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

We, the U.S. Fish and Wildlife Service (Service), expand hunting opportunities on three National Wildlife Refuges (NWRs). We also make changes to existing station-specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain language standards. Finally, the best available science, analyzed as part of this rulemaking, indicates that lead ammunition and tackle have negative impacts on both wildlife and human health. In this rule, Blackwater, Chincoteague, Eastern Neck, Erie, Great Thicket, Patuxent Research Refuge, Rachel Carson, and Wallops Island NWRs each adopt a non-lead requirement, which will take effect on September 1, 2026. While the Service continues to evaluate the future of lead use in hunting and fishing on Service lands and waters, this rulemaking does not include any opportunities increasing or authorizing the new use of lead beyond fall 2026.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Hector Aponte (2098 Laredo Drive) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction of a single-family home in Volusia 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 Fish and Wildlife Service (Service), announce receipt of an application from Founders Ridge Development, LLC and Founders Ridge Development II, LLC (Minneola Town Center) (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take federally listed Florida scrub-jays (Aphelocoma coerulescens) and sand skinks (Neoseps reynoldsi) incidental to the construction of a mixed-use development in Lake 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.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew, without change, a currently approved information collection.

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 the availability of a draft general conservation plan (GCP), as well as an associated draft categorical exclusion (CatEx), for development activities in Santa Cruz County, California. The Service developed the GCP in accordance with the Endangered Species Act to provide a streamlined mechanism for proponents engaged in activities associated with residential development and associated infrastructure, construction and maintenance on public lands, and habitat restoration, to meet statutory and regulatory requirements while promoting conservation of the California red-legged frog, California tiger salamander, and Santa Cruz long-toed salamander. The Service also prepared the draft CatEx in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing permits under the GCP. We invite comment on these documents from agencies, Tribes, and the public.

We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing 21 species from the Federal List of Endangered and Threatened Wildlife due to extinction. This action is based on a review of the best available scientific and commercial information, which indicates that these species are no longer extant and, as such, no longer meet the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended (Act).

We, the U.S. Fish and Wildlife Service (Service), announce two 90-day findings on petitions to reclassify the West Indian manatee (Trichechus manatus), or populations thereof, under the Endangered Species Act of 1973, as amended (Act). Two valid subspecies of the West Indian manatee, the Florida manatee (Trichechus manatus latirostris) and Antillean manatee (Trichechus manatus manatus), are currently protected under the Act as part of the threatened West Indian manatee species-level listing. One petition requests the Puerto Rico population of the Antillean manatee be listed as an endangered distinct population segment (DPS) and critical habitat be designated for this entity under the Act. The second petition requests to reclassify the West Indian manatee, including its subspecies the Antillean manatee and Florida manatee, as endangered species under the Act. Based on our review, we find that the petitions 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 West Indian manatee throughout its range, including information specific to the Puerto Rico population of Antillean manatee, and factors that may affect their status. 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.

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.

We, the U.S. Fish and Wildlife Service (USFWS), are revising the regulations for the nonessential experimental population of the black-footed ferret (Mustela nigripes; ferret) in Arizona. We established the Aubrey Valley Experimental Population Area (AVEPA) in 1996 in accordance with section 10(j) of the Endangered Species Act of 1973, as amended (ESA). This rule allows the introduction of ferrets across a larger landscape as part of a nonessential experimental population and includes the AVEPA within a larger ``Southwest Experimental Population Area'' (SWEPA), which includes parts of Arizona and identified contiguous Tribal lands in New Mexico and Utah. This revision provides a framework for establishing and managing reintroduced populations of ferrets that will allow greater management flexibility and increased landowner and manager cooperation. The best available data indicate that additional reintroductions of the ferret into more widely distributed habitat in the SWEPA is feasible and will promote the conservation of the species.

We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.

We, the U.S. Fish and Wildlife Service (Service), propose to list the northwestern pond turtle (Actinemys marmorata), a species from Washington, Oregon, Nevada, and northern and central California, and the southwestern pond turtle (Actinemys pallida), a species from central and southern California and Baja California, Mexico, as 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 western pond turtle, which is now recognized as two separate species (northwestern pond turtle and southwestern pond turtle). After a review of the best scientific and commercial information available, we find that listing the northwestern pond turtle and southwestern pond turtle is warranted. Accordingly, we propose to list the northwestern pond turtle and southwestern pond turtle as threatened species with rules issued under section 4(d) of the Act (``4(d) rule'') for each species. If we finalize this rule as proposed, it would add the northwestern pond turtle and southwestern pond turtle to the List of Endangered and Threatened Wildlife and extend the Act's protections to the two species. Due to the current lack of data sufficient to perform required analyses, we conclude that the designation of critical habitat for the northwestern pond turtle and southwestern pond turtle is not determinable at this time.

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