Fish and Wildlife Service November 2020 – 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.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Sharpnose Shiner and Smalleye Shiner
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.
Subsistence Management Regulations for Public Lands in Alaska-2020-21 and 2021-22 Subsistence Taking of Wildlife Regulations
This final rule establishes regulations for seasons, harvest limits, and methods and means related to the taking of wildlife for subsistence uses in Alaska for the 2020-21 and 2021-22 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing 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 biennial cycle. This rule also revises the customary and traditional use determinations for wildlife.
Proposed Safe Harbor Agreement for Streaked Horned Lark Habitat Restoration, Linn County, Oregon
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.
Application for an Enhancement of Survival Permit; Draft Candidate Conservation Agreement With Assurances for the Dunes Sagebrush Lizard (Sceloporus arenicolus); Andrews, Gaines, Crane, Ector, Ward, and Winkler Counties, Texas
This notice advises the public that Canyon Environmental, LLC (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit (permit) supported by the draft Candidate Conservation Agreement with Assurances for the Dunes Sagebrush Lizard (Sceloporus arenicolus) (CCAA) in Andrews, Gaines, Crane, Ector, Ward, and Winkler Counties, Texas. The applicant has applied to the Service for the permit pursuant to the Endangered Species Act. The requested permit, if approved, would authorize incidental take of the dunes sagebrush lizard (DSL), resulting from activities completed pursuant to the draft CCAA. If approved, the requested permit would become effective should the DSL become federally listed during the life of the permit and CCAA. The proposed permit would have a term of up to 23 years. We also announce the availability of a draft environmental assessment (EA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act. We are making the permit application package, including the draft CCAA and draft EA, as well as the issuance criteria for the requested permit, available for public review and comment.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Highlands County, FL; Categorical Exclusion
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.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for the Upper Coosa River Distinct Population Segment of Frecklebelly Madtom and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the frecklebelly madtom (Noturus munitus), a fish species from Louisiana, Mississippi, Alabama, Georgia, and Tennessee, as an endangered or threatened species and designate critical habitat 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 frecklebelly madtom as an endangered or a threatened species throughout all of its range is not warranted. However, we determined that listing is warranted for a distinct population segment (DPS) of the frecklebelly madtom in the Upper Coosa River in Georgia and Tennessee. Accordingly, we propose to list the Upper Coosa River DPS of the frecklebelly madtom 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 DPS to the List of Endangered and Threatened Wildlife and extend the Act's protections to the DPS. We also propose to designate critical habitat for the Upper Coosa River DPS under the Act. In total, approximately 134 river miles (216 kilometers) in Georgia and Tennessee fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Upper Coosa River DPS.
Draft Safe Harbor Agreements and Draft Environmental Assessments for the Marbled Murrelet in Washington State
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.
Migratory Bird Subsistence Harvest in Alaska; Updates to the Regulations
The U.S. Fish and Wildlife Service (Service or we) is revising the migratory bird subsistence harvest regulations in Alaska. 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. This rule incorporates regulatory revisions requested by these partners.
Endangered and Threatened Wildlife and Plants; Reclassification of the Red-Cockaded Woodpecker From Endangered to Threatened With a Section 4(d) Rule
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.
Endangered and Threatened Wildlife and Plants; Review of Domestic Species That Are Candidates for Listing as Endangered or Threatened; Annual Notification of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions
In this document, known as a Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of domestic plant and animal species that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants (Lists) during the period October 1, 2018, through September 30, 2020. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of domestic species that are candidates for listing is 11. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, and by allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting earlier candidate conservation measures to alleviate threats to the species. This document also adds the Sonoran desert tortoise back to the candidate list as a result of an August 3, 2020, court-approved settlement agreement.
Notice of Availability of the Final Environmental Impact Statement To Consider a Highway Right-of-Way, Amended Habitat Conservation Plan and Issuance of an Incidental Take Permit for the Mojave Desert Tortoise, and Proposed Resource Management Plan Amendments, Washington County, UT
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).
Endangered Species; Receipt of Recovery Permit Application
We, the U.S. Fish and Wildlife Service, have received an application for a permit 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 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; Threatened Species Status With Section 4(d) Rule for Sickle Darter
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.
Agency Information Collection Activities; U.S. Fish and Wildlife Service Agreements With Friends Organizations
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection in use without an OMB control number.
Final Environmental Impact Statement and Final Deschutes Basin Habitat Conservation Plan; Klamath, Deschutes, Jefferson, Crook, Wasco, and Sherman Counties, Oregon
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.
Hunting and Shooting Sports Conservation Council; Public Meeting by Videoconference
We, the U.S. Fish and Wildlife Service, announce a public meeting via videoconference of the Hunting and Shooting Sports Conservation Council (Council), in accordance with the Federal Advisory Committee Act. The videoconference is open to the public.
Draft Habitat Conservation Plan and Draft Environmental Assessment for the California Department of Parks and Recreation, Oceano Dunes District, San Luis Obispo County, California
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.
Aquatic Nuisance Species Task Force Meeting
The U.S. Fish and Wildlife Service gives notice of a teleconference/web meeting of the Aquatic Nuisance Species (ANS) Task Force, in accordance with the Federal Advisory Committee Act.
Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) From the List of Endangered and Threatened Wildlife
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.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Canoe Creek Clubshell and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Canoe Creek clubshell (Pleurobema athearni), a freshwater mussel species endemic to a single watershed in north-central Alabama, as an endangered or threatened species and to designate critical habitat 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 Canoe Creek clubshell as an endangered species under the Act. We also propose to designate critical habitat for the Canoe Creek clubshell under the Act. In total, approximately 58.5 river kilometers (36.3 river miles) in St. Clair and Etowah Counties, Alabama, fall within the boundaries of the proposed critical habitat designation. Finally, we announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Canoe Creek clubshell.
National Wildlife Refuge System; Use of Electric Bicycles
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.
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