Fish and Wildlife Service June 2015 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Mount Charleston blue butterfly (Icaricia (Plebejus) shasta charlestonensis) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 5,214 acres (2,110 hectares) in the Spring Mountains of Clark County, Nevada, fall within the boundaries of the critical habitat designation. The effect of this rule is to extend the Act's protections to the butterfly's critical habitat.

We, the U.S. Fish and Wildlife Service, invite the public to comment on eight applications to conduct activities intended to enhance the survival of target endangered species.

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.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) renewal application and a Habitat Conservation Plan (HCP). TAVCOR, LLC (applicant) requests renewal of ITP TE207151-1 under the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking about 1.91 acres of feeding, breeding, and sheltering habitat used by the Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) incidental to land preparation and construction in Charlotte County, Florida. The applicant's HCP describes proposed minimization measures and completed mitigation measures to address the effects of development on the covered species.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Leona's little blue butterfly (Philotiella leona) as an 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 Leona's little blue butterfly 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 species or its habitat at any time.

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 August 31, 2015. 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.

The best available scientific and commercial data indicate that the eastern puma (=cougar) (Puma (=Felis) concolor couguar) is extinct. Therefore, under the authority of the Endangered Species Act of 1973, as amended, we, the U.S. Fish and Wildlife Service (Service), propose to remove this subspecies from the Federal List of Endangered and Threatened Wildlife. This proposed action is based on a thorough review of all available information, which indicates that there is no evidence of the existence of either an extant population or individuals of the eastern puma and that, for various reasons, it is highly unlikely that an eastern puma population could remain undetected over the time span since the last confirmed sighting was documented in 1938.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Steven Sannella (applicant) 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 two listed animals, the California tiger salamander and California red- legged frog. The applicant would implement a conservation program to minimize and mitigate the project activities, as described in the applicant's low-effect habitat conservation plan (HCP). We request comments on the applicant's application and HCP, and our preliminary determination that the HCP qualifies as a ``low-effect'' HCP, 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.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status for all chimpanzees (Pan troglodytes) under the Endangered Species Act of 1973, as amended (Act). This rule eliminates the separate classification of captive and wild chimpanzees under the Act. We are also amending the rule issued under section 4(d) of the Act for primates, which is set forth at 50 CFR 17.40(c), by removing chimpanzees from that rule. This final rule implements the Federal protections provided by the Act for all chimpanzees, whether found in captivity or in the wild.

We, the Fish and Wildlife Service (Service), have received three applications for incidental take permits (ITPs) under the Endangered Species Act of 1973, as amended (Act). DCS Capital Investments I, LLC requests a 15-year ITP; Preferred Materials, Inc., doing business as Conrad Yelvington Distributers, requests a 3-year ITP; and Wickham Summerbrook, LLC requests a 5-year ITP. We request public comment on the permit applications and accompanying proposed habitat conservation plans (HCPs), as well as on our preliminary determination that the plans qualify as low-effect under the National Environmental Policy Act (NEPA). 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), advise the public that we intend to prepare an environmental impact statement (EIS) to evaluate the impacts of several alternatives relating to the proposed issuance of Endangered Species Act (ESA) Incidental Take Permits (Permit(s) or ITP(s)) under the Midwest Wind Energy Multi- Species Habitat Conservation Plan (MSHCP). We also provide this notice to announce a public scoping period. The MSHCP is being prepared by the Service and their planning partners for wind energy development within an eight-state Plan Area. The activities covered under the MSHCP (``Covered Activities'') include the construction, operation, maintenance, and decommissioning of wind energy facilities within portions of the Plan Area where ESA incidental take coverage may be considered, as well as activities associated with the management of mitigation lands. The planning partners have requested incidental take coverage for eight species in the MSHCP (``Covered Species''), including six species that are federally listed, one species that is not federally listed but may become listed during the term of the MSHCP, and the bald eagle (Haliaeetus leucocephalus), which is protected under the Bald and Golden Eagle Protection Act (Eagle Act; 50 CFR 22.11). As allowed under the Eagle Act, we anticipate extending Eagle Act take authorization for bald eagle through the section 10(a)(1)(B) permit(s) associated with the MSHCP, provided permittees are in full compliance with the terms and conditions of the ITP and Eagle Act.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Na Pua Makani Power Partners, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA). The applicant is requesting an ITP to authorize take of one threatened and six endangered species (``covered species''). If issued, the ITP would authorize incidental take of the covered species that may occur as a result of the construction and operation of the Na Pua Makani Wind Energy Project (Project). The ITP application includes a draft Habitat Conservation Plan (HCP) describing the applicant's actions and the measures the applicant will implement to minimize, mitigate, and monitor incidental take of the covered species. The Service also announces the availability of a draft Environmental Impact Statement (EIS) that has been prepared in response to the permit application in accordance with requirements of the National Environmental Policy Act (NEPA). We are making the ITP application, including the draft HCP and the draft EIS, available for public review and comment.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) U.S. Standard 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.

We, the U.S. Fish and Wildlife Service, propose to add 1 national wildlife refuge (NWR or refuge) to the list of areas open for hunting, add 4 NWRs to the list of areas open for fishing, increase the hunting activities available at 16 other NWRs, increase fishing opportunities at 1 NWR, and add pertinent refuge-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2015-2016 season.

Pursuant to the National Environmental Policy Act (NEPA) and in accordance with the negotiated settlement of a lawsuit, we, the U.S. Fish and Wildlife Service (Service), published a notice in the Federal Register on April 30, 2013, announcing and inviting comments on our intention to develop a draft programmatic environmental assessment (PEA) of the effects of the cultivation and use of genetically modified crops (GMCs) on certain refuges in the Southeast Region to meet wildlife management objectives. As part of the settlement agreement, we also agreed to discontinue cultivating and using the GMCs in the Southeast Region after the 2012 crop year and to refrain from such activities until 90 days after completion of an appropriate NEPA analysis of such activities. On July 17, 2014, the Chief of the Service's National Wildlife Refuge System issued a memorandum announcing that the use of GMCs to meet wildlife management objectives within the National Wildlife Refuge System (System) would be phased out and discontinued by January 2016. Accordingly, we have concluded that our NEPA process is no longer necessary and, therefore, are notifying the public that we are discontinuing preparation of the PEA.

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition and a proposed rule to remove the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) from the Federal List of Endangered and Threatened Wildlife because the original classification is no longer the most appropriate determination. This action is based on a thorough review of the best available scientific and commercial information, which indicates that the currently listed subspecies is not a valid taxonomic entity. We are seeking information, data, and comments from the public on this proposed rule.

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.

We (U.S. Fish and Wildlife Service) published a notice on May 11, 2015, announcing our intention to ask the Office of Management to renew approval for the information collection (IC) described below. We are revising that notice to: (1) Provide the estimated date for States to begin entering information into the new electronic system (Wildlife Tracking and Reporting Actions for the Conservation of Species); (2) revise the burden for reporting the information; and (3) extend the comment period. 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 September 30, 2015. 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.