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

Draft Environmental Assessment and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Timber Road II, III, and IV Wind Farms, Paulding County, Ohio
Document Number: 2020-04046
Type: Notice
Date: 2020-02-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application from Paulding Wind Farm II, LLC; Paulding Wind Farm III, LLC; and Paulding Wind Farm IV (collectively, the applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended, for the Timber Road II, III, and IV Wind Farms project. If approved, the ITP would authorize the incidental take of the Indiana bat and the northern long-eared bat for a 30-year term. The applicant has prepared a draft habitat conservation plan, 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 Wildlife and Plants; Section 4(d) Rule for Louisiana Pinesnake
Document Number: 2020-03545
Type: Rule
Date: 2020-02-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), adopt a rule under section 4(d) of the Endangered Species Act for the Louisiana pinesnake (Pituophis ruthveni), a reptile that is listed under the statute as threatened. This rule will provide measures to protect the species, which is from Louisiana and Texas.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo
Document Number: 2020-02642
Type: Proposed Rule
Date: 2020-02-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), revise the proposed critical habitat for the western distinct population segment of the yellow-billed cuckoo (western yellow-billed cuckoo) (Coccyzus americanus) under the Endangered Species Act. In total, approximately 493,665 acres (199,779 hectares) are now being proposed for designation as critical habitat in Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2020-03818
Type: Notice
Date: 2020-02-26
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.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for the Eastern Massasauga Rattlesnake
Document Number: 2020-03778
Type: Notice
Date: 2020-02-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of the draft recovery plan for the threatened eastern massasauga rattlesnake. We request review and comment on this draft recovery plan from local, State, and Federal agencies, and the public.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Black Pinesnake
Document Number: 2020-02281
Type: Rule
Date: 2020-02-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the black pinesnake (Pituophis melanoleucus lodingi) under the Endangered Species Act (Act). In total, approximately 324,679 acres (131,393 hectares) in Forrest, George, Greene, Harrison, Jones, Marion, Perry, Stone, and Wayne Counties, Mississippi, and in Clarke County, Alabama, fall within the boundaries of the critical habitat designation. The effect of this regulation is to designate critical habitat for the black pinesnake under the Act.
Draft Habitat Conservation Plan and Draft Environmental Assessment for Oak Hills Estate, Santa Barbara County, California
Document Number: 2020-03667
Type: Notice
Date: 2020-02-25
Agency: Fish and Wildlife Service, Department of the Interior
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 activities associated with an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. The ITP would authorize take of listed species incidental to construction of a residential development proposed by Oak Hills Estate, LLC (applicant). The applicant developed the draft HCP as part of their application for an ITP. 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 the applicant. We invite public comment.
Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations; Agricultural Facilities in the Atlantic Flyway
Document Number: 2020-03034
Type: Rule
Date: 2020-02-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), amend the depredation order that allows take of resident Canada geese at agricultural facilities by authorized personnel between May 1 and August 31. This period is too restrictive in portions of the Atlantic Flyway where specific crops are now being planted and depredated prior to May 1. This final rule allows take of resident Canada geese at agricultural facilities in the Atlantic Flyway States of Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia between April 1 and August 31.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Florida Bristle Fern
Document Number: 2020-03441
Type: Proposed Rule
Date: 2020-02-24
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 Florida bristle fern (Trichomanes punctatum ssp. floridanum) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 1,624 hectares (4,014 acres) in Miami-Dade and Sumter Counties, Florida, 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 subspecies' critical habitat. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat.
Civil Penalties; 2020 Inflation Adjustments for Civil Monetary Penalties
Document Number: 2020-03232
Type: Rule
Date: 2020-02-24
Agency: Fish and Wildlife Service, Department of the Interior
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 2020 inflation adjustment multiplier provided in the OMB guidance.
Endangered Species; Recovery Permit Applications
Document Number: 2020-03429
Type: Notice
Date: 2020-02-20
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 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.
Subsistence Management Regulations for Public Lands in Alaska-2021-22 and 2022-23 Subsistence Taking of Fish and Shellfish Regulations
Document Number: 2020-03306
Type: Proposed Rule
Date: 2020-02-19
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This proposed rule would establish regulations for fish and shellfish seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2021-2022 and 2022-2023 regulatory years. The Federal Subsistence Board (Board) is on a schedule of completing the process of revising subsistence taking of fish and shellfish regulations in odd-numbered years and subsistence taking of wildlife regulations in even-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 fish and shellfish taking regulations. This proposed rule could also amend the general regulations on subsistence taking of fish and wildlife.
Endangered Species; Marine Mammals; Seismic Survey Design and Impacts to Maternal Polar Bear Dens
Document Number: 2020-03132
Type: Notice
Date: 2020-02-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a peer-reviewed scientific manuscript and associated model regarding seismic survey design and potential impacts to maternal polar bear dens. This manuscript contains information, including a methodology and model that may be used for evaluating the effects of future seismic survey proposals for their potential impacts to maternal polar bear dens. We are also announcing public webinars that will provide an overview of the manuscript and model and respond to questions. We request public comments on the value of the model and the associated methodology described in the peer-viewed scientific manuscript in assisting in the evaluation of the effects of future seismic survey proposals for their potential impacts to maternal polar bear dens.
Sport Fishing and Boating Partnership Council; Call for Nominations
Document Number: 2020-03020
Type: Notice
Date: 2020-02-14
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Department of the Interior is seeking nominations for individuals to be considered for membership on the Sport Fishing and Boating Partnership Council (Council).
Agency Information Collection Activities; Depredation and Control Orders
Document Number: 2020-02656
Type: Notice
Date: 2020-02-11
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 Species; Receipt of Recovery Permit Applications
Document Number: 2020-02384
Type: Notice
Date: 2020-02-07
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 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.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2020-02327
Type: Notice
Date: 2020-02-06
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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Yellow Lance
Document Number: 2020-02294
Type: Proposed Rule
Date: 2020-02-06
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 yellow lance (Elliptio lanceolata) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 319 river miles (mi) (514 kilometers (km)) in North Carolina, Virginia, and Maryland 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. We also announce the availability of a draft economic analysis of the proposed designation.
Agency Information Collection Activities; Endangered and Threatened Wildlife, Experimental Populations
Document Number: 2020-02084
Type: Notice
Date: 2020-02-04
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.
Regulations Governing Take of Migratory Birds
Document Number: 2020-01771
Type: Proposed Rule
Date: 2020-02-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (FWS, Service, we), propose to adopt a regulation that defines the scope of the Migratory Bird Treaty Act (MBTA or Act) as it applies to conduct resulting in the injury or death of migratory birds protected by the Act. This proposed rule is consistent with the Solicitor's Opinion, M-37050, which concludes that the MBTA's prohibitions on pursuing, hunting, taking, capturing, killing, or attempting to do the same, apply only to actions directed at migratory birds, their nests, or their eggs.
Migratory Bird Permits; Regulations Governing Take of Migratory Birds; Environmental Impact Statement
Document Number: 2020-01770
Type: Proposed Rule
Date: 2020-02-03
Agency: Fish and Wildlife Service, Department of the Interior
This document advises that we, the U.S. Fish and Wildlife Service (Service), intend to prepare a draft environmental impact statement pursuant to the National Environmental Policy Act of 1969 (NEPA). The Service hereby notifies Federal, State, and local agencies, tribes, and the public of our intentions to evaluate the potential environmental impacts of a proposal to adopt a regulation that clarifies that the Migratory Bird Treaty Act's prohibitions on pursuing, hunting, taking, capturing, killing, or attempting to do the same, apply only to actions directed at migratory birds, their nests, or their eggs, and, therefore, do not extend to incidental take, which occurs when injury or mortality to migratory birds results from, but is not the purpose of, an activity. The review will analyze the environmental effects of the proposed approach and will provide detailed analysis of the environmental effects of the proposed rule. We invite input from other Federal and State agencies, tribes, nongovernmental organizations, and members of the public on the scope of the proposed NEPA analysis, the pertinent issues we should address, and alternatives to our proposed approach for implementing the MBTA. We will hold multiple public scoping webinars to inform the public about the proposal.