Fish and Wildlife Service December 2019 – Federal Register Recent Federal Regulation Documents
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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.
Draft Environmental Assessment and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Blue Creek Wind Farm, Van Wert and Paulding Counties, Ohio
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.
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 Upper Santa Ana River Habitat Conservation Plan and Draft Environmental Impact Statement; San Bernardino County, CA; Correction
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.
Foreign Endangered Species; Marine Mammals; Receipt of Permit Applications
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 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 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.
Migratory Birds; Double-Crested Cormorant Increased Take Limits for Depredation Permits in the Central and Eastern United States
In November 2017, the U.S. Fish and Wildlife Service, working in collaboration with the U.S. Department of Agriculture's Wildlife Services, completed an environmental assessment (EA) and finding of no significant impact for the issuance of depredation permits for double- crested cormorants. The scope of the EA covered issuance of depredation permits for the purposes of health and human safety, aquaculture, property damage, and concern for co-nesting threatened or endangered species. This notice is to inform the public that, based on an adaptive management approach, we have reviewed recent data and are moving from the preferred alternative to the proposed action of using a higher annual take threshold, as prescribed in the 2017 EA.
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Two Species
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.
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 Wildlife and Plants; Five Species Not Warranted for Listing as Endangered or Threatened Species
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.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for West Coast Distinct Population Segment of Fisher With Section 4(d) Rule
We, the U.S. Fish and Wildlife Service (Service), recently published a document proposing 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) and proposing a rule issued under section 4(d) of the Act for this DPS. We announced the opening of a 30-day public comment period on the revised proposed rule, ending December 9, 2019. We now reopen the public comment period for an additional 15 days, to allow all interested parties more time to comment on the revised proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final determination.
Endangered and Threatened Wildlife and Plants; Reclassifying the Hawaiian Goose From Endangered to Threatened With a Section 4(d) Rule
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.
National Bison Range, MT; Availability of the Final Record of Decision for the Final Comprehensive Conservation Plan and Final Environmental Impact Statement
We, the U.S. Fish and Wildlife Service, announce the availability of the final record of decision for the final comprehensive conservation plan and final environmental impact statement for the National Bison Range in Montana.
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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for Indiana Bat (Myotis Sodalis) and Northern Long-Eared Bat (Myotis Septentrionalis) at the Copenhagen Wind Farm, Jefferson and Lewis Counties, New York; and Draft Environmental Assessment
We, the U.S. Fish and Wildlife Service (Service), announce the receipt of an application from Copenhagen Wind Farm, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act (ESA). The applicant requests the ITP for take of the federally endangered Indiana bat and threatened northern long-eared bat incidental to otherwise lawful activities associated with operation of its Copenhagen Wind Farm, a 40-turbine wind farm that has been constructed in Jefferson and Lewis Counties, New York. The applicant proposes a conservation program to minimize and mitigate for the unavoidable incidental take as described in its Indiana Bat and Northern Long-eared Bat Habitat Conservation Plan for the Copenhagen Wind Farm, Lewis and Jefferson Counties, New York (HCP). We request public comment on the application, which includes the applicant's proposed HCP, and the Service's draft environmental assessment, prepared pursuant to the National Environmental Policy Act. We provide this notice to seek comments from the public and Federal, Tribal, State, and local governments.
Proposed Upper Santa Ana River Habitat Conservation Plan and Draft Environmental Impact Statement; San Bernardino County, CA
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.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Beardless Chinchweed With Designation of Critical Habitat, and Threatened Species Status for Bartram's Stonecrop With Section 4(d) Rule
We, the U.S. Fish and Wildlife Service (Service), propose to list Pectis imberbis (beardless chinchweed), a plant species from southern Arizona and northern Mexico, as an endangered species and to designate critical habitat for Beardless chinchweed under the Endangered Species Act of 1973 (Act), as amended. In total, we propose to designate approximately 10,604 acres (4,291 hectares) in southern Arizona as critical habitat for this plant. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for beardless chinchweed. In addition, we propose to list Graptopetalum bartramii (Bartram's stonecrop), a plant species from southern Arizona and northern Mexico, as a threatened species under the Act and to issue a rule under section 4(d) of the Act to provide for the conservation of Bartram's stonecrop. We are not proposing to designate critical habitat for Bartram's stonecrop because we find that a designation is not prudent. If we make this rule final as proposed, it would extend the Act's protections to both of these species and to beardless chinchweed's critical habitat.
Notice of Intent To Prepare an Environmental Impact Statement To Consider a Highway Right-of-Way With Associated Issuance of an Incidental Take Permit, and Resource Management Plan Amendments, Washington County, UT
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.
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 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; Marine Mammal Marking, Tagging, and Reporting Certificates, and Registration of Certain Dead Marine Mammal Hard Parts
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.
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