Fish and Wildlife Service April 2013 – 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 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), intend to prepare a programmatic environmental assessment (PEA) to evaluate the effects of the cultivation and use of genetically modified crops (GMCs) on lands that are part of the National Wildlife Refuge System in the Southeast Region (Refuge System lands). The Service's Southeast Region includes: Alabama, Arkansas, Tennessee, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and the Caribbean. We provide this notice to advise other Federal and State agencies, Native American tribes, non-governmental organizations, and the public of our intention as well as to obtain suggestions and information on the scope of issues to consider during the PEA planning process. These actions are part of our effort to comply with the general provisions of the National Environmental Policy Act of 1969, as amended (NEPA); NEPA regulations; other appropriate Federal laws and regulations; and our policies and procedures for compliance with those laws and regulations. As a requirement of NEPA, we must identify resource issues, develop alternatives for the use of GMCs, and evaluate the effects of each of our chosen alternatives on the human environment.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our October 4, 2012, proposed listing and designation of critical habitat for the fluted kidneyshell (Ptychobranchus subtentum) and slabside pearlymussel (Pleuronaia dolabelloides) 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, the associated DEA, and amended required determinations section. 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 (Service), announce the availability of the final comprehensive conservation plan (CCP) and record of decision (ROD) for Prime Hook National Wildlife Refuge (NWR). We completed a thorough analysis of the environmental, social, and economic considerations and presented it in our final CCP and environmental impact statement (EIS), which we released to the public on December 28, 2012. The ROD documents our decision to implement alternative B, as described in the final CCP/EIS. The Regional Director, U.S. Fish and Wildlife Service, Northeast Region, signed the ROD on March 29, 2013. We will begin implementation of the CCP immediately.

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, propose to list the Sierra Nevada yellow-legged frog and the northern distinct population segment (DPS) (populations that occur north of the Tehachapi Mountains) of the mountain yellow-legged frog as endangered species, and the Yosemite toad as a threatened species under the Endangered Species Act of 1973, as amended (Act). The effect of this regulation would be to add the species to the List of Endangered and Threatened Wildlife under the Act.

In this Annual Notice of Review (ANOR) of foreign species, we present an updated list of plant and animal species foreign to the United States that we regard as candidates for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. This review ensures that we focus conservation efforts on those species at greatest risk first. Overall, this ANOR recognizes one new candidate and removes one species from candidate status. The current number of foreign species that are candidates for listing is 20. Based on our current review, we find that 20 species continue to warrant listing, but their listing remains precluded by higher priority proposals to determine whether any species is an endangered species or a threatened species.

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.

We, the U.S. Fish and Wildlife Service (we, the Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (CCP and EA) for Sunkhaze Meadows National Wildlife Refuge (NWR) and Carlton Pond Waterfowl Production Area (WPA), located in Penobscot, Kennebec, and Waldo Counties, Maine, for public review and comment. The draft CCP and EA describes our proposal for managing the refuge and WPA for the next 15 years. Also available for public review and comment are the draft findings of appropriateness and draft compatibility determinations for uses to be allowed upon initial completion of the plan, if alternative B is selected. These are included as appendix B in the draft CCP and EA.

We, the U.S. Fish and Wildlife Service, designate critical habitat for Umtanum desert buckwheat (Erigonum codium) and White Bluffs bladderpod (Physaria douglasii subsp. tuplashensis) under the Act. In total, approximately 344 acres (139 hectares) are designated as critical habitat for Eriogonum codium in Benton County, Washington, and approximately 2,861 acres (1,158 hectares) are designated as critical habitat for Physaria douglasii subsp. tuplashensis in Franklin County, Washington. The effect of this regulation is to conserve both species' habitat under the Endangered Species Act.

We, the U.S. Fish and Wildlife Service (Service), announce that our draft comprehensive conservation plan (CCP) and environmental assessment (EA) for Quivira National Wildlife Refuge is available. This draft CCP/EA describes how the Service intends to manage this refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce a public meeting of the Sport Fishing and Boating Partnership Council (Council). A Federal advisory committee, the Council was created in part to foster partnerships to enhance public awareness of the importance of aquatic resources and the social and economic benefits of recreational fishing and boating in the United States. This meeting is open to the public, and interested persons may make oral statements to the Council or may file written statements for consideration.

Under the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service) is advising the public of the availability of the Final Environmental Impact Statement (FEIS) associated with an application received from Buckeye Wind, LLC (Buckeye Wind, applicant) for an incidental take permit (permit) pursuant to the Endangered Species Act of 1973, as amended (ESA). We also announce the availability of the Buckeye Wind Power Project Habitat Conservation Plan (HCP), prepared in accordance with the ESA, and the availability of a Draft Programmatic Agreement (PA) to address the National Historic Preservation Act (NHPA) and its implementing regulations, ``Protection of Historic Properties.'' Buckeye Wind submitted the HCP, as well as a proposed Implementing Agreement (IA), as part of its incidental take permit application. If issued, the permit would authorize incidental take of the federally listed endangered Indiana bat (Myotis sodalis) from construction, operation, maintenance, and decommissioning associated with the Buckeye Wind Power Project. Buckeye Wind is requesting a 30-year permit term. We request comments from the public on the permit application, the HCP, the IA, the FEIS, and the Draft PA, all of which are available for review. The Service is furnishing this notice to allow other agencies and the public an opportunity to review and comment on these documents. All comments received will become part of the public record and will be available for review pursuant to the ESA. For locations to review the documents, please see the Availability of Documents section below.

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 a draft revised marine mammal stock assessment report (SAR) for the Pacific walrus stock and for each of the following three northern sea otter stocks in Alaska: Southwest, Southcentral, and Southeast. We now make the SARs available for public review and comment.

We, the Fish and Wildlife Service, announce the availability of the final revised recovery plan for Lost River sucker (Deltistes luxatus) and shortnose sucker (Chasmistes brevirostris), two endangered fish species found in only a few lakes and reservoirs in the upper Klamath Basin and Lost River sub-basin in southern Oregon and northern California. The recovery plan includes recovery objectives and criteria, and specific actions necessary to achieve downlisting and delisting from the Federal List of Endangered and Threatened Wildlife and Plants. We revised this plan because a substantial amount of new information is available related to recovery of both species, making it appropriate to incorporate that new information into the recovery program.

We, the Fish and Wildlife Service (Service), have received an application, under the Endangered Species Act of 1973 (Act), as amended, from Green Diamond Resource Company (GDRCo) for a proposed low-effect amendment to their Habitat Conservation Plan (HCP) and Implementation Agreement (IA). If approved, the GDRCo incidental take permit (ITP), as well as the HCP and IA, would be amended to increase the amount of lands covered under the ITP and HCP; some of the HCP management prescriptions would change, including those associated with marbled murrelet (Brachyramphus marmoratus) habitat protection; and the IA would be amended to include a new clause and a new marbled murrelet habitat map. The amendment would change the management of GDRCo's added lands from prescriptions currently required under the standard Washington State Forest Practices Rules (FP Rules) and Forest Practices HCP (FP HCP) to those of the GDRCo HCP. We invite public comment on the proposed amendment of the ITP, HCP, IA, and associated documents.

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.

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 2013-14 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 2013-14 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 2015 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), announce a 90-day finding on a petition to list the Oregon Cascades-California population and Black Hills population of the black-backed woodpecker (Picoides arcticus) under the Endangered Species Act of 1973, as amended (Act), as subspecies or distinct population segments (DPSs) that are endangered or threatened, and to designate critical habitat concurrent with listing. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Oregon Cascades-California and Black Hills populations of the black-backed woodpecker as subspecies or DPSs may be warranted. Therefore, with the publication of this notice, we are notifying the public that, when funds become available, we will be initiating a review of the status of the two populations to determine if listing either or both the Oregon Cascades-California population and the Black Hills population as either subspecies or DPSs is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding these two populations. 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), announce the availability of our final comprehensive conservation plan (CCP), finding of no significant impact (FONSI), and land protection plan (LPP) for Nantucket National Wildlife Refuge (NWR, refuge) in Nantucket, Massachusetts. Nantucket NWR is part of the Eastern Massachusetts NWR Complex, administered from Sudbury, Massachusetts. 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), have received an application from Fowler Ridge Wind Farm LLC, Fowler Ridge II Wind Farm LLC, Fowler Ridge III Wind Farm LLC, and Fowler Ridge IV Wind Farm LLC, collectively referred to as Fowler Ridge (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA), for its Fowler Ridge Wind Farm (FRWF) (project). If approved, the ITP would be for a 22-year period and would authorize the incidental take of an endangered species, the Indiana bat. The applicant has prepared a draft habitat conservation plan (HCP) that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat. The ITP application also includes a draft implementing agreement (IA). We also announce the availability of a draft Environmental Impact Statement (DEIS), which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act (NEPA), and a draft Programmatic Agreement (PA) that has been prepared in response to the permit application in accordance with the National Historic Preservation Act (NHPA). We request public comment on the application and associated documents.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our October 11, 2012 (77 FR 61938), proposal to list Taylor's checkerspot butterfly as endangered and streaked horned lark as threatened and to designate critical habitat, and on our December 11, 2012 (77 FR 73770), proposal to list four subspecies of Mazama pocket gopher (Olympia, Tenino, Yelm, and Roy Prairie) and to designate critical habitat, under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed critical habitat designations and an amended required determinations section of the proposed designations. The draft economic analysis addresses the potential economic impacts of critical habitat designation for all six subspecies (collectively, the ``prairie species'') under consideration in these rulemakings. In addition, we are providing information that we inadvertently omitted from the preamble to the October 11, 2012, proposed rule (77 FR 61938) to list Taylor's checkerspot butterfly as endangered and streaked horned lark as threatened and to designate critical habitat. We are reopening the comment periods to allow all interested parties an opportunity to comment simultaneously on the proposed rules, the associated DEA, and our amended required determinations. Comments previously submitted on these proposed rulemakings do not need to be resubmitted, as they will be fully considered in preparation of the final rules. We also announce a public hearing and three public information workshops on our proposed rules and associated documents.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for permits to conduct activities with the purpose of enhancing the survival of endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits certain activities with respect to endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.

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.

The U.S. Fish and Wildlife Service (Service), along with the National Oceanic and Atmospheric Administration (NOAA, Department of Commerce), State, and tribal partners (co-leaders), announce the availability of the final National Fish, Wildlife, and Plants Climate Adaptation Strategy (NFWPCAS or Strategy). The purpose of the Strategy is to inspire and enable natural resource professionals and other decision makers to take action to conserve the nation's fish, wildlife, plants, and ecosystem functions, as well as the human uses and values these natural systems provide, in a changing climate. Input from public comments and workshops has been incorporated in the development of this final document. The Strategy is available at https:// www.wildlifeadaptationstrategy.gov/strategy.php.