Fish and Wildlife Service 2020 – Federal Register Recent Federal Regulation Documents

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.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Manzana Wind LLC for an incidental take permit under the Endangered Species Act of 1973, as amended. The permit would authorize take of the federally endangered California condor (Gymnogyps californianus) incidental to otherwise lawful activities associated with operation of the existing Manzana Wind Power Project. We invite comments on the draft conservation plan and the draft environmental assessment, which we have prepared pursuant to the National Environmental Policy Act. We will take comments into consideration before deciding whether to issue an incidental take permit.

We, the U.S. Fish and Wildlife Service, announce the availability of the draft recovery plan for the Ozark hellbender, a salamander species. We request review and comment on this draft recovery plan from local, State, and Federal agencies, and the public.

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.

The U.S. Fish and Wildlife Service has received two applications for 30-year right-of-way permits from Baymark Pipeline LLC and South Texas NGL Pipeline LLC, respectively. The U.S. Fish and Wildlife Service will open the National Wildlife Refuge System lands, allowing for this infrastructure, under the authority of the National Wildlife Refuge System Administration Act. The U.S. Fish and Wildlife Service requests public comment on the permit applications and associated documents.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the monarch butterfly (Danaus plexippus plexippus) as a threatened species under the Endangered Species Act of 1973, as amended. After a thorough review of the best available scientific and commercial information, we find that listing the monarch butterfly as an endangered or threatened species is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. We will develop a proposed rule to list the monarch butterfly as our priorities allow. However, we ask the public to submit to us any new information relevant to the status of the species or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), have received an application from NextEra Energy Bluff Point LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA), for its Bluff Point Wind Energy Center (project). If approved, the ITP would be for a 30-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long-eared bat. The applicant has prepared a habitat conservation plan (HCP) that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat and northern long-eared bat. We also announce the availability of a draft Environmental Assessment (DEA), which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act (NEPA). We request public comment on the application, the DEA, and associated documents.

The Federal Subsistence Board (Board) announces the public meetings of the 10 Alaska Subsistence Regional Advisory Councils (hereafter, Councils or RACs) for the winter and fall cycles of 2021. The 10 Councils each meet approximately twice a year to provide advice and recommendations to the Federal Subsistence Board about subsistence hunting and fishing issues on Federal public lands in Alaska.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the northern spotted owl (Strix occidentalis caurina) as an endangered 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 reclassification of the northern spotted owl from a threatened species to an endangered species is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. We will develop a proposed rule to reclassify the northern spotted owl as our priorities allow. However, we ask the public to submit to us any new information relevant to the status of the subspecies or its habitat at any time.

The Department of the Interior (DOI) is issuing a public notice of its intent to rescind two U.S. Fish and Wildlife Service (FWS) Privacy Act systems of records, INTERIOR/FWS-19, Endangered Species Licensee System, and INTERIOR/FWS-34, National Conservation Training Center Training Server System, from its existing inventory. These systems of records notices have been superseded by a Department- wide system of records notice or a FWS system of records notice. This rescindment will eliminate unnecessary duplicate notices and promote the overall streamlining and management of DOI Privacy Act systems of records.

We, the U.S. Fish and Wildlife Service, have received an application from six wholly owned subsidiaries of EDP Renewables North America LLC collectively known as Meadow Lake Group (applicant) for an incidental take permit (ITP) under the Endangered Species Act, for its Meadow Lake Wind Resource Area wind project. If approved, the ITP would be for a 29-year period and would authorize the incidental take of the Indiana bat and the northern long-eared bat. The applicant has prepared a habitat conservation plan (HCP) that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the species. We also announce the availability of a draft environmental assessment (DEA), which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act. We request public comment on the application and associated documents.

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 (Service), propose to list whitebark pine (Pinus albicaulis), a high-elevation tree species found across western North America, as a threatened species under the Endangered Species Act of 1973 (Act), as amended. If we finalize this rule as proposed, it would extend the Act's protections to this species. We also propose a rule issued under section 4(d) of the Act that is necessary and advisable to provide for the conservation of the species. We have determined that designation of critical habitat for the whitebark pine is not prudent at this time.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the peppered chub (Macrhybopsis tetranema) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). The peppered chub is a freshwater fish historically found in Colorado, Kansas, New Mexico, Oklahoma, and Texas, and is now extirpated in all but approximately 6 percent of its historical range. After review of the best available scientific and commercial information, we find that listing the peppered chub is warranted due to a dramatic reduction in the species' range (a loss of all but one population) and the low resiliency level of the remaining population. The primary stressors affecting the peppered chub are habitat fragmentation and degradation resulting from several sources, as discussed in this document and its supporting materials. Because we have found the species is at risk of extinction, we propose to list the peppered chub as an endangered species under the Act. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We also propose to designate critical habitat for the peppered chub under the Act. The proposed critical habitat designation includes approximately 1,068 river miles (1,719 river kilometers) in four units in Kansas, New Mexico, Oklahoma, and Texas. We announce the availability of a draft economic analysis of the proposed critical habitat designation.

We, the U.S. Fish and Wildlife Service, announce the availability of our draft recovery plan for sharpnose shiner and smalleye shiner, two fish species listed as endangered under the Endangered Species Act. The two species are broadcast-spawning minnows currently restricted to the upper Brazos River Basin in north-central Texas. 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 enhancement of survival permit application from Scott Erion pursuant to the Endangered Species Act of 1973 for streaked horned lark (lark) which is federally listed as threatened. The permit application includes a draft safe harbor agreement (SHA) developed for the conservation of the lark. The permit if issued would authorize the incidental take of the lark associated with habitat management actions intended to benefit the lark. We have prepared a draft environment action statement (EAS) for our preliminary determination that the proposed SHA and permit issuance may be eligible for categorical exclusion under the National Environmental Policy Act. We are making the permit application package, including the proposed SHA and draft EAS, available for public review and comment.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Palmetto Avon Park-HWY 17, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink and blue-tailed mole skink incidental to the construction of a commercial development in Highlands County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on 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.

We, the U.S. Fish and Wildlife Service (Service), received two applications for enhancement of survival permits (permits) pursuant to the Endangered Species Act of 1973, as amended. The permits would authorize the incidental take of the threatened marbled murrelet associated with forest management actions on private lands. The applications each include a safe harbor agreement (SHA), describing the actions the applicants will take to achieve a net conservation benefit on their lands for the species. We also announce the availability of two draft environmental assessments (EAs) addressing the effects of the proposed permits and SHAs on the human environment in accordance with the National Environmental Policy Act. We invite comments from all interested parties.

We, the U.S. Fish and Wildlife Service (Service), recently proposed to reclassify the endangered red-cockaded woodpecker (Dryobates borealis) as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973 (Act), as amended. We announced a 60-day public comment period on the proposed rule, ending December 7, 2020. We now announce a public informational meeting and public hearing on the proposed rule.

In compliance with the National Environmental Policy Act of 1969 (NEPA), as amended, the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, the Omnibus Public Land Management Act of 2009 (OPLMA), and the Endangered Species Act of 1973 (ESA), as amended, the Bureau of Land Management (BLM) and the United States Fish and Wildlife Service (FWS), as co-lead agencies, announce the availability of the Final Environmental Impact Statement (EIS) to consider a right- of-way (ROW) application (referred to henceforth as the Northern Corridor) submitted by the Utah Department of Transportation (UDOT) and Proposed Amendments to the St. George Field Office and Red Cliffs National Conservation Area (NCA) Resource Management Plans (RMPs).

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the sickle darter (Percina williamsi), a fish species from the upper Tennessee River drainage in North Carolina, Tennessee, and Virginia, as a threatened species under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the sickle darter as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.

In accordance with the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (together, the Services), announce the availability of a final environmental impact statement (FEIS) and habitat conservation plan (HCP) addressing covered activities by the Deschutes Basin Board of Control (DBBC)'s eight- member irrigation districts, and the City of Prineville (applicants). The applicants are seeking incidental take permits (ITPs) covering the incidental take of four covered species over a 30-year period. The HCP describes the steps the applicants will take to minimize, mitigate, and monitor the impacts of incidental take of the covered species. The FEIS has been prepared, pursuant to NEPA, in response to these applications.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft habitat conservation plan (HCP) and associated draft environmental assessment (EA) for California Department of Parks and Recreation (CDPR) activities at Pismo State Beach and Oceano Dunes State Vehicular Recreation Area, San Luis Obispo County, California. The CDPR developed the draft HCP as part of their application for an incidental take permit (ITP) under the Endangered Species Act. The Service prepared a draft EA in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing an ITP to CDPR. We invite public comment on these documents.

We, the U.S. Fish and Wildlife Service (Service or USFWS), have evaluated the classification status of the gray wolf (Canis lupus) entities currently listed in the lower 48 United States and Mexico under the Endangered Species Act of 1973, as amended (Act). Based on our evaluation, we are removing the gray wolf entities in the lower 48 United States and Mexico, except for the Mexican wolf (C. l. baileyi), that are currently on the List of Endangered and Threatened Wildlife. We are taking this action because the best available scientific and commercial data available establish that the gray wolf entities in the lower 48 United States do not meet the definitions of a threatened species or an endangered species under the Act. The effect of this rulemaking action is that C. lupus is not classified as a threatened or endangered species under the Act. This rule does not have any effect on the separate listing of the Mexican wolf subspecies (Canis lupus baileyi) as endangered under the Act. In addition, we announce a 90-day finding on a petition to maintain protections for the gray wolf in the lower 48 United States as endangered or threatened distinct population segments. Based on our review, we find that the petition does not present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, we are not initiating status reviews of the petitioned entities in response to the petition.

We, the U.S. Fish and Wildlife Service, issue regulations pertaining to the use of electric bicycles (otherwise known as ``e- bikes''). These regulations have the potential to facilitate increased recreational opportunities for all Americans, especially for people with physical limitations. This rule will provide guidance and controls for the use of e-bikes in the National Wildlife Refuge System.