Vol. 77 Thursday, No. 46 March 8, 2012

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Northern Spotted Owl; Proposed Rule

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DEPARTMENT OF THE INTERIOR economic, as required by the Act) and Management; U.S. Fish and Wildlife the public comment process. In Service; 4401 N. Fairfax Drive, MS Fish and Wildlife Service particular, we solicit comments from the 2042–PDM; Arlington, VA 22203. public on the physical and biological We will post all comments on 50 CFR Part 17 features currently identified in this http://www.regulations.gov. This [FWS–R1–ES–2011–0112; 4500030114] proposal as being essential for the generally means that we will post any conservation of the species, whether all personal information you provide us RIN 1018–AX69 of the areas identified meet the (see the Public Comments section below definition of critical habitat, whether for more information). Endangered and Threatened Wildlife other areas would meet that definition, FOR FURTHER INFORMATION CONTACT: Paul and Plants; Revised Critical Habitat for whether to make the specific exclusions Henson, Field Supervisor, U.S. Fish and the Northern Spotted Owl we have proposed, and whether there Wildlife Service, Oregon Fish and AGENCY: Fish and Wildlife Service, are other areas that are appropriate for Wildlife Office, 2600 SE 98th Ave, Suite Interior. exclusion. 100, Portland, Oregon 97266; telephone ACTION: Proposed rule. DATES: We will accept comments 503–231–6179; facsimile 503–231–6195. received or postmarked on or before If you use a telecommunications device SUMMARY: The U.S. Fish and Wildlife June 6, 2012. Please note that if you are for the deaf (TDD), call the Federal Service (Service) proposes to revise the submitting comments electronically, the Information Relay Service (FIRS) at designated critical habitat for the deadline is midnight Eastern Standard 800–877–8339. northern spotted owl (Strix occidentalis Time on this date. We must receive SUPPLEMENTARY INFORMATION: caurina) under the Endangered Species requests for public hearings, in writing, Act of 1973, as amended (Act). at the address shown in the FOR FURTHER Executive Summary Consistent with the best scientific data INFORMATION CONTACT section by April The purpose of this proposed revised available, the standards of the Act, our 23, 2012. At this time we are critical habitat designation is: (1) To regulations, and agency practice, we anticipating holding a total of at least identify those geographic areas have initially identified, for public three public information meetings, one occupied at the time of listing that comment, approximately 13,962,449 each in the States of California, Oregon, contain the physical or biological acres (ac) (5,649,660 hectares (ha)) in 11 and Washington, on this proposed rule. features essential to the conservation of units and 63 subunits in California, The dates and times of these meetings the spotted owl; (2) to determine Oregon, and Washington that meet the will be announced concurrent with the whether these features may require definition of critical habitat. In addition, notice of availability of the draft special management considerations or however, the Act provides the Secretary economic analysis on this proposed protection and provide general with the discretion to exclude certain revised designation of critical habitat information on the types of management areas from the final designation after and reopening of the public comment that may be appropriate consistent with taking into consideration economic period. Public information meetings the conservation of the owl; and (3) to impacts, impacts on national security, allow the public the opportunity to identify any areas that may have been and any other relevant impacts of learn and ask questions about the unoccupied at the time of listing, but specifying any particular area as critical proposed critical habitat designation, as that are nonetheless essential to the habitat. We have identified and are well as the draft economic analysis. An conservation and recovery of the owl. considering a number of specific information meeting is not the same as This proposed revised designation of alternatives in this proposed rulemaking a public hearing, which allows the critical habitat identifies all of the areas based on potential exclusions from the public to submit comments for the that we have initially determined meet final rule. First, of the total area official record, but generally does not the definition of critical habitat for the identified, we propose to exclude from provide for the exchange of information northern spotted owl. Federal lands the final designation approximately between the public and representatives comprise the strong majority of the area, 2,631,736 ac (1,065,026 ha) of National of the agency. Comments may always be but some State and private lands are Park lands, Federal Wilderness Areas, submitted, however, either also identified. and other Congressionally reserved electronically or by mail (see Under section 7(a)(2) of the Act, natural areas, as well as 164,776 ac ADDRESSES) during any open public Federal agencies must, in consultation (66,682 ha) of State Park lands. Second, comment period. with and with the assistance of the we propose to exclude from a final ADDRESSES: You may submit comments Service, ensure that any action designation approximately 936,816 ac by one of the following methods: authorized, funded or carried out by (379,116 ha) of State and private lands (1) Electronically: Go to the Federal that Federal agency is not likely to that have a Habitat Conservation Plan, eRulemaking Portal: http:// jeopardize the continued existence of a Safe Harbor Agreement, conservation www.regulations.gov. In the Keyword listed species (this is referred to as the easement, or similar conservation box, enter Docket No. FWS–R1–ES– ‘‘jeopardy standard’’). Once finalized, protection. And third, we are 2011–0112, which is the docket number the effect of designation of critical considering exclusion of an additional for this rulemaking. Then, in the Search habitat for a listed species is to require 838,344 ac (339,266 ha) of other non- panel on the left side of the screen, that Federal agencies additionally Federal lands from the final designation. under the Document Type heading, ensure that their actions are not likely These specific alternatives will be click on the Proposed Rules link to to result in the destruction or adverse considered on an individual basis or in locate this document. You may submit modification of that critical habitat. In any combination thereof. In addition, a comment by clicking on ‘‘Send a areas where northern spotted owls the final designation may not be limited Comment or Submission.’’ occur, including areas identified as to these alternatives, but may also (2) By hard copy: Submit by U.S. mail meeting the definition of critical habitat consider other exclusions as a result of or hand-delivery to: Public Comments in this proposed rule, Federal agencies continuing analysis of relevant Processing, Attn: FWS–R1–ES–2011– such as the U.S. Forest Service and considerations (both scientific and 0112; Division of Policy and Directives Bureau of Land Management are already

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consulting with the Service on the designation process, in which the Overview of Northern Spotted Owl potential effects of their proposed Secretary may consider particular areas Critical Habitat actions under the ‘‘jeopardy standard,’’ for exclusion from the final designation. The northern spotted owl (also regardless of whether these lands are In this proposed rule, we have already variously referred to as simply ‘‘spotted currently designated as critical habitat. identified 4,571,672 ac (1,850,090 ha) of owl’’ or ‘‘owl’’ in this document) was Aside from this requirement specific to lands that we will specifically consider originally listed as threatened under the Federal agencies, critical habitat for exclusion from the final designation Act because of loss of its older growth designations do not provide additional of critical habitat. forest habitat and a declining regulatory protection for a species on The final designation may reflect a population (55 FR 26114, June 26, non-Federal lands, unless the proposed variety of possible combinations of 1990). More recently, competition with activities involve Federal funding or exclusions. The public is invited to barred owls (Strix varia) has emerged as permitting. In other words, designation comment on the possible exclusion of a significant additional threat to spotted of private or other non-Federal lands as any areas proposed, but in particular owl conservation. Experimental critical habitat has no direct regulatory those areas we have identified as those management of the barred owl threat is impact unless there is such a Federal we propose to exclude and those we being addressed through a separate connection. Although we anticipate that may additionally consider for exclusion decision making process, as discussed the effects on private landowners would from the final designation of critical further below. not be significant, we acknowledge that habitat. After evaluating public One requirement of the Act, under there may be significant benefits to comment and carefully analyzing and section 7(a)(2), is that Federal agencies excluding private lands; we particularly weighing all appropriate factors, a must, in consultation with and with the request comments on whether and to variety of potential outcomes are assistance of the Service, ensure that what extent excluding such lands would possible in the final designation. any action authorized, funded or carried be consistent with the Act. This proposed revised critical habitat out by that Federal agency is not likely While we have initially identified designation includes a diverse forest 13,962,449 ac (5,649,660 ha) of lands in to jeopardize the continued existence of landscape that contains several different the States of Washington, Oregon, and a listed species (this is referred to as the forest ecosystems and thousands of California that meet the definition of ‘‘jeopardy standard’’). Once finalized, plant and animal species. Consistent critical habitat for the northern spotted the effect of designation of critical with the best available science and the owl, it is important to emphasize that habitat for a listed species is to add an for several reasons, the number of acres adaptive management principles independent requirement that Federal actually included in the final outlined in the Revised Recovery Plan agencies ensure that their actions are designation may vary significantly from for the Northern Spotted Owl, we not likely to result in the destruction or what is in this proposed revised strongly encourage the application of adverse modification of that critical designation. First, our conclusions as to ecosystem management principles and habitat. Thus, in areas where northern what areas meet the Act’s definition of active forest management to ensure the spotted owls occur, including most ‘‘critical habitat’’ may change based on long-term conservation of the northern areas included in this proposed rule, public comment and further analysis. spotted owl and its habitat, as well as Federal agencies such as the U.S. Forest Second, we may determine that military other species dependent on these shared Service (USFS) and Bureau of Land lands proposed for designation may ecosystems. While proposed Federal Management (BLM) are already qualify for an exemption from actions must comply with requirements consulting with the Service on the designation pursuant to section of the Act, actions with some short-term potential effects of their proposed 4(a)(3)(B)(i) of the Act. Third, the adverse impacts to spotted owls and actions under the ‘‘jeopardy standard,’’ Secretary may exclude certain areas critical habitat, but whose effect is to regardless of whether these lands are from the final designation based on a conserve or restore natural ecological currently designated as critical habitat. thorough balancing analysis, including processes and enhance forest resilience Aside from this requirement specific to consideration of economic impacts, in the long term, should generally be Federal agencies, critical habitat pursuant to section 4(b)(2) of the Act. In consistent with the goals of critical designations do not provide additional all cases, and without prejudging the habitat management. These management regulatory protection for a species on consideration of further analysis and approaches are intended to be non-Federal lands, unless the activities public comments, we anticipate a final consistent with the principles of proposed involve Federal funding or designation that may be significantly Executive Order 13563, which, as noted, permitting. In other words, designation smaller than the area currently directs agencies to consider regulatory of private or other non-Federal lands as identified. approaches that reduce burdens and critical habitat has no direct regulatory The Act provides that critical habitat maintain flexibility and freedom of impact on the use of that land unless shall be designated after taking into choice for the public. E.O. 13563 also there is such a Federal connection. consideration the economic impact, the further emphasizes that the rulemaking Identifying non-Federal lands that are impact on national security, and any process must allow for public essential to the conservation of a species other relevant impact of specifying any participation and an open exchange of may nonetheless be relevant, in that it particular area as critical habitat. ideas. To the extent feasible and alerts State and local government Section 4(b)(2) of the Act provides that consistent with law, the Service will agencies and private landowners to the the Secretary may exclude any area from seek to ensure that the process of value of the habitat, and may help critical habitat if he determines that the designating critical habitat for the facilitate voluntary conservation benefits of excluding that area outweigh Northern Spotted Owl will be based on partnerships such as Safe Harbor the benefits of including it in the the open exchange of information and Agreements and Habitat Conservation designation, unless such an exclusion perspectives among State, local, and Plans that may contribute to the would result in the extinction of the tribal officials, experts in relevant recovery and delisting of the species. species. This ‘‘weighing’’ of disciplines, affected stakeholders in the To comply with the statutory considerations under section 4(b)(2) of private sector, and the public as a requirements of the Act, we begin by the Act is the next step in the whole. identifying the areas that meet the

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definition of ‘‘critical habitat.’’ Notably, physical and biological features that northern spotted owl and its habitat, as however, section 4 of the Act also form the foundation of critical habitat. well as other species dependent on requires us to consider the economic A complex interaction of physical and these shared ecosystems. impacts, impacts on national security, biological factors contribute to the Another important development that and other relevant impacts of specifying development and maintenance of these would inform spotted owl critical any particular areas as critical habitat ecosystems, which in turn provide the habitat management involves changes in before we make our final designation. northern spotted owl with the forestry science. Emulating natural This process is summarized below in environmental conditions required for disturbance regimes is emerging as a the section An Introductory Background its conservation and survival. A dominant paradigm in North American of the Critical Habitat Process, and is fundamental goal of critical habitat forest management (Seymour and detailed in the Exclusions section of this management should thus be to Hunter 1999, p. 56; Long 2009, p. 1868). document. understand, describe, and conserve This change is occurring in response to In general, we recommend that these processes. This ‘‘ecosystem (1) the simplification of forests in terms critical habitat for the northern spotted approach’’ of management will of structure, age-class diversity, and owl should follow these basic ultimately have the highest likelihood of species composition as a result of management recommendations (detailed conserving listed species such as the management for timber production and further in the Revised Recovery Plan for northern spotted owl in the long term (2) a recognition of fundamental the Northern Spotted Owl, USFWS (Knight 1998, p. 43). changes in ecosystem function and 2011; hereafter ‘‘Revised Recovery Service policy also endorses this processes due to land management Plan’’): approach: ‘‘Species will be conserved practices, especially fire and 1. Conserve the older growth, high best not by a species-by-species successional patterns (Franklin et al. quality and occupied forest habitat as approach but by an ecosystem 2002, pp. 402–408; Hessburg et al. 2005, necessary to meet recovery goals. conservation strategy that transcends pp. 134–135; Drever et al. 2006, p. 2. Implement science-based, active individual species’’ (59 FR 34724, July 2291). Although active vegetation vegetation management to restore forest 1, 1994). The Service considers this management is unlikely to precisely health, especially in drier forests in the ecosystem approach in critical habitat mimic natural forest disturbance in all eastern and southern portions of the designations for other listed species ways, it can be used to better maintain owl’s range. (e.g., in Hawaii (75 FR 18960, April 13, the resilience of landscapes and wildlife 3. Encourage landscape-level 2010; 76 FR 46362, August 2, 2011)). populations to respond to natural planning and vegetation management Likewise, the U.S. Forest Service, which disturbance and climate change that allow historical ecological manages the great majority of the (Lindenmayer et al. 2008, p. 87). In processes, such as characteristic fire proposed revised areas initially meeting general, silviculture prescriptions that regimes and natural forest succession, to the definition of northern spotted owl apply ecological forestry principles to occur on these landscapes throughout critical habitat, has prioritized restoring address the conservation of broader the range of the owl. This approach has and maintaining natural ecological ecological processes are compatible the best chance of resulting in forests function and resiliency to its forest with maintaining the proposed critical that are resilient to future changes that lands (Blate et al. 2009, entire; USDA habitat’s essential features in the long may arise due to climate change. 2010, entire; Tidwell 2011, entire). term (USFWS 2011, p. III–14). These general recommendations are Active management of critical habitat is Explicitly prescribing such consistent with the underlying purpose intended to be fully compatible and management at a fine scale (e.g., forest of the Act. Section 2(b) of the Act states, consistent with these landscape-level stand level) is beyond the scope of this in part: ‘‘The purposes of this Act are to ecosystem conservation efforts. document and should be developed at provide a means whereby the This proposed revised critical habitat the appropriate land management unit ecosystems upon which endangered designation includes a diverse forest (e.g., National Forest or BLM District; species and threatened species depend landscape that contains several different USDA 2010, entire) and through may be conserved.’’ A fundamental goal forest ecosystems and thousands of consultation with the Service, as of critical habitat management is not plant and animal species. It ranges from appropriate. While proposed Federal only to conserve the listed species, but dry, fire-prone forests to moist old- actions must comply with requirements also to conserve the ecosystem upon growth conifer forest to a mix of conifers of section 7 of the Act, which requires which that species depends. This is the and hardwood trees. Thousands of consideration of short as well as long- case with the northern spotted owl. species occur in these forest ecosystems, term impacts to species and their An ‘‘ecosystem’’ is a biological including other listed species with very critical habitat, as described below and community of interacting organisms and specific biological needs. Prescribed in the Revised Recovery Plan, their physical environment, or as the management for all of these needs at the management actions with some short complex of a community of organisms species level on large landscapes will term adverse impacts to spotted owls and its environment functioning as an raise a number of challenges (Thompson and critical habitat, but whose effect is ecological unit (Krebs 1972, pp. 10–11; et al. 2009, p. 29). Many scientists to conserve or restore natural ecological Ricklefs 1979, pp. 31–32, 869). These believe a single-species approach to processes and enhance forest resilience ecosystem interactions and functions forest management is limited and that in the long term, should generally be are often referred to as ecological land managers need to focus on broader consistent with the goals of critical ‘‘relationships’’ or ‘‘processes.’’ Thus, to landscape goals that address ecosystem habitat management (USFWS 2011, p. conserve the northern spotted owl as process and future habitat conditions III 11–39). The Service has recently directed by the Act, one must also (see, e.g., Thomas et al. 2006, p. 286; approved these types of management conserve the ecological processes that Boyd et al. 2008, p. 42; Hobbs et al. actions in occupied spotted owl habitat occur within the ecological landscape 2010, p. 487; Mori 2011, pp. 289–290). on BLM and USFS lands. inhabited by the species. These natural We strongly encourage the application Specific considerations for managing processes—such as vegetation of ecosystem management principles within spotted owl critical habitat are succession, forest fire regimes, and and active forest management to ensure discussed in more detail in the Special nutrient cycling—create and shape the the long-term conservation of the Management Considerations and

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Adverse Modification sections later in geographical area occupied by the long-term benefits by creating higher this document. In sum, vegetation and species at the time it is listed, on which quality habitat. These activities and fuels management in dry and mixed-dry are found those physical or biological possible effects are discussed below in forests is strongly encouraged both features that are essential to the more detail (see Effects of Critical within and outside designated critical conservation of the listed species and Habitat Designation, Section 7 habitat where the effect of such which may require special management Consultation). As described in this treatment is to conserve natural considerations or protection, and (2) proposed rule, we anticipate that, in ecological processes or restore them specific areas outside the geographical general, actions that promote ecological (including fire) where they have been area occupied by the species at the time restoration and those that apply modified or suppressed (Allen et al. it is listed that are essential for the ecological forestry principles as 2002, pp. 1429–1430; Spies et al. 2006, conservation of a listed species. Our described in the Revised Recovery Plan pp. 358–361; Fielder et al. 2007, entire; regulations direct us to focus on the (USFWS 2011, pp. III–11 to III–41) and Prather et al. 2008, entire; Lindenmayer ‘‘primary constituent elements,’’ or later in this document are likely to be et al. 2009, p. 274; Tidwell 2011, entire). PCEs, in identifying these physical or consistent with the conservation of the Likewise, in moist and some mixed biological features. northern spotted owl and the forests, management of spotted owl As part of our rulemaking process, we management of its critical habitat. critical habitat should be compatible identify what types of activities on Any proposed designation of critical with broader ecological goals, such as Federal lands, or what activities habitat begins with the identification of the retention of high-quality older involving a Federal nexus, may be all specific areas that contain the forest, the continued treatment of young affected within the proposed critical physical or biological features essential or homogenous forest plantations, and habitat area and would require to the conservation of the species and the conservation or restoration of consultation under section 7(a)(2) of the which may require special management complex early seral forest habitat (Spies Act. Although we are in the process of considerations or protection (this et al. 2007b, pp. 57–63; Betts et al. 2010, developing an economic analysis applies to areas occupied at the time of pp. 2117, 2126–2127; Swanson et al. specific to this proposed revision of listing), and all areas that the Secretary 2010, entire). In general, actions that critical habitat, the economic analysis has otherwise determined to be essential promote ecological restoration and those for the 2008 designation of critical to the conservation of the species (this that apply ecological forestry principles habitat for the northern spotted owl may applies to areas unoccupied by the as described in the Revised Recovery be informative in terms of providing the species at the time of listing). The initial Plan (USFWS 2011, pp. III–11 to III–41) categories of activities identified as identification of these lands is based on and later in this document are likely to those that may be affected within the best available scientific information. be consistent with the conservation of critical habitat. For the 2008 critical After we have identified the lands that the northern spotted owl and the habitat, those initially included: (1) meet the definition of ‘‘critical habitat,’’ management of its critical habitat. Timber management, (2) barred owl we consider the potential economic, In conclusion, the designation and management and control, (3) northern national security, or other relevant management of critical habitat for the spotted owl surveys and monitoring, (4) impacts of the designation. Under spotted owl must be compatible with fire management, (5) linear projects (i.e., section 4(b)(2) of the Act, we may these broader landscape management transportation, pipelines, and identify any lands for which we believe goals if it is to conserve the spotted owl powerlines), (6) restoration, and (7) the benefits of exclusion may outweigh as required by the Act. It is therefore recreation. However, the effects on fire the benefits of inclusion, and solicit important to emphasize that spotted owl management, linear projects, public comment on our consideration of critical habitat should not be a ‘‘hands restoration, and recreation were found those particular lands for exclusion or off’’ reserve in the traditional sense. to range from minimal to none. As a exemption from the final designation, as Rather, it should be a ‘‘hands on’’ consequence, the 2008 economic we have done in this proposed rule. ecosystem management landscape that analysis concluded that there were four In addition, section 4(a)(3)(B)(i) of the should include a mix of active and categories of potential impacts from Act species that the Secretary shall not passive actions to meet a variety of critical habitat for the northern spotted designate any lands as critical habitat forest conservation goals that support owl: (1) Impacts to timber management; owned or controlled by the Department long-term spotted owl conservation. It (2) impacts to survey and monitoring of Defense, or designated for its use, that would be inconsistent with the stated activities; (3) impacts to barred owl are subject to an integrated natural purposes of the Act, the Revised management; and (4) costs related to resources management plan (INRMP) if Recovery Plan (USFWS 2011), and the consultations under section 7 of the Act. the Secretary determines in writing that goals of the Northwest Forest Plan Some specific examples of timber such plan provides a benefit to the (NWFP) if spotted owl critical habitat management and commercial timber species for which critical habitat is was narrowly managed and, in so doing, harvesting activities that may be proposed for designation. Such lands discouraged land managers from affected by the designation of critical may be exempted from the designation implementing scientifically justified habitat include, but are not limited to: of critical habitat, which is a separate measures for conserving forest Traditional clearcutting; targeted process from the exclusion of lands ecosystem functions and health. variable retention harvest; pre- under section 4(b)(2) of the Act. commercial or commercial thinning; An Introductory Background of the variable thinning in single-story, The Critical Habitat Process for the Critical Habitat Process uniform forest stands; reduction of fuels Proposed Revised Designation of Critical Section 4(a)(3) of the Act specifies in order to reduce the effect of wildfires; Habitat for the Northern Spotted Owl that the Service shall designate critical hazard tree removal; removal of For this proposed revised designation habitat for endangered or threatened younger, shade-intolerant conifers to of critical habitat for the northern species and may, from time-time reduce competition with larger, legacy spotted owl, we used the integrated thereafter as appropriate, revise such conifers; and silvicultural treatments. habitat conservation planning designation. Critical habitat is defined Some of these activities may have short- framework developed in the Revised as (1) specific areas within the term negative impacts to the owl, but Recovery Plan for the Northern Spotted

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Owl (USFWS 2011, Appendix C) as one increase slightly. In others, we used physical or biological features needed key source of information. This encounter rates that were less than by the northern spotted owl, and the framework integrates a spotted owl current levels, but at levels we believed distribution of those features across the habitat model, a habitat conservation could potentially be maintained through geographical range of the species; and planning model, and a population management activities. the identification of a landscape simulation model that collectively It is important to recognize that the configuration where these features, as allowed us to compare estimated barred owl encounter probabilities we well as any necessary unoccupied areas, spotted owl population performance established for modeling purposes do are essential to the conservation of the among alternative habitat conservation not represent predictions about species. In all cases, we attempted to network scenarios under a variety of conditions that will be achieved through maximize reliance on public lands, potential conditions. This process management actions, or that they are an looking first to Federal lands and specifically incorporated consideration estimate of what is likely to occur in the secondarily to State lands, and of the physical or biological features and future. Instead, the assumed barred owl incorporated private lands only when allowed us to determine the quantity encounter probabilities were used to Federal and State lands were and distribution or spatial arrangement identify the critical habitat that is insufficient to meet the recovery needs of these features that are essential to the essential to recovery of the northern of the species. We then evaluated the conservation of the northern spotted spotted owl, assuming that other, non- population performance of each habitat owl. It also assisted us in identifying habitat based threats to the species have configuration considered against the habitat that may have been unoccupied been addressed. We invite public recovery criteria as set forth in the at the time of listing but is essential to comment on the process we used to Revised Recovery Plan for the Northern the species’ conservation. Additionally, evaluate barred owl effects on critical Spotted Owl (USFWS 2011, p. ix). it allowed us to consider the effect of habitat. Following the application of the variables such as habitat change over The Service is currently in the process modeling framework, we further refined time and density of barred owls, as well of preparing an Environmental Impact the model-based map units after as to evaluate the effect of including Statement (EIS) that will serve as the considering land-ownership patterns, different configurations of basis for a decision on whether to move interagency coordination, and best landownership in the scenarios forward with a study on the professional judgment, with the considered. experimental removal of barred owls. objective of increasing the efficiency We will release the EIS for public and effectiveness of the critical habitat Consistent with our statutory review and comment in the near future. proposal. We again used the population obligation to consider the best available If we decide to proceed with this study, simulation model to evaluate whether science in making decisions, our we will likely implement it over a the habitat network, as refined, evaluation of spotted owl population period of approximately 4 to 10 years. continued to provide what is essential performance, based on various habitat Furthermore, if we decide to proceed to the conservation of the northern configurations tested, required that we with this experimental removal study, spotted owl. The details of this process make assumptions regarding some of the that decision will not include a are presented in this proposed rule in model inputs, for example the determination on whether or how the section ‘‘Criteria Used to Identify interaction rate between northern barred owls would be managed in the Critical Habitat,’’ and are provided in spotted owls and barred owls (all long term; we will make that decision greater detail in our supporting assumptions are explicitly identified in only after further evaluation of the document ‘‘Modeling and Analysis Dunk et al. 2012). Given that critical results from our initial study. Barred Procedures Used to Identify and habitat cannot be expected to ameliorate owls are already present across most, if Evaluate Potential Critical Habitat non-habitat based stressors to spotted not all, of the landscape being proposed Networks for the Northern Spotted owl populations, it was necessary to as revised critical habitat, and in many Owl,’’ (Dunk et al. 2012), available establish reasonable assumptions cases both spotted owls and barred owls online at http://www.regulations.gov regarding barred owl encounter rates are occupying the same forest lands. By (see ADDRESSES), or by contacting our (the probability that a given spotted owl designating additional habitat Oregon Fish and Wildlife Office (see territory also has barred owls present) distributed across the range of the FOR FURTHER INFORMATION CONTACT). The that we believed could, along with subspecies, our goal is to increase the latter document in particular describes critical habitat designation, lead to likelihood that spotted owls will be able the specific assumptions and recovery of the northern spotted owl. to persist in areas where barred owls are uncertainties associated with the Absent such an assumption, it would also present. With regard to how modeling process, and we invite public not be possible to identify those areas possible future management of the comment on these assumptions and essential to the conservation of the owl, barred owl could affect the need for uncertainties. We further invite public as the negative effect of barred owls critical habitat for the spotted owl, if, comment on those areas we have would essentially mask the positive through experimental removal studies identified here as providing the physical effect of habitat on spotted owl or otherwise, we learn how to manage or biological features essential the populations. Therefore, as part of the barred owls for the benefit of spotted conservation of the owl, or that have critical habitat modeling process, we owls, and if such management efforts been otherwise determined to be established region-specific barred owl are undertaken and result in a reduction essential to the conservation of the encounter rates based on preliminary in the amount of habitat essential to the species. analyses conducted as part of the conservation of the northern spotted As a result of this process, this modeling process (Dunk et al. 2012) and owl, the Service may at that point proposed revised designation of critical barred owl encounter probabilities consider revising critical habitat. habitat includes all of the areas that we estimated from long-term demographic Each of the three models used in our have determined meet the definition of study areas (Forsman et al. 2011) within integrated conservation planning critical habitat for the northern spotted each modeling region. In some areas, we framework helped identify an important owl. Federal lands comprise the maintained barred owl encounter rates element of the statutory definition of majority of the proposed revised at current levels or allowed them to critical habitat: The identification of designation, but some State and private

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lands are also identified. As required by As described above, the Act provides exclusions beyond those specifically section 4(b)(2) of the Act, we have used that critical habitat shall be designated identified in this proposal. the best scientific data available to after taking into consideration the Possible Outcome 1. Finalize critical identify those areas within the economic impact, the impact on habitat on all lands described as geographical area occupied by the national security, and any other relevant meeting the definition of critical habitat species at the time it was listed, on impact of specifying any particular area in this proposed revised designation. which are found those physical or as critical habitat. Section 4(b)(2) of the This outcome would result if the biological features essential to the Act provides that the Secretary may Secretary determines, following public conservation of the species and which exclude any area from critical habitat if comment and consideration of all may require special management he determines that the benefits of possible exclusions and exemptions, considerations or protection. In excluding that area outweigh the that all of the areas proposed as revised addition, the Secretary has determined benefits of including it in the critical habitat still meet the definition that some areas in a small subset of the designation, unless such an exclusion of critical habitat, and no areas are excluded or exempted from the final proposed revised designation may not would result in the extinction of the designation. In this outcome, the final have been occupied at the time of species. This ‘‘weighing’’ of designation would be 13,962,449 ac listing, but these areas are nevertheless considerations under section 4(b)(2) of essential to the conservation of the (5,649,660 ha). the Act is the next step in the Possible Outcome 2. Finalize critical species. While we conclude that the vast designation process, in which the majority of lands included in the habitat by excluding all private and Secretary may consider particular areas State lands with active conservation proposed designation were occupied at for exclusion from the final designation. the time of listing for the reasons agreements (HCPS, SHAs, and other In this proposed revised designation of formal agreements) in place, identified discussed below, we also evaluated critical habitat, we have already them as if they were not occupied and here as proposed for exclusion based on identified 4,571,672 ac (1,850,090 ha) of a through balancing analysis under have tentatively determined that all of lands that we will consider for these lands are essential to the section 4(b)(2) of the Act (see Table 1). exclusion from the final designation of conservation of the species. Based on This outcome would result if, following critical habitat. We note that Executive the standards of the Act and our public comment and consideration of all Order 13563 states that to the extent implementing regulations, we have possible exclusions, the Secretary permitted by law, each agency must initially identified 13,962,449 acres determined that, of all of the areas ‘‘tailor its regulations to impose the least identified here for consideration for (5,649,660 ha) of lands in the States of burden on society, consistent with possible exclusion, the benefits of Washington, Oregon, and California that obtaining regulatory objectives,’’ and excluding those areas with formal meet the definition of critical habitat for that each agency ‘‘shall identify and conservation agreements that support the northern spotted owl. consider regulatory burdens that reduce conservation of the northern spotted The specific areas actually included burdens and maintain flexibility and owl would be greater than the benefits in the final designation may vary freedom of choice for the public.’’ of including those areas in critical significantly from what is in this The final designation may reflect a habitat, and if exclusion of those areas proposed revised designation for several did not result in the extinction of the reasons. First, our conclusions as to variety of possible combinations of exclusions (We note that in 1991, the species. In this outcome, the final what areas meet the Act’s definition of designation would be 13,025,633 ac initial proposal was for 11.6 million ‘‘critical habitat’’ may change based on (5,271,287 ha). public comment and further analysis. acres of critical habitat (May 6, 1991, 56 Possible Outcome 3. Finalize critical Second, we may determine that military FR 20816), but the final rule identified habitat by excluding all private and lands proposed for designation may 6.9 million acres (January 15, 1992, 57 State lands with active conservation qualify for an exemption from FR 1796), a decrease of 40 percent). The agreements (HCPs, SHAs, and other designation pursuant to section public is invited to comment on the formal agreements) in place, all State 4(a)(3)(B) of the Act. As described below possible exclusion of any areas parks, and all Congressionally reserved under ‘‘Exemptions,’’ Joint Base Lewis- proposed, but in particular those areas natural areas (e.g., wilderness areas, McChord in the State of Washington is we have identified as those we propose national scenic areas, national parks) currently in the process of revising its to exclude and those we may based on a through balancing analysis INRMP, and is under consideration for additionally consider to exclude from under section 4(b)(2) of the Act (see exemption from the final designation of the final designation of critical habitat. Table 1). This outcome would result if, critical habitat. Third, the Secretary may After evaluating public comment and following public comment and exercise his discretion to exclude carefully analyzing and weighing all consideration of all possible exclusions, certain areas from the final designation appropriate factors, a variety of the Secretary determined that of all of based on a thorough balancing analysis potential outcomes is possible in the the areas identified here as proposed for pursuant to section 4(b)(2) of the Act. In final designation. The following exclusion, the benefits of excluding all cases, we anticipate a final represents a range of some possible those areas with formal conservation designation that may be smaller than the outcomes that may result from the agreements that support conservation of current proposed revised designation. critical habitat designation process. In the northern spotted owl, as well as the The proposed revised designation may all cases, and without prejudging the benefits of excluding those State parks be taken as a maximum in the sense consideration of further analysis and and Federal natural areas managed as that, in no case, with the exception of public comments, we anticipate a final parks or wilderness, would be greater minor boundary adjustments, would the designation that may be significantly than the benefits of including those final designation include lands not smaller than the currently identified areas in critical habitat, and if exclusion included in the proposed rule without area. We emphasize that these are of those areas did not result in the first providing the opportunity for possible outcomes and that we seek extinction of the species. In this public notice and comments with comments on alternatives, including outcome, the final designation would be respect to such additional lands. those that may involve additional 10,229,121 ac (4,139,578 ha). Figures 1

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through 3 demonstrate what the final excluding all private lands, State lands, in Possible Outcome 4. As noted, we critical habitat designation would be if and Federal natural areas managed as request public comments on any such all exclusions proposed in this proposed parks or wilderness would be greater potential exclusions, and the underlying revised rule were finalized. than the benefits of including those law and science that would support Possible Outcome 4. Finalize critical areas in critical habitat. In this outcome, such exclusions. In considering the habitat by excluding all private lands, the final designation would be various possible outcomes, we will all State lands, and all Congressionally 9,390,777 ac (3,800,313 ha). focus on the requirements of the Act reserved natural areas based on a We emphasize that there may be and to the extent consistent with law, through balancing analysis under significant benefits to excluding private the requirements of Executive Order section 4(b)(2) of the Act (see Table 1). lands; we particularly request comments 13563 and in particular its emphasis on This outcome would result if, following on whether and to what extent public participation, on imposing the public comment and consideration of all excluding such lands would be possible exclusions, the Secretary consistent with the Act. least burden on society, and on determined that of all of the areas There is, of course, a Possible maintaining flexibility and freedom of identified here for consideration for Outcome 5, which would involve choice for the public. possible exclusion, the benefits of greater exclusions than those identified

TABLE 1—LANDS PROPOSED OR CONSIDERED FOR EXCLUSION FROM THE FINAL CRITICAL HABITAT DESIGNATION UNDER VARIOUS POSSIBLE OUTCOMES OF THIS PROPOSED RULE

Acres (hectares) proposed or Acres (hectares) considered for in potential final exclusion designation

Possible Outcome 1: No exclusions ...... 13,962,449 ac (5,649,660 ha) Possible Outcome 2: Excludes private lands with conservation agreements (HCPs, SHAs, and other formal agreements) 711,803 ac ...... proposed for exclusion. (288,059 ha). Excludes State lands with conservation agreements (HCPs, SHAs, or other formal agreements) pro- 225,013 ...... posed for exclusion. (91,059 ha).

Subtotal ...... 936,816 ac ...... 13,025,633 ac

(379,116 ha) ..... (5,271,287 ha)

Possible Outcome 3: Excludes private lands with conservation agreements (HCPs, SHAs, and other formal agreements) 711,803 ac ...... proposed for exclusion. (288,059 ha). Excludes State lands with conservation agreements (HCPs, SHAs, or other formal agreements) pro- 225,013 ...... posed for exclusion. (91,059 ha). Excludes State park lands proposed for exclusion ...... 164,776 ac ...... (66,682 ha). Excludes Congressionally reserved natural areas proposed for exclusion ...... 2,631,736 ac .... (1,065,026 ha).

Subtotal ...... 3,733,328 ac .... 10,229,121 ac

(1,510,824 ha) .. (4,139,578 ha)

Possible Outcome 4: Excludes private lands with conservation agreements (HCPs, SHAs, and other formal agreements) 711,803 ac ...... proposed for exclusion. (288,059 ha). Excludes State lands with conservation agreements (HCPs, SHAs, or other formal agreements) pro- 225,013 ...... posed for exclusion. (91,059 ha). Excludes State park lands proposed for exclusion ...... 164,776 ac ...... (66,682 ha). Excludes Congressionally reserved natural areas proposed for exclusion ...... 2,631,736 ac .... (1,065,026 ha). Excludes all additional private lands without formal conservation agreements under consideration for 555,901 ac ...... exclusion. (224,996 ha). Excludes all additional State lands without formal conservation agreements under consideration for ex- 281, 247 ac ...... clusion. (113,817 ha). Subtotal ...... 4,570,476 ac .... 9,391,973 ac

(1,849,613 ha) .. (3,800,812 ha)

BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C Therefore, we request comments or (1) Specific information regarding: Public Comment information from other concerned (a) The amount and distribution of government agencies, the scientific northern spotted owl habitat; We intend that any final action community, industry, or any other (b) What areas were occupied at the resulting from this proposed revised interested party concerning this time of listing and contain features rule will be based on the best scientific proposed rule. We particularly seek essential to the conservation of the and commercial data available and be as comments concerning: species such that they should be accurate and as effective as possible. included in the designation and why;

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(c) Whether these essential features intended conservation function or owl, including the assumptions may require special management purpose. incorporated into the habitat modeling considerations or protection and what (c) The consistency of possible process, as described more fully in the special management considerations or activities with the intent of the recovery section ‘‘Criteria Used to Identify protection may be needed in critical plan or other landscape-level Critical Habitat’’ and also in our habitat areas we are proposing; conservation plans. supporting documentation (Dunk et al. (d) What areas not occupied at the (7) Whether the benefits of excluding 2012). time of listing are essential for the the private and State lands with active (10) Whether we could improve or conservation of the species and why; conservation agreements (HCPs, SHAs, modify our approach to designating (e) Whether we have identified here and other formal agreements) and critical habitat in any way to provide for any areas occupied at the time of listing, Congressionally reserved natural areas greater public participation and but that do not contain features essential (e.g., wilderness areas, national scenic understanding, or to better to the conservation of the species, and areas, national parks) that are proposed accommodate public concerns and that therefore should not be included in for exclusion outweigh the benefits of comments. the designation; and including them in critical habitat. (11) Specific information on ways to (f) Whether we have identified here (8) Whether the benefits of excluding improve the clarity of this rule as it any areas that may not have been any other particular area from critical pertains to completion of consultations occupied at the time of listing and that habitat outweigh the benefits of under section 7 of the Endangered are not essential to the conservation of including that area in critical habitat Species Act. the species, such that they should not be under section 4(b)(2) of the Act, after Our final determination concerning included in the designation. considering both the potential impacts the revision of northern spotted owl (2) Land-use designations and current and benefits of the proposed revised critical habitat will take into or planned activities in the subject areas critical habitat designation. We are consideration all written comments and and their possible impacts on proposed considering the possible exclusion of any additional information we receive critical habitat. non-Federal lands, especially areas in during all comment periods. The (3) Our proposed approach to effects private ownership, in particular, and comments will be included in the determinations for the purposes of whether the benefits of exclusion may public record for this rulemaking, and conducting consultation under section outweigh the benefits of inclusion of we will fully consider them in the 7(a)(2) of the Act, in particular the those areas. We, therefore, request preparation of our final determination. application of a 500-ac (200-ha) scale as specific information on: On the basis of information received, we a screen for a determination of not likely (a) The benefits of including any may, during the development of our to adversely affect, as described in the specific areas in the final designation final determination, find that areas section Determinations of Adverse and supporting rationale. within the proposed designation do not Effects and Application of the ‘‘Adverse (b) The benefits of excluding any meet the definition of critical habitat, Modification’’ Standard. specific areas from the final designation that some modifications to the described (4) Assistance in the identification of and supporting rationale. boundaries are appropriate, or that areas any private lands that are not expressly (c) Whether any specific exclusions may or may not be appropriate for identified as intended for inclusion may result in the extinction of the exclusion based on a through balancing within critical habitat and that may species and why (see Exclusions analysis under section 4(b)(2) of the Act have inadvertently been included section, below). under section 4(b)(2) of the Act. within the designation, due to mapping (d) For private lands in particular, we You may submit your comments and and modeling limitations, as described are interested in information regarding materials concerning this proposed rule in the section ‘‘Proposed Revised the potential benefits of including by one of the methods listed in the Critical Habitat Designation.’’ private lands in critical habitat versus ADDRESSES section. We will post your (5) Information on the potential the benefits of excluding such lands entire comment—including your impacts of climate change on the from critical habitat. This information personal identifying information—on northern spotted owl and proposed does not need to include a detailed http://www.regulations.gov. You may critical habitat, and whether special technical analysis of the potential request at the top of your document that management needs or protections may effects of designated critical habitat on we withhold personal information such be needed to address this issue in the private property. In weighing the as your street address, phone number, or critical habitat areas we are proposing. potential benefits of exclusion versus email address from public review; (6) Any probable economic, national inclusion of private lands, the Service however, we cannot guarantee that we security, or other relevant impacts of may consider whether existing will be able to do so. designating any area as critical habitat, partnership agreements provide for the Comments and materials we receive, and in particular, any impacts on small management of spotted owl habitat. We as well as supporting documentation we entities, and the benefits of including or may consider, for example, the status of used in preparing this proposed rule, excluding areas that exhibit these conservation efforts, the effectiveness of will be available for public inspection impacts. We particularly request any conservation agreements to on http://www.regulations.gov, or by information and comments on what conserve the species, and the likelihood appointment, during normal business activities may occur and the effects to of the conservation agreement’s future hours, at the U.S. Fish and Wildlife those activities in the proposed revised implementation. There may be broad Service, Oregon Fish and Wildlife Office critical habitat areas. Such information public benefits of encouraging (see FOR FURTHER INFORMATION CONTACT). could include: collaborative efforts and encouraging (a) The extent of possible activities, local and private conservation efforts, Background including temporal and spatial scale, and these broad benefits are important It is our intent to discuss only those relative to the critical habitat area considerations in our evaluation. topics directly relevant to the revised within which they occur. (9) Our process used for identifying designation of critical habitat in this (b) The impact of possible activities those areas that meet the definition of proposed rule. For further details on the habitat’s likelihood of serving its critical habitat for the northern spotted regarding northern spotted owl biology

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and habitat, population abundance and owl populations would continue to intensified the need to conserve and trend, distribution, demographic decline for several decades, even with restore large areas of contiguous, high- features, habitat use and conditions, habitat conservation, as the quality habitat across the range of the threats, and conservation measures, consequence of lag effects at both northern spotted owl (Dugger et al. please see the Northern Spotted Owl 5 individual and population levels. 2011, p. 2464; Forsman et al. 2011, p. year Review Summary and Evaluation, However, many populations of northern 76; USFWS 2011, Recovery Action 32 completed October 26, 2011, and the spotted owls have declined at a faster [RA32], p. III–67). Revised Recovery Plan for the Northern rate than anticipated, especially in the It is becoming increasingly evident Spotted Owl (USFWS 2011), completed northern parts of the subspecies’ range that solely securing habitat will not be July 1, 2011. Both of these documents (Anthony et al. 2006, pp. 31–32; effective in achieving the recovery of the are available on the U.S. Fish and Forsman et al. 2011, pp. 65, 76). We northern spotted owl when barred owls Wildlife Service’s Endangered Species now know that the suite of threats are present (USFWS 2011, p. vi). While web site at http://ecos.fws.gov/; under facing the northern spotted owl differs conservation of high-quality habitat is ‘‘Species Search,’’ enter ‘‘northern from those at the time it was listed; in essential for the recovery and spotted owl’’). As detailed below, addition to the effects of historical and conservation of the owl, habitat Appendix C of the Revised Recovery ongoing habitat loss, the northern conservation alone is not sufficient to Plan is particularly informative, as the spotted owl faces a new significant and achieve recovery objectives. As stated in habitat modeling process described complex threat in the form of the Revised Recovery Plan, ‘‘addressing therein was used to help identify those competition from the congeneric the threats associated with past and areas considered essential to the (referring to a member of the same current habitat loss must be conducted conservation of the northern spotted genus) barred owl (USFWS 2011, pp. simultaneously with addressing the owl in this proposed revised I–7 to I–8). threats from barred owls. Addressing the threat from habitat loss is relatively designation of critical habitat. During the second half of the 20th straightforward with predictable results. Furthermore, the recovery criteria for century, barred owls expanded their However, addressing a large-scale threat the northern spotted owl, as described range from eastern to western North of one raptor on another, closely related in the Revised Recovery Plan (USFWS America, and the range of the barred 2011, pp. I–1 to I–2), helped to raptor has many uncertainties’’ (USFWS owl now completely overlaps that of the discriminate between the various 2011, p. I–8). A designation of critical northern spotted owl (Gutie´rrez et al. scenarios considered in the modeling habitat is intended to ameliorate habitat- 1995, p. 3; Crozier et al. 2006, p. 761). process in terms of assessing which of based threats to an endangered or Barred owls compete with northern the habitat networks evaluated would threatened species; critical habitat spotted owls for habitat and resources contribute most efficiently to the cannot reasonably be expected to for breeding, feeding, and sheltering, conservation of the northern spotted address other, non-habitat-related and the presence of barred owls has owl. threats to the species. In the case of the The Service recognizes that this significant negative effects on northern northern spotted owl, the recovery goal proposed revision of critical habitat spotted owl reproduction, survivorship, of supporting population viability and represents an increase in the total land and successful occupation of territories demographically stable populations of area identified from previous (see ‘‘Population Status and Trends,’’ northern spotted owls will likely require designations in 1992 (January 15, 1992; below). The loss of habitat has the habitat conservation in concert with the 57 FR 1796) and 2008 (August 13, 2008; potential to intensify competition with implementation of recovery actions that 73 FR 47325). For a detailed explanation barred owls by reducing the total address other, non-habitat-based threats of the changes proposed between this amount of resources available to the to the species, including the barred owl. proposed revised designation and the northern spotted owl and by increasing In addition, recovery actions include present designation of critical habitat for the likelihood and frequency of scientific evaluation of potential the northern spotted owl, please see competitive interactions. Barred owls management options to reduce the Summary of Changes from Previously select very similar habitat to spotted impact of barred owls on northern Designated Critical Habitat, below. owls for breeding, feeding, and spotted owls (USFWS 2011, Recovery sheltering, and loss of habitat has the Action 29 [RA29], p. III–65), and Introduction potential to intensify competition implementation of management actions The northern spotted owl inhabits between species. While conserving determined to be effective (USFWS structurally complex forests from habitat will not alleviate the barred owl 2011, Recovery Action 30 [RA30], p. III– southwestern British Columbia through threat, Dugger et al. (2011, pp. 2464– 65). Washington and Oregon to northern 2465) found that spotted owl occupancy When developing a critical habitat California. The northern spotted owl and colonization rates decreased as both rule, the Service must use the best was listed under the Act as a threatened barred owl presence increased and scientific information available to species in 1990 because of widespread available habitat decreased. These identify those specific areas within the loss of habitat across its range and the authors concluded that, similar to geographical area occupied by the inadequacy of existing regulatory another case in which increased suitable species at the time it was listed that mechanisms to conserve it (55 FR habitat was required to support two provide the physical and biological 26114; June 26, 1990). Although the rate potentially competing raptors, increased features essential for the conservation of of loss of habitat due to timber harvest habitat protection for spotted owls may the species, and that may require special has been greatly reduced on Federal be necessary to provide for sustainable management considerations or lands over the past two decades, both populations in the presence of barred protection, or to identify those areas past and current habitat loss remain a owls (Dugger et al. 2011, p. 2467). outside the geographical area occupied threat to the northern spotted owl. Maintaining high-quality habitat has by the species at the time it was listed Despite implementation of habitat been important since the northern that are otherwise determined to be conservation measures in the early spotted owl was initially listed as essential to the conservation of the 1990s, Thomas et al. (1990, p. 5) and threatened in 1990, and this competitive species. However, like most critical USDI (1992, Appendix C) foresaw that pressure from barred owls has habitat proposals, this rule addresses

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elements of risk management, because threat from barred owls, and conservation of the northern spotted we must make recommendations and information indicating a recent loss of owl, including information on essential decisions in the face of incomplete genetic diversity for the subspecies, habitats, the current distribution of information and uncertainty about retaining both occupied northern those habitats, and the best available factors influencing northern spotted owl spotted owl sites and unoccupied, high- scientific knowledge about northern populations. This uncertainty exists value northern spotted owl habitat spotted owl population dynamics, while even though the northern spotted owl is across the subspecies’ range are key acknowledging uncertainty about future among the most thoroughly studied of components for recovery (USFWS 2011, conditions in Pacific Northwest forests. listed species. We understand a great p. I–9). Accordingly, in this proposed An Ecosystem-Based Approach to the deal about the habitats the subspecies rule, we have identified areas of Conservation of the Northern Spotted prefers and the factors that influence its occupied habitat that provide the Owl and Managing Its Critical Habitat demographic trends. Nonetheless, physical or biological features essential considerable uncertainty remains, to the conservation of the northern Section 2 of the Act states, ‘‘The particularly about interactions among spotted owl, and which may require purposes of this Act are to provide a different factors that threaten the owl. special management considerations or means whereby the ecosystems upon In the face of such uncertainty, the protection. When occupied areas were which endangered species and Revised Recovery Plan proposes not adequate to achieve recovery goals, threatened species depend may be strategies to address the primary threats we also identified some unoccupied conserved.’’ Although the conservation to the northern spotted owl from habitat areas as critical habitat for the northern of the listed species is the specific loss and barred owls (USFWS 2011, p. spotted owl when it was clear that such objective of a critical habitat I–7). The effects of climate change and areas are essential to the conservation of designation, the essential physical or of past management practices are the species. However, it is important to biological features that serve as the basis changing forest ecosystem processes and note that this proposed revised of critical habitat are often essential dynamics, including patterns of designation of critical habitat does not components of the ecosystem upon wildfires, insect outbreaks and disease, include all sites where northern spotted which the species depends. In such to a degree greater than anticipated in owls are known to occur. The habitat cases, a fundamental goal of critical the Northwest Forest Plan (NWFP) modeling that we used, in part, to assist habitat management is not only to (Hessburg et al. 2005, pp. 134–135; us in developing this proposed revised conserve the listed species, but also to conserve the ecosystem upon which that Carroll et al. 2010, p. 899; Spies et al. designation was based primarily on species depends. This is the case with 2010, entire; USFWS 2011, p. I–8). At present habitat suitability. While we did the northern spotted owl. the same time, the expansion of barred also consider the present known owl populations is altering the capacity An ‘‘ecosystem’’ is defined as a locations of northern spotted owls in biological community of interacting of intact habitat to support northern refining the identified habitat network, spotted owls. Projecting the effects of organisms and their physical not all such sites were included in the environment, or as the complex of a these factors and their interactions into proposed revised designation if those the future leads to even higher levels of community of organisms and its areas did not make a significant environment functioning as an uncertainty, especially considering how contribution to population viability (for the influences of different threats may ecological unit (Krebs 1972, pp. 10–11; example, if known sites were too small Ricklefs 1979, pp. 31–32, 869). These vary across the owl’s large geographical or isolated to play a meaningful role in range. It is clear that ecosystem-level ecosystem interactions and functions the conservation of the species; see changes are occurring within the are often referred to as ecological Criteria Used to Identify Critical northern spotted owl’s forest habitat. ‘‘relationships’’ or ‘‘processes.’’ Thus, to The development of a critical habitat Habitat). This is in accordance with conserve the northern spotted owl as network for the northern spotted owl Section 3(5)(C) of the Act, which directed by the Act, one must also must take into account the current specifies that ‘‘critical habitat shall not conserve the ecological processes that uncertainty associated with both barred include the entire geographical area occur within the ecological landscape owl impacts and climate change which can be occupied by the inhabited by the species. These predictions (USFWS 2011, p. III–10) as threatened or endangered species.’’ processes—such as vegetation well as the uncertainty associated with Because of the uncertainties succession, forest fire regimes, and how land will be managed in the future, associated with the effects of barred owl nutrient cycling—create and shape the how climate change effects will impact interactions with the northern spotted physical and biological features that northern spotted owls, and whether and owl and habitat changes that may occur form the foundation of critical habitat. how barred owls will be managed (and as a result of climate change, active The northern spotted owl was initially thus, what the future effect of barred adaptive management strategies will be listed as a threatened species largely owls will be on northern spotted owl needed to achieve results in certain due to the loss or degradation of the populations). These uncertainties landscapes. Adaptive management is a late-successional forest ecosystems require that we make some assumptions systematic approach for improving upon which it depends. A complex about likely future conditions in resource management by learning from interaction of physical and biological developing, modeling, and evaluating the results of explicit management factors contribute to the development potential critical habitat for the northern policies and practices and applying that and maintenance of these ecosystems, spotted owl; those assumptions are learning to future management which in turn provide the northern identified clearly in this proposed rule decisions (USFWS 2011, p. G–1). This spotted owl with the environmental (see Criteria Used to Identify Critical critical habitat rule identifies key conditions required for its conservation Habitat, below) and in our supporting sources of uncertainty, and the need to and survival, such as large areas of documentation (Dunk et al. 2012, learn from our management of forests suitable habitat, nest structures, and entire). that provide habitat for northern spotted sufficient prey to sustain interconnected Given the continued decline of owls. We propose a critical habitat populations of owls across the northern spotted owl populations, the network that was developed based on landscape. A fundamental goal of apparent increase in severity of the what we believe to be essential for the critical habitat management should thus

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be to understand, describe, and Forest Management Activities in Spotted them (including fire) where they have conserve these processes, which in turn Owl Critical Habitat been modified or suppressed (Allen et will maintain the physical and Another important development al. 2002, pp. 1429–1430; Spies et al. biological features essential to the informing spotted owl critical habitat 2006, pp. 358–361; Fielder et al. 2007, conservation of the species. This management involves changes in entire; Prather et al. 2008, entire; ‘‘ecosystem approach’’ will ultimately forestry science. Emulating natural Lindenmayer et al. 2009, p. 274; have the highest likelihood of disturbance regimes is emerging as a Tidwell 2011, entire). Likewise, in moist conserving listed species such as the dominant paradigm in North American and some mixed forests, management of northern spotted owl in the long term forest management (Seymour and spotted owl critical habitat should be (Knight 1998, p. 43). Hunter 1999, p. 56; Long 2009, p. 1868). compatible with broader ecological This change is occurring in response to: goals, such as the retention of high- Service policy also endorses this quality older forest, the continued approach: ‘‘Species will be conserved (1) The simplification of forests in terms of structure, age-class diversity, and treatment of young or homogenous best not by a species-by-species forest plantations, and the conservation approach but by an ecosystem species composition as a result of management for timber production, and or restoration of complex early seral conservation strategy that transcends forest habitat (Spies et al. 2007b, pp. 57– individual species’’ (59 FR 34724, July (2) a recognition of fundamental changes in ecosystem function and 63; Betts et al. 2010, pp. 2117, 2126– 1, 1994). The Service applies this processes due to land management 2127; Swanson at al. 2010, entire). In ecosystem approach to critical habitat practices, especially fire and general, actions that promote ecological designations for other listed species successional patterns (Franklin et al. restoration and those that apply (e.g., in Hawaii (75 FR 18960, April 13, 2002, pp. 402–408; Hessburg et al. 2005, ecological forestry principles as 2010; 76 FR 46362, August 2, 2011)). pp. 134–135; Drever et al. 2006, p. described in the Revised Recovery Plan Likewise, the U.S. Forest Service, which 2291). Although human disturbance is (USFWS 2011, pp. III–11 to III–41) are manages the great majority of the unlikely to precisely mimic natural likely to be consistent with the proposed northern spotted owl critical forest disturbance, it can be used to conservation of the northern spotted habitat, has prioritized restoring and better maintain the resilience of owl and the management of its critical maintaining natural ecological function landscapes and wildlife populations to habitat. and resiliency to its forest lands (Blate respond to natural disturbance and Critical Habitat and the Northwest et al. 2009, entire; USDA 2010, entire; climate change (Lindenmayer et al. Forest Plan Tidwell 2011, entire). Active 2008, p. 87). In general, silviculture management of critical habitat is prescriptions that apply ecological It is important for readers of this intended to be fully compatible and forestry principles to address the document to understand the consistent with these landscape-level conservation of broader ecological relationship between spotted owl ecosystem conservation efforts. processes are compatible with critical habitat and the Northwest Forest Plan (NWFP). Critical habitat for the Proposed revised critical habitat for maintaining the proposed critical habitat’s essential features in the long spotted owl was first designated in 1992 the northern spotted owl includes a (January 15, 1992; 57 FR 1796). Since diverse forest landscape that covers term (USFWS 2011, p. III–14). Explicitly prescribing such 1994, the NWFP has also served as an millions of acres and contains several important landscape-level plan that has different forest ecosystems and management at a fine scale (e.g., forest stand level) is beyond the scope of this contributed to the conservation of the thousands of plant and animal species. northern spotted owl and its late- It ranges from dry, fire-prone forests to document and should be developed at the appropriate land management unit successional forest habitat (Thomas et moist old-growth conifer forest to a mix (e.g., National Forest or BLM District; al. 2006, pp. 278–284). The NWFP of conifers and hardwood trees. USDA 2010, entire) and through introduced a strategy of reserves where Thousands of species occur in these consultation with the Service, as conservation would be the priority, and forest ecosystems, including other listed appropriate. As described below and in matrix areas where timber harvest species with very specific biological the Revised Recovery Plan, management would be the goal. Here we briefly needs. Prescribed management for all of actions whose intent is to conserve or provide a summary of how our these needs at the species level on large restore natural ecological processes and proposed designation of critical habitat landscapes is likely to be expensive, enhance forest resilience in the long has been informed by the knowledge logistically difficult, and often in term should generally be consistent and experience gained from conflict (Thompson et al. 2009, p. 29). with the goals of critical habitat management under the NWFP. Many scientists believe a single-species management (USFWS 2011, p. III 11– The NWFP reserve strategy has been approach to forest management is 39). The Service has recently approved successful in the conservation and limited and that land managers need to these types of management actions in recruitment of late-successional forest focus on broader landscape goals that occupied spotted owl habitat on BLM and associated species on Federal lands address ecosystem process and future and USFS lands. (Thomas et al. 2006, p. 283). habitat conditions (see, e.g., Thomas et Some general considerations for Implementation of the plan has been al. 2006, p. 286; Boyd et al. 2008, p. 42; managing within spotted owl critical less successful in providing the Hobbs et al. 2010, p. 487; Mori 2011, pp. habitat are discussed in more detail in anticipated level of commercial timber 289–290). In this proposed revised the Special Management Considerations harvest from matrix lands (less than 50 designation of critical habitat, we and Adverse Modification sections of percent of anticipated levels; Thomas et encourage the application of ecosystem this document. In sum, vegetation and al. 2006, p. 284), at promoting active management principles to ensure the fuels management in dry and mixed-dry restoration in areas that may contain long-term conservation of the northern forests is encouraged both within and uncharacteristically high risk of severe spotted owl and its habitat, as well as outside designated critical habitat where fire (Spies et al. 2006, pg. 359; Thomas other species dependent on these shared the goal of such treatment is to conserve et al. 2006, p. 277), or in moist forests ecosystems. natural ecological processes or restore where early seral habitats are lacking

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such as those described above (Betts et owl are discussed in the Special primarily to 10 of the 12 provinces al. 2010, p. 2117). Management Considerations and within its range. Some scientists have suggested that it Adverse Modification sections of this For the purposes of developing this may be time to reconsider various document, as well as in the Revised proposed rule, and based on Appendix recommendations or requirements of the Recovery Plan for the Northern Spotted C of the Revised Recovery Plan (USFWS NWFP in light of improved scientific Owl (USFWS 2011, pp. III–11 to III–39). 2011, pp. C–7 to C–13), we have divided insight, increasing concerns over future the range of the northern spotted owl ecological conditions that appear The Biology and Ecology of the Northern into 11 different regions. We used these increasingly dynamic, and changing Spotted Owl 11 regions in the habitat modeling that social values (Spies et al. 2006, p. 360; Physical Description and Taxonomy informed this proposed revised Thomas et al. 2006, p. 286; Thompson designation of critical habitat. The et al. 2009, p. 29). Some specifically The northern spotted owl is a regions used here are more ‘‘owl question the strategy of managing medium-sized owl and the largest of the specific’’ than the physiographic Federal lands in the range of the three subspecies of spotted owls provinces used in the past. In addition northern spotted owl separately as currently recognized by the American to regional patterns of climate, reserves in some areas and for Ornithologists’ Union (Gutie´rrez et al. topography, and forest communities, commodity production in others, 1995, p. 2). It is dark brown with a which the physiographic provinces also suggesting a more holistic management barred tail and white spots on the head considered, the 11 regions are perspective (Spies et al. 2006, p. 360; and breast, and has dark brown eyes additionally based on specific patterns Thomas et al. 2006, p. 286; Franklin and that are surrounded by prominent facial of spotted owl habitat relationships and Lindenmayer 2009, entire). Other disks. The taxonomic separation of prey base relationships across the range scientists conclude that a system of these three subspecies is supported by of the species. A map of the 11 regions large reserves in the NWFP is still numerous factors (reviewed in Courtney used for the purposes of habitat necessary for course-scale planning, but et al. 2004, pp. 3–3 to 3–31), including modeling is provided in the Revised that fine-scale management should genetic (Barrowclough and Gutie´rrez Recovery Plan (USFWS 2011, p. C–13), proceed that restores ecological 1990, p. 739; Barrowclough et al. 1999, and are also shown in Figure 1 of this processes while minimizing adverse p. 922; Haig et al. 2004, p. 1353; document. We additionally used these impacts to wildlife (Carroll et al. 2009, Barrowclough et al. 2005, p. 1113), 11 regions identified in the Revised p. 29). morphological (Gutie´rrez et al. 1995, pp. Recovery Plan as the organizing units The Service, in developing this 2 to 3), behavioral (Van Gelder 2003, p. for our designation of critical habitat. proposed critical habitat designation, 30), and biogeographical characteristics Spotted owls generally rely on older has taken these concerns into (Barrowclough et al. 1999, p. 928). forested habitats because such forests consideration. Thomas et al. (2006, pp. contain the structures and 284–287) recommend three primary Distribution and Habitat characteristics required for nesting, improvements in the NWFP to address roosting, and foraging, and dispersal. these concerns. These recommendations The current range of the northern Forest characteristics associated with are highly relevant to spotted owl spotted owl extends from southwest spotted owls usually develop with critical habitat management: British Columbia through the Cascade increasing forest age, but their 1. Conserve old growth trees and Mountains, coastal ranges, and occurrence may vary by location, past forests on Federal lands wherever they intervening forested lands in forest practices, and stand type, history, are found (emphasis added), and Washington, Oregon, and California, as and condition. Although spotted owl undertake appropriate restoration far south as Marin County, California. habitat is variable over its range, some treatment in the threatened forest types. The subspecies is listed as threatened general attributes are common to the 2. Manage NWFP forests as dynamic under the Act throughout its range (55 owl’s life-history requirements ecosystems that conserve all stages of FR 26114; June 26, 1990). Within the throughout its range. To support forest development (e.g., old growth and United States, the northern spotted owl northern spotted owl reproduction, a early seral), and where tradeoffs ranges across 12 physiographic home range requires appropriate between short-term and long-term risks provinces, based on recognized amounts of nesting, roosting, and are better balanced. landscape subdivisions exhibiting foraging habitat arrayed so that nesting 3. Recognize the NWFP as an different physical and environmental pairs can survive, obtain resources, and integrated conservation strategy that features, often referred to as breed successfully. In northern parts of contributes to all components of ‘‘physiographic provinces’’ (Franklin the range where nesting, roosting, and sustainability across Federal lands. and Dyrness 1988, pp. 5–26; Thomas et foraging habitat have similar attributes, The management of critical habitat for al. 1990, p. 61; USDA and USDI 1994, nesting is generally associated with the spotted owl should be compatible p. A–3). These include the Olympic increasing old forest in the core area with these broader landscape Peninsula, Western Washington (Swindle et al. 1999, p. 1216). In some management goals articulated by Lowlands, Western Washington southern portions of the range, northern Thomas et al. (2006, pp. 284–287). Cascades, Eastern Washington Cascades, spotted owl survival is positively Critical habitat for the northern spotted Oregon Coast Ranges, Western Oregon associated with the area of old forest owl is not intended to be a ‘‘hands off’’ Cascades, Willamette Valley, Eastern habitat in the core, but reproductive reserve in the traditional sense. Rather, Oregon Cascades, Oregon Klamath, output is positively associated with it should be a ‘‘hands-on’’ ecosystem California Klamath, California Coast amount of edge between older forest and management landscape that should Ranges, and California Cascades other habitat types in the home range include a mix of active and passive Provinces (based on USDA and USDI (Franklin et al. 2000, pp. 573, 579). This actions to meet a variety of conservation 1994, p. A–3). Very few northern pattern suggests that where dusky- goals that support long-term spotted owl spotted owls are found in British footed woodrats (Neotoma fuscipes) are conservation. Some general Columbia, the Western Washington the primary prey species, core areas that considerations for managing for the Lowlands or Willamette Valley; have nesting habitat stands interspersed conservation of the northern spotted therefore, the subspecies is restricted with varied types of foraging habitat

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may be optimal for northern spotted owl foraging. As noted above, the same 579). Both the amount and distribution survival and reproduction. Both the habitat generally serves for both nesting of foraging habitat within the home amount and spatial distribution of and roosting functions; technically range influence the survival and nesting, roosting, foraging, and dispersal ‘‘roosting habitat’’ differs from nesting reproduction of northern spotted owls. habitat influence reproductive success habitat only in that it need not contain Dispersal Habitat and Habitat for and long-term population viability of those specific structural features used Nonresident Owls northern spotted owls. for nesting (cavities, broken tops, and Population growth can occur only if mistletoe platforms), but does contain Successful dispersal of northern there is adequate habitat in an moderate to high canopy closure; a spotted owls is essential to maintaining appropriate configuration to allow for multi-layered, multi-species canopy; genetic and demographic connections the dispersal of owls across the large accumulations of fallen trees and among populations across the range of landscape. This includes support of other woody debris on the ground; and the species. Habitats that support dispersing juveniles, as well as open space below the canopy for movements between larger habitat nonresident subadults and adults that northern spotted owls to fly. In practice, patches that provide nesting, roosting, have not yet recruited into the breeding however, roosting habitat is not and foraging habitats for northern population. The survivorship of segregated from nesting habitat. Nesting spotted owls act to limit the adverse northern spotted owls is likely greatest and roosting habitat will also function genetic effects of inbreeding and genetic when dispersal habitat most closely as foraging and dispersal habitat. drift and provide demographic support resembles nesting, roosting, and (3) Foraging. Foraging habitat is to declining populations (Thomas et al. foraging habitat, but owls may use other essential to provide a food supply for 1990, pp. 271–272). Dispersing juvenile types of habitat for dispersal on a short- survival and reproduction. Foraging northern spotted owls experience high term basis. Dispersal habitat, at a habitat is the most variable of all mortality rates (more than 70 percent in minimum, consists of stands with habitats used by territorial spotted owls, some studies (Miller 1989, pp. 32–41; adequate tree size and canopy closure to and is closely tied to the prey base, as Franklin et al. 1999, pp. 25, 28; 55 FR provide protection from avian predators described below. Nesting and roosting 26115; June 26, 1990)) from starvation, and at least minimal foraging habitat always provides for foraging, but predation, and accidents (Miller 1989, opportunities (57 FR 1805, January 15, in some cases owls also use more open pp. 41–44; Forsman et al. 2002, pp. 18– 1992). and fragmented forests, especially in the 19). Juvenile dispersal is thus a highly The three essential functions served southern portion of the range where vulnerable life stage for northern by habitat within the home range of a some younger stands may have high spotted owls, and enhancing the northern spotted owl are: prey abundance and structural attributes survivorship of juveniles during this (1) Nesting. Nesting habitat is similar to those of older forests, such as period could play an important role in essential to provide structural features moderate tree density, subcanopy maintaining stable populations of for nesting, protection from adverse perches at multiple levels, multi-layered northern spotted owls. weather conditions, and cover to reduce vegetation, or residual older trees. Successful juvenile dispersal may predation risks. Habitat requirements for Foraging habitat generally has attributes depend on locating unoccupied suitable nesting and roosting are nearly similar to those of nesting and roosting habitat in close proximity to other identical. However, nesting habitat is habitat, but foraging habitat may not occupied sites (LaHaye et al. 2001, pp. specifically associated with a high always support successfully nesting 697–698). Dispersing juveniles are likely incidence of large trees with various pairs (USDI 1992, pp. 22–25). Foraging attracted to conspecific calls, and may deformities (large cavities, broken tops, habitat can also function as dispersal look for suitable sites preferentially in mistletoe (Arceuthobium spp.) habitat. The primary function of the vicinity of occupied territories. infections, and other evidence of foraging habitat is to provide a food When all suitable territories are decadence) or large snags suitable for supply for survival and reproduction. occupied, dispersers may temporarily nest placement. Additional features that Because northern spotted owls show pursue a nonresident (nonbreeding) support nesting and roosting typically a clear geographical pattern in diet, and strategy; such individuals are sometimes include a moderate to high canopy different prey species prefer different referred to as ‘‘floaters’’ (Forsman et al. closure; a multilayered, multi-species habitat types, prey distribution 2002, pp. 15, 26). Floaters prospect for canopy with large overstory trees; large contributes to differences in northern territorial vacancies created when accumulations of fallen trees and other spotted owl foraging habitat selection residents die or leave their territories. woody debris on the ground; and across the range. In the northern portion Floaters contribute to stable or sufficient open space below the canopy of their range, northern spotted owls increasing populations of northern for spotted owls to fly (Thomas et al. forage heavily in older forests or forests spotted owls by quickly filling territorial 1990, p. 164). Forested stands with high with similar complex structure that vacancies. Where large blocks of habitat canopy closure also provide thermal support northern flying squirrels with multiple breeding pairs occur, the cover (Weathers et al. 2001, p. 686) and (Glaucomys sabrinus) Carey et al. 1992, opportunities for successful recruitment protection from predators. Patches of p. 233; Rosenberg and Anthony 1992, p. of dispersers and floaters are enhanced nesting habitat, in combination with 165). In the southern portion of their due to the within-block production of roosting habitat, must be sufficiently range, where woodrats are a major potential replacement birds (Thomas et large and contiguous to maintain component of their diet, northern al. 1990, pp. 295, 307). northern spotted owl core areas and spotted owls are more likely to use a Juvenile dispersal occurs in steps home ranges, and must be proximate to variety of stands, including younger (Forsman et al. 2002, pp. 13–14), foraging habitat. Ideally, nesting habitat stands, brushy openings in older stands, between which dispersing juveniles also functions as roosting, foraging, and and edges between forest types in settle into temporary home ranges for up dispersal habitat. response to higher prey density in some to several months (Forsman et al. 2002, (2) Roosting. Roosting habitat is of these areas (Solis 1983, pp. 89–90; p. 13). Natal dispersal distances, essential to provide for Sakai and Noon 1993, pp. 376–378; measured from natal areas to eventual thermoregulation, shelter, and cover to Sakai and Noon 1997, p. 347; Carey et home range, tend to be larger for females reduce predation risk while resting or al. 1999, p. 73; Franklin et al. 2000, p. (about 15 mi (24 km)) than males (about

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8.5 mi (13.7 km)) (Courtney et al. 2004, rates than elsewhere, but still declined remove spotted owls from the wild in p. 8–5). Forsman et al. (2002, pp. 15–16) at a mean annual rate of about 2.8 British Columbia. Personnel in British reported dispersal distances of 1,475 percent per year for 1985–2006 Columbia captured and brought into spotted owls in Oregon and Washington (Forsman et al. 2011, p. 67). captivity the remaining 16 known wild for the period from 1985 to 1996. In addition to declines in population spotted owls. Prior to initiating the Median maximum dispersal distance growth rates, declines in annual captive-breeding program, the (the straight-line distance between the survival were reported for 10 of the 11 population of spotted owls in Canada natal site and the farthest location) for study areas (Forsman et al. 2011, p. 64, was declining by as much as 35 percent radio-marked juvenile male spotted Table 22). Number of young produced per year (Chutter et al. 2004, p. 6). The owls was 12.7 mi (20.3 km), and that of each year showed declines at 5 areas amount of previous interaction between female spotted owls was 17.2 mi (27.5 (Cle Elum, Klamath, Southern Oregon northern spotted owls in Canada and km) (Forsman et al. 2002, Table 2). Cascades, Northwest California, and the United States is unknown (Chutter Spotted owls can utilize forests with Green Diamond), was relatively stable at et al. 2004, p. 24). Although the status the characteristics of nesting, roosting, 3 areas (Olympic Peninsula, Tyee, of the spotted owl in Canada is or foraging for dispersal, and likely Hoopa), and was increasing at 2 areas informative in terms of the overall experience greater survivorship under (Oregon Coast Ranges, H. J. Andrews) declining trend of the northern spotted such conditions. However, dispersing or (Forsman et al. 2011, p. 64 Table 22). owl throughout its range, and nonresident individuals may also make As noted above, the barred owl has consequently the increased need for use of other forested areas that do not emerged as a greater threat to the conservation in those areas where it meet the requirements of nesting or northern spotted owl than was persists, the Service does not designate roosting habitat on a short-term basis. previously recognized. The range of the critical habitat in foreign countries (50 Such short-term dispersal habitats must, barred owl has expanded in recent years CFR 424.12(h)). at minimum, consist of stands with and now completely overlaps that of the adequate tree size and canopy closure to northern spotted owl (Crozier et al. Life History provide protection from avian predators 2006, p. 761). The presence of barred Northern spotted owls are a long-lived and at least minimal foraging owls has significant negative effects on species with relatively stable and high opportunities. northern spotted owl reproduction rates of adult survival, lower rates of (Olson et al. 2004, p. 1048), survival juvenile survival, and highly variable Population Status and Trends (Anthony et al 2006, p. 32), and number reproduction. Franklin et al. (2000, p. Demographic data from studies of territories occupied (Kelly et al. 2003, 576) suggested that northern spotted initiated as early as 1985 have been p. 51; Olson et al. 2005, p. 928). The owls follow a ‘‘bet-hedging’’ life-history analyzed every 5 years to estimate determination of population trends for strategy, where natural selection favors northern spotted owl demographic rates the northern spotted owl has become individuals that reproduce only during and population trends (Anderson and complicated by the finding that favorable conditions. For such species, Burnham 1992, entire; Burnham et al. northern spotted owls are less likely to population growth rate is more 1994, entire; Franklin et al. 1999, entire; call when barred owls are also present; susceptible to changes in adult survival Anthony et al. 2006, entire; Forsman et therefore, they are more likely to be than to recruitment of new individuals al. 2011, entire). The most current undetected by standard survey methods into the population. For northern evaluation of population status and (Olson et al. 2005, pp. 919–929; Crozier spotted owls, recent demographic trends is based on data through 2008 et al. 2006, pp. 766–767). As a result, it analyses have indicated declining (Forsman et al. 2011, p. 1). Based on this is difficult to determine whether trends in both adult survival and analysis, populations on 7 of 11 study northern spotted owls no longer occupy recruitment across much of the species areas (Cle Elum, Rainier, Olympic a site, or whether they may still be range (Forsman et al. 2011, p. 64, Table Peninsula, Oregon Coast Ranges, H.J. present but are not detected. The 2011 22). Andrews, Northwest California, and Revised Recovery Plan for the Northern Northern spotted owls are highly Green Diamond) were declining Spotted Owl concludes that ‘‘barred territorial (Courtney et al. 2004, p. 2–7), (Forsman et al. 2011, p. 64, Table 22). owls are contributing to the population though overlap between the outer Estimates of realized population decline of spotted owls, especially in portions of the home ranges of adjacent change (cumulative population change Washington, portions of Oregon, and the pairs is common (Forsman et al. 1984, across all study years) indicated that, in northern coast of California.’’ (USFWS pp. 5, 17, 22–24; Solis and Gutie´rrez the more rapidly declining populations 2011, p. B–12). 1990, p. 742; Forsman et al. 2005, p. (Cle Elum, Rainier, and Olympic British Columbia has a small 374). Pairs are nonmigratory and remain Peninsula), the 2006 populations were population of northern spotted owls. on their home range throughout the 40 to 60 percent of the population sizes This population has declined at least 49 year, although they often increase the observed in 1994 or 1995 (Forsman et al. percent since 1992 (Courtney et al. area used for foraging during fall and 2011, pp. 47–49). Populations at the 2004, p. 8–14), and by as much as 90 winter (Forsman et al. 1984, p. 21; Sisco remaining areas (Tyee, Klamath, percent since European settlement 1990, p. 9), likely in response to Southern Oregon Cascades, and Hoopa) (Chutter et al. 2004, p. 6) to a 2004 potential depletion of prey in the core showed declining population growth breeding population estimated at about of their home range (Carey et al. 1992, rates as well, although the estimated 23 birds (Sierra Legal Defence [sic] Fund p. 245; Carey 1995, p. 649; but see rates were not significantly different and Western Canada Wilderness Rosenberg et al. 1994, entire). The from stable populations (Forsman et al. Committee 2005, p. 16) on 15 sites northern spotted owl shows strong year- 2011, p 64). A meta-analysis combining (Chutter et al. 2004, p. 26). Chutter et al. round fidelity to its territory, even when data from all 11 study areas indicates (2004, p. 30) suggested immediate not nesting (Solis 1983, pp. 23–28; that rangewide the population declined action was required to improve the Forsman et al. 1984, pp. 52–53) or after at a rate of about 2.9 percent per year likelihood of recovering the spotted owl natural disturbance alters habitat for the period from 1985 to 2006. population in British Columbia. In 2007, characteristics within the home range Northern spotted owl populations on the Spotted Owl Population (Bond et al. 2002, pp. 1024–1026). A Federal lands had better demographic Enhancement Team recommended to discussion of northern spotted owl

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home range size and use is included in also use cavities in live trees, hollow construction, dispersal ability, and the Primary Constituent Elements branches of fallen trees, crevices in large appropriate climatic conditions (Carey section of this proposed rule. stumps, stick nests of other species, and et al. 1999, p. 78). Reproductive success of northern lichen and twig nests they construct Home Range and Habitat Use spotted owls has been characterized as (Carey 1995, p. 658). Fungi a multi-stage process in which natal (mychorrhizal and epigeous types) are Territorial northern spotted owls dispersal and survival to reproductive prominent in their diet; however, seeds, remain resident on their home range age are the most vulnerable stages fruits, nuts, vegetation matter, insects, throughout the year; therefore, these (Carey and Peeler 1995, p. 236). and lichens may also represent a homes ranges must provide all the Nomadic adults and juveniles significant proportion of their diet habitat components needed for the dispersing from their natal area serve as (summarized in Courtney et al. 2004, survival and successful reproduction of sources of replacements for resident App. 4 p. 3–12). Northern flying squirrel a pair of owls. Northern spotted owls northern spotted owls that die or leave densities tend to be higher in older exhibit central-place foraging behavior their home range (Thomas et al. 1990, p. forest stands with ericaceous shrubs (Rosenberg and McKelvey 1999, p. 295). Habitat supporting movements of (e.g., Pacific rhododendron 1036), with much activity centered northern spotted owls between large (Rhododendron macrophyllum)) and an within a core area surrounding the nest habitat blocks is essential for successful abundance of large snags (Carey 1995, tree during the breeding season. During dispersal of both juvenile and adult p. 654), likely because these older fall and winter as well as in owls (Thomas et al. 1990, p. 271). The forests produce a higher forage biomass. nonbreeding years, owls often roost and ability of individuals to move among Flying squirrel density tends to increase forage in areas of their home range more more isolated populations reduces with stand age (Carey 1995, pp. 653– distant from the core. In nearly all potentially adverse genetic effects of 654; Carey 2000, p. 252), although studies of northern spotted owl habitat inbreeding and provides demographic managed and second-growth stands use, the amount of mature and old- support to declining populations sometimes also show high densities of growth forest was greater in core areas (Thomas et al. 1990, pp. 271–272). A squirrels, especially when canopy cover and home ranges than at random sites discussion of northern spotted owl is high (e.g., Rosenberg and Anthony on the landscape (Courtney et al. 2004, dispersal is included in the Physical 1992, p. 163; Lehmkuhl et al. 2006, pp. pp. 5–6, 5–13; also see USFWS 2011, and Biological Features and Primary 589–591). The main factors that may Appendix G for definitions of mature and old-growth forest), and forests were Constituent Elements sections of this limit northern flying squirrel densities less fragmented within spotted owl proposed rule. are the availability of den structures and home ranges (Hunter et al. 1995, p. 688). food, especially hypogeous (below Prey The amount of habitat at the core area ground) fungi or truffles (Gomez et al. Northern spotted owl diets vary scale shows the strongest relationships 2005, pp. 1677–1678). across owl territories, years, seasons, with home range occupancy (Meyer et and geographical regions (Forsman et al. For northern spotted owls in Oregon, al. 1998, p. 34; Zabel et al. 2003, 2001, pp.146–148; 2004, pp. 217–220). both dusky-footed and bushy-tailed p. 1036), survival (Franklin et al. 2000, However, four to six species of woodrats are important prey items p. 567; Dugger et al. 2005, p. 873), and nocturnal mammals typically dominate (Forsman et al. 2004, pp. 226–227), reproductive success (Ripple et al. 1997, their diets (Forsman et al. 2004, p. 218), whereas in Washington owls rely pp. 155–156; Dugger et al. 2005, p. 871). with northern flying squirrels being a primarily on the bushy-tailed woodrat A more complete description of the primary prey species in all areas. In (Forsman et al. 2001, p. 144). Habitats home range is presented in the Physical Washington, diets are dominated by that support bushy-tailed woodrats or Biological Features section of this northern flying squirrels, snowshoe hare usually include early seral mixed- document, under ‘‘Population Spatial (Lepus americanus), bushy-tailed conifer/mixed-evergreen forests close to Requirements.’’ woodrats (Neotoma cinerea), and boreal water (Carey et al. 1999, p. 77). Bushy- The size, configuration, and red-backed voles (Clethrionomys tailed woodrats reach high densities in characteristics of vegetation patches gapperi) (Forsman et al. 2001, p. 144). both old forests with openings and within home ranges affect northern In Oregon and northern California, closed-canopy young forests (Sakai and spotted owl survival and reproduction, northern flying squirrels in combination Noon 1993, pp. 376–378; Carey et al. a concept referred to as habitat fitness with dusky-footed woodrats, bushy- 1999, p. 73), and use hardwood stands potential (Franklin et al. 2000, p. 542). tailed woodrats, red tree voles in mixed-evergreen forests (Carey et al. Among studies that have estimated (Arborimus longicaudus), and deer mice 1999, p. 73). Bushy-tailed woodrats are habitat fitness potential, the effects of (Peromyscus maniculatus) comprise the important prey species south of the forest fragmentation and heterogeneity majority of diets (Courtney et al. 2004, Columbia River and may be more vary geographically. In the California pp. 41–31 to 4–32; Forsman et al. 2004, limited by abiotic features, such as the Klamath Province, locations for nesting p. 221). Northern spotted owls are also availability of suitable rocky areas for and roosting tend to be centered in known to prey on insects, other den sites (Smith 1997, p. 4) or the larger patches of old forest, but edges terrestrial mammals, birds, and presence of streams (Carey et al. 1992, between forest types may provide juveniles of larger mammals (e.g., p. 234; 1999, p. 72). Dense woodrat increased prey abundance and mountain beaver (Aplodontia rufa) populations in shrubby areas are likely availability (Franklin et al. 2000, (Forsman et al. 2001, p. 146; 2004, a source of colonists to surrounding p. 579). In the central Oregon Coast p. 223). forested areas (Sakai and Noon 1997, Range, northern spotted owls appear to Northern flying squirrels are p. 347), therefore forested areas with benefit from a mixture of older forests positively associated with late- nearby open, shrubby vegetation with younger forest and nonforested successional forests with high densities generally support high numbers of areas in their home range (Olson et al. of large trees and snags (Holloway and woodrats. The main factors that may 2004, pp. 1049–1050), a pattern similar Smith 2011, p. 671). Northern flying limit woodrats are access to stable, to that found in the California Klamath squirrels typically use cavities in large brushy environments that provide food, Province. Courtney et al. (2004, p. 5–23) snags as den and natal sites, but may cover from predation, materials for nest suggest that although in general large

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patches of older forest appear to be Climate Change final rule. On January 15, 1992, we necessary to maintain stable There is growing evidence that recent published a final rule designating populations of northern spotted owls, climate change has impacted a wide 6,887,000 acres (ac) (2,787,000 hectares home ranges composed predominantly range of ecological systems (Stenseth et (ha)) of Federal lands in Washington, of old forest may not be optimal for al. 2002, entire; Walther et al. 2002, Oregon, and California as critical habitat northern spotted owls in the California entire; Adahl et al. 2006, entire; Karl et for the northern spotted owl (57 FR Klamath Province and Oregon Coast al. 2009, entire). Climate change, 1796). On January 13, 2003, we entered Ranges Province. combined with effects from past into a settlement agreement with the The northern spotted owl inhabits American Forest Resources Council, management practices, is exacerbating most of the major types of coniferous Western Council of Industrial Workers, changes in forest ecosystem processes forests across its geographical range, Swanson Group Inc., and Rough & and dynamics to a greater degree than including Sitka spruce (Picea Ready Lumber Company, to conduct a originally anticipated under the NWFP. sitchensis), western hemlock (Tsuga 5-year status review of the northern Environmental variation affects all heterophylla), mixed conifer and mixed spotted owl and consider potential wildlife populations; however, climate evergreen, grand fir (Abies grandis), revisions to its critical habitat (Western change presents new challenges as Pacific silver fir (A. amabilis), Douglas- Council of Industrial Workers (WCIW) v. systems may change beyond historical fir (Pseudotsuga menziesii), redwood Secretary of the Interior, Civ. No. 02– ranges of variability. In some areas, (Sequoia sempervirens)/Douglas-fir (in 6100–AA (D. Or.)). On April 21, 2003, coastal California and southwestern changes in weather and climate may we published a notice initiating the 5- Oregon), white fir (A. concolor), Shasta result in major shifts in vegetation year review of the northern spotted owl red fir (A.magnifica var. shastensis), and communities that can persist in (68 FR 19569), and published a second the moist end of the ponderosa pine particular regions. information request for the 5-year (Pinus ponderosa) zone (Forsman et al. Climate change will present unique review on July 25, 2003 (68 FR 44093). 1984, pp. 15–16; Thomas et al. 1990, challenges to the future of northern We completed the 5-year review on p. 145). Habitat for northern spotted spotted owl populations and their November 15, 2004, concluding that the owls has traditionally been described as habitats. Northern spotted owl northern spotted owl should remain consisting of four functional types: distributions (Carroll 2010, entire) and listed as a threatened species under the Nesting, roosting, foraging, and population dynamics (Franklin et al. Act (USFWS 2004, entire). On dispersal habitats. Recent studies 2000, entire; Glenn et al. 2010, entire; November 24, 2010, we published a continue to support the practical value 2011a, entire; 2011b, entire) may be notice initiating a new 5-year review for of discussing northern spotted owl directly influenced by changes in the northern spotted owl (75 FR 71726); habitat usage by classifying it into these temperature and precipitation. In the information solicitation period for functional habitat types (Irwin et al. addition, changes in forest composition this review was reopened from April 20, 2000, p. 183; Zabel et al. 2003, p. 1028; and structure as well as prey species 2011 through May 20, 2011 (76 FR Buchanan 2004, p. 1334; Davis and Lint distributions and abundance resulting 22139), and the completed review was 2005, p. 21; Forsman et al. 2005, p. 372), from climate change may impact signed on September 29, 2011, and data from studies are available to availability of habitat across the concluding that the northern spotted describe areas used for these types of historical range of the subspecies. The owl was appropriately listed as a activities, so we retain it here to Revised Recovery Plan provides a threatened species. structure our discussion of the physical detailed discussion of the possible In compliance with the settlement or biological features of habitat essential environmental impacts to the habitat of agreement, as amended in the WCIW to the conservation of the northern the northern spotted owl from the case, we published a proposed revised spotted owl. projected effects of climate change critical habitat rule in the Federal Recent habitat modeling efforts have (USFWS 2011, pp. III–5 to III–11). Register on June 12, 2007 (72 FR 32450). also accounted for differences in habitat Because both spotted owl population On May 21, 2008, we published a notice associations across regions, which have dynamics and forest conditions are announcing the availability of a draft often been attributed to regional likely to be influenced by large-scale economic analysis and the reopening of differences in forest environments and changes in climate in the future, we the public comment period on the factors including available prey species have attempted to account for these proposed revised critical habitat (USFWS 2011, p. C–7). These recent influences in our designation of critical designation (73 FR 29471). This notice advances allowed for modeling of habitat by recognizing that forest also alerted the public of the northern spotted owl habitat by regions composition may change beyond the opportunity to comment on the to account for: (1) The degree of range of historical variation and that proposed revision of critical habitat in similarity between nesting/roosting and climate changes may have unpredictable the context of the recently released foraging habitats based on prey consequences for both Pacific Northwest Recovery Plan for the Northern Spotted availability; (2) latitudinal patterns of forests and northern spotted owls. This Owl, which was released on May 16, topology and climate; (3) regional proposed critical habitat designation 2008, and announced in the Federal patterns of topography, climate, and recognizes that forest management Register on May 21, 2008 (73 FR 29471). forest communities; and (4) practices that promote ecosystem health The 2008 recovery plan formed the basis geographical distribution of habitat under changing climate conditions will for the current designation of northern elements that influence the range of be essential for spotted owl spotted owl critical habitat, which we conditions occupied by northern conservation. published in the Federal Register on spotted owls (USFWS 2011, p. C–8). August 13, 2008 (73 FR 47325). Detailed characterizations of each of Previous Federal Actions Both the 2008 critical habitat these functional habitat types and their The northern spotted owl was listed designation and the 2008 recovery plan relative distribution are described in the as a threatened species on June 26, 1990 were challenged in court (Carpenters’ Physical or Biological Features and (55 FR 26114); a description of the Industrial Council v. Salazar, Case No. Primary Constituent Elements section of relevant previous Federal actions up to 1:08–cv–01409–EGS (D.DC)). In this document. the time of listing can be found in that addition, on December 15, 2008, the

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Inspector General of the Department of 2012, for issuance of the final revised 7(a)(2) of the Act would apply, but even the Interior issued a report entitled rule remains unchanged. This proposed in the event of a destruction or adverse ‘‘Investigative Report of The Endangered revision of critical habitat for the modification finding, the obligation of Species Act and the Conflict between northern spotted owl is in response to the Federal action agency and the Science and Policy,’’ which concluded the Court’s order. landowner is not to restore or recover that the integrity of the agency decision- the species, but to implement making process for the spotted owl Critical Habitat reasonable and prudent alternatives to recovery plan was potentially Background avoid destruction or adverse modification of critical habitat. jeopardized by improper political Critical habitat is defined in section 3 influence. As a result, the Federal Under the first prong of the Act’s of the Act as: definition of critical habitat, areas Government filed a motion in the (1) The specific areas within the within the geographical area occupied lawsuit for remand of the 2008 recovery geographical area occupied by the plan and the critical habitat designation by the species at the time it was listed species, at the time it is listed in that was based on it. On September 1, are included in a critical habitat accordance with the Act, on which are 2010, the Court issued an opinion designation if they contain physical or found those physical or biological remanding the 2008 recovery plan to us biological features: (1) Which are features; for issuance of a revised plan within 9 essential to the conservation of the (a) Essential to the conservation of the months. On September 15, 2010, we species, and (2) which may require species; and published a Federal Register notice (75 special management considerations or (b) Which may require special FR 56131) announcing the availability protection. For these areas, critical management considerations or of the Draft Revised Recovery Plan for habitat designations identify, to the protection; and the Northern Spotted Owl, and opened extent known using the best scientific (2) Specific areas outside the a 60-day comment period through and commercial data available, those geographical area occupied by the November 15, 2010. On November 12, physical or biological features that are species at the time it is listed, upon a 2010, we announced by way of press essential to the conservation of the determination that such areas are release an extension of the comment species (such as space, food, cover, and essential for the conservation of the period until December 15, 2010. protected habitat). In identifying those On November 30, 2010, we species. physical and biological features within announced in the Federal Register the Conservation, as defined under an area, we focus on the principal reopening of the public comment period section 3 of the Act, means to use and biological or physical constituent until December 15, 2010 (75 FR 74073). the use of all methods and procedures elements (primary constituent elements At that time we also announced the that are necessary to bring an such as roost sites, nesting grounds, availability of a synopsis of the endangered or threatened species to the rainfall, canopy cover, soil type) that are population response modeling results point at which the measures provided essential to the conservation of the for public review and comment. The pursuant to the Act are no longer species. supporting information regarding the necessary. Such methods and Under the second prong of the Act’s modeling process was posted on our procedures include, but are not limited definition of critical habitat, we can Web site. Of the approximately 11,700 to, all activities associated with designate critical habitat in areas comments received on the Draft Revised scientific resources management such as outside the geographical area occupied Recovery Plan, many requested the research, census, law enforcement, by the species at the time it is listed, opportunity to review and comment on habitat acquisition and maintenance, upon a determination that such areas more detailed information on the habitat propagation, live trapping, and are essential for the conservation of the modeling process in Appendix C. On transplantation, and, in the species. For example, an area that was April 22, 2011, we reopened the extraordinary case where population not occupied at the time of listing but comment period on Appendix C of the pressures within a given ecosystem is essential to the conservation of the draft revised recovery plan (76 FR cannot be otherwise relieved, may species may be included in the critical 22720); this comment period closed on include regulated taking. habitat designation. We designate May 23, 2011. On May 6, 2011, the Critical habitat receives protection critical habitat in areas outside the Court granted our request for an under section 7 of the Act through the geographical area occupied by a species extension of the due date for issuance of requirement that Federal agencies only when a designation limited to its the final revised recovery plan until July ensure, in consultation with the Service, range would be inadequate to ensure the 1, 2011. We published the notice of that any action they authorize, fund, or conservation of the species (50 CFR availability of the final Revised carry out is not likely to result in the 424.12(e)). Recovery Plan for the Northern Spotted destruction or adverse modification of Section 4 of the Act requires that we Owl in the Federal Register on July 1, critical habitat. The designation of designate critical habitat on the basis of 2011 (76 FR 38575). critical habitat does not affect land the best scientific and commercial data On October 12, 2010, the Court ownership or establish a refuge, available. Further, our Policy on remanded the 2008 critical habitat wilderness, reserve, preserve, or other Information Standards Under the designation, which had been based on conservation area. Such designation Endangered Species Act (published in the 2008 Recovery Plan for the Northern does not allow the government or public the Federal Register on July 1, 1994 (59 Spotted Owl, and adopted the Service’s to access private lands. Such FR 34271)), the Information Quality Act proposed schedule to issue a new designation does not require (section 515 of the Treasury and General proposed revised critical habitat rule for implementation of restoration, recovery, Government Appropriations Act for public comment by November 15, 2011, or enhancement measures by non- Fiscal Year 2001 (Pub. L. 106–554; H.R. and a final rule by November 15, 2012. Federal landowners. Where a landowner 5658)), and our associated Information The Court has subsequently extended requests Federal agency funding or Quality Guidelines, provide criteria, the date for delivery of the proposed authorization for an action that may establish procedures, and provide rule to the Federal Register to February affect a listed species or critical habitat, guidance to ensure that our decisions 28, 2012; the due date of November 15, the consultation requirements of section are based on the best scientific data

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available. They require our biologists, to occupied by the species at the time of population performance involves many the extent consistent with the Act and listing to designate as critical habitat, additional features (Loehle et al. 2011, with the use of the best scientific data we consider the physical or biological p. 20). This description of physical and available, to use primary and original features essential to the conservation of biological features summarizes both sources of information as the basis for the species and which may require variation in habitat use and particular recommendations to designate critical special management considerations or features or portions of the overall habitat. protection. These include, but are not gradient of variation that spotted owls When we are determining which areas limited to: preferentially select, and that we, should be designated as critical habitat, (1) Space for individual and therefore, consider essential to their our primary source of information is population growth and for normal conservation. We begin by considering generally the information developed behavior; the broad-scale patterns of climate, during the listing process for the (2) Food, water, air, light, minerals, or elevation, topography, and forest species. Additional information sources other nutritional or physiological community type that act to influence may include the recovery plan for the requirements; spotted owl distributions and space for species, articles in peer-reviewed (3) Cover or shelter; population growth and dispersal, and journals, conservation plans developed (4) Sites for breeding, reproduction, or then discuss the abundance and pattern by States and counties, scientific status rearing (or development) of offspring; of habitats used for nesting, roosting, surveys and studies, biological and and foraging at the landscape scale that assessments, other unpublished (5) Habitats that are protected from influence the availability and materials, or experts’ opinions or disturbance or are representative of the occupancy of breeding sites and the personal knowledge. historical, geographical, and ecological survival and fecundity of spotted owls. Habitat is dynamic, and northern distributions of a species. Thus, we begin by considering factors spotted owls may move from one area For the northern spotted owl, the that operate at broader spatial scales and to another over time. We recognize that physical or biological features essential proceed to factors that influence habitat critical habitat designated at a particular to the owl are forested areas that are quality at the stand scale. When we point in time may not include all of the used or likely to be used by northern discuss the physical or biological habitat areas that we may later spotted owl for nesting, roosting, features, we focus on features that are determine are necessary for the recovery foraging, or dispersing. The specific common rangewide, but also summarize of the species. For these reasons, a characteristics or components that specific features or patterns of habitat critical habitat designation does not comprise these features include, for selection that characterize particular signal that habitat outside the example, specific ranges of forest stand regions. designated area is unimportant or may density and tree size distribution; coarse not be needed for recovery of the woody debris; and specific resources, Physical Influences Related to Features species. Areas that are important to the such as food (prey and suitable prey Essential to the Northern Spotted Owl conservation of the species, both inside habitat), nest sites, cover, and other Climate, elevation, and topography and outside the critical habitat physiological requirements required by are features of the physical environment designation, will continue to be subject northern spotted owls and considered that influence the capacity of a to: (1) Conservation actions essential for the conservation of the landscape to support habitat with high implemented under section 7(a)(1) of species. We consider these specific value for spotted owls and the type of the Act, (2) regulatory protections primary constituent elements (PCEs) habitat needed by the species. The afforded by the requirement in section later; here we describe the life-history distribution and amount of habitat on 7(a)(2) of the Act for Federal agencies to needs of the owl and the physical and the landscape reflects interactions insure their actions are not likely to biological features essential to the among these physical elements. Several jeopardize the continued existence of conservation of the northern spotted studies have found that physical aspects any endangered or threatened species, owl, which informed our identification of the environment such as topographic and (3) the prohibitions of section 9 of of the PCEs. The following information position, aspect, and elevation influence the Act. Federally funded or permitted is based on studies of the habitat, spotted owl habitat selection (e.g., Clark projects affecting listed species outside ecology, and life history of the species 2007, pp. 97–111; Stalberg et al. 2009, their designated critical habitat areas as described in the final listing rule p. 80). They also are a factor in may still result in jeopardy findings in published in the Federal Register on determining the type of habitats some cases. These protections and June 26, 1990 (55 FR 26114), the essential to spotted owl conservation. conservation tools will continue to Revised Recovery Plan for the Northern Climate contribute to recovery of this species. Spotted Owl released on June 30, 2011, Similarly, critical habitat designations the Background section of this proposal, Population processes for spotted owls made on the basis of the best available and the following information. are affected by both large-scale information at the time of designation Although the northern spotted owl is fluctuations in climate conditions and will not control the direction and typically considered a habitat and prey by local weather variation (Glenn 2009, substance of future recovery plans, specialist, it uses a relatively broad pp. 246–248). The influence of weather habitat conservation plans (HCPs), or array of forest types for nesting, and climate on spotted owl populations other species conservation planning roosting, foraging, and dispersal. The has been documented in northern efforts if new information available at diversity of forest types used is a California (Franklin et al. 2000, pp. the time of these planning efforts calls reflection of the large geographical range 559–583), Oregon (Olson et al. 2004, pp. for a different outcome. of this subspecies and strong gradation 1047–1052; Dugger et al. 2005, pp. 871– in annual precipitation and temperature 877; Glenn et al. 2010, pp. 2546–2551), Physical or Biological Features associated with both coastal mountain and Washington (Glenn et al. 2010, pp. In accordance with section 3(5)(A)(i) ranges and the Cascade Range. While 2546–2551). Climate and weather effects and 4(b)(1)(A) of the Act and regulations the northern spotted owl is on spotted owls are mediated by at 50 CFR 424.12, in determining which unquestionably associated with old- vegetation conditions, and the areas within the geographical area growth forests, habitat selection and combination of climate and vegetation

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variables improves models designed to habitat appears to buffer the negative Elevation and Topography predict the distribution of spotted owls effects of cold, wet springs and winters Elevation and corresponding changes (e.g., Carroll 2010, pp. 1434–1437). on survival of spotted owls as well as in temperature/moisture regimes Climate niche models for the spotted ameliorate the effects of heat. High- constrain the development of vegetation owl identified winter precipitation as quality spotted owl habitat was defined communities selected by spotted owls, the most important climate variable in a northern California study area as a and may exceed the bounds of influencing ability to predict the mature or old growth core within a physiological tolerance of spotted owls distribution of spotted owl habitat mosaic of old and younger forest or their prey. Several studies have noted (Carroll 2010, p. 1434), a finding (Franklin et al. 2000, p.559). The high- the avoidance or absence of spotted consistent with previous demographic quality habitat can help maintain a owls above location-specific elevational studies that suggest negative effects of stable prey base, thereby reducing the limits (Blakesley et al. 1992, pp. 390– winter and spring precipitation on cost of foraging during the early 391; Hershey et al. 1998, p. 1406; survival, recruitment, and dispersal LaHaye and Gutie´rrez 1999, pp. 326, (Franklin et al. 2000; pp. 559–583). breeding season when energetic needs 328). In some locations, elevational Niche modeling suggested that are high (Carey et al. 1992, pp. 223–250; limits occur despite the presence of precipitation variables, both in winter Franklin et al. 2000, p. 559). In addition, forests that appear to have the structural and in summer, were more influential mature and old forest with high canopy characteristics typically associated with than winter and summer temperatures closure typically remains cooler during spotted owl habitat. Where forest (Carroll 2010, p. 1434–1436). summer months than younger stands. Wet, cold weather during the winter structure is not the apparent cause of Drought or hot temperatures during elevational limits, the mechanistic bases or nesting season, particularly the early the previous summer have also been nesting season, has been shown to of these limits are unknown, but they associated with reduced spotted owl could be related to prey availability, negatively affect spotted owl recruitment and survival (Glenn et al. reproduction (Olson et al. 2004, p.1039; competitors, or extremes of temperature 2010, p. 2546). Drier, warmer summers or precipitation. Habitat for spotted Dugger et al. 2005, p.863; Glenn et al. and drought conditions during the 2011b, p. 1279), survival (Franklin et al. owls can occur from sea level to the growing season strongly influence lower elevation limit of subalpine 2000, p. 539;, Olson et al. 2004, p. 1039; primary production in forests, food Glenn et al. 2011a, p. 159), and vegetation types. This elevation varies availability, and the population sizes of recruitment (Franklin et al. 2000 p. 559; with latitude from about 3,000 feet (ft) small mammals (Glenn et al. 2010, p. Glenn et al. 2010, p. 2546). Cold, wet (900 meters (m)) above sea level in weather may reduce reproduction and/ 2546). Northern flying squirrels, for coastal Washington and Oregon (Davis or survival during the breeding season example, forage primarily on and Lint 2005, p. 32) to about 6,000 ft due to declines or decreased activity in ectomycorrhizal fungi (truffles), many of (1,800 m) above sea level near the small mammal populations so that less which grow better under moist southern edge of the range (derived from food is available during reproduction conditions (Lehmkuhl et al. 2004, pp. Davis and Lint 2005, p. 32). when metabolic demands are high 58–60). Drier, warmer summers, or the Topography also influences the (Glenn et al. 2011b, pp. 1290–1294). high-intensity fires, which such distribution of spotted owl habitat and Wet, cold springs or intense storms conditions support, may change the patterns of habitat selection. The effects during this time may increase the risk range or availability of these fungi, of topography are strongest in drier of starvation in adult birds (Franklin et affecting northern flying squirrels and forests where aspect and insolation al. 2000, pp. 559–590). Cold, wet the spotted owls that prey on them. (amount of solar radiation received in weather may also reduce the male Periods of drought are associated with an area) contribute to moisture stress spotted owl’s ability to bring food to declines in annual survival rates for that can limit forest density and tree incubating females or nestlings other raptors due to a presumed growth. In drier forests east of the (Franklin et al. 2000, pp. 559–590). decrease in prey availability (Glenn et Cascades and in the Klamath region, Cold, wet nesting seasons have been al. 2010, pp. 2546–2551). suitable habitat can be concentrated at intermediate topographic positions, on shown to increase the mortality of Mexican spotted owls (S. o. lucida) nestlings due to chilling (Franklin et al. north-facing aspects, and in concave and California spotted owls (S. o. landforms that retain moisture. This 2000, pp. 559–590) and reduce the occidentalis) have a narrow temperature number of young fledged per pair per leads to a distribution of suitable habitat range where body temperature can be year (Franklin et al. 2000, p. 559, Olson characterized by ribbon-like bands and maintained without additional et al. 2004, p. 1047; Glenn et al. 2011b, discrete patches. Ribbons occur along metabolic energy expenditure (Ganey et 1279). Wet, cold weather may decrease drainages and valley bottoms, along the survival of dispersing juveniles during al. 1993, pp. 653–654; Weathers et al. north faces of ridges that trend from east their first winter, thereby reducing 2001, pp. 682–686). Others (e.g., to west, and at intermediate topographic recruitment (Franklin et al. 2000, Franklin et al. 2000, entire) have positions between drier pine-dominated pp.559–590). assumed the northern spotted owl to be forests at lower elevations and Franklin et al. (2000, pp. 582–583) similar in this regard. While winter subalpine forest types at higher argued that spotted owl populations are temperatures are relatively mild across elevations. Discrete patches occur on regulated or limited by both habitat much of the northern spotted owl’s top of higher plateaus and in concave quality and environmental factors such range, heat stress has been identified as landforms. Spotted owl populations as weather. Abundance and availability a potential stressor at temperatures inhabiting drier forests have higher of prey may ultimately limit spotted owl exceeding 30 °C (86 °F; Weathers et al. fecundity and lower survival rates than populations, and prey are strongly 2001, p. 678). The spotted owl’s owls in other regions (Hicks et al. 2003, associated with habitat conditions. As selection for areas with older-forest pp. 61–62; Anthony et al. 2006, pp. 28, habitat quality decreases, other factors characteristics has been hypothesized to 30;). The naturally fragmented such as weather have a stronger be related, in part, to its needing cooler distribution of suitable habitat in drier influence on demographic performance. areas in summer to avoid heat stress forests and increased predation risk In essence, the presence of high-quality (Barrows and Barrows 1978, entire). associated with traversing this

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landscape may be one of many features Cascade Crest, spotted owls select did historically (Hessburg et al. 2000a, that contributed to the evolution of forests with high proportions of pp. 77–78; Hessburg and Agee 2003, pp. these life-history characteristics. Douglas-fir trees. The effects of tree 44–51; Hessburg et al. 2005, pp. 122– Slope may also influence the species composition on habitat selection 127, 134–136; Skinner et al. 2006, pp. distribution of suitable habitat. also extend to hardwoods within 176–179; Skinner and Taylor 2006, pp. Intermediate slopes have been conifer-dominated forests (e.g., Meyer et 201–203). associated with spotted owl sites in al. 1998, p. 35). For example, our habitat Fire exclusion, combined with the some studies (e.g., Gremel 2005, p. 37; association modeling indicated that removal of fire-tolerant structures (e.g., Gaines et al. 2010, pp. 2048–2050; habitat value in the central Western large, fire-tolerant tree species such as USFWS 2011, Appendix C), but the Cascades was negatively related to ponderosa pine, western larch (Larix mechanisms underlying this association proportion of hardwoods present. At the occidentalis), and Douglas-fir), have are unclear, potentially including a home range and core area scales, reduced the resiliency of the landscape variety of features from soil depth to locations occupied by spotted owls to fire and other disturbances, especially competition with barred owls. consistently have greater amounts of in those forest types outside of the mature and old-growth forest compared wetter, higher severity fire regime types Biological Influences Related to to random locations or unused areas. (Agee 1993, pp. 280–319; Hessburg et al. Features Essential to the Northern The proportion of older forest within 2000a, pp. 71–80; Hessburg and Agee Spotted Owl the home range varies greatly by 2003, pp. 44–46). Understory vegetation Forest Community Type (Composition) geographical region, but typically falls in these forests has shifted in response between 30 and 78 percent (Courtney et to fire exclusion from grasses and Across their geographical range, al. 2004, p. 5–6). The only exception to shrubs to shade-tolerant conifers, spotted owl use of habitat spans several this pattern occurred in drier forests of reducing fire tolerance of these forests scales, with increasing levels of habitat Washington, where development of a and increasing drought stress on selection specificity at each scale. We dense understory of shade-tolerant trees dominant tree species. refer to these scales as the ‘‘landscape,’’ may have reduced suitability of older Anthropogenic activities have also ‘‘home range,’’ and ‘‘core area’’ scales. forests subjected to prolonged fire fundamentally changed the spatial Nest stands within core areas are even exclusion (Irwin et al. 2004, p. 20). In distribution of fire intolerant-stands more narrowly selected (see Functional studies where circles of different sizes among the fire-tolerant stands, changing Categories of Spotted Owl Habitat, in were compared, differences between the pattern of fire activity across the the Background section, above). spotted owl sites and random locations landscape. Past management has Landscapes supporting populations of diminished as circles of increasing size homogenized the formerly patchy spotted owls are the broadest scale we were evaluated (Courtney et al. 2004, p. vegetative network and reduced the will consider, encompassing areas 5–7), suggesting habitat selection is complexity that was more prevalent sufficient to support numerous stricter at the core area scale than at the during the pre-settlement era (Skinner reproductive pairs (roughly 20,000 to home range and landscape scales. 1995, pp. 224–226; Hessburg and Agee 200,000 ac (8,100 to 81,000 ha). Within 2003, pp. 44–45; Hessburg et al. 2007, landscapes, the northern spotted owl Disturbance Regimes p. 21; Kennedy and Wimberly 2009, pp. inhabits most of the major types of Natural disturbances and 564–565). Patches of fire-intolerant coniferous forests across its anthropogenic (human-caused) vegetation that had been spatially geographical range, including Sitka activities continuously shape the separated have become more contiguous spruce, western hemlock, mixed conifer amount and distribution of spotted owl and are more prone to conducting fire, and mixed evergreen, grand fir, Pacific habitat on the landscape. In moist insects, and diseases across larger silver fir, Douglas-fir, redwood/Douglas- forests west of the Cascades in swaths of the landscape (Hessburg et al. fir (in coastal California and Washington and Oregon, and in the 2005, pp. 71–74, 77–78). This southwestern Oregon), white fir, Shasta Redwood region, anthropogenic homogenized landscape may be altering red fir, and the moist end of the activities have a dominant influence on the size and intensity of current ponderosa pine zone (Forsman et al. distribution patterns of remaining disturbances and further altering 1984, pp. 8–9; Franklin and Dyrness habitat, with natural disturbances landscape functionality (e.g., Everett et 1988, numerous pages; Thomas et al. typically playing a secondary role. In al. 2000, pp. 221–222). This alteration 1990, p. 145). These forest types may be contrast, drier forests east of the in the disturbance regime further affects in early-, mid-, or late-seral stages, and Cascades and in the Klamath region forest structure and composition. must occur in concert with at least one have dynamic disturbance regimes that The intensity and spatial extent of of the physical or biological features continue to exert a strong influence on natural disturbances that affect the characteristic of breeding and spotted owl habitat. Climate change may amount, distribution, and quality of nonbreeding (dispersal) habitat, modify disturbance regimes across the spotted owl habitat in dry forests are described below. range of the spotted owl, resulting in also influenced by local topographic Landscape-level patterns in tree substantial changes to the frequency and features, elevation, and climate species composition and topography extent of habitat disruption by natural (Swanson et al. 1988, entire). At local can influence the distribution and events. scales these factors can be used to density of spotted owls. These In drier forests, low- and mixed- identify refugia that are insulated from differences in spotted owl distribution severity fires historically contributed to existing disturbance and consequently occur even when different forest types a high level of spatial and temporal tend to persist for longer periods (Camp have similar structural attributes, variability in landscape patterns of et al. 1997, entire). These disturbance suggesting that spotted owls may prefer disturbed and recovering vegetation. refugia are locations where spotted owl specific plant associations or tree However, anthropogenic activities have habitat has a higher likelihood of species. Some forest types, such as pine- so altered these historic patterns of developing and persisting in drier dominated and subalpine forests, are vegetation and fuels and associated forests. As a result of these disturbance infrequently used, regardless of their disturbance regimes that contemporary regimes, especially in the drier forests structural attributes. In areas east of the landscapes no longer function as they within its range, habitat for the northern

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spotted owl naturally occurs in a patchy and foraging. For example, in the spacing between reserves had a strong mosaic in various stages of suitability in northern parts of the subspecies’ range influence on successful dispersal these regions. Sufficient area to provide where territories are largest, a (Lamberson et al. 1992, pp. 508, 510– for these habitat dynamics and to allow population of 20 resident pairs would 511). Forsman et al. (2002, pp. 15–16) for the maintenance of adequate require at least 100,000 ac (about 40,500 reported dispersal distances of 1,475 quantities of suitable habitat on the ha) when habitat is relatively densely spotted owls in Oregon and Washington landscape at any one point in time is, distributed and of high-quality. for 1985 to 1996. Median maximum therefore, essential to the conservation As described in the Background dispersal distance (the straight-line of the northern spotted owl in the dry section above, several studies have distance between the natal site and the forest regions. examined patterns of spotted owl farthest location) for radio-marked habitat selection at the territory scale juvenile male spotted owls was 12.7 Pattern and Distribution of Habitat and the consequences of habitat miles (mi) (20.3 kilometers (km)), and Historically, forest types occupied by configuration within a territory on that of female spotted owls was 17.2 mi. the northern spotted owl were fairly fitness. We do not know if the features (27.5 km) (Forsman et al. 2002: Table 2). continuous, particularly in the wetter that contribute to enhancing spotted owl Dispersal data and other studies on the parts of its range in coastal northern occupancy and reproductive success at amount and configuration of habitat California and most of western Oregon the territory scale can be scaled up to necessary to sustain spotted owls and Washington. Suitable forest types in predict what landscape-scale patterns of provided the foundation for developing the drier parts of the range (interior habitat are most conducive to stable or previous spotted owl habitat reserve northern California, interior southern increasing spotted owl populations. systems. Given the range-wide declining Oregon, and east of the Cascade crest in Studies that use populations as units of trends in northern spotted owl Oregon and Washington) occur in a analysis in order to investigate the populations as well as declining trends mosaic pattern interspersed with effects of the landscape-scale in the recruitment of new individuals infrequently used vegetation types such configuration of habitat on the into territorial populations (Forsman et as open forests, shrubby areas, and performance of spotted owl populations al. 2011, pp. 59–66, Table 22), we have grasslands. As described above, natural have only begun. Past models of spotted determined that, to be essential, disturbance processes in these drier owl population dynamics have included physical and biological features must be regions likely contributed to a pattern in predictions about the effects of habitat positioned on the landscape to enable which patches of habitat in various configuration on population populations to persist and individual stages of suitability shift positions on performance, but these predictions have owls to disperse among populations. the landscape through time. In the not been tested or validated by In contrast to earlier designations of Klamath Mountains Provinces of Oregon empirical studies (Franklin and critical habitat, we did not develop an and California, and to a lesser extent in Gutie´rrez 2002; p. 215). Recent a priori rule set to identify those areas the Coast and Cascade Provinces of demographic analyses suggested that that provide the physical or biological California, large areas of serpentine soils recruitment was positively related to the features essential to the conservation of exist that are typically not capable of proportion of study areas covered by the owl, using factors such as minimum supporting northern spotted owl habitat suitable habitat (see Forsman et al. size of habitat blocks, targeted numbers (Davis and Lint 2005, pp. 31–33). 2011, pp. 59–62), but this covariate was of owl pairs, or maximum distance Population Spatial Requirements not associated with other aspects of between blocks of habitat. Instead, we demographic performance, and few determined the spatial extent and We have described a range of climatic, other covariates were investigated. placement of the areas providing the elevational, topographic, and When the spotted owl was listed as physical or biological features that are compositional factors, and associated threatened in 1990 (55 FR 26114), essential to the conservation of the owl disturbance dynamics typical of habitat loss and fragmentation of old- based on the relative demographic different regions, that constrain the growth forest were identified as major performance of various habitat models amount and distribution of spotted owl factors contributing to declines in tested. This process is summarized in habitat across landscapes. Within this spotted owl populations. As older Criteria Used to Identify Critical Habitat, context, areas that contain the physical forests were reduced to smaller and below, and is presented in detail in our and biological features described below more isolated patches, the ability of supporting documentation (Dunk et al. must provide habitat in an amount and spotted owls to successfully disperse 2012, entire). distribution sufficient to support and establish territories was likely persistent populations, including reduced (Lamberson et al. 1992, pp. Home Range Requirements metapopulations of reproductive pairs, 506, 508, 510–511). Lamberson et al. Northern spotted owls remain on their and opportunities for nonbreeding and (1992, pp. 509–511) identified that there home range throughout the year; dispersing owls to move among appeared to be a sharp threshold in the therefore, their home range must populations to be considered essential amount of habitat below which spotted provide all the habitat components and to the conservation of the northern owl population viability plummeted. prey needed for the survival and spotted owl. Lamberson et al. (1994, pp. 185–186, successful reproduction of a territorial Spotted owls are territorial, defending 192–194) concluded that size, spacing pair. The home range of a northern areas that vary across nearly an order of and shape of reserved areas all had spotted owl is relatively large, but varies magnitude, from about 1,400 to 14,000 strong influence on population in size across the range of the ac (570 to 5,700 ha), depending on persistence, and reserves that could subspecies (Courtney et al. 2004, p. 5– latitude and prey resources (see Home support a minimum of 20 spotted owl 24; 55 FR 26117, June 26, 1991). Home Range Requirements, below). Overlap territories were more likely to maintain range sizes are largest in Washington occurs among adjoining territories, but spotted owl populations than smaller (Olympic Peninsula: 14,271 ac (5775 ha) the large size of territories nonetheless reserves. They also found that juvenile (USDI 1992, p. 23; USFWS 1994 in litt., means that populations of spotted owls dispersal was facilitated in areas large p. 1) and generally decrease along a require landscapes with large areas of enough to support at least 20 spotted north-south gradient to approximately habitat suitable for nesting, roosting, owl territories. In addition to size, 1,430 ac (580 ha) in the Klamath region

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of northwestern California and southern Core Area Requirements Corridors of forest through fragmented Oregon (Zabel et al. 1995, p. 436). Northern spotted owls often use landscapes serve primarily to support Northern spotted owl home ranges are habitat within their home ranges relatively rapid movement through such generally larger where northern flying disproportionally, and exhibit central- areas, rather than colonization or squirrels are the predominant prey and place foraging behavior (Rosenberg and residency of nonbreeding owls. During the transience (movement) smaller where woodrats are the McKelvey 1999, p. 1028), with much phase, dispersers used mature and old- predominant prey (Zabel et al. 1995, p. activity centered within a core area growth forest slightly more than its 436). Home range size also increases surrounding the nest tree during the availability; during the colonization with increasing forest fragmentation breeding season. During fall and winter, phase, mature and old-growth forest was (Carey et al. 1992, p. 235; Franklin and as well as in nonbreeding years, owls used at nearly twice its availability Gutie´rrez 2002, p. 212; Glenn et al. often roost and forage in areas of their (Miller et al. 1997, p. 144). Closed pole- 2004, p. 45) and decreasing proportions home range more distant from the core. of nesting habitat on the landscape sapling-sawtimber habitat was used The size of core areas varies roughly in proportion to availability in (Carey et al. 1992, p. 235; Forsman et al. considerably across the subspecies’ 2005, p. 374), suggesting that northern both phases and may represent the geographical range following a pattern minimum condition for movement. spotted owls increase the size of their similar to that of home range size home ranges to encompass adequate Open sapling and clearcuts were used (Bingham and Noon 1997, p. 133), less than expected based on availability amounts of suitable forest types varying from over 4,057 ac (1,642 ha) in (Forsman et al. 2005, p. 374). during colonization (Miller et al. 1997, the northernmost (flying squirrel prey) p. 145). This indicates that transient Meta-analysis of features associated provinces (Forsman et al. 2005, pp. 370, with occupancy at the territory-scale dispersers can use a greater variety of 375) to less than 500 ac (202 ha) in the forested habitats relative to those indicated that spotted owls consistently southernmost (dusky-footed woodrat occupy areas having larger patches of subadults or nonbreeding adults that are prey) provinces (Pious 1995, pp. 9–10, residents; the latter individuals will older forests (which contained more Table 2; Zabel et al. 2003, pp. 1036– interior forest) that were more numerous require habitats that are more similar to 1038). Owls often switch nest trees and the nesting, roosting, and foraging and closer together than random sites use multiple core areas over time, (Franklin and Gutie´rrez 2002; p. 212). In habitats utilized by breeding pairs. possibly in response to local prey We currently do not have sufficient the Klamath and Redwood regions owls depletion or loss of a particular nest information to permit formal modeling also consistently occupy sites with tree. of dispersal habitat and the influence of higher forest heterogeneity than random Core areas contain greater proportions dispersal habitat condition on dispersal sites. Occupied sites in the Klamath of mature/old forest than random or success (USFWS 2011, p. C–15). We region, in particular, show a high degree nonuse areas (Courtney et al. 2004, p. 5– expect that dispersal success is highest of vegetative heterogeneity, with more 13), and the amount of high-quality when dispersers move through forests variable patch sizes and more perimeter habitat at the core area scale shows the that have the characteristics of nesting- edge than in other regions (Franklin and strongest relationships with occupancy roosting and foraging habitats. Spotted Gutie´rrez 2002; p. 212). In the Klamath (Meyer et al. 1998, p. 34; Zabel et al. owls can also disperse successfully region, ecotones, or edges between older 2003, pp. 1027, 1036), survival through forests with less complex forests and other seral stages, may (Franklin et al. 2000, p. 567; Dugger et structure, but risk of starvation and contribute to improved access to prey al. 2005, p. 873), and reproductive predation likely increase with (Franklin and Gutie´rrez 2002, p. 215). success (Ripple et al. 1997, pp. 155 to increasing divergence from the Several studies in the Klamath region 156; Dugger et al. 2005, p. 871). In some characteristics of suitable (nesting, and the Redwood region have found areas, edges between forest types within roosting, foraging) habitat. that variables describing the northern spotted owl home ranges may Relatively little information is relationship between habitat core area provide increased prey abundance and currently available about the features of and edge length improve the ability of availability (Franklin et al. 2000, p. habitats used by dispersing spotted models to predict spotted owl 579). For successful reproduction, core owls, or the effectiveness of different occupancy (e.g., Folliard et al. 2000, pp. areas need to contain one or more forest approaches to managing dispersal 79–81; Zabel et al 2003, pp. 1936–1038). stands that have both the structural habitat. The suitability of habitat to In contrast, spotted owl sites in the attributes and the location relative to contribute to successful dispersal of Oregon Coast Range had a more even other features in the home range that spotted owls is likely related to the distribution of cover types than random allow them to fulfill essential nesting, degree to which it ameliorates heat locations, and nest stands had a higher roosting, and foraging functions (Carey stress, provides abundant and accessible ratio of core to edge and more complex and Peeler 1995, pp. 233–236; prey, limits predation risk, and stand shapes than non-nest stands Rosenberg and McKelvey 1999, pp. resembles habitat in natal territories (Courtney et al. 2004, p. 5–9). 1035–1037). (Carey 1985, pp. 105–107; Buchanan A home range provides the habitat 2004, pp. 1335–1341). components essential for the survival Areas To Support Dispersal and Dispersal habitat is habitat that owls and successful reproduction of a Nonbreeding Owls use when dispersing. Although no resident breeding pair of northern Northern spotted owls regularly formal studies have been completed to spotted owls. The exact amount, quality, disperse through highly fragmented characterize dispersal habitat, a widely- and configuration of these habitat types forested landscapes that are typical of accepted rule of thumb is that while required for survival and successful the mountain ranges in western dispersal habitat would optimally be the reproduction varies according to local Washington and Oregon, and have same as suitable nesting, roosting, or conditions and factors such as the dispersed from the Coastal Mountains to foraging habitat (mature and old-growth degree of habitat fragmentation, the Cascades Mountains in the broad stands), if necessary owls can also make proportion of available nesting habitat, forested regions between the use of young stands of trees and primary prey species (Courtney et Willamette, Umpqua, and Rogue Valleys approximately 11 inches (in) (28 al. 2004, p. 5–2). of Oregon (Forsman et al. 2002, p. 22). centimeters (cm)) diameter at breast

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height (dbh) or greater with roughly a northern spotted owls die or leave their configured these zones based on a minimum 40 percent canopy closure. territories, and to providing adequate qualitative assessment of similarity Dispersal habitat consists of forest types gene flow across the range of the among ecological conditions and habitat described above that provide one or species. associations within the 11 different both of the habitat components regions analyzed, as these four zones Regional Variation in Habitat Use described below that are essential to the efficiently capture the range in variation dispersal of juvenile and nonterritorial Differences in patterns of habitat of some of the physical or biological northern spotted owls. Dispersal habitat associations across the range of the features essential to the conservation of can occur between larger blocks of spotted owl suggest four different broad the northern spotted owl. We nesting, foraging, and roosting habitat or zones of habitat use, which we summarize the physical or biological within blocks of nesting, roosting, and characterize as the West Cascades/Coast features for each of these four zones, foraging habitat. Dispersal habitat is Ranges of Oregon and Washington, East emphasizing zone-specific features that essential to maintaining stable Cascades, Klamath and Northern are distinctive within the context of populations by promoting rapid filling California Interior Coast Ranges, and general patterns that apply across the of territorial vacancies when resident Redwood Coast (Figure 4). We entire range of the northern spotted owl.

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West Cascades/Coast Ranges of Oregon Oregon (Western Cascades North, Climate in this zone is characterized by and Washington Central and South; North Coast Ranges high rainfall and cool to moderate This zone includes five regions west and Olympic Peninsula; and Oregon temperatures. Variation in elevation of the Cascade crest in Washington and Coast Ranges; USFWS 2011, p. C–13). between valley bottoms and ridges is

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relatively low in the Coast Ranges, and topography, especially slope Coast Range portion of the zone. Our creating conditions favorable for position in the north. Other efforts to habitat association models for this zone development of contiguous forests. In model habitat associations in this zone suggest that vegetation structure and contrast, the Olympic and Cascade have yielded similar results (e.g., Gaines topographic features are nearly equally ranges have greater topographic et al. 2010, pp. 2048–2050; Loehle et al. important in influencing owl population variation, with many high-elevation 2011, pp. 25–28). performance, particularly in the areas supporting permanent snowfields Relative to other portions of the Klamath. High canopy cover, high levels and glaciers. Douglas-fir and western subspecies’ range, nesting and roosting of canopy layering, and the presence of hemlock dominate forests used by habitat in this zone includes relatively very large dominant trees were all spotted owls. Root diseases and wind- younger and smaller trees, likely important features of nesting and throw are important natural disturbance reflecting the common usage of dwarf roosting habitat. Compared to other mechanisms that form gaps in forested mistletoe brooms (dense growths) as zones, additional foraging habitat for areas. Flying squirrels are the dominant nesting platforms (especially in the this zone showed greater divergence prey, with voles and mice also north). Forest composition that includes from nesting habitat, with much lower representing important items in the high proportions of Douglas-fir is also canopy cover and tree size. Low to spotted owl’s diet. associated with this nesting structure. intermediate slope positions were Our habitat association modeling Additional foraging habitat in this zone strongly favored. In the eastern Klamath, indicated that vegetation structure had a generally resembles nesting and roosting presence of Douglas-fir was an dominant influence on owl population habitat, with reduced canopy cover and important compositional variable in our performance, with habitat pattern and tree size, and reduced canopy layering. habitat model (USFWS 2011, Appendix topography also contributing. High High prey diversity suggests relatively C). canopy cover, high density of large diverse foraging habitats are used. trees, high numbers of sub-canopy Topographic position was an important Redwood Coast vegetation layers, and low to moderate variable, particularly in the north, This zone is confined to the northern slope positions were all important possibly reflecting competition from California coast, and is represented by features. barred owls (Singleton et al. 2010, pp. the Redwood Coast region (USFWS Nesting habitat in this zone is mostly 289, 292). Barred owls, which have been 2011, p. C–13). It is characterized by a limited to areas with large trees with present for over 30 years in northern maritime climate with moderate defects such as mistletoe brooms, portions of this zone, preferentially temperatures and generally mesic cavities, or broken tops. The subset of occupy valley-bottom habitats, possibly conditions. Near the coast, frequent fog foraging habitat that is not nesting/ compelling spotted owls to establish delivers consistent moisture during the roosting habitat generally had slightly territories on less productive, mid-slope summer. Terrain is typically low-lying lower values than nesting habitat for locations (Singleton et al. 2010, pp. 289, (0 to 900 m (0 to 3,000 ft)). Forest canopy cover, tree size and density, and 292). communities are dominated by canopy layering. Prey species in this redwood, Douglas-fir—tanoak Klamath and Northern California zone are associated with mature to late- (Lithocarpus densiflorus) forest, coast Interior Coast Ranges successional forests, resulting in small live oak (Quercus agrifolia), and tanoak differences between nesting, roosting, This zone includes the Klamath- series. Dusky footed woodrats are and foraging habitat. Siskiyou West, Klamath-Siskiyou East, dominant prey items in this zone. and Interior California Coast regions Habitat association models for this East Cascades (USFWS 2011, p. C–13). This region in zone diverged strongly from models for This zone includes the Eastern southwestern Oregon and northwestern other zones. Topographic variables Cascades North and Eastern Cascades California is characterized by very high (slope position and curvature) had a South regions (USFWS 2011, p. C–13). climatic and vegetative diversity dominant influence with vegetation This zone is characterized by a resulting from steep gradients of structure having a secondary role. Low continental climate (cold, snowy elevation, dissected topography, and position on slopes was strongly favored, winters and dry summers) and a high large differences in moisture from west along with concave landforms. frequency of natural disturbances due to to east. Summer temperatures are high, Several studies of spotted owl habitat fires and outbreaks of forest insects and and spotted owls occur at elevations up relationships suggest that stump- pathogens. Flying squirrels are the to 1,768 m (5,800 ft). Western portions sprouting and rapid growth of redwood dominant prey species, but the diet of of this zone support a diverse mix of trees, combined with high availability of spotted owls also includes relatively mesic forest communities interspersed woodrats in patchy, intensively large proportions of bushy-tailed with drier forest types. Forests of mixed managed forests, enables spotted owls to woodrats, snowshoe hare, pika, and conifers and evergreen hardwoods are occupy a wide range of vegetation mice (Forsman et al. 2001, pp. 144– typical of the zone. Eastern portions of conditions within the redwood zone. 145). this zone have a Mediterranean climate Rapid growth rates enable young stands Our modeling indicates that habitat with increased occurrence of ponderosa to develop structural characteristics associations in this zone do not show a pine. Douglas-fir dwarf mistletoe typical of older stands in other regions. pattern of dominant influence by one or (Arceuthobium douglasii) is rarely used Relatively small patches of large a few variables (USFWS 2011, for nesting platforms in the west, but remnant trees can also provide nesting Appendix C). Instead, habitat commonly used in the east. The prey habitat structure in this zone. association models for this zone base for spotted owls in this zone is included a large number of variables, correspondingly diverse, but dominated Physical or Biological Features and each making a relatively modest by dusky-footed woodrats, bushy-tailed Primary Constituent Elements contribution (20 percent or less) to the woodrats, and flying squirrels. Spotted Under the Act and its implementing predictive ability of the model. The owls have been well studied in the regulations, we are required to identify features that were most useful in Klamath portion of this zone, but the physical or biological features predicting habitat quality were relatively little is known about spotted essential to the conservation of the vegetation structure and composition, owl habitat use in the California Interior spotted owl in areas occupied at the

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time of listing, focusing on the features’ resources critical for nest site selection (Chow 2001, p. 24; reviewed in primary constituent elements (PCEs). and breeding, its characteristics tend to Courtney et al. 2004, pp. 5–14 to 5–16, The physical or biological features be conservative; stand structures at nest 5–23). Northern spotted owls use the essential to the conservation of the sites tend to vary little across the same habitat for both nesting and northern spotted owl are forested lands spotted owl’s range. Nesting stands roosting; the characteristics of roosting that are used or likely to be used for typically include a moderate to high habitat differ from those of nesting nesting, roosting, foraging, or canopy closure (60 to over 80 percent); habitat only in that roosting habitat dispersing. We have further determined a multilayered, multispecies canopy need not contain the specific structural that these physical or biological features with large (greater than 30 in (76 cm) features used for nesting (Thomas et may require special management dbh) overstory trees; a high incidence of al.1990, p. 62). Aside from the presence considerations or protection, as large trees with various deformities (e.g., of the nest structure, nesting and described in the section Special large cavities, broken tops, mistletoe roosting habitat are generally Management Considerations or infections, and other evidence of inseparable. Protection, below. We consider the PCEs decadence); large snags; large Habitat modeling developed for the to be the specific elements that accumulations of fallen trees and other Revised Recovery Plan (USFWS 2011, comprise the physical or biological woody debris on the ground; and Appendix C) and used as one means of features that are essential to the sufficient open space below the canopy helping us identify potential critical conservation of the species. For the for northern spotted owls to fly (Thomas habitat for the northern spotted owl northern spotted owl, the primary et al. 1990, p. 164; 57 FR 1798, January supports previous descriptions of constituent elements are the specific 15, 1992). These findings were recently nesting habitat (57 FR 1796, January 15, characteristics that make areas suitable reinforced in rangewide models 1992; 73 FR 47326, August 13, 2008), for nesting, roosting, foraging and developed by Davis and Dugger (2011, and suggests a high degree of similarity dispersal habitat. To be essential to the Table 3–1, p. 39), who found that stands among the 11 ecological regions across conservation of the northern spotted used for nesting (moderate to high the range of the species. Across regions, owl, these features need to be suitability) exhibited high canopy cover moderate to high suitability nesting distributed in a spatial configuration of conifers (65 to 89 percent), large trees habitat was characterized as having high that is conducive to persistence of (mean diameter from 20 to 36 in (51 to canopy cover (65 to over 80 percent) 2 2 spotted owl populations, survival and 91 cm)), with a forest density of 6 to 19 and high basal area (240 ft /ac; (55 m / reproductive success of resident pairs, large trees (greater than 30 in dbh) per ha), mean dbh of conifers at least 16.5 and survival of dispersing individuals acre (15 to 47 large trees (greater than to 24 in (42 to 60 cm), and a significant until they can recruit into a breeding 76 cm dbh) per hectare), and high component of larger trees (greater than population. diameter diversity. 30 in (75 cm)). Physical or Biological Features by Life- Recent studies have found that Foraging Habitat History Function northern spotted owl nest stands tend to Habitats used for foraging by northern Each of the essential features—in this have greater tree basal area, number of spotted owls vary widely across the case, forested lands that provide the canopy layers, density of broken-top spotted owl’s range, in accordance with functional categories of northern spotted trees, number or basal area of snags, and ecological conditions and disturbance owl habitat—comprises a complex volume of logs (Courtney et al. 2004, pp. regimes that influence vegetation interplay of structural elements, such as 5–16 to 5–19, 5–23) than non-nest structure and prey species distributions. tree size and species, stand density, stands. In some forest types, northern In general, spotted owls select old canopy diversity, and decadence. spotted owls nest in younger forest forests for foraging in greater proportion Spotted owls have been shown to stands that contain structural than its availability at the landscape exhibit strong associations with specific characteristics of older forests (legacy scale (Carey et al. 1992, pp. 236 to 237; PCEs; however, the range of features from previous stands before Carey and Peeler 1995, p. 235; Forsman combinations of PCEs that may disturbance). In the portions of the et al. 2005, pp. 372–373), but will forage constitute habitat (particularly foraging spotted owl’s range where Douglas-fir in younger stands and brushy openings habitat) is broad. In addition, the dwarf mistletoe occurs, infected trees with high prey densities and access to relative importance of specific habitat provide an important source of nesting prey (Carey et al. 1992, p. 247; elements (and subsequently their platforms (Buchanan et al. 1993, pp. 4– Rosenberg and Anthony 1992, p. 165; relevance as PCEs) is strongly 5). Nesting northern spotted owls Thome et al. 1999, pp. 56–57). influenced by physical factors such as consistently occupy stands having a Throughout much of the owl’s range, elevation and slope position, and the high degree of canopy cover that may the same habitat that provides for degree to which physical factors provide thermoregulatory benefits nesting and roosting also provides for influence the role of individual PCEs (Weathers et al. 2001, p. 686), allowing foraging, although northern spotted varies geographically. In addition to northern spotted owls a wider range of owls have greater flexibility in utilizing forest type, the key elements of habitats choices for locating thermally neutral a variety of habitats for foraging than with the physical or biological features roosts near the nest site. A high degree they do for nesting and roosting. That is, essential for the conservation of the of canopy closure may also conceal habitats that meet the species’ needs for northern spotted owl may be organized northern spotted owls, reducing nesting and roosting generally also as follows: potential predation. Studies of roosting provide for foraging (and dispersal) locations found that northern spotted requirements of the owl. However, in Nesting and Roosting Habitat owls tended to use stands with greater some areas owls may use other types of Nesting and roosting habitat provides vertical canopy layering (Mills et habitats for foraging in addition to those structural features for nesting, al.1993, pp. 318–319), canopy closure used for nesting and roosting, thus protection from adverse weather (King 1993, p. 45), snag diameter (Mills habitat that supports foraging (or conditions, and cover to reduce et al. 1993, pp. 318–319), diameter of dispersal) does not always support the predation risks for adults and young. large trees (Herter et al. 2002, pp. 437, other PCEs and does not necessarily Because nesting habitat provides 441), and amounts of large woody debris provide for nesting or roosting.

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Variation in the potential use of various stand diameter and densities of trees dense shrub and hardwood cover, and foraging habitats throughout the range of greater than 26 in (66 cm) (Irwin et al. woody debris. the northern spotted owl is described 2012, p. 206) and mean stand diameter Models developed for the Revised here. greater than 21 in (52.5 cm) (Solis and Recovery Plan (USFWS 2011, Appendix Gutierrez 1990, p. 747), high canopy West Cascades/Coast Ranges of Oregon C) to assess habitat suitability for the and Washington cover (87 percent at frequently used northern spotted owl across the range of sites; Solis and Gutierrez 1990, p. 74, the species and applied here to help In the West Cascades/Coast Ranges of Table 3), and multiple canopy layers Oregon and Washington, high-quality identify potential critical habitat were (Solis and Gutierrez 1990, p. 74; based on habitat conditions within 500- foraging habitat is also nesting/roosting Anthony and Wagner 1999, pp. 14, 17). habitat. Foraging activity is positively acre (200-ha) core areas. Because core However, other habitat elements are areas support a mix of nesting, roosting, associated with tree height diversity disproportionately used, particularly (North et al. 1999, p. 524), canopy and foraging habitats, their forest patches within riparian zones of characteristics provide a basis for closure (Irwin et al. 2000, p. 180; low-order streams (Solis and Gutierrez Courtney et al. 2004, p. 5–15), snag identification and quantification of 1990, p. 747; Irwin et al. 2012, p. 208) PCEs. volume, density of snags greater than 20 and edges between conifer and in (50 cm) dbh (North et al. 1999, p. 524; hardwood forest stands (Zabel et al Nonbreeding and Dispersal Habitat Irwin et al. 2000, pp. 179–180; Courtney 1995, pp. 436–437; Ward et al. 1998, pp. et al. 2004, p. 5–15), density of trees 86, 88–89). Foraging use is positively Although the term ‘‘dispersal’’ greater than or equal to 31 in (80 cm) influenced by conifer species, including frequently refers to post fledgling dbh (North et al. 1999, p. 524) density incense-cedar (Calocedrus decurrens), movements of juveniles, for the of trees 20 to 31 in (51 to 80 cm) dbh sugar pine (P. lambertiana), Douglas-fir, purposes of this rule we are using the (Irwin et al. 2000, pp. 179–180), and and hardwoods such as bigleaf maple term to include all movement during volume of woody debris (Irwin et al. (Acer macrophyllum), California black both the transience and colonization 2000, pp. 179–180). oak (Q. kelloggii), live oaks, and Pacific phase, and to encompass important While the majority of studies reported madrone (Arbutus menziesii) as well as concepts of linkage and connectivity strong associations with old-forest shrubs (Sisco 1990, p. 20; Irwin et al. among owl subpopulations. Population characteristics, younger forests with 2012, pp. 206–207, 209–210), growth can only occur if there is some structural characteristics (legacy presumably because they produce mast adequate habitat in an appropriate features) of old forests (Carey et al. 1992, important for prey species. Within a configuration to allow for the dispersal pp. 245 to 247; Irwin et al. 2000, pp. 178 mosaic of mature and older forest of owls across the landscape. Although to 179), hardwood forest patches and habitat, brushy openings and dense habitat that allows for dispersal may edges between old forest and hardwoods young stands or low-density forest currently be marginal or unsuitable for (Glenn et al. 2004, pp. 47–48) are also patches also receive some use (Sisco nesting, roosting, or foraging, it provides used by foraging spotted owls. 1990, pp. 9, 12, 14, 16; Zabel et al. 1993, an important linkage function among East Cascades p. 19; Irwin et al. 2012, pp. 209–210). blocks of nesting habitat both locally and over the owl’s range that is essential Foraging habitats used by spotted Redwood Coast to its conservation. However, as noted owls in the East Cascades of Oregon, above, we expect dispersal success is Washington and California were similar The preponderance of information highest when dispersers move through to those used in the Western Cascades, regarding habitats used for foraging by forests that have the characteristics of but can also encompass forest stands spotted owls in the Redwood Coast zone nesting-roosting and foraging habitats. that exhibit somewhat lower mean tree comes from intensively managed Although spotted owls may be able to sizes (quadratic mean diameter 16–22 in industrial forests. In these move through forests with less complex (40–55 cm) (Irwin et al. 2012, p. 207). environments, which comprise the structure, survivorship is likely However, foraging activity was still majority of the redwood region, decreased. Dispersal habitat, at a positively associated with densities of interspersion of foraging habitat and minimum, consists of stands with large trees (greater than 26 in (66 cm)) prey-producing habitat appears to be an adequate tree size and canopy closure to and increasing basal area (Irwin et al. important element of habitat suitability. provide protection from avian predators 2012, p. 206). Stands composed of Foraging habitat is used by owls to and at least minimal foraging Douglas-fir and white fir/Douglas-fir access prey and is characterized by a opportunities; there may be variations mix were preferred in some regions, wide range of tree sizes and ages. over the owl’s range (e.g., drier site in whereas stands dominated by ponderosa Foraging activity by owls is positively the east Cascades or northern pine were avoided (Irwin et al. 2012, p. associated with density of small to California). This may include younger 207). medium sized trees (10 to 22 in (25 to 56 cm)) and trees greater than 26 in (66 and less diverse forest stands than Klamath and Northern California cm) in diameter (Irwin et al. 2007b, p. foraging habitat, such as even-aged, Interior Coast Ranges 19) or greater than 41 years of age pole-sized stands, but such stands Because diets of northern spotted (MacDonald et al. 2006, p. 381). should contain some roosting structures owls in the Klamath and Northern Foraging was also positively associated and foraging habitat to allow for California Interior Coast Ranges consist with hardwood species, particularly temporary resting and feeding during predominantly of both northern flying tanoak (MacDonald et al. 2006, pp. 380– the transience phase. squirrels and dusky-footed woodrats, 382; Irwin et al. 2007a, pp. 1188–1189). Habitat supporting nonbreeding habitats used for foraging spotted owls Prey-producing habitats occur within spotted owls or the colonization phase are much more variable than in northern early-seral habitats 6 to 20 years old of dispersal is generally equivalent to portions of the species’ range. As in (Hamm and Diller 2009, p. 100, Table nesting, roosting, and foraging habitat other regions, foraging spotted owls 2), typically resulting from clearcuts or and is described above, although it may select stands with mature and old-forest other intensive harvest methods. Habitat be in smaller amounts than that needed characteristics such as increasing mean elements within these openings include to support nesting pairs.

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Primary Constituent Elements for the (vi) Large snags and large height) increases foraging habitat Northern Spotted Owl accumulations of fallen trees and other quality; (v) Large accumulations of fallen trees Based on our current knowledge of woody debris on the ground, and (vii) Sufficient open space below the and other woody debris on the ground; the life history, biology, and ecology of canopy for northern spotted owls to fly. and the northern spotted owl and the (3) Habitat that provides for foraging, (vi) Sufficient open space below the requirements of the habitat to sustain its which varies widely across the northern canopy for northern spotted owls to fly. essential life-history functions, as spotted owl’s range, in accordance with described above, we have determined (c) Klamath and Northern California ecological conditions and disturbance that the PCEs for the northern spotted Interior Coast Ranges regimes that influence vegetation owl are: structure and prey species distributions. (i) Stands of nesting and roosting (1) Forest types that may be in Across most of the owl’s range, nesting habitat; in addition, other forest types early-, mid-, or late-seral stages and that and roosting habitat is also foraging with mature and old-forest support the northern spotted owl across habitat, but in some regions northern characteristics; its geographical range; these forest types spotted owls may additionally use other (ii) Presence of the conifer species, are primarily: habitat types for foraging as well. The incense-cedar, sugar pine, Douglas-fir, (a) Sitka spruce, specific foraging habitat PCEs for the and hardwood species such as bigleaf (b) Western hemlock, four ecological zones within the maple, black oak, live oaks, and (c) Mixed conifer and mixed geographical range of the northern madrone, as well as shrubs; evergreen, spotted owl are the following: (iii) Forest patches within riparian (d) Grand fir, zones of low-order streams and edges (e) Pacific silver fir, (a) West Cascades/Coast Ranges of between conifer and hardwood forest (f) Douglas-fir, Oregon and Washington stands; (g) White fir, (i) Stands of nesting and roosting (iv) Brushy openings and dense young (h) Shasta red fir, habitat; additionally, owls may use stands or low-density forest patches (i) Redwood/Douglas-fir (in coastal younger forests with some structural within a mosaic of mature and older California and southwestern Oregon), characteristics (legacy features) of old forest habitat; and forests, hardwood forest patches, and (v) High canopy cover (87 percent at (j) The moist end of the ponderosa edges between old forest and frequently used sites); pine coniferous forests zones at hardwoods; (vi) Multiple canopy layers; elevations up to approximately 3,000 ft (ii) Moderate to high canopy closure (vii) Mean stand diameter greater than (900 m) near the northern edge of the (60 to over 80 percent); 21 in (52.5 cm); range and up to approximately 6,000 ft (iii) A diversity of tree diameters and (viii) Increasing mean stand diameter (1,800 m) at the southern edge. heights; and densities of trees greater than 26 in (2) Habitat that provides for nesting (iv) Increasing density of trees greater (66 cm) increases foraging habitat and roosting. In many cases the same than or equal to 31 in (80 cm) dbh quality; habitat also provides for foraging (PCE increases foraging habitat quality (ix) Large accumulations of fallen (3)). Nesting and roosting habitat (especially above 12 trees per ac (30 trees and other woody debris on the provides structural features for nesting, trees per ha)); ground; and protection from adverse weather (v) Increasing density of trees 20 to 31 (x) Sufficient open space below the conditions, and cover to reduce in (51 to 80 cm) dbh increases foraging canopy for northern spotted owls to fly. predation risks for adults and young. habitat quality (especially above 24 trees (d) Redwood Coast per ac (60 trees per ha)); This PCE is found throughout the (i) Nesting and roosting habitat; in geographical range of the northern (vi) Increasing snag basal area, snag volume (the product of snag diameter, addition, stands composed of hardwood spotted owl, because stand structures at tree species, particularly tanoak; nest sites tend to vary little across the height, estimated top diameter, and including a taper function (North et al. (ii) Early-seral habitats 6 to 20 years spotted owl’s range. These habitats must old with dense shrub and hardwood provide: 1999, p. 523)), and density of snags greater than 20 in (50 cm) dbh all cover and abundant woody debris; these (a) Sufficient foraging habitat to meet habitats produce prey, and must occur the home range needs of territorial pairs contribute to increasing foraging habitat quality, especially above 4 snags per ac in conjunction with nesting, roosting, or of northern spotted owls throughout the foraging habitat; year. (10 snags per ha); (vii) Large accumulations of fallen (iii) Increasing density of small-to- (b) Stands for nesting and roosting trees and other woody debris on the medium sized trees (10 to 22 in (25 to that are generally characterized by: ground; and 56 cm)) increases foraging habitat (i) Moderate to high canopy closure (viii) Sufficient open space below the quality; (60 to over 80 percent), canopy for northern spotted owls to fly. (iv) Trees greater than 26 in (66 cm) (ii) Multilayered, multispecies in diameter or greater than 41 years of canopies with large (20–30 in (51–76 (b) East Cascades age; and cm) or greater dbh) overstory trees, (i) Stands of nesting and roosting (v) Sufficient open space below the (iii) High basal area (greater than 240 habitat; canopy for northern spotted owls to fly. ft2/acre (55 m2/ha)), (ii) Stands composed of Douglas-fir (4) Habitat to support the transience (iv) High diversity of different and white fir/Douglas-fir mix; and colonization phases of dispersal, diameters of trees, (iii) Mean tree size greater than 16.5 which in all cases would optimally be (v) High incidence of large live trees in (42 cm) quadratic mean diameter; composed of nesting, roosting, or with various deformities (e.g., large (iv) Increasing density of large trees foraging habitat (PCEs (2) or (3)), but cavities, broken tops, mistletoe (greater than 26 in (66 cm)) and which may also be composed of other infections, and other evidence of increasing basal area (the total area forest types that occur between larger decadence), covered by trees measured at breast blocks of nesting, roosting, and foraging

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habitat. In cases where nesting, roosting, subunits may contain only those PCEs owl is present throughout the range of or foraging habitats are insufficient to necessary to support the species’ the northern spotted owl, special provide for dispersing or nonbreeding particular use of that habitat. However, management considerations or owls, the specific dispersal habitat PCEs all of the areas proposed for designation protections may be required in all of the for the northern spotted owl may be support at least the first PCE described proposed critical habitat units and provided by the following: (forest-type), in conjunction with at subunits to ensure the northern spotted (a) Habitat supporting the transience least one other PCE. Thus PCE (1) must owl has sufficient habitat available to phase of dispersal, which includes: always occur in concert with at least withstand competitive pressure from the (i) Stands with adequate tree size and one additional PCE (PCE 2, 3, or 4). barred owl (Dugger et al. 2011, pp. 2459, canopy closure to provide protection 2467). In addition, scientific peer from avian predators and minimal Special Management Considerations or Protection reviewers and Forsman et al. (2011, p. foraging opportunities; in general this 77) recommended that we address may include, but is not limited to, trees The term critical habitat is defined in currently observed downward with at least 11 in (28 cm) dbh and a section 3(5)(A) of the Act, in part, as demographic trends in spotted owl minimum 40 percent canopy closure; geographical areas on which are found populations by protecting currently and those physical or biological features occupied sites as well as historically (ii) Younger and less diverse forest essential to the conservation of the occupied sites, and by maintaining and stands than foraging habitat, such as species and ‘‘which may require special restoring older and more structurally even-aged, pole-sized stands, if such management considerations or complex multi-layered conifer forests on stands contain some roosting structures protection.’’ Accordingly, in identifying all lands (USFWS 2011, pp. III–42 to III– and foraging habitat to allow for critical habitat in areas occupied at the 43). The types of management or temporary resting and feeding during time of listing, we determine whether protections that may be required to the transience phase. the features essential to the conservation achieve these goals and maintain the (b) Habitat supporting the of the species on those areas may physical or biological features essential colonization phase of dispersal, which require any special management actions to the conservation of the owl in is generally equivalent to nesting, or protection. Here we present a occupied areas vary across the range of roosting, and foraging habitat as discussion of the special management the species. Some areas of northern described in PCEs (2) and (3), but may considerations or protections that may be smaller in area than that needed to spotted owl habitat, particularly in be required throughout the proposed wetter forest types, are unlikely to be support nesting pairs. critical habitat for the northern spotted enhanced by active management This proposed revised designation owl. activities but instead need protection of describes the physical or biological An effective critical habitat strategy features and their primary constituent needs to conserve extant, high-quality the essential features, whereas other elements essential to support the life- northern spotted owl habitat in order to forest areas would likely benefit from history functions of the northern spotted reverse declining population trends and more proactive forestry management. owl. We have determined that all of the address the threat from barred owls. The For example, in drier, more fire-prone units and subunits proposed for northern spotted owl was initially listed regions of the owl’s range, habitat designation were most likely occupied as a threatened species due largely to conditions will likely be more dynamic, by the northern spotted owl at the time both historical and ongoing habitat loss and more active management may be of listing, with the exception of one and degradation. The recovery of the required to reduce the risk of the subunit, and that, depending on the northern spotted owl therefore requires essential physical or biological features scale at which occupancy is considered, both protection of habitat and from fire, insects, disease, and climate some smaller areas within the subunits management where necessary to provide change as well as to promote may have been unoccupied at the time sufficient high-quality habitat to allow regeneration following disturbance. of listing. In such cases, we have for population growth and to provide a As discussed in detail in the Revised evaluated those areas and determined buffer against threats such as Recovery Plan (USFWS 2011, pp. III–11 that they are essential to the competition with the barred owl. to III–39), long-term spotted owl conservation of the species, as described Recovery Criterion 3 in the Revised recovery could benefit from forest in Criteria Used to Identify Critical Recovery Plan for the Northern Spotted management where the basic goals are Habitat. The Criteria section also Owl is the ‘‘Continued Maintenance and to restore or maintain ecological describes our evaluation of the amount Recruitment of Spotted Owl Habitat,’’ processes and resilience. Special and configuration of the physical or which is further described as the management considerations or biological features on the landscape to achievement of a stable or increasing protections may be required throughout determine where those features are trend in spotted owl nesting, roosting, the proposed critical habitat to achieve essential to the conservation of the and foraging habitat throughout the these goals and benefit the conservation spotted owl. We have further range of the species. Meeting this of the owl. The natural ecological determined that the physical or recovery criterion will require special processes and landscape that once biological features essential to the management considerations or provided large areas of relatively conservation of the northern spotted protection of the physical or biological contiguous spotted owl habitat have owl require special management features essential to the conservation of been altered by a history of considerations or protection, as the northern spotted owl in all of the anthropogenic activities such as timber described below. proposed critical habitat units and harvest, road construction, In areas occupied at the time of subunits, as described here. development, agricultural conversion, listing, not all of the proposed revised The 2011 Revised Recovery Plan for and fire suppression. The resilience of critical habitat will contain all of the the Northern Spotted Owl describes the these systems is now additionally PCEs, because not all life-history three main threats to the spotted owl as challenged by the effects of climate functions require all of the PCEs. Some competition from barred owls, past change. As recommended in the Revised subunits contain all PCEs and support habitat loss, and current habitat loss Recovery Plan for the Northern Spotted multiple life processes, while some (USFWS 2011, p. III–42). As the barred Owl, active forest management may be

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required throughout the range of the owl of moist forests to conserve or protect entire), and others cited in the Revised with the goal of maintaining or restoring older stands that contain northern Recovery Plan for the Northern Spotted forest ecosystem structure, composition, spotted owl sites (RA10: USFWS 2011, Owl (USFWS 2011, pp. III–14, III–17 to and processes so they are sustainable p. 43) or contain high-value northern III–19). and resilient under current and future spotted owl habitat (RA32: USFWS These special management climate conditions to provide for the 2011, p. 67). Silvicultural treatments are considerations or protections apply to long-term conservation of the species generally not needed to maintain Units 1, 2, 4, 5 and 6 of the proposed (USFWS 2011, p. III–13). For example, existing old-growth forests on moist revised critical habitat. in some areas past management sites (Wimberly et al. 2004, p. 155; East Cascades practices have decreased age-class Johnson and Franklin 2009, pp. 3, 39). diversity and altered the structure of In contrast to dry and mesic forests, Special management considerations forest patches; in these areas, short-term fire risk is generally lower in or protection may be required in the management such as targeted vegetation the moist forests that dominate on the East Cascades to address the effects of treatments could simultaneously reduce west side of the Cascade Range, and past activities associated with Euro- fuel loads and increase canopy and age- occur east of the Cascades as a higher- American settlement, such as timber class diversity (USFWS 2011, p. III–18). elevation band or as peninsulas or harvest, livestock grazing, fire Special management considerations or inclusions in mesic forests. Disturbance- suppression, and fire exclusion, that protections may be required in areas based management for forests and have substantially altered the inland with regeneration harvest in moist northern spotted owls in moist forest northwest, modifying the patterns of forests to enhance within-stand areas should be different from that vegetation and fuels, and subsequent structural diversity, by emphasizing the applied in dry or mesic forests. Efforts disturbance regimes to the degree that retention of larger and older trees, or to alter either fuel loading or potential contemporary landscapes no longer any trees with characteristics that create fire behavior in these sites could have function as they did historically stand diversity, and may even require undesirable ecological consequences as (Hessburg et al. 2000a, pp. 74–81; specific actions to maintain or develop well (Johnson and Franklin 2009, p. 39; Hessburg and Agee 2003, pp. 44–46; suitable nest structures (USFWS 2011, Mitchell et al. 2009, pp. 653–654; Hessburg et al. 2005, pp. 134–135; p. III–20). In dry forest regions, where USFWS 2011, p. III–17). Skinner et al. 2006, pp. 178–179; natural disturbance regimes and In general, to advance long-term Skinner and Taylor 2006, pp. 201–203). vegetation structure, composition, and northern spotted owl recovery and This has affected not only the existing distribution have been substantially ecosystem restoration in moist forests in forest and disturbance regimes, but the altered since Euro-American settlement, the face of climate change and past quality, amount, and distribution of vegetation management may be required management practices, special northern spotted owl habitat on the to retain spotted owl habitat on the management considerations or landscape. In order to preserve the landscape by altering fire behavior and protections may be required that follow essential physical or biological features, severity, and potentially to restore a these principles as recommended in the these dynamic, disturbance-prone more natural balance between forest 2011 Revised Recovery Plan (USFWS forests must be managed in a way that vegetation and disturbance regimes. 2011, p. III–18): promotes northern spotted owl Special management considerations (1) Conserve older stands that have conservation, responds to climate may be required to maintain adequate occupied or high-value northern spotted change, and restores dry forest spotted owl habitat in the near term to owl habitat as described in Recovery ecological structure, composition and allow spotted owls to persist in the face Actions 10 and 32 (USFWS 2011, pp. processes, including wildfire and other of threats from barred owl expansion III–43, III–67). On Federal lands this disturbances (USFWS 2011, p. III–20). and habitat alterations from fire and recommendation applies to all land-use The following restoration principles other disturbances, and to restore allocations outside of Congressionally apply to the management that may be landscapes that are more resilient to reserved Areas (see also Thomas et al. required in this dry forest region alterations projected to occur with 2006, pp. 284–285). (USFWS 2011, pp. III–34 to III–35): ongoing climate change (USFWS 2011, (2) Management emphasis needs to be (1) Emphasize vegetation management p. III–32). placed on meeting northern spotted owl treatments outside of northern spotted Because the specific management recovery goals and long-term ecosystem owl core areas or high-value habitat approaches and types of forest where restoration and conservation. When where consistent with overall landscape they should be applied in order to there is a conflict between these goals, project goals; maintain sufficient suitable habitat actions that would disturb or remove (2) Design and implement restoration across the range of the owl will vary the essential physical or biological treatments at the landscape level; geographically, here we provide more features of northern spotted owl critical (3) Retain and restore key structural detailed recommendations of the types habitat need to be minimized and components, including large and old of management considerations or reconciled with long-term ecosystem trees, large snags, and downed logs; protections that may be required to restoration goals to avoid adverse (4) Retain and restore heterogeneity preserve or enhance the essential modification (see Adverse Modification within stands; physical or biological features for the section for specific details). (5) Retain and restore heterogeneity northern spotted owl in the West (3) Continue to manage for large, among stands; Cascades/Coast Ranges of Oregon and continuous blocks of late-successional (6) Manage roads to address fire risk; Washington, East Cascades, Klamath forest. and and Northern California Interior Coast (4) Regeneration harvest, if carried (7) Use wildfires to meet vegetation Ranges, and the Redwood Coast. out, should consider ecological forestry management objectives where principles. One example that could be appropriate. West Cascades/Coast Ranges of Oregon utilized is Franklin et al. (2002, pp. The above principles will result in and Washington 417–421; 2007, entire), Drever et al. treatments that have a variety of effects Special management considerations (2006, entire), Johnson and Franklin on northern spotted owl habitat in the or protection may be required in areas (2009, pp. 39–41), Swanson et al. (2010, short and long term. For example, some

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restoration treatments may have an base for northern spotted owls in this Redwood Coast immediate neutral or beneficial effect on zone is correspondingly diverse, but is Special management considerations existing northern spotted owl habitat dominated by dusky-footed woodrats, or protection may be needed in the (e.g., roads management, some bushy-tailed woodrats, and flying Redwood Coast Zone to maintain or prescribed fire prescriptions). Other squirrels. Northern spotted owls have enhance the essential physical or treatments, however, may involve been well studied in the Klamath biological features for the owl. Although reductions in stand densities, canopy portion of this zone, but relatively little the Redwood Coast zone of coastal closure, or ladder fuels (understory is known about northern spotted owl northern California is considered part of vegetation that has the potential to carry habitat use in the California Interior the wet/moist forest region within the up into a crown fire)—and thus affect Coast Range portion of the zone. range of the northern spotted owl, there the physical or biological features High canopy cover (65 to 75 percent), are distinct differences in northern needed by the species. At the stand high levels of canopy layering, and the spotted owl habitat use and diet within scale, this can result in a level of presence of very large dominant trees this zone. The long growing season in conflict between conserving existing were all important features of nesting this region, combined with redwood’s northern spotted owl habitat and and roosting habitat. Compared to other ability to resprout from stumps, allows restoring dry-forest ecosystems. We zones, models of foraging habitat for this redwood stands to attain suitable stand typically cannot expect to meet both zone showed greater divergence from structure for nesting in a relatively short objectives on the same acre if that acre nesting habitat, with much lower period of time (40–60 years) if legacy currently functions as suitable northern canopy cover and tree size. Low to structures are present. Late-successional spotted owl habitat. We can reconcile intermediate slope positions were forest is an important component of this conflict, however, by managing at strongly favored. In the eastern Klamath, nesting and roosting habitat in the the landscape scale. presence of Douglas-fir was an Land managers need to move away Redwood Zone, and demographic important compositional variable. productivity on northern spotted owl from implementing many small, Habitat associations in the Klamath uncoordinated and independent fuel- breeding sites has been positively zone are diverse and unique, reflecting correlated with the density of legacy reduction and restoration treatments. the climate, topography, and vegetation Instead, coordinated and strategic efforts trees in proximity to owl nest sites of this area. Nesting and roosting habitat (Thome et al. 1999, p. 57). In contrast that link individual projects to the larger somewhat resembles that of other zones, objectives of restoring landscapes while to the large, contiguous, older stands with a greater emphasis on topography desired in other wet provinces, some conserving and recovering northern that provides some relief from high spotted owl habitat are needed (sensu degree of fine-scale fragmentation in temperatures. Foraging habitat in this redwood forests appears to benefit Sisk et al. 2005, entire; Prather et al. zone includes more open forests. 2008, entire; Gaines et al. 2010, entire). northern spotted owls. Forest openings Consequently, management actions The special management aged 5–20 years (e.g., harvest units or consistent with maintaining and considerations or protections identified burns), with dense shrub and hardwood here apply to Units 7 and 8 of the developing northern spotted owl habitat cover, and abundant food sources, proposed revised critical habitat. need to consider local conditions. In provide high-quality habitat for the some areas, appropriate management northern spotted owl’s primary prey, the Klamath and Northern California will be more consistent with dry forest dusky-footed woodrat. Relatively secure Interior Coast Ranges management strategies, while in other from owl predation, woodrats tend to The special management areas wet forest management strategies overpopulate these openings and the considerations or protections that may will be more appropriate. demographic pressure drives surplus be required in the Klamath and This region contains habitat individuals into nearby older stands Northern California Interior Coast characteristics of both moist and dry with sparse understories where they are Ranges represent a mix of the forests interspersed across a highly highly vulnerable to owl predation. requirements needed to maintain or diverse landscape (Halofsky et al. 2011, Woodrat populations within recent enhance the essential physical or p. 1). The special management openings probably peak by about stand biological features in mesic and dry recommendations from the moist and age 10. Food sources and understory forest types. This region in dry forest sections, above, apply to the cover decline steadily through about southwestern Oregon and northwestern management actions or protections that stand age 20, when the woodrat California is characterized by very high may be required in the Klamath and population-source diminishes. In climatic and vegetative diversity Northern California Interior Coast northern spotted owl territories within resulting from steep gradients of Ranges. Similar to the discussion in the Redwood Zone, active management elevation, dissected topography, and moist forests concerning conservation of that creates small openings in proximity large differences in moisture from west small patches of early seral habitat, to nesting, roosting, or foraging habitat to east. Summer temperatures are high, Perry et al. (2011, p. 715) noted that may be required to enhance northern and northern spotted owls occur at replacement of early successional shrub- spotted owl foraging opportunities. elevations up to 1,768 m (5,800 ft). hardwood communities by closed The special management Western portions of this zone support a forests in the absence of fire considerations or protections identified diverse mix of mesic forest communities significantly impacts landscape here apply to Unit 3 of the proposed interspersed with drier forest types. diversity. Restoration of appropriate fire revised critical habitat. Forests of mixed conifers and evergreen regimes and use of targeted silvicultural hardwoods are typical of the zone. intervention may be effective where the Summary of Special Management Eastern portions of this zone have a goal is to restore or maintain this Considerations or Protection Mediterranean climate with increased diversity (Halofsky et al. 2011, p. 15). We find that each of the areas occurrence of ponderosa pine. Douglas- The special management occupied at the time of listing that we fir dwarf mistletoe is rarely used for considerations or protections identified are proposing as critical habitat contains nesting platforms in the west, but here apply to Units 9, 10, and 11 of the features essential to the conservation of commonly used in the east. The prey proposed revised critical habitat. the species that may require special

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management considerations or high degree of fidelity to territory core species was listed, and if the presence protection to ensure the conservation of areas; their territory locations are of northern spotted owls was the northern spotted owl. These special therefore relatively stable through time documented in the same landscape, it is management considerations or unless substantial changes occur to highly likely that non-territorial adults protection are required to preserve and territory habitat. For this reason, we or dispersing subadults were also enhance the essential features needed to consider it highly likely that locations present at the time of listing. achieve the conservation of the northern occupied between 1987–1990 and Based on the best available scientific spotted owl. Additional information on 1990–1996 were also occupied at the information regarding population management activities compatible with time of listing in 1990. structure of northern spotted owls, we spotted owl conservation can be found However, because large areas within define ‘‘occupied’’ as encompassing within the Section 7 Consultation the species’ geographical range had not (1) home ranges of resident, territorial section in the proposed rule. been surveyed, the distribution of spotted owls known from surveys to be northern spotted owl populations was present at the time of listing, (2) home Criteria Used To Identify Critical incompletely known at the time the ranges of territorial owls determined Habitat species was listed, and remains so likely to have been present at the time As required by section 4(b)(1)(A) of today. For this reason, designating of listing based on a model developed the Act, we use the best scientific and critical habitat based solely on the specifically to predict owl presence commercial data available to designate locations of territories identified based on relative habitat suitability, and critical habitat. We have reviewed the through surveys would exclude a (3) nonterritorial and dispersing owls available information pertaining to the substantial proportion of the area that that were likely to be present within the habitat requirements of the species. In was likely occupied by the species at matrix of territories in a given landscape accordance with the Act and its the time of listing and that provides the known to be occupied by resident owl implementing regulations at 50 CFR physical or biological features essential pairs. 424.12(e), based on this review, we have to the conservation of the species. To Having determined our working identified the specific areas within the address this we developed and tested a definition of the term ‘‘occupied,’’ we geographical area occupied by the habitat suitability model based on then defined ‘‘specific areas’’ as used in species at the time it was listed on habitat selected by the approximately the definition of critical habitat, 16 which are found those physical or 4,000 known owl pairs. This enables us U.S.C. 1532(5)(A)(i), to conform with biological features essential to the to reliably identify other areas that were known patterns of space-use and conservation of the species, and which likely supporting spotted owl territories distribution exhibited by spotted owls. may require special management at the time of listing, based on habitat Spotted owls are wide-ranging considerations or protection. In value (USFWS 2011, Appendix C). organisms that maintain large home addition, we considered whether any Furthermore, restricting a definition ranges and disperse relatively long additional areas outside those occupied of occupancy to areas known to be used distances. As described earlier, at the time of listing are essential for the by resident territorial owls overlooks a territorial northern spotted owls cover conservation of the species. large segment of the owl population that home ranges from roughly 1,400 ac (570 is not generally reflected in standard ha) at the southern end of their range Occupied Areas survey methodologies, as described (Zabel et al. 1995, p. 436) up to over For the purpose of developing and below. Spotted owl populations consist 14,000 ac (5,700 ha) (USDI 1992, p. 23; evaluating this proposed revised critical of the territorial, resident owls for USFWS 1994 in litt., p. 1) in the habitat for the northern spotted owl, we which we have documentation of northern portion of the species’ range. used a definition of ‘‘geographical area occupancy throughout much of the These large home ranges often overlap occupied by the species’’ at the time it owl’s range, described above, but also with those of neighboring spotted owls, was listed consistent with the species’ includes nonterritorial adult ‘floaters’ such that large landscapes may be fully distribution, population ecology, and and dispersing subadult owls. Both occupied by population clusters in areas use of space. We based our dispersing subadults and nonterritorial where suitable habitat is well identification of ‘‘occupied’’ floaters are consistently present on the distributed. While this was more the geographical area on: (1) The landscape and require suitable habitat to case when the northern spotted owl was distribution of verified spotted owl support dispersal and survival until first listed, prior to extensive locations and (2) scientific information they recruit into the breeding colonization of the species’ range by the regarding spotted owl population population; this habitat requirement is barred owl, many demographic study structure and habitat associations. in addition to that already utilized by areas still exhibit a pattern of Our proposed critical habitat is based resident territorial owls. Non-territorial overlapping home ranges over large in part on the distribution of owls are difficult to detect in surveys landscapes. approximately 4,000 spotted owl because most surveys rely on territorial To evaluate the proportion of each territories verified as occupied at the defense behavior of resident owls subunit proposed for designation that time of listing, across the geographical (responding to owl calls) to determine was comprised of areas known to be range of the species (USFWS 2011, p. C– their presence. Because they are occupied by northern spotted owls at 62). We use the term ‘‘verified’’ here to difficult to detect, the number and the time of listing, we calculated the represent locations for which we have distribution of nonterritorial and area within estimated home ranges records indicating the presence of dispersing owls is poorly known for any (USFWS 2011, p. C–63 Table C–24) for spotted owls at the time of listing. These given spotted owl population. However, all verified spotted owl locations known data are the result of surveys conducted they constitute essential elements of at the time of listing, as described above. by Federal and State agencies, private spotted owl populations, and can Overall, 84.5 percent of the area timber companies, and researchers reliably be assumed to occur in suitable proposed for designation is within home between 1987 and 1996. We consider habitat within the same landscapes ranges of verified territorial spotted owl this time period to reasonably represent occupied by territorial owls. Therefore, located through surveys at the time of the time of listing because spotted owls if suitable habitat to support northern listing; this area is entirely are relatively long-lived and exhibit a spotted owls was present at the time the representative of verified owl locations,

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and does not include habitat likely to be physical and biological features of based on data gathered from known owl occupied based on habitat suitability or nesting, roosting, and foraging habitats sites. Applying these models enables the non-resident owls. Twenty-two (35 to create a range-wide map of (relative) Service to identify and describe the percent) of the 63 subunits proposed for habitat suitability (MaxEnt) (Phillips et physical or biological features essential designation have at least 90 percent of al. 2006, entire; Phillips and Dudik to the conservation of the owl by their area within verified known home 2008, entire). In addition to providing a correlating these features with the ranges; 51 (66 percent) have at least 70 map of relative habitat suitability, this nesting, roosting, and foraging habitats percent. As explained above, given that process allowed us to evaluate an area’s known to be utilized by resident owls, these areas represent occupancy by suitability and determine whether the and to map their distribution across the verified resident owls only, and presence of the species was likely based range of the owl (USFWS 2011, pp. C– considering the suitable habitat on an assessment of known species- 27 to C–42, C–62). Because the models available at the time of listing in these habitat relationships. are based on data from nearly 4,000 owl same landscapes, the remainder of these Step 2: We developed northern sites occupied at the time of listing areas were likely occupied by other spotted owl habitat networks based on (USFWS 2011, p. C–62), model outputs resident owls, non-territorial adult owls the relative habitat suitability map using highlight surveyed and known to be (floaters) or dispersing subadults. the Zonation conservation planning occupied habitat. However, they also To help us identify and map potential model (Moilanen and Kujala 2008, identify areas with habitat likely to have critical habitat for the owl, we used a entire). The Zonation model used a supported owls at the time of listing, three-step modeling framework hierarchical prioritization of the based on habitat suitability, and areas developed as part of the Revised landscape based on relative habitat that may have been unoccupied at the Recovery Plan for the Northern Spotted suitability and other user-specified time of listing, but that may be essential Owl that integrates a spotted owl habitat criteria (e.g., land ownership) to develop to the conservation of the species based model, a habitat conservation planning the most efficient solutions for on their relative habitat suitability and model, and a population simulation incorporating high value habitat. potential to provide areas with the model. The details of this modeling Zonation analyses were conducted habitat characteristics needed for framework are presented in Appendix C separately for each region to ensure that population growth or dispersal (see of the Revised Recovery Plan (USFWS reserves would be well-distributed below). To ensure that the variety of 2011), and a detailed technical across the range of the owl. Zonation physical or biological features used by description of the modeling and habitat also allowed for consideration of land spotted owls across their range is network selection process we used in ownership in development of reserve represented in the models, we applied this proposed revised designation of designs. separate habitat models for each of 11 critical habitat is provided in Dunk et al. Step 3: In the last step, we determined ecological regions based on differences (2011, entire). Both of these supporting where the physical and biological in forest environments, spotted owl documents are available at http:// features, as well as unoccupied areas, habitat use and prey distribution, and www.regulations.gov (see ADDRESSES), are essential to the conservation of the variation in ecological conditions. or by contacting the Oregon Fish and species. To do this we used a spatially- (USFWS 2011, C–7 to C–13). Wildlife Office (see FOR FURTHER explicit northern spotted owl In Step 2 of the modeling framework, INFORMATION CONTACT). Each of the three population model (HexSim) (Schumaker we used a habitat conservation planning models helped identify an important 2008, entire) to predict relative model (Zonation) (Moilanen et al. 2005, element of the statutory definition of responses of northern spotted owl entire; Moilanen and Kujala 2008, critical habitat: The identification of populations to different habitat network entire) to develop a spotted owl physical or biological features needed designs, and evaluated these responses conservation planning model. We used by the species; the distribution of those against the recovery objectives and this in the critical habitat process to features across the geographical range of criteria for the northern spotted owl aggregate areas of greatest relative the species occupied at the time of using a rule set based on those criteria. habitat suitability (areas that provide the listing; and the identification of a Simulations from these models are not physical or biological features, or landscape configuration where these meant to be estimates of what will occur essential unoccupied habitat) from Step features, as well as any necessary in the future, but rather provide 1 into discrete units. This process unoccupied areas, are essential to the information on trends predicted to provided a series of maps representing conservation of the species. occur under different network designs; a range of alternative critical habitat The overall approach for critical this allowed us to compare the relative networks, each containing a different habitat modeling consisted of three performance of various habitat amount and distribution of spotted owl main steps (USFWS 2011, Appendix C, scenarios. habitat quality. The Zonation model p. C–3) to help refine, select, and In Step 1 of the modeling framework, seeks to provide the most efficient evaluate a series of alternative critical we created a series of spotted owl design (most habitat value on smallest habitat networks for the northern habitat models that provide the basis for land area) and allowed us to maximize spotted owl. These steps are mapping spotted owl habitat. Based on reliance on public lands to achieve summarized here, and then each is published research, input from recovery goals. described in further detail. individual experts, and analysis of In Step 3 of the modeling framework, Step 1: At the outset, the attributes of spotted owl location and habitat data, we developed a spotted owl population forest composition and structure and we developed relative habitat suitability simulation model that allowed us to characteristics of the physical models. These relative habitat simulate the relative population environment associated with nesting, suitability models identify areas with responses of spotted owls to various roosting, and foraging habitat—physical habitat that provides the combination of habitat conservation network scenarios and biological features used by the variables (forest composition and (HexSim) (Schumaker 2011, entire). In species—were identified based on the structure, and abiotic factors such as developing this proposed rulemaking, habitat selection exhibited by nearly elevation, precipitation, and we used this spotted owl population 4,000 known owl pairs (USFWS 2011, temperature) with a high predictive simulation model to compare alternative pp. C–20 to C–28). We then used these probability of supporting spotted owls, critical habitat networks and evaluate

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each design’s ability to meet the that the species no longer requires (i) Accommodate habitat disturbance recovery goals and criteria for the listing under the Act; due to fire, insects, disease, and northern spotted owl (described further (2) Adequate habitat is available for catastrophic events. below). This step of the process enabled spotted owls and will continue to exist (3) Ensure distribution of spotted owl us to determine the amount and to allow the species to persist without populations across representative configuration of physical or biological the protection of the Act; and habitats. features on the landscape that are (3) The effects of threats have been (a) Maintain distribution across the essential to the conservation of the owl. reduced or eliminated such that spotted full ecological gradient of the historical It also helped us to determine which owl populations are stable or increasing range. unoccupied areas are essential to the and spotted owls are unlikely to become (4) Acknowledge uncertainty conservation of the species. By threatened again in the foreseeable associated with both future habitat evaluating spotted owl population future. conditions and spotted owl population metrics such as relative population size, The recovery criteria for the northern performance—including influence of population trend, and extinction risk spotted owl (aside from the requirement barred owls, climate change, fire/ that resulted from each scenario for post-delisting monitoring) are: disturbance risk, and demographic evaluated, we believe we are proposing Recovery Criterion 1—Stable stochasticity—in assessment of critical the most efficient habitat network to Population Trend: The overall habitat design. population trend of spotted owls conserve the northern spotted owl, with These critical habitat objectives of throughout the range is stable or the potential to support an increasing or supporting population viability and increasing over 10 years, as measured by stable population trend of northern demographically stable populations are a statistically reliable monitoring effort. intended to be met in concert with the spotted owls; that exhibits relatively Recovery Criterion 2—Adequate low extinction risk, both rangewide and implementation of recovery actions to Population Distribution: Spotted owl address other non-habitat based threats at the recovery unit scale (recovery subpopulations within each province units, as identified in the Revised to the owl. (i.e., recovery unit), excluding the We applied this rule set to the Recovery Plan, are defined by Willamette Valley Province) achieve physiographic provinces (USFWS 2011, outcome of HexSim runs on the various viability, as informed by the HexSim habitat scenarios considered (see pp. III–1 to III–2)), and that achieves population model or some other adequate connectivity among recovery Appendix C of the Revised Recovery appropriate quantitative measure. Plan (USFWS 2011) and Dunk et al. units, while prioritizing reliance on Recovery Criterion 3—Continued public lands. 2012, entire, for all details). Each Maintenance and Recruitment of HexSim run began with a population of We determined what is essential to Spotted Owl Habitat: The future range- 10,000 females (all population metrics recovery of the spotted owl by wide trend in spotted owl nesting/ are in numbers of females), consisted of evaluating the performance of each roosting and foraging habitat is stable or 100 replicates and 350 time steps for potential critical habitat scenario increasing throughout the range, from each habitat scenario considered, and considered against the recovery needs of the date of Revised Recovery Plan included the introduction of the owl. In contrast with earlier approval, as measured by effectiveness environmental stochasticity. We then conservation modeling efforts for the monitoring efforts or other reliable evaluated the relative performance of spotted owl, the modeling framework habitat monitoring programs. each habitat scenario using numerous we utilized does not rely on a priori rule We used the following rule set to metrics to assess the ability of that sets for features such as size of habitat compare and evaluate the potential of scenario to meet the specified recovery blocks, number of owl pairs per block, various habitat scenarios to meet these goals for the northern spotted owl, as or distance between blocks (USFWS recovery objectives and criteria for the laid out in our rule set for identifying 2011, p. C–4) to determine what is northern spotted owl, and thus critical habitat; these metrics were essential for the conservation of the determine what is essential to the evaluated at the scale of each region, as species. Instead, we evaluated spotted conservation of the northern spotted well as collectively rangewide. Our owl population metrics such as relative owl: metrics of population performance population size and trend to determine (1) Ensure sufficient habitat to resulting from each habitat scenario what is essential to owl conservation, support population viability across the considered included: both in terms of where and how much range of the species. • The percentage of simulations of the physical or biological features are (a) Habitat can support an increasing during which the rangewide population essential and how much unoccupied or stable population trend, as measured by a population growth rate of 1.0 or fell below 1,250 individuals. habitat is essential to meet the recovery • The percentage of simulations objectives for the owl, as defined in the greater. (b) Habitat will be sufficient to insure during which the rangewide population Revised Recovery Plan (USFWS 2011, fell below 1,000 individuals. p. ix) and detailed in our supporting a low risk of extinction. • (2) Support demographically stable The percentage of simulations documentation (Dunk et al. 2012, during which the rangewide population entire). populations in each recovery unit. (a) Habitat can support an increasing fell below 750 individuals. • To accomplish this, we developed a or stable population trend in each The percentage of simulations rule set for the identification of critical recovery unit. during which the population fell below habitat based on the ability of that (b) Habitat will be sufficient to insure 250 in each region (using 250 as a quasi- habitat to meet the recovery objectives a low risk of extinction in each recovery extinction threshold). and criteria set forth in the Revised unit. • The percentage of simulations Recovery Plan for the Northern Spotted (c) Conserve or enhance connectivity during which the population fell below Owl (USFWS 2011, p. ix). The recovery within and among recovery units. 100 in each region (using 100 as a quasi- objectives for the northern spotted owl (d) Conserve genetic diversity. extinction threshold). are: (e) Ensure sufficient spatial • The percentage of simulations that (1) Spotted owl populations are redundancy in critical habitat within went to extinction (population = 0) in sufficiently large and distributed such each recovery unit. each region.

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• The mean population size from strategy for the spotted owl. We also conservation of the species: population time step 150 to time step 350 in each considered Indian or Tribal lands in our connectivity, or space for population region. evaluations; if habitat scenarios growth. • The mean population size at the last performed equally well with or without First, there is one subunit and time step in each region. Indian lands, we did not include them portions of two others that function • The mean population size at the last (see Indian Lands, below). primarily for connectivity. Although time step rangewide. Following the application of this portions of these subunits may not have These metrics were used to modeling framework, we further refined been occupied at the time of listing, comparatively evaluate the ability of the model-based map units after these areas contain the dispersal and each scenario under consideration to considering land ownership patterns, foraging habitat to support movement meet the recovery goals for the species interagency coordination, and best between adjacent subunits and are and as specified in our rule set for the professional judgment with the therefore essential to provide identification of critical habitat objective of increasing the efficiency population connectivity. Many of these (measures of extinction risk are used as and effectiveness, of the critical habitat areas are also anticipated to develop an indirect measure of sufficient proposal. The process generally into habitat capable of supporting population abundance, as well as consisted of modifying boundaries to nesting pairs in the future. In 1990, the viability). We selected habitat scenarios better conform to existing Interagency Scientific Committee (ISC) for further evaluation if they administrative and landscape features, (Thomas et al. 1990, entire) identified outperformed the other scenarios under removing small areas of relatively ‘‘Areas of Special Concern’’ in the Draft consideration in terms of being better lower-suitability habitat, and Strategy for the Conservation of the able to meet the population abundance, incorporating additional areas that may Northern Spotted Owl. The ISC defined viability, and trend criteria both across have been unoccupied at the time of Areas of Special Concern as lands where regions and rangewide. In all cases, we listing but that were determined to be past natural occurrences and human attempted to identify the most efficient essential for population connectivity, actions had adversely affected habitat (smallest total area) that would meet the population growth, or to accommodate more than in the remainder of the population goals essential to recovery. maintenance of suitable habitat on the physiographic province under Our proposed critical habitat is based on landscape for owls in the face of natural consideration (Thomas et al. 1990, p. the habitat network that best met all of disturbance regimes (e.g., fire) or 66). Within the Areas of Special these criteria, and then was further competition with the barred owl, while Concern described by the ISC (Thomas refined, as described below. retaining the overall configuration of the et al. 1990, pp. 66–69), we identified We also focused on public lands to model-based maps. We used the areas that were strategically located the maximum extent possible (see Dunk population simulation model to between subunits that would otherwise et al. 2012, entire, for specific details). evaluate whether this revised critical be demographically isolated. Of 63 In this step, we compared scenarios that habitat network continued to provide subunits proposed for designation, three did not discriminate between various what is essential to the conservation of (NCO–3, ORC–4, and ECS–3) are land ownerships, and those that the northern spotted owl. identified as functioning primarily for prioritized publicly-owned lands. As population connectivity with less than Unoccupied Areas Federal agencies have a mandate under 70 percent of the subunit covered by Section 7(a)(1) of the Act to utilize their Based on the northern spotted owl’s survey-located owl sites. Only one authorities in furtherance of the wide-ranging use of the landscape, and subunit (NCO–3) is considered purposes of the Act by carrying out the distribution of known owl sites at unoccupied and was identified programs for the conservation of listed the time of listing across the units and primarily for connectivity and species, we looked first to Federal lands subunits proposed as critical habitat additional demographic support. for critical habitat. However, in some here, we believe all units and all Second, because the primary threat to areas of limited Federal ownership, subunits except one meet the Act’s the northern spotted owl at the time of State and private lands may provide definition of being within the listing was habitat loss and degradation, areas determined to be essential to the geographical area occupied by the conservation and recovery of the species northern spotted owl by contributing to species at the time of listing. in some portions of its range is demographic support and connectivity Although we designed the units and dependent on development of to facilitate dispersal and colonization. subunits proposed for designation to additional habitat to allow for In all cases, if the scenarios under consist predominantly of habitat population expansion and recovery. consideration provided equal occupied at the time of listing (or highly Therefore, portions of the habitat mosaic contribution to recovery, as measured likely to be occupied), we know that one in some subunits proposed for by the population metrics described subunit was not occupied at that time. designation within the geographical area above, we chose the scenario that In addition, parts of most units contain occupied by the species at the time of prioritized publicly-owned lands. State a forested mosaic which includes listing consist of younger and/or and private lands were included only if younger forests that may not have been partially-harvested forest but are they were necessary to achieve occupied at the time of listing. We also essential to conservation of the species conservation of the species, and were recognize that there may be some because they are capable of developing determined to provide either occupied uncertainty regarding areas we believe the PCEs that support nesting, roosting, areas that support the PCEs or were occupied based on the presence of or foraging by spotted owls that will be unoccupied areas essential to the suitable habitat or dispersing owls but necessary for population expansion. conservation of the owl. For example, in for which we do not have survey Typically the result of past timber Washington some State and private information. Therefore, we have harvest or wildfire, these areas of lands were identified in Spotted Owl evaluated all of these areas as if they younger forest contain the elements Special Emphasis Areas (SOSEAs), were unoccupied and deem them to be conducive to fully developing the which the Washington Forest Practices essential to the conservation of the physical or biological features essential Board adopted in 1996 to complement species because they fulfill at least one to the conservation of the owl (they are the Federal recovery and conservation of two functions essential to the of suitable elevation, climate, and forest

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community type) but may be lacking disturbance regimes (e.g., fire). In This proposal is innovative in that it some element of the PCEs such as large addition, recent work has confirmed anticipates that in geographical regions trees or dense canopies that are that northern spotted owls require with drier forests and more dynamic associated with nesting habitat. In additional areas of habitat to persist in natural disturbance regimes, a particular, of 63 subunits proposed for the face of competition with barred owls landscape approach to managing critical designation, four (NCO–4, NCO–5, (Dugger et al. 2011, p. 2467). Finally, habitat will occur. This landscape ORC–1, and RDC–4) contain since the northern spotted owl was approach recognizes that large areas are proportionally greater areas of younger initially listed in large part due to the essential in these regions to forests that are essential to the threat of habitat loss or degradation, accommodate disturbance-driven shifts conservation of the species because they there may be some areas of potentially in the physical or biological features can develop additional habitat suitable habitat that are currently in essential for the conservation of the necessary to support viable spotted owl degraded condition and in need of northern spotted owl, and that populations in the future. These restoration to provide the large, restorative management actions may be subunits are located within contiguous areas of nesting, roosting, needed across these landscapes to help Southwestern Washington and Oregon and foraging habitat required to sustain manage for resilience in such a dynamic Coast Ranges Areas of Special Concern viable spotted owl populations. Spotted ecosystem. These large landscapes, (Thomas et al. 1990, pp. 66–69), areas owls require these large areas of habitat although essential to provide for the described as exhibiting a scarcity of due to their expansive home range conservation of the northern spotted suitable habitat due to extensive timber requirements and the need for owl, do include within their boundaries harvest. The recovery goal of achieving connectivity between subpopulations to several particular types of areas which viable populations distributed across maintain genetic diversity and support are not proposed as critical habitat the range of the owl cannot be achieved stable, viable populations over the long because they cannot support northern without these areas, therefore we have term. Given the effects of past habitat spotted owl habitat. The following types determined them to be essential to the loss and the increased habitat area of areas are not critical habitat for the conservation of the species. needed to offset competition from the northern spotted owl, and are not Third, each unit and subunit in this barred owl, our assessment indicates included in the proposed revised proposed revised designation of critical that large areas of habitat are required designation: habitat consists of a forested mosaic across the range of the northern spotted • Meadows and grasslands. • comprised predominantly of habitat owl to meet recovery goals. Oak and aspen (Populus spp.) known from surveys and other In summary, our evaluation of the woodlands. documented sources to be occupied at • Surface mine sites. the time of listing, as well as habitat that various habitat scenarios considered in • Developed recreation sites, was highly likely to have been occupied the modeling process described above including a safety buffer for hazard tree at that time based on the presence of enabled us to determine the amount and management. physical or biological features configuration of habitat essential to the • Administrative sites, including a associated with occupancy by spotted conservation of the owl, based on the safety buffer for hazard tree owls or based on the likely presence of relative ability of that habitat network to management. non-territorial owls. However, we meet the recovery criteria of stable or • Roadways, including a safety buffer recognize there is some uncertainty increasing populations and adequate for hazard tree management. associated with occupancy in regard to distribution of viable populations. • Other manmade structures (such as areas that our habitat model or the Although this evaluation was primarily buildings, aqueducts, runways, and population dynamics of non-territorial based on areas we know to have been other paved areas) and the land on owls indicate were highly likely to have occupied at the time of listing, our which they are located. been occupied at the time of listing, but evaluation of what is essential to the When determining proposed critical for which we do not specifically have conservation of the owl additionally habitat boundaries, we made every documented owl sites based on surveys. identified areas that may not have been effort to avoid including these areas In addition, within this mosaic, each occupied at the time of listing if those because they lack physical or biological subunit also contains areas of areas were essential to meeting the features for the northern spotted owl. potentially suitable habitat anticipated recovery goals for the species. We have Due to the limitations of mapping at to develop into suitable habitat in the determined these areas to be essential to such fine scales, however, we were future. These specific areas may or may the conservation of the species, to often not able to segregate these areas not have been occupied at the time of provide for dispersal and connectivity from areas being proposed as critical listing. We therefore also evaluated all between currently occupied areas, allow habitat on critical habitat maps suitable areas proposed for designation as if they space for population growth, and to for publication within the Code of were unoccupied at the time of listing, provide habitat replacement in the event Federal Regulations. Thus, we have to determine whether such areas are of disturbances such as wildfires and included regulatory text clarifying that essential to the conservation of the competition with barred owls. We have these areas are not included in the species. also determined that a critical habitat proposed designation even if within the Thus, even if not occupied at the time designation that does not include these mapped boundaries of critical habitat; if of listing, all units and subunits areas, even if they may not have been the critical habitat is finalized as proposed for designation are essential to occupied at the time of listing, would be proposed, a Federal action involving the conservation of the species because, inadequate to ensure the conservation of these lands would not trigger section 7 in addition to nesting, roosting, the species. The resulting proposed consultation with respect to critical foraging, and dispersal habitat, they revised critical habitat network habitat unless the specific action would provide connectivity between occupied represents the amount and spatial affect the physical or biological features areas, room for population expansion or distribution of habitats that we have in the adjacent critical habitat. growth, and the ability to provide determined to be essential for the We are proposing for designation 11 sufficient suitable habitat on the conservation of the northern spotted units and 63 subunits based on landscape for owls in the face of natural owl. sufficient elements of physical or

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biological features being present to critical habitat designation, the habitat networks essential for support the northern spotted owl’s life- inclusion of significant areas of Federal conservation. history processes. Some subunits reserve lands (e.g., national parks and The areas proposed for designation contain all of the identified elements of wilderness areas) and some State and are lands that were occupied at the time physical or biological features and private lands in areas where Federal of listing and that currently provide support multiple life-history processes. lands were not sufficient to meet the suitable nesting, roosting, foraging, or Some subunits may contain only some conservation needs of the spotted owl. dispersal habitat for northern spotted elements of the physical or biological We expect to refine this proposed owls, or that are otherwise essential to features necessary to support the designation based on public comments, the conservation of the species. northern spotted owl’s particular use of additional information from However, as noted above, not every site that habitat. coordination with the land management of known owl occupancy is included in agencies, scientific peer review, and the proposed revised designation. We Summary of Changes From Previously consideration of exclusions and Designated Critical Habitat did not include owl sites if they were exemptions (per sections 4(b)(2) and isolated from other known occurrences In 2008, we designated 5,312,300 ac 4(a)(3)(B) of the Act, respectively). Fine- or in areas of marginal habitat quality (2,149,800 ha) of Federal lands in scale adjustments to proposed critical such that they were unlikely to make a California, Oregon, and Washington as habitat maps are also anticipated based significant contribution to the critical habitat for the northern spotted on Service collaboration with Federal, conservation of the species, and owl (73 FR 47326; August 13, 2008). In State, and private land managers and therefore were not considered to this revision, we are proposing that a receipt of site-specific information on provide the essential features. total of 13,962,449 ac (5,649,660 ha) be habitat and landscape conditions. designated as critical habitat for the The new delineation of areas The habitat network development and northern spotted owl. We have determined to provide the physical or evaluation strategy we used attempts to proposed the revised designation of biological features essential for the maximize the efficiency of the network critical habitat for the northern spotted conservation of the northern spotted by prioritizing lands for inclusion in the owl to be consistent with the most owl, or otherwise determined to be critical habitat network where current assessment of the conservation essential for the conservation of the management direction is more needs of the species, as described in the species, was based, in part, on an predictable and where resources are 2011 Revised Recovery Plan for the improved understanding of the forest more available to conduct many of the Northern Spotted Owl (USFWS 2011, characteristics and spatial patterns that ecosystem restoration projects the Appendix B). Of the proposed influence habitat usage by northern Service recommends within critical designation, 4,159,678 ac (1,683,362 ha) spotted owls which were incorporated habitat. Utilization of new scientific are the same as in the 2008 designation. into the latest population evaluation information and advanced modeling Of the current proposed designation, and mapping technology. The modeling techniques accounts for many of the 9,802,771 ac (3,966,298 ha) are lands process we used to evaluate alternative changes in the proposed revised critical not formerly designated in 2008, and critical habitat scenarios differed habitat, since the location of areas 1,152,662 ac (466,438 ha) of lands that fundamentally from the conservation essential to northern spotted owls may were included in the former designation planning approach used to inform the have shifted based on the best are not proposed here, for reasons 1992 and 2008 designations of critical information available regarding the detailed below. habitat for the northern spotted owl. spatial distribution of high-value The Service recognizes that this These past designations relied on a habitat. Late-successional reserves proposed revision of critical habitat priori rule sets derived from best expert (LSRs) and Congressionally withdrawn represents an increase in the total land judgment regarding the size of reserves lands (e.g., national parks) were not area identified from previous or habitat conservation blocks, target prioritized in this approach based solely designations in 1992 and 2008. This number of spotted owl pairs per reserve on their status as a reserved land increase in area is due, in part, to (a) the or block, and targeted spacing between allocation, but were included only unanticipated steep decline of the reserves or blocks (USFWS 2011, where the habitat quality was high spotted owl and the impact of the barred p. C–4), which we then assessed and enough to meet the selection criteria. owl, requiring larger areas of habitat to refined using expert opinion. The LSRs were not originally designated maintain sustainable spotted owl current proposed revised designation solely to meet the needs of the northern populations in the face of competition reflects our use of a series of spatially spotted owl, but may include areas with the barred owl (Dugger et al. 2011, explicit modeling processes to designated for other late-successional p. 2467); (b) the recommendation from determine where biological features are forest species. Therefore, not all LSRs the scientific community that the essential to the conservation of the contain habitat of sufficient quality to be conservation of more occupied and northern spotted owl, and in the case of included in the critical habitat network high-quality habitat is essential to the unoccupied habitat, to determine the for the northern spotted owl. conservation of the species (Forsman et areas that are essential to the Table 2 shows a comparison of areas al. 2011, p. 77); (c) the need to maintain conservation of the owl, as described in included in the 2008 designation and sufficient suitable habitat for northern Criteria Used to Identify Critical Habitat, those proposed in this proposed spotted owls on a landscape level in below. These models enabled us to revision to critical habitat. The process areas prone to frequent natural compare potential critical habitat we used to determine occupied areas disturbances, such as the drier, fire- scenarios in a repeatable and containing essential features and prone regions of its range (Noss et al. scientifically accepted manner (USFWS unoccupied areas essential to the 2006, p. 484; Thomas et al. 2006, p. 285; 2011, p. C–4), using current tools that conservation of the species is described Kennedy and Wimberly 2009, p. 565); capitalize on new spatial information in Criteria Used to Identify Critical and (d) in contrast to the previous and algorithms for identifying efficient Habitat.

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TABLE 2—COMPARISON OF AREA INCLUDED IN 2008 CRITICAL HABITAT AND 2012 PROPOSED CRITICAL HABITAT BY RE- GION—THE 11 REGIONS ARE DESCRIBED IN DETAILS IN THE PROPOSED REVISED CRITICAL HABITAT DESIGNATION SECTION

2011 Proposed critical habitat 2008 Final critical habitat Modeling region Acres Hectares Acres Hectares

North Coast Olympics ...... 1,595,821 645,806 485,039 196,289 Oregon Coast ...... 891,154 360,637 507,082 205,209 Redwood Coast ...... 1,550,747 626,847 70,153 28,390 West Cascades North ...... 820,832 332,179 390,232 157,921 West Cascades Central ...... 1,353,045 547,558 546,333 221,093 West Cascades South ...... 1,624,836 657,548 700,421 283,450 East Cascades North ...... 1,919,469 776,781 687,702 278,303 East Cascades South ...... 526,810 213,192 207,291 83,888 Klamath West ...... 1,291,606 522,693 667,795 270,247 Klamath West ...... 1,111,679 449,881 667,795 270,247 Inner California Coast Ranges ...... 1,276,450 516,537 535,863 216,856

Grand total ...... 13,962,449 5,649,660 5,312,327 2,149,823

The reduction in number of critical into four separate regions, and to ac (5,649,660 ha) in 11 units and 63 habitat units from 33 in 2008 to 11 in describe PCEs for foraging habitat subunits as meeting the definition of 2011 is a reflection, in part, of our separately for each of these regions. critical habitat for the northern spotted decision to aggregate habitat by regions. Finally, in this proposed rule we owl. The 11 units we have identified as The current designation includes 33 provide a more detailed and specific critical habitat are: (1) North Coast critical habitat units; the proposed characterization of the PCEs for the Olympics, (2) Oregon Coast Ranges, (3) revision includes 11 critical habitat northern spotted owl. Although Redwood Coast, (4) West Cascades units with 63 subunits. described in more detail in the North, (5) West Cascades Central, (6) Our proposed determination of PCEs preamble, the actual rulemaking section West Cascades South, (7) East Cascades in this proposed revised designation of the 1992 designation described the North, (8) East Cascades South, (9) incorporates new information resulting PCEs only as ‘‘forested areas that are Klamath West, (10) Klamath East, and from research conducted since the last used or potentially used by northern (11) Interior California Coast Ranges. All revision in 2008. This new information, spotted owl for nesting, roosting, of the critical habitat units were largely along with relevant older studies, foraging, or dispersing’’ (57 FR 1838; occupied at the time of listing, may allowed us to include a higher level of January 15, 1992). Research since the include some smaller areas that were specificity in the PCEs in this revision. 1992 designation of critical habitat has not known to be occupied at the time of This proposal also includes two changes largely confirmed our understanding of listing but have been determined to be in overall organization. The 2008 the PCEs as presented in the discussion essential to the conservation of the revised designation considered nesting section of that final rule (Blakesley species, and are presently occupied by and roosting habitat as separate PCEs. In 2004, entire), but this revision seeks to the northern spotted owl. Land this version, we have combined these incorporate the specific description of ownership of the proposed critical habitat types. Spotted owls generally those PCEs, as described earlier in the habitat includes Federal, State, and use the same habitat for both nesting Primary Constituent Elements section of private lands (private lands are intended and roosting; they are not separate this document, into the Proposed for inclusion in a critical habitat subunit habitat types, and function differs only Regulation Promulgation Section. For only in those cases where private land based on whether a nest structure is example, the proposed rule describing is identified as a component of critical present. These structures can be the PCEs now includes a list of the habitat in the subunit description). In difficult to detect during field surveys in specific forest types used by northern Washington, some private lands have some portions of the subspecies range, spotted owls, as well as a description of been identified in the Spotted Owl and are virtually impossible to detect the particular habitat components (tree Special Emphasis Areas (SOSEAs) that via remote sensing. Our models of size, canopy closure, nest platforms, the Washington Forest Practices Board spotted owl habitat relied on remotely etc.) used by northern spotted owls for adopted in 1996. We acknowledge that sensed data. At the scale of a rangewide nesting, roosting, foraging, and some additional private lands (e.g. proposal of critical habitat, nesting and dispersal. Furthermore, recognizing that subdivisions, small (typically less than roosting habitats cannot be not all PCEs apply universally 10 ac (4 ha)) properties owned by systematically distinguished, and, throughout the broad range occupied by individual landowners) may have been therefore, we combined them in our the northern spotted owl, we have inadvertently included on the map as an analysis and resulting proposal. For provided descriptions of PCEs specific artifact of both the modeling process project planning and management of to each of the four major ecoregional and limitations on map resolution and spotted owls at the local scale, the divisions within the range of the accuracy, but any such private lands are distinction between nesting and species. not intended to be included in the roosting habitat remains useful, proposed designation. We are seeking especially in portions of the subspecies Proposed Revised Critical Habitat public comments to help us make any range where nesting structures are Designation needed corrections in the final rule. No conspicuous (e.g., mistletoe brooms). Consistent with the standards of the Indian lands are included in the critical The second organizational change was Act, our regulations, and agency habitat designation. The approximate to subdivide the range of the subspecies practice, we have identified 13,962,449 area of each proposed critical habitat

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unit is shown in Table 3. Table 4 gives a total of critical habitat being proposed by land ownership.

TABLE 3—PROPOSED REVISED CRITICAL HABITAT UNITS FOR THE NORTHERN SPOTTED OWL [Area estimates reflect all land within critical habitat unit boundaries]

Critical habitat unit Acres Hectares

Unit 1—North Coast Olympics: Federal ...... 1,457,564 589,855 State ...... 137,318 55,571 Private ...... 939 380

Total ...... 1,595,821 645,806

Unit 2—Oregon Coast Ranges: Federal ...... 813,215 329,096 State ...... 77,939 31,541

Total ...... 891,154 360,637

Unit 3—Redwood Coast: Federal ...... 299,548 121,223 State ...... 203,102 82,192 Private ...... 1,048,097 423,431

Total ...... 1,550,747 626,847

Unit 4—West Cascades North: Federal ...... 709,022 286,931 State ...... 111,222 45,010 Private: ...... 588 238

Total ...... 820,832 332,179

Unit 5—West Cascades Central: Federal ...... 1,248,708 505,334 State ...... 57,400 23,229 Private ...... 46,937 18,995

Total ...... 1,353,045 547,558

Unit 6—West Cascades South: Federal ...... 1,624,836 657,548 Unit 7—East Cascades North: Federal ...... 1,725,491 698,281 State ...... 58,911 23,840 Private ...... 135,067 54,660

Total ...... 1,919,469 776,781

Unit 8—East Cascades South: Federal ...... 526,810 213,192 Unit 9—Klamath West: Federal ...... 1,281,145 518,460 State ...... 10,461 4,233

Total ...... 1,291,606 522,693

Unit 10—Klamath East: Federal ...... 1,108,839 448,732 State ...... 2,840 1,149

Total ...... 1,111,679 449,881

Unit 11—Inner California Coast Ranges: Federal ...... 1,229,174 497,429 State ...... 12,123 4,906 Private ...... 35,153 14,202

Total ...... 1,276,450 516,537

Grand total ...... 13,962,449 5,649,660 Note: Area sizes may not sum due to rounding.

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TABLE 4—PROPOSED REVISED CRITICAL HABITAT UNITS FOR THE NORTHERN SPOTTED OWL, DESCRIBING AREA INCLUDED UNDER DIFFERENT LANDOWNERSHIPS

Acres Hectares

USFS ...... 9,527,128 3,855,492 BLM ...... 1,483,666 600,419 NPS ...... 998,585 404,113 State ...... 671,036 271,558 Private ...... 1,267,704 512,279 Other Federal (DOD) ...... 14,330 5,799 Indian ...... 0 0

Total ...... 13,962,449 5,649,660

We present brief descriptions of all comprises lands managed by the subunit that were unoccupied at the units and their subunits below. National Park Service, Forest Service, time of listing. We have determined that State of Washington, and private all of the unoccupied and likely Unit 1: North Coast Ranges and landowners. Of this subunit, 421,078 ac occupied areas in this subunit are Olympic Peninsula (NCO) (170,404 ha) are managed as part of the essential for the conservation of the Unit 1 consists of 1,595,821 ac (645, Olympic National Park as a species to meet the recovery criterion 806 ha), and contains five subunits. This Congressionally reserved or wilderness that calls for the continued maintenance unit consists of the Oregon and area under the NWFP and are proposed and recruitment of spotted owl habitat Washington Coast Ranges Section for exclusion in the final designation. (USFWS 2011, p. ix). The increase and M242A, based on section descriptions of The FS manages 233,116 ac (94,339 ha) enhancement of spotted owl habitat is forest types from Ecological Subregions as Late-successional Reserves to necessary to provide for viable of the United States (McNab and Avers maintain functional, interactive, late- populations of spotted owls over the 1994a, Section M242A). This region is successional and old-growth forest long term by providing for population characterized by high rainfall, cool to ecosystems; 11,119 ac (4,500 ha) as expansion, successful dispersal, and moderate temperatures, and generally Congressionally reserved or wilderness buffering from competition with the low topography (1,470 to 2,460 ft (448 areas (proposed for exclusion); and barred owl. to 750 m)). High elevations and cold 80,728 ac (32,669 ha) under the Matrix NCO–2. The NCO–2 subunit consists temperatures occur in the interior land use allocation where multiple uses of approximately 494,477 ac (200,108 portions of the Olympic Peninsula, but occur, including most timber harvest ha) in Kitsap, Clallam, Jefferson, Grays spotted owls in this area are limited to and other silvicultural activities. Private Harbor, and Mason Counties, the lower elevations (less than 2,950 ft landowners manage 939 ac (380 ha) for Washington, and comprises lands (900 m)). Forests in the NCO are various uses within the Hoh-Clearwater managed by the National Park Service, dominated by western hemlock, Sitka Spotted Owl Special Emphasis Area and Forest Service. Of this subunit, spruce, Douglas-fir, and western red (SOSEA), including maintenance of 226,223 ac (91,549 ha) are managed as cedar (Thuja plicata). Hardwoods are spotted owl habitat for demographic and part of the Olympic National Park as a limited in species diversity (consist dispersal support of habitat on Federal Congressionally reserved or wilderness mostly of bigleaf maple and red alder lands and will be considered for area under the NWFP and are proposed (Alnus rubra)) and distribution within exclusion in the final designation. for exclusion in the final designation. this region, and typically occur in Threats in this subunit include current The FS manages 171,649 ac (69,464 ha) riparian zones. Root pathogens like and past timber harvest, competition as Late-successional Reserves to laminated root rot (Phellinus weirii) are with barred owls, and isolation on a maintain functional, interactive, late- important gap formers, and vine maple peninsula (along with subunit NCO–2). successional and old-growth forest (A. circinatum), among others, fills This subunit is expected to function ecosystems; 50,713 ac (20,523 ha) as these gaps. Because Douglas-fir dwarf primarily for demographic support of Congressionally reserved or wilderness mistletoe is unusual in this region, the overall population. NCO–1 is areas (also proposed for exclusion); and spotted owl nesting habitat consists of located primarily in the watersheds of 45,909 ac (18,579 ha) under the Matrix stands providing very large trees with Lyre, Hoko, Soleduck, Hoh, Quinault, land use allocation where multiple uses cavities or deformities. A few nests are Queets, and Clearwater rivers, and occur, including most timber harvest associated with western hemlock dwarf includes the northern part of the Lower and other silvicultural activities. mistletoe (Arceuthobium tsugense Chehalis River watershed. Threats in this subunit include current subsp. tsugense). Spotted owl diets are Our evaluation of sites known to be and past timber harvest, competition dominated by species associated with occupied at the time of listing indicate with barred owls, and isolation on a mature to late-successional forests that approximately 94 percent of the peninsula (along with subunit NCO–1). (flying squirrels, red tree voles), area of NCO–1 was covered by verified This subunit is expected to function resulting in similar definitions of spotted owl home ranges at the time of primarily for demographic support of habitats used for nesting/roosting and listing. When combined with likely the overall population. NCO–2 is foraging by spotted owls. occupancy of suitable habitat and located primarily in the watersheds of occupancy by non-territorial owls and the Elwha, Dungeness, Quilcene, Snow, Subunit Descriptions—Unit 1 dispersing subadults, we consider this Skokomish, and Dosewallips rivers. NCO–1. The NCO–1 subunit consists subunit to have been largely occupied at Our evaluation of sites known to be of approximately 747,000 ac (302,300 the time of listing. In addition, there occupied at the time of listing indicate ha) in Clallam, Jefferson, Grays Harbor, may be some smaller areas of younger that approximately 95 percent of the and Mason Counties, Washington, and forest within the habitat mosaic of this area of this subunit was covered by

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verified spotted owl home ranges at the between widely separated populations subunit that may have been unoccupied time of listing. When combined with by providing an opportunity for at the time of listing. We have likely occupancy of suitable habitat and dispersal to occur across generations. determined that all of the unoccupied occupancy by non-territorial owls and The designation of this subunit as and likely occupied areas in this dispersing subadults, we consider this critical habitat is necessary because subunit are essential for the subunit to have been largely occupied at limiting the designation to areas conservation of the species to meet the the time of listing. In addition, there presently occupied by the species recovery criterion that calls for the may be some smaller areas of younger would be inadequate to achieve the continued maintenance and recruitment forest within the habitat mosaic of this conservation of the northern spotted of spotted owl habitat (USFWS 2011, p. subunit that were unoccupied at the owl. Without this subunit, connectivity ix). The increase and enhancement of time of listing. We have determined that and demographic support between the spotted owl habitat in this subunit is all of the unoccupied and likely Olympic Peninsula and Western especially important for providing for occupied areas in this subunit are Cascades will be lacking, and the population expansion and additional essential for the conservation of the Olympic Peninsula population of demographic support in this region. The species to meet the recovery criterion spotted owls will remain isolated and development of additional suitable that calls for the continued maintenance potentially subject to inbreeding habitat in this subunit is needed to and recruitment of spotted owl habitat depression and other negative effects support viable spotted owl populations (USFWS 2011, p. ix). The increase and associated with isolated populations. over the long term. The recruitment of enhancement of spotted owl habitat is The Western Cascades also has been additional suitable habitat will also necessary to provide for viable identified as at risk due to low contribute to the successful dispersal of populations of spotted owls over the populations numbers and isolation from spotted owls, and serve to buffer spotted long term by providing for population the Olympic Peninsula (Thomas et al. owls from competition with the barred expansion, successful dispersal, and 1990, pp. 66–67). The achievement of a owl. buffering from competition with the stable population and adequate NCO–5. The NCO–5 subunit consists barred owl. population distribution, as required by of approximately 213,024 ac (86,207 ha) NCO–3. The NCO–3 subunit consists Recovery Criteria 1 and 2 of the Revised in Yamhill, Lincoln, Tillamook, and of approximately 14,313 ac (5,792 ha) in Recovery Plan, cannot be met without Polk Counties, Oregon, and comprises Thurston and Grays Harbor Counties, this essential subunit. lands managed by the State of Oregon, Washington, and comprises lands NCO–4. The NCO–4 subunit consists the BLM and the Forest Service. Of this managed by the Department of Defense of approximately 132,086 ac (553,453ha) subunit 14,643 ac (5,925 ha) are as part of Joint Base Lewis-McChord in Clatsop, Columbia, Tillamook, and managed by the State of Oregon for under their base management plan, Washington Counties, Oregon, and multiple uses including timber revenue which includes timber management. comprises Federal lands and lands production, recreation, and wildlife Threats in this subunit include current managed by the State of Oregon. Of this habitat according to the Northwest and past timber harvest, competition subunit, 122,675 ac (49,645 ha) are Oregon State Forest Management Plan with barred owls, limited total habitat managed as part of the Tillamook and (ODF 2010a, entire), and may be area, stand conversion, and isolation Clatsop State Forests for multiple uses considered for exclusion from the final from surrounding subunits. This including timber revenue production, critical habitat designation. Federal subunit, along with the Mineral Block recreation, and wildlife habitat lands comprise 198,368 ac (80,277 ha) SOSEA in the WCC–1 subunit and according to the Northwest Oregon State and are managed as directed by the Federal lands adjacent to this SOSEA Forest Management Plan (ODF 2010a, NWFP (USDA and USDI 1994, entire). are meant to provide opportunities for entire) and may be considered for Special management considerations or demographic support between the West exclusion in the final designation. protection are required in this subunit Cascades Central Unit and the North Federal lands encompass 9,410 ac to address threats from current and past Coast Olympic Unit. In this subunit, we (3,808 ha) of this subunit and are timber harvest and competition with are considering exemption of lands on managed as directed by the NWFP barred owls. This subunit is expected to Joint Base Lewis-McChord under (USDA and USDI 1994, entire). Special function primarily for demographic section 4(a)(3)(B) of the Act. management considerations or support to the overall population and Available information indicates that protection are required in this subunit north-south connectivity between subunit NCO–3 was unoccupied by to address threats from current and past subunits and CHUs. spotted owls at the time of listing. timber harvest and competition with Our evaluation of sites known to be However, this subunit is essential to the barred owls. This subunit is expected to occupied at the time of listing indicate conservation of the species because it function primarily for demographic that approximately 63 percent of the provides essential habitat connectivity support to the overall population. This area of NCO–5 was covered by verified for owls dispersing between occupied subunit is isolated from the nearest spotted owl home ranges at the time of habitats in the Olympic Peninsula and subunit to the north but is adjacent to listing. When combined with likely the Western Cascades. Populations in subunit NCO–5 to the south. occupancy of suitable habitat and the Olympic Peninsula are currently- Our evaluation of sites known to be occupancy by non-territorial owls and isolated, and require stepping-stones occupied at the time of listing indicate dispersing subadults, we consider a containing both nesting and dispersal that approximately 63 percent of the large part of this subunit to have been habitat to provide for genetic exchange area of NCO–4 was covered by verified occupied at the time of listing. There are with other owl populations. Proposed spotted owl home ranges at the time of some areas of younger forest in this critical habitat in this subunit has the listing. When combined with likely subunit that may have been unoccupied potential to develop sufficient nesting, occupancy of suitable habitat and at the time of listing. We have roosting, and foraging habitat to support occupancy by non-territorial owls and determined that all of the unoccupied a limited number of nesting spotted dispersing subadults, we consider a and likely occupied areas in this owls. Opportunities to nest successfully large part of this subunit to have been subunit are essential for the in NCO–3 will increase the likelihood of occupied at the time of listing. There are conservation of the species to meet the successful movement of spotted owls some areas of younger forest in this recovery criterion that calls for the

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continued maintenance and recruitment increasing proportion of the diet in the OCR–2. The OCR–2 subunit consists of spotted owl habitat (USFWS 2011, p. southern portion of the modeling region. of approximately 278,526 ac (112,715 ix). The increase and enhancement of ha) in Lane, Benton, and Lincoln Subunit Descriptions—Unit 2 spotted owl habitat in this subunit is Counties, Oregon, and comprises lands especially important for providing for OCR–1. The OCR–1 subunit consists managed by the State of Oregon, the population expansion and additional of approximately 116,576 ac (47,177 ha) BLM and the Forest Service. Of this demographic support in this region. The in Polk, Benton and Lincoln Counties, subunit 18,648 ac (7,547 ha) are development of additional suitable Oregon, and comprises lands managed managed by the State of Oregon for habitat in this subunit is needed to by the State of Oregon, the BLM, and the multiple uses including timber revenue support viable spotted owl populations Forest Service. Of this subunit 7,296 ac production, recreation, and wildlife over the long term. The recruitment of (2,953 ha) are managed by the State of habitat according to the Northwest additional suitable habitat will also Oregon for multiple uses including Oregon State Forest Management Plan contribute to the successful dispersal of timber revenue production, recreation, (ODF 2010a, entire) and may be spotted owls, and serve to buffer spotted and wildlife habitat according to the considered for exclusion in the final owls from competition with the barred Northwest Oregon State Forest critical habitat designation. Federal owl. Management Plan (ODF 2010a, entire) lands comprise 259,878 ac (105,169 ha) and may be considered for exclusion in and are managed as directed by the Unit 2: Oregon Coast Ranges (OCR) the final critical habitat designation. NWFP (USDA and USDI 1994, entire). Unit 2 consists of 891,166 ac (360,642 Federal lands comprise 109,279 ac Congressionally reserved Federal lands ha) and contains six subunits. This unit (44,224 ha) and are managed as directed in this unit are proposed for exclusion. consists of the southern third of the by the NWFP (USDA and USDI 1994, Special management considerations or Oregon and Washington Coast Ranges entire). Congressionally reserved protection are required in this subunit Section M242A, based on section Federal lands in this unit are proposed to address threats from current and past descriptions of forest types from for exclusion. Special management timber harvest and competition with barred owls. This subunit is expected to Ecological Subregions of the United considerations or protection are function primarily for demographic States (McNab and Avers 1994a, Section required in this subunit to address support to the overall population and M242A). We split the section in the threats from current and past timber north-south connectivity between vicinity of Otter Rock, OR, based on harvest and competition with barred owls. This subunit is expected to subunits. gradients of increased temperature and Our evaluation of sites known to be decreased moisture that result in function primarily for demographic support to the overall population and occupied at the time of listing indicate different patterns of vegetation to the that approximately 77 percent of the south. Generally this region is north-south connectivity between subunits and CHUs. area of OCR–2 was covered by verified characterized by high rainfall, cool to spotted owl home ranges at the time of moderate temperatures, and generally Our evaluation of sites known to be listing. When combined with likely low topography (980 to 2,460 ft (300 to occupied at the time of listing indicate occupancy of suitable habitat and 750 m)). Forests in this region are that approximately 55 percent of the occupancy by non-territorial owls and dominated by western hemlock, Sitka area of OCR–1 was covered by verified dispersing subadults, we consider this spruce, and Douglas-fir; hardwoods are spotted owl home ranges at the time of subunit to have been largely occupied at limited in species diversity (largely listing. When combined with likely the time of listing. In addition, there bigleaf maple and red alder) and occupancy of suitable habitat and may be some smaller areas of younger distribution, and are typically limited to occupancy by non-territorial owls and forest within the habitat mosaic of this riparian zones. Douglas-fir and dispersing subadults, we consider a subunit that were unoccupied at the hardwood species associated with the large part of this subunit to have been time of listing. We have determined that California Floristic Province (tanoak, occupied at the time of listing. There are all of the unoccupied and likely Pacific madrone, black oak, giant some areas of younger forest in this occupied areas in this subunit are chinquapin (Castanopsis chrysophylla)) subunit that may have been unoccupied essential for the conservation of the increase toward the southern end of the at the time of listing. We have species to meet the recovery criterion OCR. On the eastern side of the Coast determined that all of the unoccupied that calls for the continued maintenance Ranges crest, habitats tend to be drier and likely occupied areas in this and recruitment of spotted owl habitat and dominated by Douglas-fir. Root subunit are essential for the (USFWS 2011, p. ix). The increase and pathogens like laminated root rot are conservation of the species to meet the enhancement of spotted owl habitat is important gap formers, and vine maple recovery criterion that calls for the necessary to provide for viable among others fills these gaps. Because continued maintenance and recruitment populations of spotted owls over the Douglas-fir dwarf mistletoe is unusual of spotted owl habitat (USFWS 2011, p. long term by providing for population in this region, spotted owl nesting ix). The increase and enhancement of expansion, successful dispersal, and habitat tends to be limited to stands spotted owl habitat in this subunit is buffering from competition with the providing very large trees with cavities especially important for providing for barred owl. or deformities. A few nests are population expansion and additional OCR–3. The OCR–3 subunit consists associated with western hemlock dwarf demographic support in this region. The of approximately 198,497 ac (80,329 ha) mistletoe. Spotted owl diets are development of additional suitable in Lane and Douglas Counties, Oregon, dominated by species associated with habitat in this subunit is needed to and comprises lands managed by the mature to late-successional forests support viable spotted owl populations State of Oregon, the BLM, and the Forest (flying squirrels, red tree voles), over the long term. The recruitment of Service. Of this subunit 4,970 ac (2,011 resulting in similar definitions of additional suitable habitat will also ha) are managed by the State of Oregon habitats used for nesting/roosting and contribute to the successful dispersal of for multiple uses including timber foraging by spotted owls. One spotted owls, and serve to buffer spotted revenue production, recreation, and significant difference between OCR and owls from competition with the barred wildlife habitat according to the NCO is that woodrats comprise an owl. Northwest Oregon State Forest

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Management Plan (ODF 2010a, entire) large part of this subunit to have been (USFWS 2011, p. ix). The increase and and may be considered for exclusion in occupied at the time of listing. There are enhancement of spotted owl habitat is the final critical habitat designation. some areas of younger forest in this necessary to provide for viable Federal lands comprise 193,526 ac subunit that may have been unoccupied populations of spotted owls over the (78,317 ha) and are managed as directed at the time of listing. We have long term by providing for population by the NWFP (USDA and USDI 1994, determined that all of the unoccupied expansion, successful dispersal, and entire). Special management and likely occupied areas in this buffering from competition with the considerations or protection are subunit are essential for the barred owl. required in this subunit to address conservation of the species to meet the OCR–6. The OCR–6 subunit consists threats from current and past timber recovery criterion that calls for the of approximately 84,365 ac (34,141 ha) harvest and competition with barred continued maintenance and recruitment in Coos and Douglas Counties, Oregon, owls. This subunit is expected to of spotted owl habitat (USFWS 2011, and comprises lands managed by the function primarily for demographic p. ix). The increase and enhancement of BLM as directed by the NWFP (USDA support to the overall population and spotted owl habitat in this subunit is and USDI 1994, entire). Special for both north-south and east-west especially important for providing management considerations or connectivity between subunits. essential connectivity between currently protection are required in this subunit Our evaluation of sites known to be occupied areas to support the successful to address threats from current and past occupied at the time of listing indicate dispersal of spotted owls, and may also timber harvest and competition with that approximately 97 percent of the help to buffer spotted owls from barred owls. This subunit is expected to area of OCR–3 was covered by verified competition with the barred owl. function primarily for demographic spotted owl home ranges at the time of OCR–5. The OCR–5 subunit consists support to the overall population and listing. When combined with likely of approximately 184,248 ac (74,563 ha) for north-south connectivity between occupancy of suitable habitat and in Coos and Douglas Counties, Oregon, subunits and CHUs. occupancy by non-territorial owls and and comprises lands managed by the Our evaluation of sites known to be dispersing subadults, we consider this State of Oregon, the BLM, and the Forest occupied at the time of listing indicate subunit to have been largely occupied at Service. Of this subunit 46,994 ac that approximately 97 percent of the the time of listing. In addition, there (19,018 ha) are managed by the State of area of OCR–6 was covered by verified may be some smaller areas of younger Oregon for multiple uses including spotted owl home ranges at the time of forest within the habitat mosaic of this sustained economic benefit through listing. When combined with likely subunit that were unoccupied at the timber harvest and management, occupancy of suitable habitat and time of listing. We have determined that recreation, and wildlife habitat occupancy by non-territorial owls and all of the unoccupied and likely according to the Elliot State Forest dispersing subadults, we consider this occupied areas in this subunit are Management Plan (ODF 2011, entire) subunit to have been largely occupied at essential for the conservation of the and may be considered for exclusion in the time of listing. In addition, there species to meet the recovery criterion the final critical habitat designation. may be some smaller areas of younger that calls for the continued maintenance Federal lands comprise 137,254 ac forest within the habitat mosaic of this and recruitment of spotted owl habitat (55,545 ha) and are managed as directed subunit that were unoccupied at the (USFWS 2011, p. ix). The increase and by the NWFP (USDA and USDI 1994, time of listing. We have determined that enhancement of spotted owl habitat is entire). Special management all of the unoccupied and likely necessary to provide for viable considerations or protection are occupied areas in this subunit are populations of spotted owls over the required in this subunit to address essential for the conservation of the long term by providing for population threats from current and past timber species to meet the recovery criterion expansion, successful dispersal, and harvest and competition with barred that calls for the continued maintenance buffering from competition with the owls. This subunit is expected to and recruitment of spotted owl habitat barred owl. function primarily for demographic (USFWS 2011, p. ix). The increase and OCR–4. The OCR–4 subunit consists support to the overall population and enhancement of spotted owl habitat is of approximately 9,305 ac (3,766 ha) in for north-south, and potentially east- necessary to provide for viable Lane and Douglas Counties, Oregon, and west, connectivity between subunits. populations of spotted owls over the comprises lands managed by the BLM as Our evaluation of sites known to be long term by providing for population directed by the NWFP (USDA and USDI occupied at the time of listing indicate expansion, successful dispersal, and 1994, entire). Special management that approximately 94 percent of the buffering from competition with the considerations or protection are area of OCR–5 was covered by verified barred owl. required in this subunit to address spotted owl home ranges at the time of Unit 3: Redwood Coast (RWC) threats from current and past timber listing. When combined with likely harvest and competition with barred occupancy of suitable habitat and Unit 3 contains 1,550,747 ac (626,847 owls. This subunit is expected to occupancy by non-territorial owls and ha) and five subunits. This unit consists function primarily for east-west dispersing subadults, we consider this of the Northern California Coast connectivity between subunits and subunit to have been largely occupied at Ecological Section 263, based on section CHUs, and between the Oregon coast the time of listing. In addition, there descriptions of forest types from and the western Cascades. may be some smaller areas of younger Ecological Subregions of the United Our evaluation of sites known to be forest within the habitat mosaic of this States (McNab and Avers 1994b, entire). occupied at the time of listing indicate subunit that were unoccupied at the This region is characterized by low- that approximately 43 percent of the time of listing. We have determined that lying terrain (0 to 2,950 ft (0 to 900 m)) area of OCR–4 was covered by verified all of the unoccupied and likely with a maritime climate, generally spotted owl home ranges at the time of occupied areas in this subunit are mesic conditions, and moderate listing. When combined with likely essential for the conservation of the temperatures. Climatic conditions are occupancy of suitable habitat and species to meet the recovery criterion rarely limiting to spotted owls at all occupancy by non-territorial owls and that calls for the continued maintenance elevations. Forest communities are dispersing subadults, we consider a and recruitment of spotted owl habitat dominated by redwood, Douglas-fir-

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tanoak forest, coast live oak, and tanoak essential for the conservation of the that approximately 85 percent of the series. The vast majority of the region is species to meet the recovery criterion area of RDC–2 was covered by verified in private ownership, dominated by a that calls for the continued maintenance spotted owl home ranges at the time of few large industrial timberland and recruitment of spotted owl habitat listing. When combined with likely holdings. The results of numerous (USFWS 2011, p. ix). The increase and occupancy of suitable habitat and studies of spotted owl habitat enhancement of spotted owl habitat is occupancy by non-territorial owls and relationships suggest stump-sprouting necessary to provide for viable dispersing subadults, we consider this and rapid growth rates of redwoods, populations of spotted owls over the subunit to have been largely occupied at combined with high availability of long term by providing for population the time of listing. In addition, there woodrats in patchy, intensively- expansion, successful dispersal, and may be some smaller areas of younger managed forests, enables spotted owls to buffering from competition with the forest within the habitat mosaic of this maintain high densities in a wide range barred owl. subunit that were unoccupied at the of habitat conditions within the RDC–2. This subunit contains 484,880 time of listing. We have determined that Redwood zone. ac (196,224 ha) in Mendocino and all of the unoccupied and likely southwestern Humboldt Counties, occupied areas in this subunit are Subunit Descriptions—Unit 3 California. There are 32,021 ac (12,958 essential for the conservation of the RDC–1. This subunit contains 877,193 ha) of Federal lands in the subunit, species to meet the recovery criterion ac (354,987 ha) in Curry County, Oregon managed by the Bureau of Land that calls for the continued maintenance and in Del Norte, Humboldt, and Trinity Management. California State Park and recruitment of spotted owl habitat Counties, California. There are 188,056 System lands make up 19,115 ac (7,736 (USFWS 2011, p. ix). The increase and ac (76,104 ha) of Federal lands in the ha) and are proposed for exclusion in enhancement of spotted owl habitat is subunit, managed by the Forest Service, the final critical habitat designation. necessary to provide for viable National Park Service, and Bureau of The California Department of Forestry populations of spotted owls over the Land Management. California State Park and Fire Protection operates the Jackson long term by providing for population System lands make up 110,163 ac Demonstration State Forest (48,652 ac expansion, successful dispersal, and (44,581 ha) and are proposed for (19,689 ha)) for multiple uses including buffering from competition with the exclusion in the final critical habitat timber production, water quality, barred owl. designation. This subunit contains wildlife habitat, and research and also RDC–3. This subunit contains 46,785 578,974 ac (234,302 ha) of private land. may be considered for exclusion. ac (18,933 ha) in southwestern A large portion of these lands are Approximately 385,100 ac (155,845 ha) Mendocino and northwestern Sonoma included in two large private forests that of private land is included in this Counties, California. These lands are have Habitat Conservation Plans with subunit. Two large private forest land concentrated in the Garcia and Gualala conservation strategies for northern ownerships may be considered for River drainages. There are no Federal spotted owls; these are Green Diamond exclusion. The first is Mendocino lands in the subunit. There are 243 ac Resource Company with 136,008 ac Redwood Company, which is in the (98 ha) of land in the California State (55,041 ha) and Humboldt Redwood process of developing a conservation Park System and are proposed for Company with 211,700 ac (85,672 ha) strategy for northern spotted owls under exclusion, and the remaining 46,541 ac and both are proposed for exclusion in a proposed Habitat Conservation Plan. (18,835 ha) is private land. Two the final critical habitat designation. The second holding is known as the management tracts of the Mendocino Special management considerations or Campbell-Hawthorne lands, owned by Redwood Company (discussed in RDC– protection are required in this subunit the Redwood Forest Foundation, Inc. 2) are located in this subunit: Annapolis to address threats from the barred owl. (RWFI, non-profit) and managed by the (7,044 ac (2,851 ha)) and Garcia River Suitable habitat within the subunit is Campbell Group, LLC (90,000 acres (15,634 ac (6,327 ha)) and may be relatively contiguous north-to-south, (36,423 ha)). The Campbell Group has considered for exclusion in the final and is capable of supporting a approached us previously to explore the critical habitat designation. One sustainable subpopulation of owls. We possibility of developing an HCP and medium-sized private landholding, expect that this subunit will provide more recently to explore a SHA. Three Garcia River Forest (23,864 ac (9,658 strong connectivity among the adjacent medium-sized private landholdings ha)), is operated by a nonprofit CHUs to the north (OCR) and east (KLW, within this holding, Usal Forest, Big organization under a conservation ICC). The subunit is weakly connected River Forest and Salmon Creek Forest, easement and we propose to exclude to the adjacent subunit to the south are under conservation easements and this forest in the final critical habitat (RDC–2). we propose to exclude these lands in designation. Special management Our evaluation of sites known to be the final critical habitat designation. considerations or protection are occupied at the time of listing indicate Together, these easement holdings make required in this subunit to address that approximately 78 percent of the up 66,513 ac (26,917 ha). Special threats from the barred owl. Suitable area of RDC–1 was covered by verified management considerations or habitat within the subunit is spotted owl home ranges at the time of protection are required in this subunit discontinuous from north-to-south, and listing. When combined with likely to address threats from the barred owl. may not be capable of supporting a self- occupancy of suitable habitat and Suitable habitat within the subunit is sustaining subpopulation of owls occupancy by non-territorial owls and relatively contiguous north-to-south, without support from the subunit to the dispersing subadults, we consider this and is capable of supporting a north (RDC–2). The subunit is poorly subunit to have been largely occupied at sustainable subpopulation of owls. The connected to the adjacent CHU to the the time of listing. In addition, there subunit is weakly connected to the east (ICC) and to the coastal subunit to may be some smaller areas of younger adjacent CHU to the east (ICC) and to the south (RDC–4). forest within the habitat mosaic of this the coastal subunit to the north (RDC– Our evaluation of sites known to be subunit that were unoccupied at the 1); it is relatively well connected to the occupied at the time of listing indicate time of listing. We have determined that coastal subunit to the south (RDC–3). that approximately 80 percent of the all of the unoccupied and likely Our evaluation of sites known to be area of RDC–3 was covered by verified occupied areas in this subunit are occupied at the time of listing indicate spotted owl home ranges at the time of

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listing. When combined with likely occupied at the time of listing. There are may be some smaller areas of younger occupancy of suitable habitat and some areas of younger forest in this forest within the habitat mosaic of this occupancy by non-territorial owls and subunit that may have been unoccupied subunit that were unoccupied at the dispersing subadults, we consider this at the time of listing. We have time of listing. We have determined that subunit to have been largely occupied at determined that all of the unoccupied all of the unoccupied and likely the time of listing. In addition, there and likely occupied areas in this occupied areas in this subunit are may be some smaller areas of younger subunit are essential for the essential for the conservation of the forest within the habitat mosaic of this conservation of the species to meet the species to meet the recovery criterion subunit that were unoccupied at the recovery criterion that calls for the that calls for the continued maintenance time of listing. We have determined that continued maintenance and recruitment and recruitment of spotted owl habitat all of the unoccupied and likely of spotted owl habitat (USFWS 2011, (USFWS 2011, p. ix). The increase and occupied areas in this subunit are p. ix). The increase and enhancement of enhancement of spotted owl habitat is essential for the conservation of the spotted owl habitat in this subunit is necessary to provide for viable species to meet the recovery criterion especially important for providing for populations of spotted owls over the that calls for the continued maintenance population expansion and additional long term by providing for population and recruitment of spotted owl habitat demographic support in this region. The expansion, successful dispersal, and (USFWS 2011, p. ix). The increase and development of additional suitable buffering from competition with the enhancement of spotted owl habitat is habitat in this subunit is needed to barred owl. necessary to provide for viable support viable spotted owl populations Unit 4: West Cascades North (WCN) populations of spotted owls over the over the long term. The recruitment of long term by providing for population additional suitable habitat will also This unit contains 802, 832 ac expansion, successful dispersal, and contribute to the successful dispersal of (332,179 ha) and two subunits. This unit buffering from competition with the spotted owls, and serve to buffer spotted coincides with the northern Western barred owl. owls from competition with the barred Cascades Section M242B, based on RDC–4. This subunit contains 31.497 owl. section descriptions of forest types from ac (12,746 ha) in southwestern Sonoma RDC–5. This subunit contains 77,798 Ecological Subregions of the United County, California. These lands are acres (31,484 hectares) in southern States (McNab and Avers 1994a, Section concentrated north of the Russian River. Marin County, California and represents M242B), combined with the western There are no Federal lands in the the southern range limit of the portion of M242D (Northern Cascades subunit, and there are 13,421 ac (5,431 subspecies. No private lands are Section), extending from the U.S.- ha) of land in the California State Park proposed for designation in this Canadian border south to Snoqualmie system and are proposed for exclusion subunit. There are 44,866 ac (18,157 ha) Pass in central Washington. It is similar in the final critical habitat designation. of National Park land within the to the Northern Cascades Province of Private lands total 18,074 ac (7,315 ha) subunit, and an additional 11,524 ac Franklin and Dyrness (1988, pp. 17–20). of mixed forest and grazing land and (4,464 ha) of California State park lands This region is characterized by high may be considered for exclusion in the both of which are proposed for mountainous terrain with extensive final designation of critical habitat. exclusion. The Mount Tamalpais areas of glaciers and snowfields at Developed and undeveloped residential Watershed (18,900 ac (7,649 ha)) of the higher elevation. The marine climate subdivisions, commercially-zoned Marin Municipal Water District has brings high precipitation (both annual lands, and individual parcels less than been proposed for designation; as have and summer) but is modified by high 40 acres that may have been included in six Open Space Preserves totaling 2,492 elevations and low temperatures over the mapped area are not being proposed ac (1,008 ha) in the Marin County Parks much of this modeling region. The as critical habitat. There are no system and may be considered for resulting distribution of forest industrial forest landholdings in this exclusion in the final designation. vegetation is dominated by subalpine subunit. Special management Special management considerations or species, mountain hemlock and silver considerations or protection are protection are required in this subunit fir; the western hemlock and Douglas-fir required in this subunit to address to address incipient threats from the forests typically used by spotted owls threats from the barred owl. Suitable barred owl. Suitable habitat within the are more limited to lower elevations and habitat within the subunit is subunit is continuous from east to west. river valleys (spotted owls are rarely discontinuous throughout, interspersed It is unknown whether this subunit is found at elevations greater than 4,200 ft with grassland, oak woodland, and capable of supporting a self-sustaining (1,280 m) in this region) grading into the chaparral, and may not be capable of subpopulation of owls without support mesic Puget lowland to the west. supporting a self-sustaining from the subunit to the north (RDC–4). Subunit Descriptions—Unit 4 subpopulation of owls without support The lands between this subunit and the from the subunit to the north (RDC–3). nearest subunit to the east (ICC–6) are WCN–1. The WCN–1 subunit consists The subunit is poorly connected to the dominated by agricultural and urban of approximately 613,375 ac (248,224 adjacent CHU to the east (ICC) and to land use, and are very weakly ha) in Whatcom, Skagit, and Snohomish the coastal subunit to the south connected. Counties, Washington, and comprises (RDC–5). Our evaluation of sites known to be lands managed by the National Park Our evaluation of sites known to be occupied at the time of listing indicate Service, Forest Service, State of occupied at the time of listing indicate that approximately 82 percent of the Washington, and private landowners. Of that approximately 65 percent of the area of RDC–5 was covered by verified this subunit, 12,649 ac (5,119 ha) are area of RDC–4 was covered by verified spotted owl home ranges at the time of managed as part of the North Cascades spotted owl home ranges at the time of listing. When combined with likely National Park and Recreation Area as a listing. When combined with likely occupancy of suitable habitat and Congressionally reserved or wilderness occupancy of suitable habitat and occupancy by non-territorial owls and area under the NWFP and we propose occupancy by non-territorial owls and dispersing subadults, we consider this to exclude these lands in the final dispersing subadults, we consider a subunit to have been largely occupied at critical habitat designation. The Forest large part of this subunit to have been the time of listing. In addition, there Service manages 433,592 ac (175,469

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ha) as Late-successional Reserves to Washington, and private landowners. Unit 5: West Cascades Central (WCC) maintain functional, interactive, late- The Forest Service manages 104,821 ac This unit contains 1,353,045 ac successional, and old-growth forest (42,420 ha) as Late-successional (547,558 ha) and three subunits. This ecosystems; 66,653 ac (26,974 ha) as Reserves to maintain functional, region consists of the midsection of the Congressionally reserved or wilderness interactive, late-successional, and old- Western Cascades Section M242B, based areas (propose to exclude); and 4,873 ac growth forest ecosystems; 86,274 ac on section descriptions of forest types (1,972 ha) under the Matrix land use (35,914 ha) as Congressionally reserved from Ecological Subregions of the allocation where multiple uses occur, or wilderness areas (propose to United States (McNab and Avers 1994a, including most timber harvest and other exclude); and 296 ac (120 ha) under the Section M242B), extending from silvicultural activities. The State of Matrix land use allocation where Snoqualmie Pass in central Washington Washington, primarily the Department multiple uses occur, including most south to the Columbia River. It is similar of Natural Resources manages 95,837 ac timber harvest and other silvicultural to the Southern Washington Cascades (38,784 ha) for multiple uses, including activities. The State of Washington, Province of Franklin and Dyrness (1988, timber revenue production, water primarily the Department of Natural pp. 21–23). We separated this region quality, recreation and wildlife habitat. Resources manages 15,569 ac (6,300 ha) from the northern section based on Threats in this subunit include current for multiple uses, including timber differences in spotted owl habitat due to and past timber harvest, competition revenue production, water quality, relatively milder temperatures, lower with barred owls, steep topography with recreation, and wildlife habitat. Threats elevations, and greater proportion of high-elevation ridges that separate in this subunit include current and past western hemlock/Douglas-fir forest and relatively small, linear strips of suitable timber harvest, competition with barred occurrence of noble fir (A. procera) to habitat in valley bottoms, and location owls, and steep topography with high- the south of Snoqualmie Pass. Because at the northern limit of the subspecies elevation ridges that separate relatively Douglas-fir dwarf mistletoe occurs range. This subunit is expected to small, linear strips of suitable habitat in function primarily for demographic rarely in this region, spotted owl nest valley bottoms. This subunit has a key sites are largely limited to defects in support of the overall population and to role in maintaining connectivity maintain the subspecies distribution in large trees, and occasionally nests of between spotted owl populations, both other raptors. the northernmost portion of its range. north to south in the West Cascades and WCN–1 is located in the watersheds of west to east between the West and East Subunit Descriptions—Unit 5 the Stillaguamish, Skagit, and Nooksack Cascades units. This role is shared with WCC–1. The WCC–1 subunit consists rivers, and is bounded on the north by the WCC–1 subunit to the south and the of approximately 384,797 ac (155,722 the international boundary with British ECN–4 subunit to the east. This subunit ha) in King, Pierce, Thurston, Lewis, Columbia, Canada. In this subunit, we is also expected to provide demographic Kittitas, and Yakima Counties, propose to exclude lands covered under support of the overall population. Washington, and comprises lands the Washington Department of Natural WCN–2 is located in the watersheds of managed by the National Park Service, Resources State Lands HCP. the Snohomish and Cedar/Sammamish Our evaluation of sites known to be Forest Service, State of Washington, and rivers. In this subunit, we propose to private landowners. Of this subunit, occupied at the time of listing indicate exclude lands covered under the that approximately 92 percent of the 79,551 ac (32,193 ha) are managed as Washington Department of Natural part of the Mount Rainier National Park area of WCN–1 was covered by verified Resources State Lands HCP. spotted owl home ranges at the time of as a Congressionally reserved or listing. When combined with likely Our evaluation of sites known to be wilderness area under the NWFP and occupancy of suitable habitat and occupied at the time of listing indicate we propose to exclude these lands in occupancy by non-territorial owls and that approximately 79 percent of the the final critical habitat designation. dispersing subadults, we consider this area of WCN–2 was covered by verified The Forest Service manages 189,984 ac subunit to have been largely occupied at spotted owl home ranges at the time of (76,884 ha) as Late-successional the time of listing. In addition, there listing. When combined with likely Reserves to maintain functional, may be some smaller areas of younger occupancy of suitable habitat and interactive, late-successional, and old- forest within the habitat mosaic of this occupancy by non-territorial owls and growth forest ecosystems; 35,175 ac subunit that were unoccupied at the dispersing subadults, we consider this (14,235 ha) as Congressionally reserved time of listing. We have determined that subunit to have been largely occupied at or wilderness areas (propose to all of the unoccupied and likely the time of listing. In addition, there exclude); and 31,329 ac (12,678 ha) occupied areas in this subunit are may be some smaller areas of younger under the Matrix land use allocation essential for the conservation of the forest within the habitat mosaic of this where multiple uses occur, including species to meet the recovery criterion subunit that were unoccupied at the most timber harvest and other that calls for the continued maintenance time of listing. We have determined that silvicultural activities. The State of and recruitment of spotted owl habitat all of the unoccupied and likely Washington, primarily the Department (USFWS 2011, p. ix). The increase and occupied areas in this subunit are of Natural Resources manages 3,322 ac enhancement of spotted owl habitat is essential for the conservation of the (1,345 ha) for multiple uses, including necessary to provide for viable species to meet the recovery criterion timber revenue production, water populations of spotted owls over the that calls for the continued maintenance quality, recreation, and wildlife habitat. long term by providing for population and recruitment of spotted owl habitat Private landowners manage 45,463 ac expansion, successful dispersal, and (USFWS 2011, p. ix). The increase and (18,398 ha) for various uses within the buffering from competition with the enhancement of spotted owl habitat is I–90 West, I–90 East, and Mineral Block barred owl. necessary to provide for viable SOSEAs, including maintenance of WCN–2. The WCN–2 subunit consists populations of spotted owls over the spotted owl habitat for demographic and of approximately 206,885 ac (83,723 ha) long term by providing for population dispersal support of habitat on Federal in King and Snohomish Counties, expansion, successful dispersal, and lands and will be considered for Washington, and comprises lands buffering from competition with the exclusion in the final designation. managed by the Forest Service, State of barred owl. Threats in this subunit include current

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and past timber harvest, competition interactive, late-successional, and old- manages 286,220 ac (115,829 ha) as with barred owls, and stand conversion. growth forest ecosystems; 78,191 ac Late-successional Reserves to maintain This subunit is expected to provide (31,643 ha) as Congressionally reserved functional, interactive, late- demographic support of the overall or wilderness areas; and 164,206 ac successional, and old-growth forest population and to maintain (66,452 ha) under the Matrix land use ecosystems; 32,862 ac (13,299 ha) as demographic connectivity between the allocation where multiple uses occur, Congressionally reserved or wilderness Cascade Range and the Olympic including most timber harvest and other areas (propose to exclude); and 125,488 Peninsula in conjunction with subunit silvicultural activities. Private ac (50,783 ha) under the Matrix land use NCO–3. WCC–1 is located primarily in landowners manage 195 ac (79 ha) for allocation where multiple uses occur, the watersheds of the Nisqually, various uses within the Mineral Block including most timber harvest and other Puyallup, White, Duwamish, and Green SOSEA, including maintenance of silvicultural activities. The State of rivers, and also includes portions of the spotted owl habitat for demographic and Washington, primarily the Department Cowlitz River watershed in the Mineral dispersal support of habitat on Federal of Natural Resources, manages 63,504 ac Block SOSEA. In this subunit, we lands and will be considered for (21,652 ha) in the Siouxon and propose to exclude lands covered under exclusion in the final designation. Columbia Gorge SOSEAs for multiple the Washington Department of Natural Threats in this subunit include current uses, including timber revenue Resources State Lands HCP, the Cedar and past timber harvest and competition production, water quality, recreation River Watershed HCP, the Plum Creek with barred owls. This subunit is and wildlife habitat. Private landowners Timber Central Cascades HCP, the West expected to provide demographic manage 1,746 ac (706 ha) for various Fork Timber HCP, and the Tacoma support of the overall population. WCC– uses within the Siouxon and Columbia Water Green River Water Supply 2 is located primarily in the Cowlitz Gorge SOSEAs, including maintenance Operations and Watershed Protection River watersheds west of the Cascade of spotted owl habitat for demographic HCP. Crest and the headwaters of the Naches and dispersal support of habitat on Our evaluation of sites known to be River watershed east of the Crest. In this Federal lands and will be considered for occupied at the time of listing indicate subunit, we propose to exclude lands exclusion in the final designation. that approximately 96 percent of the covered under the Washington Threats in this subunit include current area of WCC–1 was covered by verified Department of Natural Resources State and past timber harvest, competition spotted owl home ranges at the time of Lands HCP, the West Fork Timber HCP, with barred owls, and the Columbia listing. When combined with likely and the Port Blakely Tree Farms L.P. River as an impediment to spotted owl occupancy of suitable habitat and (Morton Block) SHA, Landowner Option dispersal. This subunit is expected to occupancy by non-territorial owls and Plan, and Cooperative Habitat provide demographic support of the dispersing subadults, we consider this Enhancement Agreement in the final overall population and an opportunity subunit to have been largely occupied at critical habitat designation. for demographic exchange between the the time of listing. In addition, there Our evaluation of sites known to be WCC Unit and the WCS Unit. WCC–3 is may be some smaller areas of younger occupied at the time of listing indicate located primarily in the watersheds of forest within the habitat mosaic of this that approximately 96 percent of the the Lewis, Wind, and White Salmon subunit that were unoccupied at the area of WCC–2 was covered by verified rivers, and is bounded on the south by time of listing. We have determined that spotted owl home ranges at the time of the Columbia River. In this subunit, we all of the unoccupied and likely listing. When combined with likely propose to exclude lands covered under occupied areas in this subunit are occupancy of suitable habitat and the Washington Department of Natural essential for the conservation of the occupancy by non-territorial owls and Resources State Lands HCP. species to meet the recovery criterion dispersing subadults, we consider this that calls for the continued maintenance subunit to have been largely occupied at Our evaluation of sites known to be and recruitment of spotted owl habitat the time of listing. In addition, there occupied at the time of listing indicate (USFWS 2011, p. ix). The increase and may be some smaller areas of younger that approximately 96 percent of the enhancement of spotted owl habitat is forest within the habitat mosaic of this area of WCC–3 was covered by verified necessary to provide for viable subunit that were unoccupied at the spotted owl home ranges at the time of populations of spotted owls over the time of listing. We have determined that listing. When combined with likely long term by providing for population all of the unoccupied and likely occupancy of suitable habitat and expansion, successful dispersal, and occupied areas in this subunit are occupancy by non-territorial owls and buffering from competition with the essential for the conservation of the dispersing subadults, we consider this barred owl. species to meet the recovery criterion subunit to have been largely occupied at WCC–2. The WCC–2 subunit consists that calls for the continued maintenance the time of listing. In addition, there of approximately 403,978 ac (163,484 and recruitment of spotted owl habitat may be some smaller areas of younger ha) in Pierce, Lewis, Cowlitz, Skamania, (USFWS 2011, p. ix). The increase and forest within the habitat mosaic of this and Yakima Counties, Washington, and enhancement of spotted owl habitat is subunit that were unoccupied at the comprises lands managed by the necessary to provide for viable time of listing. We have determined that National Park Service, Forest Service, populations of spotted owls over the all of the unoccupied and likely State of Washington, and private long term by providing for population occupied areas in this subunit are landowners. Congressionally reserved expansion, successful dispersal, and essential for the conservation of the natural areas in Federal ownership are buffering from competition with the species to meet the recovery criterion proposed for exclusion. Of this subunit, barred owl. that calls for the continued maintenance 44,453 ac (17,989 ha) are managed as WCC–3. The WCC–3 subunit consists and recruitment of spotted owl habitat part of the Mount Rainier National Park of approximately 499,449 ac (202,120 (USFWS 2011, p. ix). The increase and as a Congressionally reserved or ha) in Clark, Skamania, and Yakima enhancement of spotted owl habitat is wilderness area under the NWFP. The Counties, Washington, and comprises necessary to provide for viable Forest Service manages 116,982 ac lands managed by the Forest Service, populations of spotted owls over the (47,341 ha) as Late-successional the State of Washington, and private long term by providing for population Reserves to maintain functional, landowners. The Forest Service expansion, successful dispersal, and

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buffering from competition with the forest within the habitat mosaic of this lands managed by the State of Oregon, barred owl. subunit that were unoccupied at the the BLM, and the Forest Service. time of listing. We have determined that Congressionally reserved natural areas Unit 6: West Cascades South (WCS) all of the unoccupied and likely in Federal ownership are proposed for Unit 6 contains 1,624,900 ac (657,574 occupied areas in this subunit are exclusion. Of this subunit, 183 ac (74 ha) and contains six subunits. This unit essential for the conservation of the ha) are managed by the State of Oregon consists of the southern portion of the species to meet the recovery criterion primarily for recreation (Oregon Western Cascades Section M242B, based that calls for the continued maintenance Administrative Rules, ch. 736, entire). on section descriptions of forest types and recruitment of spotted owl habitat The remaining 373,878 ac (151,303 ha) from Ecological Subregions of the (USFWS 2011, p. ix). The increase and are Federal lands managed as directed United States (McNab and Avers 1994a, enhancement of spotted owl habitat is by the NWFP (USDA and USDI 1994, Section M242B), and extends from the necessary to provide for viable entire). Special management Columbia River south to the North populations of spotted owls over the considerations or protection are Umpqua River. We separated this region long term by providing for population required in this subunit to address from the northern section due to its expansion, successful dispersal, and threats from current and past timber relatively milder temperatures, reduced buffering from competition with the harvest and competition with barred summer precipitation due to the barred owl. owls. This subunit is expected to influence of the Willamette Valley to the WCS–2. The WCS–2 subunit consists function primarily for demographic west, lower elevations, and greater of approximately 195,833 ac (79,251 ha) support to the overall population, as proportion of western hemlock/Douglas- in Clackamas, Marion, and Wasco well as north-south connectivity fir forest. The southern portion of this Counties, Oregon, and comprises only between subunits. region exhibits a gradient between Federal lands managed by the BLM and Our evaluation of sites known to be Douglas-fir/western hemlock and the Forest Service under the NWFP occupied at the time of listing indicate increasing Klamath-like vegetation (USDA and USDI 1994, entire). that approximately 85 percent of the (mixed conifer/evergreen hardwoods) Congressionally reserved natural areas area of WCS–3 was covered by verified which continues across the Umpqua in Federal ownership are proposed for spotted owl home ranges at the time of divide area. The southern boundary of exclusion. Special management listing. When combined with likely this region is novel and reflects a considerations or protection are occupancy of suitable habitat and transition to mixed-conifer forest required in this subunit to address occupancy by non-territorial owls and (Franklin and Dyrness 1988, pp. 23–24, threats from current and past timber dispersing subadults, we consider this 137–143). The importance of Douglas-fir harvest and competition with barred subunit to have been largely occupied at dwarf mistletoe increases to the south in owls. This subunit is expected to the time of listing. In addition, there this region, but most spotted owl nest function primarily for demographic may be some smaller areas of younger sites in defective large trees, and support to the overall population, as forest within the habitat mosaic of this occasionally nests of other raptors. well as north-south connectivity subunit that were unoccupied at the Subunit Descriptions—Unit 6 between subunits. Our evaluation of sites known to be time of listing. We have determined that WCS–1. The WCS–1 subunit consists occupied at the time of listing indicate all of the unoccupied and likely of approximately 177,738 ac (71,928 ha) that approximately 82 percent of the occupied areas in this subunit are in Multnomah, Hood River, and area of WCS–2 was covered by verified essential for the conservation of the Clackamas Counties, Oregon, and spotted owl home ranges at the time of species to meet the recovery criterion comprises only Federal lands managed listing. When combined with likely that calls for the continued maintenance by the BLM and the Forest Service occupancy of suitable habitat and and recruitment of spotted owl habitat under the NWFP (USDA and USDI occupancy by non-territorial owls and (USFWS 2011, p. ix). The increase and 1994, entire). Congressionally reserved dispersing subadults, we consider this enhancement of spotted owl habitat is natural areas in Federal ownership are subunit to have been largely occupied at necessary to provide for viable proposed for exclusion. Special the time of listing. In addition, there populations of spotted owls over the management considerations or may be some smaller areas of younger long term by providing for population protection are required in this subunit forest within the habitat mosaic of this expansion, successful dispersal, and to address threats from current and past subunit that were unoccupied at the buffering from competition with the timber harvest and competition with time of listing. We have determined that barred owl. barred owls. This subunit is expected to all of the unoccupied and likely WCS–4. The WCS–4 subunit consists function primarily for demographic occupied areas in this subunit are of approximately 453,146 ac (183,382 support to the overall population, as essential for the conservation of the ha) in Lane and Douglas Counties, well as north-south and east-west species to meet the recovery criterion Oregon, and comprises only Federal connectivity between subunits and that calls for the continued maintenance lands managed by the BLM and the CHUs. and recruitment of spotted owl habitat Forest Service under the NWFP (USDA Our evaluation of sites known to be (USFWS 2011 p. ix). The increase and and USDI 1994, entire). Congressionally occupied at the time of listing indicate enhancement of spotted owl habitat is reserved natural areas in Federal that approximately 88 percent of the necessary to provide for viable ownership are proposed for exclusion. area of WCS–1 was covered by verified populations of spotted owls over the Special management considerations or spotted owl home ranges at the time of long term by providing for population protection are required in this subunit listing. When combined with likely expansion, successful dispersal, and to address threats from current and past occupancy of suitable habitat and buffering from competition with the timber harvest and competition with occupancy by non-territorial owls and barred owl. barred owls. This subunit is expected to dispersing subadults, we consider this WCS–3. The WCS–3 subunit consists function primarily for demographic subunit to have been largely occupied at of approximately 374,061 ac (151,377 support to the overall population, as the time of listing. In addition, there ha) in Clackamas, Marion, Linn, and well as north-south connectivity may be some smaller areas of younger Lane Counties, Oregon, and comprises between subunits.

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Our evaluation of sites known to be (USFWS 2011, p. ix). The increase and increase of moist forest conditions in occupied at the time of listing indicate enhancement of spotted owl habitat is this region (Hessburg et al. 2000b, p. that approximately 86 percent of the necessary to provide for viable 165). Forest composition, particularly area of WCS–4 was covered by verified populations of spotted owls over the the presence of grand fir and western spotted owl home ranges at the time of long term by providing for population larch, distinguishes this modeling listing. When combined with likely expansion, successful dispersal, and region from the southern section of the occupancy of suitable habitat and buffering from competition with the eastern Cascades. While ponderosa pine occupancy by non-territorial owls and barred owl. forest dominates lower and middle dispersing subadults, we consider this WCS–6. The WCS–6 subunit consists elevations in both this and the southern subunit to have been largely occupied at of approximately 104,650 ac (42,351 ha) section, the northern section supports the time of listing. In addition, there in Lane, Klamath and Douglas Counties, grand fir and Douglas-fir habitat at may be some smaller areas of younger Oregon, and is managed by the BLM and middle elevations. Dwarf mistletoe forest within the habitat mosaic of this the Forest Service as directed by the provides an important component of subunit that were unoccupied at the NWFP (USDA and USDI 1994, entire). nesting habitat, enabling spotted owls to time of listing. We have determined that Special management considerations or nest within stands of relatively younger, all of the unoccupied and likely protection are required in this subunit small trees. occupied areas in this subunit are to address threats from current and past Subunit Descriptions—Unit 7 essential for the conservation of the timber harvest and competition with species to meet the recovery criterion barred owls. This subunit is expected to ECN–1. The ECN–1 subunit consists that calls for the continued maintenance function primarily for east-west of approximately 135,108 ac (54,676 ha) and recruitment of spotted owl habitat connectivity between subunits and in Whatcom, Skagit, and Okanogan (USFWS 2011, p. ix). The increase and CHUs, and between the Oregon coast Counties, Washington, and comprises enhancement of spotted owl habitat is and the western Cascades. lands managed by the National Park necessary to provide for viable Our evaluation of sites known to be Service and Forest Service. Of this populations of spotted owls over the occupied at the time of listing indicate subunit, 2,634 ac (1,066 ha) are long term by providing for population that approximately 97 percent of the managed as part of the North Cascades expansion, successful dispersal, and area of WCS–6 was covered by verified National Park and Recreation Area as a buffering from competition with the spotted owl home ranges at the time of Congressionally reserved or wilderness barred owl. listing. When combined with likely area under the NWFP and we propose WCS–5. The WCS–5 subunit consists occupancy of suitable habitat and to exclude these lands from the final of approximately 370,253 ac (149,836 occupancy by non-territorial owls and critical habitat designation. The Forest ha) in Lane and Douglas Counties, dispersing subadults, we consider this Service manages 78,681 ac (31,841 ha) Oregon, and comprises only Federal subunit to have been largely occupied at as Late-successional Reserves to lands managed by the Forest Service the time of listing. In addition, there maintain functional, interactive, late- under the NWFP (USDA and USDI may be some smaller areas of younger successional and old-growth forest 1994, entire). Congressionally reserved forest within the habitat mosaic of this ecosystems; 31,323 ac (12,676 ha) as natural areas in Federal ownership are subunit that were unoccupied at the Congressionally reserved or wilderness proposed for exclusion. Special time of listing. We have determined that areas (propose to exclude); and 22,480 management considerations or all of the unoccupied and likely ac (9,097 ha) under the Matrix land use protection are required in this subunit occupied areas in this subunit are allocation where multiple uses occur, to address threats from current and past essential for the conservation of the including most timber harvest and other timber harvest and competition with species to meet the recovery criterion silvicultural activities. Threats in this barred owls. This subunit is expected to that calls for the continued maintenance subunit include current and past timber function primarily for demographic and recruitment of spotted owl habitat harvest; competition with barred owls; support to the overall population, as (USFWS 2011, p. ix). The increase and removal or modification of habitat by well as north-south and east-west enhancement of spotted owl habitat is forest fires, insects, and diseases; steep connectivity between subunits and necessary to provide for viable topography with high-elevation ridges CHUs. populations of spotted owls over the that separate relatively small, linear, Our evaluation of sites known to be long term by providing for population strips of suitable habitat in valley occupied at the time of listing indicate expansion, successful dispersal, and bottoms; and location at the that approximately 83 percent of the buffering from competition with the northeastern limit of the range of the area of WCS–5 was covered by verified barred owl. subspecies. This subunit is expected to spotted owl home ranges at the time of provide demographic support of the Unit 7: East Cascades North (ECN) listing. When combined with likely overall population and maintain the occupancy of suitable habitat and Unit 7 contains 1,919,469 ac (776,781 subspecies distribution in the occupancy by non-territorial owls and ha) and nine subunits. This unit northeastern portion of its range. ECN– dispersing subadults, we consider this consists of the eastern slopes of the 1 is located primarily in the watershed subunit to have been largely occupied at Cascade range, extending from the of the Methow River and includes a the time of listing. In addition, there Canadian border south to the Deschutes small portion of the upper Skagit River may be some smaller areas of younger National Forest near Bend, OR. Terrain watershed. It is bounded on the north by forest within the habitat mosaic of this in portions of this region is glaciated the international boundary with British subunit that were unoccupied at the and steeply dissected. This region is Columbia, Canada. time of listing. We have determined that characterized by a continental climate Our evaluation of sites known to be all of the unoccupied and likely (cold, snowy winters and dry summers) occupied at the time of listing indicate occupied areas in this subunit are and a high-frequency/low-mixed that approximately 41 percent of the essential for the conservation of the severity fire regime. Increased area of ECN–1 was covered by verified species to meet the recovery criterion precipitation from marine air passing spotted owl home ranges at the time of that calls for the continued maintenance east through Snoqualmie Pass and the listing. When combined with likely and recruitment of spotted owl habitat Columbia River has resulted in an occupancy of suitable habitat and

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occupancy by non-territorial owls and dispersing subadults, we consider this spotted owl home ranges at the time of dispersing subadults, we consider this subunit to have been largely occupied at listing. When combined with likely subunit to have been largely occupied at the time of listing. In addition, there occupancy of suitable habitat and the time of listing. In addition, there may be some smaller areas of younger occupancy by non-territorial owls and may be some smaller areas of younger forest within the habitat mosaic of this dispersing subadults, we consider this forest within the habitat mosaic of this subunit that were unoccupied at the subunit to have been largely occupied at subunit that were unoccupied at the time of listing. We have determined that the time of listing. In addition, there time of listing. We have determined that all of the unoccupied and likely may be some smaller areas of younger all of the unoccupied and likely occupied areas in this subunit are forest within the habitat mosaic of this occupied areas in this subunit are essential for the conservation of the subunit that were unoccupied at the essential for the conservation of the species to meet the recovery criterion time of listing. We have determined that species to meet the recovery criterion that calls for the continued maintenance all of the unoccupied and likely that calls for the continued maintenance and recruitment of spotted owl habitat occupied areas in this subunit are and recruitment of spotted owl habitat (USFWS 2011, p. ix). The increase and essential for the conservation of the (USFWS 2011, p. ix). The increase and enhancement of spotted owl habitat is species to meet the recovery criterion enhancement of spotted owl habitat is necessary to provide for viable that calls for the continued maintenance necessary to provide for viable populations of spotted owls over the and recruitment of spotted owl habitat populations of spotted owls over the long term by providing for population (USFWS 2011, p. ix). The increase and long term by providing for population expansion, successful dispersal, and enhancement of spotted owl habitat is expansion, successful dispersal, and buffering from competition with the necessary to provide for viable buffering from competition with the barred owl. populations of spotted owls over the barred owl. ECN–3. The ECN–3 subunit consists long term by providing for population ECN–2. The ECN–2 subunit consists of approximately 423,801 ac (171,506 expansion, successful dispersal, and of approximately 164,310 ac (66,494 ha) ha) in Chelan County, Washington, and buffering from competition with the in Chelan County, Washington, and comprises lands managed by the Forest barred owl. comprises lands managed by the Service, the State of Washington, and ECN–4. The ECN–4 subunit consists National Park Service, and Forest private landowners. The Forest Service of approximately 303,494 ac (123,224 Service. Of this subunit, 48,922 ac manages 186,478 ac (75,465 ha) as Late- ha) in Kittitas County, Washington, and (19,798 ha) are managed as part of the successional Reserves to maintain North Cascades National Park and functional, interactive, late-successional comprises lands managed by the Forest Recreation Area as a Congressionally and old-growth forest ecosystems; Service, the State of Washington, and reserved or wilderness area under the 97,131 ac (39,307 ha) as Congressionally private landowners. The Forest Service NWFP and we propose to exclude these reserved or wilderness areas (propose to manages 99,040 ac (40,080 ha) as Late- lands in the final critical habitat exclude); and 112,267 ac (45,433 ha) successional Reserves to maintain designation. The Forest Service manages under the Matrix land use allocation functional, interactive, late- 41,999 ac (16,997 ha) as Late- where multiple uses occur, including successional, and old-growth forest successional Reserves to maintain most timber harvest and other ecosystems; 35,507 ac (14,369 ha) as functional, interactive, late-successional silvicultural activities. The State of Congressionally reserved or wilderness and old-growth forest ecosystems; Washington, primarily the Department areas (propose to exclude) and 93,283 ac 55,618 ac (22,508 ha) as Congressionally of Natural Resources, manages 5,819 ac (37,750 ha) under the Matrix land use reserved or wilderness areas (propose to (2,355 ha) in the Entiat and North allocation where multiple uses occur, exclude); and 17,771 ac (7,192 ha) under Blewett SOSEAs for multiple uses, including most timber harvest and other the Matrix land use allocation where including timber revenue production, silvicultural activities. The State of multiple uses occur, including most water quality, recreation, and wildlife Washington, primarily the Department timber harvest and other silvicultural habitat. Private landowners manage of Natural Resources, manages 9,781 ac activities. Threats in this subunit 22,575 ac (9,136 ha) for various uses (3,958 ha) mostly in the I–90 East include current and past timber harvest; within the Entiat and North Blewett SOSEA for multiple uses, including competition with barred owls; steep SOSEAs, including maintenance of timber revenue production, water topography with high-elevation ridges spotted owl habitat for demographic and quality, recreation, and wildlife habitat. that separate relatively small, linear, dispersal support of habitat on Federal Private landowners manage 66,814 ac strips of suitable habitat in valley lands and will be considered for (27,039 ha) for various uses within the bottoms; the combination of Lake exclusion in the final designation. I–90 East SOSEA, including Chelan and the Sawtooth Mountains Threats in this subunit include current maintenance of spotted owl habitat for acting as a barrier to dispersal; and and past timber harvest, competition demographic and dispersal support of removal or modification of habitat by with barred owls, and removal or habitat on Federal lands and will be forest fires, insects, and diseases. This modification of habitat by forest fires, considered for exclusion in the final subunit is expected to provide insects, and diseases. This subunit is designation. Threats in this subunit demographic support of the overall expected to provide demographic include current and past timber harvest, population. ECN–2 is located primarily support of the overall population. ECN– competition with barred owls, and in the watersheds of the Chelan and 3 is located primarily in the watershed removal or modification of habitat by Entiat rivers. of the Wenatchee River. In this subunit, forest fires, insects, and diseases. This Our evaluation of sites known to be we propose to exclude lands covered subunit is expected to provide occupied at the time of listing indicate under the Washington Department of demographic support of the overall that approximately 34 percent of the Natural Resources State Lands HCP and population. This subunit also has a key area of ECN–2 was covered by verified the Scofield Corporation HCP. role in maintaining connectivity spotted owl home ranges at the time of Our evaluation of sites known to be between spotted owl populations, both listing. When combined with likely occupied at the time of listing indicate north to south in the East Cascades occupancy of suitable habitat and that approximately 71 percent of the North Unit and west to east between the occupancy by non-territorial owls and area of ECN–3 was covered by verified West and East Cascades units. This role

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is shared with the WCN–2 subunit and Threats in this subunit include current timber revenue production, water the WCC–1 subunit to the west. ECN– and past timber harvest, competition quality, recreation, and wildlife habitat. 4 is located primarily in the Upper with barred owls, and removal or Private landowners manage 43,392 ac Yakima River watershed. In this modification of habitat by forest fires, (17,560 ha) for various uses within the subunit, we propose to exclude lands insects, and diseases. This subunit is White Salmon SOSEA, including covered under the Washington expected to provide demographic maintenance of spotted owl habitat for Department of Natural Resources State support of the overall population. ECN– demographic and dispersal support of Lands HCP and the Plum Creek Timber 5 is located primarily in the watershed habitat on Federal lands and will be Central Cascades HCP. of the Naches River. In this subunit, we considered for exclusion in the final Our evaluation of sites known to be propose to exclude lands covered under designation. Threats in this subunit occupied at the time of listing indicate the Washington Department of Natural include current and past timber harvest, that approximately 78 percent of the Resources State Lands HCP and the competition with barred owls, and the area of ECN–4 was covered by verified Plum Creek Timber Central Cascades Columbia River as an impediment to spotted owl home ranges at the time of HCP. spotted owl dispersal. This subunit is listing. When combined with likely Our evaluation of sites known to be expected to provide demographic occupancy of suitable habitat and occupied at the time of listing indicate support of the overall population. ECN– occupancy by non-territorial owls and that approximately 85 percent of the 6 is located primarily in the watersheds dispersing subadults, we consider this area of ECN–5 was covered by verified of the Klickitat and White Salmon subunit to have been largely occupied at spotted owl home ranges at the time of rivers, and is bounded on the south by the time of listing. In addition, there listing. When combined with likely the Columbia River. In this subunit, we may be some smaller areas of younger occupancy of suitable habitat and propose to exclude lands covered under forest within the habitat mosaic of this occupancy by non-territorial owls and the Washington Department of Natural subunit that were unoccupied at the dispersing subadults, we consider this Resources State Lands HCP. time of listing. We have determined that subunit to have been largely occupied at Our evaluation of sites known to be all of the unoccupied and likely the time of listing. In addition, there occupied at the time of listing indicate occupied areas in this subunit are may be some smaller areas of younger that approximately 88 percent of the essential for the conservation of the forest within the habitat mosaic of this area of ECN–6 was covered by verified species to meet the recovery criterion subunit that were unoccupied at the spotted owl home ranges at the time of that calls for the continued maintenance time of listing. We have determined that listing. When combined with likely and recruitment of spotted owl habitat all of the unoccupied and likely occupancy of suitable habitat and (USFWS 2011, p. ix). The increase and occupied areas in this subunit are occupancy by non-territorial owls and enhancement of spotted owl habitat is essential for the conservation of the dispersing subadults, we consider this necessary to provide for viable species to meet the recovery criterion subunit to have been largely occupied at populations of spotted owls over the that calls for the continued maintenance the time of listing. In addition, there long term by providing for population and recruitment of spotted owl habitat may be some smaller areas of younger expansion, successful dispersal, and (USFWS 2011, p. ix). The increase and forest within the habitat mosaic of this buffering from competition with the enhancement of spotted owl habitat is subunit that were unoccupied at the barred owl. necessary to provide for viable time of listing. We have determined that ECN–5. The ECN–5 subunit consists populations of spotted owls over the all of the unoccupied and likely of approximately 300,384 ac (121,561 long term by providing for population occupied areas in this subunit are ha) in Kittitas and Yakima Counties, expansion, successful dispersal, and essential for the conservation of the Washington, and comprises lands buffering from competition with the species to meet the recovery criterion managed by the Forest Service, the State barred owl. that calls for the continued maintenance of Washington, and private landowners. ECN–6. The ECN–6 subunit consists and recruitment of spotted owl habitat The Forest Service manages 115,583 ac of approximately 169,139 ac (68,448 ha) (USFWS 2011, p. ix). The increase and (46,775 ha) as Late-successional in Skamania, Yakima, and Klickitat enhancement of spotted owl habitat is Reserves to maintain functional, Counties, Washington, and comprises necessary to provide for viable interactive, late-successional, and old- lands managed by the Forest Service, populations of spotted owls over the growth forest ecosystems; 95,351 ac the State of Washington, and private long term by providing for population (38,587 ha) as Congressionally reserved landowners. Of this subunit, 4,466 ac expansion, successful dispersal, and or wilderness areas (propose to (1,807 ha) are managed as part of the buffering from competition with the exclude); and 83,692 ac (33,869 ha) Columbia River Gorge National Scenic barred owl. under the Matrix land use allocation Area as a Congressionally reserved area ECN–7. The ECN–7 subunit consists where multiple uses occur, including under the NWFP which we propose to of approximately 174,949 ac (70,799 ha) most timber harvest and other exclude in the final critical habitat in Hood River and Wasco Counties, silvicultural activities. The State of designation. The Forest Service manages Oregon, and comprises only Federal Washington, primarily the Department 32,430 ac (13,124 ha) as Late- lands managed by the Forest Service of Natural Resources, manages 3,400 ac successional Reserves to maintain under the NWFP (USDA and USDI (1,376 ha) mostly in the I–90 East functional, interactive, late- 1994, entire). Congressionally reserved SOSEA for multiple uses, including successional, and old-growth forest natural areas in Federal ownership are timber revenue production, water ecosystems; and 49,338 ac (19,967 ha) proposed for exclusion. Special quality, recreation, and wildlife habitat. under the Matrix land use allocation management considerations or Private landowners manage 2,322 ac where multiple uses occur, including protection are required in this subunit (940 ha) for various uses within the I– most timber harvest and other to address threats from current and past 90 East SOSEA, including maintenance silvicultural activities. The State of timber harvest, losses due to wildfire of spotted owl habitat for demographic Washington, primarily the Department and the effects on vegetation from fire and dispersal support of habitat on of Natural Resources, manages 39,555 ac exclusion, and competition with barred Federal lands and will be considered for (16,007 ha), mostly in the White Salmon owls. This subunit is expected to exclusion in the final designation. SOSEA for multiple uses, including function primarily for demographic

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support to the overall population, as species to meet the recovery criterion M261D) and the eastern slopes of the well as north-south and east-west that calls for the continued maintenance Cascades from the Crescent Ranger connectivity between subunits and and recruitment of spotted owl habitat District of the Deschutes National Forest CHUs. (USFWS 2011, p. ix). The increase and south to the Shasta area. Topography is Our evaluation of sites known to be enhancement of spotted owl habitat is gentler and less dissected than the occupied at the time of listing indicate necessary to provide for viable glaciated northern section of the eastern that nearly 100 percent of the area of populations of spotted owls over the Cascades. A large expanse of recent ECN–7 was covered by verified spotted long term by providing for population volcanic soils (pumice region) (Franklin owl home ranges at the time of listing. expansion, successful dispersal, and and Dyrness 1988, pp. 25–26), large When combined with likely occupancy buffering from competition with the areas of lodgepole pine, and increasing of suitable habitat and occupancy by barred owl. presence of red fir (A. magnifica) and non-territorial owls and dispersing ECN–9. The ECN–9 subunit consists white fir (and decreasing grand fir) subadults, we consider this subunit to of approximately 158,126 ac (63,991 ha) along a south-trending gradient further have been largely occupied at the time in Deschutes and Klamath Counties, supported separation of this region from of listing. In addition, there may be Oregon, and comprises only Federal the northern portion of the eastern some smaller areas of younger forest lands managed by the Forest Service Cascades. This region is characterized within the habitat mosaic of this subunit under the NWFP (USDA and USDI by a continental climate (cold, snowy that were unoccupied at the time of 1994). Congressionally reserved natural winters and dry summers) and a high- listing. We have determined that all of areas in Federal ownership are proposed frequency/low-mixed severity fire the unoccupied and likely occupied for exclusion. Special management regime. Ponderosa pine is a dominant areas in this subunit are essential for the considerations or protection are forest type at mid-to-lower elevations, conservation of the species to meet the required in this subunit to address with a narrow band of Douglas-fir and recovery criterion that calls for the threats from current and past timber white fir at middle elevations providing continued maintenance and recruitment harvest, losses due to wildfire and the the majority of spotted owl habitat. of spotted owl habitat (USFWS 2011, p. effects on vegetation from fire exclusion, Dwarf mistletoe provides an important ix). The increase and enhancement of and competition with barred owls. This component of nesting habitat, enabling spotted owl habitat is necessary to subunit is expected to function spotted owls to nest within stands of provide for viable populations of primarily for demographic support to relatively younger, smaller trees. spotted owls over the long term by the overall population, as well as north- providing for population expansion, south connectivity between subunits Subunit Descriptions—Unit 8 successful dispersal, and buffering from and CHUs. ECS–1. The ECS–1 subunit consists of competition with the barred owl. Our evaluation of sites known to be approximately 192,523 ac (77,911 ha) in ECN–8. The ECN–8 subunit consists occupied at the time of listing indicate Klamath, Jackson, and Douglas of approximately 157,877 ac (63,891 ha) that approximately 45 percent of the Counties, Oregon, and comprises lands in Jefferson and Deschutes Counties, area of ECN–9 was covered by verified managed by the BLM, the National Park Oregon, of Federal lands managed by spotted owl home ranges at the time of Service, and the Forest Service. Of these the Forest Service under the NWFP listing. When combined with likely acres 21,129 ac (8,550 ha) are under (USDA and USDI 1994, entire). occupancy of suitable habitat and management of the National Park Congressionally reserved natural areas occupancy by non-territorial owls and Service and are proposed for exclusion in Federal ownership are proposed for dispersing subadults, we consider this in the final critical habitat designation, exclusion. Special management subunit to have been largely occupied at while the remaining 170,394 ac (69,361 considerations or protection are the time of listing. In addition, there ha) are BLM and Forest Service lands required in this subunit to address may be some smaller areas of younger managed as directed by the NWFP threats from current and past timber forest within the habitat mosaic of this (USDA and USDI 1994, entire). Special harvest, losses due to wildfire and the subunit that were unoccupied at the management considerations or effects on vegetation from fire exclusion, time of listing. We have determined that protection are required in this subunit and competition with barred owls. This all of the unoccupied and likely to address threats from current and past subunit is expected to function occupied areas in this subunit are timber harvest, losses due to wildfire primarily for demographic support to essential for the conservation of the and the effects on vegetation from fire the overall population, as well as north- species to meet the recovery criterion exclusion, and competition with barred south connectivity between subunits. that calls for the continued maintenance owls. This subunit is expected to Our evaluation of sites known to be and recruitment of spotted owl habitat function primarily for demographic occupied at the time of listing indicate (USFWS 2011, p. ix). The increase and support to the overall population, as that approximately 61 percent of the enhancement of spotted owl habitat is well as north-south and east-west area of ECN–8 was covered by verified necessary to provide for viable connectivity between subunits and spotted owl home ranges at the time of populations of spotted owls over the CHUs. This subunit is adjacent to ECS– listing. When combined with likely long term by providing for population 2 to the south. occupancy of suitable habitat and expansion, successful dispersal, and Our evaluation of sites known to be occupancy by non-territorial owls and buffering from competition with the occupied at the time of listing indicate dispersing subadults, we consider this barred owl. that approximately 78 percent of the subunit to have been largely occupied at area of ECS–1 was covered by verified the time of listing. In addition, there Unit 8: East Cascades South (ECS) spotted owl home ranges at the time of may be some smaller areas of younger Unit 8 contains 526,815 ac (213,195 listing. When combined with likely forest within the habitat mosaic of this ha) and three subunits. This unit occupancy of suitable habitat and subunit that were unoccupied at the incorporates the Southern Cascades occupancy by non-territorial owls and time of listing. We have determined that Ecological Section M261D, based on dispersing subadults, we consider this all of the unoccupied and likely section descriptions of forest types from subunit to have been largely occupied at occupied areas in this subunit are Ecological Subregions of the United the time of listing. In addition, there essential for the conservation of the States (McNab and Avers 1994c, Section may be some smaller areas of younger

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forest within the habitat mosaic of this ECS–3. The ECS–3 subunit consists of communities such as Pacific Douglas-fir, subunit that were unoccupied at the approximately 112,960 ac (45,713 ha) in Douglas-fir tanoak, and mixed evergreen time of listing. We have determined that Siskiyou County, California, all of forest interspersed with more xeric all of the unoccupied and likely which are Federal lands managed by the forest types. Overall, the distribution of occupied areas in this subunit are Forest Service per the NWFP (USDA tanoak is a dominant factor essential for the conservation of the and USDI 1994, entire). Special distinguishing the Western Klamath species to meet the recovery criterion management considerations or Region. Douglas-fir dwarf mistletoe is that calls for the continued maintenance protection are required in this subunit uncommon and seldom used for nesting and recruitment of spotted owl habitat to address threats from current and past platforms by spotted owls. The prey (USFWS 2011, p. ix). The increase and timber harvest, losses due to wildfire base of spotted owls within the Western enhancement of spotted owl habitat is and the effects on vegetation from fire Klamath is diverse, but dominated by necessary to provide for viable exclusion, and competition with barred woodrats and flying squirrels. populations of spotted owls over the owls. The function of this subunit is to Subunit Descriptions—Unit 9 long term by providing for population provide demographic support in this expansion, successful dispersal, and area of sparsely distributed high-quality KLW–1. The KLW–1 subunit consists buffering from competition with the habitat and Federal land, and to provide of approximately 156,075 ac (63,161 ha) barred owl. for population connectivity between in Douglas, Josephine, Curry, and Coos ECS–2. The ECS–2 subunit consists of subunits to the north and south. Counties, Oregon, and comprises lands approximately 90,012 ac (36,427 ha) in Our evaluation of sites known to be managed by the State of Oregon and the Klamath and Jackson Counties, Oregon, occupied at the time of listing indicate BLM. Of this subunit 7,236 ac (2,928 ha) and Siskiyou County, California, all of that approximately 69 percent of the are managed by the State of Oregon for which are Federal lands managed by the area of ECS–3 was covered by verified multiple uses including timber revenue BLM and Forest Service per the NWFP spotted owl home ranges at the time of production, recreation, and wildlife (USDA and USDI 1994, entire). listing. When combined with likely habitat according to the Southwest Congressionally reserved natural areas occupancy of suitable habitat and Oregon State Forests Management Plan in Federal ownership are proposed for occupancy by non-territorial owls and (ODF 2010b, entire) and may be exclusion in the final critical habitat dispersing subadults, we consider a considered for exclusion in the final designation. Special management large part of this subunit to have been critical habitat designation. Federal considerations or protection are occupied at the time of listing. There are lands comprise 148,837 ac (60,233 ha) required in this subunit to address some areas of younger forest in this and are managed as directed by the threats from current and past timber subunit that may have been unoccupied NWFP (USDA and USDI 1994, entire). harvest, losses due to wildfire and the at the time of listing. We have Special management considerations or effects on vegetation from fire exclusion, determined that all of the unoccupied protection are required in this subunit and competition with barred owls. This and likely occupied areas in this to address threats from current and past subunit is expected to function subunit are essential for the timber harvest, losses due to wildfire primarily for north-south connectivity conservation of the species to meet the and the effects on vegetation from fire between subunits, but also for recovery criterion that calls for the exclusion, and competition with barred demographic support in this area of continued maintenance and recruitment owls. This subunit is expected to sparse Federal land and sparse high- of spotted owl habitat (USFWS 2011, p. function for demographic support to the quality nesting habitat. ix). The increase and enhancement of overall population and for north-south Our evaluation of sites known to be spotted owl habitat in this subunit is and east-west connectivity between occupied at the time of listing indicate especially important for providing subunits and CHUs. This subunit sits at that approximately 77 percent of the essential connectivity between currently the western edge of an important area of ECS–2 was covered by verified occupied areas to support the successful connectivity corridor between coastal spotted owl home ranges at the time of dispersal of spotted owls, and may also Oregon and the western Cascades. listing. When combined with likely help to buffer spotted owls from Our evaluation of sites known to be occupancy of suitable habitat and competition with the barred owl. occupied at the time of listing indicate occupancy by non-territorial owls and that approximately 96 percent of the dispersing subadults, we consider this Unit 9: Klamath West (KLW) area of KLW–1 was covered by verified subunit to have been largely occupied at Unit 9 contains 1,290,687 ac (522,322 spotted owl home ranges at the time of the time of listing. In addition, there ha) and nine subunits. This unit listing. When combined with likely may be some smaller areas of younger consists of the western portion of the occupancy of suitable habitat and forest within the habitat mosaic of this Klamath Mountains Ecological Section occupancy by non-territorial owls and subunit that were unoccupied at the M261A, based on section descriptions of dispersing subadults, we consider this time of listing. We have determined that forest types from Ecological Subregions subunit to have been largely occupied at all of the unoccupied and likely of the United States (McNab and Avers the time of listing. In addition, there occupied areas in this subunit are 1994c, Section M261A). A long north- may be some smaller areas of younger essential for the conservation of the south trending system of mountains forest within the habitat mosaic of this species to meet the recovery criterion (particularly South Fork Mountain) subunit that were unoccupied at the that calls for the continued maintenance creates a rainshadow effect that time of listing. We have determined that and recruitment of spotted owl habitat separates this region from more mesic all of the unoccupied and likely (USFWS 2011, p. ix). The increase and conditions to the west. This region is occupied areas in this subunit are enhancement of spotted owl habitat is characterized by very high climatic and essential for the conservation of the necessary to provide for viable vegetative diversity resulting from steep species to meet the recovery criterion populations of spotted owls over the gradients of elevation, dissected that calls for the continued maintenance long term by providing for population topography, and the influence of marine and recruitment of spotted owl habitat expansion, successful dispersal, and air (relatively high potential (USFWS 2011, p. ix). The increase and buffering from competition with the precipitation). These conditions support enhancement of spotted owl habitat is barred owl. a highly diverse mix of mesic forest necessary to provide for viable

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populations of spotted owls over the designation. Special management listing. When combined with likely long term by providing for population considerations or protection are occupancy of suitable habitat and expansion, successful dispersal, and required in this subunit to address occupancy by non-territorial owls and buffering from competition with the threats from current and past timber dispersing subadults, we consider this barred owl. harvest, losses due to wildfire and the subunit to have been largely occupied at KLW–2. The KLW–2 subunit consists effects on vegetation from fire exclusion, the time of listing. In addition, there of approximately 150,777 ac (61,017 ha) and competition with barred owls. This may be some smaller areas of younger in Josephine, Curry, and Coos Counties, subunit is expected to function for forest within the habitat mosaic of this Oregon, and comprises lands managed demographic support to the overall subunit that were unoccupied at the by the Forest Service and the BLM as population and for north-south time of listing. We have determined that directed by the NWFP (USDA and USDI connectivity between subunits and all of the unoccupied and likely 1994, entire). Congressionally reserved CHUs. occupied areas in this subunit are natural areas in Federal ownership are Our evaluation of sites known to be essential for the conservation of the proposed for exclusion in the final occupied at the time of listing indicate species to meet the recovery criterion critical habitat designation. Special that approximately 88 percent of the that calls for the continued maintenance management considerations or area of KLW–3 was covered by verified and recruitment of spotted owl habitat protection are required in this subunit spotted owl home ranges at the time of (USFWS 2011, p. ix). The increase and to address threats from current and past listing. When combined with likely enhancement of spotted owl habitat is timber harvest, losses due to wildfire occupancy of suitable habitat and necessary to provide for viable and the effects on vegetation from fire occupancy by non-territorial owls and populations of spotted owls over the exclusion, and competition with barred dispersing subadults, we consider this long term by providing for population owls. This subunit is expected to subunit to have been largely occupied at expansion, successful dispersal, and function for demographic support to the the time of listing. In addition, there buffering from competition with the overall population and for north-south may be some smaller areas of younger barred owl. and east-west connectivity between forest within the habitat mosaic of this KLW–5. The KLW–5 subunit consists subunits and CHUs. subunit that were unoccupied at the of approximately 28,622 ac (11,583 ha) Our evaluation of sites known to be time of listing. We have determined that in Josephine County, Oregon, and Del occupied at the time of listing indicate all of the unoccupied and likely Norte and Siskiyou Counties, California, that approximately 71 percent of the occupied areas in this subunit are all of which are Federal lands managed area of KLW–2 was covered by verified essential for the conservation of the by the BLM and Forest Service per the spotted owl home ranges at the time of species to meet the recovery criterion NWFP (USDA and USDI 1994, entire). listing. When combined with likely that calls for the continued maintenance Congressionally reserved natural areas occupancy of suitable habitat and and recruitment of spotted owl habitat in Federal ownership are proposed for occupancy by non-territorial owls and (USFWS 2011, p. ix). The increase and exclusion in the final critical habitat dispersing subadults, we consider this enhancement of spotted owl habitat is designation. Special management subunit to have been largely occupied at necessary to provide for viable considerations or protection are the time of listing. In addition, there populations of spotted owls over the required in this subunit to address may be some smaller areas of younger long term by providing for population threats from current and past timber forest within the habitat mosaic of this expansion, successful dispersal, and harvest, losses due to wildfire and the subunit that were unoccupied at the buffering from competition with the effects on vegetation from fire exclusion, time of listing. We have determined that barred owl. and competition with barred owls. This all of the unoccupied and likely KLW–4. The KLW–4 subunit consists subunit is expected to function for occupied areas in this subunit are of approximately 155,811 ac (63,055 ha) demographic support. essential for the conservation of the in Josephine and Jackson Counties, Our evaluation of sites known to be species to meet the recovery criterion Oregon, and Del Norte and Siskiyou occupied at the time of listing indicate that calls for the continued maintenance Counties, California, and comprises that approximately 98 percent of the and recruitment of spotted owl habitat lands managed by the Forest Service, area of KLW–5 was covered by verified (USFWS 2011, p. ix). The increase and the BLM, and the NPS that are managed spotted owl home ranges at the time of enhancement of spotted owl habitat is as directed by the NWFP (USDA and listing. When combined with likely necessary to provide for viable USDI 1994, entire). Congressionally occupancy of suitable habitat and populations of spotted owls over the reserved natural areas in Federal occupancy by non-territorial owls and long term by providing for population ownership are proposed for exclusion in dispersing subadults, we consider this expansion, successful dispersal, and the final critical habitat designation. subunit to have been largely occupied at buffering from competition with the Special management considerations or the time of listing. In addition, there barred owl. protection are required in this subunit may be some smaller areas of younger KLW–3. The KLW–3 subunit consists to address threats from current and past forest within the habitat mosaic of this of approximately 111,595 ac (45,161 ha) timber harvest, losses due to wildfire subunit that were unoccupied at the in Josephine, Curry, and Coos Counties, and the effects on vegetation from fire time of listing. We have determined that Oregon, and comprises lands managed exclusion, and competition with barred all of the unoccupied and likely by the Forest Service, the BLM and the owls. This subunit is expected to occupied areas in this subunit are State of Oregon. There are 110,356 ac function for demographic support to the essential for the conservation of the (44,660 ha) of Federal lands managed as overall population and for north-south species to meet the recovery criterion directed by the NWFP (USDA and USDI and east-west connectivity between that calls for the continued maintenance 1994, entire). The 837 ac (339 ha) of subunits and CHUs. and recruitment of spotted owl habitat State of Oregon lands are managed Our evaluation of sites known to be (USFWS 2011, p. ix). The increase and according to the Southwest Oregon State occupied at the time of listing indicate enhancement of spotted owl habitat is Forests Management Plan (ODF 2010b, that approximately 95 percent of the necessary to provide for viable entire) and may be considered for area of KLW–4 was covered by verified populations of spotted owls over the exclusion for the final critical habitat spotted owl home ranges at the time of long term by providing for population

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expansion, successful dispersal, and Our evaluation of sites known to be enhancement of spotted owl habitat is buffering from competition with the occupied at the time of listing indicate necessary to provide for viable barred owl. that approximately 91 percent of the populations of spotted owls over the KLW–6. The KLW–6 subunit consists area of KLW–7 was covered by verified long term by providing for population of approximately 159,566 ac (64,574 ha) spotted owl home ranges at the time of expansion, successful dispersal, and in Del Norte, Humboldt, and Siskiyou listing. When combined with likely buffering from competition with the Counties, California, all of which are occupancy of suitable habitat and barred owl. Federal lands managed by the Forest occupancy by non-territorial owls and KLW–9. The KLW–9 subunit consists Service as directed by the NWFP (USDA dispersing subadults, we consider this of approximately 190,140 ac (76,949 ha) and USDI 1994, entire). Congressionally subunit to have been largely occupied at in Humboldt and Trinity Counties, reserved natural areas in Federal the time of listing. In addition, there California, all of which are Federal ownership are proposed for exclusion in may be some smaller areas of younger lands managed by the Forest Service as the final critical habitat designation. forest within the habitat mosaic of this directed by the NWFP (USDA and USDI Special management considerations or subunit that were unoccupied at the 1994, entire). Congressionally reserved protection are required in this subunit time of listing. We have determined that natural areas in Federal ownership are to address threats from current and past all of the unoccupied and likely proposed for exclusion in the final timber harvest, losses due to wildfire occupied areas in this subunit are critical habitat designation. Special and the effects on vegetation from fire essential for the conservation of the management considerations or exclusion, and competition with barred species to meet the recovery criterion protection are required in this subunit owls. This subunit is expected to that calls for the continued maintenance to address threats from current and past function for demographic support. and recruitment of spotted owl habitat timber harvest, losses due to wildfire Our evaluation of sites known to be (USFWS 2011, p. ix). The increase and and the effects on vegetation from fire occupied at the time of listing indicate enhancement of spotted owl habitat is exclusion, and competition with barred that approximately 91 percent of the necessary to provide for viable owls. This subunit is expected to area of KLW–6 was covered by verified populations of spotted owls over the function for demographic support. spotted owl home ranges at the time of long term by providing for population Our evaluation of sites known to be listing. When combined with likely expansion, successful dispersal, and occupied at the time of listing indicate occupancy of suitable habitat and buffering from competition with the that approximately 89 percent of the occupancy by non-territorial owls and barred owl. area of KLW–9 was covered by verified dispersing subadults, we consider this KLW–8. The KLW–8 subunit consists spotted owl home ranges at the time of subunit to have been largely occupied at of approximately 118,671 ac (48,024 ha) listing. When combined with likely the time of listing. In addition, there in Siskiyou and Trinity Counties, occupancy of suitable habitat and may be some smaller areas of younger California, all of which are Federal occupancy by non-territorial owls and forest within the habitat mosaic of this lands managed by the BLM and Forest dispersing subadults, we consider this subunit that were unoccupied at the Service as directed by the NWFP (USDA subunit to have been largely occupied at time of listing. We have determined that and USDI 1994, entire). Congressionally the time of listing. In addition, there all of the unoccupied and likely reserved natural areas in Federal may be some smaller areas of younger occupied areas in this subunit are ownership are proposed for exclusion in forest within the habitat mosaic of this essential for the conservation of the the final critical habitat designation. subunit that were unoccupied at the species to meet the recovery criterion Special management considerations or time of listing. We have determined that that calls for the continued maintenance protection are required in this subunit all of the unoccupied and likely and recruitment of spotted owl habitat to address threats from current and past occupied areas in this subunit are (USFWS 2011, p. ix). The increase and timber harvest, losses due to wildfire essential for the conservation of the enhancement of spotted owl habitat is and the effects on vegetation from fire species to meet the recovery criterion necessary to provide for viable exclusion, and competition with barred that calls for the continued maintenance populations of spotted owls over the owls. This subunit is expected to and recruitment of spotted owl habitat long term by providing for population function for demographic support. (USFWS 2011, p. ix). The increase and expansion, successful dispersal, and Our evaluation of sites known to be enhancement of spotted owl habitat is buffering from competition with the occupied at the time of listing indicate necessary to provide for viable barred owl. that approximately 85 percent of the populations of spotted owls over the KLW–7. The KLW–7 subunit consists area of KLW–8 was covered by verified long term by providing for population of approximately 302,139 ac (122,271 spotted owl home ranges at the time of expansion, successful dispersal, and ha) in Del Norte, Humboldt, and listing. When combined with likely buffering from competition with the Siskiyou Counties, California, all of occupancy of suitable habitat and barred owl. which are Federal lands managed by the occupancy by non-territorial owls and BLM and Forest Service as directed by dispersing subadults, we consider this Unit 10: Klamath East (KLE) the NWFP (USDA and USDI 1994, subunit to have been largely occupied at Unit 10 contains 1,111,790 ac entire). Congressionally reserved natural the time of listing. In addition, there (449,926 ha) and seven subunits. This areas in Federal ownership are proposed may be some smaller areas of younger unit consists of the eastern portion of for exclusion in the final critical habitat forest within the habitat mosaic of this the Klamath Mountains Ecological designation. Special management subunit that were unoccupied at the Section M261A, based on section considerations or protection are time of listing. We have determined that descriptions of forest types from required in this subunit to address all of the unoccupied and likely Ecological Subregions of the United threats from current and past timber occupied areas in this subunit are States (McNab and Avers 1994c, Section harvest, losses due to wildfire and the essential for the conservation of the M261A), and portions of the Southern effects on vegetation from fire exclusion, species to meet the recovery criterion Cascades Ecological Section M261D in and competition with barred owls. This that calls for the continued maintenance Oregon. This region is characterized by subunit is expected to function for and recruitment of spotted owl habitat a Mediterranean climate, greatly demographic support. (USFWS 2011, p. ix). The increase and reduced influence of marine air, and

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steep, dissected terrain. Franklin and that calls for the continued maintenance to address threats from current and past Dyrness (1988, pp. 137–149) and recruitment of spotted owl habitat timber harvest, losses due to wildfire differentiate the mixed-conifer forest (USFWS 2011, p. ix). The increase and and the effects on vegetation from fire occurring on the ‘‘Cascade side of the enhancement of spotted owl habitat is exclusion, and competition with barred Klamath from the more mesic mixed necessary to provide for viable owls. This subunit is expected to evergreen forests on the western portion populations of spotted owls over the function primarily for east-west (Siskiyou Mountains),’’ and Kuchler long term by providing for population connectivity between subunits and (1977) separates out the eastern Klamath expansion, successful dispersal, and CHUs, but also for demographic based on increased occurrence of buffering from competition with the support. This subunit facilitates spotted ponderosa pine. The mixed-conifer/ barred owl. owl movements between the western evergreen hardwood forest types typical KLE–2. The KLE–2 subunit consists of Cascades and coastal Oregon and the of the Klamath region extend into the approximately 110,477 ac (44,709ha) in Klamath Mountains. southern Cascades in the vicinity of Josephine and Douglas Counties, Our evaluation of sites known to be Roseburg and the North Umpqua River, Oregon, and comprises Federal lands occupied at the time of listing indicate where they grade into the western managed by the Forest Service and the that approximately 97 percent of the hemlock forest typical of the Cascades. BLM under the NWFP (USDA and USDI area of KLE–3 was covered by verified High summer temperatures and a 1994, entire). Special management spotted owl home ranges at the time of mosaic of open forest conditions and considerations or protection are listing. When combined with likely Oregon white oak (Q. garryana) required in this subunit to address occupancy of suitable habitat and woodlands act to influence spotted owl threats from current and past timber occupancy by non-territorial owls and distribution in this region. Spotted owls harvest, losses due to wildfire and the dispersing subadults, we consider this occur at elevations up to 1,768 m. Dwarf effects on vegetation from fire exclusion, subunit to have been largely occupied at mistletoe provides an important and competition with barred owls. This the time of listing. In addition, there component of nesting habitat, enabling subunit is expected to function may be some smaller areas of younger spotted owls to nest within stands of primarily for east-west connectivity forest within the habitat mosaic of this relatively younger, small trees. between subunits and CHUs, but also subunit that were unoccupied at the for demographic support. This subunit time of listing. We have determined that Subunit Descriptions—Unit 10 facilitates spotted owl movements all of the unoccupied and likely KLE–1. The KLE–1 subunit consists of between the western Cascades and occupied areas in this subunit are approximately 262,810 ac (106,355 ha) coastal Oregon and the Klamath essential for the conservation of the in Jackson and Douglas Counties, Mountains. species to meet the recovery criterion Oregon, and comprises Federal lands Our evaluation of sites known to be that calls for the continued maintenance managed by the Forest Service and the occupied at the time of listing indicate and recruitment of spotted owl habitat BLM under the NWFP (USDA and USDI that approximately 92 percent of the (USFWS 2011, p. ix). The increase and 1994, entire). Congressionally reserved area of KLE–2 was covered by verified enhancement of spotted owl habitat is natural areas in Federal ownership are spotted owl home ranges at the time of necessary to provide for viable proposed for exclusion in the final listing. When combined with likely populations of spotted owls over the critical habitat designation. Special occupancy of suitable habitat and long term by providing for population management considerations or occupancy by non-territorial owls and expansion, successful dispersal, and protection are required in this subunit dispersing subadults, we consider this buffering from competition with the to address threats from current and past subunit to have been largely occupied at barred owl. timber harvest, losses due to wildfire the time of listing. In addition, there KLE–4. The KLE–4 subunit consists of and the effects on vegetation from fire may be some smaller areas of younger approximately 307,339 ac (124,376 ha) exclusion, and competition with barred forest within the habitat mosaic of this in Jackson, Klamath, and Douglas owls. This subunit is expected to subunit that were unoccupied at the Counties, Oregon, and comprises function primarily for demographic time of listing. We have determined that Federal lands managed by the NPS, support to the overall population, as all of the unoccupied and likely Forest Service, and the BLM under the well as north-south and east-west occupied areas in this subunit are NWFP (USDA and USDI 1994, entire). connectivity between subunits and essential for the conservation of the Congressionally reserved natural areas CHUs. species to meet the recovery criterion in Federal ownership are proposed for Our evaluation of sites known to be that calls for the continued maintenance exclusion in the final critical habitat occupied at the time of listing indicate and recruitment of spotted owl habitat designation. Special management that approximately 84 percent of the (USFWS 2011, p. ix). The increase and considerations or protection are area of KLE–1 was covered by verified enhancement of spotted owl habitat is required in this subunit to address spotted owl home ranges at the time of necessary to provide for viable threats from current and past timber listing. When combined with likely populations of spotted owls over the harvest, losses due to wildfire and the occupancy of suitable habitat and long term by providing for population effects on vegetation from fire exclusion, occupancy by non-territorial owls and expansion, successful dispersal, and and competition with barred owls. This dispersing subadults, we consider this buffering from competition with the subunit is expected to function subunit to have been largely occupied at barred owl. primarily for east-west connectivity the time of listing. In addition, there KLE–3. The KLE–3 subunit consists of between subunits and CHUs, but also may be some smaller areas of younger approximately 110,484 ac (44,711 ha) in for demographic support. forest within the habitat mosaic of this Jackson, Josephine, and Douglas Our evaluation of sites known to be subunit that were unoccupied at the Counties, Oregon, and comprises occupied at the time of listing indicate time of listing. We have determined that Federal lands managed by the Forest that approximately 81 percent of the all of the unoccupied and likely Service and the BLM under the NWFP area of KLE–4 was covered by verified occupied areas in this subunit are (USDA and USDI 1994, entire). Special spotted owl home ranges at the time of essential for the conservation of the management considerations or listing. When combined with likely species to meet the recovery criterion protection are required in this subunit occupancy of suitable habitat and

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occupancy by non-territorial owls and populations of spotted owls over the and competition with barred owls. This dispersing subadults, we consider this long term by providing for population subunit is expected to function for subunit to have been largely occupied at expansion, successful dispersal, and demographic support and also for the time of listing. In addition, there buffering from competition with the connectivity across the landscape. may be some smaller areas of younger barred owl. Our evaluation of sites known to be KLE–6. The KLE–6 subunit consists of forest within the habitat mosaic of this occupied at the time of listing indicate approximately 167,089 ac (67,619 ha) in subunit that were unoccupied at the that approximately 96 percent of the Jackson County, Oregon, and Siskiyou time of listing. We have determined that area of KLE–7 was covered by verified all of the unoccupied and likely County, California, all of which are spotted owl home ranges at the time of occupied areas in this subunit are Federal lands managed by the BLM and listing. When combined with likely essential for the conservation of the Forest Service per the NWFP (USDA occupancy of suitable habitat and species to meet the recovery criterion and USDI 1994, entire). Congressionally occupancy by non-territorial owls and that calls for the continued maintenance reserved natural areas in Federal and recruitment of spotted owl habitat ownership are proposed for exclusion in dispersing subadults, we consider this (USFWS 2011, p. ix). The increase and the final critical habitat designation. subunit to have been largely occupied at enhancement of spotted owl habitat is Special management considerations or the time of listing. In addition, there necessary to provide for viable protection are required in this subunit may be some smaller areas of younger populations of spotted owls over the to address threats from current and past forest within the habitat mosaic of this long term by providing for population timber harvest, losses due to wildfire subunit that were unoccupied at the expansion, successful dispersal, and and the effects on vegetation from fire time of listing. We have determined that buffering from competition with the exclusion, and competition with barred all of the unoccupied and likely barred owl. owls. This subunit is expected to occupied areas in this subunit are KLE–5. The KLE–5 subunit consists of function primarily for north-south essential for the conservation of the approximately 37,646 ac (15,325,ha) in connectivity between subunits, but also species to meet the recovery criterion Jackson County, Oregon, and comprises for demographic support. that calls for the continued maintenance lands managed by the BLM and the Our evaluation of sites known to be and recruitment of spotted owl habitat State of Oregon. The 37,606 ac (15,219 occupied at the time of listing indicate (USFWS 2011, p. ix). The increase and ha) of BLM land are managed per the that approximately 97 percent of the enhancement of spotted owl habitat is NWFP (USDA and USDI 1994, entire) area of KLE–6 was covered by verified necessary to provide for viable while the State of Oregon lands are spotted owl home ranges at the time of populations of spotted owls over the managed under the Southwest Oregon listing. When combined with likely long term by providing for population State Forests Management Plan (ODF occupancy of suitable habitat and expansion, successful dispersal, and 2010b, entire) and may be considered occupancy by non-territorial owls and buffering from competition with the for exclusion in the final critical habitat dispersing subadults, we consider this barred owl. designation. Special management subunit to have been largely occupied at considerations or protection are the time of listing. In addition, there Unit 11: Interior California Coast (ICC) required in this subunit to address may be some smaller areas of younger Unit 11 contains 1,276,450 ac threats from current and past timber forest within the habitat mosaic of this (516,537 ha) and eight subunits. This subunit that were unoccupied at the harvest, losses due to wildfire and the unit consists of the Northern California time of listing. We have determined that effects on vegetation from fire exclusion, Coast Ranges ecological Section M261B, all of the unoccupied and likely and competition with barred owls. This based on section descriptions of forest subunit is expected to function occupied areas in this subunit are types from Ecological Subregions of the primarily for north-south connectivity essential for the conservation of the United States (McNab and Avers 1994c, between subunits, but also for species to meet the recovery criterion Section M261B), and differs markedly demographic support. that calls for the continued maintenance Our evaluation of sites known to be and recruitment of spotted owl habitat from the adjacent redwood coast region. occupied at the time of listing indicate (USFWS 2011, p. ix). The increase and Marine air moderates winter climate, that approximately 86 percent of the enhancement of spotted owl habitat is but precipitation is limited by area of KLE–5 was covered by verified necessary to provide for viable rainshadow effects from steep spotted owl home ranges at the time of populations of spotted owls over the elevational gradients (100 to 2,400 m.) listing. When combined with likely long term by providing for population along a series of north-south trending occupancy of suitable habitat and expansion, successful dispersal, and mountain ridges. Due to the influence of occupancy by non-territorial owls and buffering from competition with the the adjacent Central Valley, summer dispersing subadults, we consider this barred owl. temperatures in the interior portions of subunit to have been largely occupied at KLE–7. The KLE–7 subunit consists of this region are among the highest within the time of listing. In addition, there approximately 73,749 ac (29,845 ha) in the spotted owl’s range. Forest may be some smaller areas of younger Siskiyou County, California, all of communities tend to be relatively dry forest within the habitat mosaic of this which are Federal lands managed by the mixed-conifer, blue and Oregon white subunit that were unoccupied at the BLM and Forest Service per the NWFP oak, and the Douglas-fir tanoak series. time of listing. We have determined that (USDA and USDI 1994, entire). Spotted owl habitat within this region is all of the unoccupied and likely Congressionally reserved natural areas poorly known; there are no DSAs, and occupied areas in this subunit are in Federal ownership are proposed for few studies have been conducted here. essential for the conservation of the exclusion in the final critical habitat Spotted owl habitat data obtained species to meet the recovery criterion designation. Special management during this project suggests that some that calls for the continued maintenance considerations or protection are spotted owls occupy steep canyons and recruitment of spotted owl habitat required in this subunit to address dominated by live oak and Douglas-fir; (USFWS 2011, p. ix). The increase and threats from current and past timber the distribution of dense conifer habitats enhancement of spotted owl habitat is harvest, losses due to wildfire and the is limited to higher elevations on the necessary to provide for viable effects on vegetation from fire exclusion, Mendocino National Forest.

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Subunit Descriptions—Unit 11 function primarily for demographic essential for the conservation of the ICC–1. The ICC–1 subunit consists of support, but also for connectivity species to meet the recovery criterion approximately 352,275 ac (142,561 ha) between subunits and CHUs. that calls for the continued maintenance in Humboldt, Trinity, Shasta, and Our evaluation of sites known to be and recruitment of spotted owl habitat Tehama Counties, California, all of occupied at the time of listing indicate (USFWS 2011, p. ix). The increase and that approximately 98 percent of the which are Federal lands managed by the enhancement of spotted owl habitat is area of ICC–2 was covered by verified BLM and the Forest Service per the necessary to provide for viable spotted owl home ranges at the time of NWFP (USDA and USDI 1994, entire). populations of spotted owls over the listing. When combined with likely Congressionally reserved natural areas long term by providing for population occupancy of suitable habitat and in Federal ownership are proposed for expansion, successful dispersal, and occupancy by non-territorial owls and exclusion in the final critical habitat buffering from competition with the dispersing subadults, we consider this designation. Special management barred owl. subunit to have been largely occupied at ICC–4. The ICC–4 subunit consists of considerations or protection are the time of listing. In addition, there approximately 173,199 ac (70,091 ha) in required in this subunit to address may be some smaller areas of younger Mendocino, Glenn, and Colusa threats from current and past timber forest within the habitat mosaic of this Counties, California, all of which are harvest, losses due to wildfire and the subunit that were unoccupied at the Federal lands managed by the BLM and effects on vegetation from fire exclusion, time of listing. We have determined that Forest Service per the NWFP (USDA and competition with barred owls. This all of the unoccupied and likely and USDI 1994, entire). Congressionally subunit is expected to function occupied areas in this subunit are reserved natural areas in Federal primarily for demographic support, but essential for the conservation of the ownership are proposed for exclusion in also for connectivity between subunits species to meet the recovery criterion the final critical habitat designation. and CHUs. that calls for the continued maintenance Special management considerations or Our evaluation of sites known to be and recruitment of spotted owl habitat protection are required in this subunit occupied at the time of listing indicate (USFWS 2011, p. ix). The increase and to address threats from current and past that approximately 97 percent of the enhancement of spotted owl habitat is timber harvest, losses due to wildfire area of ICC–1 was covered by verified necessary to provide for viable and the effects on vegetation from fire spotted owl home ranges at the time of populations of spotted owls over the exclusion, and competition with barred listing. When combined with likely long term by providing for population owls. This subunit is expected to occupancy of suitable habitat and expansion, successful dispersal, and function primarily for demographic occupancy by non-territorial owls and buffering from competition with the support. dispersing subadults, we consider this barred owl. Our evaluation of sites known to be subunit to have been largely occupied at ICC–3. The ICC–3 subunit consists of occupied at the time of listing indicate the time of listing. In addition, there approximately 257,668 ac (104,274 ha) that approximately 93 percent of the may be some smaller areas of younger in Trinity, Tehama, and Mendocino area of ICC–4 was covered by verified forest within the habitat mosaic of this Counties, California, all of which are spotted owl home ranges at the time of subunit that were unoccupied at the Federal lands managed by the BLM and listing. When combined with likely time of listing. We have determined that the Forest Service per the NWFP (USDA occupancy of suitable habitat and all of the unoccupied and likely and USDI 1994, entire). Congressionally occupancy by non-territorial owls and occupied areas in this subunit are reserved natural areas in Federal dispersing subadults, we consider this essential for the conservation of the ownership are proposed for exclusion in subunit to have been largely occupied at species to meet the recovery criterion the final critical habitat designation. the time of listing. In addition, there that calls for the continued maintenance Special management considerations or may be some smaller areas of younger and recruitment of spotted owl habitat protection are required in this subunit forest within the habitat mosaic of this (USFWS 2011, p. ix). The increase and to address threats from current and past subunit that were unoccupied at the enhancement of spotted owl habitat is timber harvest, losses due to wildfire time of listing. We have determined that necessary to provide for viable and the effects on vegetation from fire all of the unoccupied and likely populations of spotted owls over the exclusion, and competition with barred occupied areas in this subunit are long term by providing for population owls. This subunit is expected to essential for the conservation of the expansion, successful dispersal, and function primarily for demographic species to meet the recovery criterion buffering from competition with the support, but also for north-south that calls for the continued maintenance barred owl. connectivity between subunits. and recruitment of spotted owl habitat ICC–2. The ICC–2 subunit consists of Our evaluation of sites known to be (USFWS 2011, p. ix). The increase and approximately 224,779 ac (90,956 ha) in occupied at the time of listing indicate enhancement of spotted owl habitat is Humboldt and Trinity Counties, that approximately 89 percent of the necessary to provide for viable California, all of which are Federal area of ICC–3 was covered by verified populations of spotted owls over the lands managed by the BLM and the spotted owl home ranges at the time of long term by providing for population Forest Service per the NWFP (USDA listing. When combined with likely expansion, successful dispersal, and and USDI 1994, entire). Congressionally occupancy of suitable habitat and buffering from competition with the reserved natural areas in Federal occupancy by non-territorial owls and barred owl. ownership are proposed for exclusion in dispersing subadults, we consider this ICC–5. The ICC–5 subunit consists of the final critical habitat designation. subunit to have been largely occupied at approximately 47,243 ac (19,119 ha) in Special management considerations or the time of listing. In addition, there Lake and Mendocino Counties, protection are required in this subunit may be some smaller areas of younger California, all of which are Federal to address threats from current and past forest within the habitat mosaic of this lands managed by the Forest Service per timber harvest, losses due to wildfire subunit that were unoccupied at the the NWFP (USDA and USDI 1994, and the effects on vegetation from fire time of listing. We have determined that entire). Congressionally reserved natural exclusion, and competition with barred all of the unoccupied and likely areas in Federal ownership are proposed owls. This subunit is expected to occupied areas in this subunit are for exclusion in the final critical habitat

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designation. Special management occupancy by non-territorial owls and buffering from competition with the considerations or protection are dispersing subadults, we consider this barred owl. required in this subunit to address subunit to have been largely occupied at ICC–8. The ICC–8 subunit consists of threats from current and past timber the time of listing. In addition, there approximately 73,492 ac (29,741 ha) in harvest, losses due to wildfire and the may be some smaller areas of younger Siskiyou and Shasta Counties, effects on vegetation from fire exclusion, forest within the habitat mosaic of this California, all of which are Federal and competition with barred owls. This subunit that were unoccupied at the lands managed by the BLM and the subunit is expected to function time of listing. We have determined that Forest Service per the NWFP (USDA primarily for demographic support, but all of the unoccupied and likely and USDI 1994, entire). Special also for connectivity between subunits occupied areas in this subunit are management considerations or and CHUs. essential for the conservation of the protection are required in this subunit Our evaluation of sites known to be species to meet the recovery criterion to address threats from current and past occupied at the time of listing indicate that calls for the continued maintenance timber harvest, losses due to wildfire that approximately 78 percent of the and recruitment of spotted owl habitat and the effects on vegetation from fire area of ICC–5 was covered by verified (USFWS 2011, p. ix). The increase and exclusion, and competition with barred spotted owl home ranges at the time of enhancement of spotted owl habitat is owls. This subunit is expected to listing. When combined with likely necessary to provide for viable function both for demographic support occupancy of suitable habitat and populations of spotted owls over the and for connectivity between subunits occupancy by non-territorial owls and long term by providing for population in an area of sparse Federal ownership. dispersing subadults, we consider this expansion, successful dispersal, and Our evaluation of sites known to be subunit to have been largely occupied at buffering from competition with the occupied at the time of listing indicate the time of listing. In addition, there barred owl. that approximately 84 percent of the may be some smaller areas of younger ICC–7. The ICC–7 subunit consists of area of ICC–8 was covered by verified forest within the habitat mosaic of this approximately 132,386 ac (53,575 ha) in spotted owl home ranges at the time of subunit that were unoccupied at the Trinity and Shasta Counties, California, listing. When combined with likely time of listing. We have determined that all of which are Federal lands managed occupancy of suitable habitat and all of the unoccupied and likely by the BLM, NPS, and the Forest Service occupancy by non-territorial owls and occupied areas in this subunit are per the NWFP (USDA and USDI 1994, dispersing subadults, we consider this essential for the conservation of the entire). Congressionally reserved natural subunit to have been largely occupied at species to meet the recovery criterion areas in Federal ownership are proposed the time of listing. In addition, there that calls for the continued maintenance for exclusion in the final critical habitat may be some smaller areas of younger and recruitment of spotted owl habitat designation. Special management forest within the habitat mosaic of this (USFWS 2011, p. ix). The increase and considerations or protection are subunit that were unoccupied at the enhancement of spotted owl habitat is required in this subunit to address time of listing. We have determined that necessary to provide for viable threats from current and past timber all of the unoccupied and likely populations of spotted owls over the harvest, losses due to wildfire and the occupied areas in this subunit are long term by providing for population effects on vegetation from fire exclusion, essential for the conservation of the expansion, successful dispersal, and and competition with barred owls. This species to meet the recovery criterion buffering from competition with the subunit is expected to function both for that calls for the continued maintenance barred owl. demographic support and for east-west and recruitment of spotted owl habitat ICC–6. The ICC–6 subunit consists of connectivity between subunits in an (USFWS 2011, p. ix). The increase and approximately 51,519 ac (20,849 ha) in area of sparse Federal ownership. enhancement of spotted owl habitat is Napa and Sonoma Counties, California. Our evaluation of sites known to be necessary to provide for viable It is comprised largely of privately occupied at the time of listing indicate populations of spotted owls over the owned lands, which may be considered that approximately 73 percent of the long term by providing for population for exclusion from the final designation, area of ICC–7 was covered by verified expansion, successful dispersal, and along with some State and Federal spotted owl home ranges at the time of buffering from competition with the lands. Residential subdivisions, listing. When combined with likely barred owl. commercially-zoned lands, and occupancy of suitable habitat and individually-owned parcels less than 40 occupancy by non-territorial owls and Effects of Critical Habitat Designation acres that may have been included in dispersing subadults, we consider this Section 7 Consultation the mapped area are not being proposed subunit to have been largely occupied at as critical habitat. Special management the time of listing. In addition, there Section 7(a)(2) of the Act requires considerations or protection are may be some smaller areas of younger Federal agencies, including the Service, required in this subunit to address forest within the habitat mosaic of this to ensure that any action they fund, threats from current and past timber subunit that were unoccupied at the authorize, or carry out is not likely to harvest, losses due to wildfire and the time of listing. We have determined that jeopardize the continued existence of effects on vegetation from fire exclusion, all of the unoccupied and likely any endangered species or threatened and competition with barred owls. The occupied areas in this subunit are species or result in the destruction or expected function of this subunit is to essential for the conservation of the adverse modification of designated provide demographic support to an species to meet the recovery criterion critical habitat of such species. In isolated population. that calls for the continued maintenance addition, section 7(a)(4) of the Act Our evaluation of sites known to be and recruitment of spotted owl habitat requires Federal agencies to confer with occupied at the time of listing indicate (USFWS 2011, p. ix). The increase and the Service on any agency action which that approximately 90 percent of the enhancement of spotted owl habitat is is likely to jeopardize the continued area of ICC–6 was covered by verified necessary to provide for viable existence of any species proposed to be spotted owl home ranges at the time of populations of spotted owls over the listed under the Act or result in the listing. When combined with likely long term by providing for population destruction or adverse modification of occupancy of suitable habitat and expansion, successful dispersal, and proposed critical habitat.

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Decisions by the 5th and 9th Circuit 402.02) as alternative actions identified adversely modify critical habitat are Courts of Appeals have invalidated our during consultation that: those that alter the physical or regulatory definition of ‘‘destruction or (1) Can be implemented in a manner biological features to an extent that adverse modification’’ (50 CFR 402.02) consistent with the intended purpose of appreciably reduces the conservation (see Gifford Pinchot Task Force v. U.S. the action, value of critical habitat for the northern Fish and Wildlife Service, 378 F. 3d (2) Can be implemented consistent spotted owl. As discussed above, the 1059 (9th Cir. 2004) and Sierra Club v. with the scope of the Federal agency’s role of critical habitat is to support life- U.S. Fish and Wildlife Service et al., 245 legal authority and jurisdiction, history needs of the species and provide F.3d 434, 442 (5th Cir. 2001)), and we (3) Are economically and for the conservation of the species. do not rely on this regulatory definition technologically feasible, and In general, there are five possible when analyzing whether an action is (4) Would, in the Director’s opinion, outcomes in terms of how proposed likely to destroy or adversely modify avoid the likelihood of jeopardizing the Federal actions may affect the PCEs or critical habitat. Under the statutory continued existence of the listed species physical and biological features of provisions of the Act, we determine and/or avoid the likelihood of northern spotted owl critical habitat: (1) destruction or adverse modification on destroying or adversely modifying No effect; (2) wholly beneficial effects the basis of whether, with critical habitat. (e.g., improve habitat condition); (3) implementation of the proposed Federal Reasonable and prudent alternatives both short-term adverse effects and action, the affected critical habitat can vary from slight project long-term beneficial effects; (4) would continue to serve its intended modifications to extensive redesign or insignificant or discountable adverse conservation role for the species. relocation of the project. Costs effects; or (5) wholly adverse effects. If a Federal action may affect a listed associated with implementing a Actions with no effect on the PCEs and species or its critical habitat, the reasonable and prudent alternative are physical and biological features of responsible Federal agency (action similarly variable. northern spotted owl critical habitat do agency) must enter into consultation Regulations at 50 CFR 402.16 require not require section 7 consultation, with the Service. Examples of actions Federal agencies to reinitiate although such actions may still have that are subject to the section 7 consultation on previously reviewed adverse or beneficial effects on the consultation process are actions on actions in instances where we have species itself that require consultation. State, Indian, local, or private lands that listed a new species or subsequently Actions with effects to the PCEs or require a Federal permit (such as a designated critical habitat that may be physical and biological features of permit from the U.S. Army Corps of affected and the Federal agency has northern spotted owl critical habitat that Engineers under section 404 of the retained discretionary involvement or are discountable, insignificant, or Clean Water Act (33 U.S.C. 1251 et seq.) control over the action (or the agency’s wholly beneficial are considered as not or a permit from the Service under discretionary involvement or control is likely to adversely affect critical habitat section 10 of the Act) or that involve authorized by law). Consequently, and do not require formal consultation some other Federal action (such as Federal agencies sometimes may need to if the Service concurs in writing with funding from the Federal Highway request reinitiation of consultation with that Federal action agency Administration, Federal Aviation us on actions for which formal determination. Actions that are likely to Administration, or the Federal consultation has been completed, if adversely affect the physical or Emergency Management Agency). those actions with discretionary biological features of northern spotted Federal actions not affecting listed involvement or control may affect owl critical habitat require formal species or critical habitat, and actions subsequently listed species or consultation and the preparation of a on State, Indian, local, or private lands designated critical habitat. Biological Opinion by the Service. The Biological Opinion sets forth the basis that are not federally funded or Determinations of Adverse Effects and for our section 7(a)(2) determination as authorized, do not require section 7 Application of the ‘‘Adverse to whether the proposed Federal action consultation. Modification’’ Standard As a result of section 7 consultation, is likely to destroy or adversely modify we document compliance with the Section 4(b)(8) of the Act requires us northern spotted owl critical habitat. requirements of section 7(a)(2) through to briefly evaluate and describe, in any Activities that may destroy or our issuance of: proposed or final regulation that adversely modify critical habitat are (1) A concurrence letter for Federal designates critical habitat, activities those that alter the essential physical or actions that may affect, but are not involving a Federal action that may biological features of the critical habitat likely to adversely affect, listed species destroy or adversely modify such to an extent that appreciably reduces the or critical habitat; or habitat, or that may be affected by such conservation value of the critical habitat (2) A biological opinion for Federal designation. for the listed species. As discussed actions that may affect, or are likely to Section 7(a)(2) of the Act requires above, the conservation role or value of adversely affect, listed species or critical Federal agencies to ensure their actions northern spotted owl critical habitat is habitat. do not jeopardize the continued to adequately support the life-history When we issue a biological opinion existence of listed species or destroy or needs of the species to the extent that concluding that a project is likely to adversely modify critical habitat. The well-distributed and inter-connected jeopardize the continued existence of a key factor involved in the destruction/ northern spotted owl nesting listed species and/or destroy or adverse modification determination for populations at habitat carrying capacity adversely modify critical habitat, we a proposed Federal agency action is levels are likely to persist within provide reasonable and prudent whether the affected critical habitat properly functioning ecosystems at the alternatives to the project, if any are would continue to serve its intended critical habitat unit and range-wide identifiable, that would avoid the conservation role for the species with scales. likelihood of jeopardy and/or implementation of the proposed action In areas occupied at the time of destruction or adverse modification of after taking into account any anticipated listing, proposed Federal actions that critical habitat. We define ‘‘reasonable cumulative effects (USFWS 2004, in litt. may affect the essential physical or and prudent alternatives’’ (at 50 CFR entire). Activities that may destroy or biological features of northern spotted

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owl critical habitat will trigger the • The extent of the proposed action, habitat model described in Appendix C consultation requirements under section including its temporal and spatial scale, of the Revised Recovery Plan and for 7 of the Act and compliance with the relative to the critical habitat subunit which areas were evaluated for possible section 7(a)(2) standard described within which it occurs. designation. We would anticipate that above. Similarly, in areas that may have • The specific purpose for which that in most cases, restoration and thinning been unoccupied at the time of listing, subunit was identified and designated actions (see Special Management proposed Federal actions that may affect as critical habitat. Actions and Considerations) at or below the habitat qualities that served as the • The impact of the proposed action this size will likely not adversely affect basis for the determination that the area on the subunit’s likelihood of serving its a given critical habitat subunit; is essential to the conservation of the intended conservation function or however, such a determination would purpose. have to be made on a case-by-case basis, species will trigger these requirements • as well. The consultation process The overall consistency of the after careful consideration of the evaluates how a proposed action is proposed action with the intent of the specific conditions of the proposed likely to affect the capability of the recovery plan or other landscape-level action. critical habitat to support northern conservation plans. The Service believes that this 500-ac spotted owl nesting, roosting, foraging, In general, we would anticipate that (200-ha) scale is a reasonable extent for or dispersal by considering the scales at management actions that are consistent evaluating potential effects; the Service with the overall purpose for which a which the life-history requirements of would then evaluate whether there is a critical habitat unit was designated the northern spotted owl are based reasonable certainty that the proposed would be determined as not likely to regardless of the species’ presence or action would result in a measurable adversely affect or destroy or adversely absence. For an action that may affect change in the subunit’s ability to modify critical habitat. Such actions critical habitat, the next step is to provide the functions for which it was include activities whose intent is to determine whether it is likely to designated. Caveats to this restore ecological processes or long-term adversely affect critical habitat. For generalization include the need to forest health to forested landscapes that example, where a project is designed to consider the subunit’s baseline contain spotted owl habitat, such as reduce fuels such that the effect of condition and the potential for those actions described in the Revised cumulative effects within the subunit, wildfires will be reduced but will also Recovery Plan for the Northern Spotted reduce foraging opportunities within which can accrue both spatially and Owl (USFWS 2011) and elsewhere in temporally. The Service invites public treatment areas, established interagency this document. consultation teams should determine comment on this approach to effects Section 7 consultations need to determinations for the northern spotted whether the proposed project has more consider the temporal and spatial scale than an insignificant impact on the owl. of impacts a proposed action may have Actions resulting in wholly beneficial foraging PCEs for northern spotted owls. on the PCEs or essential habitat qualities effects include those that actively A localized reduction in foraging habitat associated with the affected critical promote the development or improve within a stand may have such a small habitat subunit(s). Actions that have a the functionality of critical habitat for impact on foraging PCEs within the relatively short-lived temporal impact the northern spotted owl without stand that a not likely to adversely affect will likely not adversely affect the causing adverse effects to the essential determination is appropriate. Similarly, critical habitat subunit’s role and physical or biological features. Such a hazard tree removal project in a stand function in conserving spotted owls and actions might involve variable-density with many suitable nest trees may have on that basis generally warrant a not thinning in forest stands that do not such a minimal reduction in nesting likely to adversely affect or a no- currently support nesting, roosting, or PCEs of that stand that the effect to destruction or adverse modification foraging habitat for the northern spotted nesting habitat is negligible. conclusion under formal consultation. owl to speed the development of these Scale and context are especially Likewise, proposed actions that are types of habitats while maintaining important in evaluating the potential small in spatial scale relative to the dispersal habitat function. Thinning or effects of forest management on subunit’s size and overall habitat other treatments in young plantations northern spotted owl habitat. The condition are also potentially not likely that do not provide even dispersal degree to which various forest to adversely affect the critical habitat’s habitat (but are capable of providing management activities are likely to role and function. As a general rule of habitat) would also fall into this effect affect the capability of the critical thumb, when conducting section 7 category, where these actions are habitat to support northern spotted owl consultation, we recommend specifically designed to accelerate the nesting, roosting, foraging, or dispersal consideration of a scale that is relevant development of northern spotted owl will vary depending on factors such as to the needs and biology of the spotted habitat. Some of these actions may affect the scope and location of the action and owl. As outlined in Appendix C of the critical habitat and would, therefore, the quantity of the critical habitat Revised Recovery Plan (USFWS 2011, p. require consultation under section 7 of affected. In addition, the evaluation of C–15), spotted owls select nest sites the Act. But because they may be not actions that may affect critical habitat (their most specific habitat requirement) likely to adversely affect critical habitat, for the northern spotted owl for based on conditions that exist at a the consultation may be completed purposes of completing the section variety of spatial scales beyond the nest informally through the Service’s 7(a)(2) analysis for the destruction or site, most notably the ‘‘core area’’ issuance of a concurrence letter as adverse modification determination surrounding the nest site. While these discussed above. should consider the effects of the action scales vary by study and location, we Likewise, if the adverse effects of a on the factors that were the basis for believe an area roughly 500 ac (200 ha) proposed Federal action on the physical determining the area to meet the in size is a reasonable core area metric or biological features of northern definition of critical habitat. Thus when for land managers to consider when spotted owl critical habitat at the 500- conducting section 7 consultations, the assessing effects on critical habitat. This ac (200-ha) scale are expected to be factors to be considered may include, 500-ac (200-ha) metric is consistent with discountable (extremely unlikely to but are not limited to: the methodology used to construct the occur) or insignificant, that action is

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considered not likely to adversely affect types may be involved and similar provide resiliency in the face of northern spotted owl critical habitat. In projects in different forest types may not potential climate change impacts in the such cases, the Act’s section 7 always lead to the same effect future. Targeted vegetation treatments consultation requirements can be determination for purposes of could simultaneously increase canopy satisfied through the informal compliance with section 7 of the Act. and age-class diversity, putting those concurrence process described above. Within dry forests, the Revised stands on a more efficient trajectory Examples of such actions may include: Recovery Plan emphasizes active forest towards nesting and roosting habitat Pre-commercial or commercial thinning management that could meet while reducing fuel loads. Introducing that does not delay the development of overlapping goals of northern spotted varying levels of spatial heterogeneity, essential physical or biological features; owl conservation, climate change both vertically and horizontally, into fuel-reduction treatments that have a response, and restoration of dry forest forest ecosystems can contribute to both negligible effect on northern spotted owl ecological structure, composition and of the goals stated above. foraging habitat within the stand; and process, including wildfire and other While these treatments would be the removal of hazard trees where the disturbances (USFWS 2011, pp. III–20). intended to benefit the development of removal has an insignificant effect on For the rest of the northern spotted northern spotted owl habitat over time, the capability of the stand to provide owl’s range that is not fire-prone, the they may have short-term adverse northern spotted owl nesting Revised Recovery Plan emphasizes effects but are not expected to adversely opportunities. habitat management that accelerates the modify the role and function of critical Some proposed Federal forest development of future habitat, restores habitat. Additional information about management activities may have short- larger habitat blocks, and reduces ecological forestry activities in moist term adverse effects and long-term habitat fragmentation. The following forests can be found in the Revised beneficial effects on the physical or discussion describes the type of Recovery Plan under Spotted Owls and biological features of northern spotted management approaches that would be Ecological Forestry (USFWS 2011, owl critical habitat. The Revised consistent with the revised recovery p. III–11) and Habitat Management in Recovery Plan for the Northern Spotted plan in the West Cascades/Coast Ranges Moist Forests (USFWS 2011, p. III–17). Owl anticipates that land managers will of Oregon and Washington, East Similarly, land managers should actively manage portions of both moist Cascades, and the Redwood Coast consider what areas of forest land might and dry forests to improve stand zones, and a discussion of possible be appropriate to create or restore conditions and forest resiliency, which corresponding effect determinations for complex early seral forest habitat should benefit the long-term recovery of activities implementing these (USFWS 2011, p. III–14). Ideally, such the northern spotted owl (USFWS 2011, approaches for purposes of analyzing actions should consist of relatively p. III–11). For example, variable effects to critical habitat under section small patches targeted to younger, mid- thinning in single-story, uniform forest 7 of the Act. The Klamath and Northern seral forest stands that do not cause stands to promote the development of California Interior Coast Ranges regions reductions in higher quality spotted owl multistory structure and nest trees may contain conditions similar to the three habitat, and they should be planned in result in short-term adverse impacts to regions discussed below, and similar such a way that their net occurrence on the habitat’s current capability to management approaches would be the regional landscape is consistent support owl dispersal and some consistent with the recovery needs of with ecosystem-based planning targets foraging, but have long-term benefits by the owl. (e.g., Spies et al. 2007a, entire) to creating higher quality habitat that will provide the physical or biological West Cascades/Coast Ranges of Oregon better support territorial pairs of features that are essential to the and Washington northern spotted owls. Such activities conservation of the northern spotted would have less impact in areas where The primary goal of the Revised owl. As an example, targeted variable foraging and dispersal habitat is not Recovery Plan for this portion of the retention harvest in moist forests should limiting. Even though they may have northern spotted owl’s range is to be considered where the conservation of long term beneficial effects, if they have conserve stands that support northern complex early seral forest habitat is a short-term adverse effects, such actions spotted owl occupancy or contain high- localized goal within spotted owl may adversely affect critical habitat and value northern spotted owl habitat critical habitat. Some researchers have would require formal consultation (USFWS 2011, p. III–17). Silvicultural concluded that a focus on older forest under section 7 of the Act. For treatments are generally not needed to conservation on Federal lands in the efficiency, such actions could be accomplish this goal. However, there is Pacific Northwest during the last 20 evaluated under section 7 a significant amount of younger forest years is leading to a significant programmatically at the landscape scale that occurs between and around the reduction in early seral habitat that is (e.g., National Forest or BLM District). older stands where silvicultural important to many species (Hagar 2007, Habitat conditions in moist/wet and treatments may accelerate the p. 109; Spies et al. 2007b, p. 63; Betts dry/fire-prone forests within the range development of these stands into future et al. 2010, p. 2117). Traditional of the northern spotted owl vary widely northern spotted owl nesting habitat, clearcutting on nearby private timber as do the types of management activities even if doing so temporarily degrades lands does not usually mimic natural designed to accelerate or enhance the existing dispersal habitat, as disturbance or create viable early seral development of northern spotted owl recommended in Recovery Action 6 communities that grow into high-quality habitat. ‘‘Wet’’ and ‘‘dry’’ are ends of a (USFWS 2011, p. III–19). The Revised habitat (Franklin et al. 2002, p. 419; spectrum, not distinct categories that Recovery Plan encourages silviculture Swanson et al. 2010, p. 8). In recent adequately describe the full range of designed to develop late-successional years, variable retention harvest has forest types within the range of the structural complexity and to promote been increasingly utilized as a way to northern spotted owl. Because these resilience (USFWS 2011, pp. III–17 to reconcile the often competing goals of categories are broad, and conditions on III–19). Restoration or ecological commercial timber production and the ground are more variable, land prescriptions can help uniform stands of biodiversity conservation (Carey 2003, managers and cooperators should have poor quality develop more quickly into p. 128; Rosenvald and Lohmus 2008, the expectation that multiple forest northern spotted owl habitat and p. 2; Aubry et al. 2009, p. 399; Baker

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2011, entire; Ellis and Betts 2011, p. where it currently exists and to restore refer to when developing their own 1372). It is appropriate to consider degraded habitat where it is essential to assessment approaches. We suggest that vegetation management actions within the owl and can be best sustained on the the value of such assessments in guiding critical habitat to restore or encourage landscape as recommended in the vegetation management within critical early seral restoration where such Revised Recovery Plan (USFWS 2011, habitat can be enhanced by spatially habitat is underrepresented at the Section III). Successfully accomplishing identifying locations where restoration landscape ecosystem level and the goal these objectives can be facilitated by objectives and northern spotted owl is to conserve landscape and biological spatially and temporally explicit habitat objectives converge, are in diversity (Betts et al. 2010, pp. 2126– landscape assessments that identify conflict, or simply are not an issue. We 2127; Messier et al. 2012, p. 69). Such areas valuable for northern spotted owl suggest the following approach for the actions may adversely affect critical conservation and recovery, as well as East Cascades: habitat, but they are not expected to areas important for process restoration (1) Spatially identify and map: adversely modify the role and function (e.g., Prather et al. 2008, p. 149). Such a. Existing northern spotted owl of critical habitat at the watershed or assessments could answer questions habitat and northern spotted owl larger landscape scale (i.e., subunit or which are frequently asked about nesting sites. unit). proposed forest management activities, b. Places on the landscape where northern spotted owl habitat is expected East Cascades namely ‘‘why here?’’ and ‘‘why now?’’ Providing well-reasoned responses to to be retained longer on the landscape The Revised Recovery Plan these questions becomes especially in the face of disturbance activities such recommends that the dynamic, fire- important when restoration activities as fire and insect outbreaks. prone portion of the northern spotted degrade or remove existing northern c. Places on the landscape where key owl’s range be actively managed to spotted owl habitat. By scaling up ecosystem structures and processes are conserve northern spotted owls, but also conservation and restoration planning at risk and would benefit from address climate change and restore dry from the stand to the landscape level, restoration (e.g., legacy trees, unique forest ecological structure, composition, many apparent conflicts may disappear habitats). and processes (e.g., wildfire) to provide because management actions can be (2) Overlay what is known about for the long-term conservation of the prioritized and spatially partitioned landscape patterns of vegetation and species and its habitat in a dynamic (Prather et al. 2008, p. 149; Rieman et disturbance processes with items from ecosystem (USFWS 2011, pp, III–13, III– al. 2010, p. 464). For example, portions step 1 above to determine: 20). To do this, management actions of the landscape can be identified where a. Stands of high restoration value but will need to be implemented that there may be no conflict between low value as existing northern spotted balance short-term adverse effects with objectives, and where relatively owl habitat. long-term beneficial effects. In some aggressive approaches to ecosystem b. Stands of low restoration value but cases, formal consultation on the effects restoration can occur without placing high value as existing northern spotted of dry forest management activities on listed species at substantial risk (Prather owl habitat. northern spotted owl critical habitat is c. Stands of low restoration value and et al. 2008, pp. 147–149; Gaines et al. likely to occur; in other cases, there may low value as existing northern spotted 2010, pp. 2049–2050). Conflicts between be no adverse effects and consultation owl habitat. objectives will remain in some can be concluded informally. d. Stands of high restoration value Management in dry forests should locations, for example in places where and high value as existing northern increase the likelihood that northern removing younger, shade-intolerant spotted owl habitat. spotted owl habitat will remain on the conifers to reduce competition with In locations where there is high landscape longer and develop as part of larger, legacy conifers may result in a restoration value and high value as the dynamic fire- and disturbance- substantial decrease in canopy cover existing northern spotted owl habitat, a adapted community. Several that translates into a reduction in landscape assessment can help to build management approaches can be northern spotted owl habitat quality. a strong rationale for impacting owl described for these systems. The first is However, when this sort of treatment is habitat functionality to achieve broader to maintain adequate northern spotted well designed, strategically located, and landscape goals. Conditions that may owl habitat in the near term to allow justified within a landscape approach to support management activities in these owls to persist on the landscape in the treatments, it is easier to assess its stands may include, but are not limited face of threats from barred owl effectiveness in meeting both owl to: expansion and habitat alterations from conservation and forest restoration (1) The patch of habitat is located in fire and other disturbances. The next is needs. an area where it is likely unsustainable to restore landscapes that are resilient to Landscape assessments developed at and has the potential for conveying fire and other disturbances, including the scale of entire National Forests, natural disturbances across the those projected to occur with climate Ranger Districts, or BLM Districts have landscape in ways that jeopardize large change. This will require more than the broad perspective that can improve patches of suitable northern spotted owl reducing fuels and thinning trees to our ability to estimate effects of our habitat. promote low-severity fires; management management activities on the function (2) There are nearby areas that are will need to develop ‘‘more natural of critical habitat and better identify and more likely to sustain suitable northern patterns and patch size distributions of prioritize treatment areas and the spotted owl habitat and are either forest structure, composition, fuels, and actions that will restore landscapes currently habitat or will likely develop fire regime area’’ (Hessburg et al. 2007, while conserving northern spotted owl suitable conditions within the next 30 p. 21). habitat. The Okanogan-Wenatchee years. Our prime objective for vegetation National Forest has developed a (3) The patch of habitat does not management activities within northern landscape evaluation process as part of appear to be associated with a northern spotted owl critical habitat is to their forest restoration strategy (USDA spotted owl home range or to promote maintain adequate amounts of nesting, 2010, pp. 36–52) that can serve as an successful dispersal between existing roosting, foraging or dispersal habitat example other administrative units can home ranges.

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(4) The area will still retain some Redwood Coast but still warrant a conclusion that it will habitat function after treatment, while While the Redwood Coast region of not destroy or adversely modify critical still meeting the intended restoration coastal northern California is similar to habitat. An action may destroy or objective. For example, stands that are the West Cascades/Coast region in many adversely modify critical habitat if it suitable as foraging habitat may be respects, there are some distinct adversely affects the essential physical degraded post treatment but remain differences in northern spotted owl or biological features to an extent that foraging habitat after treatment. Or, habitat use and diet within this zone. the intended conservation role of stands may be downgraded to dispersal The long growing season, combined critical habitat for the northern spotted habitat as a result of treatment. with the redwood’s ability to resprout owl is appreciably reduced. The adverse modification We do not expect the desired from stumps, allows redwood stands to determination is made at the scale of the landscape conditions will be achieved attain suitable stand structure for entire designated critical habitat unless within the next decade or two, but it nesting in a relatively short period of will require a longer time to be restored the final critical habitat rule identifies time (40 to 60 years) if legacy structures another basis for that determination, as younger forests develop into northern are present. In contrast to the large, spotted owl nesting, roosting, and such as at the scale of discrete units contiguous, older stands desired in and/or groups of units necessary for foraging habitat. In the interim, other wet provinces, some degree of management actions are needed that different life cycle phases, units fine-scale fragmentation in redwood representing distinctive habitat protect current habitat, especially where forests appears to benefit northern it occurs in larger blocks on areas of the characteristics or gene pools, or units spotted owls. These openings provide fulfilling essential geographical landscape where it is more likely to be habitat for the northern spotted owl’s resistant or resilient to fires and other distribution requirements of the species primary prey, the dusky-footed woodrat. (USFWS and NMFS 1998, p. 4–39). In disturbance agents. Actions are also High woodrat abundance is associated needed to accelerate the restoration of the case of spotted owl critical habitat, with dense shrub and hardwood cover the adverse modification determination habitat, especially where it is consistent that persists for up to 20 years in recent with overall forest restoration and will be made at the scale of the entire forest openings created by harvesting or designated critical habitat. However, by occurs in those portions of the burns. Under dense shrub and landscape that are less fire prone or are describing the relationship between the hardwood cover, woodrats can forage, conservation role of affected subunits, resilient in the face of these build nests, and reproduce, relatively units, and the entire designated critical disturbances. The careful application of secure from owl predation. These sites habitat in the biological opinion, a these types of activities will be quickly become overpopulated and sensitive analytical framework is necessary to achieve the desired future surplus individuals are displaced into established for informing the landscape that is resilient to future adjacent older stands where they determination of whether a proposed disturbances; a landscape in which the become available as owl prey. When action is likely to appreciably reduce natural disturbance process no longer developing stands reach an age of the conservation role of the critical threaten the conservation of the around 20 years, understory vegetation habitat overall. In this way, a proposed northern spotted owl, but acts to is increasingly shaded-out, cover and action that compromises the capability maintain and restore necessary habitat food sources become scarce, and of a subunit or unit to fulfill its essential components. As such, we anticipate that woodrat abundance declines rapidly. By conservation role (e.g., demographic, projects designed to achieve this goal this time, the stand that once supported genetic, or distributional support for will need to be of a larger spatial scale a dense woodrat population makes a spotted owl recovery) would represent as to have a meaningful effect on structural transition into a stand where an appreciable reduction in the wildfire behavior, severity, and extent. woodrats are subject to intense owl conservation value of the entire The effects of these projects will vary predation. In northern spotted owl designated critical habitat. This depending on existing condition, territories within the Redwood Forest approach should avoid ‘‘death-by-a- prescriptions, proximity of habitat, etc. zone, active management that creates thousand-cuts’’ outcomes of formal It is likely that such projects may affect small openings within foraging habitat consultations (i.e., false, no-adverse- northern spotted owl critical habitat and can enhance northern spotted owl modification determinations). This require section 7 consultation. foraging opportunities and produce or approach will also take into account any Some situations also exist in the retain habitat suitability in the short redundancy in conservation function proposed critical habitat where northern term. Actions consistent with this type that may be associated with affected spotted owl habitat has been created of land management are not expected to subunits or units for purposes of through fire suppression activities (e.g., adversely modify critical habitat. informing the significance of project meadow conversion, white fir effects relative to the conservation Summary of Adverse Modification intrusion), but retention of those function of the entire designated critical forested habitat elements is contrary to This discussion has covered projects habitat. Such redundancy is likely to the overall goals of ecosystem that may or may not require formal decrease the significance of adverse restoration and long-term security for section 7 consultation. It is also project effects at the scale of the entire the owl. Restoration projects that important to distinguish between a designated critical habitat. remove these elements, while finding that a project is likely to As described above, we do not recommended, may adversely affect adversely affect critical habitat and a anticipate that activities consistent with northern spotted owls or their critical finding at the conclusion of formal the stated management goals or habitat and may need to be evaluated consultation that a project is likely to recommended recovery actions of the through the section 7 consultation destroy or adversely modify critical Revised Recovery Plan for the Northern process. Additional information about habitat; these are two very different Spotted Owl (USFWS 2011, Chapters II restoration activities in dry forests can outcomes. It is not uncommon for a and III) would constitute adverse be found in the Revised Recovery Plan proposed project to be considered as modification of critical habitat, even if under Restoring Dry Forest Ecosystems likely to adversely affect critical habitat those activities may have adverse effects (USFWS 2011, p. III–32). and thus require formal consultation, in the short term, if the result over the

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long term is an improvement in the Department of Defense lands with in this region of Washington, and it function of the habitat to provide for the completed, Service-approved INRMPs provides the largest contiguous block of essential life-history needs of the within the proposed revised critical forest in this area as well. The potential northern spotted owl. habitat designation. development of suitable owl habitat at JBLM provides one of the only feasible Exemptions Approved INRMPs opportunities for establishing Application of Section 4(a)(3) of the Act Joint Base Lewis-McChord connectivity between owl populations The Sikes Act Improvement Act of Joint Base Lewis-McChord (JBLM), in the Olympic Peninsula and the 1997 (Sikes Act) (16 U.S.C. 670a) formerly known as Fort Lewis, is an western Cascades Range. Connectivity required each military installation that 86,500-ac (35,000-ha) U.S. Army allows gene flow between populations, includes land and water suitable for the military reservation in western and further maintains northern spotted conservation and management of Washington, south of Tacoma and the owl distribution and metapopulation natural resources to complete an Puget Sound. JBLM contains one of the dynamics, which are important integrated natural resource management largest remaining intact forest areas in components of the recovery strategy for plan (INRMP) by November 17, 2001. the Puget Sound basin, with the northern spotted owl (USFWS 2011, An INRMP integrates implementation of approximately 54,400 ac (22,000 ha) of p. III–1, III–44). The Forest Management the military mission of the installation forests and woodlands, predominantly Strategy (2005, p. 82) notes that the with stewardship of the natural of the dry Douglas-fir forest type and mosaic of dry forest, woodland, and resources found on the base. Each including some moist forest types prairie at JBLM is very different from INRMP includes: (Douglas-fir, red cedar, hemlock). The typical forest landscapes that support (1) An assessment of the ecological forested area of JBLM is managed by the northern spotted owls, and that while needs on the installation, including the Base’s Forestry Program, and the suitable habitat for dispersal of northern need to provide for the conservation of primary mission for the JBLM Forest is spotted owls can be achieved in the listed species; to provide a variety of forested short term, at least 40 to 50 years may (2) A statement of goals and priorities; environments for military training. be needed to meet the desired condition (3) A detailed description of JBLM has a history of applying an for foraging, nesting, and roosting management actions to be implemented ecosystem management strategy to their habitat. to provide for these ecological needs; forests to provide for multiple JBLM’s forest management program and conservation goals, which have has the potential to provide a (4) A monitoring and adaptive included promoting native biological conservation benefit to the northern management plan. diversity, maintaining and restoring spotted owl. However, since their Among other things, each INRMP unique plant communities, and INRMP is currently undergoing revision must, to the extent appropriate and developing late successional (older) and is subject to change, we are applicable, provide for fish and wildlife forest structure. There are 14,997 ac reserving judgment on whether management; fish and wildlife habitat (6,069 ha) of lands within the boundary management under the new INRMP may enhancement or modification; wetland of JBLM currently identified in the meet our criteria for exemption from protection, enhancement, and proposed critical habitat designation. critical habitat at this time. In restoration where necessary to support JBLM’s INRMP, dated July 2006, accordance with section 4(a)(3)(B)(i) of fish and wildlife; and enforcement of covers the years 2006 through 2010. the Act, if we determine prior to our applicable natural resource laws. This INRMP is in the process of being final rulemaking that conservation The National Defense Authorization updated; the Department of the Army efforts identified in the INRMP will Act for Fiscal Year 2004 (Pub. L. 108– informed us that a revised INRMP will provide a conservation benefit to the 136) amended the Act to limit areas be submitted to the Service in 2012 northern spotted owl, we may at that eligible for designation as critical (Steucke 2008, in litt., p. 1). To date, time exempt the identified lands from habitat. Specifically, section 4(a)(3)(B)(i) JBLM has managed their forest lands the final designation of critical habitat. of the Act (16 U.S.C. 1533(a)(3)(B)(i)) according to their Forest Management Exclusions now provides: ‘‘The Secretary shall not Strategy, first prepared for then-Fort designate as critical habitat any lands or Lewis in 1995 by the Public Forestry Application of Section 4(b)(2) of the Act other geographical areas owned or Foundation based in Eugene, Oregon, in Section 4(b)(2) of the Act states that controlled by the Department of collaboration with The Nature the Secretary must designate or make Defense, or designated for its use, that Conservancy. The Forest Management revisions to critical habitat on the basis are subject to an integrated natural Strategy was last revised in May 2005, of the best available scientific data after resources management plan prepared and is also in the process of being taking into consideration the economic under section 101 of the Sikes Act (16 updated (Forest Management Strategy impact, national security impact, and U.S.C. 670a), if the Secretary determines 2005, entire). any other relevant impacts of specifying in writing that such plan provides a The last INRMP identified any particular area as critical habitat. benefit to the species for which critical management objectives for the The Secretary may exclude an area from habitat is proposed for designation.’’ conservation of the northern spotted critical habitat if he determines that the We consult with the military on the owl. Specifically, the INRMP specified benefits of such exclusion outweigh the development and implementation of the objective of managing JBLM forests benefits of specifying such area as part INRMPs for installations with listed to develop spotted owl habitat of the critical habitat, unless he species. We analyzed INRMPs characteristics, and indicated desired determines, based on the best scientific developed by military installations conditions of the forest to provide for data available, that the failure to located within the range of the proposed nesting, roosting, foraging. and dispersal designate such area as critical habitat critical habitat designation for the habitat (INRMP 2007, p. 3–18). will result in the extinction of the northern spotted owl to determine if Although northern spotted owls are not species. they are exempt under section 4(a)(3) of currently known to occupy JBLM, it is Under section 4(b)(2) of the Act, we the Act. The following areas are the only significant Federal ownership may exclude an area from designated

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critical habitat based on economic responsible for implementing the plan conservation plants (HCPs) for the area impacts, impacts to national security, or are capable of achieving the objectives, or whether there are conservation any other relevant impacts. In that an implementation schedule exists, partnerships or other conservation considering whether to exclude a and that adequate funding exists; (4) benefits that would be encouraged or particular area from the designation, we whether the plan provides assurances discouraged by designation of, or must identify the benefits of including that the conservation strategies and exclusion from, critical habitat in an the area in the designation, identify the measures will be effective (i.e., area. In addition, we look at the benefits of excluding the area from the identifies biological goals, has presence of Indian lands or Indian trust designation, and determine whether the provisions for reporting progress, and is resources that might be affected, and benefits of exclusion outweigh the of a duration sufficient to implement the consider the government-to-government benefits of inclusion. If based on this plan); (5) whether the plan has a relationship of the United States with analysis we make this determination, monitoring program or adaptive Indian entities. We also consider any we can then exclude the area only if management to ensure that the other relevant impacts that might occur such exclusion would not result in the conservation measures are effective; (6) because of the designation. To ensure extinction of the species. the degree to which the record supports that our final determination is based on When considering the benefits of a conclusion that a critical habitat the best available information, we are inclusion for an area, we consider the designation would impair the benefits of inviting comments on any foreseeable additional regulatory benefits that area the plan; (7) the extent of public economic, national security, or other would receive from the protection from participation; (8) demonstrated track potential impacts resulting from this adverse modification or destruction as a record of implementation success; (9) proposed designation of critical habitat result of actions with a Federal nexus; level of public benefits derived from from governmental, business, or private the educational benefits of mapping encouraging collaborative efforts and interests and, in particular, any essential habitat for recovery of the encouraging private and local potential impacts on small businesses. listed species; and any benefits that may conservation efforts; and (10) the effect For the reasons discussed above, if the result from a designation due to State or designation would have on Secretary decides to exercise his Federal laws that may apply to critical partnerships. discretion under section 4(b)(2) of the habitat. After evaluating the benefits of Act, we have identified certain areas When considering the benefits of inclusion and the benefits of exclusion, that we are proposing or considering for exclusion, we consider, among other we carefully weigh the two sides to exclusion from the final revised critical things, whether exclusion of a specific determine whether the benefits of habitat designation for the northern area is likely to result in the overall excluding a particular area outweigh the spotted owl. However, we solicit conservation of the northern spotted benefits of its inclusion in critical comments on the inclusion or exclusion owl through the continuation, habitat. If we determine that the benefits of such particular areas, as well as any strengthening, or encouragement of of excluding a particular area outweigh other areas identified in the proposed partnerships and the implementation of the benefits of its inclusion, then the revised rule (see Public Comments management plans or programs that Secretary can exercise his discretion to section). During the development of the provide equal or more conservation for exclude the area, provided that the final revised designation, we will the northern spotted owl than could be exclusion will not result in the consider economic impacts, public achieved through a designation of extinction of the species. comments, and other new information. critical habitat. The Secretary can Based on the information provided by In this proposed rule we have consider the existence of conservation entities seeking exclusion, as well as tentatively identified some additional agreements and other land management any additional public comments areas that may be considered for plans with Federal, private, State, and received, we will evaluate whether exclusion from the final rule; however, Indian entities when making decisions certain lands in proposed critical habitat the Secretary’s decision as to which, if under section 4(b)(2) of the Act. The may be appropriate for exclusion from any, areas may be excluded from the Secretary may also consider the final designation. If our analysis final designation is not limited to these relationships with landowners, results in a determination that the lands. Additional particular areas, in voluntary partnerships, and benefits of excluding particular areas addition to those identified below for conservation plans, and weigh the from the final designation outweigh the potential exclusion in this proposed implementation and effectiveness of benefits of designating those areas as rule, may be excluded from the final these against that of designation to critical habitat, then the Secretary may critical habitat designation under determine which provides the greatest exercise his discretion to exclude the section 4(b)(2) of the Act. In other conservation value to the listed species. particular areas from the final words, potential exclusions are not Consideration of relevant impacts of designation. limited to those areas specifically designation or exclusion under section Under section 4(b)(2) of the Act, we identified in this proposed rule. 4(b)(2) may include, but is not limited must consider all relevant impacts of to, any of the following factors: (1) the designation of critical habitat, Exclusions Based on Economic Impacts Whether the plan provides specific including economic impacts. In Under section 4(b)(2) of the Act, we information on how it protects the addition to economic impacts consider the economic impacts of species and the physical and biological (discussed in the Economics Analysis specifying any particular area as critical features, and whether the plan is at a section, below), we consider a number habitat. In order to consider economic geographical scope commensurate with of factors in a section 4(b)(2) analysis. impacts, we are preparing an analysis of the species; (2) whether the plan is For example, we consider whether there the economic impacts of the proposed complete and will be effective at are lands owned by the Department of critical habitat designation and related conserving and protecting the physical Defense (DOD) where a national security factors. We will announce the and biological features; (3) whether a impact might exist. We also consider availability of the draft economic reasonable expectation exists that whether Federal or private landowners analysis as soon as it is completed, at conservation management strategies and or other public agencies have developed which time we will seek public review actions will be implemented, that those management plans or habitat and comment. At that time, copies of

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the draft economic analysis will be benefit to the listed species. Depending destroying or adversely modifying available for downloading from the on the specifics of each situation, there critical habitat. Federal agencies must Internet at http://www.regulations.gov, may be cases where the designation of also consult with us on actions that may or by contacting the Oregon Fish and critical habitat will not necessarily affect a listed species and refrain from Wildlife Office directly (see FOR provide enhanced protection, and may undertaking actions that are likely to FURTHER INFORMATION CONTACT section). actually lead to a net loss of jeopardize the continued existence of During the development of a final conservation benefit. Here we provide such species. The analysis of effects to designation, we will consider economic our analysis of areas proposed for the critical habitat is a separate and impacts, public comments, and other revised designation of critical habitat different analysis from that of the effects new information, and areas may be that may provide a greater conservation to the species. Therefore, the difference excluded from the final critical habitat benefit to the northern spotted owl by in outcomes of these two analyses also designation under section 4(b)(2) of the exclusion from the designation. We represents the regulatory benefit of Act and our implementing regulations at invite public comment on these areas critical habitat. For some species, and in 50 CFR 424.19. under consideration for exclusion. some locations, the outcome of these analyses will be similar because effects Exclusions Based on National Security Benefits of Designating Critical Habitat on habitat will often result in effects on Impacts The process of designating critical the species. However, these two Under section 4(b)(2) of the Act, we habitat as described in the Act requires regulatory standards are different. The consider whether there are lands owned that the Service identify those lands jeopardy analysis evaluates how a or managed by the Department of within the geographical area occupied proposed action is likely to influence Defense (DOD) where a national security by the species at the time of listing on the likelihood of a species’ survival and impact might exist. The U.S. Army’s which are found the physical or recovery. The adverse modification Fort Lewis Military Reservation is the biological features essential to the analysis evaluates how an action affects only DOD land included within the conservation of the species that may the capability of the critical habitat to proposed revised designation of critical require special management serve its intended conservation role habitat. As described above, in considerations or protection, and those (USFWS, in litt. 2004). Although these preparing this proposal, we are areas outside the geographical area standards are different, it has been the considering Fort Lewis for exemption occupied by the species at the time of Service’s experience that in many from the designation of critical habitat listing that are essential for the instances proposed actions that affect under section 4(a)(3) of the Act, pending conservation of the species. both a listed species and its critical our evaluation of their revised INRMP, The identification of areas that habitat and that constitute jeopardy also scheduled for completion in 2012, to contain the features essential to the constitute adverse modification. In some determine whether it provides a conservation of the species, or are cases, however, application of these conservation benefit to the northern otherwise essential for the conservation different standards results in different spotted owl. We have determined that of the species if outside the geographical section 7(a)(2) determinations, the remaining lands within the area occupied by the species at the time especially in situations where the proposed designation of critical habitat of listing, is a benefit resulting from the affected area is mostly or exclusively for the species are not owned or designation. The critical habitat unoccupied critical habitat. Thus, managed by the Department of Defense, designation process includes peer critical habitat designations may and, therefore, we anticipate no impact review and public comment on the provide greater benefits to the recovery on national security. Consequently, we identified physical and biological of a species than would listing alone. do not anticipate excluding any areas features and areas, and provides a There are two limitations to the from the final designation based on mechanism to educate landowners, regulatory effect of critical habitat. First, impacts on national security. State and local governments, and the a section 7(a)(2) consultation is required public regarding the potential only where there is a Federal nexus (an Exclusions Based on Other Relevant conservation value of an area. This Factors action authorized, funded, or carried out helps focus and promote conservation by any Federal agency)—if there is no Under section 4(b)(2) of the Act, we efforts by other parties by clearly Federal nexus, the critical habitat consider any other relevant impacts, in delineating areas of high conservation designation of non-Federal lands itself addition to economic impacts and value for the species, and is valuable to does not restrict any actions that destroy impacts to national security. We land owners and managers in or adversely modify critical habitat. consider a number of factors, including developing conservation management Aside from the requirement that Federal whether the landowners have developed plans by describing the essential agencies ensure that their actions are any HCPs or other management plans physical and biological features and not likely to result in destruction or for the area, or whether there are special management actions or adverse modification of critical habitat conservation partnerships or protections that are needed for under section 7, the Act does not relationships that would be encouraged identified areas. Including lands in provide any additional regulatory by designation of, or exclusion from, critical habitat also informs State protection to lands designated as critical critical habitat. In addition, we look at agencies and local governments about habitat. any Indian issues, and consider the areas that could be conserved under Second, designating critical habitat government-to-government relationship State laws or local ordinances. does not create a management plan for of the United States with Indian entities. The prohibition on destruction or the areas; does not establish numerical We also consider any other relevant adverse modification under Section population goals or prescribe specific impacts that might occur because of the 7(a)(2) of the Act constitutes the primary management actions (inside or outside designation. Our weighing of the regulatory benefit of critical habitat of critical habitat); and does not have a benefits of inclusion versus exclusion designation. As discussed above, direct effect on areas not designated as considers all relevant factors in making Federal agencies must consult with the critical habitat. Specific management a final determination as to what will Service on actions that may affect recommendations for critical habitat are result in the greatest conservation critical habitat and must avoid addressed in recovery plans,

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management plans, and in section 7 protection to particular habitat for at partnerships with a wide variety of consultation. The designation only least one and possibly other listed or entities and the voluntary cooperation limits destruction or adverse sensitive species. Section 7(a)(2) of many non-Federal landowners modification of critical habitat, not all consultations commit Federal agencies (Wilcove and Chen 1998, p. 1407; adverse effects. By its nature, the to preventing adverse modification of Crouse et al. 2002, p. 720; James 2002, prohibition on adverse modification critical habitat caused by the particular p. 271). Building partnerships and ensures that the conservation role and project; consultation does not require promoting the willing cooperation of function of those areas designated as Federal agencies to provide for landowners is essential to critical habitat are not appreciably conservation or long-term benefits to understanding the status of species on reduced as a result of a Federal action. areas not affected by the proposed non-Federal lands and necessary to Once an agency determines that project. Thus, implementation of any implement recovery actions, such as the consultation under section 7(a)(2) of the HCP or management plan that reintroduction of listed species, habitat Act is necessary, the process may incorporates enhancement or recovery restoration, and habitat protection. conclude informally when the Service as the management standard may often Many non-Federal landowners derive concurs in writing that the proposed provide as much or more benefit than a satisfaction from voluntarily Federal action is not likely to adversely consultation for critical habitat participating in the recovery of affect the species or critical habitat. designation. Therefore, we propose to endangered or threatened species. However, if we determine through exclude all private lands with current Conservation agreements with non- informal consultation that adverse HCPs, SHAs, other active management Federal landowners, Safe Harbor impacts are likely to occur, then formal plans or conservation agreements in the Agreements, other conservation consultation is initiated. Formal final critical habitat designation. We agreements, easements, and State and consultation concludes with a biological seek public comment on all of these local regulations enhance species opinion issued by the Service on potential exclusions. conservation by extending species whether the proposed Federal action is Benefits of Excluding Private Lands protections beyond those available likely to jeopardize the continued through section 7 consultations. We As noted above, the Secretary may existence of listed species or result in encourage non-Federal landowners to exclude areas from critical habitat if he destruction or adverse modification of enter into conservation agreements determines that the benefits of exclusion critical habitat. based on a view that we can achieve For critical habitat, a biological outweigh the benefits of including those greater species conservation on non- opinion that concludes in a areas as part of the critical habitat Federal land through such partnerships determination of no destruction or (unless exclusion of those areas will than we can through regulatory methods adverse modification may recommend result in the extinction of the species). additional conservation measures to We believe that in some cases (61 FR 63854; December 2, 1996). minimize adverse effects to primary designation can negatively impact the We acknowledge that private constituent elements, but such measures working relationships and conservation landowners are often wary of the would be discretionary on the part of partnerships we have formed with possible consequences of encouraging the Federal agency. private landowners, and may serve as a endangered species conservation on The designation of critical habitat disincentive for the formation of future their property, and of regulatory action does not require that any management partnerships or relationships that would by the Federal Government under the or recovery actions take place on the have the potential to provide Act. Social science research has lands included in the designation. Even conservation benefits. We will consider demonstrated that, for many private in cases where consultation has been whether the benefits of excluding landowners, government regulation initiated under section 7(a)(2) of the Act private lands may outweigh the benefits under the Act is perceived as a loss of because of effects to critical habitat, the of including those areas in the individual freedoms, regardless of end result of consultation is to avoid designation of critical habitat for the whether that regulation may in fact adverse modification, but not northern spotted owl. result in any actual impact to the necessarily to manage critical habitat or The Service recognizes that most landowner (Brook et al. 2003, pp. 1644– institute recovery actions on critical federally listed species in the United 1648; Conley et al. 2007, p. 141). habitat. On the other hand, voluntary States will not recover without the Furthermore, in a recent study of private conservation efforts by landowners can cooperation of non-Federal landowners. landowners who have experience with remove or reduce known threats to a More than 60 percent of the United regulation under the Act, only 2 percent species or its habitat by implementing States is privately owned (Lubowski et of respondents believed the Federal recovery actions. We believe that in al. 2006, p. 35), and at least 80 percent Government rewards private many instances the regulatory benefit of of endangered or threatened species landowners for good management of critical habitat is minimal when occur either partially or solely on their lands and resources (Conley et al. compared to the conservation benefit private lands (Crouse et al. 2002, p. 2007, pp. 141, 144). According to some that can be achieved through 720). Groves et al. (2000, pp. 280–281) researchers, the designation of critical implementing HCPs under section 10 of reported that about one-third of habitat on private lands significantly the Act, or other voluntary conservation populations of federally listed species reduces the likelihood that landowners efforts or management plans. The are found on Federal lands; private will support and carry out conservation conservation achieved through lands were found to provide for at least actions (Main et al. 1999, p. 1263; Bean implementing HCPs or other habitat one population of more than two-thirds 2002, p. 412; Brook et al. 2003, pp. management plans can be greater than of federally listed species (Groves et al. 1644–1648). The magnitude of this what we achieve through multiple site- 2000, p. 283). negative outcome is greatly amplified in by-site, project-by-project, section Given the distribution of listed situations where active management 7(a)(2) consultations involving project species with respect to landownership, measures (such as reintroduction, fire effects to critical habitat. Management the successful conservation of listed management, or control of invasive plans can commit resources to species in many parts of the United species) are necessary for species implement long-term management and States will clearly depend upon working conservation (Bean 2002, pp. 412–413).

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Since Federal actions such as the managed by each landowner, and what listed species under a jeopardy designation of critical habitat on private conservation mechanisms may be in standard; this assessment includes lands may reduce the likelihood that place, such as easement provisions, that effects to the species from habitat landowners will support and carry out would act to conserve or enhance the modification. Overall, given the low conservation actions for the benefit of suitability of northern spotted owl likelihood of a Federal nexus occurring listed species, based on the research habitats. We request public comments on these lands, we believe the described above, we believe that in on the relative benefits of inclusion or regulatory benefit of a critical habitat some cases the judicious exclusion of exclusion from the designation of designation on these lands, if any, may non-federally owned lands from critical critical habitat. be limited. We believe that acknowledging the habitat designations can contribute to The purpose of designating critical positive contribution these private species recovery and provide a greater habitat is to contribute to the landowners are currently making to the level of species conservation than conservation of threatened and critical habitat designation alone. conservation of the northern spotted endangered species and the ecosystems Although we believe that the potentially owl, and maintaining good working upon which they depend. The outcome positive contribution of private relationships with these landowners by of the designation is to trigger regulatory landowners with a demonstrated record excluding these areas may provide a requirements for actions funded, of conservation management should be significant benefit to the conservation of authorized, or carried out by Federal an important consideration when the northern spotted owl in this area agencies under section 7(a) (2) of the designating critical habitat, we wish to where private lands will play an Act. Where there is little likelihood of emphasize that we will continue to be essential role in the recovery of the a Federal action, the benefits of this discriminating in our evaluation of species. The exclusion of these areas protection can be low. On the other potential exclusions, and private lands may encourage these landowners to hand, the benefits of excluding areas will be excluded only should we continue their positive management determine that the benefits of exclusion practices without fear of further that are covered by voluntary outweigh the benefits of inclusion government regulation. In addition, the conservation efforts can, in specific following a rigorous examination of the exclusion of such lands may lay the circumstances, be high. In this case, in record on a case-by-case basis. foundation for building additional weighing the potential benefits of We are considering excluding private conservation partnerships and inclusion versus benefits of exclusion, lands held under one or more relationships with other private as detailed above, we believe the ownerships in two localities in Sonoma landowners, with conservation benefit greatest conservation benefit to the and Napa Counties, California. The first not only for the northern spotted owl, northern spotted owl in the Redwood area is located in southwestern Sonoma but other endangered or threatened Coast CHU may result from the County near the mouth of the Russian species as well. exclusion of privately owned lands from River, in Subunit 4 of the Redwood In contrast, we believe there may be the final designation. Specific potential Coast CHU. The combined area of relatively little benefit to be gained by exclusions in the Redwood Coast CHU private lands in this area is 28,932 ac the designation of these privately owned and Interior Coastal California CHU in (11,708 ha). The second area spans the lands. A potential benefit of designation northern California will be discussed in Sonoma-Napa County line and lies west would be the regulatory protections our Notice of Availability to be of St. Helena and Yountville, in Subunit afforded to critical habitat under section published in the Federal Register when 6 of the Interior Coastal California CHU. 7(a)(2) of the Act. However, as described the draft economic analysis is released The combined area of private lands in earlier, on private lands the regulatory for public comment. At that time the this second area is 59,786 ac (24,194 protections of critical habitat only apply public will have an opportunity to ha). Each area contains one or more when there is a Federal nexus (actions review and comment on specific landholdings that are under funded, permitted, or otherwise carried proposed exclusions. At present, we conservation easements for agriculture out by the Federal Government), and we seek public comment on the general and open space preservation. We are have no evidence to suggest that these benefits of including or excluding considering excluding these privately- regulatory protections are likely to be private lands in this area [see Public owned lands because we believe that triggered on the private lands in the Comments, above]. the greatest conservation benefit to the Redwood Coast CHU or Interior Coastal Table 5 identifies all private lands northern spotted owl in this region of California CHU. Furthermore, most of proposed or considered for exclusion, little Federal land ownership may be these lands are currently occupied by Table 6 identifies State lands proposed derived from preserving good the northern spotted owl. Thus, even if or considered for exclusion, and Table relationships with private landowners these lands are excluded from the final 7 identifies Congressionally reserved who have demonstrated themselves to revised critical habitat designation, if natural areas proposed for exclusion in be good stewards of the habitat essential the northern spotted owl is present and the final rule. We ask for public to the conservation of the northern may be affected, actions with Federal comment on all of these possible spotted owl. Our consideration of these involvement require consultation to exclusions, or information to identify lands for exclusion will be based on review the effects of management any additional potential areas we case-by-case reviews of how they are activities that might adversely affect should consider for exclusion and why.

TABLE 5—PRIVATE LANDS PROPOSED OR THAT MAY BE CONSIDERED FOR EXCLUSION FROM THE FINAL RULE

Critical habitat Type of agreement unit State Land owner/agency Acres Hectares

Safe Harbor Agreements— WCC ...... WA Port Blakely Tree Farms, L.P, Safe Harbor Agreement, 421 170 proposed for exclusion. Landowner Option Plan, Cooperative Habitat En- hancement. RWC ...... CA Forster-Gill, Inc...... 236 95

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TABLE 5—PRIVATE LANDS PROPOSED OR THAT MAY BE CONSIDERED FOR EXCLUSION FROM THE FINAL RULE— Continued

Critical habitat Type of agreement unit State Land owner/agency Acres Hectares

RWC ...... CA Van Eck Forest Foundation, Safe Harbor Agreement ..... 2,163 875 Habitat Conservation WCC ...... WA Cedar River Watershed Habitat Conservation Plan ...... 3,367 1,363 Plans—proposed for ex- clusion. WCC ...... WA Green River Water Supply Operations and Watershed 3,175 1,285 Protection Habitat Conservation Plan. WCC/ECN ...... WA Plum Creek Timber Central Cascades I-90 Habitat Con- 33,764 13,664 servation Plan. WCC ...... WA West Fork Timber Habitat Conservation Plan ...... 5,233 2,118 RWC ...... CA Green Diamond Resource Company Habitat Conserva- 360,870 146,042 tion Plan. RWC ...... CA Humboldt Redwood Company, Habitat Conservation 211,700 85,672 Plan. RWC ...... CA Regli Estates Habitat Conservation Plan ...... 500 202 ICC ...... CA Terra Springs Habitat Conservation Plan ...... 41 16 Conservation Easements, ECN ...... WA Scofield Corporation Habitat Conservation Plan ...... 40 16 Other Agreements or Partnerships—proposed for exclusion. RWC ...... CA Usal Forest...... 50,000 20,235 RWC ...... CA Big River, Salmon Creek, and Garcia River Forests ...... 40,293 16,306

Total private lands pro- ...... 711,803 288,059 posed for exclusion. Proposed Agreements that RWC ...... CA Mendocino Redwood Company Proposed HCP ...... 232,584 94,123 may be considered for ex- clusion. WCC/ECN ...... WA SDS Co. & Broughton Lumber Co. Proposed Conserva- 16,031 6,487 tion Plan. Other Private lands that various ...... WA1 various ...... 133,895 54,186 may be considered for ex- clusion. various ...... OR various ...... 0 0 various ...... CA various ...... 174,587 70,450

Total additional private ...... 557,097 225,246 lands that may be considered for exclu- sion.

Total private lands ...... 1,268,900 513,305 proposed for ex- clusion or that may be consid- ered for exclu- sion. 1 These lands are within SOSEAs—Spotted Owl Special Emphasis Areas.

TABLE 6—STATE LANDS PROPOSED OR THAT MAY BE CONSIDERED FOR EXCLUSION FROM THE FINAL RULE

State Land owner/agency Acres Hectares

WA ...... Washington Dept. of Natural Resources State Lands HCP—proposed for 225,013 91,059 exclusion. Washington State Parks—proposed for exclusion ...... 104 42 Washington Department of Fish and Wildlife Lands—may be considered 1,752 709 for exclusion. OR ...... Oregon Department of Forestry—may be considered for exclusion ...... 228,733 92,565 CA ...... California State Parks—proposed for exclusion ...... 164,672 66,640 California State Forests—may be considered for exclusion ...... 50,762 20,543 Total State lands proposed for ...... 389,789 157,809 exclusion. Total State lands that may be ...... 281,247 113,749 considered for exclusion.

Total State Lands ...... 671,036 271,558

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TABLE 7—CONGRESSIONALLY RE- • Stabilized or increased numbers or local jurisdictions, conservation SERVED NATURAL AREAS PROPOSED distribution; organizations, and private landowners, • FOR EXCLUSION FROM THE FINAL The creation of buffers for protected in cases where potential partners may areas; and RULE be reluctant to encourage the • Opportunities to test and develop development of habitat that supports State Acres Hectares new habitat management techniques. threatened or endangered species. In By entering into an SHA, property such cases, we may be able to WA ...... 1,530,205 619,252 owners receive assurances that land use implement conservation actions that we OR ...... 499,836 202,277 restrictions will not be required even if would be unable to accomplish CA ...... 616,692 249,567 the voluntary actions taken under the otherwise. By excluding these lands, we agreement attract particular listed may preserve our current partnerships Total ...... 2,646,733 1,071,095 species onto enrolled properties or and encourage additional future increase the numbers of distribution of conservation actions. Benefits of Excluding Lands With Safe those listed species already present on In weighing the benefits of inclusion Harbor Agreements those properties. The assurances are versus the benefits of exclusion for A Safe Harbor Agreement (SHA) is a provided through an enhancement of lands subject to approved SHAs, it is voluntary agreement involving private survival permit issued to the property important to note that a fundamental or other non-Federal property owners owner, under the authority of section requirement of an SHA is an advance whose actions contribute to the recovery 10(a)(1)(A) of the Act. To implement determination by the Service that the of listed species. The agreement is this provision of the Act, the Service provisions of the SHA will result in a between cooperating non-Federal and National Marine Fisheries Service net conservation benefit to the listed property owners and the Service. In issued a joint policy for developing species. Approved SHAs have, exchange for actions that contribute to SHAs for listed species on June 17, 1999 therefore, already been determined to the recovery of listed species on non- (64 FR 32726). The Service provide a net conservation benefit to the Federal lands, participating property simultaneously issued regulations for listed species; in addition, the owners receive formal assurances from implementing SHAs on June 17, 1999 management activities provided in a the Service that if they fulfill the (64 FR 32706). A correction to the final SHA often provide conservation benefits conditions of the SHA, the Service will rule was announced on September 30, to unlisted sensitive species as well. As not require any additional or different 1999 (64 FR 52676). The enhancement described earlier, the designation of management activities by the of survival permit issued in association critical habitat is unlikely to provide participants without their consent. In with an SHA authorizes incidental take any realized conservation benefit to the addition, at the end of the agreement of species that may result from actions species on non-Federal lands absent a period, participants may return the undertaken by the landowner under the Federal nexus for an activity. Especially enrolled property to the baseline SHA, which could include returning the where further Federal action is unlikely, conditions that existed at the beginning property to the baseline conditions at the net conservation benefit provided by of the SHA. the end of the agreement. The permit the terms of the SHA itself, considered As detailed above in the section also specifies that the Service will not in conjunction with the benefit of ‘‘Benefits of Excluding Private Lands,’’ require any additional or different excluding lands subject to an SHA by because many endangered and management activities by participants preserving our working relationships threatened species occur exclusively, or without their consent if the permittee is with landowners who have entered into to a large extent, on privately owned in compliance with the requirements of SHAs with the Service, and the benefit property, the involvement of the private the permit and the SHA and the of laying the positive groundwork for sector in the conservation and recovery permittee’s actions are not likely to possible future agreements with other of species is crucial. Property owners result in jeopardy. landowners, may collectively outweigh are often willing partners in efforts to The benefits of excluding lands with the potentially limited benefit that recover listed species. However, some approved SHAs from critical habitat would be realized on these lands from property owners may be reluctant to designation may include relieving the designation of critical habitat. undertake activities that support or landowners, communities, and counties However, as with all potential attract listed species on their properties, of any additional regulatory burden that exclusions under consideration, lands due to fear of future property-use might be imposed as a result of the subject to an SHA will only be excluded restrictions related to the Act. To critical habitat designation. Even if any should we determine that the benefits of address this concern, a SHA provides additional regulatory burden would be exclusion outweigh the benefits of that future property-use limitations will unlikely due to a lack of a Federal inclusion following a rigorous not occur without the landowner’s nexus, as described above in the section examination of the record on a case-by- consent if the landowner is in ‘‘Benefits of Excluding Private Lands,’’ case basis. compliance with the permit and the designation of critical habitat could We note that permit issuance in Agreement and the activity is not likely nonetheless have an unintended association with SHA applications to result in jeopardy to the listed negative effect on our relationship with requires consultation under section species. non-Federal landowners due to the 7(a)(2) of the Act, which would include Central to this approach is that the perceived imposition of government the review of the effects of all-SHA- actions taken under the SHA must regulation. We believe that an exclusion covered activities that might adversely provide a net conservation benefit that of lands under an approved SHA would impact the species under a jeopardy contributes to the recovery of the be in keeping with the spirit of the standard, including possibly significant covered species. Examples of agreement. An additional benefit of habitat modification (see definition of conservation benefits include: excluding lands covered by approved ‘‘harm’’ at 50 CFR 17.3), even without • Reduced habitat fragmentation; SHAs from critical habitat designation is the critical habitat designation. In • Maintenance, restoration, or that it may make it easier for us to seek addition, all other Federal actions that enhancement of existing habitats; new partnerships with future SHA may affect the listed species would still • Increases in habitat connectivity; participants, including States, counties, require consultation under section

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7(a)(2) of the Act, and we would review maintenance of 216 ac (87 ha) on the owl nesting and roosting habitat and these actions for possible significant property such that the trees will always one northern spotted owl activity habitat modification in accordance with average 12 to 24 in (30 to 60 cm) dbh center. We anticipate that under the the definition of harm, described in the with a canopy closure of 60 to 100 northern spotted owl habitat creation following section ‘‘Benefits of Excluding percent. At the time of the agreement, and enhancement timber management Lands with Habitat Conservation forest conditions were on the lower end regime proposed in the SHA that Plans.’’ of the diameter and canopy closure approximately 1,947 ac (788 ha) of We further note that SHAs may ranges. By the end of the agreement, the nesting and roosting habitat and include a provision that the landowner property will be at the upper end of the potentially up to five northern spotted may return the area to baseline diameter and canopy closure ranges. owl activity centers could exist on the conditions upon expiration of the Under the SHA, Forster-Gill, Inc., property at the end of 90 years. The permit. The term of the permit is thus agrees to: (1) Annually survey and SHA does not provide for a return to an important consideration in weighing monitor for the location and baseline conditions at the end of the the relative benefits of inclusion versus reproductive status of northern spotted agreement term. Instead, the agreement exclusion from the designation of owls on the property; (2) protect all provides that if more than five northern critical habitat. However, we note that active nest sites (locations where spotted owl activity centers should the Service has the right to revise a nesting behavior is observed during any become established on the property critical habitat designation at any time. of the previous 3 years) with a no- during the 90-year term, the landowner Furthermore, we note that the potential harvest area that buffers the nest site by would be allowed to remove such benefit of acknowledging the positive no less than 300 ft (90 m) and limits additional activity centers during the conservation contributions of timber harvest operations within 1,000 agreement period. Under the SHA, the landowners willing to enter into ft (300 m) of an active nest site during Fred M. van Eck Forest Foundation voluntary conservation agreements with the breeding season, and only allows agrees to: (1) Conduct surveys annually the Service for the recovery of use of existing haul roads; and (3) to determine the locations and endangered or threatened species may manage the second-growth redwood reproductive status of any northern nonetheless outweigh the loss of benefit timber on the property in a manner that spotted owls; (2) protect up to five that may be incurred through a possible maintains suitable northern spotted owl activity centers (locations where owls return to baseline following permit habitat while creating over time the are observed nesting or roosting) with a expiration. As noted above, such multilayered canopy structure with an no-harvest area that buffers the activity circumstances require careful older, larger tree component associated center by no less than 100 ft (30 m); (3) consideration on a case-by-case basis in with high-quality spotted owl habitat. utilize selective timber harvest methods order to make a final determination of The SHA is expected to provide, such that suitable nesting habitat is the benefits of exclusion or inclusion in maintain, and enhance for the 80-year maintained within 300 ft (91 m) of each a critical habitat designation. life of the agreement over 200 ac (80 ha) activity center; (4) limit noise Below is a brief description of each of northern spotted owl habitat within disturbance from timber harvest SHA and the lands proposed as critical a matrix of private timberland. The operations within 1,000 ft (305 m) of an habitat covered by each agreement that cumulative impact of the agreement and active nest during the breeding season; we are considering for exclusion from the timber management activities it and (5) manage all second-growth critical habitat designation under covers, which are facilitated by the redwood timber on the property in a section 4(b)(2) of the Act. allowable incidental take, is expected to manner that maintains or creates provide a net benefit to the northern suitable nesting and roosting habitat State of California spotted owl. The complete text of the over time. The cumulative impact of the Forster-Gill, Inc., Safe Harbor Forster-Gill Safe Harbor Agreement can agreement and the timber management Agreement be viewed at http://www.fws.gov/arcata/ activities it covers, which are facilitated es/birds/NSO/documents/Forster- by the allowable incidental take, is We propose to exclude lands covered Gill_SHA.pdf. expected to provide a net benefit to the by the SHA between Forster-Gill, Inc., northern spotted owl. The complete text and the Service in the Redwood Coast Van Eck Forest Foundation Safe Harbor Agreement of the Van Eck Forest Foundation Safe CHU in California from the final critical Harbor Agreement can be viewed at habitat designation. The enhancement We propose to exclude lands covered http://www.fws.gov/arcata/es/birds/ of survival permit associated with this by a SHA between the Fred M. van Eck NSO/documents/Van-Eck_SHA.pdf. SHA was noticed in the Federal Forest Foundation and the Service in Register on March 22, 2002 (67 FR the Redwood Coast CHU in California State of Oregon 13357), and issued June 18, 2002. The from the final critical habitat No lands covered under a Safe Harbor term of the agreement is 80 years, and designation. The enhancement of Agreement in Oregon are currently the term of the permit is 90 years. The survival permit associated with this proposed as northern spotted owl SHA provides for the creation and SHA was noticed in the Federal critical habitat. However, we want to enhancement of habitat for the northern Register on July 8, 2008 (73 FR 39026), use this opportunity to inform the spotted owl on 236 ac (95 ha) of lands and issued August 18, 2008. The term public of the programmatic SHA in Humboldt County, California, and of the permit and the agreement is 90 between the Oregon Department of provides for continued timber harvest years. The SHA provides for the Forestry (ODF), U.S. Department of on those lands. creation and enhancement of habitat for Agriculture Natural Resources There are two baseline conditions that the northern spotted owl on 2,163 ac Conservation Service (NRCS), and the will be maintained under the SHA: (1) (875 ha) of lands in Humboldt County, Fish and Wildlife Service in Oregon. Protection of an 11.2-ac (5-ha) no- California, and provides for continued This program has excellent potential to harvest area that will buffer the most timber harvest on those lands. contribute to spotted owl recovery by recent active northern spotted owl nest At the time of the agreement, the increasing the quality and quantity of site, but will also be maintained in the lands under consideration supported spotted owl habitat in areas where such absence of a nest site; and (2) 1,730 ac (700 ha) of northern spotted habitat is lacking. The enhancement of

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survival permit associated with this Blakely Tree Farms conducted habitat sheltering. Section 9 of the Act prohibits SHA was noticed in the Federal evaluations of their properties to the take of endangered and threatened Register on July 21, 2009 (74 FR 35883) determine the amount of suitable species. The purpose of the incidental and issued July 26, 2010. The term of spotted owl habitat present. The take permit is to exempt non-Federal the permit and SHA is 50 years. The baseline estimate for the SHA is 8,360 permit-holders—such as States and permit authorizes ODF to extend ac (3,383 ha) of spotted owl dispersal private landowners—from the incidental take coverage with habitat. prohibitions of section 9, not to assurances through issuance of Under the SHA, Port Blakely will authorize the activities that result in certificates of inclusion to eligible implement voluntary conservation take. landowners who are willing to carry out measures that are expected to provide In developing HCPs, people applying habitat management measures that net conservation benefits to the northern for incidental take permits describe would benefit the northern spotted owl. spotted owl and marbled murrelet. The measures designed to minimize and The covered area or geographical scope SHA also provides that Port Blakely will mitigate the effects of their actions— to of SHA includes non-Federal forest manage their tree farm in a manner that ensure that species will be conserved lands within the range of the northern contributes to the goals of the Mineral and to contribute to their recovery. spotted owl in Oregon. The full text of Block Spotted Owl Special Emphasis Habitat Conservation Plans are required the Programmatic Safe Harbor Area (SOSEA) according to Washington to meet the permit issuance criteria of Agreement between the Oregon Forest Practices Rules and Regulations section 10(a)(2)(B) of the Act: (Washington Forest Practices Board • Taking will be incidental; Department of Forestry, U.S. • Department of Agriculture, Natural 2002, WAC 222–16–080, WAC 222–16– The applicant will, to the maximum Resources Conservation Service, and the 086). In the SHA, Port Blakely agrees to extent practicable, minimize and implement enhanced forest management mitigate the impacts of the taking; U.S. Fish and Wildlife Service is • available for review at http:// measures that would create potential The applicant will ensure that ecos.fws.gov/docs/plan_documents/ habitat for the northern spotted owl and adequate funding for the plan will be tsha/tsha_826.pdf. marbled murrelet, such as longer provided; harvest rotations, additional thinning to • Taking will not appreciably reduce State of Washington accelerate forest growth, a snag creation the likelihood of the survival and Port Blakely Tree Farms L.P. (Morton program, retaining more down wood recovery of the species in the wild; and • Other measures, as required by the Block) Safe Harbor Agreement, than is required by Washington Forest Secretary, will be met. Landowner Option Plan, and Practices Rules, establishing special management areas and special set-aside The benefits of excluding lands with Cooperative Habitat Enhancement approved HCPs from critical habitat Agreement areas, and monitoring. The terms of the agreement are intended to produce designation may include relieving We propose to exclude lands covered conditions that will facilitate the landowners, communities, and counties by the Port Blakely Tree Farms (also dispersal of the northern spotted owl of any additional regulatory burden that known as Morton Block) SHA in the across the Port Blakely ownership, and might be imposed as a result of the West Cascades Central CHU in allow marbled murrelets to nest. The critical habitat designation. Many HCPs Washington from the final critical full text of the Port Blakely Tree Farms take years to develop and, upon habitat designation. The enhancement L.P. (Morton Block) Safe Harbor completion, are consistent with the of survival permit associated with this Agreement, Landowner Option Plan, recovery objectives for listed species SHA was noticed in the Federal and Cooperative Habitat Enhancement covered within the plan area. Many Register on December 17, 2008 (73 FR Agreement is available at http:// conservation plans also provide 76680) and issued May 22, 2009. The ecos.fws.gov/docs/plan_documents/ conservation benefits to unlisted SHA and permit include both the tsha/tsha_696.pdf. sensitive species. marbled murrelet (Brachyramphus A related benefit of excluding lands marmoratus) and the northern spotted Benefits of Excluding Lands With covered by approved HCPs from critical owl, and covers an area of 45,306 ac Habitat Conservation Plans habitat designation is that it can make (18,335 ha) of managed forest lands Habitat Conservation Plans (HCPs) are it easier for us to seek new partnerships known as the ‘‘Morton Block,’’ in Lewis planning documents required as part of with future plan participants, including and Skamania Counties. The term of the an application for an ‘‘incidental take’’ States, counties, local jurisdictions, permit and SHA is 60 years. permit. They describe the anticipated conservation organizations, and private The covered lands have been effects of the proposed taking; how landowners, which together can intensively managed and at the time the those impacts will be minimized, or implement conservation actions that we permit was issued were not known to be mitigated; and how the HCP is to be would be unable to accomplish occupied by either the spotted owl or funded. HCPs can apply to both listed otherwise. HCPs often cover a wide the marbled murrelet. The and nonlisted species, including those range of species, including species that environmental baseline was measured that are candidates or have been are not State and federally-listed and in terms of dispersal habitat for the proposed for listing. Anyone whose would otherwise receive little northern spotted owl and potential otherwise-lawful activities will result in protection from development. By nesting habitat for the marbled murrelet. the ‘‘incidental take’’ of a listed wildlife excluding these lands, we preserve our There are no known northern spotted species needs a permit. The Act defines current partnerships and encourage owls nesting on Port Blakely lands. ‘‘take’’ as ‘‘* * * to harass, harm, additional future conservation actions. However, spotted owls have historically pursue, hunt, shoot, wound, kill, trap, We also note that permit issuance in nested on adjacent Federal lands and capture, or collect, or to attempt to association with HCP applications the 1.8-mi (2.9-km) radius circles engage in any such conduct.’’ ‘‘Harm’’ requires consultation under section around those sites that are used for includes significant habitat modification 7(a)(2) of the Act, which would include evaluating potential habitat availability that actually kills or injures a listed the review of the effects of all HCP- for spotted owls extend onto Port species through impairing essential covered activities that might adversely Blakely lands. Because of this, Port behavior such as breeding, feeding, or impact the species under a jeopardy

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standard, including possibly significant primarily used by northern spotted owls effect as of this date, and is intended to habitat modification (see definition of would exist on the property at the end be excluded The full text of the Green ‘‘harm’’ at 50 CFR 17.3), even without of the 30-year permit period. In Diamond HCP is available at http:// the critical habitat designation. In addition, the HCP provided that nest www.fws.gov/arcata/es/birds/NSO/ addition, all other Federal actions that sites would be protected during the documents/ may affect the listed species would still breeding season, and no direct killing or Simpson_(Green_Diamond) require consultation under section injuring of owls was anticipated. _1992_NSO_HCP_Part_A.pdf and http:// 7(a)(2) of the Act, and we would review Simpson also agreed to continue their www.fws.gov/arcata/es/birds/NSO/ these actions for possible significant monitoring programs, in which more documents/ habitat modification in accordance with than 250 adult owls and more than 100 Simpson_(Green_Diamond) the definition of harm referenced above. juveniles were already banded, as well _1992_NSO_HCP_Part_B_Large We consider a current HCP to be as analyses of timber stands used by maps.pdf. appropriate for consideration for owls. As required by the terms of the HCP, Humboldt Redwood Company Habitat exclusion from a final critical habitat Conservation Plan designation under section 4(b)(2) of the Green Diamond and the Service Act if: conducted a comprehensive review of We propose to exclude lands managed (1) It provides for the conservation of the first 10 years of implementation, under the Humboldt Redwood Company the essential physical and biological including a comparison of actual and (formerly Pacific Lumber) HCP in the features or areas otherwise determined estimated levels of owl displacement, a Redwood Coast CHU in California from to be essential; comparison of estimated and actual the final critical habitat designation. (2) There is a reasonable expectation distribution of habitat, a reevaluation of The permit under this HCP with a term that the conservation management the biological basis for the HCP’s of 50 years was noticed on July 14, 1998 strategies and actions contained in a conservation strategy, an examination of (63 FR 37900) and issued on March 1, management plan will be implemented the efficacy of and continued need for 1999. The HCP includes 211,700 ac into the future; habitat set-asides, and an estimate of (85,672 ha) of commercial timber lands (3) The conservation strategies in the future owl displacements. During the in Humboldt County, essentially all of HCP are likely to be effective; and comprehensive review, Green Diamond the formerly Pacific Lumber timberlands (4) The HCP contains a monitoring requested an amendment to the 1992 outside of the Headwaters Preserve. The program or adaptive management to ITP to allow incidental take of up to Humboldt Redwood Company HCP ensure that the conservation measures eight additional spotted owl pairs. This includes nine nonlisted species are effective and can be adapted in the request was noticed in the Federal (including one candidate species) and future in response to new information. Register on February 26, 2007 (72 FR three listed species, including the Below is a brief description of each 8393) and the modified permit was northern spotted owl. Activities covered HCP and the lands proposed as critical issued in October 2007. In addition, in by the HCP include forest management habitat covered by each plan that we are April, 2011, Green Diamond sold 22,236 activities and mining or other extractive considering for exclusion from critical ac (8,999 ha) of its lands covered by the activities. With regard to the northern habitat designation under section 4(b)(2) HCP to the Yurok Tribe; as those lands spotted owl in particular, the HCP of the Act. are no longer covered by the HCP, the addresses the harvest, retention, and current total of the covered lands is recruitment of requisite habitat types State of California 360,870 ac (146,042 ha). and elements within watershed Green Diamond Resource Company On April 16, 2010, we announced our assessment areas and individual Habitat Conservation Plan intent to prepare an Environmental northern spotted owl activity sites. Impact Statement (EIS) under the The management objectives of the We propose to exclude lands managed National Environmental Policy Act HCP are to minimize disturbance to under the Green Diamond Resource (NEPA) in response to an expected new northern spotted owl activity sites, Company (formerly Simpson Timber HCP from Green Diamond, which would monitor to determine whether these Company) HCP in the Redwood Coast include provisions for the northern efforts maintain a high-density and CHU in California from the final critical spotted owl and possibly the Pacific productive population of northern habitat designation. The permit issued fisher (Martes pennanti), a species spotted owls, and apply adaptive in association with this HCP was which may be considered for listing management techniques as necessary. initially noticed in the Federal Register during the term of the HCP. This new The other conservation elements of the on May 27, 1992 (57 FR 22254) and HCP, if completed and approved, would HCP are expected to aid in the retention issued September 17, 1992. Both the replace the 1992 HCP, and would and recruitment of potential foraging, HCP and the permit had a term of 30 require the issuance of a new incidental roosting, and nesting habitat in years, with a comprehensive review take permit. The proposed new HCP is watersheds across the ownership. scheduled after 10 years to review the intended to address the retention of Specifically, the HCP states that the efficacy of the plan. The permit allowed suitable spotted owl nesting habitat, the silvicultural requirements associated incidental take of up to 50 pairs of development of older forest habitat with riparian management zones, the northern spotted owls and their habitat elements and habitat structures, and mass wasting avoidance strategy, the during the course of timber harvest future establishment of spotted owl nest cumulative effects/disturbance index operations on 383,106 ac (155,041 ha) of sites in streamside retention zones, restrictions, the marbled murrelet forest lands in Del Norte and Humboldt cluster owl sites in favorable habitat conservation areas, and the retention Counties. At the time the permit was areas, and initiate future research on standard of 10 percent late seral habitat issued, more than 100 northern spotted other wildlife species such as fishers for each watershed assessment area are owl nest sites or activity centers were and barred owls. As this HCP has not likely to provide suitable habitat for known or suspected on the property. yet been completed, however, we northern spotted owl. In addition, there The Service determined that the cannot consider it for exclusion at this are specific habitat retention projected growth and harvest rates point in time. The existing HCP requirements to conserve habitat for indicated more habitat of the age class originally completed in 1992 is still in foraging, roosting, and nesting at

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northern spotted owl activity sites. mitigation, the Plan also includes and timber and watershed-management Details of the Humboldt Redwood measures to minimize take of the activities on Tacoma-owned land in the Company HCP are available at http:// northern spotted owl. Details of the upper Green River Watershed of 15,843 www.fws.gov/arcata/es/birds/NSO/ Terra Springs HCP are available at ac (6,411 ha). The HCP covers 32 documents/Pacific_Lumber_Co http://www.fws.gov/arcata/es/birds/ species of fish and wildlife, including _(Humboldt_Redwood_Co.)_1999_ NSO/documents/ the northern spotted owl and 10 other Final_HCP.pdf. Terra_Springs_2003_Final_HCP.pdf. listed species under an agreement designed to allow the continuation of Regli Estates Habitat Conservation Plan State of Oregon water-supply operations on the Green We propose to exclude lands managed No lands covered under an HCP in the River, and covers forest management under the Regli Estates HCP in the State of Oregon are currently proposed and water activities. The plan provides Redwood Coast CHU from the final as critical habitat. for fish passage into and out of the critical habitat designation. The permit upper Green River Watershed, and State of Washington issued under this HCP in 1995 (noticed serves as an umbrella for a number of July 17, 1995 (60 FR 36432) and issued Cedar River Watershed Habitat agreements for river operations, water- August 30, 1995) covers 500 ac (202 ha) Conservation Plan supply operations, and forest and land in Humboldt County, California, to be management, including several major We propose to exclude lands managed used for forest management activities. habitat-restoration projects. Details of under the Cedar River Watershed HCP Two listed species, the marbled the Green River Water Supply in in King County, Washington from the murrelet and northern spotted owl, as Operations and Watershed Protection final critical habitat designation. The well as two nonlisted species are HCP are available at http:// City of Seattle completed an HCP that covered under the incidental take www.mytpu.org/tacomawater/water- covers the City’s 90,535-ac (36,368-ha) permit for a period of 20 years. conservation/environment/fish-wildlife/ watershed and the City’s water supply Provisions in the HCP for the northern habitat-conservation-plan.htm. spotted owl include the mitigation of and hydroelectric operations on the any impacts from forest management Cedar River, which discharges into Lake Plum Creek Timber Central Cascades activities by implementing selective Washington. Based on this HCP, we Habitat Conservation Plan harvest techniques that would maintain issued a permit April 21, 2000 (noticed We propose to exclude lands managed owl foraging habitat in all harvested December 11, 1998 (63 FR 68469)), that under the Plum Creek Timber Central areas, protecting an 80-ac (32-ha) core covers forestry restoration activities Cascades HCP in the State of nesting area for one of the two owl pairs including riparian thinning, road Washington in the final critical habitat known to exist in the HCP area, and abandonment, and timber-stand designation. The permit associated with planting conifer tree species on improvement in the upper Cedar River the Plum Creek Timber HCP was first approximately 80 ac (32 ha) of currently Watershed. It also provides for activities noticed in the Federal Register on unforested habitat within the HCP area, associated with the development of November 17, 1995 (60 FR 57722), which would result in a net increase in utilities and infrastructure, recreational issued on June 27, 1996, and later forested habitat over time. In addition, activities, and water activities. The plan modified in December of 1999 as take of owls would be minimized using was prepared to address the declining noticed on February 10, 2000 (65 FR seasonal protection measures specified populations of salmon, steelhead, and 6590). The permit has a term of 50 years in the HCP. Details of the Regli Estates other species of fish and wildlife in the (with an option to extend to 100 years HCP are available at http:// Cedar River basin, and includes habitat- if certain conditions are met) and covers www.fws.gov/arcata/es/birds/NSO/ based conservation and mitigation 84,600 ac (34,236 ha) of lands in the documents/ strategies for all species addressed in Interstate-90 corridor in King and Regli_Estates_1995_Final_HCP.pdf. the HCP, as well as species-specific Kittitas Counties, Washington. The HCP conservation and mitigation strategies includes over 315 species of fish and Terra Springs Habitat Conservation Plan for all listed species. Details regarding wildlife, including the northern spotted We propose to exclude lands managed the City of Seattle Cedar River owl and 7 other listed species. The plan under the Terra Springs LLC Low Effect Watershed HCP are available at http:// addresses forest-management activities HCP in the Interior California Coast www.seattle.gov/util/About_SPU/ across an area of industrial timberlands CHU from the final critical habitat Water_System/ in Washington’s central Cascade designation. The permit issued in Habitat_Conservation_Plan/index.asp. Mountains, and provides for association with this HCP (noticed management of the northern spotted owl Green River Water Supply Operations October 29, 2002 (67 FR 65998), and based on landscape conditions tailored and Watershed Protection Habitat issued in 2004) has a term of 30 years to the guidelines provided by the NWFP Conservation Plan and includes 76 ac (31 ha) of second- by providing additional protection to growth forest lands in Napa County, The Service proposes to exclude lands northern spotted owl sites near Late California. This HCP addresses the managed under the Green River Water Successional Reserves. Wildlife trees are effects of timber harvest and conversion Supply Operations and Watershed retained in buffers of natural features of 22 ac (9 ha) of forest lands to Protection HCP in the State of (e.g., caves, wetlands, springs, cliffs, vineyard and any subsequent removal of Washington from the final critical talus slopes) and streams, as well as commercial conifer trees from the habitat designation. The permit scattered and clumped within harvest remainder of the covered lands. The associated with this HCP was noticed in units. The HCP also requires Plum HCP provides a conservation program to the Federal Register on August 21, 1998 Creek to maintain and grow forests of minimize and mitigate for the covered (63 FR 44918), and issued on July 6, various structural stages across all of activities, including a deed restriction 2001. The Green River Water Supply their HCP ownerships. This that requires management in perpetuity Operations and Watershed Protection commitment of forest stages, in of 41 ac (16 ha) of the property as HCP addresses upstream and combination with wildlife trees retained nesting and roosting quality habitat for downstream fish passage issues, flows within harvest units and stream and the northern spotted owl. In addition to in the Middle and lower Green River, landscape-feature buffers will provide a

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matrix of habitat conditions that the landscape upon which they will the Nation. The permit associated with complements the owl habitat provided manage for nesting, roosting, and the West Fork Timber HCP has a term in the HCP. Stands containing scattered foraging (NRF) habitat for spotted owls. of 100 years and was first issued on leave trees following harvest will be These areas are known as NRF September 24, 1993; amended on June expected to become more valuable for Management Areas (NRFMAs) and were 26, 1995; and amended again on spotted owls at earlier ages than those located to provide demographic support October 16, 2001 (66 FR 52638). The harvested using previous methods. that would strategically complement the HCP includes 53,558 ac (21,674 ha) of Details of the Plum Creek Timber NWFP’s Late-Successional Reserves as commercial timber lands managed as a Central Cascades HCP are available at well as those Adaptive Management tree farm in Lewis County, Washington. http://www.fws.gov/wafwo/ Areas that have late-successional The HCP was first developed to allow CHP_new.html. objectives. The NRFMAs also were for forest-management activities and situated to help maintain species Washington State Department of Natural provide for the conservation of the distribution. Generally, these NRFMAs Resources State Lands Habitat northern spotted owl; the amended HCP will be managed so that approximately Conservation Plan provides for all species, including 6 50 percent of those lands will develop listed species. The HCP is designed to We propose to exclude lands managed into NRF habitat for the northern develop and maintain owl dispersal under the Washington State Department spotted owl over time. Within this 50 habitat across 43 percent of the tree of Natural Resources (WDNR) State percent, certain nest patches containing farm. In addition, the HCP provides for Lands HCP in multiple CHUs in high-quality nesting habitat are to be leaving at least 10 percent of the tree Washington from the final critical retained and grown. Since the HCP was farm in reserves for the next 100 years. habitat designation. The WDNR State implemented, within the NRFMAs, These reserves will primarily take the Lands HCP covers approximately 1.7 WDNR has carried out 5,100 ac (2,064 form of riparian buffers averaging at million ac (730,000 ha) of State forest ha) of pre-commercial thinning and least 100 ft (30 m) on each side of all lands within the range of the northern 7,800 ac (3,156 ha) of timber harvest fish-bearing streams, as well as other spotted owl in the State of Washington. specifically configured to enhance buffers and set-a-side areas. Other The majority of the area covered by the spotted owl habitat. WDNR’s habitat provisions of the HCP are designed to HCP is west of the Cascade Crest and enhancement activities will continue ensure that all forest habitat types and includes the Olympic Peninsula and under the HCP. age classes currently on the tree farm, as southwest Washington. The WDNR HCP Some areas outside of the NRFMAs well as special habitat types such as lands on the west side of the Olympic are managed to provide for dispersal talus slopes, caves, nest trees, and den Peninsula are managed as the Olympic and foraging conditions in 50 percent of sites, are protected or enhanced. Details Experimental State Forest. The the forests in those areas; these were of the West Fork Timber HCP are remainder of the area is on the east side strategically located in landscapes available at http://www.fws.gov/wafwo/ of the Cascade Range within the range important for connectivity. The CHP_new.html. of the northern spotted owl. The permit Olympic Experimental State Forest is associated with this HCP, issued managed to provide for spotted owl SDS Company LLC and Broughton January 30, 1997, was noticed in the conservation across all of its lands. Even Lumber Company Proposed Federal Register on April 5, 1996 (61 FR in areas not specifically managed for Conservation Plan 15297), has a term of 70 to 100 years, spotted owls, WDNR has committed to and covers activities primarily providing a range of forest stages across We may consider excluding forest associated with commercial forest the landscape to address multiple lands owned and managed by the SDS management, but also includes limited species. This commitment of forest Company LLC and Broughton Lumber non-timber activities such as some stages, in combination with wildlife Company in Washington and Oregon. recreational activities. The HCP covers trees retained within harvest units and The companies are in the process of all species, including the northern stream and landscape-feature buffers, negotiating a conservation plan (either spotted owl and other listed species. will provide a matrix of habitat an HCP or an SHA) with the Service. If The HCP addressed multiple species conditions that will also provide some the spotted owl provisions of the through a combination of strategies. The assistance in conserving spotted owls. conservation plan are finalized, and the marbled murrelet is addressed through Stands containing scattered leave trees permit is issued in time for us to a combination of research, modeling, following harvest will be expected to consider the provisions of the surveys, and development of a long- become more valuable for spotted owls conservation plan prior to our final term plan to retain and protect at earlier ages than those harvested rulemaking, we propose to exclude important old-forest habitat. The HCP using previous methods. Owls across these lands. If the northern spotted owl also includes a series of Natural Area the WDNR HCP are expected to benefit provisions of the conservation plan are Preserves and Natural Resource from the combination of these strategies. finalized, and the permit is issued prior Conservation Areas. Riparian Details of the WDNR HCP are available to our final rulemaking, we propose to conservation includes buffers on at http://www.dnr.wa.gov/ exclude these lands. The SDS Company fishbearing streams as well as researchscience/topics/trustlandshcp/ LLC and Broughton Lumber Company substantial buffers on streams and Pages/Home.aspx. collectively manage approximately wetlands without fish. Wildlife trees are 83,000 acres (33,589 ha) of forestland in retained in buffers of natural features West Fork Timber Habitat Conservation Skamania and Klickitat counties in (e.g., caves, wetlands, springs, cliffs, Plan Washington, and Hood River and Wasco talus slopes) and streams, as well as We propose to exclude lands managed counties in Oregon. These lands provide scattered and clumped within harvest under the West Fork Timber HCP some habitat for some northern spotted units. The HCP also requires WDNR to (formerly known as Murray Pacific) in owl activity sites. The Service maintain and grow forests of various the West Cascades Central CHU from anticipates conservation benefits for structural stages across all of their HCP the final critical habitat designation. northern spotted owls could be ownerships. Specifically for spotted The West Fork Timber HCP was the first provided by completing a conservation owls, they have identified portions of multi-species HCP on forested lands in plan with the companies on these lands.

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Lands With Conservation Easements, Mendocino Redwood Company monitoring results to State agencies and Other Management Agreements, or Proposed Habitat Conservation Plan the Service, establishment of mapped Other Partnerships We may consider excluding forest polygons of suitable habitat around each activity site wherein no timber harvest California lands owned and managed by the Mendocino Redwood Company in the or limited timber harvest may occur, California State Park Lands Redwood Coast CHU in California. The and introduction of silvicultural company is in the process of negotiating practices designed to maintain or We propose to exclude 164,672 ac a multispecies terrestrial and aquatic improve habitat suitability within (66,640 ha) of California State Park HCP and Natural Communities northern spotted owl nesting, roosting, lands, as these lands are managed Conservation Plan with the Service and and foraging areas. consistent with the conservation and with National Marine Fisheries Service. Van Eck Forest Foundation recovery needs of the northern spotted In our best estimate, this process will The Van Eck Forest is discussed in owl. not be completed before the final critical detail under Safe Harbor Agreements. Big River, Salmon Creek and Garcia habitat rule is issued. However, if the This land is also under a conservation River Forests spotted owl provisions of the HCP are easement held by the Pacific Forest finalized, and the permit is issued prior Trust. We propose to exclude the three forest to our final rulemaking, we may tracts known as the Big River Forest consider these lands for exclusion in the State of Oregon (11,837 ac (4,790 ha)), Salmon Creek final critical habitat designation. The The Oregon Department of Forestry Forest (4,676 ac (1,892 ha)), and Garcia Mendocino Redwood Company (ODF) collectively manages about River Forest (23,780 ac (9,624 ha)) in manages 232,584 ac (94,123 ha) of 700,000 ac (283,290 ha) in the western Mendocino County from the forestland in Mendocino and Sonoma Tillamook, Clatsop, and Elliott State final critical habitat designation. The counties and continuously monitors Forests (co-managed with Oregon Big River and Salmon Creek Forests are more than 160 northern spotted owl Department of State Lands) in addition activity sites. Based on our regional in Subunit 2 and the Garcia Forest is in to other parcels in western Oregon, and analysis of habitat suitability and we are proposing approximately Subunit 3 of the Redwood Coast CHU. connectivity, company lands contain an 228,733 ac (92,565 ha) of these lands as The Garcia River Forest is in a key abundance of high-quality owl habitat. critical habitat for the northern spotted location for local and regional habitat Three management units on this owl. The Tillamook and Clatsop State connectivity. The three tracts were ownership, Rockport, Garcia and Forests are managed under the criteria recently acquired by The Conservation Annapolis, are in key locations for contained within the Northwestern Fund (TCF); conservation easements on regional habitat connectivity. Oregon Forest Management Plan these tracts are held by The Nature (revised April 2010). ODF is in the Usal Forest Conservancy (TNC). TCF maintains process of withdrawing from the 1995 forest certifications under the Forest We propose to exclude the forest tract Elliott State Forest Habitat Conservation Stewardship Council and the known as Usal Forest in northwestern Plan due to an inability to develop a Sustainable Forestry Initiative programs; Mendocino County, in Subunit 2 of the revised HCP because of disagreements and is initiating carbon sequestration Redwood Coast CHU from the final related to salmonid management. The certification through the California critical habitat designation. The tract is Elliott State Forest Management Plan, Climate Action Registry. TCF has owned by the Redwood Forest which was approved by the Board of completed Integrated Resource Foundation, Inc. (RFFI, non-profit), and Forestry and State Land Board in the fall Management Plans (IRMPs) for all three is under a conservation easement is held of 2011, covers the Elliott State Forest tracts in conjunction with the forest by The Conservation Fund. On-the- and scattered tracts in Coos, Curry, and certification programs. Under the ground management is carried out by Douglas Counties. These plans are IRMPs, the northern spotted owl is the Campbell Group, LLC. RFFI and available online at http:// identified as an indicator species for Campbell Group have issued a draft egov.oregon.gov/ODF/ northern spotted owl management plan, STATE_FORESTS/ assessing ecosystem change and for _ _ guiding adaptive management strategies. which is under review by the California Forest Management Plans.shtml). Department of Forestry and Fire State forest management plans are Due to the history of intensive forest Protection. The foundation has only long-range plans that provide policy harvesting under previous owners, recently acquired the land, but they goals and strategies under which more younger forest age classes are over- have begun two initiatives, one for specific district implementation plans represented in current timber forest certification with the Forest and annual operation plans are inventories; though there is enough Stewardship Council program, and developed. We are currently working suitable breeding habitat to support at another for certification of carbon with ODF to understand how portions least 17 owl activity sites on the three sequestration through the California of these State forest lands are currently tracts combined. Forest management Climate Action Registry. The Usal managed to contribute to the long-term and carbon storage goals over the next Forest is approximately 50,000 ac maintenance and enhancement of several decades are to expand the (20,235 ha) and includes approximately spotted owls, in alignment with the standing forest inventory through 20 northern spotted owl activity sites recommendations in the Revised reliance on uneven-aged silviculture under continuous monitoring. There are Recovery Plan (USFWS 2011, pp. III–57 and constrained harvest levels. substantial amounts of high-quality owl to III–58). In this context, ODF has Combined with the current inventory habitat and the tract is in a key location recently provided the Service with maps picture, this management direction for local and regional habitat and information about ODF’s plans to indicates, at minimum, that there will connectivity. Among the conservation develop structurally complex habitat on be substantial recruitment of suitable measures in the draft management plan portions of the State Forest’s landscape. foraging habitat on these lands over the are provisions for continued monitoring Work is currently underway between next 2 to 3 decades. of owl activity sites, reporting of the the Service and ODF to evaluate this

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information, which may form the basis consider the development and viability of threatened and endangered for adjustments in the final designation implementation of land management species populations depend. of critical habitat. The continued plans by Federal agencies to be In developing proposed revised implementation of ODF’s forest consistent with this statutory obligation critical habitat designation for the management plans, and commitments to under section 7(a)(1) of the Act. northern spotted owl, we considered adaptive management improvements Therefore, Federal land management inclusion of some Indian lands. As over time articulated in these plans, are plans, in and of themselves, are described in the above section Criteria the State of Oregon’s voluntary generally not an appropriate basis for Used to Identify Critical Habitat, and contributions to spotted owl recovery on excluding essential habitat. Some broad- detailed in our supporting forestlands managed by the ODF. If scale Federal resource management documentation (Dunk et al. 2012, future management is sufficient to meet plans (e.g., the Northwest Forest Plan) entire), we evaluated numerous the standards of exclusion from provide conservation benefits to the potential habitat scenarios to determine designated critical habitat as described northern spotted owl as well as all other those areas that are essential to the in this proposed revised rule, we will species within the plan boundaries. In conservation of the northern spotted consider excluding some or all of these addition, in some places, Federal land owl. In all cases, we assessed the lands from the final designation of management agencies may actively effectiveness of the habitat scenario critical habitat. manage for the northern spotted owl under consideration in terms of its and conduct specific conservation ability to meet the recovery goals for the State of Washington actions for the species. Congressionally species. Furthermore, the habitat Washington State Park Lands reserved natural areas (e.g., wilderness scenarios under consideration included a comparison of different prioritization We propose to exclude 104 ac (42 ha) areas, national parks, national scenic areas) were not included in the 1992 schemes for landownership; we of Washington State Park lands, as these prioritized areas under consideration for lands are managed consistent with the and 2008 northern spotted owl critical habitat designations. In this rulemaking, critical habitat such that we looked first conservation and recovery needs of the to Federal lands, followed by State, northern spotted owl. we propose to exclude 2,631,736 ac (1,065,026 ha) of Congressionally private, and Tribal or Indian lands. Scofield Corporation Deed Restriction reserved natural areas from the final Indian lands are those defined in (Formerly Habitat Conservation Plan) critical habitat designation. We request Secretarial Order 3206 ‘‘American Indian Tribal Rights, Federal-Tribal We propose to exclude lands that public comment regarding existing specific conservation actions that Trust Responsibilities, and the were formerly covered under the Endangered Species Act’’ (June 5, 1997), Scofield Corporation HCP in the East Federal land management agencies have or are currently implementing on their as: (1) Lands held in trust by the United Cascades North CHU from the final States for the benefit of any Indian tribe critical habitat designation. This HCP lands, and will take this information into account when conducting our or individual; and (2) lands held by any for 40 ac (16 ha) of forest lands in Indian Tribe or individual subject to Chelan County, Washington, covered exclusion analysis in the final critical habitat designation. restrictions by the United States against forest-management activities and the alienation. In evaluating Indian lands associated incidental take permit Consideration of Indian Lands under consideration as potential critical included only the northern spotted owl. habitat for the northern spotted owl, we The HCP provided for mitigation and In accordance with the Secretarial further considered the directive of minimization measures by retaining a Order 3206, ‘‘American Indian Tribal Secretarial Order 3206 that stipulates buffer of intact habitat, implementing Rights, Federal-Tribal Trust ‘‘Critical habitat shall not be designated selective timber-harvest practices, and Responsibilities, and the Endangered in such areas unless it is determined placing a perpetual deed restriction on Species Act’’ (June 5, 1997); the essential to conserve a listed species. In the property permanently prohibiting President’s memorandum of April 29, designating critical habitat, the Services further timber harvest or tree removal 1994, ‘‘Government-to-Government shall evaluate and document the extent except with the express written consent Relations with Native American Tribal to which the conservation needs of the of the U.S. Fish and Wildlife Service. Governments’’ (59 FR 22951); Executive listed species can be achieved by These measures were designed to ensure Order 13175, ‘‘Consultation and limiting the designation to other lands.’’ the retention of some owl habitat and Coordination with Indian Tribal Although some Indian lands approximately 72 percent of the total Governments’’ (November 6, 2000, and identified in our habitat modeling number of trees after harvest. Although as reaffirmed November 5, 2009); and demonstrated the potential to contribute the permit issued under this HCP in the relevant provision of the to the conservation of the northern 1996 had a duration of only 1 year Departmental Manual of the Department spotted owl, our analysis did not (noticed February 20, 1996 (61 FR of the Interior (512 DM 2), we believe suggest that these areas were essential to 6381), and issued April 3, 1996), as that fish, wildlife, and other natural conserve the northern spotted owl. This provided in the permit terms, the lands resources on Indian lands may be better determination was based on our relative under this HCP are now covered by a managed under Indian authorities, evaluation of the various habitat deed restriction for those lands in policies, and programs than through scenarios under consideration; if the perpetuity. Federal regulation where Indian population performance results from management addresses the conservation our habitat modeling indicated that we Federal Lands needs of listed species. In addition, such could meet the recovery goals for the As noted above, Federal agencies have designation may be viewed by tribes as species without relying on Indian lands, an independent responsibility under unwarranted and an unwanted intrusion we did not consider the physical and section 7(a)(1) of the Act to use their into Indian self-governance, thus biological features on those lands, or the programs in furtherance of the Act and compromising the government-to- lands themselves, to be essential to the to utilize their authorities to carry out government relationship essential to conservation of the species, therefore programs for the conservation of achieving our mutual goals of managing they did not meet our criteria for endangered and threatened species. We for healthy ecosystems upon which the inclusion in critical habitat. Our

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evaluation of the areas under proposal, if requested. Requests must be Regulatory Flexibility Act (5 U.S.C. 601 consideration for designation as critical received within 45 days after the date of et seq.) habitat indicated that we could achieve publication of this proposed rule in the Under the Regulatory Flexibility Act the conservation of the northern spotted Federal Register. Such requests must be (RFA; 5 U.S.C. 601 et seq.) as amended owl by limiting the designation of sent to the address shown in FOR by the Small Business Regulatory revised critical habitat to other lands. FURTHER INFORMATION CONTACT. We will Enforcement Fairness Act (SBREFA) of Therefore, no Indian lands are included schedule public hearings on this 1996 (5 U.S.C 801 et seq.), whenever an in the proposed revised designation of proposal, if any are requested, and agency must publish a notice of critical habitat. announce the dates, times, and places of rulemaking for any proposed or final Peer Review those hearings, as well as how to obtain rule, it must prepare and make available reasonable accommodations, in the In accordance with our joint policy on for public comment a regulatory Federal Register and local newspapers peer review published in the Federal flexibility analysis that describes the at least 15 days before the hearing. Register on July 1, 1994 (59 FR 34270), effects of the rule on small entities (small businesses, small organizations, we will seek the expert opinions of at Required Determinations least three appropriate and independent and small government jurisdictions). specialists regarding this proposed rule Regulatory Planning and Review— However, no regulatory flexibility and appropriate supporting materials Executive Order 12866/13563 analysis is required if the head of the that were used in its development that agency certifies the rule will not have a The Office of Management and Budget may have not otherwise undergone peer significant economic impact on a (OMB) has determined that this rule is review. The purpose of peer review is to substantial number of small entities. ensure that our critical habitat significant and has reviewed this The SBREFA amended the RFA to designation is based on scientifically proposed rule under Executive Order require Federal agencies to provide a sound data, assumptions, and analyses. 12866 and 13563 (E.O. 12866 and E.O. certification statement of the factual We have invited these peer reviewers to 13563). OMB based its determination basis for certifying that the rule will not comment during this public comment upon the following four criteria: have a significant economic impact on period on our specific assumptions and (1) Whether the rule will have an a substantial number of small entities. conclusions in this proposed revised annual effect of $100 million or more on Small entities include small designation of critical habitat. All the economy or adversely affect an organizations, such as independent sources we have relied upon in the economic sector, productivity, jobs, the nonprofit organizations; small development of this proposed rule, environment, or other units of the governmental jurisdictions, including including all published peer-reviewed government; school boards and city and town governments that serve fewer than literature and the Revised Recovery (2) Whether the rule will create Plan, are cited and full references are 50,000 residents; as well as small inconsistencies with other Federal businesses. Small businesses include provided for download at http:// agencies’ actions; www.regulations.gov, or in hard copy manufacturing and mining concerns upon request (see FOR FURTHER (3) Whether the rule will materially with fewer than 500 employees, INFORMATION CONTACT). affect entitlements, grants, user fees, wholesale trade entities with fewer than In addition, we note that the Revised loan programs, or the rights and 100 employees, retail and service Recovery Plan for the Northern Spotted obligations of their recipients; or businesses with less than $5 million in Owl (USFWS 2011), which provides the (4) Whether the rule raises novel legal annual sales, general and heavy recovery criteria and habitat modeling or policy issues. construction businesses with less than framework upon which this proposed $27.5 million in annual business, Executive Order 13563 reaffirmed the revised designation of critical habitat is special trade contractors doing less than principles of E.O. 12866 while calling based, in part, was subject to a rigorous $11.5 million in annual business, and for improvements in the nation’s peer review process. The Wildlife agricultural businesses with annual regulatory system to promote Society and the American sales less than $750,000. To determine predictability, to reduce uncertainty, Ornithologists’ Union/Society for whether potential economic impacts to and to use the best, most innovative, Conservation Biology (jointly) provided these small entities are significant, we and least burdensome tools for peer review of the draft Revised consider the types of activities that achieving regulatory ends. The Recovery Plan. We also received might trigger regulatory impacts under executive order directs agencies to reviews from experts on our Scientific this rule, as well as the types of project Review Committee, as well as numerous consider where relevant, feasible, and modifications that may result. In unsolicited reviews from other consistent with regulatory objectives, general, the term ‘‘significant economic specialists and organizations, that and to the extent permitted by law, impact’’ is meant to apply to a typical contributed to the scientific integrity of regulatory approaches that reduce small business firm’s business the habitat modeling framework burdens and maintain flexibility and operations. presented in Appendix C of the Revised freedom of choice for the public. E.O. To determine whether a designation Recovery Plan. 13563 emphasizes further that of critical habitat could significantly We will consider all comments and regulations must be based on the best affect a substantial number of small information received during this available science and that the entities, we consider the number of comment period on this proposed rule rulemaking process must allow for small entities affected within particular during our preparation of a final public participation and an open types of economic activities (e.g., determination. Accordingly, the final exchange of ideas. This proposed rule housing development, grazing, oil and decision may differ from this proposal. has been developed in a manner gas production, timber harvesting). We consistent with these requirements and apply the ‘‘substantial number’’ test Public Hearings the Service is committed to respecting individually to each industry to Section 4(b)(5) of the Act provides for them in the development of the final determine if certification is appropriate. one or more public hearings on this critical habitat designation. However, the SBREFA does not

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explicitly define ‘‘substantial number’’ information that could contribute to the for ongoing Federal activities that could or ‘‘significant economic impact.’’ recovery of the species. be transferred to a small business entity. Consequently, to assess whether a Any existing and planned projects, In general, two different mechanisms ‘‘substantial number’’ of small entities is land uses, and activities that could in section 7 consultations could lead to affected by this designation, this affect the proposed critical habitat but additional regulatory requirements that analysis considers the relative number have no Federal involvement would not the Federal action agency may be of small entities likely to be impacted in require section 7 consultation with the required to consult with us on regarding an area. In some circumstances, Service, so they are not restricted by the their project’s impact on the northern especially with critical habitat requirements of the Act. Federal spotted owl and its habitat. First, if we designations of limited extent, we may agencies may need to reinitiate a conclude, in a biological opinion, that a aggregate across all industries and previous consultation if discretionary proposed action is likely to jeopardize consider whether the total number of involvement or control over the Federal the continued existence of a species or small entities affected is substantial. In action has been retained or is authorized adversely modify its critical habitat, we estimating the number of small entities by law and the activities may affect can offer ‘‘reasonable and prudent potentially affected, we also consider critical habitat. alternatives.’’ Reasonable and prudent whether their activities have any At this time, we lack the available alternatives are alternative actions that Federal involvement. economic information necessary to can be implemented in a manner Under the Act, designation of critical provide an adequate factual basis for the consistent with the scope of the Federal habitat only affects activities carried required RFA finding specific to this agency’s legal authority and out, funded, or permitted by Federal proposed revised designation of critical jurisdiction, that are economically and agencies. Some kinds of activities are habitat. Therefore, we defer the RFA technologically feasible, and that would unlikely to have any Federal finding until completion of the draft avoid jeopardizing the continued involvement and so would not result in economic analysis prepared under existence of listed species or result in any additional effects under the critical section 4(b)(2) of the Act and Executive adverse modification of critical habitat. A Federal agency and an applicant habitat provisions of the Act. However, Order 12866. This draft economic (potentially a small business) may elect there are some State laws that limit analysis will provide the required to implement a reasonable and prudent activities in designated critical habitat factual basis for the RFA finding. Upon alternative associated with a biological even where there is no Federal nexus. completion of the draft economic opinion that has found jeopardy or If there is a Federal nexus, Federal analysis, we will announce availability adverse modification of critical habitat. agencies will be required to consult of the draft economic analysis of the An agency or applicant could with us under section 7 of the Act on proposed designation in the Federal alternatively choose to seek an activities they fund, permit, or carry out Register and reopen the public exemption from the requirements of the that may affect critical habitat. If we comment period for the proposed Act or proceed without implementing conclude, in a biological opinion, that a designation. We will include with this the reasonable and prudent alternative. proposed action is likely to destroy or announcement, as appropriate, an initial However, unless an exemption were adversely modify critical habitat, we can regulatory flexibility analysis or a obtained, the Federal agency or offer ‘‘reasonable and prudent certification that the rule will not have applicant would be at risk of violating alternatives.’’ Reasonable and prudent a significant economic impact on a section 7(a)(2) of the Act if it chose to alternatives are alternative actions that substantial number of small entities proceed without implementing the can be implemented in a manner accompanied by the factual basis for reasonable and prudent alternatives. consistent with the scope of the Federal that determination. Second, if we find that a proposed agency’s legal authority and We do have a recent economic action is not likely to jeopardize the jurisdiction, that are economically and analysis that was completed for the continued existence of a listed animal or technologically feasible, and that would 2008 designation of critical habitat for plant species, we may identify avoid destroying or adversely modifying the northern spotted owl. Because this reasonable and prudent measures critical habitat. proposed revised designation of critical designed to minimize the amount or A Federal agency and an applicant habitat on Federal, State, and private extent of take and require the Federal may elect to implement a reasonable lands differs from the current agency or applicant to implement such and prudent alternative associated with designation in that the current measures through non-discretionary a biological opinion that has found designation is limited entirely to terms and conditions. We may also adverse modification of critical habitat. Federal lands, the previous economic identify discretionary conservation An agency or applicant could analysis is of somewhat limited utility recommendations designed to minimize alternatively choose to seek an in informing our analysis of the or avoid the adverse effects of a exemption from the requirements of the potential impacts of the proposed proposed action on listed species or Act or proceed without implementing designation on any small entities. In our critical habitat, help implement the reasonable and prudent alternative. previous economic analysis, we recovery plans, or to develop However, unless an exemption were concluded that in areas where the information that could contribute to the obtained, the Federal agency or species is present, Federal agencies recovery of the species. applicant would be at risk of violating already are required to consult with us Based on our experience with section 7(a)(2) of the Act if it chose to under section 7 of the Act on activities consultations under section 7 of the Act proceed without implementing the they fund, permit, or implement that for all listed species, virtually all reasonable and prudent alternatives. We may affect the northern spotted owl. projects—including those that, in their may also identify discretionary Federal agencies also must consult with initial proposed form, would result in conservation recommendations us if their activities may affect critical jeopardy or adverse modification designed to minimize or avoid the habitat. The designation of critical determinations in section 7 adverse effects of a proposed action on habitat, therefore, could result in an consultations—can be implemented critical habitat, help implement additional economic impact due to the successfully with, at most, the adoption recovery plans, or to develop requirement to reinitiate consultation of reasonable and prudent alternatives.

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These measures, by definition, must be northern spotted owl surveys and consultations, we believe that an economically feasible and within the monitoring, (4) fire management, (5) adverse-modification finding is scope of authority of the Federal agency linear projects (i.e., roads, pipelines, unlikely. This is based on our involved in the consultation. We can and powerlines), (6) restoration, (7) experience that in over 20 years of only describe the general kinds of recreation, and (8) administrative costs conducting consultations on the spotted actions that may be identified in future associated with consultations under owl, we have never had such a case. reasonable and prudent alternatives. section 7 of the Act. Nonetheless, should this occur, to avoid These are based on our understanding of Determining the economic impacts of adverse modification we would most the needs of the species and the threats a critical habitat designation involves likely recommend reducing the scale of it faces, as described in the final listing evaluating the ‘‘without critical habitat’’ impacts to spotted owl habitat in the rule and this critical habitat designation. baseline versus the ‘‘with critical vicinity of areas important for Within the final critical habitat units of habitat’’ scenario, to identify those connectivity or near population the 2008 critical habitat, the types of effects expected to occur solely due to strongholds. In this rare event, there Federal actions or authorized activities the designation of critical habitat and would potentially be some cost to the that were identified as potential not from the protections that are in landowner in terms of reduced potential concerns were: place due to the species being listed harvest. However, in general, we (1) Regulation of activities affecting under the Act. Effects of a designation anticipate that actions that promote waters of the United States by the U.S. equal the difference, or the increment, ecological restoration and those that Army Corps of Engineers under section between these two scenarios. Measured apply ecological forestry principles as 404 of the Clean Water Act; differences between the baseline described in the Revised Recovery Plan (2) Regulation of activities by the Fish (without critical habitat) and the for the Northern Spotted Owl (USFWS and Wildlife Service under section designated critical habitat (with critical 2011, pp. III–11 to III–41) and elsewhere 10(a)(1)(B) of the Endangered Species habitat) may include (but are not limited in this document are likely to be Act; and to) the economic effects stemming from consistent with the conservation of the (3) Activities involving other Federal changes in land or resource use or northern spotted owl and the actions (such as funding from the extraction, environmental quality, or management of its critical habitat, Federal Highway Administration, time and effort expended on therefore we expect any potential Federal Aviation Administration, or the administrative and other activities by economic impacts of the designation to Federal Emergency Management Federal landowners, Federal action be minimized. These are only tentative Agency). agencies, and in some instances, State conclusions, however; the We determined that it was likely that and local governments or private third comprehensive evaluation of the a developer or other project proponent parties. These are the ‘‘incremental potential economic impacts of the could modify a project or take measures effects’’ that serve as the basis for the proposed revised designation will be to protect the northern spotted owl. The economic analysis. presented in our draft economic kinds of actions that may be included if As a result of our preliminary analysis, which will be made available future reasonable and prudent evaluation, we expect that any potential for public comment subsequent to the alternatives become necessary include incremental effects of the critical habitat publication of this proposed rule. conservation set-asides, management of designation would be due to: (1) An competing nonnative species, increased workload for action agencies Energy Supply, Distribution, or Use— restoration of degraded habitat, and and the Service to conduct re-initiated Executive Order 13211 regular monitoring. We concluded that consultations for ongoing actions in Executive Order 13211 (Actions these measures were not likely to result newly designated critical habitat (areas Concerning Regulations That in a significant economic impact to proposed for designation that are not Significantly Affect Energy Supply, project proponents. already included within the extant Distribution, or Use) requires agencies As noted above, this proposed revised designation); (2) the cost to action to prepare Statements of Energy Effects designation of critical habitat for the agencies of including an analysis of the when undertaking certain actions. northern spotted owl differs effects to critical habitat for new While this proposed rule to designate significantly from the current projects occurring in occupied areas of revised critical habitat for the northern designation in terms of both scope and designated critical habitat; and (3) spotted owl is a significant regulatory landownerships affected. Therefore, the potential project alterations in action under Executive Order 12866, it Service has concluded that deferring the unoccupied critical habitat. As in the is not expected to significantly affect RFA until completion of the draft prior designation, we therefore expect energy supplies, distribution, or use. economic analysis specific to this any incremental costs of critical habitat Therefore, this action is not a significant proposed rulemaking is necessary to to be borne primarily by Federal energy action, and no Statement of meet the purposes and requirements of agencies, since the majority of Energy Effects is required. However, we the RFA. Deferring the RFA in this incremental effects are associated with will further evaluate this issue as we manner will ensure that the Service consultation costs under section of the conduct our economic analysis, and makes a sufficiently informed Act. On private lands, we expect that for review and revise this assessment as determination based on adequate a proposed action to result in a finding warranted. economic information and provides the of adverse modification (i.e., that it necessary opportunity for public would likely substantially reduce the Unfunded Mandates Reform Act (2 comment. In the meantime, for the conservation value of spotted owl U.S.C. 1501 et seq.) public’s consideration, we have critical habitat to such an extent that it In accordance with the Unfunded tentatively identified several categories would affect the ability of critical Mandates Reform Act (2 U.S.C. 1501 et of activities that we anticipate may habitat to serve its intended recovery seq.), we make the following findings: potentially be affected by the proposed role), it would likely have to (1) This rule will not produce a revised critical habitat; these activities significantly alter large areas or restrict Federal mandate. In general, a Federal include: (1) Timber management, (2) spotted owl connectivity through such mandate is a provision in legislation, barred owl management and control, (3) areas. In light of our history of statute, or regulation that would impose

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an enforceable duty upon State, local, or programs listed above onto State out are not likely to destroy or adversely Indian governments, or the private governments. modify critical habitat. The Act imposes sector, and includes both ‘‘Federal (2) We do not believe that this rule no other duties with respect to critical intergovernmental mandates’’ and will significantly or uniquely affect habitat, either for States and local ‘‘Federal private sector mandates.’’ small governments because most of the governments, or for anyone else. As a These terms are defined in 2 U.S.C. lands in the proposed revised result, the proposed rule does not have 658(5)–(7). ‘‘Federal intergovernmental designation are under Federal or State substantial direct effects either on the mandate’’ includes a regulation that ownership, and do not occur within the States, or on the relationship between ‘‘would impose an enforceable duty jurisdiction of small governments. the national government and the States, upon State, local, or Indian Therefore, a Small Government Agency or on the distribution of powers and governments’’ with two exceptions. It Plan is not required. However, we will responsibilities among the various excludes ‘‘a condition of Federal further evaluate this issue as we levels of government. However, in assistance.’’ It also excludes ‘‘a duty conduct our economic analysis, and keeping with Department of the Interior arising from participation in a voluntary review and revise this assessment if and Department of Commerce policy Federal program,’’ unless the regulation appropriate. and the federalism principals set forth ‘‘relates to a then-existing Federal Takings—Executive Order 12630 in Executive Order 13132, we are program under which $500,000,000 or requesting information from, and more is provided annually to State, In accordance with Executive Order consulting with appropriate State local, and Indian governments under 12630 (‘‘Government Actions and resource agencies in Washington, entitlement authority,’’ if the provision Interference with Constitutionally Oregon, and California on the effect of would ‘‘increase the stringency of Protected Private Property Rights’’), this the proposed revised designation of rule is not anticipated to have conditions of assistance’’ or ‘‘place caps critical habitat. We will use this significant takings implications. As upon, or otherwise decrease, the Federal information to more thoroughly evaluate discussed above, the designation of Government’s responsibility to provide the probable economic effects of this critical habitat affects only Federal funding,’’ and the State, local, or Indian proposed designation in our draft actions. Although private parties that governments ‘‘lack authority’’ to adjust economic analysis, to inform the receive Federal funding, assistance, or accordingly. At the time of enactment, development of our final rule, and to require approval or authorization from a these entitlement programs were: consider the appropriateness of Federal agency for an action may be Medicaid; Aid to Families with excluding specific areas from the final indirectly impacted by the designation Dependent Children work programs; rule. of critical habitat, the legally binding Child Nutrition; Food Stamps; Social The proposed revision of critical duty to avoid destruction or adverse Services Block Grants; Vocational habitat also is not expected to have modification of critical habitat rests Rehabilitation State Grants; Foster Care, substantial indirect impacts. As squarely on the Federal agency. Due to Adoption Assistance, and Independent explained in more detail above, current public knowledge of the species Living; Family Support Welfare activities within the areas proposed to protections and the prohibition against Services; and Child Support be designated as critical habitat are take of the species both within and Enforcement. ‘‘Federal private sector already subject to a broad range of outside of the proposed areas, we do not mandate’’ includes a regulation that requirements, including: (1) The various anticipate that property values will be requirements of the Northwest Forest ‘‘would impose an enforceable duty affected by the critical habitat Plan, including those applicable to its upon the private sector, except (i) a designation. However, we have not yet Late Successional Reserves, Riparian condition of Federal assistance or (ii) a completed the economic analysis for Reserves, and ‘‘survey and manage’’ duty arising from participation in a this proposed rule. Once the economic restrictions; (2) the prohibition against voluntary Federal program.’’ analysis is available, we will review and ‘‘taking’’ northern spotted owls under The designation of critical habitat revise this preliminary assessment as sections 4(d) and 9 of the Act; (3) the does not impose a legally binding duty warranted, and prepare a Takings prohibition against Federal agency on non-Federal Government entities or Implication Assessment. actions that jeopardize the continued private parties. Under the Act, the only existence of the northern spotted owl Federalism—Executive Order 13132 regulatory effect is that Federal agencies under section 7(a)(2) of the Act; (4) the must ensure that their actions do not In accordance with Executive Order prohibition against taking other destroy or adversely modify critical 13132 (Federalism), we have Endangered Species Act listed species habitat under section 7. While non- determined that this proposed rule does that occur in the area of the proposed Federal entities that receive Federal not have direct federalism implications critical habitat (e.g., salmon, bull trout, funding, assistance, or permits, or that that would require a federalism and marbled murrelets); and (5) the otherwise require approval or summary impact statement; however, prohibition against Federal agency authorization from a Federal agency for we are aware of the State level interest actions that jeopardize the continued an action, may be indirectly impacted in this rule, and we both summarize existence of such other listed species. by the designation of critical habitat, the below and explain in more detail in All of these requirements are currently legally binding duty to avoid other parts of this package activities and in effect and will remain in effect after destruction or adverse modification of responsibilities on Federal, State, and the final revision of critical habitat. critical habitat rests squarely on the private lands. Some indirect impacts of the Federal agency. Furthermore, to the From a federalism perspective, the proposed rule on States are, of course, extent that non-Federal entities are designation of critical habitat directly possible. Section 7(a)(2) of the Act indirectly impacted because they affects only the responsibilities of requires Federal agencies (action receive Federal assistance or participate Federal agencies. As explained in detail agencies) to consult with the Service in a voluntary Federal aid program, the earlier, section 7(a)(2) of the Act whenever activities that they undertake, Unfunded Mandates Reform Act would requires Federal agencies—and only authorize, permit, or fund may affect a not apply, nor would critical habitat Federal agencies—to ensure that the listed species or designated critical shift the costs of the large entitlement actions they authorize, fund, or carry habitat. States or local governments may

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be indirectly affected if they require critical habitat in accordance with the have found that environmental Federal funds or formal approval or provisions of the Act. This proposed assessments have proven adequate. authorization from a Federal agency as rule uses standard mapping conventions Clarity of the Rule a prerequisite to conducting an action. and identifies the elements of physical In such instances, while the primary or biological features essential to the We are required by Executive Orders consulting parties are the Service and conservation of the northern spotted 12866 and 12988 and by the the Federal action agency, State and owl within the designated areas to assist Presidential Memorandum of June 1, local governments may also participate the public in understanding the habitat 1998, to write all rules in plain in section 7 consultation as an needs of the species. language. This means that each rule we applicant. It is therefore possible that publish must: States may be required to change project Paperwork Reduction Act of 1995 (44 (1) Be logically organized; designs, operation, or management of U.S.C. 3501 et seq.) (2) Use the active voice to address activities taking place within the This rule does not contain any new readers directly; (3) Use clear language rather than boundaries of the designation in order collections of information that require to receive Federal funding, assistance, jargon; approval by OMB under the Paperwork (4) Be divided into short sections and permits, approval, or authorization from Reduction Act of 1995 (44 U.S.C. 3501 a Federal agency. Also, to the extent that sentences; and et seq.). This rule will not impose (5) Use lists and tables wherever the designation of critical habitat affects recordkeeping or reporting requirements timber harvest amounts on Federal land, possible. on State or local governments, If you feel that we have not met these county governments that receive a share individuals, businesses, or of the receipts from such harvests may requirements, send us comments by one organizations. An agency may not ADDRESSES be affected. of the methods listed in the conduct or sponsor, and a person is not section. To better help us revise the On the other side of the ledger, the required to respond to, a collection of designation of critical habitat may have rule, your comments should be as information unless it displays a specific as possible. For example, you some benefit to State and local currently valid OMB control number. governments because the areas that should tell us the numbers of the contain the physical or biological National Environmental Policy Act (42 sections or paragraphs that are unclearly features essential to the conservation of U.S.C. 4321 et seq.) written, which sections or sentences are the species are more clearly defined, too long, the sections where you feel and the elements of the features of the It is our position that, outside the lists or tables would be useful, etc. habitat necessary to the conservation of jurisdiction of the U.S. Court of Appeals for the Tenth Circuit, we do not need to Government-to-Government the species are specifically identified. It Relationship With Tribes may also assist local governments in prepare environmental analyses long-range planning (rather than having pursuant to the National Environmental In accordance with the President’s them wait for case-by-case section 7 Policy Act (NEPA), 42 U.S.C. 4321 et memorandum of April 29, 1994 consultations to occur). seq., in connection with designating (Government-to-Government Relations We will be examining these potential critical habitat under the Act for the with Native American Tribal indirect impacts in connection with the reasons outlined in a notice published Governments; 59 FR 22951), Executive forthcoming economic analysis that is in the Federal Register on October 25, Order 13175, ‘‘Consultation and being prepared pursuant to section 1983 (48 FR 49244). This position was Coordination with Indian Tribal 4(b)(2) of the Act, which will be made upheld by the U.S. Court of Appeals for Governments’’ (November 6, 2000, and available for public comment prior to the Ninth Circuit (in a challenge to the as reaffirmed November 5, 2009), and the finalization of this rule. We are first rulemaking designating critical the Department of the Interior’s manual committed to interactive management habitat for the northern spotted owl. at 512 DM 2, we readily acknowledge and will continue to consult with Douglas County v. Babbitt, 48 F.3d 1495 our responsibility to communicate affected parties to minimize indirect (9th Cir. 1995), cert. denied 516 U.S. meaningfully with recognized Federal impacts of this rulemakings on non- 1042 (1996)). Nevertheless, given the Tribes on a government-to-government Federal entities. scope of this particular proposed basis. The United States recognizes the We note, finally, that we intend to designation, the Service plans, as a right of Indian tribes to self-government consult closely with State and local matter of discretion and not as a legal and supports tribal sovereignty and self- governments to ensure both that they requirement, to prepare an determination, and recognizes the need understand the effects of such environmental assessment prior to to consult with tribal officials when designation, and that we fully making a final decision. We are in the developing regulations that have tribal understand any concerns they may process of drafting the environmental implications. In accordance with have. In particular, we will give careful assessment, and plan to make it Secretarial Order 3206 of June 5, 1997 consideration to any recommendations available at the same time that we (American Indian Tribal Rights, Federal- they may offer with respect to the release our draft economic analysis on Tribal Trust Responsibilities, and the exclusion of particular areas pursuant to this proposed rule; the comment period Endangered Species Act), we readily section 4(b)(2) of the Act. for the draft environmental assessment acknowledge our responsibilities to and the draft economic analysis will work directly with tribes in developing Civil Justice Reform—Executive Order therefore run concurrently. One of the programs for healthy ecosystems, to 12988 purposes in developing an acknowledge that Indian lands are not In accordance with Executive Order environmental assessment is to subject to the same controls as Federal 12988 (Civil Justice Reform), the Office determine whether an environmental public lands, to remain sensitive to of the Solicitor has determined that the impact statement may be warranted. Indian culture, and to make information rule does not unduly burden the judicial However, based on our experience in available to tribes. Even though we have system and that it meets the the Tenth Circuit, where the Service determined that there are no Indian requirements of sections 3(a) and 3(b)(2) routinely conducts NEPA analyses of lands that meet the definition of critical of the Order. We have proposed revised critical habitat designations, to date we habitat for the northern spotted owl, and

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therefore no Indian lands are included (D) Grand fir; zones within the geographical range of in this proposal, we will continue to (E) Pacific silver fir; the northern spotted owl are the coordinate and consult with tribes (F) Douglas-fir; following: regarding resources within the proposed (G) White fir; (A) West Cascades/Coast Ranges of revised designation that are of cultural (H) Shasta red fir; Oregon and Washington. significance to them. (I) Redwood/Douglas-fir (in coastal (1) Stands of nesting and roosting California and southwestern Oregon); habitat; additionally, owls may use References Cited and younger forests with some structural A complete list of references cited in (J) The moist end of the ponderosa characteristics (legacy features) of old this rulemaking is available on the pine coniferous forest zones at forests, hardwood forest patches, and Internet at http://www.regulations.gov elevations up to approximately 3,000 ft edges between old forest and and upon request from the Oregon Fish (900 m) near the northern edge of the hardwoods. and Wildlife Office (see FOR FURTHER range and up to approximately 6,000 ft (2) Moderate to high canopy closure INFORMATION CONTACT). (1,800 m) at the southern edge. (60 to over 80 percent). (ii) PCE 2: Habitat that provides for Authors (3) A diversity of tree diameters and nesting and roosting. In many cases the heights. The primary authors of this package same habitat also provide for foraging (4) Increasing density of trees greater are the staff members of the Oregon Fish (PCE (3)). Nesting and roosting habitat than or equal to 31 in (80 cm) dbh and Wildlife Office. provides structural features for nesting, increases foraging habitat quality List of Subjects in 50 CFR Part 17 protection from adverse weather (especially above 12 trees per ac (30 conditions, and cover to reduce trees per ha)). Endangered and threatened species, predation risks for adults and young. (5) Increasing density of trees 20 to 31 Exports, Imports, Reporting and This PCE is found throughout the in (51 to 80 cm) dbh increases foraging recordkeeping requirements, geographical range of the northern habitat quality (especially above 24 trees Transportation. spotted owl, because stand structures at per ac (60 trees per ha)). Proposed Regulation Promulgation nest sites tend to vary little across the (6) Increasing snag basal area, snag Accordingly, we propose to amend spotted owl’s range. These habitats must volume (the product of snag diameter, part 17, subchapter B of chapter I, title provide: height, estimated top diameter, and 50 of the Code of Federal Regulations, (A) Sufficient foraging habitat to meet including a taper function), and density as set forth below: the home range needs of territorial pairs of snags greater than 20 in (50 cm) dbh of northern spotted owls throughout the all contribute to increasing foraging PART 17—ENDANGERED AND year (or must occur in conjunction with habitat quality, especially above 10 THREATENED WILDLIFE AND PLANTS this habitat); and snags/ha. (B) Stands for nesting and roosting (7) Large accumulations of fallen trees 1. The authority citation for part 17 that are generally characterized by: and other woody debris on the ground. continues to read as follows: (1) Moderate to high canopy closure (8) Sufficient open space below the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (60 to over 80 percent). canopy for northern spotted owls to fly. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– (2) Multilayered, multispecies (B) East Cascades. 625, 100 Stat. 3500; unless otherwise noted. canopies with large (20–30 inches (in) (1) Stands of nesting and roosting 2. Amend § 17.95(b) by revising (51–6 centimeters (cm) or greater habitat; in addition, stands composed of critical habitat for ‘‘Northern Spotted diameter at breast height (dbh)) Douglas-fir and white fir/Douglas-fir Owl (Strix occidentalis caurina)’’ to overstory trees. mix. read as follows: (3) High basal area (greater than 240 (2) Mean tree size (quadratic mean ft2/acre; 55 m2/ha). diameter greater than 16.5 in (42 cm). § 17.95 Critical habitat—fish and wildlife. (4) High diversity of different (3) Increasing density of large trees * * * * * diameters of trees. (greater than 26 in (66 cm)) and (b) Birds. (5) High incidence of large live trees increasing basal area (the cross-sectional * * * * * with various deformities (e.g., large area of tree boles measured at breast Northern Spotted Owl (Strix cavities, broken tops, mistletoe height) increases foraging habitat occidentalis caurina) infections, and other evidence of quality. (1) Critical habitat units are depicted decadence). (4) Large accumulations of fallen trees for the States of Washington, Oregon, (6) Large snags and large and other woody debris on the ground. and California on the maps below. accumulations of fallen trees and other (5) Sufficient open space below the (2) Critical habitat for the northern woody debris on the ground. canopy for northern spotted owls to fly. spotted owl includes the following four (7) Sufficient open space below the (C) Klamath and Northern California primary constituent elements (PCEs) set canopy for northern spotted owls to fly. Interior Coast Ranges. forth in paragraph (2)(i) (PCE 1) through (iii) PCE 3: Habitat that provides for (1) Stands of nesting and roosting paragraph (2)(iv) (PCE 4) of this entry. foraging, which varies widely across the habitat; in addition, other forest types Each critical habitat unit must include northern spotted owl’s range, in with mature and old-forest PCE 1 and PCE 2, 3, or 4: accordance with ecological conditions characteristics. (i) PCE 1: Forest types that may be in and disturbance regimes that influence (2) Presence of conifer species such as early-, mid-, or late-seral stages and that vegetation structure and prey species incense-cedar, sugar pine, and Douglas- support the northern spotted owl across distributions. Across most of the owl’s fir and hardwood species such as bigleaf its geographical range. These forest range, nesting and roosting habitat is maple, black oak, live oaks, and types are primarily: also foraging habitat, but in some madrone, as well as shrubs. (A) Sitka spruce; regions northern spotted owls may (3) Forest patches within riparian (B) Western hemlock; additionally use other habitat types for zones of low-order streams and edges (C) Mixed conifer and mixed foraging as well. The specific foraging between conifer and hardwood forest evergreen; habitat PCEs for the four ecological stands.

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(4) Brushy openings and dense young (4) Trees greater than 26 in (66 cm) in (B) Habitat supporting the stands or low-density forest patches diameter or greater than 41 years of age. colonization phase of dispersal, which within a mosaic of mature and older (5) Sufficient open space below the is generally equivalent to nesting, forest habitat. canopy for northern spotted owls to fly. roosting and foraging habitat as (5) High canopy cover (87 percent at (iv) PCE 4: Habitat to support the described in PCEs 2 and 3, but may be frequently used sites). transience and colonization phases of smaller in area than that needed to (6) Multiple canopy layers. dispersal, which in all cases would support nesting pairs. (7) Mean stand diameter greater than optimally be composed of nesting, 21 in (52.5 cm). roosting, or foraging habitat (PCEs 2 or (3) Critical habitat does not include (8) Increasing mean stand diameter 3), but which may also be composed of manmade structures (such as buildings, and densities of trees greater than 26 in other forest types that occur between aqueducts, runways, roads, other paved (66 cm) increases foraging habitat larger blocks of nesting, roosting, and areas, or surface mine sites) and the quality. foraging habitat. In cases where nesting, land on which they are located; (9) Large accumulations of fallen trees roosting, or foraging habitats are developed recreation sites, and other woody debris on the ground. insufficient to provide for dispersing or administrative sites, or roadways, and (10) Sufficient open space below the nonbreeding owls, the specific dispersal the land on which they are located, canopy for northern spotted owls to fly. habitat PCEs for the northern spotted including a safety buffer for hazard tree (D) Redwood Coast. owl may be provided by the following: management; or any meadows, (1) Nesting and roosting habitat; in (A) Habitat supporting the transience grasslands, oak woodlands, or aspen addition, stands composed of hardwood phase of dispersal, which includes: woodlands existing on the effective date tree species, particularly tanoak. (1) Stands with adequate tree size and of this rule and not containing the (2) Early-seral habitats 6 to 20 years canopy closure to provide protection primary constituent elements. old with dense shrub and hardwood from avian predators and minimal (4) Critical habitat map units. The cover and abundant woody debris; these foraging opportunities; and designated critical habitat units for the habitats produce prey, and must occur (2) Younger and less diverse forest northern spotted owl are depicted on in conjunction with nesting, roosting, or stands than foraging habitat, such as the maps below. foraging habitat. even-aged, pole-sized stands, if such (3) Increasing density of small-to- stands contain some roosting structures (5) Note: Index map of critical habitat medium sized trees (10 to 22 in; 25 to and foraging habitat to allow for units for the northern spotted owl in the 56 cm), which increases foraging habitat temporary resting and feeding during State of Washington follows: quality. the transience phase. BILLING CODE 4310–55–P

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(6) Note: Index map of critical habitat units for the northern spotted owl in the State of Oregon follows:

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(7) Note: Index map of critical habitat units for the northern spotted owl in the State of California follows:

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(8) Unit 1: North Coast Ranges and (i) [Reserved for textual description of (ii) Note: Maps of Unit 1: North Coast Olympic Peninsula, Oregon and Unit 1: North Coast Ranges and Olympic Ranges and Olympic Peninsula, Oregon Washington. Peninsula, Oregon and Washington]. and Washington, follows:

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(9) Unit 2: Oregon Coast Ranges, (i) [Reserved for textual description of (ii) Note: Map of Unit 2, Oregon Coast Oregon. Unit 2: Oregon Coast Ranges, Oregon]. Ranges, Oregon, follows:

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(10) Unit 3: Redwood Coast, Oregon (i) [Reserved for textual description of (ii) Note: Map of Unit 3, Redwood and California. Unit 3: Redwood Coast, Oregon and Coast, Oregon and California, follows: California]

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(11) Unit 4: West Cascades North, (i) [Reserved for textual description of (ii) Note: Map of Unit 4, West Washington. Unit 4: West Cascades North, Cascades North, Washington, follows: Washington].

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(12) Unit 5: West Cascades Central, (i) [Reserved for textual description of (ii) Note: Map of Unit 5, West Washington. Unit 5: West Cascades Central, Cascades Central, Washington, follows: Washington].

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(13) Unit 6: West Cascades South, (i) [Reserved for textual description of (ii) Note: Map of Unit 6, West Washington. Unit 6: West Cascades South, Cascades South, Washington, follows: Washington].

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(14) Unit 7: East Cascades North, (i) [Reserved for textual description of (ii) Note: Maps of Unit 7, East Washington and Oregon Unit 7: East Cascades North, Cascades North, Washington and Washington and Oregon]. Oregon, follow:

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(15) Unit 8: East Cascades South, (ii) Note: Map of Unit 8, East (i) [Reserved for textual description of California and Oregon Cascades South, California and Oregon, Unit 9: Klamath West, Oregon and (i) [Reserved for textual description of follows: California]. Unit 8: East Cascades South, California (16) Unit 9: Klamath West, Oregon (ii) Note: Map of Unit 9: Klamath and Oregon]. and California. West, Oregon and California, follows:

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(17) Unit 10: Klamath East, California. (ii) Note: Map of Unit 10: Klamath (i) [Reserved for textual description of East, California, follows: Unit 10: Klamath East, California].

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(18) Unit 11: Interior California Coast, (i) [Reserved for textual description of (ii) Note: Map of Unit 11: Interior California. Unit 11: Interior California Coast, California Coast, California, follows: California].

* * * * * Dated: February 27, 2012. Rachel Jacobsen, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–5042 Filed 3–7–12; 8:45 am] BILLING CODE 4310–55–C

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