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

Availability of a Draft Environmental Impact Statement and Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Buckeye Wind Power Project, Champaign County, OH
Document Number: 2012-15664
Type: Notice
Date: 2012-06-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received an application from Buckeye Wind, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA), for its Buckeye Wind Power Project (project). If approved, the ITP would be for a 30-year period and would authorize the incidental take of an endangered species, the Indiana bat. The applicant has prepared a habitat conservation plan (HCP) that describes the actions and measures the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat. The ITP application also includes a draft implementing agreement (IA). We also announce the availability of a draft Environmental Impact Statement (EIS) that has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act (NEPA). We request public comment on the application and associated documents.
Endangered and Threatened Wildlife and Plants; 5-Year Status Reviews of Seven Listed Species
Document Number: 2012-14941
Type: Proposed Rule
Date: 2012-06-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews under the Endangered Species Act of 1973, as amended (Act), of seven animal and plant species. We conduct these reviews to ensure that our classification of each 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 the public to send us any information that has become available since the most recent status reviews on each of these species. Based on review results, we will determine whether we should change the listing status of any of these species.
Endangered Species; Receipt of Applications for Permit
Document Number: 2012-15839
Type: Notice
Date: 2012-06-28
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.
Endangered Species; Marine Mammals; Issuance of Permits
Document Number: 2012-15838
Type: Notice
Date: 2012-06-28
Agency: Fish and Wildlife Service, Department of the Interior
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).
Wildlife and Hunting Heritage Conservation Council
Document Number: 2012-15674
Type: Notice
Date: 2012-06-27
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).
Draft Candidate Conservation Agreement With Assurances and Draft Environmental Assessment; Lesser Prairie Chicken, Oklahoma
Document Number: 2012-15385
Type: Notice
Date: 2012-06-25
Agency: Fish and Wildlife Service, Department of the Interior
The Oklahoma Department of Wildlife Conservation (ODWC) (Applicant) has applied for an enhancement of survival permit pursuant to Section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended. The permit application includes a draft Candidate Conservation Agreement with Assurances (CCAA) between the U.S. Fish and Wildlife Service (Service) and ODWC for the lesser prairie-chicken (LEPC) in 10 Oklahoma counties. If the LEPC becomes listed in the future, the Enhancement of Survival permit will become effective, authorizing incidental take of LEPCs resulting from ongoing, otherwise lawful activities on enrolled lands. The draft CCAA and the draft Environmental Assessment are available for public review, and we seek public comment on the potential issuance of the above permits.
Endangered Species Recovery Permit Applications
Document Number: 2012-15391
Type: Notice
Date: 2012-06-22
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 (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.
Multi-Species Habitat Conservation Plan
Document Number: 2012-15353
Type: Notice
Date: 2012-06-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
This document announces the availability of the Final Environmental Impact Statement (EIS) on the applications from the Fruit Growers Supply Company (FGS) for Incidental Take Permits (ITPs) and a multi-species Habitat Conservation Plan (HCP) for take of endangered and threatened species in accordance with the Endangered Species Act of 1973, as amended (ESA). The National Marine Fisheries Service and the Fish and Wildlife Service (Services) and FGS have also developed an Implementing Agreement (IA) which details how the Services and FGS will work together to implement the HCP. The applicant seeks the ITPs to authorize incidental take of the covered species during forest management and timber harvest in Siskiyou County, CA, where FGS owns lands, during the term of the proposed 50-year ITPs and HCP. This document is provided under National Environmental Policy Act regulations to inform the public that the Final EIS and multi-species HCP, and the Services' responses to public comments are available for review, and that we have filed the Final EIS with the U.S. Environmental Protection Agency (EPA) for public notice. The Services will not make a decision on issuing ITPs to FGS sooner than 45 days after publication of EPA's notice.
Grays Lake National Wildlife Refuge, Caribou and Bonneville Counties, ID; Comprehensive Conservation Plan and Environmental Impact Statement
Document Number: 2012-15330
Type: Notice
Date: 2012-06-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for Grays Lake National Wildlife Refuge (refuge, NWR). An Environmental Impact Statement (EIS) evaluating effects of various CCP alternatives will also be prepared. We provide this notice in compliance with the National Environmental Policy Act and our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. We are also requesting public comments.
Migratory Bird Hunting; Application for Approval of Copper-Clad Iron Shot as Nontoxic for Waterfowl Hunting
Document Number: 2012-14956
Type: Proposed Rule
Date: 2012-06-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce that Environ- Metal, Inc., of Sweet Home, Oregon, has applied for our approval of shot composed of copper and iron as nontoxic for waterfowl hunting in the United States. The shot contains a maximum of 44.1 percent copper by weight, with iron composing the rest of the shot. We have initiated review of the shot under the criteria we have set out in our nontoxic shot approval procedures in our regulations.
Endangered Species; Receipt of Applications for Permit
Document Number: 2012-14855
Type: Notice
Date: 2012-06-19
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.
Endangered and Threatened Wildlife and Plants; Thick-Billed Parrot Draft Recovery Plan Addendum
Document Number: 2012-14853
Type: Notice
Date: 2012-06-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce the availability of our Draft Recovery Plan Addendum for the Thick-billed Parrot under the Endangered Species Act of 1973, as amended (Act). We have developed this draft recovery plan addendum to comply with a December 14, 2010, Stipulated Settlement Agreement between WildEarth Guardians and the Secretary of the Interior. This species is currently found in Mexico and is believed to be extirpated from the United States; however, historically its range also included southern Arizona and possibly southwestern New Mexico. We request review and comment on this addendum from local, State, and Federal agencies; Tribes; and the public. We will also accept any new information on the status of the thick-billed parrot throughout its range to assist in finalizing the addendum to the recovery plan.
Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List Dunes Sagebrush Lizard
Document Number: 2012-14818
Type: Proposed Rule
Date: 2012-06-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to list the dunes sagebrush lizard (Sceloporus arenicolus) as endangered under the Endangered Species Act of 1973, as amended (Act). This withdrawal is based on our conclusion that the threats to the species as identified in the proposed rule no longer are as significant as believed at the time of the proposed rule. We base this conclusion on our analysis of current and future threats and conservation efforts. We find the best scientific and commercial data available indicate that the threats to the species and its habitat have been reduced to the point that the species does not meet the statutory definition of an endangered or threatened species. Therefore, we are withdrawing our proposal to list the species as endangered.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Coquí Llanero
Document Number: 2012-14733
Type: Proposed Rule
Date: 2012-06-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the October 12, 2011, proposed designation of critical habitat for the coqu[iacute] llanero (Eleutherodactylus juanariveroi) (a tree frog) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties an opportunity to comment on the proposed rule, our evaluation of the potential economic impacts of the proposed designation, 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.
Endangered and Threatened Wildlife and Plants; Removing the Magazine Mountain Shagreen From the Federal List of Endangered and Threatened Wildlife
Document Number: 2012-14502
Type: Proposed Rule
Date: 2012-06-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to remove the terrestrial snail Magazine Mountain shagreen (Inflectarius magazinensis; formerly Mesodon magazinensis) from the Federal List of Endangered and Threatened Wildlife. This proposed action is based on a thorough review of the best available scientific and commercial data, which indicate that this species has recovered and no longer meets the definition of threatened under the Endangered Species Act of 1973, as amended (Act). Our review of the status of this species shows that all of the threats to the species have been eliminated or reduced, adequate regulatory mechanisms exist, and populations are stable so that the species is not currently, and is not likely to again become, a threatened species within the foreseeable future in all or a significant portion of its range. We seek information, data, and comments from the public regarding this proposal to delist Magazine Mountain shagreen and on the draft post-delisting monitoring plan.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover
Document Number: 2012-13886
Type: Rule
Date: 2012-06-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the Pacific Coast distinct population segment (DPS) (Pacific Coast WSP) of the western snowy plover (Charadrius nivosus nivosus, formerly C. alexandrinus nivosus) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 24,527 acres (9,926 hectares) of critical habitat for the Pacific Coast WSP in Washington, Oregon, and California, fall within the boundaries of the critical habitat designation. This revised final designation constitutes an increase of approximately 12,377 ac (5,009 ha) from the 2005 designation of critical habitat for the Pacific Coast WSP. A taxonomic name change has occurred and been accepted for the snowy plover. Throughout the remainder of this document, we will use the currently recognized name for the subspecies, Charadrius nivosus nivosus, to which the listed entity (Pacific Coast WSP) belongs for references to the Pacific Coast WSP.
Receipt of Application for the Amendment of the Incidental Take Permit for the Multiple Species Conservation Program County of San Diego Subarea Plan, County of San Diego, California
Document Number: 2012-14744
Type: Notice
Date: 2012-06-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service) intend to amend the incidental take permit (PRT-840414) issued for the Multiple Species Conservation Program County of San Diego Subarea Plan (MSCP Subarea Plan). The County of San Diego (Applicant) has requested an amendment to the incidental take permit. The amendment would modify the MSCP Subarea Plan boundary to add approximately 210 acres of land solely for conservation purposes. If amended, no additional incidental take will be authorized. The Applicant will follow all other existing habitat conservation plan conditions. We also announce a public comment period.
Proposed Low-Effect Habitat Conservation Plan for the California Tiger Salamander, Calaveras County, CA
Document Number: 2012-14649
Type: Notice
Date: 2012-06-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application from Juan San Bartolome (applicant) for a 10-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 listed animal, the threatened Central California Distinct Population Segment of the California tiger salamander (tiger salamander). 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.
Subsistence Management Regulations for Public Lands in Alaska-2012-13 and 2013-14 Subsistence Taking of Wildlife Regulations
Document Number: 2012-13866
Type: Rule
Date: 2012-06-13
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This final rule establishes regulations for seasons, harvest limits, and methods and means related to the taking of wildlife for subsistence uses in Alaska during the 2012-13 and 2013-14 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rulemaking replaces the wildlife taking regulations that expire on June 30, 2012. This rule also revises wildlife customary and traditional use determinations and the general regulations on subsistence taking of fish and wildlife.
Migratory Bird Hunting; Meeting Regarding Regulations for the 2012-13 Hunting Season
Document Number: 2012-14288
Type: Proposed Rule
Date: 2012-06-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), proposed in an earlier document to establish annual hunting regulations for certain migratory game birds for the 2012-13 hunting season. This notice revises the previously announced dates of the June 2012 Service Migratory Bird Regulations Committee meetings.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Dusky Gopher Frog (Previously Mississippi Gopher Frog)
Document Number: 2012-13488
Type: Rule
Date: 2012-06-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, designate critical habitat for the dusky gopher frog under the Endangered Species Act. In previous publications, we used the common name ``Mississippi gopher frog'' for this species. We are taking this action to fulfill our obligations under the Act. Land in St. Tammany Parish, Louisiana, and Forrest, Harrison, Jackson, and Perry Counties, Mississippi, is being designated under a court approved settlement agreement to finalize critical habitat for the species. The effect of this regulation is to conserve the habitat upon which dusky gopher frog depends.
Endangered and Threatened Wildlife and Plants; Listing 38 Species on Molokai, Lanai, and Maui as Endangered and Designating Critical Habitat on Molokai, Lanai, Maui, and Kahoolawe for 135 Species
Document Number: 2012-11484
Type: Proposed Rule
Date: 2012-06-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list 38 species on the Hawaiian Islands of Molokai, Lanai, and Maui as endangered under the Endangered Species Act of 1973, as amended (Act). We are also reaffirming the listing of two endemic Hawaiian plants currently listed as endangered. We propose to designate critical habitat for 39 of these 40 plant and animal species. Critical habitat is not determinable for the plant Cyanea mauiensis. In this document, we also propose to designate critical habitat for 11 previously listed plant and animal species that do not have designated critical habitat, and propose to revise critical habitat for 85 plant species that are already listed as endangered or threatened. The proposed critical habitat designation totals 271,062 acres (ac) (109,695 hectares (ha)) on the islands of Molokai, Lanai, Maui, and Kahoolawe (collectively called Maui Nui), and includes both occupied and unoccupied habitat. Approximately 47 percent of the area being proposed as critical habitat is already designated as critical habitat for the 85 plant species or other species. We also propose to delist the plant Gahnia lanaiensis, due to new information that this species is synonymous with G. lacera, a widespread species from New Zealand. In addition, we propose name changes or corrections for 11 endangered plants and 2 endangered birds, and taxonomic revisions for 2 endangered plant species.
Endangered Species; Issuance of Permits
Document Number: 2012-13924
Type: Notice
Date: 2012-06-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species. We issue these permits under the Endangered Species Act (ESA).
Endangered Species; Receipt of Applications for Permit
Document Number: 2012-13915
Type: Notice
Date: 2012-06-08
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.
Proposed Information Collection; Bald Eagle Post-delisting Monitoring
Document Number: 2012-13793
Type: Notice
Date: 2012-06-07
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 IC is scheduled to expire on November 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.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Wildlife and Sport Fish Grants and Cooperative Agreements
Document Number: 2012-13792
Type: Notice
Date: 2012-06-07
Agency: Fish and Wildlife Service, Department of the Interior
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 August 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.
Subsistence Management Program for Public Lands in Alaska
Document Number: 2012-13673
Type: Notice
Date: 2012-06-06
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
The Departments, in compliance with the determinations of the District Court in Peratrovich v. United States, No. 3:92-cv-00734-HRH (D. Alaska), announce the initiation of reviews of pre-statehood withdrawals and reservations in the Tongass National Forest. These reviews, as ordered by the United States District Court for the District of Alaska, will be used in regulatory proceedings for the purpose of implementing Title VIII of the Alaska National Interest Lands Conservation Act with respect to submerged public lands within the Tongass National Forest.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Delist or Reclassify From Endangered to Threatened Six California Species
Document Number: 2012-13425
Type: Proposed Rule
Date: 2012-06-04
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 delist the Inyo California towhee (Pipilo crissalis eremophilus), and to reclassify from endangered to threatened the arroyo toad (Anaxyrus californicus), Indian Knob mountainbalm (Eriodictyon altissimum), Lane Mountain milk-vetch (Astragalus jaegerianus), Modoc sucker (Catostomus microps), and Santa Cruz cypress (Cupressus abramsiana) 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 the petitioned actions may be warranted. Therefore, with the publication of this notice, we are initiating status reviews of these taxa to determine if the respective actions of delisting and reclassifying are warranted. Section 4(c)(2)(A) of the Act also requires a status review of listed species at least once every 5 years. The status reviews we are initiating will also fulfill the requirements of section 4(c)(2) of the Act. To ensure that these status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding these species and subspecies. Based on these status reviews, we will issue 12-month findings for each of the species in the petition, which will address whether the petitioned actions are warranted under section 4(b)(3)(B) of the Act.