Fish and Wildlife Service 2023 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Environmental Assessment; Sacramento Municipal Utility District Operations, Maintenance, and New Construction Habitat Conservation Plan, Sacramento County, CA
Document Number: 2023-28719
Type: Notice
Date: 2023-12-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Sacramento Municipal Utility District (applicant) for an incidental take permit (permit) under the Endangered Species Act and an accompanying draft habitat conservation plan (plan). We also announce the availability of a draft environmental assessment pursuant to the National Environmental Policy Act. We request public comment on the application, which includes the applicant's proposed plan, and the Service's draft environmental assessment. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Black-Capped Petrel
Document Number: 2023-28456
Type: Rule
Date: 2023-12-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the black-capped petrel (Pterodroma hasitata), a pelagic seabird species that nests on the island of Hispaniola and spends the rest of its life at sea. The species forages in high concentration off the coast of North Carolina; however, the marine range extends across much of the western Atlantic (Nova Scotia to Venezuela) and into the Caribbean Sea and northern Gulf of Mexico. This rule extends the protections of the Act to the black-capped petrel.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-28470
Type: Notice
Date: 2023-12-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for the Southern Beaufort Sea Stock of Polar Bears on the North Slope of Alaska
Document Number: 2023-28428
Type: Notice
Date: 2023-12-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from the Bureau of Land Management, propose to authorize nonlethal incidental take by harassment of small numbers of Southern Beaufort Sea (SBS) polar bears (Ursus maritimus) for 1 year from the date of issuance. The applicant requested this authorization for take by harassment that may result from activities associated with oil well plugging and reclamation, soil sampling, snow trail, pad, and airstrip construction, and summer cleanup activities in the North Slope Borough of Alaska between the Wainwright and Oliktok Areas. This proposed authorization, if finalized, will be for up to 18 takes of polar bears by Level B harassment and up to 3 takes of polar bears by non-serious Level A harassment. No serious Level A or lethal take is requested, expected, or proposed to be authorized.
Draft Revised National European Green Crab Management and Control Plan
Document Number: 2023-28361
Type: Notice
Date: 2023-12-26
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service announces the availability of the draft revised National European Green Crab Management and Control Plan (2023 EGC plan). The Aquatic Nuisance Species Task Force recently approved the 2023 EGC plan to be posted in the Federal Register for public comment. We invite comment from the public and local, State, Tribal, Federal agencies, and other relevant parties.
Endangered and Threatened Wildlife and Plants; Threatened Species Status for Coal Darter With Section 4(d) Rule
Document Number: 2023-27873
Type: Proposed Rule
Date: 2023-12-21
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the coal darter (Percina brevicauda), a small, benthic freshwater fish native to the Mobile River Basin in Alabama, 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 coal darter. 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 coal darter as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule'') to provide for the conservation of the species. 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; Ten Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-27966
Type: Proposed Rule
Date: 2023-12-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that 10 species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Hupp's Hill cave beetle (Pseudanophthalmus parvicollis), Hubbard's cave beetle (Pseudanophthalmus hubbardi), overlooked cave beetle (Pseudanophthalmus praetermissus), Shenandoah cave beetle (Pseudanophthalmus limicola), Little Kennedy cave beetle (Pseudanophthalmus cordicollis), Holsinger's cave beetle (Pseudanophthalmus holsingeri), Hubricht's cave beetle (Pseudanophthalmus hubrichti), silken cave beetle (Pseudanophthalmus sericus), Pinale[ntilde]o talussnail (Sonorella grahamensis), and San Xavier talussnail (Sonorella eremita). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for West Virginia Spring Salamander and Designation of Critical Habitat
Document Number: 2023-27741
Type: Proposed Rule
Date: 2023-12-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the West Virginia spring salamander (Gyrinophilus subterraneus), an amphibian species from Greenbrier County, West Virginia, as an endangered species and to designate critical habitat 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 West Virginia spring salamander. After a review of the best available scientific and commercial information, we find that listing the species is warranted. We also propose to designate critical habitat for the West Virginia spring salamander under the Act. In total, approximately 3.5 kilometers (2.2 miles) in Greenbrier County, West Virginia, fall within the boundaries of the proposed critical habitat designation. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for the West Virginia spring salamander. If we finalize this rule as proposed, it would extend the Act's protections to the species and its designated critical habitat.
Notice of Intent To Prepare a Supplemental Environmental Impact Statement To Reconsider a Highway Right-of-Way Application and Associated Amendment of an Incidental Take Permit, Washington County, Utah; Correction
Document Number: 2023-27545
Type: Notice
Date: 2023-12-15
Agency: Fish and Wildlife Service, Department of the Interior, Bureau of Land Management
This notice corrects the scoping comment period of the Notice of Intent to Prepare a Supplemental Environmental Impact Statement to Reconsider a Highway Right-of-Way Application and Associated Amendment of an Incidental Take Permit, Washington County, Utah, published in the Federal Register on November 16, 2023. The initial notice had an incorrect end date of the scoping period of December 18, 2023. The correct end date of the scoping period is December 21, 2023.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Migratory Bird Surveys
Document Number: 2023-27119
Type: Notice
Date: 2023-12-11
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 renew an information collection, with changes.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-26970
Type: Notice
Date: 2023-12-08
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 and 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 the requested permits, we will take into consideration any information that we receive during the public comment period.
Three Incidental Permit Applications and Proposed Habitat Conservation Plans; Lake, Volusia, and Orange Counties, FL; Reopening of Comment Periods
Document Number: 2023-26977
Type: Notice
Date: 2023-12-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are reopening the comment periods on notices announcing three incidental take permit applications, three proposed habitat conservation plans, and related documents. We are taking this action because of a disruption in the public's access to regulations.gov as a means of viewing documents and submitting comments when the three notices were initially published. We invite comments from the public and local, State, Tribal, and Federal agencies. If you already submitted a comment, you do not need to resubmit it.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Toothless Blindcat and the Widemouth Blindcat; Extension of Comment Period
Document Number: 2023-26853
Type: Proposed Rule
Date: 2023-12-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our August 22, 2023, proposed rule to list the toothless blindcat (Trogloglanis pattersoni) and widemouth blindcat (Satan eurystomus), two cavefish species from the Edwards Aquifer in Bexar County, Texas, as endangered species under the Endangered Species Act of 1973, as amended (Act). We are reopening the proposed rule's comment period to give all interested parties an additional opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted, as they are already incorporated into the public record and will be fully considered in our final determinations.
Foreign Endangered Species; Receipt of Permit Application
Document Number: 2023-26851
Type: Notice
Date: 2023-12-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on an application to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Endangered and Threatened Wildlife and Plants: Threatened Status With Section 4(d) Rule for the Northern and Southern Distinct Population Segments of the Western Spadefoot
Document Number: 2023-26579
Type: Proposed Rule
Date: 2023-12-05
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the northern distinct population segment (DPS) of the western spadefoot (Spea hammondii), an amphibian occurring in central and northern California, and the southern DPS of the western spadefoot, occurring in southern California and northwestern Mexico, as threatened DPSs under the Endangered Species Act of 1973 (Act), as amended. This determination serves as our 12-month finding on a petition to list the western spadefoot range-wide. After a review of the best scientific and commercial information available, we find that listing the northern and southern DPSs of the western spadefoot as threatened is warranted. Accordingly, we propose to list the northern and southern DPSs of the western spadefoot as threatened DPSs with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add the northern DPS and southern DPS of the western spadefoot to the List of Endangered and Threatened Wildlife and extend the Act's protections to the two DPSs. Due to the current lack of data sufficient to perform required analyses, we conclude that the designation of critical habitat for the northern DPS and southern DPS of the western spadefoot is not determinable at this time.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-26546
Type: Notice
Date: 2023-12-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Aquatic Nuisance Species Task Force Meeting
Document Number: 2023-26423
Type: Notice
Date: 2023-12-01
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service gives notice of a public meeting of the Aquatic Nuisance Species (ANS) Task Force in accordance with the Federal Advisory Committee Act. The purpose of the ANS Task Force is to develop and implement a program for U.S. waters to prevent introduction and dispersal of aquatic invasive species; to monitor, control, and study such species; and to disseminate related information.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for North American Wolverine
Document Number: 2023-26206
Type: Rule
Date: 2023-11-30
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 distinct population segment (DPS) of the North American wolverine (Gulo gulo luscus) occurring in the contiguous United States. This rule adds the contiguous U.S. DPS of the North American wolverine to the Federal List of Endangered and Threatened Wildlife. We are also issuing an interim rule under the authority of section 4(d) of the Act (an ``interim 4(d) rule'') that provides the prohibitions, and exceptions to those prohibitions, necessary and advisable for the conservation of the contiguous U.S. DPS of the North American wolverine.
Agency Information Collection Activities; Submission to the Office of Management and Budget; U.S. Fish and Wildlife Service Grassland Easements
Document Number: 2023-26294
Type: Notice
Date: 2023-11-30
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 a new information collection in use without Office of Management and Budget (OMB) approval.
Endangered and Threatened Wildlife and Plants; Seven Species Not Warranted for Listing as Endangered or Threatened Species
Document Number: 2023-25586
Type: Proposed Rule
Date: 2023-11-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce findings that seven species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Edison's ascyrum (Hypericum edisonianum), Florida (lowland) loosestrife (Lythrum flagellare), Florida pinesnake (Pituophis melanoleucus mugitu), mimic cavesnail (Phreatodrobia imitata), northern cavefish (Amblyopsis spelaea), smallscale darter (Etheostoma microlepidum), and Texas troglobitic water slater (Lirceolus smithii). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Federal Land Managers' Air Quality Related Values Work Group (FLAG); Draft Addendum to 2010 Phase 1 Report
Document Number: 2023-26218
Type: Notice
Date: 2023-11-28
Agency: Fish and Wildlife Service, Department of the Interior, National Park Service
We, the U.S. Fish and Wildlife Service, in cooperation with the National Park Service, and the U.S. Department of Agriculture's Forest Service (the agencies), publish this notice to announce the availability of a draft addendum to the Federal Land Managers' Air Quality Related Values Work Group's (FLAG's) Phase 1 Report, which the agencies last revised in 2010 (FLAG 2010 report). We are proposing an addendum to include a provision related to temporary emissions. We invite comments and information on the draft addendum from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Sacramento Mountains Checkerspot Butterfly
Document Number: 2023-25597
Type: Proposed Rule
Date: 2023-11-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reopening the public comment period on our August 10, 2023, proposed rule to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, under the Endangered Species Act of 1973, as amended (Act). We are taking this action to conduct a public hearing and to allow all interested parties additional time to comment on the proposal to designate critical habitat for the Sacramento Mountains checkerspot butterfly. 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 and Blue-Tailed Mole Skink; Polk County, FL; Categorical Exclusion
Document Number: 2023-25949
Type: Notice
Date: 2023-11-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Vistas at Davenport, 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 and blue-tailed mole skink incidental to the construction of a residential development in Polk County, Florida. 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Orange County, FL; Categorical Exclusion
Document Number: 2023-25943
Type: Notice
Date: 2023-11-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from the Orange County Public Library System (Horizon West Library; applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction and operation of a public library and related activities in Orange County, Florida. 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Agency Information Collection Activities; Establishment of Annual Migratory Bird Hunting Seasons
Document Number: 2023-25558
Type: Notice
Date: 2023-11-20
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; North American Woodcock Singing Ground Survey
Document Number: 2023-25555
Type: Notice
Date: 2023-11-20
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 renew an information collection with revisions.
Draft Environmental Impact Statement for the Barred Owl Management Strategy; Washington, Oregon, and California
Document Number: 2023-25032
Type: Notice
Date: 2023-11-17
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) developed a proposed barred owl management strategy (management strategy) to address the threat of the nonnative, invasive barred owl (Strix varia) to the native northern spotted owl (Strix occidentalis caurina) and California spotted owl (Strix occidentalis occidentalis). In accordance with the National Environmental Policy Act, this notice announces the availability of a draft environmental impact statement (DEIS) evaluating the impacts on the human environment related to the proposed management strategy and associated take of barred owls, which is prohibited under the Migratory Bird Treaty Act unless authorized by the Service by permit or regulation. We invite public comments on the proposed management strategy and DEIS from the public and Federal, Tribal, State, and local governments.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion
Document Number: 2023-25435
Type: Notice
Date: 2023-11-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Christopher Johnson and Gator Wood Properties, LLC (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed Alabama beach mouse (Peromyscus polionotus ammobates) incidental to construction of a multi-family development in Gulf Shores, Baldwin County, Alabama. We request public comment on the application, which includes the applicants' proposed habitat conservation plan (HCP), and the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Wild Bird Conservation Act; Receipt of Permit Applications
Document Number: 2023-25436
Type: Notice
Date: 2023-11-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on permit applications regarding foreign bird species for which the Service has jurisdiction under the Wild Bird Conservation Act (WBCA). With some exceptions, the WBCA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The WBCA also requires that we invite public comment before issuing permits for any activity it otherwise prohibits.
Endangered Species; Receipt of Recovery Permit Applications
Document Number: 2023-25177
Type: Notice
Date: 2023-11-15
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 and 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 the requested permits, we will take into consideration any information that we receive during the public comment period.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-25165
Type: Notice
Date: 2023-11-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-24987
Type: Notice
Date: 2023-11-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-24895
Type: Notice
Date: 2023-11-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Enterprise Leasing Company of Orlando, LLC (Enterprise Car Rental and Sales Clermont, applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction of a commercial development in Lake County, Florida. 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of the Gray Wolf in Colorado
Document Number: 2023-24514
Type: Rule
Date: 2023-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), establish a nonessential experimental population (NEP) of the gray wolf (Canis lupus) in the State of Colorado, under the Endangered Species Act of 1973, as amended (Act). The State of Colorado (Colorado Parks and Wildlife or CPW) requested that the Service establish an NEP in conjunction with their State-led gray wolf reintroduction effort. Establishment of this NEP provides for allowable, legal, purposeful, and incidental taking of the gray wolf within a defined NEP area while concurrently providing for the conservation of the species. The geographic boundary of the NEP is the entire State of Colorado. The best available data indicate that reintroduction of the gray wolf into Colorado is biologically feasible and will promote the conservation of the species.
Endangered and Threatened Wildlife and Plants; Removing Island Bedstraw and Santa Cruz Island Dudleya From the List of Endangered and Threatened Plants
Document Number: 2023-23937
Type: Rule
Date: 2023-11-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are removing the plants island bedstraw (Galium buxifolium) and Santa Cruz Island dudleya (Dudleya nesiotica) from the Federal List of Endangered and Threatened Plants on the basis of recovery. Both of these native plant species occur in the Channel Islands National Park off the coast of California. This final rule is based on our review of the best available scientific and commercial data, which indicates that the threats to island bedstraw and Santa Cruz Island dudleya have been eliminated or reduced to the point that these species have recovered and no longer meet the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act).
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan, City of Santee, California; Categorical Exclusion
Document Number: 2023-24404
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Mr. Louis Jutras (applicant) for an incidental take permit (ITP) under the Endangered Species Act (ESA). The applicant requests the ITP to take the federally threatened coastal California gnatcatcher (Polioptila californica californica) incidental to construction of the Jutras residential home project, in the City of Santee, San Diego County, California. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Endangered Species; Recovery Permit Applications
Document Number: 2023-24494
Type: Notice
Date: 2023-11-06
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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-24493
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from PMF Leesburg Michigan, LLC (Michigan Property) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction of a multi-family development in Lake County, Florida. 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-24458
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.
Wild Bird Conservation Act; Receipt of Permit Application
Document Number: 2023-24449
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on a permit application regarding a foreign bird species for which the Service has jurisdiction under the Wild Bird Conservation Act (WBCA). With some exceptions, the WBCA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The WBCA also requires that we invite public comment before issuing permits for any activity it otherwise prohibits.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Southcentral Alaska Stock of Northern Sea Otters in Cordova, Alaska; Draft Environmental Assessment
Document Number: 2023-24428
Type: Notice
Date: 2023-11-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from the City of Cordova, Alaska, propose to authorize nonlethal incidental take by harassment of small numbers of the Southcentral Alaska stock of northern sea otters (Enhydra lutris kenyoni) for 1 year from the date of issuance of the incidental harassment authorization. The applicant has requested this authorization for take by harassment that may result from activities associated with pile driving and marine construction activities in Cordova, Alaska. We estimate that this project may result in the nonlethal incidental take by harassment of up to 82 northern sea otters from the Southcentral stock. This proposed authorization, if finalized, will be for up to 30 takes of 5 northern sea otters by Level A harassment and 790 takes of 77 northern sea otters by Level B harassment. No lethal take is requested, or expected, and no such take will be authorized.
Agency Information Collection Activities; Submission to the Office of Management and Budget; Federal Subsistence Regulations and Associated Forms
Document Number: 2023-24376
Type: Notice
Date: 2023-11-03
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 renew a currently approved information collection, without change.
John H. Chafee Coastal Barrier Resources System; Florida, Georgia, Louisiana, Maine, and New York; Draft 5-Year Review Boundaries
Document Number: 2023-23864
Type: Notice
Date: 2023-11-03
Agency: Fish and Wildlife Service, Department of the Interior
The Coastal Barrier Resources Act (CBRA) requires the Secretary of the Interior to review the maps of the John H. Chafee Coastal Barrier Resources System (CBRS) at least once every 5 years and make any minor and technical modifications to the boundaries of the CBRS as are necessary to reflect changes that have occurred in the size or location of any unit as a result of natural forces. We, the U.S. Fish and Wildlife Service (Service), have conducted this review for CBRS units in Florida, Georgia, Louisiana, Maine, and the Great Lakes region of New York. With this notice, we announce the findings of our review and invite comments on the draft revised boundaries from Federal, State, and local officials.
Endangered and Threatened Wildlife and Plants; Reinstatement of Endangered Species Act Protections for the Gray Wolf (Canis Lupus) in Compliance With Court Order
Document Number: 2023-24299
Type: Rule
Date: 2023-11-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a district court order that vacated our November 3, 2020, rule removing the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife. As a result of the court's order, the regulatory protections under the Endangered Species Act of 1973, as amended (Act), apply to the gray wolf in all or portions of the 45 U.S. States and Mexico where the species was listed at the time we issued the delisting rule. The court order went into effect on February 10, 2022, and is the subject of several consolidated, pending appeals in the Ninth Circuit. While those appeals are pending, the Service is bound by the district court's order. Thus, this final rule implements the court's order by correcting the Code of Federal Regulations and officially reinstating threatened status for gray wolf in Minnesota; endangered status for gray wolf in all or portions of the remaining 44 U.S. States and Mexico where the species was listed prior to our November 2020 delisting rule; critical habitat for gray wolf in Minnesota and Michigan; and the rule promulgated under section 4(d) of the Act for gray wolf in Minnesota. Gray wolves in Montana, Idaho, Wyoming, the eastern third of Washington and Oregon, and north-central Utah (collectively, the Northern Rocky Mountains) retain their delisted status and are not affected by this final rule. This rule does not have any effect on the separate listing of the Mexican wolf subspecies (Canis lupus baileyi) as endangered under the Act.
Agency Information Collection Activities; Perspectives on Manatee Ecotourism
Document Number: 2023-24192
Type: Notice
Date: 2023-11-02
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 a new information collection.
Endangered and Threatened Wildlife and Plants; Reclassifying Mitracarpus Polycladus From Endangered to Threatened With a Section 4(d) Rule
Document Number: 2023-24059
Type: Rule
Date: 2023-11-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are reclassifying Mitracarpus polycladus (a plant, no common name) from endangered to threatened (downlist) under the Endangered Species Act of 1973, as amended (Act). This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. We are also finalizing a rule issued under section 4(d) of the Act that provides for the conservation of the species.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Oblong Rocksnail (Leptoxis compacta)
Document Number: 2023-23994
Type: Proposed Rule
Date: 2023-10-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the oblong rocksnail (Leptoxis compacta), a freshwater snail native to the Cahaba River in Alabama, as an endangered 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 oblong rocksnail. After a review of the best available scientific and commercial information, we find that listing the species is warranted. If we finalize this rule as proposed, it will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
National Wildlife Refuge System; 2023-2024 Station-Specific Hunting and Sport Fishing Regulations
Document Number: 2023-23847
Type: Rule
Date: 2023-10-30
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), expand hunting opportunities on three National Wildlife Refuges (NWRs). We also make changes to existing station-specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain language standards. Finally, the best available science, analyzed as part of this rulemaking, indicates that lead ammunition and tackle have negative impacts on both wildlife and human health. In this rule, Blackwater, Chincoteague, Eastern Neck, Erie, Great Thicket, Patuxent Research Refuge, Rachel Carson, and Wallops Island NWRs each adopt a non-lead requirement, which will take effect on September 1, 2026. While the Service continues to evaluate the future of lead use in hunting and fishing on Service lands and waters, this rulemaking does not include any opportunities increasing or authorizing the new use of lead beyond fall 2026.
Agency Information Collection Activities; Online Program Management System for Carbon Dioxide-Carp
Document Number: 2023-23893
Type: Notice
Date: 2023-10-30
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 renew an information collection, without change.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Volusia County, FL; Categorical Exclusion
Document Number: 2023-23338
Type: Notice
Date: 2023-10-23
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Hector Aponte (2098 Laredo Drive) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction of a single-family home in Volusia County, Florida. 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
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