Fish and Wildlife Service 2010 – Federal Register Recent Federal Regulation Documents

The San Diego County Water Authority (Water Authority/ Applicant) has applied to us, the U.S. Fish and Wildlife Service (Service), for an incidental take permit under the Endangered Species Act of 1973, as amended (Act). The Applicant is requesting a permit to incidentally take 37 animal species and seeking assurances for 27 plant species (including 19 Federally listed species) during the term of the proposed 55-year permit. The permit is needed to authorize take of listed animal species due to construction, operations, and maintenance activities in the approximately 992,000-acre (401,450-hectare) Plan Area in western San Diego County and south-central Riverside County, California. We are requesting public comment on the Draft Water Authority Natural Communities Conservation Program/Habitat Conservation Plan (NCCP/HCP), Draft Implementing Agreement, and Draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS).

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 require that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service, revise the List of Migratory Birds by both adding and removing numerous species. Reasons for the changes to the list include correcting previous mistakes including misspellings, adding species based on new evidence of occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States, and changing names based on new taxonomy. The net increase of 175 species (186 added and 11 removed) brings the total number of species protected by the Migratory Bird Treaty Act (MBTA) to 1007. We regulate most aspects of the taking, possession, transportation, sale, purchase, barter, exportation, and importation of migratory birds. An accurate and up-to- date list of species protected by the MBTA is essential for regulatory purposes.

We, the U.S. Fish and Wildlife Service, change the regulations governing control of introduced migratory birds. The muscovy duck (Cairina moschata) occurs naturally only in southern Texas. It has been introduced in other locations, where it is considered an invasive species that sometimes creates problems through competition with native species, damage to property, and transmission of disease. We amend the regulations to prohibit sale, transfer, or propagation of muscovy ducks for hunting and any other purpose other than food production, and to allow their removal in locations in which the species does not occur naturally in the contiguous United States, Alaska, and Hawaii, and in U.S. territories and possessions. This requires revision of regulations governing permit exceptions for captive-bred migratory waterfowl other than mallard ducks, and waterfowl sale and disposal permits, and the addition of an order to allow control of muscovy ducks, their nests, and eggs. We also have rewritten the affected regulations to make them easier to understand.

We, the Fish and Wildlife Service (Service), plan to prepare a draft environmental assessment, under the National Environmental Policy Act of 1969, as amended (NEPA), in conjunction with a potential proposed rule to establish an experimental population of wood bison (Bison bison athabascae) in Alaska, pursuant to the Endangered Species Act of 1973, as amended. We are seeking comments or suggestions concerning the scope of our environmental analysis for this action.

We, the Fish and Wildlife Service (Service), have received an application from Herman Young and Sons, Inc. (Applicant), for an enhancement of survival permit (permit) under the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Candidate Conservation Agreement with Assurances (CCAA) for the least chub (Iotichthys phlegethontis) and Columbia spotted frog (Rana lutreiventris) between the Applicant, the Utah Division of Wildlife Resources (UDWR), and the Service. The CCAA would be implemented at the Bishop Springs marsh complex (Bishop Springs) in Juab County, Utah. We have made a preliminary determination that the proposed CCAA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this preliminary determination is contained in an Environmental Action Statement. We are accepting comments on the permit application, the proposed CCAA, and the Environmental Action Statement.

We, the U.S. Fish and Wildlife Service (Service), have determined that the proposed listing of the Southwestern Washington/ Columbia River Distinct Population Segment (DPS) of coastal cutthroat trout as a threatened species under the Endangered Species Act of 1973, as amended (Act), is not warranted. We therefore withdraw our proposed rule (64 FR 16397; April 5, 1999) to list the DPS under the Act. Although we had earlier concluded that this DPS did not warrant listing under the Act, as a result of litigation we have reconsidered whether the marine and estuarine areas of the DPS may warrant listing if they constitute a significant portion of the range of the DPS. Based upon a thorough review of the best available scientific and commercial data, we have determined that the threats to coastal cutthroat trout in the marine and estuarine areas of its range within the DPS, as analyzed under the five listing factors described in section 4(a)(1) of the Act, are not likely to endanger the species now or in the foreseeable future throughout this portion of its range. We, therefore, again withdraw our proposed rule, as we have determined that the coastal cutthroat trout is not likely to become endangered now or in the foreseeable future throughout all or a significant portion of its range within the Southwestern Washington/Columbia River DPS.

This document corrects language used to describe the candidate status of the Sierra Nevada Distinct Population Segment of Rana muscosa, in a notice published in the Federal Register on November 9, 2009, regarding the review of species that are candidates for listing under the Endangered Species Act, as amended. The correction is to clarify that the Sierra Nevada Distinct Population Segment of Rana muscosa, as defined in the January 16, 2003 Federal Register, remains the candidate for listing.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for Quivira National Wildlife Refuge in Stafford, Kansas. 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), announce the availability of our final comprehensive Conservation Plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Bond Swamp National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Rio Grande Silvery Minnow (Hybognathus amarus) Recovery Plan, First Revision. The Rio Grande silvery minnow was listed as endangered in 1994, its first recovery plan was approved in 1999, and critical habitat was designated in 2003.

The U.S. Fish and Wildlife Service (Service) announces the availability of the draft comprehensive conservation plan (CCP) and draft environmental assessment (EA) for John Hay National Wildlife Refuge (NWR) for a 30-day public review and comment period. In this draft CCP/EA, we describe three alternatives, including our Service- preferred Alternative B, for managing this refuge for the next 15 years. Also available for public review and comment are the draft compatibility determinations, which are included as Appendix B in the draft CCP/EA.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan (CCP) and an environmental assessment (EA) for the Aransas National Wildlife Refuge Complex (NWRC, Refuge) for public review and comment. In these documents, we describe alternatives, including our preferred alternative, to manage this Refuge complex for the 15 years following approval of the final CCP.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Draft Yuma Clapper Rail (Rallus longirostris yumanensis) Recovery Plan, First Revision under the Endangered Species Act of 1973, as amended (Act). The species currently inhabits the mainstem Colorado River in Arizona, California, and Nevada; the Virgin River in Arizona, Nevada, and Utah; the Gila River in Arizona; and the Salton Sea in California. The Service solicits review and comment from the public on this draft revised recovery plan. The Service will also accept any new information on the status of the Yuma clapper rail throughout its range to assist in finalizing the revised recovery plan.

We, U.S. Fish and Wildlife Service (Service), announce the availability of a draft recovery plan for Tidal Marsh Ecosystems of Northern and Central California for public review and comment. This draft recovery plan is an expansion and revision of our 1984 California Clapper Rail and Salt Marsh Harvest Mouse Recovery Plan. The plan also

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the American pika (Ochotona princeps) as threatened or endangered under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find that listing the American pika, at the species level or any of the five recognized subspecies (O. p. princeps, O. p. saxatilis, O. p. fenisex, O. p. schisticeps, and O. p. uinta), 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 American pika, the five subspecies, or its habitat at any time.

The U.S. Fish and Wildlife Service (FWS) announces the availability of the final EIR/EIS for the California Department of Fish and Game's (CDFG) Fish Hatchery and Stocking Program (Program). FWS is lead agency, under the National Environmental Policy Act (NEPA) of 1969, as amended, for the EIR/EIS jointly prepared with CDFG. Under the Sport Fish Restoration Act (SFRA), FWS proposes to fund actions associated with the operation of CDFG's 14 trout hatcheries and the Mad River Hatchery for the anadromous steelhead, and stocking from the 15 hatcheries. The Federal action does not include funding CDFG's other anadromous fish hatcheries and associated stocking, nor its issuance of private stocking permits. SFRA funding may also support CDFG's Fishing in the City and Classroom Aquarium Education Programs. CDFG is the lead agency under the California Environmental Quality Act (CEQA) and proposes to implement hatchery operations and stocking funded by FWS, as well as all other components of the CDFG Program, including anadromous fish hatchery operations and associated stocking, and issuance of stocking permits to private parties seeking to stock fish in California's inland waters. The final EIR/EIS presents Program impact analysis, mitigation for impacts, selection of the preferred alternative, and response to comments received during the comment period for the draft EIR/EIS.

We, the U.S. Fish and Wildlife Service (Service), propose to reestablish the Sonoran pronghorn, a federally listed endangered mammal, into its historical habitat in King Valley, Kofa National Wildlife Refuge (Kofa NWR), in Yuma County, and to the Barry M. Goldwater RangeEast (BMGR-E), in Maricopa County, in southwestern Arizona. We propose to reestablish the Sonoran pronghorn under section 10(j) of the Endangered Species Act of 1973, as amended (Act), and to classify that reestablished population as a nonessential experimental population (NEP). This proposed rule provides a plan for establishing the NEP and provides for allowable legal incidental taking of Sonoran pronghorn within the defined NEP area. We have prepared a draft environmental assessment (EA) on this proposed action.

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the Okaloosa darter (Etheostoma okaloosae) from endangered to threatened under the authority of the Endangered Species Act of 1973, as amended (Act). The endangered designation no longer correctly reflects the current status of this fish due to a substantial improvement in the species' status. This proposed action is based on a thorough review of the best available scientific and commercial data, which indicates a substantial reduction in threats to the species, significant habitat restoration in most of the species' range, and a stable or increasing trend of darters in all darter stream systems. We also propose a special rule under section 4(d) of the Act. This special rule would allow Eglin Air Force Base to continue activities, with a reduced regulatory burden, and would provide a net benefit to the Okaloosa darter. We are seeking information, data and comments from the public on this proposal.

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 Farallon National Wildlife Refuge (Refuge). In the CCP, we describe how we will manage the Refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a National Environmental Policy Act (NEPA) document for a decision on a proposed habitat conservation plan (HCP) and incidental take permit (ITP) for the Indiana bat (Myotis sodalis) at a wind power project in Champaign County, Ohio. 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 the NEPA review and issues to consider in the planning process. We are also using this opportunity to seek comments on the appropriate level of NEPA review, and whether an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) would be the appropriate level.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and habitat conservation plan (HCP). Mosaic Fertilizer, LLC (applicant) requests a 24-year ITP under the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 100 acres (ac) of Florida scrub-jay (Aphelocoma coerulescens)occupied habitat incidental to land clearing and phosphate mining in Manatee County, Florida (project). The applicant's HCP describes the mitigation and

We, the U.S. Fish and Wildlife Service (Service), will host a Wind Turbine Guidelines Advisory Committee (Committee) meeting March 2- 4, 2010. The meeting is open to the public. The meeting agenda will include discussion of the current draft Recommendations to the Secretary.

We, the U.S. Fish and Wildlife Service, are reopening the public comment period on our proposed rule to establish migratory bird subsistence harvest regulations in Alaska for the 2010 season. This action will allow all interested parties an additional opportunity to comment on our proposal.