Fish and Wildlife Service April 2006 – Federal Register Recent Federal Regulation Documents

Draft Environmental Impact Statement on the Proposed Reaffirmation of Incidental Take Permits (ITPs) That Were Previously Issued To Allow Incidental Take of the Endangered Alabama Beach Mouse and Announcement of a Public Meeting
Document Number: E6-6140
Type: Notice
Date: 2006-04-28
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service (Service) announces the availability of a Draft Environmental Impact Statement (DEIS), which analyzes the environmental impacts associated with incidental take permits that were previously issued under the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.), for take of the Alabama beach mouse (Peromyscus polionotus ammobates). The DEIS also analyzes a full range of reasonable alternatives, including a No-Action alternative. The incidental take permits, previously issued to Gulf Highlands LLC and Beach Club West, involve the construction, occupancy, use, operation, and maintenance of two residential/recreational condominium development projects on the Fort Morgan Peninsula in Baldwin County, Alabama. We will hold a public meeting to inform the public and interested stakeholders about the DEIS and solicit their input on the document.
Draft Recovery Plan for Two Plants From Rota (Nesogenes rotensis
Document Number: E6-6143
Type: Notice
Date: 2006-04-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of the Draft Recovery Plan for Two Plants from Rota (Nesogenes rotensis and Osmoxylon mariannense) (no common names) for public review and comment.
Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition To List the Siskiyou Mountains Salamander and Scott Bar Salamander as Threatened or Endangered
Document Number: E6-5977
Type: Proposed Rule
Date: 2006-04-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Siskiyou Mountains salamander (Plethodon stormi) and Scott Bar salamander (Plethodon asupak) as threatened or endangered, under the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). We find that the petition and additional information in our files do not present substantial scientific or commercial information indicating that listing these species may be warranted. We will not be initiating a status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to these species.
Receipt of Two Applications for Incidental Take Permits for Two Beachfront Developments in Escambia County, FL
Document Number: E6-6057
Type: Notice
Date: 2006-04-24
Agency: Fish and Wildlife Service, Department of the Interior
Acropolis II Development Enterprises, L.L.C. (Applicants) request incidental take permits (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The Applicants anticipate taking Perdido Key beach mice (Peromyscus polionotus trissyllepsis) incidental to developing, constructing, and human occupancy of a two-condominium beachfront complex on Perdido Key in Escambia County, Florida (Projects). The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of both Projects to the Perdido Key beach mouse.
Notice of Availability of a Final Environmental Impact Report/Environmental Impact Statement for the Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan, Riverside County, CA
Document Number: E6-5990
Type: Notice
Date: 2006-04-21
Agency: Fish and Wildlife Service, Department of the Interior
This notice announces the availability of the final Coachella Valley Association of Governments Habitat Conservation Plan and Natural Community Conservation Plan (Plan), final Implementing Agreement, and final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) for public review and comment. The Fish and Wildlife Service (Service) is considering the proposed action of issuing a 75-year incidental take permit, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended (ESA), for 27 species in response to receipt of an application from the Coachella Valley Association of Governments (CVAG), Coachella Valley Conservation Commission, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Parks and Open Space District, Riverside County Waste Management District, Coachella Valley Water District, Imperial Irrigation District, California Department of Transportation, California Department of Parks and Recreation, Coachella Valley Mountains Conservancy, and the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Applicants). The proposed permit would authorize take of individual members of animal 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 1.1 million-acre planning area located in the Coachella Valley, California. The Final Plan also incorporates a Public Use and Trails Plan which includes proposals that address non-motorized recreation activities on Federal and non-Federal lands in the Santa Rosa and San Jacinto Mountains. The Bureau of Land Management (BLM) is a Cooperating Agency in this planning process and will use this EIR/EIS to make decisions on BLM-administered public lands pertaining to trail use in the Santa Rosa and San Jacinto Mountains. These proposals constitute activity (implementation) level actions in furtherance of the California Desert Conservation Area Plan (1980), as amended, and the Santa Rosa and San Jacinto Mountains National Monument Management Plan (2004). The BLM will issue a separate record of decision regarding non-motorized recreation activities on public lands.
Notice of Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of Nine Listed Species: the Purple Bean (Villosa perpurpurea), Clubshell (Pleurobema clava), Northern Red-bellied Cooter (Pseudemys rubriventris bangsi), Roanoke Logperch (Percina rex), Swamp Pink (Helonias bullata), Northern Riffleshell (Epioblasma torulosa rangiana), Flat-spired Three-toothed Land Snail (Triodopsis platysayoides), Puritan Tiger Beetle (Cicindela puritana), and Dwarf Wedgemussel (Alasmidonta heterodon)
Document Number: E6-5989
Type: Notice
Date: 2006-04-21
Agency: Fish and Wildlife Service, Department of the Interior
Pursuant to section 4(c)(2)(A) of the Endangered Species Act of 1973 (ESA) (16 U.S.C. 1531 et seq.), the U.S. Fish and Wildlife Service (Service) announces a 5-year review of the endangered purple bean (Villosa perpurpurea), clubshell (Pleurobema clava), northern red- bellied cooter (Pseudemys rubriventris bangsi), Roanoke logperch (Percina rex), northern riffleshell (Epioblasma torulosa rangiana), and dwarf wedgemussel (Alasmidonta heterodon); and the threatened swamp pink (Helonias bullata), flat-spired three-toothed land snail (Triodopsis platysayoides), and Puritan tiger beetle (Cicindela puritana). 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 the purple bean, clubshell, northern red-bellied cooter, Roanoke logperch, northern riffleshell, and dwarf wedgemussel, that has become available since their original listings as endangered species in 1997 (62 FR 1647-1658), 1993 (58 FR 5638-5642), 1980 (45 FR 21828-21833), 1989 (54 FR 34468-34472), 1993 (58 FR 5638-5642), and 1990 (55 FR 9447-9451), respectively. In addition, we are requesting submission of any such information on the swamp pink, flat-spired, three-toothed land snail, and Puritan tiger beetle that has become available since their listing as threatened species in 1988 (53 FR 35076-35080), 1978 (43 FR 28932- 28935), and 1998 (55 FR 32088-32094), respectively. Based on the results of these 5-year reviews, we will make the requisite findings under section 4(c)(2)(B) of the ESA.
Proposed Low Effect Habitat Conservation Plan for the County of San Bernardino, CA
Document Number: E6-5988
Type: Notice
Date: 2006-04-21
Agency: Fish and Wildlife Service, Department of the Interior
The County of San Bernardino (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 10-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of the endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) associated with the proposed realignment of the intersection of Valley and Pepper Avenues in the City of Colton, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Valley/Pepper Realignment Low Effect Habitat Conservation Plan (proposed Plan), which would be implemented by the Applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed Plan qualifies as a ``Low- effect'' Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement (EAS) and the associated Low Effect Screening Form, which are also available for public review.
Notice of Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of Application for Incidental Take of the Houston toad (Blair Warren-Sac-N-Pac)
Document Number: E6-5984
Type: Notice
Date: 2006-04-21
Agency: Fish and Wildlife Service, Department of the Interior
Blair Warren (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE-124123-0) pursuant to Section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The requested permit, which is for a period of five years, would authorize incidental take of the Houston toad. The proposed take would occur as a result of the construction and operation of a convenience store on a 1.43-acre (0.58- hectare) property on Highway 71 in the Tahitian Village Subdivision, Bastrop County, Texas. We invite the public to review and comment on the permit application and associated draft Environmental Assessment/Habitat Conservation Plan (EA/HCP).
Endangered and Threatened Wildlife and Plants; 5-Year Review of 25 Southwestern Species
Document Number: E6-5983
Type: Notice
Date: 2006-04-21
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces a 5- year review of 25 southwestern species under the Endangered Species Act of 1973 (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 is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.
Comprehensive Conservation Plan and Environmental Assessment for Seney National Wildlife Refuge and Kirtland's Warbler Wildlife Management Area in Michigan, Swan Lake National Wildlife Refuge in Missouri, and St. Croix and Leopold Wetland Management Districts in Wisconsin
Document Number: E6-5981
Type: Notice
Date: 2006-04-21
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare Comprehensive Conservation Plans (CCP) and Environmental Assessments (EA) for the following National Wildlife Refuges (NWR), Wildlife Management Area (WMA), and Wetland Management Districts (WMD): Seney NWR in the Upper Peninsula, Michigan and Kirtland's Warbler WMA in 8 counties in the northern Lower Peninsula, Michigan, Swan Lake NWR in Chariton County, Missouri, Leopold WMD with lands in 16 counties in southeastern Wisconsin, and St. Croix WMD with lands in 8 counties in western Wisconsin. The CCPs will describe how we intend to manage the refuges and districts for the next 15 years. The Service is furnishing 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). Open house style meetings and possibly focus group meetings and workshops will be held during the scoping phase of the CCP development process to obtain additional suggestions and information on the scope of alternatives and impacts to be considered. In addition, the Service is inviting comments on archeological, historic, and traditional cultural sites in accordance with the National Historic Preservation Act. Special mailings, newspaper articles, internet postings, and other media announcements will inform people of the opportunities for written comments.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fender's Blue Butterfly (Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's Lupine), and Erigeron decumbens var. decumbens (Willamette Daisy)
Document Number: E6-5975
Type: Proposed Rule
Date: 2006-04-21
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 and a public hearing on the proposed designation of critical habitat for the Fender's blue butterfly (Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette daisy).
Endangered and Threatened Wildlife and Plants; Reinstated Proposed Rule to List the Flat-Tailed Horned Lizard as Threatened
Document Number: E6-5895
Type: Proposed Rule
Date: 2006-04-21
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 reinstated proposed rule to list the flat-tailed horned lizard (Phrynosoma mcallii) as a threatened species pursuant to the Endangered Species Act of 1973, as amended (Act). On November 17, 2005, the U.S. District Court for the District of Arizona vacated the January 3, 2003, withdrawal of the proposed rule to list the flat-tailed horned lizard, remanded the matter to us for further consideration in accordance with its August 30, 2005, and November 17, 2005, orders, and ordered us to make a new listing decision. Pursuant to the Court's November 17, 2005, order, on remand we ``need only address the matters on which the court's August 30, 2005, Order * * * found the January 3, 2003, Withdrawal unlawful, which may summarily be identified as whether the lizard's lost historical habitat renders the species in danger of extinction in a significant portion of its range.'' To ensure our new final listing decision is based on the best scientific and commercial data currently available, we are reopening the public comment period on the 1993 proposed listing rule to solicit information and comment regarding the flat- tailed horned lizard's lost historical habitat.
Endangered and Threatened Wildlife and Plants; Proposed Special Rule Pursuant to Section 4(d) of the Endangered Species Act for the Pacific Coast Distinct Population Segment of the Western Snowy Plover
Document Number: 06-3793
Type: Proposed Rule
Date: 2006-04-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are proposing special regulations under the authority of section 4(d) of the Endangered Species Act (Act) of 1973, as amended, that would promote the conservation of the Pacific Coast distinct population segment (DPS) of western snowy plover (Charadrius alexandrinus nivosus). We seek comment on our proposed rule from the public and other agencies, and welcome suggestions regarding the scope and implementation of a special 4(d) rule.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to Delist the Pacific Coast Population of the Western Snowy Plover
Document Number: 06-3792
Type: Proposed Rule
Date: 2006-04-21
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 remove the Pacific coast population of the western snowy plover (Charadrius alexandrinus nivosus) from the Federal List of Threatened and Endangered Wildlife pursuant to the Endangered Species Act of 1973, as amended. After reviewing the best scientific and commercial information available, we find that the petitioned action is not warranted. 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 and encourage the conservation of this species.
Southeast Alaska Federal Subsistence Regional Advisory Council Meeting
Document Number: 06-3766
Type: Notice
Date: 2006-04-20
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This notice informs the public that the Southeast Alaska Federal Subsistence Regional Advisory Council will hold a public meeting on May 10, 2006. The public is invited to participate and to provide oral testimony.
Information Collection Renewal; OMB Control Number 1018-0121; Depredation Orders for Double-Crested Cormorants, 50 CFR 21.47 and 21.48
Document Number: E6-5882
Type: Notice
Date: 2006-04-19
Agency: Fish and Wildlife Service, Department of the Interior
We (Fish and Wildlife Service) plan to request that OMB renew approval for our information collections associated with regulations authorizing the take of double-crested cormorants. The current OMB control number for this information collection is 1018-0121, which expires October 31, 2006. We will ask OMB to renew approval of this information collection for a 3-year term.
Aquatic Nuisance Species Task Force Meeting
Document Number: E6-5881
Type: Notice
Date: 2006-04-19
Agency: Fish and Wildlife Service, Department of the Interior
This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
Proposed Safe Harbor Agreement for the Valley Elderberry Longhorn Beetle for River Partners in Glenn County, California
Document Number: E6-5850
Type: Notice
Date: 2006-04-19
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that River Partners (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the Applicant and the Service for the threatened valley elderberry longhorn beetle (VELB) (Desmocerus californicus dimorphus). The Agreement and permit application are available for public comment.
Receipt of an Application for an Incidental Take Permit for Proposed Construction of a Single-family Home in Charlotte County, FL
Document Number: E6-5849
Type: Notice
Date: 2006-04-19
Agency: Fish and Wildlife Service, Department of the Interior
Michael Perez and Cynthia Perez (Applicants) request an incidental take permit (ITP) for a two-year term pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate the removal of about 0.22 acre of Florida scrub-jay (Aphelocoma coerulescens)(scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.
Endangered Species Recovery Permit Application
Document Number: E6-5848
Type: Notice
Date: 2006-04-19
Agency: Fish and Wildlife Service, Department of the Interior
We invite the public to comment on the following applications to conduct certain activities with endangered species.
Endangered Species Recovery Permit Applications
Document Number: E6-5846
Type: Notice
Date: 2006-04-19
Agency: Fish and Wildlife Service, Department of the Interior
We invite the public to comment on the following applications to conduct certain activities with endangered species.
Cameron Prairie National Wildlife Refuge, Cameron Parish, Louisiana
Document Number: 06-3731
Type: Notice
Date: 2006-04-19
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Cameron Prairie National Wildlife Refuge are available for distribution. The plan was prepared pursuant to the National Wildlife Refuge system Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years. The compatibility determinations for (1) recreational fishing; (2) recreational hunting; (3) wildlife observation and wildlife photography; (4) environmental education and interpretation; (5) commercial alligator harvest; (6) commercially guided wildlife viewing, wildlife photography, and environmental education and interpretation; (7) research and monitoring; (8) commercial video and photography; (9) adjacent property access; and (10) beneficial use of dredge material are also included in the plan.
Revision of Regulations for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Document Number: 06-3444
Type: Proposed Rule
Date: 2006-04-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service, propose to revise the regulations that implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty that regulates international trade in certain protected species. The United States was one of the original signatories to CITES, which has been in effect since July 1, 1975. CITES uses a system of permits and certificates to help ensure that international trade is legal and does not threaten the survival of wildlife or plant species in the wild. Since the existing regulations were finalized, the CITES Conference of the Parties (CoP) has held a number of meetings where resolutions have been adopted. The Parties adopt resolutions as a means of standardizing interpretation and implementation of the provisions of the Treaty. On May 8, 2000, we proposed a revision of the regulations to incorporate applicable resolutions, as appropriate, adopted through the tenth meeting of the Conference of the Parties to CITES (CoP10). This new proposal includes consideration of the comments received in response to the 2000 proposal and incorporates appropriate resolutions adopted at CoP11 through CoP13. Revised regulations will help us more effectively promote species conservation, continue to fulfill our responsibilities under the Treaty, and help those affected by CITES to understand how to conduct lawful international trade in CITES species.
Receipt of Applications for Permit
Document Number: E6-5747
Type: Notice
Date: 2006-04-18
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/or marine mammals.
Issuance of Permits
Document Number: E6-5746
Type: Notice
Date: 2006-04-18
Agency: Fish and Wildlife Service, Department of the Interior
The following permits were issued.
Endangered and Threatened Wildlife and Plants; Final Listing Determination for the Gunnison Sage-Grouse as Threatened or Endangered
Document Number: 06-3619
Type: Rule
Date: 2006-04-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a final listing determination for the Gunnison sage-grouse (Centrocercus minimus) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). After reviewing the best available scientific and commercial information, we find that listing is not warranted. Thus, we no longer consider the species to be a candidate for listing. 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 and encourage the conservation of this species.
Sport Fishing and Boating Partnership Council
Document Number: 06-3640
Type: Notice
Date: 2006-04-17
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Federal Advisory Committee Act, the Fish and Wildlife Service announces a meeting designed to foster partnerships to enhance public awareness of the importance of aquatic resources and the social and economic benefits of recreational fishing and boating in the United States. This meeting, sponsored by the Sport Fishing and Boating Partnership Council (Council), is open to the public, and interested persons may make oral statements to the Council or may file written statements for consideration.
Farallon National Wildlife Refuge Restoration Project
Document Number: E6-4820
Type: Notice
Date: 2006-04-14
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with procedures for implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370d), this notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Federal environmental document (environmental assessment or environmental impact statement) for the proposed Farallon National Wildlife Refuge Restoration Project. This document will examine alternatives for eradicating non-native house mice on the South Farallon Islands (SFI) as a means of restoring populations of, and protecting native seabirds, insects and coastal plants, some of which are rare and declining due to the presence of non-native species. In addition, the Service proposes to implement preventative actions to keep non-native mammals from re- establishing on the SFI, and respond to any future re-introductions. The project would take place on Southeast Farallon Island (SEFI) and West End (WE) which together comprise the South Farallon Islands, and are located in San Francisco County, California. The South Farallon Islands are included in the Farallon National Wildlife Refuge which is managed by the Service. The Service is furnishing this notice in order to: (1) Advise other federal, state, and local agencies, and the public of our intentions; (2) announce the initiation of a 45-day public scoping period; and (3) obtain suggestions and information on the scope of issues to be included in the environmental document.
Endangered and Threatened Wildlife and Plants; Final Rule To Remove the Arizona Distinct Population Segment of the Cactus Ferruginous Pygmy-owl (Glaucidium brasilianum cactorum) From the Federal List of Endangered and Threatened Wildlife; Withdrawal of the Proposed Rule To Designate Critical Habitat; Removal of Federally Designated Critical Habitat
Document Number: 06-3470
Type: Rule
Date: 2006-04-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973 (Act), as amended, have determined that it is appropriate 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 and, accordingly, also remove designated critical habitat for this DPS found in the Code of Federal Regulations (CFR) at 50 CFR 17.95. Additionally, we are withdrawing the proposed rule to designate new critical habitat for the Arizona DPS of the pygmy-owl (67 FR 7103, November 27, 2002). The Arizona DPS of the pygmy-owl was listed as endangered on March 10, 1997 (62 FR 10730), and critical habitat was designated on July 12, 1999 (64 FR 37419). On January 9, 2001, a coalition of plaintiffs filed a lawsuit with the District Court of Arizona challenging the validity of our listing of the pygmy-owl as a DPS and the designation of its critical habitat. After the District Court remanded the designation of critical habitat (National Association of Home Builders et al. v. Norton, Civ.-00-0903- PHX-SRB), we proposed a new critical habitat designation on November 27, 2002 (67 FR 7103). Ultimately, as a result of this lawsuit, the United States Court of Appeals for the Ninth Circuit issued an opinion on August 19, 2003, stating that ``the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy'' (National Association of Homebuilders v. Norton, 340 F.3d 835, 852 (9th Cir. 2003)). In light of the Ninth Circuit's opinion, we have reassessed the application of the DPS significance criteria to the Arizona population of the pygmy-owl. Based on a review of the available information and science, the public comments received during the public comment period, and our DPS policy, we do not believe that the Arizona DPS of the pygmy-owl qualifies as an entity that can be listed under the Act.
Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Penstemon grahamii
Document Number: 06-3578
Type: Proposed Rule
Date: 2006-04-13
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 rule to determine threatened status and to designate critical habitat for Penstemon grahamii (Graham's beardtongue) under the Endangered Species Act of 1973 as amended (Act). Reopening the public comment period will allow an additional opportunity for interested parties to comment on the proposed rule. Comments previously submitted on the proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. We will also hold a public hearing on the proposed rule.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Laguna Mountains Skipper
Document Number: 06-3577
Type: Proposed Rule
Date: 2006-04-13
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 rule to designate critical habitat for the Laguna Mountains skipper (Pyrgus ruralis lagunae) under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit written comments on the proposed designation. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. We also will hold two public hearings on this proposed designation of critical habitat.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the California Red-Legged Frog, and Special Rule Exemption Associated With Final Listing for Existing Routine Ranching Activities
Document Number: 06-3344
Type: Rule
Date: 2006-04-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the California red-legged frog (Rana aurora draytonii) pursuant to the Endangered Species Act of 1973, as amended (Act). We are further finalizing a special rule associated with final listing of the California red-legged frog as threatened for existing routine ranching activities pursuant to section 4(d) of the Act. In total, approximately 450,288 acres (ac) (182,225 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Alameda, Butte, Contra Costa, El Dorado, Kern, Los Angeles, Marin, Merced, Monterey, Napa, Nevada, San Benito, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Ventura and Yuba counties, California.
Notice of Availability of the Draft Recovery Plan for the Chiricahua Leopard Frog
Document Number: E6-5354
Type: Notice
Date: 2006-04-12
Agency: Department of the Interior, Fish and Wildlife Service
The U.S. Fish and Wildlife Service (Service) announces the availability of the Draft Recovery Plan for the Chiricahua Leopard Frog (Draft Recovery Plan) for public review. The species occurs in montane and river valley cienegas, springs, pools, cattle tanks, reservoirs, streams, and rivers in central and southeastern Arizona, west-central and southwestern New Mexico, and the sky islands and Sierra Madre Occidental of northeastern Sonora and western Chihuahua, Mexico, at elevations of approximately 3,000-9,000 feet. The Draft Recovery Plan recommends actions to lessen and alleviate threats to the species, and presents objective and measurable delisting criteria. The Service solicits review and comment from the public on this Draft Recovery Plan.
Revision of Federal Duck Stamp Contest Regulations
Document Number: E6-5223
Type: Proposed Rule
Date: 2006-04-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service, or we), propose to revise the regulations governing the annual Migratory Bird Hunting and Conservation Stamp Contest [also known as the Federal Duck Stamp Contest (contest)]. Our proposed amendments would raise the contest entry fee by $25, to $125; update contest opening and entry deadline dates, locations, and mail and Internet site information; specify penalties for contestants who contact judges or copy designs from the Internet; relieve restrictions on our ability to announce judges' names; clarify ambiguous language in our regulations concerning matting of entries and minimum age of entrants; and update or correct technical advising for the contest, the common names and spelling of species on our list of contest design subjects, and minor grammar errors.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of 70 Species in Idaho, Oregon, Washington, and Hawaii, and Guam
Document Number: E6-5251
Type: Notice
Date: 2006-04-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the initiation of a 5-year review of 70 species under section 4(c)(2)(B) of the Endangered Species Act (Act). The purpose of a 5-year review is to ensure that the classification of a species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate and consistent with the best scientific and commercial data currently available. We are requesting submission of any such information that has become available since the original listing of each of the 70 species identified in Table 1 below. Based on the results of these 5- year reviews, we will determine whether any species should be proposed for removal from the list or its listing status should be changed pursuant to section 4(c)(2)(B) of the Act.
Notice of Availability of the Draft Comprehensive Conservation Plan and Environmental Assessment for D'Arbonne National Wildlife Refuge in Ouachita and Union Parishes, LA
Document Number: 06-3443
Type: Notice
Date: 2006-04-11
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for D'Arbonne National Wildlife Refuge are available for review and comment. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a comprehensive conservation plan for each national wildlife refuge. The purpose in developing a comprehensive conservation plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing wildlife observation, wildlife photography, and environmental education and interpretation. Significant issues addressed in the draft plan include: Bottomland hardwood forest management and restoration, integrity of mixed pine and hardwood forests, invasive plants, waterfowl management, neotropical migratory birds, species of concern, and level of visitor services.
Crocodile Lake National Wildlife Refuge
Document Number: 06-3434
Type: Notice
Date: 2006-04-11
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Crocodile Lake National Wildlife Refuge are available for distribution. The plan was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years.
Migratory Bird Hunting; Proposed 2006-07 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2007 Spring/Summer Migratory Bird Subsistence Harvest Proposals in Alaska
Document Number: 06-3418
Type: Proposed Rule
Date: 2006-04-11
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2006-07 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2006-07 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2007 spring/summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide hunting opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Cirsium hydrophilum
Document Number: 06-3343
Type: Proposed Rule
Date: 2006-04-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak) pursuant to the Endangered Species Act of 1973, as amended (Act). Approximately 2,119 acres (ac) (857 hectares (ha)) fall within the boundaries of the proposed critical habitat designation for C. hydrophilum var. hydrophilum in Solano County, California, and approximately 2,313 ac (936 ha) for C. mollis ssp. mollis in Contra Costa, Napa, and Solano Counties, California.
Application From the Nevada Department of Wildlife; Elko, Eureka, Lander, and Nye Counties, NV, for an Enhancement of Survival Permit
Document Number: E6-5091
Type: Notice
Date: 2006-04-07
Agency: Fish and Wildlife Service, Department of the Interior
In response to an application from the Nevada Department of Wildlife (Applicant), the Fish and Wildlife Service (we, the Service) is considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of Lahontan cutthroat trout (Oncorhynchus clarki henshawi) within the Humboldt River Distinct Population Segment and the Interior Basin areas in Nevada. The proposed duration of both the SHA and permit is 50 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement, which also is available for public review.
Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of Maguire Daisy, Holmgren Milk-Vetch, Shivwits Milk-Vetch, Virgin River Chub, Woundfin, and Kanab Ambersnail
Document Number: E6-5087
Type: Notice
Date: 2006-04-07
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces a 5- year review of Maguire daisy (Erigeron maguirei), Holmgren milk-vetch (Astragalus holmgreniorum), Shivwits milk-vetch (Astragalus ampullarioides), Virgin River chub (Gila seminuda), woundfin (Plagopterus argentissimus), and Kanab ambersnail (Oxyloma haydeni kanabensis) under the Endangered Species Act of 1973 (ESA). The purpose of reviews conducted under this section of the ESA is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.
Availability of an Environmental Assessment and Umbrella Incidental Take Permit Coverage for Small Lot Developments Throughout 34 Florida Counties
Document Number: E6-5036
Type: Notice
Date: 2006-04-06
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service has prepared, and proposes to make available for use by the public for a term of seven years, a combined Habitat Conservation Plan and Environmental Assessment (HCP/ EA) that addresses incidental take of the threatened Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) that would result from residential, commercial, industrial, and similar development activities on properties one acre or smaller in size located in urban areas. The Service anticipates that the HCP/EA will act as an ``umbrella'' document for qualifying landowners who might need an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) on an estimated total of 14,928 acres of scrub-jay foraging, sheltering, and nesting habitat throughout 34 counties. The HCP portion of this document identifies minimization and mitigation measures that will be required of individual landowners wishing to participate under the umbrella HCP/EA. A more detailed description of the mitigation and minimization measures required pursuant to section 10 of the Act is provided in the HCP/EA and in the SUPPLEMENTARY INFORMATION section below.
Receipt of Applications for Permit
Document Number: E6-5024
Type: Notice
Date: 2006-04-06
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.
Issuance of Permits
Document Number: E6-5018
Type: Notice
Date: 2006-04-06
Agency: Fish and Wildlife Service, Department of the Interior
The following permit was issued.
Draft Safe Harbor Agreement With Assurances and Application for an Enhancement of Survival Permit for the Houston Toad in Bastrop County, TX
Document Number: E6-4993
Type: Notice
Date: 2006-04-06
Agency: Fish and Wildlife Service, Department of the Interior
Small Family Investments, Ltd. (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The requested permit, which is for a period of 12 years, includes a draft Safe Harbor Agreement (SHA) for the endangered Houston toad (Bufo houstonensis) in Bastrop County, Texas. We invite the public to review and comment on the permit application and the associated SHA.
Receipt of an Application for an Incidental Take Permit for Proposed Construction of a Single-Family Home in Charlotte County, FL
Document Number: E6-4988
Type: Notice
Date: 2006-04-06
Agency: Fish and Wildlife Service, Department of the Interior
Robert Aulbach and Elizabeth Aulbach (Applicants) request an incidental take permit (ITP) for a one-year term pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate taking about 0.46 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.
Receipt of an Application and Availability of an Environmental Assessment for an Incidental Take Permit for Florida Scrub-Jays During Construction for the Expansion of the Deltona Regional Library, Deltona, Volusia County, FL
Document Number: E6-4985
Type: Notice
Date: 2006-04-06
Agency: Fish and Wildlife Service, Department of the Interior
The County of Volusia, Environmental Management Division (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking two families of Florida scrub- jays (Aphelocoma coerulescens) (scrub-jay) over the requested 30-year permit term as a result of the destruction of 1.9 acres of foraging, sheltering, and possible nesting habitat, incidental to land clearing for the expansion of the Deltona Regional Library and supporting infrastructure in Volusia County, Florida (Project). The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We announce the availability of the ITP application and HCP and an environmental assessment.
Receipt of Applications for Permit
Document Number: E6-4800
Type: Notice
Date: 2006-04-04
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/or marine mammals.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of 56 Species in California and Nevada; Correction
Document Number: 06-3195
Type: Notice
Date: 2006-04-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce corrections to our notice of review that published in the Federal Register on March 22, 2006, concerning initiation of 5-year reviews for 56 species in California and Nevada. The document contained the incorrect zip code for the Carlsbad Fish and Wildlife Office and two ambiguous tables indicating to which offices information for particular species should be submitted. The correct zip code for the Carlsbad Fish and Wildlife Office is 92011, and we are reprinting the address and contact information from the two tables.