Fish and Wildlife Service March 2023 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final environmental impact statement/environmental impact report (FEIS/EIR) for the Tijuana Estuary Tidal Restoration Program II Phase I project. The FEIS/EIR was prepared jointly by the Service and the California Department of Parks and Recreation to satisfy the requirements of the National Environmental Policy Act (NEPA) and California Environmental Quality Act, respectively. The U.S. Army Corps of Engineers is participating in the NEPA process as a cooperating agency. The FEIS/EIR evaluates the environmental consequences of restoring 82 to 87 acres of native coastal wetlands and uplands within the Tijuana River National Estuarine Research Reserve on portions of both the Tijuana Slough National Wildlife Refuge and Border Field State Park, in San Diego County, California.

We, the U.S. Fish and Wildlife Service (Service), are listing the Egyptian tortoise (Testudo kleinmanni; syn. Testudo werneri), a terrestrial tortoise from Libya, Egypt, and Israel, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973 (Act), as amended. The rule issued under section 4(d) of the Act provides measures that are necessary and advisable to provide for the conservation of this species.

In accordance with the Marine Mammal Protection Act of 1972, as amended, we, the U.S. Fish and Wildlife Service, after consideration of comments received from the public, have revised the marine mammal stock assessment reports (SAR) for two West Indian manatee stocks, the Florida manatee stock (Trichechus manatus latirostris) and the Puerto Rico stock of the Antillean manatee (Trichechus manatus manatus). We now make both final revised SARs available to the public.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for 12 federally endangered species on the island of Hawai[revaps]i under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 122,277 acres (49,484 hectares) on the island of Hawai[revaps]i, in the State of Hawaii, fall within the boundaries of the proposed critical habitat designation. We announce a public informational meeting and public hearing on, and the availability of a draft economic analysis for, this proposed designation. In addition, we announce our determination that designation of critical habitat is not prudent for two federally endangered species on the island of Hawai[revaps]i under the Act.

The U.S. Department of the Interior and Department of Agriculture are seeking member nominations to the Hunting and Wildlife Conservation Council (Council) to fill one vacancy for a representative from a State fish and wildlife management agency. The Council provides recommendations to the Federal Government, through the Secretary of the Interior and the Secretary of Agriculture, regarding the establishment and implementation of existing and proposed policies and authorities with regard to wildlife and habitat conservation endeavors that benefit wildlife resources; encourage partnership among the public, sporting conservation organizations, wildlife-associated recreation interests, and Federal, State, Tribal, and territorial governments; and benefit fair-chase recreational hunting and safe recreational shooting sports.

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.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Forestar (USA) Real Estate Group (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally threatened Audubon's crested caracara (Polyborus plancus audubonii), a raptor, incidental to the construction of a proposed residential development in Brevard County, Florida. 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.

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, 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.

We, the U.S. Fish and Wildlife Service, are reopening the public comment period on our January 27, 2023, notice that announced our draft environmental assessment evaluating an incidental take permit (ITP) application received from Consumers Energy Company (applicant). The ITP application includes the Crescent Wind Project Habitat Conservation Plan, which is also under review. The applicant is requesting incidental take coverage of the Indiana bat and the northern long-eared bat. We invite comment from the public and local, State, Tribal, and Federal agencies. Comments previously submitted need not be resubmitted, because they will be fully considered.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Texas heelsplitter (Potamilus amphichaenus) as an endangered species and the Louisiana pigtoe (Pleurobema riddellii) as a threatened species under the Endangered Species Act of 1973, as amended (Act). Both species are freshwater mussels. This document serves as our 12- month finding on a petition to list the Texas heelsplitter and Louisiana pigtoe. For the Louisiana pigtoe, we also propose a rule issued under section 4(d) of the Act (a ``4(d) rule'') to provide for the conservation of the species. In addition, we propose to designate critical habitat for the Texas heelsplitter and Louisiana pigtoe under the Act. In total, approximately 831.8 river miles (1,338.6 river kilometers) in 31 counties in Texas fall within the boundaries of the proposed critical habitat designation for the Texas heelsplitter, and approximately 1,028.2 river miles (1,654.3 river kilometers) in 3 counties in Arkansas, 6 parishes in Louisiana, 2 counties in Mississippi, 1 county in Oklahoma, and 21 counties in Texas fall within the boundaries of the proposed critical habitat designation for the Louisiana pigtoe. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Texas heelsplitter and Louisiana pigtoe. Finally, we announce an informational meeting followed by a public hearing on this proposed rule. If we finalize this rule as proposed, it would extend the Act's protections to these species and their critical habitats.

In accordance with the Paperwork Reduction Act, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection without change.

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.

Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Interior (DOI) is issuing a public notice of its intent to modify all U.S. Fish and Wildlife Service (FWS) system of records notices (SORNs). FWS is modifying its 11 system of records to add 2 breach routine uses to authorize the limited disclosure of records related to a suspected or confirmed breach of personally identifiable information (PII) within the DOI or assist another agency respond to their breach in accordance with Office of Management and Budget (OMB) Memorandum M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information.

We, the U.S. Fish and Wildlife Service, are conducting a 5- year status review of the Mexican wolf under the Endangered Species Act. A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information that has become available since the last review for the species.

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.

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.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list Joshua trees (Yucca brevifolia and Y. jaegeriana) as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that listing Joshua trees as endangered or threatened species is not warranted. However, we ask the public to submit to us any new information that becomes available concerning the threats to the Joshua trees or their habitat at any time.

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.

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.

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 Upper Coosa River distinct population segment (DPS) of the frecklebelly madtom (Noturus munitus), a fish species. We are also finalizing a rule under section 4(d) of the Act to provide for conservation of the species. In addition, we designate critical habitat for the Upper Coosa River DPS under the Act. In total, approximately 134 river miles (216 kilometers) in Georgia and Tennessee fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat.