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

Subsistence Management Program for Public Lands in Alaska; Rural Determination Process
Document Number: 2012-31359
Type: Notice
Date: 2012-12-31
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
Federal subsistence regulations require that the rural or nonrural status of communities or areas be reviewed every 10 years. In 2009, the Secretary of the Interior initiated a review of the Federal Subsistence Management Program. An ensuing directive was for the Federal Subsistence Board (Board) to review its process for determining the rural and nonrural status of communities. As a result, the Board has initiated a review of the rural determination process and is requesting comments from the public. These comments will be used by the Board, coordinating with the Secretaries of the Interior and Agriculture, to assist in making decisions regarding the scope and nature of possible changes to improve the rural determination process.
Prime Hook National Wildlife Refuge, Sussex County, DE; Final Comprehensive Conservation Plan and Environmental Impact Statement
Document Number: 2012-31365
Type: Notice
Date: 2012-12-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability for review of our final comprehensive conservation plan (CCP) and environmental impact statement (EIS) for Prime Hook National Wildlife Refuge (NWR). The CCP/EIS describes how we propose to manage the refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Draft Revised Recovery Plan for Kendall Warm Springs Dace
Document Number: 2012-31011
Type: Notice
Date: 2012-12-26
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces the availability of a draft revised recovery plan for the Kendall Warm Springs dace (Rhinichthys osculus thermalis). This species is federally listed as endangered under the Endangered Species Act of 1973, as amended (ESA). The Service solicits review and comment from the public on this draft revised plan.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for the Gulf Coast Jaguarundi
Document Number: 2012-30914
Type: Notice
Date: 2012-12-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of our draft recovery plan for the Gulf Coast jaguarundi (Puma yagouaroundi cacomitli) under the Endangered Species Act of 1973, as amended (Act). This species historically occurred in southern Texas in the United States and is currently known to occur in eastern Mexico as far south as Veracruz. We request review and comment on our plan from local, State, and Federal agencies, and the public. We will also accept any new information on the status of the Gulf Coast jaguarundi throughout its range to assist in finalizing the recovery plan.
Endangered and Threatened Wildlife and Plants; Reclassification of the Continental U.S. Breeding Population of the Wood Stork From Endangered to Threatened
Document Number: 2012-30731
Type: Proposed Rule
Date: 2012-12-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to reclassify the continental United States (U.S.) breeding population of wood stork from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). We find that the best available scientific and commercial data indicate that the endangered designation no longer correctly reflects the current status of the continental U.S. breeding population of the wood stork due to a substantial improvement in the species' overall status. This proposed rule also constitutes our 12-month finding on the petition to reclassify the species.
Malheur National Wildlife Refuge, Harney County, OR; Final Comprehensive Conservation Plan and Final Environmental Impact Statement
Document Number: 2012-30852
Type: Notice
Date: 2012-12-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan and environmental impact statement (CCP/EIS) for the Malheur National Wildlife Refuge (Refuge). In the final CCP/EIS, we describe alternatives, including our preferred alternative, for managing the Refuge for the next 15 years.
Kenai National Wildlife Refuge, Soldotna, AK; Draft Environmental Impact Statement for the Shadura Natural Gas Development Project
Document Number: 2012-30756
Type: Notice
Date: 2012-12-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce that the Draft Environmental Impact Statement (EIS) for the Shadura Natural Gas Development Project is available for public review and comment. The EIS was prepared pursuant to the Alaska National Interest Lands Conservation Act of 1980 (ANILCA); the National Wildlife Refuge System Administration Act of 1966 (Refuge Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997 (Refuge Improvement Act); and the National Environmental Policy Act of 1969 (NEPA). It describes five alternatives for accessing the subsurface natural gas estate owned by Cook Inlet Region, Inc. (CIRI), and provides analysis of the effects of those alternatives. The Service does not have a preferred alternative.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Delist the Southern Selkirk Mountains Population of Woodland Caribou
Document Number: 2012-30554
Type: Proposed Rule
Date: 2012-12-19
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 southern Selkirk Mountains population of woodland caribou (Rangifer tarandus caribou) from the Federal List of Endangered and Threatened Wildlife and Plants as determined under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial information indicating that delisting this population of the woodland caribou subspecies may be warranted. Therefore, with the publication of this notice, we initiate a review of the status of the subspecies to determine if delisting the southern Selkirk Mountains population of woodland caribou is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding the status of the woodland caribou subspecies (Rangifer tarandus caribou), the southern Selkirk Mountains population of woodland caribou, the mountain ecotype of the woodland caribou, and other possible woodland caribou distinct population segment configurations. 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; Termination of the Southern Sea Otter Translocation Program
Document Number: 2012-30486
Type: Rule
Date: 2012-12-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are removing the regulations that govern the southern sea otter (Enhydra lutris nereis) translocation program, including the establishment of an experimental population of southern sea otters, and all associated management actions. Removal of the regulations terminates the program. We analyzed the environmental consequences of this action, and alternatives to it, in a final supplemental environmental impact statement (final SEIS), which we made available to the public on November 9, 2012. This Federal Register document records our decision to select the preferred alternative, Alternative 3C.
Endangered and Threatened Wildlife and Plants; Enhancement of Survival Permit Application; Draft Black-Footed Ferret Programmatic Safe Harbor Agreement and Environmental Assessment
Document Number: 2012-30470
Type: Notice
Date: 2012-12-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application from the Black-footed Ferret Recovery Implementation Coordinator for an enhancement of survival permit under the Endangered Species Act of 1973, as amended (ESA). The application includes a draft programmatic Safe Harbor Agreement (Agreement) to reintroduce the federally endangered black-footed ferret on properties of voluntary participants across the species' range to further recovery of this species. Pursuant to the ESA and the National Environmental Policy Act, we announce the availability of the draft Agreement and draft environmental assessment (EA) for review and comment by the public and Federal, Tribal, State, and local governments.
Wildlife and Hunting Heritage Conservation Council
Document Number: 2012-30384
Type: Notice
Date: 2012-12-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Wildlife and Hunting Heritage Conservation Council (Council).
Final Recovery Plan, First Revision; Mexican Spotted Owl
Document Number: 2012-30348
Type: Notice
Date: 2012-12-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service, announce the availability of our final recovery plan, first revision, for the Mexican Spotted Owl, which is listed as threatened under the Endangered Species Act of 1973, as amended (Act). This species occurs in the States of Arizona, Colorado, New Mexico, Texas, and Utah, and south through the Sierra Madre Occidental and Sierra Madre Oriental in Mexico. The recovery plan includes specific recovery objectives and criteria to be met in order to enable us to remove this species from the list of endangered and threatened wildlife and plants.
Endangered Species; Receipt of Applications for Permit
Document Number: 2012-30214
Type: Notice
Date: 2012-12-14
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: 2012-30212
Type: Notice
Date: 2012-12-14
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).
Proposed Low-Effect Habitat Conservation Plan for the State-Route 99/Cartmill Avenue Interchange Improvements Project, City of Tulare, Tulare County, CA
Document Number: 2012-30186
Type: Notice
Date: 2012-12-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received an application from the City of Tulare, Tulare County, California (applicant), for a 5-year incidental take permit for two species under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of two listed animals, the vernal pool fairy shrimp and the San Joaquin kit fox. The applicant would implement a conservation strategy program to avoid, minimize, and mitigate effects of the project's covered activities, as described in the applicant's low-effect habitat conservation plan (HCP). We request comments on the applicant's application and plan, and our 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.
Proposed Habitat Conservation Plan/Natural Community Conservation Plan for Western Butte County, CA: Environmental Impact Statement
Document Number: 2012-30182
Type: Notice
Date: 2012-12-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a draft environmental impact statement (EIS) under the National Environmental Policy Act for the proposed Habitat Conservation Plan/ Natural Community Conservation Plan for Western Butte County, hereafter referred to as the Butte Regional Conservation Plan (BRCP). This document is being prepared under the Endangered Species Act of 1973, as amended, and the California Natural Community Conservation Planning Act. The BRCP addresses State and Federal endangered species compliance requirements for the county of Butte and the cities of Oroville, Chico, Biggs, and Gridley (local agencies); the Butte County Association of Governments (BCAG); the California Department of Transportation (Caltrans); the Western Canal Water District; the Biggs West Gridley Water District, Butte Water District; and Richvale Irrigation District; and the BRCP implementing entity that will be established to implement the BRCP (permit applicants) for activities and projects in the BRCP plan area that they conduct or approve. The permit applicants intend to apply for a 50-year incidental take permit from the Service. This permit is needed to authorize the incidental take of threatened and endangered species that could result from activities covered under the BCRP. We announce meetings and invite comments.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Depredation Orders for Double-Crested Cormorants
Document Number: 2012-30181
Type: Notice
Date: 2012-12-14
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 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Federal Subsistence Regulations and Associated Forms
Document Number: 2012-30175
Type: Notice
Date: 2012-12-14
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 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Endangered and Threatened Wildlife and Plants; Recovery Permit Application
Document Number: 2012-30079
Type: Notice
Date: 2012-12-13
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 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 activity. The Act also requires that we invite public comment before issuing these permits.
Trinity Adaptive Management Working Group
Document Number: 2012-30077
Type: Notice
Date: 2012-12-13
Agency: Fish and Wildlife Service, Department of the Interior
The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). The TMC interprets and recommends policy, coordinates and reviews management actions, and provides organizational budget oversight. This notice announces a TAMWG meeting, which is open to the public.
Endangered and Threatened Wildlife and Plants; Listing Four Subspecies of Mazama Pocket Gopher and Designation of Critical Habitat
Document Number: 2012-29335
Type: Proposed Rule
Date: 2012-12-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, propose to list four subspecies of Mazama pocket gopher (Olympia, Tenino, Yelm, and Roy Prairie) as threatened species under the Endangered Species Act of 1973, as amended (Act). We additionally propose to designate critical habitat for these subspecies. We have determined that the Tacoma pocket gopher is extinct, and that the listing of three other subspecies of Mazama pocket gopher (Shelton, Cathlamet, and Olympic) is not warranted. These determinations fulfill our obligations under a settlement agreement. These are proposed regulations, and if finalized, the effect of these regulations will be to add these species to the List of Endangered and Threatened Wildlife and to designate critical habitat under the Endangered Species Act.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Lost River Sucker and Shortnose Sucker
Document Number: 2012-29332
Type: Rule
Date: 2012-12-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, designate critical habitat for the Lost River sucker and shortnose sucker under the Endangered Species Act. In total, approximately 146 miles (234 kilometers) of streams and 117,848 acres (47,691 hectares) of lakes and reservoirs for Lost River sucker and approximately 136 miles (219 kilometers) of streams and 123,590 acres (50,015 hectares) of lakes and reservoirs for shortnose sucker in Klamath and Lake Counties, Oregon, and Modoc County, California, fall within the boundaries of the critical habitat designation. The effect of this regulation is to conserve Lost River sucker's and shortnose sucker's habitat under the Endangered Species Act.
Endangered and Threatened Wildlife and Plants; Listing the Lesser Prairie-Chicken as a Threatened Species
Document Number: 2012-29331
Type: Proposed Rule
Date: 2012-12-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, propose to list the lesser prairie-chicken (Tympanuchus pallidicinctus), a grassland bird known from southeastern Colorado, western Kansas, eastern New Mexico, western Oklahoma, and the Texas Panhandle, as a threatened species under the Endangered Species Act of 1973, as amended (Act). If we finalize the rule as proposed, it would extend the Act's protection to this species. We have determined that designation of critical habitat for the lesser prairie-chicken under the Act is prudent but not determinable at this time. We are seeking information and comments from the public regarding the lesser prairie-chicken and this proposed rule.
Endangered and Threatened Wildlife and Plants; Recovery Permit Application
Document Number: 2012-29717
Type: Notice
Date: 2012-12-10
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 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 activity. The Act also requires that we invite public comment before issuing these permits.
Endangered and Threatened Wildlife and Plants; Recovery Permit Application
Document Number: 2012-29715
Type: Notice
Date: 2012-12-10
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 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 activity. The Act also requires that we invite public comment before issuing these permits.
Draft Environmental Impact Statement and Draft Pima County Multi-Species Habitat Conservation Plan; Pima County, AZ
Document Number: 2012-29391
Type: Notice
Date: 2012-12-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received an application from Pima County and the Pima County Regional Flood Control District (applicants) for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (Act). The application has been assigned permit number TE84356A. If approved, the permit would be in effect for a period of 30 years, and would authorize incidental take of 5 animal species and impacts to 2 plant species currently listed under the Act, as well as impacts to 4 candidate species and 33 species that may become listed under the Act in the future (collectively, ``covered species''). The proposed incidental take or impacts would occur in Pima County and adjacent counties in Arizona, as a result of specific actions conducted under the authority of the applicants. We are making the application and associated documents available for public review, and we invite public comments.
Endangered Species; Receipt of Applications for Permit
Document Number: 2012-29501
Type: Notice
Date: 2012-12-06
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.
Meeting Announcement: North American Wetlands Conservation Council
Document Number: 2012-29254
Type: Notice
Date: 2012-12-04
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Prairie Gray Fox, the Plains Spotted Skunk, and a Distinct Population Segment of the Mearn's Eastern Cottontail in East-Central Illinois and Western Indiana as Endangered or Threatened Species
Document Number: 2012-29188
Type: Proposed Rule
Date: 2012-12-04
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 list the prairie gray fox (Urocyon cinereoargenteus ocythous), the plains spotted skunk (Spilogale putorius interrupta), and a distinct population segment (DPS) of the Mearn's eastern cottontail (Sylvilagus floridanus mearnsi) in Illinois and western Indiana as endangered or threatened species 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 that listing the prairie gray fox and the plains spotted skunk may be warranted. Therefore, with the publication of this notice, we initiate a review of the status of the prairie gray fox and the plains spotted skunk to determine if listing either of these subspecies is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding these 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. We also evaluated whether the petition presents substantial information to indicate whether or not the Mearn's eastern cottontail in east-central Illinois and western Indiana qualifies as a DPS that may be warranted for listing. Based on our review, we conclude that the petition does not provide substantial information indicating that population of Mearn's eastern cottontail in east-central Illinois and western Indiana is a listable entity under the Act. Because the petition does not present substantial information indicating that the population of Mearn's eastern cottontail in east-central Illinois and western Indiana may be a listable entity, we did not evaluate whether or not the information contained in the petition regarding threats to that population was substantial. We are not initiating a status review in response to this petition for Mearn's eastern cottontail in east- central Illinois and western Indiana. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the Mearn's eastern cottontail or its habitat at any time.
Endangered Species Recovery Permit Applications
Document Number: 2012-29178
Type: Notice
Date: 2012-12-04
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.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List Phoenix dactylifera
Document Number: 2012-29153
Type: Proposed Rule
Date: 2012-12-04
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 list Phoenix dactylifera `Sphinx' (sphinx date palm) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted. We find that the petition does not identify an entity that is listable under the Act. Therefore, we are not initiating a status review for the sphinx date palm in response to this petition.
Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for the Northern Spotted Owl
Document Number: 2012-28714
Type: Rule
Date: 2012-12-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, designate revised critical habitat for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act. In total, approximately 9,577,969 acres (ac) (3,876,064 hectares (ha)) in 11 units and 60 subunits in California, Oregon, and Washington fall within the boundaries of the critical habitat designation.
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Riverside Fairy Shrimp
Document Number: 2012-28250
Type: Rule
Date: 2012-12-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, revise the critical habitat for the Riverside fairy shrimp under the Endangered Species Act of 1973, as amended. The previous critical habitat consisted of land in four units in Ventura, Orange, and San Diego Counties, California. We now designate land in three units in Ventura, Orange, and San Diego Counties, California, for a total of approximately 1,724 ac (698 ha), which represents critical habitat for this species. Areas in Riverside County are excluded from critical habitat in this final revised rule.