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

We, the U.S. Fish and Wildlife Service (Service), determine endangered status for two distinct population segments (DPSs) and threatened status for two DPSs of the foothill yellow-legged frog (Rana boylii), a stream-dwelling amphibian from Oregon and California. After review of the best scientific and commercial information available, we have determined endangered status for the South Sierra and South Coast DPSs and threatened status for the North Feather and Central Coast DPSs of the foothill yellow-legged frog under the Endangered Species Act of 1973 (Act), as amended. This rule adds the four DPSs to the List of Endangered and Threatened Wildlife and extends the Act's protections to these DPSs. We also finalize rules under the authority of section 4(d) of the Act for the North Feather and Central Coast DPSs that provide measures that are necessary and advisable to provide for the conservation of these two DPSs. We have determined that designation of critical habitat for the four DPSs is not determinable at this 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 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), have received three applications for incidental take permits (ITPs) for the federally threatened Morro shoulderband snail under the Endangered Species Act of 1973, as amended. Each of three applicants submitted a permit application which, if issued, would authorize take of the Morro shoulderband snail incidental to activities associated with development of a single-family residence in Los Osos, San Luis Obispo County, California. As part of the application for an ITP, each applicant submitted a draft habitat conservation plan for their respective project. For each proect, The Service prepared a draft low-effect screening form and environmental action statement in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing an ITP to each applicant for their project. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents.

We, the U.S. Fish and Wildlife Service (Service), announce findings that nine species are not warranted for listing 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 it is not warranted at this time to list the Alexander Archipelago wolf (Canis lupus ligoni), Chihuahua catfish (Ictalurus sp. 1), Cooper's cave amphipod (Stygobromus cooperi), Georgia blind salamander (Eurycea wallacei), minute cave amphipod (Stygobromus parvus), Morrison's cave amphipod (Stygobromus morrisoni), narrow-foot hygrotus diving beetle (Hygrotus diversipes), pristine crayfish (Cambarus pristinus), and Tennessee heelsplitter (Lasmigona holstonia). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.

We, the U.S. Fish and Wildlife Service (Service), propose to list three Tennessee and Cumberland River basin mussel species, the Tennessee clubshell (Pleurobema oviforme), Tennessee pigtoe (Pleuronaia barnesiana), and Cumberland moccasinshell (Medionidus conradicus), as endangered species 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 three species. After a review of the best available scientific and commercial information, we find that listing the Tennessee clubshell, Tennessee pigtoe, and Cumberland moccasinshell as endangered species is warranted. If we finalize this rule as proposed, it would extend the Act's protections to these species.

We, the U.S. Fish and Wildlife Service (Service), propose to list the salamander mussel (Simpsonaias ambigua), a freshwater mussel species from the United States (Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin) and Canada (Ontario), as an endangered species 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 salamander mussel. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the salamander mussel as an endangered species under the Act. We also propose to designate critical habitat for the salamander mussel under the Act. In total, approximately 2,012 river miles (3,238 kilometers) in Indiana, Kentucky, Michigan, Minnesota, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the salamander mussel. If we finalize this rule as proposed, it would extend the Act's protections to this species and its designated critical habitat.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Brawleys Fork crayfish (Cambarus williami), a freshwater crayfish species from Tennessee, as a threatened species and designate critical habitat 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 Brawleys Fork crayfish. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the Brawleys Fork crayfish 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 would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We also propose to designate critical habitat for the Brawleys Fork crayfish under the Act. In total, approximately 86.6 river miles (139.4 river kilometers) in Cannon, Rutherford, and Warren Counties, Tennessee, 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 Brawleys Fork crayfish.

This rule prescribes the seasons, hours, areas, and daily bag and possession limits for hunting migratory birds. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2023-24 season.

In accordance with the Paperwork Reduction Act of 1995, on March 10, 2023, we, the U.S. Fish and Wildlife Service, published a notice announcing that we are proposing to revise a currently approved information collection (IC). The notice opened a public comment period, which closed on May 9, 2023. We subsequently identified additional proposed changes to the IC that were not included in the original notice; therefore, we are now republishing the notice in full, including the original and newly identified proposed changes, and reopening the comment period.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on petitions to add five 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 bleached sandhill skipper (Polites sabuleti sinemaculata), blue tree monitor lizard (Varanus macraei), Bornean earless monitor lizard (Lanthanotus borneensis), and pinyon jay (Gymnorhinus cyanocephalus) 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 these species and factors that may affect their status. Based on the status reviews, we will issue 12-month petition findings, which will address whether or not the petitioned actions are warranted, in accordance with the Act. We further find that the petition to list the least chub (Iotichthys phlegethontis) does not present substantial information indicating the petitioned action may be warranted. Therefore, we are not initiating a status review of the least chub.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection.

The Coastal Barrier Resources Act requires the Secretary of the Interior to review the maps of the John H. Chafee Coastal Barrier Resources System (CBRS) at least once every 5 years and make any minor and technical modifications to the boundaries of the CBRS as are necessary to reflect changes that have occurred in the size or location of any unit as a result of natural forces. We, the U.S. Fish and Wildlife Service, have conducted this review for all of the CBRS units in Michigan, Minnesota, Mississippi, North Carolina, Ohio, Texas, and Wisconsin, and 10 units in South Carolina. This notice announces the findings of our review and the availability of final revised maps for 116 CBRS units in the project area, except for the North Carolina units. We did not prepare final revised maps for the North Carolina units because sufficient data was not available in some areas.

The U.S. Fish and Wildlife Service (Service or we) is establishing the final frameworks from which States may select season dates, limits, and other options for the 2023-24 migratory game bird hunting season. We annually prescribe outside limits (which we call ``frameworks'') within which States may select hunting seasons. Frameworks specify the outside dates, season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. These frameworks are necessary to allow State selections of seasons and limits and to allow harvest at levels compatible with migratory game bird population status and habitat conditions. Migratory game bird hunting seasons provide opportunities for recreation and sustenance, and aid Federal, State, and Tribal governments in the management of migratory game birds.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,636.9 acres (662.4 hectares) in Otero County, New Mexico, 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 Sacramento Mountains checkerspot butterfly.

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.

In accordance with the Marine Mammal Protection Act and its implementing regulations, we, the U.S. Fish and Wildlife Service, after consideration of comments received from the public have revised the marine mammal stock assessment reports (SARs) for the Pacific walrus (Odobenus rosmarus divergens) and for each of the three northern sea otter (Enhydra lutris kenyoni) stocks in Alaska. We now make these four final revised SARs available to the public.

We, the U.S. Fish and Wildlife Service, as the lead Federal agency, in conjunction with the U.S. Army Corps of Engineers, as a cooperating agency, announce the availability of a draft environmental assessment (EA) for the proposed Salt River Project Roosevelt Habitat Conservation Plan (RHCP) Amendment which includes a proposed planned deviation to the Corps' Water Control Manual (WCM) in Gila and Maricopa Counties, Arizona. Salt River Project (applicant) submitted the RHCP amendment, also available for public review, in support of an application for an amended incidental take permit (permit) under the Endangered Species Act. Prepared in accordance with the requirements of the National Environmental Policy Act, the draft EA evaluates the impacts of, and alternatives to, amending the existing permit for the operation of the Modified Roosevelt Dam and Lake. If approved, the requested permit amendment would authorize incidental take of the northern Mexican gartersnake and expand the permit area for existing authorized incidental take for the yellow-billed cuckoo, southwestern willow flycatcher, and bald eagle. We invite comments from the public and Federal, Tribal, State, and local governments.