Fish and Wildlife Service January 2022 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Approval Procedures for Incidental Harassment Authorizations of Marine Mammals
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 Office of Management and Budget control number.
Agency Information Collection Activities; Non-Federal Oil and Gas Operations on National Wildlife Refuge System Lands
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to revise an existing collection of information.
Draft Environmental Assessment and Proposed Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Sugar Creek Wind Project, Logan County, Illinois
We, the U.S. Fish and Wildlife Service (Service), have received an application from Sugar Creek Wind One, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act, for its Sugar Creek Wind Project (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, 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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Ford Ridge Wind Project, Ford County, Illinois; Categorical Exclusion
We, the U.S. Fish and Wildlife Service, have received an application from Ford Ridge Wind Farm LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act, for its Ford Ridge Wind Project (project). If approved, the ITP would be for a 6-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long- eared bat. The applicant has prepared a habitat conservation plan that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat and northern long-eared bat. 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 able for public review.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Sacramento Mountains Checkerspot Butterfly
We, the U.S. Fish and Wildlife Service (Service), propose to list the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, 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 Sacramento Mountains checkerspot butterfly 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 find that the designation of critical habitat for the Sacramento Mountains checkerspot butterfly is not determinable at this time.
Habitat Conservation Plan for Warm Springs Natural Area and Hidden Valley Property, Clark County, Nevada; Receipt of Incidental Take Permit Application, Draft Low-Effect Habitat Conservation Plan, and Draft Environmental Compliance Documentation
We, the U.S. Fish and Wildlife Service (Service), announce the receipt and availability of an application for an incidental take permit (ITP) under the Endangered Species Act (ESA) and an associated draft low-effect habitat conservation plan (HCP). Additionally, consistent with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft low-effect screening form and environmental action statement supporting our preliminary determination that the proposed permit action qualifies for a categorical exclusion under NEPA. The Southern Nevada Water Authority has applied for an ITP under the ESA for the HCP for Warm Springs Natural Area and Hidden Valley Property in Clark County, Nevada. The ITP would authorize the take of seven species incidental to the development, construction and operation of the project. We invite the public and local, State, Tribal, and Federal agencies to comment on the permit application, proposed low-effect HCP, and NEPA categorical exclusion determination documentation. Before issuing the requested ITP, we will take into consideration any information that we receive during the public comment period.
Foreign Endangered Species; Receipt of Permit Applications
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with 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.
Enhancement of Survival Permit; Agricultural Candidate Conservation Agreement With Assurances (CCAA) for Lesser Prairie Chicken in Oklahoma
We, the U.S. Fish and Wildlife Service (Service), announce the availability of an application to amend the Oklahoma Department of Wildlife Conservation's enhancement of survival permit and the associated Agricultural Candidate Conservation Agreement with Assurances (CCAA) for Lesser Prairie Chickens (LEPC) in Oklahoma. The application package includes the proposed amendment to the CCAA and a draft screening form pursuant to the National Environmental Policy Act of 1969 (NEPA).
Endangered and Threatened Species; Receipt of Recovery Permit Applications
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.
Endangered and Threatened Wildlife and Plants; Removal of 23 Extinct Species From the Lists of Endangered and Threatened Wildlife and Plants; Ivory-Billed Woodpecker; Correction
This document corrects a date in a document that reopened a comment period on a proposed rule and announced a public hearing. On January 11, 2022, we, the U.S. Fish and Wildlife Service, announced that we are reopening the public comment period on our September 30, 2021, proposal to remove 23 species from the Federal Lists of Endangered and Threatened Wildlife and Plants (List) due to extinction. We also announced a public hearing on the proposal to remove the ivory- billed woodpecker from the List and stated that the comment period reopening is only for the ivory-billed woodpecker proposed delisting. The document stated that the public hearing would take place on January 26, 2021. The correct date is January 26, 2022.
Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rules To List Graham's Beardtongue (Penstemon grahamii) and White River Beardtongue (Penstemon scariosus var. albifluvis) as Threatened Species and To Designate Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), are withdrawing our August 6, 2013, proposed rules to list Graham's beardtongue (Penstemon grahamii) and White River beardtongue (Penstemon scariosus var. albifluvis) as threatened species throughout their ranges and to designate critical habitat for these two plant species under the Endangered Species Act of 1973, as amended (Act). These withdrawals are based on our conclusion that the stressors affecting the species as identified in the proposed listing rule are not as significant as previously understood at the time of publication of that proposed rule, such that the species do not meet the Act's definition of an ``endangered species'' or of a ``threatened species.'' Our conclusion is informed by an updated analysis of new and previous information concerning current and future stressors to the species and conservation efforts for them.
Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; County of San Diego, California
We, the U.S. Fish and Wildlife Service (Service), have received an application from the Ramona Municipal Water District (applicant) for a 4-year incidental take permit for the endangered Stephens' kangaroo rat and arroyo toad pursuant to the Endangered Species Act of 1973, as amended (Act). We are requesting comments on the permit application and on the preliminary determination that the proposed habitat conservation plan (HCP) qualifies as a ``low-effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended. The basis for this determination is discussed in the environmental action statement and the associated low-effect screening form, which are also available for public review.
Endangered Species; Receipt of Recovery Permit Applications
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.
Endangered Species; Receipt of Recovery Permit Applications
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 species under the Endangered Species Act. 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.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for the New Mexico Meadow Jumping Mouse
We, the U.S. Fish and Wildlife Service, announce the availability of our draft recovery plan for the New Mexico meadow jumping mouse (Zapus hudsonius luteus). This subspecies occurs in riparian habitats in New Mexico, Arizona, and southern Colorado, and was listed as endangered in 2014 under the Endangered Species Act. We request review and comment on this draft recovery plan from local, State, and Federal agencies; Tribes; nongovernmental organizations; and the public.
Endangered and Threatened Wildlife and Plants; Removal of 23 Extinct Species From the Lists of Endangered and Threatened Wildlife and Plants; Ivory-Billed Woodpecker
We, the U.S. Fish and Wildlife Service (Service), are reopening the public comment period on our September 30, 2021, proposal to remove the ivory-billed woodpecker from the Federal Lists of Endangered and Threatened Wildlife and Plants (List) due to extinction. We are taking this action to conduct a public hearing on the proposal to remove the ivory-billed woodpecker from the List and to allow all interested parties additional time to comment on the proposed rule to delist the ivory-billed woodpecker (docket number: FWS-R4-ES-2020- 0109). Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. This comment period reopening is only for the ivory-billed woodpecker proposed delisting; we are not taking any comments in regard to the other 22 species proposed in the same rule, for which the comment periods closed on November 29, 2021.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Policy for Evaluation of Conservation Efforts When Making Listing Decisions
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.
Migratory Bird Permits; Administrative Updates to 50 CFR Parts 21 and 22
We, the U.S. Fish and Wildlife Service (Service), are renumbering, renaming, and rearranging certain subparts and sections in our regulations. These changes will provide users a more organized road map of the Service's migratory bird and eagle permit processes and improve readability of the regulations. These changes necessitate updating cross-references to the affected section numbers in other parts of our regulations. In addition, we are making several nonsubstantive, editorial revisions to correct misspellings, update internet addresses, update applicable Office of Management and Budget (OMB) control numbers, and add or update relevant family and scientific names. This rule is a purely administrative action; it does not change the species protected by, the permit requirements of, or any other requirements of the regulations.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Panama City Crayfish and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), list the Panama City crayfish (Procambarus econfinae), a terrestrial crayfish species native to Bay County, Florida, 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 4,138 acres (1,675 hectares (ha)) in Bay County, Florida, fall within eight units of critical habitat. This rule extends the Act's protections to the species and its designated critical habitat.
Endangered and Threatened Wildlife and Plants; Recovery Permit Applications
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 of 1973, as amended (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.
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