Fish and Wildlife Service 2021 – Federal Register Recent Federal Regulation Documents

Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Indiana Crossroads Wind Farm, White County, Indiana; Categorical Exclusion
Document Number: 2021-28223
Type: Notice
Date: 2021-12-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application from Indiana Crossroads Wind Farm LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act, for its Indiana Crossroads Wind Farm (project). If approved, the ITP would be for a 6-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long-eared bat. The applicant has prepared a habitat conservation plan that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat and northern long-eared bat. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, both of which are also able for public review.
Endangered and Threatened Wildlife and Plants; Foothill Yellow-Legged Frog; Threatened Status With Section 4(d) Rule for Two Distinct Population Segments and Endangered Status for Two Distinct Population Segments
Document Number: 2021-27512
Type: Proposed Rule
Date: 2021-12-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list four of six distinct population segments (DPSs) of the foothill yellow-legged frog (Rana boylii), a stream dwelling amphibian from Oregon and California, under the Endangered Species Act of 1973 (Act), as amended. This determination also serves as our 12-month finding on a petition to list the foothill yellow-legged frog. After a review of the best scientific and commercial information available, we find that listing the South Sierra and South Coast DPSs as endangered and the North Feather and Central Coast DPSs as threatened is warranted. Accordingly, we propose to list these four DPSs under the Act, with the South Sierra and South Coast DPSs listed as endangered species, and the North Feather and Central Coast DPSs listed as threatened species. Our proposal to list the North Feather and Central Coast DPSs as threatened species also includes a rule issued under section 4(d) of the Act for each of these two DPSs. If we finalize this proposed rule for these four DPSs, we will then add them to the List of Endangered and Threatened Wildlife and extend the Act's protections to them. We have determined that designation of critical habitat for these four DPSs is not determinable at this time. We have also determined that the North Coast DPS (in Oregon and northern California) and the North Sierra DPS (in Yuba, Sierra, Nevada, and Placer Counties, California) of the foothill yellow-legged frog do not warrant listing at this time.
Permanente Site Operations and Maintenance, Santa Clara County, California; Draft Screening Form and Draft Low-Effect Habitat Conservation Plan
Document Number: 2021-28124
Type: Notice
Date: 2021-12-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a draft low-effect screening form (screening form) under the National Environmental Policy Act (NEPA) for an incidental take permit (ITP) under the Endangered Species Act (ESA), supported by a draft low-effect habitat conservation plan (draft HCP). The Lehigh Southwest Cement Company (Lehigh) (applicant) has applied for an ITP under the ESA for Permanente Site Operations and Maintenance in Santa Clara County, California. The requested ITP, which would be in effect for a period of 20 years, if granted, would authorize incidental take of the federally threatened California red-legged frog. In accordance with NEPA requirements, we have determined that the proposed action qualifies for a categorical exclusion as low effect. We invite the public and local, State, Tribal, and Federal agencies to comment on the application. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Cactus Ferruginous Pygmy-Owl
Document Number: 2021-27516
Type: Proposed Rule
Date: 2021-12-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum), a subspecies found in Mexico, southern Arizona, and southern Texas, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the cactus ferruginous pygmy-owl. After a review of the best available scientific and commercial information, we find that listing the subspecies is warranted. Accordingly, we propose to list the cactus ferruginous pygmy-owl as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add this subspecies to the List of Endangered and Threatened Wildlife and extend the Act's protections to the subspecies. The finalization of this rule as proposed would include the issuance of a 4(d) rule. Designation of critical habitat was found to be prudent, but not determinable at this time. We also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule.
Endangered and Threatened Wildlife and Plants; Threatened Species Status with Section 4(d) Rule for Hermes Copper Butterfly and Designation of Critical Habitat
Document Number: 2021-27157
Type: Rule
Date: 2021-12-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the Hermes copper butterfly (Lycaena [Hermelycaena] hermes), a butterfly species from San Diego County, California, and Baja California, Mexico. We also designate critical habitat. In total, approximately 14,174 ha (35,027 ac) in San Diego County, California, fall within the boundaries of the critical habitat designation. This rule adds the species to the List of Endangered and Threatened Wildlife. We also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this species.
Pacific Remote Islands Marine National Monument; Monument Management Plan
Document Number: 2021-27535
Type: Notice
Date: 2021-12-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Fish and Wildlife Service (USFWS), as co-leads, announce their intention to prepare a Monument Management Plan (MMP) for the Pacific Remote Islands Marine National Monument (Monument). NOAA and USFWS are updating their original notice of intent to draft the MMP to include information about the expansion of the Monument in 2014, and to announce that NOAA and USFWS are co-leads in drafting the MMP. NOAA and USFWS are seeking input on issues, concerns, ideas, and suggestions for the future management of the Monument. NOAA and USFWS will also prepare a draft environmental assessment, concurrent with the management plan, to evaluate potential effects of implementing the proposed management alternatives for the Monument. Following the completion of the MMP, USFWS will prepare new individual Comprehensive Conservation Plans (CCPs) and revise existing CCPs for National Wildlife Refuges within the Monument, as appropriate.
Alaska Subsistence Regional Advisory Council Meetings for 2022
Document Number: 2021-26885
Type: Notice
Date: 2021-12-14
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
The Federal Subsistence Board (Board) announces the public meetings of the 10 Alaska Subsistence Regional Advisory Councils (hereafter, Councils) for the winter and fall cycles of 2022. The 10 Councils each meet approximately twice a year to provide advice and recommendations to the Board about subsistence hunting and fishing issues on Federal public lands in Alaska.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Parachute Beardtongue
Document Number: 2021-27014
Type: Notice
Date: 2021-12-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a draft recovery plan for Parachute beardtongue, a plant species listed as threatened under the Endangered Species Act. We are requesting review and comment from the public on this draft plan.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Canelo Hills Ladies-Tresses
Document Number: 2021-27013
Type: Notice
Date: 2021-12-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of our draft recovery plan for Canelo Hills ladies-tresses (Spiranthes delitescens), an endangered orchid that occurs in desert wetland habitats in southern Arizona. We request review and comment on this draft recovery plan from local, State, and Federal agencies; Tribal governments; nongovernmental organizations; and the public.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Meltwater Lednian Stonefly (Lednia tumana) and Western Glacier Stonefly (Zapada glacier)
Document Number: 2021-27006
Type: Notice
Date: 2021-12-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a draft recovery plan for meltwater lednian stonefly and western glacier stonefly, two insect species listed as threatened under the Endangered Species Act. We request review and comment on this draft recovery plan from Federal, State, Tribal, and local agencies and the public.
Marine Mammal Protection Act and Wild Bird Conservation Act; Receipt of Permit Applications
Document Number: 2021-26704
Type: Notice
Date: 2021-12-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on foreign or native species for which the Service has jurisdiction under the Marine Mammal Protection Act (MMPA) and foreign bird species covered under the Wild Bird Conservation Act (WBCA). With some exceptions, the MMPA and WBCA prohibit activities with listed species unless Federal authorization is issued that allows such activities. These Acts also require that we invite public comment before issuing permits for any activity they otherwise prohibit with respect to any species.
Aitkin-Carlton Counties Habitat Conservation Plan, Aitkin and Carlton Counties, Minnesota; Receipt of an Application for an Incidental Take Permit, Proposed Habitat Conservation Plan; Categorical Exclusion
Document Number: 2021-26828
Type: Notice
Date: 2021-12-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application from Aitkin and Carlton Counties for an incidental take permit (ITP) under the Endangered Species Act for the proposed Aitkin- Carlton Counties Habitat Conservation Plan (HCP). If approved, the ITP would authorize the incidental take of three bat species for a 25-year period. The applicant has prepared an HCP to cover a suite of activities associated with continued forest and habitat management. We request public comment on the application, which includes the applicant's proposed HCP, and on the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, both of which are also available for public review.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2021-26566
Type: Notice
Date: 2021-12-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Incidental Take Permit Application; Habitat Conservation Plan Amendment for Montana Department of Natural Resources Lazy-Swift Addition and Wolf Creek Land Exchange; Flathead and Lincoln Counties, Montana
Document Number: 2021-26564
Type: Notice
Date: 2021-12-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of documents related to an application to amend an existing incidental take permit (ITP) under the Endangered Species Act. Montana Department of Natural Resources and Conservation has applied for an amendment to their existing ITP, which, if granted, would add lands for coverage under their Forest Management Habitat Conservation Plan (HCP), and which would effectively extend the permit take coverage to these lands for three federally listed species, the grizzly bear, Canada lynx, and bull trout, and two unlisted species, the westslope cutthroat trout and Columbia redband trout. We invite comments from the public and Federal, Tribal, State, and local governments.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2021-25793
Type: Notice
Date: 2021-11-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Endangered and Threatened Wildlife and Plants; Technical Corrections for 18 Southwestern United States Species Found in Arizona, New Mexico, and Texas
Document Number: 2021-25549
Type: Rule
Date: 2021-11-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the revised taxonomy of nine wildlife and nine plant species under the Endangered Species Act of 1973, as amended (ESA). We are revising the List of Endangered and Threatened Wildlife and the List of Endangered and Threatened Plants (``the Lists'') to reflect the current scientifically accepted taxonomy and nomenclature for these species that occur in the southwestern United States. We are also correcting errors in the Lists made in previous publications. The taxonomic revisions and correction of publication errors are editorial in nature and involve no substantive changes to the Lists or any applicable regulations.
Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat
Document Number: 2021-25774
Type: Proposed Rule
Date: 2021-11-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (the ``Service''), are extending the comment period on our October 27, 2021, proposed rule to rescind the final rule titled ``Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat'' that published on December 18, 2020, and established regulations for exclusions from critical habitat. We are extending the comment period by 15 days.
Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat
Document Number: 2021-25767
Type: Proposed Rule
Date: 2021-11-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; hereafter collectively referred to as the ``Services'' or ``we''), are extending the comment period on our October 27, 2021, proposed rule to rescind the final rule titled ``Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat'' that was published on December 16, 2020, and established a regulatory definition of the term ``habitat.'' We are extending the comment period by 15 days.
Endangered and Threatened Wildlife and Plants; 12-Month Finding for Pascagoula Map Turtle; Threatened Species Status With Section 4(d) Rule for Pearl River Map Turtle; and Threatened Species Status for Alabama Map Turtle, Barbour's Map Turtle, Escambia Map Turtle, and Pascagoula Map Turtle Due to Similarity of Appearance With a Section 4(d) Rule
Document Number: 2021-23992
Type: Proposed Rule
Date: 2021-11-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce our 12-month findings for two freshwater turtle species, the Pascagoula map turtle (Graptemys gibbonsi) and the Pearl River map turtle (Graptemys pearlensis), as endangered or threatened species. The Pascagoula map turtle is endemic to the Pascagoula River drainage in Mississippi, and the Pearl River map turtle is endemic to the Pearl River drainage in Mississippi and Louisiana. We propose to list the Pearl River map turtle as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Pascagoula map turtle; however, we propose to list the Pascagoula map turtle along with Alabama map turtle (Graptemys pulchra), Barbour's map turtle (Graptemys barbouri), and Escambia map turtle (Graptemys ernsti) as threatened species due to similarity of appearance to the Pearl River map turtle with a 4(d) rule. If we finalize this rule as proposed, it would add the Pearl River map turtle, Alabama map turtle, Barbour's map turtle, Escambia map turtle, and Pascagoula map turtle to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Categorical Exclusion for the Central California Distinct Population Segment of the California Tiger Salamander; Churchill Family Properties Residential Development Project, San Benito County, California
Document Number: 2021-25120
Type: Notice
Date: 2021-11-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft habitat conservation plan (HCP) and draft categorical exclusion for activities associated with an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. The ITP would authorize take of the Central California distinct population segment of the California tiger salamander incidental to activities associated with construction adjacent to the City of Hollister in San Benito County, California. The applicant developed the draft HCP as part of their application for an ITP. The Service prepared a draft low-effect screening form and environmental action statement (CatEx) in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing an ITP to the applicant. We invite public comment on these documents.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Scrub-Jay, Volusia County, FL; Categorical Exclusion
Document Number: 2021-25119
Type: Notice
Date: 2021-11-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Maury L. Carter and Associates Inc. (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed scrub-jay incidental to construction in Volusia County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review.
Endangered and Threatened Wildlife and Plants; Removal of the Okaloosa Darter From the Federal List of Endangered and Threatened Wildlife
Document Number: 2021-25092
Type: Proposed Rule
Date: 2021-11-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to remove the Okaloosa darter (Etheostoma okaloosae) from the Federal List of Endangered and Threatened Wildlife (List) due to recovery. Our review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of a threatened or endangered species under the Endangered Species Act of 1973, as amended (Act). We request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for Okaloosa darters. If this proposal is finalized, Okaloosa darters will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, would no longer apply to the species.
Proposed Programmatic Safe Harbor Agreement for Viticultural Activities on Vineyards in the Santa Rosa Plain for the Sonoma County Population of California Tiger Salamander, Sonoma County, California
Document Number: 2021-25073
Type: Notice
Date: 2021-11-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received an application from the North Bay Water District (applicant) for an enhancement of survival permit (permit) under the Endangered Species Act (ESA). The permit application includes a proposed safe harbor agreement (SHA) between the applicant and the Service for the federally endangered Sonoma County distinct population segment (DPS) of California tiger salamander (Ambystoma californiense) (Sonoma CTS or covered species). We have prepared a draft environmental action statement (EAS) for our preliminary determination that the SHA and permit decision may be eligible for categorical exclusion under the National Environmental Policy Act. We invite the public to review and comment on the permit application, draft SHA, and draft EAS.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Lake County, FL; Categorical Exclusion
Document Number: 2021-25049
Type: Notice
Date: 2021-11-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from PKY Clermont Owner, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink incidental to construction in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, both of which are also available for public review.
Marine Mammals; Issuance of Permits
Document Number: 2021-24889
Type: Notice
Date: 2021-11-16
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 marine mammals. We issue these permits under section 104(c) of the Marine Mammal Protection Act of 1972, as amended.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Atlantic Pigtoe and Designation of Critical Habitat
Document Number: 2021-24784
Type: Rule
Date: 2021-11-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), list the Atlantic pigtoe, (Fusconaia masoni), a freshwater mussel species from Virginia and North Carolina, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973 (Act), as amended. We also designate critical habitat for the species under the Act. In total, approximately 563 river miles (906 river kilometers) fall within 17 units of critical habitat in Bath, Botetourt, Brunswick, Craig, Dinwiddie, Greensville, Halifax, Lunenburg, Mecklenburg, Nottoway, Pittsylvania, and Sussex Counties, Virginia, and in Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Montgomery, Nash, Orange, Person, Pitt, Randolph, Rockingham, Vance, Wake, Warren, and Wilson Counties, North Carolina. This rule extends the Act's protections to the species and its designated critical habitat.
Endangered and Threatened Wildlife and Plants; Replacement of the Regulations for the Nonessential Experimental Population of Red Wolves in Northeastern North Carolina
Document Number: 2021-24809
Type: Proposed Rule
Date: 2021-11-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to replace the existing regulations governing the North Carolina nonessential experimental population designation of the red wolf (Canis rufus) under section 10(j) of the Endangered Species Act (Act), as amended. Based on recent court decisions involving the North Carolina nonessential experimental population designation of the red wolf (NC NEP), having considered the public comments submitted in response to the proposed rule, and upon further consideration of the proposal, we have determined that withdrawing the proposed rule is the best course of action at this time. The NC NEP will be managed under the provisions of the existing regulations and as informed by relevant court orders.
Draft Environmental Assessment and Proposed Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Green River Wind Farm, Lee and Whiteside Counties, Illinois
Document Number: 2021-24638
Type: Notice
Date: 2021-11-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have received an application from Green River Wind Farm Phase 1, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act (ESA), for its Green River Wind Farm (project). The applicant requests the ITP, which would be for a 30-year period, for the take of the federally listed endangered Indiana bat and threatened northern long-eared bat incidental to the otherwise lawful activities associated with the project. The applicant proposes a conservation program to minimize and mitigate for the unavoidable incidental take as described in their habitat conservation plan (HCP). The Service requests public comment on the application including the submission of written data, views or arguments with respect to the application, which includes the applicant's proposed HCP, and the Service's draft environmental assessment, prepared pursuant to the National Environmental Policy Act. The Service provides this notice to seek comments from the public and Federal, Tribal, State, and local governments.
Wild Bird Conservation Act of 1992; 90-Day Rulings on Petitions To Add Cactus Conure and Lineolated Parakeet (Green Form) to the Approved List for Captive-Bred Species
Document Number: 2021-24629
Type: Proposed Rule
Date: 2021-11-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce 90- day rulings on two petitions to add species to the approved list for captive-bred exotic bird species under the Wild Bird Conservation Act (WBCA) of 1992. Based on our review, we find that the petitions to add cactus conure (Aratinga cactorum) and lineolated parakeet (green form) (Bolborhynchus lineola (green form)) do not present sufficient information indicating that the petitioned actions might be warranted. Therefore, we will not seek public comments on these petitions and will take no further action in response to these petitions.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl
Document Number: 2021-24365
Type: Rule
Date: 2021-11-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), revise the designation of critical habitat for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act of 1973, as amended (ESA or Act), by withdrawing the January 15, 2021, final rule that would have been effective December 15, 2021, and which would have excluded approximately 3.4 million acres (1.4 million hectares) of designated critical habitat for the northern spotted owl (January Exclusions Rule); and instead as we proposed on July 20, 2021, we now exclude approximately 204,294 acres (82,675 hectares) in Benton, Clackamas, Coos, Curry, Douglas, Jackson, Josephine, Klamath, Lane, Lincoln, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties, Oregon, under section 4(b)(2) of the Act.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With a Section 4(d) Rule for Bracted Twistflower and Designation of Critical Habitat
Document Number: 2021-24343
Type: Proposed Rule
Date: 2021-11-10
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 bracted twistflower (Streptanthus bracteatus), a plant species from Texas, as a threatened species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list bracted twistflower as a threatened species with a rule issued under section 4(d) of the Act (a ``4(d) rule''). We also propose to designate critical habitat for the bracted twistflower under the Act. In total, approximately 1,606 acres (650 hectares) in Uvalde, Medina, Bexar, and Travis Counties in Texas fall within the boundaries of the proposed critical habitat designation. In addition, we announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the bracted twistflower. If we finalize this rule as proposed, it would extend the Act's protections to this species and its critical habitat.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Alligator Snapping Turtle
Document Number: 2021-23994
Type: Proposed Rule
Date: 2021-11-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce our 12-month finding on a petition to list the alligator snapping turtle (Macrochelys temminckii), North America's largest freshwater turtle species, as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the alligator snapping turtle as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it will add the species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Egyptian Tortoise
Document Number: 2021-23839
Type: Proposed Rule
Date: 2021-11-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Egyptian tortoise (Testudo kleinmanni), a terrestrial tortoise from Libya, Egypt, and Israel, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition requesting that the Egyptian tortoise be listed as an endangered or threatened species under the Act. After a review of the best scientific and commercial information available, we find that listing the species is warranted. Accordingly, we propose to list the Egyptian tortoise, as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Desert Yellowhead
Document Number: 2021-24392
Type: Notice
Date: 2021-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a draft recovery plan for desert yellowhead, a plant listed as threatened under the Endangered Species Act. We request review and comment on this draft recovery plan from Federal, State, Tribal, and local agencies and the public.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle
Document Number: 2021-24357
Type: Proposed Rule
Date: 2021-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are extending the public comment period on our September 7, 2021, proposed rule to designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the Endangered Species Act of 1973 (Act), as amended. We are taking this action to conduct a public hearing and to allow all interested parties additional time to comment. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Lake County, FL; Categorical Exclusion
Document Number: 2021-24356
Type: Notice
Date: 2021-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Pulte Home Company, LLCNorth Florida Division (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink incidental to construction in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of Eight Northeastern Species
Document Number: 2021-24350
Type: Notice
Date: 2021-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are initiating 5-year reviews under the Endangered Species Act, as amended, for eight northeastern species. A 5-year review is based on the best scientific and commercial data available at the time of the review. We are requesting submission of any such information that has become available since the previous 5-year review for each species.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Southern Beaufort Sea Stock of Polar Bears in the Prudhoe Bay Unit and Point Thomson Unit of the North Slope of Alaska
Document Number: 2021-24371
Type: Notice
Date: 2021-11-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, received a request under the Marine Mammal Protection Act of 1972 from JADE Energy, LLC, for authorization to take by Level B harassment a small number of polar bears from the Southern Beaufort Sea (SBS) stock incidental to oil and gas exploratory activities scheduled to occur between December 1, 2021, through November 30, 2022. These activities include mobilization, constructing ice roads and ice pads, drilling wells, and associated cleanup in the Prudhoe Bay Unit and Point Thomson Unit of the North Slope of Alaska. Mobilization would occur in December 2021, along a winter trail stretching east from Deadhorse, Alaska, to Point Thomson, Alaska. Prepacking of snow and construction of ice roads and pads would begin mid-December 2021, and drilling would begin at JADE #1 pad in late-January 2022. If conditions are favorable, drilling on JADE #2 pad would take place in mid-March 2022, preceding cleanup activities, which are proposed to be completed by July 15, 2022. We estimate these activities may result in the nonlethal incidental take of up to two SBS stock polar bears. This proposed authorization, if finalized, will be for take of two SBS stock polar bears by Level B harassment only. No lethal or Level A take of polar bears is likely or requested, and, therefore, such take is not included in this proposed authorization.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of Six Listed Animal and Plant Species
Document Number: 2021-24208
Type: Notice
Date: 2021-11-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews under the Endangered Species Act of 1973, as amended, for three plant and three animal species. A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information that has become available since the last review for the species.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Eastern Indigo Snake, Citrus County, FL; Categorical Exclusion
Document Number: 2021-24126
Type: Notice
Date: 2021-11-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Florida Department of TransportationFlorida's Turnpike Enterprise (applicant) (Suncoast Parkway 2) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed eastern indigo snake incidental to construction of the four-lane Suncoast Parkway 2 in Citrus County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Lake County, FL; Categorical Exclusion
Document Number: 2021-24124
Type: Notice
Date: 2021-11-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from VK Avalon Groves LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink incidental to construction in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, both of which are also available for public review.
Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for the Diamond Y Invertebrates
Document Number: 2021-23977
Type: Notice
Date: 2021-11-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of our draft recovery plan for the Diamond Y invertebrates, including Diamond tryonia (Pseudotryonia adamantina), Gonzales tryonia (Tryonia circumstriata), and Pecos amphipod (Gammarus pecos). These endangered aquatic invertebrates occur in the Diamond Y Spring system of the Chihuahuan Desert of western Texas. We request review and comment on this draft recovery plan from local, State, and Federal agencies; nongovernmental organizations; and the public.
Endangered Species; Recovery Permit Applications
Document Number: 2021-23958
Type: Notice
Date: 2021-11-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits, permit renewals, and/or permit amendments to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act of 1973, as amended. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Aquatic Nuisance Species Task Force Meeting
Document Number: 2021-23637
Type: Notice
Date: 2021-10-29
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service gives notice of a teleconference/web meeting of the Aquatic Nuisance Species (ANS) Task Force, in accordance with the Federal Advisory Committee Act.
Endangered and Threatened Wildlife and Plants; Revision to the Nonessential Experimental Population of the Mexican Wolf
Document Number: 2021-23627
Type: Proposed Rule
Date: 2021-10-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (USFWS), propose new revisions to the existing experimental population designation of the Mexican wolf (Canis lupus baileyi) in the Mexican Wolf Experimental Population Area (MWEPA) in Arizona and New Mexico under section 10(j) of the Endangered Species Act of 1973, as amended (ESA). We are taking this action in response to a court-ordered remand of our January 16, 2015, final rule revising the regulations for the nonessential experimental population of the Mexican wolf. This document proposes to modify the population objective, establish a genetic objective, and temporarily restrict three of the forms of take of Mexican wolves in the MWEPA that we adopted in the January 16, 2015, final rule. We are proposing these revisions to ensure the long-term conservation and recovery of the Mexican wolf. In addition, this document proposes to maintain the nonessential designation for the experimental population. We are not proposing to revise the geographic boundaries of the MWEPA. We are seeking comment from the public on the proposed regulatory revisions and on a draft supplemental environmental impact statement for the proposed revisions. We also announce public information sessions and public hearings on this proposed rule and the associated draft supplemental environmental impact statement.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2021-23581
Type: Notice
Date: 2021-10-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Native Youth Community Adaptation and Leadership Congress
Document Number: 2021-23415
Type: Notice
Date: 2021-10-27
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to revise a currently approved information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Urban Bird Treaty Program Requirements
Document Number: 2021-23413
Type: Notice
Date: 2021-10-27
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing an existing collection in use without an Office of Management and Budget control number.
Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat
Document Number: 2021-23214
Type: Proposed Rule
Date: 2021-10-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (hereafter collectively referred to as the ``Services'' or ``we''), propose to rescind the final rule titled ``Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat'' that was published on December 16, 2020, and became effective on January 15, 2021. The proposed rescission, if finalized, would remove the regulatory definition of ``habitat'' established by that rule.
Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat
Document Number: 2021-23011
Type: Proposed Rule
Date: 2021-10-27
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (``the Service'') proposes to rescind the final rule titled ``Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat'' that published on December 18, 2020, and became effective January 19, 2021 (``the Final Rule''). The proposed rescission, if finalized, would remove the regulations established by that rule.