Fish and Wildlife Service 2005 – Federal Register Recent Federal Regulation Documents

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Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Gentry Indigo Bush as Endangered
Document Number: 05-18881
Type: Proposed Rule
Date: 2005-09-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Gentry indigo bush (Dalea tentaculoides) as endangered under the Endangered Species Act of 1973, as amended. After reviewing the best available scientific and commercial information, we find that listing the species is not warranted at this time. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the species. This information will help us monitor the status of the species.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Bull Trout
Document Number: 05-18880
Type: Rule
Date: 2005-09-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Klamath River, Columbia River, Jarbidge River, Coastal-Puget Sound, and Saint Mary-Belly River populations of bull trout (Salvelinus confluentus) in the coterminous United States pursuant to the Endangered Species Act of 1973, as amended (Act). This final designation totals approximately 3,828 miles (mi) (6,161 kilometers (km) of streams, 143,218 acres (ac) (57,958 hectares (ha) of lakes in Idaho, Montana, Oregon, and Washington, and 985 mi (1,585 km) of shoreline paralleling marine habitat in Washington. We solicited data and comments from the public on all aspects of the proposed rules, including data on economic and other impacts of the designations.
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds
Document Number: 05-18971
Type: Rule
Date: 2005-09-23
Agency: Fish and Wildlife Service, Department of the Interior
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 2005-06 season.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2006 Season
Document Number: 05-18972
Type: Proposed Rule
Date: 2005-09-22
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) is proposing migratory bird subsistence harvest regulations in Alaska for the 2006 season. This proposed rule would establish regulations that prescribe frameworks, or outer limits, for dates when harvesting of birds may occur, species that can be taken, and methods and means that would be excluded from use. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations are intended to provide a framework to enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes regulations that start on April 2, 2006, and expire on August 31, 2006, for the subsistence harvest of migratory birds in Alaska.
Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations
Document Number: 05-18970
Type: Rule
Date: 2005-09-22
Agency: Fish and Wildlife Service, Department of the Interior
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 2005-06 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 24, 2005. 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.
Notice of Availability of the Barton Springs Salamander Recovery Plan
Document Number: 05-18789
Type: Notice
Date: 2005-09-21
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces the availability of the approved Barton Springs Salamander Recovery Plan (Recovery Plan). The Barton Springs salamander (Eurycea sosorum) is known to occur near four spring outlets that collectively make up Barton Springs in Austin, Texas. Habitat loss and modification from water quality and water quantity degradation are the primary threats facing the species. The Recovery Plan outlines the necessary criteria, objectives, and tasks to reduce these threats and accomplish the goal of delisting the Barton Springs salamander.
Notice of Decision and Availability of the Record of Decision for the Final Comprehensive Conservation Plan and Final Environmental Impact Statement for Maine Coastal Islands National Wildlife Refuge
Document Number: 05-18787
Type: Notice
Date: 2005-09-21
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces a Notice of Decision and Availability of the Record of Decision (ROD) for Maine Coastal Islands National Wildlife Refuge (NWR) Final Comprehensive Conservation Plan (CCP) and Final Environmental Impact Statement (EIS). The refuge is located in the Gulf of Maine watershed, which extends along the entire coast of Maine. The Final EIS presents a thorough analysis of environmental, social, and economic considerations. The CCP and EIS were released to the public for 30 days after the publication of a Notice of Availability in the Federal Register on July 15, 2005 (70 FR 135). The ROD documents the selection of Alternative B (the Service-preferred alternative) in the Final EIS, which is represented by the Final CCP for the refuge. The ROD was signed by the Regional Director, U.S. Fish and Wildlife Service, Northeast Region, on August 24, 2005.
Endangered and Threatened Wildlife and Plants; 5-Year Review of 14 Southeastern Species
Document Number: 05-18688
Type: Notice
Date: 2005-09-20
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the red wolf (Canis rufus), Appalachian elktoe (Alasmidonta raveneliana), Cumberland elktoe (Alasmidonta atropurpurea), Cumberland monkeyface (Quadrula intermedia), Cumberlandian combshell (Epioblasma brevidens), green blossom (Epioblasma torulosa gubernaculum), oyster mussel (Epioblasma capsaeformis), tubercled blossom (Epioblasma torulosa torulosa), turgid blossom (Epioblasma turgidula), yellow blossom (Epioblasma florentina florentina), painted snake coiled forest snail (Anguispira picta), dwarf-flowered heartleaf (Hexastylis naniflora), Schweinitz's sunflower (Helianthus schweinitzii), and seabeach amaranth (Amaranthus pumilus) under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.
Notice of Availability of a Draft Safe Harbor Agreement and Receipt of an Application for an Enhancement of Survival Permit Associated With Proposed Restoration Activities for the Karner Blue Butterfly in the West Gary, Indiana Recovery Unit
Document Number: 05-18682
Type: Notice
Date: 2005-09-20
Agency: Fish and Wildlife Service, Department of the Interior
The Nature Conservancy (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival Permit Associated with proposed restoration activities for the Karner blue butterfly (Lycaeides melissa samuelis) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). This permit application includes a draft Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA and permit would become effective upon signature of the SHA and issuance of the permit and would remain in effect for 15 years. We are requesting comments on the permit application and on the Service's preliminary determination that the proposed SHA qualifies as a categorical exclusion (516 DM 6 Appendix 1, 1.4C(1)) under the National Environmental Policy Act (NEPA) of 1969, as amended. Further, the Service is specifically soliciting information regarding the adequacy of the SHA as measured against the Service's Safe Harbor Policy and the implementing regulations.
Ohio Department of Natural Resources Candidate Conservation Agreement With Assurances and Enhancement of Survival Permit Application for the Eastern Massasauga Rattlesnake
Document Number: 05-18683
Type: Notice
Date: 2005-09-20
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service (Service) has received an application from the Ohio Department of Natural Resources (Applicant) for an enhancement of survival permit (ESP) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicant proposes to implement conservation measures for the Eastern Massasauga rattlesnake (Sistrurus sistrurus catenatus) by removing the threats to the survival and protecting and managing its habitat within the Rome State Nature Preserve. The Service announces receipt of the ESP application as well as the availability of a proposed Candidate Conservation Agreement with Assurances (CCAA) intended to facilitate the implementation of conservation measures for the species by the Applicant. Compliance under the National Environmental Policy Act (NEPA) for the proposed action was addressed in an Environmental Assessment (EA) approved July 26, 2005. A copy of the final EA and Finding of No Significant Impact (FONSI) is available at: http://www.fws.gov/midwest/NEPA.
Receipt of Applications for Permit
Document Number: 05-18589
Type: Notice
Date: 2005-09-19
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Humane and Healthful Transport of Wild Mammals and Birds to the United States
Document Number: 05-18416
Type: Proposed Rule
Date: 2005-09-16
Agency: Fish and Wildlife Service, Department of the Interior
We are proposing to update and amend the standards for the humane and healthful transport of wild mammals and birds to the United States. To determine how to proceed, we are asking the public for comments and input on whether the current regulations are up to date and adequate. We are also seeking comments for the best process to address necessary changes to the requirements in the Code of Federal Regulations that provide standards for the humane and healthful transport of wild mammals and birds to the United States. This will allow us to further meet our responsibilities under the Lacey Act Amendments of 1981 and our obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The current standards for transport of mammals and birds now available are in accordance with the accepted international requirements as described in the International Air Transport Association's (IATA) Live Animal Regulations (LAR) published in October 1993 (20th edition). This edition is now 12 years old and several updates of the IATA Live Animal Regulations have been published since publication of that edition. Many mammals and birds are protected by CITES and it is a recommendation that all species listed under CITES be transported using the current IATA LAR. We expect that if we promulgate amendments to the standards for humane and healthful transport of wild mammals and birds to the United States, these amendments will be consistent with the most current IATA LAR at the time of the final rule, and, therefore, be current with the industry standards for ensuring the humane and healthful shipment of live mammals and birds. Finally, it has come to our attention that IATA LAR requirements may not always agree with those of the international ground transport industry, such as those of the Animal Transport Association (AATA). We are interested in public comments on this issue as well.
Fiscal Year 2006 Landowner Incentive Program (Non-Tribal Portion) for States, Territories, and the District of Columbia
Document Number: 05-18415
Type: Notice
Date: 2005-09-16
Agency: Fish and Wildlife Service, Department of the Interior
The Service is requesting comments on the Landowner Incentive Program (LIP) criteria for awarding conservation grants to States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the Territories of Guam, the United States Virgin Islands, and American Samoa (all hereafter referred to collectively as States). Comments are requested on a change in the funding cap for States and a revision of the national Review Team Ranking Criteria Guidance.
Notice of Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of Application for Incidental Take of Golden-Cheeked Warbler
Document Number: 05-18406
Type: Notice
Date: 2005-09-16
Agency: Fish and Wildlife Service, Department of the Interior
The Applicant, White Water Springs, L.L.C., has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a) of the Endangered Species Act (Act). The Applicant has been assigned permit number TE-110131-0. The requested permit, which is for a period of 30 years, would authorize incidental take of the endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed take would occur as a result of the construction and operation of a residential development on 1,758-acres (717 hectares) of the White Water Springs property, Burnet County, Texas. The Service has prepared the Environmental Assessment/Habitat Conservation Plan (EA/ HCP) for the incidental take application. A determination of jeopardy or non-jeopardy to the species and a decision pursuant to the National Environmental Policy Act (NEPA) will not be made until at least 60 days from the date of publication of this notice. This notice is provided pursuant to Section 10(c) of the Act and National Environmental Policy Act regulations (40 CFR 1506.6).
Endangered and Threatened Wildlife and Plants; Proposed Establishment of a Nonessential Experimental Population of Northern Aplomado Falcons in Southern New Mexico and Arizona
Document Number: 05-18386
Type: Proposed Rule
Date: 2005-09-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the proposed rule to establish, under section 10(j) of the Endangered Species Act of 1973, as amended (Act), an experimental population of northern aplomado falcons (Falco femoralis septentrionalis) into their historic habitat in southern New Mexico and Arizona. We are providing this notice to allow all interested parties to comment on the proposed reintroduction and the draft environmental assessment (notice of which published in the Federal Register on February 9, 2005). We are also announcing the availability of a draft monitoring plan for the reintroduction of the northern aplomado falcon for public comment. We will hold two public hearings (see DATES and ADDRESSES sections). Through this notice and the public hearings, we are seeking comments or suggestions from the public, other concerned governmental agencies, Tribes, the scientific community, industry, or any other interested parties concerning the proposed experimental population and draft monitoring plan.
Notice of Availability of the Final Recovery Plan for the Pecos Sunflower (Helianthus paradoxus)
Document Number: 05-18324
Type: Notice
Date: 2005-09-15
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces the availability of the Final Recovery Plan for the Pecos sunflower (Helianthus paradoxus). The Pecos sunflower is a wetland annual plant that grows on wet, alkaline soils at spring seeps, wet meadows and pond margins. It occurs in seven widely spaced populations in west-central and eastern New Mexico and west Texas. Loss and/or alteration of wetland habitat is the primary threat to Pecos sunflower, primarily by surface water diversion and wetland filling for agriculture and recreational uses, and groundwater pumping and aquifer depletion for municipal uses. The Recovery Plan outlines the necessary criteria, objectives, and actions to reduce these threats and accomplish the goal of delisting the Pecos sunflower.
Endangered and Threatened Species Permit Applications
Document Number: 05-18317
Type: Notice
Date: 2005-09-15
Agency: Fish and Wildlife Service, Department of the Interior
The following applicants have applied for permits to conduct certain activities with endangered species. This notice is provided pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.).
Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands; Correction
Document Number: 05-18282
Type: Rule
Date: 2005-09-15
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (hereinafter Service or we) published a document in the August 31, 2005, Federal Register prescribing the hunting seasons, hours, areas, and daily bag and possession limits for mourning, white-winged, and white-tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. This document corrects errors in the season dates and other pertinent information for the States of Hawaii and Texas.
Endangered and Threatened Species Permit Applications
Document Number: 05-18316
Type: Notice
Date: 2005-09-14
Agency: Fish and Wildlife Service, Department of the Interior
The following applicants have applied for permits to conduct certain activities with endangered species pursuant to Section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1531, et seq.), as amended (Act). This notice is provided pursuant to Section 10(c) of the Act.
Notice of Intent To Prepare a Comprehensive Conservation Plan and Associated Environmental Assessment for Howland Island, Baker Island, and Jarvis Island National Wildlife Refuges
Document Number: 05-18206
Type: Notice
Date: 2005-09-14
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) is gathering information necessary to prepare Comprehensive Conservation Plans (CCP) and associated environmental documentation for Howland Island National Wildlife Refuge (NWR), Baker Island NWR, and Jarvis Island NWR (refuges, collectively). These refuges are unincorporated insular areas, or U.S. territories, located near the equator in the Pacific Ocean, approximately 1,300 to 1,600 miles south to southwest of Honolulu, Hawaii, and are administered as units of the National Wildlife Refuge System. The Service is publishing this notice in compliance with the National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 668dd et seq.) and the National Environmental Policy Act (NEPA) and implementing regulations for the following purposes: (1) To advise the public and other agencies of this effort; (2) to obtain public comments, suggestions, and information on the issues to be addressed in the CCP; and (3) to determine interest from public and other agencies in attending public scoping meetings. Special mailings, newspaper articles, and other media announcements will be used to inform the public and foreign, State, and local government agencies of the opportunities for input throughout the planning process.
Notice of Scoping Meetings and Intent To Prepare an Environmental Assessment for the Proposed Designation of a Nonessential Experimental Population of Rio Grande Silvery Minnow; Correction
Document Number: 05-18160
Type: Notice
Date: 2005-09-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), published a notice in the Federal Register on August 3, 2005, with an incorrect date for submitting written comments and an incorrect reference to the time period for the scoping meetings. The document advised the public that a draft environmental assessment will be prepared, pursuant to the National Environmental Policy Act of 1969, as amended, in conjunction with a proposed rule to establish, under section 10(j) of the Endangered Species Act of 1973, as amended, a Nonessential Experimental Population of Rio Grande silvery minnow (Hybognathus amarus) in the Rio Grande in Big Bend National Park and the Rio Grande Wild and Scenic River in Texas.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Rota Bridled White-Eye (Zosterops rotensis
Document Number: 05-18051
Type: Proposed Rule
Date: 2005-09-14
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 Rota bridled white-eye (Zosterops rotensis) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 3,958 acres (ac) (1,602 hectares (ha)) fall within the boundaries of the proposed critical habitat designation on the island of Rota, Commonwealth of the Northern Mariana Islands (CNMI).
Notice of Availability of the Final Devils River Minnow Recovery Plan
Document Number: 05-18055
Type: Notice
Date: 2005-09-13
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces the availability of the approved recovery plan for the Devils River Minnow (Dionda diaboli). The Devils River minnow is known to occur in streams in Kinney and Val Verde Counties, Texas, and Coahuila, Mexico. The threats facing the species include: Habitat loss due to declining surface water flows from springs, pollution to streams, and impacts from nonnative species. The recovery plan outlines the necessary criteria, objectives and tasks to reduce these threats and accomplish the goal of delisting the Devils River minnow.
2005-2006 Refuge-Specific Hunting and Sport Fishing Regulations
Document Number: 05-17792
Type: Rule
Date: 2005-09-13
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service adds six refuges to the list of areas open for hunting and/or sport fishing programs and increases the activities available at seven other refuges. We also implement pertinent refuge-specific regulations for those activities and amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2005-2006 season.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Southern California Distinct Vertebrate Population Segment of the Mountain Yellow-Legged Frog (Rana muscosa
Document Number: 05-17755
Type: Proposed Rule
Date: 2005-09-13
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 endangered southern California distinct vertebrate population segment (DPS) of the mountain yellow- legged frog (Rana muscosa) pursuant to the Endangered Species Act of 1973, as amended (Act). We have determined that approximately 8,770 ac (3,549 ha) of land containing features essential to the conservation of the mountain yellow-legged frog exist in Los Angeles, San Bernardino, and Riverside Counties, CA. We are proposing to designate approximately 8,283 acres (ac) (3,352 hectares (ha)) of streams and riparian areas as critical habitat within 3 units in southern California, further divided into subunits: Unit 1 (7 subunits) in the San Gabriel Mountains (Los Angeles and San Bernardino counties); Unit 2 (3 subunits) in San Bernardino Mountains (San Bernardino County); and Unit 3 (4 subunits) in the San Jacinto Mountains (Riverside County). Lands being proposed as critical habitat are under Federal, local/state, and private ownership; no tribal lands are included in this proposed designation. This proposed designation includes areas currently known to be occupied by the southern California DPS of the mountain yellow-legged frog, as well as several areas that were historically occupied, but are currently unoccupied. We are proposing to exclude critical habitat from approximately 487 ac (197 ha) of non-Federal lands within existing Public/Quasi Public (PQP) lands, proposed conceptual reserve design lands, and lands targeted for conservation within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Area under section 4(b)(2) of the Act.
Endangered and Threatened Wildlife and Plants; 5-Year Review of Eight Southeastern Species
Document Number: 05-17978
Type: Notice
Date: 2005-09-12
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the Puerto Rican parrot (Amazona vittata), Puerto Rican plain pigeon (Columba (=Patagioenas) inornata wetmorei), red-cockaded woodpecker (Picoides borealis), Puerto Rican boa (Epicrates inornatus), Virgin Islands tree boa (Epicrates monensis granti), guaj[oacute]n (Eleutherodactylus cooki), Harrisia portoricensis (higo chumbo), and Adiantum vivesii (no common name), under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.
Notice of Availability of a Technical Agency Draft Recovery Plan for the Endangered Spring Creek Bladderpod (Lesquerella perforata
Document Number: 05-17977
Type: Notice
Date: 2005-09-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service, announce the availability of the technical agency draft recovery plan for the Spring Creek bladderpod (Lesquerella perforata). This species is endemic to the Central Basin in Tennessee. It is currently known from only three watersheds (Spring Creek, Bartons Creek, and Cedar Creek) in Wilson County, Tennessee. The technical agency draft recovery plan includes specific recovery objectives and criteria to be met in order to downlist this species to threatened status and delist it under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1533 et seq.). We solicit review and comment on this technical agency draft recovery plan from local, State, and Federal agencies, and the public.
Migratory Bird Hunting; Notice of Intent To Prepare a Supplemental Environmental Impact Statement on the Sport Hunting of Migratory Birds
Document Number: 05-17798
Type: Notice
Date: 2005-09-08
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) is issuing this notice to advise the public that we are initiating efforts to prepare a Supplemental Environmental Impact Statement (EIS) for the Sport Hunting of Migratory Birds under the authority of the Migratory Bird Treaty Act. The EIS will consider a range of management alternatives for addressing sport hunting of migratory birds under the authority of the Migratory Bird Treaty Act. The Service seeks suggestions and comments on the scope and substance of this supplemental EIS, options or alternatives to be considered, and important management issues. Federal and State agencies and the public are invited to present their views on the subject to the Service. While we have yet to determine potential sites of public scoping meetings, we will publish a notice of any such public meetings with the locations, dates, and times in the Federal Register.
Big Game Guiding on National Wildlife Refuges in Alaska
Document Number: 05-17760
Type: Notice
Date: 2005-09-08
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service is soliciting proposals to conduct commercial big game guide services in six guide use areas on five national wildlife refuges in Alaska.
Endangered and Threatened Wildlife and Plants; Proposed Rule To Remove the Arizona Distinct Population Segment of the Cactus Ferruginous Pygmy-owl From the Federal List of Endangered and Threatened Wildlife; Proposal To Withdraw the Proposed Rule To Designate Critical Habitat
Document Number: 05-17754
Type: Proposed Rule
Date: 2005-09-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce that we will hold a public hearing (see DATES and ADDRESSES sections) on our proposed rule to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) from the Federal List of Endangered and Threatened Wildlife, eliminate its currently designated critical habitat, and to withdraw its proposed new critical habitat. This public hearing will allow all interested parties an opportunity to comment on our proposed actions.
Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for Beach Driving and Related Activities in St. Johns County, FL
Document Number: 05-17677
Type: Notice
Date: 2005-09-07
Agency: Fish and Wildlife Service, Department of the Interior
St. Johns County (Applicant) is seeking an incidental take permit (ITP) from the Fish and Wildlife Service (Service) pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The Applicant anticipates that authorization of beach driving and related activities, over a requested permit term of 20 years, will result in the incidental taking of the endangered Anastasia Island beach mouse (Peromyscus polionotus phasma), leatherback sea turtle (Dermochelys coriacea), green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochelys kempi), and hawksbill sea turtle (Eretmochelys imbricata), as well as the threatened loggerhead sea turtle (Caretta caretta). The anticipated taking of these federally listed species is incidental to otherwise legal vehicle operation on the beaches of St. Johns County, pursuant to the Beach and Shore Preservation Act of 1998, section 161.36, Florida Statutes. A description of the mitigation and minimization measures outlined in the Applicant's Habitat Conservation Plan (HCP) to address the effects of the beach access and beach access-related activities on federally listed species is described further in the SUPPLEMENTARY INFORMATION section below. The Service has made a preliminary determination that the issuance of the Permit is not a major Federal action significantly affecting the quality of the human environment within the meaning of section 102(2)(C) of NEPA. This preliminary information may be revised due to public comment received in response to this notice and is based on information contained in the Environmental Assessment (EA) and HCP. Copies of the HCP and EA may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This Notice is provided pursuant to section 10 of the Endangered Species Act and NEPA regulations (40 CFR 1506.6).
Receipt of Four Applications for Incidental Take Permits for Construction of Single-Family Homes in Brevard County, FL
Document Number: 05-17676
Type: Notice
Date: 2005-09-07
Agency: Fish and Wildlife Service, Department of the Interior
Eugene T. Butler, Carlos E. Gauthier, Robert Moren, and Kheino A. Phidd (Applicants) individually request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicants anticipate taking a combined total of about 1.03 acres of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat incidental to lot preparation for the construction of single-family homes and supporting infrastructure in Brevard County, Florida (Projects). Requested permit duration is one year for all applicants, except for Moren, who requests a 10-year permit term. The destruction of 1.03 acre of foraging, sheltering, and possibly nesting habitat is expected to result in the take of three families of scrub-jays. Each of the Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the proposed Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We have determined that each Applicant's proposal, including the proposed mitigation and minimization measures, will individually and cumulatively have a minor or negligible effect on the species covered in the HCPs. Therefore, the ITPs are ``low-effect'' projects and qualify as categorical exclusions under the National Environmental Policy Act (NEPA), as provided by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). We announce the availability of the HCPs for the incidental take applications. Copies of the HCPs may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to Section 10 of the Endangered Species Act and NEPA regulations (40 CFR 1506.6).
Endangered and Threatened Wildlife and Plants: Notice of Receipt of an Application for an Incidental Take Permit (ITP) and Availability and Opening of Comment Period for a Draft Environment Assessment (EA) Habitat Conservation Plan (HCP) for the West Virginia Northern Flying Squirrel in Association With Snowshoe Mountain, Incorporated, Pocahontas County, WV
Document Number: 05-17672
Type: Proposed Rule
Date: 2005-09-07
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that Snowshoe Mountain, Incorporated (SMI) has applied to the U.S. Fish and Wildlife Service (Service) for an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (ESA), as amended. The application has been assigned permit number TE-102380. The proposed permit would authorize the incidental take of a federally endangered species, the West Virginia northern flying squirrel (WVNFS) (Glaucomys sabrinus fuscus), known to occur throughout the property owned by the applicant at Snowshoe Mountain Resort, Pocahontas County, West Virginia. The proposed taking is incidental to a planned recreation and infrastructure expansion project on approximately 43 acres owned by SMI. The permit would be in effect for up to 10 years depending on completion of the proposed activities. The Service announces the receipt of the SMI ITP application and the availability of the proposed Recreation and Infrastructure Expansion at Snowshoe Mountain HCP which accompanies the ITP application, for public comment. In addition, the Service also announces the availability of a draft EA for the proposed issuance of the ITP. This notice is provided pursuant to the section 10(c) of the ESA and National Environmental Policy Act of 1969 (NEPA) regulations (40 CFR 1506.6). The Service will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the ESA. If it is determined that the requirements are met, a permit will be issued for the incidental take of the WVNFS. The final NEPA and permit determinations will not be completed until after the end of the 60-day comment period and will fully consider all public comments received during the comment period.
Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit Associated With the Restoration of Habitat and Reintroduction of Utah Prairie Dogs on Private Land in Sevier County, UT
Document Number: 05-17668
Type: Notice
Date: 2005-09-07
Agency: Fish and Wildlife Service, Department of the Interior
Mr. Mitchel Pace (Applicant/Cooperator) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit (ESP) for the Utah prairie dog pursuant to section 10(a)1(A) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). This permit application includes a proposed Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA and permit would become effective upon signature of the SHA and would remain in effect for 25 years. This notice is provided pursuant to the National Environmental Policy Act (NEPA), section 10 of the Act, and the Service's Safe Harbor Policy (64 FR 32717). The Service requests information, views, and opinions from the public via this notice. Further, the Service is soliciting information regarding the adequacy of the SHA as measured against the Service's Safe Harbor Policy and the regulations that implement it.
Aquatic Nuisance Species Task Force-Joint Meeting of the Western Regional Panel and the Mississippi River Basin Regional Panel
Document Number: 05-17621
Type: Notice
Date: 2005-09-06
Agency: Fish and Wildlife Service, Department of the Interior
This notice announces a joint meeting of the Aquatic Nuisance Species (ANS) Task Force Western Regional Panel and Mississippi River Basin Regional Panel. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
Endangered and Threatened Wildlife and Plants; Exclusion of U.S. Captive-Bred Scimitar-Horned Oryx, Addax, and Dama Gazelle From Certain Prohibitions
Document Number: 05-17432
Type: Rule
Date: 2005-09-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are amending the regulations promulgated under the Endangered Species Act (Act) (16 U.S.C. 1531 et seq.) to add new regulations to govern certain activities with U.S. captive-bred scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and dama gazelle (Gazella dama), which have been listed as endangered. For U.S. captive-bred live wildlife, including embryos and gametes, and sport-hunted trophies of these three species, this rule authorizes certain otherwise prohibited activities that enhance the propagation or survival of the species. International trade in specimens of these species will continue to be subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We have also prepared a final Environmental Assessment with a Finding of No Significant Impact for this final rule under regulations implementing the National Environmental Policy Act of 1969 (NEPA).
Endangered and Threatened Wildlife and Plants; Final Rule To List the Scimitar-Horned Oryx, Addax, and Dama Gazelle as Endangered
Document Number: 05-17431
Type: Rule
Date: 2005-09-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered status for scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and dama gazelle (Gazella dama) throughout their ranges, pursuant to the Endangered Species Act of 1973, as amended (Act). The best available information indicates that the causes of decline of these antelopes are (1) habitat loss through desertification, permanent human settlement, and competition with domestic livestock, and (2) regional military activity and uncontrolled killing. These threats have caused the possible extinction in the wild of the scimitar-horned oryx and the near-extinction of the addax in the wild. All three species are in danger of extinction throughout their ranges. Accordingly, we are listing these three antelopes as endangered.
Notice of Availability of a Draft Environmental Impact Statement/Environmental Impact Report and Receipt of an Application for an Incidental Take Permit for the East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan, Contra Costa County, CA
Document Number: 05-16899
Type: Notice
Date: 2005-09-02
Agency: Fish and Wildlife Service, Department of the Interior
This notice announces the availability of the draft East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan (Plan), draft Implementing Agreement, and draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for public review and comment. In response to receipt of an application from the East Contra County Habitat Conservation Plan Association (Association), the Fish and Wildlife Service (Service) is considering the proposed action of issuing a 30-year permit for 28 species. The proposed permit would authorize take of individual members of species listed under the Federal Endangered Species Act of 1973, as amended (ESA). The permit is needed because take of species could occur during proposed urban development activities, rural infrastructure projects, and preserve management activities within a 175,435-acre planning area located in eastern Contra Costa County, California.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Yellowstone Cutthroat Trout as Threatened or Endangered
Document Number: 05-17455
Type: Proposed Rule
Date: 2005-09-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period for a status review of the Yellowstone cutthroat trout (Oncorhynchus clarki bouvieri) in the United States, which has been initiated pursuant to a recent Court order requiring us to prepare a 12-month finding on a petition to list the subspecies as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). This action will allow all interested parties an opportunity to provide information on the status of the subspecies of fish.
Endangered Species Recovery Permit Application
Document Number: 05-17406
Type: Notice
Date: 2005-09-01
Agency: Fish and Wildlife Service, Department of the Interior
The following applicant has applied for a scientific research permit to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (``we'') solicits review and comment from local, State, and Federal agencies, and the public on the following permit request.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Navarretia fossalis
Document Number: 05-17452
Type: Proposed Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed designation of critical habitat for Navarretia fossalis, and the availability of a draft economic analysis of the proposed designation of critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted on this proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in our final determination.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Atriplex coronata
Document Number: 05-17451
Type: Proposed Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed designation of critical habitat for Atriplex coronata var. notatior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and the availability of a draft economic analysis of the proposed designation of critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted on this proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in our final determination of critical habitat for this taxon.
Endangered and Threatened Wildlife and Plants; Listing the Gila Chub as Endangered With Critical Habitat
Document Number: 05-17450
Type: Proposed Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis and draft environmental assessment for the proposal to list as endangered and designate critical habitat for the Gila chub (Gila intermedia) under the Endangered Species Act of 1973, as amended (Act). We are also reopening the public comment period for the proposal to list the Gila chub as endangered with critical habitat to allow all interested parties an opportunity to comment on and request changes to the proposed listing and critical habitat designation, as well as the associated draft economic analysis and draft environmental assessment. The draft economic analysis finds that costs associated with Gila chub conservation activities are forecast to range from $11.3 million to $28.1 million in constant dollars over 20 years ($0.8 million to $1.9 million annually). In addition, we are proposing corrected legal descriptions for the critical habitat units. Comments previously submitted on the August 9, 2002, proposed rule need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule. We will hold three public informational sessions and hearings (see DATES and ADDRESSES sections).
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2005-06 Early Season
Document Number: 05-17332
Type: Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes special early season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This 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.
Receipt of Applications for Permit
Document Number: 05-17331
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Marine Mammal Annual Report Availability, Combined Calendar Years 1999 and 2000
Document Number: 05-17330
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service and the Biological Resources Discipline of the U.S. Geological Survey, have issued our combined Calendar Years 1999 and 2000 annual report on marine mammals under the jurisdiction of the U.S. Department of the Interior, as required by section 103(f) of the Marine Mammal Protection Act of 1972. Our report covers the periods of January 1 to December 31, 1999, and January 1 to December 31, 2000. We submitted the report to Congress on September 7, 2004. By this notice, we are informing you, the public, that the report is available and that copies may be obtained on request to the U.S. Fish and Wildlife Service.
Receipt of Applications for Permit
Document Number: 05-17329
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Aquatic Nuisance Species Task Force-Meeting of the Mid-Atlantic Regional Panel
Document Number: 05-17328
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force Mid-Atlantic Regional Panel. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of Aleutian Shield Fern (Polystichum aleuticum
Document Number: 05-17317
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces a 5- year review of Aleutian shield fern (Polystichum aleuticum) under section 4(c)(2)(A) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et seq.). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. 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 such information on Aleutian shield fern that has become available since its original listing as an endangered species in 1988 (53 FR 4626). Based on the results of this 5-year review, we will make the requisite finding under section 4(c)(2)(B) of the ESA.
Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands
Document Number: 05-17238
Type: Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2005-06 season.