Fish and Wildlife Service 2019 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service, have received an application from Blue Creek Wind Farm, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended, for its Blue Creek Wind Farm project. If approved, the ITP would authorize the incidental take of the Indiana bat and the northern long-eared bat. The applicant has prepared a draft habitat conservation plan (HCP), which is available for public review. We also announce the availability of a draft environmental assessment, which has been prepared in accordance with the requirements of the National Environmental Policy Act. We request public comment on the application and associated documents.

The U.S. Fish and Wildlife Service published a document in the December 9, 2019, Federal Register that announced the availability of a proposed habitat conservation plan (HCP) and a draft environmental impact statement for public comment. The subject heading of the document incorrectly referred to the ``Upper Santa Ana River Habitat Conservation Plan'' instead of the ``Upper Santa Ana River Wash Habitat Conservation Plan,'' which is the correct name of the HCP.

We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act of 1973, as amended. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing the requested permits, we will take into consideration any information that we receive during the public comment period.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on two petitions to add species to the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate status reviews of the Bethany Beach firefly (Photuris bethaniensis) and Gulf Coast solitary bee (Hesperapis oraria) to determine whether the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding the species and factors that may affect their status. Based on the status reviews, we will issue 12-month petition findings, which will address whether or not the petitioned actions are warranted, in accordance with the Act.

We, the U.S. Fish and Wildlife Service (Service), announce 12- month findings on petitions to list three species as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act) and two additional findings that current candidate species no longer warrant listing. After a thorough review of the best scientific and commercial data available, we find that it is not warranted at this time to list the Ozark chub, purpledisk honeycombhead, red tree vole (North Oregon Coast distinct population segment (DPS)), sand verbena moth, and skiff milkvetch. However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), determine threatened status for the Hawaiian goose (nene) (Branta sandvicensis). This rule changes the listing status of the nene from an endangered species to a threatened species on the List of Endangered and Threatened Wildlife. We call this ``reclassifying'' or ``downlisting'' the species. We are also adopting a rule under the authority of section 4(d) of the Act (a ``4(d) rule'') to enhance conservation of the species through range expansion and management flexibility. This final rule is based on a thorough review of the best available scientific data, which indicate that the threats to this species have been reduced to the point that it no longer meets the definition of endangered under the Act, but that it is likely to become an endangered species within the foreseeable future. In addition, this rule corrects the Federal List of Endangered and Threatened Wildlife to reflect that Nesochen is not currently a scientifically accepted generic name for this species, and acknowledges the Hawaiian name ``nene'' as an alternative common name.

We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.

We, the U.S. Fish and Wildlife Service, have received applications from the San Bernardino Valley Water Conservation District (District) and the San Bernardino County Flood Control District (SBCFCD) for incidental take permits under the Endangered Species Act. We advise the public of the availability of an accompanying proposed habitat conservation plan (HCP), which covers two federally listed animal species and other covered species, and a draft environmental impact statement (EIS), for public review and comment. The HCP covers activities for water conservation, aggregate mining, recreation, flood control and other public services in San Bernardino County, California. The draft EIS is a joint Environmental Impact Statement/Supplemental Environmental Impact Report (EIS/SEIR). The draft SEIR portion of the joint document was prepared by the District in compliance with the California Environmental Quality Act.

In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), the Federal Land Policy and Management Act of 1976, as amended, and the Endangered Species Act of 1973 (ESA), as amended, the Bureau of Land Management (BLM), and the Fish and Wildlife Service (FWS), as co-lead agencies, intend to prepare an Environmental Impact Statement (EIS) to consider a right-of-way application submitted by the Utah Department of Transportation (referred to henceforth as the Northern Corridor project), potential amendments to the St. George Field Office and Red Cliffs National Conservation Area (NCA) Resource Management Plans (RMPs), and the issuance of an Incidental Take Permit (ITP) to Washington County, Utah, under Section 10(a)(1)(B) of the ESA.

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

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a record of decision (ROD) for the proposed issuance of an Endangered Species Act incidental take permit (ITP) addressing the Washington Department of Natural Resources (WDNR) 1997 State Trust Lands Habitat Conservation Plan (HCP), as amended to include a Long- Term Conservation Strategy for the federally threatened marbled murrelet. The ROD documents the Service's decision to select Alternative H, the Proposed Action (described below), which includes approval of the amended HCP, and issuance of an amended ITP authorizing incidental take of the marbled murrelet that is reasonably certain to occur with implementation of the amended HCP.

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the June sucker (Chasmistes liorus) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act), due to substantial improvements in the species' overall status since its original listing as endangered in 1986. This proposed action is based on a thorough review of the best scientific and commercial data available, which indicates that the June sucker no longer meets the definition of endangered under the Act. If this proposal is finalized, the June sucker would remain protected as a threatened species under the Act. We also propose a rule under section 4(d) of the Act that provides for the conservation of the June sucker. This document also constitutes our 5-year status review for this species.

We, the U.S. Fish and Wildlife Service (Service), propose to remove Bradshaw's lomatium (Bradshaw's lomatium, also known as Bradshaw's desert parsley), a plant found in western Oregon and southwestern Washington, from the Federal List of Endangered and Threatened Plants due to recovery. Our review of the best available scientific and commercial data indicates that the threats to Bradshaw's lomatium have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). We request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring plan for Bradshaw's lomatium.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (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 (Act), as amended, for the meltwater lednian stonefly (Lednia tumana) and the western glacier stonefly (Zapada glacier), both aquatic species from alpine streams and springs. Meltwater lednian stoneflies are found in Montana and Canada, and western glacier stoneflies are found in Montana and Wyoming. The effect of this regulation will be to add these species to the List of Endangered and Threatened Wildlife. We also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of these species. We have also determined that designation of critical habitat for these species is not prudent.

We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA) and foreign or native species for which the Service has jurisdiction under the Marine Mammal Protection Act (MMPA). With some exceptions, the ESA and the MMPA prohibit activities with listed species unless Federal authorization is issued that allows such activities. The ESA and MMPA also require that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA or MMPA with respect to any endangered species or marine mammals.

We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit for the federally endangered Smith's blue butterfly under the Endangered Species Act. DBO Development #30, LLC, submitted an application for a permit, which, if issued, would authorize take incidental to otherwise lawful activities associated with the South of Tioga Project draft habitat conservation plan. We invite public comments.

We, the U.S. Fish and Wildlife Service, have received an application for a permit to conduct activities intended to enhance the propagation or survival of an endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on this application. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Vulcan Industries, Florida Rock Division, doing business as Florida Rock Industries, Inc. (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink, blue-tailed mole skink, and eastern indigo snake and also the gopher tortoise, which is a candidate for Federal listing, incidental to land clearing and excavation of sand in Polk County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, both of which are also available for public review.

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

We, the U.S. Fish and Wildlife Service, announce a public meeting of the Hunting and Shooting Sports Conservation Council (Council), in accordance with the Federal Advisory Committee Act. The Council's purpose is to provide recommendations to the Federal Government, through the Secretary of the Interior and the Secretary of Agriculture, regarding policies and endeavors that benefit wildlife resources; encourage partnership among the public; sporting conservation organizations; and Federal, State, tribal, and territorial governments; and benefit recreational hunting and recreational shooting sports. The meeting is open to the public.

We, the U.S. Fish and Wildlife Service (Service), have received an incidental take permit application under the Endangered Species Act of 1973, as amended. The permit would authorize take of the federally threatened California tiger salamander, California red-legged frog, and western snowy plover, and the federally endangered Smith's blue butterfly, incidental to otherwise lawful activities associated with commercial, residential and recreational development, recreational use, and habitat management within portions of the former Fort Ord Army base in the draft habitat conservation plan (HCP). We invite public comment on the applicant's draft HCP and the draft environmental impact statement, which the Service prepared in response to the application for an incidental take permit.

The U.S. Fish and Wildlife Service (Service) is extending the public comment period for the draft environmental impact statement (DEIS) and habitat conservation plan (HCP) in support of incidental take permit (ITP) applications received from the Deschutes Basin Board of Control, on behalf of its eight member irrigation districts, and the City of Prineville (applicants). The applicants have submitted applications for ITPs to both the Service and the National Marine Fisheries Service for various species under each agency's jurisdiction. Also available for review is the Service's DEIS, which was prepared in response to the applications.

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

We, the Fish and Wildlife Service (Service), announce receipt of an application from Palmetto Lake Placid-Washington Blvd., LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink, blue-tailed mole skink, and Florida scrub-jay incidental to construction in Highlands County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, both of which are also available for public review.