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

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.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for John Heinz National Wildlife Refuge at Tinicum (John Heinz NWR, refuge) in Delaware and Philadelphia Counties, Pennsylvania. In this final CCP, we describe how we will manage the refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Great Bay National Wildlife Refuge (NWR, refuge) in Newington, New Hampshire, which includes the Karner blue butterfly conservation easement in Concord, New Hampshire. Great Bay NWR is administered by Parker River NWR in Newburyport, Massachusetts. In this final CCP, we describe how we will manage the refuge and Karner blue butterfly conservation easement for the next 15 years.

We, the U.S. Fish and Wildlife Service, propose to list the Mount Charleston blue butterfly (Plebejus shasta charlestonensis) as an endangered species under the Endangered Species Act of 1973, as amended (Act). We also propose to list the lupine blue butterfly (Plebejus lupini texanus), Reakirt's blue butterfly (Echinargus isola), Spring Mountains icarioides blue butterfly (Plebejus icarioides austinorum), and the two Spring Mountains dark blue butterflies (Euphilotes ancilla cryptica and E. a. purpura) as threatened due to similarity of appearance to the Mount Charleston blue, with a special rule pursuant to section 4(d) of the Act. We solicit additional data, information, and comments that may assist us in making a final decision on this proposed action. In addition, we propose to make nonsubstantive, administrative changes to a previously published listing and special rule regarding five other butterflies to correct some inadvertent errors and to make these two special rules more consistent.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Spring Mountains acastus checkerspot butterfly (Chlosyne acastus robusta) as an endangered species 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 Spring Mountains acastus checkerspot butterfly 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 the Spring Mountains acastus checkerspot butterfly or its habitat at any time.

We, the U.S. Fish and Wildlife Service, propose to approve copper-clad iron shot and fluoropolymer coatings for hunting waterfowl and coots. We published a notice of application for nontoxic shot approval for copper-clad iron shot in the Federal Register on June 20, 2012 (77 FR 36980), and one for the fluoropolymer shot coatings on July 6, 2012 (77 FR 39983). Having completed our review of the application materials for both, we have concluded that neither the shot nor the coatings are likely to adversely affect fish, wildlife, or their habitats.

We, the Fish and Wildlife Service (Service), have received an application from Michael Richardson (applicant), for renewal of an incidental take permit (ITP; TE151087-0) 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.

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2012-13 season.

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).

The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2012-13 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 22, 2012. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.

We, the U.S. Fish and Wildlife Service (``Service''), announce 90-day findings on two petitions to remove the U.S. captive-bred and U.S. captive populations of three antelope species, the scimitar-horned oryx (Oryx dammah), dama gazelle (Gazella dama), and addax (Addax nasomaculatus), from the List of Endangered and Threatened Wildlife as determined under the Endangered Species Act of 1973, as amended (Act or ESA). Based on our review, we find that the petitions present substantial information indicating that delisting the U.S. captive animals or U.S. captive-bred members of these species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the U.S. captive members of these species to determine if delisting the U.S. captive specimens is warranted. Based on the status review, we will issue a 12-month finding on these two petitions, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the basalt juga (Juga new species (n. sp.) 2), canary duskysnail (Colligyrus convexus), cinnamon juga (Juga n. sp. 3), Columbia duskysnail (Colligyrus n. sp. 1), Fredenburg pebblesnail (Fluminicola n. sp. 11), Goose Valley pebblesnail (Fluminicola anserinus), Hat Creek pebblesnail (Fluminicola umbilicatus), Klamath Rim pebblesnail (Fluminicola n. sp. 3), knobby rams-horn (Vorticifex n. sp. 1), masked duskysnail (Colligyrus n. sp. 2), nugget pebblesnail (Fluminicola seminalis), Potem Creek pebblesnail (Fluminicola potemicus), Shasta pebblesnail (Fluminicola multifarius), and tall pebblesnail (Fluminicola n. sp. 2) as endangered or threatened, and to designate critical habitat, under the Endangered Species Act of 1973, as amended (Act). The Fredenburg pebblesnail and the Klamath Rim pebblesnail were referred to in the petition and in our 90-day finding (76 FR 61826) as the nerite pebblesnail and the diminutive pebblesnail, respectively (see Clarification Regarding Common Names for Two Petitioned Aquatic Mollusks, below). After review of the best available scientific and commercial information, we find that listing the basalt juga, cinnamon juga, Columbia duskysnail, Fredenburg pebblesnail, Klamath Rim pebblesnail, knobby rams-horn, masked duskysnail, and tall pebblesnail is not warranted at this time because these snails do not constitute listable entities under the Act (see Listable Entity Evaluation, below). We ask the public to submit to us new information that becomes available concerning the taxonomic status of these mollusks. We find that listing the canary duskysnail, Goose Valley pebblesnail, Hat Creek pebblesnail, nugget pebblesnail, Potem Creek pebblesnail, and Shasta pebblesnail is not warranted at this time. We ask the public to submit to us new information that becomes available concerning threats to these mollusks.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft comprehensive conservation plans and environmental assessments (Draft CCP/EAs) for three Oregon refuges Bandon Marsh, Nestucca Bay, and Siletz Bay National Wildlife Refuges (NWRs)for public review and comment. Each refuge's Draft CCP/EA describes our proposal for managing that refuge for the 15 years following approval of the final CCP.

We, the U.S. Fish and Wildlife Service, announce the availability of our Draft Recovery Plan for Four Subspecies of Island Fox (Urocyon littoralis) under the Endangered Species Act of 1973, as amended (Act). Each of the four subspecies, San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), Santa Cruz Island fox (U. l. santacruzae), and Santa Catalina Island fox (U. l. catalinae), is endemic to the Channel Island off southern California for which it is named. 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 species' status throughout its range.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Jemez Mountains salamander as an endangered species under the Endangered Species Act of 1973, as amended (Act); and propose to designate critical habitat for the species. In total, approximately 90,789 acres (36,741 hectares) are being proposed for designation as critical habitat in Los Alamos, Rio Arriba, and Sandoval Counties, New Mexico.

We, the U.S. Fish and Wildlife Service, propose to list two Texas plants, Leavenworthia texana (Texas golden gladecress) as an endangered species and Hibiscus dasycalyx (Neches River rose-mallow) as a threatened species under the Endangered Species Act of 1973, as amended (Act) and propose to designate critical habitat for both species. These are proposed regulations, and if finalized the effect of these regulations will be to conserve the species and protect their habitat under the Endangered Species Act.

The best scientific and commercial data available indicate that gray wolves (Canis lupus) in Wyoming are recovered and are no longer in need of protection as part of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). Therefore, we, the U.S. Fish and Wildlife Service (Service), remove the gray wolf in Wyoming from the Federal List of Endangered and Threatened Wildlife. Wyoming's gray wolf population is stable, threats are sufficiently minimized, and a post-delisting monitoring and management framework has been developed. Therefore, this final rule returns management for this species to the appropriate State, Tribal, or Federal agencies; management in National Parks and National Wildlife Refuges will continue to be guided by existing authorizing and management legislation and regulations. Finally, this action makes obsolete and removes the Yellowstone Experimental Population Area established in 1994 to facilitate reintroductions.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Scott and Rita Longworth 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 the federally endangered Morro shoulderband snail that is likely to occur incidental to the construction, maintenance, and occupation of a single-family residence on a legally created single-family zoned parcel in the unincorporated community of Los Osos, San Luis Obispo County, California. The applicants would implement a conservation program to minimize and mitigate project activities that are likely to result in take of the Morro shoulderband snail as described in their plan. We invite comments from the public on the application, which includes the Longworth Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail. This proposed action has been determined to be eligible for a Categorical Exclusion under the National Environmental Policy Act of 1969, as amended (NEPA).

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Eagle Lake rainbow trout (Oncorhynchus mykiss aquilarum) as an 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 indicating that listing the Eagle Lake rainbow trout may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the subspecies to determine if listing the Eagle Lake rainbow trout is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this subspecies. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service), determine that Arctostaphylos franciscana (Franciscan manzanita) meets the definition of an endangered species under the Endangered Species Act of 1973, as amended (Act). This final rule implements the Federal protections provided by the Act for this species. We are simultaneously publishing a proposed rule to designate critical habitat for Arctostaphylos franciscana in a separate Federal Register notice.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list four subspecies of Great Basin butterflies (White River Valley skipper (Hesperia uncas grandiosa), Steptoe Valley crescentspot (Phyciodes cocyta arenacolor), Baking Powder Flat blue butterfly (Euphilotes bernardino minuta), and bleached sandhill skipper (Polites sabuleti sinemaculata)) in Nevada as endangered or threatened species and 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 these four butterfly and skipper subspecies 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 the White River Valley skipper, Steptoe Valley crescentspot, Baking Powder Flat blue butterfly, and bleached sandhill skipper or their habitats at any time.

The Fish and Wildlife Service (Service) announces the availability of the Final Environmental Impact Statement (EIS) on the Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan (Plan), along with the Implementing Agreement (IA), for review. The EIS was updated to address the comments received on the 2010 Draft EIS. We are considering issuing an incidental take permit for 18 species in response to applications from the County of Santa Clara; Cities of San Jose, Gilroy, and Morgan Hill; Santa Clara Valley Transportation Authority, and Santa Clara Valley Water District (applicants). The applicants are currently in the process of creating a Joint Powers Authority (JPA) to implement the Plan. Following its formation, the Service anticipates that the applicants will submit an application to the Service to amend the section 10(a)(1)(B) incidental take permit to add the JPA.

We, the U.S. Fish and Wildlife Service (Service), advise the public that we, in coordination with our planning partners, intend to prepare the Midwest Wind Energy Multi-Species Habitat Conservation Plan (MSHCP) under the Endangered Species Act of 1973, as amended (ESA). The planning partners are currently considering for inclusion in the MSHCP certain species that are federally listed, as well as other species likely to become listed, within the eight-State planning area. Planning partners in this effort include the conservation agencies for the eight states, The Conservation Fund, and the American Wind Energy Association (AWEA). We provide this notice to (1) Describe the proposal; (2) advise other Federal and State agencies, potentially affected tribal interests, and the public of our intent to prepare the MSHCP; (3) seek public input, suggestions, and information on any issues pertaining to this planning process; (4) and to seek public input on what the permit area should be within the eight-State planning area.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Platte River caddisfly (Ironoquia plattensis) as an endangered or threatened species and to designate critical habitat under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find that listing the Platte River caddisfly as an endangered or threatened 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 the Platte River caddisfly or its habitat at any time.