Fish and Wildlife Service December 2009 – Federal Register Recent Federal Regulation Documents
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Marine Mammal Protection Act; Stock Assessment Report
In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), and its implementing regulations, we, the U.S. Fish and Wildlife Service (Service), announce that we have revised our stock assessment reports (SARs) for the Pacific walrus (Odobenus rosmarus divergens) stock and for each of the two polar bear (Ursus maritimus) stocks in Alaska: The Southern Beaufort Sea polar bear stock and the Chukchi/Bering Seas polar bear stock, including incorporation of public comments. We now make these three final 2009 revised SARs available to the public.
Marine Mammal Protection Act; Stock Assessment Report
In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), and its implementing regulations, we, the U.S. Fish and Wildlife Service (Service), announce that we have revised our stock assessment report (SAR) for each of the two West Indian manatee stocks in the southeastern United States: The Florida manatee (Trichechus manatus latirostris) stock and the Puerto Rico stock of Antillean manatee (Trichechus manatus manatus), including incorporation of public comments. We now make these two final 2009 revised SARs available to the public.
Humboldt Bay National Wildlife Refuge Complex, Humboldt and Del Norte Counties, CA
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final Comprehensive Conservation Plan/Final Environmental Assessment (CCP/EA) and Finding of No Significant Impact (FONSI) for Humboldt Bay National Wildlife Refuge Complex. The Humboldt Bay National Wildlife Refuge Complex is composed of Humboldt Bay National Wildlife Refuge (NWR) and Castle Rock NWR. The CCP, prepared under the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, describes how the Service will manage the Refuges for the next 15 years.
2009-2010 Refuge-Specific Hunting and Sport Fishing Regulations-Additions
The Fish and Wildlife Service proposes to add two refuges to the list of areas open for hunting and/or sport fishing programs and increase the activities available at eight other refuges for the 2009- 2010 season. One refuge will see a decrease in activities and another refuge will see no net change in activities for the 2009-2010 season.
Muscatatuck National Wildlife Refuge: Jackson, Jennings, & Monroe Counties, IN
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Environmental Assessment (EA) for Muscatatuck National Wildlife Refuge (NWR). Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.
Kirtland's Warbler Wildlife Management Area, Located Throughout 8 Counties in the Northern Lower Peninsula of MI
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for the Environmental Assessment (EA) for Kirtland's Warbler Wildlife Management Area (Kirtland's Warbler WMA). Goals and objectives in the CCP describe how the agency intends to manage Kirtland's Warbler WMA for the next 15 years.
Endangered and Threatened Wildlife and Plants; Permit Applications
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act requires that we invite public comment before issuing these permits.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0007; Annual Certification of Hunting and Sport Fishing Licenses Issued
We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on January 31, 2010. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0012; Declaration for Importation or Exportation of Fish or Wildlife
We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on January 31, 2010. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Issuance of an Incidental Take Permit to Shell Wind Energy for Construction and Operation of the Bear River Ridge Wind Power Project (Multiple Species Habitat Conservation Plan), Humboldt County, CA
We, the U.S. Fish and Wildlife Service (USFWS), intend to prepare an Environmental Impact Statement (EIS), under the National Environmental Policy Act (NEPA) regarding an application from Shell Wind Energy for an incidental take permit for take of threatened wildlife species in accordance with section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The USFWS and the County of Humboldt will be developing a combined EIR and EIS document for the proposed project. Shell Wind Energy is proposing to construct and operate the Bear River Ridge Wind Power Project near Ferndale, in Humboldt County, California. The project would consist of up to 25 wind turbines with a generating capacity of 50 megawatts (MW) of electricity. Activities Shell Wind Energy will propose for permit coverage in its habitat conservation plan (Plan) include construction, operation, maintenance, and decommissioning of the Bear River Ridge Wind Power project and associated off-site improvements. The Plan may also cover certain proposed off site mitigation activities. We are furnishing this notice to announce the initiation of a public scoping period, during which we invite other agencies and the public to provide written comments on the range of alternatives and scope of issues to be included in the EIS.
Proposed Programmatic Safe Harbor Agreement for the Sacramento River Conservation Area Forum in Shasta, Tehama, Butte, Glenn, Colusa, Yolo, and Sutter Counties, CA
This notice advises the public that the Sacramento River Conservation Area Forum (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival Permit under 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 valley elderberry longhorn beetle (Desmocerus californicus dimorphus) and the Federally threatened giant garter snake (Thamnophis gigas) (collectively referred to as the Covered Species). The Agreement is available for public comment.
Endangered and Threatened Wildlife and Plants; 12-month Finding on a Petition To Change the Final Listing of the Distinct Population Segment of the Canada Lynx To Include New Mexico
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to expand the listing of the Canada lynx (Lynx canadensis) to include the State of New Mexico, under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that the petition to change the boundary of the listing of Canada lynx is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. We have determined that Canada lynx are regularly and frequently crossing the State boundary between Colorado and New Mexico. When lynx cross the boundary, their status under the Act changes, leaving lynx in New Mexico without Federal protection. Upon publication of this 12-month petition finding, we will add lynx in New Mexico to our candidate species list with a listing priority number of 12. We will develop a proposed rule to amend the listing of lynx in the lower 48 States as our priorities allow (see section of Preclusion and Expeditious Progress).
Receipt of Applications for Permit
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for permits to conduct certain activities with endangered species. The Endangered Species Act requires that we invite public comment on these permit applications.
Issuance of Permits
We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species and/or marine mammals.
Ernest F. Hollings ACE Basin National Wildlife Refuge, Charleston, Beaufort, Colleton, and Hampton Counties, SC
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Ernest F. Hollings ACE Basin National Wildlife Refuge (ACE Basin NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.
Endangered Species Recovery Permit Applications
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing these permits.
Mandalay National Wildlife Refuge, Terrebonne Parish, LA
We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Mandalay National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition to List 475 Species in the Southwestern United States as Threatened or Endangered with Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on 192 species from a petition to list 475 species in the southwestern United States as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). For 125 of the 192 species, we find that the petition did not present substantial information indicating that listing may be warranted. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing may be warranted for 67 of the 192 species. Therefore, with the publication of this notice, we are initiating a status review of the 67 species to determine if listing is warranted. To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding these 67 species. Based on the status review, we will issue a 12-month finding on the petition, which will
Endangered and Threatened Wildlife and Plants; 90-Day Finding on Petitions To List Nine Species of Mussels From Texas as Threatened or Endangered With Critical Habitat
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on two petitions to list nine species of freshwater mussels, the Texas fatmucket (Lampsilis bracteata), Texas heelsplitter (Potamilus amphichaenus), Salina mucket (Potamilus metnecktayi), golden orb (Quadrula aurea), smooth pimpleback (Quadrula houstonensis), Texas pimpleback (Quadrula petrina), false spike (Quincuncina mitchelli), Mexican fawnsfoot (Truncilla cognata), and Texas fawnsfoot (Truncilla macrodon), as threatened or endangered under the Endangered Species Act of 1973, as amended (Act) and designate critical habitat. Based on our review, we find that the petitions present substantial scientific or commercial information indicating that listing these species may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the nine species of mussels to determine if listing them is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data and other information regarding these species. At the conclusion of this review, we will issue a 12-month finding on the petitions, which will
St. Johns National Wildlife Refuge, Brevard County, 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 St. Johns National Wildlife Refuge (NWR). We provide this notice in compliance with our CCP policy to advise other Federal agencies, 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.
Laguna Atascosa National Wildlife Refuge, Cameron and Willacy Counties, TX
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan (CCP) and environmental assessment (EA) for the Laguna Atascosa National Wildlife Refuge (Refuge, NWR) for public review and comment. In these documents, we describe alternatives, including our preferred alternative, to manage this Refuge for the 15 years following approval of the final CCP.
Tensas River National Wildlife Refuge, Franklin, Madison, and Tensas Parishes, LA
We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Tensas River National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.
Notice of Intent to Prepare an Environmental Impact Statement Related to Experimental Removal of Barred Owls for the Conservation Benefit of Threatened Northern Spotted Owls
Under the National Environmental Policy Act of 1969 (NEPA), this notice advises the public that we, the U.S. Fish and Wildlife Service (USFWS), intend to gather information necessary to prepare an environmental impact statement (EIS) for barred owl (Strix varia) removal experiments designed to determine if the species' presence is affecting northern spotted owl (Strix occidentalis caurina) population stability and growth, and to test the feasibility of removing barred owls from specific locations. We furnish this notice to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to include in the EIS.
Proposed Pacific Gas and Electric Safe Harbor Agreement for Interior Dune Species Located in Antioch Dunes in Contra Costa County, CA
This notice advises the public that Pacific Gas and Electric (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival permit under 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 endangered Lange's metalmark butterfly (Apodemia mormo langei), Antioch Dunes evening primrose (Oenothera deltoids ssp. howellii), and the Contra Costa wallflower (Erysimum capitatum var. angustatum) (collectively referred to as the Covered Species). The Agreement is available for public comment.
Endangered Wildlife and Plants; Permits
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on applications for permits to conduct enhancement of survival activities with endangered species. The Endangered Species Act of 1973, as amended (Act) requires that we solicit public comment on these permit applications involving endangered species.
Proposed Safe Harbor Agreement for California Red-Legged Frog, Least Bell's Vireo, and Southwestern Willow Flycatcher, on Lands Owned or Managed or Both by the Ojai Valley Land Conservancy Within the Ventura River Watershed, Ventura County, CA
We, the U.S. Fish and Wildlife Service (Service), have received an application for an enhancement of survival permit for the federally threatened California red-legged frog (Rana aurora draytonii) and federally endangered least Bell's vireo (Vireo bellii pusillus) and southwestern willow flycatcher (Empidonax traillii extimus) under the Endangered Species Act of 1973, as amended (Act), from the Ojai Valley Land Conservancy (Applicant). This permit application includes a proposed safe harbor agreement (Agreement) between the Applicant and the Service. The Agreement and permit application are available for public comment.
Oregon Islands, Three Arch Rocks, and Cape Meares National Wildlife Refuges, Clatsop, Tillamook, Lincoln, Lane, Coos, and Curry Counties, OR
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our completed comprehensive conservation plan (CCP), wilderness stewardship plan (WSP), and finding of no significant impact (FONSI) for the Oregon Islands, Three Arch Rocks, and Cape Meares National Wildlife Refuges (Refuges) in Oregon. In this CCP, we describe how we will manage the Refuges for the next 15 years.
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Santa Ana Sucker (Catostomus santaanae
We, the U.S. Fish and Wildlife Service (Service), propose to revise the designated critical habitat for the Santa Ana sucker (Catostomus santaanae). The areas identified in this proposed rule constitute a revision of the areas designated as critical habitat for the Santa Ana sucker on January 4, 2005. In the 2005 final rule, we designated 8,305 ac (3,361 ha) of critical habitat in Los Angeles County. Approximately 9,605 acres (ac) (3,887 hectares (ha)) of habitat in the Santa Ana River (San Bernardino, Riverside, and Orange Counties) and the San Gabriel River and Big Tujunga Creek (Los Angeles County) in southern California fall within the boundaries of the proposed revised critical habitat designation.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of Bull Trout in the Clackamas River Subbasin, Oregon
We, the U.S. Fish and Wildlife Service (Service), in cooperation with the U.S. Forest Service (USFS) and the State of Oregon, propose to establish a nonessential experimental population (NEP) of bull trout (Salvelinus confluentus) in the Clackamas River and its tributaries in Clackamas County, Oregon, under section 10(j) of the Endangered Species Act of 1973, as amended (Act). The geographic boundaries of the NEP would include the entire Clackamas River subbasin as well as the mainstem Willamette River, from Willamette Falls to its points of confluence with the Columbia River, including Multnomah Channel. The best available data indicate that reintroduction of bull trout to the Clackamas subbasin is biologically feasible and will promote the conservation of the species. We are seeking comments on this proposal and on our draft environmental assessment (EA), prepared pursuant to the National Environmental Policy Act of 1969, as amended (NEPA), which analyzes the potential environmental impacts associated with the proposed reintroduction.
Letters of Authorization To Take Marine Mammals
In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), we, the Fish and Wildlife Service, have issued letters of authorization to take polar bears and Pacific walrus incidental to oil and gas industry exploration, development, and production activities in the Beaufort Sea and adjacent northern coast of Alaska and incidental to oil and gas industry exploration activities in the Chukchi Sea and adjacent western coast of Alaska.
Migratory Bird Permits; States Delegated Falconry Permitting Authority
The States of Mississippi, Montana, Oklahoma, Pennsylvania, Texas, and Utah have requested that we, the U.S. Fish and Wildlife Service, delegate permitting for falconry to the State, as provided under the regulations at 50 CFR 21.29. We have reviewed regulations and supporting materials provided by the States, and have concluded that their regulations comply with the Federal regulations. We change the falconry regulations accordingly.
Endangered and Threatened Wildlife and Plants; Proposed Revised Critical Habitat for Brodiaea filifolia
We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for Brodiaea filifolia (thread- leaved brodiaea) under the Endangered Species Act of 1973, as amended (Act). Approximately 3,786 acres (ac) (1,532 hectares (ha)) of habitat fall within the boundaries of the proposed revised critical habitat designation, which is located in Los Angeles, San Bernardino, Riverside, Orange, and San Diego Counties in southern California.
Service Regulations Committee Meeting
The Fish and Wildlife Service (hereinafter Service) will conduct an open meeting on February 3, 2010, to identify and discuss preliminary issues concerning the 2010-11 migratory bird hunting regulations.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List Sprague's Pipit as Threatened or Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Sprague's pipit (Anthus spragueii) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Sprague's pipit may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species to determine if listing the species is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition,
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Vermilion Darter
We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for the vermilion darter (Etheostoma chermocki) under the Endangered Species Act of 1973, as amended. We propose to designate as critical habitat approximately 21.0 kilometers (13.0 stream miles) in 5 units. The proposed critical habitat is located within the Turkey Creek watershed in Jefferson County, Alabama.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the Black-tailed Prairie Dog as Threatened or Endangered
We, the U.S. Fish and Wildlife Service (Service), announce our 12-month finding on a petition to list the black-tailed prairie dog (Cynomys ludovicianus) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing the black- tailed prairie dog as either threatened or endangered is not warranted at this time. However, we ask the public to continue to submit to us any new information that becomes available concerning the status of, or threats to, the black-tailed prairie dog or its habitat at any time. This information will help us to monitor and conserve the species.
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