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

Incidental Take Permit Application To Participate in American Burying Beetle Amended Oil and Gas Industry Conservation Plan in Oklahoma
Document Number: 2019-25907
Type: Notice
Date: 2019-11-29
Agency: Fish and Wildlife Service, Department of the Interior
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 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.
Record of Decision for the 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: 2019-25905
Type: Notice
Date: 2019-11-29
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Suwannee Moccasinshell
Document Number: 2019-25598
Type: Proposed Rule
Date: 2019-11-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Suwannee moccasinshell (Medionidus walkeri) under the Endangered Species Act (Act). The Suwannee moccasinshell is a freshwater mussel species from the Suwannee River Basin in Florida and Georgia. In total, approximately 306 kilometers (190 miles) of stream channels in Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee, and Union Counties, Florida, and Brooks and Lowndes Counties, Georgia, fall within the boundaries of the proposed critical habitat designation. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat. The effect of this regulation is to designate critical habitat for the Suwannee moccasinshell under the Act. We also announce the availability of a draft economic analysis of the proposed designation.
Endangered and Threatened Wildlife and Plants; Reclassification of the Endangered June Sucker to Threatened With a Section 4(d) Rule
Document Number: 2019-25549
Type: Proposed Rule
Date: 2019-11-26
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; Removal of the Nashville Crayfish From the Federal List of Endangered and Threatened Wildlife
Document Number: 2019-25548
Type: Proposed Rule
Date: 2019-11-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to remove the Nashville crayfish (Orconectes shoupi), a relatively large crayfish native to the Mill Creek watershed in Davidson and Williamson Counties, Tennessee, from the Federal List of Endangered and Threatened Wildlife (List). This determination is based on the best available scientific and commercial data, which indicate that the threats to the species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of an endangered or a threatened species under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft post-delisting monitoring (PDM) plan for the Nashville crayfish. We seek information, data, and comments from the public regarding this proposal to remove the Nashville crayfish from the List (i.e., ``delist'' the species) and regarding the draft PDM plan.
Endangered and Threatened Wildlife and Plants; Removing Bradshaw's Lomatium (Bradshaw's lomatium) From the Federal List of Endangered and Threatened Plants
Document Number: 2019-25545
Type: Proposed Rule
Date: 2019-11-26
Agency: Fish and Wildlife Service, Department of the Interior
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.
Agency Information Collection Activities; Alaska Native Handicrafts
Document Number: 2019-25447
Type: Notice
Date: 2019-11-25
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; Submission to the Office of Management and Budget for Review and Approval; Electronic Federal Duck Stamp Program
Document Number: 2019-25366
Type: Notice
Date: 2019-11-22
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 with revisions.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of the Short-Tailed Albatross (Phoebastria albatrus) and the Southwest Alaska Distinct Population Segment of the Northern Sea Otter (Enhydra lutris kenyoni)
Document Number: 2019-25227
Type: Notice
Date: 2019-11-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service are initiating 5-year status reviews of the short-tailed albatross and the Southwest Alaska distinct population segment of the northern sea otter under the Endangered Species Act. A 5-year status review is based on the best scientific and commercial data available at the time of the review. We are requesting submission of any new information on these species that has become available since the last reviews of these species.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for Meltwater Lednian Stonefly and Western Glacier Stonefly With a Section 4(d) Rule
Document Number: 2019-25195
Type: Rule
Date: 2019-11-21
Agency: Fish and Wildlife Service, Department of the Interior
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.
Foreign Endangered Species; Wild Bird Conservation Act; Receipt of Permit Applications
Document Number: 2019-25156
Type: Notice
Date: 2019-11-20
Agency: Fish and Wildlife Service, Department of the Interior
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 also invite comment on an application for approval to conduct certain activities with a foreign bird species covered under the Wild Bird Conservation Act.
Foreign Endangered Species; Marine Mammals; Receipt of Permit Applications
Document Number: 2019-25082
Type: Notice
Date: 2019-11-20
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Species; Receipt of Recovery Permit Application
Document Number: 2019-24939
Type: Notice
Date: 2019-11-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, received an application for a 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.
Habitat Conservation Plan for the Smith's Blue Butterfly, Monterey Spineflower, and Monterey Gilia; Categorical Exclusion for the South of Tioga Project; Monterey County, California
Document Number: 2019-24536
Type: Notice
Date: 2019-11-12
Agency: Fish and Wildlife Service, Department of the Interior
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.
General Provisions; Revised List of Migratory Birds
Document Number: 2019-22978
Type: Proposed Rule
Date: 2019-11-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose additions to the November 28, 2018, proposed rule to update the List of Migratory Birds protected by the Migratory Bird Treaty Act (MBTA). The proposed revisions in this document consist of further updates to taxonomy and distribution published in 2019. The net increase of 8 additional species (10 added and 2 removed) to the November 28, 2018, proposed rule would bring the total number of species protected by the MBTA to 1,093. We request public comments on the revisions described in this document, as well as on our November 28, 2018, proposed rule. If you previously submitted comments on our November 28, 2018, proposed rule, please do not resubmit them, as we will fully consider those comments when preparing our final rule.
Endangered and Threatened Species; Receipt of Recovery Permit Application
Document Number: 2019-24387
Type: Notice
Date: 2019-11-08
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 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.
Endangered and Threatened Wildlife and Plants; 12-Month Finding for the California Spotted Owl
Document Number: 2019-24336
Type: Proposed Rule
Date: 2019-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on petitions to list the California spotted owl (Strix occidentalis occidentalis) as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the California spotted owl. However, we ask the public to submit to us at any time any new information relevant to the status of the subspecies or its habitat.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Blue-Tailed Mole Skink, Eastern Indigo Snake, and Gopher Tortoise; Polk County, FL; Categorical Exclusion
Document Number: 2019-24341
Type: Notice
Date: 2019-11-07
Agency: Fish and Wildlife Service, Department of the Interior
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.
Agency Information Collection Activities; Eagle Take Permits and Fees
Document Number: 2019-24300
Type: Notice
Date: 2019-11-07
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 reinstate a previously approved information collection with revisions.
Agency Information Collection Activities; Incidental Take of Marine Mammals During Specified Activities
Document Number: 2019-24298
Type: Notice
Date: 2019-11-07
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.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for West Coast Distinct Population Segment of Fisher With Section 4(d) Rule
Document Number: 2019-23737
Type: Proposed Rule
Date: 2019-11-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), notify the public that we are making changes to our October 7, 2014, proposed rule to list the West Coast Distinct Population Segment (DPS) of fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (Act). Based on new information since 2014 and a reconsideration of the best available information in our files (including all comments received to date), we are revising the proposed rule to list the DPS as a threatened species under the Act. We also propose a concurrent rule under section 4(d) of the Act for this DPS. We are reopening the comment period to allow comments on the new information presented in this document relevant to the changes and proposed 4(d) rule described below. If we finalize this listing rule as proposed, it would extend the Act's protections to this DPS and, accordingly, add this DPS to the List of Endangered and Threatened Wildlife.
Hunting and Shooting Sports Conservation Council; Public Meeting
Document Number: 2019-24147
Type: Notice
Date: 2019-11-05
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; Removing Oenothera coloradensis (Colorado Butterfly Plant) From the Federal List of Endangered and Threatened Plants
Document Number: 2019-24124
Type: Rule
Date: 2019-11-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), remove the Colorado butterfly plant (Oenothera coloradensis, currently listed as Gaura neomexicana ssp. coloradensis) from the Federal List of Endangered and Threatened Plants (List) due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that the threats to the Colorado butterfly plant have been eliminated or reduced to the point that it has recovered, and that this plant is no longer likely to become endangered in the foreseeable future and, therefore, no longer meets the definition of a threatened species under the Endangered Species Act of 1973, as amended (Act). This final rule also removes the currently designated critical habitat for the Colorado butterfly plant.
Draft Habitat Conservation Plan for Eight Species; Draft Environmental Impact Statement for the Habitat Conservation Plan for Fort Ord, Monterey County, California
Document Number: 2019-23972
Type: Notice
Date: 2019-11-01
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for the Gunnison Sage-Grouse
Document Number: 2019-23894
Type: Notice
Date: 2019-11-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a draft recovery plan for Gunnison sage-grouse, a bird species listed as threatened under the Endangered Species Act. We are requesting review and comment from the public on this draft plan. The draft recovery plan includes objective, measurable criteria, and site- specific management actions as may be necessary to remove the species from the Federal List of Endangered and Threatened Wildlife.
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