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

We, the U.S. Fish and Wildlife Service (USFWS or Service), propose to establish a nonessential experimental population (NEP) of the grizzly bear (Ursus arctos horribilis) within the U.S. portion of the North Cascades Ecosystem (NCE) in the State of Washington under section 10(j) of the Endangered Species Act of 1973, as amended (Act or ESA). Establishment of this NEP is intended to support reintroduction and recovery of grizzly bears within the NCE and provide the prohibitions and exceptions under the Act necessary and appropriate to conserve the species within a defined NEP area. The proposed NEP area includes most of the State of Washington except for an area in northeastern Washington that encompasses the Selkirk Ecosystem Grizzly Bear Recovery Zone. The best available data indicate that reintroduction of the grizzly bear to the NCE, within the NEP area, is biologically feasible and will promote the conservation of the species. We are seeking comments on this proposed section 10(j) rule.

We, the U.S. Fish and Wildlife Service (Service), reclassify the relict darter (Etheostoma chienense) from endangered to threatened under the Endangered Species Act of 1973 (Act), as amended. The relict darter is a fish species that occupies the Bayou de Chien stream system in western Kentucky. This action is based on a thorough review of the best available scientific and commercial information, which indicates that relict darter 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 relict darter.

We, the U.S. Fish and Wildlife Service, have received an application for a permit 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 this application. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.

We, the U.S. Fish and Wildlife Service (Service), notify the public that we are requesting new information to develop a species status assessment (SSA) for the Northern California-Southern Oregon (NCSO) distinct population segment (DPS) of fisher (Pekania pennanti). We plan to initiate a status review to determine whether the NCSO DPS of fisher is warranted for listing as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). We request new information since 2019 regarding the NCSO DPS of fisher to inform our SSA. Per a court-approved settlement agreement, we will submit a new final listing determination to the Federal Register on or before August 21, 2025.

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), propose to list the Miami cave crayfish (Procambarus milleri), a crayfish species from Miami-Dade County, Florida, as a threatened 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 Miami cave 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 Miami cave crayfish as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this proposed rule, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a final environmental impact statement (EIS) and draft record of decision (ROD) under the National Environmental Policy Act of 1969, as amended, for our intended action of establishing a nonessential experimental population (NEP) of the gray wolf (Canis lupus) in the State of Colorado. 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 under section 10(j) of the Endangered Species Act of 1973, as amended, would provide for allowable, legal, purposeful, and incidental take of the gray wolf within the State of Colorado, while also providing for the conservation of the species. In the FEIS, we analyzed the environmental consequences of a range of alternatives for our proposed rule. The action would be implemented through a final rule.

We, the U.S. Fish and Wildlife Service (Service), are making available for public comment our proposed updated planning policies, 602 FW 1-4, for the National Wildlife Refuge System (Refuge System). The purpose of these policy updates is to modernize the Refuge System's refuge management by incorporating landscape conservation plans and consideration of climate change and other anthropogenic forces in refuge management.

We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan (CCP) and draft environmental assessment (EA) for San Luis and Merced National Wildlife Refuges and the Grasslands Wildlife Management Area (collectively, the refuges) for review and comment. The draft CCP/EA, prepared under the National Wildlife Refuge Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, describes how the Service proposes to manage the refuges for the next 15 years. Draft compatibility determinations for multiple existing and proposed uses, a revised hunt plan, and a visitor services plan are also available for review and public comment. We invite comment from the public and local, State, Tribal, and Federal agencies.

As part of the rulemaking process for the 2023-2024 season for migratory game bird hunting, the U.S. Fish and Wildlife Service (hereinafter, Service or we) has revised the process for establishing regulations for certain Tribes on Federal Indian reservations, off- reservation trust lands, and ceded lands. The Service recognizes Tribal treaty rights and the reserved hunting rights and management authority of Indian Tribes and seeks to strengthen Tribal sovereignty. We will no longer require that Tribes annually submit a proposal to the Service for our review and approval and no longer publish in the Federal Register the annual Tribal migratory bird hunting regulations. Instead, the regulations now include elements of our current guidelines for establishing migratory game bird hunting regulations on Federal Indian reservations (including off-reservation trust lands) and ceded lands. Since 1985, Tribal migratory bird harvest has been small with negligible impact to bird population status, and we anticipate that Tribal hunting of migratory birds will continue to have similar negligible impacts to bird populations in the future. This rule will reduce administrative burdens on both the Tribes and the Service while continuing to sustain healthy migratory game bird populations for future generations.