Proposed Revised Designation of Critical Habitat for the Northern Spotted Owl (Strix Occidentalis Caurina); Proposed Rule

Tuesday, June 12, 2007

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Revised Designation of Critical Habitat for the Northern Spotted Owl (Strix occidentalis caurina); Proposed Rule

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DEPARTMENT OF THE INTERIOR Comments and materials received, as revised designation and, in particular, well as supporting documentation used any impacts on small entities; and the Fish and Wildlife Service in the preparation of this proposed rule, benefits of including or excluding areas will be available for public inspection, that exhibit these impacts; and 50 CFR Part 17 by appointment, during normal business (5) Whether any areas should or hours at the Oregon Fish and Wildlife should not be excluded from the revised RIN 1018–AU37 Office, at the address above; the Western designation under section 4(b)(2) of the Endangered and Threatened Wildlife Washington Fish and Wildlife Office, Act and why; and and Plants; Proposed Revised 510 Desmond Drive SE., Suite 101, (6) Whether our approach to designating critical habitat could be Designation of Critical Habitat for the Lacey, WA 98503; and the Yreka Fish improved or modified in any way to Northern Spotted Owl (Strix and Wildlife Office, 1829 S. Oregon St., provide for greater public participation occidentalis caurina) Yreka, CA 96097. and understanding, or to assist us in FOR FURTHER INFORMATION CONTACT: accommodating public concerns and AGENCY: Fish and Wildlife Service, Kemper McMaster, Field Supervisor, comments. Interior. Oregon Fish and Wildlife Office (see If you wish to comment, you may ACTION: Proposed rule. ADDRESSES) (telephone 503–231–6179); submit your comments and materials Ken Berg, Field Supervisor, Western concerning this proposal by any one of SUMMARY: We, the U.S. Fish and Washington Fish and Wildlife Office several methods (see ADDRESSES Wildlife Service (Service), propose to (see ADDRESSES) (telephone 360–753– revise the critical habitat designation for section). Please submit e-mail comments 9440); or Phillip Detrich, Field to [email protected] in the northern spotted owl (Strix Supervisor, Yreka Fish and Wildlife occidentalis caurina) under the ASCII file format and avoid the use of Office (see ADDRESSES) (telephone 530– special characters or any form of Endangered Species Act of 1973, as 842–5763). People who use a amended (Act). In 1992, we designated encryption. Please also include ‘‘Attn: telecommunications device for the deaf northern spotted owl critical habitat’’ in critical habitat for the northern spotted (TTD) may call the Federal Information owl on 6,887,000 acres (ac) (2,787,070 your e-mail subject header. If you do not Relay Service (FIRS) at 800–877–8339, receive a confirmation from the system hectares (ha)) of Federal lands in 24 hours a day, 7 days a week. California, Oregon, and Washington. In that we have received your message, SUPPLEMENTARY INFORMATION: this document we propose revised contact us directly by calling our critical habitat for the northern spotted Public Comments Solicited Oregon Fish and Wildlife Office at 503– 231–6179. Please note that the e-mail owl on a total of approximately We intend that any final action 5,337,839 acres (ac) (2,160,194 hectares address resulting from this proposal will be as [email protected] will be (ha)) of Federal lands in California, accurate and as effective as possible. Oregon, and Washington. If adopted, closed out at the termination of the Therefore, comments or suggestions public comment period. this action would result in a net from the public, other concerned decrease of approximately 1,549,161 ac Before including your address, phone governmental agencies, the scientific number, e-mail address, or other (626,915 ha) of designated critical community, industry, or any other habitat for the northern spotted owl. personal identifying information in your interested party concerning this comment, you should be aware that DATES: We will accept comments from proposed rule are hereby solicited. your entire comment—including your all interested parties until August 13, Comments particularly are sought personal identifying information—may 2007. We must receive requests for concerning: be made publicly available at any time. public hearings, in writing, at the (1) The reasons why habitat should or While you can ask us in your comment address shown in the ADDRESSES section should not be designated as critical to withhold your personal identifying by July 27, 2007. habitat as provided by section 4 of the information from public review, we ADDRESSES: If you wish to comment, Act (16. U.S.C. 1531 et seq.), including cannot guarantee that we will be able to you may submit your comments and whether the benefit of designation do so. materials concerning this proposal by would outweigh threats to the species any one of several methods: caused by designation such that the Background 1. You may mail or hand-deliver designation of critical habitat is Ecological Considerations written comments and information to prudent; Kemper McMaster, Field Supervisor, (2) Specific information on the Physical Description and Taxonomy U.S. Fish and Wildlife Service, Oregon amount and distribution of northern The northern spotted owl is a Fish and Wildlife Office, 2600 SE 98th spotted owl habitat, what areas should medium-sized owl and the largest of the Ave., Suite 100, Portland, OR 97266. be included in the revised designation three subspecies of spotted owls 2. You may send comments by that were occupied at the time of listing currently recognized by the American electronic mail (e-mail) to that contain the features that are Ornithologists’ Union (Gutie´rrez et al. [email protected]. Please essential for the conservation of the 1995, p. 2). It is dark brown with a see the Public Comments Solicited species and why, and what areas that barred tail and white spots on the head section below for file format and other were not occupied at the time of listing and breast, and has dark brown eyes information about electronic filing. are essential to the conservation of the that are surrounded by prominent facial 3. You may fax your comments to our species and why; disks. The taxonomic separation of Oregon Fish and Wildlife Office at 503– (3) Land use designations and current these three subspecies is supported by 231–6195. or planned activities in the subject areas varied characteristics (reviewed in 4. You may go to the Federal and their possible impacts on proposed Courtney et al. 2004, pp. 3–3 to 3–31), eRulemaking Portal: http:// revised critical habitat; including genetic (Barrowclough and www.regulations.gov. Follow the (4) Any foreseeable economic, Gutie´rrez 1990, p. 739; Barrowclough et instructions provided for submitting national security, or other potential al. 1999, p. 922; Haig et al. 2004b, p. comments. impacts resulting from the proposed 1353; Barrowclough et al. 2005, p.

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1113), morphological (Gutie´rrez et al. areas (Tyee, Klamath, South Oregon area used for foraging during fall and 1995, pp. 2 to 3), behavioral (Van Gelder Cascades, and Hoopa) appear to have winter (Forsman et al. 1984, p. 21; Sisco 2003, p. 30) and biogeographical remained stable through 2003 (Anthony 1990, p. 9), likely in response to information (Barrowclough et al. 1999, et al. 2006, p. 25). A meta-analysis potential depletion of prey in the core p. 928). combining data from all 12 study areas of their home range (Carey et al. 1992, indicates that rangewide the population p. 245; Carey 1995a, p. 649; but see Distribution declined at a rate of about 3.7 percent Rosenberg et al. 1994, pp. 1512 to 1515). The current range of the northern per year from 1985 to 2003. Northern The northern spotted owl shows strong spotted owl extends from southwest spotted owl populations on Federal year-round fidelity to its breeding site, British Columbia through the Cascade lands had better demographic rates than even when not nesting (Solis 1983, pp. Mountains, coastal ranges, and elsewhere, but still declined at a mean 23 to 28; Forsman et al. 1984, pp. 52 to intervening forested lands in annual rate of about 2.4 percent 53) or after natural disturbance alters Washington, Oregon, and California, as (Anthony et al. 2006, pp. 33 to 34). habitat characteristics within the home far south as Marin County, California The barred owl (Strix varia) has range (Bond et al. 2002, pp. 1024 to (USFWS 1990, pp. 13, 60; June 26, recently emerged as a greater threat to 1026). A discussion of northern spotted 1990). The subspecies is listed as the northern spotted owl than was owl home range size and use is included threatened under the Act throughout its previously recognized. The range of the in the Primary Constituent Elements range (55 FR 26114). Within the United barred owl has expanded in recent years section of this proposed rule. States, the northern spotted owl ranges and now completely overlaps that of the Reproductive success of northern across 12 physiographic provinces, northern spotted owl (Crozier et al. spotted owls has been characterized as based on recognized landscape 2006, p. 761). The presence of barred a multi-stage process (Carey and Peeler subdivisions exhibiting different owls has significant negative effects on 1995, p. 236) in which natal dispersal physical and environmental features northern spotted owl reproduction and survival to reproductive age are the (Franklin and Dyrness 1988, pp. 5 to 26; (Olson et al. 2004), survival (Anthony et most vulnerable stages. Nomadic adults Thomas et al. 1990, p. 61; USDA and al. 2006), and number of territories and juveniles dispersing from their natal USDI 1994b, p. A–3). These include the occupied (Kelly et al. 2003, p. 51; Olson area serve as sources of replacements for Olympic Peninsula, Western et al. 2005). The determination of resident northern spotted owls that die Washington Lowlands, Western population trends for the northern or leave their home range (Thomas et al. Washington Cascades, Eastern spotted owl has become complicated by 1990, p. 295). Habitat supporting Washington Cascades, Oregon Coast the finding that northern spotted owls movements of northern spotted owls Ranges, Western Oregon Cascades, are less likely to call when barred owls between large blocks limits the Willamette Valley, Eastern Oregon are also present, therefore they are likely potentially adverse genetic effects of Cascades, Oregon Klamath, California to be undetected by standard survey inbreeding and provides demographic Klamath, California Coast Ranges, and methods (Olson et al. 2005; Crozier et support to declining populations California Cascades Provinces (based on al. 2006). It is therefore difficult to (Thomas et al. 1990, pp. 271 to 272). A USDA and USDI 1994b, p. A–3). Very determine whether northern spotted discussion of northern spotted owl few northern spotted owls are found in owls no longer occupy a site, or whether dispersal is included in the Primary the Western Washington Lowlands or they may still be present but are not Constituent Elements section of this Willamette Valley, however, therefore detected. The 2007 Draft Recovery Plan proposed rule. the subspecies is restricted primarily to for the Northern Spotted owl concludes Prey 10 of the 12 provinces within its range. that ‘‘barred owls are exacerbating the Northern spotted owls forage Population Status and Trends spotted owl population decline, particularly in Washington, portions of primarily on arboreal and semi-arboreal Demographic data, from studies Oregon, and the northern coast of mammals (summarized in Courtney et initiated as early as 1985, have been California’’ (USFWS 2007, p. 126). al. 2004, pp. 4–31 to 4–32). The primary analyzed every few years to estimate British Columbia has a small prey species utilized depends on northern spotted owl population trends population of northern spotted owls. geographic area, but may include (Anderson and Burnham 1992; This population has declined at least 49 northern flying squirrels (Glaucomys Burnham et al. 1994; Franklin et al. percent since 1992 (Courtney et al. sabrinus), two species of woodrats 1999; Anthony et al. 2006). The most 2004, p. 8–14), and by as much as 90 (Neotoma spp.), two species of red- current evaluation of population status percent since European settlement backed voles (Clethrionomys spp.), red and trends is based on data through (Chutter et al. 2004, p. 6) to a current tree voles (Arborimus longicaudus), two 2003 (Anthony et al. 2006). Based on breeding population estimated at about species of deer mice (Peromyscus spp.), this analysis, populations on 8 of 12 23 birds (Sierra Legal Defence [sic] Fund and two species of lagomorphs (rabbits study areas (Wenatchee, Cle Elum, and Western Canada Wilderness and hares) (Courtney et al. 2004, p. 4– Rainier, Olympic Peninsula, Oregon Committee 2005, p. 16) on 15 sites 5). Northern spotted owls are also Coast Ranges, Warm Springs, H.J. (Chutter et al. 2004, p. 26). known to prey on insects, other Andrews, and Simpson) were declining terrestrial mammals, birds, and (Anthony et al. 2006, p. 23). Estimates Life History and Ecology juveniles of larger mammals (e.g., of realized population change Northern spotted owls are highly mountain beaver (Aplodontia rufa), (cumulative population change across territorial (Courtney et al. 2004, p. 2–7), although the use of these prey species all study years) indicated that, in the though overlap between the outer is more seasonal (mainly spring, more rapidly declining populations portions of the home ranges of adjacent summer, and early fall) (Forsman et al. (Wenatchee, Cle Elum, Rainier, and pairs is common (Forsman et al. 1984, 2001, p. 146; Forsman et al. 2004, p. Warm Springs), the 2003 populations pp. 5, 17, 22 to 24; Solis and Gutie´rrez 223). were 50 to 70 percent of the population 1990, p. 742; Forsman et al. 2005, p. There is a clear geographic pattern to sizes observed in 1994 or 1995 374). Pairs are non-migratory and the northern spotted owl diet that varies (Anthony et al. 2006, pp. 25 to 26). remain on their home range throughout with distribution and abundance of prey Populations in the remaining four study the year, though they often increase the and habitat type (Thomas et al. 1990, p.

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201; Forsman et al. 2001, p. 146; areas with nearby open, shrubby in the Oregon Cascades found that Courtney et al. 2004, p. 4–7). Northern vegetation generally support high habitat characteristics were not good flying squirrels are the dominant prey numbers of dusky-footed woodrats. The predictors of northern spotted owl species in the northern Western main factors that may limit dusky- survival or reproduction (Anthony et al. Hemlock/Douglas-fir forests. Dusky- footed woodrats are access to stable, 2002, p. 49). Courtney et al. (2004, p. 5– footed woodrats (Neotoma fuscipes) are brushy environments that provide food, 23) suggest that although in general more important in the southern drier, cover from predation, materials for nest large patches of older forest appear to be mixed-conifer/mixed-evergreen forests. construction, dispersal ability, and necessary to maintain stable Both prey species are co-dominant appropriate climatic conditions (Carey populations of northern spotted owls, through the southwest interior of et al. 1999, p. 78). core areas composed predominantly of Oregon (Courtney et al. 2004, pp. 4–7 to old forest may not be optimal for Home Range, Forest Condition, 4–8). northern spotted owls in the California Survival, and Reproduction Northern flying squirrels are Klamath Province and Oregon Coast nocturnal arboreal rodents and the Territorial northern spotted owls Ranges Province. primary prey of northern spotted owls remain resident on their home range in the northern provinces. Forests that throughout the year, therefore, these Habitat Use support northern flying squirrels home ranges must provide all of the Habitat for northern spotted owls has provide den sites, usually cavities in habitat components needed for the traditionally been described as large snags, but northern flying squirrels survival and successful reproduction of consisting of four functional types: may also use cavities in live trees, a pair of owls. The home range is nesting, roosting, foraging, and dispersal hollow branches of fallen trees, crevices composed of a core area, the area of habitats. Recent studies continue to in large stumps, stick nests of other most intensive use and nesting, and the support the practical value of discussing species, and lichen and twig nests they remainder of the home range which is northern spotted owl habitat usage by construct (Carey 1995b, p. 658). Fungi utilized for additional foraging and classifying it into these functional (mychorrhizal and epigeous types) are roosting. In nearly all studies of habitat types (Lint 2005; Buchanan prominent in their diet, however seeds, northern spotted owl nesting habitat, 2004; Forsman et al. 2005; Zabel et al. fruits, nuts, vegetation matter, insects, the amount of mature and old-growth 2003; Irwin et al. 2000) and data from and lichens may also represent a forest was greater within northern studies are available to describe areas significant proportion of their diet spotted owl sites than at random sites at used for these types of activities, so we (summarized in Courtney et al. 2004, the home range and core area scale retain it here to structure our discussion App. 3–12). Northern flying squirrel (Courtney et al. 2004, pp. 5–6, 5–13), of the essential features of suitable densities tend to be higher in older and forests were less fragmented habitat for the northern spotted owl. forest stands with ericaceous shrubs (Hunter et al. 1995, p. 688). The amount Detailed characterizations of each of (e.g., rhododendron) and an abundance of quality habitat at the core area scale these functional habitat types and their of large snags (Carey 1995b, p. 654), shows the strongest relationships with relative distribution are described in the likely because these older forests home range occupancy (Meyer et al. Primary Constituent Elements section of produce a higher forage biomass. Flying 1998, p. 34; Zabel et al. 2003, p. 1036), this proposed rule. survival (Franklin et al. 2000, p. 567; squirrel density tends to increase with Summary of Conservation Strategies for Dugger et al. 2005, p. 873), and stand age (Carey 1995b, pp. 653 to 654; the Northern Spotted Owl Carey 2000, p. 252), although managed reproductive success (Ripple et al. 1997, and second-growth stands sometimes pp. 155 to 156; Dugger et al. 2005, p. Prior and subsequent to the listing of also show high densities of squirrels, 871). A more complete description of the northern spotted owl (FR 55 26175), especially when canopy cover is high the home range is presented in the many committees, task forces, and work (e.g., Rosenberg and Anthony 1992, p. Primary Constituent Elements section of groups were formed to find biologically 163; Lehmkuhl et al. 2006, pp. 589 to this proposed rule. and socially acceptable solutions to the 591). The main factors that may limit The size, configuration, and dilemma of halting its decline (Meslow northern flying squirrel densities are the characteristics of vegetation patches 1993, entire document), commencing in availability of den structures and food, within core areas affect northern spotted 1982 with the development of a regional especially hypogeous fungi (Gomez et owl survival and reproduction, a guide for management of the northern al. 2005, pp. 1677 to 1678). concept referred to as habitat fitness spotted owl (Courtney et al. 2004, p. 9– For northern spotted owls in northern potential (Franklin et al. 2000, p. 542). 3). Today, northern spotted owl California, southwestern Oregon, and Among studies that have estimated conservation on Federal lands within the Willamette Valley, dusky-footed habitat fitness potential, the effects of the range of the northern spotted owl in woodrats constitute the primary prey forest fragmentation and heterogeneity Washington, Oregon, and California is (Carey et al. 1999, p. 65). Habitats that vary geographically. In the California largely accomplished through the Forest support dusky-footed woodrats usually Klamath Province, locations for nesting Service’s Land and Resource include early seral mixed-conifer/mixed and roosting tend to be centered in Management Plans (LRMP) and Bureau evergreen forests close to water (Carey et larger patches of old forest, but edges of Land Management’s (BLM) Resource al. 1999, p. 77). Dusky-footed woodrats between forest types may provide Management Plans (RMP), as amended reach high densities in both old forests increased prey abundance and by the Record of Decision for with openings and closed-canopy young availability (Franklin et al. 2000, p. Amendments to Forest Service and BLM forests (Sakai and Noon 1993, pp. 376 579). In the central Oregon Coast Range, Planning Documents within the Range to 378; Carey et al. 1999, p. 73), and use northern spotted owls appear to benefit of the Northern Spotted Owl (USDA and hardwood stands in mixed evergreen from a mixture of older forests with USDI 1994a, p. 31; USDA and USDI forests (Carey et al. 1999, p. 73). Dense younger forest and non-forested areas in 1994b). The LRMPs/RMPs were woodrat populations in shrubby areas their home range (Olson et al. 2004, pp. considered to be, in part, the Federal are likely a source of colonists to 1049 to 1050), a pattern similar to that contribution to recovery for the northern surrounding forested areas (Sakai and found in the California Klamath spotted owl (USDA and USDI 1994a, Noon 1997, p. 347), therefore forested Province. In contrast, studies conducted Appendix G). The work of the

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Interagency Scientific Committee to target number of pairs, would be additional measure of population Address Conservation of the Northern recruited over time (Thomas et al. 1990, security for the small habitat blocks, the Spotted Owl (ISC) in 1990 and its p. 23). Large block size was determined ISC set a shorter distance of 7 mi (11.2 resulting core strategies has served as based on the target number of northern km) to the adjacent blocks. This was less the foundation for subsequent spotted owl pairs and the median than the median dispersal distance conservation planning, including the provincial home range size of pairs. estimate from banded northern spotted 1992 Final Draft Recovery Plan for the Based on habitat use studies, the owls, and is within the dispersal range Northern Spotted Owl (Courtney et al. median home range used was larger in of more than 75 percent of all radio- 2004, p. 9–3), the original designation of the north (14,271 ac (5,775 ha)) and marked juveniles (Thomas et al. 1990, p. critical habitat for the northern spotted smaller in the south (2,955 ac (1,196 308). This shorter distance was intended owl (57 FR 1796; January 15, 1992), and ha)) (Thomas et al. 1990, App. I). to improve the likelihood of successful the 2007 Draft Recovery Plan for the Overall, the large habitat blocks are dispersal from adjacent blocks, thereby Northern Spotted Owl (USFWS 2007). considered sufficiently large so that they reducing the potential for local can remain stable over the long run, Interagency Scientific Committee extinctions within small habitat blocks with low to moderate dispersal from (ISC)—1990 (Thomas et al. 1990, p. 308). adjacent blocks (Thomas et al. 1990, p. (3) Rangewide Distribution. A primary The Interagency Scientific Committee 24). reason for designating habitat blocks (ISC), was chartered in 1989 by four In areas where the actual habitat throughout the northern spotted owl’s Federal agencies, the U.S. Department of conditions, future capability of lands to range was to ensure that stochastic Agriculture’s Forest Service (FS) and develop into northern spotted owl events such as large fires or windstorms U.S. Department of the Interior’s Bureau habitat, and northern spotted owl that may occur in a portion of the range of Land Management (BLM), Fish and densities did not allow for the large would not negatively impact the entire Wildlife Service, and National Park block approach, smaller habitat blocks population (Thomas et al. 1990, p. 294). Service, to develop a scientific were identified in strategic locations The ISC’s rangewide distribution of conservation strategy for the northern (Thomas et al. 1990, p. 28). The ISC large habitat blocks offered some spotted owl (Thomas et al. 1990). In recognized that the northern spotted resiliency to maintain the subspecies 1992, the Forest Service formally owl populations in these smaller blocks and habitat variation across provinces adopted the ISC Conservation Strategy were relatively less stable, but would and offered some protection against for the Northern Spotted Owl as a basis still contribute to the metapopulation stressors such as stochastic events (e.g., for its planned management. However, structure across the subspecies’ range large fires). This conservation principle for a variety of reasons, the plan was (Thomas et al. 1990, pp. 27 to 30, 308). provides a hedge against extinction of never implemented (Courtney et al. The term metapopulation refers to a set the northern spotted owl due to either 2004, p. 9–4). of local populations linked by small or large catastrophic events. In The ISC’s Conservation Strategy was dispersing individuals. The ISC adopted addition, large, well-distributed blocks built on a foundation of five a metapopulation approach to of unfragmented habitat may assist the conservation biology principles. In management as an attempt to provide northern spotted owl in responding to general, the ISC favors the protection of the northern spotted owl with habitat the barred owl, which has recently large blocks of habitat capable of distributed across the landscape in a expanded its range and now overlaps supporting multiple pairs of northern fashion most similar to the historical with the range of the northern spotted spotted owls spaced closely enough to configuration, given existing patterns of owl (Herter and Hicks 2000, p. 284). facilitate dispersal between the blocks. fragmentation. This approach was The results of applying these principles considered the best hedge against future (4) Contiguous Habitat. The ISC were of key importance to the extinction (Thomas et al. 1990, p. 23). Strategy states that the less fragmented development of this revised critical (2) Distance Between Habitat Blocks. the habitat within blocks is, the better habitat proposal, and are summarized The success of a northern spotted owl habitat will function for northern below: conservation strategy based on spotted owls. Habitat fragmentation may (1) Large Block Size. The ISC strategy metapopulation structure depends, in cause habitat deterioration from edge emphasizes the importance of managing part, on dispersal between habitat effects, increased risk of predation, and large and well-distributed blocks of blocks. Therefore, the ISC developed potential displacement by barred owls northern spotted owl habitat, called habitat blocks separated by distances (Thomas et al. 1990, p. 22 to 23). At the Habitat Conservation Areas (HCAs), well within the known dispersal range time, information such as that provided which are sufficiently connected to of juveniles (Thomas et al. 1990, p. 307). by the more recent studies in the maintain a stable and well-distributed For the northern spotted owl, the ISC California Klamath and Oregon Coast population throughout the northern indicates that the distance between large Range provinces regarding the potential spotted owl’s range. The target habitat blocks should be within the benefits of heterogeneity and forest edge population for HCAs was derived from known median dispersal distances of at in these areas (Franklin et al. 2000, empirical data and modeling results least two-thirds of all juveniles. This Olson et al. 2004) was not known. supporting the conclusion that clusters translated into a maximum allowable (5) Dispersal Habitat. Stability of the of 20 pairs of northern spotted owls distance of 12 mi (19.3 km) between the northern spotted owl population under should be stable over the long term, nearest points of contact of neighboring the ISC Conservation Strategy is given the rates of dispersal among them large habitat blocks (Thomas et al. 1990, dependent on the movement of by juveniles (Thomas et al. 1990, pp. 24, p. 307, Table P1). individuals among habitat blocks for App. O). At the time of selection, some Populations in small habitat blocks population support (Thomas et al. 1990, HCAs contained sufficient habitat and are inherently less stable and more p. 26). To facilitate the movement of resident northern spotted owls to meet prone to local extinctions than those in northern spotted owls between blocks, or exceed the 20-pair target, while large blocks and are therefore more the ISC requires intervening forest lands others were deficient in both habitat and reliant on immigration from neighboring to be managed in a manner that will pairs. The ISC anticipated that northern blocks to remain extant (Thomas et al. support dispersing northern spotted spotted owl habitat, and therefore the 1990, pp. 262, 266, 308). To provide an owls (Thomas et al. 1990, p. 326 to 327).

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Designation of Critical Habitat—1992 and spacing criteria from Thomas et al. The LRMPs/RMPs allow for The original designation of critical (1990) were applied during mapping of silvicultural treatments of older forests habitat for the northern spotted owl was the DCAs. The overall structural in LSRs on sites characterized by finalized in 1992 (57 FR 1796; January elements developed by the ISC frequent, light to moderate intensity fire, 15, 1992). Critical habitat was identified remained, although the draft recovery such as pine and mixed-conifer based on the conservation principles set plan was never finalized. dominated forests on the eastern slopes forth in the ISC Conservation Strategy of the Cascade Range and in the Forest Ecosystem Management Siskiyou-Klamath region. This provision for the Northern Spotted Owl (Thomas Assessment Team—1993 et al. 1990), including the development was included because of the potential and maintenance of large contiguous The Forest Ecosystem Management for uncharacteristically intense wildfire on sites where higher than normal blocks of habitat to support multiple Assessment Team (FEMAT) (USDA et amounts of fuel have accumulated. Such reproducing pairs of owls; minimizing al. 1993) was created to provide a fires pose a high risk of temporary or fragmentation and edge effect to review of scientific issues and options even long-term loss of old-growth improve habitat quality; minimizing for a regional plan to manage Federal conditions, including northern spotted distance between blocks to facilitate forests. The primary concepts of the owl habitat, and treatments may help dispersal; and maintaining rangewide FEMAT Option 9 were adopted through reduce this risk. distribution of habitat to facilitate the Record of Decision for Amendments recovery (57 FR 1803–1804; January 15, to Forest Service and BLM Planning 2006/2007 Recovery Planning Process 1992). The emphasis on large, Documents within the Range of the for the Northern Spotted Owl Northern Spotted Owl, signed in 1994, continuous blocks of habitat relied on In April 2006, the Service convened the ISC’s identification of HCAs as a and amended the Forest Service LRMPs and BLM RMPs within the range of the an interdisciplinary Northern Spotted starting point (Thomas et al. 1990; p. Owl Recovery Team to incorporate the 315). Category 1 HCAs were those with northern spotted owl relative to the management of habitat for late- most recent scientific information into a the potential to support 20 or more current recovery plan for the species. pairs, and category 2 HCAs were those successional and old-growth forest species (USDA and USDI 1994b). The The Recovery Team sought input from with the potential to support fewer than northern spotted owl experts on the 20 pairs. Although the ISC had also principal components that contribute to conserving the northern spotted owl main threats to the rangewide northern identified category 3 HCAs, areas spotted owl population: competition include the concepts of large reserve capable of supporting only a single pair from barred owls, loss of habitat amount blocks of habitat (managed for forests of owls, the critical habitat concentrated and distribution from past activities and resembling northern spotted owl on areas of sufficient size to support at disturbances, and ongoing habitat loss habitat), connectivity, and silviculture least two pairs. The final critical habitat to timber harvest. The Draft Recovery treatments to accelerate habitat designation included 6,887,000 ac Plan for the Northern Spotted Owl development, all of which were founded (2,787,070 ha) of Federal lands within (USFWS 2007) provides two options to on the ISC concepts (Courtney et al. the range of the northern spotted owl. address the threats posed by habitat loss 2004, 9–7). Of those acres, approximately 5,700,000 and modification. Both options are ac (2,317,073 ha) were within the HCA The LRMPs/RMPs include a network based on the same underlying science, system proposed by the ISC, and an of reserve allocations called Late- much of which is from the ISC (Thomas additional 1,887,000 ac (767,073 ha) Successional Reserves (LSRs) designed, et al. 1990). Option 1 maps the specific were designated as a measure to further in part, to support clusters of conservation area boundaries where enhance the HCAs already identified (57 reproducing northern spotted owl pairs most of the recovery actions and criteria FR 1804–1805; January 15, 1992). across the range of the subspecies. It will be targeted. These conservation should be noted that LSRs are managed areas are called Managed Owl Northern Spotted Owl Final Draft to meet the need of multiple species that Conservation Areas, or MOCAs, and are Recovery Plan—1992 depend on late-successional forests, and mapped in the 2007 Draft Recovery Plan The Department of the Interior began are not exclusive to management for (USFWS 2007). Option 2 of the 2007 development of a recovery plan for the northern spotted owls. Therefore Draft Recovery Plan provides a rule set northern spotted owl in 1990. After although many LSRs benefit northern that defines the size and distance of the reviewing a number of conservation spotted owls, not all LSRs necessarily conservation areas needed for recovery, strategies, the 1992 Recovery Team represent optimal habitat for northern while recognizing that the habitat settled on the ISC reserve design (i.e., spotted owls since they are intended to demands of the northern spotted owl size and spacing of habitat blocks) as a provide for other species as well. vary across its range. The rule set is basis for the 1992 Final Draft Northern Silvicultural treatment of young forest designed to help guide the Federal land Spotted Owl Recovery Plan (USDI 1992, (less than 80 years of age) is allowed management agencies when undertaking p. 357). HCAs were renamed Designated within LSRs for the purpose of conservation actions for the northern Conservation Areas (DCAs), but the accelerating the development of late- spotted owl. category designations remained the successional habitat. This provision was The network of habitat blocks same (i.e., a category 1 DCA was included because the LSRs initially stemming from both options is based on designed to support at least 20 pairs of included a significant amount of area the conservation biology strategies of northern spotted owls, and a category 2 that had been logged and were in young, the ISC (Thomas et al. 1990, p. 23) and DCA supports from 2 to 19 pairs). The plantation-style forests. Because the provides the basis for this proposed 1992 Recovery Team’s objective in development of large contiguous, revised critical habitat designation. The remapping the HCAs was to provide a unfragmented, blocks of late- 2007 Draft Recovery Plan suggests that level of habitat protection in the DCAs successional forest was a key element of the recovery of the northern spotted owl that was at least equal to that provided the ISC’s strategy, activities designed to can be achieved by managing for by HCAs, while increasing the accelerate restoration of simplified appropriate habitat on Federal lands biological and economic efficiency of young stands were viewed as within the range of the northern spotted the network. The fundamental sizing appropriate. owl in the United States, drawing on

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voluntary recovery measures on by a species, at the time it is listed in included in the critical habitat intervening non-Federal lands. accordance with the Act, on which are designation. When the best available Conservation contributions by private, found those physical or biological scientific data do not demonstrate that State, and other landowners in areas features (I) essential to the conservation the conservation needs of the species between or adjacent to habitat blocks are of the species and (II) that may require require additional areas, we will not expected to increase the likelihood of special management considerations or designate critical habitat in areas northern spotted owl recovery. protection; and (ii) specific areas outside the geographical area occupied Consistent with the 1992 designation, outside the geographical area occupied by the species at the time of listing. we have identified only Federal lands as by a species at the time it is listed, upon The Service’s Policy on Information proposed revised critical habitat for the a determination that such areas are Standards Under the Endangered northern spotted owl. essential for the conservation of the Species Act, published in the Federal species. Conservation, as defined under Register on July 1, 1994 (59 FR 34271), Previous Federal Actions section 3 of the Act, means to use all and section 515 of the Treasury and A description of previous Federal methods and procedures necessary to General Government Appropriations actions up to the time of listing on June bring any endangered species or Act for Fiscal Year 2001 (Pub. L. 106– 26, 1990, can be found in the final rule threatened species to the point at which 554; H.R. 5658) and the associated listing the northern spotted owl (55 FR the measures provided pursuant to the Information Quality Guidelines issued 26114). On January 15, 1992, we Act are no longer necessary. Such by the Service, provide criteria, published the final rule designating methods and procedures include, but establish procedures, and provide critical habitat for the northern spotted are not limited to, all activities guidance to ensure that decisions made owl (57 FR 1796). In December 1992, we associated with scientific resources by the Service represent the best completed the Final Draft Recovery Plan management such as research, census, scientific data available. They require for the Northern Spotted Owl in law enforcement, habitat acquisition Service biologists, to the extent Washington, Oregon, and California and maintenance, propagation, live consistent with the Act and with the use (USDI 1992). trapping, and transplantation, and, in of the best scientific data available, to On April 21, 2003, we published a the extraordinary case where population use primary and original sources of notice of review initiating a 5-year pressures within a given ecosystem information as the basis for review of the northern spotted owl (68 cannot be otherwise relieved, may recommendations to designate critical FR 19569). We then published a second include regulated taking. habitat. When determining which areas information request for the 5-year Critical habitat receives protection are eligible for consideration as critical review on July 25, 2003 (68 FR 44093). under section 7 of the Act through the habitat, a primary source of information We contracted a comprehensive status prohibition against destruction or is generally the listing package for the review of the northern spotted owl to adverse modification of critical habitat species. Additional information sources provide the best available scientific with regard to actions carried out, include the recovery plan for the information for the 5-year review. The funded, or authorized by a Federal species, articles in peer-reviewed status review report was completed in agency. Section 7 requires consultation journals, conservation plans developed September 2004 and continues to serve on Federal actions that are likely to by States and counties, scientific status as the most current comprehensive result in effects to critical habitat. The surveys and studies, biological summary of scientific information on designation of critical habitat does not assessments, or other unpublished the northern spotted owl (Courtney et affect land ownership or establish a materials and expert opinion or al. 2004). We completed the 5-year refuge, wilderness, reserve, preserve, or personal knowledge. All information is review on November 15, 2004, other conservation area. Such used in accordance with the provisions concluding that the northern spotted designation does not allow government of section 515 of the Treasury and owl should remain listed as a threatened or public access to private lands. General Government Appropriations species under the Act. Section 7 is a purely protective measure Act for Fiscal Year 2001 (Pub. L. 106– On January 13, 2003, we entered into and does not require implementation of 554; H.R. 5658) and the associated a settlement agreement with the restoration, recovery, or enhancement Information Quality Guidelines issued American Forest Resource Council, measures. by the Service. Western Council of Industrial Workers, To be included in a critical habitat Section 4 of the Act requires that we Swanson Group Inc., and Rough & designation, the habitat within the area designate critical habitat on the basis of Ready Lumber Company to conduct a occupied by the species must first have the best scientific data available. Habitat rulemaking to consider potential features that are essential to the is often dynamic, and species may move revisions to critical habitat for the conservation of the species. Critical from one area to another over time. northern spotted owl that includes a habitat designations identify, to the Furthermore, we recognize that revised consideration of economic extent known using the best scientific designation of critical habitat may not impacts and any other relevant aspects data available, habitat areas that provide include all of the habitat areas that may of designation. The dates for completion essential life cycle needs of the species eventually be determined to be of this review have been extended and (i.e., areas on which are found the necessary for the recovery of the currently call for the Service to submit primary constituent elements, as species. For these reasons, critical a proposed revised critical habitat defined at 50 CFR 424.12(b)). habitat designations do not signal that designation to the Federal Register by Habitat occupied at the time of listing habitat outside the designation is June 1, 2007, and to submit a final may be included in critical habitat only unimportant or may not be required for revised critical habitat designation to if its essential features may require recovery. the Federal Register by June 1, 2008. special management or protection. An Areas that support populations, but area currently occupied by the species are outside the critical habitat Critical Habitat but not known to be occupied at the designation, will continue to be subject Critical habitat is defined in section 3 time of listing will likely, but not to conservation actions implemented of the Act as: (i) The specific areas always, be essential to the conservation under section 7(a)(1) of the Act and to within the geographical area occupied of the species and, therefore, typically the regulatory protections afforded by

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the section 7(a)(2) jeopardy standard, as limited to, space for individual and 375) to less than 500 ac (202 ha) in the determined on the basis of the best population growth and for normal southernmost (dusky-footed woodrat available information at the time of the behavior; food, water, air, light, prey) provinces (Pious 1995, pp. 9 to 10, action. Federally funded or permitted minerals, or other nutritional or Table 2; Zabel et al. 2003, pp. 1036 to projects affecting listed species outside physiological requirements; cover or 1038). their designated critical habitat areas shelter; sites for breeding, reproduction, Core areas contain greater proportions may still result in jeopardy findings in and rearing (or development) of of mature/old forest than random or some cases. Similarly, critical habitat offspring; and habitats that are protected non-use areas (Courtney et al. 2004, p. designations made on the basis of the from disturbance or are representative of 5–13), and the quality of habitat at the best available information at the time of the historic geographical and ecological core area scale shows the strongest designation will not control the distributions of a species. relationships with occupancy (Meyer et direction and substance of future The specific primary constituent al. 1998, p. 34; Zabel et al. 2003, pp. recovery plans, habitat conservation elements required for the northern 1027, 1036), survival (Franklin et al. plans, or other species conservation spotted owl are derived from the 2000, p. 567; Dugger et al. 2005, p. 873), planning efforts if new information biological needs of the species as and reproductive success (Ripple et al. available to these planning efforts calls described in the Background section of 1997, pp. 155 to 156; Dugger et al. 2005, for a different outcome. this proposal and the following p. 871). In some areas, edges between information. forest types within northern spotted owl Methods home ranges may provide increased Space for Population Growth and for As required by section 4(b)(2) of the prey abundance and availability Normal Behavior Act, we use the best scientific data (Franklin et al. 2000, p. 579). For available in determining areas that Northern spotted owls remain on their successful reproduction, core areas need contain the features that are essential to home range throughout the year to contain one or more forest stands that the conservation of the northern spotted therefore this area must provide all the have both the structural attributes and owl. For this critical habitat revision, we habitat components and prey needed to the location relative to other features in relied upon a variety of information provide for the survival and successful the home range that allow them to fulfill sources to identify those areas, as well reproduction of a territorial pair. The nesting, roosting, and foraging functions as to assess the habitat requirements of home range of a northern spotted owl is (Carey and Peeler 1995, pp. 233 to 236; the species, including the 2007 Draft relatively large and varies in size among Rosenberg and McKelvey 1999, pp. 1035 Recovery Plan for the Northern Spotted and within provinces, generally to 1037). Owl (USFWS 2007), the 2004 Status increasing to the north (Courtney et al. The primary function of the Review for the Northern Spotted Owl 2004, p. 5–24; 55 FR 25117) where remainder of the home range outside the (Courtney et al. 2004), the Northern home range size ranges from 2,955 ac core area is to provide subsidiary Spotted Owl 5-year Review (USFWS (1,196 ha) in the Oregon Cascades roosting and foraging opportunities for 2004), the Final Supplemental (Thomas et al. 1990, p. 194) to 14,271 the resident pair that are essential to the Environmental Impact Statement and ac (5,775 ha) on the Olympic Peninsula year-round survival of the resident pair Record of Decision for Amendments to (USDI 1992, p. 23; USFWS 1994 in litt., if they partially deplete the prey Forest Service and BLM Planning p. 1). Northern spotted owl home ranges populations in the core area. Documents within the Range of the are generally larger where northern Sites for Breeding, Reproduction, and Northern Spotted Owl (USDA and USDI flying squirrels are the predominant Rearing of Offspring (Nesting) 1994 a, b), the 1992 final critical habitat prey and smaller where woodrats are designation (57 FR 1796; January 15, the predominant prey (Zabel et al. 1995, Nesting habitat provides structural 1992), Interagency Scientific Committee p. 436). Home range size also increases features for nesting, protection from Conservation Strategy for the Northern with increasing forest fragmentation adverse weather conditions, and cover Spotted Owl (Thomas et al. 1990), and (Carey et al. 1992, p. 235; Franklin and to reduce predation risks for adults and GIS data layers, including those for Guti?rrez 2002, p. 212; Glenn et al. young. Nesting stands typically include northern spotted owl habitat, Federal 2004, p. 45) and decreasing proportions a moderate to high canopy closure (60 land use allocations, land ownership, of nesting habitat on the landscape to 80 percent); a multi-layered, multi- and northern spotted owl occupancy (Carey et al. 1992, p. 235; Forsman et al. species canopy with large (greater than data. This proposed rule only addresses 2005, p. 374), suggesting that northern 30 inches (in) (76 centimeters (cm)) revisions to the current designation. For spotted owls increase the size of their diameter at breast height (dbh)) discussion of the methods used for the home ranges to encompass adequate overstory trees; a high incidence of large existing designation, please refer to that amounts of suitable forest types trees with various deformities (e.g., large final designation (57 FR 1796; January (Forsman et al. 2005, p. 374). cavities, broken tops, mistletoe 15, 1992). Northern spotted owl home ranges infections, and other evidence of contain two distinct use areas: the core decadence); large snags; large Primary Constituent Elements area, which is the area that is used most accumulations of fallen trees and other In accordance with section 3(5)(A)(i) intensively and usually includes the woody debris on the ground; and of the Act and regulations at 50 CFR nesting area (Bingham and Noon 1997, sufficient open space below the canopy 424.12, in determining which areas to pp. 134 to 135), and the remainder of for northern spotted owls to fly (Thomas propose as critical habitat, we consider the home range which is used for et al. 1990, p. 164; 57 FR 1798). physical and biological features foraging and roosting. The size of core Recent studies found that northern (primary constituent elements, or PCEs) areas varies considerably across the spotted owl nest stands tend to have that are essential to the conservation of subspecies? geographic range following greater tree basal area, number of the species, and within the area a pattern similar to that of home range canopy layers, density of broken-top occupied by the species at the time of size (Bingham and Noon 1997, p. 133), trees, number or basal area of decadent listing, that may require special varying from over 4,057 ac (1,642 ha) in snags, and volume of decadent logs management considerations and the northernmost (flying squirrel prey) (Courtney et al. 2004, pp. 5–16 to 5–19, protection. These include, but are not provinces (Forsman et al. 2005, pp. 370, 5–23). In some forest types, northern

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spotted owls nest in younger forest Food or Other Nutritional or including Sitka spruce, western stands that contain structural Physiological Requirements (Foraging) hemlock, mixed conifer and mixed characteristics of older forests. Nesting The primary function of foraging evergreen, grand fir, Pacific silver fir, northern spotted owls consistently habitat is to provide a food supply for Douglas-fir, redwood/Douglas-fir (in occupy stands having high canopy cover survival and reproduction. Foraging coastal California and southwestern that may provide thermoregulatory activity is positively associated with Oregon), white fir, Shasta red fir, and benefits (Weathers et al. 2001, p. 686), tree height diversity (North et al. 1999, the moist end of the ponderosa pine allowing northern spotted owls a wider p. 524), canopy closure (Irwin et al. zone (Forsman et al. 1984; Franklin and range of choices for locating thermally- 2000, p. 180; Courtney et al. 2004, p. 5– Dyrness 1988; Thomas et al. 1990). Vegetative composition of northern neutral roosts near the nest site. High 15), snag volume, density of snags spotted owl habitat changes from north canopy closure may also conceal greater than 20 in (50 cm) dbh (North et to south and from west to east within northern spotted owls, reducing al. 1999, p. 524; Irwin et al. 2000, pp. the subspecies’ range. The lower potential predation. 179 to 180; Courtney et al. 2004, p. 5– elevation limit of subalpine vegetation 15), density of trees greater than or To support northern spotted owl types defines the uppermost elevation equal to 31 in (80 cm) dbh (North et al. reproduction, a home range requires used by northern spotted owls. This 1999, p. 524), volume of woody debris appropriate amounts of nesting, elevation varies with latitude from (Irwin et al. 2000, pp. 179 to 80), and roosting, and foraging habitat arrayed so about 3,000 feet (ft) (914 meters (m)) young forests with some structural that nesting pairs can use it efficiently above sea level near the northern edge and safely. In the northern parts of the characteristics of old forests (Carey et al. of the range to about 6,000 ft (1,828 m) range where nesting, roosting, and 1992, pp. 245 to 247; Irwin et al. 2000, above sea level at the southern edge foraging habitat have similar attributes, pp. 178 to 179). Northern spotted owls (Lint 2005, p. 32). nesting is generally associated with select old forests for foraging in greater Historically, forest types occupied by increasing old forest in the core area proportion than its availability at the the northern spotted owl were fairly (Swindle et al. 1999, p. 1216). In some landscape scale (Carey et al. 1992, pp. continuous, particularly in the wetter portions of the range in the south, 236 to 237; Carey and Peeler 1995, p. parts of its range in coastal northern northern spotted owl survival is 235; Forsman et al. 2005, pp. 372 to California and most of western Oregon positively associated with the area of 373), but will forage in younger stands and Washington. Suitable forest types in old forest habitat in the core, but with high prey densities and access to the drier parts of the range (interior reproductive output is positively prey (Carey et al. 1992, p. 247; northern California, interior southern associated with amount of edge between Rosenberg and Anthony 1992, p. 165; Oregon, and east of the Cascade crest in older forest and other habitat types in Thome et al. 1999, pp. 56 to 57). Oregon and Washington) occur in a the home range (Franklin et al. 2000, pp. Because northern spotted owls show mosaic pattern interspersed with 573, 579). This pattern suggests that a clear geographic pattern in diet, and infrequently used vegetation types such where dusky-footed woodrats are the different prey species prefer different as open forests, shrubby areas, and primary prey species, core areas that habitat types, prey distribution grasslands. In the Klamath Mountains have nesting habitat stands interspersed contributes to differences in northern Provinces in Oregon and California, and with varied types of foraging habitat spotted owl foraging habitat selection to a lesser extent in the Coast and may be optimal for northern spotted owl across the range. In the northern portion Cascade Provinces of California, large survival and reproduction. The of their range, northern spotted owls areas of serpentine soils exist that are appropriate amount and spatial forage heavily in older forests or forests typically not capable of supporting distribution of nesting habitat is with similar structure that support northern spotted owl habitat (Lint 2005, essential for successful reproduction of northern flying squirrels (Rosenberg and pp. 31 to 33). northern spotted owls. Anthony 1992, p. 165; Carey et al. 1992, p. 233). In the southern portion of their Conditions Supporting Non-Resident Cover or Shelter (Roosting) range, where woodrats are a major Owls component of their diet, northern Landscapes with northern spotted owl The primary functions of roosting spotted owls are more likely to use a habitat likely contain non-resident (non- habitat are to facilitate thermoregulation variety of stands, including younger breeding) northern spotted owls, in summer or winter, shelter northern stands, brushy openings in older stands, sometimes referred to as ‘‘floaters’’ spotted owls from precipitation, and and edges between forest types in (Forsman et al. 2002, pp. 15, 26). These provide cover to reduce predation risk response to higher prey density in some habitats contribute to stable or while resting or foraging. Studies of of these areas (Solis 1983, pp. 89 to 90; increasing populations of northern roosting locations found that northern Sakai and Noon 1993, pp. 376 to 378; spotted owls by maintaining sufficient spotted owls tended to use stands with Carey et al. 1999, p. 73; Sakai and Noon individuals to quickly fill territorial greater vertical canopy layering (Mills et 1997, p. 347; Franklin et al. 2000, p. vacancies when residents die or leave al. 1993, pp. 318 to 319), canopy closure 579). An adequate amount and their territories. Where large blocks of (King 1993, p. 45), snag diameter (Mills distribution of foraging habitat within habitat with multiple breeding pairs et al. 1993, pp. 318 to 319), diameter of the home range is essential to the occur, the opportunities for this large trees (Herter et al. 2002, pp. 437, survival and reproduction of northern integration are enhanced due to the 441), and amounts of large woody debris spotted owls. within-block production of potential (Chow 2001, p. 24; reviewed in replacement birds (Thomas et al. 1990, Courtney et al. 2004, pp. 5–14 to 4–16, Habitats That Are Representative of the p. 295, 307). 5–23). The characteristics of roosting Historical Geographical and Ecological Intervening habitats are important in habitat differ from those of nesting Distributions of the Northern Spotted supporting the successful dispersal of habitat only in that roosting habitat Owl northern spotted owls that is essential to need not contain the specific structural The northern spotted owl inhabits maintaining the genetic and features used for nesting (Thomas et al. most of the major types of coniferous demographic connection among 1990, p. 62). forests across its geographic range, populations both within and across

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provinces. Habitats that support 2002, p. 22). Corridors of forest through habitat, may range from over 4,057 ac movements between larger blocks fragmented landscapes serve primarily (1,642 ha) in the north (Forsman et al. providing nesting, roosting, and foraging to support relatively rapid movement 2005, pp. 369 to 370) to fewer than 500 habitats for northern spotted owls act to through such areas, rather than ac (202 ha) in the south (Pious 1995, pp. limit the adverse genetic effects of colonization. 9 to 10, Table 2; Meyer et al. 1998, p. inbreeding and provide demographic 34; Zabel et al. 2003, pp. 1036 to 1038; Primary Constituent Elements for the support to declining populations Glenn et al. 2004, p. 41). Home range Northern Spotted Owl (Thomas et al. 1990, pp. 271 to 272). sizes range from 2,955 ac (1,196 ha) in Dispersing juvenile northern spotted Under our regulations, we are the Oregon Cascades (Thomas et al. owls experience high mortality rates required to identify the known physical 1990, p. 194) to 14,271 ac (5,775 ha) on (more than 70 percent in some studies and biological features (PCEs) essential the Olympic Peninsula (USDI 1992, p. (Miller 1989, pp. 32 to 41; Franklin et to the conservation of the northern 23; USFWS 1994, in litt., p. 1). Many al. 1999, pp. 25, 28; 55 FR 26115)) from spotted owl. All areas proposed as factors may influence the size of the starvation, predation, and accidents revised critical habitat for the northern home range utilized by northern spotted (Miller 1989, pp. 41 to 44; Forsman et spotted owl are within the geographic owls, including the degree of habitat al. 2002, pp. 18 to 19). Juvenile area occupied by the species and fragmentation, proportion of available dispersal is thus a highly vulnerable life contain sufficient PCEs to support at nesting habitat, and primary prey stage for northern spotted owls, and least one life history function. Much of species. The three habitat components enhancing the survivorship of juveniles the recent research on northern spotted required within the home range of a during this period could play an owl biology supports the PCEs northern spotted owl include: important role in maintaining stable described in the previous critical habitat (a) Nesting Habitat. Habitat that populations of northern spotted owls. designation; based on our current includes a moderate to high canopy Juvenile dispersal occurs in steps knowledge, the PCEs described here are closure (60 to 80 percent); a multi- (Forsman et al. 2002, pp. 13 to 14) more detailed and specific, where layered, multi-species canopy with large between which dispersing juveniles possible. Based on our current (generally greater than 30 in (76 cm) settle into temporary home ranges for up knowledge of the life history, biology, dbh) overstory trees; a high incidence of to several months (Forsman et al. 2002, and ecology of the species and the large trees with various deformities (e.g., p. 13). During the transience requirements of the habitat to sustain large cavities, broken tops, mistletoe (movement) phase, dispersers used the essential life history functions of the infections, and other platforms); large mature and old-growth forest slightly species, we have determined that the snags; large accumulations of fallen more than its availability; during the northern spotted owl’s PCEs are: trees and other woody debris on the colonization phase, mature and old- (1) Forest types known to support the ground; and sufficient open space below growth forest was used at nearly twice northern spotted owl across its the canopy for northern spotted owls to its availability (Miller et al. 1997, p. geographic range. These forest types fly. Patches of nesting habitat, in 144). Closed pole-sapling-sawtimber include Sitka spruce, western hemlock, combination with roosting habitat (PCE habitat was used roughly in proportion mixed conifer and mixed evergreen, 2-(b)) need to be sufficiently large and to availability in both phases and may grand fir, Pacific silver fir, Douglas-fir, contiguous to maintain northern spotted represent the minimum condition for white fir, Shasta red fir, redwood/ owl core areas and home ranges, and be movement. Open sapling and clearcuts Douglas-fir (in coastal California and in a spatial arrangement with foraging were used less than expected based on southwestern Oregon), and the moist habitat (PCE 2-(c)) that allows efficient availability during colonization (Miller end of the ponderosa pine coniferous provisioning of young at the nest. et al. 1997, p. 145). forests zones at elevations up to 3,000 (b) Roosting Habitat. Roosting habitat Successful juvenile dispersal may ft (914 m) near the northern edge of the differs from nesting habitat in that it depend on locating unoccupied suitable range and up to about 6,000 ft (1,828 m) need not contain those specific habitat in close proximity to other at the southern edge. structural features used for nesting occupied sites (LaHaye et al. 2001, pp. This PCE provides the biotic (cavities, broken tops, and mistletoe 697 to 698). Natal dispersal distances, communities that are known to support platforms). As such, it generally measured from natal areas to eventual the northern spotted owl across its includes moderate to high canopy home range, tend to be larger for females geographic range. The northern spotted closure; a multi-layered, multi-species (about 15 mi (24 km)) than males (about owl and some of its primary prey canopy; large accumulations of fallen 8.5 mi (13.7 km)) (Courtney et al. 2004, species do not reproduce successfully trees and other woody debris on the p. 8–5). Approximately 68 percent of outside these biotic communities. ground; and sufficient open space below radio-marked juveniles of both sexes (2) Forest types as described in PCE the canopy for northern spotted owls to dispersed greater than 12 mi (19 km) 1 of sufficient area, quality, and fly. from their natal areas, which was also configuration, or that have the ability to (c) Foraging Habitat. Foraging habitat the average dispersal distance. develop these characteristics, to meet provides a food supply for survival and Approximately 80 percent dispersed the home range needs of territorial pairs reproduction of northern spotted owls greater than 7 mi (11 km) from their of northern spotted owls throughout the and includes a wider array of forest natal areas (Thomas et al. 1990, pp. 305 year. A home range must provide all of types than nesting and roosting habitat, to 306). Northern spotted owls regularly the habitat components and prey particularly more open and fragmented disperse through highly fragmented needed to provide for the survival and forests. While some foraging habitat has forested landscapes that are typical of successful reproduction of a resident attributes that closely resemble those of the mountain ranges in western breeding pair of northern spotted owls. nesting and roosting habitat, especially Washington and Oregon (Forsman et al. As detailed earlier, home range and core in the northern portions of the 2002, p. 22), and have dispersed from area sizes vary widely both within and subspecies’ range, some younger stands the Coastal Mountains to the Cascades among physiographic provinces across without all these attributes are used for Mountains in the broad forested regions the range of the northern spotted owl foraging, especially in the southern between the Willamette, Umpqua, and (Courtney et al. 2004, p. 5–24). Core portion of the range. Some younger Rogue Valleys of Oregon (Forsman et al. areas, which usually include the nesting stands may have high prey abundance

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and some structural attributes similar to and 2-(c), although it may be in smaller areas outside the geographical area those of older forests, such as moderate amounts than that needed to support presently occupied by the species since tree density, subcanopy perches at nesting pairs (PCE 2-(a)). Dispersal the species currently occurs throughout multiple levels, multi-layered habitats will typically occur in the its historical range, albeit in very low vegetation, or residual older trees. To be intervening areas between larger blocks numbers in some areas. fully functional for northern spotted of forest that provide nesting, foraging, We used the following criteria to owls, foraging habitat generally contains and roosting habitats for resident select specific areas as revised critical some roosting habitat attributes. northern spotted owls, and are essential habitat: This PCE includes all three habitat in providing for successful movement of (1) Focus on Federal Lands. The types (nesting, roosting, and foraging) both juveniles and adults between these foundation of the current recovery and provides the forest structural blocks. strategy, as set forth in the 2007 Draft characteristics needed for successful This PCE describes the features of Recovery Plan for the Northern Spotted nesting, reproduction, and survival of habitats that allow for the successful Owl (USFWS 2007), is a network of owl northern spotted owls on their home dispersal of northern spotted owls conservation areas (i.e., habitat blocks) ranges. These are primarily between habitat blocks to maintain located on Federal lands. Therefore, we characteristics of old and mature forests, genetic variability and promote stable or considered only Federal lands to be or younger forests with some structural increasing populations across the essential to the conservation of the and microclimatic characteristics of subspecies’ range, including habitat northern spotted owl for the purposes of mature forests. These forests provide the supporting safe movement, foraging, designating critical habitat. Wilderness specific structures required for nesting; and roosting. As dispersing northern Areas, National Parks and many other shelter from adverse weather spotted owls, particularly juveniles, lands under various Federal land use conditions; cover that reduces predation experience high levels of mortality, the allocations contribute to the risk while nesting, after young fledge, provision of adequate habitat to provide conservation of the northern spotted and while roosting; and microclimatic for successful dispersal is essential to owl, but the majority of management for conditions that enhance the conservation of the species. northern spotted owls on Federal lands thermoregulation. This PCE also This proposed revised designation is in Washington, Oregon, and California provides the forest structure necessary designed for the conservation of PCEs is largely accomplished through the to provide accessible prey for the necessary to support the life history Forest Service’s LRMPs and the BLM’s survival and reproduction of northern functions that are the basis for the RMPs, as amended by the Record of spotted owls on their home ranges. This proposal. Because not all life history Decision for Amendments to Forest habitat supports the abundance, functions require all the PCEs, not all Service and BLM Planning Documents diversity, and availability of prey proposed revised critical habitat will within the Range of the Northern necessary for feeding both adults and contain all the PCEs. Spotted Owl (USDA and USDI 1994a, young. Units are proposed for designation b). (3) Dispersal habitat. The successful based on sufficient PCEs being present We are not proposing to modify the dispersal of northern spotted owls to support one or more of the species’ decision made in our 1992 designation between habitat blocks is required to life history functions. Some units that Wilderness Areas and National maintain stable populations and provide contain all PCEs and support multiple Parks do not meet the statutory for adequate gene flow across the range life processes, while some units contain definition of critical habitat under of the species. The dispersal of juveniles only a portion of the PCEs necessary to section 3(5)(A) of the Act, therefore requires habitat supporting both the support the species’ particular use of these areas are not proposed as critical transience and colonization phases. that habitat. habitat here. Due to data and time constraints, some of the mapped critical Habitat supporting the transience phase Criteria Used To Identify Critical habitat units in California include of dispersal includes, at a minimum, Habitat stands with adequate tree size and newly designated Wilderness Areas (PL canopy closure to provide protection As required by section 4(b)(1)(A) of 109–362, October 17, 2006). However, from avian predators and at least the Act, we used the best scientific data all critical habitat units in California minimal foraging opportunities. This available in determining areas that will be adjusted to be consistent with may include younger and less diverse contain the features that are essential to our approach to Wilderness Areas in forest stands than foraging habitat, such the conservation of the northern spotted Oregon and Washington and will be as even-aged, pole-sized stands. These owl. This proposed revision to critical removed from the final critical habitat stands still require the interspersion of habitat relies upon on the biology and designation. some roosting structures and foraging information discussed in the final rule In some areas of limited Federal habitat to allow for temporary resting designating the current critical habitat ownership, private and State lands may and feeding during the movement for northern spotted owl (57 FR 1796; help to expedite the recovery of the phase. Settling of juveniles may be January 15, 1992), the Record of northern spotted owl by providing temporary (a few months) or extended Decision for Amendments to Forest demographic support and connectivity (colonization). Small openings in forest Service and BLM Planning Documents to facilitate dispersal among habitat habitat do not appear to hinder the within the Range of the Northern blocks. These voluntary habitat dispersal of northern spotted owls (they Spotted Owl (USDA and USDI 1994b), contributions are expected to increase are known to disperse through highly and the 2007 Draft Recovery Plan for the the likelihood that northern spotted owl fragmented forests), but large, non- Northern Spotted Owl (USFWS 2007). recovery will be achieved, shorten the forested valleys, such as the Willamette These planning efforts were based on time needed to achieve recovery, and Valley apparently serve as barriers to creating and managing large blocks of reduce management risks associated both natal and breeding dispersal northern spotted owl habitat to support with the recovery strategy and recovery (Forsman et al. 2002, p. 22). Habitat local populations spaced in a manner actions. Consistent with the 1992 supporting colonization is generally that allows for the successful movement designation, we did not include non- equivalent to roosting and foraging of dispersing individuals between these Federal lands in the proposed revised habitat and is described in PCEs 2-(b) blocks. We do not propose to designate designation of critical habitat.

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(2) Lands Supporting the Primary (5) Dispersal Distance Between scientific validity of this conservation Constituent Elements. We selected only Blocks. As described in the 2007 Draft strategy. BLM lands in the range of the lands that contain one or more of the Recovery Plan, the success of the northern spotted owl in California were PCEs described above, using Federal conservation strategy for the northern mapped based on Managed Owl agency maps of nesting, roosting, or spotted owl depends on the relatively Conservation Areas identified in the foraging habitat for northern spotted frequent dispersal of individuals 2007 Draft Recovery Plan, similar to that owls. Dispersal habitats were identified between large habitat blocks; therefore applied on Forest Service lands as necessary to meet the requisite the blocks must be separated by throughout the range of the northern spacing between habitat blocks to allow distances within the known dispersal spotted owl. for the successful dispersal of northern distance of juveniles (Thomas et al. When determining proposed revised spotted owls, as identified in the 2007 1990, p. 307). Based on the observed critical habitat boundaries, we made Draft Recovery Plan. dispersal distances of juveniles, the every effort to avoid including (3) Occupied Habitat. Consistent with maximum allowable distance between developed areas such as buildings, the 1992 designation, we included only the nearest points of contact of paved areas, and other structures that lands within the geographical area neighboring large habitat blocks is 12 mi lack PCEs for the northern spotted owl. occupied by the species in the revised (19 km) (Thomas et al. 1990, p. 307, The scale of the maps prepared under designation since the most recent Table P1). To provide an additional the parameters for publication within assessments do not indicate that any measure of successful dispersal security the Code of Federal Regulations may not presently unoccupied habitat is for the smaller blocks, a shorter distance reflect the exclusion of such developed essential to the conservation of the of 7 mi (11 km) (Thomas et al. 1990, p. areas. Any such structures and the land species (Courtney et al. 2004, USFWS 308) was used. Current available under them left inside revised critical 2007). scientific information continues to habitat boundaries shown on the maps (4) Large and Small Habitat Blocks. support the principles applied by the of this proposed rule have been We relied on the 2007 Draft Recovery ISC (Courtney et al. 2004). excluded by text in the proposed rule Plan recommendations regarding (6) Habitats Representative of the and are not proposed for designation as contiguity, habitat quality, spacing, and Historical Geographical and Ecological critical habitat. Therefore, Federal distribution within the range of the Distribution of the Northern Spotted actions limited to these areas would not northern spotted owl to select large Owl. Habitats that are representative of trigger section 7 consultation, unless contiguous blocks of quality habitat, the historic geographical and ecological they affect the species or primary where possible, for critical habitat units distributions of the northern spotted constituent elements in adjacent critical (USFWS 2007). The 2007 Draft Recovery owl are more likely to sustain the habitat. Plan recommends that habitat blocks species over time. The northern spotted We are proposing to designate revised need to be large enough to support owl has historically occupied a wide critical habitat within the geographical clusters of at least 20 pairs of northern range of forested habitat types across the area occupied by the northern spotted spotted owls, where possible. The size various physiographic provinces within owl, and in areas that contain sufficient of such blocks was derived from its range. Therefore, this revision primary constituent elements to support empirical data and modeling results proposes to define critical habitat units life history functions essential for the concluding that clusters of northern distributed at appropriate dispersal conservation of the species. spotted owls approximating 20 pairs distances throughout the range of the Critical habitat units are proposed for should be stable over the long term, northern spotted owl in order to revised designation based on sufficient given the rate of juvenile dispersal conserve and maintain the variation PCEs being present to support northern between clusters (Thomas et al. 1990, p. represented by these provincial spotted owl life processes. Some units 24 and Appendix O). The size of such populations rangewide. contain all PCEs and support multiple large blocks will vary based on the We worked closely with the BLM and life processes. Some units contain only provincial home range size (see PCE 2). Forest Service to identify blocks of a portion of the PCEs necessary to In some areas, existing conditions habitat within their management support the northern spotted owl’s precluded designation of relatively large jurisdiction that would meet all of the particular use of that habitat. habitat blocks, and some smaller blocks criteria specified above. As a result of are proposed for designation to provide this coordination, we are proposing that Special Management Considerations or habitat for fewer than 20 northern the Managed Owl Conservation Areas as Protections spotted owl pairs. These blocks were defined in Option 1 of the 2007 Draft When designating critical habitat, we delineated to accommodate juvenile Recovery Plan for the Northern Spotted assess whether the areas determined to dispersal distance and to provide Owl (USFWS 2007, p. 140) constitute be occupied at the time of listing and options for resident northern spotted the critical habitat units on Forest contain the primary constituent owls. In some cases they may provide Service lands. On BLM lands in Oregon, elements may require special ‘‘stepping stones’’ where northern we are proposing the location of critical management considerations or spotted owls dispersing from one large habitat units consistent with Option 2 of protections. The primary threats to the block may settle, produce young, and the 2007 Draft Recovery Plan for the northern spotted owl include those young may then disperse to Northern Spotted Owl which employs a competition with barred owls and the another large block, thereby facilitating habitat selection rule-set to define areas loss, degradation, and fragmentation of genetic transfer between more distant needed for long-term conservation habitat. large habitat blocks. The smaller blocks (USFWS 2007, p. 158). These mapping The 2007 Draft Recovery Plan for the are intended to assist the populations in strategies are based on the Interagency Northern Spotted Owl (Plan) identifies these areas by reducing the potential for Scientific Committee’s report ‘‘A competition from the barred owl as one local extinction and supporting the Conservation Strategy for the Northern of the most significant threats currently adjacent larger blocks thereby providing Spotted Owl’’ (Thomas et al. 1990). The facing the northern spotted owl (USFWS an interacting network of northern 2004 Scientific Evaluation of the Status 2007). The Plan expresses the need for spotted owl populations (Thomas et al. of the Northern Spotted Owl (Courtney urgency in addressing the barred owl 1990, pp. 285, 320). et al. 2004) confirmed the continuing threat, and actions associated with

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addressing the barred owl threat were Timber management within critical areas by management that maintains the only actions to be given recovery habitat units should maintain or large, contiguous blocks of older forest. priority number 1, meaning the action enhance the individual habitat The loss of large areas of habitat may ‘‘must be taken to prevent extinction or components important to nesting, lead to reduced dispersal capability or, prevent the species from declining roosting, foraging, and dispersal, as well in the worst case, barriers to dispersal, irreversibly in the foreseeable future.’’ as provide adequate amounts and which in turn can result in small, For at least the past 50 years the juxtapositions of nesting, roosting, isolated subpopulations. Recent studies barred owl has been expanding its range foraging, and dispersal habitat. In show no indication of reduced genetic from eastern North America across general, timber management in critical variation in Washington, Oregon, or Canada, and into the northern Rockies habitat units should seek to maintain or California (Barrowclough et al. 1999, and Pacific States where it has invaded enhance the characteristics of older pp. 927 to 928; Courtney et al. 2004, p. the range of the northern spotted owl forest, and provide large blocks of older 11–9; Haig et al. 2004a, p. 683), (Courtney et al. 2004, p. 7–3). Being forest and associated interior forest although Henke et al. (2005 pp. i, 14) larger and more aggressive, barred owls conditions. In southern portions of the found ‘‘especially low’’ genetic diversity may compete for habitat, nest sites, and range, harvest plans should carefully in northern spotted owls. Any isolation prey (Courtney et al. 2004, p. 7–3), may consider the mix of prey production problems that northern spotted owls are hybridize with northern spotted owls, habitat, interior old forest, and the edges experiencing today may not be evident and may occasionally prey on northern between them (Courtney et al. 2004, p. in the genetic record for some time. spotted owls (Leskiw and Gutie´rrez 5–23). Any timber management Areas of concern for isolation include 1998, p. 226). Given the experimental intended to maintain or enhance the northern spotted owl’s range in nature of direct removal as a technique northern spotted owl habitat must take Canada, the Olympic Peninsula in for barred owl control and the absence into account regional variation in Washington, and Marin County in of any known habitat-based approach habitat use and associations across the California (Courtney et al. 2004, p. 8– that has successfully favored northern range. 24). Because dispersal is an essential spotted owls, special management Habitat losses due to increased function for northern spotted owls, considerations for barred owls will need wildfire intensity and size may be due fragmentation between local to be developed. Since barred owls can to excessive fuel buildup resulting from populations can have negative effects. apparently utilize all habitats known to many decades of fire suppression. We considered the distances between critical habitat units and northern be used by northern spotted owls, even Northern spotted owl habitat is spotted owl dispersal ecology during if those areas are managed for the particularly vulnerable in some drier proposed revised critical habitat unit structural features preferred by northern eastside forests such as those in the selection. Special management is spotted owls, if they are colonized by Eastern Washington Cascades and the required to assure that the barred owls the value of those areas to Eastern and Southern Oregon Cascades, recommended maximum dispersal northern spotted owls will be reduced as well as other provinces such as the distances between blocks of habitat for or even eliminated. Klamath Mountains. In these provinces, northern spotted owls are not exceeded. The loss, degradation, and recent fire losses have been higher than fragmentation of habitat for the northern the range of historical variability Summary of Changes From Previously spotted owl occur primarily as a result (Courtney et al. 2004, p. 6–32). Fuels Designated Critical Habitat of timber harvest or natural disturbances reduction treatments, such as clearing In 1992, we designated 6,887,000 ac such as fire and wind storms (55 FR vegetation, thinning, or prescribed fire, (2,787,070 ha) of Federal lands as 26177; June 26, 1990). Northern spotted can themselves result in the loss, critical habitat for the northern spotted owls disproportionately use older degradation, and fragmentation of owl (57 FR 1796; January 15, 1992). In forests that are typically characterized northern spotted owl habitat. Thus, this revision, we are proposing that a by large-diameter trees, multiple canopy special management is necessary total of 5,337,839 ac (2,160,194 ha) be layers, high levels of standing and down relative to fire management. Fire designated as critical habitat for the woody material, and generally complex suppression will likely occur within northern spotted owl. We have structure. All of these habitat critical habitat units, and fuel proposed the revised designation of components can be lost as a treatments should balance the short- critical habitat for the northern spotted consequence of timber harvest, fire, or term impacts of fire hazard reduction owl to be consistent with the most other stochastic events. projects with the long-term risk of current assessment of the conservation Timber harvest has contributed catastrophic loss of northern spotted needs of the species, as described in the significantly to habitat loss, degradation, owl habitat (Courtney et al. 2004, p. 6– 2007 Draft Recovery Plan for the and fragmentation for the northern 28). Northern Spotted Owl (USFWS 2007). spotted owl, and was the basis for the Other stochastic events can contribute Although the recovery plan for the original listing of the species (55 FR to loss, degradation, and fragmentation northern spotted owl has not yet been 26114; June 26, 1990). As a result of the of northern spotted owl habitat. Some finalized, it nonetheless represents the listing, and the implementation of the areas within the range of the northern most current conservation guidance for LRMPs/RMPs as amended by the Record spotted owl have already been the species, therefore we looked to the of Decision for Amendments to Forest negatively impacted by these factors, recommendations of the 2007 draft Service and BLM Planning Documents including the east Cascades provinces recovery plan to inform this proposed within the Range of the Northern (wildfire), eastern Washington Cascades revised designation of critical habitat. Spotted Owl (USDA and USDI 1994b), (insects), southern Oregon (wildfire), Of the proposed designation, 4,468,200 the threat posed by timber harvest on and eastern Oregon Cascades (insects, ac (1,808,256 ha) are the same as in the Federal lands has been greatly reduced disease, wildfire) (Courtney et al. 2004, 1992 designation. Of the current since 1994. While reduced as a threat, p. 6–25). Forest managers have no proposed designation, 869,639 ac timber harvest clearly has the potential control over weather events, but some (351,938 ha) are lands that were not to remove, degrade, or fragment factors, such as blowdown or formerly designated, and 2,399,490 ac northern spotted owl habitat. windthrows, can be minimized in some (971,060 ha) of lands that were included

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in the former designation are not efficiency of the network of habitat examined and MOCAs were delineated proposed here, for reasons detailed blocks by making use of existing land using the following principles: below. use allocations that benefit the (1) The original DCA was retained The new delineation of areas conservation of the northern spotted with no boundary change under one of determined to be essential for the owl (for example, LSRs that are the following conditions—(a) The conservation of the northern spotted managed for late-successional forest original DCA boundary fell completely owl was based, in part, on an improved species or other Federal lands that are within a LRMP reserve and no revision understanding of the limits of habitat administratively withdrawn from of the DCA adjustment of the boundary usage by northern spotted owls regularly scheduled timber harvest). was needed; or (b) The original DCA combined with refinements in mapping Because the land use management plans boundary did not fall completely within technology. Using rangewide elevation of the Forest Service and BLM are a LRMP reserve, but there was no need isopleths (based on a linear regression designed and implemented, in part, to to change the boundary to move all or representing the elevation of 99 percent provide for the conservation of the a portion of the DCA into the reserve. of the known owl-pair activity centers northern spotted owl on Federal lands (2) The original DCA was retained and latitude) and geologic maps of (USDA and USDI 1994b), the 2007 Draft with a boundary change under one of serpentine soil distribution (forests on Recovery Plan looks specifically to the following conditions—(a) The DCA such soils do not attain the requisite tree lands within the Federal management boundary fell completely within a size and canopy closure), Davis and Lint plan reserves for the habitat-capable LRMP reserve and a boundary (2005, pp. 30–32) identified ‘‘habitat- acres needed to support the recovery adjustment was made to match all or a capable’’ areas on Federal lands within objectives. This strategy accounts for portion of the original DCA boundary the range of the northern spotted owls. many of the changes in the proposed with the boundary of the reserve; (b) These are lands that currently provide critical habitat, since the location of The DCA boundary fell completely nesting, roosting, and foraging habitat conservation areas for northern spotted within a LRMP reserve and a boundary for northern spotted owls, or that have owls may have shifted to take advantage adjustment was made to include better the biological capacity to do so under of various land use allocations, and habitat conditions within the new appropriate management, and that some land use allocations, such as LSRs, MOCA boundary; (c) All or a portion of therefore have the ability to provide the did not come about until after the the DCA was outside a LRMP reserve PCEs for the northern spotted owls. The development of the DCAs and the and the DCA was moved to match the modeling of habitat-capable lands also original critical habitat designation for reserve as much as possible, resulting in took into account spotted owl presence the northern spotted owl, under the fewer acres of non-reserve land in the location data, based on surveys and Record of Decision for Amendments to DCA; (d) All or a portion of the DCA was outside a LRMP reserve and the demographic monitoring (Davis and Forest Service and BLM Planning DCA was moved to match the reserve as Lint 2005, p. 26). The improved Documents within the Range of the much as possible, resulting in no change modeling and mapping of lands that are Northern Spotted Owl (USDA and USDI to the acres of non-reserve land in the habitat-capable with regard to northern 1994b). (As noted earlier, LSRs were not DCA; or (e) Non-Federal lands within spotted owls allowed for the refined designated solely to meet the needs of the DCA boundary were removed or definition of owl conservation areas, as the northern spotted owl, but may redesignated as a conservation support presented in the 2007 Draft Recovery include areas designated for other late- area (CSA). Conservation support areas Plan, which in turn served as the basis successional forest species. Therefore for this critical habitat proposal. are lands between or adjacent to MOCAs not all LSRs are necessarily identified as Option 1 of the 2007 Draft Recovery where habitat contributions by private, conservation areas for northern spotted Plan for the Northern Spotted Owl State, and Federal lands are expected to (USFWS 2007) identifies specific owl owls). The placement of conservation increase the likelihood of northern conservation areas based on a areas in the 2007 Draft Recovery Plan spotted owl recovery. modification of the DCAs identified in are also designed to take advantage of (3) The original DCA was dropped the 1992 Final Draft Recovery Plan for contiguous areas of designated under one of the following conditions— the Northern Spotted Owl (USDI 1992), Wilderness or National Park lands, (a) The original DCA was not needed to which were based on the habitat which provide large areas of additional satisfy the maximum spacing of 12 conservation areas (HCAs) first defined habitat under management consistent miles (closest edge to closest edge) by the ISC (Thomas et al. 1990). The with the objectives of the recovery plan. between category 1 DCAs and 7 miles DCAs were chosen as the starting point Maps showing the difference between between category 2 DCAs (Thomas et al. for the delineation of the managed the 1992 designation and the 2007 1990); (b) The original DCA was not conservation areas (MOCAs) in the 2007 proposed revised designation of critical needed to provide for a cluster of Draft Recovery Plan because they habitat are provided by physiographic reproducing owls; or (c) The DCA was represent the best scientific delineation province (Maps 1 through 11), and a redesignated as a CSA. In most cases, of areas needed specifically for the table is provided that details the acreage the redesignation of DCAs to CSAs was conservation of the northern spotted differences by province (Table 1). A intended to acknowledge the owl. Option 2 of the 2007 Draft map of the Willamette Valley province demonstrated contributions to northern Recovery Plan presents a habitat rule-set is not included, since no critical habitat spotted owl recovery made by State or for defining alternative conservation is currently designated within that private management on intervening areas designed to provide a network of province and revised critical habitat is lands. habitat blocks to support clusters of similarly not proposed within that In Oregon, the location of critical reproducing northern spotted owls and province. On all Forest Service lands habitat units on BLM lands is based on allow for dispersal between blocks and and on BLM lands in California, the the habitat rule-set presented under provinces, and is also based on the proposed revised critical habitat is Option 2 of the Draft Recovery Plan conservation strategy set forth by the consistent with the MOCAs identified (USFWS 2007, pp. 65–66). The rule set ISC (Thomas et al. 1990). under Option 1 in the 2007 Draft is intended to create a network of The strategy of the 2007 Draft Recovery Plan (USFWS 2007, pp. 140– habitat blocks to support clusters of Recovery Plan attempts to maximize the 155). The almost 200 DCAs were reproducing northern spotted owls, and

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are tied directly to the recovery criteria blocks, and at least one of the other conservation areas (USFWS 2007), in identified in the 2007 Draft Recovery three blocks is a large habitat block. combination with the application of the Plan. For the physiographic provinces This is to assure distribution of the rule set defining habitat block size and in Oregon, the rule set provided for the habitat block network across the range distance (Thomas et al. 1990) and the following: of the spotted owl. The ability to create refined modeling of habitat-capable (1) Large habitat blocks, designed to large habitat blocks in these excepted lands (Davis and Lint 2005). The support 20 pairs of spotted owls, no areas is restricted given the limited reduction in number of critical habitat farther apart than 12 miles from their amount of available Federal lands. units is a reflection, in part, of our nearest large-block neighbor at their (6) Where there are two adjoining decision to aggregate multiple blocks nearest points. provinces, establish two habitat blocks, into single units (Table 3). The current (2) Small habitat blocks, designed to which meet the prescribed distance designation includes 190 critical habitat support 1–19 pairs, no farther than 7 limits from each other, and at least one units; the proposed revision includes 29 miles from their nearest neighbor at of the two habitat blocks is a large block. critical habitat units. As an example of Strive for multiple connections between their nearest points. Smaller habitat how blocks were consolidated, in the adjacent provinces. This is to provide blocks are closer to other habitat blocks current proposal the Olympic Peninsula for spotted owl movement between to increase the likelihood that Unit (Unit 1) includes 10 of the units dispersing spotted owls find the smaller provinces, facilitating demographic under the current designation (Units 43 blocks. interaction and genetic interchange (3) A large habitat block was among provinces. through 52). As provided in the unit established whenever possible, when One example of a change resulting descriptions, each of the critical habitat the geographic vicinity for adding a from the recommendations of the 2007 units may include several large and habitat block to the network was met Draft Recovery Plan is that we are not small habitat blocks. using the spacing criteria above. If proposing any critical habitat within the Finally, in this proposed rule we adding a large habitat block was not Western Washington Lowlands provide a more detailed and specific possible, a small habitat block was physiographic province. The 2007 Draft characterization of the PCEs for the established with as large a carrying Recovery Plan for the Northern Spotted northern spotted owl. Although capacity as the available habitat-capable Owl no longer considers the described in more detail in the acres and spacing requirements allow. management of forest habitat on Fort preamble, the actual rulemaking section (4) Block-spacing as described above Lewis in Washington as a necessary of the 1992 designation described the was the primary factor in determining component of northern spotted owl PCEs only as ‘‘forested areas that are the geographic vicinity for location of a recovery, since no northern spotted used or potentially used by northern given block in the network. Once in the owls are known to occur there. Thus the spotted owl for nesting, roosting, vicinity of where a block was located, 60,506 ac (24,486 ha) of critical habitat foraging, or dispersing’’ (57 FR 1838; the specific locations of individual designated on Fort Lewis in 1992 are January 15, 1992). Research since the habitat blocks followed these prioritized not included in this revision. Since Fort 1992 designation of critical habitat has rules: Lewis is the only critical habitat largely confirmed our understanding of a. Include habitat-capable acres that currently designated within the Western the PCEs as presented in the discussion occur within Congressionally Reserved Washington Lowlands, this change section of that final rule (Courtney et al. Areas or Administratively Withdrawn results in no critical habitat within that 2004), but this revision seeks to Areas (e.g., designated Wilderness province under this proposal. incorporate the specific description of In sum, although the overarching Areas, National Parks, Natural Areas), if those PCEs, as described earlier in the biological objectives of achieving the present; and Primary Constituent Elements section of recovery of the northern spotted owl b. The habitat blocks are compact (i.e., this document, into the Proposed remain the same, the 2007 Draft have the smallest perimeter) and Regulation Promulgation Section of the Recovery Plan proposes an alternative contiguous as the pattern of habitat- rule. For example, the proposed rule configuration of habitat blocks intended capable acres in the vicinity allows, describing the PCEs now includes a list to be a more efficient strategy for given Rule 3(a); and of the specific forest types used by c. Include as many as possible acres attaining those objectives, which is northern spotted owls, as well as a of currently suitable habitat in Federal reflected in the revised critical habitat description of the particular habitat lands and as many known locations of designation proposed here. The number, components (tree size, canopy closure, spotted owls as possible, given Rule size, and configuration of critical habitat nest platforms, etc.) used by northern 3(a). units has thus changed, based on the (5) At least 60% of the large and small recommendations of the 2007 Draft spotted owls for nesting, roosting, habitat blocks are within the distance Recovery Plan for the Northern Spotted foraging, and dispersal. limits of at least three other habitat Owl with regard to the placement of BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C physiographic province and State. ‘‘2007 only.’’ All acreages are Areas of overlap (1992 and 2007) and Those areas designated in 1992 that are approximate. Note that the acreage differences between the current (1992) not included in the proposed revision totals for the 1992 designation do not designation of critical habitat for the are labeled as ‘‘1992 only,’’ and those precisely match those originally northern spotted owl and the proposed areas in the proposed revision that are published (57 FR 1809; January 15, revised designation (2007) by not currently designated are labeled as 1992). This discrepancy is due to the

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increased accuracy of data coverages congressionally reserved lands since reported in 1992 were rounded to the and mapping capabilities since 1992, 1992, and the fact that the acreages nearest 1,000 acres. some changes in acreage of

TABLE 1.

Critical habitat State Physiographic province designation Acres Hectares

Washington ...... Eastern Washington Cascades ...... 1992 and 2007 ..... 468,624 189,650 1992 only ...... 210,992 85,387 2007 only ...... 111,857 45,268 1992 total ...... 679,616 275,037 2007 total ...... 580,481 234,917 Olympic Peninsula ...... 1992 and 2007 ..... 319,810 129,425 1992 only ...... 65,007 26,308 2007 only ...... 11,933 4,829 1992 total ...... 384,817 155,733 2007 total ...... 331,742 134,254 Western Washington Cascades ...... 1992 and 2007 ..... 796,984 322,535 1992 only ...... 260,875 105,575 2007 only ...... 120,972 48,957 1992 total ...... 1,057,859 428,110 2007 total ...... 917,956 371,492 Western Washington Lowlands ...... 1992 and 2007 ..... 0 0 1992 only ...... 60,503 24,485 2007 only ...... 0 0 1992 total ...... 60,503 24,485 2007 total ...... 0 0 Washington Total ...... 1992 ...... 2,182,796 883,365 2007 ...... 1,830,179 740,663 Oregon ...... Eastern Oregon Cascades ...... 1992 and 2007 ..... 159,887 64,706 1992 only ...... 117,346 47,489 2007 only ...... 66,288 26,826 1992 total ...... 277,233 112,195 2007 total ...... 226,176 91,532 Western Oregon Cascades ...... 1992 and 2007 ..... 733,006 296,644 1992 only ...... 864,942 350,037 2007 only ...... 217,590 88,057 1992 total ...... 1,597,949 646,681 2007 total ...... 950,596 384,701 Oregon Coast Ranges ...... 1992 and 2007 ..... 538,477 217,919 1992 only ...... 248,126 100,415 2007 only ...... 50,478 20,428 1992 total ...... 786,604 318,334 2007 total ...... 588,956 238,347 Oregon Klamath ...... 1992 and 2007 ..... 350,098 141,683 1992 only ...... 278,295 112,624 2007 only ...... 94,253 38,144 1992 total ...... 628,392 254,307 2007 total ...... 444,350 179,826 Oregon Total ...... 1992 ...... 3,290,178 1,331,517 2007 ...... 2,210,078 894,406 California ...... California Cascades ...... 1992 and 2007 ..... 190,986 77,291 1992 only ...... 87,649 35,471 2007 only ...... 44,484 18,003 1992 total ...... 278,635 112,762 2007 total ...... 235,470 95,293 California Coast Ranges ...... 1992 and 2007 ..... 95,883 38,803 1992 only ...... 4,026 1,629 2007 only ...... 35,983 14,562 1992 total ...... 99,909 40,433 2007 total ...... 131,866 53,365 California Klamath ...... 1992 and 2007 ..... 814,444 329,601 1992 only ...... 201,727 81,638 2007 only ...... 115,802 46,864 1992 total ...... 1,016,172 411,239 2007 total ...... 930,246 376,465 California Total ...... 1992 ...... 1,394,716 564,434 2007 ...... 1,297,582 525,124

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TABLE 1.—Continued

Critical habitat State Physiographic province designation Acres Hectares

Total ...... 1992 and 2007 ..... 4,468,200 1,808,256 1992 only ...... 2,399,490 971,060 2007 only ...... 869,639 351,938 1992 total ...... 6,867,690 2,779,316 2007 total ...... 5,337,839 2,160,194

Proposed Revised Critical Habitat TABLE 2.—AREAS DETERMINED TO TABLE 2.—AREAS DETERMINED TO Designation MEET THE DEFINITION OF CRITICAL MEET THE DEFINITION OF CRITICAL HABITAT FOR THE NORTHERN SPOT- HABITAT FOR THE NORTHERN SPOT- The proposed revised critical habitat areas described below constitute our TED OWL TED OWL—Continued best assessment currently of areas Proposed revised critical Proposed revised critical within the geographic area occupied by habitat State habitat the species that contain the primary State constituent elements and may require Acres Hectares Acres Hectares special management. Table 2 below Washington ...... 1,830,179 740,650 Total ...... 5,337,839 2,160,155 provides the approximate area (ac/ha) Oregon ...... 2,210,078 894,390 determined to meet the definition of California ...... 1,297,582 525,115 The approximate area encompassed critical habitat for the northern spotted within each revised critical habitat unit owl by State. is shown in Table 3.

TABLE 3.—REVISED CRITICAL HABITAT UNITS PROPOSED FOR THE NORTHERN SPOTTED OWL

Critical habitat unit by state Forest service BLM

Washington: Unit 1—Olympic Peninsula ...... 331,742 ac (134,251 ha) ...... 0. Unit 2—Northwest Washington Cascades ...... 410,872 ac (166,274 ha) ...... 0. Unit 3—Okanogan ...... 115,638 ac (46,797 ha) ...... 0. Unit 4—Entiat ...... 304,817 ac (123,355 ha) ...... 0. Unit 5—Southwest Washington Cascades ...... 523,710 ac (211,938 ha) ...... 0. Unit 6—Southeast Washington Cascades ...... 143,400 ac (58,031 ha) ...... 0. Oregon: Unit 7—Northern Oregon Coast Ranges ...... 187,562 ac (75,904 ha) ...... 133,858 ac (54,170 ha). Unit 8—Southern Oregon Coast Ranges ...... 67,751 ac (27,418 ha) ...... 136,525 ac (55,250 ha). Unit 9—Western Oregon Cascades North ...... 334,738 ac (135,464 ha) ...... 0. Unit 10—Hood River ...... 42,683 ac (17,273 ha) ...... 0. Unit 11—Eastern Oregon Cascades ...... 106,665 ac (43,166 ha) ...... 0. Unit 12—Western Oregon Cascades South ...... 448,324 ac (181,430 ha) ...... 79 ac (32 ha). Unit 13—Willamette/North Umpqua ...... 0 ...... 119,638 ac (48,416 ha). Unit 14—Rogue-Umpqua ...... 13,147 ac (5,320 ha) ...... 152,357 ac (61,657 ha). Oregon and California: Unit 15—Oregon Klamath Mountains ...... 194,745 ac (78,810 ha) ...... 466 ac (188 ha). Unit 16—Klamath Intra-Province ...... 57,977 ac (23,462 ha) ...... 38,595 ac (15,619 ha). Unit 17—Southern Cascades ...... 191,612 ac (77,543 ha) ...... 34,818 ac (14,090 ha). Unit 25—Scott and Salmon Mountains ...... 242,450 ac (98,116 ha) ...... 0. California: Unit 18—Coastal Redwoods ...... 6,937 ac (2,807 ha) ...... 0. Unit 19—Coastal Humboldt ...... 0 ...... 49,308 ac (19,954 ha). Unit 20—King Range ...... 0 ...... 40,308 ac (16,312 ha). Unit 21—South Fork Mountain Divide ...... 141,054 ac (57,082 ha) ...... 4,126 ac (1,670 ha). Unit 22—Eel-Russian River ...... 0 ...... 21,940 ac (8,879 ha). Unit 23—Mendocino Coast Ranges ...... 215,105 ac (87,050 ha) ...... 0. Unit 24—Western Klamath/Siskiyou Mountains ...... 236,460 ac (95,692 ha) ...... 3,670 ac (1,485 ha). Unit 26—Trinity Divide ...... 13,870 ac (5,613 ha) ...... 0. Unit 27—Shasta-Trinity Lakes ...... 85,730 ac (34,694 ha) ...... 1,090 ac (441 ha). Unit 28—Eastern Klamath Mountains ...... 110,756 ac (44,821 ha) ...... 0. Unit 29—Shasta/McCloud ...... 73,316 ac (29,670 ha) ...... 0.

We present brief descriptions of the methods) and all contain one or more of units will be considered for exclusion proposed revised critical habitat units the features essential to the conservation from critical habitat when this rule is below. All units are within the of the northern spotted owl, as finalized. Exclusions are considered geographic area occupied (see Criteria described in the PCEs. As provided based on the relative costs and benefits Used to Identify Critical Habitat for under section 4(b)(2) of the Act, these of designating critical habitat, including

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information contained in the Wilderness and Mount Rainier National includes one area that, with its forthcoming economic analysis. Park, meet the size requirement of large associated Wilderness, meets the size habitat blocks and two areas that, with requirement of a large habitat block. Unit 1. Olympic Peninsula associated Wilderness and the Mount Unit 11. Eastern Oregon Cascades The Olympic Peninsula Unit consists Rainier National Park, meet the size of 331,742 ac (134,251 ha) in Clallam, requirement of small habitat blocks. The Eastern Oregon Cascades Unit is Jefferson, Mason, and Grays Harbor comprised of 106,665 ac (43,166 ha) in Counties, Washington, and is comprised Unit 6. Southeast Washington Cascades Jefferson, Deschutes, and Klamath of lands managed by the Olympic The Southeast Washington Cascades Counties, Oregon, and is comprised of National Forest. This unit includes one Unit consists of 143,400 ac (58,031 ha) lands managed by the Deschutes area that, with the associated in Kittitas, Yakima, and Skamania National Forest. This unit includes Wilderness and Olympic National Park, Counties, Washington, and is comprised seven areas that, with associated meets the size requirement of a large of lands managed by the Wenatchee and Wilderness and Crater Lake National habitat block, and two areas that, with Gifford Pinchot National Forests. This Park, meet the size requirement of small the associated Wilderness and Olympic unit includes six areas that, with habitat blocks. National Park, meet the size associated Wilderness, meet the size Unit 12. Western Oregon Cascades requirement of small habitat blocks. requirement of small habitat blocks. South Unit 2. Northwest Washington Cascades Unit 7. Northern Oregon Coast Ranges The Western Oregon Cascades South The Northwest Washington Cascades The Northern Oregon Coast Ranges Unit consists of 448,403 ac (181,463 ha) Unit consists of 410,872 ac (166,274 ha) Unit consists of 321,420 ac (130,074 ha) in Jackson, Douglas, Lane, and Linn in Whatcom, Skagit, Snohomish, King, in Tillamook, Yamhill, Polk, Lincoln, Counties, Oregon, and is comprised of and Kittitas Counties, Washington, and Benton, and Lane Counties, Oregon, and lands managed by the Willamette, is comprised of lands managed by the is comprised of lands managed by the Umpqua, and Rogue River National Mt. Baker-Snoqualmie and Wenatchee Siuslaw National Forest (187,562 ac Forests (448,324 ac (181,406 ha)) and National Forests. This unit includes 2 (75,904 ha)) and Salem and Eugene BLM Eugene BLM Districts (79 ac (32 ha)). areas that, with associated Wilderness Districts (133,858 ac (54,170 ha)). This This unit includes eight areas that, with and the North Cascades National Park, unit includes one area that, with associated Wilderness, meet the size meet the size requirement of large associated Wilderness, meets the size requirement of large habitat blocks. habitat blocks, and 13 areas that, with requirement of a large habitat block and Unit 13. Willamette/North Umpqua associated Wilderness and the North seven areas that, with associated Cascades National Park, meet the size Wilderness, meet the size requirement The Willamette/North Umpqua Unit requirement of small habitat blocks. of small habitat blocks. is comprised of 119,637 ac (48,415 ha) of lands in Lane and Douglas Counties, Unit 3. Okanogan Unit 8. Southern Oregon Coast Ranges Oregon, and is comprised of lands The Okanogan Unit consists of The Southern Oregon Coast Ranges managed by the Eugene and Roseburg 115,638 ac (46,797 ha) in Whatcom, Unit consists of 204,276 ac (82,668 ha) BLM Districts. This unit includes three Okanogan, and Chelan Counties, in Lane, Coos, and Douglas Counties, areas that meet the size requirement of Washington, and is comprised of lands Oregon, and is comprised of lands small habitat blocks. These areas managed by the Okanogan and managed by the Siuslaw National Forest provide for habitat connectivity and Wenatchee National Forests. This unit (67,751 ac (27,418 ha)) and Eugene, northern spotted owl movement via the includes seven areas that, with Roseburg and Coos Bay BLM Districts inter-provincial connection from the associated Wilderness and the North (136,525 ac (55,250 ha)). This unit western Cascades to the Oregon Coast Cascades National Park, meet the size includes one area that meets the size Ranges. requirement of small habitat blocks. requirement of a large habitat block and Unit 14. Rogue/Umpqua three areas that, with associated Unit 4. Entiat Wilderness, meet the size requirement The Rogue/Umpqua Unit consists of The Entiat Unit consists of 304,817 ac of small habitat blocks. 165,504 ac (66,977 ha) in Douglas and (123,355 ha) in Chelan and Kittitas Josephine Counties, Oregon, and is Counties, Washington, and is comprised Unit 9. Western Oregon Cascades North comprised of lands managed by the of lands managed by the Wenatchee and The Western Oregon Cascades North Umpqua National Forest (13,147 ac Mt. Baker-Snoqualmie National Forests. Unit consists of 334,738 ac (135,464 ha) (5,320 ha)) and Roseburg and BLM This unit includes three areas that, with in Linn, Marion, Clackamas, Hood Medford Districts (152,357 ac (61,657 associated Wilderness, meet the size River, and Multnomah Counties, ha)). This unit includes one area that requirement of large habitat blocks and Oregon, and is comprised of lands meets the size requirement of a large four areas that, with associated managed by the Mt. Hood and habitat block, and one area that meets Wilderness, meet the size requirement Willamette National Forests. This unit the size requirement of a small habitat of small habitat blocks. includes five areas that, with associated block. These areas provide for habitat Wilderness, meet the size requirement connectivity and northern spotted owl Unit 5. Southwest Washington Cascades of large habitat blocks and one area that movement via the inter-provincial The Southwest Washington Cascades meets the size requirement of a small connection from the western Cascades Unit consists of 523,710 ac (211,938 ha) habitat block. to the Oregon Coast Ranges across the in King, Pierce, Thurston, Lewis, Rogue-Umpqua divide. Skamania, Cowlitz, Kittitas, and Yakima Unit 10. Hood River Counties, Washington, and is comprised The Hood River Unit is comprised of Unit 15. Oregon Klamath Mountains of lands managed by the Mt. Baker- 42,863 ac (17,273 ha) in Hood River and The Oregon Klamath Mountains Unit Snoqualmie, Gifford Pinchot, and Wasco Counties, Oregon, and is is a total of 195,211 ac (79,215 ha), Wenatchee National Forests. This unit comprised of lands managed by the Mt. including 189,424 ac (76,657 ha) in includes four areas that, with associated Hood National Forest. This unit Coos, Curry, and Josephine Counties,

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Oregon, and 5,787 ac (2,342 ha) in the Unit 19. Coastal Humboldt Wilderness, meet the size requirement northernmost portion of Del Norte The Coastal Humboldt Unit consists of large habitat blocks, and one area that County, California. It is comprised of of 49,308 ac (19,954 ha) in Humboldt meets the size requirement of a small lands managed by the Siskiyou and Six and Mendocino Counties, California, habitat block. Rivers National Forests (194,745 ac and is comprised of lands managed by Unit 25. Scott and Salmon Mountains (78,810 ha)) and Coos Bay BLM District the BLM Arcata Field Office. This unit (466 ac (188 ha)). This unit includes includes four areas that, with associated The Scott and Salmon Mountains three areas that, with associated Congressionally-Reserved Areas, meet Unit is a total of 242,450 ac (98,116 ha), Wilderness, meet the size requirement the size requirement of small habitat including 242,292 ac (98,052 ha) in of large habitat blocks, and one area blocks. that, with its associated Wilderness, Siskiyou County, California, and 158 ac meets the size requirement of a small Unit 20. King Range (64 ha) in Josephine County, Oregon, habitat block. The northern spotted owl The King Range Unit consists of and is comprised of lands managed by population in the Klamath Province is 40,308 ac (16,312 ha) in Humboldt and the Klamath National Forest. This unit the major population link between the Mendocino Counties, California, and is includes four areas that, with associated Oregon Coast Ranges and western comprised of lands managed by the Wilderness, meet the size requirement Oregon Cascades Provinces. It also BLM Arcata Field Office. This unit of large habitat blocks and two areas provides the primary connection includes one area that meets the size that, with associated Wilderness, meet between northern spotted owl requirement of a small habitat block. the size requirement of small habitat populations in Oregon and California. blocks. Unit 21. South Fork Mountain Divide Unit 16. Klamath Intra-Province The South Fork Mountain Divide Unit Unit 26. Trinity Divide The Klamath Intra-Province Unit is a consists of 141,180 ac (58,752 ha) in total of 96,572 ac (39,081 ha), including The Trinity Divide Unit consists of Humboldt and Trinity Counties, 13,870 ac (5,613 ha) in Siskiyou County, 90,437 ac (36,598 ha) in Josephine and California, and is comprised of lands California, and is comprised of lands Jackson Counties, Oregon, and 6,135 ac managed by the Six Rivers and Shasta- managed by the Klamath National (2,483 ha) in the northern portion of Trinity National Forests (141,054 ac Siskiyou County, California. It is (57,082 ha)) and BLM Arcata Field Forest. This unit includes four areas comprised of lands managed by the Office (4,126 ac (1,670 ha)). This unit that, with associated Wilderness, meet Rogue-Siskiyou and Klamath National includes three areas that meet the size the size requirement of small habitat Forests (57,977 ac (23,462 ha)) and requirement of large habitat blocks, and blocks with one to two pairs of northern Medford BLM District (38,595 ac one area that meets the size requirement spotted owls each, forming a ‘‘stepping- (15,619 ha)). This unit includes one area of a small habitat block. stone’’ string of small areas providing that meets the size requirement of a connectivity to the eastern Klamath large habitat block and one area that Unit 22. Eel-Russian River Mountains. meets the size requirement of a small The Eel-Russian River Unit consists of habitat block. These areas provide 21,940 ac (8,879 ha) in Mendocino and Unit 27. Shasta-Trinity Lakes essential habitat connections through an Trinity Counties, California, and is The Shasta/Trinity Lakes Unit area of limited habitat in the Klamath comprised of lands managed by the consists of 86,819 ac (35,134 ha) in Province. BLM Ukiah and Arcata Field Offices. Shasta and Trinity Counties, California, This unit includes 16 areas that meet Unit 17. Southern Cascades and is comprised of lands managed by the size requirement of small habitat the Shasta-Trinity National Forest The Southern Cascades Unit is a total blocks for northern spotted owls. of 226,430 ac (91,634 ha), including (85,730 ac (34,694 ha)) and BLM 186,732 ac ( 75,568 ha) in Jackson and Unit 23. Mendocino Coast Ranges Redding Field Office (1,090 ac (441 ha)). Klamath Counties, Oregon, and 39,698 The Mendocino Coast Ranges Unit This unit includes six areas that, with ac (16,065 ha) in the northern portion of consists of 215,105 ac (87,050 ha) in associated Wilderness, meet the size Siskiyou County, California. It is Mendocino, Lake, Colusa, Glenn, requirement of small habitat blocks. comprised of lands managed by Rogue- Tehama, and Trinity Counties, Unit 28. Eastern Klamath Mountains Siskiyou, Winema, and Klamath California, and is comprised of lands National Forests (191,612 ac (77,543 managed by the Mendocino National The Eastern Klamath Mountains Unit ha)) and Medford and Lakeview BLM Forest. This unit includes two areas consists of 110,756 ac (44,821 ha) in Districts (34,818 ac (14,090 ha)). This that, with associated Wilderness, meet Shasta and Siskiyou Counties, unit includes two areas that, with the size requirement of large habitat California, and is comprised of lands associated Wilderness, meet the size blocks and five areas that meet the size managed by the Shasta-Trinity and requirement of large habitat blocks and requirement of small habitat blocks. Klamath National Forests. This unit three areas that, with associated Unit 24. Western Klamath-Siskiyou includes five areas that meet the size Wilderness, meet the size requirement Mountains requirement of small habitat blocks. of small habitat blocks. The Western Klamath-Siskiyou Unit 29. Shasta/McCloud Unit 18. Coastal Redwoods Mountains Unit consists of 240,130 ac The Coastal Redwoods Unit consists (87,178 ha) in Del Norte, Humboldt, The Shasta/McCloud Unit consists of of 6,937 ac (2,807 ha) in Del Norte Trinity, Shasta, and Siskiyou Counties, 73,316 ac (29,670 ha) in Siskiyou and County, California, and is comprised of California, and is comprised of lands Shasta Counties, California, and is lands managed by Six Rivers National managed by the Six Rivers and Shasta- comprised of lands managed by the Forest. This unit includes one area that, Trinity National Forests (236,460 ac Klamath and Shasta-Trinity National with associated portions of Redwood (95,692 ha)) and BLM Redding Field Forests. This unit includes 13 areas that National Park, meets the size Office (3,670 ac (1,485 ha)). This unit meet the size requirement of small requirement of a small habitat block. includes five areas that, with associated habitat blocks.

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Effects of Critical Habitat Designation result of the section 7(a)(2) compliance avoid that outcome. ‘‘Reasonable and process, if those species are listed or the prudent alternatives’’ are defined at 50 Section 7 Consultation critical habitat designated. CFR 402.02 as alternative actions Section 7 of the Act requires Federal Under conference procedures, the identified during consultation that can agencies, including the Service, to Service may provide advisory be implemented in a manner consistent ensure that actions they fund, authorize, conservation recommendations to assist with the intended purpose of the action, or carry out are not likely to destroy or the agency in eliminating conflicts that that are consistent with the scope of the adversely modify critical habitat. In our may be caused by the proposed action. Federal agency’s legal authority and regulations at 50 CFR 402.02, we define The Service may conduct either jurisdiction, that are economically and destruction or adverse modification as informal or formal conferences. Informal technologically feasible, and that the ‘‘a direct or indirect alteration that conferences are typically used if the Director believes would avoid jeopardy appreciably diminishes the value of proposed action is not likely to have any to the listed species or destruction or critical habitat for both the survival and adverse effects to the species proposed adverse modification of critical habitat. recovery of a listed species. Such to be listed or proposed critical habitat. Reasonable and prudent alternatives can alterations include, but are not limited Formal conferences are typically used vary from slight project modifications to to, alterations adversely modifying any when the Federal agency or the Service extensive redesign or relocation of the of those physical or biological features believes the proposed action is likely to project. Costs associated with that were the basis for determining the cause adverse effects to species implementing a reasonable and prudent habitat to be critical.’’ However, recent proposed to be listed or critical habitat, alternative are similarly variable. decisions by the 5th and 9th Circuit inclusive of those that may cause Courts of Appeals have invalidated this jeopardy or adverse modification. Regulations at 50 CFR 402.16 require definition (see Gifford Pinchot Task The results of an informal conference Federal agencies to reinitiate Force v. U.S. Fish and Wildlife Service, are typically transmitted in a conference consultation on previously reviewed 378 F. 3d 1059 (9th Cir 2004) and Sierra report, while the results of a formal actions in instances when a new species Club v. U.S. Fish and Wildlife Service et conference are typically transmitted in a is listed or critical habitat is al., 245 F.3d 434, 442F (5th Cir 2001)). conference opinion. Conference subsequently designated that may be Pursuant to current national policy and opinions on proposed critical habitat are affected and the Federal agency has the statutory provisions of the Act, typically prepared according to 50 CFR retained discretionary involvement or destruction or adverse modification is 402.14 as if the proposed critical habitat control over the action or such determined on the basis of whether, were designated. We may adopt the discretionary involvement or control is with implementation of the proposed conference opinion as the biological authorized by law. Consequently, some Federal action, the affected critical opinion when the critical habitat is Federal agencies may request habitat would remain functional (or designated if no substantial new reinitiation of consultation or initiation retain the current ability for the primary information or changes in the action of conference with us on actions for constituent elements to be functionally alter the content of the opinion (see 50 which formal consultation has been re-established in situations where the CFR 402.10(d)). As noted above, any completed, if those actions may affect critical habitat was temporarily conservation recommendations in a subsequently listed species or destroyed or degraded) to serve the conference report or opinion are strictly designated critical habitat or adversely intended conservation role for the advisory. modify or destroy proposed critical species. If a species is listed or critical habitat habitat. Section 7(a) of the Act requires is designated, section 7(a)(2) of the Act Federal agencies, including the Service, requires Federal agencies to ensure that Federal activities that may affect the to evaluate their actions with respect to activities they authorize, fund, or carry northern spotted owl or its designated any species that is proposed or listed as out are not likely to jeopardize the critical habitat require section 7 endangered or threatened and with continued existence of such a species or consultation under the Act. Activities respect to its critical habitat, if any is to destroy or adversely modify its on State, Tribal, local or private lands proposed or designated. Regulations critical habitat. If a Federal action may requiring a Federal permit (such as a implementing this interagency affect a listed species or its critical permit from the U.S. Army Corps of cooperation provision of the Act are habitat, the responsible Federal agency Engineers under section 404 of the codified at 50 CFR part 402. (action agency) must enter into Clean Water Act or a permit under Section 7(a)(4) of the Act requires consultation with us. If, after informal section 10(a)(1)(B) of the Act from the Federal agencies to confer with us on consultation, the action agency Service) or involving some other Federal any action that is likely to jeopardize determines that the action is not likely action (such as funding from the Federal the continued existence of a species to adversely affect the species or critical Highway Administration, Federal proposed to be listed or result in habitat, it may request concurrence from Aviation Administration, or the Federal destruction or adverse modification of the Service and complete the section Emergency Management Agency) are proposed critical habitat. This is a 7(a)(2) process without formal also be subject to the section 7 procedural requirement only. However, consultation. If the action is likely to consultation process. Federal actions once a species becomes listed, or adversely affect the species or critical not affecting listed species or critical proposed critical habitat is designated habitat, the agency shall request formal habitat, and actions on State, Tribal, as final, the full prohibitions of section consultation and the Service will issue local, or private lands that are not 7(a)(2) apply to any Federal action. The a biological opinion. federally funded, authorized, or primary utility of the conference When we issue a biological opinion permitted, do not require section 7 procedures is to maximize the concluding that a project is likely to consultation. In addition, currently opportunity for a Federal agency to result in jeopardy to a listed species or designated northern spotted owl critical adequately consider species proposed the destruction or adverse modification habitat (see 50 CFR 17.95(b)) remain in for listing and proposed critical habitat of critical habitat, we also provide place, and therefore be subject to section and avoid potential delays in reasonable and prudent alternatives to 7, until our final determination on this implementing their proposed action as a the project, if any are identifiable, to proposal is made.

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Application of the Jeopardy and spotted owl is appreciably reduced. and post-wildfire burn areas; snag Adverse Modification Standards for Activities that, when carried out, creation or removal; hazard tree Actions Involving Effects to the funded, or authorized by a Federal removal; fuels reduction treatments; Northern Spotted Owl and Its Critical agency, may affect critical habitat and wildland fire management and fire Habitat therefore should result in informal or suppression activities, such as back- Jeopardy Standard formal consultation for the northern burning and felling trees; personal use spotted owl include, but are not limited and commercial firewood collection; The Service has applied an analytical to: land disturbance activities associated framework for northern spotted owl (1) Actions that would remove or with construction and maintenance of jeopardy analyses that relies heavily on modify potential nest structures, such as power transmission line corridors, a northern spotted owl conservation large (generally greater than 30 in (76 highways, hydroelectric facilities, strategy developed in the Standards and cm) dbh) broken-topped trees, snags, mines, or oil, gas, geothermal or Guidelines of the Record of Decision for platforms, or mistletoe infestations. telecommunications leases; sand, gravel, Amendments to Forest Service and BLM Such activities could remove nesting or rock extraction; and construction of Planning Documents within the Range opportunities, potentially preventing or ski areas and associated resort facilities of the Northern Spotted Owl (USDA and suppressing reproduction. Activities or other large-scale recreational USDI 1994b) and adopted by the Forest that could remove or modify these developments. Service and BLM in their land features are listed below. Some silvicultural activities designed management plans (LRMPs/RMPs); this (2) Actions that would remove or to improve the habitat for northern habitat-based strategy also applies to modify forest conditions supporting spotted owls over the long term may National Park Service lands. The section nesting, foraging, and roosting, such as have short-term negative impacts. 7(a)(2) analysis focuses on how the large trees, canopy closure, multi- We consider all of the units proposed proposed Federal action comports with layered and multi-species canopies, the as revised critical habitat to contain the habitat-based, rangewide presence of flight room under the features essential to the conservation of conservation plan for the northern canopy, and in some areas, the presence the northern spotted owl. All units are spotted owl. of hardwoods in stands. Such activities within the geographic range of the Adverse Modification Standard could increase the risk of predation of species and are likely to be used by the adults or young, increase thermal stress, northern spotted owl. Federal agencies The analytical framework described decrease foraging success, or decrease already consult with us on activities in in the Director’s December 9, 2004, survival resulting from extreme weather. areas currently occupied by the memorandum is used to complete Activities that could remove or modify northern spotted owl to ensure that their section 7(a)(2) analyses for Federal these features are listed below. actions do not jeopardize the continued actions affecting northern spotted owl (3) Actions that would fragment existence of the northern spotted owl. critical habitat. The key factor related to northern spotted owl nesting, roosting, the adverse modification determination foraging, or dispersal habitat within Application of Section 3(5)(A) and is whether, with implementation of the critical habitat blocks, so that Exclusions Under Section 4(b)(2) of the proposed Federal action, the affected connectivity within or between blocks, Act critical habitat would remain functional units, or provinces is reduced or Section 3(5)(A) of the Act defines (or retain the current ability for the eliminated. Concentrated removal or critical habitat as the specific areas primary constituent elements to be modification of forested areas within within the geographic area occupied by functionally re-established in situations individual blocks could increase the the species on which are found physical where the critical habitat was distance northern spotted owls must and biological features (i) essential to temporarily destroyed or degraded) to travel to reach suitable forest conditions the conservation of the species, and (ii) serve its intended conservation role for in another critical habitat block, which which may require special management the species. Generally, the conservation can result in an increased risk of considerations or protection. Therefore, role of northern spotted owl critical predation, increased stress, and areas within the geographic area habitat units is to support viable reduction in foraging opportunities. occupied by the species that do not populations at the physiographic Activities that could remove or modify contain the features essential to the province level. The parameters for the these features are listed below. conservation of the species are not, by habitat that is understood to fulfill this (4) Actions that would eliminate the definition, critical habitat. Similarly, role are set forth in the recovery criteria potential for an area to support the areas within the geographic area in the 2007 Draft Recovery Plan for the forest types that develop into nesting, occupied by the species that require no Northern Spotted Owl (USFWS 2007). roosting, foraging and dispersal habitat. special management or protection also Section 4(b)(8) of the Act requires us Ground disturbances that disrupt the are not, by definition, critical habitat. to briefly evaluate and describe in any ability for the landscape to grow Many areas that did not meet the proposed or final regulation that forested communities to their full definition previously and were not designates critical habitat those potential could decrease nesting and included in critical habitat are also not activities involving a Federal action that foraging opportunities, while increasing included in this designation for the may destroy or adversely modify such the distance between blocks of intact same reason. habitat, or that may be affected by such habitat, which could result in an Section 4(b)(2) of the Act states that designation. Activities that may destroy increased risk of predation and critical habitat shall be designated, and or adversely modify critical habitat may increased stress. Activities that could revised, on the basis of the best also jeopardize the continued existence remove the potential for these forest available scientific data after taking into of the species. types to exist are listed below. consideration the economic impact, Activities that may destroy or The types of activities that may affect national security impact, and any other adversely modify critical habitat are northern spotted owl critical habitat as relevant impact of specifying any those that alter the PCEs to an extent described above include, but are not particular area as critical habitat. The that the intended conservation function limited to: Timber harvest; salvage of Secretary may exclude an area from of critical habitat for the northern dead trees from healthy forest stands critical habitat if he determines that the

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benefits of such exclusion outweigh the the listed species or its critical habitat. Exclusions Under Section 4(b)(2) of the benefits of specifying such area as part However, if the action agency Act of the critical habitat, unless he determines through informal We are not proposing to exclude any determines, based on the best scientific consultation that adverse impacts are specific areas under section 4(b)(2) of data available, that the failure to likely to occur, then formal consultation the Act in this proposed revision to designate such area as critical habitat would be initiated. Formal consultation northern spotted owl critical habitat at will result in the extinction of the concludes with a biological opinion this time. However, we will consider species. issued by the Service on whether the excluding any, or all, areas in the final Under section 4(b)(2) of the Act, in proposed Federal action is likely to designation after taking into account considering whether to exclude a jeopardize the continued existence of a public comments and the economic particular area from the designation, we analysis. must identify the benefits of including listed species or result in destruction or the area in the designation, identify the adverse modification of critical habitat, Economic Analysis with separate analyses being made benefits of excluding the area from the An analysis of the economic impacts under both the jeopardy and the adverse designation, and determine whether the of proposing revised critical habitat for modification standards. For critical benefits of exclusion outweigh the the northern spotted owl is being benefits of inclusion. If an exclusion is habitat, a biological opinion that prepared. We will announce the contemplated, we must determine concludes in a determination of no availability of the draft economic whether excluding the area would result destruction or adverse modification may analysis as soon as it is completed, at in the extinction of the species. In contain discretionary conservation which time we will seek public review addition, the Service is conducting an recommendations to minimize adverse and comment. At that time, copies of economic analysis of the impacts of the effects to primary constituent elements, the draft economic analysis will be proposed revised critical habitat but it would not contain any mandatory available for downloading from the designation and related factors, which reasonable and prudent measures or Internet at http://www.fws.gov/ will be available for public review and terms and conditions. Mandatory oregonfwo, or by contacting the Oregon comment. We are not proposing any measures, and terms and conditions to Fish and Wildlife Office directly (see specific exclusions under 4(b)(2) at this implement them, are only specified ADDRESSES section). time; however, based on public when the proposed action would result Peer Review comment on the document, the in the incidental take of a listed animal proposed revised designation itself, and species. Reasonable and prudent In accordance with our joint policy the information in the final economic published in the Federal Register on alternatives to the proposed Federal analysis, areas may be excluded in the July 1, 1994 (59 FR 34270), and based action would only be suggested when final rule. This is provided for in section on our implementation of the Office of 4(b)(2) of the Act, and in our the biological opinion results in a Management and Budget’s Final implementing regulations at 50 CFR jeopardy or adverse modification Information Quality Bulletin for Peer 424.19. conclusion. Review, dated December 16, 2004, we General Principles of Section 7 A benefit of including lands in critical will seek the expert opinions of at least Consultations Used in the 4(b)(2) habitat is that the designation of critical five appropriate and independent peer Balancing Process habitat serves to educate landowners, reviewers regarding the science in this State and local governments, and the proposed rule. The purpose of such The most direct, and potentially public regarding the potential review is to ensure that our revised largest, regulatory benefit of critical conservation value of an area. This critical habitat designation is based on habitat is that federally authorized, helps focus and promote conservation scientifically sound data, assumptions, funded, or carried out activities require and analyses. We will send copies of consultation under section 7 of the Act efforts by other parties by clearly delineating areas of high conservation this proposed rule to these peer to ensure that they are not likely to reviewers immediately following value for the northern spotted owl. In destroy or adversely modify critical publication in the Federal Register. We general the educational benefit of a habitat. There are two limitations to this will invite these peer reviewers to regulatory effect. First, it only applies critical habitat designation always comment during the public comment where there is a Federal nexus—if there exists, although in some cases it may be period on the specific assumptions and is no Federal nexus, designation itself redundant with other educational conclusions regarding the proposed does not restrict actions that destroy or effects. revised designation of critical habitat. adversely modify critical habitat. The Service is conducting an We will consider all comments and Second, it only limits destruction or economic analysis of the impacts of the information received during the adverse modification. By its nature, the proposed revised critical habitat comment period on this proposed rule prohibition on adverse modification is designation and related factors, which during preparation of a final designed to ensure that areas containing will be available for public review and rulemaking. Accordingly, the final the physical and biological features comment. Based on public comment on decision may differ from this proposal. essential to the conservation of the that document, the proposed revised species, or unoccupied areas essential to Public Hearings designation itself, and the information the conservation of the species, are not The Act provides for one or more eroded. Critical habitat designation in the final economic analysis, public hearings on this proposal, if alone, however, does not require additional areas beyond those identified requested. Requests for public hearings specific steps toward recovery. in this assessment may be excluded must be made in writing at least 15 days Once consultation under section 7 of from critical habitat by the Secretary prior to the close of the public comment the Act is triggered, the process may under the provisions of section 4(b)(2) period (see DATES). We will schedule conclude informally if the action agency of the Act. This is provided for in the public hearings on this proposal, if any determines that the proposed Federal Act, and in our implementing are requested, and announce the dates, action is not likely to adversely affect regulations at 50 CFR 424.19. times, and places of those hearings in

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the Federal Register and local agency will need to consider alternative At this time, the Service lacks the newspapers at least 15 days prior to the regulatory approaches. Since the available economic information first hearing. determination of critical habitat is a necessary to provide an adequate factual statutory requirement under the Act, we basis for the required RFA finding. Clarity of the Rule must then evaluate alternative Therefore, the RFA finding is deferred Executive Order 12866 (Regulatory regulatory approaches, where feasible, until completion of the draft economic Planning and Review) requires each when promulgating a designation of analysis prepared under section 4(b)(2) agency to write regulations and notices critical habitat. of the Act and Executive Order 12866. that are easy to understand. We invite In developing our designations of The draft economic analysis will your comments on how to make this critical habitat, we consider economic provide the required factual basis for the proposed rule easier to understand, impacts, impacts to national security, RFA finding. Upon completion of the including answers to questions such as and other relevant impacts under draft economic analysis, the Service will the following: (1) Are the requirements section 4(b)(2) of the Act. Based on the publish a notice of availability of the in the proposed rule clearly stated? (2) discretion allowable under this draft economic analysis of the proposed Does the proposed rule contain provision, we may exclude any revised designation and reopen the technical jargon that interferes with the particular area from the designation of public comment period for the proposed clarity? (3) Does the format of the critical habitat providing that the revised designation. The Service will proposed rule (grouping and order of benefits of such exclusion outweigh the include with the notice of availability, the sections, use of headings, benefits of specifying the area as critical as appropriate, an initial regulatory paragraphing, and so forth) aid or habitat and that such exclusion would flexibility analysis or a certification that reduce its clarity? (4) Is the description not result in the extinction of the the rule will not have a significant of the notice in the SUPPLEMENTARY species. As such, we believe that the economic impact on a substantial INFORMATION section of the preamble evaluation of the inclusion or exclusion number of small entities accompanied helpful in understanding the proposed of particular areas, or combination by the factual basis for that rule? (5) What else could we do to make thereof, in a designation constitutes our determination. The Service has this proposed rule easier to understand? regulatory alternative analysis. concluded that deferring the RFA finding until completion of the draft Send a copy of any comments on how Within these areas, the types of economic analysis is necessary to meet we could make this proposed rule easier Federal actions or authorized activities the purposes and requirements of the to understand to: Office of Regulatory that we have identified as potential RFA. Deferring the RFA finding in this Affairs, Department of the Interior, concerns are listed above in the section manner will ensure that the Service Room 7229, 1849 C Street, NW., on section 7 consultation. The makes a sufficiently informed Washington, DC 20240. You may e-mail availability of the draft economic determination based on adequate your comments to this address: analysis will be announced in the economic information and provides the [email protected]. Federal Register and in local necessary opportunity for public newspapers so that it is available for Required Determinations comment. public review and comments. The draft Regulatory Planning and Review economic analysis can be obtained from Executive Order 13211 In accordance with Executive Order the internet Web site at: http:// On May 18, 2001, the President issued 12866, this document is a significant www.fws.gov/oregonfwo or by an Executive Order on regulations that rule in that it may raise novel legal and contacting the Oregon Fish and Wildlife significantly affect energy supply, policy issues, but it is not anticipated to Office directly (see ADDRESSES section). distribution, and use. Executive Order have an annual effect on the economy Regulatory Flexibility Act (5 U.S.C. 601 13211 requires agencies to prepare of $100 million or more, or to affect the et seq.) Statements of Energy Effects when economy in a material way. Due to the undertaking certain actions. While this tight timeline for publication in the Under the Regulatory Flexibility Act proposed rule to designate revised Federal Register, the Office of (5 U.S.C. 601 et seq., as amended by the critical habitat for the northern spotted Management and Budget (OMB) has not Small Business Regulatory Enforcement owl is a significant regulatory action formally reviewed this rule. We are Fairness Act (SBREFA) of 1996), under Executive Order 12866, it is not preparing a draft economic analysis of whenever an agency is required to expected to significantly affect energy this proposed action, which will be publish a notice of rulemaking for any supplies, distribution, or use. Therefore, available for public comment, to proposed or final rule, it must prepare this action is not a significant energy determine the economic consequences and make available for public comment action, and no Statement of Energy of revising our critical habitat a regulatory flexibility analysis that Effects is required. designation for the northern spotted describes the effects of the rule on small owl. This economic analysis also will be entities (i.e., small businesses, small Unfunded Mandates Reform Act (2 used to determine compliance with organizations, and small government U.S.C. 1501 et seq.) Executive Order 12866, Regulatory jurisdictions). However, no regulatory In accordance with the Unfunded Flexibility Act, Small Business flexibility analysis is required if the Mandates Reform Act (2 U.S.C. 1501 et Regulatory Enforcement Fairness Act, head of the agency certifies the rule will seq.), the Service makes the following and Executive Order 12630. not have a significant economic impact findings: Further, Executive Order 12866 on a substantial number of small (a) This rule would not produce a directs Federal agencies promulgating entities. The SBREFA amended the Federal mandate. In general, a Federal regulations to evaluate regulatory Regulatory Flexibility Act (RFA) to mandate is a provision in legislation, alternatives (Office of Management and require Federal agencies to provide a statute or regulation that would impose Budget, Circular A–4, September 17, statement of the factual basis for an enforceable duty upon State, local, 2003). Pursuant to Circular A–4, once it certifying that the rule will not have a Tribal governments, or the private sector has been determined that the Federal significant economic impact on a and includes both ‘‘Federal regulatory action is appropriate, the substantial number of small entities. intergovernmental mandates’’ and

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‘‘Federal private sector mandates.’’ proposed designation. As such, a Small habitat in accordance with the These terms are defined in 2 U.S.C. Government Agency Plan is not provisions of the Endangered Species 658(5)–(7). ‘‘Federal intergovernmental required. However, as we conduct our Act of 1973, as amended (16 U.S.C. 1531 mandate’’ includes a regulation that economic analysis, we will further et seq.). This proposed rule uses ‘‘would impose an enforceable duty evaluate this issue and revise this standard property descriptions and upon State, local, or Tribal assessment if appropriate. identifies the primary constituent governments’’ with two exceptions. It Takings elements within the designated areas to excludes ‘‘a condition of Federal assist the public in understanding the assistance.’’ It also excludes ‘‘a duty In accordance with Executive Order habitat needs of the northern spotted arising from participation in a voluntary 12630 (‘‘Government Actions and owl. Federal program,’’ unless the regulation Interference with Constitutionally ‘‘relates to a then-existing Federal Protected Private Property Rights’’), we Paperwork Reduction Act of 1995 (44 program under which $500,000,000 or have analyzed the potential takings U.S.C. 3501 et seq.) more is provided annually to State, implication of designating revised local, and Tribal governments under critical habitat for the northern spotted This rule does not contain any new entitlement authority,’’ if the provision owl in a takings implication assessment. collections of information that require would ‘‘increase the stringency of The takings implications assessment approval by OMB under the Paperwork conditions of assistance’’ or ‘‘place caps concludes that this revised designation Reduction Act. This rule will not upon, or otherwise decrease, the Federal of critical habitat for the northern impose recordkeeping or reporting Government’s responsibility to provide spotted owl does not pose significant requirements on State or local funding,’’ and the State, local, or Tribal takings implications. However, we will governments, individuals, businesses, or governments ‘‘lack authority’’ to adjust further evaluate this issue as we organizations. An agency may not accordingly. At the time of enactment, conduct our economic analysis and conduct or sponsor, and a person is not these entitlement programs were: review and revise this assessment as required to respond to, a collection of Medicaid; AFDC work programs; Child warranted. information unless it displays a Nutrition; Food Stamps; Social Services Federalism currently valid OMB control number. Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption In accordance with Executive Order National Environmental Policy Act Assistance, and Independent Living; 13132 (Federalism), the rule does not have significant Federalism effects. A It is our position that, outside the Family Support Welfare Services; and Tenth Circuit, we do not need to Child Support Enforcement. ‘‘Federal Federalism assessment is not required. In keeping with DOI and Department of prepare environmental analyses as private sector mandate’’ includes a defined by the National Environmental regulation that ‘‘would impose an Commerce policy, we requested information from, and coordinated Policy Act (42 U.S.C. 4321 et seq.) in enforceable duty upon the private connection with designating critical sector, except (i) a condition of Federal development of, this proposed revised habitat under the Endangered Species assistance or (ii) a duty arising from critical habitat designation with Act of 1973, as amended. We published participation in a voluntary Federal appropriate State resource agencies in a notice outlining our reasons for this program.’’ Washington, Oregon, and California. The designation of critical habitat The revised designation of critical determination in the Federal Register does not impose a legally binding duty habitat in areas currently occupied by on October 25, 1983 (48 FR 49244). This on non-Federal government entities or the northern spotted owl imposes no assertion was upheld in the courts of the private parties. Under the Act, the only additional restrictions to those currently Ninth Circuit (Douglas County v. regulatory effect is that Federal agencies in place and, therefore, has little Babbitt, 48 F.3d 1495 (9th Cir. Ore. must ensure that their actions do not incremental impact on State and local 1995), cert. denied 116 S. Ct. 698 destroy or adversely modify critical governments and their activities. The (1996)). designation may have some benefit to habitat under section 7. While non- Government-to-Government these governments in that the areas that Federal entities that receive Federal Relationship With Tribes funding, assistance, or permits, or that contain the features essential to the otherwise require approval or conservation of the species are more In accordance with the President’s authorization from a Federal agency for clearly defined, and the primary memorandum of April 29, 1994, an action, may be indirectly impacted constituent elements of the habitat ‘‘Government-to-Government Relations by the designation of critical habitat, the necessary to the conservation of the with Native American Tribal legally binding duty to avoid species are clearly identified. While Governments’’ (59 FR 22951), Executive destruction or adverse modification of making this definition and Order 13175, and the Department of critical habitat rests squarely on the identification does not alter where and Interior’s manual at 512 DM 2, we Federal agency. Furthermore, to the what federally sponsored activities may readily acknowledge our responsibility extent that non-Federal entities are occur, it may assist these local to communicate meaningfully with indirectly impacted because they governments in long-range planning recognized Federal Tribes on a receive Federal assistance or participate (rather than waiting for case-by-case government-to-government basis. No in a voluntary Federal aid program, the section 7 consultations to occur). Tribal lands are proposed as revised Unfunded Mandates Reform Act would critical habitat. not apply; nor would critical habitat Civil Justice Reform shift the costs of the large entitlement In accordance with Executive Order References Cited programs listed above on to State 12988 (Civil Justice Reform), the Office governments. of the Solicitor has determined that the A complete list of all references cited (b) We do not believe that this rule rule does not unduly burden the judicial in this rulemaking is available upon would significantly or uniquely affect system and meets the requirements of request from the Field Supervisor, small governments, because only sections 3(a) and 3(b)(2) of the Order. Oregon Fish and Wildlife Office (see Federal lands are involved in the We have proposed revised critical ADDRESSES section).

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Author(s) develop these characteristics, to meet subspecies’ range, some younger stands The primary authors of this package the home range needs of territorial pairs without all these attributes are used for are the staff of the U.S. Fish and of northern spotted owls throughout the foraging, especially in the southern Wildlife Service. year. A home range must provide all of portion of the range. Some younger the habitat components and prey stands may have high prey abundance List of Subjects in 50 CFR Part 17 needed to provide for the survival and and some structural attributes similar to Endangered and threatened species, successful reproduction of a resident those of older forests, such as moderate Exports, Imports, Reporting and breeding pair of northern spotted owls. tree density, subcanopy perches at recordkeeping requirements, The three habitat components required multiple levels, multi-layered Transportation. within the home range of a northern vegetation, or residual older trees. To be spotted owl include: fully functional for northern spotted Proposed Regulation Promulgation (A) Nesting habitat. Habitat that owls, foraging habitat generally contains Accordingly, we propose to amend includes a moderate to high canopy some roosting habitat attributes. part 17, subchapter B of chapter I, title closure (60 to 80 percent); a multi- (iii) Dispersal habitat. The dispersal of 50 of the Code of Federal Regulations, layered, multi-species canopy with large juveniles requires habitat supporting as set forth below: (generally greater than 30 inches (in) (76 both the transience and colonization centimeters (cm) diameter at breast phases. Habitat supporting the PART 17—[AMENDED] height (dbh)) overstory trees; a high transience phase of dispersal includes, 1. The authority citation for part 17 incidence of large trees with various at a minimum, stands with adequate continues to read as follows: deformities (e.g., large cavities, broken tree size and canopy closure to provide tops, mistletoe infections, and other Authority: 16 U.S.C. 1361–1407; 16 U.S.C. protection from avian predators and at 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– platforms); large snags; large least minimal foraging opportunities. 625, 100 Stat. 3500; unless otherwise noted. accumulations of fallen trees and other This may include younger and less woody debris on the ground; and diverse forest stands than foraging 2. In § 17.95(b), revise the entry for sufficient open space below the canopy ‘‘Northern Spotted Owl (Strix habitat (see paragraph (2)(ii)(C) of this for northern spotted owls to fly. Patches entry), such as even-aged, pole-sized occidentalis caurina)’’ to read as of nesting habitat, in combination with follows: stands. These stands still require the roosting habitat (see paragraph (2)(ii)(B) interspersion of some roosting 17.95 Critical habitat—fish and wildlife. of this entry) need to be sufficiently structures and foraging habitat to allow * * * * * large and contiguous to maintain for temporary resting and feeding during (b) Birds. northern spotted owl core areas and the movement phase. Habitat supporting home ranges, and be in a spatial * * * * * colonization is generally equivalent to arrangement with foraging habitat (see roosting and foraging habitat and is Northern Spotted Owl (Strix paragraph (2)(ii)(C) of this entry) that described in paragraphs (2)(ii)(B) and occidentalis caurina) allows efficient provisioning of young at (2)(ii)(C) of this entry, although it may (1) Critical habitat units are depicted the nest. be in smaller amounts than that needed for the States of Washington, Oregon, (B) Roosting habitat. Roosting habitat to support nesting pairs (see paragraph and California on the maps below. differs from nesting habitat in that it (2)(ii)(A) of this entry). Dispersal (2) The primary constituent elements need not contain those specific habitats will typically occur in the of critical habitat for the northern structural features used for nesting intervening areas between larger blocks spotted owl are: (cavities, broken tops, and mistletoe of forest that provide nesting, foraging, (i) Forest types known to support the platforms). As such, it generally and roosting habitats for resident northern spotted owl across its includes moderate to high canopy northern spotted owls. geographic range. These forest types closure; a multi-layered, multi-species (3) Critical habitat does not include include Sitka spruce, western hemlock, canopy; large accumulations of fallen manmade structures (e.g., buildings, mixed conifer and mixed evergreen, trees and other woody debris on the aqueducts, airports, and roads, grand fir, Pacific silver fir, Douglas-fir, ground; and sufficient open space below including the land on which they are white fir, Shasta red fir, redwood/ the canopy for northern spotted owls to located) existing on the effective date of Douglas-fir (in coastal California and fly. this rule and not containing one or more southwestern Oregon), and the moist (C) Foraging habitat. Foraging habitat of the primary constituent elements. provides a food supply for survival and end of the ponderosa pine coniferous (4) Critical habitat map units. The reproduction of northern spotted owls forests zones at elevations up to 3,000 designated critical habitat units for the and includes a wider array of forest ft (914 m) near the northern edge of the northern spotted owl are depicted on types than nesting and roosting habitat, range and up to about 6,000 ft (1,828 m) the maps below. at the southern edge. particularly more open and fragmented (ii) Forest types described in forests. While some foraging habitat has (5) Note: Index map of critical habitat paragraph (2)(i) of this entry that are of attributes that closely resemble those of units for the northern spotted owl in the sufficient area, quality, and nesting and roosting habitat, especially State of Washington (Map 1–A) follows: configuration, or that have the ability to in the northern portions of the 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 (Map 1–B) follows:

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(7) Note: Index map of critical habitat units for the northern spotted owl in the State of California (Map 1–C) follows:

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(8) Olympic Peninsula Unit (Unit 1). Peak, Maiden Peak, Matheny Ridge, Pysht, Winfield Creek, and Wynoochee Clallam, Grays Harbor, Jefferson, and Mount Deception, Mount Hoquiam, Lake. Mason Counties, Washington. From Mount Jupiter, Mount Muller, Mount (i) The Olympic Peninsula Unit USGS 1:24,000 scale quadrangles Olson, Mount Skokomish, Mount Tebo, consists of 331,741 ac (134,251 ha) in Anderson Creek, Brinnon, Bunch Lake, Mount Townsend, Mount Walker, Clallam, Jefferson, Mason, and Grays Burnt Hill, Colonel Bob, Deadmans Hill, Mount Washington, Mount Zion, Pysht, Harbor Counties, Washington, and is Eldon, Ellis Mountain, Elwha, Finley Reade Hill, Salmon River East, Slide Creek, Hunger Mountain, Indian Pass, comprised of lands managed by the Peak, Snider Peak, Stequaleho Creek, Olympic National Forest. Kloochman Rock, Lake Pleasant, Lake Stevens Creek, The Brothers, Twin Quinault East, Lake Quinault West, Lake (ii) Note: Map of Olympic Peninsula Rivers, Tyler Peak, Uncas, West of Sutherland, Larsen Creek, Lightning Unit (Map 2) follows:

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(9) Northwest Washington Cascades West, Groat Mountain, Grotto, Helena Pass, Twin Sisters Mountain, Verlot, Unit (Unit 2). King, Kittitas, Skagit, Ridge, Huckleberry Mountain, Illabot Welker Peak, White Chuck Mountain, Snohomish, and Whatcom Counties, Peaks, Lake Philippa, Lake Shannon, and Whitehorse Mountain. Washington. From USGS 1:24,000 scale Lime Mountain, Lost Lake, Mallardy (i) The Northwest Washington quadrangles Bacon Peak, Baker Pass, Ridge, Meadow Mountain, Monte Cristo, Cascades Unit consists of 410,872 ac Bandera, Baring, Bearpaw Mountain, Mount Baker, Mount Higgins, Mount (166,274 ha) in Whatcom, Skagit, Bedal, Benchmark Mountain, Big Devil Larrabee, Mount Phelps, Mount Sefrit, Peak, Big Snow Mountain, Blanca Lake, Mount Shuksan, Prairie Mountain, Pugh Snohomish, King, and Kittitas Counties, Cascade Pass, Chikamin Peak, Mountain, Rockport, Sauk Mountain, Washington, and is comprised of lands Darrington, Day Lake, Downey Scenic, Shuksan Arm, Silverton, managed by the Mt. Baker-Snoqualmie Mountain, Eldorado Peak, Evergreen Skykomish, Sloan Peak, Snoqualmie and Wenatchee National Forests. Mountain, Findley Lake, Finney Peak, Lake, Snoqualmie Pass, Snowking (ii) Note: Map of Northwest Cascades Fortson, Gee Point, Glacier, Glacier Peak Mountain, Sonny Boy Lakes, Stevens Unit (Map 3) follows:

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(10) Okanogan Unit (Unit 3). McCleod Mountain, Midnight (i) The Okanogan Unit consists of Whatcom, Okanogan, and Chelan Mountain, Oval Peak, Pasayten Peak, 115,638 ac (46,797 ha) in Whatcom, Counties, Washington. From USGS Pyramid Mountain, Robinson Mountain, Okanogan, and Chelan Counties, 1:24,000 scale quadrangles Azunite Saska Peak, Shull Mountain, Silver Washington, and is comprised of lands Peak, Big Goat Mountain, Brief, Falls, Silver Star Mountain, Slate Peak, managed by the Okanogan and Chikamin Creek, Crater Mountain, South Navarre Peak, Stormy Mountain, Wenatchee National Forests. Hoodoo Peak, Hungry Mountain, Martin and Thompson Ridge. (ii) Note: Map of Okanogan Unit (Map Peak, Mazama, McAlester Mountain, 4) follows:

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(11) Entiat Unit (Unit 4). Chelan and Leavenworth, Liberty, Mission Peak, Teanaway Butte, Tiptop, Trinity, Tyee Kittitas Counties, Washington. From Monitor, Mount David, Mount Howard, Mountain, Van Creek, and Winton. USGS 1:24,000 scale quadrangles Peshastin, Plain, Poe Mountain, Polallie (i) The Entiat Unit consists of 304,817 Benchmark Mountain, Blewett, Ridge, Red Top Mountain, Reecer ac (123,355 ha) in Chelan and Kittitas Cashmere Mountain, Chikamin Creek, Canyon, Ronald, Saska Peak, Schaefer Counties, Washington, and is comprised Chikamin Peak, Chiwaukum Mountains, Lake, Silver Falls, Stampede Pass, of lands managed by the Wenatchee and Cle Elum Lake, Davis Peak, Easton, Stevens Pass, Sugarloaf Peak, Swauk Mt. Baker-Snoqualmie National Forests. Enchantment Lakes, Jack Ridge, Kachess Pass, Swauk Prairie, Teanaway, (ii) Note: Map of Entiat Unit (Map 5) Lake, Labyrinth Mountain, follows:

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(12) Southwest Washington Cascades Mineral, Morton, Mossyrock, Mount (i) The Southwest Washington Unit (Unit 5). Clark, Cowlitz, King, Defiance, Mount Mitchell, Mount Wow, Cascades Unit consists of 523,710 ac Kittitas, Lewis, Pierce, Skamania, and Nagrom, Newautum Lake, Noble Knob, (211,938 ha) in King, Pierce, Thurston, Thurston Counties, Washington. From Norse Peak, Ohanapecosh Hot Springs, Lewis, Skamania, Cowlitz, Kittitas, and USGS 1:24,000 scale quadrangles Bare Packwood, Packwood Lake, Purcell Yakima Counties, Washington, and is Mountain, Bearhead Mountain, Big Mountain, Quartz Creek Butte, Randle, comprised of lands managed by the Mt. Huckleberry Mountain, Burnt Peak, Sawtooth Ridge, Siouxon Peak, Smith Baker-Snoqualmie, Gifford Pinchot, and Carson, Cedar Flats, Clear West Peak, Creek Butte, Spencer Butte, Spirit Lake Wenatchee National Forests. Cougar, East Canyon Ridge, Eatonville, East, Stabler, Steamboat Mountain, Sun French Butte, Gifford Peak, Goat Top, Sunrise, Tatoosh Lakes, (ii) Note: Map of Southwest Mountain, Greenhorn Buttes, Lester, Termination Point, The Rockies, Tower Washington Cascades Unit (Map 6) Little Huckleberry Mountain, Lone Rock, Wahpenayo Peak, White Pass, follows: Butte, Lookout Mountain, McCoy Peak, White River Park, and Willard.

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(13) Southeast Washington Cascades Huckleberry Mountain, Meeks Table, (58,031 ha) in Kittitas, Yakima, and Unit (Unit 6). Kittitas, Yakima, and Mount Adams East, Mount Clifty, Old Skamania Counties, Washington, and is Skamania Counties, Washington. From Scab Mountain, Pinegrass Ridge, Quartz comprised of lands managed by the USGS 1:24,000 scale quadrangles Mountain, Rimrock Lake, Ronald, Wenatchee and Gifford Pinchot National Bumping Lake, Cle Elum, Cougar Lake, Sleeping Beauty, Spiral Butte, Tieton Forests. Basin, Timberwolf Mountain, Trout Darland Mountain, Foundation Ridge, (ii) Note: Map of Southeast Lake, and White Pass. Frost Mountain, Goose Prairie, Guler Washington Cascades Unit (Map 7) Mountain, King Mountain, Little (i) The Southeast Washington Cascades Unit consists of 143,400 ac follows:

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(14) Northern Oregon Coast Ranges Head, Hellion Rapids, Herman Creek, (i) The Northern Oregon Coast Ranges Unit (Unit 7). Benton, Lane, Lincoln, Laurel Mountain, Mapleton, Marys Unit consists of 321,420 ac (130,074 ha) Polk, Tillamook, and Yamhill Counties, Peak, Mercer Lake, Mowrey Landing, in Tillamook, Yamhill, Polk, Lincoln, Oregon. From USGS 1:24,000 scale Neskowin, Neskowin OE W, Niagara Benton, and Lane Counties, Oregon, and quadrangles Alsea, Blaine, Cannibal Creek, Nortons, Prairie Peak, Sheridan, is comprised of lands managed by the Mountain, Cummins Peak, Devils Lake, Socialist Valley, Springer Mountain, Siuslaw National Forest (187,562 ac Digger Mountain, Dolph, Dovre Peak, Stony Mountain, Stott Mountain, (75,904 ha)) and Salem and Eugene Elk City, Eurchre Mountain, Falls City, Summit, Tidewater, Tiernan, Toledo Bureau of Land Management (BLM) Fanno Ridge, Five Rivers, Flat South, Trask Mountain, Triangle Lake, Districts (133,858 ac (54,170 ha)). Mountain, Grand Ronde, Grass Valsetz, Waldport, Walton, Warnicke (ii) Note: Map of Northern Oregon Mountain, Greenleaf, Harlan, Heceta Creek, Windy Peak, Wren, and Yachats. Coast Ranges Unit (Map 8) follows:

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(15) Southern Oregon Coast Ranges Mapleton, North Fork, Old Blue, Oregon, and is comprised of lands Unit (Unit 8). Coos, Douglas, and Lane Reedsport, Roman Nose Mountain, managed by the Siuslaw National Forest Counties, Oregon. From USGS 1:24,000 Scottsburg, Sitkum, Smith River Falls, (67,751 ac (27,418 ha)) and Eugene, scale quadrangles Baldy Mountain, Tiernan, Tioga, Twin Sisters, and Tyee. Roseburg, and Coos Bay BLM Districts Callahan, Clay Creek, Coos Mountain, (i) The Southern Oregon Coast Ranges (136,525 ac (55,250 ha)). Deer Head Point, Dora, Goodwin Peak, Unit consists of 204,276 ac (82,668 ha) (ii) Note: Map of Southern Oregon Gunter, Kellogg, Kelly Butte, Loon Lake, in Lane, Coos, and Douglas Counties, Coast Ranges Unit (Map 9) follows:

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(16) Western Oregon Cascades North Creek Mountain, Government Camp, (i) The Western Oregon Cascades Unit (Unit 9). Clackamas, Hood River, Harter Mountain, Hickman Butte, High North Unit consists of 334,738 ac Linn, Marion, and Multnomah Counties, Rock, Idanha, Lawhead Creek, Marion (135,464 ha) in Linn, Marion, Oregon. From USGS 1:24,000 scale Forks, Mother Lode Mountain, Mount Clackamas, Hood River, and Multnomah quadrangles Bagby Hot Spring, Battle Bruno, Mount Defiance, Mount Counties, Oregon, and is comprised of Ax, Bedford Point, Bonneville Dam, Jefferson, Mount Lowe, Mount Mitchell, lands managed by the Mt. Hood and Breitenbush Hot Springs, Brightwood, Multnomah Falls, Olallie Butte, Willamette National Forests. Bull of the Woods, Bull Run, Bull Run Quartzville, Rhododendron, Tamolitch Lake, Carpenter Mountain, Carson, Falls, Tanner Butte, Three Lynx, Tidbits (ii) Note: Map of Western Oregon Chimney Peak, Coffin Mountain, Dee, Mountain, Timothy Lake, Upper Soda, Cascades North Unit (Map 10) follows: Detroit, Echo Mountain, Elkhorn, Fish Wahtum Lake, and Wolf Peak.

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(17) Hood River Unit (Unit 10). Friend, Mount Hood South, Parkdale, Wasco Counties, Oregon, and is Clackamas, Hood River, and Wasco Post Point, Wapinitia Pass, and Wolf comprised of lands managed by the Mt. Counties, Oregon. From USGS 1:24,000 Run. Hood National Forest. scale quadrangles Badger Lake, Dog (i) The Hood River Unit consists of (ii) Note: Map of Hood River Unit River, Fivemile Butte, Flag Point, 42,863 ac (17,273 ha) in Hood River and (Map 11) follows:

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(18) Eastern Oregon Cascades Unit Hamner Butte, Irish Mountain, Marion Jefferson, Deschutes, and Klamath (Unit 11). Deschutes, Jefferson, and Lake, Mount Washington, Odell Butte, Counties, Oregon, and is comprised of Klamath Counties, Oregon. From USGS Odell Lake, Prairie Farm Spring, Shitike lands managed by the Deschutes 1:24,000 scale quadrangles Black Butte, Butte, The Twins, Three Creek Butte, National Forest. Three Fingered Jack, and Trout Creek Black Crater, Candle Creek, Crane (ii) Note: Map of Eastern Oregon Butte. Prairie Reservoir, Crescent Lake, Cryder Cascades Unit (Map 12) follows: Butte, Davis Mountain, Elk Lake, (i) The Eastern Oregon Cascades Unit consists of 106,665 ac (43,166 ha) in

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(19) Western Oregon Cascades South Mountain, Holland Point, Huckleberry Mountain, Warner Mountain, Westfir Unit (Unit 12). Douglas, Jackson, Lane, Mountain, Illahee Rock, Irish Mountain, West, and Whetstone Point. and Linn Counties, Oregon. From USGS Linton Lake, McCredie Springs, (i) The Western Oregon Cascades 1:24,000 scale quadrangles Abbott Butte, McKenzie Bridge, Mount David South Unit consists of 448,403 ac Acker Rock, Bearbones Mountain, Douglas, Mount June, Nimrod, North (181,463 ha) in Jackson, Douglas, Lane, Belknap Springs, Blair Lake, Buckeye Sister, Oakridge, Potter Mountain, and Linn Counties, Oregon, and is Lake, Butler Butte, Chucksney Quartz Mountain, Ragsdale Butte, Red comprised of lands managed by the Mountain, Clear Lake, Cougar Reservoir, Butte, Reynolds Ridge, Rigdon Point, Willamette, Umpqua, and Rogue River Deadman Mountain, Diamond Peak, Saddleblanket Mountain, Sardine Butte, National Forests (448,324 ac (181,406 Dumont Creek, Fall Creek Lake, Fish Sinker Mountain, Staley Ridge, ha)) and Eugene BLM Districts (79 ac Creek Desert, Fish Mountain, French Steamboat, Sugarpine Creek, Taft (32 ha)). Mountain, Goat Point, Groundhog Mountain, Toketee Falls, Twin Lakes (ii) Note: Map of Western Oregon Mountain, Hamaker Butte, Harvey Mountain, Union Creek, Waldo Cascades South Unit (Map 13) follows:

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(20) Willamette/North Umpqua Unit Drain, Elkton, Fairview Peak, Gunter, of lands in Lane and Douglas Counties, (Unit 13). Douglas and Lane Counties, Harness Mountain, Harrington Creek, Oregon, and is comprised of lands Oregon. From USGS 1:24,000 scale High Point, Letz Creek, Putnam Valley, managed by the Eugene and Roseburg quadrangles Beaver Creek, Blue Scaredman Creek, Scotts Valley, and BLM Districts. Mountain, Burnt Mountain, Chilcoot Silica Mountain. (ii) Note: Map of Willamette/North Mountain, Clay Creek, Cottage Grove, (i) The Willamette/North Umpqua Umpqua Unit (Map 14) follows: Cottage Grove Lake, Crow, Curtin, Unit consists of 119,637 ac (48,415 ha)

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(21) Rogue/Umpqua Unit (Unit 14). Mountain, McCullough Creek, Merlin, comprised of lands managed by the Douglas and Josephine Counties, Milo, Mount Peavine, Mount Reuben, Umpqua National Forest (13,147 ac Oregon. From USGS 1:24,000 scale Nickel Mountain, Onion Mountain, (5,320 ha)) and Roseburg and BLM quadrangles Bunker Creek, Canyonville, Quines Creek, Rabbit Mountain, Richter Medford Districts (152,357 ac (61,657 Cedar Springs Mountain, Chipmunk Mountain, Starvout Creek, and Tiller. ha)). Ridge, Chrome Ridge, Days Creek, (i) The Rogue/Umpqua Unit consists (ii) Note: Map of Rogue/Umpqua Unit Dutchman Butte, Galice, Glendale, of 165,504 ac (66,977 ha) in Douglas and Hobson Horn, Kelsey Peak, Live Oak Josephine Counties, Oregon, and is (Map 15) follows:

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(22) Oregon Klamath Mountains Unit Divide, High Plateau Mountain, Horse Oregon, and 5,787 ac (2,342 ha) in the (Unit 15). Coos, Curry, and Josephine Sign Butte, Illahe, Kelsey Peak, Marial, northernmost portion of Del Norte Counties, Oregon. Del Norte County, Mount Bolivar, Mount Butler, Mount County, California. It is comprised of California. From USGS 1:24,000 scale Emily, Ophir Mountain, Pearsoll Peak, lands managed by the Siskiyou and Six quadrangles Agness, Barklow Mountain, Port Orford, Quail Prairie Mountain, Rivers National Forests (194,745 ac Big Craggies, Biscuit Hill, Bosley Butte, Silver Peak, Sixes, and York Butte. (78,810 ha)) and Coos Bay BLM District Brandy Peak, Chetco Peak, China Flat, (i) The Oregon Klamath Mountains (466 ac (188 ha)). Chrome Ridge, Collier Butte, Eden Unit is a total of 195,211 ac (79,215 ha), Valley, Eight Dollar Mountain, Father including 189,424 ac (76,657 ha) in (ii) Note: Map of Oregon Klamath Mountain, Fourth of July Creek, High Coos, Curry, and Josephine Counties, Mountains Unit (Map 16) follows:

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(23) Klamath Intra-Province Unit Oregon Caves, Siskiyou Peak, Talent, California. It is comprised of lands (Unit 16). Jackson and Josephine and Williams. managed by the Rogue-Siskiyou and Counties, Oregon. Siskiyou County, (i) The Klamath Intra-Province Unit is Klamath National Forests (57,977 ac California. From USGS 1:24,000 scale a total of 96,572 ac (39,081 ha), (23,462 ha)) and Medford BLM District quadrangles Ashland, Buckhorn Bally, including 90,437 ac (36,598 ha) in (38,595 ac (15,619 ha)). Condrey Mountain, Cottonwood Peak, Josephine and Jackson Counties, (ii) Note: Map of Klamath Intra- Dutchman Peak, Kerby Peak, Mount Oregon, and 6,135 ac (2,483 ha) in the Ashland, Murphy, Murphy Mountain, northern portion of Siskiyou County, Province Unit (Map 17) follows:

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(24) Southern Cascades Unit (Unit Bay, Pelican Butte, Prospect North, northern portion of Siskiyou County, 17). Jackson and Klamath Counties, Prospect South, Red Blanket Mountain, California. It is comprised of lands Oregon. Siskiyou County, California. Robinson Butte, Rustler Peak, Secret managed by Rogue-Siskiyou, Winema, From USGS 1:24,000 scale quadrangles Spring Mountain, Siskiyou Pass, Soda and Klamath National Forests (191,612 Brown Mountain, Copco, Crystal Spring, Mountain, and Willow Lake. ac (77,543 ha)) and Medford and Dewey Gulch, Imnaha Creek, Lake of the (i) The Southern Cascades Unit is a Lakeview BLM Districts (34,818 ac Woods North, Lake of the Woods South, total of 226,430 ac (91,634 ha), (14,090 ha)). Little Chinquapin Mountain, MacDoel, including 186,732 ac ( 75,568 ha) in Mount Ashland, Mount McLoughlin, Jackson and Klamath Counties, Oregon, (ii) Note: Map of Southern Cascades Panther Rock, Parker Mountain, Pelican and 39,698 ac (16,065 ha) in the Unit (Map 18) follows:

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(25) Coastal Redwoods Unit (Unit 18). (i) The Coastal Redwoods Unit comprised of lands managed by Six Del Norte County, California. From consists of 6,937 ac (2,807 ha) in Del Rivers National Forest. USGS 1:24,000 scale quadrangles Norte County, California, and is (ii) Note: Map of Coastal Redwoods Gasquet, Hiouchi, and Requa. Unit (Map 19) follows:

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(26) Coastal Humboldt Unit (Unit 19). Honeydew, Hydesville, Iaqua Buttes, Humboldt and Mendocino Counties, Humboldt, Mendocino, and Trinity Jewett Rock, Larabee Valley, Leggett, California, and is comprised of lands Counties, California. From USGS Lincoln Ridge, Mad River Buttes, managed by the BLM Arcata Field 1:24,000 scale quadrangles Bell Springs, McWhinney Creek, Noble Butte, Orrs Office. Springs, Tan Oak Park, and Weott. Boonville, Bridgeville, Bull Creek, Cahto (ii) Note: Map of Coastal Humboldt Peak, Ettersburg, Fields Landing, Harris, (i) The Coastal Humboldt Unit consists of 49,308 ac (19,954 ha) in Unit (Map 20) follows:

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(27) King Range Unit (Unit 20). Honeydew, Shelter Cove, Shubrick comprised of lands managed by the Humboldt and Mendocino Counties, Peak, and Shubrick Peak OE S. BLM Arcata Field Office. California. From USGS 1:24,000 scale (i) The King Range Unit consists of (ii) Note: Map of King Range Unit quadrangles Bear Harbor, Bear Harbor 40,308 ac (16,312 ha) in Humboldt and (Map 21) follows: OE W, Briceland, Cooskie Creek, Mendocino Counties, California, and is

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(28) South Fork Mountain Divide Unit Mountain, Lord-Ellis Summit, Naufus California, and is comprised of lands (Unit 21). Humboldt and Trinity Creek, Pony Buck Peak, Ruth Lake, Sims managed by the Six Rivers and Shasta- Counties, California. From USGS Mountain, Smoky Creek, Sportshaven, Trinity National Forests (141,054 ac 1:24,000 scale quadrangles Alderpoint, Swim Ridge, Willow Creek, and Zenia. (57,082 ha)) and BLM Arcata Field Black Lassic, Blake Mountain, Board (i) The South Fork Mountain Divide Office (4,126 ac (1,670 ha)). Camp Mountain, Dinsmore, Forest Glen, Unit consists of 141,180 ac (58,752 ha) (ii) Note: Map of South Fork Grouse Mountain, Hennessy Peak, Hupa in Humboldt and Trinity Counties, Mountain Divide Unit (Map 22) follows:

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(29) Eel-Russian River Unit (Unit 22). Peak, Jamison Ridge, Laytonville, Long California, and is comprised of lands Mendocino and Trinity Counties, Ridge, Mina, Newhouse Ridge, Thatcher managed by the BLM Ukiah and Arcata California. From USGS 1:24,000 scale Ridge, Willis Ridge, and Willits. Field Offices. quadrangles Bluenose Ridge, Brushy (i) The Eel-Russian River Unit (ii) Note: Map of Eel-Russian River Mountain, Covelo East, Foster consists of 21,940 ac (8,879 ha) in Unit (Map 23) follows: Mountain, Four Corners Rock, Iron Mendocino and Trinity Counties,

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(30) Mendocino Coast Ranges Unit Springs, Hall Ridge, Hull Mountain, (i) The Mendocino Coast Ranges Unit (Unit 23). Colusa, Glenn, Lake, Kneecap Ridge, Lake Pillsbury, Log consists of 215,105 ac (87,050 ha) in Mendocino, Tehama, and Trinity Spring, Mendocino Pass, Newhouse Mendocino, Lake, Colusa, Glenn, Counties, California. From USGS Ridge, North Yolla Bolly Mountains, Tehama, and Trinity Counties, 1:24,000 scale quadrangles Ball Plaskett Meadows, Plaskett Ridge, California, and is comprised of lands Mountain, Bartlett Mountain, Black Potato Hill, Potter Valley, Riley Ridge, managed by the Mendocino National Rock Mountain, Brushy Mountain, Buck Saint John Mountain, Sanhedrin Forest. Rock, Crockett Peak, Elk Mountain, Mountain, Thatcher Ridge, Van Arsdale (ii) Note: Map of Mendocino Coast Felkner Hill, Foster Mountain, Fouts Reservoir, and Wrights Ridge. Ranges Unit (Map 24) follows:

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(31) Western Klamath-Siskiyou Hyampom Mountain, Ironside (87,178 ha) in Del Norte, Humboldt, Mountains Unit (Unit 24). Del Norte, Mountain, Jim Jam Ridge, Johnsons, Trinity, Shasta, and Siskiyou Counties, Humboldt, Shasta, Siskiyou, and Trinity Junction City, Lonesome Ridge, Mount California, and is comprised of lands Counties, California. From USGS Hilton, Orleans, Orleans Mountain, managed by the Six Rivers and Shasta- 1:24,000 scale quadrangles Bark Shanty Pony Buck Peak, Prescott Mountain, Trinity National Forests (236,460 ac Gulch, Big Bar, Broken Rib Mountain, Rush Creek Lakes, Salmon Mountain, (95,692 ha)) and BLM Redding Field Chanchelulla Peak, Dedrick, Dees Peak, Salyer, Shelly Creek Ridge, Ship Office (3,670 ac (1,485 ha)). Del Loma, Denny, Devils Punchbowl, Mountain, Somes Bar, Thurston Peaks, Tish Tang Point, Trinity Mountain, (ii) Note: Map of Western Klamath- Fish Lake, Hayfork, Hayfork Bally, Siskiyou Mountains Unit (Map 25) Helena, Hopkins Butte, Hossimbim Weitchpec, and Wildwood. (i) The Western Klamath-Siskiyou follows: Mountain, Hurdygurdy Butte, Mountains Unit consists of 240,130 ac

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(32) Scott and Salmon Mountains Grider Valley, Hamburg, Horse Creek, (i) The Scott and Salmon Mountains Unit (Unit 25). Siskiyou County, Huckleberry Mountain, Indian Creek Unit is a total of 242,450 ac (98,116 ha), California. Josephine County, Oregon. Baldy, Kangaroo Mountain, McKinley including 242,292 ac (98,052 ha) in From USGS 1:24,000 scale quadrangles Mountain, Medicine Mountain, Orleans Siskiyou County, California, and 158 ac Boulder Peak, Cecilville, Clear Creek, Mountain, Russell Peak, Sawyers Bar, (64 ha) in Josephine County, Oregon, Deadman Peak, Deadman Point, Dillon Scott Bar, Seiad Valley, Slater Butte, and is comprised of lands managed by Mountain, Dutch Creek, Eaton Peak, Somes Bar, Tanners Peak, Ukonom the Klamath National Forest. English Peak, Etna, Figurehead Lake, Ukonom Mountain, and Yellow (ii) Note: Map of Scott and Salmon Mountain, Forks of Salmon, Dog Point. Grasshopper Ridge, Grayback Mountain, Mountains Unit (Map 26) follows:

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(33) Trinity Divide Unit (Unit 26). (i) The Trinity Divide Unit consists of (ii) Note: Map of Trinity Divide Unit Siskiyou County, California. From 13,870 ac (5,613 ha) in Siskiyou County, (Map 27) follows: USGS 1:24,000 scale quadrangles Billys California, and is comprised of lands Peak, Callahan, Deadman Peak, managed by the Klamath National Grasshopper Ridge, and Scott Mountain. Forest.

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(34) Shasta-Trinity Lakes Unit (Unit Papoose Creek, Rush Creek Lakes, and is comprised of lands managed by 27). Shasta and Trinity Counties, Schell Mountain, Siligo Peak, Tangle the Shasta-Trinity National Forest California. From USGS 1:24,000 scale Blue Lake, Trinity Center, Trinity Dam, (85,730 ac (34,694 ha)) and BLM quadrangles Carrville, Covington Mill, Whisky Bill Peak, and Ycatapom Peak. Redding Field Office (1,090 ac (441 ha)). (i) The Shasta-Trinity Lakes Unit Damnation Peak, French Gulch, (ii) Note: Map of Shasta-Trinity Lakes Lamoine, Lewiston, Mumbo Basin, consists of 86,819 ac (35,134 ha) in Shasta and Trinity Counties, California, Unit (Map 28) follows:

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(35) Eastern Klamath Mountains Unit Gap, Grizzly Peak, Lake McCloud, in Shasta and Siskiyou Counties, (Unit 28). Shasta and Siskiyou Counties, Minnesota Mountain, Mount Eddy, California, and is comprised of lands California. From USGS 1:24,000 scale Roaring Creek, Seven Lakes Basin, managed by the Shasta-Trinity and quadrangles Big Bend, Chicken Hawk Shoeinhorse Mountain, Skunk Ridge, Klamath National Forests. Tombstone Mountain, Weed, and Hill, China Mountain, City of Mount (ii) Note: Map of Eastern Klamath Yellowjacket Mountain. Shasta, Dead Horse Summit, Devils Mountains Unit (Map 29) follows: Rock, Dunsmuir, Girard Ridge, Goose (i) The Eastern Klamath Mountains Unit consists of 110,756 ac (44,821 ha)

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(36) Shasta/McCloud Unit (Unit 29). Summit, Elk Spring, Grizzly Peak, Horse Shasta Counties, California, and is Shasta and Siskiyou Counties, Peak, Kinyon, Little Glass Mountain, comprised of lands managed by the California. From USGS 1:24,000 scale McCloud, Mount Shasta, Rainbow Klamath and Shasta-Trinity National quadrangles Ash Creek Butte, Bartle, Mountain, Skunk Ridge, and Tennant. Forests. Burney, Burney Falls, Chalk Mountain, (i) The Shasta/McCloud Unit consists (ii) Note: Map of Shasta/McCloud City of Mount Shasta, Dead Horse of 73,316 ac (29,670 ha) in Siskiyou and Unit (Map 30) follows:

* * * * * Dated: May 31, 2007. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 07–2805 Filed 6–11–07; 8:45 am] BILLING CODE 4310–55–C

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