SUMMARY: In accordance with the January 20, 2009, memorandum
``Regulatory Review,'' signed by Chief of Staff Rahm Emanuel, we, the
U.S. Forest Service and U.S. Fish and Wildlife Service, withdraw our
proposed rule published January 29, 2009, to establish regulations for
hunting and trapping seasons, harvest limits, methods, and means
related to taking of wildlife for subsistence uses in Alaska during the
2010-11 and 2011-12 regulatory years.
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SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, methods, and means related to taking
of wildlife for subsistence uses during the 2010-11 and 2011-12
regulatory years. The Federal Subsistence Board completes the biennial
process of revising subsistence hunting and trapping regulations in
even-numbered years and subsistence fishing and shellfish regulations
in odd-numbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable biennial cycle.
When final, the resulting rulemaking will replace the existing
subsistence wildlife taking regulations, which expire on June 30, 2010.
This rule would also amend the customary and traditional use
determinations of the Federal Subsistence Board and the general
regulations on subsistence taking of fish and wildlife.
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SUMMARY: This rule prescribes special late-season migratory bird
hunting regulations for certain tribes on Federal Indian reservations,
off-reservation trust lands, and ceded lands. This rule responds to
tribal requests for U.S. Fish and Wildlife Service (hereinafter Service
or we) recognition of their authority to regulate hunting under
established guidelines. This rule allows the establishment of season
bag limits and, thus, harvest at levels compatible with populations and
habitat conditions.
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SUMMARY: This rule prescribes special early season migratory bird
hunting regulations for certain tribes on Federal Indian reservations,
off-reservation trust lands, and ceded lands. This responds to tribal
requests for U.S. Fish and Wildlife Service (hereinafter ``Service'' or
``we'') recognition of their authority to regulate hunting under
established guidelines. This rule allows the establishment of season
bag limits and, thus, harvest at levels compatible with populations and
habitat conditions.
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SUMMARY: On June 19, 2008, the U.S. Fish and Wildlife Service (the
Service) and the Confederated Salish and Kootenai Tribes (CSKT)
(collectively the Parties) signed an annual funding agreement (AFA)
under the Tribal Self-Governance Act of 1994. The Tribal Self-
Governance Act provides for the Secretary of the Interior (the
Secretary) to negotiate and enter into an AFA with a tribe
participating in Self-Governance, authorizing the tribe to plan,
conduct, consolidate, and administer programs, services, functions, and
activities, or portions thereof (Activities), administered by the
Secretary, which are of special geographic, historical, or cultural
significance to that tribe. This includes such Activities within the
National Wildlife Refuge System (NWRS).
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SUMMARY: This final rule establishes regulations for seasons, harvest
limits, methods, and means related to taking of wildlife for
subsistence uses in Alaska during the 2008-09 and 2009-10 regulatory
years. These regulations have been subject to an annual public review
cycle, but starting in 2008 the Federal Subsistence Management Program
will provide a public review process for subsistence hunting and
trapping regulations in even-numbered years and subsistence fishing and
shellfish regulations in odd-numbered years. The Program will also
address customary and traditional use determinations during the
applicable biennial cycle. This cycle adjustment does not affect the
public's ability to submit special action requests or requests for
reconsideration, as outlined in the regulations. This rulemaking
replaces the subpart D subsistence taking of wildlife taking
regulations which expire June 30, 2008. This rule also amends the
customary and traditional use determinations of the Federal Subsistence
Board.
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SUMMARY: These final regulations provide two mechanisms to authorize
take under the Bald and Golden Eagle Protection Act (Eagle Act) by
certain persons who have been authorized under the Endangered Species
Act (ESA) to take bald eagles (Haliaeetus leucocephalus) and golden
eagles (Aquila chrysaetos).
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
a final rule to amend the regulations for the Federal List of
Endangered and Threatened Wildlife at 50 CFR 17.11 by designating bald
eagles (Haliaeetus leucocephalus) in the Sonoran Desert area of central
Arizona as threatened under the authority of the Endangered Species Act
of 1973, as amended (Act). We are also reinstating and clarifying the
former special rule at 50 CFR 17.41 that applied to threatened members
of this species. This action revises the CFR to reflect a March 6,
2008, court order.
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SUMMARY: On January 25, 2008, the Fish and Wildlife Service published a
Federal Register Notice (73 FR 4617) announcing the availability of the
Draft Environmental Impact Statement (DEIS) for a Proposed Land
Exchange in the Yukon Flats National Wildlife Refuge, Alaska, and the
beginning of a 60-day comment period. In response to numerous requests
from Tribal Governments, non-governmental organizations, and the
general public we are reopening the comment period for an additional 30
days. We will consider these public comments when revising the
document.
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SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, methods, and means related to taking
of wildlife for subsistence uses during the 2008-09 and 2009-10
regulatory years. These regulations have been subject to an annual
public review cycle, but starting in 2008 the Federal Subsistence
Management Program will provide a public review process for subsistence
hunting and trapping regulations in even-numbered years and subsistence
fishing and shellfish regulations in odd-numbered years. The Program
will also address customary and traditional use determinations during
the applicable biennial cycle. This cycle adjustment does not affect
the public's ability to submit special action requests or requests for
reconsideration, as outlined in the regulations. When final, the
resulting rulemaking will replace the subsistence wildlife taking
regulations, which expire on June 30, 2008. This rule would also amend
the customary and traditional use determinations of the Federal
Subsistence Board and the general regulations on taking of wildlife.
FULL TEXT
SUMMARY: This proposed rule would establish regulations for fishing
seasons, harvest limits, methods, and means related to taking of fish
and shellfish for subsistence uses during the 2009-2010 and 2010-2011
regulatory years. These regulations have been subject to an annual
public review cycle, but starting in 2008 the Federal Subsistence
Management Program will provide a public review process for subsistence
hunting and trapping regulations in even-numbered years and subsistence
fishing and shellfishing regulations in odd-numbered years. The Program
will also address customary and traditional use determinations during
the applicable biennial cycle. This cycle adjustment does not affect
the public's ability to submit special action requests or requests for
reconsideration, as outlined in the regulations. When final, the
resulting rulemaking would replace the subsistence fish and shellfish
taking regulations that will expire on March 31, 2009. This rule would
also amend the customary and traditional use determinations of the
Federal Subsistence Board and the general regulations on taking of fish
and shellfish.
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SUMMARY: This provides notice of the Federal Subsistence Board's in-
season management actions to protect caribou populations in Unit 9D and
female deer populations in the Northeast Chichagof Controlled Use Area
and Unit 4. These actions provide an exception to the Subsistence
Management Regulations for Public Lands in Alaska, published in the
Federal Register on December 27, 2007. Those regulations established
seasons, harvest limits, methods, and means relating to the taking of
wildlife for subsistence uses during the 2007-08 regulatory year.
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SUMMARY: We, the Fish and Wildlife Service (Service), publish this
notice to list programs or portions of programs that are eligible for
inclusion in Fiscal Year 2008 funding agreements with self-governance
tribes, and to list programmatic targets under section 405(c)(4) of the
Tribal Self-Governance Act.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is
publishing migratory bird subsistence harvest regulations in Alaska for
the 2008 season. This proposed rule establishes regulations that
prescribe dates when harvesting of birds may occur, species that can be
taken, and methods and means excluded from use. These regulations were
developed under a Co-management process involving the Service, the
Alaska Department of Fish and Game, and Alaska Native representatives.
These regulations enable the continuation of customary and traditional
subsistence uses of migratory birds in Alaska. The rulemaking is
necessary because the regulations governing the subsistence harvest of
migratory birds in Alaska are subject to annual review. This rulemaking
enacts region-specific regulations that go into effect on April 2,
2008, and expire on August 31, 2008.
FULL TEXT
SUMMARY: This final rule establishes regulations for seasons, harvest
limits, methods, and means related to taking of fish and shellfish for
subsistence uses during the 2008-09 regulatory year. The rulemaking is
necessary because Subpart D is subject to an annual public review
cycle. This rulemaking replaces the fish and shellfish taking
regulations included in the ``Subsistence Management Regulations for
Public Lands in Alaska, Subpart D--2007-08 Subsistence Taking of Fish
and Wildlife Regulations,'' which expire on March 31, 2008.
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SUMMARY: We (Fish and Wildlife Service) have sent an Information
Collection Request (ICR) to OMB for review and approval. The ICR, which
is summarized below, describes the nature of the collection and the
estimated burden and cost. We may not conduct or sponsor and a person
is not required to respond to a collection of information unless it
displays a currently valid OMB control number.
FULL TEXT
SUMMARY: This rule prescribes special early and late season migratory
bird hunting regulations for certain tribes on Federal Indian
reservations, off-reservation trust lands, and ceded lands. This
responds to tribal requests for U.S. Fish and Wildlife Service
(hereinafter Service or we) recognition of their authority to regulate
hunting under established guidelines. This rule allows the
establishment of season bag limits and, thus, harvest at levels
compatible with populations and habitat conditions.
FULL TEXT
SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is
publishing migratory bird subsistence harvest regulations in Alaska for
the 2008 season. This proposed rule establishes regulations that
prescribe dates when harvesting of birds may occur, species that can be
taken, and methods and means excluded from use. These regulations were
developed under a Co-management process involving the Service, the
Alaska Department of Fish and Game, and Alaska Native representatives.
These regulations enable the continuation of customary and traditional
subsistence uses of migratory birds in Alaska. The rulemaking is
necessary because the regulations governing the subsistence harvest of
migratory birds in Alaska are subject to annual review. This rulemaking
proposes region-specific regulations that go into effect on April 2,
2008, and expire on August 31, 2008.
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UMMARY: The Agua Caliente Band of Cahuilla Indians (Applicant) has
applied to the U.S. Fish and Wildlife Service (Service) for an
incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The Service is
requesting public comment on the Draft Agua Caliente Tribal Habitat
Conservation Plan (THCP), Draft Implementing Agreement, and Draft
Environmental Impact Statement (EIS). The Applicant is requesting a
permit for 24 species, seven of which are currently listed as
threatened or endangered under the Act. Of these 24 species, the
Applicant requests a permit and assurances for 15 animal species that
are not currently listed and assurances for two plant species. The
permit is needed to authorize incidental take of listed animal species
(including harm, injury, and harassment) due to development and certain
other activities in the approximately 35,871-acre (56-square mile) Plan
Area in the Coachella Valley of Riverside County, California.
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The U.S. Fish and Wildlife Service (hereinafter, Service or
we) proposes special migratory bird hunting regulations for certain
Tribes on Federal Indian reservations, off-reservation trust lands, and
ceded lands for the 2007-08 migratory bird hunting season.
FULL TEXT
SUMMARY: We, the Fish and Wildlife Service (Service), are correcting
the DATES section of a final rule that appeared in the Federal Register
of April 11, 2007 (72 FR 18317). The final rule published harvest
regulations for migratory bird subsistence hunting in Alaska for the
2007 season.
FULL TEXT
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the Yellowstone National Park
(YNP) bison herd as endangered under the Endangered Species Act of
1973, as amended (Act). On the basis of our review of the petition and
information readily available in our files, we have determined that
there is substantial information indicating that the YNP bison herd may
meet the criteria of discreteness and significance as defined by our
policy on distinct vertebrate population segments (DPS). However, we
have also determined that there is not substantial information
indicating that listing the YNP bison herd under the Act may be
warranted throughout all or a significant part of its range. We will
not initiate a status review in response to this petition. We ask the
public to submit to us any new information that becomes available
concerning the status of the YNP bison herd or threats to it or its
habitat at any time. This information will help us monitor and
encourage the conservation of the species.
FULL TEXT
SUMMARY: The best available scientific and commercial data indicate
that the bald eagle has recovered. Therefore, under the authority of
the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish
and Wildlife Service, remove (delist) the bald eagle (Haliaeetus
leucocephalus) in the lower 48 States of the United States from the
Federal List of Endangered and Threatened Wildlife. This determination
is based on a thorough review of all available information, which
indicates that the threats to this species have been eliminated or
reduced to the point that the species has recovered and no longer meets
the definition of threatened or endangered under the Act.
Fueled by a reduction in the threats to the bald eagle, the
population in the lower 48 States has increased from approximately 487
breeding pairs in 1963, to an estimated 9,789 breeding pairs today. The
recovery of the bald eagle is due in part to the reduction in levels of
persistent organochlorine pesticides (such as DDT) occurring in the
environment and habitat protection and management actions. The
protections provided to the bald eagle under the Bald and Golden Eagle
Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA) will
continue to remain in place after the species is delisted. To help
provide more clarity on the management of bald eagles after delisting,
we recently published a regulatory definition of ``disturb'', the final
National Bald Eagle Management Guidelines and a proposed rule for a new
permit that would authorize limited take under BGEPA and grandfather
existing Act authorizations.
FULL TEXT
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of the draft post-delisting monitoring plan (draft PDM
Plan) for the bald eagle (Haliaeetus leucocephalus). The Endangered
Species Act (ESA) requires that the Service implement a system, in
cooperation with the States, to monitor effectively for at least 5
years, the status of all species that have been recovered and no longer
need protection of the ESA. The bald eagle in the contiguous 48 states
will be removed from the Federal List of Threatened and Endangered
Wildlife and Plants (delisted) due to recovery. We are publishing the
final rule for the delisting simultaneously with this notice elsewhere
in today's Federal Register. We will also ask the Office of Management
and Budget (OMB) to approve the information collection (IC) for the
draft PDM Plan described below.
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SUMMARY: The U.S. Fish and Wildlife Service is considering amending its
migratory bird regulations to allow Native Americans to acquire parts
and feathers from birds other than eagles for religious or spiritual
use. No current regulations govern the acquisition and possession of
migratory bird parts and feathers of birds other than eagles for Native
American religious or spiritual use. We have a compelling interest in
protecting the traditional religious and spiritual resource values of
Native Americans as part of our trust relationship with federally
recognized Native American tribes. We recognize the need to balance
this compelling reason against the equally compelling basis for the
Migratory Bird Treaty Act. We seek information necessary to prepare an
environmental assessment under the National Environmental Policy Act
and its implementing regulations for a possible proposed rule.
FULL TEXT
SUMMARY: Section 1119 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59, 119 Stat. 1144) makes changes to the Indian Reservation Road
Bridge Program (IRRBP). It amends the existing IRRBP by establishing
new policies and provisions. In addition, it authorizes $14 million of
IRRBP funds per year for the replacement or rehabilitation of
structurally deficient or functionally obsolete Indian Reservation Road
(IRR) bridges. In accordance with these changes, the FHWA, with input
and recommendations from the Bureau of Indian Affairs (BIA) and the
Indian Reservation Roads Coordinating Committee (IRRCC), is proposing
funding distribution procedures for BIA owned and non-BIA owned IRR
bridge projects. The proposed changes allow funding for preliminary
engineering (PE), construction engineering (CE), and construction for
the replacement or rehabilitation of structurally deficient or
functionally obsolete IRR bridges.
FULL TEXT
SUMMARY: This notice advises the public that National Bald Eagle
Management Guidelines are available to the public.
FULL TEXT
SUMMARY: In anticipation of possible removal (delisting) of the bald
eagle from the List of Threatened and Endangered Wildlife under the
Endangered Species Act (ESA), the U.S. Fish and Wildlife Service
(``we'' or ``the Service'') is proposing new permit regulations to
authorize the take of bald and golden eagles under the Bald and Golden
Eagle Protection Act (Eagle Act), generally where the take to be
authorized is associated with otherwise lawful activities. Second, we
are proposing regulatory provisions to provide take authorization under
the Eagle Act to ESA section 10 permittees who continue to operate in
full compliance with the terms and conditions of their existing
permits. Additionally, these proposed permit regulations would
establish permit provisions for intentional take of eagle nests in rare
cases where their location poses a risk to human safety or to the
eagles themselves.
FULL TEXT
SUMMARY: We, the U.S. Fish and Wildlife Service (the Service), are
codifying a definition of ``disturb'' under the Bald and Golden Eagle
Protection Act (Eagle Act). Given that the Eagle Act's prohibition
against disturbance applies to both bald and golden eagles, the
definition will apply to golden eagles (Aquila chrysaetos) as well as
bald eagles (Haliaeetus leucocephalus).
If the bald eagle is delisted, the Eagle Act will be the primary
law protecting bald as well as golden eagles. The Eagle Act prohibits
unregulated take of bald and golden eagles and provides a statutory
definition of ``take'' that includes ``disturb.'' Although disturbing
eagles has been prohibited by the Eagle Act since the statute's
enactment in 1940, the meaning of ``disturb'' has not been explicitly
defined by the Service or by the courts. To define ``disturb,'' we
considered Congressional intent, the common meaning of the term as
applied to the conservation intent of the Eagle Act, and the working
definitions of ``disturb'' currently used by Federal and State agencies
to manage eagles. This definition of ``disturb'' will apply to eagles
in Alaska, where the bald eagle has never been listed under the ESA, as
well as eagles throughout the 48 contiguous States. (Eagles do not
occur in Hawaii.)
In addition to this final rule, the Service is publishing three
related documents elsewhere in today's Federal Register: a notice of
availability of the final environmental assessment for the definition
of ``disturb''; a notice of availability for National Bald Eagle
Management Guidelines; and a proposed rule to codify additional take
authorizations under the Eagle Act.
FULL TEXT
SUMMARY: This rule revises the list of nonrural areas identified by the
Federal Subsistence Board (Board, we, us). Only residents of areas
identified as rural are eligible to participate in the Federal
Subsistence Management Program on Federal public lands in Alaska. We
are changing Adak's status to rural. We also are adding Prudhoe Bay to
the list of nonrural areas. The following areas continue to be
nonrural, but we are changing their boundaries: the Kenai Area; the
Wasilla/Palmer Area, including Point McKenzie; the Homer Area,
including Fritz Creek East (except Voznesenka) and the North Fork Road
area; and the Ketchikan Area. We have also added Saxman to the
Ketchikan nonrural area. We are making no other changes in status. This
final rule differs from the proposed rule relative to the Kodiak area
and Saxman: For reasons set forth below, we did not change the status
of the Kodiak area from rural to nonrural, as we had proposed, and we
included Saxman in the nonrural Ketchikan area, which we had not
proposed. Residents of those areas changing from rural to nonrural have
5 years to come into compliance with this rule.
FULL TEXT
SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service or
we) proposes to establish annual hunting regulations for certain
migratory game birds for the 2007-08 hunting season. We annually
prescribe outside limits (frameworks) within which States may select
hunting seasons. This proposed rule provides the regulatory schedule,
describes the proposed regulatory alternatives for the 2007-08 duck
hunting seasons, requests proposals from Indian tribes that wish to
establish special migratory game bird hunting regulations on Federal
Indian reservations and ceded lands, and requests proposals for the
2008 spring/summer migratory bird subsistence season in Alaska.
Migratory game bird hunting seasons provide hunting opportunities for
recreation and sustenance; aid Federal, State, and tribal governments
in the management of migratory game birds; and permit harvests at
levels compatible with migratory game bird population status and
habitat conditions.
FULL TEXT
SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is
publishing harvest regulations for migratory bird subsistence hunting
in Alaska for the 2007 season. This final rule establishes regulations
that prescribe frameworks, or outer limits, for dates when harvesting
of birds may occur, species that can be taken, and methods and means
that are excluded from use. These regulations were developed under a
Co-management process involving the Service, the Alaska Department of
Fish and Game, and Alaska Native representatives. These regulations
provide a framework to enable the continuation of customary and
traditional subsistence uses of migratory birds in Alaska.
FULL TEXT
SUMMARY: We, the Fish and Wildlife Service (Service), publish this
notice to list programs or portions of our programs that are eligible
for inclusion in Fiscal Year 2007 funding agreements with self-
governance tribes, and to list programmatic targets pursuant to section
405(c)(4) of the Tribal Self-Governance Act.
FULL TEXT
SUMMARY: Notice is hereby given in accordance with provisions of the
Native American Graves Protection and Repatriation Act (NAGPRA) of the
availability of the Report of Findings on a feathered headdress in the
possession of the U.S. Fish and Wildlife Service (Service) and in the
control of the Department of the Interior (DOI). This notice is given
so that the Service may continue to fulfill its obligations under
NAGPRA by distributing its findings for review by all interested
parties. Copies of this report have already been provided to the
requesting Tribes.
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