Fish and Wildlife Service 2011 – Federal Register Recent Federal Regulation Documents
Results 151 - 200 of 483
Endangered and Threatened Wildlife and Plants; Bald Eagles Nesting in Sonoran Desert Area of Central Arizona Removed From the List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), are issuing a final rule to comply with a court order that removed regulatory protections under the Endangered Species Act of 1973, as amended (Act), for the bald eagles nesting in the Sonoran Desert area of central Arizona. On July 9, 2007, we published a final rule to remove bald eagles in the lower 48 States from the List of Endangered and Threatened Wildlife (List) due to recovery. However, the United States District Court for the District of Arizona, by order dated March 6, 2008, enjoined the Service from removing the bald eagles nesting in the Sonoran Desert area of central Arizona from the threatened species list under the Act pending the Service's status review and 12-month finding on a petition to classify the bald eagles nesting in the Sonoran Desert area of central Arizona as a distinct population segment (DPS), list this DPS as endangered, and designate critical habitat. On May 1, 2008, to conform to the court's order, we published a final rule listing the potential Sonoran Desert bald eagle DPS as threatened under the Act. On February 25, 2010, the Service published its 12-month finding determining that the bald eagles nesting in the Sonoran Desert area of central Arizona did not qualify as a DPS and were, therefore, not a listable entity under the Act. On September 30, 2010, as a result of the Service's completed status review and publication of the 12-month finding, the United States District Court for the District of Arizona lifted the injunction. We are issuing this final rule to amend the regulations for the Federal Lists of Endangered and Threatened Wildlife by removing the bald eagles nesting in the Sonoran Desert area of central Arizona from the list. This action amends the CFR to reflect the September 30, 2010, court order.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Early Season
This rule prescribes special early-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of tribal authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting and Webcast
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 revised Draft Land-Based Wind Energy Guidelines. The revised Draft incorporates changes based on public comment and recommendations from the Committee.
Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2011-12 season.
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) prohibit 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 All Chimpanzees (Pan troglodytes) as Endangered
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list all chimpanzees (Pan troglodytes) 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 all chimpanzees as endangered 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 entire species as endangered 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.
Supawna Meadows National Wildlife Refuge, Salem County, NJ; 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 Supawna Meadows National Wildlife Refuge (NWR), Salem County, New Jersey. In this final CCP, we describe how we will manage this refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Sonoma County Distinct Population Segment of California Tiger Salamander
We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the Sonoma County distinct population segment of the California tiger salamander (Ambystoma californiense) (Sonoma California tiger salamander) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 47,383 acres (19,175 hectares) of land are being designated as revised critical habitat for the Sonoma California tiger salamander.
Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations
This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2011-12 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the early-season migratory bird hunting regulations.
Endangered and Threatened Wildlife and Plants; Notice of Availability of a Revised Recovery Plan for the Mojave Population of the Desert Tortoise (Gopherus agassizii)
We, the Fish and Wildlife Service (Service), announce the availability of a revised recovery plan for the Mojave population of the desert tortoise under the Endangered Species Act of 1973, as amended (Act). This species is found in the Mojave and Sonoran deserts in southern California, southern Nevada, Arizona, and the southwestern tip of Utah in the United States, as well as in Sonora and northern Sinaloa in Mexico. The listed Mojave population of the desert tortoise includes those animals living north and west of the Colorado River in the Mojave Desert of California, Nevada, Arizona, and southwestern Utah, and in the Sonoran (Colorado) Desert in California.
Endangered and Threatened Wildlife and Plants; Revising the List of Endangered and Threatened Wildlife for the Gray Wolf (Canis lupus) in the Eastern United States
On May 5, 2011, we, the U.S. Fish and Wildlife Service (Service), published a proposed rule to reevaluate the listing of the Minnesota population of gray wolves (Canis lupus) and revise the listing to conform to current statutory and policy requirements (76 FR 26086). In that proposed rule, we recognized recent taxonomic information indicating that the gray wolf subspecies Canis lupus lycaon should be elevated to the full species C. lycaon. We proposed to identify the Minnesota population as a Western Great Lakes (WGL) Distinct Population Segment (DPS) of the gray wolf and to remove this DPS from the List of Endangered and Threatened Wildlife. We also proposed to revise the range of the gray wolf (the species C. lupus) by removing all or parts of 29 eastern States, which, based in part on recognition of C. lycaon, were not part of the historical range of the gray wolf. We announce the reopening of the comment period for our May 5, 2011, proposed rule to provide for public review and comment of additional information regarding our recognition of C. lycaon as a separate species. We seek information, data, and comments from the public with respect to new information relevant to the taxonomy of wolves in North America. In addition we are making a correction to our May 5, 2011, proposed rule and notifying the public that we are considering concluding that proposed rule with two or more final rules.
Endangered and Threatened Wildlife and Plants; Termination of the Southern Sea Otter Translocation Program
We, the U.S. Fish and Wildlife Service (Service), propose to remove the regulations that govern the southern sea otter (Enhydra lutris nereis) translocation program, including the establishment of an experimental population of southern sea otters, and all associated management actions. We are also proposing to amend the Authority citation for 50 CFR part 17 by removing the reference to Public Law 99- 625, the statute that authorized the Secretary to promulgate regulations establishing the southern sea otter translocation program. Removal of the regulations will terminate the program. We are proposing this action because we believe that the southern sea otter translocation program has failed to fulfill its purpose, as outlined in the southern sea otter translocation plan, and that our recovery and management goals for the species cannot be met by continuing the program. Our conclusion is based, in part, on an evaluation of the program against specific failure criteria established at the program's inception. This proposed action would terminate the designation of the experimental population of southern sea otters, abolish the southern sea otter translocation and management zones, and eliminate the current requirement to remove southern sea otters from San Nicolas Island and the management zone. This proposed rule would also eliminate future actions, required under the current regulations, to capture and relocate southern sea otters for the purpose of establishing an experimental population, and to remove southern sea otters in perpetuity from an ``otter-free'' management zone. As a result, it would allow southern sea otters to expand their range naturally into southern California waters. We have prepared a revised draft supplemental environmental impact statement (SEIS) and an initial regulatory flexibility analysis (IRFA) to accompany this proposed rule.
Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations
The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2011-12 late-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.
North American Waterfowl Management Plan
We, the Fish and Wildlife Service, announce the availability of the draft North American Waterfowl Management Plan Revision (draft Plan Revision) for public review. We request review and comment on the draft Plan Revision from local, State, and Federal agencies; nongovernment conservation organizations; and the public. The draft Plan Revision, which was developed in close consultation with the waterfowl management community, provides a framework for waterfowl management in the 21st century.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Astragalus lentiginosus var. coachellae
We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for Astragalus lentiginosus var. coachellae (Coachella Valley milk-vetch) under the Endangered Species Act of 1973, as amended (Act). In total, we are proposing approximately 25,704 acres (10,402 hectares) as critical habitat for this taxon in Riverside County, California.
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.
Kawailoa Wind Energy Generation Facility, Oahu, HI; Draft Habitat Conservation Plan and Draft Environmental Assessment
We, the U.S. Fish and Wildlife Service (Service), have received an application from Kawailoa Wind Power LLC (applicant), a subsidiary of First Wind LLC, for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA). The applicant is requesting a 20-year ITP pursuant to the ESA to authorize take of six speciesfour endangered birds, one threatened bird, and one endangered mammal (collectively these six species are hereafter referred to as the ``Covered 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, 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 requirements of the National Environmental Policy Act (NEPA). The Service is making the permit application package and draft EA available for public review and comment.
Application for an Incidental Take Permit for the Madison Cave Isopod From Dominion Virginia Power; Low-Effect Habitat Conservation Plan
Pursuant to the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service or ``we'') announces the availability of an application for an Incidental Take Permit (ITP) and a proposed Low-Effect Habitat Conservation Plan (LEHCP) from Dominion Virginia Power for public review and comment. We received the permit application from Dominion Virginia Power for incidental take of the Madison Cave isopod during construction of a new natural gas-fired combined-cycle power station in Warren County, Virginia, extending over the next 9 years, until 2020. Our preliminary determination is that the Habitat Conservation Plan (HCP) qualifies as a low-effect plan under NEPA. To make this determination, we used our LEHCP Screening Form/Environmental Action Statement (EAS), which is also available for review. We provide this notice to (1) seek public comments on the proposed HCP and application; (2) seek public comments on our preliminary determination that the HCP qualifies as a low-effect plan and is therefore eligible for a categorical exclusion under NEPA; and (3) advise other Federal and State agencies, affected Tribes, and the public of our intent to issue an ITP.
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; U.S. Captive-Bred Inter-Subspecific Crossed or Generic Tigers
We, the U.S. Fish and Wildlife Service (Service), propose to amend the regulations that implement the Endangered Species Act (Act) by removing inter-subspecific crossed or generic tiger (Panthera tigris) (i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies from the list of species that are exempt from registration under the Captive-bred Wildlife (CBW) regulations. The exemption currently allows those individuals or breeding operations who want to conduct otherwise prohibited activities, such as take, interstate commerce, and export, under the Act with U.S. captive-bred, live inter-subspecific crossed or generic tigers to do so without becoming registered. We are proposing this change to the regulations to strengthen control over captive breeding of tigers in the United States to ensure that such breeding supports the conservation of the species in the wild consistent with the purposes of the Act. The inter-subspecific crossed or generic tigers remain listed as endangered under the Act, and a person would need to obtain authorization under the current statutory and regulatory requirements to conduct any otherwise prohibited activities with them.
Keālia Pond National Wildlife Refuge (NWR) and Kakahai'a NWR, Maui County, HI; Draft Comprehensive Conservation Plan and Environmental Assessment
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plans and environmental assessments (Draft CCPs/EAs) for the Ke[amacr]lia Pond and Kakahai'a National Wildlife Refuges (Refuges), for public review and comment. The Draft CCPs/EAs describe our proposals for managing the Refuges for the next 15 years.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Delist the Valley Elderberry Longhorn Beetle
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to delist the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) 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 delisting the valley elderberry longhorn beetle may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species to determine if delisting is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding the valley elderberry longhorn beetle. Based on this status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted under section 4(b)(3)(B) of the Act.
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).
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 the Leona's Little Blue Butterfly as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Leona's little blue butterfly, Philotiella leona, 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 the Leona's little blue butterfly 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 Leona's little blue butterfly 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 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.
Endangered and Threatened Wildlife and Plants; Removal of the Lake Erie Watersnake (Nerodia sipedon insularum) From the Federal List of Endangered and Threatened Wildlife
Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), are removing the Lake Erie watersnake (Nerodia sipedon insularum) from the Federal List of Endangered and Threatened Wildlife due to recovery. This action is based on a review of the best available scientific and commercial data, which indicate that the subspecies is no longer endangered or threatened with extinction, or likely to become so within the foreseeable future.
Draft Comprehensive Conservation Plan and Draft Environmental Impact Statement, Arctic National Wildlife Refuge, Fairbanks, AK
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan (CCP) and draft environmental impact statement (DEIS) for the Arctic National Wildlife Refuge (Refuge) for public review and comment. In this document, we describe goals and objectives, management direction, and alternatives to manage the Refuge for the 15 years following approval of the final CCP. Also available for review in the document are draft compatibility determinations, a draft wilderness review, and a draft wild and scenic river review prepared in association with the CCP, as well as supporting documents required by the National Environmental Policy Act (NEPA).
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for Southwestern Willow Flycatcher
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the southwestern willow flycatcher (Empidonax traillii extimus) (flycatcher) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 3,364 km stream kilometers (2,090 stream miles) are being proposed for designation as critical habitat. These areas are being proposed as stream segments, with the lateral extent including the riparian areas and streams that occur within the 100-year floodplain or flood-prone areas. The proposed critical habitat is located on a combination of Federal, State, Tribal, and private lands in Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, Santa Barbara, San Bernardino, San Diego, and Ventura Counties in California; Clark, Lincoln, and Nye Counties in southern Nevada; Kane, San Juan, and Washington Counties in southern Utah; Alamosa, Conejos, Costilla, La Plata, and Rio Grande Counties in southern Colorado; Apache, Cochise, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, Yavapai, and Yuma Counties in Arizona; and Catron, Cibola, Dona Ana, Grant, Hidalgo, McKinley, Mora, Rio Arriba, Santa Fe, San Juan, Sierra, Soccoro, Taos, and Valencia Counties in New Mexico.
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.
Willapa National Wildlife Refuge, Pacific County, WA; Final Comprehensive Conservation Plan and Environmental Impact Statement
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan and environmental impact statement (Final CCP/EIS) for the Willapa National Wildlife Refuge (Refuge). In this final CCP/EIS, we describe how we propose to manage this Refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Listing Six Foreign Birds as Endangered Throughout Their Range
We, the U.S. Fish and Wildlife Service, determine endangered status for the following six foreign species found on islands in French Polynesia and in Europe, Southeast Asia, and Africa: Cantabrian capercaillie (Tetrao urogallus cantabricus); Marquesan imperial pigeon (Ducula galeata); the Eiao Marquesas reed-warbler (Acrocephalus percernis aquilonis), previously referred to as (Acrocephalus mendanae aquilonis); greater adjutant (Leptoptilos dubius); Jerdon's courser (Rhinoptilus bitorquatus); and slender-billed curlew (Numenius tenuirostris), under the Endangered Species Act of 1973 (Act), as amended. This final rule implements the Federal protections provided by the Act for these species.
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Saltmarsh Topminnow as Threatened or Endangered Under the Endangered Species Act
We (NMFS and USFWS; also collectively referred to as the Services) announce a 90-day finding on a petition to list the saltmarsh topminnow (topminnow; Fundulus jenkinsi) as threatened or endangered under the Endangered Species Act (ESA). We find that the petition presents substantial scientific information indicating that the petitioned action may be warranted. We will conduct a status review of the species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data on the species (see below).
Endangered and Threatened Wildlife and Plants; Proposed Listing of the Miami Blue Butterfly as Endangered, and Proposed Listing of the Cassius Blue, Ceraunus Blue, and Nickerbean Blue Butterflies as Threatened Due to Similarity of Appearance to the Miami Blue Butterfly
We, the U.S. Fish and Wildlife Service (Service), propose to list the Miami blue butterfly (Cyclargus thomasi bethunebakeri) as endangered under the Endangered Species Act of 1973, as amended (Act). An emergency rule listing this subspecies as endangered for 240 days is published concurrently in this issue of the Federal Register. We also propose to list the cassius blue butterfly (Leptotes cassius theonus), ceraunus blue butterfly (Hemiargus ceraunus antibubastus), and nickerbean blue butterfly (Cyclargus ammon) as threatened due to similarity of appearance to the Miami blue, with a special rule pursuant to section 4(d) of the Act. We solicit additional data, information, and comments that may assist us in making a final decision on this proposed action.
Endangered and Threatened Wildlife and Plants; Emergency Listing of the Miami Blue Butterfly as Endangered, and Emergency Listing of the Cassius Blue, Ceraunus Blue, and Nickerbean Blue Butterflies as Threatened Due to Similarity of Appearance to the Miami Blue Butterfly
We, the Fish and Wildlife Service (Service), exercise our authority pursuant to section 4(b)(7) of the Endangered Species Act of 1973, as amended (Act), to emergency list the Miami blue butterfly (Cyclargus thomasi bethunebakeri) as endangered. This subspecies is currently known to occur at only a few small remote islands within the Florida Keys. Current population numbers are not known, but are estimated in the hundreds of butterflies. We are also emergency listing the cassius blue butterfly (Leptotes cassius theonus), ceraunus blue butterfly (Hemiargus ceraunus antibubastus), and nickerbean blue butterfly (Cyclargus ammon) as threatened due to similarity of appearance to the Miami blue, with a special rule pursuant to section 4(d) of the Act. Due to the subspecies' severe reduction in geographic range, small population sizes, and imminent threats, we need to make protective measures afforded by the Act available to the Miami blue immediately. This emergency rule provides Federal protection pursuant to the Act for a period of 240 days. A proposed rule to list the Miami blue butterfly as endangered and to list the cassius blue butterfly, ceraunus blue butterfly, and nickerbean blue butterfly as threatened due to similarity of appearance to the Miami blue is published concurrently with this emergency rule, and it can be found in this issue of the Federal Register in the Proposed Rules section.
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) prohibit activities with listed species unless a Federal permit is issued that allows such activities. Both laws require that we invite public comment before issuing these permits.
Draft Environmental Impact Statement for Alabama Beach Mouse General Conservation Plan for Incidental Take on the Fort Morgan Peninsula, Baldwin County, AL
Under the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service, announce the availability of a draft general conservation plan (GCP) and accompanying draft environmental impact statement (dEIS). If approved, the GCP would facilitate review of future incidental take applications. The take would affect the federally endangered Alabama beach mouse (Peromyscus polionotus ammobates) in Baldwin County, Alabama. The GCP analyzes the potential take incidental to construction, occupation, and maintenance of an estimated 500 single-family residences. We invite public comments on these documents.
Recovery Plan for the Endangered Pyne's Ground-plum (Astragalus bibullatus
We, the Fish and Wildlife Service, announce the availability of the final recovery plan for Pyne's ground-plum (Astragalus bibullatus), a species endemic to the Central Basin in Tennessee. The recovery plan includes specific recovery objectives and criteria to be met in order to reclassify this species to threatened status and delist it under the Endangered Species Act of 1973, as amended (Act).
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Nueces River and Plateau Shiners as Threatened or Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Nueces River shiner (Cyprinella sp.) and plateau shiner (Cyprinella lepida) 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 the Nueces River and plateau shiners 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 Nueces River and plateau shiners or their habitats at any time.
Endangered and Threatened Wildlife and Plants; Endangered Status for the Cumberland Darter, Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace
We, the U.S. Fish and Wildlife Service (Service), determine endangered status 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). This final rule implements the Federal protections provided by the Act for these species throughout their ranges, including Cumberland darter in Kentucky and Tennessee, rush darter in Alabama, yellowcheek darter in Arkansas, and chucky madtom and laurel dace in Tennessee. We intend to propose critical habitat in an upcoming rulemaking, which is expected within the next few months.
Kootenai National Wildlife Refuge, Boundary County, ID; Draft Comprehensive Conservation Plan and Environmental Assessment
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Kootenai National Wildlife Refuge (NWR, refuge) for public review and comment. The Draft CCP/EA describes our proposal for managing the refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Four Foreign Parrot Species
We, the U.S. Fish and Wildlife Service (Service), propose to list as endangered the Philippine cockatoo (Cacatua haematuropygia) and the yellow-crested cockatoo (C. sulphurea), and to list as threatened the white cockatoo (C. alba), under the Endangered Species Act of 1973, as amended (ESA). We are taking this action in response to a petition to list the following four parrot species: Crimson shining parrot (Prosopeia splendens), Philippine cockatoo (Cacatua haematuropygia), white cockatoo (C. alba), and yellow-crested cockatoo (C. sulphurea) as endangered or threatened under the ESA. 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 not warranted for the crimson shining parrot. We also propose a special rule for the white cockatoo in conjunction with our proposed listing as threatened for this species. We seek information from the public on the proposed listing, proposed special rule, and status review for these species.
Wind Turbine Guidelines Advisory Committee; Announcement of Public Teleconference and Webcast
We, the U.S. Fish and Wildlife Service (Service), will host a Wind Turbine Guidelines Advisory Committee (Committee) meeting via teleconference and webcast. This meeting is open to the public, but registration is required.
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Season
The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2011-12 migratory bird hunting season. This proposed rule responds to Tribal requests for Service recognition of Tribal authority to regulate hunting under established guidelines. This proposed rule would allow the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
Endangered and Threatened Wildlife and Plants; Reinstatement of Listing Protections for the Preble's Meadow Jumping Mouse
We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that vacates our most recent rule and reinstates the regulatory protections under the Endangered Species Act of 1973, as amended (Act), for the Preble's meadow jumping mouse (Zapus hudsonius preblei) (Preble's) in Wyoming. The United States District Court for the District of Colorado, by order dated July 7, 2011, vacated and remanded the 2008 Final Rule to Amend the Listing for the Preble's Meadow Jumping Mouse To Specify Over What Portion of Its Range the Subspecies is Threatened (2008 Amended Listing Decision) and reinstated the 1998 Final Rule Listing the Preble's Meadow Jumping Mouse as Threatened Throughout Its Range, effective August 6, 2011. This rule reinstates the listing of Preble's in Wyoming. It also reinstates the special rule that exempts activities related to rodent control, ongoing agricultural activities, landscape maintenance, existing uses of water, noxious weed control, and ongoing ditch maintenance activities from the take provisions of the Act throughout the entire range of the Preble's.
Sport Fishing and Boating Partnership Council
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Sport Fishing and Boating Partnership Council (Council).
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List Six Sand Dune Beetles as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list six sand dune beetles as endangered or threatened and to designate critical habitat 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 indicating that listing two of the six species [Hardy's aegialian scarab (Aegialia hardyi) and Sand Mountain serican scarab (Serica psammobunus)] may be warranted. However, we find that the petition presents substantial scientific or commercial information indicating that listing may be warranted for four of the six species [Crescent Dunes aegialian scarab (A. crescenta), Crescent Dunes serican scarab (S. ammomenisco), large aegialian scarab (A. magnifica), and Giuliani's dune scarab (Pseudocotalpa giuliani)]. Therefore, with the publication of this notice, we are initiating a review of the status of these species to determine if listing these four species is warranted. To ensure that the status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding these four species. Based on the status reviews, we will issue 12-month findings on these four species, which will address whether the petitioned actions are warranted, as provided in the Act.
Endangered and Threatened Wildlife and Plants; 90-Day Finding and 12-Month Determination on a Petition To Revise Critical Habitat for the Leatherback Sea Turtle
We, the U.S. Fish and Wildlife Service (Service), announce our 90-day finding and 12-month determination on how to proceed in response to a petition to revise critical habitat for the leatherback sea turtle (Dermochelys coriacea) pursuant to the Endangered Species Act of 1973, as amended (Act). The petition asks the Service and the National Marine Fisheries Service (NMFS) (Services) to revise the existing critical habitat designation for the leatherback sea turtle by adding the coastline and offshore waters of the Northeast Ecological Corridor of Puerto Rico to the critical habitat designation. Our 90-day finding is that the petition, in conjunction with the information readily available in our files, presents substantial scientific information indicating that the requested revision may be warranted. Our 12-month determination is that we intend to proceed with processing the petition by assessing critical habitat during the future planned status review for the leatherback sea turtle.
Endangered and Threatened Wildlife and Plants; Removal of Echinacea tennesseensis (Tennessee Purple Coneflower) From the Federal List of Endangered and Threatened Plants
We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing the plant Echinacea tennesseensis (commonly referred to as Tennessee purple coneflower) from the List of Endangered and Threatened Plants. This action is based on a thorough review of the best scientific and commercial data available, which indicate that this species has recovered and no longer meets the definition of threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Our review of the status of this species shows that populations are stable, threats are addressed, and adequate regulatory mechanisms are in place so that the species is not currently, and is not likely to again become, an endangered species within the foreseeable future in all or a significant portion of its range. Finally, we announce the availability of the final post-delisting monitoring plan for E. tennesseensis.
Endangered and Threatened Species Permit Applications
The following applicants have applied for scientific research permits to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act). The Act requires that we invite public comment on these permit applications.
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