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

Receipt of Applications for Permit
Document Number: E9-26147
Type: Notice
Date: 2009-10-30
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 for permits to conduct certain activities with endangered species. The Endangered Species Act requires that we invite public comment on these permit applications.
Cross Creeks National Wildlife Refuge, Stewart County, TN
Document Number: E9-26055
Type: Notice
Date: 2009-10-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Cross Creeks National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.
Office of the Secretary; Renewal of the Wind Turbine Guidelines Advisory Committee
Document Number: E9-26015
Type: Notice
Date: 2009-10-29
Agency: Fish and Wildlife Service, Department of the Interior
The Secretary of the Interior (Secretary), after consultation with the General Services Administration, has renewed the Wind Turbine Guidelines Advisory Committee. The Committee will provide advice and recommendations to the Secretary on developing effective measures to avoid or minimize impacts to wildlife and their habitats related to land-based wind energy facilities.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Polar Bear (Ursus maritimus
Document Number: E9-25876
Type: Proposed Rule
Date: 2009-10-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for polar bear (Ursus maritimus) populations in the United States under the Endangered Species Act of 1973, as amended (Act). In total, approximately 519,403 square kilometers (km\2\) (200,541 square miles (mi\2\)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Alaska and adjacent territorial and U.S. waters.
Endangered and Threatened Wildlife and Plants; Status Review of Arctic Grayling (Thymallus arcticus
Document Number: E9-25990
Type: Proposed Rule
Date: 2009-10-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973, as amended (Act), give notice of our intent to conduct a status review of Arctic grayling (Thymallus arcticus) in the upper Missouri River system. We conduct status reviews to determine whether the entity should be listed as endangered or threatened under the Act. Through this notice, we encourage all interested parties to provide us information regarding Arctic grayling in the upper Missouri River basin.
Meeting Announcement: North American Wetlands Conservation Council
Document Number: E9-25934
Type: Notice
Date: 2009-10-28
Agency: Fish and Wildlife Service, Department of the Interior
The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2009-10 Late Season
Document Number: E9-25932
Type: Rule
Date: 2009-10-28
Agency: Fish and Wildlife Service, Department of the Interior
On September 2 and 25, 2009, we, the U.S. Fish and Wildlife Service (Service), published two final rules that established special early- and late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. In error, the second of these rules omitted from the regulatory text pertaining to late-season hunting by the White Mountain Apache Tribe the dates and bag limits for duck and Canada goose. This document corrects those errors.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Northern Leopard Frog (Lithobates
Document Number: E9-25883
Type: Proposed Rule
Date: 2009-10-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public information solicitation period on our July 1, 2009, initiation of status review and 90-day finding on a petition to list the western U.S. population of the northern leopard frog (Lithobates [=Rana] pipiens) as threatened under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit information and materials on the status of the northern leopard frog. Information previously submitted need not be resubmitted as it has already been incorporated into the public record and will be fully considered in the 12-month finding.
Endangered and Threatened Wildlife and Plants; 90-day Finding on a Petition To List the American Dipper in the Black Hills of South Dakota as Threatened or Endangered
Document Number: E9-25524
Type: Proposed Rule
Date: 2009-10-27
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 distinct population segment (DPS) of American dipper (Cinclus mexicanus unicolor) in the Black Hills of South Dakota as threatened or endangered and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). For the purposes of this finding, we evaluated whether the petition presents substantial information to indicate whether the petitioned entity (the American dipper in the Black Hills of South Dakota) is a listable entity. Based on our review of the best available scientific and commercial information, we conclude that the American dipper in the Black Hills of South Dakota is not a listable entity under the Act. Because the petition did not present substantial information that the American dipper in the Black Hills of South Dakota is a DPS, we did not evaluate whether the information contained in the petition regarding threats was substantial. Therefore, we will not initiate a status review to determine if listing this subspecies is warranted in response to this petition. However, the public may submit to us new information concerning the subspecies, its status, or threats to it at any time.
Issuance of Permits
Document Number: E9-25638
Type: Notice
Date: 2009-10-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species.
Receipt of Applications for Permit
Document Number: E9-25637
Type: Notice
Date: 2009-10-26
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 for permits to conduct certain activities with endangered species. The Endangered Species Act requires that we invite public comment on these permit applications.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0075; Federal Subsistence Regulations and Associated Forms
Document Number: E9-25599
Type: Notice
Date: 2009-10-23
Agency: Fish and Wildlife Service, Department of the Interior
We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This information collection is scheduled to expire on October 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Buena Vista Lake shrew
Document Number: E9-25242
Type: Proposed Rule
Date: 2009-10-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise our designation of critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) under the Endangered Species Act of 1973, as amended (Act). Our proposal is the same as the proposed critical habitat we published on August 19, 2004 (69 FR 51417). In total, approximately 4,649 acres (ac) (1,881 hectares (ha)) occur within the boundaries of the proposed revised critical habitat designation. The proposed revised critical habitat is located in the Central Valley floor of Kern County, California.
Receipt of Application for Incidental Take Permit for One Parking Facility in Escambia County, FL
Document Number: E9-25140
Type: Notice
Date: 2009-10-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service, announce the availability of a proposed HCP, an accompanying ITP application, and an EA related to a proposed development that would take the Perdido Key beach mouse (Peromyscus polionotus trissyllepsis) on Perdido Key in Escambia County, Florida. The HCP analyzes the take of the Federally endangered Perdido Key beach mouse incidental to construction and maintenance of a parking facility (Project). Spanish Key Condominium (Applicant) requests an ITP under the Endangered Species Act of 1973 (Act), as amended. The Applicant's HCP describes the mitigation and minimization
Keālia Pond National Wildlife Refuge and Kakahai‘a National Wildlife Refuge, Maui County, HI
Document Number: E9-25139
Type: Notice
Date: 2009-10-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for the Ke[amacr]lia Pond and Kakahai`a National Wildlife Refuges (NWRs). We will also prepare an evaluation under the National Environmental Policy Act (NEPA) to analyze the potential environmental effects of various CCP alternatives. We provide this notice in compliance with our CCP policy to advise the public, other Federal and State agencies, and Native Hawaiian organizations of our intentions and to obtain suggestions and information on the scope of issues to be considered in the planning process. We are also announcing two public open house meetings; see SUPPLEMENTARY INFORMATION for details.
Migratory Bird Hunting; Approval of Tungsten-Iron-Fluoropolymer Shot Alloys as Nontoxic for Hunting Waterfowl and Coots; Availability of Final Environmental Assessment
Document Number: E9-25108
Type: Rule
Date: 2009-10-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, approve tungsten-iron- fluoropolymer shot alloys for hunting waterfowl and coots. Having completed our review of the application materials, we have concluded that these alloys are very unlikely to adversely affect fish, wildlife, or their habitats. We therefore add this shot type to the list of those approved for hunting waterfowl and coots.
Receipt of Applications for Permit
Document Number: E9-24874
Type: Notice
Date: 2009-10-16
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 for permits to conduct certain activities with endangered species. The Endangered Species Act requires that we invite public comment on these permit applications.
Subsistence Management Regulations for Public Lands in Alaska, Subpart B; Special Actions
Document Number: E9-24653
Type: Proposed Rule
Date: 2009-10-14
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
We, the U.S. Forest Service and U.S. Fish and Wildlife Service, are proposing to amend the regulations that manage take of wildlife and fish in Alaska for subsistence purposes to clarify them. In particular, we want to clarify the Federal Subsistence Board's
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Arroyo Toad (Anaxyrus californicus)
Document Number: E9-24076
Type: Proposed Rule
Date: 2009-10-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for the arroyo toad (Anaxyrus californicus), pursuant to the Endangered Species Act of 1973, as amended (Act). The previous final rule designated 11,695 acres (ac) (4,733 hectares (ha)) of critical habitat and was published in the Federal Register (FR) on April 13, 2005. We now propose to designate approximately 109,110 ac (44,155 ha) of lands located in Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, Orange, and San Diego Counties, California, which, if finalized as proposed, would result in an increase of approximately 97,415 ac (39,422 ha) of critical habitat.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; 1018-0142; Wildlife Without Borders Critically Endangered Animals Conservation Fund Grant Program
Document Number: E9-24455
Type: Notice
Date: 2009-10-09
Agency: Fish and Wildlife Service, Department of the Interior
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. This ICR is scheduled to expire on November 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Endangered and Threatened Wildlife and Plants; Permit Application, Northern Spotted Owl, Oregon
Document Number: E9-24346
Type: Notice
Date: 2009-10-08
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 Oregon Department of Forestry's (ODF) enhancement of survival permit (permit) application under the Endangered Species Act of 1973, as amended. The permit application includes a proposed programmatic safe harbor agreement (Agreement) between ODF, the U.S. Department of AgricultureNatural Resources Conservation Service (NRCS), and the Service. The requested permit would authorize ODF to extend incidental take coverage with assurances through issuance of Certificates of Inclusion to eligible landowners willing to carry out habitat management measures expected to benefit the northern spotted owl (Strix occidentalis caurina), which is federally listed as threatened. We are reopening the comment period for 30 days. The original notice of availability was published in the Federal Register on July 21, 2009 (74 FR 35883), and contains additional information regarding the permit application. Previous comments need not be resubmitted.
Federal Sport Fish Restoration; California Department of Fish and Game Fish Hatchery and Stocking Program
Document Number: E9-24342
Type: Notice
Date: 2009-10-08
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (FWS) announces the availability of the draft EIR/EIS for the California Department of Fish and Game's (CDFG) Fish Hatchery and Stocking Program (Program). FWS is lead agency, under the National Environmental Policy Act (NEPA) of 1969, as amended, for the draft EIR/EIS jointly prepared with CDFG. Under the Sport Fish Restoration Act (SFRA), FWS proposes to fund actions associated with the operation of CDFG's 14 trout hatcheries and the Mad River Hatchery for the anadromous steelhead, and stocking from the 15 hatcheries. The Federal action does not include funding CDFG's other anadromous fish hatcheries and associated stocking, nor its issuance of private stocking permits. SFRA funding may also support CDFG's Fishing in the City and Classroom Aquarium Education Programs. CDFG is the lead agency under the California Environmental Quality Act (CEQA) and proposes to implement hatchery operations and stocking funded by FWS, as well as all other components of the CDFG Program, including anadromous fish hatchery operations and associated stocking, and issuance of stocking permits to private parties seeking to stock fish in California's inland waters. We invite and encourage interested persons to review the draft EIR/EIS and submit written comments
Aquatic Nuisance Species Task Force Meeting
Document Number: E9-24333
Type: Notice
Date: 2009-10-08
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.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the California Red-Legged Frog (Rana aurora draytonii)
Document Number: E9-24327
Type: Proposed Rule
Date: 2009-10-08
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 our September 16, 2008, and April 28, 2009, proposal to revise the designation of critical habitat for the California red-legged frog under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a revised draft economic analysis (DEA). We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revision of critical habitat and the associated revised DEA. 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; Revised Critical Habitat for the Preble's Meadow Jumping Mouse (Zapus hudsonius preblei
Document Number: E9-24113
Type: Proposed Rule
Date: 2009-10-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei) in Colorado, where it is listed as threatened in a significant portion of the range (SPR) under the Endangered Species Act of 1973, as amended (Act). The proposed revised critical habitat is located in Boulder, Broomfield, Douglas, El Paso, Jefferson, Larimer and Teller Counties in Colorado. Approximately 418 miles (mi) (674 kilometers (km)) of rivers and streams and 39,142 acres (ac) (15,840 hectares (ha)) fall within the boundaries of the proposed revised designation. The proposed revised designation would therefore add 184 mi (298 km) of rivers and streams and 18,462 ac (7,472 ha) to the existing critical habitat designation of 234 mi (376 km) and 20,680 ac (8,368 ha).
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southwest Alaska Distinct Population Segment of the Northern Sea Otter
Document Number: E9-24087
Type: Rule
Date: 2009-10-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the southwest Alaska Distinct Population Segment (DPS) of the northern sea otter (Enhydra lutris kenyoni) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 15,164 square kilometers (km2) (5,855 square miles (mi2)) fall within the boundaries of the critical habitat designation. All the critical habitat is located in Alaska.
Endangered and Threatened Wildlife and Plants; Listing Lepidium papilliferum
Document Number: E9-24039
Type: Rule
Date: 2009-10-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine that Lepidium papilliferum (slickspot peppergrass), a plant species from southwest Idaho, is a threatened species under the Endangered Species Act of 1973, as amended (Act). This final rule implements the Federal protections provided by the Act for this species. We have determined that critical habitat for L. papilliferum is prudent but not determinable at this time.
Refuge Specific Regulations; Public Use; Kodiak National Wildlife Refuge
Document Number: E9-23931
Type: Proposed Rule
Date: 2009-10-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to amend our regulations for Kodiak National Wildlife Refuge (NWR) to codify decisions from our 2007 Kodiak NWR Revised Comprehensive Conservation Plan (CCP). We propose to: amend our current seasonal closure of the O'Malley River area to public use within Kodiak National Wildlife Refuge to allow operation of a bear-viewing program; prohibit camping within one-quarter mile of public use cabins and Federal and State administrative facilities on the Kodiak NWR; and prohibit snowmachine use on approximately 4,972 acres of important brown-bear denning habitat in the Den Mountain area. We also propose technical corrections to the authorities section of our regulations. We seek comments from the public on this proposed rule.
Wind Turbine Guidelines Advisory Committee; Announcement of Public Teleconference and Webcast
Document Number: E9-24230
Type: Notice
Date: 2009-10-07
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 via Webcast and teleconference, on October 14, 2009. This meeting is open to the public but will be limited to 75 public participants. The meeting agenda will include a briefing and discussion of the current draft Recommendations to the Secretary of the Interior. The Service is hosting this meeting with less than 15 days' notice under exceptional circumstances. The Committee will terminate on October 26, 2009, unless it is renewed prior to that date. The Committee will therefore need this meeting to finalize its draft Recommendations in the case that the Committee is not renewed.
Amendment to the Incidental Take Permit for the San Bruno Mountain Habitat Conservation Plan in San Mateo County, CA
Document Number: E9-23763
Type: Notice
Date: 2009-10-02
Agency: Fish and Wildlife Service, Department of the Interior
On May 20, 2009, we, the U.S. Fish and Wildlife Service, made a FONSI determination for the action described in the final Environmental Assessment (EA) for the San Bruno Mountain Habitat Conservation Plan (HCP) Amendment. As authorized by the Endangered Species Act, as amended (Act), we issued an amended Incidental Take Permit to the Cities of Brisbane, South San Francisco, and Daly City, and the County of San Mateo, subject to certain conditions set forth in the permit.
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations-Modifications; Corrections
Document Number: E9-23482
Type: Rule
Date: 2009-10-01
Agency: Fish and Wildlife Service, Department of the Interior
On September 3, 2009, we published a final rule in the Federal Register implementing pertinent refuge-specific regulations and amending other existing refuge-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2008-2009 season. The rule contained errors in the amendatory language and the regulatory text. This document corrects those errors.