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

In accordance with the Paperwork Reduction Act, on May 17, 2022, we, the U.S. Fish and Wildlife Service, published a notice announcing that we are proposing to renew an existing information collection with revisions. The notice opened a public comment period, which closed on July 18, 2022. Because we have additional proposed changes, we are now republishing the notice and reopening the comment period.

We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the emperor penguin (Aptenodytes forsteri), a flightless bird species from Antarctica. This rule adds the species to the List of Endangered and Threatened Wildlife. We also finalize a rule issued under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this species.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on petitions to add four species to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions to list the southern population of bog turtle (Glyptemys muhlenbergii), Pedernales River Springs salamander (Eurycea species 1.), ghost orchid (Dendrophylax lindenii), and tall western penstemon (Penstemon hesperius) 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 are initiating status reviews of these species to determine whether the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we request 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 the petitioned actions are warranted, in accordance with the Act.

We, the U.S. Fish and Wildlife Service (Service), announce 12- month findings on a petition to list the Kern Plateau salamander (Batrachoseps robustus), the Kern Canyon slender salamander (Batrachoseps simatus), and the relictual slender salamander (Batrachoseps relictus), three salamander species from the southern Sierra Nevada Mountains in California, under the Endangered Species Act of 1973, as amended (Act). We find that listing the Kern Canyon slender salamander and the relictual slender salamander is warranted. Accordingly, we propose to list the Kern Canyon slender salamander as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''), and we propose to list the relictual slender salamander as an endangered species. We also propose to designate critical habitat under the Act for both of these species in Kern County, California. For the Kern Canyon slender salamander, approximately 2,051 acres (ac) (830 hectares (ha)) fall within the boundaries of the proposed critical habitat designation, and for the relictual slender salamander, approximately 2,685 ac (1,087 ha) fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis (DEA) of the proposed designations of critical habitat for the Kern Canyon slender salamander and the relictual slender salamander. After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Kern Plateau salamander. We ask the public to submit to us at any time new information relevant to the status of the Kern Plateau salamander or its habitat.

We, the U.S. Fish and Wildlife Service (Service), propose 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) under the Endangered Species Act (Act). In total, approximately 1,462 acres (592 hectares) for Big Pine partridge pea and approximately 1,379 acres (558 hectares) for wedge spurge, in Monroe County, Florida, and approximately 5,090 acres (2,060 hectares) for sand flax and 16,635 acres (6,732 hectares) for Blodgett's silverbush in Miami-Dade and Monroe Counties, Florida, fall within the boundaries of the proposed critical habitat designations. If we finalize this rule as proposed, it would extend the Act's protections to the species' critical habitat. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for these four plant species.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) has established the Lost Trail Conservation Area (LTCA), the 568th unit of the National Wildlife Refuge System. The Service established LTCA on July 13, 2022, with the purchase of a 38,052-acre conservation easement in Flathead and Lincoln counties, Montana.

We, the U.S. Fish and Wildlife Service, have received an application from Weyerhaeuser Timber Holdings, Inc., for an enhancement of survival permit (permit) pursuant to the Endangered Species Act. If granted, the permit would authorize incidental take of the marbled murrelet, associated with forest management actions on private lands. The application includes a draft safe harbor agreement (SHA), which describes the actions the applicant will take to achieve a net conservation benefit for the marbled murrelet within its range on enrolled lands in Washington. We announce the availability of a draft environmental assessment addressing the SHA and permit application. We invite comments from all interested parties.

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.

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 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 Spring Mountain Raceway and Motor Resort has applied for an ITP under the ESA for their HCP for a 56-acre go-kart project in Nye County, Nevada. The ITP would authorize the take of Mojave desert tortoise (Gopherus agassizii) incidental to 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.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Louisiana pinesnake (Pituophis ruthveni) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 209,520 acres (84,790 hectares) in Bienville, Grant, Rapides, and Vernon parishes, Louisiana, and in Newton, Angelina, and Jasper Counties, Texas, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Louisiana pinesnake.

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.