that the total expected takings of Pacific walruses (walruses) and polar bears during Industry exploration activities will impact small numbers of animals, will have a negligible impact on these species, and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. The regulations include: permissible methods of nonlethal taking; measures to ensure that Industry activities will have the least practicable adverse impact on the species and their habitat, and on the availability of these species for subsistence uses; and requirements for monitoring and reporting. The Service will issue Letters of Authorization (LOAs) to conduct activities under the provisions of these regulations.
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations (Additions)
The Fish and Wildlife Service proposes to add one refuge to the list of areas open for hunting and/or sport fishing programs and increase the activities available at six other refuges for the 2008- 2009 season.
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations
The Fish and Wildlife Service adds one refuge to the list of areas open for sport fishing. We also amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2008-2009 season.
Habitat Conservation Plan for South Sacramento, Sacramento County, CA
Pursuant to the National Environmental Policy Act (NEPA) we, the Fish and Wildlife Service (Service), advise the public that we intend to gather information necessary to prepare, in coordination with the County of Sacramento (the County), a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR). The EIS/EIR will analyze the environmental effects of the Service's proposed issuance of an incidental take permit under section 10(a)(1)(B) of the Federal Endangered Species Act of 1973 as amended (ESA), for a habitat conservation plan (HCP) within a portion of south Sacramento County, California. The County, along with their local partners (the cities of Elk Grove, Rancho Cordova, Galt, the Sacramento Regional County Sanitation District, and the Sacramento County Water Agency), is facilitating the preparation of the South Sacramento HCP (SSHCP) in compliance with section 10(a)(2) of the ESA. The County and their local partners intend to apply to the Service for a 30-year permit that would authorized the incidental take of 40 species due to ground-disturbing private activities implemented under the SSHCP. The County, in accordance with the California Environmental Quality Act (CEQA) and with 40 CFR 1506.6(b)(3), has published a similar notice of preparation for this EIS/EIR with the State Clearinghouse. We provide this notice to (1) Describe the proposed action and possible alternatives; (2) announce the initiation of a public scoping period, including when and where scoping meetings will be held; (3) advise other interested Federal, State, and local agencies, affected Tribes, and the public of our intent to prepare an EIS/EIR and invite their participation in the scoping process and; (4) obtain suggestions, comments, and useful information from interested parties and other agencies on the range of actions, the significant issues, range of alternatives, and impacts to be considered in the EIS/EIR document. We invite written comments on this notice from any interested party.
Marine Mammal Protection Act; Stock Assessment Report
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 southern sea otter (Enhydra lutris nereis) stock in the State of California, which is available for public review and comment.
Eufaula National Wildlife Refuge, Barbour and Russell Counties, AL, and Stewart and Quitman Counties, GA
We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Eufaula 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.
Keystone Oil Pipeline Project, Right-of-Way Permit Application To Cross Six Wetland Management Districts in North Dakota and South Dakota
The U.S. Fish and Wildlife Service (Service) is soliciting public comment on a right-of-way (ROW) permit application submitted by TransCanada Keystone Pipeline, LP (Keystone). If issued, the ROW permit would authorize the construction, operation, maintenance, and decommissioning of the pipeline through easements held by the Service in North Dakota and South Dakota. The Service is a cooperating agency with the Department of State on an Environmental Impact Statement (EIS) on the Keystone Oil Pipeline Project and has adopted the Final EIS. After reviewing any comments received on the ROW application, the Service will issue its own Record of Decision (ROD) on the EIS prior to granting the ROW permit.
Receipt of Application of Endangered Species Recovery Permits
We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species.
Endangered and Threatened Species Permit Applications
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.
Tehachapi Uplands Multi-Species Habitat Conservation Plan
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. Similar Notices of Intent were published on June 25, 2004 (69 FR 35663) and March 26, 2008 (73 FR 16052). This notice is being published to clarify the proposed action, to correct a previous ADDRESSES error, and to allow additional public input.
Endangered Wildlife and Plants; Permits
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.
Privacy Act of 1974; Amendments to Existing Systems of Records
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the U.S. Fish and Wildlife Service of the Department of the Interior is issuing public notice of its intent to amend 19 existing Privacy Act systems of records notices to add a new routine use to authorize the disclosure of records to individuals involved in responding to a breach of Federal data.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Salt Creek Tiger Beetle (Cicindela nevadica lincolniana)
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 our December 12, 2007 proposed rule (72 FR 70715) to designate critical habitat for the Salt Creek tiger beetle (Cicindela nevadica lincolniana) under the Endangered Species Act of 1973, as amended (Act). The December 12, 2007 Federal Register document also announced the availability of a draft economic analysis of the designation and a draft environmental assessment prepared in accordance with the National Environmental Policy Act of 1969. The reopened comment period will provide the public, other concerned governmental agencies, Tribes, and any other interested parties with an additional opportunity to submit written comments and information on this subspecies and associated habitat, the proposed critical habitat designation, draft economic analysis, and draft environmental assessment. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision.
Lake Champlain Sea Lamprey Control Alternatives Workgroup
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.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Issuance of Permits
The following permits were issued.
Sporting Conservation Council
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.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Cactus Ferruginous Pygmy-Owl (Glaucidium ridgwayi cactorum) as Threatened or Endangered With Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the cactus ferruginous pygmy-owl (Glaucidium ridgwayi cactorum) (pygmy-owl) 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-owl 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 on our determination as to whether the petitioned action is warranted. To ensure that the status review of the pygmy-owl is comprehensive, we are soliciting information and data regarding this species. We will make a determination on critical habitat for this species if and when we initiate a listing action.
Endangered and Threatened Species; Recovery Plans; Recovery Plan for the Northwest Atlantic Population of the Loggerhead Sea Turtle
We, NMFS and USFWS, announce the availability for public review of the draft Recovery Plan (Plan) for the Northwest Atlantic Population of the Loggerhead Sea Turtle (Caretta caretta). We are soliciting review and comment on the Plan from the public and all interested parties, including state and local governments, and national governments beyond the U.S. whose actions may contribute to the conservation and recovery of the loggerhead turtle in the Northwest Atlantic. We will consider all substantive comments received during the review period before submitting the Plan for final approval.
Endangered and Threatened Wildlife and Plants; Permits
We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Polk County Utilities (applicants) request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants anticipate taking about 6.63 acres of sand skink (Neopseps reynoldsi) and bluetail mole skink (Eumeces egregius lividus) (skinks) foraging and sheltering habitat incidental to construction activities associated with the expansion of the existing Sun Ray Wastewater Treatment Facility in Polk County, Florida (project). The applicants' HCP describes the mitigation and minimization measures proposed to address the effects of the project on the skinks.
Proposed Low Effect Habitat Conservation Plan for the Maintenance and Operations on the Calnev 8-Inch and 14-Inch Pipelines, Cajon and Lytle Creek Wash, San Bernardino County, CA
Calnev Pipeline Company LLC (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-year incidental take permit for one 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 endangered San Bernardino kangaroo rat (Dipodomys Merriami parvus) associated with the proposed pipeline inspection and repair projects in the City of Rialto and unincorporated San Bernardino County, California. A conservation program to minimize and mitigate for the project activities would be implemented as described in the proposed Maintenance and Operations on the Calnev 8-inch and 14-inch Pipelines, Cajon and Lytle Creek Wash, San Bernardino County, California Habitat Conservation Plan (proposed HCP), which would be implemented by the applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed HCP 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 the associated Low Effect Screening Form, which are also available for public review.
Trinity Adaptive Management Working Group
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). This notice announces a TAMWG meeting, which is open to the public.
Endangered and Threatened Species Permit Applications
The following applicants have applied for permits to conduct certain activities with endangered species.
Endangered and Threatened Wildlife and Plants; Initiation of Status Review for the Northern Mexican Gartersnake (Thamnophis eques megalops)
We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a status review for the northern Mexican gartersnake (Thamnophis eques megalops). Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threat to, the northern Mexican gartersnake.
Migratory Bird Hunting; Proposed 2008-09 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2009 Spring/Summer Migratory Bird Subsistence Harvest Proposals in Alaska
The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2008-09 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2008-09 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2009 spring/summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide hunting opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Alabama Sturgeon (Scaphirhynchus suttkusi
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Alabama sturgeon (Scaphirhynchus suttkusi) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 524 kilometers (326 miles) of river are proposed as critical habitat. The proposed critical habitat includes portions of the Alabama and Cahaba Rivers in Autauga, Baldwin, Bibb, Clarke, Dallas, Lowndes, Monroe, Perry, and Wilcox Counties, in Alabama.
Lower Florida Keys Refuges, Monroe County, FL
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 Lower Florida Keys Refuges for public review and comment. This DRAFT CCP/EA covers National Key Deer Refuge, Key West National Wildlife Refuge, and Great White Heron National Wildlife Refuge. In this Draft CCP/EA, we describe the alternative we propose to use to manage these refuges for the 15 years following approval of the Final CCP.
Receipt of an Application for an Incidental Take Permit for Residential Construction in Charlotte County, FL
We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Ronald and Jacquelyn Perron (applicants) request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants anticipate taking about 0.25 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub- jay) foraging and sheltering habitat incidental to lot preparation for the construction of a single-family residence and supporting infrastructure in Charlotte County, Florida (project). The applicants' HCP describes the mitigation and minimization measures proposed to address the effects of the project on the scrub-jay.
Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting
We, the U.S. Fish and Wildlife Service (Service), will host a Wind Turbine Guidelines Advisory Committee (Committee) workshop, on June 18, 2008. The workshop is open to the public. The workshop agenda will include the discussion and clarification of objectives to guide the Committee in its development of recommendations to the Secretary of the Interior.
Endangered and Threatened Wildlife and Plants; Proposed Revised Designation of Critical Habitat for the Northern Spotted Owl (Strix occidentalis caurina)
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 northern spotted owl (Strix occidentalis caurina) 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 determination section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revised rule, the associated draft economic analysis, and the amended required determinations section. If you submitted comments previously, then you do not need to resubmit them because we have already incorporated them into the public record and we will fully consider them in preparation of our final rule.
Receipt of Applications for Endangered Species Permits
The public is invited to comment on the following applications to conduct certain activities with threatened and endangered species.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.
Issuance of Permits
The following permits were issued.
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