Fish and Wildlife Service May 2024 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the dunes sagebrush lizard (Sceloporus arenicolus), a lizard species found only in southeastern New Mexico and west Texas. This rule extends the protections of the Act to this species. Because we have concluded that the designation of critical habitat for the dunes sagebrush lizard is prudent but not determinable at this time, we will consider critical habitat for the species in a separate, future rulemaking.

We, the U.S. Fish and Wildlife Service, invite the public to comment on an application to conduct certain activities with a foreign species that is 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 activity. 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), promulgate new regulations pertaining to wetland easements to bring consistency, transparency, and clarity for both easement landowners and the Service in the administration of conservation easements, pursuant to the National Wildlife Refuge Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997. These regulations codify the process by which landowners can request and the Service will provide drain tile setbacks under wetland easement contracts. Under these regulations, if landowners fully comply with Service-provided setbacks when installing drain tile and do not later replace or modify the drain tile, the Service grants the landowners a safe harbor from legal action in the event that the setback drain tile nevertheless results in the draining of an easement wetland. Setback distances are calculated based upon the best available science considering soil characteristics, tile diameter, the depth of the tile below the surface, and/or topography sufficient to the easement contract's standard of protection that ensures no drainage of adjacent protected wetland areas. The regulations apply only to setbacks provided by the Service beginning on the effective date of this final rule.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Nucor Steel Florida, Inc. (applicant) for a renewal of an incidental take permit (ITP) under the Endangered Species Act. If granted, the renewed ITP would authorize take of the federally listed sand skink (Neoseps reynoldsi) and blue-tailed mole skink (Eumeces egregious lividus) incidental to the construction of a metal recycling steel plant. The applicant requests the renewal of the ITP to extend the expiration date for 3 additional years in Polk County, Florida. There is no request for additional take or increases in development levels. The proposed time extension maintains the existing levels of take, but would extend the covered activities out to April 19, 2027, instead of April 19, 2024. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this ITP renewal qualifies as low- effect, categorically excluded, under the National Environmental Policy Act. To make this determination, we used our 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.

The Department of the Interior (DOI) is issuing a public notice of its intent to rescind six U.S. Fish and Wildlife Service (FWS) Privacy Act systems of records notices (SORNs), INTERIOR/FWS-5, National Wildlife Refuge Special Use Permits, INTERIOR/FWS-7, Water Development Project and/or Effluent Discharge Permit Application Review, INTERIOR/FWS-10, National Fish Hatchery Special Use Permits, INTERIOR/FWS-20, Investigative Case File System, INTERIOR/FWS-22, U.S. Deputy Game Warden, and INTERIOR/FWS-30, Marine Mammals Management, Marking, Tagging and Reporting Program. These SORNs have been superseded by a Department-wide or FWS SORN. This rescindment will eliminate unnecessary duplicate notices and promote the overall streamlining and management of DOI Privacy Act systems of records.

We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from the City and Borough of Sitka, Alaska, propose to authorize nonlethal, incidental take by harassment of small numbers of Southeast Alaska stock of northern sea otters (Enhydra lutris kenyoni) between July 1, 2024, and July 1, 2025. The applicant requested this authorization for take by harassment that may result from activities associated with construction of a seaplane base in Sitka Channel, Sitka, Alaska. We estimate that this project may result in the nonlethal, incidental take by harassment of up to 36 sea otters from the Southeast Alaska stock. This proposed authorization, if finalized, will be for up to 36 takes of sea otters by Level B harassment only. No take by injury or mortality is requested, expected, or proposed to be authorized.

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.

The U.S. Fish and Wildlife Service (Service or we) announces that we are extending the Kodiak Island Roaded Area experimental season for subsistence migratory bird hunting and egg gathering by registration permit for 1 year (through the spring-summer subsistence harvest season [hereafter, "season"] in 2024). As set forth in a 2021 final rule, this experimental season began in the 2021 season and was set to terminate at the end of the 2023 season. However, we are extending the experimental season to provide subsistence harvest opportunity for an additional year while an evaluation of harvest data from the first 3 years of the experimental season is completed and a long-term plan is developed. Extending the experimental season requires no revision of the regulations pertaining to subsistence harvest of migratory birds in Alaska; we are issuing this document solely for the purpose of public information.

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.