Fish and Wildlife Service – Federal Register Recent Federal Regulation Documents
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Receipt of Application for an Incidental Take Permit for the City Gate Project in Collier County, FL
Citygate Development, LLC and CG II, LLC (Applicants) request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act) for the take of the red-cockaded woodpecker (Picoides borealis) and the Florida panther (Puma (=Felis) concolor coryi). The Applicants propose to develop 240 acres of occupied red-cockaded woodpecker and Florida panther habitat to construct a mixed-use, nonresidential, commercial/industrial office park complex (Project) in Collier County, Florida. The modification of this habitat is expected to result in incidental take, in the form of harm, of one group of red-cockaded woodpeckers and harassment of the Florida panther. The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project on the red-cockaded woodpecker and Florida panther. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the San Bernardino Kangaroo Rat (Dipodomys merriami parvus)
We, the U.S. Fish and Wildlife Service (Service), are designating final revised critical habitat for the San Bernardino kangaroo rat (Dipodomys merriami parvus) under the Endangered Species Act of 1973, as amended (Act). Approximately 7,779 acres (ac) (3,148 hectares (ha)) of habitat in San Bernardino and Riverside Counties, California, are being designated as critical habitat for the San Bernardino kangaroo rat. This final revised designation constitutes a reduction of approximately 25,516 ac (10,326 ha) from the 2002 designation of critical habitat for the San Bernardino kangaroo rat.
Regional Habitat Conservation Plan, Comal County, TX
Under the National Environmental Policy Act (NEPA) and its implementing regulations, we, the Fish and Wildlife Service (Service), advise the public that we intend to prepare an environmental impact statement to evaluate the impacts of, and alternatives to, the issuance of an incidental take permit (ITP), under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act), to Comal County, Texas. Comal County proposes to apply for an ITP, through development and implementation of a Regional Habitat Conservation Plan (RHCP), as required by the Act. The RHCP will provide measures to minimize and mitigate for the impacts of the proposed taking of federally listed species (covered species) and the habitats upon which they depend.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with marine mammals.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Issuance of Permits
The following permits were issued.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Letters of Authorization To Take Marine Mammals
In accordance with the Marine Mammal Protection Act of 1972 (MMPA) as amended, notice is hereby given that Letters of Authorization to take Pacific walruses and polar bears incidental to oil and gas industry exploration activities in the Chukchi Sea and adjacent western coast of Alaska have been issued.
Letters of Authorization To Take Marine Mammals
In accordance with the Marine Mammal Protection Act of 1972 (MMPA) as amended, notice is hereby given that Letters of Authorization to take polar bears and Pacific walruses incidental to oil and gas industry exploration, development, and production activities in the Beaufort Sea and adjacent northern coast of Alaska have been issued.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Least Chub (Iotichthys phlegethontis
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the least chub (Iotichthys phlegethontis) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing of the least chub may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and we will issue a 12-month finding to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding this species. We will make a determination on critical habitat for this species if, and when, we initiate a listing action.
Sporting Conservation Council
This notice announces a public teleconference of the Sporting Conservation Council (Council).
Interagency Florida Panther Response Plan
We, the Fish and Wildlife Service, announce our decision and the availability of the Final Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for our Interagency Florida Panther Response Plan. Our EA considers alternatives for managing conflicts between humans and the endangered Florida panther (Puma concolor coryi), in accordance with the National Environmental Policy Act of 1969, as amended.
Endangered and Threatened Species Permit Applications
The following applicants have applied for permits to conduct certain activities with endangered species.
Aquatic Nuisance Species Task Force Meeting
This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
Marine Mammal Protection Act; Stock Assessment Report
In accordance with the Marine Mammal Protection Act (MMPA), the Fish and Wildlife Service (Service) has incorporated public comments into a revision of the marine mammal stock assessment report for the northern sea otter (Enhydra lutris kenyoni) stock in Washington State. The 2008 final stock assessment report is now complete and available to the public.
Endangered and Threatened Wildlife and Plants; Permits
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on the following applications to conduct certain activities with endangered species.
Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Reticulated Flatwoods Salamander; Proposed Designation of Critical Habitat for Frosted Flatwoods Salamander and Reticulated Flatwoods Salamander
We, the U.S. Fish and Wildlife Service, are announcing the location and time of a public hearing to receive public comments on the proposal to split the current listing under the Endangered Species Act of 1973, as amended, of the threatened flatwoods salamander (Ambystoma cingulatum) into two distinct species: frosted flatwoods salamander (Ambystoma cingulatum) and reticulated flatwoods salamander (Ambystoma bishopi), due to a change in taxonomy. We also propose to list reticulated flatwoods salamander as endangered and propose critical habitat for both species. We are extending the public comment period until November 3, 2008. If you submitted comments previously, then you do not need to resubmit them because we have already incorporated them into the public record and we will fully consider them in preparation of our final determination.
Draft Recovery Plan for the Prairie Species of Western Oregon and Southwestern Washington
The U.S. Fish and Wildlife Service announces the comment period for public review of the draft Recovery Plan for the Prairie Species of Western Oregon and Southwestern Washington. The closing date of the public comment period was erroneously omitted from the notice of availability of this draft recovery plan published on September 22, 2008. The listed species addressed in the recovery plan are the Fender's blue butterfly (Icaricia icarioides fenderi), Willamette daisy (Erigeron decumbens var. decumbens), Bradshaw's lomatium (Lomatium bradshawii), Kincaid's lupine (Lupinus sulphureus ssp. kincaidii), Nelson's checker-mallow (Sidalcea nelsoniana), and golden paintbrush (Castilleja levisecta).
Receipt of an Application for an Enhancement of Survival Permit for the Columbia Basin Pygmy Rabbit
The Fish and Wildlife Service (Service) announces the receipt of an application for an Enhancement of Survival Permit that would be issued pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The application was developed in accordance with the Template Safe Harbor Agreement (Template SHA) for the Columbia Basin pygmy rabbit (Brachylagus idahoensis). The permit applicant is the Washington Department of Natural Resources (WDNR). Issuance of a permit to WDNR would exempt incidental take of the Columbia Basin pygmy rabbit, which would otherwise be prohibited by section 9 of the Act, that is above the baseline conditions of WDNR properties enrolled under the Template SHA and that may result from the permittee's otherwise lawful management activities. The Service requests comments from the public regarding the proposed issuance of a permit to WDNR. All comments received will become part of the public record. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time. While you can ask us in your comment to withhold your personal information from public review, we cannot guarantee that we will be able to do so. All comments received from organizations, businesses, or individuals representing organizations or businesses are available for public inspection in their entirety.
Migratory Bird Permits; Changes in the Regulations Governing Falconry
We, the U.S. Fish and Wildlife Service, change the regulations governing falconry in the United States. We have reorganized the regulations and added or changed some provisions in them. In particular, we have eliminated the requirement for a Federal permit to practice falconry. The changes will make it easier to understand the requirements for the practice of falconry, including take of raptors from the wild, and the procedures for obtaining a falconry permit. This rule also adds a provision allowing us to approve falconry regulations that Indian Tribes or U.S. territories adopt. State, tribal, or territorial laws and regulations governing falconry must meet the standards in these regulations by January 1, 2014, at which time the Federal permit program will be discontinued.
Proposed Willamette Valley Native Prairie Habitat Programmatic Safe Harbor Agreement for the Fender's Blue Butterfly in Benton, Lane, Linn, Marion, Polk, and Yamhill Counties, OR
The U.S. Fish and Wildlife Service (Service) proposes to issue itself an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act), for a programmatic Safe Harbor Agreement (Agreement). The proposed term of the Agreement is 15 years, and the proposed term of the permit is 25 years. In accordance with regulation, the Service is completing the application process for this proposed permit. The requested permit would authorize the Service to extend incidental take coverage with assurances to eligible landowners who are willing to carry out habitat management measures that would benefit the federally-listed endangered Fender's blue butterfly (Icaricia icarioides fenderi) and the threatened Kincaid's lupine (Lupinus sulphureus ssp. kincaidii) by enrolling them under the Agreement as Cooperators through issuance of Certificates of Inclusion. The covered area or geographic scope of this Agreement includes the known and potential range of the Fender's blue butterfly, which occurs on prairie habitat within Benton, Lane, Linn, Marion, Polk, and Yamhill counties of Oregon. We request comments from the public on the permit application, proposed Agreement and related documents, which are available for review (see ADDRESSES below).
Koyukuk/Nowitna National Wildlife Refuges, Galena, AK
We, the Fish and Wildlife Service (Service), announce the availability of a draft revised comprehensive conservation plan (Draft CCP) and environmental assessment (EA) for the Koyukuk, Northern Unit Innoko, and Nowitna National Wildlife Refuges (Refuge) is available for public review and comment. In this Draft CCP and EA we describe two alternatives, including our preferred action, to manage the Refuge for the next 15 years. Also available for public review and comment are draft compatibility determinations.
Endangered and Threatened Wildlife and Plants; 5-Year Reviews of Three Wildlife Species and Eight Plant Species in the Mountain-Prairie Region
We, the U.S. Fish and Wildlife Service (Service) initiate 5- year reviews of three wildlife species and eight plant species under the Endangered Species Act of 1973, as amended (Act) (see Table 1 under SUPPLEMENTARY INFORMATION ). We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of these 5-year reviews, we will make recommendations as to whether each of these species is properly classified under the Act.
Endangered and Threatened Wildlife and Plants; Incidental Take Permits in Santa Cruz County, CA
We, the Fish and Wildlife Service (Service), announce the availability of five Incidental Take Permit applications and Habitat Conservation Plans (HCPs) under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants collectively anticipate removing a total of approximately 2.04 acres of Mount Hermon June beetle (Polyphylla barbata) occupied habitat, and one HCP also includes the federally endangered Ben Lomond spineflower (Chorizanthe pungens var. hartwegiana) as a covered species. We are requesting comments on the permit applications and on our preliminary determination that the proposed HCPs qualify as ``low effect'' HCPs, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended.
CT 620 Partnership Incidental Take Permit Amendment
We, the U.S. Fish and Wildlife Service, have received from CT 620 Partnership (Applicant) a request to amend an existing Incidental Take Permit (Permit), TE036095, under section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). If we grant it, the amendment would update the methodology we used to calculate the mitigation fee for this permit to the methodology we presently use to calculate new fees for permits of this type. This amendment would not alter the level of authorized take.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Remove the California, Oregon, and Washington Population of the Marbled Murrelet (Brachyramphus marmoratus) From the List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the California, Oregon, and Washington population of the marbled murrelet (Brachyramphus marmoratus) from the Federal List of Endangered and Threatened Wildlife (List) under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial information indicating that the petitioned action may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the marbled murrelet, which will also serve as our 5-year status review for the species. Concurrent with making our 12-month finding on the petition and conducting a 5-year status review, we intend to review the rangewide status of the species, and if necessary, the configuration and status of any distinct population segments. To ensure a comprehensive review, we are soliciting scientific and commercial data and other information on the marbled murrelet relevant to its listing status under the Act. At the conclusion of our status review, we will issue a 12-month finding on the petition.
Selawik National Wildlife Refuge, Kotzebue, AK
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a revised Comprehensive Conservation Plan (CCP) and environmental assessment (EA) for Selawik National Wildlife Refuge (Selawik Refuge, Refuge). We furnish this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. We will use local announcements, special mailings, newspaper articles, the Internet, and other media announcements to inform people of opportunities to provide input throughout the planning process. We will hold public meetings in communities within and near Selawik Refuge during preparation of the revised plan.
Endangered and Threatened Wildlife and Plants; 5-Year Review
We, the U.S. Fish and Wildlife Service (Service), initiate 5- year reviews of the piping plover (Atlantic Coast, Great Lakes, and Northern Great Plains populations) under the Endangered Species Act of 1973, as amended (Act). We request any new information on these populations that may have a bearing on their classification as endangered or threatened. Based on the results of these 5-year reviews, we will make a finding on whether these populations are properly classified under the Act.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Issuance of Permits
The following permits were issued.
Request for Information and Recommendations on Species Proposals, Resolutions, Decisions, and Agenda Items for Consideration at the Fifteenth Regular Meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; U.S. Approach for the Meeting of the Conference of the Parties
To implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or the Convention), the Parties to the Convention meet periodically to review what species in international trade should be regulated and other aspects of the implementation of CITES. The fifteenth regular meeting of the Conference of the Parties to CITES (CoP15) is tentatively scheduled to be held in late January 2010 in Doha, Qatar. Therefore, with this notice we are soliciting recommendations for amending Appendices I and II of CITES at CoP15 as well as recommendations for resolutions, decisions, and agenda items for discussion at CoP15. We invite you to provide us with information and recommendations on animal and plant species that should be considered as candidates for U.S. proposals to amend CITES Appendices I and II. Such amendments may concern the addition of species to Appendix I or II, the transfer of species from one Appendix to another, or the removal of species from Appendix II. We also invite you to provide us with information and recommendations on possible resolutions, decisions, and agenda items for discussion at the upcoming meeting. Finally, with this notice we also describe the U.S. approach to preparations for CoP15.
Draft Comprehensive Conservation Plan for Red Rock Lakes National Wildlife Refuge, Lima, MT
We, the U.S. Fish and Wildlife Service (Service) announce that our Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Red Rock Lakes National Wildlife Refuge is available. This Draft CCP/EA describes how the Service intends to manage this Refuge for the next 15 years.
Migratory Bird Permits; Revisions to Migratory Bird Import and Export Regulations
We, the U.S. Fish and Wildlife Service, published a document in the Federal Register on August 13, 2008 that revised the regulations governing migratory bird permitting. That document inadvertently used the term ``migratory game birds'' in a way that contradicts the existing definition of that term elsewhere in our regulations. This document corrects the final regulations.
Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-09 Late Season
This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0100; North American Wetlands Conservation Act (NAWCA) Grant Programs
We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on September 30, 2008. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations
The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2008-09 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 27, 2008. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2008-09 season.
Draft Recovery Plan for the Prairie Species of Western Oregon and Southwestern Washington
The U.S. Fish and Wildlife Service announces the availability of the draft Recovery Plan for the Prairie Species of Western Oregon and Southwestern Washington for public review and comment. The listed species addressed in the recovery plan are: Fender's blue butterfly (Icaricia icarioides fenderi), Erigeron decumbens var. decumbens (Willamette daisy), Lomatium bradshawii (Bradshaw's lomatium), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), Sidalcea nelsoniana (Nelson's checker-mallow) and Castilleja levisecta (golden paintbrush).
Wind Turbine Guidelines Advisory Committee; Announcement of Public Meetings
We, the U.S. Fish and Wildlife Service (Service), will host Wind Turbine Guidelines Advisory Committee (Committee) meetings on October 21-23, 2008, and January 27-29, 2009. The meetings are open to the public. The meeting agendas will include reports from the Subcommittees on Existing Guidelines, Incentives, Guiding Principles, Legal, Landscape/Habitat, Science Tools & Procedures, and Other Models/ Uncertainty.
Endangered and Threatened Wildlife and Plants; Listing the Plant Lepidium papilliferum (Slickspot Peppergrass) as Endangered
We, the U.S. Fish and Wildlife Service (Service), notify the public of the reinstatement of our July 15, 2002, proposed rule to list Lepidium papilliferum (slickspot peppergrass) as endangered under the Endangered Species Act of 1973, as amended (Act). We announce the reopening of the public comment period on that proposed listing.
Endangered and Threatened Species Permit Applications
The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.
Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Reticulated Flatwoods Salamander; Proposed Designation of Critical Habitat for Frosted Flatwoods Salamander and Reticulated Flatwoods Salamander
We, the U.S. Fish and Wildlife Service (Service), are providing supplemental information on the proposal to split the listing under the Endangered Species Act of 1973, as amended (Act), of the currently threatened flatwoods salamander (Ambystoma cingulatum) into two distinct species: frosted flatwoods salamander (Ambystoma cingulatum) and reticulated flatwoods salamander (Ambystoma bishopi) due to a change in taxonomy. The frosted flatwoods salamander will maintain the status of threatened, and contained in this document is the threats analysis under section 4(a)(1) of the Act which explains this determination. We are accepting public comments from all interested parties on the proposed rule (73 FR 47258, August 13, 2008), the associated draft economic analysis, the listing status of both species, and the supplemental information we are providing in this document. If you submitted comments previously, then you do not need to resubmit them because we have already incorporated them into the public record and we will fully consider them in preparation of our final determination.
Sporting Conservation Council
We announce a meeting of the Sporting Conservation Council (Council). The meeting agenda includes outcomes of the October 1-3, 2008, White House Conference on North American Wildlife Policy, at which the culmination of the 10-year Conservation Plan agenda Executive Order (E.O.) 13443 calls for, along with other E.O. issues, will have been covered. This Council meeting is open to the public, and will include a session for the public to comment.
Endangered and Threatened Wildlife and Plants; Permits
We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species.
Wetland Management Districts, South Dakota
We, the U.S. Fish and Wildlife Service (Service), intend to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and associated environmental documents for three Wetland Management Districts (WMDs) located in the State of South Dakota. The three WMDs are Huron, Madison and Sand Lake. The Service is furnishing this notice in compliance with Service CCP Policy to advise other agencies and the public of its intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.
Williamson County Regional Habitat Conservation Plan, Williamson County, TX
Williamson County (Applicant) submitted an application (TE- 181840-0) for an incidental take permit (ITP) to cover four species currently listed under the Endangered Species Act of 1973, as amended (Act). The proposed take would occur as a result of proposed road construction, maintenance, and improvement projects; utility construction and maintenance; school development and construction; public or private construction and development; and land clearing within western Williamson County, Texas. We, the U.S. Fish and Wildlife Service (Service), have issued a final Environmental Impact Statement (FEIS) to evaluate the impacts of and alternatives for the possible issuance of an ITP. The Applicant completed a final Regional Habitat Conservation Plan (RHCP), as required by the Act, which provides measures to minimize and mitigate the effects of the proposed taking of covered species and effects to the habitats upon which they depend.
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the California Red-Legged Frog (Rana aurora draytonii)
We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for the California red-legged frog (Rana aurora draytonii), pursuant to the Endangered Species Act of 1973, as amended (Act). The previous final rule designated 450,288 acres (ac) (182,225 hectares (ha)) of critical habitat. We herein propose to revise those critical habitat boundaries to better reflect lands containing essential features for the California red-legged frog, and we now propose to designate approximately 1,804,865 ac (730,402 ha) of critical habitat in 28 California counties, an increase of approximately 1,354,577 ac) (548,177 ha).
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