Fish and Wildlife Service November 2013 – Federal Register Recent Federal Regulation Documents
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Meeting Announcement: North American Wetlands Conservation Council
The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.
Advisory Council on Wildlife Trafficking; Rescheduled Meeting
We, the U.S. Fish and Wildlife Service (Service), announce a public meeting of the Advisory Council on Wildlife Trafficking (Council). This meeting is being rescheduled from October 21, 2013.
Endangered and Threatened Wildlife and Plants; Initiation of Status Review of Arctic Grayling in the Upper Missouri River System
We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973, as amended (Act), announce the initiation of a status review of the Arctic grayling (Thymallus arcticus) upper Missouri River system distinct population segment (DPS). We conduct status reviews to determine whether the entity meets the definition of an endangered or threatened species under the Act. Following this status review, we will issue a proposed listing rule or a not warranted finding for the Arctic grayling upper Missouri River system DPS. Through this document, we encourage all interested parties to provide us information regarding the Arctic grayling in the upper Missouri River basin.
Cat Island National Wildlife Refuge; West Feliciana Parish, Louisiana; Notice of Intent To Prepare a Comprehensive Conservation Plan and Environmental Assessment; Correction
On October 22, 2013, we, the U.S. Fish and Wildlife Service (Service), published a notice of intent to prepare a comprehensive conservation plan (CCP) and associated National Environmental Policy Act (NEPA) documents for Cat Island National Wildlife Refuge (NWR). We provided this notice in compliance with our CCP policy to advise other Federal and State agencies, Native American Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. However, we made an error in the end date we gave for public comments. This notice corrects that date error.
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); Delay of Effective Dates
This document delays for an additional 4 weeks 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 November 22, 2013. We are taking this action to allow time for us to address additional public comments received on the rules.
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 marine mammals. With some exceptions, Marine Mammal Protection Act (MMPA) prohibits activities with listed species unless Federal authorization is acquired that allows such activities.
Endangered and Threatened Wildlife and Plants; Review of Native Species That are Candidates for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions
In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species. The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number (LPN) to each species or to determine that species should be removed from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms) for each candidate species. Overall, this CNOR recognizes no new candidates, changes the LPN for three candidates, and removes three species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of species that are candidates for listing is 146. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants (Lists) during the period October 1, 2012, through September 30, 2013. We request additional status information that may be available for the 146 candidate species identified in this CNOR.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Jemez Mountains Salamander
We, the U.S. Fish and Wildlife Service, designate critical habitat for the Jemez Mountains salamander (Plethodon neomexicanus) under the Endangered Species Act of 1973 (Act), as amended. In total, we are designating as critical habitat for this species approximately 90,716 acres (36,711 hectares) in Los Alamos, Rio Arriba, and Sandoval Counties, New Mexico. The effect of this regulation is to conserve the Jemez Mountains salamander's habitat under the Act.
Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of the Vicuña in Argentina, Bolivia, Chile, Ecuador, and Peru
We, the U.S. Fish and Wildlife Service (Service), are initiating a 5-year review under the Endangered Species Act of 1973, as amended (Act), of the vicu[ntilde]a. A 5-year review is based on the best scientific and commercial data available at the time of the review. We are requesting submission of information that has become available since the last review of the species.
Trinity Adaptive Management Working Group; Public Meeting and Teleconference
We, the U.S. Fish and Wildlife Service, announce a public meeting and teleconference meeting of the Trinity Adaptive Management Working Group (TAMWG).
Draft Long Range Transportation Plan for U.S. Fish and Wildlife Service Lands in the Midwest Region
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft long range transportation plan for public review and comment. The Draft Long Range Transportation Plan outlines a strategy for improving and maintaining transportation assets that provide access to Service-managed lands in the Midwest Region (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) over the next 20 years.
Seal Beach National Wildlife Refuge, Orange County, CA; Final Comprehensive Conservation Plan and Finding of No Significant Impact
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our final Comprehensive Conservation Plan (CCP) and finding of no significant impact (FONSI) for the Seal Beach National Wildlife Refuge (Refuge). In the CCP, we describe how we will manage the Refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Technical Corrections for Kirtland's Warbler
We, the U.S. Fish and Wildlife Service, announce the revised taxonomy of Dendroica kirtlandii (Kirtland's warbler) under the Endangered Species Act of 1973, as amended (Act). We are revising the List of Endangered and Threatened Wildlife to reflect the scientifically accepted taxonomy and nomenclature of this species. We revise the scientific name of the species as follows: Setophaga kirtlandii (= D. kirtlandii).
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Gunnison's Prairie Dog as an Endangered or Threatened Species
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Gunnison's prairie dog (Cynomys gunnisoni) as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information on both subspecies of Gunnison's prairie dog, we find that listing either C. g. gunnisoni or C. g. zuniensis or both is not warranted at this time. The best available information indicates that populations of both subspecies are stable and that there are no threats causing or projected to cause either subspecies to be at risk of extinction. This action also removes the Gunnison's prairie dog from our candidate list. Although listing is not warranted at this time, we ask the public to submit to us any new information that becomes available concerning threats to the Gunnison's prairie dog or its habitat at any time.
Proposed Information Collection; National Wildlife Refuge Special Use Permit Applications and Reports
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 June 30, 2014. 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.
Proposed Information Collection; Federal Fish and Wildlife Permit Applications and Reports-Migratory Birds and Eagles
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 February 28, 2014. 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.
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 applications 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.
Dungeness National Wildlife Refuge, Clallam County, WA; Comprehensive Conservation Plan and Finding of No Significant Impact for Environmental Assessment
We, the U.S. Fish and Wildlife Service (Service), announce the availability of our comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment (EA) for the Dungeness National Wildlife Refuge (Refuge). In this CCP, we describe how we will manage the Refuge for the next 15 years.
Habitat Conservation Plan for the United Water Conservation District, Santa Clara River Watershed, Ventura County, California
We, the National Marine Fisheries Service and Fish and Wildlife Service (Services), in cooperation with the Army Corps of Engineers, intend to prepare an EIS under the National Environmental Policy Act (NEPA) regarding expected applications from the United Water Conservation District (United) for incidental take permits under the Federal Endangered Species Act of 1973, as amended (ESA). The EIS will analyze the environmental effects of the Services' proposed issuance of incidental take permits for United's construction, operations, and maintenance of water management facilities within the lower Santa Clara River watershed, Ventura County, California. The Services also provide this notice to announce a public scoping period, during which we invite other agencies, Tribes, and the public to submit written comments providing suggestions and information on issues and alternatives to include in the EIS.
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.
Early Scoping for Proposed Application for Incidental Take Permit and Habitat Conservation Plan; Pennsylvania Game Commission and Pennsylvania Department of Conservation and Natural Resources
Pursuant to the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service (Service), announce our intent to prepare a NEPA document for a pending Incidental Take Permit (ITP) application and associated draft habitat conservation plan (HCP) from the Pennsylvania Game Commission (PGC) and Pennsylvania Department of Conservation and Natural Resources (DCNR) for forestry activities on State lands that provide potential habitat for the federally listed endangered Indiana bat (Myotis sodalis) and the northern long-eared bat (Myotis septentrionalis). Northern long- eared bats have recently been proposed for listing as endangered under the ESA. Forestry operations on these lands have the potential to incidentally take Indiana bats and northern long-eared bats and their habitat. Therefore, PGC and DCNR are developing an ITP application and HCP to address these activities. In advance of receiving the ITP application for this project, the Service is providing this notice to request information from other agencies, tribes, and the public on the scope of the NEPA review and issues to consider in the NEPA analysis and in development of the HCP. We are also using this opportunity to seek comments on the appropriate level of NEPA reviewwhether an environmental assessment (EA) or an environmental impact statement (EIS) would be most appropriate, based on potential effects to the human environment.
Proposed Information Collection; Marine Mammal Marking, Tagging, and Reporting Certificates, and Registration of Certain Dead Marine Mammal Hard Parts
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 May 31, 2014. 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.
Proposed Information Collection; Endangered and Threatened Wildlife, Experimental Populations
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 May 31, 2014. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number.
Proposed Information Collection; Migratory Bird Harvest Information Program and Migratory Bird Surveys
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 April 30, 2014. 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.
Subsistence Management Program for Public Lands in Alaska; Rural Determination Process
The Federal Subsistence Board is extending the comment period through December 2, 2013, on its earlier request for comments (77 FR 77005, Dec. 31, 2012) on the rural determination process. These comments will be used by the Board, coordinating with the Secretaries of the Interior and Agriculture, to assist in making decisions regarding the scope and nature of possible changes to improve the rural determination process.
Proposed Information Collection; Injurious Wildlife; Importation Certification for Live Fish and Fish Eggs
We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to renew approval for 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 February 28, 2014. 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.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Depredation Order for Blackbirds, Grackles, Cowbirds, Magpies, and Crows
We (U.S. Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This information collection is scheduled to expire on November 30, 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Federal Fish and Wildlife Permit Applications and Reports-Law Enforcement
We (U.S. Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This information collection is scheduled to expire on November 30, 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Notice of Intent To Prepare a Draft Environmental Impact Statement on a Proposed Incidental Take Permit for the Na Pua Makani Project, Kahuku, Hawaii
We, the U.S. Fish and Wildlife Service (Service), intend to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare a draft environmental impact statement (DEIS) related to an incidental take permit (ITP) application that Champlin Hawaii Wind Holdings, LLC (Champlin) intends to submit to the Service pursuant to the requirements of section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). The proposed permit would authorize the incidental take of listed species caused by the construction and operation of Champlin's proposed Na Pua Makani Project (Project) near Kahuku, Hawaii, for production of wind-generated electrical energy on the island of Oahu. In accordance with ESA requirements for an ITP, Champlin is preparing a habitat conservation plan (HCP) to minimize and mitigate the impacts of take of the covered species likely to be caused by the Project. The DEIS will address the impacts of, and alternatives to, issuance of the ITP and implementation of the HCP to determine if these actions may significantly affect the human environment. This notice initiates the public scoping period for the DEIS during which we invite other agencies and the public to attend a public meeting and submit oral and written comments that provide suggestions and information on the scope of issues and alternatives that should addressed in the DEIS.
Habitat Conservation Plan for South Sacramento County, California
We, the U.S. Fish and Wildlife Service (Service), intend to gather additional information and to prepare, in coordination with the County of Sacramento, California, a joint environmental impact statement and environmental impact report (EIS/ EIR) under the National Environmental Policy Act and the California Environmental Quality Act for the proposed South Sacramento Habitat Conservation Plan (HCP). The draft EIS/ EIR will evaluate the impacts of several alternatives related to the proposed issuance of Endangered Species Act permits to eight permit applicants in south Sacramento County, California. The permit applicants intend to apply for either a 30-year or a 50-year permit from the Service that would authorize the incidental take resulting from implementation or approval of covered activities, including various kinds of development projects. We also announce public scoping meetings and the opening of a public comment period. We request data, comments, new information, or suggestions from other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party.
Sunkhaze Meadows National Wildlife Refuge and Carlton Pond Waterfowl Production Area, Penobscot, Kennebec, and Waldo Counties, ME; Final Comprehensive Conservation Plan
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 Sunkhaze Meadows National Wildlife Refuge (NWR) and Carlton Pond Waterfowl Production Area (WPA), located in Penobscot, Kennebec, and Waldo Counties, Maine. The CCP describes how we will manage the refuge and WPA for the next 15 years.
Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Gunnison Sage-Grouse and Proposed Designation of Critical Habitat for Gunnison Sage-Grouse
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment periods on our January 11, 2013, proposed rules to list the Gunnison sage-grouse (Centrocercus minimus) as endangered and to designate critical habitat for the species under the Endangered Species Act of 1973, as amended (Act). In addition, we announce the rescheduling of two public informational sessions and public hearings for both the proposed listing and proposed critical habitat rules, and the addition of a third public informational session and public hearing. We are reopening the comment periods to allow all interested parties an additional opportunity to comment on the proposed listing and the proposed designation of critical habitat, and to comment on the proposed critical habitat's associated draft economic analysis (DEA), draft environmental assessment (EA), and 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; 12-Month Finding on a Petition and Proposed Rule To Remove the Inyo California Towhee (Pipilo crissalis eremophilus = Melozone crissalis eremophilus) From the Federal List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), propose to remove the Inyo California towhee (Pipilo crissalis eremophilus = Melozone crissalis eremophilus) from the Federal List of Endangered and Threatened Wildlife due to recovery. This action is based on a review of the best available scientific and commercial information, which indicates that the species is no longer threatened with extinction. This proposed rule, if made final, would also remove the currently designated critical habitat for the Inyo California towhee throughout its range. This document also constitutes our 12-month finding on a petition to remove the Inyo California towhee from the Federal List of Endangered and Threatened Wildlife. We are seeking information and comments from the public on this proposed rule and the post-delisting monitoring plan. The Inyo California towhee occurs only in Inyo County, California.
Migratory Bird Permits; Control Order for Introduced Migratory Bird Species in Hawaii
Nonnative species in Hawaii displace, compete with, and consume native species, some of which are endangered, threatened, or otherwise in need of additional protection. To protect native species, we propose to establish a control order for cattle egrets (Bubulcus ibis) and barn owls (Tyto alba), two introduced migratory bird species in Hawaii. We also make the supporting draft environmental assessment available for public comment.
Migratory Bird Permits; Removal of Regulations Concerning Certain Depredation Orders
We propose to remove regulations that set forth certain depredation orders for migratory birds. There have been no requests for authorization of a depredation order under these regulations for many years, and no reports of activities undertaken under these regulations in the last 15 years. Because these regulations apparently are unused, we propose to remove them. Control of depredating birds could still be undertaken under depredation permits in accordance with the regulations at 50 CFR 21.41.
Notice of Hunting and Trapping Restrictions Within the Skilak Wildlife Recreation Area (Skilak Loop Management Area) of Kenai National Wildlife Refuge, Alaska
This notice advises the public that the Fish and Wildlife Service Alaska Region is permanently closing and/or restricting hunting and trapping within the Skilak Wildlife Recreation Area (Skilak Loop Management Area), a portion of the Kenai National Wildlife Refuge. This action is consistent with refuge management plans and objectives and historic State of Alaska hunting and trapping regulations (regulations in effect from 1987 to 2012, and as amended in 2007 and 2012).
Migratory Bird Permits; Definition of “Hybrid” Migratory Bird
We, the U.S. Fish and Wildlife Service (FWS), revise the definition of ``hybrid'' as it relates to birds protected under the Migratory Bird Treaty Act. We revise the definition to make it clear that it applies to all offspring of any species listed at 50 CFR 10.13.
Migratory Bird Permits; Depredation Order for Migratory Birds in California
We revise the regulations that allow control of depredating birds in California. We specify the counties in which this order is effective, identify the species that may be taken under the order, add a requirement that landowners attempt nonlethal control, add a requirement for use of nontoxic ammunition, and revise the reporting required. These changes update and clarify the current regulations and enhance our ability to carry out our responsibility to conserve migratory birds.
Migratory Bird Hunting; Application for Approval of Copper-Clad Iron Shot and Fluoropolymer Shot Coatings as Nontoxic for Waterfowl Hunting
We, the U.S. Fish and Wildlife Service, approve copper-clad iron shot and fluoropolymer coatings for hunting waterfowl and coots. We published a proposed rule for approval of copper-clad iron shot and fluoropolymer coatings in the Federal Register on September 26, 2012 (77 FR 59158). We considered comments on the proposed rule, and we believe that neither the shot nor the coatings will pose toxicity hazards to fish or wildlife or their habitats.
General Provisions; Revised List of Migratory Birds
We, the U.S. Fish and Wildlife Service, revise the List of Migratory Birds by both adding and removing species. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States, and changing names to conform to accepted use. The net increase of 19 species (23 added and 4 removed) brings the total number of species protected by the Migratory Bird Treaty Act (MBTA) to 1,026. We regulate most aspects of the taking, possession, transportation, sale, purchase, barter, exportation, and importation of migratory birds. An accurate and up-to-date list of species protected by the MBTA is essential for public notification and regulatory purposes.
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