Fish and Wildlife Service December 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.