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

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the spring pygmy sunfish (Elassoma alabamae) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 10.9 kilometers (6.7 miles) of streams and 1,330 acres (538 hectares) in Limestone and Madison Counties, Alabama, fall within the boundaries of the critical habitat designation.

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 any of 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 a 12-month finding on a petition to list two North Carolina species, the Neuse River waterdog (Necturus lewisi) and the Carolina madtom (Noturus furiosus), as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). The Neuse River waterdog is an aquatic salamander. The Carolina madtom is a freshwater fish. After review of the best available scientific and commercial information, we find that listing both species is warranted. Accordingly, we propose to list the Neuse River waterdog as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule'') and the Carolina madtom as an endangered species under the Act. If we finalize this rule as proposed, it would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to both species. We also propose to designate critical habitat for both species under the Act. In total, approximately 738 river miles (1,188 river kilometers) in 16 units in North Carolina fall within the boundaries of the proposed critical habitat designation for the Neuse River waterdog. Approximately 257 river miles (414 river kilometers) in 7 units in North Carolina are being proposed as critical habitat for the Carolina madtom. Finally, we announce the availability of a draft economic analysis of the proposed critical habitat designations.

In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) Black Rock Field Office, Winnemucca, Nevada and the U.S. Fish and Wildlife Service (USFWS) have prepared a joint Draft Environmental Impact Statement (EIS) and by this notice are announcing the beginning of the public comment period to solicit public comments on the Draft EIS. The BLM is the lead agency in development of the Draft EIS and will be evaluating Hycroft Resource and Development, Inc.'s (HRDI's) request for the proposed expansion of their gold and silver mining operations at the existing Hycroft Mine. The USFWS is a coordinating agency with the BLM on the development of this Draft EIS and will evaluate the applicant's Eagle Conservation Plan (ECP), which describes their request to remove inactive (i.e., outside the nesting season) eagle nests and a 30-year incidental take permit for golden eagles under the Bald and Golden Eagle Protection Act (Eagle Act).

We, the Fish and Wildlife Service (Service), announce receipt of an application from Orange County Utilities (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink incidental to construction in Orange 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.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Duke Energy Florida, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed scrub-jay and eastern indigo snake incidental to construction in Volusia 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 review.

We, the U.S. Fish and Wildlife Service (Service), are announcing a new deadline for submittal of public comments on draft documents prepared in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The Service received an application from the City of Tumwater Public Works Department for an incidental take permit pursuant to the ESA. The applicant has requested a permit that would authorize ``take'' of the threatened Olympia pocket gopher incidental to construction of safety and infrastructure improvements in Thurston County, Washington. The application includes a HCP that describes the actions the applicant will take to minimize and mitigate the impacts of the taking on the covered species. A Federal Register notice of availability for the HCP and the draft environmental assessment (EA) addressing the HCP was published on December 26, 2018. As a result of the U.S. government partial lapse in appropriations, the website cited in the notice was not updated during the entire comment period. In response, we are allowing additional time for public input on these draft documents. If you submitted a comment already, you need not resubmit it.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final environmental impact statement (FEIS) under the National Environmental Policy Act. We also announce the availability of the final habitat conservation plan (HCP). These documents were prepared in support of a permit application submitted to us under the Endangered Species Act. We will use these documents to inform our decision regarding issuance of the permit.

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.

Sierra Pacific Industries of Anderson, California (applicant), has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit under the Endangered Species Act (ESA). We advise the public of the availability of a proposed habitat conservation plan (HCP), which covers the northern spotted owl and California spotted owl, and the draft environmental impact statement (DEIS), for public review and comment. The HCP covers forest management, species management, and monitoring activities on commercial timberland in Amador, Butte, Calaveras, El Dorado, Humboldt, Lassen, Modoc, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tuolumne, and Yuba Counties, California.