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

Wild Bird Conservation Act; Receipt of Application for Approval of a Cooperative Breeding Program
Document Number: 2012-10232
Type: Notice
Date: 2012-04-27
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following application for approval to conduct certain activities with birds that are protected in accordance with the Wild Bird Conservation Act of 1992 (WBCA).
Endangered and Threatened Wildlife and Plants; 5-Year Reviews of Species in California and Nevada
Document Number: 2012-10212
Type: Proposed Rule
Date: 2012-04-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are initiating 5-year reviews for 25 species under the Endangered Species Act of 1973, as amended (Act). We conduct these reviews to ensure that our classification of species on the Lists of Endangered and Threatened Wildlife and Plants as threatened or endangered is accurate. A 5-year review assesses the best scientific and commercial data available at the time of the review. We are requesting any information that has become available since our last 5-year review of each of these species. Based on review results, we will determine whether we should change the listing status of any of these species. In this notice, we also announce 5-year reviews that were completed for 28 species in California and Nevada between March 17, 2011, and February 29, 2012.
Wildlife and Hunting Heritage Conservation Council
Document Number: 2012-10211
Type: Notice
Date: 2012-04-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a public teleconference of the Wildlife and Hunting Heritage Conservation Council (Council).
Endangered and Threatened Wildlife and Plants; Revising the Proposed Special Rule for the Utah Prairie Dog
Document Number: 2012-9884
Type: Proposed Rule
Date: 2012-04-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service) notify the public that we are making changes to our proposed rule of June 2, 2011, to revise the special rule for the Utah prairie dog (Cynomys parvidens). We are reopening the comment period because we are making substantive changes and one addition to our proposed rule based on public and peer review comments received. Comments previously submitted 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 these changes, as described below. 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 Environmental Assessment (EA) on our proposed actions, in accordance with the National Environmental Policy Act.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List Aliciella formosa
Document Number: 2012-10049
Type: Proposed Rule
Date: 2012-04-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Aliciella formosa (Aztec gilia) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and designate critical habitat. Based on our review, we find that the petition does not present substantial information indicating that listing Aztec gilia may be warranted. Therefore, we are not initiating a status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, Aztec gilia or its habitat at any time.
Endangered and Threatened Wildlife and Plants; Revised Recovery Plan for the Utah Prairie Dog
Document Number: 2012-10033
Type: Notice
Date: 2012-04-26
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces the availability of a final revised recovery plan for the Utah prairie dog (Cynomys parvidens). This species is federally listed as threatened under the Endangered Species Act of 1973, as amended (Act).
Endangered Species; Marine Mammals; Receipt of Applications for Permit
Document Number: 2012-9804
Type: Notice
Date: 2012-04-24
Agency: Fish and Wildlife Service, Department of the Interior
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 Federal authorization is acquired that allows such activities.
Endangered and Threatened Wildlife and Plants; Recovery Permit Application
Document Number: 2012-9715
Type: Notice
Date: 2012-04-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application for a recovery permit to conduct enhancement of survival activities with an endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits certain activities with endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.
Draft Environmental Impact Statement and Proposed Amendment of the Washington Department of Natural Resources Habitat Conservation Plan for Forested State Trust Lands
Document Number: 2012-9664
Type: Notice
Date: 2012-04-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), intend to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare a Draft Environmental Impact Statement (DEIS) in anticipation of receiving an application for an Incidental Take Permit (ITP) amendment under section 10 of the Endangered Species Act (ESA) from the Washington Department of Natural Resources (WDNR) for their 1997 Habitat Conservation Plan (HCP) for forested State trust lands. The HCP amendment involves the proposed replacement of an interim conservation strategy for the threatened marbled murrelet (Brachyramphus marmoratus), which is currently being implemented under the HCP, with a long-term conservation strategy. The proposed amendment to the HCP and the ITP is exclusively limited to consideration of a long-term conservation strategy for the marbled murrelet on HCP-covered lands.
DEEPWATER HORIZON Oil Spill; Final Phase I Early Restoration Plan and Environmental Assessment
Document Number: 2012-9581
Type: Notice
Date: 2012-04-20
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), the Framework Agreement for Early Restoration Addressing Injuries Resulting from the DEEPWATER HORIZON Oil Spill (Framework Agreement), notice is hereby given that the Federal and State natural resource trustee agencies (Trustees) have approved the Phase I Early Restoration Plan and Environmental Assessment (Phase I ERP/EA) describing the first eight restoration projects selected by the Trustees to commence the process of restoring natural resources and services injured or lost as a result of the DEEPWATER HORIZON oil spill, which occurred on or about April 20, 2010, in the Gulf of Mexico. The purpose of this notice is to inform the public of the availability of the Phase I ERP/EA.
Sears Point Wetland and Watershed Restoration Project, Sonoma County, CA; Final Environmental Impact Report and Environmental Impact Statement
Document Number: 2012-9577
Type: Notice
Date: 2012-04-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (CDFG), in cooperation with the Sonoma Land Trust (SLT), announce that a final environmental impact report and environmental impact statement (EIR/EIS) for the Sears Point Wetland and Watershed Restoration Project is now available. The final EIR/EIS, which we prepared and now announce in accordance with the National Environmental Policy Act of 1969 (NEPA), describes the restoration of approximately 2,300 acres (ac) of former farmland located in Sonoma County, California, near the San Pablo Bay. The final EIR/EIS responds to all comments we received on the draft document. The restoration project, which would be implemented by the SLT, would restore natural estuarine ecosystems on diked baylands, while providing public access and recreational and educational opportunities compatible with ecological and cultural resources protection. The U.S. Army Corps of Engineers, San Francisco District, and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration are cooperating agencies on the final EIR/EIS.
Proposed Low-Effect Habitat Conservation Plan for the Bay Checkerspot Butterfly and Serpentine Grasslands, City of San Jose, Santa Clara County, CA
Document Number: 2012-9543
Type: Notice
Date: 2012-04-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application from Hoa Cam Tieu (applicant) for a 3-year incidental take permit for three species under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of one listed animal, the Bay checkerspot butterfly; one listed plant, the Santa Clara Valley dudleya; and one nonlisted plant, the most beautiful jewelflower. The applicant would implement a conservation program to minimize and mitigate the project activities, as described in the applicant's low- effect habitat conservation plan (Plan). We request comments on the applicant's application and Plan, and the preliminary determination that the Plan qualifies as a ``low-effect'' habitat conservation plan, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended (NEPA). We discuss our basis for this determination in our environmental action statement (EAS), also available for public review.
Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear
Document Number: 2012-9403
Type: Proposed Rule
Date: 2012-04-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to amend the regulations at 50 CFR part 17, which implement the Endangered Species Act of 1973, as amended (ESA), to create a special rule under authority of section 4(d) of the ESA that provides measures that are necessary and advisable to provide for the conservation of the polar bear (Ursus maritimus). The Secretary has the discretion to prohibit by regulation with respect to the polar bear any act prohibited by section 9(a)(1) of the ESA.
Endangered and Threatened Wildlife and Plants; Permit Applications
Document Number: 2012-9391
Type: Notice
Date: 2012-04-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (USFWS), 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.
Migratory Bird Hunting; Proposed 2012-13 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2014 Spring and Summer Migratory Bird Subsistence Harvest Proposals in Alaska
Document Number: 2012-9125
Type: Proposed Rule
Date: 2012-04-17
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2012-13 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2012-13 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2014 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.
Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Three Forks Springsnail and Threatened Status for San Bernardino Springsnail Throughout Their Ranges and Designation of Critical Habitat for Both Species
Document Number: 2012-8811
Type: Rule
Date: 2012-04-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered status for the Three Forks springsnail (Pyrgulopsis trivialis) and threatened status for the San Bernardino springsnail (Pyrgulopsis bernardina); and designate critical habitat for both species under the Endangered Species Act of 1973, as amended (Act). In total, approximately 17.2 acres (6.9 hectares) are designated as critical habitat for Three Forks springsnail in Apache County, Arizona, and approximately 2.0 acres (0.8 hectares) for San Bernardino springsnail in Cochise County, Arizona. This final rule implements the Federal protections provided by the Act for these species.
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for Allium munzii (Munz's onion) and Atriplex coronata var. notatior (San Jacinto Valley crownscale)
Document Number: 2012-8664
Type: Proposed Rule
Date: 2012-04-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for Allium munzii (Munz's onion) and for Atriplex coronata var. notatior (San Jacinto Valley crownscale) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 889 acres (360 hectares) are being proposed for designation as critical habitat for A. munzii and approximately 8,020 acres (3,246 hectares) for A. c. var. notatior. All of the proposed revised critical habitat is located in Riverside County, California.
Endangered and Threatened Wildlife and Plants; Recovery Permit Application[s]
Document Number: 2012-9048
Type: Notice
Date: 2012-04-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application to conduct certain activities with endangered species. The Endangered Species Act of 1973, as amended (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 this permit.
Endangered Species; Marine Mammals; Receipt of Applications for Permit
Document Number: 2012-9035
Type: Notice
Date: 2012-04-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibits activities with listed species unless Federal authorization is acquired that allows such activities.
Eagle Permits; Revisions to Regulations Governing Take Necessary To Protect Interests in Particular Localities
Document Number: 2012-8087
Type: Proposed Rule
Date: 2012-04-13
Agency: Fish and Wildlife Service, Department of the Interior
We solicit public comment on possible revisions to regulations under the Bald and Golden Eagle Protection Act for permits to take eagles where the take is associated with, but not the purpose of, otherwise lawful activities. During the 2 years that the regulations have been in effect, some stakeholders have expressed concerns with some provisions of the rule. We are giving interested members of the public the opportunity to review the regulations and recommend revisions that would create a more efficient permit process while continuing to adequately protect eagles.
Eagle Permits; Changes in the Regulations Governing Eagle Permitting
Document Number: 2012-8086
Type: Proposed Rule
Date: 2012-04-13
Agency: Fish and Wildlife Service, Department of the Interior
We propose to revise the regulations for permits for nonpurposeful take of golden eagles (Aquila chrysaetos) and bald eagles (Haliaeetus leucocephalus) where the take is associated with, but not the purpose of, an activity. We propose to extend the maximum term for programmatic permits to 30 years. The permits must incorporate conditions specifying additional measures that may be necessary to ensure the preservation of eagles, should monitoring data indicate the need for the measures. This change will facilitate the responsible development of renewable energy and other projects designed to operate for many decades, while continuing to protect eagles consistent with statutory mandates. For a permit valid for 5 years or more, we propose to charge an application processing fee sufficient to offset the estimated costs associated with working with the applicants to develop site plans and conservation measures, and prepare applications, and for us to review applications. For any project that is deemed likely to take eagles, we also propose to collect an additional administration fee when we grant a permit. The proposed change does not affect the tenure of any other migratory bird or eagle permit type.
Endangered and Threatened Wildlife and Plants; Listing 23 Species on Oahu as Endangered and Designating Critical Habitat for 124 Species
Document Number: 2012-8807
Type: Proposed Rule
Date: 2012-04-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our August 2, 2011, proposal to list as endangered and to designate critical habitat for 23 species on the island of Oahu in the Hawaiian Islands under the Endangered Species Act of 1973, as amended (Act); designate critical habitat for 2 plant species that are already listed as endangered; and to revise critical habitat for 99 plant species that are already listed as endangered or threatened. 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. We are also considering revising the boundary for OahuLowland DryUnit 8, from that described in the proposed rule, based on new information regarding the biological conditions within certain portions of the unit.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Eastern or Southern Rocky Mountain Population of the Boreal Toad as an Endangered or Threatened Distinct Population Segment
Document Number: 2012-8806
Type: Proposed Rule
Date: 2012-04-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list either the Eastern population or the Southern Rocky Mountain (SRM) population of the boreal toad (Anaxyrus boreas boreas) as a distinct population segment (DPS) that is 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 the Eastern population of the boreal toad as a DPS may be warranted. We did not find substantial information that listing the SRM population of the boreal toad as a DPS may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the Eastern population to determine if listing it as a DPS is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding the potential DPS. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in the Act.
Endangered and Threatened Wildlife and Plants; Notice of Availability of a Technical/Agency Draft Recovery Plan for Alabama Sturgeon
Document Number: 2012-8744
Type: Notice
Date: 2012-04-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service, announce the availability of the technical/agency draft recovery plan for the endangered Alabama Sturgeon. The draft recovery plan includes specific recovery objectives and criteria that would have to be met in order for us to downlist the species to be threatened under the Endangered Species Act of 1973, as amended (Act). We request review and comment on this draft recovery plan from local, State, and Federal agencies, and the public.
Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Sixteenth Regular Meeting: Taxa Being Considered for Amendments to the CITES Appendices
Document Number: 2012-8665
Type: Notice
Date: 2012-04-11
Agency: Fish and Wildlife Service, Department of the Interior
The United States, as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), may propose amendments to the CITES Appendices for consideration at meetings of the Conference of the Parties. The sixteenth regular meeting of the Conference of the Parties to CITES (CoP16) is tentatively scheduled to be held in Thailand, March 3-15, 2013. With this notice, we describe proposed amendments to the CITES Appendices (species proposals) that the United States might submit for consideration at CoP16 and invite your comments and information on these proposals.
Hopper Mountain, Bitter Creek, and Blue Ridge National Wildlife Refuges, Ventura, Kern, San Luis Obispo, and Tulare Counties, CA
Document Number: 2012-8659
Type: Notice
Date: 2012-04-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service) announce the availability of a Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Hopper Mountain, Bitter Creek, and Blue Ridge National Wildlife Refuges for public review and comment. The CCP/EA, prepared under the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, describes how the Service proposes to manage the three refuges for the next 15 years. Draft compatibility determinations for several existing and proposed public uses are also available for review and public comment with the Draft CCP/EA.
Endangered Species; Receipt of Applications for Permits
Document Number: 2012-8338
Type: Notice
Date: 2012-04-06
Agency: Fish and Wildlife Service, Department of the Interior
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 Federal authorization is acquired that allows such activities.
Bogue Chitto National Wildlife Refuge, LA and MS; Final Comprehensive Conservation Plan and Finding of No Significant Impact for Environmental Assessment
Document Number: 2012-8292
Type: Notice
Date: 2012-04-06
Agency: Fish and Wildlife Service, Department of the Interior
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 Bogue Chitto National Wildlife Refuge (NWR) in St. Tammany and Washington Parishes, Louisiana, and Pearl River County, Mississippi. In the final CCP, we describe how we will manage this refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Listing of the Miami Blue Butterfly as Endangered Throughout Its Range; Listing of the Cassius Blue, Ceraunus Blue, and Nickerbean Blue Butterflies as Threatened Due to Similarity of Appearance to the Miami Blue Butterfly in Coastal South and Central Florida
Document Number: 2012-8088
Type: Rule
Date: 2012-04-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), are listing the Miami blue butterfly (Cyclargus thomasi bethunebakeri), as endangered under the Endangered Species Act of 1973, as amended (Act). We have determined that designation of critical habitat for the Miami blue butterfly is not prudent at this time. We also are 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 in coastal south and central Florida, and establishing a special rule under section 4(d) of the Act for these three species.
[FWS-R9-MB-2011-N215; 91400-5110-0000-7B; 91400-9410-0000-7B]
Document Number: 2012-7998
Type: Notice
Date: 2012-04-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (FWS), announce the fiscal year 2012, priority list of wildlife and sport fish conservation projects from the Association of Fish and Wildlife Agencies (AFWA). As required by the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000, AFWA submits a list of projects to us each year to consider for funding under the Multistate Conservation Grant program. We have reviewed the list and have awarded the grants from the list.
Proposed Information Collection; Land-Based Wind Energy Guidelines
Document Number: 2012-7840
Type: Notice
Date: 2012-04-02
Agency: Fish and Wildlife Service, Department of the Interior
We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This information collection is scheduled to expire on September 30, 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.
Proposed Information Collection; Wolf Livestock Demonstration Project Grant Program
Document Number: 2012-7837
Type: Notice
Date: 2012-04-02
Agency: Fish and Wildlife Service, Department of the Interior
We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. 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.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the San Francisco Bay-Delta Population of the Longfin Smelt as Endangered or Threatened
Document Number: 2012-7198
Type: Proposed Rule
Date: 2012-04-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the San Francisco Bay-Delta distinct population segment (Bay Delta DPS) of longfin smelt as endangered or threatened and to designate critical habitat 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 longfin smelt rangewide is not warranted at this time, but that listing the Bay-Delta DPS of longfin smelt is warranted. Currently, however, listing the Bay-Delta DPS of longfin smelt is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month finding, we will add the Bay-Delta DPS of longfin smelt to our candidate species list. We will develop a proposed rule to list the Bay-Delta DPS of longfin smelt as our priorities allow. We will make any determinations on critical habitat during the 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).