Fish and Wildlife Service January 2012 – Federal Register Recent Federal Regulation Documents

On November 18, 2011, the United States District Court for the District of Columbia (Court) issued an order in regard to Misc. No. 08- 764 (EGS) MDL Docket No. 1993 IN RE: POLAR BEAR ENDANGERED SPECIES ACT LISTING AND Sec. 4(d) RULE LITIGATION, vacating and remanding to the U.S. Fish and Wildlife Service the December 16, 2008, final special rule for the polar bear (73 FR 76249). The Court further ordered that in its place the interim final special rule for the polar bear published on May 15, 2008 (73 FR 28306), shall remain in effect until superseded by the new special rule for the polar bear to be published in the Federal Register. This rule complies with that order and provides final notice of the reinstatement of the May 15, 2008, interim final special rule for the polar bear.

We, the U.S. Fish and Wildlife Service, extend the comment period for public comments to guide the preparation of a Supplemental Environmental Impact Statement or Environmental Assessment on the development of revised regulations governing the management of double- crested cormorants. Under current regulations, cormorant damage management activities are conducted annually at the local level by individuals or agencies operating under USFWS depredation permits, the existing Aquaculture Depredation Order, or the existing Public Resource Depredation Order. The depredation orders are scheduled to expire on June 30, 2014. Our analysis will update the 2003 Final Environmental Impact Statement (FEIS): Double-crested cormorant management in the United States (USFWS 2003). 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.

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 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

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 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

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).

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for recovery permits 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.

We, the U.S. Fish and Wildlife Service, make available the final environmental impact statement (EIS), and final record of decision under the National Environmental Policy Act of 1969 analyzing the impacts of the issuance of an incidental take permit for implementation of the final Oncor Electric Delivery LLC's Habitat Conservation Plan (HCP). Our decision is to issue a 30-year incidental take permit to Oncor for implementation of the preferred alternative (described below), which authorizes incidental take of animal species and impacts to plant species listed under the Endangered Species Act of 1973, as amended. Oncor has agreed to implement avoidance, minimization, and mitigation measures to offset impacts to these species, as described in their HCP.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our August 2, 2011, proposed endangered status and designation of critical habitat for the Chupadera springsnail (Pyrgulopsis chupaderae) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis and draft environmental assessment of the proposed designation of critical habitat 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 revised proposed rule, the associated draft economic analysis and draft environmental assessment, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service, announce the availability of the final approved Recovery Plan for Hawaiian Waterbirds, Second Revision. The recovery plan addresses four endangered bird species. This plan includes recovery objectives and criteria, and specific recovery actions necessary to achieve downlisting and delisting of the species and their removal from the Federal List of Endangered and Threatened Wildlife and Plants.

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.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our September 27, 2011, revised proposed rule to designate critical habitat for the Mississippi gopher frog (Rana sevosa) [=Rana capito sevosa] under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to announce changes in methodology from the revised proposed rule and to allow all interested parties another opportunity to comment on the revised proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We will also hold a public informational session and hearing (see DATES and ADDRESSES sections).

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Humboldt marten (Martes americana humboldtensis) as endangered or threatened and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Humboldt marten may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the Humboldt marten to determine if listing is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding the Humboldt marten. 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.

The Fish and Wildlife Service (hereinafter Service) will conduct an open meeting on February 1, 2012, to identify and discuss preliminary issues concerning the 2012-13 migratory bird hunting regulations.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for Massasoit National Wildlife Refuge (the refuge, NWR) in Plymouth, Massachusetts. We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intention to conduct detailed planning on this refuge.

We, the U.S. Fish and Wildlife Service, have prepared a draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) for the Proposed Shiloh IV Wind Plant Project in response to an application from enXco (applicant) for a 36-year incidental take permit for one species under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of one federally listed animal, the Central California Distinct Population Segment of the California tiger salamander. The applicant would implement a conservation program to minimize and mitigate the project activities, as described in the applicant's habitat conservation plan (plan). We request data, comments, new information or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on the applicant's permit application, plan, and the associated EA.

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

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the broad-snouted caiman in Argentina from endangered to threatened in the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended (ESA or Act). As part of this proposed rule, we would establish two distinct population segments (DPSs) of the broad-snouted caiman (Caiman latirostris): a DPS in Argentina and a DPS that would encompass Bolivia, Brazil, Paraguay, and Uruguay. This second DPS would remain listed as endangered under the Act. We are proposing this action under the Act based on the best available data indicating that the Argentine population of the broad- snouted caiman no longer meets the definition of endangered under the Act. Intense management of the species in Argentina has brought the Argentine DPS to the point where a change in status is appropriate. This also serves as our 5-year review. We also propose that the Argentine population of broad-snouted caiman be included in the special rule for trade in caiman species. Inclusion in this special rule would allow U.S. commerce in skins, other parts, and products of this species originating from Argentina, and reexport of such specimens originating in Argentina, if certain conditions are met prior to exportation to the United States. We are seeking information, data, and comments from the public on this proposed rule. This proposed rule to reclassify the broad-snouted caiman in Argentina to threatened under the Act also constitutes our warranted 12-month finding (status review) on a petition.

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).

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Sierra Nevada red fox (Vulpes vulpes necator) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this subspecies may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the subspecies to determine if listing Sierra Nevada red fox is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this subspecies. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.