Fish and Wildlife Service 2022 – Federal Register Recent Federal Regulation Documents

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

The U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration intend to prepare a draft monument management plan for the Northeast Canyons and Seamounts Marine National Monument, which was established by Presidential Proclamation 9496 and updated by Presidential Proclamation 10287. When the draft plan is complete, we will advertise its availability and seek public comment. We furnish this notice to advise the public and Federal, Tribal, State, and local governments and agencies of our intentions, and to obtain suggestions and information on the scope of issues to consider during the planning process. An environmental assessment to evaluate the potential effects of various management alternatives will also be prepared. The environmental assessment will provide resource managers with the information needed to determine if the potential effects may be significant and warrant preparation of an environmental impact statement, or if the potential impacts lead to a finding of no significant impact.

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 ESA. 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 documents related to an application for an incidental take permit (permit) under the Endangered Species Act. The St. Charles Town Company has applied for a permit, which, if granted, would authorize take of the federally threatened Preble's meadow jumping mouse (Zapus hudsonius preblei) that is likely to occur incidental to proposed construction of commercial and industrial building space known as Brookside Business Center. 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 local, State, Tribal, and Federal agencies.

TF Cibolo Canyons LP (applicant) has applied to the U.S. and Wildlife Service (Service) to amend their existing incidental take permit (ITP), pursuant to the Endangered Species Act. In support of the application, the applicant submitted a proposed amendment to their Cibolo Canyon Master Phase II Environmental Assessment and Habitat Conservation Plan (HCP). The requested amendment, if approved, would continue authorization of incidental take of the golden-cheeked warbler. We also announce the availability of a draft screening form that has been prepared to evaluate the ITP application in accordance with the requirements of the National Environmental Policy Act (NEPA). We invite the public and local, State, Tribal, and Federal agencies to comment on the ITP application, as well as the amended HCP and draft NEPA screening form.

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 (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.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for Tiehm's buckwheat (Eriogonum tiehmii), a plant species native to Nevada in the United States. We also designate critical habitat. In total, we designate approximately 910 acres (368 hectares) in one unit in Nevada as critical habitat for Tiehm's buckwheat. This rule adds the species to the List of Endangered and Threatened Plants and extends the Act's protections to the species.

We, the U.S. Fish and Wildlife Service (Service or USFWS), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for the Dolphin and Union caribou (Rangifer tarandus groenlandicus x peary), a distinct population segment (DPS) of the barren-ground caribou (Rangifer tarandus groenlandicus). After reviewing new survey information received during the public comment period that identified significant decline in the population during a recent 4-year period, we have reevaluated the status of the DPS. Our reassessment concluded that the species is in danger of extinction now. Therefore, we are listing this DPS as endangered under the Act. Listing this DPS as endangered also means that the proposed rule under section 4(d) of the Act will not be finalized or put in place. Rather, the prohibitions under section 9(a)(1) of the Act and our implementing regulations for endangered wildlife will apply to all Dolphin and Union caribou specimens. The Dolphin and Union caribou is native only to Canada.

We, the U.S. Fish and Wildlife Service (Service), propose to revise the List of Birds protected by the Migratory Bird Treaty Act (MBTA) by both adding and removing species. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to conform to accepted use. The net increase of 13 species (16 added and three removed) would bring the total number of species protected by the MBTA to 1,106. We also propose to revise the scientific name of a species subject to specific migratory-bird-permit regulations and to revise corresponding entries for several migratory bird species that are also listed on the List of Endangered and Threatened Wildlife under the Endangered Species Act to reflect currently accepted taxonomy and nomenclature. We regulate the taking, possession, transportation, sale, purchase, barter, exportation, and importation of migratory birds. An accurate and up-to-date list of species protected by the MBTA is essential for public notification, regulatory, and law- enforcement purposes. These revisions would also ensure consistency in the use of common and scientific names across Service regulations.

We, the U.S. Fish and Wildlife Service, are listing the Dixie Valley toad (Anaxyrus williamsi), a toad species from Nevada, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This rule continues the protections of the Act applied to the Dixie Valley toad under our April 7, 2022, temporary emergency listing rule.

We, the U.S. Fish and Wildlife Service (Service), list the Puerto Rican harlequin butterfly (Atlantea tulita), a species from Puerto Rico, 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 this species under the Act. In total, approximately 41,266 acres (16,699.8 hectares) in six units in the municipalities of Isabela, Quebradillas, Camuy, Arecibo, Utuado, Florida, Ciales, Maricao, San Germ[aacute]n, Sabana Grande, and Yauco are within the boundaries of the critical habitat designation. This rule extends the Act's protections to the species and its designated critical habitat.

We, the U.S. Fish and Wildlife Service (Service), reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in all or portions of 37 U.S. States, the District of Columbia, and much of Canada, as an endangered species under the Endangered Species Act of 1973, as amended (Act). Our review of the best available scientific and commercial information indicates that the northern long- eared bat meets the Act's definition of an endangered species. Because we are reclassifying the northern long-eared bat from a threatened to an endangered species, we are amending this species' listing on the List of Endangered and Threatened Wildlife to reflect its endangered species status and removing its species-specific rule issued under section 4(d) of the Act.

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. 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.

The U.S. Fish and Wildlife Service (Service) gives notice of a virtual meeting of the Hunting and Wildlife Conservation Council (HWCC), in accordance with the Federal Advisory Committee Act.

We, the U.S. Fish and Wildlife Service (Service), announce that we are extending the comment periods for four proposed rules under the Endangered Species Act of 1973 (Act), as amended. On September 27, 2022, we published a proposed rule to list the Florida Keys mole skink (Plestiodon egregius egregius) as a threatened species with a rule issued under section 4(d) of the Act and to designate its critical habitat. On October 14, 2022, we published proposed rules to designate critical habitat for Chamaecrista lineata var. keyensis (Big Pine partridge pea), Chamaesyce deltoidea ssp. serpyllum (wedge spurge), Linum arenicola (sand flax), and Argythamnia blodgettii (Blodgett's silverbush); to designate critical habitat for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass), Chamaesyce deltoidea ssp. pinetorum (pineland sandmat), and Dalea carthagenensis var. floridana (Florida prairie- clover); to list the Key ring-necked snake (Diadophis punctatus acricus) and the rim rock crowned snake (Tantilla oolitica) as endangered species, and to designate critical habitat for the Key ring- necked snake and the rim rock crowned snake. We are extending the comment period for each of these proposed rules to allow all interested parties additional time to comment on the proposed rules following the impacts of Hurricane Ian. Comments previously submitted need not be resubmitted, as they will be fully considered in preparing the final determinations.

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 (Service), are revising our proposed designation of critical habitat for the Florida bonneted bat (Eumops floridanus) under the Endangered Species Act of 1973 (Act), as amended. In response to new information we received and public comments on our June 10, 2020, proposed rule, we are now proposing to designate approximately 1,174,011 acres (475,105 hectares) in 13 Florida counties as critical habitat for the species. We also announce the availability of a draft economic analysis (DEA) of the revised proposed designation of critical habitat for the Florida bonneted bat. We request comments from all interested parties on this revised proposed rule and the associated DEA. Comments submitted on our June 10, 2020, proposed rule need not be resubmitted as they will be fully considered in the preparation of the final rule. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat.

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 (FWS) and the National Marine Fisheries Service (NMFS) (together, the Services), have received two separate incidental take permit (ITP) applications from the Oregon Department of State Lands (ODSL; applicant), associated with ODSL's Elliott State Research Forest habitat conservation plan (HCP). The applications, including the HCP, have been submitted pursuant to the Endangered Species Act. ODSL is seeking authorization from the Services for the incidental take of three species (two under FWS jurisdiction, and one under NMFS jurisdiction), expected to result from research and management activities on the Elliott State Forest in Coos and Douglas Counties, Oregon. In accordance with the National Environmental Policy Act (NEPA), this notice also announces the availability of a draft environmental impact statement (DEIS). FWS is the lead Federal agency under NEPA, and NMFS is a cooperating agency. We invite public comments on the HCP and DEIS from the public and Federal, Tribal, State, and local governments.

We, the U.S. Fish and Wildlife Service (Service or FWS), propose to revise the rule for the African elephant (Loxodonta africana) promulgated under section 4(d) of the Endangered Species Act of 1973, as amended (ESA). The intended purposes are threefold: To increase protection for African elephants in light of the recent rise in international trade of live African elephants by establishing ESA enhancement permit requirements for international trade in live elephants and specific enhancement requirements for the import of wild- sourced elephants, as well as requirements to ensure that proposed recipients of live African elephants are suitably equipped to house and care for them; to clarify the existing enhancement requirement during our evaluation of an application for a permit to import African elephant sport-hunted trophies; and to incorporate a Party's designation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) National Legislation Project into the decision-making process for the import of live African elephants, African elephant sport-hunted trophies, and African elephant parts and products other than ivory and sport-hunted trophies. We anticipate these measures will affect implementation in foreign countries of management measures that enhance African elephant conservation.

We, the U.S. Fish and Wildlife Service (Service), in accordance with the Endangered Species Act of 1973 (Act), as amended, are amending the List of Endangered and Threatened Plants by removing Johnson's seagrass (Halophila johnsonii). We are also amending the List of Endangered and Threatened Wildlife by updating the entries for the Arctic subspecies of the ringed seal (Pusa hispida hispida) and the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies (Erignathus barbatus nauticus) to reflect the final designation of critical habitat for this subspecies and DPS, respectively. These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species.

We, the U.S. Fish and Wildlife Service, have received an application from Consumers Energy for an incidental take permit under the Endangered Species Act. If approved, the permit would authorize the incidental take of a federally threatened species, the eastern massasauga rattlesnake (Sistrurus catenatus; EMR). The applicant has prepared a habitat conservation plan in support of their application. We have made a preliminary determination that the HCP and permit application are eligible for 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 (Service), determine threatened status under the Endangered Species Act of 1973 (Act), as amended, for the sickle darter (Percina williamsi), a fish species from the upper Tennessee River drainage in North Carolina, Tennessee, and Virginia. This rule adds the species to the List of Endangered and Threatened Wildlife. We also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of the sickle darter.

We, the U.S. Fish and Wildlife Service (Service), are reclassifying the palo de rosa (Ottoschulzia rhodoxylon) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but it is still likely to become so in the foreseeable future. We are also finalizing a rule under section 4(d) of the Act that provides for the conservation of the palo de rosa.