Fish and Wildlife Service May 2021 – Federal Register Recent Federal Regulation Documents

The U.S. Fish and Wildlife Service's Tijuana Slough National Wildlife Refuge, along with the California Department of Parks and Recreation's Border Field State Park, propose to act in partnership to prepare a joint draft environmental impact statement/environmental impact report to evaluate the impacts on the human environment related to restoring coastal wetlands within the Tijuana River National Estuarine Research Reserve at the southwestern corner of San Diego County, California. We are providing this notice to open a public scoping period and announce our intent to conduct public scoping meetings in accordance with the requirements of the National Environmental Policy Act, and its implementing regulations.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for a permit to conduct activities intended to recover and enhance endangered species survival. With some exceptions, the Endangered Species Act of 1973, as amended (ESA), prohibits certain activities that may impact endangered species unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing these permits.

The FWS and NOAA are extending by 60 days the comment period for a draft monument management plan (MMP) for the Marianas Trench Marine National Monument (Monument). The draft MMP describes proposed goals, objectives, and strategies for managing the Monument over a 15- year period.

We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews of 76 species in California and Nevada under the Endangered Species Act. A 5-year 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.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Draft Recovery Plan for Five Species from American Samoa. The draft recovery plan includes specific goals, objectives, and criteria necessary to remove these species from the Federal List of Endangered and Threatened Wildlife. We request review of this draft recovery plan and invite comments from local, Territorial, and Federal agencies, nongovernmental organizations, and the public.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft habitat conservation plan (HCP) and draft categorical exclusion (CatEx) for activities described in an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. The ITP would authorize take of the Santa Barbara County distinct population segment of the California tiger salamander incidental to activities associated with oil production facilities and a solar photovoltaic system near the city of Orcutt in Santa Barbara County, California. The applicant developed the draft HCP as part of their application for an ITP. The Service prepared a draft CatEx 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 on these documents.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on three petitions to add species to the Lists of Endangered and Threatened Wildlife and Plants 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 Aztec gilia (Aliciella formosa), Clover's cactus (Sclerocactus cloverae), and Suckley's cuckoo bumble bee (Bombus suckleyi) 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.

We, the U.S. Fish and Wildlife Service, announce the availability of the draft recovery plan for the Mount Charleston Blue Butterfly (Icaricia [Plebejus] shasta charlestonensis), an endangered butterfly species, for public review and comment. We request review and comment on this draft recovery plan from local, State, and Federal agencies; nongovernmental organizations; and the public.

On January 7, 2021, we, the U.S. Fish and Wildlife Service (we, the Service, or USFWS), published a final rule defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA. We are now proposing to revoke that rule for the reasons set forth below. The effect of this proposed rule would be to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent.

We, the U.S. Fish and Wildlife Service, announce the availability of documents related to an application for an incidental take permit (permit) under the Endangered Species Act. The City of Gunnison, Colorado, has applied for a permit, which, if granted, would authorize take of the federally threatened Gunnison sage-grouse that is likely to occur incidental to proposed residential and commercial development. The documents available for review and comment are the applicant's habitat conservation plan, which is part of the permit application, and our draft environmental action statement and low- effect screening form, which support a categorical exclusion 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, are conducting 5-year status reviews under the Endangered Species Act of 23 animal and plant species. 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 such information that has become available since the last review for the species.

We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to remove the San Clemente Bell's sparrow (Artemisiospiza belli clementeae) (formerly known as the San Clemente sage sparrow, Amphispiza belli clementeae), San Clemente Island bush-mallow (Malacothamnus clementinus), San Clemente Island paintbrush (Castilleja grisea), San Clemente Island lotus (Acmispon dendroideus var. traskiae), and San Clemente Island larkspur (Delphinium variegatum ssp. kinkiense) from the Federal Lists of Endangered and Threatened Wildlife and Plants (Lists). The bird species and four plant species occur only on San Clemente Island, one of the Channel Islands off the southern coast of California. The proposed delistings are based on our evaluation of the best available scientific and commercial information, which indicates that the species' statuses have improved and threats to the species have been eliminated or reduced to the point that the species have recovered and no longer meet the definitions of either endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). If this proposal is finalized, these species will be removed from the Lists.

We, the U.S. Fish and Wildlife Service (Service), propose to open, for the first time, seven National Wildlife Refuges (NWRs) that are currently closed to hunting and sport fishing. In addition, we propose to open or expand hunting and sport fishing at 83 other NWRs, and add pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2021-2022 season. We also propose to open hunting or sport fishing on one unit of the National Fish Hatchery System (NFH). We propose to add pertinent station-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing at this NFH for the 2021-2022 season. Finally, we propose to make regulatory changes to existing station- specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain language standards.