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

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.

We, the U.S. Fish and Wildlife Service (Service), are making available for public comment our draft Alaska Native Relations policy. The purpose of this policy is to build on the Service's existing Native American policy by providing additional clarity for employees on the Service's relationships with Tribes in Alaska, Alaska Native organizations, and Alaska Native corporations. We invite comments on the draft policy from State and Federal government agencies, federally recognized Tribal governments, inter-Tribal organizations, non- federally recognized Tribal governments, Alaska Native corporations, and the general public.

We, the U.S. Fish and Wildlife Service (Service), are seeking public comment on how recent case law on the Service's significant portion of the range (SPR) policy and the plain language of the Endangered Species Act (Act) may affect our February 26, 2019, final rule designating the northern distinct population segment (DPS) of the southern subspecies of scarlet macaw (Ara macao macao), as a threatened species under the Endangered Species Act of 1973, as amended (Act).

The United States, as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), will attend the nineteenth regular meeting of the Conference of the Parties to CITES (CoP19) in Panama City, Panama, November 14-25, 2022. This notice announces the availability of tentative U.S. negotiating positions on proposed resolutions, decisions, and amendments to the CITES Appendices (species proposals), as well as other agenda items that have been submitted by other Parties, the permanent CITES committees, and the CITES Secretariat for consideration at CoP19. With this notice, we announce that prior to CoP19 we will make available a summary of our proposed negotiating positions and the reasons for our proposed positions.