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

We, the U.S. Fish and Wildlife Service, announce the availability of a draft habitat conservation plan (HCP) and draft categorical exclusion for activities associated with construction of the Rancho Vista Seniors Project. Rancho Vista 2018, LLC (applicant), developed a draft HCP as part of their application for an incidental permit (ITP) under the Endangered Species Act of 1973, as amended. We 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 Fish and Wildlife Service (Service), announce receipt of an application from Forestar Group, Inc. (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 residential development in Polk 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.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Lennar Homes 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 residential development in Osceola 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.

We, the U.S. Fish and Wildlife Service, announce the availability for public review and comment of four draft recovery plans. The endangered or threatened species are in Alabama, Florida, Georgia, Kentucky, South Carolina, Tennessee, and Virginia. The draft recovery plans include specific recovery objectives and criteria based on the species status assessment. We request review and comment on these draft recovery plans from local, State, and Federal agencies, nongovernmental organizations, Tribes, and the public.

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify (downlist) the Hawaiian stilt (Himantopus mexicanus knudseni) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that the subspecies' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. We also propose a rule under section 4(d) of the Act that provides for the conservation of the Hawaiian stilt. Additionally, we also recognize the name ``aeo'' as an alternative common name.

We, the U.S. Fish and Wildlife Service (Service or USFWS), are establishing a nonessential experimental population (NEP) of the California condor (Gymnogyps californianus) in the Pacific Northwest, under section 10(j) of the Endangered Species Act of 1973, as amended (Act). Establishment of this NEP will facilitate reintroduction of California condors to the region and provide for allowable legal incidental taking of the California condor within a defined NEP area. The geographic boundaries of the NEP include northern California, northwest Nevada, and Oregon. The best available data indicate that reintroduction of the California condor into the Pacific Northwest is biologically feasible and will promote the conservation of the species.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the Missouri distinct population segment (DPS) of eastern hellbender (Cryptobranchus alleganiensis alleganiensis), a salamander species. This rule adds this DPS of this species to the Federal List of Endangered and Threatened Wildlife.

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.

To implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or the Convention), the Parties to the Convention meet periodically to review what species in international trade should be regulated and other aspects of CITES implementation. The nineteenth regular meeting of the Conference of the Parties (CoP19) is tentatively scheduled to be held in Costa Rica, March 3-14, 2022. With this notice we are soliciting recommendations for amending Appendices I and II of CITES at CoP19 as well as recommendations for resolutions, decisions, and agenda items for discussion at CoP19. We invite you to provide us with information and recommendations on animal and plant species for which the United States should consider submitting proposals to amend Appendices I and II of CITES at CoP19. Such proposals may concern the addition of species to Appendix I or II, the transfer of species from one Appendix to another, or the removal of species from Appendices. We also invite you to provide us with information and recommendations on resolutions, decisions, and agenda items that the United States might consider submitting for discussion at CoP19. Finally, with this notice, we also describe the U.S. approach to preparations for CoP19.

The U.S. Fish and Wildlife Service (Service) received a request from the National Science Foundation (NSF) for authorization to take a small number of northern sea otters by harassment incidental to a marine geophysical survey in the northeast Pacific Ocean. Pursuant to the Marine Mammal Protection Act of 1972, as amended (MMPA), the Service is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to NSF for certain activities during the period between May 1 and June 30, 2021. This proposed IHA, if finalized, will be for take by Level A and Level B harassment. We anticipate no take by death and include none in this proposed authorization. The Service has prepared a draft environmental assessment (EA) addressing the proposed IHA and is soliciting public comments on both documents.

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, and methods and means related to taking of wildlife for subsistence uses during the 2022-2023 and 2023- 2024 regulatory years. The Federal Subsistence Board (Board) is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish 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 cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This proposed rule could also amend the general regulations on subsistence taking of fish and wildlife.

On January 7, 2021, we, the U.S. Fish and Wildlife Service, published a final rule (``MBTA 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 delaying the MBTA rule's effective date until March 8, 2021, in conformity with the Congressional Review Act (CRA). We request public comments to inform our review of this final rule and to determine whether the further extension of the effective date is necessary.

We, the U.S. Fish and Wildlife Service (FWS or Service), are proposing to amend regulations concerning American alligators (Alligator mississippiensis) by revising provisions pertaining to interstate and foreign commerce. We are proposing these changes to increase clarity and eliminate unnecessary regulation while at the same time maintaining what is necessary and advisable for the conservation of this and other endangered or threatened crocodilian species under section 4(d) of the Endangered Species Act of 1973, as amended.

We, the U.S. Fish and Wildlife Service (FWS), propose to revise and streamline FWS regulations for permitting of rights-of-way by aligning FWS processes more closely with those of other Department of the Interior bureaus, consistent with applicable law and to the extent practicable. The proposed rule would require a pre-application meeting and use of a standard application, the SF-299, Application for Transportation and Utility Systems and Facilities on Federal Lands; allow electronic submission of applications; and provide FWS with additional flexibility, as appropriate, to determine the fair market value or fair market rental value of rights-of-way across FWS-managed lands. This proposed rule would reduce the time and cost necessary to determine a right-of-way's fair market value or fair market rental value, and also reduce an applicant's time and cost to obtain a right- of-way permit. The proposed rule would also simplify the procedures that applicants must follow to reimburse the United States for costs that FWS incurs while processing right-of-way applications and monitoring permitted rights-of-way.

We, the U.S. Fish and Wildlife Service, announce the availability of documents related to an application for an incidental take permit (ITP) under the Endangered Species Act. BNSF Railway (BNSF) has applied for an ITP, which, if granted, would authorize take of the federally threatened grizzly bear that is likely to occur incidental to railroad operations and maintenance. The documents available for review and comment are the applicant's habitat conservation plan, which is part of the ITP 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, announce the availability of a draft recovery plan for Jones cycladenia (Cycladenia humilis var. Jonesii), a plant listed as threatened under the Endangered Species Act. We are requesting review and comment from the public on this draft plan. The draft recovery plan includes objective, measurable criteria, and site-specific management actions as may be necessary to remove it from the Federal List of Endangered and Threatened Plants.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection.

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 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.

The Coastal Barrier Resources Reauthorization Act of 2006 requires the Secretary of the Interior to prepare digital versions of the John H. Chafee Coastal Barrier Resources System (CBRS) maps and make recommendations for the expansion of the CBRS. We, the U.S. Fish and Wildlife Service, have prepared draft revised boundaries for two existing CBRS units in Okaloosa and Walton Counties, Florida, and for four existing units and two proposed new units in Beaufort and Charleston Counties, South Carolina. This notice announces the availability of the proposed boundaries for public review and comment.