Fish and Wildlife Service February 2023 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Wildlife and Plants; Endangered Species Status for Prostrate Milkweed and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), are listing the prostrate milkweed (Asclepias prostrata), a plant species from Texas, as an endangered species and designating critical habitat under the Endangered Species Act of 1973, as amended (Act). We are designating approximately 661.0 acres (267.5 hectares) in Starr and Zapata Counties, Texas, as critical habitat for the prostrate milkweed under the Act. This rule adds this species to the List of Endangered and Threatened Plants and extends the Act's protections to the species and its designated critical habitat.
Agency Information Collection Activities; North American Woodcock Singing Ground Survey
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 without change.
Subsistence Management Regulations for Public Lands in Alaska-2024-25 and 2025-26 Subsistence Taking of Wildlife Regulations
This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, and methods and means related to taking of wildlife for subsistence uses during the 2024-25 and 2025-26 regulatory years. The Federal Subsistence Board (Board) is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This proposed rule could also amend the general regulations on subsistence taking of fish and wildlife.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt
We, the U.S. Fish and Wildlife Service (Service), are reopening the public comment period on our October 7, 2022, proposed rule to list the San Francisco Bay-Delta distinct population segment (DPS) of longfin smelt (Spirinchus thaleichthys) (Bay-Delta longfin smelt), a fish species of the Pacific Coast, as an endangered species under the Endangered Species Act of 1973, as amended (Act). We are taking this action to conduct a public hearing and allow all interested parties additional time to comment on the proposal to list the Bay-Delta longfin smelt as endangered. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.
Endangered Species; 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 any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Intent To Prepare a Comprehensive Conservation Plan for Bear River Migratory Bird Refuge, Box Elder County, UT, and Bear River Watershed Conservation Area in UT, ID, and WY
The U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a comprehensive conservation plan (CCP) for Bear River Migratory Bird Refuge and Bear River Watershed Conservation Area, pursuant to the National Environmental Policy Act of 1969 and its implementing regulations. The Service provides this notice in compliance with the Service's CCP policy to advise other Federal and State agencies, Native American Tribes, and the public of intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process.
Byron Sand Mine Evo East Quarry Expansion, Contra Costa County, California; Draft Categorical Exclusion and Draft Habitat Conservation Plan
We, the U.S. Fish and Wildlife Service (Service), announce the receipt of an application from G3 enterprises (applicant) for an incidental take permit (ITP) under the Endangered Species Act (ESA).The applicant requests an ITP to take the San Joaquin kit fox, the Central Valley distinct population segment of the California tiger salamander, the California red-legged frog, and the vernal pool fairy shrimp, incidental to the construction of the Byron Sand Mine Evo East Quarry Expansion Project in Contra Costa County, California. 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.
Endangered and Threatened Wildlife and Plants; California Spotted Owl; Endangered Status for the Coastal-Southern California Distinct Population Segment and Threatened Status With Section 4(d) Rule for the Sierra Nevada Distinct Population Segment
We, the U.S. Fish and Wildlife Service (Service), propose to list two distinct population segments (DPSs) of the California spotted owl (Strix occidentalis occidentalis), a bird species from California and Nevada, under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the California spotted owl. After a review of the best available scientific and commercial information, we find that listing the Coastal-Southern California DPS as endangered is warranted, and that listing the Sierra Nevada DPS as threatened is warranted. Accordingly, we propose to list the Coastal-Southern California DPS as an endangered species under the Act and the Sierra Nevada DPS as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it will add these two DPSs to the List of Endangered and Threatened Wildlife and extend the Act's protections to them.
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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Eastern Indigo Snake; Decatur County, GA; Categorical Exclusion
We, the Fish and Wildlife Service (Service), announce receipt of an application from Tri-State Solar Project, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed threatened eastern indigo snake (Drymarchon couperi) incidental to the construction and operation of a solar facility in Decatur County, Georgia. 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Wind Energy Condor Action Team Projects, Kern County, CA; Incidental Take Permit Application and Draft Conservation Plan; Draft Environmental Assessment
We, the U.S. Fish and Wildlife Service, have received an application from the Wind Energy Condor Action Team (WECAT) for an incidental take permit under the Endangered Species Act. The permit, if granted, would authorize take of the federally endangered California condor (Gymnogyps californianus), incidental to otherwise lawful activities associated with the operation of WECAT members' separate wind energy projects. Available for comment are the draft conservation plan that WECAT prepared in support of their application, and a draft environmental assessment, which we have prepared pursuant to the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments. We will take comments into consideration before deciding whether to issue an incidental take permit.
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 of 1973. 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; Establishment of a Nonessential Experimental Population of the Gray Wolf in Colorado
We, the U.S. Fish and Wildlife Service (Service), propose to establish a nonessential experimental population (NEP) of the gray wolf (Canis lupus) in the State of Colorado, under section 10(j) of the Endangered Species Act of 1973, as amended (Act). The State of Colorado (Colorado Parks and Wildlife or CPW) requested that the Service establish an NEP in conjunction with their State-led gray wolf reintroduction effort. Establishment of this NEP would provide for allowable, legal, purposeful, and incidental taking of the gray wolf within a defined NEP area while concurrently providing for the conservation of the species. The geographic boundaries of the NEP would include the State of Colorado. The best available data indicate that reintroduction of the gray wolf into Colorado is biologically feasible and will promote the conservation of the species. We are seeking comments on this proposal and on our associated draft environmental impact statement (DEIS), prepared pursuant to the National Environmental Policy Act of 1969, as amended, which describes the potential alternatives for providing a regulatory framework for the State's reintroduction.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for the Southern Beaufort Sea Stock of Polar Bears in the Prudhoe Bay Unit of the North Slope of Alaska
We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from BP America Production Company, propose to authorize nonlethal incidental take by harassment of small numbers of Southern Beaufort Sea (SBS) polar bears (Ursus maritimus) between issuance and December 14, 2023. The applicant requested this authorization for take by harassment that may result from activities associated with closure, remediation, and rehabilitation of the Foggy Island Bay State No. 1 gravel pad in the Prudhoe Bay area of the North Slope of Alaska. We estimate that this project may result in the nonlethal incidental take by harassment of up to three SBS polar bears. This proposed authorization, if finalized, will be for up to three takes of polar bears by Level B harassment only. No take by injury or mortality is requested, expected, or proposed to be authorized.
Theodore Roosevelt Genius Prize Advisory Council Meeting
The U.S. Fish and Wildlife Service gives notice of a teleconference/web meeting of the Theodore Roosevelt Genius Prize Advisory Council, in accordance with the Federal Advisory Committee Act.
Endangered and Threatened Wildlife and Plants; Removal of the Southeast U.S. Distinct Population Segment of the Wood Stork From the List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), propose to remove the Southeast U.S. distinct population segment (DPS) of the wood stork (Mycteria americana) from the Federal List of Endangered and Threatened Wildlife due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that this wood stork DPS has recovered and the threats to it are being adequately managed such that the DPS no longer meets the definition of an endangered species or threatened species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, the prohibitions and conservation measures provided by the Act, particularly through section 7, and our regulations would no longer apply to the wood stork DPS. We are seeking information and comments from the public regarding this proposed rule.
Agency Information Collection Activities; CITES Masters Course
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 Office of Management and Budget (OMB) approval.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; U.S. Fish and Wildlife Service Bison Donations Request Program
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 Office of Management and Budget (OMB) approval.
Agency Information Collection Activities; Injurious Wildlife; Importation Certification for Live Fish and Fish Eggs
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 with revisions.
Endangered Species; Receipt of Recovery Permit Application
We, the U.S. Fish and Wildlife Service, have received an application for a permit to conduct activities intended to enhance the propagation and survival of an endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on this application. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.
Application for an Enhancement of Survival Permit; N.M. Ranch Properties, Inc (Armendaris Ranch) Bolson Tortoise Safe Harbor Agreement; Socorro and Sierra Counties, New Mexico
We, the U.S. Fish and Wildlife Service (Service), have prepared a draft environmental assessment (EA) on the proposed N.M. Ranch Properties, Inc. (Armendaris Ranch) Bolson Tortoise Safe Harbor Agreement (SHA) in Socorro and Sierra Counties, New Mexico. New Mexico Ranch Properties, Inc (applicant) submitted the SHA in support of an application for an enhancement of survival permit (permit) under the Endangered Species Act. If approved, the requested permit would authorize incidental take of the Bolson tortoise that would allow a return to the baseline population condition (i.e., zero free ranging tortoises/zero baseline) at the conclusion of the permit or sooner. Conservation and management activities for the Bolson tortoise are integral to meeting the SHA's net conservation benefit standard as well as ongoing and future activities on the enrolled property during the 50-year permit term. With this notice, we announce the availability for public comment of the SHA application, as well as the draft environmental assessment (EA), which has been prepared in accordance with the requirements of the National Environmental Policy Act (NEPA).
Agency Information Collection Activities; Horseshoe Crab and Cooperative Fish Tagging Programs
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.
Endangered and Threatened Wildlife and Plants; Enhancement of Survival and Incidental Take Permits
We, the U.S. Fish Wildlife Service (Service), propose to revise the regulations concerning the issuance of enhancement of survival and incidental take permits under the Endangered Species Act of 1973, as amended. The purposes of these revisions are to clarify the appropriate use of enhancement of survival permits and incidental take permits; clarify our authority to issue these permits for non-listed species without also including a listed species; simplify the requirements for enhancement of survival permits by combining safe harbor agreements and candidate conservation agreements with assurances into one agreement type; and include portions of our five-point policies for safe harbor agreements, candidate conservation agreements with assurances, and habitat conservation plans in the regulations to reduce uncertainty. We also propose to make technical and administrative revisions to the regulations. The proposed regulatory changes are intended to reduce costs and time associated with negotiating and developing the required documents to support the applications. We anticipate that these improvements will encourage more individuals and companies to engage in these voluntary programs, thereby generating greater conservation results overall.
Agency Information Collection Activities; Northeast Region Hunter Participation Surveys
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection.
Agency Information Collection Activities; Implementing Regulations for Petitions
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 without revisions.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Lenape National Wildlife Refuge Complex Mentored Hunt Application
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 (OMB) control number.
Environmental Assessment for a Right-of-Way Application on the Arctic National Wildlife Refuge; Extension of Time for Completion
In compliance with the National Environmental Policy Act and the Alaska National Interest Lands Conservation Act, we, the U.S. Fish and Wildlife Service, are preparing an environmental assessment for a wintertime access to inholdings right-of-way (ROW) application that we have received from Kaktovik Inupiat Corporation. The application is for an ROW across the Arctic National Wildlife Refuge. Due to the complexity of the project, we are announcing our need to extend the timeframe for completing the EA.
Marine Mammal Protection Act; Draft Stock Assessment Reports for the Pacific Walrus Stock and Three Northern Sea Otter Stocks in Alaska
In accordance with the Marine Mammal Protection Act and its implementing regulations, we, the U.S. Fish and Wildlife Service, have developed draft revised marine mammal stock assessment reports (SAR) for the Pacific walrus (Odobenus rosmarus divergens) and for each of the three northern sea otter (Enhydra lutris kenyoni) stocks in Alaska. We invite comments on the four SARs from the public and from Federal, tribal, state, and local governments.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Great Pathfinder Wind Project, Hamilton and Boone Counties, Iowa; Categorical Exclusion
We, the U.S. Fish and Wildlife Service, have received an application from Great Pathfinder Wind LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act. If approved, the ITP would be for a 6-year period and would authorize the incidental take of two endangered species, the Indiana bat and the northern long-eared bat. The applicant has prepared a habitat conservation plan (HCP) 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.
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Three Petitions To Delist the Grizzly Bear in the Lower-48 States
We, the U.S. Fish and Wildlife Service (Service), announce three 90-day findings on petitions to delist the grizzly bear in the lower-48 States (Ursus arctos horribilis) under the Endangered Species Act of 1973, as amended (Act). One petition requests delisting the grizzly bear in the lower-48 States, and the other two petitions request delisting populations in two specific ecosystems, the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE). Based on our review, we find that the petitions pertaining to the two ecosystems 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 plan to initiate a status review to determine whether the petitioned actions are warranted. To ensure that the status review is comprehensive, we are requesting new scientific and commercial data and other information regarding the grizzly bear in the NCDE and GYE and factors that may affect its status in those ecosystems, including the adequacy of existing regulatory mechanisms to address threats now and in the foreseeable future. Based on the status review, we will issue a 12-month petition finding, which will address whether or not the petitioned actions are warranted, in accordance with the Act. If we ultimately do find that one or more of the petitioned actions is warranted and proceed to propose to delist one or more distinct population segments (DPSs), we will consider the effects of any proposed delisting on the ongoing recovery of the larger listed entity of grizzly bears. We also found that a petition to delist the grizzly bear in the lower-48 states on the basis of it not being a valid listable entity did not present substantial scientific or commercial information indicating that the petitioned actions may be warranted; therefore, we will take no further action on that petition.
Endangered and Threatened Wildlife and Plants; Technical Corrections for 62 Wildlife and Plant Species on the Lists of Endangered and Threatened Wildlife and Plants
We, the U.S. Fish and Wildlife Service (Service), announce technical corrections for 62 wildlife and plant species under the Endangered Species Act of 1973, as amended (Act). These corrections include changes to scientific names of 11 wildlife species and 14 plant species due to taxonomic reclassification; changes to common names of 21 wildlife species and 13 plant species; and corrections to errors in scientific or common names, listing citations, or taxonomic heading placement for 4 wildlife species and 14 plant species. We are revising the List of Endangered and Threatened Wildlife and the List of Endangered and Threatened Plants (``the Lists'') to reflect the current scientifically accepted taxonomy and nomenclature of these species that occur in Idaho and the Pacific islands.
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