Administrative

Under this final rule, the FWS has designated critical habitat for the Santa Ana Sucker, in 3 noncontiguous populations in The lower and middle Santa Ana River in San Bernardino, Riverside, and Orange counties; the East, West, and North Forks of the San Gabriel River in Los Angeles County; and lower Big Tujunga Creek, a tributary of the Los Angeles River in Los Angeles County. We have identified 23,719 acres (ac) (9,599 hectares (ha)) of aquatic and riparian habitats essential to the conservation of the Santa Ana sucker.

The U.S. Fish and Wildlife Service (Service) has determined that the classification of the Tibetan antelope (Pantholops hodgsonii) as endangered throughout its range is warranted, pursuant to the Endangered Species Act of 1973, as amended (Act, 16 U.S.C. 1531 et seq.). The best available information indicates that the total population of Tibetan antelope has declined drastically over the past three decades such that it is in danger of extinction throughout all or a significant portion of its range. This decline has resulted primarily from overutilization for commercial purposes and the inadequacy of existing regulatory mechanisms.

The U.S. Fish and Wildlife Service (Service or we) hereby changes the classification of the gray wolf (Canis lupus) under the Endangered Species Act of 1973, as amended (Act). We establish three distinct population segments (DPS) for the gray wolf in the conterminous United States. Gray wolves in the Western DPS and the Eastern DPS are reclassified from endangered to threatened, except where already classified as threatened or as an experimental population. Gray wolves in the Southwestern DPS retain their previous endangered or experimental population status. All three existing gray wolf experimental population designations are retained and are not affected by this rule. Gray wolves are removed from the protections of the Act in all or parts of 16 southern and eastern States where the species historically did not occur. We establish a new special regulation under section 4(d) of the Act for the threatened Western DPS to increase our ability to respond to wolf-human conflicts outside the two experimental population areas in the Western DPS. A second section 4(d) special regulation applies provisions similar to those previously in effect in Minnesota to most of the Eastern DPS. We find that these special rules are necessary and advisable to provide for the conservation of the Western DPS and the Eastern DPS. The classification, under the Act, of captive gray wolves is determined by the location from which they, or their ancestors, were removed from the wild. This final rule does not affect the protection currently afforded by the Act to the red wolf (Canis rufus), a separate species found in the southeastern United States that is listed as endangered.

[Regulation removed 2010. Summary of former text provided.] This provision describes the mandatory criteria for establishing the existence of an American Indian tribe for purposes of recognition by the federal government.  These criteria implicate federal status for purposes of acquiring eagle parts for use in Indian religious ceremonies under the BGEPA.

Because of conflicts between preservation of golden eagle nests and resource development or recovery operations, particularly surface coal mining activities in the western States, Congress amended the Eagle Protection Act to authorize the Secretary of the Interior to issue regulations that permit the taking of golden eagle nests found on the site of those operations under certain circumstances. Under that authority, the Service amends its regulations under the Eagle Protection Act to permit the taking (i.e., collection, molestation, disturbance, or destruction) of golden eagle nests during resource development or recovery operations when the nests are inactive if the taking is compatible with the preservation of the area nesting population of golden eagles. Little or no long-term impact on area nesting populations of golden eagles is expected as a result of this action.

This notice advises the public of the Fish and Wildlife Service's development of a golden eagle management plan and invites public comment. The plan is needed to : (1) identify golden eagle needs; and (2) guide Service management and research efforts for golden eagles. The intended effect of the plan is to protect and conserve golden eagle populations while facilitating balanced development of the Nation's natural resources and the resolution of eagle/man conflicts.

The U.S. Fish and Wildlife Service (Service) is reviewing the status of the bald eagle (Haliaeetus leucocephalus) in preparation of a proposal to either reclassify or delist the species. Since 1978 when the species was listed throughout its range in the conterminous States, the bald eagle has increased in several important population parameters including the number of nesting pairs and production of young. The Service has approved five regional recovery plans for the bald eagle that collectively encompass the entire conterminous 48 States. The current population data indicate that the bald eagle has met the goals for reclassification from endangered to threatened in four of these five recovery plans. The Service is currently reviewing past and present bald eagle population survey data and other information to ascertain what listing action may be appropriate for the species. The Service seeks data and comments from the public on this notice and is requesting information on environmental and other impacts that would result from a proposal to either reclassify, downlist, or delist all or specific populations of the bald eagle.

The U.S. Fish and Wildlife Service (Service) is reopening the comment period on the bald eagle reclassification proposal for thirty days. On July 12, 1994, the Service proposed reclassifying the bald eagles of the lower 48 States as threatened, except those already listed as threatened and those of the Southwestern Recovery Region and Mexico. The bald eagles of the Southwestern Recovery Region were proposed to remain listed as endangered. The Service also proposed classifying bald eagles in Mexico as endangered; they are not currently listed as endangered or threatened. Specific public comment was solicited on the status of bald eagles in the Southwest and Mexico and the distinctness of those eagles as a separate population.

New information indicates that the Southwestern and Mexican bald eagles may not warrant a classification as endangered. The Service is making available for public review and comment information recently received about bald eagles of the Southwestern Recovery Region.

The Fish and Wildlife Service reclassifies under the Endangered Species Act of 1973 (Act), as amended, the bald eagle (Haliaeetus leucocephalus) from endangered to threatened in the lower 48 States. The bald eagle remains classified as threatened in Michigan, Minnesota, Wisconsin, Oregon, and Washington where it is currently listed as threatened. The special rule for threatened bald eagles is revised to include all lower 48 States. This action will not alter those conservation measures already in force to protect the species and its habitats. The bald eagle also occurs in Alaska and Canada, where it is not at risk and is not protected under the Act. Bald eagles of Mexico are not listed at this time due to a recently enacted moratorium on listing additional taxa as threatened or endangered.

This excerpt is from the Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout, 69 FR 59996-01, 2004 WL 2232024 (F.R.).  It apparently expresses the opinion of the U.S. Fish & Wildlife Service that the current process for designating critical habitat does little for the conservation of listed species.

This final rule is a collaborative effort between the FWS and the states of Tennessee and Alabama and Conservation Fisheries, Inc. to reintroduce the boulder darter ( Etheostoma wapiti ) , an endangered fish, and the spotfin chub ( Cyprinella (= Hybopsis ) monacha ) , a threatened fish to its historical habitat in Lauderdale County Alabama and Lawrence County, Tennessee.   This rule provides for Non-essential Experimental Populations (NEP) within the designated area and it establishes limited allowable legal takings in that area.   Additionally, this rule also changes the scientific name of the spotfin chub from Cyprinella (= Hybopsis ) monacha to Erimonax monachus , to reflect a recent change in the scientific literature.

This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout.   The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes.   The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order.

This rule is a correction to a previous final rule designating critical habitat for the Topeka Shiner ( Notropis Topeka ), published in the Federal Register on July, 24, 2004 (69 FR 44736).   In the previous final rule, the FWS designated as critical habitat 1,356 kilometers of stream in Iowa, Minnesota, and Nebraska.   They excluded from designation all previously proposed critical habitat in Kansas, Missouri, and South Dakota, and excluded the Fort Riley Military Installation in Kansas from critical habitat designation .

The purpose of this depredation order is to help reduce depredation of aquacultural stock by double-crested cormorants at private fish farms and State and Federal fish hatcheries.