Fish and Wildlife Service July 2011 – Federal Register Recent Federal Regulation Documents

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 Columbia National Wildlife Refuge (Refuge) for public review and comment. The Draft CCP/ EA describes our proposal and alternatives for managing the Refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the gopher tortoise (Gopherus polyphemus) in the eastern portion of its range (east of the Mobile and Tombigbee Rivers) as threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended. In this finding, we also evaluate whether the status of the gopher tortoise in the western portion of its range (west of the Mobile and Tombigbee Rivers) is accurate. After review of all available scientific and commercial information, we find that the current listing of the gopher tortoise as a threatened species in the western portion of its range is accurate and that listing the gopher tortoise in the eastern portion of its range is warranted. Currently, however, listing the gopher tortoise in the eastern portion of its range is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. We will add the gopher tortoise in the eastern portion of its range to our candidate species list, and we will develop a proposed rule to list the gopher tortoise in the eastern portion of its range as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. In any interim period we will address the status of the candidate taxon through our annual Candidate Notice of Review and will work through partnerships to conserve the species by improving the habitat and removing the threats with the objective to make listing unnecessary. The Service's candidate conservation efforts place great emphasis on coordination with the states and other partners, voluntary conservation efforts, and may include tools such as Candidate Conservation Agreements with Assurances. Even though we are currently unable to take action to list the gopher tortoise in the eastern portion of its range, this does not affect the status of the gopher tortoise in the western portion of its range, where it remains listed as threatened.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Ipomopsis polyantha (Pagosa skyrocket), Penstemon debilis (Parachute beardtongue), and Phacelia submutica (DeBeque phacelia) under the Endangered Species Act of 1973, as amended (Act). Approximately 9,894 acres (4,004 hectares) are being proposed for designation as critical habitat for I. polyantha. Approximately 19,155 acres (7,752 hectares) are being proposed for designation as critical habitat for P. debilis. Approximately 24,987 acres (10,112 hectares) are being proposed for designation as critical habitat for P. submutica. In total, approximately 54,036 acres (21,868 hectares) are being proposed for designation as critical habitat for the three species. The proposed critical habitat is located in Archuleta, Garfield, and Mesa Counties, Colorado.

We, the Fish and Wildlife Service (Service), announce a 12- month finding on a petition to list the frigid ambersnail (Catinella gelida) under the Endangered Species Act of 1973, as amended (Act). After reviewing all available scientific and commercial information, we find that listing the frigid ambersnail is not warranted because currently living individuals that were identified as frigid ambersnails do not constitute a unique and valid, currently living taxon; therefore, it is not considered to be a listable entity under the Act.

The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2011-12 early-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 maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions. This proposed rule also provides the final regulatory alternatives for the 2011-12 duck hunting seasons.

We, the U.S. Fish and Wildlife Service, invite the public to

We, the U. S. Fish and Wildlife Service, have received an application from the AT&T Services, Inc. (applicant) for a 10-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of one Federally listed animal, the California tiger salamander. The applicant would implement a conservation program to minimize and mitigate the project activities, as described in applicant's low-effect habitat conservation plan (Plan). We request comments on the applicant's application and plan, and the preliminary determination that the plan qualifies as a ``low-effect'' habitat conservation plan, eligible for a Categorical Exclusion under the National Environmental Policy Act of 1969, as amended (NEPA). We discuss our basis for this determination in our environmental action statement (EAS), also available for public review.

We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to renew approval for 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 January 31, 2012. 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.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Pinus albicaulis (whitebark pine) as threatened or 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 P. albicaulis as threatened or endangered is warranted. However, currently listing P. albicaulis 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 P. albicaulis to our candidate species list. We will develop a proposed rule to list P. albicaulis as our priorities and funding will allow. We will make any determination on critical habitat during development of the proposed listing rule. In any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Catherine M. and Ronald L. Francis (applicants) for a 5-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of the Federally endangered Morro shoulderband snail (Helminthoglypta walkeriana) incidental to the construction and occupation of a single-family residence on a legal single-family-zoned parcel in the unincorporated community of Los Osos, San Luis Obispo County, California. The applicants would implement a conservation program to minimize and mitigate project activities as described in their low-effect habitat conservation plan. We invite comments from the public on the application, which includes the Francis Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail (HCP) that has been determined to be eligible for a Categorical Exclusion under the National Environmental Policy Act of 1969, as amended (NEPA).

We, the U.S. Fish and Wildlife Service, announce the availability of the draft environmental impact statement and the draft Oncor Electric Delivery Company, LLC habitat conservation plan, under the National Environmental Policy Act of 1969. Oncor has applied for an incidental take permit (TE-40918A-0) under the Endangered Species Act of 1973, as amended, to authorize incidental take of 11 Federally listed species (covered species) in 100 Texas counties.

Under the Endangered Species Act (Act), we, the U.S. Fish and Wildlife Service, announce the receipt and availability of four proposed habitat conservation plans (HCPs) and accompanying documents for four independently proposed developments. The take would involve the Federally endangered Perdido Key beach mouse (Peromyscus polionotus trissyllepsis) on Perdido Key in Escambia County, Florida. Each HCP analyzes the take incidental to construction and occupation of four single-family residences (Projects). We invite public comments on these documents.

We, the U.S. Fish and Wildlife Service (Service) intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for Cold Springs and McKay Creek National Wildlife Refuges, located in Umatilla County, Oregon. 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), have received an application from Kauai Lagoons LLC (KL) (applicant) for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA). The applicant is requesting a 30-year ITP to authorize take of eight bird speciessix endangered, one threatened, and one candidate for listing. The ITP application includes a draft habitat conservation plan (HCP) that describes the actions and measures the applicant will implement to minimize, mitigate, and monitor incidental take of the covered species. The ITP application also includes a draft implementing agreement (IA). The Service also announces the availability of a draft Environmental Assessment (EA) that has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act (NEPA). The Service is making the permit application materials and draft EA available for public review and comment.

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Bay skipper (Euphyes bayensis) as threatened or 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 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.

We, the Fish and Wildlife Service (Service), announce the

We, the U.S. Fish and Wildlife Service (Service), propose to

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 law requires that we invite public comment before issuing these permits. We also correct and reopen the comment period for a previously announced application.

We solicit recommendations on whether the bald eagle (Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos) should be included among other raptors that may be propagated in captivity under Federal raptor propagation permits.

The National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) (collectively the Services) announce the availability of the final Environmental Impact Statement (EIS) associated with the applications received from the City of Kent (Kent), Washington, for Incidental Take Permits (ITPs) under the Endangered Species Act of 1973, as amended (ESA). We also announce the availability of Kent's Clark Springs Water Supply System Habitat Conservation Plan (HCP) and Implementing Agreement (IA). The final EIS addresses the Services' proposed issuance of ITPs to Kent for water withdrawal and habitat restoration actions on Rock Creek, King County, Washington. The proposed ITPs would authorize incidental take of three listed and six unlisted species of fish covered by Kent's Clark Springs Water Supply HCP. This notice provides an opportunity for the public to review the final EIS, HCP, and IA.

We, the U.S. Fish and Wildlife Service (Service), will host a Wind Turbine Guidelines Advisory Committee (Committee) meeting in- person and via webcast. The meeting and webcast are open to the public. The meeting agenda will include a presentation and discussion of the Service's Draft Land-Based Wind Energy Guidelines.