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

National Wildlife Refuge System; Drain Tile Setbacks
Document Number: 2023-08998
Type: Proposed Rule
Date: 2023-04-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose new regulations pertaining to wetland easements to bring consistency, transparency, and clarity for both easement landowners and the Service in the administration of conservation easements, pursuant to the National Wildlife Refuge Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997. The proposed regulations would codify the process by which the Service establishes drain tile setbacks in wetland easement contracts. Setback distances would be calculated based upon the best available science considering soil characteristics, tile diameter, the depth of the tile below the surface, and/or topography sufficient to the easement contract's standard of protection that ensures no drainage of adjacent protected wetland areas. The proposed regulations would apply only to setbacks provided by the Service beginning on the effective date of the final rule.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Big Creek Crayfish and St. Francis River Crayfish and Designation of Critical Habitat
Document Number: 2023-08849
Type: Unknown
Date: 2023-04-27
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 Big Creek crayfish (Faxonius peruncus) and the St. Francis River crayfish (Faxonius quadruncus), two crayfish species from southern Missouri. We also finalize a rule under the authority of section 4(d) of the Act that provides regulatory measures that are necessary and advisable to provide for the conservation of these species. In addition, we designate critical habitat for the species; in total, approximately 1,069 river miles (1,720 river kilometers) for the Big Creek crayfish and 1,043 river miles (1,679 river kilometers) for the St. Francis River crayfish in Iron, Madison, St. Francois, Washington, and Wayne Counties, Missouri, fall within the boundaries of the critical habitat designations. This rule applies the protections of the Act to these species and their designated critical habitats.
Endangered and Threatened Wildlife and Plants; Threatened Status for the Bi-State Distinct Population Segment of Greater Sage-Grouse With Section 4(d) Rule and Designation of Critical Habitat
Document Number: 2023-08848
Type: Proposed Rule
Date: 2023-04-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce that we are reopening the comment periods on our October 28, 2013, proposed rules to list the Bi-State distinct population segment (DPS) of greater sage-grouse (Centrocercus urophasianus) (hereafter Bi-State DPS) as threatened under the Endangered Species Act (Act) with a section 4(d) rule and to designate critical habitat for the Bi-State DPS. The District Court for the Northern District of California vacated our March 31, 2020, withdrawal of the October 28, 2013, proposed listing rule, and that action serves to reinstate the proposed listing rule. We will initiate a new status review to determine whether the Bi- State DPS meets the definition of an endangered or threatened species under the Act. We request new information to inform this status review. Comments previously submitted need not be resubmitted, as they will be fully considered in preparing the final determination.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for South Llano Springs Moss
Document Number: 2023-08846
Type: Unknown
Date: 2023-04-27
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 South Llano springs moss (Donrichardsia macroneuron), an aquatic moss species from Edwards County, Texas. We are excluding the single unit of proposed critical habitat, and, therefore, no critical habitat is being designated for the South Llano springs moss. This rule adds the species to the List of Endangered and Threatened Plants and applies the protections of the Act to the species.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-08940
Type: Notice
Date: 2023-04-27
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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Lake County, FL; Categorical Exclusion
Document Number: 2023-08928
Type: Notice
Date: 2023-04-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Lake County (Hooks Street Extension) (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 roadway 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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Orange County, FL; Categorical Exclusion
Document Number: 2023-08918
Type: Notice
Date: 2023-04-27
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Ashton Orlando Residential, LLC (applicant; Lake Dennis project) 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 residential development 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.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
Document Number: 2023-08912
Type: Notice
Date: 2023-04-27
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 ESA. 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; Determination of Threatened Status for Wright's Marsh Thistle With a Section 4(d) Rule and Designation of Critical Habitat
Document Number: 2023-08565
Type: Rule
Date: 2023-04-25
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 Wright's marsh thistle (Cirsium wrightii), a thistle species from New Mexico. We also designate critical habitat. In total, approximately 156.8 acres (63.4 hectares) in Chaves, Eddy, Guadalupe, Otero, and Socorro Counties, New Mexico, 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.
Endangered Species; Marine Mammals; Issuance of Permits
Document Number: 2023-08697
Type: Notice
Date: 2023-04-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), have issued permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion
Document Number: 2023-08716
Type: Notice
Date: 2023-04-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from James Bruckmann (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Alabama beach mouse (Peromyscus polionotus ammobates) incidental to construction in the City of Orange Beach, Baldwin County, Alabama. 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.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Osceola County, FL; Categorical Exclusion
Document Number: 2023-08714
Type: Notice
Date: 2023-04-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Legacy Westside Apartments, 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 (Neoseps reynoldsi) and blue-tailed mole-skink (Eumeces egregius lividus) incidental to the construction and operation of a residential development in Osceola 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; Technical Corrections for 62 Wildlife and Plant Species on the Lists of Endangered and Threatened Wildlife and Plants
Document Number: 2023-08503
Type: Rule
Date: 2023-04-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are withdrawing, in part, a February 2, 2023, direct final rule that revises the taxonomy of 62 wildlife and plant species listed under the Endangered Species Act of 1973, as amended (Act). For the Hawaiian hoary bat (Lasiurus cinereus semotus), we received comments relating to scientific research relevant to its taxonomic classification; and as a result, we are withdrawing the amendment in the direct final rule for this species only. The amendments in the direct final rule for the other 61 wildlife and plant species will be effective on May 3, 2023.
Marine Mammals; Incidental Take of Northern Sea Otters During Specified Activities; the Gulf of Alaska
Document Number: 2023-08258
Type: Rule
Date: 2023-04-19
Agency: Fish and Wildlife Service, Department of the Interior
In accordance with the Marine Mammal Protection Act of 1972, as amended, and its implementing regulations, we, the U.S. Fish and Wildlife Service, finalize incidental take regulations that facilitate the authorization of nonlethal, incidental, unintentional take by harassment of small numbers of northern sea otters during marine construction and pile driving in the Gulf of Alaska coastal waters. Take may result from marine construction and pile-driving activities. This rule is effective for 5 years from the date of issuance.
Agency Information Collection Activities; Alaska Guide Service Evaluation
Document Number: 2023-08237
Type: Notice
Date: 2023-04-19
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.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Rufa Red Knot
Document Number: 2023-06619
Type: Proposed Rule
Date: 2023-04-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our July 15, 2021, proposed rule (hereinafter the ``2021 proposed rule'') to designate critical habitat for the rufa red knot (Calidris canutus rufa) under the Endangered Species Act of 1973, as amended (Act). In this document, we present revisions to the critical habitat designation we proposed for the species in the 2021 proposed rule. As a result of the critical habitat revisions, we now propose to designate a total of approximately 683,405 acres (276,564 hectares) as critical habitat for the rufa red knot across 127 units (18 of which are further subdivided into 46 subunits) in Massachusetts, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. This amounts to an overall increase of 32,615 acres (13,199 hectares) in our proposed critical habitat designation for the species. This revision includes seven new units in Massachusetts, New York, Virginia, North Carolina, South Carolina, and Georgia; revised units in Massachusetts, New Jersey, South Carolina, Georgia, and Texas; and corrections to reported acreages/hectares for four other units and the total acreage in the 2021 proposed rule. We are reopening the comment period to allow all interested parties the opportunity to comment on the 2021 proposed rule, as well as the revisions described in this document. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule. If the determination is finalized, the final rule will include responses to the comments previously received from the 2021 proposed rule and any comments received as part of this document's reopening of comments.
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Indian River County, FL; Categorical Exclusion
Document Number: 2023-07764
Type: Notice
Date: 2023-04-13
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Remington Stewart, LLP (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally threatened Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction and operation of a commercial development in Indian River 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 Enhancement of Survival Permit Applications in Support of Quail Country Programmatic Candidate Conservation Agreement With Assurances for North Florida and Southwest Georgia; Categorical Exclusion
Document Number: 2023-07532
Type: Notice
Date: 2023-04-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of two separate applications, one each from the Florida Fish and Wildlife Conservation Commission (FWC) and the Georgia Department of Natural Resources (GADNR), for enhancement of survival permits under the Endangered Species Act. The FWC and GADNR have each applied for a separate permit associated with the implementation of the Quail Country Programmatic Candidate Conservation Agreement with Assurances (CCAA) for 12 species in North Florida and Southwest Georgia. Successful implementation of the CCAA is expected to enhance the habitat of the species and protect their habitats from destruction and degradation. We request public comment on the applications, which include the CCAA, and on the Service's preliminary determination that the proposed permitting actions 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.
Sport Fishing and Boating Partnership Council; Call for Nominations
Document Number: 2023-07600
Type: Notice
Date: 2023-04-11
Agency: Fish and Wildlife Service, Department of the Interior
The Secretary of the Interior and the Secretary of Commerce (Secretaries) seek nominations for individuals to be considered for membership on the Sport Fishing and Boating Partnership Council.
Endangered and Threatened Wildlife and Plants; Removal of the Colorado Hookless Cactus From the Federal List of Endangered and Threatened Wildlife
Document Number: 2023-07119
Type: Proposed Rule
Date: 2023-04-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to remove the Colorado hookless cactus (Sclerocactus glaucus) from the Federal List of Endangered and Threatened Plants (List) due to recovery. Recent taxonomic studies have indicated that the currently listed entity is actually two species: Sclerocactus glaucus and Sclerocactus dawsonii. We find that neither species should be listed as a threatened or endangered species under the Endangered Species Act of 1973, as amended (Act). 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 these species no longer meet the definition of a threatened or endangered species under the Act. We request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for Colorado hookless cactus (S. glaucus and S. dawsonii). If this proposal is finalized, Colorado hookless cactus will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, will no longer apply to the species.
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Bracted Twistflower and Designation of Critical Habitat
Document Number: 2023-07118
Type: Rule
Date: 2023-04-11
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 bracted twistflower (Streptanthus bracteatus), a plant species from Texas. In addition, we designate critical habitat for the bracted twistflower. In total, approximately 1,596 acres (646 hectares) in Uvalde, Medina, Bexar, and Travis Counties, Texas, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat. We also finalize a rule issued under the authority of section 4(d) of the Act (a ``4(d) rule'') that provides measures that are necessary and advisable to provide for the conservation of this species.
Foreign Endangered Species; Receipt of Permit Applications
Document Number: 2023-07443
Type: Notice
Date: 2023-04-10
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 Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion
Document Number: 2023-07356
Type: Notice
Date: 2023-04-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce receipt of an application from Sampath Srikanth (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Alabama beach mouse (Peromyscus polionotus ammobates) incidental to construction on Fort Morgan Peninsula, Baldwin County, Alabama. 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 and Threatened Wildlife and Plants; Designation of Critical Habitat for Pearl Darter
Document Number: 2023-07081
Type: Rule
Date: 2023-04-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the pearl darter (Percina aurora) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 524 river miles (843 river kilometers) in Clarke, Covington, Forrest, George, Green, Lauderdale, Jackson, Jones, Newton, Perry, Simpson, Stone, and Wayne Counties, Mississippi, fall within the boundaries of the critical habitat designation. The effect of this regulation is to designate critical habitat for the pearl darter under the Act.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of the Guam Kingfisher, or Sihek, on Palmyra Atoll, USA
Document Number: 2023-06958
Type: Rule
Date: 2023-04-04
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service or USFWS), are releasing (meaning introducing) the Guam kingfisher (Todiramphus cinnamominus), known locally as the sihek, on Palmyra Atoll as an experimental population under the Endangered Species Act of 1973, as amended (Act). Currently, sihek exists only in captivity and has been extinct in the wild for more than 30 years. The introduction on Palmyra Atoll is outside sihek's historical range because its primary habitat within its native range on Guam has been indefinitely altered by the accidental introduction of the predatory brown treesnake (Boiga irregularis) in the mid-twentieth century. Tools to manage brown treesnakes at a landscape level are beginning to be deployed, but it will take time before these tools are effective enough for the reintroduction of sihek on Guam. We anticipate significant declines in sihek population that threaten the species' viability before reintroduction to Guam could occur. The introduction of sihek to Palmyra Atoll is not intended to be a permanent introduction that would support a self-sustaining population; rather, it is intended to facilitate the gathering of information and analysis to optimize efforts for reestablishment of the species on Guam once brown treesnakes can be sufficiently controlled at a landscape scale. The introduction of sihek to Palmyra Atoll is also likely to help increase the global population of this extinct-in-the-wild species in advance of a reintroduction effort on Guam. We classify this population as a nonessential experimental population (NEP) under the Act and provide regulations for the take of sihek within the NEP area. The best available data indicate the introduction of sihek to Palmyra Atoll is biologically feasible and will promote the conservation of the species.
Agency Information Collection Activities; Policy Regarding Voluntary Prelisting Conservation Actions
Document Number: 2023-06759
Type: Notice
Date: 2023-04-03
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, without change, an information collection.
Endangered and Threatened Wildlife and Plants; Significant Portion of Its Range Analysis for the Northern Distinct Population Segment of the Southern Subspecies of Scarlet Macaw
Document Number: 2023-06723
Type: Rule
Date: 2023-04-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine threatened status under the Endangered Species Act of 1973 (Act), as amended, for the northern distinct population segment (DPS), of the southern subspecies of scarlet macaw (Ara macao macao). Scarlet macaws are brilliantly colored parrots native to Mexico and Central and South America. This action affirms the 2019 listing of the scarlet macaw under the Act.
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