Fish and Wildlife Service February 15, 2023 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from BP America Production Company, propose to authorize nonlethal incidental take by harassment of small numbers of Southern Beaufort Sea (SBS) polar bears (Ursus maritimus) between issuance and December 14, 2023. The applicant requested this authorization for take by harassment that may result from activities associated with closure, remediation, and rehabilitation of the Foggy Island Bay State No. 1 gravel pad in the Prudhoe Bay area of the North Slope of Alaska. We estimate that this project may result in the nonlethal incidental take by harassment of up to three SBS polar bears. This proposed authorization, if finalized, will be for up to three takes of polar bears by Level B harassment only. No take by injury or mortality is requested, expected, or proposed to be authorized.

We, the U.S. Fish and Wildlife Service (Service), propose to remove the Southeast U.S. distinct population segment (DPS) of the wood stork (Mycteria americana) from the Federal List of Endangered and Threatened Wildlife due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that this wood stork DPS has recovered and the threats to it are being adequately managed such that the DPS no longer meets the definition of an endangered species or threatened species under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, the prohibitions and conservation measures provided by the Act, particularly through section 7, and our regulations would no longer apply to the wood stork DPS. We are seeking information and comments from the public regarding this proposed rule.