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

We, the U.S. Fish and Wildlife Service (Service), are reopening the public comment period on the proposed rule to list the distinct population segment (DPS) of the North American wolverine (Gulo gulo luscus) in the contiguous United States as threatened under the Endangered Species Act of 1973, as amended. The proposed rule was published in the Federal Register on February 4, 2013. We are reopening the comment period to allow the public an additional opportunity to review and comment on the proposed rule, as well as the peer review and public comments that were submitted during the first comment period. Comments already submitted need not be resubmitted, as they will be fully considered in preparation of the final rule, which we intend to issue by February 4, 2014, as required by the Endangered Species Act.

We announce new deadlines for the public to submit input on several draft documents prepared in accordance with the National Environmental Policy Act. We are taking this action in regard to draft documents and scoping periods that were open for comment during the recent lapse in Federal appropriations. To ensure that we receive the best possible input to guide our decisionmaking, we want to provide the public adequate time to review and comment on the draft documents.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Tualatin River National Wildlife Refuge (refuge) final comprehensive conservation plan (CCP). The CCP includes our finding of no significant impact (FONSI) for the associated environmental assessment (EA). 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, propose to designate critical habitat for Diplacus vandenbergensis (Vandenberg monkeyflower) under the Endangered Species Act. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat. The effect of this regulation is to conserve Vandenberg monkeyflower's habitat under the Endangered Species Act.

We, the U.S. Fish and Wildlife Service (Service), hereby list four Colombian species, the blue-billed curassow (Crax alberti), brown- banded antpitta (Grallaria milleri), Cauca guan (Penelope perspicax), and gorgeted wood-quail (Odontophorus strophium), and one Ecuadorian species, the Esmeraldas woodstar (Chaetocercus berlepschi), as endangered under the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et seq.), as amended. This final rule implements the Federal protections provided by the Act for these species.

We, the U.S. Fish and Wildlife Service (Service), recently published two proposed rules. One rule proposes to list the Mexican wolf (Canis lupus baileyi) as an endangered subspecies and to delist the gray wolf elsewhere, and the other proposes to revise the Nonessential Experimental Population of the Mexican Wolf. On September 5 and October 2, 2013, we announced public hearings on the proposed rules. The September 5 notices also extended the public comment period for the proposed rules to October 28, 2013. Following delays caused by the Federal Government lapse in appropriations, the Service is announcing rescheduled dates for the remainder of a series of public hearings on the proposed rules. To allow these hearings to take place within the public comment period on the proposed rules, we now extend the public comment period for the proposed rules to December 17, 2013. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rules. We also announce the scheduling of a public information meeting and an additional public hearing in Pinetop, Arizona.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Bi-State distinct population segment (DPS) of greater sage- grouse (Centrocercus urophasianus) as threatened under the Endangered Species Act of 1973, as amended (Act). We also propose a special rule under section 4(d) of the Act to provide for the conservation of the Bi-State DPS of greater sage-grouse. If finalized, the effect of this regulation would be to add the Bi-State DPS of greater sage-grouse to the List of Endangered and Threatened Wildlife, extend the Act's protections to this DPS, and establish a 4(d) special rule for the conservation of this DPS. Elsewhere in today's Federal Register, we propose to designate critical habitat under the Act for the Bi-State DPS of greater sage-grouse.

We, the U.S. Fish and Wildlife Service (Service), make available the final Environmental Assessment (EA), Finding of No Significant Impact (FONSI), and the final amendment to the Barton Springs Pool Habitat Conservation Plan (BSP HCP) under the National Environmental Policy Act of 1969. The City of Austin (applicant) applied for a renewal of their existing Endangered Species Act incidental take permit, with a major amendment to add the Austin blind salamander as an additional covered species; to increase the amount of take for Barton Springs salamander; and to extend the permit term for an additional 20 years.

We, the Fish and Wildlife Service (Service), have received an application for incidental take permit (ITP). Clermont Land Development, LLC requests a 10-year ITP under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application and accompanying proposed habitat conservation plan (HCP), as well as on our preliminary determination that the plan qualifies as low-effect under the National Environmental Policy Act (NEPA). To make this determination, we used our environmental action statement and low- effect screening form, which are also available for review.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status for three plants: Chromolaena frustrata (Cape Sable thoroughwort), Consolea corallicola (Florida semaphore cactus), and Harrisia aboriginum (aboriginal prickly-apple), under the Endangered Species Act of 1973, as amended. These plants are endemic to South Florida. This final rule implements the protections provided by the Act for these species.

This notice advises the public that the Solano County Water Agency and the U.S. Fish and Wildlife Service (Service) have developed a Template Safe Harbor Agreement (Agreement) for the federally threatened valley elderberry longhorn beetle (Desmocerus californicus dimorphus). While not signatory to this Agreement, non-Federal land owners and managers who elect to enroll their property under the Agreement (participants) will develop individual site plans and be issued individual 10(a)(1)(A) enhancement of survival permits under the Endangered Species Act of 1973, as amended (Act). The Agreement is available for public comment.

We, the U.S. Fish and Wildlife Service (Service), received a permit application from the Garfield County Commission and are announcing the availability of a Draft Low-effect Habitat Conservation Plan (HCP) for the Utah prairie dog in Garfield County, Utah, for review and comment by the public and Federal, Tribal, State, and local governments. We request comment on the draft low-effect HCP.

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, announce a 12-month finding on a petition to list the ashy storm-petrel (Oceanodroma homochroa) as an endangered or threatened species 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 ashy storm-petrel is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to the ashy storm-petrel or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), propose to list Agave eggersiana (no common name) and Gonocalyx concolor (no common name) as endangered species, and Varronia rupicola (no common name) as a threatened species under the Endangered Species Act of 1973, as amended (Act). These three plants are endemic to the Caribbean. The effect of this regulation, if finalized, would be to conserve A. eggersiana, G. concolor, and V. rupicola under the Act.

We, the U.S. Fish and Wildlife Service (Service), are listing the blue-throated macaw (Ara glaucogularis) as endangered under the Endangered Species Act of 1973, as amended (Act). This species is endemic to a small area in Bolivia, and there are estimated to be fewer than 500 individuals remaining in the wild. Its status remains tenuous despite conservation efforts. Threats to the species include: lack of reproductive success (loss of nestlings) due to nest failure, which primarily is caused by competition for nest sites and predation by larger avian species; and the lack of suitable, available habitat in addition to its small population size.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Brickellia mosieri (Florida brickell- bush) and Linum carteri var. carteri (Carter's small-flowered flax) under the Endangered Species Act (Act). We are proposing to designate as critical habitat approximately 1,071 ha (2,646 ac) for Brickellia mosieri and approximately 1,054 ha (2,605 ac) for Linum carteri var. carteri. The critical habitat areas proposed for these plants overlap, for a combined total of approximately 1,096 ha (2,707 ac). The proposed critical habitat for both plants is located entirely in Miami-Dade County, Florida. If we finalize this rule as proposed, it will extend the Act's protections to these plants' critical habitats.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Kittlitz's murrelet (Brachyramphus brevirostris) as an endangered or threatened species and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the Kittlitz's murrelet is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning threats to the Kittlitz's murrelet or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status for the Taylor's checkerspot butterfly (Euphydryas editha taylori) and threatened status for the streaked horned lark (Eremophila alpestris strigata) under the Endangered Species Act of 1973 (Act), as amended. This final rule adds these species to the List of Endangered and Threatened Wildlife and implements the Federal protections provided by the Act for these species. This rule also establishes a special rule under section 4(d) of the Act to exempt certain activities from the take prohibitions of the Act and our regulations in order to provide for the conservation of the streaked horned lark.

We, the U.S. Fish and Wildlife Service (Service), recently published a proposal to remove the gray wolf from the List of Endangered and Threatened Wildlife (List) but to maintain endangered status for the Mexican wolf by listing it as a subspecies (Canis lupus baileyi). On September 5, 2013, we announced three public hearings on the proposed rule and extended the public comment period to October 28, 2013. We now announce an additional public hearing to be held on October 17, 2013, in Denver, Colorado.

We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the spring pygmy sunfish (Elassoma alabamae), which is found in Limestone County, Alabama. The effect of this regulation is to add this species to the List of Endangered and Threatened Wildlife and implement the Federal protections provided by the Act for this species.

We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to list the Coral Pink Sand Dunes tiger beetle, Cicindela albissima, as a threatened species under the Endangered Species Act of 1973, as amended (Act), and designate critical habitat for the species. This withdrawal is based on our conclusion that the threats to the species as identified in the proposed rule no longer are as significant as believed at the time of the proposed rule. We base this conclusion on our analysis of current and future threats and conservation efforts. We find the best scientific and commercial data available indicate that the threats to the species and its habitat have been reduced below the statutory definition of threatened or endangered. Therefore, we are withdrawing our proposal to list the species as threatened with critical habitat.

We, the Fish and Wildlife Service (Service), have received applications from Mr. Albert C. McDonald of Greenbriar Enterprises LLC (applicant McDonald Farm) and Ms. Katherine H. Garrett of Greenbrier Enterprises LLC (applicant Horton Farm) (collectively, applicants) for enhancement of survival permits (permit or permits) under the Endangered Species Act of 1973, as amended (Act). Each permit application includes a proposed candidate conservation agreement with assurances (CCAA) between the applicant and the Service as parties and the Land Trust of North Alabama as a cooperator for the conservation of the spring pygmy sunfish. Each Applicant is a limited liability company, created and existing under the laws of the State of Alabama. The CCAAs would be implemented at the Beaverdam Spring Complex within Limestone County, Alabama. We have made a preliminary determination that each permit application, including the proposed CCAA, is eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this preliminary determination is contained in the draft environmental action statement (EAS) prepared by the Service on each application. We are accepting comments on each permit application and the associated proposed CCAA, as well as on the draft EAS.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft environmental assessment (EA) and comprehensive conservation plan (CCP) for Big Muddy National Fish and Wildlife Refuge (Refuge, NFWR) for public review and comment. In this draft EA/CCP we describe how we propose to manage the refuge for the next 15 years.