Fish and Wildlife Service March 2013 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our July 26, 2012, proposed listing and designation of critical habitat for the diamond darter (Crystallaria cincotta) 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 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 rule, associated DEA, and amended required determinations section. Comments previously submitted on the proposed rule need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment (EA) for Montezuma National Wildlife Refuge (NWR), located in Cayuga, Seneca, and Wayne Counties, New York. In this final CCP, we describe how we will manage the refuge for the next 15 years.

In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), and its implementing regulations, we, the U.S. Fish and Wildlife Service (Service) have developed draft revised marine mammal stock assessment reports (SAR) for two West Indian manatee stocks: the Puerto Rico stock of Antillean manatees and the Florida manatee stock. We now make the SARs available for public review and comment.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the August 17, 2012, proposal to add the Gierisch mallow to the list of endangered species under the Endangered Species Act of 1973, as amended (Act). We also announce the reopening of comment on the August 17, 2012, proposal to designate critical habitat for the Gierisch mallow and the availability of a draft economic analysis and draft environmental assessment of the proposed critical habitat designation and amended required determinations for the proposed rule. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposals, the associated draft economic and environmental analyses, and the amended required determinations. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

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. With some exceptions, 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 requires that we invite public comment before issuing these permits.

The U.S. Fish and Wildlife Service (Service) announces the availability of a draft Revised Supplement to the Grizzly Bear Recovery Plan. Specifically, this supplement proposes to revise the demographic recovery criteria for the Yellowstone Ecosystem. In the lower 48 States, Grizzly bears (Ursus arctos horribilis) are federally listed as threatened under the Endangered Species Act of 1973, as amended (Act). The Service solicits review and comment from the public on this draft revised plan.

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 U.S. Fish and Wildlife Service, announce a public meeting, teleconference and web-based meeting of the Trinity Adaptive Management Working Group (TAMWG).

We, the U.S. Fish and Wildlife Service (Service), announce the opening of an information gathering period regarding the status of the fisher (Martes pennanti) throughout the range of its West Coast distinct population segment (DPS) in the United States. The status review will include analysis of whether the West Coast DPS of the fisher warrants listing as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). We encourage interested parties to provide us information regarding the status of, and any potential threats to, the West Coast DPS of the fisher.

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.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental impact statement (Draft CCP/EIS) for the Deer Flat National Wildlife Refuge (Refuge, NWR) for public review and comment. In these documents, we describe alternatives, including our preferred alternative, for managing the Refuge for 15 years following approval of the final CCP.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the Environmental Assessment (EA) for Neal Smith National Wildlife Refuge (Refuge, NWR). In this final CCP, we describe how we intend to manage the refuge for the next 15 years.

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.

We, the U.S. Fish and Wildlife Service (Service), are extending the public comment period on two proposed rules: to list the Gunnison sage-grouse (Centrocercus minimus) as endangered and to propose critical habitat for the Gunnison sage-grouse under the Endangered Species Act of 1973, as amended (Act). Both proposed rules were published in the Federal Register on January 11, 2013. We are extending the comment period to allow the public an adequate opportunity to review and comment on the proposed rules. Comments already submitted need not be resubmitted, as they will be fully considered in preparation of the final rules, which we intend to issue by the end of Fiscal Year 2013 (September 30, 2013) as required by a court-approved settlement agreement.

Under the Endangered Species Act (Act), we, the U.S. Fish and Wildlife Service, announce the receipt and availability of a revised habitat conservation plan (revised HCP) and accompanying documents for wind energy development by San Francisco Wind Farm LLC (formerly WindMar R.E.) (Permittee). The revised HCP analyzes take of Puerto Rican crested toad (Peltophryne lemur) incidental to the previously authorized wind energy development activities in Guayanilla, Puerto Rico, so that this listed species might be added to those already covered by the existing incidental take permit (ITP). We invite public comments on these documents.

We, the U.S. Fish and Wildlife Service (Service, USFWS), have received an application from Enbridge Pipelines (Lakehead) L.L.C. (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973 (ESA). If approved, the ITP would authorize incidental take of the federally endangered Hine's Emerald Dragonfly (hereafter ``HED''). The applicant has prepared a low-effect habitat conservation plan (HCP) to cover activities associated with pipeline maintenance work in Garfield Township, Mackinac County, Michigan. We invite comments from the public on the application, which includes the low-effect HCP, which 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, 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 U.S. Fish and Wildlife Service (Service), have received an application from John Kelley and Denise McDonough for a 10- year incidental take permit under the Endangered Species Act of 1973, as amended. 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 an existing legal 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 package that includes the Kelley-McDonough 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 (Service), are issuing this final rule to comply with a court order that has the effect of reinstating the removal of the Virginia northern flying squirrel (Glaucomys sabrinus fuscus) from the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973 (ESA), as amended. Pursuant to the District of Columbia District Court of Appeals order dated August 17, 2012, and mandate dated November 13, 2012, this rule again removes the Virginia northern flying squirrel from the List of Endangered and Threatened Wildlife.

We, the U.S. Fish and Wildlife Service (Service), make available the final Agricultural Candidate Conservation Agreement with Assurances (CCAA) for the lesser prairie chicken (Tympanuchus pallidicinctus) (LEPC) in Oklahoma, as well as the final environmental assessment (EA) and the draft Finding of No Significant Impact (FONSI) under the National Environmental Policy Act of 1969 (NEPA). The Oklahoma Department of Wildlife Conservation (ODWC) applied for an enhancement of survival permit pursuant to Section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application included a draft CCAA between the Service and ODWC for the Lesser Prairie Chicken (LEPC) in 14 Oklahoma counties. Our decision is to authorize the issuance of an enhancement of survival permit to the ODWC for implementation of the CCAA (Preferred Alternative described below).