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

We, the U.S. Fish and Wildlife Service, announce a public meeting of the Aquatic Nuisance Species (ANS) Task Force, in accordance with the Federal Advisory Committee Act. 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; to monitor, control, and study such species; and to disseminate related information.

We, the U.S. Fish and Wildlife Service, invite the public to comment on applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species. Federal law prohibits certain activities with endangered species unless a permit is obtained.

We, the U.S. Fish and Wildlife Service (Service), are announcing the availability of the following documents for review and comment by the public and Federal, Tribal, State, and local governments: Candidate Conservation Agreement with Assurances for Arctic Grayling in the Centennial Valley, Montana (Centennial Valley CCAA), and Draft Environment Assessment of the Centennial Valley CCAA (EA). The Service, Montana Fish, Wildlife and Parks (MFWP), and local partners prepared the draft Centennial Valley CCAA to give non-Federal landowners the opportunity to voluntarily conserve Arctic grayling (a fish species) and its habitat in the Centennial Valley, Montana. The MFWP is applying for an enhancement of survival permit under the ESA to enroll landowners in the Centennial Valley CCAA. To comply with the National Environmental Policy Act, the Service prepared the draft EA.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final supplemental environmental impact statement (SEIS) and final Montana Department of Natural Resources Amended Habitat Conservation Plan (HCP) for forest management in Montana. The Montana Department of Natural Resources and Conservation (DNRC) applied to the Service for an amended incidental take permit (permit) under the Endangered Species Act of 1973, as amended (ESA). DNRC is requesting authorization of additional incidental take of three federally listed and one unlisted species on 81,416 acres to be added to its HCP-covered lands. DNRC also amended the HCP to incorporate the terms of a settlement agreement from a 2013 lawsuit on the original permit. The final SEIS considers the environmental effects of amending the HCP and permit and addresses public comments received on the 2017 draft EIS.

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 endangered and threatened species unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing recovery permits to conduct certain activities with endangered species.

The U.S. District Court for Alaska in its October 17, 2011, order in Peratrovich et al. v. United States and the State of Alaska, 3:92-cv-0734-HRH (D. Alaska), enjoined the United States ``to promptly initiate regulatory proceedings for the purpose of implementing the subsistence provisions in Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) with respect to submerged public lands within Tongass National Forest'' and directed entry of judgment. To comply with the order, the Federal Subsistence Board (Board) initiated a regulatory proceeding to identify those submerged lands within the Tongass National Forest that did not pass to the State of Alaska at statehood and, therefore, remain Federal public lands subject to the subsistence provisions of ANILCA. Following the Court's decision, the Bureau of Land Management (BLM) and the USDA-Forest Service (USDA-FS) started a review of hundreds of potential pre-statehood (January 3, 1959) withdrawals in the marine waters of the Tongass National Forest. In April and October of 2015, BLM submitted initial lists of submerged public lands to the Board. This rule adds those submerged parcels to the subsistence regulations to ensure compliance with the Court order. Additional listings will be published as BLM and the USDA-FS continue their review of pre-statehood withdrawals.

We, the U.S. Fish and Wildlife Service (Service), make available the draft Western Travis County Public Utility Agency (WTCPUA) Habitat Conservation Plan, as well as the associated draft environmental assessment, for construction of a raw water pipeline in Travis County, Texas. WTCPUA has applied to the Service for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. The requested ITP, which would be in effect for a period of 30 years, if granted, would authorize incidental take of the federally listed golden-cheeked warbler (Setophaga [=Dendroica] chrysoparia). The proposed incidental take would occur during construction of a raw water pipeline as a result of vegetation clearing, earth-moving activities, and pipeline construction and also during operation and maintenance of the pipeline. In addition, incidental take would occur as a result of the operation and maintenance of existing facilities, including the existing water pipeline, water intake, and the Uplands Water Treatment Facility.

We, the U.S. Fish and Wildlife Service, announce the availability of a final environmental impact statement (EIS) for a proposed project to restore coastal wetlands at the south end of San Diego Bay. The Otay River Estuary Restoration Project is located within the South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge (NWR) in San Diego County, California. This notice advises the public that the final EIS is now available to the public. The final EIS describes the alternatives identified to restore two portions of the South San Diego Bay Unit of the San Diego Bay NWR to coastal wetlands to benefit native fish, wildlife, and plant species.

We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless Federal authorization is acquired that allows such activities. The ESA also requires that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), reclassify Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii; currently listed as Ancistrocactus tobuschii), from endangered to threatened on the Federal List of Endangered and Threatened Plants. This determination is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to this plant have been reduced to the point that it is no longer in danger of extinction throughout all or a significant portion of its range, but it remains threatened with becoming endangered within the foreseeable future. In addition, we accept the new taxonomic classification for Tobusch fishhook cactus as the subspecies Sclerocactus brevihamatus ssp. tobuschii.

We, the U.S. Fish and Wildlife Service (Service), are initiating 5-year status reviews of 35 species under the Endangered Species Act of 1973, as amended. 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 reviews of these species.

In accordance with the Comprehensive Environmental Response, Compensation and Liability Act and the National Environmental Policy Act, the natural resource Trustees for the Tri-State Mining District (TSMD) site announce the availability for public comment of a Draft Restoration Plan and Environmental Assessment (Draft RP/EA) for TSMD natural resource damage restoration. The Draft RP/EA presents a restoration project the Trustees are proposing to implement to restore natural resources and services injured by hazardous substances released in and around the TSMD site.

We, the U.S. Fish and Wildlife Service (Service), provide this notice to open a public scoping period and announce a public open house meeting in accordance with requirements of National Environmental Policy Act (NEPA) regulations. We intend to prepare an environmental impact statement (EIS) to evaluate the impacts on the human environment associated with operations of a proposed wind energy project, for which the Service anticipates receipt of an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA). Incidental to its operations, the wind project is likely to take the marbled murrelet, listed as threatened under the ESA, as well as the bald eagle and golden eagle, both of which are protected under the Bald and Golden Eagle Protection Act. The project proponent is Skookumchuck Wind Energy Project, LLC, an affiliate of Renewable Energy Services. The wind project would be located near Yelm, Washington, in Lewis and Thurston Counties, and would consist of up to 38 commercial wind turbines and associated infrastructure.