Fish and Wildlife Service – Federal Register Recent Federal Regulation Documents

The U.S. Fish and Wildlife Service gives notice of a teleconference/web meeting of the Aquatic Nuisance Species (ANS) Task Force, in accordance with the Federal Advisory Committee Act.

We, the U.S. Fish and Wildlife Service (Service), propose to list the swale paintbrush (Castilleja ornata), a flowering plant species from New Mexico within the United States and the states of Chihuahua and Durango in Mexico, 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 swale paintbrush. After a review of the best available scientific and commercial information, we find that listing the species is warranted. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. We find that designating critical habitat for the swale paintbrush is not prudent at this time.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft habitat conservation plan (HCP) and draft low effect screening form and environmental action statement (draft screening form) for activities associated with an application for an incidental take permit (ITP) under the Endangered Species Act. The ITP would authorize take of the tidewater goby and western snowy plover incidental to activities associated with management of the Salinas River Lagoon in Monterey County, California. The applicant developed the draft HCP as part of their application for an ITP. 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 the applicant. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection not in use without Office of Management and Budget (OMB) approval.

This document advises the public that the U.S. Fish and Wildlife Service (Service, or we) intends to gather information necessary to develop a proposed rule for the exhibition of migratory birds and eagles. We are furnishing this advance notice of proposed rulemaking to advise other agencies and the public of our intentions and obtain suggestions and information on the scope of issues to include in the rulemaking.

We, the U.S. Fish and Wildlife Service (Service), are announcing the availability of documents related to an application for an enhancement of survival permit (permit) under the Endangered Species Act. Farmland Reserve, Inc. (FRI) and AgReserves, Inc. (ARI) (collectively referred to as DLL) have applied for a permit associated with the implementation of a candidate conservation agreement with assurances (CCAA) for the greater sage-grouse (Centrocercus urophasianus) for the Deseret Land and Livestock (DLL Ranch) in Utah. The purpose of this CCAA is for the Service to join with the Utah Division of Wildlife Resources and DLL (collectively, the parties to this CCAA), to implement conservation measures for greater sage-grouse in a manner that is consistent with the Service's Policy on CCAAs and applicable Service regulations. The documents available for review and comment are the applicant's CCAA, which is part of the permit application, and our draft environmental action statement and low- effect screening form, which support a categorical exclusion under the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Sira curassow (Pauxi koepckeae) and southern helmeted curassow (Pauxi unicornis), two bird species from South America, as endangered species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to these species.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the Miami tiger beetle's critical habitat.

In accordance with the National Environmental Policy Act of 1969, as amended, and the Alaska National Interest Lands Conservation Act of 1980, as amended, along with other laws as applicable, the U.S. Fish and Wildlife Service (FWS) intends to prepare a supplemental environmental impact statement (supplemental EIS) to consider the effects of a potential land exchange of certain lands owned by the King Cove Corporation and/or the State of Alaska with certain lands owned by the U.S. Government. King Cove would use the acquired land for a road corridor for noncommercial use through the Izembek National Wildlife Refuge and the Izembek Wilderness Area. We furnish this notice to advise the public and other agencies of our intentions and to seek information and suggestions on the scope of issues to be addressed in the supplemental EIS. In particular, we will update information used in the 2013 analysis on the impacts of a then-proposed exchange and road corridor and the viability of alternatives to provide safe and reliable transportation between the City of King Cove, Alaska, and the airport at Cold Bay, Alaska.

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 revisions.

We, the U.S. Fish and Wildlife Service (Service or USFWS), are correcting one amendatory instruction in a final rule that published in the Federal Register on May 4, 2023. That rule finalizes the designation of critical habitat for the threatened slickspot peppergrass (Lepidium papilliferum) under the Endangered Species Act of 1973, as amended (Act).

We, the U.S. Fish and Wildlife Service (Service), are reclassifying (downlisting) Furbish's lousewort (Pedicularis furbishiae) from an endangered species to a threatened species under the Endangered Species Act of 1973, as amended (Act), and we finalize a rule under section 4(d) of the Act to promote the conservation of Furbish's lousewort. This information is based on a thorough review of the best available scientific and commercial information, which indicates the threats to the species have been reduced to the point that the species no longer meets the definition of an endangered species under the Act.

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 reopening of the public comment period on our October 9, 2018, proposed rule to list the black-capped petrel (Pterodroma hasitata) as a threatened species under the Endangered Species Act of 1973, as amended (Act), with a rule issued under section 4(d) of the Act to provide for the conservation of this species. We are reopening the comment period to present significant new information we have received since 2018 that is relevant to our consideration of the status of the black-capped petrel and allow interested parties to comment. Comments submitted during the 2018 comment period do not need to be resubmitted and will be fully considered in preparation of our final rule. We encourage those who may have commented previously to submit additional comments, if appropriate, in light of this new information.

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 Big Creek crayfish (Faxonius peruncus) and the St. Francis River crayfish (Faxonius quadruncus), two crayfish species from southern Missouri. We also finalize a rule under the authority of section 4(d) of the Act that provides regulatory measures that are necessary and advisable to provide for the conservation of these species. In addition, we designate critical habitat for the species; in total, approximately 1,069 river miles (1,720 river kilometers) for the Big Creek crayfish and 1,043 river miles (1,679 river kilometers) for the St. Francis River crayfish in Iron, Madison, St. Francois, Washington, and Wayne Counties, Missouri, fall within the boundaries of the critical habitat designations. This rule applies the protections of the Act to these species and their designated critical habitats.

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 South Llano springs moss (Donrichardsia macroneuron), an aquatic moss species from Edwards County, Texas. We are excluding the single unit of proposed critical habitat, and, therefore, no critical habitat is being designated for the South Llano springs moss. This rule adds the species to the List of Endangered and Threatened Plants and applies the protections of the Act to the species.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Lake County (Hooks Street Extension) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction of a roadway 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.

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 (Service), have issued permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).

We, the Fish and Wildlife Service (Service), announce receipt of an application from Legacy Westside Apartments, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) and blue-tailed mole-skink (Eumeces egregius lividus) incidental to the construction and operation of a residential development in Osceola 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 Marine Mammal Protection Act of 1972, as amended, and its implementing regulations, we, the U.S. Fish and Wildlife Service, finalize incidental take regulations that facilitate the authorization of nonlethal, incidental, unintentional take by harassment of small numbers of northern sea otters during marine construction and pile driving in the Gulf of Alaska coastal waters. Take may result from marine construction and pile-driving activities. This rule is effective for 5 years from the date of issuance.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our July 15, 2021, proposed rule (hereinafter the ``2021 proposed rule'') to designate critical habitat for the rufa red knot (Calidris canutus rufa) under the Endangered Species Act of 1973, as amended (Act). In this document, we present revisions to the critical habitat designation we proposed for the species in the 2021 proposed rule. As a result of the critical habitat revisions, we now propose to designate a total of approximately 683,405 acres (276,564 hectares) as critical habitat for the rufa red knot across 127 units (18 of which are further subdivided into 46 subunits) in Massachusetts, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. This amounts to an overall increase of 32,615 acres (13,199 hectares) in our proposed critical habitat designation for the species. This revision includes seven new units in Massachusetts, New York, Virginia, North Carolina, South Carolina, and Georgia; revised units in Massachusetts, New Jersey, South Carolina, Georgia, and Texas; and corrections to reported acreages/hectares for four other units and the total acreage in the 2021 proposed rule. We are reopening the comment period to allow all interested parties the opportunity to comment on the 2021 proposed rule, as well as the revisions described in this document. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule. If the determination is finalized, the final rule will include responses to the comments previously received from the 2021 proposed rule and any comments received as part of this document's reopening of comments.

We, the Fish and Wildlife Service (Service), announce receipt of two separate applications, one each from the Florida Fish and Wildlife Conservation Commission (FWC) and the Georgia Department of Natural Resources (GADNR), for enhancement of survival permits under the Endangered Species Act. The FWC and GADNR have each applied for a separate permit associated with the implementation of the Quail Country Programmatic Candidate Conservation Agreement with Assurances (CCAA) for 12 species in North Florida and Southwest Georgia. Successful implementation of the CCAA is expected to enhance the habitat of the species and protect their habitats from destruction and degradation. We request public comment on the applications, which include the CCAA, and on the Service's preliminary determination that the proposed permitting actions 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 (Service), propose to remove the Colorado hookless cactus (Sclerocactus glaucus) from the Federal List of Endangered and Threatened Plants (List) due to recovery. Recent taxonomic studies have indicated that the currently listed entity is actually two species: Sclerocactus glaucus and Sclerocactus dawsonii. We find that neither species should be listed as a threatened or endangered species under the Endangered Species Act of 1973, as amended (Act). Our review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that these species no longer meet the definition of a threatened or endangered species under the Act. We request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for Colorado hookless cactus (S. glaucus and S. dawsonii). If this proposal is finalized, Colorado hookless cactus will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, will no longer apply to 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.