Fish and Wildlife Service – Federal Register Recent Federal Regulation Documents

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Endangered and Threatened Wildlife and Plants; Three Draft Habitat Conservation Plans and Associated Draft Categorical Exclusions for Development of Single-Family Residences; Los Osos, San Luis Obispo County, CA
Document Number: 2023-18480
Type: Notice
Date: 2023-08-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received three applications for incidental take permits (ITPs) for the federally threatened Morro shoulderband snail under the Endangered Species Act of 1973, as amended. Each of three applicants submitted a permit application which, if issued, would authorize take of the Morro shoulderband snail incidental to activities associated with development of a single-family residence in Los Osos, San Luis Obispo County, California. As part of the application for an ITP, each applicant submitted a draft habitat conservation plan for their respective project. For each proect, 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 each applicant for their project. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of 47 Species in California, Nevada, and Oregon; Correction
Document Number: 2023-18479
Type: Notice
Date: 2023-08-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, published a notice in the Federal Register of August 17, 2023, initiating 5-year status reviews of 47 species in California, Nevada, and Oregon under the Endangered Species Act. We inadvertently included one species in error. We are correcting the notice to remove that species.
Endangered and Threatened Wildlife and Plants; Nine Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-18260
Type: Proposed Rule
Date: 2023-08-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that nine species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Alexander Archipelago wolf (Canis lupus ligoni), Chihuahua catfish (Ictalurus sp. 1), Cooper's cave amphipod (Stygobromus cooperi), Georgia blind salamander (Eurycea wallacei), minute cave amphipod (Stygobromus parvus), Morrison's cave amphipod (Stygobromus morrisoni), narrow-foot hygrotus diving beetle (Hygrotus diversipes), pristine crayfish (Cambarus pristinus), and Tennessee heelsplitter (Lasmigona holstonia). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Hunting and Wildlife Conservation Council Virtual Meeting
Document Number: 2023-18176
Type: Notice
Date: 2023-08-23
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) gives notice of a virtual meeting of the Hunting and Wildlife Conservation Council (HWCC), in accordance with the Federal Advisory Committee Act.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Tennessee Clubshell, Tennessee Pigtoe, and Cumberland Moccasinshell
Document Number: 2023-17844
Type: Proposed Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list three Tennessee and Cumberland River basin mussel species, the Tennessee clubshell (Pleurobema oviforme), Tennessee pigtoe (Pleuronaia barnesiana), and Cumberland moccasinshell (Medionidus conradicus), as 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 three species. After a review of the best available scientific and commercial information, we find that listing the Tennessee clubshell, Tennessee pigtoe, and Cumberland moccasinshell as endangered species is warranted. If we finalize this rule as proposed, it would extend the Act's protections to these species.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Sand Dune Phacelia and Designation of Critical Habitat
Document Number: 2023-17669
Type: Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), list the sand dune phacelia (Phacelia argentea), a plant species from coastal southern Oregon and northern California, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973, as amended (Act). We also designate critical habitat for the species under the Act. In total, approximately 180.8 acres (73.2 hectares) within 13 units in Coos and Curry Counties in Oregon, and Del Norte County in California, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Salamander Mussel and Designation of Critical Habitat
Document Number: 2023-17668
Type: Proposed Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the salamander mussel (Simpsonaias ambigua), a freshwater mussel species from the United States (Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin) and Canada (Ontario), 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 salamander mussel. 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 salamander mussel as an endangered species under the Act. We also propose to designate critical habitat for the salamander mussel under the Act. In total, approximately 2,012 river miles (3,238 kilometers) in Indiana, Kentucky, Michigan, Minnesota, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the salamander mussel. If we finalize this rule as proposed, it would extend the Act's protections to this species and its designated critical habitat.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Toothless Blindcat and Widemouth Blindcat
Document Number: 2023-17667
Type: Proposed Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the toothless blindcat (Trogloglanis pattersoni) and widemouth blindcat (Satan eurystomus), two cavefish species from the Edwards Aquifer in Bexar County, Texas, as 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 toothless blindcat and widemouth blindcat. After a review of the best available scientific and commercial information, we find that listing both species is warranted. If we finalize this rule as proposed, it would extend the Act's protections to these species. We have determined that designation of critical habitat is not prudent.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Brawleys Fork Crayfish and Designation of Critical Habitat
Document Number: 2023-17666
Type: Proposed Rule
Date: 2023-08-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Brawleys Fork crayfish (Cambarus williami), a freshwater crayfish species from Tennessee, as a threatened species and designate critical habitat 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 Brawleys Fork 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 Brawleys Fork crayfish as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We also propose to designate critical habitat for the Brawleys Fork crayfish under the Act. In total, approximately 86.6 river miles (139.4 river kilometers) in Cannon, Rutherford, and Warren Counties, Tennessee, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for Brawleys Fork crayfish.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-17852
Type: Notice
Date: 2023-08-21
Agency: Fish and Wildlife Service, Department of the Interior
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 the requested permits, we will take into consideration any information that we receive during the public comment period.
Migratory Bird Hunting; 2023-2024 Seasons for Certain Migratory Game Birds
Document Number: 2023-17684
Type: Rule
Date: 2023-08-18
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes the seasons, hours, areas, and daily bag and possession limits for hunting migratory birds. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2023-24 season.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Magnificent Ramshorn and Designation of Critical Habitat
Document Number: 2023-17670
Type: Rule
Date: 2023-08-18
Agency: Fish and Wildlife Service, Department of the Interior
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 magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina. We also designate critical habitat for the species. In total, approximately 739 acres (299 hectares) in two ponds in Brunswick County, North Carolina, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat.
Agency Information Collection Activities; Native Youth Climate Adaptation Leadership Congress
Document Number: 2023-17768
Type: Notice
Date: 2023-08-18
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, on March 10, 2023, we, the U.S. Fish and Wildlife Service, published a notice announcing that we are proposing to revise a currently approved information collection (IC). The notice opened a public comment period, which closed on May 9, 2023. We subsequently identified additional proposed changes to the IC that were not included in the original notice; therefore, we are now republishing the notice in full, including the original and newly identified proposed changes, and reopening the comment period.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of 47 Species in California, Nevada, and Oregon
Document Number: 2023-17728
Type: Notice
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews of 47 species in California, Nevada, and Oregon under the Endangered Species Act. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any new information on these species that has become available since the last reviews.
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Five Species
Document Number: 2023-17726
Type: Proposed Rule
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on petitions to add five species to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions to list the bleached sandhill skipper (Polites sabuleti sinemaculata), blue tree monitor lizard (Varanus macraei), Bornean earless monitor lizard (Lanthanotus borneensis), and pinyon jay (Gymnorhinus cyanocephalus) 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 are initiating status reviews of these species to determine whether the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we request scientific and commercial data and other information regarding these species and factors that may affect their status. Based on the status reviews, we will issue 12-month petition findings, which will address whether or not the petitioned actions are warranted, in accordance with the Act. We further find that the petition to list the least chub (Iotichthys phlegethontis) does not present substantial information indicating the petitioned action may be warranted. Therefore, we are not initiating a status review of the least chub.
Agency Information Collection Activities; U.S. Fish and Wildlife Service Law Enforcement Training System
Document Number: 2023-17716
Type: Notice
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to revise a currently approved information collection.
Agency Information Collection Activities; Yukon River Watershed Ecosystem Action Plan
Document Number: 2023-17715
Type: Notice
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Texas Kangaroo Rat and Designation of Critical Habitat
Document Number: 2023-17671
Type: Proposed Rule
Date: 2023-08-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Texas kangaroo rat (Dipodomys elator), a rodent from north- central Texas, as an endangered species and designate critical habitat 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 Texas kangaroo rat. 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 Texas kangaroo rat as an endangered species under the Act. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to this species and its critical habitat. We also propose to designate critical habitat for the Texas kangaroo rat under the Act. In total, approximately 597,069 acres (241,625 hectares) in Childress, Cottle, Hardeman, Wichita, and Wilbarger Counties, Texas, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for Texas kangaroo rat.
John H. Chafee Coastal Barrier Resources System; Availability of Final Revised Maps for Michigan, Minnesota, Mississippi, Ohio, South Carolina, Texas, and Wisconsin
Document Number: 2023-17552
Type: Notice
Date: 2023-08-16
Agency: Fish and Wildlife Service, Department of the Interior
The Coastal Barrier Resources Act requires the Secretary of the Interior to review the maps of the John H. Chafee Coastal Barrier Resources System (CBRS) at least once every 5 years and make any minor and technical modifications to the boundaries of the CBRS as are necessary to reflect changes that have occurred in the size or location of any unit as a result of natural forces. We, the U.S. Fish and Wildlife Service, have conducted this review for all of the CBRS units in Michigan, Minnesota, Mississippi, North Carolina, Ohio, Texas, and Wisconsin, and 10 units in South Carolina. This notice announces the findings of our review and the availability of final revised maps for 116 CBRS units in the project area, except for the North Carolina units. We did not prepare final revised maps for the North Carolina units because sufficient data was not available in some areas.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-17482
Type: Notice
Date: 2023-08-15
Agency: Fish and Wildlife Service, Department of the Interior
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.
Migratory Bird Hunting; Final 2023-24 Frameworks for Migratory Bird Hunting Regulations
Document Number: 2023-17175
Type: Rule
Date: 2023-08-11
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) is establishing the final frameworks from which States may select season dates, limits, and other options for the 2023-24 migratory game bird hunting season. We annually prescribe outside limits (which we call ``frameworks'') within which States may select hunting seasons. Frameworks specify the outside dates, season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. These frameworks are necessary to allow State selections of seasons and limits and to allow harvest at levels compatible with migratory game bird population status and habitat conditions. Migratory game bird hunting seasons provide opportunities for recreation and sustenance, and aid Federal, State, and Tribal governments in the management of migratory game birds.
Endangered and Threatened Wildlife and Plants; Removing the Apache Trout From the List of Endangered and Threatened Wildlife
Document Number: 2023-15689
Type: Proposed Rule
Date: 2023-08-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to remove the Apache trout (Oncorhynchus apache), a fish native to Arizona, from the Federal List of Endangered and Threatened Wildlife due to recovery. 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 the species no longer meets the definition of a threatened species or an endangered species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, the prohibitions and conservation measures provided by the Act, particularly through section 7 and our regulations would no longer apply to the Apache trout. We request information and comments from the public regarding this proposed rule for the Apache trout.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Sacramento Mountains Checkerspot Butterfly
Document Number: 2023-16967
Type: Proposed Rule
Date: 2023-08-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,636.9 acres (662.4 hectares) in Otero County, New Mexico, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Sacramento Mountains checkerspot butterfly.
Agency Information Collection Activities; North American Woodcock Singing Ground Survey
Document Number: 2023-17077
Type: Notice
Date: 2023-08-09
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act, on February 28, 2023, we, the U.S. Fish and Wildlife Service, published a notice announcing that we are proposing to renew an existing information collection (IC) without change. The notice opened a public comment period, which closed on May 1, 2023. We subsequently identified proposed changes to the IC that were not included in the original notice; therefore, we are now republishing the notice in full, including the proposed changes, and reopening the comment period.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-16998
Type: Notice
Date: 2023-08-09
Agency: Fish and Wildlife Service, Department of the Interior
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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-16936
Type: Notice
Date: 2023-08-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Helen Crittenden et al. (Helen Crittenden, Alexander van den Berg, and Nancy van den Berg; applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed sand skink incidental to the construction of a residential development in Lake County, Florida. We request public comment on the application, which includes the applicants' 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.
Marine Mammal Protection Act; Stock Assessment Reports for the Pacific Walrus Stock and Three Northern Sea Otter Stocks in Alaska
Document Number: 2023-16935
Type: Notice
Date: 2023-08-08
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Marine Mammal Protection Act and its implementing regulations, we, the U.S. Fish and Wildlife Service, after consideration of comments received from the public have revised the marine mammal stock assessment reports (SARs) for the Pacific walrus (Odobenus rosmarus divergens) and for each of the three northern sea otter (Enhydra lutris kenyoni) stocks in Alaska. We now make these four final revised SARs available to the public.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Brevard County, FL; Categorical Exclusion
Document Number: 2023-16913
Type: Notice
Date: 2023-08-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from CenterPoint Integrated Solutions, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally threatened Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction and operation of a commercial development in Brevard 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.
Salt River Project Roosevelt Habitat Conservation Plan Amendment and Draft Environmental Assessment; Maricopa and Gila Counties, Arizona
Document Number: 2023-16663
Type: Notice
Date: 2023-08-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, as the lead Federal agency, in conjunction with the U.S. Army Corps of Engineers, as a cooperating agency, announce the availability of a draft environmental assessment (EA) for the proposed Salt River Project Roosevelt Habitat Conservation Plan (RHCP) Amendment which includes a proposed planned deviation to the Corps' Water Control Manual (WCM) in Gila and Maricopa Counties, Arizona. Salt River Project (applicant) submitted the RHCP amendment, also available for public review, in support of an application for an amended incidental take permit (permit) under the Endangered Species Act. Prepared in accordance with the requirements of the National Environmental Policy Act, the draft EA evaluates the impacts of, and alternatives to, amending the existing permit for the operation of the Modified Roosevelt Dam and Lake. If approved, the requested permit amendment would authorize incidental take of the northern Mexican gartersnake and expand the permit area for existing authorized incidental take for the yellow-billed cuckoo, southwestern willow flycatcher, and bald eagle. We invite comments from the public and Federal, Tribal, State, and local governments.
Intent To Prepare an Updated Bison and Elk Management Plan for the National Elk Refuge in Wyoming; Environmental Impact Statement
Document Number: 2023-16378
Type: Notice
Date: 2023-08-01
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service), U.S. Department of the Interior, intends to prepare an updated Bison and Elk Management Plan (BEMP) and environmental impact statement (EIS) for the National Elk Refuge (NER). The BEMP describes the Service's proposal for the management of the Jackson bison and elk populations within their respective jurisdictions with the goal of ensuring sustainable and healthy herds; an EIS will be prepared pursuant to the National Environmental Policy Act of 1969 to evaluate the potential environmental impacts of the BEMP. We invite input from other Federal and State agencies, Tribes, nongovernmental organizations, private sector businesses, and members of the public on the scope of the EIS, alternatives to our proposed approaches for the management of bison and elk on the NER, and the pertinent issues that we should address in the EIS.
General Provisions; Revised List of Migratory Birds
Document Number: 2023-15551
Type: Rule
Date: 2023-07-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), revise the List of Birds protected by the Migratory Bird Treaty Act (MBTA) by both adding and removing species and changing names to conform to accepted use by the scientific community. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to reflect currently accepted taxonomy and nomenclature. The net increase of 13 species (16 added and 3 removed) brings the total number of species protected by the MBTA to 1,106. We also revise the scientific name of a species subject to specific migratory-bird-permit regulations and revise corresponding entries for several migratory bird species that are also listed on the List of Endangered and Threatened Wildlife under the Endangered Species Act to reflect currently accepted taxonomy and nomenclature. We are taking this action because an accurate and up-to-date list of species protected by the MBTA is essential for public-notification, regulatory, and law-enforcement purposes and to ensure consistency in the use of common and scientific names across Service regulations.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-16057
Type: Notice
Date: 2023-07-28
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Fluminense Swallowtail, Harris' Mimic Swallowtail, and Hahnel's Amazonian Swallowtail
Document Number: 2023-15739
Type: Proposed Rule
Date: 2023-07-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list two species and one subspecies of Brazilian swallowtail butterflies as endangered species under the Endangered Species Act of 1973, as amended (Act). Specifically, we are proposing to list the Fluminense swallowtail (Parides ascanius), Harris' mimic swallowtail (Eurytides (=Mimoides) lysithous harrisianus), and Hahnel's Amazonian swallowtail (Parides hahneli), all butterflies endemic to Brazil. After a review of the best scientific and commercial information available, we find that listing all three swallowtails is warranted. Accordingly, we propose to list the Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's Amazonian swallowtail as endangered species under the 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.
Agency Information Collection Activities; Marine Mammal Marking, Tagging, and Reporting Certificates, and Registration of Certain Dead Marine Mammal Hard Parts
Document Number: 2023-15829
Type: Notice
Date: 2023-07-26
Agency: Fish and Wildlife Service, Department of the Interior
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 change.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Green Floater and Designation of Critical Habitat
Document Number: 2023-15143
Type: Proposed Rule
Date: 2023-07-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the green floater (Lasmigona subviridis), a mussel species from as many as 10 States in the eastern United States and the District of Columbia, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973, as amended (Act). This document also serves as our 12-month finding on a petition to list the green floater. After a review of the best available scientific and commercial information, we find that listing the species is warranted. We also propose to designate critical habitat for the green floater under the Act. In total, approximately 2,553 kilometers (1,586 miles) of streams in Maryland, New York, North Carolina, Pennsylvania, Virginia, and West Virginia fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the green floater. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species and its designated critical habitat.
Endangered and Threatened Wildlife and Plants; Two Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-15621
Type: Proposed Rule
Date: 2023-07-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that two species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Illinois chorus frog (Pseudacris illinoensis) and Venus flytrap (Dionaea muscipula). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Seizure and Forfeiture Procedures
Document Number: 2023-15373
Type: Rule
Date: 2023-07-25
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service, FWS, or we) is revising its seizure and forfeiture regulations. These regulations establish procedures relating to property seized or subject to administrative forfeiture under various laws enforced by the Service. This revision sets forth the procedures the Service uses for the seizure, bonded release, appraisement, administrative proceeding, petition for remission, and disposal of items subject to forfeiture under laws administered by the Service and reflects the procedures required by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA) and those of U.S. Customs and Border Protection. This rule makes these regulations easier to understand using simpler language. This revision more clearly explains the procedures used in administrative forfeiture proceedings, makes the process more efficient, and makes the Service's seizure and forfeiture procedures more uniform with those of other agencies subject to CAFRA.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Salina Mucket and Mexican Fawnsfoot and Designation of Critical Habitat
Document Number: 2023-15360
Type: Proposed Rule
Date: 2023-07-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list two mussel species, the Salina mucket (Potamilus metnecktayi) and Mexican fawnsfoot (Truncilla cognata) (which we collectively refer to as the Rio Grande mussels in this document), as endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month findings on petitions to list the Salina mucket and Mexican fawnsfoot. After a review of the best available scientific and commercial information, we find that listing the Salina mucket and Mexican fawnsfoot is warranted. We also propose to designate critical habitat for the Salina mucket and Mexican fawnsfoot under the Act. For Salina mucket, approximately 200 river miles (rmi) (321 river kilometers (rkm)) in Brewster, Terrell, and Val Verde Counties, Texas, fall within the boundaries of the proposed critical habitat designation. For Mexican fawnsfoot, approximately 185 rmi (299 rkm) in Maverick, Webb, and Zapata Counties, Texas, fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Salina mucket and Mexican fawnsfoot. 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 the species and their designated critical habitats.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-15553
Type: Notice
Date: 2023-07-24
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-15552
Type: Notice
Date: 2023-07-24
Agency: Fish and Wildlife Service, Department of the Interior
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.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-15550
Type: Notice
Date: 2023-07-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation and 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 the requested permits, we will take into consideration any information that we receive during the public comment period.
Streamlining U.S. Fish and Wildlife Service Permitting of Rights-of-Way Across National Wildlife Refuges and Other U.S. Fish and Wildlife Service-Administered Lands
Document Number: 2023-15453
Type: Proposed Rule
Date: 2023-07-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are revising our proposed rule that would streamline our process for permitting of rights-of-way across National Wildlife Refuge System lands and other Service-administered lands. By aligning Service processes more closely with those of other Department of the Interior (DOI) bureaus, to the extent practicable and consistent with applicable law, we will reduce the amount of time the Service requires to process applications for rights-of-way across Service-managed lands. We originally proposed revisions that included requiring a preapplication meeting and use of a standard application, allowing electronic submission of applications, and providing the Service with additional flexibility, as appropriate, to determine the fair market value or fair market rental value of rights-of-way across Service-managed lands. We now further propose new permit terms and conditions and other regulatory changes. The Service seeks comments on this revised proposed rule.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Cactus Ferruginous Pygmy-Owl
Document Number: 2023-14486
Type: Rule
Date: 2023-07-20
Agency: Fish and Wildlife Service, Department of the Interior
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 cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum), a bird subspecies found in Mexico, southern Arizona, and southern Texas. This rule adds the subspecies to the List of Endangered and Threatened Wildlife. We also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this subspecies. We concluded that designation of critical habitat is prudent and determinable at this time. Critical habitat will be proposed in a separate rule-making.
Endangered and Threatened Wildlife and Plants; Removing Golden Paintbrush From the Federal List of Endangered and Threatened Plants
Document Number: 2023-14971
Type: Rule
Date: 2023-07-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), remove the golden paintbrush (Castilleja levisecta) from the Federal List of Endangered and Threatened Plants as it no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). The golden paintbrush is a flowering plant native to southwestern British Columbia, western Washington, and western Oregon. Our review of the best available scientific and commercial data indicates threats to the golden paintbrush have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the Act.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Green Sea Turtle
Document Number: 2023-14225
Type: Proposed Rule
Date: 2023-07-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to designate critical habitat for five distinct population segments (DPSs) of the green sea turtle (Chelonia mydas) under the Endangered Species Act of 1973, as amended (ESA or Act). The five DPSs include the federally threatened North Atlantic, South Atlantic, and Central North Pacific DPSs and the federally endangered Central South Pacific and Central West Pacific DPSs. In total, approximately 8,870 acres (ac) (3,590 hectares (ha)) are proposed across 101 units in the States of Florida and Hawai[revaps]i; the territories of the U.S. Virgin Islands, American Samoa, and Guam; the commonwealths of Puerto Rico and the Northern Mariana Islands, and two USFWS-managed areas (Midway Islands and Palmyra Atoll). We also announce five public informational meetings and public hearings and the availability of a draft economic analysis of the proposed critical habitat designation for the terrestrial areas included in this proposed rule. Elsewhere in today's Federal Register, the National Marine Fisheries Service (NMFS) is also proposing to designate specific areas in the marine environment as critical habitat for DPSs of the green sea turtle.
Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Categorical Exclusion; Blacklake Sewer System Consolidation Project, San Luis Obispo County, CA
Document Number: 2023-15277
Type: Notice
Date: 2023-07-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Nipomo Community Service District (Applicant) for an incidental take permit (ITP) under the Endangered Species Act. The Applicant requests the ITP to take the California red-legged frog (Rana draytonii) incidental to the construction of a new lift station and associated facilities to decommission the existing Blacklake Wastewater Reclamation Facility, in San Luis Obispo County, California. We request public comment on the application, which includes the Applicant's proposed habitat conservation plan (HCP), and 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.
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Desert Tortoise General Conservation Plan, CA
Document Number: 2023-15037
Type: Notice
Date: 2023-07-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), provide this notice to open a public scoping period and announce public scoping meetings in accordance with the National Environmental Policy Act. We intend to prepare an environmental impact statement (EIS) to evaluate the impacts on the human environment related to our proposal to implement a general conservation plan for the federally threatened desert tortoise (Gopherus agassizii) in California, pursuant to the Endangered Species Act.
Endangered Species; Issuance of Permits
Document Number: 2023-15070
Type: Notice
Date: 2023-07-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species. We issue these permits under the Endangered Species Act (ESA).
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-15064
Type: Notice
Date: 2023-07-17
Agency: Fish and Wildlife Service, Department of the Interior
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.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Policy Regarding Voluntary Prelisting Conservation Actions
Document Number: 2023-14943
Type: Notice
Date: 2023-07-14
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew, without change, an information collection.
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