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

We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit to take the federally listed Delhi Sands flower-loving fly under the Endangered Species Act (ESA). The permit application includes a proposed low- effect habitat conservation plan (HCP). In accordance with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft low-effect screening form supporting our preliminary determination that the proposed action qualifies as a categorical exclusion under NEPA. We invite comments from the public and Federal, Tribal, State, and local governments on the permit application, proposed low-effect HCP, and draft NEPA compliance documentation.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the narrow-headed gartersnake (Thamnophis rufipunctatus) under the Endangered Species Act of 1973 (Act), as amended. In total, 23,785 acres (9,625 hectares) in Greenlee, Apache, Yavapai, Gila, and Coconino Counties, Arizona, and Grant, Hidalgo, and Catron Counties, New Mexico, fall within the boundaries of the critical habitat designation for the narrow-headed gartersnake. This rule extends the Act's protections to the narrow-headed gartersnake's designated critical habitat.

We, the U.S. Fish and Wildlife Service, have received applications for permits 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 these applications. Before issuing 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, 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.

We, the U.S. Fish and Wildlife Service (Service), are reclassifying the humpback chub (Gila cypha) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act), due to substantial improvements in the species' overall status since its original listing as endangered in 1974. This action is based on a thorough review of the best available scientific and commercial information available, which indicates that the humpback chub no longer meets the definition of an endangered species under the Act. The humpback chub will remain protected as a threatened species under the Act. We are also finalizing a rule under section 4(d) of the Act that provides for the conservation of the humpback chub.

We, the U.S. Fish and Wildlife Service (Service), propose to list the bog buck moth (Hemileuca maia menyanthevora) (=H.iroquois), a moth that occurs in Oswego County, New York (NY), and Ontario, Canada, as an endangered 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 bog buck moth 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 have determined that designation of critical habitat for the bog buck moth is not prudent at this time.

We, the U.S. Fish and Wildlife Service (Service), announce our intention to conduct a 5-year status review under the Endangered Species Act of 1973, as amended, for the polar bear (Ursus maritimus). The polar bear was listed as threatened in 2008. A 5-year status review is based on the best scientific and commercial data available at the time of the review. We are requesting submission of information that has become available since the last review of the species in 2017.

On January 7, 2021, we, the U.S. Fish and Wildlife Service (we, the Service, or USFWS), published a final rule (January 7 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 now revoke that rule for the reasons set forth below. The immediate effect of this final rule is to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and longstanding agency practice prior to 2017.

We, the U.S. Fish and Wildlife Service (Service), propose to remove 23 species from the Federal Lists of Endangered and Threatened Wildlife and Plants due to extinction. This proposal is based on a review of the best available scientific and commercial information, which indicates that these species are no longer extant and, as such, no longer meet the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended (Act). We are seeking information and comments from the public regarding this proposed rule.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on four petitions to add species to the Lists of Endangered and Threatened Wildlife and Plants and one petition to downlist a species from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions to list the American bumble bee (Bombus pensylvanicus), Long Valley speckled dace (Rhinichthys osculus ssp.), and Siuslaw hairy-necked tiger beetle (Cicindela hirticollis siuslawensis) 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 these species 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 further find that the petition to list the Tucson shovel-nosed snake (Chionactis annulata klauberi) and the petition to downlist the Florida torreya (Torreya taxifolia) do not present substantial scientific or commercial information indicating the petitioned action may be warranted. Therefore, we are not initiating a status review of those two species.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Pe[ntilde]asco least chipmunk (Neotamias minimus atristriatus), a mammal from New Mexico, as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the Pe[ntilde]asco least chipmunk 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 Pe[ntilde]asco least chipmunk under the Act. The proposed critical habitat designation includes approximately 2,660 hectares (6,574 acres) in three units in New Mexico. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat.

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.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a habitat conservation plan developed by Thurston County, Washington (applicant), in support of an application for an incidental take permit under the Endangered Species Act. The applicant is seeking authorization for the incidental take of six species, expected to result from various County-permitted development activities, as well as construction and maintenance of County-owned or County-managed infrastructure, over the next 30 years. The incidental take and other impacts would occur in Thurston County. This notice also announces the availability of the Service's draft environmental impact statement and the opening of the public comment period, which is intended to satisfy the National Environmental Policy Act requirement to evaluate the impacts of the proposed action on the human environment. We are seeking public comments on the habitat conservation plan and draft environmental impact statement.

We, the U.S. Fish and Wildlife Service, have received an application from the Missouri Department of Conservation (applicant) for an incidental take permit (ITP) under the Endangered Species Act. If approved, the permit would be for a 50-year period and would authorize the incidental take of two endangered species, the Indiana bat and the gray bat; one threatened species, the northern long-eared bat; and two species petitioned for Federal listing, the little brown bat and the tricolored bat. The applicant has prepared a habitat conservation plan (HCP) to cover a suite of activities associated with continued forest and habitat management within the State of Missouri.

The U.S. Fish and Wildlife Service (Service, or we) seeks public and regulated-community input on potential approaches for further expediting and simplifying the permit process authorizing incidental take of eagles. This document also advises the public that the Service may, as a result of public input, prepare a draft environmental review pursuant to the National Environmental Policy Act of 1969, as amended. We are furnishing this advance notice of proposed rulemaking to advise other agencies and the public of our intentions and obtain suggestions and information on the scope of issues to include in the environmental review. Public and regulated community responses will be used to improve and make more efficient the permitting process for incidental take of eagles in a manner that is compatible with the preservation of bald and golden eagles.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973, as amended (Act), for the slenderclaw crayfish (Cambarus cracens), a cryptic freshwater crustacean that is endemic to streams on Sand Mountain within the Tennessee River Basin in DeKalb and Marshall Counties, Alabama. This rule adds this species to the Federal List of Endangered and Threatened Wildlife. In addition, we designate approximately 78 river miles (126 river kilometers) in DeKalb and Marshall Counties, Alabama, as critical habitat for the species under the Act.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the Endangered Species Act (Act). In total, approximately 1,977 acres (ac) (800 hectares (ha)) in Miami-Dade County, 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 species' critical habitat. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Miami tiger beetle.

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.

We, the U.S. Fish and Wildlife Service, announce the availability of the Draft Recovery Plan for Umtanum Desert buckwheat (Eriogonum codium), listed as threatened under the Endangered Species Act, and endemic to Benton County, Washington. We request review and comment on this draft recovery plan from Federal, State, and local agencies; Native American Tribes; and the public.

In accordance with the Marine Mammal Protection Act of 1972, as amended, the U.S. Fish and Wildlife Service has issued Letters of Authorization for the nonlethal take of polar bears and Pacific walruses incidental to oil and gas industry exploration, development, and production activities in the Beaufort Sea and the adjacent northern coast of Alaska as well as northern sea otters in Cook Inlet, Alaska, in 2019 and 2020. This notice announces a list of the Letters of Authorizations that were issued in calendar years 2019 and 2020. The Letters of Authorization stipulate conditions and methods that minimize impacts to polar bears, Pacific walruses, and northern sea otters from these activities.

We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for Bartram's stonecrop (Graptopetalum bartramii), a plant known from Arizona and Mexico. We also issue a final rule under the authority of section 4(d) (a ``4(d) rule'') of the Act that provides measures that are necessary and advisable to provide for the conservation of Bartram's stonecrop. We have determined that designation of critical habitat for Bartram's stonecrop is not prudent.

We, the U.S. Fish and Wildlife Service (Service), open, for the first time, seven National Wildlife Refuges (NWRs) that are currently closed to hunting and sport fishing. In addition, we open or expand hunting and sport fishing at 81 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 open hunting or sport fishing on one unit of the National Fish Hatchery System (NFH). We 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 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.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft environmental assessment (dEA) under the National Environmental Policy Act (NEPA), and application for an incidental take permit (ITP) supported by a habitat conservation plan (HCP) for the operation of an existing wind facility, the Wildhorse Mountain Wind project (project), in Pushmataha County, Oklahoma. Wildhorse Wind Energy, LLC (Applicant) has applied for an ITP under the Endangered Species Act of 1973, as amended. The requested ITP, which would be in effect for a period of 30 years, if granted, would cover incidental take of the federally endangered Indiana bat and threatened northern long-eared bat. The potential incidental take would be associated with activities associated with the operation of the existing wind project. We invite public comments on the permit application, proposed HCP, and dEA.

We, the U.S. Fish and Wildlife Service (Service), are revising the regulations governing the annual Federal Migratory Bird Hunting and Conservation Stamp Contest (also known as the Federal Duck Stamp Contest (Contest)). We are removing the previously specified permanent theme and the mandatory inclusion of an appropriate hunting element within all Contest entries and revising the qualifications of the judging panel to reflect this change beginning with the 2022 Contest.

We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to list six Central Texas mussel species: The Guadalupe fatmucket (Lampsilis bergmanni), Texas fatmucket (Lampsilis bracteata), Texas fawnsfoot (Truncilla macrodon), Guadalupe orb (Cyclonaias necki), Texas pimpleback (Cyclonaias (=Quadrula) petrina), and false spike (Fusconaia (=Quincuncina) mitchelli) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing Guadalupe fatmucket, Texas fatmucket, Guadalupe orb, Texas pimpleback, and false spike as endangered species is warranted, and listing Texas fawnsfoot as a threatened species is warranted. We propose a rule issued under section 4(d) of the Act (``4(d) rule'') for the Texas fawnsfoot. If we finalize this rule as proposed, it would add these 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 all six species under the Act. In total, approximately 1,944 river miles (3,129 river kilometers) in Texas fall within the boundaries of the proposed critical habitat designations. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat. We also are notifying the public that we have scheduled two informational meetings followed by public hearings on the proposed rule.