Fish and Wildlife Service May 2013 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Wildlife and Plants; Permit Applications
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.
Final Supplemental Environmental Impact Statement on the Issuance of Annual Regulations Permitting the Hunting of Migratory Birds
The U.S. Fish and Wildlife Service (Service or we) has prepared a final supplemental environmental impact statement (SEIS) for the issuance of annual regulations permitting the hunting of migratory birds. We published a draft environmental impact statement in July 2010. We considered over 280 public comments in revising the document. The SEIS analyzes a range of management alternatives for addressing the hunting of migratory birds. The analysis provided in the final SEIS is intended to: inform the public of the proposed action and alternatives; address public comments we received on the draft SEIS; and disclose the direct, indirect, and cumulative environmental effects of the proposed action and each of the alternatives.
Kenai National Wildlife Refuge, Soldotna, AK; Environmental Impact Statement for the Shadura Natural Gas Development Project
We, the U.S. Fish and Wildlife Service (Service, we), announce that the Environmental Impact Statement (EIS) for the Shadura Natural Gas Development Project is available for public review. 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 Species Permit Applications
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.
Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for 38 Species on Molokai, Lanai, and Maui
We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for 38 species on the Hawaiian Islands of Molokai, Lanai, and Maui, and reaffirm the listing of 2 endemic Hawaiian plants currently listed as endangered. In this final rule, we are also delisting the plant Gahnia lanaiensis, due to new information that this species is synonymous with G. lacera, a widespread species from New Zealand. The effect of this regulation is to conserve these 40 species under the Endangered Species Act.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on Two Petitions to Delist the Preble's Meadow Jumping Mouse
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on two petitions to delist the Preble's meadow jumping mouse (Zapus hudsonius preblei) under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that delisting the Preble's meadow jumping mouse is not warranted at this time. We base our determination on the continued loss and modification of the Preble's meadow jumping mouse's habitat to human development, the inadequacy of existing regulatory mechanisms, and other natural factors, including wildfire and threats associated with global climate change. Although delisting is not warranted at this time, we ask the public to submit to us at any time any new information that becomes available concerning conservation measures or threats to this subspecies or its habitat.
Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Leavenworthia exigua var. laciniata (Kentucky Glade Cress)
We, the U.S. Fish and Wildlife Service, propose to list Leavenworthia exigua var. laciniata (Kentucky glade cress), as threatened under the Endangered Species Act of 1973, as amended (Act). The effect of this regulation, if finalized, would be to conserve Leavenworthia exigua var. laciniata under the Act.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Leavenworthia exigua var. laciniata (Kentucky Glade Cress)
We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for Leavenworthia exigua var. laciniata (Kentucky glade cress). The effect of these regulations, if finalized, would be to protect Leavenworthia exigua var. laciniata's critical habitat under the Act.
Endangered and Threatened Wildlife and Plants; Threatened Status and Designation of Critical Habitat for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod)
This document temporarily delays for 6 months the effective date of two rules to conserve Eriogonum codium (Umtanum desert buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod). Both rules had an effective date of May 23, 2013. We are taking this action to allow time for us to accept and consider additional public comments on the rules.
Endangered and Threatened Wildlife and Plants; Threatened Status and Designation of Critical Habitat for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod)
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our May 15, 2012, proposed listing and designation of critical habitat for the Eriogonum codium (Umtanum desert buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties an opportunity to comment on the proposed rules and to follow proper procedure in accordance with 16 U.S.C. section 1533(b)(5). Comments previously submitted on the proposed rules need not be resubmitted, as they will be fully considered in our determinations on these rulemaking actions.
Endangered Species; Marine Mammals; Issuance of Permits
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 the Marine Mammal Protection Act (MMPA).
Endangered Species; Marine Mammals; Receipt of Applications for Permit
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.
Endangered and Threatened Wildlife and Plants; Draft Revised Supplement to the Grizzly Bear Recovery Plan; Extension of Public Comment Period
We, the U.S. Fish and Wildlife Service (Service), are extending the public comment period for a Draft Revised Supplement to the Grizzly Bear Recovery Plan in the greater Yellowstone area. If you have previously submitted comments, please do not resubmit them, because we have already incorporated them in the public record and will fully consider them in our final Supplement.
Aquatic Nuisance Species Task Force; Public Teleconference/Webinar
We, the U.S. Fish and Wildlife Service, announce a public teleconference/webinar of the Aquatic Nuisance Species Task Force (ANS Task Force). The ANS Task Force's purpose is to develop and implement a program for U.S. waters to prevent introduction and dispersal of aquatic nuisance species; to monitor, control, and study such species; and to disseminate related information.
Endangered and Threatened Wildlife and Plants; Recovery Permit Applications
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.
Endangered and Threatened Wildlife and Plants; Removal of the Magazine Mountain Shagreen From the List of Endangered and Threatened Wildlife
Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), remove the Magazine Mountain shagreen (Inflectarius magazinensis) from the Federal List of Endangered and Threatened Wildlife (delist). This determination is based on a thorough review of the best available scientific and commercial data, which indicate that the threats to this species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of threatened or endangered under the Act.
Migratory Bird Permits; Depredation Order for Migratory Birds in California
We propose to revise the regulations that allow control of depredating birds in some counties in California. We propose to specify the counties in which this order is effective, to better identify which species may be taken under the order, to add a requirement that landowners attempt nonlethal control, to add a requirement for use of nontoxic ammunition, and to revise the reporting required. These changes would update and clarify the current regulations and enhance our ability to carry out our responsibility to conserve migratory birds.
Migratory Bird Permits; Removal of Yellow-Billed Magpie and Other Revisions to Depredation Order
We, the U.S. Fish and Wildlife Service (Service), propose changes to the regulations governing control of depredating blackbirds, cowbirds, grackles, crows and magpies. The yellow-billed magpie (Pica nuttalli) is endemic to California and has suffered substantial population declines. It is a species of conservation concern. We propose to remove the species from the depredation order. After this change, a depredation permit would be necessary to control the species. We also propose to narrow the application of the regulation from protection of any wildlife to protection of threatened or endangered species only. We propose to add conditions for live trapping, which are not currently included in the regulation. Finally, we propose to refine the reporting requirement to gather data more useful in assessing actions under the order.
Bandon Marsh, Nestucca Bay, and Siletz Bay National Wildlife Refuges, Coos, Tillamook, and Lincoln Counties, OR; Final Comprehensive Conservation Plans and Findings of No Significant Impact for Environmental Assessments
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final Comprehensive Conservation Plans (CCPs) and Findings of No Significant Impact (FONSIs) for the Environmental Assessments (EAs) for three Oregon refugesBandon Marsh, Nestucca Bay, and Siletz Bay National Wildlife Refuges (NWR or refuge). Each refuge's final CCP describes how we will manage that refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Receipt of Application for Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan and Associated Documents; Polk County, FL
We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and a Habitat Conservation Plan (HCP). Vulcan Materials Company, Florida Rock Divisions (dba Florida Rock Industries, Inc. a subsidiary of Vulcan Materials Company) (applicant), requests an ITP under the Endangered Species Act of 1973, as amended (Act). The applicant's HCP describes the minimization and mitigation measures proposed to address the effects of the project on the sand skink and gopher tortoise. We invite written comments on the ITP application and HCP.
Endangered Species Recovery Permit Applications
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 Species; Marine Mammals; Receipt of Applications for Permit
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.
Endangered Species; Issuance of Permits
We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species. We issue these permits under the Endangered Species Act (ESA).
Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Neosho Mucket, Threatened Status for the Rabbitsfoot, and Designation of Critical Habitat for Both Species
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our October 16, 2012, proposed listing and designation of critical habitat for the Neosho mucket (Lampsilis rafinesqueana) and rabbitsfoot (Quadrula cylindrica cylindrica) mussels under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) and draft environmental assessment 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 revised proposed rule, the associated DEA and draft environmental assessment, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rules.
Endangered and Threatened Wildlife and Plants; Listing and Designation of Critical Habitat for the Grotto Sculpin
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the September 27, 2012, proposed endangered status and designation of critical habitat for the grotto sculpin 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 for the grotto sculpin and an amended required determinations section of the proposal. In addition, we announce our intention to recognize the grotto sculpin as Cottus specus. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.
Endangered and Threatened Wildlife and Plants; Recovery Permit Applications
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.
Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Coral Pink Sand Dunes Tiger Beetle and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our October 2, 2012, proposed listing decision and proposed designation of critical habitat for Coral Pink Sand Dunes tiger beetle under the Endangered Species Act of 1973, as amended. We announce the availability of a draft economic analysis (DEA), a draft environmental assessment (EA), an amendment to the 2009 Conservation Agreement and Strategy for the Coral Pink Sand Dunes tiger beetle, and an amended required determinations section of the proposal. We also announce the availability of 2012 Coral Pink Sand Dunes tiger beetle survey results that were not available when the proposed rule was being written. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, the Draft EA, the Conservation Agreement amendment, and the amended required determinations section. We also announce a public hearing to be held in Kanab, Utah.
Endangered and Threatened Wildlife and Plants; Listing the Lesser Prairie-Chicken as a Threatened Species With a Special Rule
We, the U.S. Fish and Wildlife Service, propose to create a special rule under authority of section 4(d) of the Endangered Species Act of 1973, as amended (Act), that provides measures that are necessary and advisable to provide for the conservation of the lesser prairie-chicken (Tympanuchus pallidicinctus). In addition, we announce the reopening of the public comment period on the December 11, 2012, proposed rule to list the lesser prairie-chicken as a threatened species under the Act. We also announce the availability of a draft rangewide conservation plan for the lesser prairie-chicken, which has been prepared by the Lesser Prairie-Chicken Interstate Working Group, and request comments on the plan as it relates to our determination of status under section 4(a)(1) of the Act.
Endangered and Threatened Wildlife and Plants; Draft Conservation Strategy for the Northern Continental Divide Ecosystem Grizzly Bear
The U.S. Fish and Wildlife Service (Service) announces the availability of a draft Conservation Strategy for the Northern Continental Divide Ecosystem grizzly bear (Ursus arctos horriblis) population for public review and input. The strategy will be the post- delisting management plan for the NCDE grizzly bears and their habitat. This document is necessary to demonstrate the adequacy of regulatory mechanisms in order to delist this grizzly population. Grizzly bears are currently federally listed as threatened in the lower 48 States under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended (Act). The Service solicits review and comment from the public on this draft document.
Migratory Birds; Eagle Conservation Plan Guidance: Module 1-Land-Based Wind Energy, Version 2
We, the U.S. Fish and Wildlife Service (Service), announce that Eagle Conservation Plan Guidance: Module 1Land-based Wind Energy, Version 2 is available. The guidance provides recommendations for agency staff and developers to use an iterative process to avoid and minimize negative effects on eagles and their habitats resulting from the construction, operation, and maintenance of land-based, wind energy facilities in the United States.
Endangered and Threatened Wildlife and Plants; Proposed Revision of Critical Habitat for the Comal Springs Dryopid Beetle, Comal Springs Riffle Beetle, and Peck's Cave Amphipod
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the October 19, 2012, proposed revision of critical habitat for the Comal Springs dryopid beetle (Stygoparnus comalensis), Comal Springs riffle beetle (Heterelmis comalensis), and Peck's cave amphipod (Stygobromus pecki) under the Endangered Species Act of 1973, as amended. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Comal Springs dryopid beetle, Comal Springs riffle beetle, and Peck's cave amphipod 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 draft economic analysis (DEA), and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.
Wildlife and Hunting Heritage Conservation Council
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Wildlife and Hunting Heritage Conservation Council (Council).
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