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

Endangered and Threatened Wildlife and Plants; Endangered Species Status for Sacramento Mountains Checkerspot Butterfly
Document Number: 2023-01146
Type: Rule
Date: 2023-01-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are listing the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, as an endangered species under the Endangered Species Act of 1973 (Act), as amended. This rule extends the Act's protections to the Sacramento Mountains checkerspot butterfly. We will propose the designation of critical habitat for the Sacramento Mountains checkerspot butterfly in a future rulemaking.
Endangered and Threatened Wildlife and Plants; Removal of the Puerto Rican Boa From the Federal List of Endangered and Threatened Wildlife
Document Number: 2023-01139
Type: Proposed Rule
Date: 2023-01-31
Agency: Fish and Wildlife Service, Department of the Interior
On July 13, 2022, we, the U.S. Fish and Wildlife Service (Service), proposed to delist the Puerto Rican boa (Chilabothrus inornatus, but listed as Epicrates inornatus), an endemic snake from Puerto Rico. We announced a 60-day public comment period on the proposed rule, ending September 12, 2022. We are reopening the comment period for 30 days to hold a public hearing and to allow all interested parties additional time to comment on our proposal. Comments previously submitted will be fully considered in preparation of the final rule and do not need to be resubmitted.
Civil Penalties; 2023 Inflation Adjustments for Civil Monetary Penalties
Document Number: 2023-01726
Type: Rule
Date: 2023-01-30
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) is issuing this final rule, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and Office of Management and Budget (OMB) guidance, to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of Service-administered statutes and their implementing regulations. We are required to adjust civil monetary penalties annually for inflation according to a formula specified in the Inflation Adjustment Act. This rule replaces the previously issued amounts with the updated amounts after using the 2023 inflation adjustment multiplier provided in the OMB guidance.
Migratory Bird Hunting; Proposed 2023-24 Frameworks for Migratory Bird Hunting Regulations
Document Number: 2023-01644
Type: Proposed Rule
Date: 2023-01-30
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) is proposing to establish the 2023-24 hunting regulations for certain migratory game birds. We annually prescribe outside limits (which we call frameworks) within which States may select hunting seasons. Frameworks specify the outside dates, season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. These frameworks are necessary to allow State selections of seasons and limits and to allow harvest at levels compatible with migratory game bird population status and habitat conditions. Migratory game bird hunting seasons provide opportunities for recreation and sustenance, and aid Federal, State, and Tribal governments in the management of migratory game birds.
Draft Environmental Assessment and Proposed Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Crescent Wind Project; Hillsdale County, Michigan
Document Number: 2023-01696
Type: Notice
Date: 2023-01-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, have received an application from Consumers Energy Company for an incidental take permit under the Endangered Species Act, for its Crescent Wind Project (project). If approved, the permit would authorize the incidental take of two endangered species, the Indiana bat and the northern long-eared bat. The applicant has prepared a habitat conservation plan in support of their application. We also announce the availability of a draft environmental assessment, which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat; Delay of Effective Date
Document Number: 2023-01656
Type: Rule
Date: 2023-01-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are delaying the effective date of a final rule we published on November 30, 2022, reclassifying the northern long-eared bat (Myotis septentrionalis) as an endangered species under the Endangered Species Act of 1973, as amended (Act). This delay is necessary for the Service to finalize conservation tools and guidance documents to avoid confusion and disruption with members of the public who would be regulated by the rule and Federal agencies in the implementation of section 7 of the Act.
Endangered and Threatened Wildlife and Plants; Removing Five Species That Occur on San Clemente Island From the Federal Lists of Endangered and Threatened Wildlife and Plants
Document Number: 2023-01400
Type: Rule
Date: 2023-01-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are removing the San Clemente (SC) Bell's sparrow (Artemisiospiza belli clementeae) (formerly known as the SC sage sparrow, Amphispiza belli clementeae), San Clemente Island (SCI) bush-mallow (Malacothamnus clementinus), SCI paintbrush (Castilleja grisea), SCI lotus (Acmispon dendroideus var. traskiae), and SCI larkspur (Delphinium variegatum ssp. kinkiense) from the Federal Lists of Endangered and Threatened Wildlife and Plants (Lists). The bird species and four plant species occur only on SCI, one of the California Channel Islands off the southern coast of California. The delistings are based on our evaluation of the best available scientific and commercial information, which indicates that the status of each species has improved and threats to the species have been eliminated or reduced to the point that the species have recovered and no longer meet the definitions of either endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). Accordingly, the protections provided by the Act will no longer apply to these species.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sickle Darter
Document Number: 2023-00977
Type: Proposed Rule
Date: 2023-01-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 104 river miles (168 river kilometers) in Bledsoe, Blount, Morgan, and Roane Counties, Tennessee, and Scott, Smyth, and Washington Counties, Virginia, fall within the boundaries of the proposed critical habitat designation. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the sickle darter.
Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment; Delay of Effective Date
Document Number: 2023-01290
Type: Rule
Date: 2023-01-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are delaying the effective date of a final rule we published on November 25, 2022, and corrected on December 2, 2022, listing two distinct population segments (DPSs) of the lesser prairie-chicken (Tympanuchus pallidicinctus) under the Endangered Species Act of 1973, as amended (Act) and establishing measures that are necessary and advisable to provide for the conservation of the Northern DPS pursuant to section 4(d) of the Act. This delay is necessary for the Service to finalize conservation tools and guidance documents to avoid confusion and disruption with Federal agencies in the implementation of section 7 of the Act and to avoid disruption to the public who would be regulated by the rule.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-01073
Type: Notice
Date: 2023-01-20
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. 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.
Candidate Conservation Agreement With Assurances for the Fisher in Oregon; Enhancement of Survival Permit Applications; Hampton and Starker Site Plans
Document Number: 2023-00896
Type: Notice
Date: 2023-01-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), received two enhancement of survival permit (permit) applications pursuant to the Endangered Species Act (ESA). If granted, the requested permits would authorize take of the fisher (Pekania pennanti), incidental to otherwise lawful activities, if the species becomes federally listed under the ESA. These applications are associated with a template candidate conservation agreement with assurances (CCAA) developed by the Service for the conservation of the fisher. We have also prepared draft environmental action statements documenting our preliminary determination that the permit decisions may be eligible for categorical exclusion under the National Environmental Policy Act. We provide this notice to open a public comment period and invite comments from all interested parties.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-00883
Type: Notice
Date: 2023-01-18
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 Mammal Protection Act; Receipt of Permit Application
Document Number: 2023-00882
Type: Notice
Date: 2023-01-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on species for which the Service has jurisdiction under the Marine Mammal Protection Act (MMPA). With some exceptions, the MMPA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The MMPA also requires that we invite public comment before issuing a permit for any activity otherwise prohibited with respect to any species.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-00880
Type: Notice
Date: 2023-01-18
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.
Endangered and Threatened Wildlife and Plants; Revision to the Section 4(d) Rule for the African Elephant
Document Number: 2023-00858
Type: Proposed Rule
Date: 2023-01-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are extending the comment period on our November 17, 2022, proposed rule to revise the rule for the African elephant (Loxodonta africana) promulgated under section 4(d) of the Endangered Species Act of 1973, as amended (ESA). We are extending the comment period for 60 days to give all interested parties an additional opportunity to comment. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the proposed rule.
Agency Information Collection Activities; Eagle Permits
Document Number: 2023-00624
Type: Notice
Date: 2023-01-13
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.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of Five Listed Animal and Plant Species
Document Number: 2023-00550
Type: Notice
Date: 2023-01-13
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, for two 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. We invite comments from the public and Federal, Tribal, State, and local governments.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-00577
Type: Notice
Date: 2023-01-13
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.
Endangered and Threatened Wildlife and Plants; Reclassifying Fender's Blue Butterfly From Endangered to Threatened With a Section 4(d) Rule
Document Number: 2023-00037
Type: Rule
Date: 2023-01-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), are reclassifying Fender's blue butterfly (Icaricia icarioides fenderi) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). Fender's blue butterfly is endemic to the Willamette Valley of Oregon. 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; Initiation of 5-Year Status Reviews of 31 Species in the Southwest
Document Number: 2023-00383
Type: Notice
Date: 2023-01-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, are conducting 5-year status reviews under the Endangered Species Act, of 31 animal and plant 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.
Alaska Subsistence Regional Advisory Council Meetings for 2023
Document Number: 2023-00339
Type: Notice
Date: 2023-01-11
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 (Councils) for the winter and fall cycles of 2023. The 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.
Draft Habitat Conservation Plan and Draft Categorical Exclusion for the Santa Barbara County Distinct Population Segment of the California Tiger Salamander; Kelt Reservoir Project, Santa Barbara County, CA
Document Number: 2023-00291
Type: Notice
Date: 2023-01-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a draft habitat conservation plan (HCP) and draft categorical exclusion (CatEx) for activities associated with an application for an incidental take permit (ITP) under the Endangered Species Act. The ITP would authorize take of the Santa Barbara County distinct population segment of the California tiger salamander incidental to activities associated with Golden State Water Company's (applicant) Kelt Reservoir Project in Orcutt, Santa Barbara 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 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 comments from the public and Federal, Tribal, State, and local governments.
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