Fish and Wildlife Service – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service, have received an application from Headwaters II Wind Farm LLC (applicant) a subsidiary of EDP Renewables North America LLC, for an incidental take permit (ITP) under the Endangered Species Act, for its Headwaters II Wind Farm (project). If approved, the ITP would be for a 30-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long-eared bat. The applicant has prepared a habitat conservation plan that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat and northern long-eared bat. 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 request public comment on the application and associated documents.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Sonoran desert tortoise (Gopherus morafkai) as an 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 the Sonoran desert tortoise. However, we ask the public to submit to us at any time any new information relevant to the status of the Sonoran desert tortoise or its habitat.

We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing San Benito evening-primrose (Camissonia benitensis), a plant native to California, from the Federal List of Endangered and Threatened Plants on the basis of recovery. 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 plant no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act).

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Tiehm's buckwheat (Eriogonum tiehmii), which the Service has proposed to list as endangered under the Endangered Species Act of 1973, as amended (Act). In total, we propose to designate approximately 910 acres (368 hectares) in one unit in Nevada as critical habitat for Tiehm's buckwheat. We also announce the availability of a draft economic analysis of the proposed critical habitat designation.

The U.S. Fish and Wildlife Service (Service or we) is proposing to establish the 2022-23 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.

We, the U.S. Fish and Wildlife Service, are correcting an erroneous acreage amount presented twice in the preamble of our July 22, 2021, final rule that was issued to comply with a court order concerning the critical habitat designation for the jaguar (Panthera onca) under the Endangered Species Act of 1973, as amended (Act).

In December 2016, the U.S. Fish and Wildlife Service (Service, or we) completed a Programmatic Environmental Impact Statement (PEIS) wherein we evaluated biological data to establish maximum take limits for permits to take bald eagles in each of six eagle management units in the United States. In the PEIS, we committed to reevaluate biological data and reassess the take limits no less than once every 6 years. This notice is to inform the public that we have reviewed recent data and, using updated population and demographic models, are revising take limits for bald eagles effective immediately.

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

We, the U.S. Fish and Wildlife Service, have received an application from Ford Ridge Wind Farm LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act, for its Ford Ridge Wind Project (project). If approved, the ITP would be for a 6-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long- eared bat. The applicant has prepared a habitat conservation plan that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat and northern long-eared bat. 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 able for public review.

We, the U.S. Fish and Wildlife Service (Service), announce the receipt and availability of an application for an incidental take permit (ITP) under the Endangered Species Act (ESA) and an associated draft low-effect habitat conservation plan (HCP). Additionally, consistent with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft low-effect screening form and environmental action statement supporting our preliminary determination that the proposed permit action qualifies for a categorical exclusion under NEPA. The Southern Nevada Water Authority has applied for an ITP under the ESA for the HCP for Warm Springs Natural Area and Hidden Valley Property in Clark County, Nevada. The ITP would authorize the take of seven species incidental to the development, construction and operation of the project. We invite the public and local, State, Tribal, and Federal agencies to comment on the permit application, proposed low-effect HCP, and NEPA categorical exclusion determination documentation. Before issuing the requested ITP, we will take into consideration any information that we receive during the public comment period.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of an application to amend the Oklahoma Department of Wildlife Conservation's enhancement of survival permit and the associated Agricultural Candidate Conservation Agreement with Assurances (CCAA) for Lesser Prairie Chickens (LEPC) in Oklahoma. The application package includes the proposed amendment to the CCAA and a draft screening form pursuant to the National Environmental Policy Act of 1969 (NEPA).

This document corrects a date in a document that reopened a comment period on a proposed rule and announced a public hearing. On January 11, 2022, we, the U.S. Fish and Wildlife Service, announced that we are reopening the public comment period on our September 30, 2021, proposal to remove 23 species from the Federal Lists of Endangered and Threatened Wildlife and Plants (List) due to extinction. We also announced a public hearing on the proposal to remove the ivory- billed woodpecker from the List and stated that the comment period reopening is only for the ivory-billed woodpecker proposed delisting. The document stated that the public hearing would take place on January 26, 2021. The correct date is January 26, 2022.

We, the U.S. Fish and Wildlife Service (Service), have received an application from the Ramona Municipal Water District (applicant) for a 4-year incidental take permit for the endangered Stephens' kangaroo rat and arroyo toad pursuant to the Endangered Species Act of 1973, as amended (Act). We are requesting comments on the permit application and on the preliminary determination that the proposed habitat conservation plan (HCP) qualifies as a ``low-effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended. The basis for this determination is discussed in the environmental action statement and the associated low-effect screening form, which are also available for public review.

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 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), are reopening the public comment period on our September 30, 2021, proposal to remove the ivory-billed woodpecker from the Federal Lists of Endangered and Threatened Wildlife and Plants (List) due to extinction. We are taking this action to conduct a public hearing on the proposal to remove the ivory-billed woodpecker from the List and to allow all interested parties additional time to comment on the proposed rule to delist the ivory-billed woodpecker (docket number: FWS-R4-ES-2020- 0109). Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. This comment period reopening is only for the ivory-billed woodpecker proposed delisting; we are not taking any comments in regard to the other 22 species proposed in the same rule, for which the comment periods closed on November 29, 2021.

We, the U.S. Fish and Wildlife Service (Service), are renumbering, renaming, and rearranging certain subparts and sections in our regulations. These changes will provide users a more organized road map of the Service's migratory bird and eagle permit processes and improve readability of the regulations. These changes necessitate updating cross-references to the affected section numbers in other parts of our regulations. In addition, we are making several nonsubstantive, editorial revisions to correct misspellings, update internet addresses, update applicable Office of Management and Budget (OMB) control numbers, and add or update relevant family and scientific names. This rule is a purely administrative action; it does not change the species protected by, the permit requirements of, or any other requirements of the regulations.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for a permit to conduct activities intended to recover and enhance endangered species survival. With some exceptions, the Endangered Species Act of 1973, as amended (ESA), prohibits certain activities that may impact endangered species unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), propose to list four of six distinct population segments (DPSs) of the foothill yellow-legged frog (Rana boylii), a stream dwelling amphibian from Oregon and California, under the Endangered Species Act of 1973 (Act), as amended. This determination also serves as our 12-month finding on a petition to list the foothill yellow-legged frog. After a review of the best scientific and commercial information available, we find that listing the South Sierra and South Coast DPSs as endangered and the North Feather and Central Coast DPSs as threatened is warranted. Accordingly, we propose to list these four DPSs under the Act, with the South Sierra and South Coast DPSs listed as endangered species, and the North Feather and Central Coast DPSs listed as threatened species. Our proposal to list the North Feather and Central Coast DPSs as threatened species also includes a rule issued under section 4(d) of the Act for each of these two DPSs. If we finalize this proposed rule for these four DPSs, we will then add them to the List of Endangered and Threatened Wildlife and extend the Act's protections to them. We have determined that designation of critical habitat for these four DPSs is not determinable at this time. We have also determined that the North Coast DPS (in Oregon and northern California) and the North Sierra DPS (in Yuba, Sierra, Nevada, and Placer Counties, California) of the foothill yellow-legged frog do not warrant listing at this time.

We, the U.S. Fish and Wildlife Service (Service), propose to list the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum), a subspecies found in Mexico, southern Arizona, and southern Texas, 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 cactus ferruginous pygmy-owl. After a review of the best available scientific and commercial information, we find that listing the subspecies is warranted. Accordingly, we propose to list the cactus ferruginous pygmy-owl 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 subspecies to the List of Endangered and Threatened Wildlife and extend the Act's protections to the subspecies. The finalization of this rule as proposed would include the issuance of a 4(d) rule. Designation of critical habitat was found to be prudent, but not determinable at this time. We also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule.

The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Fish and Wildlife Service (USFWS), as co-leads, announce their intention to prepare a Monument Management Plan (MMP) for the Pacific Remote Islands Marine National Monument (Monument). NOAA and USFWS are updating their original notice of intent to draft the MMP to include information about the expansion of the Monument in 2014, and to announce that NOAA and USFWS are co-leads in drafting the MMP. NOAA and USFWS are seeking input on issues, concerns, ideas, and suggestions for the future management of the Monument. NOAA and USFWS will also prepare a draft environmental assessment, concurrent with the management plan, to evaluate potential effects of implementing the proposed management alternatives for the Monument. Following the completion of the MMP, USFWS will prepare new individual Comprehensive Conservation Plans (CCPs) and revise existing CCPs for National Wildlife Refuges within the Monument, as appropriate.

We, the U.S. Fish and Wildlife Service, announce the availability of a draft recovery plan for Parachute beardtongue, a plant species listed as threatened under the Endangered Species Act. We are requesting review and comment from the public on this draft plan.

We, the U.S. Fish and Wildlife Service, announce the availability of a draft recovery plan for meltwater lednian stonefly and western glacier stonefly, two insect species listed as threatened under the Endangered Species Act. We request review and comment on this draft recovery plan from Federal, State, Tribal, and local agencies and the public.

We, the U.S. Fish and Wildlife Service, have received an application from Aitkin and Carlton Counties for an incidental take permit (ITP) under the Endangered Species Act for the proposed Aitkin- Carlton Counties Habitat Conservation Plan (HCP). If approved, the ITP would authorize the incidental take of three bat species for a 25-year period. The applicant has prepared an HCP to cover a suite of activities associated with continued forest and habitat management. We request public comment on the application, which includes the applicant's proposed 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 (Service), announce the availability of documents related to an application to amend an existing incidental take permit (ITP) under the Endangered Species Act. Montana Department of Natural Resources and Conservation has applied for an amendment to their existing ITP, which, if granted, would add lands for coverage under their Forest Management Habitat Conservation Plan (HCP), and which would effectively extend the permit take coverage to these lands for three federally listed species, the grizzly bear, Canada lynx, and bull trout, and two unlisted species, the westslope cutthroat trout and Columbia redband trout. We invite comments from the public and Federal, Tribal, State, and local governments.

We, the U.S. Fish and Wildlife Service (Service), announce the revised taxonomy of nine wildlife and nine plant species under the Endangered Species Act of 1973, as amended (ESA). We are revising the List of Endangered and Threatened Wildlife and the List of Endangered and Threatened Plants (``the Lists'') to reflect the current scientifically accepted taxonomy and nomenclature for these species that occur in the southwestern United States. We are also correcting errors in the Lists made in previous publications. The taxonomic revisions and correction of publication errors are editorial in nature and involve no substantive changes to the Lists or any applicable regulations.