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

Final Environmental Impact Statement for Amending the 1997 Washington State Trust Lands Habitat Conservation Plan To Include a Marbled Murrelet Long-Term Conservation Strategy
Document Number: 2019-20903
Type: Notice
Date: 2019-09-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), and the Washington State Department of Natural Resources (WDNR) have jointly developed a final environmental impact statement (FEIS), which analyzes the WDNR's proposal to amend the 1997 State Trust Lands Habitat Conservation Plan (HCP) to include a long-term conservation strategy (LTCS) for the federally listed marbled murrelet. This FEIS is intended to satisfy both the National Environmental Policy Act and the State Environmental Policy Act. The WDNR has requested an amendment to its existing incidental take permit (ITP) under section 10 of the Endangered Species Act. The proposed ITP amendment would allow the WDNR to implement a LTCS, and would replace the interim conservation strategy for the marbled murrelet, which is currently being implemented under the HCP. If approved, the LTCS is expected to be in place for the remainder of the ITP term, which is approximately 50 years.
Endangered and Threatened Wildlife and Plants; Regulations for Interagency Cooperation
Document Number: 2019-20936
Type: Rule
Date: 2019-09-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the ``Services'' or ``we''), are delaying the effective date of a rule we published on August 27, 2019.
Endangered and Threatened Species; Receipt of Recovery Permit Application
Document Number: 2019-20795
Type: Notice
Date: 2019-09-25
Agency: Fish and Wildlife Service, Department of the Interior
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 endangered and 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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion
Document Number: 2019-20729
Type: Notice
Date: 2019-09-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application from Creek Holdings, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Alabama beach mouse incidental to construction in Baldwin County, Alabama. 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.
Habitat Conservation Plan for the Yelm Pocket Gopher; Incidental Take Permit Application in Thurston County, Washington; Categorical Exclusion
Document Number: 2019-20544
Type: Notice
Date: 2019-09-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application from M-Gopher, LLC, for an incidental take permit (ITP) pursuant to the Endangered Species Act. The ITP would authorize ``take'' of the Yelm subspecies of the Mazama pocket gopher, incidental to otherwise lawful activities during construction of a single-family home in Thurston County, Washington. The application includes a habitat conservation plan (HCP) with measures to minimize and mitigate the impacts of the taking of the Yelm pocket gopher. We have also prepared a draft environmental action statement (EAS) that includes our preliminary determination that the ITP decision may be eligible for categorical exclusion under the National Environmental Policy Act. We provide this notice to open a public comment period and to invite comments from all interested parties regarding the above-referenced documents.
Records of Decision for the Final Programmatic Environmental Impact Statement for Four Wind Energy Project Habitat Conservation Plans in Hawaii
Document Number: 2019-20410
Type: Notice
Date: 2019-09-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of four separate records of decision (RODs) under the Endangered Species Actthree RODs for the proposed issuance of three permit amendments and one ROD for the proposed issuance of one new permit. We also make available each project's respective habitat conservation plan (HCP) amendment or HCP. The RODs document the Service's decision to issue incidental take permit (ITP) amendments to three applicantsKawailoa Wind, LLC; Auwahi Wind, LLC; and Kaheawa Wind Power II, LLCand a new ITP to Tawhiri Power, LLC.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2019-20243
Type: Notice
Date: 2019-09-19
Agency: Fish and Wildlife Service, Department of the Interior
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.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Federal Fish and Wildlife Permit Applications and Reports-Law Enforcement
Document Number: 2019-19911
Type: Notice
Date: 2019-09-16
Agency: Fish and Wildlife Service, Department of the Interior
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.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Non-Federal Oil and Gas Operations on National Wildlife Refuge System Lands
Document Number: 2019-19853
Type: Notice
Date: 2019-09-13
Agency: Fish and Wildlife Service, Department of the Interior
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; Removing the Foskett Speckled Dace From the List of Endangered and Threatened Wildlife
Document Number: 2019-19850
Type: Rule
Date: 2019-09-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing the Foskett speckled dace (Rhinichthys osculus ssp.), a fish native to Oregon, from the Federal List of Endangered and Threatened Wildlife on the basis of recovery. This determination is based on a review of the best available scientific and commercial information, which indicates that the threats to the Foskett speckled dace have been eliminated or reduced to the point where it no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973 (Act), as amended.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Approval Procedures for Nontoxic Shot and Shot Coatings
Document Number: 2019-19848
Type: Notice
Date: 2019-09-13
Agency: Fish and Wildlife Service, Department of the Interior
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.
Agency Information Collection Activities; National Wildlife Refuge Special Use Permit Applications and Reports
Document Number: 2019-19847
Type: Notice
Date: 2019-09-13
Agency: Fish and Wildlife Service, Department of the Interior
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 with revisions.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for Graham's Beardtongue (Penstemon grahamii) and White River Beardtongue (Penstemon scariosus var. albifluvis); Designation of Critical Habitat for Graham's Beardtongue and White River Beardtongue
Document Number: 2019-19768
Type: Proposed Rule
Date: 2019-09-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reopening the comment periods on our August 6, 2013, proposed rules to list Graham's beardtongue (Penstemon grahamii) and White River beardtongue (Penstemon scariosus var. albifluvis) as threatened species throughout their ranges and to designate critical habitat for these two plant species under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period for 30 days to give all interested parties further opportunity to comment on the proposed rules. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Scrub-Jay, Volusia County, FL; Categorical Exclusion
Document Number: 2019-19725
Type: Notice
Date: 2019-09-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from KBC Development (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed scrub-jay 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 public review.
2019-2020 Station-Specific Hunting and Sport Fishing Regulations
Document Number: 2019-18054
Type: Rule
Date: 2019-09-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), open seven National Wildlife Refuges (NWRs) that are currently closed to hunting and sport fishing. In addition, we expand hunting and sport fishing at 70 other NWRs, and add pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2019-2020 season. We also formally open 15 units of the National Fish Hatchery System to hunting and sport fishing. We also add pertinent station-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing at these 15 National Fish Hatcheries (NFHs) for the 2019-2020 season. This rule includes global administrative updates to every NWR entry in our refuge-specific regulations and the reorganization of general public use regulations. We remove approximately 2,100 regulations that will have no impact on the administration of hunting and sport fishing within the National Wildlife Refuge System. We also simplify over 2,900 refuge-specific regulations to comply with a Presidential mandate to adhere to plain language standards and to reduce the regulatory burden on the public. Lastly, we remove the provision concerning same-day airborne hunting of the regulations specific to Alaska NWRs.
Endangered and Threatened Wildlife and Plants; Reclassifying the American Burying Beetle From Endangered to Threatened on the Federal List of Endangered and Threatened Wildlife With a 4(d) Rule
Document Number: 2019-19245
Type: Proposed Rule
Date: 2019-09-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, recently published a proposed rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened and to adopt a rule under section 4(d) of the Endangered Species Act of 1973 (Act), as amended, to provide for the conservation of the species. We announced a 60-day public comment period on the proposed rule, ending July 2, 2019. We now reopen the public comment period on the proposed rule for 30 days, to allow all interested parties additional time to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We also announce a public informational meeting and public hearing on the proposed rule.
Notice of Availability of the Final Environmental Impact Statement for the Proposed Hycroft Mine Phase II Expansion Project, Humboldt and Pershing Counties, Nevada
Document Number: 2019-19389
Type: Notice
Date: 2019-09-06
Agency: Fish and Wildlife Service, Department of the Interior, Bureau of Land Management
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 Final Environmental Impact Statement (EIS) and by this notice are announcing the beginning of the availability of the Final EIS. The BLM is the lead agency in development of the Final EIS and has evaluated Hycroft Resource and Development, Inc.'s (HRDI's) request for the proposed expansion of their operations at the existing Hycroft Mine. The USFWS is a coordinating agency with the BLM on the development of this EIS and has evaluated the applicant's Eagle Conservation Plan (ECP), which describes HRDI's request to remove inactive (i.e., outside the nesting season) eagle nests and for a 30-year incidental take permit for golden eagles under the Bald and Golden Eagle Protection Act (Eagle Act).
Final Environmental Impact Statement for the Lower Colorado River Authority's Transmission Services Corporation's Habitat Conservation Plan in Texas
Document Number: 2019-19253
Type: Notice
Date: 2019-09-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, under the National Environmental Policy Act, make available the final environmental impact statement analyzing the impacts of issuance of an incidental take permit (ITP) for implementation of the Lower Colorado River Authority's Transmission Services Corporation's Habitat Conservation Plan (HCP). Our decision is to issue a 30-year ITP for implementation of the HCP, which authorizes incidental take of 22 listed and 1 unlisted species under the Endangered Species Act.
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Three Species
Document Number: 2019-19226
Type: Proposed Rule
Date: 2019-09-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on three petitions to add species to the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended (Act), or to revise the critical habitat designation for a listed species. Based on our review, we find that of the two petitions to add species to the list, one 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 Mojave poppy bee (Perdita meconis) to determine whether the petitioned action is warranted. To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding that species. Based on the status review, we will issue a 12-month petition finding, which will address whether or not the petitioned action is warranted, in accordance with the Act. We find that the second petition to add a species to the list 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 Yellowstone National Park bison (population of Bison bison bison) in response to the petition. We refer to this finding as a ``not substantial'' petition finding. Lastly, we find that the third petitiona petition to revise the critical habitat designation for the currently listed Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis)presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we announce that we plan to determine how we will proceed with the request to revise a critical habitat designation for the species.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Captive Wildlife Safety Act
Document Number: 2019-19173
Type: Notice
Date: 2019-09-05
Agency: Fish and Wildlife Service, Department of the Interior
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 Reviews of Seven Northeastern Species
Document Number: 2019-19056
Type: Notice
Date: 2019-09-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are initiating 5-year reviews under the Endangered Species Act, as amended (ESA), for seven northeastern species. A 5-year review is based on the best scientific and commercial data available at the time of the review. We are requesting submission of any such information that has become available since the previous 5-year review for each species.
Migratory Bird Permits; Regulations Concerning a Depredation Order
Document Number: 2019-18954
Type: Rule
Date: 2019-09-03
Agency: Fish and Wildlife Service, Department of the Interior
We are following up on a 2013 proposal to remove regulations that set forth a means for controlling damage caused by certain depredating scrub jays and Steller's jays. We had proposed to remove the regulations that set forth a depredation order for these species to protect nut crops in certain counties in Washington and Oregon. Our reason for the proposed removal of these regulations was that we believed they were no longer necessary. However, we now withdraw this proposal based on comments received, as well as reports of activities conducted under this depredation order. Instead of removing the regulations, we hereby make minor updates to them to ensure timely reporting of activities conducted under this depredation order.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the San Bernardino Kangaroo Rat, City of Highland, San Bernardino County, CA; Categorical Exclusion
Document Number: 2019-18908
Type: Notice
Date: 2019-09-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from the City of Highland (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally endangered San Bernardino kangaroo rat incidental to construction in San Bernardino County, California. 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, which is also available for review.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2019-18852
Type: Notice
Date: 2019-09-03
Agency: Fish and Wildlife Service, Department of the Interior
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.