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

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Amur sturgeon (Acipenser schrenckii), a fish species from the Amur River basin in Russia and China, as an endangered species under the Endangered Species Act of 1973, as amended (Act). After a review of the best scientific and commercial information available, we find that listing the species is warranted. Accordingly, we propose to list the Amur sturgeon 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, the U.S. Fish and Wildlife Service, have adjusted the acquisition boundary line of a section of Arthur R. Marshall Loxahatchee National Wildlife Refuge, to reflect an approved action from 2015.

We, the Fish and Wildlife Service (Service), have received a written request from Daytona State College (applicant) to renew the enhancement of the survival permit permit) with minor amendments to an existing safe harbor agreement (SHA). Continued implementation of the SHA is intended to benefit the recovery of the federally listed threatened Florida scrub-jay in Volusia County, Florida. The Service is making the proposed permit renewal, which includes the applicant's proposed updated SHA (November 9, 2020), and our draft environmental action statement, available for public review and comment.

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 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 federally endangered Mount Hermon June beetle incidental to activities associated with the Encore Development Project. 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 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, 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.

This rule prescribes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off- reservation trust lands, and ceded lands. This rule responds to Tribal requests for U.S. Fish and Wildlife Service (hereinafter ``Service'' or ``we'') recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.

We, the U.S. Fish and Wildlife Service (Service), are removing Cumberland sandwort (Arenaria cumberlandensis) from the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial data, which indicate that Cumberland sandwort has recovered and no longer meets the definition of an endangered or a threatened species under the Endangered Species Act of 1973, as amended (Act). Our review shows that threats to the species identified at the time of listing (i.e., timber harvesting, trampling from recreational uses, and digging for archaeological artifacts) have been reduced to the point that they no longer pose a threat to the species, and the known range and abundance of Cumberland sandwort have increased. Our review also indicates that potential effects of projected climate change are not expected to cause the species to become endangered in the foreseeable future. Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final Comprehensive Conservation Plan (CCP), environmental assessment (EA), and finding of no significant impact (FONSI) for the San Diego National Wildlife Refuge (Refuge) in California. The CCP/EA/FONSI, prepared in accordance with the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act, describes how the Service will manage the Refuge for the next 15 years. Compatibility determinations for five public uses are also included in the final CCP.

We, the U.S. Fish and Wildlife Service, announce the availability of the draft recovery plan for the Poweshiek skipperling, a butterfly species. We request review and comment on this draft recovery plan from local, State, and Federal agencies, and the public.

We, the U.S. Fish and Wildlife Service, in response to a request from the Alaska Oil and Gas Association, finalize regulations authorizing the nonlethal, incidental, unintentional take by harassment of small numbers of polar bears and Pacific walruses during year-round oil and gas industry activities in the Beaufort Sea (Alaska and the Outer Continental Shelf) and adjacent northern coast of Alaska. Take may result from oil and gas exploration, development, production, and transportation activities occurring for a period of 5 years. These activities are similar to those covered by the previous 5-year Beaufort Sea incidental take regulations effective from August 5, 2016, through August 5, 2021. This rule authorizes take by harassment only. No lethal take is authorized. We will issue Letters of Authorization, upon request, for specific activities in accordance with these regulations.

We, the U.S. Fish and Wildlife Service, announce the availability of the Draft Recovery Plan for White Bluffs Bladderpod (Physaria douglasii subsp. tuplashensis), listed as threatened under the Endangered Species Act, and endemic to Franklin County, Washington. We request review and comment on this draft recovery plan from Federal, State, and local agencies; Native American Tribes; and the public.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month determination on a petition to revise critical habitat for the Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis) under the Endangered Species Act of 1973, as amended (Act). The petition requests that the Service expand the subspecies' critical habitat designation to include currently occupied mixed conifer habitat and all historically occupied habitat outside the current critical habitat designation. Our 12-month determination is that we intend to assess revisions to the subspecies' critical habitat after a species status assessment and revised recovery plan for the Mount Graham red squirrel are completed.

We, the U.S. Fish and Wildlife Service (Service), propose to remove the plant Adiantum vivesii (no common name) from the Federal List of Endangered and Threatened Plants (List). Our review of the best available scientific and commercial data, including peer reviewer comments received on the 5-year status review (2008), indicate that A. vivesii is not a distinct species, but rather a sterile hybrid that does not have the capacity to establish a lineage that could be lost to extinction. Therefore, A. vivesii is not a listable entity under the Endangered Species Act of 1973, as amended (Act).

We, the U.S. Fish and Wildlife Service (Service), announce the receipt and availability of an application for an enhancement of survival permit (permit) under the Endangered Species Act (ESA) and an associated draft programmatic Safe Harbor Agreement (SHA). Additionally, consistent with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft environmental action statement supporting our preliminary determination that the proposed permit action qualifies for a categorical exclusion under NEPA. The Nevada Department of Wildlife (applicant) has applied for a permit under the ESA for the enhancement activities within the SHA, which will contribute to the recovery of the Pahrump poolfish (Empetrichthys latos). The permit would authorize the take of one species incidental to the enhancement and restoration of private and public lands. We invite the public and local, State, Tribal, and Federal agencies to comment on the proposed SHA, and NEPA categorical exclusion determination documentation. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on two petitions to add species to the Lists of Endangered and Threatened Wildlife and Plants and one petition to remove a species (``delist'') under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions to list the Alexander Archipelago wolf (Canis lupus ligoni) and western ridged mussel (Gonidea angulata) 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. We find that the petition to delist the golden-cheeked warbler (Dendroica chrysoparia) does not present substantial scientific or commercial information indicating the petitioned action may be warranted. Therefore, we are not initiating a status review of the species. 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 (Service), are removing the textual descriptions of critical habitat boundaries from those designations for plants for which the maps have been determined to be sufficient to stand as the official delineation of critical habitat. For these entries, the boundaries of critical habitat as mapped or otherwise described will be the official delineation of the designation. The coordinates and/or plot points that we are removing from the Code of Federal Regulations will be available to the public at the lead field office of the Service responsible for the designation and online at the Federal eRulemaking Portal. This action does not increase, decrease, or otherwise change the boundaries of any critical habitat designation. We are taking this action in accordance with our May 1, 2012, revision of the regulations related to publishing textual descriptions of critical habitat boundaries in the Code of Federal Regulations and as part of our response to Executive Order 13563 (Jan. 18, 2011) directing Federal agencies to review their existing regulations and then to modify or streamline them in accordance with what they learned.

We, the U.S. Fish and Wildlife Service (Service), propose to revise the designated critical habitat for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we propose to withdraw the January 15, 2021, final rule that would have excluded approximately 3.4 million acres of designated critical habitat for the northern spotted owl. Instead, we propose to revise the species' designated critical habitat by excluding approximately 204,797 acres (82,879 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 as previously proposed. This proposed revision focuses only on exclusions under section 4(b)(2) of the Act; we are not proposing any other revisions to the northern spotted owl's critical habitat designation.

The U.S. Fish and Wildlife Service gives notice of a teleconference/web meeting of the Sport Fishing and Boating Partnership Council (Council), in accordance with the Federal Advisory Committee Act.

The U.S. Fish and Wildlife Service (Service or we) is establishing the final frameworks from which States may select season dates, limits, and other options for the 2021-22 migratory game bird hunting season, and making a minor change to the special procedures for issuance of annual hunting regulations. We annually prescribe outside limits, frameworks, within which States may select hunting seasons. Frameworks specify the outside dates, season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. These frameworks are necessary to allow State selections of seasons and limits and to allow harvest at levels compatible with migratory game bird population status and habitat conditions. Migratory game bird hunting seasons provide opportunities for recreation and sustenance, and aid Federal, State, and Tribal governments in the management of migratory game birds.

We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews for 37 species under the Endangered Species Act, as amended. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review. We are requesting submission of any such information that has become available since the previous status review for each species.

In accordance with the Paperwork Reduction Act of 1995 (PRA), 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), propose to designate critical habitat for the pearl darter (Percina aurora) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 517 river miles (832 river kilometers) in Clarke, Covington, Forrest, George, Greene, Lauderdale, Jackson, Jones, Newton, Perry, Simpson, Stone, and Wayne Counties, Mississippi, 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.

We, the U.S. Fish and Wildlife Service, have received applications for permits, permit renewals and/or permit amendments 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.

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 a draft recovery plan for Mosquito Range mustard, a plant species listed as threatened under the Endangered Species Act. We are requesting review and comment from the public on this draft plan.