Fish and Wildlife Service 2007 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Acanthomintha ilicifolia (San Diego thornmint) under the Endangered Species Act of 1973, as amended (Act). We have determined that a total of approximately 1,936 acres (ac) (783 hectares (ha)) in San Diego County, California, meets the definition of critical habitat. We are proposing to exclude 1,302 ac (527 ha) from the critical habitat designation. If these proposed exclusions are adopted, this would result in a designation of critical habitat of approximately 634 ac (257 ha) of land under Federal (553 ac (224 ha)), and State and local (81 ac (33 ha)), ownership in San Diego County, California.

We, the Fish and Wildlife Service (Service), announce the availability of the Final Conservation Strategy for the Grizzly Bear in the Greater Yellowstone Area (Final Conservation Strategy). This document will guide management decisions for the Yellowstone grizzly bear population upon delisting.

We, the U.S. Fish and Wildlife Service (Service), have received an application from the San Diego Gas and Electric Company (Applicant) for a 40-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 federally endangered Quino checkerspot butterfly (Euphydryas editha quino) associated with the operation and maintenance of the existing gas and electric system, and construction of new facilities. A conservation program to mitigate for the project activities would be implemented by the Applicant as described in the Quino Checkerspot Butterfly Habitat Conservation Plan for the San Diego Gas and Electric Company, San Diego, Riverside and Orange Counties, California (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 and the associated Low Effect Screening Form (Screening Form), which is also available for public review.

The Fish and Wildlife Service intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment for Watercress Darter National Wildlife Refuge. This notice is furnished in compliance with the Service's comprehensive conservation planning policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

We, the Fish and Wildlife Service, intend to gather information necessary to prepare a comprehensive conservation plan and associated environmental documents for Buck Island, Green Cay, and Sandy Point National Wildlife Refuges. We furnish this notice in compliance with our comprehensive conservation planning policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

This notice announces the receipt of an application from the Contra Costa County Flood Control and Water District (Flood Control District) and the availability of the final Environmental Impact Statement/Environmental Impact Report (EIS/EIR), East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan (Plan), and Implementing Agreement (IA) for public review and comment. A notice of availability of the draft EIS/EIR was published in the Federal Register on September 2, 2005. The application described in that notice did not include the Flood Control District, which has since been added to the list of proposed permittees. The Fish and Wildlife Service (Service) is considering the proposed action of issuing a 30- year incidental take permit for 28 species in response to the application. The proposed permittees are: Contra Costa County (County); the cities of Brentwood, Clayton, Oakley, and Pittsburg (cities); the Flood Control District; East Bay Regional Park District; and an Implementing Entity to be formed by the County and the cities to implement certain aspects of the Plan. The proposed permit would authorize the incidental take of individual members of species listed under the 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 174,018-acre planning area located in eastern Contra Costa County, California.

The Copper Mountain Community College District (District) has applied to the Fish and Wildlife Service (Service or ``we'') for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). We are considering issuing a 16-year permit to the District that would authorize take of the federally threatened desert tortoise (Gopherus agassizii) incidental to otherwise lawful activities associated with the expansion of their existing campus onto 71.57 acres of their 156.53-acre property. We are requesting comments on the permit application, Habitat Conservation Plan (Plan), Environmental Assessment (EA), and Implementing Agreement (IA). The District's Plan describes the mitigation and minimization measures they would implement, as required in Section 10(a)(2)(B) of the Act, to address the effects of the project on the desert tortoise (see SUPPLEMENTARY INFORMATION). The EA describes the project's impacts on the human environment and analyzes the significance of those impacts. The IA describes the roles and responsibilities of District, the Service, and Joshua Tree National Park (Park) in implementation of the Plan. The draft Plan, EA, and IA are available for public review.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Monongahela River Basin population of Catostomus catostomus (longnose sucker) as endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that listing C. catostomus may be warranted. This finding is based on our determination that there is insufficient evidence to indicate that the Monongahela River Basin population of C. catostomus represents a distinct population segment (DPS) and, therefore, it cannot be considered a listable entity under section 3(15) of the Act. Accordingly, we will not initiate a status review in response to this petition. However, the public may at any time submit to us information concerning whether the Monongahela River Basin population of Catostomus catostomus meets the DPS criteria for this otherwise widespread species.

Lee Combs (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE-140983-0) pursuant to Section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The requested permit, which is for a period of five years, would authorize incidental take of the Houston toad (Bufo houstonensis). The proposed take would occur as a result of the construction and occupation of commercial development on Lot 1, a 0.75- acre property located on Highway 71 in the Tahitian Village Subdivision, Bastrop County, Texas. We invite public comment.

We, the U.S. Fish and Wildlife Service (Service or we), extended the public comment period on the proposed rule to remove the Virginia northern flying squirrel (Glaucomys sabrinus fuscus), more commonly known as the West Virginia northern flying squirrel (WVNFS), on February 21, 2007 (72 FR 7852). However, we inadvertently left out the e-mail address to which the public could send comments. This document corrects that error.

Lee Combs (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE-141969-0) pursuant to Section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The requested permit, which is for a period of five years, would authorize incidental take of the Houston toad (Bufo houstonensis). The proposed take would occur as a result of the construction and occupation of commercial development on Lot 3, a 1.15- acre property located on Highway 71 in the Tahitian Village Subdivision, Bastrop County, Texas. We invite public comment.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Joseph Pansulla (Applicant) requests 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 Applicant anticipates taking about 0.79 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 residence and supporting infrastructure in Sarasota County, Florida (Project). The destruction of 0.79 acre of foraging and sheltering habitat is expected to result in the take of one family of scrub-jays. The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay.

We, the U.S. Fish and Wildlife Service (Service, we) intend to gather information necessary to prepare a comprehensive conservation plan (CCP) and associated environmental documents for nine (9) Wetland Management Districts (WMDs) located in the State of North Dakota. The nine (9) WMDs are Devils Lake, Arrowwood, Valley City, Chase Lake, Kulm, Audubon, J. Clark Salyer, Lostwood and Crosby. We furnish this notice in compliance with our CCP policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, or possessing of migratory birds unless permitted by regulations promulgated by the Secretary of the Interior. While some courts have held that the MBTA does not apply to Federal agencies, in July 2000, the United States Court of Appeals for the District of Columbia Circuit ruled that the prohibitions of the MBTA do apply to Federal agencies, and that a Federal agency's taking and killing of migratory birds without a permit violated the MBTA. On March 13, 2002, the United States District Court for the District of Columbia ruled that military training exercises of the Department of the Navy that incidentally take migratory birds without a permit violate the MBTA. On December 2, 2002, the President signed the 2003 National Defense Authorization Act (Authorization Act). Section 315 of the Authorization Act provides that, not later than one year after its enactment, the Secretary of the Interior (Secretary) shall exercise his/her authority under Section 704(a) of the MBTA to prescribe regulations to exempt the Armed Forces for the incidental taking of migratory birds during military readiness activities authorized by the Secretary of Defense or the Secretary of the military department concerned. The Authorization Act further requires the Secretary to promulgate such regulations with the concurrence of the Secretary of Defense. The Secretary has delegated this task to the U.S. Fish and Wildlife Service (Service). In passing the Authorization Act, Congress itself determined that allowing incidental take of migratory birds as a result of military readiness activities is consistent with the MBTA and the treaties. With this language, Congress clearly expressed its intention that the Armed Forces give appropriate consideration to the protection of migratory birds when planning and executing military readiness activities, but not at the expense of diminishing the effectiveness of such activities. This rule has been developed by the Service in coordination and cooperation with the Department of Defense and the Secretary of Defense concurs with the requirements herein. Current regulations authorize permits for take of migratory birds for activities such as scientific research, education, and depredation control (50 CFR parts 13, 21 and 22). However, these regulations do not expressly address the issuance of permits for incidental take. As directed by Section 315 of the Authorization Act, this rule authorizes such take, with limitations, that result from military readiness activities of the Armed Forces. If any of the Armed Forces determine that a proposed or an ongoing military readiness activity may result in a significant adverse effect on a population of a migratory bird species, then they must confer and cooperate with the Service to develop appropriate and reasonable conservation measures to minimize or mitigate identified significant adverse effects. The Secretary of the Interior, or his/her designee, will retain the power to withdraw or suspend the authorization for particular activities in appropriate circumstances.

Mr. Val Norman (Applicant/Cooperator) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit (ESP) for the Utah prairie dog (UPD) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). This permit application includes a Safe Harbor Agreement (SHA) between the Applicant and the Service. 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.

We, the U.S. Fish and Wildlife Service (FWS), announce the FY 2007 priority list of wildlife and sport fish conservation projects from the Association of Fish and Wildlife Agencies (AFWA). As required by the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000, each year AFWA submits a list of projects to us for consideration of funding by the Multistate Conservation Grant Program. We then review and award grants from this list.

Green Diamond Resource Company (Green Diamond) (previously Simpson Timber Company) has applied to the Fish and Wildlife Service (Service) to amend its existing incidental take permit (ITP) for the federally threatened northern spotted owl (Strix occidentalis caurina; ``NSO''). The existing ITP was issued in 1992, in association with a Habitat Conservation Plan (Plan) and Implementation Agreement (IA), pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The proposed ITP amendment would authorize the take of eight additional owl pairs on Green Diamond's ownership in Humboldt and Del Norte counties, California. These additional takes would be authorized during the existing permit term expiring in 2022, and would provide Green Diamond operational flexibility while they and the Service further consider and evaluate the findings of a 10-year, comprehensive Plan review. The application for permit amendment includes proposed amendments to the existing IA and Plan, which describe the proposed action and the measures that Green Diamond will undertake to minimize and mitigate take of the NSO.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The following permits were issued.

This notice advises the public that the Fish and Wildlife Service (Service) intends to prepare a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA), pursuant to the National Environmental Policy Act of 1969 (NEPA) and its implementing regulations, for Back Bay National Wildlife Refuge (NWR), located within the City of Virginia Beach, Virginia. This notice also advises the public that the Service is withdrawing a previous notice, published on May 8, 2002, stating that an Environmental Impact Statement (EIS) would be developed for the refuge. Comments already received under the previous notice will be considered during preparation of the subject CCP/EA. 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.): (1) To advise other agencies and the public of our intentions, and (2) to obtain suggestions and information on the scope of issues to include in the environmental documents.

The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council. Primary objectives of the meeting will include discussion of the following topics: Trinity River Restoration Program (TRRP) FY08 budget, 2007 Trinity River flow schedule, TRRP science program issues, 2006 salmon returns, salmon disease and mortality studies, Central Valley Project Improvement Act program review, TRRP executive director's report, and election of TAMWG officers. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC, which is scheduled to expire on May 31, 2007. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.