Fish and Wildlife Service March 2009 – Federal Register Recent Federal Regulation Documents

Subsistence Management Regulations for Public Lands in Alaska-2009-10 and 2010-11 Subsistence Taking of Fish Regulations
Document Number: E9-6937
Type: Rule
Date: 2009-03-30
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses during the 2009-10 and 2010-11 regulatory years. The Federal Subsistence Board completes the biennial process of revising subsistence fishing and shellfishing regulations in odd- numbered years and subsistence hunting and trapping regulations in even-numbered years; public proposal and review processes take place
Endangered and Threatened Wildlife and Plants; Permits
Document Number: E9-6848
Type: Notice
Date: 2009-03-27
Agency: Fish and Wildlife Service, Department of the Interior
Between October 1, 2007, and September 30, 2008, the Pacific Region of the Fish and Wildlife Service (Service) issued 10 permits for enhancement of survival or incidental take of threatened and endangered species. These permits were issued pursuant to sections 10(a)(1)(A) and 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). Copies of the permits and associated decision documents are available upon request.
Endangered and Threatened Species Permit Applications
Document Number: E9-6568
Type: Notice
Date: 2009-03-26
Agency: Fish and Wildlife Service, Department of the Interior
The following applicants have applied for scientific research permits to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act). The Act requires that we invite public comment on these permit applications.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Yellow-Billed Loon as Threatened or Endangered
Document Number: E9-6012
Type: Proposed Rule
Date: 2009-03-25
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 yellow-billed loon (Gavia adamsii) as threatened or endangered, with critical habitat, under the Endangered Species Act of 1973, as amended (Act). The petitioners provided two listing options for consideration by the Service: (1) Listing the yellow-billed loon throughout its range, or (2) listing the United States population of the yellow-billed loon as a Distinct Population Segment (DPS). After a review of the best available scientific and commercial information, we have determined that listing the yellow-billed loon rangewide under the Act is warranted but precluded by other higher priority listing actions.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of 58 Species in California, Nevada, Arizona, and Utah; Availability of Completed 5-Year Reviews in California and Nevada
Document Number: E9-5520
Type: Notice
Date: 2009-03-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, initiate 5-year reviews for 58 species under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened (see Table 1 below). Based on the results of these 5-year reviews, we will make a finding on whether these species are properly classified under the Act. We also indicate in this notice 42 5-year reviews we completed for species in California and Nevada in mid to late Fiscal Year (FY) 2008. Reviews we completed for 16 species in early FY 2008 were indicated in our previous initiation notice published in the Federal Register on March 5, 2008 (73 FR 11945).
Endangered and Threatened Wildlife and Plants; Determination of Significant Portion of the Range of Marine and Estuarine Areas of the Southwestern Washington/Columbia River Distinct Population Segment of Coastal Cutthroat Trout (Oncorhynchus clarki clarki
Document Number: E9-5890
Type: Proposed Rule
Date: 2009-03-24
Agency: Fish and Wildlife Service, Department of the Interior
On July 5, 2002, we, the U.S. Fish and Wildlife Service (Service), published a withdrawal of the proposed rule to list the Southwestern Washington/Columbia River distinct population segment (DPS) of the coastal cutthroat trout (Oncorhynchus clarki clarki) as threatened under the Endangered Species Act of 1973, as amended (Act). As a result of litigation, we are now reconsidering our withdrawal of the proposed rule with specific regard to the question of whether the marine and estuarine areas may constitute a significant portion of the range of the Southwestern Washington/Columbia River DPS of coastal cutthroat trout, and if so, whether that portion is threatened or endangered. We hereby notify the public, other concerned governmental agencies, the scientific community, industry, and any other interested party of our request for information, data, or comments on the marine and estuarine areas of the Southwestern Washington/Columbia River DPS of coastal cutthroat trout, with particular regard to whether these areas constitute a significant portion of the range of the DPS under the Act, and if so, whether the subspecies is threatened or endangered in those areas.
Paiute Cutthroat Trout Restoration Project Draft Environmental Impact Statement (EIS)/Environmental Impact Report (EIR)
Document Number: E9-6098
Type: Notice
Date: 2009-03-20
Agency: Fish and Wildlife Service, Department of the Interior
This notice announces the availability of the Paiute Cutthroat Trout Restoration Project Draft Environmental Impact Statement (EIS)/ Environmental Impact Report (EIR) for public review and comment. We, the Fish and Wildlife Service (Service), along with the USDA Forest Service, Humboldt-Toiyabe National Forest (Cooperating Agency), and the California Department of Fish and Game (CDFG, California Environmental Quality Act lead agency) (collectively, the Agencies), are proposing to restore Paiute cutthroat trout to their historical range within the Silver King Creek watershed, Alpine County, California. To accomplish this, the Agencies must first eradicate the non-native and hybrid trout which currently occupy the habitat.
Proposed Information Collection; OMB Control Number 1018-0133; Control and Management of Resident Canada Geese
Document Number: E9-5960
Type: Notice
Date: 2009-03-18
Agency: Fish and Wildlife Service, Department of the Interior
We (Fish and Wildlife Service, 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. This IC is scheduled to expire on August 31, 2009. 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.
Endangered and Threatened Wildlife and Plants; 5-Year Reviews
Document Number: E9-5805
Type: Notice
Date: 2009-03-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), initiate 5- year reviews of two threatened species (prairie bush-clover and Mead's milkweed) and seven endangered species [Scioto madtom, purple cat's paw pearlymussel, winged mapleleaf (mussel), Tumbling Creek cavesnail, Karner blue butterfly, Mitchell's satyr butterfly, and Michigan monkey- flower] under the Endangered Species Act of 1973, as amended (Act). We request any new information on each species that may have a bearing on its classification as endangered or threatened. Based on the results of these 5-year reviews, we will make a finding on whether these species are properly classified under the Act.
Endangered and Threatened Wildlife and Plants; Permit Applications
Document Number: E9-5804
Type: Notice
Date: 2009-03-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act requires that we invite public comment before issuing these permits.
Proposed Information Collection; OMB Control Number 1018-0109; Wildlife and Sport Fish Grants and Cooperative Agreements
Document Number: E9-5794
Type: Notice
Date: 2009-03-18
Agency: Fish and Wildlife Service, Department of the Interior
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. This IC is scheduled to expire on June 30, 2009. 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.
Endangered and Threatened Wildlife and Plants; Listing the Plant Lepidium papilliferum (Slickspot Peppergrass) as Endangered
Document Number: E9-5697
Type: Proposed Rule
Date: 2009-03-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of new information relevant to our consideration of the status of Lepidium papilliferum (slickspot peppergrass), proposed for listing as endangered, under the Endangered Species Act of 1973, as amended (Act). We, therefore, announce the reopening of the comment period on the proposed listing and invite interested members of the public to submit comments on this new information as it applies to the status and proposed listing of L. papilliferum. Information previously submitted for this proposed listing need not be resubmitted, as all information already received regarding this proposed listing will be incorporated into the public record and fully considered in our evaluation.
Endangered and Threatened Wildlife and Plants; Listing Phyllostegia hispida
Document Number: E9-5348
Type: Rule
Date: 2009-03-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973, as amended (Act), for Phyllostegia hispida (no common name), a plant species from the island of Molokai in the Hawaiian Islands. This final rule implements the Federal protections provided by the Act for this species. We have also determined that critical habitat for P. hispida is prudent but not determinable at this time.
Umbagog (Formerly “Lake Umbagog”) National Wildlife Refuge, Coos County, NH and Oxford County, ME
Document Number: E9-5592
Type: Notice
Date: 2009-03-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the decision and availability of the record of decision (ROD) for the final comprehensive conservation plan (CCP) and environmental impact statement (EIS) for the Umbagog (formerly ``Lake Umbagog'') National Wildlife Refuge (NWR). The refuge is located in Coos County, New Hampshire, and Oxford County, Maine. We completed a thorough analysis of the environmental, social, and economic considerations and presented it in our final CCP/EIS, which we released to the public through a Federal Register notice on December 3, 2008. The ROD documents our decision to adopt and implement the final CCP/EIS Alternative B, Management for Particular Habitats and Focal Species as the CCP for Umbagog NWR. Alternative B was identified as the Service-preferred alternative in the final CCP/EIS. The Regional Director, U.S. Fish and Wildlife Service, Northeast Region, signed the ROD on January 9, 2009.
Receipt of an Application for an Incidental Take Permit for a Training Facility in Charlotte County, FL
Document Number: E9-5591
Type: Notice
Date: 2009-03-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Visually Impaired Persons of Charlotte County (applicant) requests an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking about 1.91 acres of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of a training facility and supporting infrastructure in Charlotte County, Florida (Project). The applicant's HCP describes the mitigation and minimization measures proposed to address the effects of the Project to the scrub-jay.
TakeMeFishing.org Web Site Advertising Guidelines
Document Number: E9-5589
Type: Notice
Date: 2009-03-16
Agency: Fish and Wildlife Service, Department of the Interior
The Recreational Boating & Fishing Foundation (RBFF) will sell advertising on its http://TakeMeFishing.org Web site to help generate revenue from non-Federal funds to expand its outreach program. RBFF has adopted final advertising guidelines to determine who can advertise and how the advertising sales will be operated.
Availability of Birds of Conservation Concern 2008
Document Number: E9-5548
Type: Notice
Date: 2009-03-16
Agency: Fish and Wildlife Service, Department of the Interior
We announce the availability of Birds of Conservation Concern 2008. This publication identifies species, subspecies, and populations of migratory and nonmigratory birds in need of additional conservation actions. We hope to stimulate coordinated and collaborative proactive conservation actions among Federal, State, tribal, and private partners.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of 103 Species in Hawaii
Document Number: E9-5523
Type: Notice
Date: 2009-03-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are initiating 5-year reviews for 103 species in Hawaii under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of these 5-year reviews we will determine whether these species are properly classified under the Act.
Receipt of Applications for Permit
Document Number: E9-5444
Type: Notice
Date: 2009-03-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species and marine mammals. Both the Endangered Species Act and the Marine Mammal Protection Act require that we invite public comment on these permit applications.
Farallon National Wildlife Refuge, San Francisco County, CA
Document Number: E9-5392
Type: Notice
Date: 2009-03-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, published a notice in the Federal Register on December 22, 2008, announcing the availability of the draft comprehensive conservation plan and environmental assessment for Farallon National Wildlife Refuge, and opening a comment period ending February 20, 2009. With this notice, we announce our decision to reopen the comment period until April 13, 2009.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Roswell springsnail (Pyrgulopsis roswellensis
Document Number: E9-5357
Type: Proposed Rule
Date: 2009-03-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), take this action pursuant to a settlement agreement and court order that vacated, in part, the August 9. 2005 final rule that designated critical habitat under the Endangered Species Act of 1973, as amended (Act), for the Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail (Juturnia kosteri), Noel's amphipod (Gammarus desperatus), and Pecos assiminea (Assiminea pecos) with respect to lands at the Bitter Lake National Wildlife Refuge. Accordingly, the February 12, 2002, proposed critical habitat designation is reinstated for these invertebrates with respect to Bitter Lake National Wildlife Refuge and we announce the reopening of the public comment period for the February 12, 2002, proposed rule in order to reconsider designation of these lands. This re-evaluation of the designation of critical habitat at Bitter Lake National Wildlife Refuge does not affect the designation of critical habitat at Diamond Y Spring and Sandia Spring. Comments previously submitted on the February 12, 2002, proposed rule (67 FR 6459) need not be resubmitted as they have been incorporated into the public record as part of this reopening of the comment period and will be fully considered in preparation of the final rule. Additionally, so that we may fully consider any new information available, we are also soliciting comments and information on the final economic analysis and final environmental assessment that were made available concurrent with the August 9, 2005, final designation of critical habitat.
Environmental Restoration Project; Phoenix Reach of the Rio Salado
Document Number: E9-5163
Type: Notice
Date: 2009-03-11
Agency: Fish and Wildlife Service, Department of the Interior
The City of Phoenix (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), as amended. The requested permit, which is for a period of 50 years, would authorize incidental take of Yuma clapper rail (Rallus longirostris yumanensis), southwestern willow flycatcher (Empidonax traillii extimus), bald eagle (Haliaeetus Leucocephalus), and brown pelican (Pelecanus occidentalis) as a result of operation and maintenance activities associated with the Rio Salado Project. We invite the public to review and comment on the permit application and the associated draft Safe Harbor Agreement (SHA).
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Cirsium loncholepis (La Graciosa thistle)
Document Number: E9-4788
Type: Proposed Rule
Date: 2009-03-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed revised designation of critical habitat for Cirsium loncholepis (common name La Graciosa thistle) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the January 16, 2009, draft economic analysis (DEA) of the proposed revised designation of critical habitat for C. loncholepis and announce an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revised designation of critical habitat for C. loncholepis, the associated DEA, and the amended required determinations section. Comments previously submitted on this rulemaking do not need to be resubmitted. These comments have already been incorporated into the public record and will be fully considered in preparation of the final rule.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Louisiana Black Bear (Ursus americanus luteolus)
Document Number: E9-4536
Type: Rule
Date: 2009-03-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Louisiana black bear (Ursus americanus luteolus) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,195,821 acres (483,932 hectares) in Avoyelles, East Carroll, Catahoula, Concordia, Franklin, Iberia, Iberville, Madison, Pointe Coupee, Richland, St. Martin, St. Mary, Tensas, West Carroll, and West Feliciana Parishes, Louisiana, fall within the boundaries of the critical habitat designation.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Oregon Chub (Oregonichthys crameri)
Document Number: E9-4528
Type: Proposed Rule
Date: 2009-03-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Oregon chub (Oregonichthys crameri) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 53 hectares (ha) (132 acres (ac)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Benton, Lane, Linn, and Marion Counties, Oregon.
Safe Harbor Agreement for East Bay Municipal Utility District Lands in San Joaquin, Amador, and Calaveras Counties, California
Document Number: E9-4944
Type: Notice
Date: 2009-03-09
Agency: Fish and Wildlife Service, Department of the Interior
This notice advises the public that East Bay Municipal Utility District (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a Safe Harbor Agreement (Agreement) for three Federally threatened species: Valley elderberry longhorn beetle (Desmocerus californicus dimorphus), California red-legged frog (Rana aurora draytonii), and California tiger salamander (Ambystoma californiense). The Agreement is available for public comment.
Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting
Document Number: E9-4858
Type: Notice
Date: 2009-03-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), will host a Wind Turbine Guidelines Advisory Committee (Committee) meeting on March 24-26, 2009. The meeting is open to the public. The meeting agenda will include reports from the Subcommittees on Incentives, Legal, Science Tools & Procedures, and Synthesis, and discussion of the draft Recommendations to the Secretary.
Receipt of Applications for Endangered Species Permits
Document Number: E9-4827
Type: Notice
Date: 2009-03-09
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with threatened and endangered species.
Receipt of Applications for Endangered Species Permits
Document Number: E9-4826
Type: Notice
Date: 2009-03-09
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with threatened and endangered species.
Endangered Species Recovery Permit Applications
Document Number: E9-4647
Type: Notice
Date: 2009-03-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing these permits.
Migratory Bird Hunting; Application for Approval of Tungsten-Iron-Fluoropolymer Shot as Nontoxic for Waterfowl Hunting
Document Number: E9-4455
Type: Proposed Rule
Date: 2009-03-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce that Tundra Composites, LLC, of White Bear Lake, Minnesota, has applied for our approval of shot composed of alloys of tungsten, iron, and fluoropolymer as nontoxic for waterfowl hunting in the United States. The alloys are 41.5 to 95.2 percent tungsten, 1.5 to 52.0 percent steel, and 3.5 to 8.0 percent fluoropolymer by weight. We have initiated review of the shot under the criteria we have set out in our nontoxic shot approval procedures in our regulations.
Endangered and Threatened Wildlife and Plants; Initiation of Status Review for the Roundtail Chub (Gila robusta) in the Lower Colorado River Basin
Document Number: E9-4155
Type: Proposed Rule
Date: 2009-03-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a status review for the roundtail chub (Gila robusta) in the lower Colorado River basin. Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, the roundtail chub. We request information on the status of roundtail chub throughout the range of the species, in order to evaluate a petition to list a distinct population segment (DPS) in the lower Colorado River basin.
Town of Marana Habitat Conservation Plan, Pima County, AZ
Document Number: E9-4319
Type: Notice
Date: 2009-03-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received an application from the Town of Marana (Applicant) for an incidental take permit (ITP) under the Endangered Species Act of 1973 (Act). The Applicant has been assigned permit number TE-204887-0. If approved, the permit would be for a period of 25 years, and would authorize incidental take of two species currently listed under the Act, and 11 species that may become listed under the Act in the future (collectively ``covered species''). The proposed incidental take would occur in Pima County, Arizona, as a result of impacts on covered species and occupied habitat from specified actions conducted under the authority of the Town of Marana. We request public comments on the application and associated documents, and announce our plan to hold public meetings.