Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2006-03-24 · Fish and Wildlife Service, Interior · Notices

Notices. Notice of availability

2,875 words·~13 min read·/register/2006/03/24/06-2599·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4310-RE-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of Draft Comprehensive Conservation Plan for Kirwin National Wildlife Refuge, Kirwin, KS AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: The U.S. Fish and Wildlife Service (Service) announces that a Draft Comprehensive Conservation Plan
(CCP)and Environmental Assessment
(EA)for Kirwin National Wildlife Refuge
(NWR)is available. This CCP, prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997 (Improvement Act) and the National Environmental Policy Act of 1969, describes how the Service intends to manage this Refuge for the next 15 years. DATES: Written comments must be received at the postal or electronic address listed below on or before April 24, 2006. ADDRESSES: Please provide written comments to Toni Griffin, Planning Team Leader, Division of Refuge Planning, Branch of Comprehensive Conservation Planning, Mountain-Prairie Region, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225-0486, or electronically to *toni_griffin@fws.gov* . A copy of the Draft CCP/EA may be obtained by writing to the U.S. Fish and Wildlife Service, 134 Union Blvd., Suite 300, Lakewood, Colorado 80228-1807; or download from *http://mountain-prairie.fws.gov/planning* . FOR FURTHER INFORMATION CONTACT: Craig Mowry, Refuge Manager, U.S. Fish and Wildlife Service, Kirwin National Wildlife Refuge, 702 East Xavier Road, Kirwin, Kansas 67644; telephone: 785-543-6673; fax: 785-543-5464; or e-mail: *craig_mowry@fws.gov* . SUPPLEMENTARY INFORMATION: Consisting of 10,778 acres, Kirwin NWR was established in 1954 as an overlay Refuge on a U.S. Bureau of Reclamation (Reclamation) irrigation and flood control reservoir. Reclamation owns the land and controls reservoir water levels. The Service staff manage all other activities on the land and water. The purpose of the Refuge is for the “* * * conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon * * *” 16 U.S.C. 715d (Fish and Wildlife Coordination Act), with an emphasis on migratory birds. This Draft CCP/EA identifies and evaluates two alternatives for managing Kirwin NWR for the next 15 years. Alternative A, the No Action Alternative, proposes continuation of current management of the Refuge. The Refuge will continue to be managed in accordance with the current Memorandum of Agreement
(MOA)between Reclamation and the Service; the Cooperative Agreement with the Kansas Department of Wildlife and Parks (KDWP); and the Kirwin Comprehensive Management Plan (CMP), completed in 1996. Alternative B (Proposed Action) emphasizes wildlife, habitat, and wildlife-dependent public use. This alternative fully strives to implement the Improvement Act, which directs that each refuge shall be managed to fulfill both the mission of the National Wildlife Refuge System and the individual purpose of the refuge. Under this alternative, management emphasis will be placed on wildlife and habitat management for migratory birds and species of conservation concern. Wildlife-dependent recreation uses ( *i.e.* , hunting, fishing, wildlife observation, photography, interpretation, and environmental education) will be promoted and emphasized. Non-wildlife-dependent uses such as water skiing, jet skiing, personal watercrafts, camping, swimming, horseback riding, campfires, volleyball, basketball, power/speed boating, and fishing tournaments would be discontinued. The Proposed Action was selected because it best meets the purpose and goals of Kirwin NWR, as well as the mission of the National Wildlife Refuge System. The Proposed Action will improve Refuge habitat to benefit migrating waterfowl, neotropical migrants, shore birds, and federally listed species. Habitat improvements will enhance the quality of wildlife-dependent public use programs by attracting more wildlife to the area. Additional wildlife-dependent public use programs will be added where feasible. Environmental education and partnerships will result in greater support of Kirwin NWR and the National Wildlife Refuge System. Cultural and historical resources will be protected. Dated: August 12, 2006. Sharon R. Rose, Regional Director, Region 6, Denver, CO. Editorial note: This document was received at the Office of the Federal Register March 21, 2006. [FR Doc. E6-4265 Filed 3-23-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; Reopening and Widening/Expansion of a 5-Year Review of the West Indian Manatee ( Trichechus manatus ) AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for information. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the amendment of an ongoing 5-year review of the West Indian manatee ( *Trichechus manatus* ) under section 4(c)(2)(A) of the Endangered Species Act of 1973 (Act). On April 14, 2005, we initiated a 5-year review only for the Florida manatee subpecies ( *Trichechus manatus latirostris* ) of this species. We now expand the scope of this 5-year review to include the entire species. We request that the public submit any applicable information on the West Indian manatee that has become available since its original listing. Based on the results of this 5-year review, we will make the requisite determination under section 4(c)(2)(B) of the Act. DATES: To allow us adequate time to conduct this review, we must receive your information no later than June 13, 2006. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Submit information to the U.S. Fish and Wildlife Service, Jacksonville Ecological Services Office, 6620 Southpoint Drive South, Suite 310, Jacksonville, FL 32216. Information received in response to this notice and review will be available for public inspection, by appointment, during normal business hours, at the above address. Information may also be sent via e-mail to *manatee@fws.gov.* FOR FURTHER INFORMATION CONTACT: Dawn Jennings at the above address, or at 904-232-2580, ext. 114. SUPPLEMENTARY INFORMATION: We listed the Florida manatee ( *Trichechus manatus latirostris* ), a subspecies of the West Indian Manatee, as endangered in 1967 under the Endangered Species Preservation Act of 1966 (80 Stat. 926; 16 U.S.C. 668aa(c)). In 1970, we listed the West Indian manatee ( *Trichechus manatus* ) in our U.S. List of Endangered Foreign Fish and Wildlife by amending and adding names to the First List of Endangered Foreign Fish and Wildlife (Appendix A under 50 CFR Part 17. (35 FR 8491, June 2, 1970)). The earlier listing of the Florida manatee was incorporated into the listing of the West Indian manatee. The West Indian manatee is currently listed as an endangered species under the Act (16 U.S.C. 1531 *et seq.* ) and the population is further protected as a depleted stock under the Marine Mammal Protection Act (16 U.S.C. 1361-1407). Under the Act, the Service maintains a list of endangered and threatened wildlife and plant species
(List)at 50 CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of the Act requires that we conduct a review of listed species at least once every 5 years to ensure that the listing classification of a species is accurate. On the basis of such reviews under section 4(c)(2)(B), we determine whether or not the species should be removed from the List (delisted), or reclassified from endangered to threatened or from threatened to endangered. If we determine that a change in classification is not warranted, the West Indian manatee will remain on the List under its current status. Delisting a species must be supported by the best scientific and commercial data available and only considered if such data substantiates that the species is neither endangered nor threatened for one or more of the following reasons:
(1)the species is considered extinct;
(2)the species is considered to be recovered; and/or
(3)the original data available when the species was listed, or the interpretation of such data, were in error. Any change in Federal classification would require a separate rulemaking process. The regulations in 50 CFR 424.21 require that we publish a notice in the **Federal Register** announcing those species currently under active review. On April 14, 2005, (70 FR 19780), we initiated a 5-year review for the Florida manatee subspecies only. By this notice, we announce that we are amending and reopening this 5-year review to include the entire West Indian manatee subspecies. Public Solicitation of New Information To ensure that the 5-year review is complete and based on the best available scientific and commercial information, we are soliciting information from the public, concerned governmental agencies, Tribes, the scientific community, industry, environmental entities, and any other interested parties concerning the status of the manatee. The 5-year review considers the best scientific and commercial data and all new information that has become available since the listing determination or most recent status review. Categories of requested information include
(A)species biology, including but not limited to population trends, distribution, abundance, demographics, and genetics;
(B)habitat conditions, including but not limited to amount, distribution, and suitability;
(C)conservation measures that have been implemented that benefit the species;
(D)threat status and trends; and
(E)other new information, data, or corrections, including but not limited to taxonomic or nomenclatural changes, identification of erroneous information contained in the List, and improved analytical methods. Information submitted should be supported by documentation such as maps, bibliographic references, methods used to gather and analyze the data, and/or copies of any pertinent publications, reports, or letters by knowledgeable sources. If you wish to provide information for this 5-year review, you may submit your comments and materials to the U.S. Fish and Wildlife Service's Jacksonville, Florida Ecological Services Office (see ADDRESSES ). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Respondents may request that we withhold a respondent's identity, as allowable by law. If you wish us to withhold your name or address, you must state this request prominently at the beginning of your comment. We will not, however, consider anonymous comments. To the extent consistent with applicable law, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours (see ADDRESSES ). Authority This document is published under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Dated: March 2, 2006. Cynthia K. Dohner, Acting Regional Director, Southeast Region. [FR Doc. E6-4280 Filed 3-23-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-040-1320-EL, WYW160394] Notice of Availability
(NOA)of a Draft Environmental Impact Statement
(DEIS)for the Pit 14 Coal Lease-by-Application
(LBA)and Federal Coal Notice of Hearing, Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Notice of availability. SUMMARY: NOA of the DEIS for the Pit 14 Coal LBA, a maintenance lease for Federal coal in the decertified Green River-Hamms Fork Coal Production Region, Wyoming and Notice of Public Hearing. DATES: The DEIS will be available for review and comment for 60 calendar days from the date the Environmental Protection Agency
(EPA)publishes its NOA in the **Federal Register** . The Bureau of Land Management
(BLM)can best use comments and resource information if they are submitted by, or before, close of business the day of the end of the comment and review period. If you are uncertain as to what constitutes acceptable comment format or when comments are due, please contact the Project Manager or the Rock Springs Field Office at the address below. The public hearing will be held at 2 p.m. MST, on May 10, 2006, at the BLM, Rock Springs Field Office, 280 Highway 191 North, Rock Springs, Wyoming, to solicit comments on the DEIS from the public on the proposed competitive sale of the Federal coal included in the Pit 14 LBA and on the fair market value and maximum economic recovery of the Federal coal included in the tract. ADDRESSES: A copy of the DEIS was sent to affected Federal, State, and local government agencies and to interested parties. The document may also be available electronically on the following Web site: *http://www.wy.blm.gov/nepa/nepadocs.htm.* Copies of the DEIS will be available for public inspection at the following locations: • Bureau of Land Management, Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming 82003. • Bureau of Land Management, Rock Springs Field Office, 280 Highway 191 North, Rock Springs, Wyoming 82901. FOR FURTHER INFORMATION CONTACT: Teri Deakins, Project Manager, BLM Rock Springs Field Office, 280 Highway 191 North, Rock Springs, WY 82901. Requests for information may be sent electronically to: *rock springs_wymail@blm.gov* with “Attention: Pit 14 Coal Lease-by-Application DEIS Information Request” in the subject line. Ms. Deakins may also be reached at
(307)352-0211. SUPPLEMENTARY INFORMATION: Black Butte Coal Company
(BBCC)filed a lease application with BLM to access Federal coal reserves located adjacent to their existing Black Butte Mine in Sweetwater County, Wyoming. The LBA tract is located approximately 28 miles southeast of Rock Springs, Wyoming. The LBA tract is composed of the following public lands and minerals. T. 17 N., R. 101 W., 6th PM, Wyoming Sec. 2, Lots 3, 4, SW 1/4 NW 1/4 ; Sec. 4, Lots 1, 2, S 1/2 NE 1/4 , SE 1/4 NW 1/4 , NE 1/4 SW 1/4 , S 1/2 SW 1/4 , SE 1/4 ; Sec. 10, NW 1/4 , N 1/2 SW 1/4 ; T. 18 N., R. 101 W., 6th PM, Wyoming Sec. 34, E 1/2 , E 1/2 NW 1/4 , SW 1/4 . Containing 1399.48 acres, more or less. BBCC estimates approximately 34.6 million tons of in-place coal reserves are present in the Upper Cretaceous Almond Formation within the project area. The project area contains the LBA tract and privately held lands and minerals. BLM will evaluate the volume and average quality of the coal reserves in the LBA portion of the project area as part of the fair market value determination process. The BLM published its Notice of Intent to prepare an EIS for the Pit 14 Coal Lease-by-Application (Federal Coal Lease Application WYW160394) in the **Federal Register** on January 7, 2005. Based upon issues and concerns identified during scoping and during the development of National Environmental Policy Act
(NEPA)analysis, the Pit 14 Coal Lease-by-Application DEIS focuses on individual and cumulative impacts to air quality, biological and physical resources, transportation, and socio-economics factors. In compliance with Section 7(c), of the Endangered Species Act, as amended, the DEIS includes a discussion of endangered or threatened species which may be affected by the Proposed Action. Formal consultation with U.S. Fish and Wildlife Service was initiated for Colorado River fish species on November 10, 2005. This DEIS assesses the effects of implementing the proposed action which is the leasing of the coal reserves in the LBA tract as a maintenance tract to the existing Black Butte Mine. The Pit 14 Coal LBA DEIS analyzes two alternatives in detail: 1. Proposed Action. The alternative as proposed by BBCC analyses the impacts of leasing Federal coal and the impacts associated with surface mining. 2. No Action Alternative. This alternative would deny the coal lease as proposed. Agency Preferred Alternative BLM's preferred alternative is the Proposed Action. The Proposed Action is in conformance with the Green River Resource Management Plan. The Black Butte Coal Mine started operations in the late 1970s and continues to operate today. Existing production is slowing because existing privately held and federally leased coal reserves are too deep to be economically recovered by conventional surface mining methods (draglines). As a result, additional mineable coal reserves are needed to meet production requirements of the company's customers including the Jim Bridger Power Plant to meet the growing regional demand for electricity. How to Submit Comments Comments must be submitted using one of the following methods: 1. Comments may be electronically mailed to *rock springs_wymail@blm.gov* with “Attention: Pit 14 Coal Lease-by-Application” in the subject line, and avoiding the use of special characters or any form of encryption. If you do not receive a confirmation from our system that your comment has been received, please contact Teri Deakins, Project Manager, Rock Springs Field Office,
(307)352-0211; 2. Written comments may be mailed directly or delivered to the BLM at: Project Manager, Pit 14 Coal LBA, Bureau of Land Management Rock Springs Field Office, 280 Highway 191 North, Rock Springs, WY 82901; 3. Comments may be sent via telefax to the BLM, Attn: Teri Deakins, at
(307)352-0328. 4. Comments may be given at the public hearing to be held at 2 p.m. MST, on May 10, 2006, at the BLM, Rock Springs Field Office, 280 Highway 191 North, Rock Springs, Wyoming. To be given consideration by BLM, all DEIS comments must include the commenter's name and street address. BLM's practice is to make all comments, including the names and street addresses of each respondent, available for public review at the BLM office listed above during business hours (7:45 a.m. to 4:30 p.m.), Monday through Friday, except for Federal holidays. Your comments may be published as part of the EIS process. Individual respondents may request confidentiality. If you wish to withhold your name or street address or both from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comments. Such requests will be honored to the extent allowed by law. BLM will not consider anonymous comments. All submissions from organizations or businesses will be made available for public inspection in their entirety. Dated: January 13, 2006. Robert A. Bennett, State Director. [FR Doc. 06-2599 Filed 3-23-06; 8:45 am]
Connectionstraces to 3
5 references not yet in our index
  • 16 USC 668aa(c)
  • 50 CFR 17
  • 16 USC 1361-1407
  • 50 CFR 17.11
  • 50 CFR 424.21
Citation graph
cites case law
Notices
Notice of availability
Cite16 USC 668aa(c)
Cite50 CFR 17
Cite16 USC 1361-1407
Cite50 CFR 17.11
Cite50 CFR 424.21
Cites 8Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.