Fish and Wildlife Service August 2016 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To Delist the Coastal California Gnatcatcher
Document Number: 2016-20864
Type: Proposed Rule
Date: 2016-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to remove the coastal California gnatcatcher (Polioptila californica californica) from the Federal List of Endangered and Threatened Wildlife (List) under the Endangered Species Act of 1973, as amended. After review of the best available scientific and commercial information, we find that delisting the coastal California gnatcatcher is not warranted at this time.
Endangered and Threatened Wildlife and Plants; 5-Year Status Reviews of 22 Southeastern Species
Document Number: 2016-20670
Type: Notice
Date: 2016-08-30
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are initiating 5-year status reviews of 22 species under the Endangered Species Act of 1973, as amended (Act). A 5-year review is an assessment of the best scientific and commercial data available at the time of the review. Therefore, we are requesting submission of information that has become available since the last review of each of these species.
Notice of Availability of a Draft Safe Harbor Agreement and Draft Environmental Assessment for Activities Within Austin, Bastrop, Burleson, Colorado, Lavaca, Lee, Leon, Milam, and Robertson Counties, Texas
Document Number: 2016-20714
Type: Notice
Date: 2016-08-29
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that the Texas Parks and Wildlife Department (TPWD; applicant) has applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed programmatic safe harbor agreement (agreement) between the applicant and the Service that would authorize incidental take resulting from voluntary activities to restore, maintain, enhance, or create habitat for the endangered Houston toad. The Service also announces the availability of a draft environmental assessment (EA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act. We are making the permit application package, including the draft safe harbor agreement, and draft environmental assessment available for public review and comment.
Draft Safe Harbor Agreement Amendment and Application for an Enhancement of Survival Permit for the Phoenix Reach of the Rio Salado Environmental Restoration Project
Document Number: 2016-20671
Type: Notice
Date: 2016-08-29
Agency: Fish and Wildlife Service, Department of the Interior
The City of Phoenix (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an amendment to their enhancement of survival permit pursuant to the Endangered Species Act (Act), as amended. The requested amendment would authorize incidental take of the yellow-billed cuckoo as a result of operation and maintenance activities associated with the Rio Salado Project. We invite the public to review and comment on the permit application and the associated draft safe harbor agreement amendment (amendment).
Endangered Species; Receipt of Applications for Permit
Document Number: 2016-20553
Type: Notice
Date: 2016-08-29
Agency: Fish and Wildlife Service, Department of the Interior
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 this notice, we announce 8 new permit applications that we have received, and we reopen the comment period on 11 permit applications that we had previously announced for public comment.
Endangered Species; Marine Mammals; Issuance of Permits
Document Number: 2016-20554
Type: Notice
Date: 2016-08-26
Agency: Fish and Wildlife Service, Department of the Interior
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).
Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan, Orange County, FL
Document Number: 2016-20484
Type: Notice
Date: 2016-08-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (Act). Orange County Utilities Department, is requesting a 5-year ITP. We request public comment on the permit application and accompanying proposed habitat conservation plan (HCP), as well as on our preliminary determination that the plan qualifies 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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sierra Nevada Yellow-Legged Frog, the Northern DPS of the Mountain Yellow-Legged Frog, and the Yosemite Toad
Document Number: 2016-20352
Type: Rule
Date: 2016-08-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Sierra Nevada yellow-legged frog (Rana sierrae), the northern distinct population segment (DPS) of the mountain yellow-legged frog (Rana muscosa), and the Yosemite toad (Anaxyrus canorus) under the Endangered Species Act of 1973, as amended (Act). There is significant overlap in the critical habitat designations for these three species. The designated area, taking into account overlap in the critical habitat designations for these three species, is in total approximately 733,357 hectares (ha) (1,812,164 acres (ac)) in Alpine, Amador, Calaveras, El Dorado, Fresno, Inyo, Lassen, Madera, Mariposa, Mono, Nevada, Placer, Plumas, Sierra, Tulare, and Tuolumne Counties, California. All critical habitat units and subunits are occupied by the respective species. The effect of this rule is to designate critical habitat under the Act for the conservation of the Sierra Nevada yellow-legged frog, the northern DPS of the mountain yellow-legged frog, and the Yosemite toad.
Endangered and Threatened Wildlife and Plants; 5-Year Status Reviews of 14 Caribbean Species
Document Number: 2016-19940
Type: Notice
Date: 2016-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are initiating 5-year status reviews of 14 Caribbean species under the Endangered Species Act of 1973, as amended (Act). A 5-year review is an assessment of the best scientific and commercial data available at the time of the review. We are requesting submission of information that has become available since the last review of each of these species.
Request for Nominees for the Advisory Council on Wildlife Trafficking
Document Number: 2016-19934
Type: Notice
Date: 2016-08-22
Agency: Fish and Wildlife Service, Department of the Interior
The Secretary of the Interior (Secretary), after consultation with the Co-Chairs of the Presidential Task Force on Wildlife Trafficking (Task Force), is seeking nominations for individuals to serve on the Advisory Council on Wildlife Trafficking (Council).
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Captive Wildlife Safety Act
Document Number: 2016-19920
Type: Notice
Date: 2016-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We (U.S. Fish and Wildlife Service, 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 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Management of Non-Federal Oil and Gas Rights
Document Number: 2016-19519
Type: Proposed Rule
Date: 2016-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), make available the final environmental impact statement (EIS) on regulations governing the exercise of non-Federal oil and gas rights outside of Alaska in order to improve our ability to protect refuge resources, visitors, and the general public's health and safety from potential impacts associated with non-Federal oil and gas operations located within refuges.
Hunting and Fishing
Document Number: 2016-19797
Type: Rule
Date: 2016-08-18
Agency: Fish and Wildlife Service, Department of the Interior
Endangered Species; Receipt of Applications for Permit
Document Number: 2016-19715
Type: Notice
Date: 2016-08-18
Agency: Fish and Wildlife Service, Department of the Interior
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; Designation of Critical Habitat for the Acuña Cactus and the Fickeisen Plains Cactus
Document Number: 2016-19159
Type: Rule
Date: 2016-08-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Echinomastus erectocentrus var. acunensis (acu[ntilde]a cactus) and the Pediocactus peeblesianus var. fickeiseniae (Fickeisen plains cactus) under the Endangered Species Act. Critical habitat for the acu[ntilde]a cactus is located in Maricopa, Pima, and Pinal Counties, Arizona, and critical habitat for the Fickeisen plains cactus is located in Coconino and Mohave Counties, Arizona. The effect of this regulation is to designate critical habitat for the acu[ntilde]a cactus and the Fickeisen plains cactus under the Endangered Species Act.
Endangered and Threatened Wildlife and Plants; Threatened Status for Lepidium papilliferum
Document Number: 2016-19528
Type: Rule
Date: 2016-08-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine threatened status under the Endangered Species Act of 1973, as amended, for Lepidium papilliferum (slickspot peppergrass), a plant species from the State of Idaho. Lepidium papilliferum was added to the List of Endangered and Threatened Plants as a threatened species through the publication of a final rule on October 8, 2009. The Idaho District Court subsequently vacated the listing of L. papilliferum and remanded the final rule to the Service for the purpose of reconsidering the definition of the ``foreseeable future'' in regard to this particular species. The Court did not question the science underlying the Service's determination of threatened status for the species. We have reconsidered the definition of ``foreseeable future'' for L. papilliferum in this final rule; therefore, it addresses the Court's remand. The effect of this regulation is to reinstate threatened species status of L. papilliferum on the List of Endangered and Threatened Plants.
Migratory Bird Hunting; Seasons and Bag and Possession Limits for Certain Migratory Game Birds
Document Number: 2016-19447
Type: Rule
Date: 2016-08-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on July 25, 2016, that prescribes the hunting seasons, hours, areas, and daily bag and possession limits for migratory game birds during the 2016-17 season. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. In that final rule, we identified several errors concerning season dates, and bag and possession limits, for certain States, as well as a number of formatting and other errors in tables and table notes. With this document, we correct those errors.
Endangered and Threatened Wildlife and Plants; Recovery Permit Applications
Document Number: 2016-19351
Type: Notice
Date: 2016-08-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for a permit to conduct activities intended to enhance the survival of endangered species. Federal law prohibits certain activities with endangered species unless a permit is obtained.
Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination for the Proposed Listing of the Headwater Chub and Distinct Population Segment of the Roundtail Chub as Threatened Species
Document Number: 2016-19340
Type: Proposed Rule
Date: 2016-08-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the determination of whether the headwater chub (Gila nigra) and a distinct population segment of the roundtail chub (Gila robusta) are threatened species, and we announce the reopening of the comment period on the proposed rules to add these species to the List of Endangered and Threatened Wildlife. We are taking this action based on our finding that there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to our proposed regulations to add these species to the List of Endangered and Threatened Wildlife, making it necessary to solicit additional information by reopening the comment period for 30 days.
Endangered Species Recovery Permit Applications
Document Number: 2016-19290
Type: Notice
Date: 2016-08-15
Agency: Fish and Wildlife Service, Department of the Interior
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.
Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations for the 2017-18 Hunting Season; Notice of Meetings
Document Number: 2016-19221
Type: Proposed Rule
Date: 2016-08-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), proposed in an earlier document this year to establish annual hunting regulations for certain migratory game birds for the 2017-18 hunting season. This supplement to that proposed rule provides the regulatory alternatives for the 2017-18 duck hunting seasons, announces the Service Migratory Bird Regulations Committee (SRC) and Flyway Council meetings, and provides Flyway Council recommendations resulting from their March meetings.
Endangered and Threatened Wildlife and Plants; Removing the San Miguel Island Fox, Santa Rosa Island Fox, and Santa Cruz Island Fox From the Federal List of Endangered and Threatened Wildlife, and Reclassifying the Santa Catalina Island Fox From Endangered to Threatened
Document Number: 2016-18778
Type: Rule
Date: 2016-08-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are removing the San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), and Santa Cruz Island fox (U. l. santacruzae) from the Federal List of Endangered and Threatened Wildlife and are reclassifying the Santa Catalina Island fox (U. l. catalinae) from an endangered species to a threatened species. This action is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to the San Miguel Island fox, Santa Rosa Island fox, and Santa Cruz Island fox have been eliminated or reduced to the point that each of the subspecies no longer meets the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended (Act), and that the threats to the Santa Catalina Island fox have been reduced to the point that the subspecies can be reclassified as a threatened species. We also announce the availability of a final post- delisting monitoring plan for the San Miguel Island fox, Santa Rosa Island fox, and Santa Cruz Island fox.
Endangered Species; Recovery Permit Applications
Document Number: 2016-19089
Type: Notice
Date: 2016-08-11
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Texas Hornshell
Document Number: 2016-18816
Type: Proposed Rule
Date: 2016-08-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Texas hornshell (Popenaias popeii), a freshwater mussel species from New Mexico and Texas, as an endangered species under the Endangered Species Act (Act). If we finalize this rulemaking as proposed, it would extend the Act's protections to this species.
Endangered and Threatened Wildlife and Plants; Permit Applications
Document Number: 2016-18819
Type: Notice
Date: 2016-08-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for a permit to conduct activities intended to enhance the survival of endangered or threatened species. Federal law prohibits certain activities with endangered species unless a permit is obtained.
Subsistence Management Regulations for Public Lands in Alaska-2016-17 and 2017-18 Subsistence Taking of Wildlife Regulations
Document Number: 2016-17832
Type: Rule
Date: 2016-08-08
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This final rule establishes regulations for seasons, harvest limits, and methods and means related to the taking of wildlife for subsistence uses in Alaska for the 2016-17 and 2017-18 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 rule also revises wildlife customary and traditional use determinations.
Endangered Species; Marine Mammals; Receipt of Applications for Permit
Document Number: 2016-18587
Type: Notice
Date: 2016-08-05
Agency: Fish and Wildlife Service, Department of the Interior
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.
Marine Mammals; Incidental Take During Specified Activities
Document Number: 2016-18583
Type: Rule
Date: 2016-08-05
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Marine Mammal Protection Act of 1972, as amended, and its implementing regulations, we, the U.S. Fish and Wildlife Service, finalize incidental take regulations (ITR) that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses and polar bears during oil and gas industry activities in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations include similar types of activities covered by the previous 5-year Beaufort Sea ITRs effective from August 3, 2011, through August 3, 2016. This rule is also effective for 5 years from the date of issuance.
Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska
Document Number: 2016-18117
Type: Rule
Date: 2016-08-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or FWS), are amending regulations for National Wildlife Refuges (NWRs) in Alaska that govern predator control and public participation and closure procedures. The amendments to the regulations are designed to clarify how our existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska relate to predator control; prohibit several particularly effective methods and means for take of predators; and update our public participation and closure procedures. This rule does not change Federal subsistence regulations or restrict the taking of fish or wildlife for subsistence uses under Federal subsistence regulations.
Endangered and Threatened Wildlife and Plants; Determination of Critical Habitat for the Marbled Murrelet
Document Number: 2016-18376
Type: Rule
Date: 2016-08-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine the critical habitat for the marbled murrelet (Brachyramphus marmoratus), as designated in 1996 and revised in 2011, meets the statutory definition of critical habitat under the Endangered Species Act of 1973, as amended (Act). The current designation includes approximately 3,698,100 acres (1,497,000 hectares) of critical habitat in the States of Washington, Oregon, and California.
Endangered and Threatened Wildlife and Plants; Amending the Formats of the Lists of Endangered and Threatened Wildlife and Plants
Document Number: 2016-17322
Type: Rule
Date: 2016-08-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, amend the format of the Lists of Endangered and Threatened Wildlife and Plants (Lists) to reflect current practices and standards that will make the regulations and Lists easier to understand. The Lists, in the new format, are included in their entirety and have been updated to correct identified errors.
Receipt of Incidental Take Permit Applications for Participation in the Amended Oil and Gas Industry Conservation Plan for the American Burying Beetle in Oklahoma
Document Number: 2016-18184
Type: Notice
Date: 2016-08-01
Agency: Fish and Wildlife Service, Department of the Interior
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 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).
Receipt of Applications for Endangered Species Permits
Document Number: 2016-18180
Type: Notice
Date: 2016-08-01
Agency: Fish and Wildlife Service, Department of the Interior
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; Initiation of 5-Year Status Review of Orangutan
Document Number: 2016-18096
Type: Notice
Date: 2016-08-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are initiating a 5- year status review under the Endangered Species Act of 1973, as amended (Act), of the orangutan. A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information that has become available since the last review of the species.