Fish and Wildlife Service July 2019 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Wildlife and Plants; Reinstatement of ESA Listing for the Grizzly Bear in the Greater Yellowstone Ecosystem in Compliance With Court Order
We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that had the effect of reinstating the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the grizzly bear (Ursus arctos horribilis) in the Greater Yellowstone Ecosystem (GYE). Thus, this final rule is required to reflect the change effected by that order to the GYE grizzly bear population's status on the List of Endangered and Threatened Wildlife.
Proposed Amendment and Transfer of Enhancement of Survival Permits Developed in Accordance With the Template Safe Harbor Agreement for the Columbia Basin Pygmy Rabbit, Douglas and Grant Counties, Washington
We, the U.S. Fish and Wildlife Service (Service), announce the receipt of an application for an amendment of an enhancement of survival permit (permit) and an application for transferring a permit pursuant to the Endangered Species Act. The applications were developed in accordance with the Template Safe Harbor Agreement (Template SHA) for the Columbia Basin pygmy rabbit. The Washington Department of Natural Resources is requesting a permit amendment to add 3,628 acres of lands in Douglas and Grant Counties, Washington, to their site plan enrolled under the Template SHA. The proposed permit transfer was requested by Mr. Jim Myers following his purchase of 1,320 acres of land in Grant County, Washington, enrolled under the Template SHA. The amendment and transfer of these permits would authorize incidental take that is above the baseline conditions of the properties enrolled under the Template SHA and that may result from the permittees' otherwise lawful management activities. The Service requests comments from the public regarding the proposed amendment and transfer of these permits.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2019 Season
We, the U.S. Fish and Wildlife Service, are adopting as a final rule an interim rule that went into effect on April 2, 2019, and established migratory bird subsistence harvest regulations in Alaska for the 2019 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule without change.
Endangered and Threatened Species; Receipt of an Incidental Take Permit Application and Low-Effect Habitat Conservation Plan for the Desert Tortoise; High Desert Solar Project, San Bernardino County, California; Correction
On July 22, 2019, we, the U.S. Fish and Wildlife Service, announced via a Federal Register notice the availability for public comment of a low-effect habitat conservation plan (HCP) for the desert tortoise in San Bernardino County, California. Our Federal Register notice inadvertently did not give the correct contact name and phone number and incorrectly identified the HCP as the High Desert Power Project. The correct name is the High Desert Solar Project. In this notice, we correct those errors. We also wish to provide an additional source for the public to use to access the documents. Finally, while the original end date for the comment period was August 21, 2019, we are extending the comment period to August 26, 2019, because of the errors in our original notice.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Declaration for Importation or Exportation of Fish or Wildlife
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.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of 58 Species in California, Nevada, and the Klamath Basin of Oregon
We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews of 58 species in California, Nevada, and the Klamath Basin of Oregon under the Endangered Species Act. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any new information on these species that has become available since the last review.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of 36 Species in Arizona, New Mexico, Texas, Utah, and Mexico
We, the U.S. Fish and Wildlife Service, are conducting 5-year status reviews under the Endangered Species Act of 36 animal and plant species. 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 for the species.
Endangered and Threatened Species; Receipt of an Incidental Take Permit Application and Low-Effect Habitat Conservation Plan for the Desert Tortoise; High Desert Power Project, San Bernardino County, California
We, the U.S. Fish and Wildlife Service, have received an application for an incidental permit to take federally listed fish or wildlife species. We invite comments on this application, which we will take into consideration before issuing an incidental take permit.
Endangered and Threatened Species; Receipt of Recovery Permit Application
We, the U.S. Fish and Wildlife Service, have received an application for an amendment to a current permit to conduct activities intended to enhance the propagation or survival of endangered or threatened 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.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. 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.
Endangered and Threatened Species; Receipt of Recovery Permit Application
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.
Incidental Take Permit Application To Participate in the Douglas County Multiple Species General Conservation Plan, Douglas County, Washington
We, the U.S. Fish and Wildlife Service (Service), have received an application from Davis and Davis Farms (applicant) for an Endangered Species Act (ESA) incidental take permit (ITP) in association with the Douglas County Multiple Species General Conservation Plan (GCP). The applicant agrees to implement conservation measures consistent with the GCP that will minimize and mitigate the impacts of the taking on the Columbia Basin distinct population segment of the pygmy rabbit, the greater sage-grouse, the Washington ground squirrel, and the Columbian sharp-tailed grouse. Covered activities include dryland farming of wheat and horse grazing on the Davis and Davis farm in Douglas County, Washington. We invite the public to review and comment on the permit application and associated documents.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Short's Bladderpod
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft recovery plan for the endangered Short's bladderpod. The draft recovery plan includes specific recovery objectives and criteria that must be met in order for us to recover and ultimately delist the species under the Endangered Species Act of 1973, as amended. We request review and comment on this draft recovery plan from local, State, and Federal agencies and the public.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Implementing Regulations for Petitions
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.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorizations for Northern Sea Otters in Southeast Alaska
We, the U.S. Fish and Wildlife Service, have received two requests, one from the City and Borough of Sitka (CBS) and one from Duck Point Development II, LLC (DPD), for authorization to take small numbers of the southeast Alaska stock of northern sea otters incidental to pile driving in Sitka Sound and Port Frederick, Alaska, between April 1, 2019, and September 30, 2019. However, due to the time needed to process the request, we evaluated the estimated take of northern sea otters during project activities between July 22, 2019, and December 31, 2019. We estimate there may be up to 12 nonlethal, incidental takes by harassment of 4 northern sea otters for the CBS project, and up to 1,380 nonlethal, incidental takes by harassment of 220 northern sea otters for the DPD project. In accordance with provisions of the Marine Mammal Protection Act of 1972, we request comments on our proposed authorizations, which, if finalized, will be for take by Level B harassment only. We anticipate no take by injury or death and include none in these proposed authorizations.
Incidental Take Permit Application To Participate in American Burying Beetle Amended Oil and Gas Industry Conservation Plan in Oklahoma
Under the Endangered Species Act, we, the U.S. Fish and Wildlife Service, invite the public to comment on a federally listed American burying beetle incidental take permit (ITP) application. The applicant anticipates American burying beetle take as a result of impacts to Oklahoma habitat the species uses for breeding, feeding, and sheltering. The take would be incidental to the applicant's activities associated with oil and gas well field and pipeline infrastructure (gathering, transmission, and distribution), including geophysical exploration (seismic), construction, maintenance, operation, repair, decommissioning, and reclamation. If approved, the permit would be issued under the approved American Burying Beetle Amended Oil and Gas Industry Conservation Plan (ICP) Endangered Species Act Section 10(a)(1)(B) Permit Issuance in Oklahoma.
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2019-20 Season
The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2019-20 migratory bird hunting season.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. 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.
Proposed Site Plans Under a Candidate Conservation Agreement With Assurances for the Fisher in Oregon; Enhancement of Survival Permit Applications
We, the U.S. Fish and Wildlife Service (Service), have received five enhancement of survival permit (permit) applications pursuant to the Endangered Species Act (ESA) that we are processing as a batch. If granted, the requested permits would authorize the incidental take of the fisher, should the species become federally listed in the future under the ESA. The permit applications are associated with a template candidate conservation agreement with assurances (CCAA) previously developed for the conservation of the fisher. The conservation measures in the CCAA are intended to provide for a net conservation benefit to the fisher. We also have prepared individual draft environment action statements (EASs) pursuant to the requirements of the National Environmental Policy Act of 1969 (NEPA) for the potential issuance of each of these permits. We are making the permit application packages and draft EASs available for public review and comment.
Endangered and Threatened Species; Proposed Low-Effect Habitat Conservation Plan for the Desert Tortoise, Nye County, NV
We, the U.S. Fish and Wildlife Service, have received an application from Canyon Mesa Solar, LLC for an incidental take permit under the Endangered Species Act. The requested permit would authorize take of the Mojave desert tortoise resulting from the construction, operation, and maintenance of a solar photovoltaic facility in Pahrump, Nevada. The permit application includes a proposed low-effect habitat conservation plan (HCP). In accordance with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft low- effect screening form supporting our preliminary determination that the proposed action qualifies as a categorical exclusion under NEPA. We are accepting comments on the permit application, proposed low-effect HCP, and draft NEPA compliance documentation.
Endangered and Threatened Species; Issuance of Enhancement of Survival and Incidental Take Permits for Safe Harbor Agreements, Candidate Conservation Agreements, and Habitat Conservation Plans, 2018; Issuance of Recovery Permits, July 1, 2017, Through December 31, 2018
We, the U.S. Fish and Wildlife Service, in accordance with the Endangered Species Act (ESA), provided a list to the public of certain permits issued under the ESA. With some exceptions, the ESA prohibits take of listed species unless a Federal permit is issued that authorizes or exempts the taking under the ESA. In a recent Federal Register notice announcing these permit issuances, we inadvertently made some errors, which we correct via this notice. We regret any inconvenience to the public.
Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act; Religious Use of Feathers; Extension of Comment Period
In 2018, the U.S. Fish and Wildlife Service (Service) received a petition for rulemaking, which asks the Service to revise the existing rules pertaining to the religious use of federally protected bird feathers. The Service published the petition in the Federal Register for public comment pursuant to the terms of a settlement agreement entered into in 2016 by the United States with McAllen Grace Brethren Church et al. Today's action extends the comment period for 15 days.
Foreign Endangered Species; Receipt of Permit Applications
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.
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