Fish and Wildlife Service February 2013 – Federal Register Recent Federal Regulation Documents

We, the Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan (CCP)/land protection plan (LPP), and finding of no significant impact for the environmental assessment for Clarks River National Wildlife Refuge (NWR) in Graves, Marshall, and McCracken Counties, Kentucky. In the final CCP/LPP, we describe how we will manage this refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered or threatened species. The Endangered Species Act of 1973, as amended (Act), prohibits activities with endangered and threatened species unless a Federal permit allows such activities. The Act and the National Environmental Policy Act also require that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service, have received an application from Andrew A. Jennings for a 10-year incidental take permit under the Endangered Species Act of 1973, as amended. The application addresses the potential for ``take'' of the federally endangered Morro shoulderband snail (= banded dune snail; Helminthoglypta walkeriana) that is likely to occur incidental to the construction, maintenance, and occupation of a single-family residence on an existing legal single-family-zoned parcel in the unincorporated community of Los Osos, San Luis Obispo County, California. The applicants would implement a conservation program to minimize and mitigate project activities that are likely to result in take of the Morro shoulderband snail as described in their plan. We invite comments from the public on the application package that includes the Jennings Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail. This proposed action has been determined to be eligible for a Categorical Exclusion under the National Environmental Policy Act of 1969, as amended (NEPA).

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on two proposed rules: one to list the hyacinth macaw (Anodorhynchus hyacinthinus), and one to list the military macaw (Ara militaris) and great green macaw (Ara ambiguus) as endangered under the Endangered Species Act of 1973, as amended (Act). Both rules were published in the Federal Register on July 6, 2012. We are reopening the comment periods to allow all interested parties an opportunity to provide additional comments on these proposed rules and to submit information on the status of the species. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service, under the National Environmental Policy Act of 1969, make available the final environmental impact statement (EIS) and record of decision analyzing the impacts of the issuance of an incidental take permit for implementation of the final Edwards Aquifer Recovery Implementation Program (EARIP) Habitat Conservation Plan (HCP). Our decision is to issue a 15-year incidental take permit to the EARIP for implementation of the preferred alternative (described below), which authorizes incidental take of animal species and impacts to plant species listed under the Endangered Species Act of 1973, as amended. The EARIP has agreed to implement avoidance, minimization, and mitigation measures to offset impacts to these species, as described in their HCP.

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.

We (U.S. 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. 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 (U.S. 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 March 31, 2013. 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.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the September 12, 2012, proposed endangered status for the Jemez Mountains salamander and proposed designation of critical habitat under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis and draft environmental assessment of the proposed designation of critical habitat for the Jemez Mountains salamander, and an amended required determinations section of the proposal. We are proposing minor amendments to the proposed critical habitat units based on updated mapping data. In addition, we are proposing minor changes to clarify the primary constituent elements. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated draft economic analysis and draft environmental assessment, the amended required determinations section, and the proposed changes to the primary constituent elements and critical habitat units described in this document. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the Fish and Wildlife Service (Service), have received an application from Florida Power Corporation, Progress Energy Florida Inc. (applicant), for an incidental take permit (ITP). The applicant requests a 20-year ITP under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application (TE93592A-0) and accompanying proposed habitat conservation plan (HCP), as well as on our preliminary determination that the plan qualifies as low-effect under the National Environmental Policy Act (NEPA). To make this determination, we used our environmental action statement and low-effect screening form, which are also available for review.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan (Draft CCP) and an environmental assessment (EA) for Ozark Plateau National Wildlife Refuge (NWR), which is located within the approved acquisition area of Adair, Cherokee, Craig, Delaware, Mayes, Ottawa, and Sequoyah Counties of Oklahoma, for public review and comment. The Draft CCP/EA describes our proposal for managing the Refuge for the next 15 years.

We, the U.S. Fish and Wildlife Service, have issued the following permits to conduct certain activities with endangered species under the authority of the Endangered Species Act, as amended (Act).

We, the U.S. Fish and Wildlife Service (Service), are announcing the availability of the following documents for review and comment by the public and Federal, Tribal, State, and local governments: Draft Greater Sage-grouse Umbrella Candidate Conservation Agreement with Assurances for Wyoming Ranch Management (Umbrella CCAA), and Draft Environment Assessment of the Greater Sage-grouse Umbrella Candidate Conservation Agreement with Assurances for Wyoming Ranch Management (EA). The Service and several State, Federal, and local partners prepared the draft Umbrella CCAA to provide Wyoming ranchers with the opportunity to voluntarily conserve greater sage-grouse and its habitat while carrying out their ranching activities. Ranchers may apply for an enhancement of survival permit under the Endangered Species Act of 1973, as amended (ESA), by agreeing to implement certain conservation measures in the Umbrella CCAA that apply to their properties. Pursuant to the National Environmental Policy Act, we also prepared a draft environmental assessment (EA) that analyzes the potential impacts to the human environment from the proposed Umbrella CCAA and alternatives to the action.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the August 16, 2012, proposed endangered status for six west Texas aquatic invertebrate species under the Endangered Species Act of 1973, as amended (Act). We also announce the reopening of comment on the August 16, 2012, proposed designation of critical habitat for the six west Texas aquatic invertebrate species and the availability of a draft economic analysis of the proposed designation and amended required determinations in the proposed rule. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rules, the associated draft economic analysis, and the amended required determinations. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rules.

We, the U.S. Fish and Wildlife Service, propose to establish a nonessential experimental population (NEP) area for the North American wolverine (Gulo gulo luscus) in the Southern Rocky Mountains of Colorado, northern New Mexico, and southern Wyoming. The distinct population segment (DPS) of the North American wolverine occurring in the contiguous United States is proposed for Federal listing as a threatened species under the Endangered Species Act. We propose to establish the NEP area for the wolverine in the Southern Rockies portion of the DPS under section 10(j) of the Endangered Species Act, and to classify any wolverines introduced into the area as a nonessential experimental population within the Southern Rocky Mountains. This proposed rule provides a plan for establishing the NEP area and provides for allowable legal incidental taking of the wolverine within the defined NEP area. The proposed action would not result in reintroduction of the wolverine; rather, the NEP area designation would provide the regulatory assurances necessary to facilitate a State-led reintroduction effort, should the state of Colorado determine to reintroduce the wolverine. The best available data indicate that reintroduction of the wolverine into the Southern Rocky Mountains is biologically feasible and will promote conservation of the species.

We, the U.S. Fish and Wildlife Service (Service), advise the public that we intend to prepare a draft environmental impact statement (EIS) to evaluate the impacts of, and alternatives to, the proposed General Conservation Plan (GCP) for incidental take of the federally listed American burying beetle (ABB) resulting from activities associated with construction, maintenance, operation, and repair of oil and gas pipelines, and related well field activities. Individual oil and gas companies would apply for an Endangered Species Act 10(a)(1)(B) permit and agree to implement the approved GCP. A GCP is a conservation plan suitable for the needs of a local area where the NEPA requirements and permit issuance criteria are met. After approval of the GCP, individuals apply for a permit for incidental take associated with activities covered in the GCP and agree to comply with the terms and conditions of the GCP. We notice these permit applications and request comments from the public.