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

The public is invited to comment on the following application for approval to conduct certain activities with birds that are protected in accordance with the Wild Bird Conservation Act of 1992 (WBCA).

We, the U.S. Fish and Wildlife Service, announce a public teleconference of the Wildlife and Hunting Heritage Conservation Council (Council).

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Aliciella formosa (Aztec gilia) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and designate critical habitat. Based on our review, we find that the petition does not present substantial information indicating that listing Aztec gilia may be warranted. Therefore, we are not initiating a status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, Aztec gilia or its habitat at any time.

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.

We, the U.S. Fish and Wildlife Service (Service), intend to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare a Draft Environmental Impact Statement (DEIS) in anticipation of receiving an application for an Incidental Take Permit (ITP) amendment under section 10 of the Endangered Species Act (ESA) from the Washington Department of Natural Resources (WDNR) for their 1997 Habitat Conservation Plan (HCP) for forested State trust lands. The HCP amendment involves the proposed replacement of an interim conservation strategy for the threatened marbled murrelet (Brachyramphus marmoratus), which is currently being implemented under the HCP, with a long-term conservation strategy. The proposed amendment to the HCP and the ITP is exclusively limited to consideration of a long-term conservation strategy for the marbled murrelet on HCP-covered lands.

We, the U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (CDFG), in cooperation with the Sonoma Land Trust (SLT), announce that a final environmental impact report and environmental impact statement (EIR/EIS) for the Sears Point Wetland and Watershed Restoration Project is now available. The final EIR/EIS, which we prepared and now announce in accordance with the National Environmental Policy Act of 1969 (NEPA), describes the restoration of approximately 2,300 acres (ac) of former farmland located in Sonoma County, California, near the San Pablo Bay. The final EIR/EIS responds to all comments we received on the draft document. The restoration project, which would be implemented by the SLT, would restore natural estuarine ecosystems on diked baylands, while providing public access and recreational and educational opportunities compatible with ecological and cultural resources protection. The U.S. Army Corps of Engineers, San Francisco District, and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration are cooperating agencies on the final EIR/EIS.

We, the U.S. Fish and Wildlife Service (Service), propose to amend the regulations at 50 CFR part 17, which implement the Endangered Species Act of 1973, as amended (ESA), to create a special rule under authority of section 4(d) of the ESA that provides measures that are necessary and advisable to provide for the conservation of the polar bear (Ursus maritimus). The Secretary has the discretion to prohibit by regulation with respect to the polar bear any act prohibited by section 9(a)(1) of the ESA.

The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2012-13 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2012-13 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2014 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for Allium munzii (Munz's onion) and for Atriplex coronata var. notatior (San Jacinto Valley crownscale) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 889 acres (360 hectares) are being proposed for designation as critical habitat for A. munzii and approximately 8,020 acres (3,246 hectares) for A. c. var. notatior. All of the proposed revised critical habitat is located in Riverside County, California.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibits activities with listed species unless Federal authorization is acquired that allows such activities.

We propose to revise the regulations for permits for nonpurposeful take of golden eagles (Aquila chrysaetos) and bald eagles (Haliaeetus leucocephalus) where the take is associated with, but not the purpose of, an activity. We propose to extend the maximum term for programmatic permits to 30 years. The permits must incorporate conditions specifying additional measures that may be necessary to ensure the preservation of eagles, should monitoring data indicate the need for the measures. This change will facilitate the responsible development of renewable energy and other projects designed to operate for many decades, while continuing to protect eagles consistent with statutory mandates. For a permit valid for 5 years or more, we propose to charge an application processing fee sufficient to offset the estimated costs associated with working with the applicants to develop site plans and conservation measures, and prepare applications, and for us to review applications. For any project that is deemed likely to take eagles, we also propose to collect an additional administration fee when we grant a permit. The proposed change does not affect the tenure of any other migratory bird or eagle permit type.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list either the Eastern population or the Southern Rocky Mountain (SRM) population of the boreal toad (Anaxyrus boreas boreas) as a distinct population segment (DPS) that is endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Eastern population of the boreal toad as a DPS may be warranted. We did not find substantial information that listing the SRM population of the boreal toad as a DPS may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the Eastern population to determine if listing it as a DPS is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding the potential DPS. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in the Act.

The United States, as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), may propose amendments to the CITES Appendices for consideration at meetings of the Conference of the Parties. The sixteenth regular meeting of the Conference of the Parties to CITES (CoP16) is tentatively scheduled to be held in Thailand, March 3-15, 2013. With this notice, we describe proposed amendments to the CITES Appendices (species proposals) that the United States might submit for consideration at CoP16 and invite your comments and information on these proposals.

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.

We, the Fish and Wildlife Service (Service), are listing the Miami blue butterfly (Cyclargus thomasi bethunebakeri), as endangered under the Endangered Species Act of 1973, as amended (Act). We have determined that designation of critical habitat for the Miami blue butterfly is not prudent at this time. We also are listing the cassius blue butterfly (Leptotes cassius theonus), ceraunus blue butterfly (Hemiargus ceraunus antibubastus), and nickerbean blue butterfly (Cyclargus ammon) as threatened due to similarity of appearance to the Miami blue in coastal south and central Florida, and establishing a special rule under section 4(d) of the Act for these three species.

We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This information collection is scheduled to expire on September 30, 2012. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the San Francisco Bay-Delta distinct population segment (Bay Delta DPS) of longfin smelt as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the longfin smelt rangewide is not warranted at this time, but that listing the Bay-Delta DPS of longfin smelt is warranted. Currently, however, listing the Bay-Delta DPS of longfin smelt is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month finding, we will add the Bay-Delta DPS of longfin smelt to our candidate species list. We will develop a proposed rule to list the Bay-Delta DPS of longfin smelt as our priorities allow. We will make any determinations on critical habitat during the development of the proposed listing rule. During any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).

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.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Atchafalaya National Wildlife Refuge (NWR) in St. Martin and Iberville Parishes, Louisiana. In the final CCP, we describe how we will manage this refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Lee Metcalf National Wildlife Refuge, Stevensville, MT, for public review and comment. This Draft CCP/EA describes our proposal for managing the refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), propose changes in the regulations governing the administration of the national Boating Infrastructure Grant Program (BIG). We are updating the regulations to reflect changes in policy and practice that have occurred since the program's inception in 1998. We are also responding to recommendations received from States carrying out the program, a Federal advisory committee, and organizations with an interest in the program. The proposed rule will clarify the current program requirements, adjust the ranking criteria for competitive awards to correspond to the priorities in the Sportfishing and Boating Safety Act of 1998, organize questions and answers to reflect the life cycle of the grant, and reword and reformat regulations following Federal plain language policy and current rulemaking guidance.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the July 27, 2011, proposed designation of critical habitat for Ipomopsis polyantha (Pagosa skyrocket), Penstemon debilis (Parachute beardtongue), and Phacelia submutica (DeBeque phacelia) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis, a draft environmental assessment, and an amended required determinations section of the proposal. We also propose to revise critical habitat unit boundaries for Ipomopsis polyantha units 2 and 4, and for Phacelia submutica units 6, 7, and 9. Finally, we announce some potential additional areas being considered for exclusion from critical habitat for Penstemon debilis unit 3. We are reopening the comment period for the proposal to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated draft economic analysis (DEA), and draft environmental assessment (Draft EA), and the amended required determinations section. If you submitted comments previously, you do not need to resubmit them because we have already incorporated them into the public record and will fully consider them in preparation of the final rule.

We, the Fish and Wildlife Service, announce the availability of the final recovery plan for Spigelia gentianoides (Gentian pinkroot), a threatened species restricted to six locations within three counties in the Florida Panhandle and two counties in Alabama. The recovery plan includes specific recovery objectives and criteria to be met in order to reclassify this species from endangered to threatened status under the Endangered Species Act of 1973, as amended (Act).

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final voluntary Land-Based Wind Energy Guidelines (Guidelines). These Guidelines supersede the Service's 2003 voluntary interim guidelines for land-based wind energy development. They respond to accelerated development of land-based wind energy generation projects in the United States. These voluntary Guidelines provide developers and agency staff with an iterative process to make sound decisions in selecting sites to avoid, minimize and compensate for adverse effects to wildlife, particularly birds and bats, and their habitats resulting from construction, operation, and maintenance of land-based wind energy facilities.

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.