Fish and Wildlife Service – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), propose to list two Florida species, the Key ring-necked snake (Diadophis punctatus acricus) and the rim rock crowned snake (Tantilla oolitica), and propose to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on the petition to list the Key ring-necked snake and the rim rock crowned snake. After a review of the best available scientific and commercial information, we find that listing both species is warranted. Accordingly, we propose to list both species as endangered species under the Act. If we finalize this rule as proposed, it would add the species to the List of Endangered and Threatened Wildlife and extend the Act's protections to both species. We also propose to designate critical habitat for the Key ring-necked snake and the rim rock crowned snake under the Act. In total, approximately 2,604 acres (ac) (1,054) hectares (ha) in Monroe County, Florida, and approximately 5,972 ac (2,418 ha) in Miami-Dade County and Monroe County, Florida, fall within the boundaries of the proposed critical habitat designation for the Key ring-necked snake and the rim rock crowned snake, respectively. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for both species.

We, the U.S. Fish and Wildlife Service (Service), are announcing the availability of documents associated with an application to amend an enhancement of survival permit (permit) under the Endangered Species Act. The Kansas Department of Wildlife and Parks has applied to amend the existing Programmatic Safe Harbor Agreement and Candidate Conservation Agreement with Assurances for 14 Aquatic Species in Kansas (SHA/CCAA) by adding one additional covered species, the western fanshell (Cyprogenia aberti). The documents available for review and comment are the applicant's proposed amended programmatic SHA/CCAA, which is part of the permit amendment application, and our draft environmental action statement and low-effect screening form, which support a categorical exclusion for the amendment under the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments.

We, the U.S. Fish and Wildlife Service (Service), announce findings on the status of the gopher tortoise (Gopherus polyphemus) rangewide and in the eastern (east of the Mobile and Tombigbee Rivers) and western (west of the Mobile and Tombigbee Rivers) portions of the range under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the gopher tortoise as an endangered or a threatened species rangewide is not warranted. We find that the gopher tortoise in the eastern portion of its range and the gopher tortoise in the western portion of its range meet the criteria of separate distinct population segments (DPS), as defined by our Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the Endangered Species Act. We determine the Eastern DPS of the gopher tortoise is not warranted for listing at this time. Further, we confirm that the Western DPS of the gopher tortoise meets the definition of a threatened species. Additionally, this notice serves as our completed 5-year review of the Western DPS of the gopher tortoise. We ask the public to submit to us any new information that becomes available concerning the threats to the gopher tortoise or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Andris Upitis (applicant) to amend an incidental take permit pursuant to the Endangered Species Act of 1973, as amended. The permit would continue to authorize take of the central distinct population segment (DPS) of the California tiger salamander and the California red-legged frog, incidental to construction of a single-family residence at 12 Rancho San Carlos (Ocho West). We invite public comment on the amendment request, which includes the applicant's original HCP. In accordance with the requirements of the National Environmental Policy Act, we have prepared a draft low-effect screening form supporting our preliminary determination that the proposed action qualifies for a categorical exclusion under NEPA. To make this determination, we reassessed our environmental action statement and low-effect screening form prepared for the current HCP, and this draft NEPA compliance documentation is also available for public review.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Lassics lupine (Lupinus constancei), a plant species native to northern California, as an endangered species and 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 Lassics lupine. 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 would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. We also propose to designate critical habitat for the Lassics lupine under the Act. In total, approximately 512 acres (ac) (207 hectares (ha)) in Humboldt and Trinity Counties, California, fall within the boundaries of the proposed critical habitat designation. In addition, we announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Lassics lupine.

We, the U.S. Fish and Wildlife Service (Service), are removing the snail darter (Percina tanasi), a small freshwater fish native to the Tennessee River watershed, from the Federal List of Endangered and Threatened Wildlife (List). This final rule is based on a thorough review of the best available scientific and commercial information which indicates that the threats to the species have been reduced or eliminated to the point that it has recovered and is no longer in danger of extinction or likely to become in danger of extinction in the foreseeable future. Therefore, the species no longer meets the definition of an endangered or a threatened species under the Endangered Species Act of 1973, as amended (Act).

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an existing information collection.

We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our October 25, 2021, proposed rule to designate critical habitat for the coastal distinct population segment of Pacific marten (coastal marten) (Martes caurina), a mammal species from coastal California and Oregon, under the Endangered Species Act of 1973, as amended (Act). This action will allow all interested parties an additional opportunity to comment on the October 25, 2021, proposed rule, as well as the opportunity to comment on the additional areas we are considering for exclusion from critical habitat designation, potential changes to Unit 1, and on new habitat modeling efforts for the coastal marten, as explained in this document. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Florida Keys mole skink (Plestiodon egregius egregius), a lizard subspecies from the Florida Keys, Florida, as a threatened species and 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 Florida Keys mole skink. 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 Florida Keys mole skink as a threatened species with a rule issued under section 4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We also propose to designate critical habitat for the Florida Keys mole skink under the Act. In total, approximately 7,068 acres (2,860 hectares) within Monroe County in the Florida Keys, Florida, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Florida Keys mole skink.

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 an Office of Management and Budget (OMB) control number.

We, the U.S. Fish and Wildlife Service (Service), are correcting one amendatory instruction in a final rule that published in the Federal Register on September 16, 2022. That rule opened, for the first time, two National Wildlife Refuges (NWRs, refuges) that are currently closed to hunting and sport fishing. In addition, the rule opened or expanded hunting or sport fishing at 16 other NWRs and added pertinent station-specific regulations for other NWRs that pertain to migratory game bird hunting, upland game hunting, big game hunting, or sport fishing for the 2022-2023 season.

We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on foreign or native species for which the Service has jurisdiction under the Marine Mammal Protection Act (MMPA) and foreign bird species covered under the Wild Bird Conservation Act (WBCA). With some exceptions, the MMPA and WBCA prohibit activities with listed species unless Federal authorization is issued that allows such activities. These Acts also require that we invite public comment before issuing permits for any activity they otherwise prohibit with respect to any species.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection.

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.

We, the U.S. Fish and Wildlife Service (Service), propose to list the tricolored bat (Perimyotis subflavus), a bat species from Guatemala, Honduras, Belize, Nicaragua, Mexico, a small part of southeastern Canada, and all or portions of the following 39 States and the District of Columbia: Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Wisconsin, West Virginia, and Wyoming, 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 tricolored bat. 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 tricolored bat as an endangered species under the Act. 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. We find that designating critical habitat for this species is not prudent. We also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule.

We, the Fish and Wildlife Service (Service), announce receipt of an application from CG Citrus, 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 this HCP qualifies as ``low effect,'' categorically excluded under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review.

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.

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.

We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to release (meaning introduce) 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, the sihek exists only in captivity and has been extinct in the wild for more than 30 years. The proposed introduction on Palmyra Atoll is outside the 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 under development, but these tools are unlikely to be available for broad use within the foreseeable future. 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 propose to classify the population as a nonessential experimental population (NEP) under the Act and propose 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. We are seeking comments on this proposal.

In accordance with the Paperwork Reduction Act of 1995 (PRA), we, the U.S. Fish and Wildlife Service (Service), are proposing to revise a currently approved information collection.

We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on foreign or native species for which the Service has jurisdiction under the Marine Mammal Protection Act (MMPA). 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 permits for any activity otherwise prohibited with respect to any species.

We, the U.S. Fish and Wildlife Service (Service), are removing the Braken Bat Cave meshweaver (Cicurina venii), an arachnid, from the Federal List of Endangered and Threatened Wildlife (i.e., ``delisting'' the species) under the Endangered Species Act of 1973, as amended (Act), because of a taxonomic revision. This determination is based on our evaluation of the best available scientific and commercial information, which indicates that the Braken Bat Cave meshweaver is not a discrete taxonomic entity and does not meet the definition of a species as defined under the Act. The reason it does not meet the definition of a species is that the original data for classification of the Braken Bat Cave meshweaver when it was listed was in error. Braken Bat Cave meshweaver has been synonymized with Madla Cave meshweaver (Cicurina madla). Therefore, due to a taxonomic revision, Braken Bat Cave meshweaver is no longer a scientifically accepted species and cannot be listed under the Act. However, because individuals previously identified as Braken Bat Cave meshweaver have been synonymized under Madla Cave meshweaver, their status and protections under the Act remain the same because the Madla Cave meshweaver is listed as endangered under the Act.

We, the Fish and Wildlife Service (Service), have received an application from the North Carolina Wildlife Resources Commission (applicant, NCWRC) for an enhancement of survival permit for take of aquatic species in North Carolina. The applicant also submitted a combined proposed programmatic safe harbor agreement (SHA) and candidate conservation agreement with assurances (CCAA) in support of the application. The Service has prepared an environmental action statement and low-effect screening form, both of which are also available for public review. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents.

The United States, as a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), will attend the nineteenth regular meeting of the Conference of the Parties to CITES (CoP19) in Panama City, Panama, November 14-25, 2022. Currently, the United States is developing its negotiating positions on proposed resolutions, decisions, and amendments to the CITES Appendices (species proposals), as well as other agenda items that have been submitted by other Parties, the permanent CITES committees, and the CITES Secretariat for consideration at CoP19. With this notice, we announce the provisional agenda for CoP19, solicit your comments on the items on the provisional agenda, and announce a virtual public meeting to discuss the items on the provisional agenda.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a joint draft environmental impact statement/ environmental impact report (DEIS/EIR) for the Tijuana Estuary Tidal Restoration Program II Phase I (TETRP II Phase I). The Service, in partnership with the California Department of Parks and Recreation, is proposing coastal wetland restoration within the Tijuana River National Estuarine Research Reserve on portions of both the Tijuana Slough National Wildlife Refuge and Border Field State Park, in San Diego County, California. The U.S. Army Corps of Engineers is participating in the National Environmental Policy Act process as a cooperating agency. This notice advises the public that the DEIS/EIR, which describes the coastal wetland restoration alternatives identified for TETRP II Phase I, is available for public review and comment.