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

We, the U.S. Fish and Wildlife Service (Service), announce the revised taxonomy of nine wildlife and nine plant species under the Endangered Species Act of 1973, as amended (ESA). We are revising the List of Endangered and Threatened Wildlife and the List of Endangered and Threatened Plants (``the Lists'') to reflect the current scientifically accepted taxonomy and nomenclature for these species that occur in the southwestern United States. We are also correcting errors in the Lists made in previous publications. The taxonomic revisions and correction of publication errors are editorial in nature and involve no substantive changes to the Lists or any applicable regulations.

We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; hereafter collectively referred to as the ``Services'' or ``we''), are extending the comment period on our October 27, 2021, proposed rule to rescind the final rule titled ``Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat'' that was published on December 16, 2020, and established a regulatory definition of the term ``habitat.'' We are extending the comment period by 15 days.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft habitat conservation plan (HCP) and draft categorical exclusion 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 the Central California distinct population segment of the California tiger salamander incidental to activities associated with construction adjacent to the City of Hollister in San Benito County, California. The applicant developed the draft HCP as part of their application for an ITP. The Service prepared a draft low-effect screening form and environmental action statement (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), propose to remove the Okaloosa darter (Etheostoma okaloosae) from the Federal List of Endangered and Threatened Wildlife (List) due to recovery. Our review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of a threatened or endangered species under the Endangered Species Act of 1973, as amended (Act). We request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for Okaloosa darters. If this proposal is finalized, Okaloosa darters will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, would no longer apply to the species.

We, the Fish and Wildlife Service (Service), announce receipt of an application from PKY Clermont Owner, 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 incidental to construction in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and 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), list the Atlantic pigtoe, (Fusconaia masoni), a freshwater mussel species from Virginia and North Carolina, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973 (Act), as amended. We also designate critical habitat for the species under the Act. In total, approximately 563 river miles (906 river kilometers) fall within 17 units of critical habitat in Bath, Botetourt, Brunswick, Craig, Dinwiddie, Greensville, Halifax, Lunenburg, Mecklenburg, Nottoway, Pittsylvania, and Sussex Counties, Virginia, and in Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Montgomery, Nash, Orange, Person, Pitt, Randolph, Rockingham, Vance, Wake, Warren, and Wilson Counties, North Carolina. This rule extends the Act's protections to the species and its designated critical habitat.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Green River Wind Farm Phase 1, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act (ESA), for its Green River Wind Farm (project). The applicant requests the ITP, which would be for a 30-year period, for the take of the federally listed endangered Indiana bat and threatened northern long-eared bat incidental to the otherwise lawful activities associated with the project. The applicant proposes a conservation program to minimize and mitigate for the unavoidable incidental take as described in their habitat conservation plan (HCP). The Service requests public comment on the application including the submission of written data, views or arguments with respect to the application, which includes the applicant's proposed HCP, and the Service's draft environmental assessment, prepared pursuant to the National Environmental Policy Act. The Service provides this notice to seek comments from the public and Federal, Tribal, State, and local governments.

We, the U.S. Fish and Wildlife Service (Service), revise the designation of critical habitat for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act of 1973, as amended (ESA or Act), by withdrawing the January 15, 2021, final rule that would have been effective December 15, 2021, and which would have excluded approximately 3.4 million acres (1.4 million hectares) of designated critical habitat for the northern spotted owl (January Exclusions Rule); and instead as we proposed on July 20, 2021, we now exclude approximately 204,294 acres (82,675 hectares) in Benton, Clackamas, Coos, Curry, Douglas, Jackson, Josephine, Klamath, Lane, Lincoln, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties, Oregon, under section 4(b)(2) of the Act.

We, the U.S. Fish and Wildlife Service (Service), announce our 12-month finding on a petition to list the alligator snapping turtle (Macrochelys temminckii), North America's largest freshwater turtle species, as an endangered or 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 alligator snapping turtle 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 will add the species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.

We, the U.S. Fish and Wildlife Service, announce the availability of a draft recovery plan for desert yellowhead, a plant listed as threatened under the Endangered Species Act. We request review and comment on this draft recovery plan from Federal, State, Tribal, and local agencies and the public.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Pulte Home Company, LLCNorth Florida Division (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink incidental to construction in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and 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, received a request under the Marine Mammal Protection Act of 1972 from JADE Energy, LLC, for authorization to take by Level B harassment a small number of polar bears from the Southern Beaufort Sea (SBS) stock incidental to oil and gas exploratory activities scheduled to occur between December 1, 2021, through November 30, 2022. These activities include mobilization, constructing ice roads and ice pads, drilling wells, and associated cleanup in the Prudhoe Bay Unit and Point Thomson Unit of the North Slope of Alaska. Mobilization would occur in December 2021, along a winter trail stretching east from Deadhorse, Alaska, to Point Thomson, Alaska. Prepacking of snow and construction of ice roads and pads would begin mid-December 2021, and drilling would begin at JADE #1 pad in late-January 2022. If conditions are favorable, drilling on JADE #2 pad would take place in mid-March 2022, preceding cleanup activities, which are proposed to be completed by July 15, 2022. We estimate these activities may result in the nonlethal incidental take of up to two SBS stock polar bears. This proposed authorization, if finalized, will be for take of two SBS stock polar bears by Level B harassment only. No lethal or Level A take of polar bears is likely or requested, and, therefore, such take is not included in this proposed authorization.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Florida Department of TransportationFlorida's Turnpike Enterprise (applicant) (Suncoast Parkway 2) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed eastern indigo snake incidental to construction of the four-lane Suncoast Parkway 2 in Citrus County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and 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, announce the availability of our draft recovery plan for the Diamond Y invertebrates, including Diamond tryonia (Pseudotryonia adamantina), Gonzales tryonia (Tryonia circumstriata), and Pecos amphipod (Gammarus pecos). These endangered aquatic invertebrates occur in the Diamond Y Spring system of the Chihuahuan Desert of western Texas. We request review and comment on this draft recovery plan from local, State, and Federal agencies; nongovernmental organizations; and the public.