Fish and Wildlife Service October 2008 – Federal Register Recent Federal Regulation Documents

We, the Fish and Wildlife Service (Service), announce the availability of five Incidental Take Permit applications and Habitat Conservation Plans (HCPs) under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants collectively anticipate removing a total of approximately 2.04 acres of Mount Hermon June beetle (Polyphylla barbata) occupied habitat, and one HCP also includes the federally endangered Ben Lomond spineflower (Chorizanthe pungens var. hartwegiana) as a covered species. We are requesting comments on the permit applications and on our preliminary determination that the proposed HCPs qualify as ``low effect'' HCPs, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the California, Oregon, and Washington population of the marbled murrelet (Brachyramphus marmoratus) from the Federal List of Endangered and Threatened Wildlife (List) under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial information indicating that the petitioned action may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the marbled murrelet, which will also serve as our 5-year status review for the species. Concurrent with making our 12-month finding on the petition and conducting a 5-year status review, we intend to review the rangewide status of the species, and if necessary, the configuration and status of any distinct population segments. To ensure a comprehensive review, we are soliciting scientific and commercial data and other information on the marbled murrelet relevant to its listing status under the Act. At the conclusion of our status review, we will issue a 12-month finding on the petition.