Fish and Wildlife Service April 2014 – Federal Register Recent Federal Regulation Documents

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 2014-15 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 2014-15 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 2016 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), have received an application from Collado Homes, LLC (applicant), for a renewal of incidental take permit TE179280-1 under the Endangered Species Act of 1973, as amended (Act). The applicant has requested a renewal that will extend permit expiration by 5 years from the date the permit is reissued. The applicant has agreed to follow all of the existing habitat conservation plan (HCP) conditions. If renewed, no additional take will be authorized. The permit would authorize take of the federally endangered Mount Hermon June beetle (Polyphylla barbata), incidental to otherwise lawful activities associated with the Collado Homes residential development.

We, the U.S. Fish and Wildlife Service (Service), propose changes in the regulations governing the administration of the national Boating Infrastructure Grant Program (BIG). We published a proposed rule in the Federal Register on March 28, 2012. We received 22 responses from the public during the 60-day comment period that ended May 29, 2012. Fifteen of the responses contained comments applicable to the proposed rule, and 11 asked for more time to review the proposed rule. Some comments expressed full support, and others suggested changes. We amend the proposed rule based on these comments and our further review and consideration of the proposed rule. The amended proposed rule gives the public a 90-day comment period.

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 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

We, the U.S. Fish and Wildlife Service, announce a joint meeting between the Trinity Adaptive Management Working Group (TAMWG) and Trinity Management Council (TMC). The TAMWG is a Federal advisory committee that affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). The TMC interprets and recommends policy, coordinates and reviews management actions, and provides organizational budget oversight.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the reconsideration of our final rule listing Lepidium papilliferum (slickspot peppergrass) as a threatened species throughout its range under the Endangered Species Act of 1973 (ESA or Act), published February 12, 2014. We published the reconsideration of the final rule in response to the Idaho District Court's remand because the Court asked us to reconsider the definition of the ``foreseeable future'' in regard to this particular species. We are seeking input on our interpretation of the foreseeable future as it pertains specifically to L. papilliferum. In addition, we also seek any new information regarding population status, trends, or threats that has become available since our last review of the status of the species in 2009. We are reopening the comment period to allow all interested parties an additional opportunity to comment. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of our final determination.

In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), we, the U.S. Fish and Wildlife Service (Service), announce that we have revised our stock assessment report (SAR) for the Pacific walrus (Odobenus rosmarus divergens) stock and for each of the following northern sea otter (Enhydra lutris kenyoni) stocks in Alaska: Southwest, Southcentral, and Southeast. We now make these four final revised SARs available to the public.

We, the U. S. Fish and Wildlife Service (Service), have received an application from the City of Santa Clara, doing business as Silicon Valley Power (applicant), for a 30-year incidental take permit for five species under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of one listed animal and four listed plants. We request comments on the applicant's application and HCP, and our preliminary determination that the HCP qualifies as a ``low-effect'' habitat conservation plan, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended (NEPA). We discuss our basis for this determination in our environmental action statement (EAS), also available for public review.

The Coastal Barrier Resources Act (CBRA) requires the Secretary of the Interior (Secretary) to review the maps of the John H. Chafee Coastal Barrier Resources System (CBRS) at least once every 5 years and make any minor and technical modifications to the boundaries of the CBRS as are necessary to reflect changes that have occurred in the size or location of any CBRS unit as a result of natural forces. The U.S. Fish and Wildlife Service (Service) has conducted this review and has prepared final revised maps for all of the CBRS units in Delaware, all units in South Carolina (including one unit that crosses the State boundary into North Carolina), all units in Texas, and one unit in Florida. The maps were produced by the Service in partnership with the Federal Emergency Management Agency (FEMA) and in consultation with the appropriate Federal, State, and local officials. This notice announces the findings of the Service's review and the availability of final revised maps for 69 CBRS units. The final revised maps for these CBRS units, dated December 6, 2013, are the official controlling CBRS maps for these areas.

We, the U.S. Fish and Wildlife Service, have received an application from Steven C. Sohl for a 5-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of the federally endangered Mount Hermon June beetle likely to occur incidental to the construction of a single-family residence, garage, and associated landscaping/infrastructure on an existing legal parcel in Bonny Doon, Santa Cruz County, California. We invite comments from the public on the application package includes the Sohl Low-Effect Habitat Conservation Plan for the Endangered Mount Hermon June Beetle.

We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on February 24, 2014, to list the Georgetown salamander and Salado salamander as threatened throughout their ranges under the Endangered Species Act of 1973 (Act), as amended (Act). Inadvertently, we made a technical error in our regulatory text. This action makes the necessary correction to the List of Endangered and Threatened Wildlife. We are also taking this opportunity to revise another entry on the List to correct a typographical error.

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

We, the U.S. Fish and Wildlife Service, finalize 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).

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for three subspecies of the Mazama pocket gopher (the Olympia pocket gopher, Thomomys mazama pugetensis; the Tenino pocket gopher, T. m. tumuli; and the Yelm pocket gopher, T. m. yelmensis) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,607 acres (650 hectares) in Thurston County, Washington, fall within the boundaries of the critical habitat designation for the Olympia, Tenino, and Yelm pocket gophers. All critical habitat proposed for the Roy Prairie pocket gopher (T. m. glacialis) in Pierce County, Washington, is exempted under section 4(a)(3)(B)(i) of the Act; as a consequence, there is no final critical habitat for this subspecies. The effect of this regulation is, therefore, to designate critical habitat for the Olympia, Tenino, and Yelm subspecies of the Mazama pocket gopher found in Thurston County, Washington, under the Act.

The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2014 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes region-specific regulations that go into effect on April 8, 2014, and expire on August 31, 2014.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our October 28, 2013, proposed rule 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, with a special rule. We are also reopening the public comment period on our October 28, 2013, proposed rule to designate critical habitat for this DPS. We are also announcing the location and time of public hearings to receive public comments on the proposals. Finally, we announce a 6-month extension of the final determination of whether or not to list the Bi-State DPS as a threatened species. We are taking this action based on substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the proposed listing, making it necessary to solicit additional information by reopening the comment period for 60 days. We will publish a listing determination on or before April 28, 2015.

We, the U.S. Fish and Wildlife Service (Service), have received an application from City of Rialto (applicant), for a 3-year incidental take permit (permit); the application includes the applicant's proposed habitat conservation plan (HCP), as required by the Endangered Species Act of 1973, as amended (Act). If approved, the permit would authorize incidental take of the endangered Delhi Sands flower-loving fly in the course of routine activities associated with the construction activities associated with the widening of San Bernardino Avenue, Riverside Avenue, and Willow Avenue. We invite public comment on the permit application and proposed HCP, and on our preliminary determination that the HCP qualifies as ``low-effect'' for a categorical exclusion under the National Environmental Policy Act. 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), announce the reopening of the public comment period on our September 30, 2013, proposal to list the rufa red knot (Calidris canutus rufa) as a threatened species under the Endangered Species Act of 1973, as amended (Act). In accordance with section 4(b)(5) of the Act, during the reopened public comment period we will hold two public hearings, one in North Carolina and one in Texas, with public informational sessions immediately preceding the public hearings. This comment period will allow all interested parties an opportunity to attend the public hearings and provide testimony and additional comments on the proposed rufa red knot listing. 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, 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.

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), remove the island night lizard (Xantusia riversiana) from the Federal List of Endangered and Threatened Wildlife. This determination is based on a thorough review of the best available scientific and commercial information, which indicates 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 an endangered species or threatened species under the Act.