Fish and Wildlife Service November 2014 – Federal Register Recent Federal Regulation Documents
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Endangered Species 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 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.
Receipt of Six Incidental Take Permit Applications for Participation in the Oil and Gas Industry Conservation Plan for the American Burying Beetle in Oklahoma
Under the Endangered Species Act, as amended (Act), we, the U.S. Fish and Wildlife Service, invite the public to comment on six incidental take permit applications for take of the federally listed American burying beetle resulting from activities associated with the construction, operation, maintenance, repair, and decommissioning of oil and gas pipelines and related well field activities in Oklahoma. If approved, the permits would be issued under the approved Oil and Gas Industry Conservation Plan Associated with Issuance of Endangered Species Act Section 10(a)(1)(B) Permits for the American Burying Beetle in Oklahoma (ICP).
Endangered and Threatened Wildlife and Plants; Receipt of Application for Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan and Associated Documents; Polk County, FL
We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and a Habitat Conservation Plan (HCP). Vulcan Materials Company, Florida Rock Division (dba Florida Rock Industries, Inc., a subsidiary of Vulcan Materials Company) (applicant), requests an ITP under the Endangered Species Act of 1973, as amended (Act). The applicant's HCP describes the minimization and mitigation measures proposed to address the effects of the project on the sand skink and gopher tortoise. We invite written comments on the ITP application and HCP.
Endangered and Threatened Wildlife and Plants; Proposed Revision to the Regulations for the Nonessential Experimental Population of the Mexican Wolf
We, the U.S. Fish and Wildlife Service (Service), make available the final environmental impact statement (EIS) on the proposed revisions to the regulations for the nonessential experimental population designation of the Mexican wolf and our draft record of decision (ROD), under the National Environmental Policy Act of 1969, as amended. Our intended action is to revise the regulations established in our 1998 Final Rule for the nonessential experimental population of the Mexican wolf. We also propose to extend the authority of the Mexican Wolf Recovery Program's section 10(a)(1)(A) research and recovery permit to areas that are outside of the Mexican Wolf Experimental Population Area. In the EIS we analyzed the environmental consequences of a range of alternatives, including the Proposed Action and No Action alternative, for our proposed rule. The action would be implemented through a final rule, a revised section 10(a)(1)(A) research and recovery permit, and the provision of Federal funding.
Trinity Adaptive Management Working Group; Public Meeting and Teleconference
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Trinity Adaptive Management Working Group (TAMWG). 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.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for the Santa Ana Sucker (Catostomus santaanae)
We, the U.S. Fish and Wildlife Service, announce the availability of the draft recovery plan for the Santa Ana sucker for public review and comment. The draft recovery plan includes recovery objectives and criteria, and specific actions necessary to achieve recovery and removal of the species from the Federal List of Endangered and Threatened Wildlife. We request review and comment on this draft recovery plan from local, State, and Federal agencies, and the public.
Great Swamp National Wildlife Refuge, Morris County, New Jersey; Final Comprehensive Conservation Plan and Finding of No Significant Impact
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Great Swamp National Wildlife Refuge (NWR), located in Morris County, New Jersey, for public review and comment. In this final CCP, we describe how we will manage the refuge for the next 15 years.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Gunnison Sage-Grouse
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Gunnison sage-grouse (Centrocercus minimus) under the Endangered Species Act (Act). In total, approximately 1,429,551 acres (ac) (578,515 hectares (ha)) are designated as critical habitat in Delta, Dolores, Gunnison, Hinsdale, Mesa, Montrose, Ouray, Saguache, and San Miguel Counties in Colorado; and in Grand and San Juan Counties in Utah. The effect of this regulation is to conserve Gunnison sage-grouse habitat under the Act.
Endangered and Threatened Wildlife and Plants; Threatened Status for Gunnison Sage-Grouse
We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973, as amended (Act), for the Gunnison sage-grouse (Centrocercus minimus), a bird species from southwestern Colorado and southeastern Utah. The effect of this regulation will be to add the Gunnison sage-grouse to the List of Endangered and Threatened Wildlife.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Northern Long-Eared Bat
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period for our October 2, 2013, proposed rule to list the northern long-eared bat (Myotis septentrionalis) as an endangered species under the Endangered Species Act of 1973, as amended (Act). We are taking this action to notify the public of new information that was supplied to us by, or on behalf of, State agencies within the range of the species. This reopening of the comment period will allow the public to provide comments on our proposed rule in light of that new information. We also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule. Comments previously submitted on the proposal need not be resubmitted, as they are already incorporated into the public record and will be fully considered in our final determination.
Early Scoping for an Anticipated Application for Incidental Take Permit and Draft Habitat Conservation Plan; North Allegheny Wind Facility
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 an anticipated Incidental Take Permit (ITP) application and associated draft habitat conservation plan (HCP) from the North Allegheny Wind, LLC, a wholly owned subsidiary of Duke Energy Generating Services (or Duke Energy Renewables) for operation of their wind facility within occupied habitat of the northern long-eared bat (Myotis septentrionalis) and the federally listed endangered Indiana bat (Myotis sodalis). The northern long-eared bat has recently been proposed for listing as endangered under the ESA. Wind turbine operation has the potential to incidentally take Indiana bats and northern long-eared bats. Therefore, Duke Energy Renewables is developing an ITP application and HCP to address this activity. 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.
Amendment of a Joint Programmatic Candidate Conservation Agreement With Assurances and Safe Harbor Agreement, Upper Little Red River Watershed, Arkansas
Under the Endangered Species Act, we, the U.S. Fish and Wildlife Service, announce the receipt and availability of a revised joint Safe Harbor Agreement and Candidate Conservation Agreement with Assurances (revised agreement) and accompanying documents for establishing a programmatic enrollment of willing landowners by the parties to the revised agreement: Arkansas Game and Fish Commission, Natural Resources Conservation Service, The Nature Conservancy, and the Fish and Wildlife Service, Arkansas Ecological Services Field Office (parties). The revised agreement analyzes effects of conservation measures and certain land uses on two endangered speciesthe yellowcheek darter (Etheostoma moorei), a fish, and rabbitsfoot (Quadrula cylindrica cylindrica), a musselin the Upper Little Red River Watershed, northcentral Arkansas, so that these listed species, as well as 19 candidate and other unlisted species, might be added to those already covered by the existing enhancement of survival permits. We invite public comments on these documents.
Endangered Species; 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. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless Federal authorization is acquired that allows such activities.
Draft Multi-Species General Conservation Plan and Draft Environmental Assessment; Douglas County, Washington
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft multi-species general conservation plan (MSGCP) for Douglas County, Washington. The Service and the Foster Creek Conservation District (FCCD) developed the draft MSGCP as a programmatic approach to streamline the development of individual farm plans by non-Federal agricultural landowners and operators to facilitate their applying for incidental take permits (ITPs) under the Endangered Species Act of 1973, as amended (Act). The ITPs would authorize take of the federally endangered Columbia Basin pygmy rabbit and three other nonlisted species, should they become listed, resulting from otherwise lawful activities on non- Federal agricultural lands within Douglas County. The Service also announces the availability of a draft environmental assessment (EA) for public review and comment.
Endangered and Threatened Wildlife and Plants; Adding 20 Coral Species to the List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), in accordance with the Endangered Species Act of 1973, as amended (Act), are amending the List of Endangered and Threatened Wildlife (List) by adding 20 species of corals: Boulder star coral (Orbicella franksi), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), pillar coral (Dendrogyra cylindrus), rough cactus coral (Mycetophyllia ferox), Acropora globiceps, Acropora jacquelineae, Acropora lokani, Acropora pharaonis, Acropora retusa, Acropora rudis, Acropora speciosa, Acropora tenella, Anacropora spinosa, Euphyllia paradivisa, Isopora crateriformis, Montipora australiensis, Pavona diffluens, Porites napopora, and Seriatopora aculeata. These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species.
Endangered Species; Recovery Permit Application
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application for a recovery permit to conduct activities with the purpose of enhancing the survival of an endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits certain activities with endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.
Meeting Announcements: North American Wetlands Conservation Council; Neotropical Migratory Bird Conservation Advisory Group
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. The Advisory Group for the Neotropical Migratory Bird Conservation Act (NMBCA) grants program (Advisory Group) also will meet. This meeting is also open to the public, and interested persons may present oral or written statements.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo (Coccyzus americanus)
On August 15, 2014, we, the U.S. Fish and Wildlife Service (Service), announced a proposal to designate critical habitat for the western distinct population segment of the yellow-billed cuckoo under the Endangered Species Act of 1973, as amended (Act). We now announce a reopening of the comment period for our August 15, 2014, proposed rule to allow for us to accept and consider additional public comments on the proposed rule.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Survey of Residents' Attitudes on Jaguar Conservation
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. 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.
Orange County Transportation Authority, Orange County, California; M2 Natural Community Conservation Plan/Habitat Conservation Plan, Draft Environmental Impact Report/Environmental Impact Statement, and Incidental Take Permit Application
We, the Fish and Wildlife Service (Service), announce receipt of an application from the Orange County Transportation Authority (OCTA/applicant) for an incidental take permit under the Endangered Species Act of 1973, as amended (Act). The permit is needed to authorize take of listed animal species due to construction and habitat management and monitoring activities within areas affected by covered freeway projects and in preserves in Orange County, California. We have prepared a draft environmental impact statement (DEIS), which is the Federal portion of the draft environmental impact report (DEIR)/DEIS, to analyze the impacts of issuing an incidental take permit based on the OCTA's proposed natural community conservation plan (NCCP)/habitat conservation plan (HCP). The DEIR portion of the joint document was prepared by the OCTA in compliance with the California Environmental Quality Act. The DEIS/DEIR, HCP, and NCCP are available for review.
Emergency Exemption; Issuance of Emergency Permit To Capture a Suspected Gray Wolf in the Area of the North Rim of the Grand Canyon, Arizona
The final rule to list the gray wolf as endangered throughout its range in the United States published in 1978. On October 6, 2014, a suspected gray wolf was seen wandering in the area of the North Rim of the Grand Canyon in Arizona. Deer hunting season is beginning in this area of Arizona, and it is believed that the wolf may be in danger of possible harm and could accidentally be shot either as a result of misunderstanding of status or misidentification. We, the U.S. Fish and Wildlife Service have, under an Endangered Species Act (ESA) permit, authorized qualified researchers to capture, draw blood, and possibly affix a brightly colored GPS radio collar on the suspect wolf and release it back into the general area where it was captured. It is essential for its safety to conduct these actions.
Endangered and Threatened Wildlife and Plants; Final Recovery Plan for Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail
We, the Fish and Wildlife Service, announce the availability of the final recovery plan for the endangered Georgia pigtoe mussel, interrupted rocksnail, and rough hornsnail. The final recovery plan includes specific recovery objectives and criteria the interrupted rocksnail and rough hornsnail would have to meet in order for us to downlist them to threatened status under the Endangered Species Act of 1973, as amended (Act). Recovery criteria for the Georgia pigtoe will be developed after we complete critical recovery actions and gain a greater understanding of the species.
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.
Migratory Bird Permits; Removal of Yellow-billed Magpie and Other Revisions to Depredation Order
We, the U.S. Fish and Wildlife Service (Service), change the regulations governing control of depredating blackbirds, cowbirds, grackles, crows, and magpies. The yellow-billed magpie (Pica nuttalli) is endemic to California and has suffered substantial population declines. It is a species of conservation concern. We remove the species from the depredation order. A depredation permit will be necessary to control the species. We also narrow the application of the regulation from protection of any wildlife to protection of species recognized by the Federal Government, a State, or a Tribe as an endangered, threatened, or candidate species, or a species of special concern. We add conditions for live trapping, which are new to the regulation. Finally, we refine the reporting requirement to gather data more useful in assessing actions under the order.
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