Fish and Wildlife Service August 2010 – Federal Register Recent Federal Regulation Documents
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Proposed Information Collection; OMB Control Number 1018-0093; Federal Fish and Wildlife License/Permit Applications, Management Authority
We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on November 30, 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.
Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2010-11 season.
Endangered and Threatened Species Permit Applications
The following applicants have applied for scientific research permits to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act). The Act requires that we invite public comment on these permit applications.
Receipt of Applications for Permit
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. Both laws requires that we invite public comment before issuing these permits.
Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations
This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2010-11 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the early-season migratory bird hunting regulations.
Subsistence Management Regulations for Public Lands in Alaska-2010-11 and 2011-12 Subsistence Taking of Wildlife Regulations; Subsistence Taking of Fish on the Yukon River Regulations; Correction
On June 30, 2010, we published a final rule that, among other things, established regulations related to the taking of wildlife for subsistence uses in Alaska during the period 2010-12. We inadvertently made effective date errors, which we correct with this document.
Preparation of an Environmental Impact Statement for Issuance of an Incidental Take Permit Associated With a Habitat Conservation Plan for the Beech Ridge Wind Energy Project, Greenbrier and Nicholas Counties, West Virginia; Re-opening and Extension of Comment Period
In response to substantial public interest and requests to extend the comment period, we, the U.S. Fish and Wildlife Service, extend the scoping period on a notice of intent to gather information necessary to prepare an Environmental Impact Statement (EIS) on the proposed issuance of an Endangered Species Act (ESA) permit (incidental take permit and associated Habitat Conservation Plan) for the Beech Ridge Wind Energy Project (HCP). Pursuant to the National Environmental Policy Act (NEPA), we seek suggestions and information from the public on the scope of issues and alternatives to be included in the EIS. Comments previously submitted need not be resubmitted as they have been incorporated into the public record and will be fully considered in the final decision on the permit application.
Hakalau Forest National Wildlife Refuge, Hawai`i County, HI; Comprehensive Conservation Plan and Environmental Assessment
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Hakalau Forest National Wildlife Refuge (refuge) for public review and comment. The Draft CCP/ EA describes our proposal for managing the refuge for the next 15 years.
Environmental Impact Statement; Alabama Beach Mouse Draft General Conservation Plan; Fort Morgan Peninsula, Baldwin County, AL
Under 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 an environmental impact statement (EIS) on the draft Alabama Beach Mouse General Conservation Plan (ABM GCP) Project. We are preparing the ABM GCP under the Endangered Species Act of 1973, as amended (Act). We provide 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.
Endangered and Threatened Wildlife and Plants; Draft Ocelot (Leopardus pardalis
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Draft Ocelot (Leopardus pardalis) Recovery Plan, First Revision. We request review and comment from the public on this draft revised recovery plan. We will also accept any new information on the status of the ocelot throughout its range to assist in finalizing the revised recovery plan.
Black Bayou Lake National Wildlife Refuge, Ouachita 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 Black Bayou Lake National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.
Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations
The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2010-11 late-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.
Endangered and Threatened Wildlife and Plants; Removal of the Utah (Desert) Valvata Snail From the Federal List of Endangered and Threatened Wildlife
Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), are removing the Utah (desert) valvata snail (Valvata utahensis) from the Federal List of Endangered and Threatened Wildlife (List). Based on a thorough review of the best available scientific and commercial data, we determined that the Utah valvata snail is more widespread and occurs in a greater variety of habitats in the Snake River than known at the time of listing in 1992. We now know the Utah valvata snail is not limited to areas of cold-water springs or spring outflows; rather, it persists in a variety of aquatic habitats, including cold-water springs, spring creeks and tributaries, the mainstem Snake River and associated tributary stream habitats, and reservoirs influenced by dam operations. Given our current understanding of the species' habitat requirements and threats, the species does not meet the definition of an endangered or threatened species under the Act. Therefore, we are removing the Utah valvata snail from the List, thereby removing all protections provided by the Act.
Endangered and Threatened Wildlife and Plants; Permits
We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species. The Endangered Species Act requires that we invite public comment on these permit applications.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Oklahoma Grass Pink Orchid as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Calopogon oklahomensis (Oklahoma grass pink orchid) as endangered or threatened 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 plant species, C. oklahomensis, as endangered or threatened may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing C. oklahomensis as endangered or threatened 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,
Removing Regulations Implementing the Fish and Wildlife Conservation Act
We, the U.S. Fish and Wildlife Service (Service), are removing our regulations implementing the Fish and Wildlife Conservation Act of 1980. The Act authorized financial and technical assistance to States to design conservation plans and programs to benefit nongame species; however, funds never became available to carry out the Act, and we do not expect funds to become available in the future.
Receipt of Applications for Permit
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit activities with listed species unless a Federal permit is issued that allows such activities. Both laws require that we invite public comment before issuing these permits.
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). The TMC interprets and recommends policy, coordinates and reviews management actions, and provides organizational budget oversight. This notice announces a TAMWG meeting, which is open to the public.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of Endangered Whooping Cranes in Southwestern Louisiana
We, the U.S. Fish and Wildlife Service (Service), propose to reintroduce whooping cranes (Grus americana), a federally listed endangered species, into habitat in its historic range in southwestern Louisiana with the intent to establish a nonmigratory flock that lives and breeds in the wetlands, marshes, and prairies there. We propose to classify the flock as a nonessential experimental population (NEP) according to section 10(j) of the Endangered Species Act of 1973 (Act), as amended. Releases will be within the historic breeding area in southwestern Louisiana near White Lake in Vermilion Parish. This proposed rule provides a plan for establishing the NEP and provides for allowable legal incidental take of whooping cranes within the defined NEP area. The objectives of the reintroduction are to advance recovery of the endangered whooping crane. No conflicts are envisioned between the reintroduction and any existing or anticipated Federal, State, Tribal, local government, or private actions such as oil/gas exploration and extraction, aquacultural practices, agricultural practices, pesticide application, water management, construction, recreation, trapping, or hunting.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To Remove the Stephens' Kangaroo Rat From the Federal List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to remove the Stephens' kangaroo rat (Dipodomys stephensi) from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended. After a review of the best available scientific and commercial information, we find that delisting the Stephens' kangaroo rat is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to the Stephens' kangaroo rat or its habitat at any time. This information will help us monitor and encourage the conservation of this species.
Protection Island and San Juan Islands National Wildlife Refuges, Jefferson, Island, San Juan, Skagit, and Whatcom Counties, WA
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plan (CCP), draft wilderness stewardship plan (WSP), and environmental assessment (EA) for Protection Island and San Juan Islands National Wildlife Refuges (NWRs, Refuges) for public review and comment. The Draft CCP/WSP/EA describes our alternatives, including our preferred alternative, for managing the Refuges for the 15 years following approval of the final CCP/WSP.
Final Comprehensive Conservation Plan; John Hay National Wildlife Refuge, Merrimack County, NH
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 John Hay National Wildlife Refuge (NWR). In this final CCP, we describe how we will manage this refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List Brian Head Mountainsnail as Endangered or Threatened with Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Brian Head mountainsnail (Oreohelix parawanensis) as endangered or threatened under the Endangered Species Act of 1973 (Act), as amended. Based on our review, we find that the petition does not present substantial information indicating that listing the species may be warranted. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the mountainsnail or its habitat at any time. This information will help us monitor and encourage the conservation of this species.
Endangered and Threatened Wildlife and Plants; Listing Three Foreign Bird Species From Latin America and the Caribbean as Endangered Throughout Their Range
We, the U.S. Fish and Wildlife Service (Service), determine endangered status for three species of birds from Latin America and the Caribbeanthe Andean flamingo (Phoenicoparrus andinus), the Chilean woodstar (Eulidia yarrellii), and the St. Lucia forest thrush (Cichlherminia lherminieri sanctaeluciae)under the Endangered Species Act of 1973, as amended (Act).
Lewis and Clark National Wildlife Refuge and the Julia Butler Hansen Refuge for the Columbian White-tailed Deer
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan and environmental impact statement (final CCP/EIS) for the Lewis and Clark National Wildlife Refuge and the Julia Butler Hansen Refuge for the Columbian White-tailed Deer (refuge or collectively, refuges). These refuges are located in Wahkiakum County, Washington, and Clatsop and Columbia Counties, Oregon. In the final CCP/EIS, we describe how we propose to manage these refuges for the next 15 years.
Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments
This provides notice of the Federal Subsistence Board's (Board) in-season management actions for the 2009-10 regulations for taking wildlife. These actions provide exceptions to the regulations currently in effect for Subsistence Management of Public Lands in Alaska. Those regulations established seasons, harvest limits, and methods and means for taking of wildlife for subsistence uses during the 2008-09 and 2009-10 regulatory years.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Delist the Tiger (Panthera tigris
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the tiger (Panthera tigris) from the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended. We find that the petition does not present substantial scientific or commercial information indicating that removing the species from the List of Endangered and Threatened Wildlife may be warranted. Therefore, we will not initiate a 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 tiger or threats to it or its habitat at any time. This information will help us monitor and encourage the conservation of this species.
Endangered and Threatened Wildlife and Plants; Removing the Tennessee Purple Coneflower From the Federal List of Endangered and Threatened Plants
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 plant Echinacea tennesseensis (Tennessee purple coneflower) from the Federal List of Endangered and Threatened Plants due to recovery. This action is based on a thorough review of the best available scientific and commercial data, which indicate that this species' status has improved to the point that E. tennesseensis is not likely to become endangered within the foreseeable future throughout all or a significant portion of its range. Our review of the status of this species shows that all of the threats to the species have been eliminated or significantly reduced, adequate regulatory mechanisms exist, and populations are stable. We also announce the availability of the draft post-delisting monitoring plan. This proposed rule completes the 5-year status review for the species, initiated on September 21, 2007.
Meeting Announcement: Neotropical Migratory Bird Conservation Advisory Group
The Advisory Group for the Neotropical Migratory Bird Conservation Act (NMBCA) grants program (Advisory Group) will meet in person and via conference call to discuss strategic planning and communication, budget and legislation updates, and other topics. This meeting is open to the public, and interested persons may present oral or written statements.
Endangered and Threatened Wildlife and Plants; Indiana Bat; Notice of Intent To Prepare an Environmental Impact Statement on a Proposed Habitat Conservation Plan and Incidental Take Permit
We, the U.S. Fish and Wildlife Service (Service), intend to prepare an Environmental Impact Statement (EIS) on a proposed Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP) for the Indiana Bat (Myotis sodalis) at a wind power project in Adair, Sullivan, and Putnam Counties, Missouri (Project). Construction and operation of the Project has the potential to cause the take of Indiana bat, an endangered species, protected by the Endangered Species Act (ESA). We provide this notice to advise other agencies, tribes, and the public of our intentions, and to obtain suggestions and information on the scope of review under NEPA (National Environmental Policy Act), as well as issues to consider during the planning process.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List Arctostaphylos franciscana
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Arctostaphylos franciscana (Franciscan manzanita or San Francisco manzanita) as endangered under the Endangered Species Act of 1973, as amended, (Act) and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the species is warranted. To ensure that the 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,
Emergency Exemption; Issuance of Emergency Permit to Rehabilitate Sea Turtles Affected by the Deepwater Horizon Oil Spill, Gulf of Mexico
On April 20, 2010, a massive oil spill occurred as a result of the Deepwater Horizon drilling rig explosion in the Gulf of Mexico. The oil spill continues to threaten the Gulf of Mexico environment and its inhabitants, including five sea turtle species. We, the U.S. Fish and Wildlife Service have authorized Texas State Aquarium, under an Endangered Species Act (ESA) permit, to aid sea turtles affected by the oil spill.
U.S. Coral Reef Task Force Public Meeting and Public Comment
We, the U.S. Fish and Wildlife Service (Service), announce a public meeting of the U.S. Coral Reef Task Force (USCRTF) and a request for written comments. This meeting, the 24th biannual meeting of the USCRTF, provides a forum for coordinated planning and action among Federal agencies, State and territorial governments, and nongovernmental partners. Please register in advance by visiting the website under SUPPLEMENTARY INFORMATION. Advance public comment must be submitted by August 27, 2010, to Liza Johnson at the e-mail, fax, or
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2010-11 Season
The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2010-11 migratory bird hunting season.
Sport Fishing and Boating Partnership Council
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Sport Fishing and Boating Partnership Council (Council).
Receipt of Applications for Permit
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit activities with listed species unless a Federal permit is issued that allows such activities. Both laws require that we invite public comment before issuing these permits.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Mexican Gray Wolf as an Endangered Subspecies With Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on two petitions to list the Mexican gray wolf (Canis lupus baileyi) (Mexican wolf) as an endangered subspecies and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). Although not listed as a subspecies, the Mexican wolf is currently listed as endangered within the broader listing of gray wolves. Based on our review, we find that the petitions present substantial scientific or commercial information indicating that the Mexican wolf subspecies may warrant listing such that reclassifying the Mexican wolf as a separate subspecies may be warranted. One of the petitions also requested listing of the Mexican wolf as an endangered
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of Five Listed Species: Delmarva Peninsula Fox Squirrel, Northeastern Bulrush, Furbish Lousewort, Chittenango Ovate Amber Snail, and Virginia Round-Leaf Birch
Under the Endangered Species Act of 1973 (ESA), we, the U.S. Fish and Wildlife Service (Service), announce our initiation of 5-year reviews of five listed species: Delmarva Peninsula fox squirrel, northeastern bulrush, Furbish lousewort, Chittenango ovate amber snail, and Virginia round-leaf birch. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information that has become available since the original listing of each of these species. Based on the results of these 5-year reviews, we will make the requisite findings under the ESA.
Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for Five Penguin Species
We, the U.S. Fish and Wildlife Service (Service), determine threatened status for five penguins: The yellow-eyed penguin (Megadyptes antipodes), white-flippered penguin (Eudyptula minor albosignata), Fiordland crested penguin (Eudyptes pachyrhynchus), Humboldt penguin (Spheniscus humboldti), and erect-crested penguin (Eudyptes sclateri) under the Endangered Species Act of 1973, as amended (Act).
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Carex lutea
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our March 10, 2010 (75 FR 11080), proposed rule to designate critical habitat for Carex lutea (golden sedge) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis (DEA) associated with the proposed rule. In addition, in this document, we propose to enlarge two previously proposed subunits of critical habitat because we discovered that Carex lutea occupies an area at these two subunits that is greater than what we believed when we were preparing the March 10, 2010 proposed rule. We are reopening the comment period on the proposal for an additional 30 days to allow interested parties an opportunity to comment simultaneously on the revised proposed critical habitat designation, the associated DEA, and our amended required determinations section. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.
Endangered and Threatened Wildlife and Plants; Permits
We announce our receipt of an application to conduct certain activities pertaining to enhancement of survival of endangered species. The Endangered Species Act requires that we invite public comment on this permit application.
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