Fish and Wildlife Service July 2012 – Federal Register Recent Federal Regulation Documents
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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 joint TAMWG and TMC meeting, which is open to the public.
Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Indiana Bat, Criterion Power Partners, LLC
We, the U.S. Fish and Wildlife Service (Service), have received an application from Criterion Power Partners, LLC (CPP) for an incidental take permit under the Endangered Species Act of 1973, as amended (ESA). We are considering issuing a 21-year permit to the applicant that would authorize take of the federally endangered Indiana bat incidental to otherwise lawful activities associated with operation, maintenance, and decommissioning of a 28-turbine wind farm. Pursuant to the ESA and the National Environmental Policy Act, we announce the availability of CPP's incidental take permit application and draft habitat conservation plan, as well as the Service's draft environmental assessment (EA), for public review and comment. We provide this notice to seek comments from the public and Federal, Tribal, State, and local governments.
Endangered and Threatened Wildlife and Plants; Recovery Permit Application
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 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.
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 Federal authorization is acquired that allows such activities.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Gila Mayfly as Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Gila mayfly (Lachlania dencyanna) as 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 Gila mayfly 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 Gila mayfly 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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Lost River Sucker and Shortnose Sucker
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the December 7, 2011, proposed designation of critical habitat for the Lost River sucker (Deltistes luxatus) and shortnose sucker (Chasmistes brevirostris) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for Lost River sucker and shortnose sucker and an amended required determinations section of the proposal.
Endangered and Threatened Wildlife and Plants; Endangered Status for the Diamond Darter and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service, propose to list the diamond darter (Crystallaria cincotta) as endangered under the Endangered Species Act of 1973, as amended (Act); and propose to designate critical habitat for the species. In total, approximately 197.1 river kilometers (122.5 river miles) are being proposed for designation as critical habitat. The proposed critical habitat is located in Kanawha and Clay Counties, West Virginia, and Edmonson, Hart, and Green Counties, Kentucky.
Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Draft Environmental Assessment and Draft San Luis Valley Regional Habitat Conservation Plan, Colorado
We, the U.S. Fish and Wildlife Service, have received applications from the Rio Grande Water Conservation District; Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache Counties; the municipalities of Alamosa, Monte Vista, Del Norte, and South Fork; and the State of Colorado Department of Natural Resources (hereafter collectively referred to as ``the applicants'') for incidental take permits under the Endangered Species Act of 1973, as amended (ESA). We are considering issuing the permits in association with implementation of a regional habitat conservation plan (HCP) in the San Luis Valley, Colorado. Pursuant to the ESA and the National Environmental Policy Act, we announce the availability of the draft HCP and draft environmental assessment for review and comment by the public and Federal, Tribal, State, and local governments.
Endangered and Threatened Wildlife and Plants; Receipt of Application for Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan; Marion County Utilities, Marion County, FL
We, the Fish and Wildlife Service (Service), have received an application from Marion County Utilities (applicant), for a 10-year incidental take permit (ITP; TE79178A-0) under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application and accompanying proposed habitat conservation plan (HCP), as well as on our preliminary determination that the plan qualifies as low-effect under the National Environmental Policy Act (NEPA). To make this determination, we used our environmental action statement and low-effect screening form, which are also available for review.
Draft Environmental Assessment and Proposed Habitat Conservation Plan for the San Diego Unified School District's Jonas Salk Elementary School Project in the City of San Diego, San Diego County, CA
We, the U.S. Fish and Wildlife Service (Service), have prepared a draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) for the proposed Jonas Salk Elementary School Project in response to an application from the San Diego Unified School District (District or applicant) for a 10-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of one federally listed animal, the San Diego fairy shrimp (Branchinecta sandiegonensis). The applicant would implement a conservation program to mitigate the project impacts, as described in the applicant's habitat conservation plan (plan). We request data, comments, and 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.
Endangered and Threatened Wildlife and Plants; Publishing Notice of Receipt of Captive-Bred Wildlife Registration Applications
We, the U.S. Fish and Wildlife Service (Service), are amending the regulations that implement the Endangered Species Act (Act) by establishing public notice-and-comment procedures for applications to conduct certain otherwise-prohibited activities under the Act that are authorized under the Captive-Bred Wildlife (CBW) regulations. This action adds procedural requirements to the processing of applications for registration under the CBW regulations. Notices of receipt of each application will be published in the Federal Register, and the Service will accept public comments on each application for 30 days. If the registration is granted, the Service will publish certain findings in the Federal Register. In addition, for persons meeting the criteria for registering under the CBW Program, each registration will now remain effective for 5 years rather than 3 years.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Tidewater Goby
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the October 19, 2011, proposed revised designation of critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed revised designation of critical habitat for tidewater goby 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 revised designation, the associated DEA, 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; 90-Day Finding on a Petition To List the Sonoran Talussnail as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Sonoran talussnail (Sonorella magdalenensis) 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 species 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 Sonoran talussnail 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.
Endangered and Threatened Wildlife and Plants; Listing Foreign Bird Species in Peru and Bolivia as Endangered Throughout Their Range
We, the U.S. Fish and Wildlife Service (We or Service), determine endangered status for the following six South American bird species (collectively referred to as species for purposes of this final rule) under the Endangered Species Act of 1973, as amended (Act): Ash- breasted tit-tyrant (Anairetes alpinus), Jun[iacute]n grebe (Podiceps taczanowskii), Jun[iacute]n rail (Laterallus tuerosi), Peruvian plantcutter (Phytotoma raimondii), royal cinclodes (Cinclodes aricomae), and white-browed tit-spinetail (Leptasthenura xenothorax). These species are in danger of extinction throughout all of their ranges. All six species are native to Peru. The ash-breasted tit-tyrant and royal cinclodes are also native to Bolivia.
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; 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 Federal authorization is acquired that allows such activities.
Endangered and Threatened Species Permit Applications
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered or threatened species. The Endangered Species Act of 1973, as amended (Act), prohibits activities with endangered and threatened species unless a Federal permit allows such activities. The Act and the National Environmental Policy Act also require that we invite public comment before issuing these permits.
Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings
The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2012-13 early-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 maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions. This proposed rule also provides the final regulatory alternatives for the 2012-13 duck hunting seasons.
Draft Environmental Impact Statement and Draft Habitat Conservation Plan for Incidental Take of 11 Federally Listed or Petitioned Species by the Edwards Aquifer Recovery Implementation Program in 8 Texas Counties
We, the U.S. Fish and Wildlife Service, announce the availability of the draft environmental impact statement and the draft Edwards Aquifer Recovery Implementation Program (EARIP) habitat conservation plan, under the National Environmental Policy Act of 1969. The EARIP has applied for an incidental take permit (TE63663A-0) under the Endangered Species Act of 1973, as amended, that would authorize incidental take of animal species and impacts to plant species (covered species) in all, or portions, of eight Texas counties.
Endangered and Threatened Wildlife and Plants; 12-Month 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 12-month finding on a petition to list six Nevada sand dune beetle species as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). In our 90- day finding on this petition (76 FR 47123, August 4, 2011), we determined that the petition presented substantial information indicating that listing may be warranted for four of the six species: Crescent Dunes aegialian scarab (Aegialia crescenta), Crescent Dunes serican scarab (Serica ammomenisco), large aegialian scarab (Aegialia magnifica), and Giuliani's dune scarab (Pseudocotalpa giulianii). We also determined that the petition did not present substantial information indicating that listing the other two species, Hardy's aegialian scarab (Aegialia hardyi) and Sand Mountain serican scarab (Serica psammobunus), may be warranted. We therefore initiated status reviews on only the Crescent Dunes aegialian scarab, Crescent Dunes serican scarab, large aegialian scarab, and Giuliani's dune scarab. After review of the best available scientific and commercial information, we find that listing these four beetle species is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to these four beetle species or their habitat at any time.
Endangered and Threatened Wildlife and Plants; Issuance of Recovery Permits
We, the U.S. Fish and Wildlife Service, have issued the following permits, between January and June 2012, 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 these permits for endangered species.
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 Federal authorization is acquired that allows such activities.
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for the Southwestern Willow Flycatcher
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the August 15, 2011, proposed designation of revised critical habitat for the southwestern willow flycatcher (Empidonax traillii extimus) (flycatcher) 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 our amended required determinations and revisions to the proposed revised designation, which include additional areas as proposed critical habitat on two streams within the Santa Cruz Management Unit, Arizona, and revisions to areas being considered for exclusion under section 4(b)(2) of the Act. We are accepting comments on the draft environmental assessment prepared in compliance with the National Environmental Policy Act (NEPA) and the draft economic analysis associated with the proposed rule. We are also providing notice of a public informational session and hearing (see DATES and ADDRESSES). 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; Determination of Endangered Status for the Chupadera Springsnail and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service, determine endangered status for the Chupadera springsnail and designate critical habitat for the species under the Endangered Species Act of 1973, as amended. The effect of this rule is to conserve the Chupadera springsnail and its habitat under the Endangered Species Act.
Culebra National Wildlife Refuge, PR; Draft Comprehensive Conservation Plan and Environmental Assessment
We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Culebra National Wildlife Refuge (NWR) in the municipality of Culebra, Puerto Rico, for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the final CCP.
Desecheo National Wildlife Refuge, PR; Draft Comprehensive Conservation Plan and Environmental Assessment
We, the Fish and Wildlife Service (Service) announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Desecheo National Wildlife Refuge (NWR) in the municipality of Mayag[uuml]ez, Puerto Rico, for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the final CCP.
2012-2013 Refuge-Specific Hunting and Sport Fishing Regulations
The Fish and Wildlife Service proposes to add one refuge to the list of areas open for hunting and/or sport fishing, close one refuge to hunt activities, close one hunt opportunity at one refuge, and increase the hunting activities available at 16 other refuges, along with pertinent refuge-specific regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2012-2013 season.
Draft Safe Harbor Agreement and Application for an Enhancement of Survival Permit for the Tres Rios Project
The City of Phoenix (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit (TE75475A-0) pursuant to the Endangered Species Act (Act), as amended. The requested permit, which is for a period of 50 years, would authorize incidental take of Yuma clapper rail (Rallus longirostris yumanensis) and southwestern willow flycatcher (Empidonax traillii extimus) as a result of operation and maintenance activities associated with the Tres Rios Project, and a potential return to baseline conditions. We invite the public to review and comment on the permit application and the associated draft Safe Harbor Agreement (SHA).
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Buena Vista Lake Shrew
We, the U.S. Fish and Wildlife Service (Service), announce that we are further revising our proposed revised designation of critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) under the Endangered Species Act of 1973, as amended (Act). In 2009, we proposed to revise our critical habitat designation to consist of 4,649 acres (1,881 hectares) of land in five units in Kern County. That acreage has been recalculated, with use of current Geographic Information Systems technology, as 4,657 acres (1,885 hectares). In this revised proposal, we propose to add 525 acres (212 hectares) as critical habitat in the general areas of Kings and Kern Counties, California, including new units near Lemoore, Kings County, and near Semitropic, Kern County, California. In total, we are now proposing to designate approximately 5,182 acres (2,098 hectares) as critical habitat for the Buena Vista Lake shrew. We are reopening the comment period to allow interested parties an opportunity to comment on the proposal to revise the designation of critical habitat for the Buena Vista Lake shrew as proposed to be further revised in this document.
Receipt of Applications for Endangered Species Permits
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA requires that we invite public comment before issuing these permits.
Proposed Information Collection; Depredation Orders for Double-Crested Cormorants
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 January 31, 2013. 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.
Proposed Information Collection; Federal Subsistence Regulations and Associated Forms
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 January 31, 2013. 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.
U.S. Coral Reef Task Force Public Meeting and Public Comment
We, the U.S. Fish and Wildlife Service (Service), announce a public meeting of the U.S. Coral Reef Task Force (USCRTF) and a request for written comments. This meeting, the 28th biannual meeting of the USCRTF, provides a forum for coordinated planning and action among Federal agencies, State and territorial governments, and nongovernmental partners.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List Maytenus cymosa
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Maytenus cymosa (Caribbean mayten), a tree, 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 does not present substantial information indicating that listing M. cymosa 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, M. cymosa or its habitat at any time.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List a Distinct Population Segment of the American Black Bear in Nevada as Endangered or Threatened
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list a distinct population segment (DPS) of the American black bear (Ursus americanus) in Nevada as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). For the purposes of this finding, we evaluated whether the petition presents substantial information to indicate whether the petitioned entity (the DPS of the American black bear in Nevada) may be a listable entity. Based on our review, we conclude that the petition does not provide substantial information indicating that the DPS of the American black bear in Nevada may be a listable entity under the Act. Because the petition does not present substantial information indicating that the American black bear in Nevada may be a listable entity, we did not evaluate whether the information contained in the petition regarding threats was substantial. 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, the American black bear in Nevada or its habitat at any time.
Endangered and Threatened Wildlife and Plants; Permit Applications
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.
Meeting Announcement: North American Wetlands Conservation Council
The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.
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