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

We, the U.S. Fish and Wildlife Service (Service or USFWS), reclassify the United States (U.S.) breeding population of the wood stork from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). Further, we establish the U.S. breeding population in Alabama, Florida, Georgia, North Carolina, Mississippi, and South Carolina as a distinct population segment (DPS). The endangered designation no longer correctly reflects the status of the DPS due to improvement in its overall status. This action is based on a review of the best available scientific and commercial data, which indicate that the U.S. wood stork DPS is not presently in danger of extinction across its range. While habitat loss and fragmentation continues to impact the U.S. wood stork DPS, the increase in the abundance of the breeding population and significant expansion of the breeding range reduce the severity and magnitude of these threats.

We invite you to provide us with information and recommendations on animal and plant species that should be considered as candidates for U.S. proposals to amend Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or the Convention) at the upcoming seventeenth meeting of the Conference of the Parties (CoP17). Such amendments may concern the addition of species to Appendix I or II, the transfer of species from one Appendix to another or the removal of species from Appendix II. Finally, with this notice, we also describe the U.S. approach to preparations for CoP17. We will publish a second Federal Register notice to solicit information and recommendations on possible resolutions, decisions, and agenda items for discussion at CoP17 and to provide information on how to request approved observer status.

We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the ``Services'' or ``we''), announce the extension of the public comment periods on our May 12, 2014, proposals to revise definitions and regulations regarding critical habitat. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of each 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, 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), announce the reopening of the comment period on the proposed rule published on March 12, 2010, which proposed to amend our regulations to add nine species of large constrictor snakes as injurious species under the Lacey Act. Because four of the nine species were added to the regulations in 2012, this reopening notice is restricted to the five remaining species: the reticulated python (Broghammerus reticulatus or Python reticulatus), DeSchauensee's anaconda (Eunectes deschauenseei), green anaconda (Eunectes murinus), Beni anaconda (Eunectes beniensis), and boa constrictor (Boa constrictor). If you have previously submitted comments on the proposed rule, please do not resubmit them because we have already incorporated them in the public record and will fully consider them in our final decision on these five species.

We, the U.S. Fish and Wildlife Service (Service), announce a final rule to list the Philippine cockatoo (Cacatua haematuropygia) and the yellow-crested cockatoo (C. sulphurea) as endangered, and to list the white cockatoo (C. alba) as threatened under the Endangered Species Act of 1973, as amended (ESA). We are taking these actions in response to a petition to list these three cockatoo species as endangered or threatened under the ESA. We also finalize the special rule for the white cockatoo in conjunction with our final listing as threatened for this species.

We, the U.S. Fish and Wildlife Service (Service, us, or we), announce five public scoping meetings to inform our decision to prepare either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, in conjunction with an evaluation of our eagle management objectives. The decision to initially prepare an EA or EIS will be, in part, contingent on the complexity of issues identified during, and following, the scoping phase of the NEPA process. The scoping meetings will provide an opportunity for input from other agencies, Tribes, nongovernmental organizations, and the public on the scope of the NEPA analysis, the pertinent issues we should address, and alternatives we should analyze.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the September 26, 2013, proposed revised designation of critical habitat for the contiguous U.S. distinct population segment (DPS) of the Canada lynx (Lynx canadensis) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) and a draft environmental assessment of the proposed revised designation of critical habitat for the contiguous U.S. DPS of the Canada lynx, 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 DEA, the 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 rule.

This final rule establishes regulations for seasons, harvest limits, and methods and means related to the taking of wildlife for subsistence uses in Alaska during the 2014-15 and 2015-16 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rulemaking replaces the wildlife taking regulations that expire on June 30, 2014. This rule also revises wildlife customary and traditional use determinations.

The U.S. Fish and Wildlife Service (Service) announces that it has established a policy that covers Service procedures for accepting, using, and recognizing donations. This donations policy is an extension of the Department of the Interior's guidance on donations, found in the Departmental Manual (DM) at 374 DM 6. The donations policy establishes procedures for reviewing and evaluating potential donors and donations. It lists delegations of authority for accepting donations and the roles and responsibilities of the Service's Donations Senior Manager and employees authorized to accept donations. It provides guidance on soliciting donations, where appropriate, and provides general guidance on fundraising by non-Federal entities on the Service's behalf. It focuses on the ethical considerations of all types of donations, as opposed to our Fish and Wildlife Service Manual (FW) guidance, 342 FW 5, Non-Purchase Acquisition, which covers the acquisition of real property rights by methods other than purchase, including donation.

The U.S. Fish and Wildlife Service (Service), announces the availability of the Classroom Guidelines for Preventing the Introduction and Spread of Aquatic Invasive Species (AIS). These voluntary guidelines are intended to be used by agencies and organizations to develop materials that inform educators and students about the risks of spreading aquatic invasive species, and to limit their spread via the disposal of unwanted live educational specimens (animals, plants, and microorganisms) into local waters, including release into drains or flushing down toilets.

We, the U.S. Fish and Wildlife Service (Service), have received an application for a 10-year incidental take permit under the Endangered Species Act of 1973, as amended. The application addresses the potential for ``take'' of the federally endangered Morro shoulderband snail that is likely to occur incidental to the construction and maintenance of a single-family residence and implementation of a conservation strategy. We invite comments from the public on the application package, which includes a low-effect habitat conservation plan for the Morro shoulderband snail.

We, the U.S. Fish and Wildlife Service (Service), are extending the public comment period on our May 8, 2014, 12-month finding and proposed rule concerning the southern Selkirk Mountains population of woodland caribou (Rangifer tarandus caribou). We will also hold two public hearings to receive comments on the proposed rule. We are taking these actions to allow all interested parties additional time and opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the New Mexico meadow jumping mouse (Zapus hudsonius luteus) found in Arizona, New Mexico, and Colorado. The effect of this regulation will be to add this species to the List of Endangered and Threatened Wildlife. We have also determined that critical habitat for the New Mexico meadow jumping mouse is prudent and determinable and will soon publish in the Federal Register our final designation of critical habitat for the New Mexico meadow jumping mouse.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on two petitions to list two species (Flat-tailed tortoise (Pyxis planicauda) and Spider tortoise (Pyxis arachnoides)) as endangered or threatened and one petition to list one species (Pygmy three-toed sloth (Bradypus pygmaeus)) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that these petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we are initiating a review of the status of these species to determine if the petitioned actions are warranted. To assure that the best scientific and commercial data informs the status review and, if warranted, the subsequent listing determinations, and to provide an opportunity for all interested parties to provide information for consideration for the status assessment, we are requesting information regarding these species (see Request for Information, below). Based on the status reviews, we will issue 12-month findings on the petitions, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service, are correcting a final rule published in the Federal Register on May 27, 2014, to revise the regulations that implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by incorporating certain provisions adopted at the fourteenth and fifteenth meetings of the Conference of the Parties (CoP14 and CoP15) to CITES and to clarify and update certain other provisions. In that rule, one of our amendatory instructions was incorrect. This action makes the necessary correction.

We, the U.S. Fish and Wildlife Service, announce a public meeting of the Wildlife and Hunting Heritage Conservation Council (Council). The Council provides advice about wildlife and habitat conservation endeavors that benefit wildlife resources; encourage partnership among the public, the sporting conservation organizations, the states, Native American tribes, and the Federal Government; and benefit recreational hunting.

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 2014-15 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.

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 recovery permits to conduct certain activities with endangered species.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for Ivesia webberi (Webber's ivesia) under the Endangered Species Act (Act). In total, approximately 2,170 acres (879 hectares) in Plumas, Lassen, and Sierra Counties in northeastern California, and in Washoe and Douglas Counties in northwestern Nevada, fall within the boundaries of the critical habitat designation. The effect of this regulation is to conserve I. webberi's critical habitat under the Act.