Fish and Wildlife Service April 2016 – Federal Register Recent Federal Regulation Documents
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Availability of Draft Environmental Impact Statement for Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project
We, the U.S. Fish and Wildlife Service (Service or USFWS), have prepared a draft Environmental Impact Statement (EIS) under the National Environmental Policy Act of 1969, as amended (NEPA), in response to an application from Power Company of Wyoming (PCW) for eagle take permits (ETPs) pursuant to the Bald and Golden Eagle Protection Act (BGEPA) and its implementing regulations. PCW has applied for standard and programmatic ETPs for the Chokecherry and Sierra Madre (CCSM) Phase I Wind Energy Project in Carbon County, Wyoming. We announce a public comment period on the draft EIS. We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Declaration for Importation or Exportation of Fish or Wildlife
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, 2016. 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.
MidAmerican Wind Energy Habitat Conservation Plan; Draft Environmental Impact Statement
Pursuant to the National Environmental Policy Act of 1969, as amended (NEPA), we are advising the public that we intend to prepare an environmental impact statement (EIS) on a proposed Endangered Species Act (ESA) incidental take permit (ITP) application from MidAmerican Energy Company (MEC) for the federally endangered Indiana bat, the federally threatened northern long-eared bat, the little brown bat, and the bald eagle. We are also announcing the initiation of a public scoping process to engage Federal, Tribal, State, and local governments; special interest groups; and the public in the identification of issues and concerns, potential impacts, and possible alternatives to the proposed action. MEC is currently operating (20) and constructing (2) wind energy facilities in the State of Iowa capable of generating more than 4,040 megawatts (MW) of wind generation capacity, and expects to construct additional wind energy projects over the next 30 years. MEC is preparing a habitat conservation plan (HCP) in support of its ITP application for both MEC's existing facilities and facilities presently under construction. Construction, operation, maintenance, decommissioning, reclamation, and repowering of wind energy facilities, as well as activities associated with the management of mitigation land, have the potential to impact certain bat and bird species. Species to be covered in the MEC HCP include the federally listed endangered Indiana bat, the federally listed threatened northern long-eared bat, the unlisted little brown bat and the bald eagle, which is protected under the Eagle Act. As allowed under the Eagle Act, we anticipate extending Eagle Act take authorization for bald eagle through an ESA Section 10(a)(1)(B) permit associated with the HCP, provided MEC is in full compliance with the terms and conditions of the permit and Eagle Act.
Endangered and Threatened Wildlife and Plants; Determination That Designation of Critical Habitat Is Not Prudent for the Northern Long-Eared Bat
We, the U.S. Fish and Wildlife Service (Service), have reconsidered whether designating critical habitat for the northern long-eared bat (Myotis septentrionalis) is prudent. We have determined that such a designation is not prudent. We listed the northern long- eared bat as a threatened species under the Endangered Species Act of 1973, as amended (Act), on April 2, 2015. At the time the species was listed, we determined that designation of critical habitat was prudent, but not determinable. Since that time, information has come available that demonstrates that designating the wintering habitat as critical habitat for the bat would likely increase the threat from vandalism and disturbance, and could, potentially, increase the spread of white-nose syndrome. In addition, designating the summer habitat as critical habitat would not be beneficial to the species, because there are no areas within the summer habitat that meet the definition of critical habitat. Thus, we have determined that the designation of critical habitat is not prudent for the northern long-eared bat.
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) prohibit activities with listed species unless Federal authorization is acquired that allows such activities.
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 Incidental Take Permit Applications for Participation in the Amended 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 incidental take permit applications for take of the federally listed American burying beetle resulting from activities associated with the geophysical exploration (seismic) and construction, maintenance, operation, repair, and decommissioning of oil and gas well field infrastructure and pipelines within Oklahoma. If approved, the permits would be issued under the approved Amended 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; Revisions to the Regulations for Petitions
We, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services), announce revisions to the May 21, 2015, proposed rule that would revise the regulations pertaining to submission of petitions and the reopening of the public comment period. In this document, we are setting forth modified proposed amendments to the regulations based on comments and information we received during the May 21, 2015, proposed rule's public comment period. We are reopening the comment period to allow all interested parties an opportunity to comment on these revisions, as described in this document, and on the information collection requirements. Comments previously submitted need not be resubmitted, as they have been considered in development of this revised proposed rule and will be fully considered in preparation of the final rule.
Endangered and Threatened Wildlife and Plants; Recovery Plan for Vine Hill Clarkia
We, the U.S. Fish and Wildlife Service, announce the availability of the Recovery Plan for Vine Hill Clarkia (Clarkia imbricata). The recovery plan includes recovery objectives and criteria, and specific actions necessary to achieve downlisting and delisting from the Federal Lists of Endangered and Threatened Wildlife and Plants.
Endangered and Threatened Wildlife and Plants; Proposed Rule To Amend the Listing of the Southern Selkirk Mountains Population of Woodland Caribou
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our May 8, 2014, proposed rule to amend the listing of the southern Selkirk Mountains population of woodland caribou (Rangifer tarandus caribou) by defining the Southern Mountain Caribou distinct population segment (DPS) and listing it as threatened. In the May 8, 2014, proposed rule, we also proposed to reaffirm our November 28, 2012, final designation of critical habitat for the southern Selkirk Mountains population of woodland caribou as critical habitat for the proposed Southern Mountain Caribou DPS. On March 23, 2015, the U.S. District Court of Idaho remanded our November 28, 2012, final critical habitat rule to the Service to correct a procedural error by providing another opportunity for public comment. This reopening of the comment period will provide all interested parties with the opportunity to provide comment on our November 28, 2012, final critical habitat designation, in light of the court's ruling.
Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List the West Coast Distinct Population Segment of Fisher
We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to list the West Coast Distinct Population Segment of fisher (Pekania pennanti), a mustelid species from California, Oregon, and Washington, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This withdrawal is based on our evaluation of the best scientific and commercial information available. Our evaluation took into consideration an extensive amount of information and comments regarding the proposed West Coast DPS of fisher received during multiple comment periods. Our evaluation of all this information leads us to conclude that the stressors acting upon the proposed West Coast DPS of fisher are not of sufficient imminence, intensity, or magnitude to indicate that they are singly or cumulatively resulting in significant impacts at either the population or rangewide scales. We find the best scientific and commercial data available indicate that the proposed West Coast DPS of fisher does not meet the statutory definition of an endangered or threatened species because the stressors potentially impacting the proposed DPS and its habitat are not of sufficient magnitude, scope, or imminence to indicate that the DPS is in danger of extinction, or likely to become so within the foreseeable future. Consequently, we are withdrawing our proposal to list the West Coast DPS of fisher as a threatened species.
Aquatic Nuisance Species Task Force Meeting
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Aquatic Nuisance Species (ANS) Task Force. The ANS Task Force's purpose is to develop and implement a program for U.S. waters to prevent introduction and dispersal of aquatic invasive species (AIS); to monitor, control, and study such species; and to disseminate related information.
Endangered and Threatened Wildlife and Plants; Receipt of Application for Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan and Associated Documents; Indian River 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). Remington Stewart, LLP (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 Florida scrub-jay. We invite written comments on the ITP application and HCP.
Endangered Species; Recovery Permit Applications
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for recovery permits to conduct activities with the purpose of enhancing the survival of 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.
Availability of the Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan and Draft Environmental Impact Statement
We, the U.S. Fish and Wildlife Service (Service), under the Endangered Species Act of 1973, as amended (ESA), announce the availability of the Midwest Wind Energy Multi-Species Habitat Conservation Plan (MSHCP). Planning partners include the State conservation agencies from the States of Michigan, Indiana, Wisconsin, Minnesota, Iowa, Illinois, and Missouri, the American Wind Energy Association (AWEA), who is representing a consortium of wind energy companies called WEBAT (Wind Energy Bat Action Team), and The Conservation Fund. The Plan Area encompasses all lands within the States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin. The covered species include six federally listed bat and bird species, one bat species that may be listed in the future, and the bald eagle. The activities covered under the MSHCP (``covered activities'') include the construction, operation, maintenance, decommissioning and repowering of wind energy facilities, as well as monitoring activities. Up to 18,004 megawatts (MW) of existing facilities and 33,000 MW of new wind development are proposed to be covered under the MSHCP. In accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, and the Council on Environmental Quality (CEQ) regulations, the Service is also announcing the availability of the MSHCP draft environmental impact statement (DEIS).
Endangered and Threatened Wildlife and Plants; Threatened Species Status for Platanthera integrilabia (White Fringeless Orchid)
On September 15, 2015, we, the U.S. Fish and Wildlife Service (Service), announced a proposed rule to list Platanthera integrilabia (white fringeless orchid), a plant species from Alabama, Georgia, Kentucky, Mississippi, South Carolina, and Tennessee, as a threatened species under the Endangered Species Act of 1973, as amended (Act). We now announce that we are reopening the comment period for the proposed rule, in order to completely satisfy the notification requirements under the Act.
Endangered and Threatened Wildlife and Plants; 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 or threatened species unless a Federal permit allows such activity. The Act requires that we invite public comment before issuing these permits.
Endangered and Threatened Wildlife and Plants; Application To Amend Incidental Take Permit; Revised Diversified Pacific Low-Effect Habitat Conservation Plan and Associated Documents, City of Redlands, San Bernardino County, California
We, the U.S. Fish and Wildlife Service (Service), have received an application from Diversified Pacific (applicant), to amend a 5-year incidental take permit (permit). The application includes the applicant's revised habitat conservation plan (HCP), as required by the Endangered Species Act of 1973, as amended (Act). If approved, the amended permit would authorize incidental take of the endangered San Bernardino Merriam's kangaroo rat (SBKR) in the course of routine construction activities associated with the development of residential houses in the City of Redlands. We invite public comment on the application for a permit amendment and the revised HCP, and on our preliminary determination that the revised HCP continues to qualify as ``low-effect'' for a categorical exclusion under the National Environmental Policy Act. To make this determination we used our low- effect screening form.
Application for an Enhancement of Survival Permit for the Proposed Springs Preserve Safe Harbor Agreement, Las Vegas, Clark County, Nevada
We, the U.S. Fish and Wildlife Service (Service), have received an application from the Las Vegas Valley Water District (applicant) for an enhancement of survival permit under the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed safe harbor agreement (SHA) between the applicant and the Service. The SHA provides for voluntary activities that will contribute to the recovery of the Pahrump poolfish. We have made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA).
Migratory Bird Hunting; Final Frameworks for Migratory Bird Hunting Regulations
We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on March 28, 2016, that prescribes final frameworks from which States may select season dates, limits, and other options for the 2016-17 migratory bird hunting seasons. In that rule, we made an error in the daily bag limit for canvasbacks in Alaska. We intended to increase the daily bag limit for canvasbacks in Alaska, as we did for the rest of the United States, to 2 birds. We also included an incorrect description for the Special Early Canada Goose Unit in South Dakota. With this document, we correct our errors.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Preble's Meadow Jumping Mouse
The U.S. Fish and Wildlife Service (Service) announces the availability of a draft recovery plan for the Preble's meadow jumping mouse. This species is federally listed as threatened under the Endangered Species Act of 1973, as amended (ESA). The Service solicits review and comment from the public on this draft plan.
Habitat Conservation Plan for the Morro Shoulderband Snail; Sweet Springs Nature Preserve, Community of Los Osos, San Luis Obispo County, California
We, the U.S. Fish and Wildlife Service (Service), have received an application from Morro Coast Audubon Society (MCAS) for a 15-year incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. The application addresses the potential for ``take'' of the federally endangered Morro shoulderband snail likely to result incidental to the removal of nonnative vegetation, restoration of native coastal dune scrub habitat, construction and ongoing uses of a coastal access trail, and routine maintenance of preserve lands on approximately 31 acres known as Sweet Springs Nature Reserve in the unincorporated community of Los Osos, San Luis Obispo County, California. We invite comments from the public on the application package, which includes a draft habitat conservation plan (HCP) and draft low-effect screening form and environmental action statement, which constitutes our proposed National Environmental Policy Act (NEPA) compliance.
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.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Big Sandy Crayfish and Endangered Species Status for the Guyandotte River Crayfish
We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the Big Sandy crayfish (Cambarus callainus), a freshwater crustacean from Kentucky, Virginia, and West Virginia, and endangered status for the Guyandotte River crayfish (C. veteranus), a freshwater crustacean from West Virginia. This rule adds these species to the Federal List of Endangered and Threatened Wildlife.
Endangered and Threatened Wildlife and Plants; Listing the Scarlet Macaw
We, the U.S. Fish and Wildlife Service (Service), notify the public that, based on new information, we are making changes to our proposed rule of July 6, 2012, to list as endangered the northern subspecies of scarlet macaw (Ara macao cyanoptera) and the northern distinct vertebrate population segment (DPS) of the southern subspecies (A. m. macao). We are also reopening the comment period. Comments previously submitted will be considered and do not need to be resubmitted. However, we invite comments on the new information presented in this document relevant to our consideration of the changes described below. We encourage those who may have commented previously to submit additional comments, if appropriate, in light of this new information.
Proposed Information Collection; Captive Wildlife Safety Act
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, 2016. 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.
Endangered and Threatened Wildlife and Plants; U.S. Captive-Bred Inter-subspecific Crossed or Generic Tigers
We, the U.S. Fish and Wildlife Service (Service), are amending the regulations that implement the Endangered Species Act (Act) by removing inter-subspecific crossed or generic tiger (Panthera tigris) (i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies (Panthera tigris tigris, P. t. sumatrae, P. t. altaica, and P. t. corbetti, respectively)) from the list of species that are exempt from registration under the Captive-bred Wildlife (CBW) regulations. The exemption currently allows those individuals or breeding operations who want to conduct otherwise prohibited activities, such as take, interstate commerce, and export under the Act with U.S. captive-bred, live inter-subspecific crossed or generic tigers, to do so without becoming registered. We make this change to the regulations to strengthen control over commercial movement and sale of tigers in the United States and to ensure that activities involving inter-subspecific crossed or generic tigers are consistent with the purposes of the Act. Inter-subspecific crossed or generic tigers are listed as endangered under the Act, and a person will need to obtain authorization under the current statutory and regulatory requirements to conduct any otherwise prohibited activities with them.
Endangered and Threatened Wildlife and Plants; Final Rule To List Eleven Distinct Population Segments of the Green Sea Turtle (Chelonia mydas) as Endangered or Threatened and Revision of Current Listings Under the Endangered Species Act
NMFS and USFWS issue a final rule to list 11 distinct population segments (DPSs) of the green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) under the Endangered Species Act (ESA). Based on the best available scientific and commercial data, and after considering comments on the proposed rule, we have determined that three DPSs are endangered species and eight DPSs are threatened species. This rule supersedes the 1978 final listing rule for green turtles. It applies the existing protective regulations to the DPSs. Critical habitat is not determinable at this time but will be proposed in a future rulemaking. In the interim, the existing critical habitat designation (i.e., waters surrounding Culebra Island, Puerto Rico) remains in effect for the North Atlantic DPS.
Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions To List Island Marble Butterfly, San Bernardino Flying Squirrel, Spotless Crake, and Sprague's Pipit as Endangered or Threatened Species
We, the U.S. Fish and Wildlife Service (Service), announce 12- month findings on petitions to list the island marble butterfly, the San Bernardino flying squirrel, the American Samoa population of the spotless crake, and the Sprague's pipit as endangered species or threatened species under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the island marble butterfly as an endangered or threatened species is warranted. Currently, however, listing the island marble butterfly is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the island marble butterfly to our candidate species list. We will develop a proposed rule to list the island marble butterfly as our priorities allow. After review of the best available scientific and commercial information, we find that listing the San Bernardino flying squirrel, the American Samoa population of the spotless crake, and the Sprague's pipit is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the stressors to the San Bernardino flying squirrel, the American Samoa population of the spotless crake, the Sprague's pipit, or their habitats at any time.
Proposed Amendment to the Willamette Valley Native Prairie Habitat Programmatic Safe Harbor Agreement for the Fender's Blue Butterfly in Benton, Lane, Linn, Marion, Polk, and Yamhill Counties, Oregon
The U.S. Fish and Wildlife Service (Service) proposes to amend an enhancement of survival (EOS) permit issued to itself on May 26, 2009, pursuant to the Endangered Species Act of 1973, as amended (ESA). The EOS permit is associated with a programmatic Safe Harbor Agreement (SHA) developed for the conservation of the federally-listed endangered Fender's blue butterfly within the Willamette Valley in Oregon. The proposed amendment would extend the term of the SHA and the permit for an additional 11 years. The amendment includes adding Washington County, Oregon, to the geographical area covered by the SHA and the permit. The amended permit would continue to authorize the Service to extend incidental take coverage to eligible landowners who are willing to carry out habitat management actions that benefit the Fender's blue butterfly by enrolling landowners under the SHA through Certificates of Inclusion. We request comments from the public on the proposed amendment of the EOS permit and the SHA, and a draft environmental action statement (EAS) prepared pursuant to the requirements of the National Environmental Policy Act (NEPA).
Low-Effect Habitat Conservation Plan for The Terrace of Scotts Valley in the City of Scotts Valley, Santa Cruz County, California
We, the U.S. Fish and Wildlife Service, have received an application from Mr. Chris Perri of Apple Homes Development 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 20 new townhomes, garages, and associated landscaping and infrastructure at two existing legal parcels in Scotts Valley, Santa Cruz County, California. We invite comments from the public on the application package, which includes the Low- Effect Habitat Conservation Plan for The Terrace of Scotts Valley.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2016 Season
The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2016 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 will go into effect on April 2, 2016, and expire on August 31, 2016.
Receipt of Applications for Endangered Species Permits
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 a Federal permit is issued that allows such activities. The ESA requires that we invite public comment before issuing these permits.
Endangered and Threatened Wildlife and Plants; Recovery Plan for the Behren's Silverspot Butterfly
We, the U.S. Fish and Wildlife Service, announce the availability of the final recovery plan for the Behren's silverspot butterfly. The recovery plan includes recovery objectives and criteria, and it includes specific actions necessary to reclassify the species from endangered to threatened, and to achieve removal of the species from the Federal Lists of Endangered and Threatened Wildlife and Plants.
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