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

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the September 5, 2012, proposed designation of critical habitat for Arctostaphylos franciscana (Franciscan manzanita) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis (DEA) for the proposed critical habitat designation and an amended required determinations section of the proposal. In addition, in this document, we have corrected the acreage calculations for our September 5, 2012, proposal due to a mapping error. We also propose to increase the September 5, 2012, proposed designation of critical habitat for A. franciscana by approximately 73 acres (30 hectares) by adding two additional units in the City and County of San Francisco, California. We are reopening the comment period on the September 5, 2012, proposed rule for an additional 30 days to allow all interested parties an opportunity to comment simultaneously on that proposed critical habitat, the revisions to proposed critical habitat described in this document, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.

Under the Endangered Species Act of 1973, as amended (ESA), we, the U.S. Fish and Wildlife Service (Service), reclassify the broad- snouted caiman in Argentina from endangered to threatened in the List of Endangered and Threatened Wildlife. As part of this final rule, we have established two distinct population segments (DPSs) of the broad- snouted caiman (Caiman latirostris): A DPS in Argentina and a DPS encompassing Bolivia, Brazil, Paraguay, and Uruguay. This second DPS remains listed as endangered under the ESA. We are finalizing this action under the ESA based on the best available data indicating that the Argentine population of the broad-snouted caiman no longer meets the definition of endangered under the ESA. Intense management of the species in Argentina has brought the Argentine DPS to the point where a change in status is appropriate. As of the effective date of this final rule, the broad-snouted caiman will be included in the special rule for trade in caiman species. Inclusion in this special rule allows U.S. commerce in skins, other parts, and products of this species originating from Argentina, and reexport of such specimens originating in Argentina, if certain conditions are met prior to exportation to the United States.

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), have issued the following permits to conduct certain activities with endangered species. We issue these permits under the Endangered Species Act (ESA).

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the New Mexico meadow jumping mouse (Zapus hudsonius luteus) under the Endangered Species Act (Act). If we finalize this rule as proposed, it would extend the Act's protections to this subspecies' critical habitat. The effect of these regulations will be to protect the New Mexico meadow jumping mouse's habitat under the Act.

We, the Fish and Wildlife Service, announce the availability of the technical agency draft recovery plan for the endangered golden sedge, a species endemic to the coastal plain in North Carolina. The draft recovery plan includes specific recovery objectives and criteria to be met in order to downlist this species to threatened or delist it under the Endangered Species Act of 1973, as amended (Act). We solicit review and comment on this draft recovery plan from local, State, and Federal agencies, and the public.

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 IC is scheduled to expire on December 31, 2013. 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.

We, the U.S. Fish and Wildlife Service (Service), have received an application from the City of Santa Cruz (applicant) for a 30-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The proposed permit would authorize take of the federally endangered Mount Hermon June beetle (Polyphylla barbata) and the federally endangered Zayante band winged grasshopper (Trimerotropis infantilis), and will address associated impacts and conservation measures for the federally endangered Ben Lomond spineflower (Chorizanthe pungens var. hartwegiana), incidental to otherwise lawful activities associated with the operation and maintenance of the existing Graham Hill Water Treatment Plant, construction of new facilities, which have the potential for minor temporary and long-term impacts to Mount Hermon June beetle habitat within Santa Cruz County, California, and restoration activities at the mitigation site. The Service's proposed action is the issuance of a permit to the City of Santa Cruz for a low-effect habitat conservation plan (HCP) for incidental take of Mount Hermon June beetle and Zayante band-winged grasshopper. Associated impacts and conservation measures for Ben Lomond spineflower would also be included in the HCP. We are requesting comments on the applicant's permit application and on our preliminary determination that the proposed HCP qualifies as a low-effect HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement (EAS) and the associated low-effect screening form, which are available for public review, along with the draft HCP.

We, the U.S. Fish and Wildlife Service (Service), proposed in an earlier document to establish annual hunting regulations for certain migratory game birds for the 2013-14 hunting season. This supplement to the proposed rule provides the regulatory schedule, announces the Service Migratory Bird Regulations Committee and Flyway Council meetings, and provides Flyway Council recommendations resulting from their March meetings.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) has established the Rio Mora National Wildlife Refuge and Conservation Area as a unit of the National Wildlife Refuge System. The Service established the Rio Mora National Wildlife Refuge and Conservation Area on September 27, 2012, by acquiring, through donation from the Thaw Charitable Trust, the 4,224-acre Wind River Ranch in Mora County, New Mexico.

We, the U.S. Fish and Wildlife Service (Service) evaluated the classification status of gray wolves (Canis lupus) currently listed in the contiguous United States and Mexico under the Endangered Species Act of 1973, as amended (Act). Based on our evaluation, we propose to remove the gray wolf from the List of Endangered and Threatened Wildlife but to maintain endangered status for the Mexican wolf by listing it as a subspecies (Canis lupus baileyi). We propose these actions because the best available scientific and commercial information indicates that the currently listed entity is not a valid species under the Act and that the Mexican wolf (C. l. baileyi) is an endangered subspecies. In addition, we recognize recent taxonomic information indicating that the gray wolf subspecies, Canis lupus lycaon, which occurs in southeastern Canada and historically occurred in the northeastern United States and portions of the upper Midwest (eastern and western Great Lakes regions) United States, should be recognized as a separate species, Canis lycaon. This proposed rule also constitutes the completion of a status review for gray wolves in the Pacific Northwest initiated on May 5, 2011. Finally, this proposed rule replaces our May 5, 2011, proposed action to remove protections for C. lupus in all or portions of 29 eastern states (76 FR 26086).

We, the U.S. Fish and Wildlife Service, propose to list all chimpanzees (Pan troglodytes) as endangered under the Endangered Species Act of 1973, as amended (Act). We are taking this action in response to a petition to list the entire species, whether in the wild or in captivity, as endangered under the Act. This proposal constitutes our 12-month finding on the petition and announces our finding that listing all chimpanzees as endangered is warranted. This document also serves as our 5-year review of the species. If we finalize this rule as proposed, we would eliminate the separate classification of captive and wild chimpanzees under the Act and extend the Act's protections to captive chimpanzees in the United States. In addition, we propose to amend the special rule for primates to remove chimpanzees from the rule. If the listing of all chimpanzees as endangered is finalized, the provisions of the special rule can no longer be applied to captive chimpanzees. We seek comments from the public on this proposed rule.

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 or we), are finalizing regulations that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses (Odobenus rosmarus divergens) and polar bears (Ursus maritimus) during oil and gas Industry (Industry) exploration activities in the Chukchi Sea and adjacent western coast of Alaska. This rule is effective for 5 years from the date of issuance. The total expected takings of Pacific walruses (walruses) and polar bears during Industry exploration activities will impact small numbers of animals, will have a negligible impact on these species, and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. These final regulations include: Permissible methods of nonlethal taking; measures to ensure that Industry activities will have the least practicable adverse impact on the species and their habitat, and on the availability of these species for subsistence uses; and requirements for monitoring and reporting of any incidental takings that may occur, to the Service. The Service will issue Letters of Authorization (LOAs), upon request, for activities proposed to be conducted in accordance with the regulations.

We, the U.S. Fish and Wildlife Service (Service), are advising the public of the availability of the Final Environmental Impact Statement (FEIS) associated with an application received from NiSource Inc. (hereafter ``NiSource'') for an incidental take permit (hereafter ``ITP'') pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). If issued, the ITP would authorize NiSource to take 10 federally listed species over a 50-year period. For record of decision availability, see DATES. For directions on how to review the FEIS and related documents, see ADDRESSES.

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).

We, the U.S. Fish and Wildlife Service (Service), announce a public teleconference of the Sport Fishing and Boating Partnership Council (Council).

We, the U.S. Fish and Wildlife Service, propose to revise critical habitat for the Salt Creek tiger beetle (Cicindela nevadica lincolniana) under the Endangered Species Act. If we finalize this rule as proposed, it would extend the Act's protections to lands designated as revised critical habitat for this subspecies. This designation fulfills our obligations under a settlement agreement. The effect of this regulation is to conserve the habitat of Salt Creek tiger beetles in eastern Nebraska under the Endangered Species Act.