Fish and Wildlife Service April 2018 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service, announce the availability of a joint final environmental impact statement and final environmental impact report (final EIS/EIR) under the National Environmental Policy Act of 1967, as amended. We also announce the availability of the final habitat conservation plan (HCP) and California natural community conservation plan. These documents were prepared in support of a permit application submitted to us under the Endangered Species Act of 1973, as amended. We will use these documents to inform our decision regarding issuance of the permit.

We, the U.S. Fish and Wildlife Service (Service), are removing the textual descriptions of critical habitat boundaries from those designations for mammals, birds, amphibians, fishes, clams, snails, arachnids, crustaceans, and insects for which the maps have been determined to be sufficient to stand as the official delineation of critical habitat. For these entries, the boundaries of critical habitat as mapped or otherwise described will be the official delineation of the designation. The coordinates and/or plot points that we are removing from the Code of Federal Regulations will be available to the public at the lead field office of the Service responsible for the designation and online at the Federal eRulemaking Portal. This action does not increase, decrease, or otherwise change the boundaries of any critical habitat designation. We are taking this action in accordance with our May 1, 2012, revision of the regulations related to publishing textual descriptions of critical habitat boundaries in the Code of Federal Regulations and as part of our response to Executive Order 13563 (January 18, 2011) directing Federal agencies to review their existing regulations and then to modify or streamline them in accordance with what they learned.

In accordance with the Marine Mammal Protection Act of 1972, as amended, the U.S. Fish and Wildlife Service has issued Letters of Authorization for the nonlethal take of polar bears and Pacific walruses incidental to oil and gas industry exploration, development, and production activities in the Beaufort Sea and the adjacent northern coast of Alaska and incidental to oil and gas industry exploration activities in the Chukchi Sea and the adjacent western coast of Alaska. These Letters of Authorization stipulate conditions and methods that minimize impacts to polar bears and Pacific walruses from these activities.

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, as amended, we request comments on our proposed authorization for the applicant to incidentally take, by harassment, small numbers of southern sea otters during a 1-year authorization period beginning on or before June 15, 2018. We anticipate no take by injury or death and include none in this proposed authorization, which would be for take by harassment only.

We, the U.S. Fish and Wildlife Service (Service), have received requests from the County of Santa Cruz and City of Scotts Valley (applicants), for renewal of two incidental take permits under the Endangered Species Act of 1973, as amended. The applicants have requested a renewal that will extend permit authorization by 5 years from the date the permit is reissued. If renewed, no additional take above the original authorized limit of 139 acres of habitat will be authorized. The permits would authorize take of the federally endangered Mount Hermon June beetle, incidental to otherwise lawful activities associated with the Interim Programmatic Habitat Conservation Plan for the Endangered Mount Hermon June beetle and Ben Lomond spineflower.

We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on applications for permits to conduct activities intended to enhance the propagation or survival of endangered species. With some exceptions, the Endangered Species Act of 1973, as amended (ESA), prohibits certain activities affecting endangered and threatened species unless that activity is covered under a Federal permit authorizing take of the species or authorizing otherwise prohibited activities. The ESA also requires that we invite public comment before issuing these permits.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection with revisions.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on two petitions to list, reclassify, or delist wildlife or plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that one petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate a review of the status of that species to determine if the petitioned action is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether or not the petitioned action is warranted, in accordance with the Act. We also find that one petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we are not initiating a status review of this species in response to that petition. We refer to this finding as a ``not substantial'' petition finding.

We, the U.S. Fish and Wildlife Service (Service), propose to list the island marble butterfly (Euchloe ausonides insulanus) as an endangered species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). In total, approximately 812 acres (329 hectares) on the south end of San Juan Island, San Juan County, Washington, fall within the boundaries of the proposed critical habitat designation. If we finalize this rule as proposed, it would extend the Act's protections to this species and its critical habitat. The effect of this rule will be to add this species to the List of Endangered and Threatened Wildlife and to designate critical habitat for the island marble butterfly under the Act. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the island marble butterfly.

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.

We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for Louisiana pinesnake (Pituophis ruthveni), a reptile species from Louisiana and Texas. The effect of this regulation will be to add this species to the List of Endangered and Threatened Wildlife.

We, the U.S. Fish and Wildlife Service, have issued permits to conduct activities with endangered and threatened species under the authority of the Endangered Species Act, as amended (ESA). With some exceptions, the ESA prohibits activities involving listed species unless a Federal permit is issued that allows such activity.

We, the U.S. Fish and Wildlife Service, in coordination with the California Department of Fish and Wildlife and the California State Coastal Conservancy, announce the availability of a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/EIR) for Phase 2 of the South Bay Salt Pond Restoration Project at the Eden Landing Ecological Reserve in Alameda County, California. The DEIS/EIR, which we prepared in accordance with the National Environmental Policy Act of 1969, describes and analyzes the alternatives identified for Phase 2 of the South Bay Salt Pond Restoration Project.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection with revisions.

We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973, as amended (ESA or Act), for yellow lance (Elliptio lanceolata), a mussel species from Maryland, Virginia, and North Carolina. The effect of this regulation will be to add this species to the List of Endangered and Threatened Wildlife.

We, the U.S. Fish and Wildlife Service, advise the public that we intend to prepare a draft environmental assessment (EA), pursuant to the National Environmental Policy Act, to evaluate the impacts of, and alternatives to, the proposed issuance of an enhancement of survival permit under the Endangered Species Act of 1973, as amended, to Freeport-McMoRan, Inc., Freeport-McMoRan Morenci, Inc., and the Morenci Water and Electric Company (FMMI/MWE) (collectively referred to as the applicant) for conservation of federally-listed fish species. The applicant proposes to draft a safe harbor agreement. Via this notice, we also open a public scoping period.

We, the U.S. Fish and Wildlife Service, have issued permits to conduct activities with endangered and threatened species under the authority of the Endangered Species Act, as amended (ESA). With some exceptions, the ESA prohibits activities involving listed species unless a Federal permit is issued that allows such activity.

We, the Fish and Wildlife Service (Service), announce the availability of our draft recovery plan for four invertebrate species Noel's Amphipod, Koster's springsnail, Roswell springsnail, and Pecos assimineaall of which are listed as endangered under the Endangered Species Act of 1973, as amended (Act). These invertebrate species are currently found in southeastern New Mexico and southwest Texas. The draft recovery plan includes specific recovery objectives and criteria to be met in order to enable us to remove these species from the list of endangered and threatened wildlife and plants. We request review and comment on this plan from local, State, and Federal agencies; Tribes; and the public. We will also accept any new information on the status of these species throughout their range to assist in finalizing the recovery plan.