Fish and Wildlife Service April 2011 – Federal Register Recent Federal Regulation Documents
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Palmyra Atoll National Wildlife Refuge, U.S. Pacific Island Territory; Nonnative Rat Eradication Project, Final Environmental Impact Statement
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Palmyra Atoll National Wildlife Refuge (Refuge) nonnative rat eradication project final environmental impact statement (FEIS). In the FEIS we describe a range of alternatives for eliminating nonnative rats from Palmyra Atoll (Atoll). We are publishing this notice to inform the public of the proposed action and to announce the availability of the FEIS.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Buena Vista Lake Shrew
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the October 21, 2009, proposed designation of revised critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) (shrew) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed designation of revised critical habitat for the shrew and an amended required determinations section of the proposed rule. We are reopening the comment period for an additional 60 days to allow all interested parties an opportunity to comment simultaneously on the proposed revised critical habitat designation, the associated DEA, and the amended required determinations section. We also announce a public hearing; the public is invited to review and comment on the proposed revised critical habitat designation at the public hearing or in writing. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition and Proposed Rule To Remove the Morelet's Crocodile 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), announce a 12-month finding on a petition and a proposed rule to remove the Morelet's crocodile (Crocodylus moreletii) throughout its range from the Federal List of Endangered and Threatened Wildlife due to recovery. This action is based on a thorough review of the best available scientific and commercial data, including new information that became available after we received the petition, which indicates that the species' status had improved to the point that the Morelet's crocodile is not likely to become threatened within the foreseeable future throughout all or a significant portion of its range. If this proposed rule is finalized, the Morelet's crocodile will remain protected under the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. We are seeking information, data, and comments from the public on this proposed rule.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; National Wildlife Refuge Special Use Permit Applications and Reports
We (U.S. 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 information collection is scheduled to expire on April 30, 2011. 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.
Intent To Prepare a Draft Environmental Impact Statement and Associated Documents for Development in Bexar County and the City of San Antonio, TX
We, the U.S. Fish and Wildlife Service (Service), advise the public that we intend to prepare a draft Environmental Impact Statement (EIS) to evaluate the impacts of, and alternatives to, the proposed issuance of an incidental take permit (ITP)under the Endangered Species Act of 1973, as amended (Act), to Bexar County, Texas, and the City of San Antonio, Texas (applicants). The ITP would authorize incidental take of five Federally listed species resulting from residential, commercial, and other development activities associated with the proposed Southern Edwards Plateau (SEP) Regional Habitat Conservation Plan (RHCP), which includes Bexar and surrounding counties. We also announce plans for a series of public scoping meetings throughout the proposed plan area and the opening of a public comment period.
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; 90-Day Finding on a Petition To List the Smooth-Billed Ani as Threatened or Endangered
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the smooth-billed ani (Crotophaga ani) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition does not present substantial information indicating that listing the species may be warranted. Therefore, we are not initiating a status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the smooth-billed ani or its habitat at any time.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Arapahoe Snowfly as Endangered or Threatened
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Arapahoe snowfly (Capnia arapahoe) as endangered or threatened 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 Arapahoe snowfly 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, which will address whether the petitioned action is warranted under the Act.
General Provisions; Revised List of Migratory Birds
We, the U.S. Fish and Wildlife Service, propose to revise the List of Migratory Birds by both adding and removing species. Reasons for the changes to the list include adding species based on new taxonomy and 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 to conform to accepted use. The net increase of 19 species (23 added and 4 removed) brings the total number of species protected by the Migratory Bird Treaty Act (MBTA) to 1,026. 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 public notification and regulatory purposes.
Endangered and Threatened Wildlife and Plants; Draft Revised Recovery Plan for the Northern Spotted Owl-Appendix C
On September 15, 2010, we, the U.S. Fish and Wildlife Service, announced the availability of the Draft Revised Recovery Plan for the Northern Spotted Owl (Strix occidentalis caurina) for public review and comment. We are reopening the comment period on an updated version of Appendix C of that document, which describes the development of a spotted owl habitat modeling tool.
Endangered and Threatened Wildlife and Plants; 5-Year Status Reviews of Three Species in Washington, Oregon, and California; Reopening of Public Comment Period
We, the U.S. Fish and Wildlife Service, recently initiated 5- year reviews for the Oregon silverspot butterfly (Speyeria zerene hippolyta), northern spotted owl (Strix occidentalis caurina), and Stephanomeria malheurensis (Malheur wire-lettuce) under the Endangered Species Act of 1973, as amended (Act). See SUPPLEMENTARY INFORMATION for details. Because we may not have received some comments submitted by email, we now reopen the comment period. We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of our 5-year reviews we will determine whether these species are properly classified under the Act.
Parker River and Thacher Island National Wildlife Refuges, Essex County, MA; Comprehensive Conservation Plan and Environmental Assessment
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for Parker River and Thacher Island National Wildlife Refuges (NWR). 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 are also announcing public meetings and requesting public comments.
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.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Prairie Chub as Threatened or Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the prairie chub (Macrhybopsis australis) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. The prairie chub is a fish endemic to the upper Red River basin in Oklahoma and Texas. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the prairie chub 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 prairie chub 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, which will address whether the petitioned action is warranted, as provided in the Act.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Hermes Copper Butterfly as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Hermes copper butterfly (Hermelycaena [Lycaena] hermes) as endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing Hermes copper butterfly as endangered or threatened is warranted. Currently, however, listing Hermes copper butterfly is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add Hermes copper butterfly to our candidate species list. We will develop a proposed rule to list Hermes copper butterfly as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. During any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).
Presquile National Wildlife Refuge, Chesterfield County, VA; Comprehensive Conservation Plan and Environmental Assessment
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for Presquile National Wildlife Refuge (NWR) located in Chesterfield County, Virginia, approximately 20 miles south of Richmond on the James River. 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.
Endangered Species 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. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA 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 Spring Mountains Acastus Checkerspot Butterfly as Endangered
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Spring Mountains acastus checkerspot butterfly (Chlosyne acastus robusta) as 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 Spring Mountains acastus checkerspot butterfly 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 the Spring Mountains acastus checkerspot butterfly 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 subspecies. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.
Endangered and Threatened Wildlife and Plants; 44 Marine and Anadromous Taxa: Adding 10 Taxa, Delisting 1 Taxon, Reclassifying 1 Taxon, and Updating 32 Taxa on the List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), are amending the List of Endangered and Threatened Wildlife (List) by adding 10 marine taxa, delisting 1 marine taxon, reclassifying 1 marine taxon, and revising 32 marine taxa in accordance with the Endangered Species Act of 1973, as amended (Act). These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species.
South Farallon Islands Nonnative Mouse Eradication Project; Farallon National Wildlife Refuge, California; Intent To Prepare an Environmental Impact Statement
We, the U.S. Fish and Wildlife Service (Service), advise the public that we intend to gather information necessary to prepare an environmental impact statement (EIS) pursuant to the National Environmental Policy Act (NEPA, for a proposed project to eradicate nonnative mice from the South Farallon Islands, part of the Farallon National Wildlife Refuge off the coast of California. We encourage the public and other agencies to participate in the planning process by sending written comments on management actions that we should consider.
Llano Seco Riparian Sanctuary Unit Restoration and Pumping Plant/Fish Screen Facility Protection Project, California; Intent To Prepare an Environmental Impact Statement
We, the U.S. Fish and Wildlife Service (Service), in coordination with the California Department of Fish and Game (CDFG), are preparing a joint environmental impact statement/environmental impact report (EIS/EIR) for the proposed Llano Seco Riparian Sanctuary Unit Restoration and Pumping Plant/Fish Screen Facility Protection Project, in Glenn and Butte Counties, California. The proposed project includes riparian restoration and protection of the Princeton-Cordora- Glenn and Provident Irrigation Districts (PCGID-PID) pumping plant and fish screen facility. This notice advises the public that we intend to gather information necessary to prepare an EIS pursuant to the National Environmental Policy Act (NEPA). We encourage the public and other agencies to participate in the NEPA scoping process by sending written suggestions and information on the issues and concerns that should be addressed in the draft EIS/EIR, including the range of alternatives, appropriate mitigation measures, and the nature and extent of potential environmental impacts.
Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Three Forks Springsnail and San Bernardino Springsnail, and Proposed Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), propose to list the Three Forks springsnail (Pyrgulopsis trivialis) and the San Bernardino springsnail (Pyrgulopsis bernardina) as endangered under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would extend the Act's protections to these species. We also propose to designate critical habitat for both species under the Act. In total, approximately 4.5 hectares (11.1 acres) are being proposed for designation as critical habitat for Three Forks springnail in Apache County, and approximately 0.815 hectares (2.013 acres) for San Bernardino springsnail in Cochise County, Arizona. We seek information and comments from the public regarding the Three Forks and San Bernardino springsnails and this proposed rule.
Wind Turbine Guidelines Advisory Committee; Teleconference Line Available for Public Meeting
We, the U.S. Fish and Wildlife Service (Service), will host a Wind Turbine Guidelines Advisory Committee (Committee) meeting on April 27, 2011. The meeting is open to the public. This meeting was announced in the Federal Register on April 1, 2011. In-person registration is now closed due to full room capacity. A listen-only teleconference line is now available. The meeting agenda will include a presentation and discussion of the Service's Draft Land-Based Wind Energy Guidelines.
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.
Protection Island and San Juan Islands National Wildlife Refuges, Jefferson, San Juan, Skagit, Island, and Whatcom Counties, WA; Final Comprehensive Conservation Plan, Wilderness Stewardship Plan, and Finding of No Significant Impact for Environmental Assessment
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 (EA) for Protection Island and San Juan Islands National Wildlife Refuges (NWRs). In this final CCP, we describe how we will manage these refuges for the next 15 years.
Migratory Bird Hunting; Proposed 2011-12 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2013 Spring and 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 2011-12 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 2011-12 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 2013 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide 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; Endangered Status for Dunes Sagebrush Lizard
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the December 14, 2010, proposed rule to list the dunes sagebrush lizard (Sceloporus arenicolus) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties another opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We will also hold two public informational sessions and hearings (see DATES and ADDRESSES sections).
Pacific Remote Islands Marine National Monument; Monument Management Plan, Comprehensive Conservation Plans, and Environmental Assessment
We, the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA), intend to prepare the monument management plan (MMP) for the Pacific Remote Islands Marine National Monument (Monument), established by Presidential Proclamation 8336. Additionally, the FWS also intends to prepare new or revised comprehensive conservation plans (CCPs) for the following national wildlife refuges (Refuges) contained therein: Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Palmyra Atoll, and Wake Atoll. When the draft MMP is complete, we will advertise its availability and again seek public comment. We furnish this notice to advise the public and other Federal agencies of our intentions, and to obtain suggestions and information on the scope of issues to consider during the planning process. An environmental assessment (EA) to evaluate the potential effects of various management alternatives will also be prepared. The EA will provide resource managers with the information needed to determine if the potential effects may be significant and warrant preparation of an Environmental Impact Statement (EIS), or if the potential impacts lead to a Finding of No Significant Impact (FONSI).
Marianas Trench Marine National Monument, Commonwealth of the Northern Mariana Islands, et al.; Monument Management Plan, Comprehensive Conservation Plans, and Environmental Assessment
We, the U.S. Fish and Wildlife Service (FWS) and the National Atmospheric and Oceanic Administration (NOAA), intend to prepare the monument management plan (MMP) for the Marianas Trench Marine National Monument (Monument) established by Presidential Proclamation 8335. The MMP will satisfy FWS comprehensive conservation plan (CCP) requirements for two units of the National Wildlife Refuge System (NWRS) contained therein. When the draft MMP is complete, we will advertise its availability and again seek public comment. We furnish this notice to advise the public and other Federal and local agencies of our intentions, and to obtain suggestions and information on the scope of issues to consider during the planning process. An environmental assessment (EA) to evaluate the potential effects of various management alternatives will also be prepared. The EA will provide resource managers with the information needed to determine if the potential effects may be significant and warrant preparation of an Environmental Impact Statement (EIS), or if the potential impacts lead to a Finding of No Significant Impact (FONSI).
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Bearmouth Mountainsnail, Byrne Resort Mountainsnail, and Meltwater Lednian Stonefly as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Bearmouth mountainsnail (Oreohelix species 3), Byrne Resort mountainsnail (Oreohelix species 31), and meltwater lednian stonefly (Lednia tumana) as endangered or threatened, and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing the Bearmouth mountainsnail and the Byrne Resort mountainsnail is not warranted because neither constitutes a valid taxon; therefore, they are not considered to be listable entities under the Act. We find that listing of the meltwater lednian stonefly is warranted. However, currently listing of the meltwater lednian stonefly is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the meltwater lednian stonefly to our candidate species list. We will develop a proposed rule to list the meltwater lednian stonefly as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. During any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Peary Caribou and Dolphin and Union Population of the Barren-Ground Caribou as Endangered or Threatened
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Peary (Rangifer tarandus pearyi) and the Dolphin and Union population of the barren-ground (R. t. groenlandicus x pearyi) caribou 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 and commercial information indicating that the petitioned action may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of these two subspecies to determine if listing these two subspecies is warranted. To ensure that this status review is comprehensive, we request scientific and commercial data and other information regarding these two subspecies. At the conclusion of this review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of 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.
Merritt Island National Wildlife Refuge, Volusia and Brevard Counties, FL; Collection of Entrance Fees
We, the U.S. Fish and Wildlife Service (Service), announce our intent to modify the existing fee collection program at Merritt Island National Wildlife Refuge by adding entrance fees. The proposed entrance fees are $1.00 a day for one person, $5.00 a day for one vehicle, and $15.00 a year for one person. Under the Federal Lands Recreation Enhancement Act (REA), we will identify and post specific visitor fees and begin collecting them. The proposed fees only affect Black Point Wildlife Drive and three improved refuge boat ramps (Bairs Cove, Beacon 42, and Bio Lab). Fees are not required to enter any other portion of the refuge.
Endangered Species; Marine Mammals; 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 require that we invite public comment before issuing these permits.
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) meeting on April 27, 2011. The meeting is open to the public. The meeting agenda will include a presentation and discussion of the Service's Draft Land-Based Wind Energy Guidelines.
Marine Mammals; Incidental Take During Specified Activities
We, the Fish and Wildlife Service (Service), have received an application from the Alaska Department of Transportation and Public Facilities (ADOT&PF) and the Aleutians East Borough for renewal of authorization to take small numbers of marine mammals by harassment incidental to airport construction on Akun Island and hovercraft operation between Akun Island and Akutan, Alaska. In accordance with provisions of the Marine Mammal Protection Act of 1972 (MMPA), as amended, we request comments on our proposed authorization for the applicant to incidentally take, by harassment, small numbers of northern sea otters for a period of 1 year, beginning July 1, 2011. We anticipate no take by injury or death and include none in this proposed authorization, which would be for take by harassment only.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Spring Pygmy Sunfish as Endangered
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the spring pygmy sunfish (Elassoma alabamae) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition and information currently available in our files 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 the petitioned action is warranted. To ensure 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, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.
Endangered and Threatened Wildlife and Plants; Reclassification of the Okaloosa Darter From Endangered to Threatened and Special Rule
We, the U.S. Fish and Wildlife Service (Service), are reclassifying 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 action is based on a thorough review of the best available scientific and commercial data, which indicate a substantial reduction in threats to the species, a significant habitat restoration in most of the species' range, and a stable or increasing trend of darters in all darter stream systems. We also establish a special rule under section 4(d) of the Act. This special rule allows Eglin Air Force Base to continue activities with a reduced regulatory burden and will provide a net benefit to the Okaloosa darter.
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