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

We, the U.S. Fish and Wildlife Service (Service), have received an application from the United States Coast Guard (USCG) for authorization to take small numbers of marine mammals by harassment incidental to the replacement of pier piles and the potable water line at USCG Station Monterey in Monterey County, California. In accordance with provisions of the Marine Mammal Protection Act of 1972 (MMPA), as amended, we request comments on our proposed authorization for the applicant to incidentally take, by harassment, small numbers of southern sea otters from November 1, 2014, to October 31, 2015. We anticipate no take by injury or death and include none in this proposed authorization, which would be for take by harassment only.

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 September 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, 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.

In accordance with the National Environmental Policy Act of 1969, as amended (NEPA); the Federal Land Policy and Management Act of 1976, as amended (FLPMA); and the Endangered Species Act of 1973, as amended (ESA); the Bureau of Land Management (BLM) and the Fish and Wildlife Service (FWS) have partnered with the California Energy Commission (CEC) and the California Department of Fish and Wildlife (CDFW) (collectively, the Agencies) to prepare the Draft Desert Renewable Energy Conservation Plan (DRECP) and Draft Environmental Impact Statement and Environmental Impact Report (EIS/EIR). The Draft DRECP includes Draft BLM Land Use Plan Amendments for the California Desert Conservation Area (CDCA) Plan, Bishop Resource Management Plan (RMP), and the Caliente/ Bakersfield RMP; a FWS-proposed Habitat Conservation Plan (General Conservation Plan); and a CDFW-proposed Natural Community Conservation Plan. The Draft DRECP covers parts of Imperial, Inyo, Kern, Los Angeles, Riverside, San Bernardino, and San Diego Counties, California. By this notice, the Agencies are announcing the availability of the Draft DRECP and Draft EIS/EIR, the receipt of permit applications under Section 10 of the ESA from CEC and the California State Lands Commission (CSLC), and the opening of the comment period on the Draft DRECP and Draft EIS/EIR and the information provided in the permit applications.

This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the October 24, 2013, proposal to designate critical habitat for the Dakota skipper (Hesperia dacotae) and Poweshiek skipperling (Oarisma poweshiek) and proposed 4(d) rule for the Dakota skipper under the Endangered Species Act of 1973, as amended (Act). We are also revising our proposed critical habitat rule to add two proposed critical habitat units for the Poweshiek skipperling in Minnesota, remove two proposed units (one for the Dakota skipper in Minnesota and one for the Poweshiek skipperling in North Dakota), and revise the boundaries of seven Poweshiek skipperling units and five Dakota skipper units in Minnesota. These changes are proposed based on new or updated biological and ecological information for those areas. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Dakota skipper and Poweshiek skipperling 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 4(d) rule, the proposed critical habitat rule (including the changes described in this document), the associated DEA, 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.

The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2014-15 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 27, 2014. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), propose to remove the Delmarva Peninsula fox squirrel (Sciurus niger cinereus), more commonly called the Delmarva fox squirrel (DFS), from the Federal List of Endangered and Threatened Wildlife due to recovery. This proposed action is based on a thorough review of all available information, which indicates that the subspecies is now sufficiently abundant and distributed to withstand current and foreseeable threats to its long-term viability and thus no longer meets the definition of a threatened species or an endangered species under the Act. We are also providing notification that a draft post-delisting monitoring (PDM) plan is available for public review. We are seeking information and comments from the public on this proposed rule and the PDM plan.

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 Sonny Bono Salton Sea National Wildlife Refuge (NWR) Complex, which includes the Sonny Bono Salton Sea NWR and Coachella Valley NWR. In the CCP, we describe how we will manage these Refuges for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Eriogonum kelloggii (Red Mountain buckwheat) and Sedum eastwoodiae (Red Mountain stonecrop) as endangered or threatened species 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 Eriogonum kelloggii and Sedum eastwoodiae 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 two species or their habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to remove the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973 (Act), as amended. This withdrawal is based on our determination that the proposed rule did not fully analyze the best available information. We find the best scientific and commercial data available indicate that the threats to the species and its habitat have not been reduced to the point where the species no longer meets the statutory definition of an endangered or threatened species.

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 September 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.

The Fish and Wildlife Service published a final rule in the Federal Register on August 1, 2011 (76 FR 46150). We included in this final rule a combined symbol to use when referring to both the Wildlife Restoration and the Sport Fish Restoration programs together. The language around the symbol is in reverse order, and this document corrects the error.

We, the U.S. Fish and Wildlife Service, have issued the following permits to conduct certain activities with endangered species under the authority of the Endangered Species Act, as amended (Act).

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, determine threatened species status under the Endangered Species Act of 1973, as amended (Act), for Arabis georgiana (Georgia rockcress), a plant species in Georgia and Alabama. The effect of this regulation is to add this species to the List of Endangered and Threatened Plants and extend the Act's protections to this species.

We, the U.S. Fish and Wildlife Service, are finalizing two actions with this rule: We are designating revised critical habitat for the contiguous United States distinct population segment of the Canada lynx (Lynx canadensis) under the Endangered Species Act of 1973, as amended, and we are revising the boundary of the Canada lynx distinct population segment. These revisions fulfill our obligations under two settlement agreements and address issues raised by two courts regarding our previous critical habitat designation. This rule revises critical habitat for the lynx and extends the Endangered Species Act's protections to the species wherever it occurs in the contiguous United States, including New Mexico. The effect of this regulation is to conserve the Canada lynx and its habitats in the contiguous United States under the Endangered Species Act.

The final rule to list the New Mexico meadow jumping mouse as endangered throughout its range in New Mexico published in the Federal Register on June 10, 2014. Without authorized personnel to survey for this species, valuable information on population numbers for this elusive species would be lost for the 2014 field season. Under an Endangered Species Act permit, we, the U.S. Fish and Wildlife Service have authorized qualified researchers to survey for New Mexico meadow jumping mouse during its survey season of July and August 2014.

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 Big Muddy National Fish and Wildlife Refuge, which is authorized within the 20 counties that lie along the Missouri River from Kansas City to St. Louis, Missouri. In this final CCP, we describe how we intend to manage the refuge for the next 15 years.

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. 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), determine endangered species status under the Endangered Species Act of 1973, as amended (Act), for Agave eggersiana (no common name) and Gonocalyx concolor (no common name), and threatened species status for Varronia rupicola (no common name). These three plants are endemic to the Caribbean. The effect of this regulation will be to add these species to the List of Endangered and Threatened Plants.

The Washington Department of Natural Resources (WDNR) has submitted applications to the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) (together, the Services) for incidental take permits (permits) for a term of 50 years, pursuant to the Endangered Species Act of 1973, as amended (ESA). The permit applications address incidental take of listed species caused by WDNR authorizations of shellfish aquaculture, log booming and storage, and overwater structures undertaken by individuals, businesses, and governmental agencies on 2.6 million acres of State-owned aquatic lands, including marine and freshwater tidelands, shorelands, and bedlands of the State of Washington. The proposed permits would authorize take, incidental to otherwise lawful activities, of 29 species of fish and wildlife, including federally listed threatened and endangered species. As required by the ESA, WNDR has prepared a Habitat Conservation Plan (HCP) designed to minimize and mitigate the impacts to the maximum extent practicable, that will likely result from such taking. A draft implementing agreement (IA) for the HCP has also been prepared. The Services have jointly prepared a Draft Environmental Impact Statement (DEIS) in accordance with requirements of the National Environmental Policy Act (NEPA). The DEIS evaluates the impacts of, and alternatives to, the proposed HCP and issuance of the permits. We are announcing public meetings and requesting public comment on the DEIS, proposed HCP, and the IA.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for Brickellia mosieri (Florida brickell-bush) and Linum carteri var. carteri (Carter's small-flowered flax), two plants from Miami-Dade County, Florida. The effect of this regulation will be to add these plants to the List of Endangered and Threatened Plants.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Revised Draft Recovery Plan for the Coterminous United States Population of Bull Trout under the Endangered Species Act of 1973, as amended (Act). The revised draft recovery plan includes specific goals, objectives, and criteria that should be met to remove the species from the Federal List of Endangered and Threatened Wildlife and Plants. We request review and comment on this revised draft recovery plan from Federal, State and local agencies, Native American Tribes, and the public.

We, the U.S. Fish and Wildlife Service (Service), advise the public that we are extending the public review and comment period for the draft environmental assessment for a draft annual funding agreement at the National Bison Range Complex.