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

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.

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.

We, the U.S. Fish and Wildlife Service (Service), make available the draft Environmental Impact Statement (dEIS) and Habitat Conservation Plan (HCP) covering activities within 241 counties in Texas (permit area). The Lower Colorado River Authority's Transmission Services Corporation (LCRA TSC; applicant) has applied to the Service for an incidental take permit (ITP) under the Endangered Species Act. The requested ITP would authorize incidental take of 22 federally threatened or endangered species and 1 non-listed species that could result from activities associated with otherwise lawful activities, including construction, operation, upgrade, decommissioning, and maintenance of existing and future LCRA TSC electric transmission facilities.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on four 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 petitions to list the Arizona eryngo (Eryngium sparganophyllum) and giraffe (Giraffa camelopardalis) 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 reviews of the statuses of those species to determine if the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding those species. Based on the status reviews, we will issue 12-month findings on the petitions, which will address whether or not the petitioned actions are warranted, in accordance with the Act. We also find that petitions to list the Refugio manzanita (Arctostaphylos refugioensis) and San Gabriel chestnut snail (Glyptostoma gabrielense) do not present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, we are not initiating status reviews of these species in response to the petitions. We refer to these findings as ``not substantial'' petition findings.

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, the U.S. Fish and Wildlife Service (Service), announce the availability of a habitat conservation plan (HCP) and three amendments to existing HCPs in support of requests for new or amended incidental take permits (ITPs) under the Endangered Species Act authorizing the take of endangered species from four similar wind energy projects. The proposed permit actions involve a new HCP for the Pakini Nui Wind Farm on the Island of Hawai`i and major amendments to three existing HCPs for the Auwahi Wind and Kaheawa Wind Power II projects, both located on Maui, and the Kawailoa Wind project on O`ahu. All four wind energy facilities are already constructed and in operation. The proposed new ITP and ITP amendments would address take of one or more of the following three endangered species: The Hawaiian hoary bat, Hawaiian goose, and the Hawaiian petrel. Also available for review is the Service's draft programmatic environmental impact statement (PEIS), which was prepared in response to these four applications. We are seeking public comments on the draft HCP and draft HCP amendments, and the draft PEIS.

In accordance with the Marine Mammal Protection Act of 1972, as amended, we, the U.S. Fish and Wildlife Service, have revised our stock assessment report for the northern sea otter stock in the State of Washington. We now make the final revised stock assessment report available to the public.

The Aquatic Nuisance Species (ANS) Task Force will hold a public meeting in accordance with the Federal Advisory Committee Act. The ANS Task Force's purpose is to develop and implement a program for U.S. waters to prevent introduction and dispersal of aquatic invasive species; to monitor, control, and study such species; and to disseminate related information.

We, the Fish and Wildlife Service, have received an application for an incidental take permit (ITP) under the Endangered Species Act. Sunterra Communities, LLC (applicant) is requesting a 5- year ITP for take of the federally listed sand skink incidental to construction. We request public comment on the application, which includes the proposed habitat conservation plan, as well as on our preliminary determination that the plan qualifies as ``low-effect'' under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, which are also available for review.

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.

The U.S. Fish and Wildlife Service (Service or we) is issuing this final rule, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and Office of Management and Budget (OMB) guidance, to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of Service-administered statutes and their implementing regulations. We are required to adjust civil monetary penalties annually for inflation according to a formula specified in the Inflation Adjustment Act. This rule replaces the previously issued amounts with the updated amounts after using the 2019 inflation adjustment multiplier provided in the OMB guidance.

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.

We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews of 6 species under the Endangered Species Act of 1973, as amended. 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 new information on these species that has become available since the last review of the species.

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.

We, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NOAA-NMFS), are initiating a 5-year status review for the Gulf subspecies of the Atlantic sturgeon under the Endangered Species Act. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review. We are requesting submission of information that has become available since the last review of this subspecies.

In accordance with the Marine Mammal Protection Act of 1972, as amended, the U.S. Fish and Wildlife Service has issued Letters of Authorization (LOA) for the nonlethal take of polar bears and Pacific walruses incidental to oil and gas industry exploration, development, and production activities in the Beaufort Sea and the adjacent northern coast of Alaska. This notice announces a list of the LOAs that were issued just prior to and during 2018. The LOAs stipulate conditions and methods that minimize impacts to polar bears and Pacific walruses from these activities. No LOAs were requested or issued in 2018 for the nonlethal take of polar bears and Pacific walruses incidental to oil and gas industry exploration activities in the Chukchi Sea and adjacent western coast of Alaska.

On March 18, 2019, we, the U.S. Fish and Wildlife Service, announced via a Federal Register notice the availability of a draft environmental assessment (dEA) and habitat conservation plan (HCP) for development in Bexar County, Texas. Under the Endangered Species Act, the Davis McCrary Property Trust applied for an incidental take permit (ITP) that would authorize incidental take of the golden-cheeked warbler. Our Federal Register notice inadvertently did not give the correct permit number and did not specifically state how the public can submit comments. In this notice, we correct those errors.

The Secretary of the Interior seeks nominations for individuals to be considered to fill one vacancy to serve as a member of the Neotropical Migratory Bird Conservation Act Advisory Group. The Advisory Group operates under statutory procedures established in the Neotropical Migratory Bird Conservation Act, which promotes long-term conservation of neotropical migratory birds and their habitats.

We, the U.S. Fish and Wildlife Service (Service), are amending the List of Endangered and Threatened Wildlife (List) by adding 16 species (gulf grouper, island grouper, common guitarfish, blackchin guitarfish, daggernose shark, Brazilian guitarfish, striped smoothhound shark, spiny angelshark, Argentine angelshark, narrownose smoothhound shark, Maui dolphin, Hector's dolphin, giant manta ray, oceanic whitetip shark, Taiwanese humpback dolphin, and chambered nautilus) and by removing one species (Puget Sound-Georgia Basin distinct population segment (DPS) of canary rockfish). We are also updating the entries for the following six species by adding critical habitat designation citations: Gulf of Maine DPS of Atlantic sturgeon, New York Bight DPS of Atlantic sturgeon, Chesapeake Bay DPS of Atlantic sturgeon, South Atlantic DPS of Atlantic sturgeon, Carolina DPS of Atlantic sturgeon, and Main Hawaiian Islands Insular DPS of false killer whale. Lastly, we are updating the genus name for the Saimaa subspecies of ringed seal. The above amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species. We are also adding nonsubstantive corrections to entries for 10 other species on the List: Three foreign coral species, dusky sea snake, Banggai cardinalfish, the Tanzanian DPS of African coelacanth, Nassau grouper, and three angelshark species. We added these 10 species to the List in 2016, but the entries did not include the Federal Register citations for the final listing rule, as is our standard practice when we add new entries to the List. The changes being made via this rule simply provide information that may be helpful to members of the public who are interested in tracking the regulatory history of these species.

We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to establish a nonessential experimental population (NEP) of the California condor (Gymnogyps californianus) in the Pacific Northwest, under section 10(j) of the Endangered Species Act of 1973, as amended (Act). Establishment of this NEP will facilitate reintroduction of California condors to the region and provide for allowable legal incidental taking of the California condor within a defined NEP area. The geographic boundaries of the NEP would include northern California, northwest Nevada, and Oregon. The best available data indicate that reintroduction of the California condor into the Pacific Northwest is biologically feasible and will promote the conservation of the species. We are seeking comments on this proposal and on our joint FWS-National Park Service environmental assessment (EA), prepared pursuant to the National Environmental Policy Act of 1969, as amended, which analyzes the potential environmental impacts associated with the proposed reintroduction and designation of a nonessential experimental population.

We, the U.S. Fish and Wildlife Service (Service), announce 12- month findings on petitions to list eight species as 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 Arkansas mudalia, ashy darter, Barrens darter, Chihuahua scurfpea, coldwater crayfish, Eleven Point River crayfish, Spring River crayfish, and red-crowned parrot. However, we ask the public to submit to us at any time any new information that becomes available relevant to the status of any of the species mentioned above or their habitats.

The U.S. Fish and Wildlife Service (Service or we) is establishing 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. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. The proposed rule for the 2019 season was delayed, requiring this interim rule to allow subsistence hunting to begin in April. We will respond to public comments, and based on public comments received, may revise this interim rule.

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.

We, the U.S. Fish and Wildlife Service, in response to a request from Hilcorp Alaska, LLC, Harvest Alaska, LLC, and the Alaska Gasline Development Corporation, propose to issue regulations authorizing the nonlethal, incidental take by harassment of small numbers of northern sea otters in State and Federal waters (Alaska and the Outer Continental Shelf) within Cook Inlet, Alaska, as well as all adjacent rivers, estuaries, and coastal lands. Take may result from oil and gas exploration, development, production, and transportation activities occurring for a period of 5 years. This proposed rule would authorize take by harassment only; no lethal take would be authorized. If this rule is finalized, we will issue Letters of Authorization, upon request, for specific proposed activities in accordance with the regulations. We intend that any final action resulting from this proposed rule will be as accurate and as effective as possible. Therefore, we request comments on these proposed regulations. We have also submitted a request for revision of existing Information Collection 1018-0070 to the Office of Management and Budget for approval.

We, the U.S. Fish and Wildlife Service (Service), make available the draft environmental assessment and habitat conservation plan for development of a 724-acre property in Bexar County, Texas. The Davis McCrary Property Trust has applied to the Service for an incidental take permit (ITP) under the Endangered Species Act. The requested ITP would authorize incidental take of the federally endangered golden-cheeked warbler that could result from activities associated with otherwise lawful activities, including commercial and residential development on the property as a result of vegetation clearing, earth-moving activities, and construction of structures.

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.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection.

We, the U.S. Fish and Wildlife Service, announce the availability of an amended environmental assessment, under the National Environmental Policy Act, that evaluates the impacts of a 5-year extension of the Oil and Gas Industry Conservation Plan (ICP) for incidental take of the federally listed American burying beetle resulting from oil and gas industry activities. The ICP Planning Area consists of 45 counties in Oklahoma. Individual oil and gas companies would continue to apply for Endangered Species Act permits for incidental take and agree to comply with the terms and conditions of the ICP.

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.

The United States, as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), will attend the eighteenth regular meeting of the Conference of the Parties to CITES (CoP18) in Colombo, Sri Lanka, May 23 to June 3, 2019. Currently, the United States is developing its negotiating positions on proposed resolutions, decisions, and amendments to the CITES Appendices (species proposals), as well as other agenda items that have been submitted by other Parties, the permanent CITES committees, and the CITES Secretariat for consideration at CoP18. With this notice we announce the provisional agenda for CoP18, solicit your comments on the items on the provisional agenda, and announce a public meeting to discuss the items on the provisional agenda.

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.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to revise an information collection.

We, the U.S. Fish and Wildlife Service (Service), determine the northern subspecies of scarlet macaw (Ara macao cyanoptera) is an endangered species under the Endangered Species Act of 1973 (Act), as amended; the northern distinct population segment (DPS) of the southern subspecies of scarlet macaw (A. m. macao) is a threatened species under the Act, and the southern DPS of the southern subspecies of scarlet macaw (A. m. macao) and subspecies crosses (A. m. cyanoptera and A. m. macao) to be threatened species based on similarity of appearance. We are also establishing a rule pursuant to section 4(d) of the Act for the A. m. macao subspecies and subspecies crosses to provide for its further conservation.

This notice advises the public that Jennifer and Jonathan Eden and RPH Comptche Property LLC (two separate applicants) have each applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival (EOS) permit under the Endangered Species Act. If granted, either or both EOS permits would be in effect for a 40-year period in Mendocino County, California, and would authorize take of the northern spotted owl that is likely to occur incidental to managing the timber on their properties under periodic (approximately 10-year harvest intervals) uneven-aged forestry management practices of single-tree and group selection. The documents available for review and comment are the applicants' safe harbor agreements and our draft environmental action statements and low-effect screening forms, which support categorical exclusions under the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments.

We, the U.S. Fish and Wildlife Service, announce receipt of an application from the Massachusetts Division of Fisheries and Wildlife (MADFW) to amend its Habitat Conservation Plan For Piping Plover for unavoidable take of the federally listed threatened Atlantic Coast piping plover incidental to otherwise lawful activities, specifically recreational activities and beach operations on piping plover breeding beaches in Massachusetts. We are making available the draft amendment, MADFW's application, and our draft Finding of No Significant Impact under the National Environmental Policy Act that evaluates the impacts on the human environment associated with the proposed amendment. We provide this notice to seek comments from the public and Federal, Tribal, State, and local governments.

We, the U.S. Fish and Wildlife Service (Service), have received an application from the Haleakala Ranch Company (the Ranch) for an enhancement of survival permit (permit) pursuant to the Endangered Species Act of 1973, as amended (ESA). The permit application includes a draft Safe Harbor Agreement (SHA) between the Ranch, the State of Hawaii Department of Land and Natural Resources (DLNR), and the Service. Implementation of the proposed SHA is intended to benefit the recovery of the nene (Hawaiian goose, Branta sandvicensis) on 3,056 acres of privately-owned Ranch land on the island of Maui. The proposed SHA conservation measures on the Ranch include nene habitat improvement and maintenance, establishment and maintenance of a nene release pen, and control of predators. The activities implemented under this SHA will aid in increasing the current range of the covered species, restoring this species to part of its historic range, and increasing the total population of the species, thus contributing to its overall recovery. The Service is making the permit application, including the proposed SHA, and the NEPA environmental action statement for categorical exclusion available for public review and invites comments, including the submission of written data.

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.

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.

Under the Endangered Species Act, we, the U.S. Fish and Wildlife Service, invite the public to comment on federally listed American Burying Beetle incidental take permit (ITP) applications. The applicants anticipate 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 applicants' 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 permits 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.

We, the Fish and Wildlife Service, announce receipt of an application for the renewal of an existing incidental take permit (ITP). The applicants are requesting a 5-year renewal of their existing 2-year ITP under the Endangered Species Act. The existing ITP expired on June 6, 2018. If granted, the renewed ITP would extend authorization for take of the federally threatened sand skink and blue-tailed mole skink (skinks) incidental to the construction of a single-family residential development located in Osceola County, Florida. The co- applicants are JKAF Investments, LLC, and Kathryn Kendrick Davidow Trust. We request public comments on the permit application, the habitat conservation plan (HCP), and our preliminary determination that this HCP qualifies as low effect under the National Environmental Policy Act (NEPA). To make this determination, we used our environmental action statement and low-effect screening form, which is also available for review.

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.

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, the U.S. Fish and Wildlife Service (Service), announce the availability of the final environmental impact statement (EIS), final habitat conservation plan (HCP), and associated documents for the R- Project transmission line in north-central Nebraska. The Nebraska Public Power District (NPPD) applied for an incidental take permit for take of the American burying beetle (Nicrophorus americanus), which is listed as endangered under the Endangered Species Act of 1973 (ESA), as amended. The permit would authorize take likely to result from the construction, operation, and maintenance of the transmission line. The HCP describes the applicant's actions and required measures to minimize, mitigate, and monitor incidental take. The final EIS analyzes the effects of authorizing the take and implementation of the HCP on the natural and human environment in accordance with the National Environmental Policy Act (NEPA).

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.

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, and methods and means related to taking of wildlife for subsistence uses during the 2020-21 and 2021-22 regulatory years. The Federal Subsistence Board is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This rule would also amend the general regulations on subsistence taking of fish and wildlife.