Fish and Wildlife Service October 2011 – Federal Register Recent Federal Regulation Documents
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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.
Wildlife and Hunting Heritage Conservation Council
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Wildlife and Hunting Heritage Conservation Council (Council).
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Conservation Order for Light Geese
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 October 31, 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.
Endangered and Threatened Wildlife and Plants; Removal of the Concho Water Snake From the Federal List of Endangered and Threatened Wildlife and Removal of Designated Critical Habitat
The best available scientific and commercial data indicate that the Concho water snake (Nerodia paucimaculata), a reptile endemic to central Texas, is recovered. Therefore, under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service) remove (delist) the Concho water snake from the Federal List of Endangered and Threatened Wildlife, and accordingly, also remove its federally designated critical habitat. This determination is based on a thorough review of all available information, including new information, which indicates that the threats to this species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of threatened or endangered under the Act. We are also providing notice that the final post-delisting monitoring for the Concho water snake has been completed.
Proposed Establishment of Everglades Headwaters National Wildlife Refuge and Conservation Area; Draft Land Protection Plan and Environmental Assessment
We, the Fish and Wildlife Service (Service), advise the public that we are extending the public comment period for the proposed establishment of the Everglades Headwaters National Wildlife Refuge (NWR) and Conservation Area. If you have previously submitted comments, please do not resubmit them, because we have already incorporated them in the public record and will fully consider them in our final decision.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Lepidium papilliferum (Slickspot Peppergrass)
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our May 10, 2011, proposal to designate critical habitat for Lepidium papilliferum (slickspot peppergrass) 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 and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, and the amended required determinations section. Comments previously submitted on this rulemaking do not need to be resubmitted, as they will be fully considered in preparation of the final rule.
Long Range Transportation Plan for Fish and Wildlife Service Lands in Hawai`i, Idaho, Northern Nevada, Oregon, Washington, and the Pacific Island Territories; Correction
On October 18, 2011, via a Federal Register notice, we, the U.S. Fish and Wildlife Service, announced the availability of the final draft Long Range Transportation Plan (LRTP) for our lands in Hawai`i, Idaho, Northern Nevada, Oregon, Washington, and the Pacific Island Territories (the Service's Region 1) for public review and comment. However, in that notice we gave an incorrect contact phone number, which we now correct. Note that if you already submitted a comment, you need not resubmit it.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Delist the Coastal California Gnatcatcher as Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the coastal California gnatcatcher (Polioptila californica californica) as a threatened species under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition does not present substantial scientific or commercial information to indicate that delisting the coastal California gnatcatcher may be warranted. Therefore, we are not initiating a status review in response to this petition. We also conclude that the coastal California gnatcatcher constitutes a valid subspecies and are no longer considering whether to propose its reclassification to a distinct population segment (DPS) under the Act. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the coastal California gnatcatcher or its habitat at any time.
Endangered and Threatened Wildlife and Plants; Review of Native Species That Are Candidates for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions
In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number (LPN) to each species or to determine that species should be removed from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms) for each candidate species. Overall, this CNOR recognizes three new candidates, changes the LPN for seven candidates, and removes three species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of species that are candidates for listing is 244. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants (Lists) during the period October 1, 2010, through September 30, 2011. We request additional status information that may be available for the 244 candidate species identified in this CNOR.
Endangered and Threatened Wildlife and Plants; Delisting of the Plant Frankenia johnstonii
We, the U.S. Fish and Wildlife Service (Service), notify the public that we are reopening the comment period on the May 22, 2003, proposed rule to remove the plant Frankenia johnstonii (Johnston's frankenia) from the List of Endangered and Threatened Plants (List) under the Endangered Species Act of 1973, as amended (Act). Comments submitted during the 2003 comment period will be considered and do not need to be resubmitted now. However, we invite comments on the new information presented in this announcement relevant to our consideration of the status of F. johnstonii. We encourage those who may have commented previously to submit additional comments, if appropriate, in light of this new information. We are also making available for public review the Draft Post-Delisting Monitoring Plan for F. johnstonii.
Draft Environmental Assessment and Draft Habitat Conservation Plan for Lower Colorado River Authority Transmission Services Corporation in Central Texas
The Lower Colorado River Authority Transmission Services Corporation (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit under the Endangered Species Act of 1973, as amended. The applicant has completed a draft Habitat Conservation Plan (DHCP) as part of the application package. A draft Environmental Assessment (DEA) that evaluates the permit application in accordance with the requirements of the National Environmental Policy Act of 1969 has also been prepared. We are making the permit application package, including the application, DHCP, and DEA, available for public review and comment.
Habitat Conservation Plan/Natural Community Conservation Plan for Yolo County, CA: Environmental Impact Statement
Under the National Environmental Policy Act of 1969, we, the U.S. Fish and Wildlife Service, advise the public that we intend to gather information necessary to prepare, in coordination with the Yolo County Habitat Conservation Plan/Natural Community Conservation Plan Joint Powers Agency (Joint Powers Agency), a joint Environmental Impact Statement/Environmental Impact Report for the Yolo County Natural Heritage Program Habitat Conservation Plan/Natural Community Conservation Plan (Plan). This document is being prepared under the Endangered Species Act of 1973, as amended, and the California Natural Community Conservation Planning Act. The Joint Powers Agency and the local partners intend to apply for a 50-year incidental take permit from the United States Fish and Wildlife Service. This permit is needed to authorize the incidental take of threatened and endangered species that could result from activities covered under the Plan. We announce meetings and invite comments.
Huron, Madison, and Sand Lake Wetland Management District; Comprehensive Conservation Plan
We, the U.S. Fish and Wildlife Service (Service), announce that our draft comprehensive conservation plan (CCP) and environmental assessment (EA) for the Huron, Madison, and Sand Lake Wetland Management Districts is available. This draft CCP/EA describes how the Service intends to manage these wetland management districts for the next 15 years.
Fisheries and Habitat Conservation; Draft Environmental Impact Statement for the Proposed Demolition of the Ballville Dam on the Sandusky River, Fremont, OH
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 the proposed demolition of the Ballville Dam, located on the Sandusky River, near the City of Fremont in Sandusky County, Ohio. We are also announcing a public meeting and requesting public comments.
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 requires that we invite public comment before issuing these permits.
Endangered Species; Marine Mammals; Issuance of Permits
We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).
Notice of Availability of a Draft Environmental Assessment and Receipt of an Application for an Incidental Take Permit for Karner Blue Butterfly and Frosted Elfin From National Grid
Pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.) and the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.) the U.S. Fish and Wildlife Service (Service or ``we'') announce the availability of an application for an incidental take permit and the associated habitat conservation plan (HCP) from National Grid (NG), Syracuse, New York, and draft environmental assessment (EA) for public review and comment. We received the permit application from NG for incidental take of federally listed Karner blue butterfly (Lycaeides melissa samuelis) and unlisted frosted elfin (Callophyrs irus) (should this species become listed in the future) over the next 50 years during operations, maintenance, and construction activities associated with electric and natural gas facilities within portions of Albany, Oneida, Schenectady, Saratoga, and Warren Counties, New York. We prepared a draft EA that describes the proposed action and possible alternatives and analyzes the effects of alternatives on the human environment. We provide this notice to: (1) Seek public comments on the proposed HCP; (2) seek public comments on the scope of issues and alternatives considered in the draft EA and our consideration as to whether the draft EA supports a Finding of No Significant Impact under NEPA; and (3) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare a final EA. The proposed HCP and EA are being made available during a 60-day comment period. To ensure consideration, we must receive your written comments by December 19, 2011.
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for the Tidewater Goby
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 12,157 acres (4,920 hectares) are being proposed for designation as critical habitat. The proposed revised critical habitat is located in Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, and San Diego Counties, California.
Iroquois National Wildlife Refuge, Genesee County and Orleans County, NY; Final Comprehensive Conservation 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 Iroquois National Wildlife Refuge (NWR, refuge), Genesee County and Orleans County, New York. In this final CCP, we describe how we will manage this refuge for the next 15 years.
Long Range Transportation Plan for Fish and Wildlife Service Lands in Hawai`i, Idaho, Northern Nevada, Oregon, Washington, and the Pacific Island Territories
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final draft Long Range Transportation Plan (LRTP) for Fish and Wildlife Service Lands in Hawai`i, Idaho, Northern Nevada, Oregon, Washington, and the Pacific Island Territories (the Service's Region 1) for public review and comment. The Draft LRTP outlines a strategy for improving and maintaining transportation assets that provide access to Service-managed lands in Region 1 over the next 20 years.
Endangered and Threatened Wildlife and Plants; Recovery Permit Application
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on the following application for a recovery permit to conduct enhancement of survival activities with endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits activities with endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.
Endangered and Threatened Wildlife and Plants; Draft Revised Recovery Plan, First Revision, for Lost River Sucker and Shortnose Sucker
We, the Fish and Wildlife Service, announce the availability of our draft revised recovery plan, first revision, for Lost River sucker and shortnose sucker under the Endangered Species Act of 1973, as amended (Act). These fish species are found in southern Oregon and northern California. We are revising this plan because a substantial amount of new information is available related to recovery of both species, making it appropriate to incorporate new information into the recovery program. We request review and comment from local, State, and Federal agencies and the public. We will also accept any new information on the species' status throughout their ranges.
White River National Wildlife Refuge, AR; Draft Comprehensive Conservation Plan and Environmental Assessment
We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for White River National Wildlife Refuge (NWR) in Desha, Monroe, Phillips, and Arkansas Counties, Arkansas, for public review and comment. In this Draft CCP/ EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the final CCP.
Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; Duke Energy Corp., Gibson County, IN
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application 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.
Draft Environmental Impact Statement and Multi-Species Habitat Conservation Plan; Receipt of Application for Incidental Take Permit; NiSource, Inc.
We, the U.S. Fish and Wildlife Service (Service), are extending the public comment period on all documents related to NiSource, Inc.'s application for an incidental take permit under the Endangered Species Act of 1973 (ESA). We announced receipt of the application and availability of documents in our July 13, 2011, Federal Register notice, which also opened a 90-day public comment period. If you have previously submitted comments, please do not resubmit them, because we have already incorporated them in the public record and will fully consider them in our final decision.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List a Distinct Population Segment of the Red Tree Vole as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list a distinct population segment of the red tree vole (Arborimus longicaudus) as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). The Petition provided three listing options for the Service to consider: Listing the dusky tree vole subspecies throughout its range; listing the North Oregon Coast population of the red tree vole (Arborimus longicaudus) as a distinct population segment (DPS); or listing the red tree vole because it is endangered or threatened in a significant portion of its range. After review of the best available scientific and commercial information, we have determined that listing the North Oregon Coast population of the red tree vole as a DPS is warranted. However, the development of a proposed listing rule 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 this DPS of the red tree vole to our candidate species list. We will develop a proposed rule to list this DPS of the red tree vole 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 (CNOR).
Endangered and Threatened Species 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 or threatened species. The Endangered Species Act of 1973, as amended (Act), prohibits activities with endangered and threatened species unless a Federal permit allows such activities. The Act and the National Environmental Policy Act also require that we invite public comment before issuing these permits.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Northern Leatherside Chub as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the northern leatherside chub (Lepidomeda copei) 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 northern leatherside chub rangewide is not warranted at this time. We ask the public to submit to us any new information that becomes available concerning the threats to the northern leatherside chub or its habitat at any time.
Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding, Proposed Listing of Coquí Llanero as Endangered, and Designation of Critical Habitat for Coquí Llanero
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the coqu[iacute] llanero (Eleutherodactylus juanariveroi), an endemic Puerto Rican tree frog, as endangered under the Endangered Species Act of 1973, as amended (Act) and to designate critical habitat. After review of all available scientific and commercial information, we find that listing the coqu[iacute] llanero as an endangered species under the Act is warranted. Accordingly, we propose to list the coqu[iacute] llanero as an endangered species throughout its range and designate critical habitat for the species pursuant to the Act. In total, we propose approximately 615 acres (249 hectares) of a freshwater wetland for designation as critical habitat. The proposed critical habitat is located in Sabana Seca Ward, Toa Baja, Puerto Rico. This proposed rule, if made final, would extend the Act's protections to this species. The Service seeks data and comments from the public on this proposed listing rule and the designation of critical habitat for the species.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Two South American Parrot Species
We, the U.S. Fish and Wildlife Service, announce a status review (12-month finding) on a petition to list the blue-headed macaw (Primolius couloni) and grey-cheeked parakeet (Brotogeris pyrrhoptera) 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 blue-headed macaw or grey-cheeked parakeet 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 these species or their habitat at any time.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Cumberland Darter, Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace
We, the U.S. Fish and Wildlife Service (Service), propose critical habitat for the Cumberland darter (Etheostoma susanae), rush darter (Etheostoma phytophilum), yellowcheek darter (Etheostoma moorei), chucky madtom (Noturus crypticus), and laurel dace (Chrosomus saylori) under the Endangered Species Act of 1973, as amended (Act). Approximately 85 river kilometers (rkm) (53 river miles (rmi)) are being proposed for designation of critical habitat for the Cumberland darter in McCreary and Whitley Counties, Kentucky, and Campbell and Scott Counties, Tennessee; 42 rkm (27 rmi) and 19 hectares (ha) (22 acres (ac)) are being proposed for designation of critical habitat for the rush darter in Etowah, Jefferson, and Winston Counties, Alabama; 157 rkm (98 rmi) are being proposed for designation of critical habitat for the yellowcheek darter in Cleburne, Searcy, Stone, and Van Buren Counties, Arkansas; 32 rkm (20 rmi) are being proposed for designation of critical habitat for the chucky madtom in Greene County, Tennessee; and 42 rkm (26 rmi) are being proposed for designation of critical habitat for the laurel dace in Bledsoe, Rhea, and Sequatchie Counties, Tennessee.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition and Proposed Rule To List the Yellow-Billed Parrot
We, the U.S. Fish and Wildlife Service, propose to list as threatened the yellow-billed parrot (Amazona collaria) under the Endangered Species Act of 1973, as amended (Act). We are taking this action in response to a petition to list this species as endangered or threatened under the Act. This document, which also serves as the completion of the status review and as the 12-month finding on the petition, announces our finding that listing is warranted for the yellow-billed parrot. If we finalize this rule as proposed, it would extend the Act's protections to this species. We also propose a special rule for the yellow-billed parrot in conjunction with our proposed listing as threatened for this species. We seek information from the public on this proposed rule and status review for this species.
Endangered and Threatened Wildlife and Plants; 12-Month Finding for a Petition To List the California Golden Trout as Endangered
We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list the California golden trout (Oncorhynchus mykiss aguabonita) as 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 California golden trout 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 California golden trout or its habitat at any time.
Endangered and Threatened Wildlife and Plants; Endangered Status for the Altamaha Spinymussel and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service, list the Altamaha spinymussel (Elliptio spinosa), a freshwater mussel endemic to the Altamaha River drainage of southeastern Georgia, as an endangered species under the Endangered Species Act of 1973, as amended (Act), and designate approximately 237.4 kilometers (km) (147.5 miles (mi)) of mainstem river channel as critical habitat in Appling, Ben Hill, Coffee, Jeff Davis, Long, Montgomery, Tattnall, Telfair, Toombs, Wayne, and Wheeler Counties, Georgia. This final rule will implement the Federal protections provided by the Act.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Tehachapi Slender Salamander as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Tehachapi slender salamander (Batrachoseps stebbinsi) 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 Tehachapi slender salamander is not warranted. However, we ask the public to submit to us any new information that becomes available concerning threats to the Tehachapi slender salamander or its habitat at any time.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Amoreuxia gonzalezii, Astragalus hypoxylus, and Erigeron piscaticus as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Amoreuxia gonzalezii (Santa Rita yellowshow), Astragalus hypoxylus (Huachuca milk-vetch), and Erigeron piscaticus (Fish Creek fleabane) as endangered or threatened with critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of the best scientific and commercial information available, we find that listing Amoreuxia gonzalezii, Astragalus hypoxylus, and Erigeron piscaticus 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 Amoreuxia gonzalezii, Astragalus hypoxylus, and Erigeron piscaticus or their habitats at any time.
Savannah National Wildlife Refuge Complex, GA and SC; Final Comprehensive Conservation Plan and Finding of No Significant Impact for Environmental Assessment
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 Savannah Coastal National Wildlife Refuge Complex (Complex). The Complex consists of the following refuges: Pinckney Island NWR in Beaufort County, South Carolina; Savannah NWR in Chatham and Effingham Counties, Georgia, and Jasper County, South Carolina; Tybee NWR in Jasper County, South Carolina; Wassaw NWR in Chatham County, Georgia; and Blackbeard Island NWR off the coast of McIntosh County, Georgia. In the final CCP, we describe how we will manage these refuges for the next 15 years.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Black-footed Albatross as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the black-footed albatross (Phoebastria nigripes) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). The petitioners provided three listing options for consideration by the Service: Listing the black- footed albatross throughout its range; listing the Hawaiian Islands breeding population of the black-footed albatross as a Distinct Population Segment (DPS); or listing the Japanese Islands breeding population of the black-footed albatross as a DPS. After a review of the best available scientific and commercial information, we find that listing the black-footed albatross rangewide is not warranted at this time. We find that the Hawaiian Islands breeding population and the Japanese Islands breeding population are separate DPSs, as defined by DPS policy. However, we further find that neither the Hawaiian Islands DPS nor the Japanese Islands DPS of the black-footed albatross warrants listing at this time. We ask the public to submit to us any new information that becomes available concerning the threats to the black- footed albatross or its habitat at any time.
Endangered and Threatened Wildlife and Plants; Red-Crowned Parrot
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the red-crowned parrot (Amazona viridigenalis) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing the red-crowned parrot as endangered or threatened is warranted. Currently, however, listing the red-crowned parrot 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 red- crowned parrot to our candidate species list. We will develop a proposed rule to list the red-crowned parrot 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).
Draft Conservation Plan and Draft Environmental Assessment; Dunes Sagebrush Lizard, Texas
The Texas Comptroller of Public Accounts (Applicant) has applied for an Enhancement of Survival Permit under the Endangered Species Act (Act) of 1973, as amended. The permit application includes the draft Texas Conservation Plan for the Dunes Sagebrush Lizard (TCP). The draft TCP will function as a Candidate Conservation Agreement with Assurances between the U.S. Fish and Wildlife Service (Service) and the Applicant for the dunes sagebrush lizard (Sceloporus arenicolus) throughout its range in Texas. The Applicant proposes to implement conservation measures for this species by removing threats to its survival and protecting its habitat. If the dunes sagebrush lizard becomes listed in the future, the draft TCP will also serve as a Habitat Conservation Plan (HCP) in support of future applications for Incidental Take Permits under the Act. The draft TCP and the draft Environmental Assessment (EA) are available for public review, and we seek public comment on the potential issuance of the above permits.
Endangered and Threatened Wildlife and Plants; Endangered Status for the Ozark Hellbender Salamander
We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for the Ozark Hellbender (Cryptobranchus alleganiensis bishopi), a subspecies found in northern Arkansas and southern Missouri. This final rule implements the Federal protections provided by the Act for this species. We have also determined that the designation of critical habitat for the Ozark Hellbender is not prudent. The final rule for the CITES Appendix III listing for the Ozark and Eastern Hellbender is being published concurrently in today's Federal Register.
Inclusion of the Hellbender, Including the Eastern Hellbender and the Ozark Hellbender, in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
We, the U.S. Fish and Wildlife Service (Service), are listing the hellbender (Cryptobranchus alleganiensis), a large aquatic salamander, including its two subspecies, the eastern hellbender (Cryptobranchus alleganiensis alleganiensis) and the Ozark hellbender (Cryptobranchus alleganiensis bishopi), in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or Convention). This listing includes live and dead whole specimens, and all readily recognizable parts, products, and derivatives of this species and its subspecies. Listing hellbenders in Appendix III of CITES is necessary to allow us to adequately monitor international trade in the taxon; to determine whether exports are occurring legally, with respect to State law; and to determine whether further measures under CITES or other laws are required to conserve this species and its subspecies.
Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition To List 404 Species in the Southeastern United States as Threatened or Endangered With Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce a partial 90-day finding on a petition to list 404 species in the southeastern United States 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 for 11 of the 404 species: Sarah's hydroptila caddisfly (Hydroptila sarahae), Rogue Creek hydroptila caddisfly (Hydroptila okaloosa), Florida brown checkered summer sedge (Polycentropus floridensis), Florida fairy shrimp (Dexteria floridana), South Florida rainbow snake (Farancia erytrogramma seminola), Ouachita creekshell (Villosa arkansasensis), crystal darter (Crystallaria asprella), spotted darter (Etheostoma maculatum), Florida bog frog (Rana okaloosae), Greensboro burrowing crayfish (Cambarus catagius), and Blood River crayfish (Orconectes burri), the petition does not present substantial scientific or commercial information indicating that listing may be warranted at this time. Therefore, we are not initiating a status review for these 11 species. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, these 11 species or their habitat at any time.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Mohave Ground Squirrel as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Mohave ground squirrel (Spermophilus mohavensis) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the Mohave ground squirrel 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 threats to the Mohave ground squirrel or its habitat at any time.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Texas Fatmucket, Golden Orb, Smooth Pimpleback, Texas Pimpleback, and Texas Fawnsfoot as Threatened or Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list five mussel species in Texas as threatened or endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). The five species are Texas fatmucket (Lampsilis bracteata), golden orb (Quadrula aurea), smooth pimpleback (Q. houstonensis), Texas pimpleback (Q. petrina), and Texas fawnsfoot (Truncilla macrodon). After review of all available scientific and commercial information, we find that listing these five mussel species is warranted. Currently, however, listing of these species is precluded by higher priority actions to amend the Federal Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add these five species to our candidate species list. We will develop a proposed rule to list these species 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 taxa through our annual Candidate Notice of Review.
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 law requires that we invite public comment before issuing these permits.
Incidental Take Permit; Auwahi Wind Energy Generation Facility, Maui, HI; Draft Habitat Conservation Plan and Draft Environmental Assessment
Auwahi Wind Energy LLC (applicant), a subsidiary of Sempra Generation, has submitted an application to the U.S. Fish and Wildlife Service (Service) for an incidental take permit under the Endangered Species Act of 1973, as amended (ESA). The applicant is requesting an incidental take permit pursuant to the ESA to authorize take of two endangered Hawaiian bird species, one bat species, and one moth species. The permit application includes a draft Habitat Conservation Plan (HCP) describing the applicant's actions and the measures the applicant will implement to minimize, mitigate, and monitor incidental take of the Covered Species, and 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 requirements of the National Environmental Policy Act (NEPA). We are making the permit application package and draft EA available for public review and comment.
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Marbled Murrelet
We, the U.S. Fish and Wildlife Service (Service), are revising designated critical habitat for marbled murrelet (Brachyramphus marmoratus marmoratus) pursuant to the Endangered Species Act of 1973, as amended (Act). On May 24, 1996, we designated 3,887,800 ac (ac) (1,573,340 hectares (ha)) as critical habitat for the marbled murrelet in Washington, Oregon, and California. We are revising the designated critical habitat for the marbled murrelet by removing approximately 189,671 ac (76,757 ha) in northern California and southern Oregon from the 1996 designation, based on new information indicating that these areas do not meet the definition of critical habitat. The areas being removed from the 1996 designation in northern California are within Inland Zone 2, where we have no historical or current survey records documenting marbled murrelet presence. Intensive surveys in southern Oregon indicate the inland distribution of the marbled murrelet is strongly associated with the hemlock/tanoak habitat zone, rather than distance from the coast. Accordingly, the areas being removed in southern Oregon are limited to those areas not associated with the hemlock/tanoak zone. The areas being removed are not considered essential for the conservation of the species. Approximately 3,698,100 ac (1,497,000 ha) of critical habitat is now designated for the marbled murrelet. In this rule, we are also finalizing the taxonomic revision of the scientific name of the marbled murrelet from Brachyramphus marmoratus marmoratus to Brachyramphus marmoratus.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Cactus Ferruginous Pygmy-Owl as Threatened or Endangered With Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) as threatened or endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). Additionally, the petition requested that we recognize and list a western subspecies of the cactus ferruginous pygmy-owl (Glaucidium ridgwayi cactorum), or, alternatively, two potential distinct population segment (DPS) configurations. After review of all available scientific and commercial information, we find that Glaucidium ridgwayi cactorum is not a valid taxon, and, therefore, not a listable entity under the Act. Additionally, using the currently accepted taxonomic classification of the pygmy-owl (Glaucidium brasilianum cactorum), we find that listing the pygmy-owl is not warranted at this time throughout all or a significant portion of its range, including the petitioned and other potential DPS configurations. However, we ask the public to submit to us at any time any new information concerning the taxonomy or status of the pygmy-owl, as well as any new information on the threats to the pygmy-owl or its habitat.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List 29 Mollusk Species as Threatened or Endangered With Critical Habitat
We, the U.S. Fish and Wildlife Service announce a 90-day finding on a petition to list 29 mollusk species and subspecies 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 26 of the 29 species and subspecies may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the 26 species and subspecies to determine if listing any of them is warranted. To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding these 26 species and 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 the Act.
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