<<

63720 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

DEPARTMENT OF THE INTERIOR and Wildlife Service, Oregon Fish and sent a letter to Noah Greenwald, Center Wildlife Office, 2600 S.E. 98th Ave., for Biological Diversity, acknowledging Fish and Wildlife Service Suite 100, Portland, OR 97266; our receipt of the petition and providing telephone 503–231–6179; facsimile our determination that emergency 50 CFR Part 17 503–231–6195. Please submit any new listing was not warranted for the species [Docket No. FWS–R1–ES–2008–0086; information, materials, comments, or at that time. 92210–5008–3922–10–B2] questions concerning this finding to the On October 28, 2008, we published a above street address. 90-day finding for the dusky tree in Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Paul the Federal Register (73 FR 63919). We and Plants; 12-Month Finding on a Henson, Ph.D., Field Supervisor, U.S. found that the petition presented Petition To List a Distinct Population Fish and Wildlife Service, Oregon Fish substantial information indicating that Segment of the Red as and Wildlife Office (see ADDRESSES listing one of the following three entities Endangered or Threatened section). If you use a as endangered or threatened may be telecommunications device for the deaf warranted: AGENCY: Fish and Wildlife Service, (1) The dusky tree vole subspecies of (TDD), call the Federal Information Interior. the ; ACTION: Notice of 12-month petition Relay Service (FIRS) at 800–877–8339. (2) The North Oregon Coast DPS of finding. SUPPLEMENTARY INFORMATION: the red tree vole; or Background (3) The red tree vole because it is SUMMARY: We, the U.S. Fish and endangered or threatened in a Wildlife Service (Service), announce a Section 4(b)(3)(B) of the Endangered significant portion of its range. 12-month finding on a petition to list a Species Act (Act) (16 U.S.C. 1531 et As a result of that finding, we also distinct population segment of the red seq.) requires that, for any petition to initiated a status review of the species, tree vole (Arborimus longicaudus) as revise the Federal Lists of Endangered including an evaluation of the North endangered or threatened and to and Threatened Wildlife and Plants that Oregon Coast population of red tree vole designate critical habitat under the contains substantial scientific and and the red tree vole throughout its Endangered Species Act of 1973, as commercial information indicating that range. This notice constitutes our 12- amended (Act). The Petition provided listing may be warranted, we make a month finding for the petition to list the three listing options for the Service to finding within 12 months of the date of dusky tree vole as endangered or consider: Listing the dusky tree vole receipt of the petition on whether the threatened. subspecies throughout its range; listing petitioned action is: (1) Not warranted; the North Oregon Coast population of (2) warranted; or (3) warranted, but the Species Information the red tree vole (Arborimus immediate proposal of a regulation As a putative subspecies, the dusky longicaudus) as a distinct population implementing the petitioned action is tree vole is a member of the red tree vole segment (DPS); or listing the red tree precluded by other pending proposals to taxon. Some of the scientific literature is vole because it is endangered or determine whether species are specific to the ‘‘dusky tree vole,’’ but threatened in a significant portion of its endangered or threatened, and much of it describes the red tree vole range. expeditious progress is being made to and does not distinguish among After review of the best available add or remove qualified species from subspecies. For that reason, available scientific and commercial information, the Federal Lists of Endangered and information on the red tree vole is we have determined that listing the Threatened Wildlife and Plants. Section presented below with the assumption North Oregon Coast population of the 4(b)(3)(C) of the Act requires that we that it also applies to the dusky tree red tree vole as a DPS is warranted. treat a petition for which the requested vole. If the information source makes However, the development of a action is found to be warranted but distinctions between the two, they are proposed listing rule is precluded by precluded as though resubmitted on the noted, as appropriate. Published higher priority actions to amend the date of such finding; that is, requiring a literature on the red tree vole also Lists of Endangered and Threatened subsequent finding to be made within includes work conducted on the closely Wildlife and Plants. Upon publication 12 months. We must publish these 12- related Sonoma tree vole (Arborimus of this 12-month petition finding, we month findings in the Federal Register. pomo). Prior to 1991, these taxa were will add this DPS of the red tree vole to both considered red tree vole (Johnson Previous Federal Actions our candidate species list. We will and George 1991, entire). Where develop a proposed rule to list this DPS On June 22, 2007, we received a pertinent information is lacking or of the red tree vole as our priorities petition dated June 18, 2007, from the limited for the red tree vole, information allow. We will make any determination Center for Biological Diversity and six on the Sonoma tree vole is presented on critical habitat during development other organizations and individuals because there have been no ecological or of the proposed listing rule. In any (hereafter, ‘‘the petitioners’’), requesting life-history differences noted for the two interim period, we will address the that we list the dusky tree vole as an species (Smith et al. 2003, p. 187). status of the candidate taxon through endangered or threatened species and Tree are small, mouse-sized our annual Candidate Notice of Review designate critical habitat. The that live in conifer forests and (CNOR). petitioners requested that if we found spend almost all of their time in the tree DATES: This finding was made on the dusky tree vole was not a listable canopy. Tree voles rarely come to the October 13, 2011. entity as a subspecies, we either list the ground, and do so only to move briefly ADDRESSES: This finding is available on North Oregon Coast population of the between trees. They are one of the few the Internet at http:// red tree vole as a distinct population to persist on a diet of conifer www.regulations.gov. Supporting segment (DPS), or list the red tree vole needles, which is their principal food. documentation we used in preparing because it is endangered or threatened When eating, tree voles strip away the this finding is available for public in a significant portion of its range, resin ducts within conifer needles and inspection, by appointment, during including the North Oregon Coast eat the remaining portion; resin ducts normal business hours at the U.S. Fish population. On September 26, 2007, we contain terpenoid chemicals that make

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63721

them unpalatable to most species. Red found in Tillamook County and Cascade Range to the east (Miller et al. tree voles live singly (or with young, in originally classified as a distinct 2006a, Fig.1, pp. 146, 151–152). the case of females) in nests made of species, P. silvicolus (Howell 1921, Although Miller et al. (2006a, entire) vegetation and other materials. Swingle entire), later renamed P. silvicola (Miller found genetic discontinuities in the red (2005, p. 2) summarized the sizes of red 1924, p. 400). Taylor (1915, p. 156) tree vole in Oregon, the authors did not tree vole nests as ranging from ‘‘very established the subgenus Arborimus for comment on the taxonomic status of the small ephemeral structures about the tree voles, which Johnson (1968, p. 27; species. Subsequent conversations with size of a grapefruit, to large old maternal 1973, p. 243) later proposed elevating to the geneticists who authored this paper nests that may be nearly as large as a full generic rank, although this genus indicated that the genetic differences bushel basket and completely encircle has not been universally adopted (e.g., described in Miller et al. (2006a, entire) the trunk of the tree (Taylor 1915; Verts and Carraway 1998, pp. 309–311). were substantial enough to potentially Howell 1926; Verts and Carraway For the purpose of this finding, we use warrant taxonomically classifying the 1998).’’ Nests of females tend to be the generic classification, Arborimus, three genetically distinct groups as larger than those of males. Males and adopted by the petitioners. separate subspecies if there were Johnson (1968, p. 27) concluded that females live separate lives once leaving corresponding differences in other analysis of blood proteins and the nest, only coming together to breed. traits, such as behavior or morphology, Further details of the life-history hemoglobin from dusky and red tree voles ‘‘* * * suggested combining the to provide additional support (Miller characteristics of tree voles are and Haig 2009, pers. comm.). Recent presented below. named forms of Arborimus into a single species * * *’’. Hall (1981, p. 788) cited review of external morphological and Description Johnson (1968, p. 27) as suggesting a characters by Miller et al. (2010, entire) did not distinguish dusky tree voles Tree voles are less than 8.2 inches (in) ‘‘subspecific relationship of the two from red tree voles, but the authors (209 millimeters (mm)) long and weigh taxa,’’ and others have cited Johnson as noted that additional analysis of other up to 1.7 ounces (oz) (49 grams (g)) well in supporting the classification of physical characteristics (e.g., fur color) (Hayes 1996, p. 1; Verts and Carraway the dusky tree vole as a subspecies (e.g., would be required to better determine 1998, p. 301; Forsman 2010, pers. Maser and Storm 1970, p. 64; Johnson the dusky tree vole’s taxonomic status. comm.). Pelage (fur) color ranges from and George 1991, p. 1). However, based The Integrated Taxonomic Information brownish red to bright brownish-red or on a lack of detectable genetic System (ITIS), a database maintained by orange-red (Maser et al. 1981, p. 201). differences and a lack of consistently a partnership of U.S., Canadian, and The darker coat color has been verifiable morphological differences Mexican agencies, other organizations, attributed to the dusky tree vole (Bailey between dusky and red tree voles, and taxonomic specialists to provide 1936, p. 198; Maser et al. 1981, p. 201). Bellinger et al. (2005, p. 207) suggested scientifically credible taxonomic Melanistic (all black) forms of the dusky subspecific status of the dusky tree vole information, does not recognize the (Hayes 1996, p. 1) and red tree vole may not be warranted. dusky tree vole as a subspecies of the (Swingle 2005, p. 46), as well as cream- Miller et al. (2006a, entire) analyzed red tree vole (information retrieved 15 colored red tree voles (Swingle 2005, p. mitochondrial DNA sequences from red March 2011, from the ITIS database). 82), rarely occur. tree voles throughout their range in Howell (1926, p. 35) described several Oregon. This study was not designed to Wilson and Reeder (2005, entire) is the physical differences between voles address red tree vole taxonomy, but industry standard for mammalian described as dusky tree voles and red rather, how historical processes may taxonomy. Subspecies were not tree voles. These differences include have affected the genetic diversity and recognized until the most recent edition, coat color, as well as skull and dental structure of the red tree vole across published in 2005. Although Wilson characteristics. However, Howell (1926, much of its range. The authors found and Reeder (2005, pp. 962–963) p. 34) based his description of the red significant genetic discontinuities based recognize the dusky tree vole as a tree vole on the observations of 40 tree on unique haplotypes that result in subspecies, the more recent research on voles, 32 of which were from California. three genetically distinct groupings of tree vole genetics and analyses At least 28 of the California tree voles red tree voles. A primary discontinuity attempting to clarify the taxonomic were collected from Carlotta, Humboldt divided the red tree vole’s range into a status of the dusky tree vole have only County, within the range of what is now northern and a southern region in terms become available subsequent to that considered the Sonoma tree vole of genetic makeup as determined from review, and therefore were not (Howell 1926, p. 41; Blois and Arbogast mitochondrial DNA. Some overlap of considered at the time that volume was 2006, pp. 953–956). Howell’s these two genetic groups occurred, but published. description of the red tree vole was in general, red tree voles north of Range and Distribution therefore based on a collection that was Douglas and southeastern Lane Counties actually comprised primarily of Sonoma were genetically different from tree Tree voles are endemic to the humid, tree voles, rendering the comparison to voles to the south (Miller et al. 2006a, coniferous forests of western Oregon dusky tree voles of questionable value. Fig.1, pp. 146, 151–152). There are no and northwestern California (Maser The taxonomic history of red and known geographic or geological features 1966, p. 7). The red tree vole occurs in dusky tree voles is complex; a that coincide with this genetic western Oregon from below the crest of comprehensive description can be discontinuity that might explain this the Cascade Range to the Pacific coast found in Miller et al. (2010, pp. 64–65). genetic break. The northern genetic (Hayes 1996, p. 2; Verts and Carraway The red tree vole was first described group was further subdivided by a 1998, pp. 309–310), with a geographic from a specimen collected in Coos secondary discontinuity that coincided range covering approximately 16.3 County, Oregon (True 1890, pp. 303– with the Willamette Valley, a non- million acres (ac) (6.6 million hectares 304), and originally placed in the genus forested barrier currently separating (ha)) across multiple ownerships (USDA Phenacomys. The dusky tree vole was individuals in the northern Oregon and USDI 2007, p. 287) (Figure 1). first described from a dead specimen Coast Range to the west from the BILLING CODE 4310–55–P

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63722 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

BILLING CODE 4310–55–C the boundary between the two species northern limit of its historical The southern boundary of the range of to be the Klamath River in northwestern distribution in northwestern Oregon is the red tree vole borders the range of the California. A recent mitochondrial DNA unclear. Within the Oregon Coast Range, Sonoma tree vole, which Johnson and analysis supports the classification of the northernmost tree vole collection George (1991, p. 12) classified as a tree voles in northwestern California site was in the vicinity of Saddle separate species from the red tree vole. (Del Norte County) as Arborimus Mountain in central Clatsop County Johnson and George (1991, pp. 11–12) longicaudus (Blois and Arbogast 2006, (Verts and Carraway 1998, pp. 310, 546; suggested the break between the ranges pp. 956, 958). Forsman and Swingle 2009, pers. of these two species was the Klamath The red tree vole has not been found comm.). Although no tree voles have Mountains along the Oregon-California north of the Columbia River (Verts and been detected in recent search efforts in border. Murray (1995, p. 26) considered Carraway 1998, p. 309), but the actual northern Clatsop and Columbia

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 EP13OC11.000 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63723

Counties (Forsman and Swingle 2009, pp. 297–298; USDA and USDI 2007, p. Swingle and Forsman 2009, entire). Of unpublished data), the area historically 289). 45 radio-collared red tree voles, 18 had had extensive forests with large Red tree voles are generally restricted home ranges consisting of their nest tree Douglas-fir (Pseudotsuga menziesii) and to lower elevation coniferous forests, and a few adjacent trees, whereas the western hemlock (Tsuga heterophylla) although there are a few records of this remainder occupied up to 6 different trees conducive to tree vole habitat species above 4,265 feet (ft) (1,300 nests spaced up to 532 ft (162 m) apart (Robbins 1997, pp. 205–206). Therefore, meters (m)) (Manning and Maguire in different trees (Swingle and Forsman we believe it is reasonable to assume 1999, entire; Forsman et al. 2004, p. 2009, p. 277). Mean and median home that tree voles were present in those 300). Hamilton (1962, p. 503) suggested ranges were 0.43 ac (0.17 ha) and 0.19 areas prior to the late 1800s and early red tree voles may be limited to lower ac (0.08 ha), respectively (Swingle and 1900s when virtually all old forests in elevations because their nests do not Forsman 2009, p. 278). Home range the region were clear-cut or burned. The provide adequate insulation during sizes did not differ among gender, age, Columbia River was considered winter. Because tree voles are active or among voles occurring in young (22– Oregon’s most productive logging center throughout the year, it is also possible 55 years old) versus old (110–260 years in the late 1800s (Robbins 1997, p. 220), they are absent from high-elevation old) forests (Swingle and Forsman 2009, and it is likely that virtually all of the areas because they find it difficult to pp. 277–279). An unpublished study suitable tree vole habitat in Clatsop, forage on limbs covered with snow and conducted by Brian Biswell and Chuck Columbia, and Washington Counties ice during winter (Forsman et al. 2004, Meslow found mean male home ranges was removed before tree vole p. 300). of 0.86 ac (0.35 ha) and mean female occurrence could be recorded. Whether The range of the putative dusky tree home ranges of 0.37 ac (0.15 ha) tree voles may persist undetected in vole is less clear than that of the red tree (Biswell and Meslow, unpublished data Columbia County and northern Clatsop vole. Johnson and George (1991, p. 12) referenced in USDA and USDI 2000b, p. County is not known at this time; described its range as restricted to the 8). Dispersal distances of nine subadults although not detected in the most recent western slope of the Coast Range in ranged from 10 to 246 ft (3 to 75 m) search efforts, tree voles may be Tillamook and Lincoln Counties. (Swingle 2005, p. 63). The longest overlooked if they are sparsely However, Maser (1966, p. 16) known straight-line dispersal distance distributed or few in number. summarized collection and nest records was for a subadult male who traveled for the dusky tree vole from locations Farther east, the red tree vole occurs 1,115 ft (340 m) over the course of 40 east of the crest of the Coast Range in the Columbia River Gorge from days (Biswell and Meslow, unpublished down to the western edge of the Wahkenna Creek to Seneca Fouts State data referenced in USDA and USDI Willamette Valley in Washington, 2000b, p. 8). Park, 4 miles (mi) (6 kilometers (km)) Yamhill, Polk, Benton, and Lane west of Hood River (Forsman et al. Counties. Maser (2009, pers. comm.) Habitat 2009b, p. 230). The red tree vole range believed the southern limit of the dusky Red tree voles are found exclusively had been described as west of the crest tree vole to be in the vicinity of the in conifer forests or in mixed forests of of the Cascade Range in Oregon (Corn Smith or Umpqua Rivers (western conifers and hardwoods (Hayes 1996, p. and Bury 1986, p. 405). However, recent Douglas County) based on a shift in vole 3). Throughout most of their range, they surveys have also found them just east behavior and habitat type. Brown (1964, are principally associated with Douglas- of the Cascade Range crest, in the p. 648) mentioned four dusky tree vole fir for foraging and nesting (Jewett 1920, headwaters of the Lake Branch of Hood museum specimens collected near p. 165; Bailey 1936, p. 195). However, River, 19 mi (30 km) southwest of the Molalla in Clackamas County east of the their nests have also been documented town of Hood River (Forsman et al. Willamette Valley. Howell (1926, p. 34) in Sitka spruce (Picea sitchensis) (Jewett 2009b, p. 227). referred to Stanley Jewett, a fellow 1920, p. 165), grand fir (Abies grandis), Surveys conducted for red tree voles naturalist, finding ‘‘unmistakable western hemlock, Pacific yew (Taxus by the Forest Service and the Bureau of evidence’’ of red tree voles in old nests brevifolia), and non-conifers such as Land Management as part of the Survey near Bonneville, in far eastern bigleaf maple (Acer macrophyllum) and and Manage program under the Multnomah County at the foot of the golden chinquapin (Castanopsis Northwest Forest Plan (NWFP) have Cascade Range, and then goes on to say, chrysophylla) (Swingle 2005, p. 31). provided additional information on the ‘‘Though this sign may possibly have Hardwoods are generally not recognized distribution of the red tree vole (USDA been of longicaudus, it is considered as an important habitat component and USDI 2007, p. 289). These surveys more likely to have been of silvicola.’’ (USDA and USDI 2002, p. 1). Tree vole indicate red tree voles are uncommon However, he did not elaborate on why nests are located in the forest canopy and sparsely distributed in much of the he concluded that it was indicative of and are constructed from twigs and northern Coast Range and northern the dusky tree vole. Maser (1966, p. 8) resin ducts discarded from feeding, as Cascade Range of Oregon. Forsman et al. observed that tree voles historically well as fecal pellets, lichens, dead twigs, (2004, p. 300) reached the same collected north of Eugene and west of and conifer needles (Howell 1926, p. 46; conclusion based on remains of red tree the Willamette Valley were typically Clifton 1960, pp. 53–60; Maser 1966, pp. voles in pellets of northern spotted classified as dusky tree voles, while 94–96; Gillesberg and Carey 1991, p. (Strix occidentalis caurina), although those collected north of Eugene and east 785; Forsman et al. 2009a, p. 266). On data were sparse from the northern of the Willamette Valley were almost all the occasions when tree voles nest in Oregon Coast Range compared to the identified as red tree voles. non-conifers or snags, they are virtually rest of the red tree vole’s range. Based always in trees that have limbs on these surveys and data from Home Range and Dispersal interconnected with adjacent live pellets, the eastern limit of red tree vole The only published data on home conifers where the voles can obtain food distribution in southwestern Oregon range sizes and dispersal come from red (Maser 1966, p. 78; Swingle 2005, p. 31). appears to include forested areas in tree voles radio-collared in the southern Within the northern Oregon Coast Josephine County and a narrow band Coast Range and southern Cascades of Range, primarily in the Sitka spruce along the western and northern edges of Douglas County in southwestern Oregon plant series (see Distinct Vertebrate Jackson County (Forsman et al. 2004, (Swingle 2005, pp. 51–63, 84–89; Population Segment Analysis for plant

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63724 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

series description), tree vole diet and required to sustain populations of the growth trees may be optimum tree vole nest tree species selection favors red tree vole over the long term. habitat because primary production is western hemlock and Sitka spruce There is no single description of red high and needles are concentrated, (Walker 1930, pp. 233–234; Forsman et tree vole habitat and a wide variety of providing maximum food availability al. 2008, Table 2; Forsman and Swingle terms have been used to describe the (Carey 1991, p. 8). In addition, old- 2009, pers. comm.; Maser 2009, pers. older forest stands the tree voles tend to growth canopy buffers weather changes comm.), although some vole nests have select (e.g., late-successional, old- and has high water-holding capacity, been found in Douglas-fir in this plant growth, large conifer, mature, providing fresh foliage and a water series (Howell 1921, p. 99; Jewett 1930, structurally complex). Where these source (Gillesberg and Carey 1991, pp. pp. 81–83; Forsman and Swingle 2009, terms appear in cited literature, or 786–787), as well as numerous cavities pers. comm.). where specific ages are referred to, we and large limbs that provide stable nest Based on their study of small refer to them in this analysis. Otherwise, substrates. habitat associations in the Oregon Coast we use the term ‘‘older forest’’ when As noted above, tree voles can be Range, Martin and McComb (2002, p. collectively referring to these stand found in younger forests, sometimes at 262) considered red tree voles to be conditions. In using the term ‘‘older fairly high densities (Howell 1926, pp. habitat specialists. In that study of forest,’’ we are not implying a specific 41–45: Maser 1966, pp. 216–217; forests of different patch types, red tree stand age that represents tree vole Thompson and Diller 2002, p. 95). It is voles selected ‘‘conifer large sawtimber habitat. Rather, we use the term to not understood how younger forests patch types’’ and landscapes that represent the mixture of old and large influence the abundance, persistence, or minimize fragmentation of mature trees, multiple canopy layers, snags and dispersal of red tree voles. Carey (1991, conifer forest (Martin and McComb other decay elements, understory p. 34) suggested younger forests were 2002, pp. 259, 261, 262). The vegetation development and biologically complex population sinks for red tree voles. classification scheme used by Martin structure and composition often found Based on surveys in young forests (22– and McComb (2002, p. 257) defines the in forests selected by tree voles. 55 years old) and observations of radio- The most extensive and intensive conifer large sawtimber patch type as collared tree voles, Swingle (2005, pp. analysis of red tree vole habitat forest patches with greater than 70 78, 94) and Swingle and Forsman (2009, associations on Federal lands percent conifer composition, more than pp. 283–284) concluded that some throughout the vole’s range found a 20 percent canopy cover, and mean young forests may be important habitat strong association between tree vole for tree voles, particularly in landscapes diameter at breast height (dbh) of greater nest presence and late-successional and where old forests have largely been than 21 in (53.3 cm) (it should be noted old-growth forest conditions (forests eliminated or currently exist in isolated that studies where researchers actually over 80 years old), with optimal red tree patches. However, Swingle (2005, pp. measured the canopy cover of stands vole habitat being especially rare (Dunk 78, 94) cautioned against using the used by red tree voles indicate the and Hawley 2009, p. 632). Throughout occasional presence of tree voles in minimum canopy cover requirements of their range on Federal land, the young forests to refute the importance of red tree voles are much higher, on the probability of red tree vole nest old forest habitats to tree voles. Young order of 53 to 66 percent (e.g., Swingle presence (Po) in the highest quality forest stands may serve as interim 2005, p. 39)). Red tree voles were most habitat (forest exhibiting late- habitat for tree voles and may provide abundant in contiguous mature conifer successional structural characteristics) connectivity between remnant patches forest (unfragmented landscapes), and was 7 times more than expected based of older forest, but whether younger were negatively affected by increasing on the proportional availability of that forests are capable of supporting viable patch densities at the landscape scale habitat, whereas in lowest quality, early- populations of tree voles over the long (Martin and McComb 2002, p. 262). seral forest conditions, Po was 7.6 times term is uncertain. The limited evidence Although red and Sonoma tree voles less than expected based on availability available suggests that tree vole occur and nest in young forests (Jewett (Dunk and Hawley 2009, p. 632). In occupation of younger forest stands may 1920, p. 165; Brown 1964, p. 647; Maser other words, red tree voles be relatively short-lived (Diller 2010, 1966, p. 40; Corn and Bury 1986, p. 404; demonstrated strong selection for pers. comm.) or intermittent (Hopkins Thompson and Diller 2002, entire; nesting in stands with older forest 2010, pers. comm.). Swingle and Forsman 2009, p. 277), characteristics, even though that forest After weighing all of the best available most comparisons of relative abundance type was relatively rare across the information, we conclude that although from pitfall trapping and nest presence landscape. Conversely, tree voles red tree voles may use younger forest data show increased occurrence in older avoided nesting in younger stand types types to some degree, the forests throughout the range of these that were much more common across preponderance of evidence suggests red species (Corn and Bury 1986, p. 404; the landscape. tree voles demonstrate strong selection Corn and Bury 1991, pp. 251–252; Trees containing tree vole nests are for forests with older forest conditions, Ruggiero et al. 1991, p. 460; Meiselman significantly larger in diameter and as well as contiguous forest conditions. and Doyle 1996, p. 38; Gomez and height than those without nests Whether tree voles can potentially Anthony 1998, p. 296; Martin and (Gillesberg and Carey 1991, p. 785; persist in younger forests over the long McComb 2002, p. 261; Jones 2003, p. 29; Meiselman and Doyle 1996, p. 36 for the term is unknown (USDA and USDI Dunk and Hawley 2009, entire). The Sonoma tree vole). Other forest 2007, p. 291). However, although the occurrence of active nests in remnant conditions associated with red tree vole data are limited, the available evidence older trees in younger stands indicates habitat include the number of large trees suggests that red tree voles likely do not the importance of legacy structural and variety of tree size distribution maintain long-term or consistent characteristics (USDA and USDI 2002, (Dunk and Hawley 2009, p. 632). Carey populations in younger stands (Diller p. 1). Although the bulk of the evidence (1991, p. 8) suggested that tree voles 2010, pers. comm.; Hopkins 2010, pers. points to forests with late-successional seem especially well-suited to the stable comm.). There is a relatively large body characteristics as important to the red conditions of old-growth Douglas-fir of evidence, on the other hand, that red tree vole, we lack specific data on the forests (multi-layered stands over 200 tree voles exhibit strong selection for minimum size of trees or stands years old, with decay elements). Old- areas of contiguous habitat exhibiting

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63725

conditions characteristics of older, forests in early-seral condition to by making the leaves unpalatable. Tree mature forests (Corn and Bury 1986, p. represent low-quality, transitional voles have adapted to their diet of 404; Corn and Bury 1991, pp. 251–252; habitat for red tree voles. In addition, conifer needles by stripping away these Ruggiero et al. 1991, p. 460; Meiselman we consider it likely that younger resin ducts and eating the more and Doyle 1996, p. 38; Gomez and forests only play a role as interim, low- palatable portion of the needle (Benson Anthony 1998, p. 296; Martin and quality habitat for red tree voles if they and Borell 1931, pp. 228–230; Perry McComb 2002, p. 261; Jones 2003, p. 29; occur in association with older forest 1994, pp. 453–454; Maser 1998, pp. Dunk and Hawley 2009, entire). We patches or remnants. 220–221; Kelsey et al. 2009, entire). therefore further conclude that Reproduction Resin ducts typically run the length of unfragmented forests with late- the needle, but may be located in successional characteristics are thus Red tree vole litter sizes are among different portions of the needle, most likely to provide for the long-term the smallest compared to other rodents depending on the tree species; this persistence of the species, and in this of the same subfamily, averaging 2.9 forces the tree vole to behave differently finding we consider these older forest young per litter (range 1 to 4) (Maser et depending on the tree species on which types as representative of high-quality al. 1981, p. 205; Verts and Carraway they forage. As an example, the resin habitat for the red tree vole. 1998, p. 310). Clifton (1960, pp. 119– ducts in Douglas-fir needles are located Tree voles may tolerate some forest 120) reported that captive tree voles along the outer edges of the needle, so fragmentation, but the point at which became sexually mature at 2.5 to 3.0 tree voles remove the outside edge and forest gaps become large enough to months of age. Females breed consume the remaining middle portion impede their movements or successful throughout the year, with most of the needle. Conversely, the resin dispersal is not known. Howell (1926, p. reproduction occurring between ducts of western hemlock are located 40) suggested that ‘‘considerable’’ February and September (Swingle 2005, away from the outside edges along the expanses of land without suitable trees p. 71). Red tree voles are capable of midline of the needle. Thus, voles are a barrier to tree vole movements. breeding and becoming pregnant foraging on hemlock needles will However, as noted earlier, known immediately after a litter is born (Clifton consume the outer edge of the needle dispersal distances for red tree voles are 1960, p. 130; Hamilton 1962, pp. 492– and discard the center (Clifton 1960, pp. quite short, ranging from 10 to 246 ft (3 495; Brown 1964, pp. 647–648), 35–45; Forsman and Swingle 2009, pers. to 75 m) (Swingle 2005, p. 63), with resulting in the potential for females to comm.; Kelsey et al. 2009, entire; Maser 1,115 ft (340 m) being the longest have two litters of differently aged 2009, pers. comm.). known dispersal distance (Biswell and young in their nests (Swingle 2005, p. Meslow, unpublished data referenced in 71; Forsman et al. 2009a, p. 270). Within the Sitka spruce plant series of USDA and USDI 2000b, p. 8). This Captive tree voles may have litters just the northern Oregon Coast Range of suggests that relatively small distances, over a month apart (Clifton 1960, p. Oregon, tree voles appear to prefer, and roughly less than 1,200 ft (366 m) 130). Forsman et al. (2009a, p. 270) perhaps require, a diet of western between forest patches, may serve as observed two female voles in the wild hemlock and Sitka spruce needles effective barriers to dispersal or that produced litters at 30 to 35 day (Walker 1930, p. 234; Forsman and recolonization for red tree voles. Radio- intervals. Young tree voles develop Swingle 2009, pers. comm.; Maser 2009, collared tree voles crossed logging more slowly than similar-sized rodents pers. comm.;). Voles in the Sitka spruce roads, first-order streams, and canopy of the same subfamily (Howell 1926, pp. plant series rarely forage on Douglas-fir, gaps up to 82 ft (25 m) wide (Biswell 49–50; Maser et al. 1981, p. 205), first even where it is available; foraging on and Meslow, unpublished data exiting the nest at 30 to 35 days old, and Douglas-fir only becomes more evident referenced in USDA and USDI 2000b, p. not dispersing until they are 47 to 60 where the Sitka spruce plant series 8; Swingle and Forsman 2009, p. 283). days old (Swingle 2005, p. 63; Forsman transitions into the adjacent western Some of these crossings occurred on et al. 2009a, pp. 268–269). hemlock series (Forsman and Swingle 2009, pers. comm.; Forsman and multiple occasions by a single vole. This Diet suggests that ‘‘small forest gaps’’ Swingle 2009, unpublished data). Maser (Swingle 2005, p. 79) may not greatly Tree voles are unique in that they feed (2009, pers. comm.) observed that tree impair tree vole movement, but exclusively on conifer needles and the voles adapted to a diet of western increasing gap size may be expected to tender bark of twigs that they harvest hemlock starved to death in captivity limit tree vole movement. In addition, from conifers. In most of their range, because they would not eat the Douglas- Swingle (2005, p. 79) suggested that the they feed primarily on Douglas-fir fir needles they were offered. Because necessity of descending to the ground to (Howell 1926, p. 52; Benson and Borell the resin ducts of western hemlock, cross openings may reduce survival. 1931, p. 230; Maser et al. 1981, p. 205). Sitka spruce, and Douglas-fir needles There are three records of red tree voles In portions of the northern coastal are in different locations on the needle, captured in clearcuts (Borrecco 1973, counties of Oregon (Lincoln, Tillamook, their removal requires a different pp. 34, 36; Corn and Bury 1986, pp. and Clatsop), tree voles also consume behavior depending on which species is 404–405; Verts and Carraway 1998, p. needles from western hemlock and Sitka being eaten (Clifton 1960, pp. 35–49; 310), in one case over 656 ft (200 m) spruce, and in some parts of their range Kelsey et al. 2009, entire). Maser (2009, from the forest edge. In two of these they feed on grand fir, bishop pine pers. comm.) suspected that voles raised instances, the authors suggested the (Pinus muricata), and introduced in stands of western hemlock never individuals were most likely in the act Monterrey pine (P. radiata) (Jewett learned the required behavior for eating of dispersing. 1920, p. 166; Howell 1926, pp. 52–53; Douglas-fir, although Walker (1930, p. In summary, based on our evaluation Walker 1930, p. 234; Wooster and Town 234) observed a captive vole raised on of the best scientific and commercial 2002, pp. 182–183; Forsman and hemlock needles that preferred hemlock data available, as detailed above, for the Swingle 2009, pers. comm.; Swingle but would eat fir or spruce in the purposes of this finding we consider 2010, pers. comm.). Conifer needles absence of hemlock. Conversely, voles older forests with late-successional contain filamentous resin ducts that are taken from Douglas-fir stands have been characteristics to represent high-quality filled with terpenoids, chemicals that observed to eat both Douglas-fir and habitat for red tree voles, and younger serve as defensive mechanisms for trees western hemlock in captivity (Clifton

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63726 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

1960, p. 44; Maser 2009, pers. comm.), in what appeared to be attempts to standard taxonomic distinctions and the although voles appear to be reluctant to capture voles. biological expertise of the Department switch between tree species (Walker Swingle et al. (2010, p. 259) estimated and the scientific community 1930, p. 234; Forsman 2010, pers. annual survival of radio-collared tree concerning the relevant taxonomic comm.). voles to be 15 percent. Little is known group’’ (50 CFR 424.11(a)). As Tree voles appear to obtain water about the vulnerability of red tree voles previously noted, we were petitioned to from their food and by licking water off to predators in different habitats. list the dusky tree vole as a subspecies of tree foliage (Clifton 1960, p. 49; Maser Swingle (2005, pp. 64, 90) found that of of the red tree vole. The petitioners 1966, p. 148; Maser et al. 1981, p. 205; 25 documented cases of predation on requested that if we found that the Carey 1996, p. 75). In keeping captive radio-collared voles, most occurred in dusky tree vole was not a listable entity Sonoma tree voles, Hamilton (1962, p. young (22–55 years old) forests as a subspecies, then we subsequently 503) noted that it was important to keep (Forsman and Swingle 2009, pers. consider whether it should be listed as leaves upon which they fed moist, comm.). Predation by weasels, which the North Oregon Coast DPS of the red otherwise the voles would lose weight accounted for 60 percent of the tree vole. Alternatively, the petitioners and die. The need for free water in the predation events, occurred only in the requested that the dusky tree vole be form of rain or dew on foliage may 22–55-year-old forests, and 80 percent protected by listing the red tree vole explain why the distribution of tree of the weasel predation was on female because it is endangered or threatened voles is limited to relatively humid voles. Most of the radio-collared sample in a significant portion of its range. The forests in western Oregon and California consisted of females and were in young analysis to determine whether this is a (Howell 1926, p. 40; Hamilton 1962, p. forest, so forest age and vole gender viable subspecies or DPS according to 503). However, there are no quantitative explained little of the variation in the section 3(16) of the Act follows. data (Forsman 2010, pers. comm.; data on water consumption by tree Subspecies Analysis voles, and some forests in which they Swingle 2010, pers. comm.). Although there was no statistical difference in There is no universally accepted occur (e.g., portions of southwestern predation rates among forest ages and definition of what constitutes a Oregon) have little rain or dew during vole gender, Swingle et al. (2010, p. subspecies, and the use of the term the summer months. How they are able 260) suspected weasel predation on tree subspecies may vary among taxonomic to persist under such conditions is voles may be inversely proportional to groups (Haig et al. 2006, entire). To be unclear. nest height. Tree vole nests tend to be operationally useful, subspecies must be Mortality found in the lower portion of the tree discernible from one another (i.e., crown (Gillesburg and Carey 1991, pp. diagnosable), not merely exhibit mean In the only quantitative study 785–786; Swingle 2005, pp. 29–30), and differences (Patten and Unitt 2002, pp. conducted to date, Swingle et al. (2010, tree vole nests tend to be higher above 28, 34). This element of p. 258) found that weasels (Mustela the ground in older stands or larger trees ‘‘diagnosability,’’ or the ability to spp.) were the primary predators of red than in younger stands or smaller trees consistently distinguish between tree voles. However, many other (Zentner 1966, pp. 18–20; Vrieze 1980, populations, is a common thread that animals feed on tree voles, including pp. 18, 32–33; Meiselman and Doyle runs through all subspecies concepts. It ringtails (Bassariscus astutus) 1996, p. 38; Swingle 2005, pp. 29–30). is important to use multiple sources of (Alexander et al. 1994, p. 97), fisher Thus, tree voles could be more prone to information when evaluating a taxon’s (Martes pennanti) (Golightly et al. 2006, predation in shorter trees that comprise status. The greater the concurrence p. 17), northern spotted owls (Forsman younger stands and limit the height of among multiple morphological, et al., 1984, p. 40), barred owls (Strix nests above the ground. Swingle et al. molecular, ecological, behavioral, and varia) (Wiens 2010, pers. comm.), and a (2010, p. 261) also suggested that female physiological characteristics, the higher variety of other nocturnal and diurnal tree voles may be more susceptible to the level of confidence in the taxonomic raptors (Miller 1933, entire; Maser predation than males because they classification (Haig et al. 2006, p. 1591). 1965a, entire; Maser 1965b, entire; occupy larger, more conspicuous nests To assess subspecies classification for Forsman and Maser 1970, entire; and spend more time outside the nest the dusky tree vole, we evaluated all the Reynolds 1970, entire; Graham and collecting food for their young. available data to determine whether the Mires 2005, entire). Other documented Other mortality sources include evidence points to a consistent predators include the Steller’s jay disease, old age, storms, forest fires, and separation of the putative dusky tree (Cyanocitta stelleri) (Howell 1926, p. logging (Maser et al. 1981, p. 206). Carey voles from the remaining population of 60), a gopher snake (Pituophis catenifer) (1991, p. 8) suggested that forest fires red tree voles. If the assessment of these (Swingle et al. 2010, p. 258), domestic and logging are far more important multiple characteristics provides a clear dogs (Canis familiaris) (Swingle et al. mortality factors than predation in and consistent separation of the putative 2010, p. 258), and house cats (Felis limiting vole abundance. dusky tree vole subspecies from the catus) (Swingle 2005, pp. 90–91). In remaining red tree vole population, Defining a Species Under the Act addition, Maser (1966, p. 164) found such that any individual from the range tree vole nests that had been torn apart Section 3(16) of the Act defines of the dusky tree vole would likely be and inferred the destruction was likely ‘‘species’’ to include any species or correctly assigned to that subspecies on caused by northern flying squirrels ‘‘subspecies of fish or wildlife or plants, the basis of the suite of characteristics (Glaucomys sabrinus), raccoons and any distinct population segment of analyzed, that evidence would be (Procyon lotor), western gray squirrels any species of vertebrate fish or wildlife considered indicative of a likely valid (Sciurus griseus), or Douglas’ squirrels which interbreeds when mature’’ (16 subspecies. (Tamiasciurus douglasii), apparently in U.S.C. 1532(16)). Our implementing search of young voles. Forsman (2010, regulations at 50 CFR 424.11 provide Geography pers. comm.) recorded video footage of further guidance for determining As described under Range and northern flying squirrels, western gray whether a particular taxon or Distribution, there is no clear squirrels, and Douglas’ squirrels chasing population is a species for the purposes demarcation for the range of the tree voles or tearing into tree vole nests of the Act: ‘‘[T]he Secretary shall rely on putative dusky tree vole. All

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63727

descriptions include the western slope definitively designates silvicola as a haplotype groups found in Miller et al. of the northern Oregon Coast Range, subspecies. While Hall (1981, p. 788) (2006a, entire) (see Genetics, above). typically Tillamook and Lincoln cited Johnson (1968, p. 27) as suggesting Maser (2007, pers. comm.; 2009, pers. Counties. Other descriptions expand a ‘‘subspecific relationship of the two comm.) postulated that the darker coat this range to include the east slope of taxa,’’ he also notes that this designation color in voles from the northern Oregon the Oregon Coast Range (Maser 1966, p. is a ‘‘provisional arrangement’’ because Coast Range was due to the denser, 16), and south to include the coastal of the existing uncertainty about the darker forests in which a darker coat portion of Douglas County (Maser 2009, relationship of the two taxa. provided a more cryptic coloration than a lighter coat color. Assuming this pers. comm.). Still others suggest tree Genetics voles found in the foothills of the hypothesis is correct, because there is a Cascade Range (Brown 1964, p. 648) and In this section and the Summary gradual transition of tree species and in the Columbia River Gorge (Howell section below we describe and analyze forest composition as one progresses 1926, p. 34) were dusky tree voles. the research on tree vole genetics as it south in the Coast Range, it is Contemporary descriptions of the dusky relates to answering the question of reasonable to hypothesize that a tree vole range usually reference whether or not the dusky tree vole is a corresponding change in coat color may Johnson and George (1991, p. 12), who, taxonomically valid subspecies of the also be gradual rather than abrupt and despite not finding any strong red tree vole. This should not be thus not easily discernable from the red morphometric or karyologic confused with our analysis later in this tree vole. This needs to be evaluated (chromosomal) differences between the document (see Distinct Vertebrate using a consistent and repeatable subspecies, state the two taxa, ‘‘* * * Population Segment Analysis) wherein method for comparing pelage color. now can be properly delineated we evaluate the genetics research as it Such an analysis is currently being geographically.’’ Johnson and George relates to its contribution towards conducted but is not available for this (1991, p. 12) go on to describe the dusky determining the discreteness and review (Forsman 2010, pers. comm.). tree vole range as the Pacific slope of the significance of a potential DPS of the In measuring multiple morphometric Oregon Coast Range in Tillamook and red tree vole. features, Johnson and George (1991, p. Bellinger et al. (2005, p. 207) failed to Lincoln Counties without substantiating 5) found statistical differences find detectable genetic differences the basis for their geographic distinguishing Oregon tree voles from between dusky and red tree voles, delineation. There is thus no clear and California samples, but were not able to suggesting that subspecific status may consistent description of what may easily detect discernable differences not be warranted. Miller et al. (2006a, p. constitute the range of the ‘‘dusky tree between samples within Oregon or 145) found three distinct genetic entities vole.’’ California. Miller et al. (2010, p. 69) in their analysis of mitochondrial DNA found statistically significant Blood Proteins of red tree voles throughout Oregon. For differences in some external Johnson (1968, p. 27) analyzed blood this analysis, we are interested in the morphological features between proteins of dusky tree voles, red tree genetic entity that Miller et al. (2006a, putative dusky tree voles and red tree voles, and heather voles (Phenacomys p. 151) labeled the ‘‘Northern Coast voles. Although these differences were intermedius) to determine whether range’’ sequence. While Miller et al. statistically significant in distinguishing Arborimus should remain as a subgenus (2006a, entire) do not describe specific between groups of tree voles, they were under Phenacomys or be elevated to a boundaries for this entity, the sampling of little diagnostic utility because they full genus. Multiple authors cite this locations in this entity are distributed were so subtle they could not be used work to support the classification of the across the northern Oregon Coast Range, to reliably classify an individual tree dusky tree vole as a subspecies of the extending south to latitudes roughly vole as a dusky tree vole or a red tree red tree vole (e.g., Maser and Storm equivalent with the cities of Eugene and vole (Miller et al. 2010, p. 67). A 1970, p. 64; Hall 1981, p. 788; Johnson Florence (see Figure 1 for city possible explanation for the statistical and George 1991, p. 1). However, we fail locations). This genetic entity difference, yet lack of diagnostic utility, to reach this conclusion based on encapsulates most of the range is that the morphological features Johnson’s (1968, p. 27) work. Johnson descriptions of the putative dusky tree measured also exhibited a positive (1968, p. 27) describes his results as vole. Although the objective of Miller et correlation with latitude; tree voles from follows: al. (2006a, entire) was not to address the the northern part of the range were taxonomy of the dusky tree vole, in larger than tree voles from the southern The tree mice of the species Arborimus subsequent conversations with the part of the range. This is a clinal pattern longicaudus (including A. silvicola) have in authors, they concluded that the genetic consistent with Bergmann’s Rule, an the past been included with the , Phenacomys intermedius. Two specimens of differences between these groups were ecological principle stating that larger P. intermedius (of two subspecies) and 16 sufficient to potentially support forms of species tend to be associated specimens of A. longicaudus (of two subspecies recognition if there were with cooler climate and higher latitude subspecies) were examined. In these two congruent differentiations in other (Miller et al. 2010, p. 69). species the serum proteins and hemoglobins characteristics (Miller and Haig 2009, Behavior have suggested combining the named forms pers. comm.). of Arborimus into a single species, and Tree voles within the narrow band of separating the genera Arborimus and Morphology Sitka spruce found along the coastal Phenacomys. The dusky tree vole has been portion of the northern Oregon Coast Although Johnson (1968, p. 27) described as darker than the red tree Range north of Newport exhibit a concluded that the named forms vole (Bailey 1936, p. 198; Maser et al. different diet than voles in the rest of longicaudus and silvicola should be 1981, p. 201; Hall 1981, p. 788; Johnson the range, foraging on Sitka spruce or combined, he did not make any further and George 1991, p. 12), but there has western hemlock rather than on determination on whether or not been no analysis to indicate an Douglas-fir (Walker 1930, p. 234; silvicola should be retained as a identifiable change in coat color either Forsman and Swingle 2009, pers. subspecies. We therefore question between the two entities or that comm.) (see above under Diet). This diet whether Johnson (1968, p. 27) corresponds with the boundaries of the requires a different treatment of needles

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63728 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

than in other areas because resin ducts (Miller et al. 2010, entire). The Oceanic and Atmospheric in spruce and hemlock are located in prevailing behavior of foraging on Administration—Fisheries), published different parts of the needle than in western hemlock and Sitka spruce the Policy Regarding the Recognition of Douglas-fir (Kelsey et al. 2009, pp. 12– within the Sitka spruce plant series does Distinct Vertebrate Population Segments 13). While this behavioral difference not correspond to the geographic range Under the Endangered Species Act (DPS exists primarily in the Sitka spruce of the ‘‘Northern Coast range’’ genetic Policy) in the Federal Register on plant series of the northern Oregon entity described by Miller et al. (2006a, February 7, 1996 (61 FR 4722) to guide Coast Range, it comprises only a small p. 151), but comprises only a small the implementation of the DPS portion of the area within the northern portion of the range of that haplotype provisions of the Act. Under the DPS Coast Range genetic sequence found by group. Presumptive differences in Policy, three elements are considered in Miller et al. (2006a, pp. 150–151; see coloration, which served as one of the the decision regarding the establishment Genetics, above) and does not primary bases for the original and classification of a population of a correspond to the general boundaries of subspecies distinction of the dusky tree vertebrate species as a possible DPS. that genetic entity, nor does it vole, have never been quantified. Such These are applied similarly for correspond to any of the various a conventional approach to subspecies additions to and removals from the Lists boundaries of the putative dusky tree designation, used historically and of Endangered and Threatened Wildlife vole’s range. frequently based on apparent geographic and Plants. These elements are: or clinal variation, is often not Summary (1) The discreteness of a population in supported when tested by more rigorous relation to the remainder of the species Bellinger et al. (2005, p. 207) analyses of multiple characters (e.g., to which it belongs; concluded that the absence of detectable Thorpe 1987, pp. 7, 9). (2) The significance of the population genetic differences between red tree Given the lack of diagnostic segment to the species to which it voles and putative dusky tree voles, characteristics that correspond with the belongs; and combined with the lack of consistently ‘‘Northern Coast range’’ haplotype group (3) The population segment’s verifiable morphological differences, described by Miller et al. (2006a, p. 151) conservation status in relation to the suggested that the subspecific status of and the findings of Bellinger et al. (2005 Act’s standards for listing, delisting, or the dusky tree vole might not be entire) and Miller et al. (2010 entire) reclassification (i.e., is the population warranted. Miller et al. (2006a, entire) that there are no detectable genetic or segment endangered or threatened?). found evidence of marked genetic morphological differences yet found differences in the red tree vole that between dusky tree voles and red tree In the petition, we were asked to could indicate the existence of a voles, we do not believe there is consider listing a DPS for the red tree possible subspecies, although they did sufficient evidence to indicate that the vole in the North Oregon Coast portion not explicitly address the implications dusky tree vole is a distinct subspecies. of its range if we did not conclude that of their work on red tree vole taxonomy. Although the dusky tree vole was the dusky tree vole was a valid Subsequent conversations with the recognized as a subspecies in Wilson subspecies of the red tree vole. In authors, however, indicated that and Reeder’s Mammal Species of the accordance with our DPS Policy, this observed genetic differences were World (2005, pp. 962–963), we note that section details our analysis of the first sufficient to potentially support this reference did not recognize, or was two elements, described above, to assess recognition of the dusky tree vole as a published prior to, the availability of the whether the vertebrate population subspecies if there were additional work of Bellinger et al. (2005, entire) segment under consideration for listing differentiations in identifiable and Miller et al. (2006a, entire; 2010 may qualify as a DPS. characteristics and if the boundaries of entire). Subsequent to the publication of Specific to red tree vole genetics, as those differentiations were congruent some of these latter works, the Oregon we noted above (see Subspecies with the ‘‘Northern Coast range’’ genetic Natural Heritage Information Center Analysis), in this section we have grouping identified in Miller et al. ceased recognition of the dusky tree reviewed the research on red tree vole (2006a, p. 151). However, our review of vole as a subspecies (ORNHIC 2007, p. genetics and evaluated whether or not the best and most current data on the 17), as did the U.S. Forest Service and the genetics evidence supports genetics, behavior, morphology, and Bureau of Land Management’s Survey identifying a population segment that range of the putative dusky tree vole and Manage program (USDA and USDI meets the discreteness and significance reveals no other characteristics of 2007, p. 289). Finally, the dusky tree standards described above. Although diagnostic utility that correspond with vole is not recognized as a valid genetic research indicates that the the ‘‘Northern Coast range’’ haplotype subspecies of the red tree vole in the putative dusky tree vole may not be a grouping identified by Miller et al. Integrated Taxonomic Information valid subspecies (e.g. Bellinger et al. (2006a, p. 151). There is not a consistent System (ITIS 2011). Therefore, based on 2005, entire; Miller et al. 2010, entire), and well-substantiated range the best available scientific and whether or not a population segment is description of the dusky tree vole. commercial data, as described above, we discrete and significant is a different Although some morphological have concluded that the dusky tree vole question and these works do not differences may occur between the red is not a valid subspecies, and therefore exclude the possibility that there is a tree vole and the putative dusky tree is not eligible for listing as such under discrete and significant population vole, these differences have little the Act. We must next evaluate whether segment for the red tree vole. diagnostic utility and may only the North Oregon Coast population of Discreteness represent a clinal variation, as would be the red tree vole is a DPS to determine expected between northern and whether it would constitute a listable The DPS Policy’s standard for southern populations of the red tree entity under the Act. discreteness requires an entity to be vole based on Bergmann’s Rule (an adequately defined and described in ecogeographic principle that states that Distinct Vertebrate Population Segment some way that distinguishes it from animals at more northerly latitudes tend Analysis other representatives of its species. A to be larger than individuals of the same The Service and the National Marine population segment of a vertebrate species at more southerly latitudes) Fisheries Service (now the National species may be considered discrete if it

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63729

satisfies either of the following two pp. 150–153). Miller et al. (2006a, p. Range Physiographic Province (FEMAT conditions: 151) labeled the eastern subdivision as 1993, pp. II–27, IV–7) from the (1) It is markedly separated from other the ‘‘Northern Cascade range’’ sequence, Columbia River south to the Siuslaw populations of the same taxon as a and the western subdivision the River. In addition, the Willamette Valley consequence of physical, physiological, ‘‘Northern Coast range’’ sequence, to the east of the northern Oregon Coast ecological, or behavioral factors reflecting the associated mountain Range provides a geographic barrier for (quantitative measures of genetic or ranges. As described in the Taxonomy genetic exchange between red tree voles morphological discontinuity may and Description section, above, genetic found in the northern Oregon Coast provide evidence of this separation); or researchers considered the degree of Range and those found in the northern (2) It is delimited by international genetic difference between the 3 Cascade Range; the western edge of the governmental boundaries within which groupings of red tree voles to be highly Willamette Valley thus forms a natural significant differences in control of significant (Miller and Haig 2009, pers. eastern boundary for the red tree vole exploitation, management of habitat, comm.). We thus consider the population in the northern Oregon Coast conservation status, or regulatory population of red tree voles represented Range. mechanisms exist. by the ‘‘Northern Coast range’’ As for the southern limit of the The North Oregon Coast portion of the haplotypes to be markedly separated ‘‘Northern Coast range’’ haplotypes, red tree vole range is markedly from other populations of the taxon as there is no identifiable geographic separated from the rest of the species’ evidenced by quantitative measures of boundary that may act as a genetic range based on the genetic genetic discontinuity. barrier. We chose the Siuslaw River as discontinuities described by Miller et al. Red tree voles within the ‘‘Northern an identifiable feature that approximates (2006a, pp. 150–151). Miller et al. Coast range’’ haplotype (genetic) group a divide between Miller et al.’s (2006a, (2006a, entire) examined identified by Miller et al. (2006a, pp. pp. 150–151) southern and northern phylogeographical patterns by analyzing 150–151) came from several specific haplotypes in the Oregon Coast Range. mitochondrial control region sequences sampling locations, but the researchers This is an area where vegetation of 169 red tree voles sampled from 18 did not attempt to delineate precise transitions from more mesic vegetation areas across the range of the species in boundaries between the three genetic species in the north to drier vegetation Oregon. In addition, they analyzed groupings of red tree voles in Oregon. in the south (Franklin and Dyrness Cytochrome b sequences from a subset We have therefore defined the boundary 1973, p. 72; McCain 2009, pers. comm.). of these samples. Through phylogenetic of the northern Coast Range population In addition, the Siuslaw River creates an network and spatial genetic analyses, of red tree voles based on a combination approximate break between ecosystems the researchers found a primary genetic of convergent genetic, physical, and that experience longer fire return discontinuity separating red tree voles ecological characteristics. To assist in intervals to the north and shorter return from the northern (areas A through F this delineation, we relied in part on the intervals to the south (Hardt 2009, pers. (Miller et al. 2006a, Figure 1, pp. 146, physiographic provinces used in the comm.). This area transitions into the 151–152)) and southern (areas G Northwest Forest Plan because they southern end of the western hemlock through R (Miller et al. 2006a, Figure 1, incorporate physical, biological, and vegetation zone, which has a patchier pp. 146, 151–152)) sampling areas; a environmental factors that shape large fire severity distribution as compared to secondary discontinuity separated the landscapes (FEMAT 1993, p. IV–5). In the northern Oregon Coast Range, which northern sampling areas into eastern addition, much of the forest-related is characterized by high fire severities (areas B, E, and G (Miller et al. 2006a, research relevant to our analysis has (Agee 1993, pp. 211–213). This Figure 1, pp. 146, 151–152)) and been based on these province delineation of the boundary of the western (areas A, C, D, and F (Miller et delineations. We interpret the area northern Oregon Coast Range al. 2006a, Figure 1, pp. 146, 151–152)) occupied by the ‘‘Northern Coast range’’ population of the red tree vole, subdivisions separated by the genetic group of red tree voles to described above, is shown in Figure 2. Willamette Valley (Miller et al. 2006a, include that portion of the Oregon Coast BILLING CODE 4310–55–P

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63730 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

BILLING CODE 4310–55–C zone of secondary contact between northwestern Oregon, with western There is some overlap of haplotypes lineages that were divided during the hemlock and Sitka spruce remaining in the lineage of sequences unique to most recent glaciation approximately only in isolated, protected areas the northern Oregon Coast Range and 12,000 years ago (Miller et al. 2006a, p. (Bonnicksen 2000, p. 25). These the southern portion of the tree vole 154). Although the Cordilleran ice sheet potential bottlenecks in northern range (Miller et al. 2006a, pp. 153–154). of the Wisconsin glaciation did not populations may have separated red tree This overlap, combined with the overlay present-day Oregon, associated voles into separate lineages that absence of an obvious geographical climate change during the glaciation continue to exist today (Miller et al. barrier to genetic interchange, leads to a fragmented the forest landscape 2006a, p. 154). A similar genetic hypothesis that the observed genetic (Bonnicksen 2000, pp. 8–10, 15–16, 24– discontinuity is found in the southern discontinuity in this area represents a 25). Subalpine forests occupied much of torrent salamander (Rhyacotriton

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 EP13OC11.001 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63731

variegatus) in this vicinity (Miller et al. (2) Evidence that loss of the discrete genetic grouping identified by Miller et 2006b, p. 565). In addition, multiple population segment would result in a al. (2006a, p. 151), this behavior is plant species exhibit genetic significant gap in the range of the taxon; exhibited by tree voles in the western discontinuities in the vicinity of the (3) Evidence that the discrete portions of Lincoln, Tillamook, and central Oregon Coast (Soltis et al. 1997, population segment represents the only Clatsop Counties. While there is pp. 353–359). surviving natural occurrence of a taxon evidence of individual red tree voles that may be more abundant elsewhere as We conclude that the North Oregon elsewhere in the range foraging on an introduced population outside its species other than Douglas-fir, these are Coast population of the red tree vole is historical range; or rare occurrences and nowhere else in markedly separated from the remainder (4) Evidence that the discrete the range of the red tree vole does a non- of the red tree vole population and population segment differs markedly Douglas-fir diet dominate. This meets the discreteness criterion for the from other populations of the species in alternative diet appears well ingrained, DPS Policy based on quantitative its genetic characteristics. as evidenced by wild voles adapted to measures of genetic discontinuity. Persistence of the DPS in an a diet of western hemlock refusing to eat Genetic distribution in the red tree vole ecological setting that is unique or Douglas-fir in captivity and ultimately is not random, with a markedly distinct unusual for the taxon. The Sitka spruce starving to death (Maser 2009, pers. group of haplotypes located in the plant series in the northern Oregon comm.). This ecological setting has northern Oregon coast. The Willamette coast appears to be a unique ecological resulted in a foraging behavior that Valley likely serves as a genetic barrier setting for a portion of the population of appears relatively inflexible and unique between the North Oregon Coast tree the red tree vole that was determined to to the red tree voles in this area, as red vole population and tree voles in the be discrete. The Sitka spruce series tree voles in forests dominated by northern Cascades. While there is no occurs in the strongly maritime climate Douglas-fir apparently exhibit greater currently identifiable geographic barrier near the ocean, following the coastal fog behavioral plasticity and have been to the south, glacial activity at the end up river valleys. Sitka spruce ranges observed to eat western hemlock and of the Pleistocene Epoch may have been from southcentral Alaska to northern Sitka spruce in captivity (Clifton 1960, responsible for creating multiple California, with the most extensive p. 44; Maser 2009, pers. comm.). lineages of red tree voles, as well as portion of its range occurring in The ecological setting and unique other species, that are still identifiable southeastern Alaska and northern foraging behavior of red tree voles in the today. The Siuslaw River is an British Columbia, Canada (Burns and northern Oregon Coast Range create identifiable feature that appears to be Honkala 1990, Sitka spruce chapter). different selective pressures for the approximately coincident with the Although present at some level along animals in this portion of their range southernmost boundary of the most of the Oregon coastline, it is more relative to red tree voles in the ‘‘Northern Coast range’’ genetic group of limited in this southern portion of its remainder of the taxon’s range. Such the red tree vole (Miller et al. 2006a, range, but extends much farther inland selective pressures are the foundation of p. 151). toward the northern part of the Oregon speciation, and such distinct traits may Coast Range than in the southern be crucial to species adaptation in the Significance portion, where ridge systems along the face of changing environments (Lesica coastline intercept the fog layer If we have determined that a and Allendorf 1995, p. 756). We find the (Franklin and Dyrness 1973, pp. 58–70; vertebrate population segment is discrete population of tree voles in the McCain and Diaz 2002, p. 59). With the discrete under our DPS Policy, we then northern Oregon Coast Range contains a exception of scattered small patches on consider its biological and ecological unique ecological setting in the form of the southern and central Oregon coast, significance to the taxon to which it the Sitka spruce plant series because the the majority of the Sitka spruce plant belongs in light of Congressional plant series is extremely limited within series in Oregon lies in the area guidance (see Senate Report 151, 96th the red tree vole range, and because of encompassed by the North Oregon Coast Congress, 1st Session) that the authority the relatively unique and inflexible population of red tree voles (McCain to list a DPS be used ‘‘sparingly’’ while foraging behavior tied to this plant and Diaz 2002, p. 61). It is in the Sitka series that may be indicative of ongoing encouraging the conservation of genetic spruce plant series that the alternative diversity. To evaluate whether a discrete speciation. However, the geographic tree vole diet of western hemlock and range in which this ecological setting vertebrate population may be significant Sitka spruce needles predominates (see to the taxon to which it belongs, we and associated unusual foraging Diet section). Douglas-fir appears to behavior is expressed does not consider the best available scientific have been historically uncommon in the correspond to the range of the tree voles evidence. As precise circumstances are Sitka spruce series (Agee 1993, p. 194). identified under the discreteness likely to vary considerably from case to Little variation in annual temperature, criterion, above, as it occurs in only a case, the DPS Policy does not describe minor summer plant moisture stress, subset of the range of tree voles with the all the classes of information that might and very high precipitation make the ‘‘Northern Coast range’’ genetic be used in determining the biological Sitka spruce series extremely grouping (Miller et al. 2006a, p. 151). and ecological significance of a discrete productive, producing large trees Therefore, although we recognize this population. However, the DPS Policy relatively quickly, and containing plant ecological setting and the associated describes four possible classes of associations that tend to develop and unique foraging behavior of tree voles to information that provide evidence of a maintain older forest characteristics be potentially important from an population segment’s biological and important to a variety of wildlife evolutionary perspective, we find that ecological significance to the taxon to species. the discrete population of tree voles in which it belongs. This evaluation may The Sitka spruce plant series is the the northern Coast Range as a whole do include, but is not limited to: only portion of the red tree vole range not meet this significance criterion (1) Persistence of the discrete where the consumption of western under the DPS policy. population segment in an ecological hemlock and Sitka spruce is the Evidence that loss of the DPS would setting that is unusual or unique for the dominant foraging behavior. Within the result in a significant gap in the range taxon; extent of the ‘‘Northern Coast range’’ of the taxon. The loss of the North

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63732 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

Oregon Coast portion of the red tree vole population represents the only haplotypes from the red tree vole range would result in a roughly 24 surviving natural occurrence of a taxon population. Retaining genetic variation percent reduction in the range of the red that may be more abundant elsewhere as provides a wider capability for species tree vole. This loss is significant for an introduced population outside its to adapt to changing environmental multiple reasons, in addition to the fact historical range. The North Oregon conditions (Frankham et al. 2002, p. 46). that it represents nearly one-quarter of Coast population of the red tree vole is Peripheral populations that are known the total range of the species. For one, not the only surviving natural to be genetically divergent from other it would occur in the part of the range occurrence of the species and has not conspecific populations, such as the where the alternative foraging behavior been introduced outside of its historical North Oregon Coast population of the of feeding on spruce and hemlock is the range. Consequently, this factor is not red tree vole, may have great dominant behavior observed. Although relevant to our determination regarding conservation value in providing a this behavior is expressed in only a significance. species with the capacity to adapt and subset of this portion of the range, it is Evidence that the DPS differs evolve in response to accelerated unique to this portion of the range and markedly from other populations of the environmental changes (Lesica and is of potential evolutionary significance, species in its genetic characteristics. Allendorf 1995, p. 757). Changing therefore its loss would be significant to Red tree voles exhibit marked genetic environmental conditions are almost a the taxon as a whole. Secondly, while structure. As described under certainty for the red tree vole, given the loss of the North Oregon Coast Discreteness, above, Miller et al. (2006a, prevailing recognition that warming of population would not create entire) characterized patterns of genetic the climate system is unequivocal (IPCC discontinuity in the remaining range, divergence across the range of the red 2007, p. 30). The importance of species at the edge of their range may be tree vole in western Oregon based on maximizing the genetic capacity to important in maintaining opportunities analyses of mitochondrial DNA from 18 adapt and respond to the environmental for speciation and future biodiversity sampling areas. The results of their changes anticipated is therefore (Fraser 1999, p. 50), allowing adaptation spatial analysis of molecular variance magnified. Furthermore, preservation of to future environmental changes (Lesica revealed three distinctive genetic red tree voles and their unique genetic and Allendorf 1995, p. 756). groupings of red tree voles in Oregon: A composition at the northern extent of Furthermore, peripheral populations ‘‘southern’’ haplotype group, and a their range may be particularly may represent refugia for species as ‘‘northern’’ haplotype group that was important in the face of climate change, their range is reduced, as described by further subdivided into 2 groups, the as most northern-hemisphere temperate Lomolino and Channell (1995, p. 339), ‘‘Northern Cascade range’’ and species are shifting their ranges who found range collapses in mammal ‘‘Northern Coast range’’ groups (Miller northward in response to that species to be directed towards the et al. 2006a, Figure 3, p. 151). The phenomenon, and species that cannot periphery. Genetically divergent sampling areas that correspond to the shift northward have suffered range peripheral populations, such as the ‘‘Northern Coast range’’ subdivision of contractions from loss of the North Oregon Coast population of the the ‘‘northern’’ group (Areas A, C, D, southernmost populations (Parmesan red tree vole, are often of and F) correspond to the entity we have 2006, pp. 647–648, 753; IPCC 2007, p. disproportionate importance to the described here as the North Oregon 8). Given that the Columbia River species in terms of maintaining genetic Coast population of the red tree vole. In presents an apparent absolute barrier to the 4 sampling areas for the ‘‘Northern diversity and therefore the capacity for northward expansion of the species, the Coast range’’ genetic sequence (Miller et evolutionary adaptation (Lesica and northern Coast Range population of the al. 2006a, p. 151), 20 out of the 21 Allendorf 1995, p. 756). Finally, in the red tree vole may provide an important D-loop haplotypes identified were face of predictions that climate change refugium for the persistence of the unique to those locations, and in 3 of 4 will result in species’ ranges shifting species if more southerly populations sampling areas, 100 percent of the northward and to higher elevations are extirpated in the face of climate individuals sampled had a location- (Parmesan 2006, pp. 648–649; IPCC change. Losing an entire unique genetic specific haplotype (60 percent of the component of the red tree vole, with its 2007, p. 8; Marris 2007, entire) (see individuals had a location-specific inherent adaptive capabilities, is Factor E. Other Natural or Manmade haplotype in the fourth sampling area; significant and could compromise the Factors Affecting the Species’ Continued a single haplotype from Area C was also long-term viability of the species as a Existence), the northern Oregon Coast detected in Area N) (Miller et al. 2006a, whole. We therefore conclude the Range may become a valuable refugium Table 1, p. 148; Appendix, pp. 158– marked difference in genetic from climate change effects for the 159). Although the researchers could characteristics of the North Oregon species, as it includes the northernmost not identify a strict discontinuity or Coast population relative to other portion of the red tree vole’s range as barrier between the northern and populations of the red tree vole meets well as higher elevations near the southern groupings, which exhibited the the significance criterion of the DPS Oregon Coast Range summit. Based on greatest genetic distances, they suggest Policy. the above considerations, we therefore that the Willamette Valley serves as an conclude that loss of the North Oregon important phylogeographical barrier DPS Conclusion Coast population of the red tree vole that is likely responsible for the We have evaluated the North Oregon would result in a significant gap in the secondary genetic discontinuity Coast population of the red tree vole to range of the taxon. identified between red tree voles in the determine whether it meets the Evidence that the DPS represents the western (‘‘Northern Coast range’’ definition of a DPS, addressing only surviving natural occurrence of a sequence) and eastern (‘‘Northern discreteness and significance as taxon that may be more abundant Cascade range’’ sequence) portions of required by our policy. We have elsewhere as an introduced population the northern haplotypes group (Miller et considered the genetic differences of the outside its historical range. As part of a al. 2006a, pp. 151, 155). North Oregon Coast population relative determination of significance, our DPS Loss of the North Oregon Coast to the remainder of the taxon, the Policy suggests that we consider population of the red tree vole would ecological setting of the northern whether there is evidence that the eliminate a unique set of genetic Oregon Coast Range, and the proportion

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63733

of the range of the red tree vole that the vole, based on the five listing factors observers using ground-based survey North Oregon Coast population established by the Act. methods may only see approximately comprises. We conclude that the North half of the nests, with a bias towards Summary of Information Pertaining to Oregon Coast population of the red tree observing more nests in younger forests the Five Factors voles is a valid distinct population than in older forests due to the greater segment under the 1996 DPS Policy Section 4 of the Act (16 U.S.C. 1533), visibility (Howell 1926, p. 45; Swingle (Figure 2). The North Oregon Coast and implementing regulations (50 CFR 2005, pp. 78, 80–81; Swingle and population meets the discreteness part 424) set forth procedures for adding Forsman 2009, p. 284). While nests can criterion of the DPS Policy because it is species to, removing species from, or be counted and assessments have been markedly separated from the remainder reclassifying species on the Federal made of the activity status of the nests, of the taxon based on genetic Lists of Endangered and Threatened translating nest counts to numbers of differences. Genetic distribution in the Wildlife and Plants. Under section voles does not yield good population red tree vole is not random, but exhibits 4(a)(1) of the Act, a species may be estimates because some nests will be a markedly distinct group of haplotypes determined to be endangered or missed, some individuals occupy located in the northern Oregon Coast threatened based on any of the multiple nests, and determining Range (Miller et al. 2006a, entire). We following five factors: whether nests are actively occupied is also conclude that the North Oregon (1) The present or threatened not possible without climbing to the Coast population of red tree voles is destruction, modification, or nests and dissecting or probing them for significant on multiple accounts. The curtailment of its habitat or range; voles (Swingle and Forsman 2009, p. loss of this population would virtually (2) Overutilization for commercial, 284). Using the presence or absence of eliminate a unique genetic component recreational, scientific, or educational green resin ducts and cuttings to of the red tree vole, substantially purposes; determine the activity status of nests, reducing genetic diversity and (3) Disease or predation; which formerly had been a common consequently limiting the species’ (4) The inadequacy of existing method used in tree vole surveys, is ability to evolve and adapt to changing regulatory mechanisms; and now known to be unreliable for environments. Loss of this population, (5) Other natural or manmade factors assessing actual nest occupancy by which comprises 24 percent of the range affecting its continued existence. voles because the resin ducts can retain of the red tree vole, would result in a In making this finding, information a fresh appearance for long periods of significant gap in the range, primarily pertaining to the North Oregon Coast time if stored in the nest or out of because of the value of peripheral DPS of the red tree vole in relation to sunlight, resulting in potential populations in maintaining diversity the five factors provided in section overestimates of active nest occupancy and evolutionary adaptation, and 4(a)(1) of the Act is discussed below. In (USDA and USDI 2007, p. 290). because this area may provide a considering what factors might Although historical observations of valuable refugium in the event of constitute threats to a species, we must tree voles are useful for assessing the predicted climate change. The loss of look beyond the exposure of the species range of the species, they may also be red tree voles in the northern Oregon to a particular factor to evaluate whether biased because collectors did not Coast Range would also result in the the species may respond to that factor sample randomly. Thus, historical loss of a unique alternative foraging in a way that causes actual impacts to locations of tree voles tend to occur in behavior exhibited by tree voles in the the species. If there is exposure to a clusters where a few collectors spent a Sitka spruce plant series. Although this factor and the species responds lot of time searching for them. Until behavior occurs in a subset of the area negatively, the factor may be a threat extensive surveys were conducted by encompassed by the North Oregon Coast and, during the status review, we the Forest Service and BLM as part of population (Forsman and Swingle 2009, attempt to determine how significant a the Survey and Manage program unpublished data), it is of potential threat it is. The identification of factors adopted in 1994 under the NWFP, much evolutionary significance to the species; that could impact a species negatively of the range of the red tree vole had therefore the loss of that portion of the may not be sufficient to compel a never been searched. The lack of species’ range that includes this finding that the species warrants listing. historical documentation of tree vole subpopulation would be of significance The information must include evidence presence thus cannot be interpreted as to the taxon as a whole. sufficient to suggest that these factors, meaning that tree voles had limited Because this population segment singly or in combination, are operative populations or were historically absent meets both the discreteness and threats that act on the species to the from an area, especially if that area significance elements of our DPS Policy, point that the species may meet the formerly provided suitable forest habitat the North Oregon Coast population definition of endangered or threatened for tree voles and was contiguous with segment of the red tree vole qualifies as under the Act. known occupied areas. Surveys by a DPS in accordance with our DPS Factor A. The Present or Threatened naturalists in the late 1800s and early Policy, and as such, is a listable entity Destruction, Modification, or 1900s were more of an inventory to find under the Act (hereafter ‘‘North Oregon Curtailment of Its Habitat or Range new species and to determine species Coast DPS’’ of the red tree vole). presence as opposed to determining Because we have determined the DPS to Past and Current Range and Abundance abundance of a particular species be a listable entity, we do not need to Because of its arboreal existence and (Jobanek 1988, p. 370). Only portions of analyze the alternative presented by the difficulty to observe and capture, little Oregon were surveyed, and coverage petitioners, which was protecting what is known about the past and current was cursory and localized. Given the they labeled the dusky tree vole via population sizes of red tree voles. It is arboreal existence of the red tree vole listing the red tree vole because it is difficult to accurately estimate the size and difficulty of finding and observing endangered or threatened in a of a local tree vole population, let alone them, few specimens were collected or significant portion of its range. Below the population of the entire species observed until more was understood we provide an analysis of threats to the (Howell 1926, p. 56; Blois and Arbogast about their life history (Bailey 1936, p. North Oregon Coast DPS of the red tree 2006, p. 958). Estimates indicate that 195; Jobanek 1988, pp. 380–381). Many

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63734 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

nests were simply inaccessible to early throughout much of their range in decreases in Sonoma tree vole numbers naturalists. Nests were often high up in Oregon with the exception of the have been observed, although not big trees, many of which were too large northern Oregon Coast Range, quantified, over the past decade (Diller to climb without the benefit of modern particularly the area within the DPS 2010, pers. comm.). The weight of climbing equipment, or the trees lacked north of Highway 20. This portion of the evidence suggesting that tree voles are enough branches on the lower bole to Coast Range north of Highway 20 less abundant now increases upon readily free-climb (e.g. Jobanek 1988, p. accounts for nearly three-quarters of the considering that most historical 391). Howell (1921, p. 99) noted that DPS. Within the DPS, 36 percent of the observations were by naturalists who there was little hope for finding tree Federal land, 92 percent of the State and primarily collected voles from younger voles in virgin timber because of the County ownership, and 77 percent of forests where nests were more easily large trees and the abundant moss that the private ownership lies north of observable and accessible by free- might conceal ‘‘a score of hidden nests.’’ Highway 20 (Figure 2). In other words, climbing (e.g. Howell 1926, p. 42; Vernon Bailey, Chief Naturalist of the this portion of the DPS is primarily in Clifton 1960, p. 34; Maser 2009, pers. U.S. Bureau of Biological Survey, State, County, and private ownership, comm.; Forsman 2010, pers. comm.). considered the red tree vole to be with relatively little Federal land. In the These early naturalists were limited in abundant in the wild yet rare in northern Oregon Coast Range north of the size and form (e.g., presence or museum collections because of the Highway 20, tree voles are now absence of low-lying limbs that allowed difficulty in collecting them (Jobanek considered uncommon and sparsely for free-climbing) of trees they could 1988, p. 382). Murray Johnson, the most distributed compared to the rest of the climb, unlike current researchers, yet prolific early collector of tree voles, range, based on observations of vole found many voles with relatively little spent most of his time searching in nests classified as recently occupied effort. In contrast, researchers in recent young forests because he could not (USDA and USDI 2007, pp. 289, 294). years searching these same areas have climb big trees (Forsman 2010, pers. Furthermore, the few nests that are captured comparatively few voles per comm.). recorded in this portion of the DPS unit effort, using state-of-the-art Red tree voles are found on both the likely result in overestimation of tree climbing gear to access every potential eastern and western slopes of the vole occupancy given errors in nest nest observed, regardless of tree form or Oregon Coast Range. Although there are activity classification (USDA and USDI size (Forsman 2009, pers. comm.; no records of red tree voles in Clatsop 2007, p. 290) and the difficulty in Forsman and Swingle 2006, County north of Saddle Mountain or in translating nest counts to vole numbers unpublished data; 2009, pers. comm.). Columbia County, there is no reason to discussed earlier in this section. Although rigorous population estimates believe that tree voles did not once Descriptions of historical search cannot be determined from these data, occur there given the presence of efforts for red and Sonoma tree voles the evidence suggests that red tree voles historical habitat (see Range and indicate that once the species’ behavior are now much less abundant within the Distribution). There is a gap in the and life history were understood, DPS than they were historically. distribution of tree vole specimens and searchers were more successful in nests south of Saddle Mountain State finding tree voles, often with little Habitat loss appears to at least partly Park in south-central Clatsop County, difficulty. Observers typically noted the explain the apparent reduction in tree through the eastern two-thirds of patchy distribution of voles, and once vole numbers, both rangewide and Tillamook County south to the town of they found voles, they tended to readily within the DPS. As an example, many Tillamook (Forsman et al. 2009b, p. find multiple nests and voles in the researchers have noted a continual 229). There are no historical records of same area (Taylor 1915, pp. 140–141; decrease in both habitat and numbers of voles collected in this area, but there is Howell 1926, pp. 42–43; Clifton 1960, Sonoma tree voles near Carlotta, also no evidence that early naturalists pp. 24–30; Maser 1966, pp. 170, 216– California, from 1913 through 1977 searched this area for tree voles. This 217; Maser 2009, pers. comm.; Forsman (Howell 1926, p. 43; Benson and Borell gap in the range corresponds roughly and Swingle 2010, p. 104). For example, 1931, p. 226; Zentner 1966, p. 45). with the area of the Tillamook burn, a Clifton (1960, pp. 24–30) averaged one Specific to the North Oregon Coast DPS, stand-replacing fire that burned over day searching for every red tree vole Forsman and Swingle (2009, pers. 300,000 acres (121,400 ha) in 1933 ‘‘colony’’ found near Newberg, Oregon, comm.) noted the reduction or loss of (Pyne 1982, pp. 330–331). This area and Howell described more than 50 habitat in areas where tree voles reburned in three successive fires over Sonoma tree voles being collected over historically occurred; habitat loss the next 18 years, for a combined total 2 days near Carlotta, California in 1913 seemed especially prominent in coastal burn area of 350,000 acres (141,650 ha) (Howell 1926, p. 43). areas and along the Willamette Valley (Pyne 1982, pp. 330–331). It is In contrast, between 2002 and 2006, margin, where Forsman and Swingle reasonable to conclude that voles were Forsman and Swingle (2006, (2009, unpublished data; 2009, pers. present in this area prior to the fire, unpublished data) spent 1,143 person- comm.) observed that some historical considering that much of the burned hours searching potential vole habitat in collecting sites had since been logged area contained older forest similar to or near areas where voles historically and found fewer voles than were forests occupied by tree voles in areas occurred in or immediately adjacent to historically collected from these areas. adjacent to the burn. the DPS and captured or observed only The apparently significant decline in Extensive surveys done throughout 27 voles, equating to 42 hours of search tree vole abundance within the North the range of the red tree vole as part of effort per vole found. Although a Oregon Coast DPS of the red tree vole the NWFP Survey and Manage program rigorous quantitative comparison cannot appears to correspond with the have resulted in information that has be made between recent and historical extensive historical loss of the older helped to refine the distribution of the observation data, the above anecdotal forest type that provides the highest red tree vole (USDA and USDI 2000a, p. information indicates that tree vole quality habitat for the red tree vole, as 376; USDA and USDI 2007, pp. 289– numbers are greatly reduced in the well as the ongoing harvest of timber on 290). Information gleaned from these DPS—red tree voles are now scarce in short rotation schedules that maintains more recent surveys indicate that tree the same areas where they were once the remaining forest in lower quality voles continue to be widely distributed found with relative ease. Similarly, early seral conditions in perpetuity. In

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63735

addition, continuing timber harvest in of structural complexity) on Federal timber harvest, was the biggest cause, younger forest areas adjacent to lands in the NWFP during the first 10 with fires accounting for a small portion remaining patches of older forest years of its implementation. However, of the loss (Wimberly and Ohmann diminishes the habitat quality of these more recently, better data and analysis 2004, pp. 643–644). Between 1972 and stands by maintaining them in an methods have indicated that in fact 1995, timber clearcut harvest rates in all isolated and fragmented condition that there has been a slight net decline in stand types were nearly three times may not allow for persistent populations older forest on Federal lands between higher on private land (1.7 percent of of red tree voles. 1994 and 2007. Specifically on Federal private land per year) than public land Landscapes in the Oregon Coast lands in the Oregon Coast Range, older (0.6 percent of public land per year), Range have become increasingly forest has declined from 44.2 percent to with the Coast Range dominated by fragmented and dominated by younger 42.9 percent (Moeur et al. 2010a, private industrial ownership and having patches of forest, as old and mature Figure 1). the greatest amount of timber harvest as forests have been converted to younger There is some indication that compared to the adjacent Klamath stands through anthropogenic alteration managed second-growth forests are not Mountain and Western Cascades (Wimberly et al. 2000, p. 175; Martin developing characteristics identical to Provinces (Cohen et al. 2002, pp. 122, and McComb 2002, p. 255; Wimberly natural late-successional forests, and 124, 128). Within the Coast Range, there 2002, p. 1322; Wimberly et al. 2004, p. that second-growth forests and clearcuts has been a substantial shift in timber 152; Wimberly and Ohmann 2004, pp. exhibit reduced diversity of native harvest from Federal to State and 631, 635, 642). The historical loss of typically associated with old- private lands since the 1980s, with an large contiguous stands of older forest growth forest conditions (Lomolino and 80 to 90 percent reduction in timber has manifested in the current primary Perault 2000, pp. 1526, 1529). The harvest rates on Federal lands (Azuma threats to the North Oregon Coast DPS historical losses of late-successional et al. 2004, p. 1; Spies et al. 2007b, p. of the red tree vole of insufficient forest and ongoing management of most 50). habitat, habitat fragmentation, and forests on State, County, and private More than 75 percent of the future isolation of small populations; these lands for harvest on a short-rotation tree harvest is expected to come from threats are addressed under Factor E, schedule have resulted in the private timberlands (Johnson et al. 2007, below. Here we address the effects of destruction of the older forest habitats entire; Spies et al. 2007b, p. 50) and varying levels of ongoing habitat loss favored by red tree voles; these older modeling of future timber harvests over and modification in the North Oregon forest habitats now persist largely in Coast DPS of the red tree vole. We first small, isolated fragments across the the next 50 years indicates that current provide some background on the DPS. Because of the historical loss of harvest levels on private lands in historical environmental conditions in older forest stands, the remaining western Oregon can be maintained at the DPS, as this provides important habitat now contains forests in earlier that rate (Adams and Latta 2007, p. 13). context for understanding the effects of seral stages, which provide lower- Loss and modification of tree vole ongoing timber harvest on the habitat of quality habitat for red tree voles. The habitat within the northern Oregon the red tree vole. ongoing management of much of the Coast Range is thus expected to forest within the DPS for timber harvest continue, albeit at a lower rate on State Modification of Oregon Coast Range on relatively short rotation schedules, and Federal lands compared to private Vegetation particularly on State, County, and lands (see discussion under Factor D, Within the Oregon Coast Range private lands, contributes to the ongoing below). However, even on Federal Province, the amount of forests that modification of tree vole habitat by lands, which provide the majority of have the type of structure and maintaining forests in low quality remaining suitable habitat for red tree composition favored by red tree voles condition; most of the younger forest voles within the DPS, some timber has experienced significant loss over the types within the DPS are avoided by harvest is expected to continue in those past century, primarily due to timber tree voles for nesting. Although younger land allocations where allowed under harvest. While the total area of closed forests may provide important interim their management plans. Although some canopy forest remained fairly stable or dispersal habitats for red tree voles, forms of harvest may not exert a from 1936 to 1996, major shifts have it is unlikely that forests lacking the significant negative impact on red tree occurred in the distribution, age, and complexity and structural voles if managed appropriately (for structure of these forested cover classes. characteristics typical of older forests example, thinning in Late-Successional Most germane to red tree voles, there can support viable populations of red Reserves (LSRs) or Late-Successional has been a change from a landscape tree voles over the long term. These Management Areas (LSMAs) with the dominated by large conifers with concepts are explored further in the goal of enhancing late-successional quadratic mean tree diameters greater section, Continuing Modification and characteristics over the long term), lands than or equal to 20 in (51 cm) to a Current Condition of Red Tree Vole in the Timber Management Area (TMA) landscape dominated by smaller Habitat, below. and Matrix allocation are intended for conifers. Specifically, the percent cover multiple uses, including timber harvest. of large conifers in the Coast Range Habitat Loss From Timber Harvest As an example, since the inception of Province declined from 42 percent in In their analysis of forest trends, the NWFP, 55 percent of the timber 1936 to 17 percent in 1996 (Wimberly Wimberly and Ohmann (2004, p. 643) harvest on BLM lands within the DPS and Ohmann 2004, p. 631). On Federal found that land ownership had the came from the Matrix allocation, 20 lands, timber harvest has declined greatest influence on changes in forest percent from Adaptive Management substantially since the inception of the structure between 1936 and 1996, with Areas (AMAs), and 25 percent came NWFP in 1994 (Spies et al. 2007a, p. 7). State and Federal ownership retaining from LSRs both within and outside the Moeur et al. (2005, pp. 95–100) even more large-conifer structure than private AMA (BLM 2010, unpublished data). showed a 19 percent increase in older lands. Loss of large-conifer stands to These numbers do not include harvest forests (minimum quadratic mean development was not considered a within Riparian Reserves, which overlay diameter 20 in (51 cm) and canopy primary cause of forest type change. all land allocations. Within the DPS, cover greater than 10 percent, regardless Instead, loss to disturbance, primarily approximately 156,844 ac (63,475 ha)

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63736 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

are in the Matrix and TMA allocations, presence (Po) from 0 to 1; the larger voles tend to strongly select for (Figure combined. values of Po (e.g., 0.9 or 0.8) represent 3). This is based on evaluation of the a greater probability of nest presence FIA plots, comparing those with the Continuing Modification and Current and correlate to presumed higher Condition of Red Tree Vole Habitat lowest probability of selection by tree quality habitat. Based on their model voles for nesting (lowest 20 percent of The loss of much of the older forest results, Dunk and Hawley (2009, p. 630) probability classes; nearly 87.3 percent within the DPS has reduced high- considered a Po of greater than or equal of FIA plots across all landownerships quality habitat for tree voles to relatively to 0.25 as likely having presence of a within the DPS were in this condition) small, isolated patches; these conditions tree vole nest in an FIA plot; a Po of less with those with the greatest strength of pose a significant threat to red tree than 0.25 was considered as not likely selection (highest 20 percent of voles, which are especially vulnerable to have a tree vole nest. The Po cutoff probability classes; 0.3 percent of FIA to the effects of isolation and point of 0.25 represents the value that plots across all landownerships were in fragmentation due to their life-history achieved the highest correct this condition). Assuming that tree voles characteristics (see Factor E, below). classification of occupied and non- exhibit the strongest selection for the Tree voles are naturally associated with occupied sites while attempting to highest quality habitats, this translates unfragmented landscapes, and are reduce the error of misclassifying plots into roughly 11,605 ac (4,700 ha) of considered habitat specialists that select that actually had nests as plots without high-quality habitat remaining for red areas of contiguous mature forest; they nests; plots with Po greater than 0.25 are tree voles distributed across a DPS are not adapted to fragmented assumed to represent suitable tree vole roughly 3.8 million ac (1.6 million ha) landscapes and early seral habitat habitat. Based on this assumption that a in size. Furthermore, although some patches (Martin and McComb 2002, p. Po value of 0.25 represents suitable tree 262). At present and for the foreseeable nests may have been missed during tree vole habitat, Dunk (2009, pp. 4, 7) found vole surveys, the nest estimates used by future, however, much of the remaining that 30 percent of the plots on Federal forest on State and private lands in the Dunk and Hawley (2009, entire), and lands within the DPS had suitable subsequently applied by Dunk (2009, North Coast Range DPS is managed for habitat, but only 4 and 5 percent of the timber production, as are lands within entire), likely overestimate probable tree plots on private and State lands within vole occupancy for two reasons. First, the Matrix and TMA allocations of the the DPS, respectively, had suitable occupied sites were based on locations Federal lands (see Factor D below). habitat. Across all landownerships in of tree vole nests, and as explained Managing for timber production either the DPS collectively, 11 percent of the earlier, the presence of nests, even those removes existing habitat or prevents plots had potentially suitable habitat for classified as ‘‘active,’’ do not necessarily younger stands from developing into red tree voles. Thus within the DPS, equate to tree vole occupancy. Second, suitable habitat due to short harvest there is relatively little suitable habitat the analyses were based on plot-level rotations. Remaining older forest habitat remaining for the red tree vole, and this data at the scale of less than 2.5 ac (1 tends to be in small, isolated patches suitable habitat is largely restricted to ha). The distribution of tree vole habitat (see Factor E below); we consider such Federal lands. State and private lands, and effects of habitat fragmentation, forest conditions to provide poor habitat which comprise the majority of the DPS for the red tree vole and unlikely to (78 percent of the land area), provide connectivity, and possible sustain the species over the long term. little suitable habitat for tree voles. metapopulation dynamics may also Although some State land and much of Dunk and Hawley (2009, p. 631) also influence the presence of tree voles on the Federal ownership is managed for compared red tree vole usage of forest a site such that a 2.5 ac (1 ha) plot of development or maintenance of late- types with their proportional highly suitable habitat isolated from successional habitat or old-forest availability on the landscape; this is an other suitable habitat is less likely to structure conditions, active management important measure of habitat selection contain or sustain tree voles than such as thinning activities are allowed by the species. If red tree voles do not connected stands (Dunk 2009, p. 9). and encouraged to develop the desired select for any particular forest type Thus, its actual likelihood of occupancy stand conditions. However, thinning condition, we would expect usage of may be lower than predicted by the stands occupied by tree voles can different forest types to be proportional model due to its landscape context. The reduce vole numbers or eliminate them to their availability. If a forest type is sample patch size used by Dunk (2009, (see below). used less than expected based on its entire) is less than the 5–10 acres (2–4 The most comprehensive analysis of availability, that is assumed to represent ha) in which Hopkins (2010, pers. current red tree vole habitat conditions selection against that forest type; in comm.) found nests of tree voles and specific to the North Coast Range DPS other words, the species avoids using substantially less than the minimum is a report by Dunk (2009, entire). Dunk that forest type, even though it is forest stand size of 75 ac (30 ha) in (2009, p. 1) applied a red tree vole available. If a forest type is used more which individual tree voles have been habitat suitability model (Dunk and than expected based on availability, that found (Huff et al. 1992, p. 7). Whether Hawley 2009, entire) to 388 Forest is assumed to represent selection for either of these minimum patch sizes can Inventory Analysis (FIA) plots that forest type; the species is seeking sustain a population of red tree voles systematically distributed on all out that forest type, despite the fact that over the long term is unknown and is ownerships throughout the DPS (the it is less readily available. The forest influenced by such things as habitat FIA is a program administered by the type that tree voles select is assumed to quality within and surrounding the USDA Forest Service, and is a national be suitable habitat. stand, position of the stand within the scientific inventory system based on Combining the strength of selection landscape, and the ability of individuals permanent plots designed to monitor analysis done by Dunk and Hawley to move among stands (Huff et al. 1992, the status, conditions, and trends of U.S. (2009, p. 631) with the current habitat p. 7; Martin and McComb 2003, pp. forests). FIA plots are resampled every condition in the DPS based on FIA data, 571–579). Given the conservative 10 years to monitor changes in forest almost 90 percent of the DPS is in a assumptions of the model, the amount vegetation. The red tree vole habitat forest type condition that red tree voles of remaining likely suitable habitat suitability model estimates the tend to avoid, while only 0.3 percent of within the DPS reported by Dunk (2009, probability of red tree vole nest the DPS is in a forest type that red tree entire) may represent a best-case

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63737

scenario, and the amount of remaining habitat suitable for red tree voles is likely less than estimated here. BILLING CODE 4310–55–P

BILLING CODE 4310–55–C Physiographic Province of Oregon divisions of areas of distinctive Spies et al. (2007b, entire) modeled (physiographic provinces are geographic topography and geomorphic structure). red tree vole habitat in the Coast Range

VerDate Mar<15>2010 18:06 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 EP13OC11.002 63738 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

Their results indicated that tree vole allowing dispersal and short-term suitable habitat to voles is unclear, they habitat currently makes up almost 50 persistence in landscapes where older may provide some value in otherwise percent of the province, with just under forests are either isolated in remnant denuded landscapes, and thinning half of that habitat occurring on private patches or have been largely eliminated treatments in these stands have the lands (Spies et al. 2007a, p. 10, Figure (Swingle 2005, p. 94). The presence of potential to further reduce vole 2). While this assessment of the current individuals within a particular habitat numbers, especially if thinning design condition of tree vole habitat in coastal condition does not necessarily mean the does not account for structural features Oregon differs from Dunk (2009, entire), habitat is optimal, and individuals may and the connectivity of those features we believe Dunk to be a more accurate be driven into marginal habitat if it is all that are important to red tree voles description of red tree vole habitat in that is available (Gaston et al. 2002, p. (Swingle and Forsman 2009, p. 284). the DPS and rely more heavily on that 374). Swingle and Forsman (2009, Swingle (2005, pp. 78, 94), however, work for the following reasons. Dunk’s entire) found radio-collared tree voles in cautions against using the occasional analysis is specific to the DPS, whereas young stands throughout the year, but presence of tree voles in young forests the Coast Range Physiographic occupancy of younger stands appears to to refute the importance of old forest Province, which includes the DPS, be short-term or intermittent (USDA and habitats to tree voles. covers an additional 1.8 million acres USDI 2000a, p. 378; Diller 2010, pers. In summary, whether red tree voles in (728,000 ha) extending to the south of comm.; Hopkins 2010, pers. comm.). younger forests can persist over long the DPS. Second, Spies et al. (2007b, p. There are few data on survival of tree periods or are ephemeral populations that contribute little to overall long-term 51, Appendix D) assessed tree vole voles in younger stands. The only study population viability remains unknown habitat by developing habitat capability conducted to date suggested no at this time (USDA and USDI 2007, p. index models that reflect habitat difference in annual survival of tree 291). However, the recent work of Dunk characteristics important for survival voles in young (22–55 years) and old (2009, entire) and Dunk and Hawley and reproduction based on literature (110–260 years) stands, but the authors (2009, entire) indicate that red tree voles and expert opinion. The variables they cautioned that their sample sizes were display strong selection for forests with used were restricted to existing small and had low power to detect late-successional structural geographic information system layers effects (Swingle 2005, p. 64; Forsman characteristics. that could be projected into the future and Swingle 2009, pers. comm.). using forest dynamics models. They Although the role of younger forest is Thinning younger stands occupied by uncertain, based on our evaluation of were not able to empirically verify their tree voles can reduce or eliminate voles red tree vole habitat capability index the best available scientific data, as from these stands (Biswell 2010, pers. described above, we conclude that older model with independent data, although comm.; Swingle 2010, pers. comm.), and forests are necessary habitat for red tree it was reviewed by two published Carey (1991, p. 8) suggests activities that voles and that younger stands will experts. Dunk’s analysis (2009, entire) result in rapidly developing (changing, rarely substitute as habitat in the relied on the red tree vole habitat model unstable) younger forests are a limiting complete or near absence of older described in Dunk and Hawley (2009, factor for red tree voles. Conversely, stands. While some State land and entire), which was empirically when vole nests classified as occupied much of the Federal ownership is developed based on presence or absence (based on indication of activity such as managed for development or of red tree vole nests in FIA plots on presence of fresh green resin ducts) maintenance of late-successional habitat Federal lands throughout most of the were protected with a 10-acre buffer or old-forest structure conditions, full tree vole range. Dunk (2009, entire) then zone during thinning treatments, development of this habitat has yet to applied that model to FIA plots across Hopkins (2010, pers. comm.) continued occur (see below). In addition, thinning all ownerships within the DPS to to find signs of occupancy at these nests activities designed to achieve these describe current tree vole habitat post-treatment, although signs of objectives can reduce or eliminate tree distribution based on existing field data. occupancy were intermittent through voles from these stands. The ongoing As noted earlier, although red tree time. However, Hopkins’ (2010, pers. management of forests in most of the voles are widely considered habitat comm.) results are subject to the North Oregon Coast DPS for the specialists strongly associated with limitations of using the presence or purposes of timber production thus older forests, they may also be found in absence of green resin ducts to contributes to the threat of habitat younger stands (Maser 1966, pp. 216– determine the activity status of nests modification for the red tree vole, as 217; Thompson and Diller 2002, p. 95; (see the beginning of Factor A, above). forest habitats are prevented from Swingle and Forsman 2009, pp. 278, Red tree voles may ultimately come attaining the high-quality older forest 284), which are much more abundant in back to a treated stand, but how long it characteristics naturally selected by red the DPS. Although some have suggested will be after the treatment before the tree voles and are maintained in a low- that these young forests may be stand is reoccupied is unknown. If and quality condition for red tree voles in population sinks (Carey 1991, p. 34), the when tree voles return likely depends the DPS. Our evaluation of the role of younger stands in tree vole on a multitude of factors including remaining older forest patches within population dynamics is unclear. Tree magnitude, intensity and frequency of the DPS indicate they are likely voles in young stands may represent the treatment within the stand, type and insufficient to sustain red tree voles attempts of emigrants to establish amount of structure left after treatment over the long term due to their relatively territories, or may be residual (e.g., large trees), and whether or not small size and isolated nature (see populations that tolerate habitat there is a refugium or source population Factor E, below). disturbance (USDA and USDI 2000a, p. nearby that is available to supply voles 378). It is possible that some young for recruitment when the treated stand Projected Trends in Red Tree Vole stands are on unique microsites where becomes suitable again (Biswell 2010, Habitat tree voles are able to reinvade and pers. comm.; Forsman 2010, pers. Implementing current land persist in the developing stands comm.; Hopkins 2010, pers. comm.; management policies in the Coast Range (Forsman 2010, pers. comm.). Younger Swingle 2010, pers. comm.). Thus, Province is projected to provide an stands may also be important for while the value of younger stands as increase (approximately 20 percent) in

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63739

red tree vole habitat over the next 100 nature of public lands in the northern Federal lands with the highest quality years, primarily on Federal and State Oregon Coast Range suggests that a habitats, suggests that any future gains lands (Spies et al. 2007b, p. 53). potential gain of 20 percent more are likely not sufficient to offset the Vegetation simulations indicate that suitable habitat 100 years from now is present threat of habitat loss, private industrial timber lands will likely not sufficient to offset the loss, modification, or fragmentation, and its generally be dominated by open and modification, and fragmentation of ongoing contribution to the isolation of small- and medium-sized conifer habitat and isolation of populations that red tree voles in the DPS. forests. Old forest structure and habitat collectively pose an immediate threat to Summary of Factor A will strongly increase on Federal and the red tree vole in the DPS. The North Oregon Coast DPS of the State lands, and large, continuous Loss of forest land to development is red tree vole is threatened by the effects blocks of forest will increase primarily projected to occur in 10 percent of the of both past and current habitat loss, on Forest Service and State lands Coast Range Province, and would most including ongoing habitat modification (Johnson et al. 2007, pp. 41–42). The likely occur on non-industrial private that results in the maintenance of poor estimate of older forests on State lands, lands, near large metropolitan areas, and quality forest habitats and insufficient however, may be a substantial along the Willamette Valley margin older forest habitats, addressed here, overestimate because the analysis was (Johnson et al. 2007, p. 41; Spies et al. and habitat fragmentation and isolation not able to fully incorporate the 2007a, p. 11). Although timber of small populations, addressed under complexity of the State forest production in the Coast Range has Factor E. Most of the DPS, nearly 80 management plan (Johnson et al. 2007, shifted by ownership class, declining on percent, is in State, County, and private p. 43; Spies et al. 2007a, p. 11). In Federal lands and increasing on private ownership, and most of the forested addition, the Oregon Department of lands, overall production is projected to areas are managed for timber Forestry (ODF) has since reduced the stay at recent harvest levels. Actual production. Ongoing timber harvest on targeted level of old forest to be production may result in levels higher a short rotation schedule over most of developed in northwestern Oregon than projected because harvest levels this area maintains these forest habitats forests (ODF 2001, p. 4–48; 2010c, p. 4– estimated for private industrial in a low-quality condition, preventing 48). Yet even with the projected timberland were conservative (Johnson these younger stands from developing increase, the amounts of old forest will et al. 2007, pp. 42–43) and timber the older forest conditions most suitable not approach historical levels estimated production on State lands may be for red tree voles. Although the role of to have occurred over the last 1,000 underestimated by 20 to 50 percent younger forest stands is not entirely years in the Coast Range Province (Spies (Johnson et al. 2007, p. 43). Johnson et clear, we conclude the preponderance of et al. 2007a, pp. 10–11), and these al. (2007, pp. 45–46) described several the best available information suggests blocks of restored older forest will key uncertainties that were not that red tree voles are habitat specialists continue to be separated by forests in accounted for in their projections of strongly associated with unfragmented earlier seral stages on private lands. future trends in the Coast Range that forests that exhibit late-successional Although restoration of Oregon Coast could potentially affect their results. characteristics; while younger forests Range forests to historical levels of older These uncertainties include: effects of may play an important role as interim forest conditions is not requisite for the climate change; recently adopted or dispersal habitat, older forests are conservation of red tree voles, we have initiatives that may result in an required to maintain viable populations no evidence to suggest the present increased loss of forest land to cities, of red tree voles over the long term. The dearth of suitable habitat for the red tree towns, and small developments; a ongoing management of forests in the vole will be alleviated by the modest possible decrease in global North Oregon Coast DPS for the projected increases in older forest competitiveness of the Coast Range purposes of timber harvest thus conditions on Federal and State lands forest industry; sales of industrial contributes to the threat of habitat within the DPS. Even though the forests to Timber Management modification for the red tree vole, as amount of suitable habitat on public Investment Organizations that may forest habitats are prevented from lands may eventually increase, these result in a shift of land use to other attaining the high-quality older forest patches of suitable habitat will remain types of development; the effects of characteristics naturally selected by red fragmented due to landownership Swiss needle cast on the future of tree voles and are maintained in a low- patterns and associated differences in plantation forestry; and effects of quality condition for red tree voles in management within the DPS. wildfire. Most of these scenarios would the DPS. Furthermore, the time required for stand result in a loss of existing or potential Factors that hinder the development development to achieve these improved tree vole habitat, contributing further to and maturation of younger forest stages conditions, 100 years, is substantial; the present loss, modification, into late-successional forest conditions whether these gradual changes will fragmentation, and isolation of habitat contribute to the ongoing modification occur in time to benefit the red tree vole for the red tree vole within the DPS, of suitable habitat and maintain the in the North Oregon Coast DPS is although the magnitude of that loss is present condition of insufficient unknown. However, we anticipate that uncertain. In conclusion, while modest remaining older forest habitat for the red any patches of suitable habitat that may increases in tree vole habitat are tree vole in the DPS. The persistence be found on public lands within the expected to occur in the Oregon Coast and development of high-quality tree DPS 100 years from now will continue Range over the next century, they are vole habitat over the next century under to be fragmented and isolated, due to limited primarily to Federal lands and, existing management policies is likely the management practices on to some lesser degree, State lands, to occur primarily on Federal lands, and intervening private lands that inhibit although the amount of older forests on to a lesser degree on State lands. connectivity. Thus, although projected State lands may be an overestimate. As However, as Federal lands make up less future conditions represent a potential described above, the time lag in than a quarter of the area of the DPS, improvement in suitable habitat for the achieving this potential increase in even with eventually improved red tree vole, the time lag in achieving suitable habitat and the fragmented conditions, suitable red tree vole habitat these conditions and the fragmented nature of public lands, especially those will remain restricted in size and in a

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63740 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

fragmented, isolated condition for the as Alex Walker, Murray Johnson, Doug Factor B. Overutilization for foreseeable future. In the interim, Bake, Chris Maser, and Percy Clifton Commercial, Recreational, Scientific, or thinning activities designed to (Forsman 2009, pers. comm.). Although Educational Purposes accelerate the development of late- standardized quantitative data are not We are not aware of any information successional forest structure conducive available to rigorously assess population that indicates that overutilization for to tree vole habitat may reduce or trends of red tree voles, we believe it is commercial, recreational, scientific, or eliminate local populations for an reasonable to conclude that, based on educational purposes threatens the undetermined amount of time. information from retrospective surveys continued existence of the North Oregon Declines in the amount of older forest of historical vole collection sites, red Coast DPS of the red tree vole and have within the Coast Range Province are tree voles have declined in the DPS and determined that this factor does not unprecedented in recent history no longer occur, or are now scarce, in (Wimberly et al. 2000, pp. 176–178). pose a significant threat to the viability areas where they were once relatively This decline has translated into of the North Oregon Coast DPS of the substantial habitat loss for red tree abundant. Loss of habitat in the DPS, red tree vole. primarily due to timber harvest, has voles, with only 11 percent Factor C. Disease or Predation (approximately 425,000 ac (173,000 ha)) been substantial and has probably been We are not aware of any information of the nearly 4 million acres (1.6 million a significant contributor to the apparent that indicates that disease threatens the ha) within the DPS boundary assumed decline in tree vole numbers. Current North Oregon Coast DPS of the red tree to be potentially suitable habitat (Dunk management practices for timber vole, now or in the foreseeable future. 2009, p. 5). Most of this suitable habitat production, particularly on the State, With respect to predation, the red tree is restricted to Federal lands that lie in and privately-owned lands that two discontinuous clusters within the comprise the vast majority of the DPS, vole is prey for a variety of mammals DPS. State and private lands, which keep the majority of the remaining forest and birds (see above under Mortality), collectively comprise nearly 80 percent habitat from maturing and developing although voles persist in many areas of the DPS area, provide very little the late-successional characteristics that despite the large numbers of predators suitable habitat; roughly 4 to 5 percent comprise highly suitable habitat for red (Forsman et al. 2004, p. 300). However, barred owls have recently expanded of the State and private lands are tree voles. Current management for into the Pacific Northwest and are a considered potentially suitable habitat timber harvest thereby contributes to the relatively new predator of red tree voles. for red tree voles (Dunk 2009, pp. 6–7). ongoing modification of tree vole Although a recent pellet study indicates Nearly 90 percent of the DPS is habitat, as well as the fragmented and currently in a habitat condition avoided that barred owls occasionally prey on isolated condition of the remaining tree voles (Wiens 2010, pers. comm.), by red tree voles, and only 0.3 percent limited older forest habitat for the of the DPS is in a condition for which the long-term effects of this new species. Indications are that the predator are uncertain. Barred owls red tree voles show strong selection for remaining older forest patches are likely nesting (Dunk 2009, p. 7). Given that have a more diverse diet than northern too small and isolated to maintain red nest presence does not correspond spotted owls, an established tree vole tree voles over the long term (see Factor exactly with vole presence, and that the predator (Courtney et al. 2004, p. 7–40). E, below). The biology and life history FIA sampling design may include While the varied diet of the barred owl habitat that is unavailable to tree voles, of red tree voles render the species may potentially limit their pressure as this is likely an overestimate of especially vulnerable to habitat predators on tree voles, the fact that potential red tree vole habitat. Although fragmentation, isolation, and chance they outnumber spotted owls in the Federal lands offer some protection and environmental disturbances such as southern portion of the DPS by a 4:1 management of red tree vole habitat, large-scale fires that could reasonably be ratio (Wiens 2010, pers. comm.) may indications are that there may not be expected to occur within the DPS increase that pressure. Whether enough habitat in suitable condition to within the foreseeable future (Martin predation on red tree voles may support red tree voles north of U.S. and McComb 2003, p. 583; also significantly increase as a result of Highway 20. In this area of the DPS addressed in Factor E). Based on our growing numbers of barred owls is Federal land is limited, connectivity evaluation of present and likely future unknown. Therefore, we cannot draw between blocks of Federal land is habitat conditions, we conclude that the any conclusions as to the impact of restricted, and there are few known vole ongoing effects of the destruction, barred owl predation on red tree voles sites currently available to potentially modification, and curtailment of its in the DPS at this time. recolonize habitat as it matures into habitat, in conjunction with other Conclusion for Factor C suitable condition. Surrounding private factors described in this finding, pose a timber lands are not expected to provide significant threat to the persistence of While predators undoubtedly have long-term tree vole habitat over the next the North Oregon Coast DPS of the red some effect on annual fluctuations in century, and projections of suitable tree tree vole. tree vole numbers, there is no evidence vole habitat on State land may be to suggest that changes in predation We have evaluated the best available overestimates. rates have caused or will cause long- scientific and commercial data on the term declines in tree vole numbers. Tree Conclusion for Factor A present or threatened destruction, voles are exposed to a variety of Recent surveys at locations within the modification, or curtailment of the predators and as a prey species they DPS where voles were readily captured habitat or range of the North Oregon have adapted traits that reduce their 30 to 40 years ago have resulted in Coast DPS of the red tree vole, and exposure and vulnerability to predation; significantly fewer voles captured per determined that this factor poses a examples include cryptic coloration and unit of survey effort compared to significant threat to the continued leaping from trees when pursued (Maser historical collections. This suggests that existence of the North Oregon Coast et al. 1981, p. 204), or minimizing the tree vole numbers have declined in DPS of the red tree vole, when we duration of individual foraging bouts many areas where voles were once consider this factor in concert with the outside of the nest (Forsman et al. readily obtained by early collectors such other factors impacting the DPS. 2009a, p. 269). While habitat alterations

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63741

may affect the exposure and tree voles on private timberlands in timber harvest may still occur (section vulnerability of tree voles to predators Oregon. 6 of OAR 629–640–0100 and section 7 (see above under Mortality), predators Per the Oregon Revised Statute, an of OAR 629–640–0200). In addition, themselves do not appear to be a average of two snags or green trees per basal area credits may be granted, upon principal threat affecting long-term ac (0.8 per ha) greater than 30 ft (9 m) approval, for other stream trends in red tree vole numbers. We tall and 11 in (28 cm) diameter are enhancements, such as placing downed therefore conclude that the continued required to be left in harvest units logs in streams to enhance large woody existence of the red tree vole in the greater than 25 ac (10 ha) (ORS debris conditions (OAR 629–640–0110). North Oregon Coast DPS is not 527.676); up to half of these trees may Thus, while basal area credits may threatened by disease or predation, nor be hardwoods. Retention buffers are produce in-stream enhancements, they is likely to become so. required around northern spotted owl simultaneously reduce potential We have evaluated the best available nest sites (70 ac (28 ha) of suitable arboreal habitat for red tree voles. scientific and commercial data on the habitat) (OAR 629–665–0210), bald Given the extensive network of effects of disease or predation on the eagle nest sites (330-ft (100-m) buffer) streams within the Coast Range, riparian North Oregon Coast DPS of the red tree (OAR 629–665–0220,), bald eagle roost management areas appear to have vole, and determined that this factor sites (300-ft (100-m) buffer) (OAR 629– potential in providing connectivity does not pose a significant threat to the 665–0230), and great blue heron nest habitat for red tree voles between large viability of the North Oregon Coast DPS sites (300-ft (91-m) buffer) (OAR 629– patches of remnant older forest stands. of the red tree vole. 665–0120). In addition, foraging trees However, given the minimum tree used by bald eagles (OAR 629–665– retention sizes and numbers prescribed Factor D. Inadequacy of Existing 0240) and osprey nest trees and under the OAR, we believe them to be Regulatory Mechanisms associated key nest site trees (OAR 629– insufficient to provide adequate habitat Timber harvest has been identified as 665–0110) are also protected from to sustain populations of red tree voles, the primary cause of vegetation change timber harvest. In all cases, protections and likely not sufficient to provide and loss of red tree vole habitat in the of these sites are lifted when the site is connectivity between large patches of Oregon Coast Range Province (Wimberly no longer considered active (OAR 629– remnant older forest stands. As an and Ohmann 2004, pp. 643–644) (see 665–0010). example, the streamside rules applying Factor A discussion, above). Although Within the Coast Range, small the most protection apply around fish- most of the losses of late-successional perennial streams that are neither fish bearing streams (sections 5–7 of OAR forest conditions occurred historically, bearing nor a domestic water source 629–640–100). Although these sections these losses, combined with current have no tree retention requirements. require retention of 40 live conifer trees management of younger forests on both With respect to all other perennial per 1,000 ft (305 m) along large streams, private and public lands, contribute to streams, no harvest is allowed within 20 and 30 live conifer trees along medium the ongoing modification, curtailment, ft (6 m). In addition, riparian streams, these trees need only be 11 in fragmentation, and isolation of habitat management areas are established (28 cm) dbh for larger streams and 8 in for the red tree vole in the DPS. The around all fish-bearing streams and (20 cm) dbh for medium streams to inadequacy of existing regulatory large or medium non-fish-bearing count toward these requirements. mechanisms in regard to timber harvest streams; their distances range from 20 to Although these regulatory requirements contributes to these threats. Regulations 100 ft (6 to 30 m) beyond the stream, are stated as minimums, they for timber harvest differ among land depending on the stream size and fish- potentially allow for conditions such ownerships and are explained in bearing status. Within these riparian that the remaining trees will likely be separate sections below. management areas, from 40 to 300 far smaller than those generally utilized Regulatory Mechanisms on Private Land square ft (4 to 28 square m) of basal area by red tree voles, and the remaining must be retained for every 1,000 ft (305 trees may be relatively widely dispersed Private lands make up 62 percent of m) of stream; basal area retention levels along the riparian corridor, thereby the DPS, and over 75 percent of timber depend on stream size, fish presence, impeding arboreal movement. harvest in the Coast Range Province is and type of harvest (OAR 629–640–0100 Furthermore, the purpose of tree expected to come from private forest through 629–640–0400). Trees within retention in riparian management areas lands (Johnson et al. 2007, entire; Spies the no-harvest 20-ft (6-m) buffer count is to retain stream shade, and retaining et al. 2007b, p. 50). The Oregon Forest towards these retention requirements. a minimum number of live conifers is Practice Administrative Rules and To meet the basal area requirement designed to distribute that shade along Forest Practices Act (OAR) (Oregon within the riparian management areas of the stream reach by retaining more, Department of Forestry 2010a, entire) large and medium streams, a minimum smaller trees to meet the basal area apply on all private and State-owned number of live conifers must be retained requirements rather than concentrate lands in Oregon, regulating activities to meet shade requirements. Depending the targeted basal area into a few large that are part of the commercial growing on stream size and fish-bearing status, trees. Consequently, there is little and harvesting of trees, including timber live conifer retention requirements incentive to retain any larger trees harvesting, road construction and range from 10 to 40 per 1,000 ft (305 m) within the riparian management areas. maintenance, slash treatment, of stream, with a minimum size of either Although in general biological reforestation, and pesticide and 8 or 11 in (20 or 28 cm) dbh. If the basal corridors are believed to be beneficial fertilizer use. The OAR provide area requirements are still not met with for the conservation of fragmented additional guidelines intended for the minimum conifer retention, the populations by allowing for genetic protection of soils, water, fish and remainder can be met with trees greater interchange and potential recolonization wildlife habitat, and specific wildlife than 6 in (15 cm); a portion of this (e.g., Bennett 1990, entire; Fahrig and species while engaging in tree growing retention can be met with snags and Merriam 1994, p. 51; Rosenberg et al. and harvesting activities. The red tree hardwoods (excluding red alder (Alnus 1997, p. 677), possible disadvantages vole is not one of the specific species rubra)). For all streams where the pre- may include potential increases in provided for in the OAR, and we are not harvest basal area of the riparian area is predation, parasitism, and invasion of aware of any proactive management for less than the targeted retention level, interior habitats by introduced species

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63742 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

(e.g., Wilcove et al. 1986, pp. 249–250; tree vole would likely avoid using such red tree vole is not one of the specific Simberloff and Cox 1987, pp. 66–67; areas for movement between remaining species protected by the OAR, and due Yahner 1988, p. 337; Simberloff et al. patches of conifer forest. Observations to its relatively specialized habitat 1992, p. 498). Long, narrow strips of that red tree voles are now apparently requirements and limited dispersal habitat suffer from a high ratio of edge absent from forest stands where they capability, provisions intended to to interior, resulting in ‘‘edge effects’’ historically occurred indicate riparian conserve habitat for other wildlife such as altered microclimates and management areas are likely not species are likely inadequate to provide potentially increased vulnerability to functioning as successful corridors for for the conservation of the red tree vole. generalist predators (Yahner 1988, p. dispersal and recolonization by red tree Despite the incidental benefits provided 337; Saunders et al. 1991, pp. 20–22; voles in the DPS. by protective measures for aquatic Chen et al. 1993, p. 220). In old-growth Although the OAR do not specifically resources and other wildlife, Douglas-fir forests, altered provide protection for red tree voles, management under this regulatory environmental conditions may extend some protections may be afforded to mechanism results in much of the up to 137 m (450 ft) from the forest individuals that are incidentally found habitat for the red tree vole being edge, to the extent that patches less than within buffers retained for sensitive continually modified such that 10 ha (25 ac) in size provide essentially wildlife sites. However, such scattered insufficient high-quality habitat (well- no forest interior habitat (Chen et al. remnants of possible habitat are connected stands with older forest 1992, p. 395). unlikely to protect viable populations characteristics) is maintained, and due to their small size and fragmented The successful use of corridors to remnant older forest patches remain and isolated nature. In addition, these maintain regional populations is highly fragmented and isolated due to protected areas can be logged if the site species-specific (Rosenberg et al. 1997, intensive management in the is no longer occupied by the target p. 683; Debinski and Holt 2000, p. 351), surrounding landscape. We therefore species. The short timber harvest and depends on the spatial conclude that existing regulatory rotations (e.g., in calculating its riparian configuration of the remaining habitat, mechanisms on private land are rule standards, OAR assume 50-year the quality of the corridor habitat, and inadequate to provide for the rotations for even-aged stands, and 25- conservation of the North Oregon Coast the habitat specificity and dispersal year entry intervals for uneven-aged DPS of the red tree vole, as they ability of the species in question management) in the surrounding contribute to threats of habitat (Henein and Merriam 1990, p. 157; landscape further limits the potential for destruction, modification, or Fahrig and Merriam 1994, p. 53; With a well-connected tree vole population. curtailment under Factor A, as well as and Crist 1995, entire; Rosenberg et al. Although tree voles have been found in the threats of habitat fragmentation and 1997, entire). In general, habitat these younger stands, frequent isolation of small populations under specialists with limited dispersal thinnings, larger harvest units, and the Factor E. capabilities, such as the red tree vole, tendency for these large harvest units to have a lower ‘‘critical threshold’’ for aggregate into larger blocks of younger Regulatory Mechanisms on State Land responding to fragmented habitats; such stands that are unlikely to develop into State lands make up 16 percent of the species may experience the red tree vole habitat (Cohen et al. 2002, DPS, totaling just over 600,000 ac environment as functionally p. 131) decrease the likelihood that tree (242,800 ha). Although there are some disconnected even when their preferred voles will persist on industrial private scattered State parks located primarily habitat still comprises nearly half of the timber lands even with protections along the coastal headlands, virtually all landscape (With and Crist 1995, p. 2452; afforded to other species per the OAR. of the State ownership in the DPS is Pardini et al. 2010, p. 6). Reduced Therefore, based on the above land managed by the Oregon survival probability for animals moving assessment, we conclude that existing Department of Forestry (ODF) in the through linear corridors of habitat may regulatory mechanisms on private land Tillamook and Clatsop State Forests, as potentially be offset by large numbers of are inadequate to ameliorate the threat well as other scattered parcels of State dispersers, but for animals with of habitat loss and fragmentation and forest land in the southern half of the relatively low reproductive rates and provide for the conservation of the DPS. State forest lands are to be actively low mobility, such as the red tree vole, North Oregon Coast DPS of the red tree managed, assuring a sustainable timber survival probability may be vole. supply and revenue to the State, compromised under such conditions counties, and local taxing districts (ODF (Martin and McComb 2003, p. 578). Summary of Regulatory Mechanisms on 2010c, pp. 3–2, 3–4 to 3–5). Annual Poor-quality habitat conditions for red Private Land timber harvests projected over the next tree voles in riparian management areas, Private lands comprise more than 60 decade for each of the three State Forest such as from reduced canopy cover, percent of the DPS, and most of the districts within the DPS sum to 181 may reduce their probability of survival projected future timber harvest in the million board feet (422,000 cubic m) in moving through such a patch (Martin Oregon Coast Range is anticipated to (ODF 2009, p. 59; 2011a, p. 69; 2011b, and McComb 2003, p. 577). For come from these lands. The Oregon p. 65). Harvest intensities (annual example, there is some evidence that Forest Practices Administrative Rules harvest per acre of landbase) differ by small mammals may experience and Forest Practices Act (OAR) provide district; harvest intensity for the increased risk and local extinction the current regulatory mechanism for Tillamook District, which comprises events of predation in narrow corridors timber harvest on private lands within half of the State Forest ownership or isolated fragments of habitat (e.g., the DPS. The stated goal of the OAR is within the DPS, is projected at 188 Henderson et al. 1985, p. 103; Mahan to provide for commercial growing and board feet per acre (0.526 and 0.530 and Yahner 1999, pp. 1995–1996). harvesting of trees. The OAR cubic m per ha) per year. The Astoria Although riparian buffers are frequently additionally provide guidelines and Forest Grove Districts project suggested as potential corridors for intended to protect soils, water, and fish substantially higher harvest intensities dispersal, Soule´ and Simberloff (1986, and wildlife habitat, including of 526 and 530 board feet per acre per pp. 33–34) specifically suggest that protection of specific wildlife species, year, respectively. Acreages used to forest interior species such as the red during the course of these activities. The calculate harvest intensity may include

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63743

acres that are not capable of producing to management around marbled are larger than what is required on forest and may be a slight murrelet and northern spotted owl sites, private lands, they still allow for a underestimate. ODF exceeds the protections called for reduction in existing habitat suitability The overarching statutory goal for by the OAR. Spotted owl sites are for red tree voles, with minimum management of State forest lands is to protected by a 250-acre (101-ha) core retention levels not meeting tree vole provide, ‘‘healthy, productive, and area around the nest, maintenance of habitat requirements due to reduced sustainable forest ecosystems that over 500 acres of suitable habitat within 0.7 stand densities and lack of crown time and across the landscape provide mi (1.1 km) of the nest, and 40 percent continuity. a full range of social, economic, and of habitat within 1.5 mi (2.4 km) of the State forests are managed for specific environmental benefits to the people of nest (ODF 2008, 2010b). Currently there amounts of forest structural stages. The Oregon’’ (ODF 2010c, p. 3–12). Common are three owl sites on ODF State Forests objective is to develop 15 to 25 percent School Forest Lands comprise 3 percent within the DPS, and another six in of the landscape into older forest of the northwestern Oregon State adjacent lands wherein buffers from structure (32 in (81 cm) minimum Forests, and they are to be managed to these sites overlap onto ODF ownership diameter trees, multiple canopy layers, maximize income to the Common (ODF 2011, unpublished data). Marbled diverse structural features, and diverse School Fund (ODF 2010c, p. 3–2). To murrelet management areas (MMMA) understory) and 15 to 25 percent into the extent that it is compatible with are established around marbled murrelet layered structure (two canopy layers, these statute-based goals, wildlife occupied sites (ODF 2010d) with the diverse multi-species shrub layering, resources are to be managed in a purpose of retaining habitat function. and greater than 18 in (46 cm) diameter regional context, providing habitats that There are 42 MMMAs within the DPS trees mixed with younger trees) over the contribute to maintaining or enhancing totaling 6,281 acres (2,542 ha), averaging long term (ODF 2010c, p. 4–48). native wildlife populations at self- 150 acres (61 ha), and ranging in size Attainment of these objectives would sustaining levels (ODF 2010c, pp. 3–12, from 13 to 623 acres (5 to 252 ha) (ODF benefit the red tree vole; however, this 3–14). 2011, unpublished data). Sixteen is not the current condition of State The Northwestern Oregon State Forest percent of the MMMA acres occur forests within the DPS, and these Management Plan provides management within terrestrial anchor areas. ODF also desired future conditions are not direction for the State Forests within the applies the OAR protection buffers for projected to be reached for at least 70 DPS (ODF 2010c, p. 1–3). There is no bald eagle nests and roosts, and great years (ODF 2010c, p I–13). At present, specific direction in the ODF blue heron nests (see Regulatory only about 1 percent of the State forests northwestern forest management plan Mechanisms on Private Land above). in northwestern Oregon is currently in recommending or requiring surveys or older forest structure and 12 percent is protecting tree vole sites if they are ODF regulations for fish-bearing in a layered structure condition (ODF found on State lands. ODF personnel are streams provide a 170-ft (52 m) buffer 2003a, pp. 4, 12; ODF 2003b, pp. 4, 16; recording tree vole nest locations as on each side, with no harvest within 25 ODF 2009, pp. 4, 21; ODF 2011a, pp. 6, ancillary information collected during ft (7.6 m), management for mature forest 20, 23; ODF 2011b, pp. 6, 25). While 13 climbing inspections of marbled (basal area of 220 square ft (20 square percent of the State forests is in a murrelet (Brachyramphus marmoratus) m) of trees greater than 11 in (28 cm) complex structure category (old forest nests (Gostin 2009, pers. comm.), but are dbh) between 25 and 100 ft (7.6 and 30 and layered forest structure, combined), not implementing management or m) of the stream, and retention of 10 to only a small subset of this likely conservation measures to known sites 45 conifers and snags per acre (4 to 18 provides tree vole habitat given that beyond recording the nests. per ha) between 100 and 170 ft (30 and only 5 percent of the State land is Red tree voles are, however, one of 52 m) of the stream (ODF 2010c, p. J– considered actual red tree vole habitat several species of concern identified by 7). Large and medium streams that are (Dunk 2009, pp. 5, 7). ODF for which anchor habitats have not fish-bearing have management Given the description provided (ODF been established (ODF 2010c, pp. 4–82 standards similar to fish-bearing streams 2010c, p. 4–48), we estimate the older to 4–83, E–42). Anchor habitats are, except that conifer and snag retention forest structure condition as defined by ‘‘intended to provide locales where levels between 100 and 170 ft (30 to 52 the ODF would generally provide red populations will receive a higher level m) from the stream are reduced to 10 tree vole habitat. However, only some of protection in the short-term until per ac (4 per ha) (ODF 2010c, p. J–8). portion of the layered structure additional suitable habitat is created Management standards for small, condition appears to be suitable tree across the landscape’’ (ODF 2010c, p. 4– perennial, non-fish-bearing streams, as vole habitat, and that is likely to be 82). They are not intended to be well as intermittent streams considered stands with more complexity that are permanent reserves. Terrestrial anchor ‘‘high energy reaches’’ (ODF 2010c, pp. closer in condition to that found in habitats are intended to benefit species J–9—J–10), apply to at least 75 percent stands classed as old forest structure. associated with older forest and interior of the stream reach and include no Thus, stands that currently meet tree habitat conditions, and management harvest within 25 ft (7.6 m), retain 15 to vole habitat requirements on State lands within them will promote the 25 conifer trees and snags per acre (6 to are limited to 5 percent of the development of complex forest structure 10 per ha) between 25 to 100 ft (7.6 to ownership and, given such a low (ODF 2010c, pp. 4–82 to 4–83). Within 30 m) of the stream, and retain 0 to 10 proportion, most likely isolated. the State Forests in the DPS, there are conifer trees and snags per acre (0 to 4 Furthermore, the direction is to actively 11 terrestrial anchor habitat areas per ha) between 100 to 170 ft (30 to 52 manage these landscapes to meet the totaling 40,706 ac (16,474 ha) with a m). Additional management standards targeted forest structure stages via mean size of 3,701 ac (1,498 ha) (ODF also apply within 100 ft (30 m) of thinning activities that promote desired 2011, unpublished data). intermittent streams (ODF 2010c, p. J– structural features. The use of thinning Although the OAR apply on all State 10). Within harvest units, all snags are activities to create stands that may be lands, the ODF may develop additional to be retained, and green tree retention suitable habitat for red tree voles has not site-specific management regulations must average 5 per ac (2 per ha) (ODF been tested; to the extent we can that are potentially more stringent than 2010c, pp. 4–53 to 4–54). Although develop the appropriate structure and those set forth in the OAR. With respect riparian retention levels on ODF lands conditions in the long term, such

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63744 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

treatments in the surrounding landscape In addition to OAR requirements to managed for some level of continuing over the short term likely further limits provide buffers to protect certain timber harvest. The loss and the potential for a well-connected tree wildlife species, ODF provides modification of red tree vole habitat on vole population in the interim. additional buffers for spotted owls and State lands, compounded by isolation of Meanwhile, tree voles would have to marbled murrelets, as well as additional existing habitat as a result of timber persist in these small patches of suitable retention blocks in the form of terrestrial harvest, continues under existing habitat for decades before more suitable anchor habitats scattered throughout its regulatory mechanisms. In addition, habitat developed. ownership. While these areas provide there are no mechanisms in place to The effects of thinning treatments on for some habitat retention, some are protect existing occupied tree vole sites red tree voles is not well understood. likely too small and most too isolated to outside of retention areas. We therefore Younger stands may be important for provide for a species with limited conclude that existing regulatory allowing dispersal and short-term dispersal ability, such as the red tree mechanisms on State land are persistence of tree voles in landscapes vole. Furthermore, without pre-project inadequate to provide for the where older forests are either isolated in surveys for voles, the species will need conservation of the North Oregon Coast remnant patches or have been largely to serendipitously be in these retention DPS of the red tree vole, as they eliminated (Swingle 2005, p. 94). blocks to be afforded any protections. contribute to threats of habitat Thinning these younger stands, while Occupied vole sites outside these areas destruction, modification, or designed to develop late-successional would be lost with any timber harvest curtailment under Factor A, as well as habitat characteristics in the long term, activity. This precludes the opportunity the threats of habitat fragmentation and has the potential to degrade or remove to potentially reduce isolation and isolation of small populations under tree vole habitat in the short term, provide for additional retention blocks Factor E. especially if thinning design does not elsewhere on the landscape where tree Regulatory Mechanisms on Federal account for structural features and the voles may actually be present, thereby Land connectivity of those features that are improving their dispersal potential. important to red tree voles (Swingle and Because of the small amounts (13 Federal lands comprise 22 percent of Forsman 2009, p. 284). As reported in percent) of complex forest habitat (1 the DPS (851,000 ac (344,400 ha)) and USDA and USDI (2002, p. 13), although percent older forest and 12 percent are concentrated in two separate areas. old, inactive red tree vole nests have layered forest structure) currently The southernmost portion lies between been found in thinned stands and available on State lands throughout the U.S. Highway 20 and the Siuslaw River, shelterwood treatments, no occupied DPS, there is limited ability to maintain and makes up roughly two-thirds of the nests have been found, suggesting that persistent populations of red tree voles Federal lands within the DPS (Figure 2). red tree voles are susceptible to stand on this ownership. Also, not all areas of The remaining Federal ownership, level disturbances that alter the canopy these combined structure categories may although more fragmented and layer and may cause sites to become provide tree vole habitat, considering dispersed than the southern portion in unsuitable. Biswell (2010, pers. comm.) that empirical evidence indicates only 5 terms of ownership pattern, is generally and Swingle (2010, pers. comm.) have percent of the State ownership within located between Lincoln City and also observed reduction in numbers or the DPS is currently considered tree Tillamook, with a few scattered parcels elimination of red tree voles from stands vole habitat (Dunk 2009, pp. 5, 7). State of BLM land in Columbia and that have been thinned. Hopkins (2010, Forest Management Plans call for Washington Counties. The Siuslaw pers. comm.) found that buffering nests developing more of these older habitats, National Forest comprises 41 percent of with a 10-ac (4-ha) buffer would result but these conditions are not expected to the Federal land in the DPS, and the in the presence of nests post-thinning, be reached for at least 70 years. Salem and Eugene BLM Districts make but he did not attempt to verify vole Moreover, the use of thinning activities up the remainder. Federal lands have occupancy through visual observations to create stands that may be suitable been managed under the Northwest of voles. habitat for red tree voles has not been Forest Plan (NWFP) (USDA and USDI Although State Forest lands are tested; to the extent we can develop the 1994, entire), although there is past and managing part of their landbase to retain appropriate structure and conditions, it ongoing litigation that has, and will and develop some older forest habitat, is reasonable to conclude that much of continue to, affect management the lack of survey and protection the 15 to 25 percent of the landscape planning for BLM within the DPS (see mechanisms to protect existing tree vole targeted as older forest structural below). Implementation of the NWFP sites, combined with the limited condition may eventually be suitable resulted in an 80 to 90 percent availability of current suitable habitat tree vole habitat. However, as described reduction of timber harvests from and intensity of harvest and thinning above, based on the currently observed Federal lands in the Coast Range activities between protected areas, leads proportion of suitable red tree vole compared to levels in the 1980s (Spies us to conclude that existing regulatory habitat relative to layered forest et al. 2007b, p. 50). Approximate timber mechanisms on State lands are conditions, it is likely only some harvests projected for the next 2 years inadequate to ameliorate the threat of undetermined portion of the 15 to 25 on the Federal ownership in the North habitat loss and fragmentation and percent of the landscape targeted as Oregon Coast DPS sum to 99 million provide for the conservation of the layered forest condition may provide board feet (231,000 cubic m) on average North Oregon Coast DPS of the red tree suitable habitat. Finally, thinning per year (Herrin 2011, pers. comm.; vole. activities designed to meet these long- Nowack 2011, pers. comm.; Wilson term structure targets may place 2011, pers. comm.). This may include Summary of Regulatory Mechanisms on additional limitations on the ability of harvest in some areas within an State Land tree vole populations to be well administrative unit that is not As discussed above under connected over those next 70 years. encompassed by the DPS, primarily that ‘‘Regulatory Mechanisms on Private Although the State does manage their portion of the Siuslaw National Forest Land,’’ there may be some ancillary forests with an eventual increase in that lies south of the Siuslaw River benefits to red tree voles from actions older forest conditions as a goal, most of (approximately 15 percent of the forest taken to protect other wildlife species. the State lands within the DPS are acreage). Currently, all the harvest on

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63745

Federal land in the North Oregon Coast objective as LSRs, with a focus on described above. Additional areas of DPS occurs as thinning. Harvest maintaining and developing habitat for older and more structurally complex intensity (annual harvest per acre of northern spotted owls and marbled forest is retained under the WOPR in the landbase) differs by administrative unit murrelets (USDI 2008, p. 2–28). The Deferred Timber Management Area and ranges from 66 board feet per acre combined area of LSR and LSMA equals allocation, but only through the year (0.066 cubic m per ha) per year on the 52 percent of the Federal ownership 2023; this land allocation makes up less Siuslaw National Forest to 154 board managed for the purpose of developing than 0.5 percent of the Federal feet per acre (0.154 cubic m per ha) per and maintaining late-successional ownership within the DPS. year on that portion of the Eugene BLM conditions, although not all of the acres Of the 34 percent of Federal lands not District within the DPS. Acreages used in these allocations currently meet that designated as LSR or AMA in the DPS, to calculate harvest intensity may condition. Although forest structure can 18 percent is classified as either Matrix include acres that are not capable of vary widely with vegetation type, (6 percent) or Timber Management Area producing forest, and may be slightly disturbance regime, and developmental (TMA) (12 percent), NWFP and WOPR underestimated. stage, in Douglas-fir stands of western land allocations, respectively. These Within the DPS, BLM has operated Oregon, 80 years of age is the point at allocations are where commercial under two different management plans which stands can begin to develop the timber harvest is expected to occur (e.g., over the past several years. On structural complexity that is of value to regeneration harvest such as clearcuts). December 30, 2008, BLM published late-successional species (e.g., canopy Allocations to protect streams and Records of Decision (ROD) for the differentiation and multiple canopy other water bodies include Riparian Western Oregon Plan Revisions layers; understory development; large Management Areas (RMA) under the (WOPR), which revised the Resource limbs; large snags and logs; tree decay WOPR, and Riparian Reserves (RR) Management Plans for the BLM units in and deformities in the form of hollow under the NWFP. Under the WOPR, the western Oregon, including those units trees, broken tops, large cavities; and width of RMAs are reduced for most within the DPS. The WOPR meant that epicormic branching) (USDA and USDI water bodies by up to half the distances BLM would no longer be managing their 1994, pp. B–2 through B–7). Thinning compared to Riparian Reserves under land under the standards and guidelines and other silvicultural treatments are the NWFP (USDA and USDI 1994b, pp. of BLM’s 1995 Resource Management allowed in LSRs and LSMAs if needed C–30 through C–31; USDI 2008, p. 2– Plans, which had adopted the to create and maintain late-successional 33). Silvicultural activities, such as Northwest Forest Plan. On July 16, forest conditions. Within LSRs, thinning thinning, are allowed in these 2009, the Acting Assistant Secretary for is allowed in stands up to 80 years old, allocations to meet specific aquatic and Lands and Minerals administratively except for the Northern Coast AMA, riparian objectives (USDA and USDI 1994, pp. C–30 through C–31; USDI withdrew the WOPR RODs. The where it is allowed in stands up to 110 2008, 2–32 through 2–34). Riparian administrative withdrawal of WOPR years (USDA and USDI 1994, p. C–12). Management Areas have been mapped was challenged in court (Douglas There is no age limit for thinning in under WOPR and comprise 4 percent of Timber Operators, Inc. v. Salazar, 09– LSMAs (USDI 2008, p. 2–28). Salvage the Federal ownership within the DPS. 1704 JDB (D.D.C.). On March 31, 2011, after stand-replacement disturbances is Under the NWFP, stream densities in the United States District Court for the allowed in LSRs and LSMAs, although the Coast Range result in much of the District of Columbia vacated and there are different standards and Matrix allocation being overlain by remanded the administrative guidelines in place for these allocations withdrawal of the WOPR RODs, Riparian Reserves that can be anywhere (USDA and USDI 1994, pp. C–13 effectively reinstating the WOPR RODs from 150 to 500 ft (76 to 152 m) wide through C–16; USDI 2008, pp. as the operative Resource Management on each side of the stream, depending Summary-9, 2–28 to 2–32). Plan for BLM lands within the DPS. on the waterbody and site condition However, there remains ongoing The emphasis of the Northern Coast (USDA and USDI 1994b, pp. C–30 litigation, the result of which could Range AMA, an NWFP allocation, is to through C–31; Davis 2009, pers. comm.). affect the implementation of WOPR (e.g. restore and maintain late-successional Overlaying Riparian Reserves and Pacific Rivers Council v. Shepard, Case forest habitat consistent with marbled protections for other species called for No. 3:2011–cv–00442 (D. Or.); AFRC v. murrelet guidelines (USDA and USDI in the NWFP can substantially reduce Salazar-DOI/Locke, Case No. 1:11–cv– 1994, p. D–15) through developing and the area of Matrix available for timber 01174 (D.D.C.)). Our analysis of existing testing new approaches that integrate harvest. For example, between riparian regulatory mechanisms on Federal lands ecological, economic, and other social reserves and other protections required reflects the current management plans objectives. Although 14 percent of the by the NWFP, only 3 percent of the that are officially in place. That is, the Federal land in the DPS is allocated as Siuslaw National Forest is available for NWFP for Forest Service lands, and the AMA, 10 percent of Federal land is timber harvest other than thinning WOPR for BLM lands. managed as LSR within the AMA, treatments designed to meet ecological Of the Federal lands in the DPS, 34 meaning that LSR standards and objectives (Davis 2009, pers. comm.). percent are managed as LSRs, and 14 guidelines are to be followed unless The remaining 10 percent of lands in percent are managed as an Adaptive reconsidered as part of the AMA plan. the DPS under Federal ownership are in Management Area (AMA), which The current AMA plan has retained the Congressional Reserves, includes additional LSR management in original NWFP standards and guidelines Administratively Withdrawn Areas, and portions of the AMA (see below). for LSRs, so in effect 62 percent of the other areas under special management Another 18 percent are managed as Federal ownership is currently managed and not available for timber harvest. Late-Successional Management Area as LSR (52 percent LSR and LSMA, These areas may or may not be (LSMA). The primary management combined, and 10 percent AMA conducive to developing and objectives in LSRs, an NWFP allocation, managed as LSR). The one difference in maintaining older forest conditions, are to protect and enhance late- LSR management within the AMA as depending on their underlying successional forest conditions (USDA compared to the rest of the NWFP area management emphasis. and USDI 1994, p. C–11). The LSMAs, is that thinning is allowed in stands up In 2007, the BLM and the Forest established under WOPR, have a similar to 110 years of age in the AMA, as Service signed Records of Decision

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63746 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

(USDA 2007, entire; USDI 2007, entire) Although the Survey and Manage allowing dispersal and short-term that eliminated the Survey and Manage standards and guidelines are an artifact persistence of tree voles in landscapes mitigation measures from the BLM of the NWFP—and BLM is currently where older forests are either isolated in Resource Management Plans and the operating under the WOPR and not the remnant patches or have been largely Forest Service Land and Resource NWFP—as signatories to the Survey and eliminated (Swingle 2005, p. 94). Management Plans. These decisions Manage settlement agreement, they are Thinning these younger stands, while were challenged in court (Conservation applying the Survey and Manage designed to develop late-successional Northwest v. Rey, Case No. C–08–1067– program, as described above, on their habitat characteristics in the long term, JCC (W.D. Wash.)). On December 17, ownership within the DPS. The red tree has the potential to degrade or remove 2009, the court issued a decision finding vole falls under the Survey and Manage tree vole habitat characteristics in the multiple National Environmental Policy standards and guidelines; thus, prior to short term, especially if thinning design Act (NEPA) inadequacies in the 2007 certain habitat-disturbing activities, does not account for structural features Final Supplemental Environmental surveys and subsequent management of and the connectivity of those features Impact Statement. The parties to this high-priority sites are required for red that are important to red tree voles litigation reached a settlement tree voles. All sites on Federal land (Swingle and Forsman 2009, p. 284). As agreement that was approved by the within the DPS are considered high- reported in USDA and USDI (2002, p. court on July 6, 2011. The settlement priority sites with the exception of 13), although old, inactive red tree vole agreement reinstates the 2001 Survey 198,000 ac (80,130 ha) of the nests have been found in thinned stands and Manage ROD (USDA and USDI southernmost portion of the DPS and shelterwood treatments, no 2001, entire), as modified by the (primarily located within the Siuslaw occupied nests have been found, settlement agreement, for those Forest River drainage). Some tree vole sites on suggesting that red tree voles are Service and BLM units within the area Federal land in this portion of the DPS susceptible to stand-level disturbances covered by the NWFP. The 2011 would not be considered high-priority that alter the canopy layer and may Settlement Agreement makes four sites, depending on the amount of cause sites to become unsuitable. modifications to the 2001 ROD. It (1) reserve land allocation in the watershed, Biswell (2010, pers. comm.) and acknowledges existing exemptions habitat quality, number of active vole Swingle (2010, pers. comm.) have also (Pechman exemptions) from Survey and nests detected in survey areas, and the observed reduction in numbers or Manage Standards and Guidelines as a total survey effort (USDA and USDI elimination of red tree voles from stands result of an earlier court-approved 2003). that have been thinned. Hopkins (2010, stipulation from different litigation Although federally managed lands are pers. comm.) found that buffering nests (Northwest Ecosystem Alliance v. Rey, expected to provide for large, well- with a 10-ac (4-ha) buffer would result Case No. 04–844–MJP (W.D. Wash.)); (2) distributed populations of red tree voles in the presence of nests post-thinning, updates the 2001 Survey and Manage throughout most of their range, the but he did not attempt to verify vole species list; (3) establishes a transition northern Oregon Coast Range north of occupancy through visual observations period for application of the species list; Highway 20 within the DPS is an of voles. and, (4) establishes new exemption exception. For this area, despite of the categories (2011 Exemptions), to which majority of the Federal land being Red tree voles are afforded more known site management may apply. managed as LSRs or LSMAs, the Final protection on Federal lands than on Under the 2011 settlement agreement, Environmental Impact Statement State Forest and private lands within the Pechman exemptions continue to analyzing the effects of discontinuing the DPS, primarily as a result of the apply to projects classified into four the NWFP Survey and Manage program Survey and Manage protections. Before categories and include thinning in concluded that regardless of the tree commencing timber harvest activities stands younger than 80 years old, vole’s status as a Survey and Manage (except for thinning activities in stands replacing or removing culverts, species, the combination of small under 80 years old), projects must be improving riparian and stream habitat, amounts of Federal land, limited surveyed for tree voles and high priority and using prescribed fire to treat connectivity between these lands, and sites protected. Thirty percent of the hazardous fuels. few known vole sites would result in Federal ownership is currently The 2011 settlement agreement habitat insufficient to support stable considered tree vole habitat; 62 percent establishes seven categories of new populations of red tree voles north of of the Federal ownership is in a land exemptions. Highway 20 (USDA and USDI 2007, pp. allocation wherein management The following categories of activities 291–292). Federal lands provide more objectives call for retaining and are exempt from pre-disturbance habitat for red tree voles than other developing late-successional and old surveys for species on the Survey and ownerships in the DPS and have land forest structural conditions. Another 10 Manage list, but known site allocations, such as LSRs, that require percent are in allocations that preclude management may apply: (1) Recreation; management to maintain and restore timber harvest, although not all of these (2) fish and wildlife habitat restoration; late-successional conditions that are allocations may develop habitat suitable (3) treatment of weeds and sudden oak more suitable as red tree vole habitat. for tree voles. However, most of the death; (4) certain hazardous fuel However, the limited amount of Federal Federal landbase should develop into treatments in Wildland Urban Interface; lands in the DPS restricts red tree vole conditions suitable as red tree vole (5) bridges; (6) non-commercial fuel distribution and magnifies the effect of habitat at some point in the future given treatments; and (7) restoration projects habitat loss occurring from stochastic the current Federal land management. involving commercial logging. The 2011 events, further limiting the red tree In addition, conifer-dominated forests in settlement agreement contains specific vole’s ability to persist in an area or Riparian Reserves and Riparian directions applying known site recolonize new sites (see Factors A and Management Areas may provide management for projects applying the E). additional future habitat. Thinning 2011 exemptions, which vary Thinning treatments are allowed in activities designed to develop older depending upon the 2011 exemption LSRs and LSMAs, but their effect on red forest conditions in the long term may applied, and a species’ Survey and tree voles is not well understood. limit the dispersal capability and Manage category. Younger stands may be important for connectivity of local tree vole

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63747

populations in the short term. Except for commercial timber harvest on relatively to protect habitat for tree voles on the the limited amount and isolated nature short rotation schedules, while nearly 80 percent of the DPS that is of Federal lands north of Highway 20, simultaneously conserving habitat and made up of State or private lands, we federally managed lands are expected to protecting specific wildlife species conclude that overall, existing provide for large, well-distributed during the course of activities associated regulatory mechanisms are not adequate populations of red tree voles throughout with timber growth and harvest. The red to protect the DPS from the threats the rest of their range within the DPS. tree vole is not one of those specific discussed under Factors A and E and, in Based on the above assessment, we species targeted for protection under the conjunction with these additional conclude that existing regulatory OAR, and, due to its relatively factors, pose a significant threat to the mechanisms on Federal land are specialized habitat requirements and persistence of the North Oregon Coast adequate to provide for the conservation limited dispersal abilities, many of the DPS of the red tree vole. of the North Oregon Coast DPS of the guidelines intended to conserve other We have evaluated the best available red tree vole. wildlife species are not sufficient to scientific and commercial data on the inadequacy of existing regulatory Summary of Regulatory Mechanisms on provide adequate habitat for the red tree Federal Land vole. Although some individual red tree mechanisms, and determined that this voles may enjoy incidental benefits if factor poses a significant threat to the Although they comprise less than they are located within tree retention or viability of the North Oregon Coast DPS one-quarter of the land area within the buffer areas, these small buffer areas are of the red tree vole, when we consider DPS, Federal lands provide the majority not expected to provide for long-term this factor in concert with the other of remaining high-quality, older forest persistence of red tree vole populations factors impacting the DPS. habitat for red tree voles within the given their isolated nature and the Factor E. Other Natural or Manmade DPS. The implementation of the allowance for removal of some buffers if Northwest Forest Plan in 1994 led to a Factors Affecting the Species’ Continued the target species are no longer present. Existence dramatic decrease in timber harvest on In addition, short rotations and Federal lands. Management direction for intensive management of the Fragmentation and Isolation of Older the Forest Service (under the NWFP) surrounding stands will not likely Forest Habitats and BLM (under the WOPR) calls for develop or retain the structural features maintaining or restoring late- Tree voles in the northern Oregon advantageous to red tree voles, thus Coast Range evolved in vast, well- successional forest conditions on a contributing to the threat of habitat majority of these lands within the DPS. distributed expanses of primarily late- modification and maintaining the Although some level of timber harvest successional forest. By 1936, the amount isolation of any tree voles that may be continues on these Federal lands, of large-conifer forest was already below present in these areas. Timber harvest particularly in the Matrix and Timber the historical range of 52 to 85 percent rates are expected to continue at current Management Area allocations, it affects of the Coast Range estimated to contain levels on private lands. Protection less than a quarter of the DPS. Some late-successional forest (greater than 80 measures in addition to the OAR degree of thinning also occurs within years old) over the past 1,000 years regulations are provided on State Forest LSRs and LSMAs within the DPS, but if (Wimberly et al. 2000, p. 175; Wimberly lands, allowing for more retained and managed according to the standards and and Ohmann 2004, p. 642). In 1936, protected areas on the landscape. State guidelines of the respective extensive patches of large-conifer management plans, and if such thinning Forests are also being managed to Douglas-fir forest connected much of the does not exceed the current rates, the increase the amount of structurally central and southern portions of the effects of such treatments on red tree complex forests. However, loss and Coast Range Province. In the northern voles are believed to be relatively minor. modification of red tree vole habitat on quarter of the province, patches of large The recent reinstatement of Survey and private and State lands as a result of Douglas-fir combined with large spruce- Manage standards and guidelines timber harvest continues under existing hemlock forest and intermingled with contributes to the conservation of the regulatory mechanisms. Furthermore, large patches of open and very young red tree vole and its habitat within the there are no mechanisms in place to stands (Wimberly and Ohmann 2004, DPS. We therefore consider existing locate and protect existing occupied tree pp. 635, 639). Most of those open and regulatory mechanisms adequate to vole sites outside of retention areas. young stands encompassed the 300,000 provide for the conservation of the red Although Federal lands offer some acres (121,410 ha) burned in the 1933 tree vole on Federal lands where they habitat protection and management, Tillamook fire. By 1996, large blocks of occur within the DPS. However, the there may not be enough habitat in a the remaining large-conifer forest were insufficient quantity of Federal lands condition to provide for the red tree restricted to Federal and State lands in and their distribution within the DPS vole north of U.S. Highway 20 where the central portion of the Coast Range contribute to the threat of habitat Federal land is limited. There is Province, having been eliminated from fragmentation, isolation, and potential restricted connectivity among blocks of most private lands (Wimberly and extirpation of local populations due to Federal land in this area, and few Ohmann 2004, p. 635). Elsewhere, large- stochastic events, as detailed in Factor known vole sites currently available to conifer forests were primarily isolated E, below. recolonize habitat. Given survey and in scattered fragments on public land. protection measures in place for tree The 1936 area of the Coast Range Conclusion for Factor D voles, the low level of timber harvest Province covered by large Douglas-fir Existing regulatory mechanisms are compared to other ownerships, and the (2,052 square mi (5,315 square km)) and inadequate to provide for the protection projected management of over 62 large spruce-hemlock (344 square mi and management of red tree voles on the percent of their landbase to maintain or (891 square km)) cover types declined 78 percent of the DPS made up of non- develop late-successional conditions, by 1996, primarily as a result of timber Federal (private and State) lands. The current regulatory mechanisms appear harvest, resulting in a 58 percent State of Oregon has regulatory to be adequate on Federal lands. reduction in the total area of large- mechanisms in place on private and However, because we find that existing conifer forest. Conversely, the combined State lands designed to provide for regulatory mechanisms are not adequate area of small Douglas-fir and spruce-

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63748 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

hemlock forests increased by 87 percent in the absence of better information on included hardwood species as part of (Wimberly and Ohmann 2004, pp. 639– the stand size needed to sustain tree the canopy cover component allowing 641). vole populations (USDA and USDI for the possibility of LSOG patches Not only have amounts of older forest 2000b, p. 7), we consider the 75-ac (30- comprising primarily hardwood stands decreased, but the spatial distribution of ha) minimum patch size identified by with scattered large conifers. While tree those forests has changed. Prior to Huff et al. (1992, pp. 6–7) the best voles have been found in mixed conifer/ European settlement, vegetation available information to use for our hardwood stands, their exclusive diet of simulations indicate that mature (80– analysis because it represents actual tree conifer needles would limit the habitat 200 years) and old-growth forest (greater vole occurrence and not just presence of capability of stands that are primarily than 200 years) patches had the highest a nest. As part of our analysis, we found hardwood. Therefore, our analysis of densities of all successional stages that 59 percent of the area mapped as remaining older forest patches in the within the Coast Range Province. In LSOG occurred in patches larger than 75 DPS provides an overestimate in terms addition, old-growth patches were large, ac (30 ha). If we extrapolate this of remaining potential tree vole habitat, ranging from 810 to 3,280 square mi proportion to Dunk’s (2009, p. 7) given that the LSOG data used provide (2,100 to 8,500 square km), with a analysis showing only 11 percent of the a liberal characterization of tree vole median of 1,660 square mi (4,300 square DPS containing actual tree vole habitat habitat. Furthermore, the GIS pixel km), while patches of less than 80-year- (418,000 ac (169,165 ha)), we find the aggregation used likely characterized old forests were generally less than 770 suitability potentially further reduced to some of the data as patches that would square mi (2,000 square km) (Wimberly only 246,620 ac (99,807 ha), or 6 percent in reality be too porous to function as 2002, p. 1322). In the Coast Range of the DPS. This is consistent with Dunk tree vole habitat, increasing the Province today, the largest old-growth (2009, p. 9), who noted that his work potential for overestimation. Applying patch is 2.5 square mi (6.5 square km), did not take into account habitat the proportion of this LSOG data set that while the largest patch of early-seral fragmentation, connectivity, and meets the minimum forest patch size to forest (less than 30 years old) is larger metapopulation dynamics that may the area of DPS considered suitable tree than 1,900 square mi (5,000 square km), influence whether populations or vole habitat (Dunk 2009, p. 7), an and the largest patch of 30 to 80-year- individual tree voles could occur within analysis considered a likely old forest is larger than 1,150 square mi his area of analysis. overestimate of tree vole occupancy (see (3,000 square km) (Wimberly et al. 2004, It is important to note that even the Factor A. Continuing Modification and p. 152). Current Condition of Red Tree Vole Within the DPS, we analyzed data forested areas identified as individual ‘‘patches’’ through a geographic Habitat, above), we find only 6 percent compiled as part of the NWFP of the DPS may be in suitable habitat effectiveness monitoring program information systems (GIS) program do not necessarily represent areas of forest that is of a large enough patch size to (USDA/USDI 2010, unpublished data) sustain tree voles. This suggests that the for the distribution of late-successional with continuous canopy cover. remaining potentially suitable habitat and old-growth (LSOG) patches within Although these patches of forest are for tree voles is highly fragmented, the DPS. As part of our analysis, we technically connected at some level, which further lessens the probability of wanted to see what proportion of the inspection of the data reveal that they long-term persistence of red tree voles LSOG habitat comprised patches large are for the most part highly porous and under current conditions in the DPS. enough to support tree voles, and how discontinuous, and we performed no close these patches were to other analysis to filter out stands that may be In simulated pre-European settlement suitable patches. There is little so porous or discontinuous as to forests of the Coast Range Province, information on minimum stand sizes provide no interior habitat. most forests less than 200 years old used by tree voles and a complete lack Furthermore, the LSOG definition used were within 0.4 mi (1 km) of an old- of information on what is needed to as part of the NWFP monitoring growth forest patch. This pattern has sustain tree vole populations (USDA program (mean tree DBH of 20 in (50.8 reversed, with a considerable increase and USDI 2000b, p. 7). In Polk and cm) or greater; canopy cover 10 percent in isolation of old-growth forest patches Tillamook Counties, Hopkins (2010, or greater; all tree species included) can (Wimberly et al. 2004, p. 152). Our pers. comm.) found vole nests in forest include stands that do not necessarily analysis of the LSOG forest data patches as small as 5 to 10 acres (2 to equate to red tree vole habitat and provided by the NWFP effectiveness 4 ha) in the oldest (350–400 years), most represents a substantial overestimate. monitoring program indicates that in the structurally complex stands available. For example, while the LSOG dataset DPS, the average distance between Huff et al. (1992, pp. 6–7) compiled data identified 759,968 ac (307,559 ha) of LSOG forest patches greater than 75 ac on actual red tree vole presence and LSOG within the DPS, Dunk (2009, pp. (30 ha) in size was 1,745 ft (532 m). found the mean age of stands in which 4, 7) found red tree vole habitat to Larger patches greater than 500 ac (202 tree voles were found in the Coast Range comprise approximately 425,000 ac ha) in size were separated by 6,158 ft was 340 years and the minimum stand (172,000 ha) of the DPS (see Continuing (1,877 m) on average. This increasing size was 75 ac (30 ha), with mean and Modification and Current Condition of isolation of LSOG forest patches due to median stand sizes of 475 and 318 ac Red Tree Vole Habitat in Factor A, maintenance of younger stands in the (192 and 129 ha), respectively. Whether above). There are several reasons why intervening areas poses a threat to the a minimum patch size of 5 to 10 ac (2 the LSOG database represents a liberal red tree vole, as the dispersal capability to 4 ha) or even 75 ac (30 ha) can sustain (i.e., overly generous) description of red of this species is so limited. As noted a population of red tree voles over the tree vole habitat. First, the dataset earlier, the greatest known dispersal long term is unknown and is influenced included stands with canopy cover as distance for an individual red tree vole by such things as habitat quality within low as 10 percent, which is well below is 1,115 ft (340 m) (Biswell and Meslow, and surrounding the stand, the position the minimum canopy cover of 53 unpublished data referenced in USDA of the stand within the landscape, and percent and even further below the and USDI 2000b, p. 8), but shorter the ability of individuals to move among mean of 78 percent for stands in which distances from 10 to 246 ft (3 to 75 m) stands (Huff et al. 1992, p. 7; Martin and Swingle (2005, p. 39), as one example, appear to be more the norm for McComb 2003, pp. 571–579). However, found tree vole nests. The dataset also dispersing subadults (Swingle 2005, p.

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63749

63). The current average distance where fragmentation is minimized amounts of Federal land, limited between patches of LSOG forest in the (Martin and McComb 2002, p. 262); connectivity between these lands, and DPS thus exceeds the known dispersal having evolved in extensive areas of few known vole sites north of Highway distances of red tree voles. A matrix of relatively more contiguous late- 20 would result in habitat insufficient to surrounding younger forest is not successional forest, tree voles are support stable populations of red tree entirely inhospitable habitat for especially vulnerable to the negative voles (USDA and USDI 2007, pp. 291– dispersing red tree voles, but effects of fragmentation and isolation 292). The authors of the report further survivorship in such habitats is likely due to their limited dispersal capability. concluded that due to these reduced. Whether red tree voles can Within the DPS, virtually all of the vulnerabilities, ‘‘every site is critical for successfully disperse between Federal land lies in two widely persistence’’ for the red tree vole in remaining patches of fragmented habitat separated clusters (Figure 2). Much of Oregon’s North Coast Range north of depends on their vagility and tolerance the southern portion of the DPS, south Highway 20 (USDA and USDI 2007, p. for the intervening matrix habitat of U.S. Highway 20, is Federal land, 292). Given the fragmented nature of (Pardini 2004, p. 2581). with the other cluster of Federal land Federal lands providing late- Historically, dispersal between trees lying north of Highway 20, mainly successional conditions in the DPS and in areas of more contiguous older forest between Lincoln City and Tillamook. As the limited connectivity between these would not have been a limiting factor most of the remaining high-quality remaining blocks, it is unlikely that the for red tree voles, but under the current habitat for red tree voles within the DPS small projected increase in suitable conditions of fragmentation, the ability is restricted to these two clusters of habitat that may develop over the next of individuals to disperse between Federal lands, there is little redundancy 100 years on Federal lands will be patches of remaining high quality for tree vole populations within the sufficient to offset the more immediate habitat is restricted. Limited dispersal DPS, and loss of either cluster would threats of habitat destruction, can translate into a lack of sufficient result in the single remaining cluster modification, and fragmentation that gene flow to maintain diversity and and its associated tree vole population threaten the North Oregon Coast evolutionary potential within the being highly vulnerable to extirpation population of the red tree vole. population, possible inbreeding through some stochastic event, such as depression, Allee effects (e.g., failure to Summary of Fragmentation and wildfire. These two blocks of Federal Isolation of Older Forest Habitats locate a mate), and other problems (e.g., ownership are separated by primarily Red tree voles are considered habitat Soule´ 1980, entire; Terborgh and Winter private and some State lands. Except for specialists and are strongly associated 1980, pp. 129–130; Shaffer 1981, p. 131; a small patch of checkerboard BLM with large, relatively more contiguous Gilpin and Soule´ 1986, pp. 26–27; ownership in southeast Columbia and areas of conifer forests with late- Lande 1988, pp. 1457–1458). The northeast Yamhill Counties, along with successional characteristics; they are not potential for the local loss of a few small State parks, ownership adapted to fragmented or patchy populations is high, as remnant habitat north of Tillamook consists almost habitats (Martin and McComb 2002, p. patches formerly occupied by tree voles entirely of private timberland and lands 262). The older forest habitat associated may not be recolonized due to the managed by the Oregon Department of with red tree voles has been distance between habitat fragments and Forestry (Tillamook and Clatsop State significantly reduced through historical the short-distance dispersal of the Forests). species, leading to local extirpation and timber harvest, and as discussed under further isolation of the remaining small Implementing current land Factor A, above, ongoing management populations, and possibly eventual management policies in the Coast Range for timber production maintains much extinction (see Isolation of Populations is projected to provide a modest of the remaining older forest habitat in and Small Population Size, below). As increase (approximately 20 percent) in a fragmented and isolated condition, noted above, although we do not have red tree vole habitat over the next 100 surrounded by younger forests of lower standardized, quantitative survey data, years, primarily on public lands (Spies quality habitat for tree voles. We the fact that red tree voles are et al. 2007b, p. 53). However, red tree analyzed data compiled as part of the increasingly difficult to find and have vole populations appear to be NWFP effectiveness monitoring program apparently disappeared from some areas decreasing in the face of current threats (USDA/USDI 2010, unpublished data) where they were formerly known to to their habitat. Therefore, we conclude and found that of the remaining older occur suggests that current habitat that this limited increase in suitable forest within the DPS, 59 percent is in conditions are not conducive to the habitat that may develop on public patches greater than 75 ac (30 ha), but successful dispersal or maintenance of lands over an extended length of time these patches comprise only 6 percent red tree vole populations within the will not be sufficient to address the lack of the entire DPS. The average distance DPS. of connectivity that currently exists between the remaining patches that are Highly suitable red tree vole habitat between Federal lands, due to land at least 75 ac (30 ha) in size exceeds the (that with the greatest strength of management practices on the known dispersal distances of red tree selection) is quite rare throughout the intervening lands (USDA and USDI voles. This suggests that red tree voles range of the red tree vole (Dunk and 2007, p. 291). Furthermore, currently are unlikely to persist over the long term Hawley 2009, p. 632) and is even more small, isolated populations of tree voles in most of the remaining patches of restricted within the North Oregon may not be capable of persisting over older forest habitats within the DPS, Coast DPS (Dunk 2009, pp. 4–5). the length of time required to enjoy the because most of them are likely too Moreover, large blocks of older forest benefits of this projected increase in small or too isolated to support tree vole (greater than 1,000 ac (400 ha)) are suitable habitat, but may more likely be populations. Although the surrounding restricted primarily to Federal lands, subject to local extirpations in the younger forests may serve as interim or with contiguous blocks separated by intervening time period. The Final dispersal habitat, the evidence suggests great distances (Moeur et al. 2005, p. Environmental Impact Statement that such forest conditions are unlikely 77). Fragmentation complicates habitat analyzing the effects of discontinuing to support persistent populations of red availability for red tree voles, which the NWFP Survey and Manage program tree voles. Furthermore, our evaluation select for patches of large tree structure concluded that the combination of small suggests that the remaining older forest

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63750 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

habitat for tree voles is highly vole habitat has been identified as a 1982, pp. 336–337; Agee 1993, p. 212; fragmented, which further lessens the substantial threat to their persistence. Wimberly et al. 2000, p. 172). Starting probability of long-term persistence of Changing climate could further reduce in the mid-1800s, climate change, red tree voles under current conditions tree vole habitat in ways that are combined with Euro-American in the DPS due to the limited dispersal difficult to predict. settlement, may have influenced the capability of the species, and other Globally, poleward and upward onset of large-scale fires (Weisberg and consequences of isolation (see Isolation elevational shifts in the ranges of plant Swanson 2003, p. 25). Another of Populations and Small Population and species are being observed complication in these wetter forests has Size, below). and evidence indicates recent warming been a pattern of multiple reburns that Most of the remaining high-quality is influencing this change in occurred, such as the Tillamook burns habitat for red tree voles in the DPS is distribution (Parmesan 2006, pp. 648– of 1933, 1939, 1945, and 1951. Reburns restricted to Federal lands; however, 649; IPCC 2007, p. 8; Marris 2007, may or may not add large amounts of these lands make up only 22 percent of entire). In North America, and additional area to the original burn, but the area within the DPS, and they occur specifically in the Pacific Northwest, they have the potential to impede the in two widely spaced clusters, one north effects of forest pathogens, insects, and development of the stand for decades, of Highway 20 and one south of fire on forests are expected to increase, delaying the ultimate return to older Highway 20. Thus, there is little resulting in an extended period of high forest habitat suitable for red tree voles redundancy for tree vole populations fire risk and large increases in area (Agee 1993, p. 213). Forests in the within the DPS, and loss of either burned (IPCC 2007, p. 14; Karl et al. Pacific Northwest face a possible cluster on Federal lands would result in 2009, pp. 136–137; OCCRI 2010, pp. 16– increased risk of large-scale fires within the single remaining cluster and its 18; Shafer et al. 2010, pp. 183–185). The the foreseeable future; under the associated tree vole population being pattern of higher summer temperatures conditions of anticipated climate highly vulnerable to extirpation or even and earlier spring snowmelt, leading to change, the effects of forest pathogens extinction through some stochastic greater summer moisture deficits and and fire on forests are expected to event, such as wildfire (see Climate consequent increased fire risk, has increase, resulting in an extended Change, below). Under present already been observed in the forests of period of high fire risk and large conditions, the Federal lands north of the Pacific Northwest (Karl et al. 2009, increases in area burned (IPCC 2007, p. Highway 20 are already considered p. 136). Ecosystem resilience is 14; Karl et al. 2009, pp. 136–137). Most insufficient to support stable expected to be exceeded by the recently, the Oregon Climate Change populations of red tree voles (USDA and unprecedented combination of climate Research Institute predicted that large USDI 2007, pp. 291–292). change, its associated disturbances, and fires will become more common in the Under the current conditions of other ecosystem pressures such as land- forests west of the Cascades, which habitat fragmentation within the DPS, use change and resource over- includes the forests of the North Oregon the ability of red tree voles to disperse exploitation (IPCC 2007, p. 11). These Coast Range; estimated increases in between patches of remaining high- projections discussed above indicate regional forest areas burned over the quality habitat are extremely restricted, further reduction and isolation of red next century ranged from 180 to 300 and the evidence suggests that any tree vole habitat over the next century. percent (OCCRI 2010, p. 16). remaining tree vole populations within Red tree voles in the North Oregon the DPS are likely relatively small. The Coast DPS cannot shift their range Considering that the majority of the potential for the local loss of farther north due to the existing barrier remaining tree vole habitat in the DPS populations is therefore high, as of the Columbia River, which defines is limited to Federal land, which remnant habitat patches formerly the northern boundary of their current comprises a total of roughly 850,000 ac occupied by tree voles may not be and historical range. In addition, their (344,000 ha) and is restricted to two recolonized due to the distance between range already occupies the summit of separate clusters in the DPS, it is habitat fragments and the short-distance the Oregon Coast Range, so a shift to certainly possible to lose much of the dispersal capabilities of the species, higher elevations is also not possible. Federal land in either of these blocks to leading to local extirpation and further Climate change assessments predict a single stand-replacement fire, further isolation of the remaining small possible extinctions of such local limiting habitat and restricting the range populations, and possibly eventual populations if they cannot shift their of the tree vole in the DPS. Fire extinction (see Isolation of Populations ranges in response to environmental suppression organization and tactics and Small Population Size, below). change (Karl et al. 2009, p. 137). have improved since the large fires of Furthermore, ongoing timber harvest in Increased Frequency and Magnitude the last two centuries, resulting in a surrounding areas of younger forests of Wildfire due to Climate Change. In reduction in stand-replacement fires contributes to the threat of habitat the western hemlock and Sitka spruce (Wimberly et al. 2000, p. 178), although fragmentation and isolation, as plant series that dominates the Coast Weisberg and Swanson (2003, p. 25) discussed above in Factors A and D. Range, fires tend to be rare but are note that suppression success may have Therefore, based on the above usually stand-replacing events when been influenced by the reduction in fuel evaluation, we conclude that the they take place, although low and accumulations that these extensive fires fragmentation and isolation of older moderate severity fires also occur accomplished. Regardless, the intense, forest habitats pose a significant threat (Impara 1997, p. 92). Sediment core data large, high-severity fires that can occur to the North Oregon Coast DPS of the show mean fire return intervals of 230 in the Coast Range are driven by severe red tree vole. to 240 years over the past 2,700 years weather events (droughts or east wind (Long et al. 1998, p. 786; Long and patterns) (Agee 1997, p. 154), conditions Climate Change Whitlock 2002, p. 223). Three large under which fire suppression is severely General Impacts. Climate change fires, ranging from 300,000 to 800,000 hampered at best and ineffectual at presents substantial uncertainty acres (120,000 to 325,000 ha), occurred worst (Impara 1997, pp. 262–263). regarding future vegetation and habitat in the DPS in the 1800s, in addition to Although large fires occurred within the conditions in the North Oregon Coast the Tillamook fires of 1933–1951 DPS historically, in the past there were DPS. Reduction and isolation of red tree (Morris 1934, pp. 317–322, 328; Pyne many additional areas of older forest

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63751

that were less isolated from other older caused by the fungus Phaeocryptopus There is still much uncertainty in our forest stands and could serve as refugia gaeumannii. It is typically found in understanding of this pathogen to for tree voles displaced from forests that Douglas-fir grown outside of its native project future trends in vegetation. burned; under current conditions, there range, but in western Oregon it is While it could result in a return of are few such refugia available primarily found, and is more western hemlock and Sitka spruce that (Wimberly 2002, p. 1322; Wimberly et consistently severe, along the western were removed as a result of conversion al. 2004, p. 152) (see Modification of slope of the central and northern Oregon to Douglas-fir plantations, the Oregon Coast Range Vegetation above). Coast Range, which overlaps both the commercial value of Douglas-fir is a Given that we have evidence of past Sitka spruce and western hemlock plant major incentive to continue research to fires in the Coast Range that burned series. Douglas-fir accounted for less develop pathogen treatments that would areas of up to 800,000 ac (325,000 ha), than 20 percent of the forest allow continued existence of healthy an amount roughly twice as large as composition prior to the 1940s in this Douglas-fir stands. In addition, either of the remaining clusters of portion of the Coast Range, but timber projected effects of climate change (see Federal land within the DPS, and that harvest and large-scale planting of Increased Frequency and Magnitude of projections under anticipated Douglas-fir on cutover areas make it the Wildfire due to Climate Change, above) conditions of climate change point to dominant species today. The wetter, could alter the extent of the fog zone in the increased risk and magnitude of fire milder weather, combined with a which Swiss needle cast is prevalent. in this region (e.g., OCCRI 2010, p. 16), uniform distribution of the host species, Summary of Swiss Needle Cast we believe it is reasonably likely that a favor the fungus and help spread the single stand-replacing fire could occur disease (Hansen et al. 2000, p. 777; Swiss needle cast is a foliage disease within the foreseeable future that would Shaw 2008, pp. 1, 3). In Oregon, Swiss specific to Douglas-fir, and is found in eliminate much of the remaining needle cast is geographically limited to western Oregon along the western slope suitable habitat for tree voles within the western Oregon and there is no of the central and northern Oregon DPS. evidence of it expanding. Even so, it has Coast Range. Some of the most severe infestations of Swiss needle cast occur Summary of Climate Change affected about 1 million ac (405,000 ha), much of that in the northern and central in the Sitka spruce plant series, which The uncertainty in climate change Oregon Coast Range of the DPS. It is is the plant series in the DPS where tree models prevents a specific assessment roughly estimated that about half of the voles forage primarily on western hemlock and Sitka spruce. However, the of potential future threats to the North land base is moderately afflicted by Oregon Coast DPS of the red tree vole disease also occurs in the western Swiss needle cast, and about 10 percent as a consequence of projected warming hemlock plant series on the western of the area is severely afflicted by this trends and the various environmental slope of the Oregon Coast Range, where disease (Filip 2009, pers. comm.). and ecological changes associated with most of the voles that forage on Douglas- increasing temperatures. However, the Swiss needle cast causes premature fir tend to occur. Thus, while the direction of these future trends indicate needle loss which, although rarely disease may ultimately improve foraging that climate change will likely lethal, reduces tree growth rates by 20 sources for some red tree voles over the exacerbate some of the key threats to the to 55 percent (Shaw 2008, pp. 1–2). long term, it may remove forage for DPS, such as an increased probability of Most of the research on this disease has others. In addition, Swiss needle cast large wildfires which may result in the occurred in managed plantations less may affect forest characteristics in further destruction, modification, than 40 years old (Shaw 2009, pers. mixed species stands that affect tree fragmentation, and isolation of older comm.), although it is known to limit voles and are unrelated to foraging, such forest habitats, and evidence suggests growth in established overstory trees as canopy closure and structural that such changes may already be greater than 100 years old, even within components that may provide cover. occurring. High-quality habitat for red mixed-species stands (Black et al. 2010, Therefore, the potential impact that this tree voles within the DPS is largely p. 1680). Forest pathologists are just disease may have on the tree vole restricted to two clusters of Federal beginning to understand how to manage population is not well understood at lands, and these areas are small enough this disease. Thinning treatments to this time. Although Swiss needle cast that a single stand-replacing fire could improve tree vigor in infected stands do may potentially have some negative potentially concentrate the remaining not appear to exacerbate the spread of effects on red tree voles, at this point in red tree voles to primarily a single the disease or its effects on tree health. time we do not have evidence that the population that would be highly However, young Douglas-firs infected impacts of Swiss needle cast are so vulnerable to extirpation or extinction with the pathogen are not expected to severe as to pose a significant threat to from future stochastic events. outgrow the disease (Black et al. 2010, the North Oregon Coast DPS of the red Furthermore, red tree voles within the p. 1680) and may never develop the tree vole. DPS are restricted in their ability to shift large structures that are integral features Isolation of Populations and Small their range in response to changes that of older forests. Given our current Population Size may take place as a consequence of knowledge, a likely scenario in these climate change. We therefore conclude stands is that the non-host Sitka spruce There are multiple features of red tree that the environmental effects resulting and western hemlock will become the vole biology and life history that limit from climate change, by itself or in dominant cover, moving these sites their ability to respond to habitat loss combination with other factors, closer to the historical species and alteration, as well as to stochastic exacerbate threats to the North Oregon composition present before earlier forest environmental events. Due to their Coast DPS of the red tree vole. management converted them to current restricted distribution within Douglas-fir (Filip 2009, pers. comm.). the DPS, stochastic events could further Swiss Needle Cast Where these non-host species are isolate individuals and consequently A large-scale disturbance event deficient or absent in infected stands, limit their recolonization capability. currently ongoing in the Oregon Coast reestablishing them in the stand is the Small home ranges and limited Range is the spread of Swiss needle cast, only known treatment certain to reduce dispersal distances of red tree voles, as a foliage disease specific to Douglas-fir the spread and extent of the disease. well as their apparent reluctance to

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63752 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

cross large openings, likely make it voles, leads us to conclude that and Simberloff 1986, pp. 28–29; Nunney difficult for them to recolonize isolated movement of individuals between and Campbell 1993, pp. 236–237; Reed habitat patches. As discussed above in patches of older forest habitat is and Frankham 2003, pp. 233–234; the section ‘‘Fragmentation and infrequent at best. Therefore, we Blomqvist et al. 2010, entire). Although Isolation of Older Forest Habitats,’’ conclude that at present, the red tree we do not have any information on within the DPS, forests with the late- vole most likely persists as a set of relative levels of genetic variability in successional characteristics that relatively isolated populations in red tree vole populations, Swingle represent high-quality habitat for red discrete patches of older forest habitat (2005, p. 82) suggested that genetic tree voles presently exist in a highly and surrounding lower quality, younger inbreeding may be maintaining cream- fragmented state, the average distance forest, with little if any interaction colored and melanistic tree vole pelage between the minimum patch sizes between these populations. polymorphisms at a few populations associated with nesting exceeded the Although we do not have direct within the red tree vole’s range. Swingle known maximum dispersal distance of evidence of red tree vole population (2005, p. 82) did not elaborate on his red tree voles. Based on this sizes within the DPS, the evidence suggestion, nor account for the information, we conclude that high- before us suggests that remaining local possibility that alternative processes quality older forest habitats for red tree tree vole populations are likely may be maintaining these different color voles within the DPS are in a highly relatively small and isolated. We base forms. fragmented and isolated condition. this conclusion on the limited amount Based on this evaluation, we conclude that the isolation of red tree vole Without the ability to move between of tree vole habitat remaining within the populations due to fragmentation of isolated patches of occupied habitat, DPS, on the fragmented and isolated their remaining older forest habitat, local populations act essentially as nature of the remaining habitat, and on independent of the total area of suitable islands vulnerable to local extirpation, evidence from recent search efforts, habitat that may be left, poses a resulting from a disequilibrium between which have yielded few voles relative to significant threat to the red tree vole local extinction and immigration events historical search efforts, suggesting that within the DPS. (Brown and Kodric-Brown 1977, p. 445). red tree vole numbers are greatly Some species are adapted to living in reduced in the DPS compared to Summary of Isolation of Populations patchy environments and may exist as historical conditions (see Background and Small Population Size a series of local populations connected and Past and Current Range and Remaining red tree vole populations by occasional movement of individuals Abundance under Factor A, above, for in the North Oregon Coast DPS likely between them, known as details). That isolated populations are persist primarily in isolated patches of ‘‘metapopulations’’ (e.g., Hanski and more likely to decline than those that fragmented, older forest habitat, and the Gilpin 1991, p. 7). However, it is are not isolated (e.g., Davies et al. 2000, surrounding younger forest habitats are presumed that the red tree vole was p. 1456) is discussed above. In addition subject to continuing habitat formerly more continuously distributed to isolation, population size also plays modification due to timber harvest that throughout the late-successional forests an important role in extinction risk. tends to maintain the forest in this of the Oregon Coast Range and has only Small, isolated populations place highly fragmented condition (see Factor recently become ‘‘insularized’’ (isolated species at greater risk of local A discussion and Fragmentation and into islands of habitat) through habitat extirpation or extinction due to a variety Isolation of Older Forest Habitats, fragmentation. The limited dispersal of factors, including loss of genetic above). Red tree voles are considered ability of the red tree vole indicates this variability, inbreeding depression, highly vulnerable to local extirpations species is not adapted to living in a demographic stochasticity, due to habitat fragmentation or loss patchy environment, where long- environmental stochasticity, and natural (Huff et al. 1992, p. 1). Species that have distance movements between catastrophes (Franklin 1980, entire; recently become isolated through populations are occasionally required. Shaffer 1981, p. 131; Gilpin and Soule´ habitat fragmentation do not necessarily Although in many cases the tree voles 1986, pp. 25–33; Soule´ and Simberloff function as a metapopulation and, within the DPS are not separated by 1986, pp. 28–32; Lehmkuhl and especially in the case of species with completely inhospitable matrix habitat, Ruggiero 1991, p. 37; Lande 1994, poor dispersal abilities, local but may only be isolated by surrounding entire). Stochastic events that put small populations run a high risk of extinction areas of forest in earlier seral stages, the populations at risk of extinction when extirpations outpace dispersal and apparent disappearance of red tree voles include, but are not limited to, variation immigration (Gilpin 1987, pp. 136, 138; from many areas where they were in birth and death rates, fluctuations in Hanski and Gilpin 1991, p. 13; Hanski formerly found leads us to believe that gender ratio, inbreeding depression, and et al. 1996, p. 539; Harrison 2008, pp. successful recolonization of formerly random environmental disturbances 82–83; Sodhi et al. 2009, p. 518). Some occupied areas is likely infrequent, if it such as fire, wind, and climatic shifts conservation biologists suggest that for occurs at all (see discussion of Past and (e.g., Shaffer 1981, p. 131; Gilpin and species with poor dispersal abilities, Current Range and Abundance under Soule´ 1986, p. 27; Blomqvist et al. 2010, habitat fragmentation is likely more Factor A, above). As noted above, the entire). The isolation of populations and important than habitat area as a average distance between patches of consequent loss of genetic interchange determinant of extinction probability potentially suitable habitat at a may lead to genetic deterioration, for (Shaffer and Sansom 1985, p. 146). The minimum of 75 ac (30 ha) in size in the example, that has negative impacts on low reproductive rate and lengthy DPS exceeds the greatest known the population at different timescales. In development period of young, relative dispersal distance for a red tree vole. the short term, populations may suffer to other vole species, adds further to the The apparent disappearance of red tree the deleterious consequences of inherent vulnerabilities of the red tree voles from areas where they were inbreeding; over the long term, the loss vole and may limit population growth; formerly found, combined with the of genetic variability diminishes the the isolation of tree voles through isolation of remaining habitat patches at capacity of the species to evolve by insularization likely exacerbates these distances on average greater than the adapting to changes in the environment inherent vulnerabilities (Bolger et al. known dispersal capability of red tree (e.g., Franklin 1980, pp. 140–144; Soule´ 1997, p. 562).

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63753

For the reasons given above, based on small, isolated populations are at risk of cast poses a significant threat to the DPS the observed level of habitat local extirpation due to a variety of at this point in time. fragmentation and isolation that has factors, including loss of genetic We have evaluated the best available occurred within the DPS, the presumed variability, inbreeding depression, scientific and commercial data on other small size of remaining tree vole demographic stochasticity, natural or manmade factors affecting the populations, and the inherent environmental stochasticity, and continued existence of the North Oregon vulnerabilities of the red tree vole to disturbance events. The lack of Coast DPS of the red tree vole, including local extirpation or extinction due to its redundancy in red tree vole populations the effects of habitat fragmentation, as life history characteristics, we conclude within the North Oregon Coast DPS exacerbated by the environmental that the isolation of populations and the renders these populations highly effects of climate change, isolation of consequences of small population size vulnerable to large-scale catastrophes or small populations, and consequences of pose a significant threat to the red tree disturbance events, such as wildfire, small population size, and determined vole within the North Oregon Coast and this vulnerability is exacerbated by that this factor poses a significant threat DPS. climate change. to the viability of the North Oregon Coast DPS of the red tree vole, when we Summary of Factor E Conclusion for Factor E consider this factor in concert with the Population isolation, presumed small Red tree voles are considered highly other factors impacting the DPS. local population size, and potential loss vulnerable to local extirpations due to of populations to large-scale disturbance habitat fragmentation or loss, and the Finding events exacerbated by climate change, evidence suggests that the vast majority As required by the Act, we considered combined with the life-history traits that of forest with potentially suitable the five factors in assessing whether the put red tree voles at a disadvantage in characteristics for tree voles persists in North Oregon Coast DPS of the red tree moving between and recolonizing new very small, disconnected patches in the vole is threatened or endangered habitats in an already fragmented DPS. The continuing modification of throughout all of its range. We have landscape, are the principal threats forest habitats, as discussed under carefully assessed the best scientific and considered under this factor that Factor A, maintains the older forest commercial data available regarding the significantly affect the species. habitats associated with red tree voles in past, present, and future threats faced by Although precise quantitative estimates this fragmented and isolated condition. the North Oregon Coast DPS of the red are not available, recent surveys suggest The narrow habitat requirements, low tree vole. We reviewed the petition, that populations have substantially mobility, relatively low reproductive information available in our files, and declined in the DPS, and that red tree potential, and low dispersal ability of other published and unpublished voles are likely at greatly reduced red tree voles limits their movement information submitted to us by the numbers relative to their historical among existing patches of remnant public following our 90-day petition abundance. Furthermore, our analysis of habitat. This fragmentation of habitat, finding, and we consulted with LSOG data from the NWFP effectiveness resulting in small, isolated populations recognized experts on red tree vole monitoring program indicates that, of tree voles, can have significant biology, habitat, and genetics, as well as within the DPS, any remaining highly negative impacts on the North Oregon with experts on the vegetation of the suitable habitat is highly fragmented Coast DPS of the red tree vole, including northern Oregon Coast Range. In and patchy in occurrence. Patches of potential inbreeding depression, loss of addition, we consulted with other forest meeting older forest standards genetic diversity, and vulnerability to Federal and State resource agencies and that are overly generous for red tree extirpation as a consequence of various completed our own analyses of the voles, and thus are likely overestimating stochastic events. Although large-scale available data. the size and number of remaining disturbance events such as fire are not On the basis of the best scientific and patches that provide suitable habitat, common in the Coast Range, we have commercial data available, we find that indicate that the average distance historical evidence of occasional very the population segment satisfies the between the remaining patches that are large fires in this region, and climate discreteness and significance elements at least 75 ac (30 ha) in size exceeds the change projections indicate a likely of the DPS policy and therefore qualifies known dispersal distances of red tree increase in both fire risk and fire size. as a DPS under our policy. We further voles, and the difference is even greater At present, red tree voles are thus find that listing the North Oregon Coast for patches that are more than 500 ac largely without available refugia to DPS of the red tree vole is warranted. (202 ha) in size. sustain the population in the face of However, listing the North Oregon Coast The narrow habitat requirements, low events such as severe, large-scale fires. DPS of the red tree vole is precluded by mobility, low reproductive potential, Under these conditions, red tree voles in higher priority listing actions at this and low dispersal ability of red tree the North Oregon Coast DPS are time, as discussed in the Preclusion and voles limits their movement among unlikely to experience the habitat Expeditious Progress section below. existing patches of remnant habitat, and connectivity and redundancy needed to Although quantitative data are not analysis of remaining large patches of sustain their populations over the long available to estimate red tree vole potentially suitable habitat suggests that term. Based on the above evaluation, we populations, comparing past collection populations of red tree voles in the DPS conclude that the threats of continued efforts with recent surveys leads us to likely are largely isolated from one fragmentation and isolation of older conclude that tree voles are another. This information, in forest habitats, as potentially substantially more difficult to find now conjunction with evidence that the exacerbated by the environmental than they were historically. In some older forest habitats associated with red effects of climate change, and the areas within the DPS, red tree voles are tree voles are highly fragmented and isolation of populations and now not found, or are scarce, where restricted in size, leads us to conclude consequences of small population size they were formerly relatively abundant. that remaining populations of red tree pose a significant threat to the red tree This information, in conjunction with voles are likely small in size. vole within the North Oregon Coast the knowledge that red tree voles are Furthermore, with little or no exchange DPS. We did not have sufficient closely associated with older forest of individuals between them, these evidence to suggest that Swiss needle habitats and strong quantitative data

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63754 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

showing an unprecedented loss of older remaining red tree vole habitat in the patches within the DPS onto the amount forest habitat in the Oregon Coast Range DPS is, and will continue to be, limited of tree vole habitat estimated within the Province, insufficient area of remaining to Federal lands. Federal lands make up DPS (Dunk 2009, p. 7) indicates only late-successional old-growth habitat, less than a quarter of the area within the about 6 percent of the DPS is in a and large distances between those DPS, and are limited to two disparate condition of suitable habitat in patches remaining older forest patches that clusters of land. Although 62 percent of large enough to provide for tree voles, exceed known dispersal distances of the Federal ownership in the DPS is and this analysis is considered a likely tree voles, leads us to conclude that tree currently managed under the NWFP and overestimate of tree vole habitat. vole populations have substantially the WOPR to develop and maintain late- Clearly, existing and projected amounts declined from past levels. Whereas, the successional conditions that would be of older conifer forest habitat conducive literature provides multiple examples of conducive to red tree vole habitat, only to red tree vole persistence are less than voles nesting in younger stands, 30 percent of these Federal lands are the amounts projected to have occurred virtually all analyses comparing vole currently estimated to provide suitable historically and with which tree voles nest presence or relative abundance of habitat for red tree voles (Dunk 2009, have evolved. High-quality older forest nests in younger versus older stands pp. 5, 7). Even if the entire Federal habitat remains in isolated fragments, have shown an increased use or ownership provided older forest habitat most of which are too small to support selection of older stands. Alhough the conducive to red tree vole occupation, tree voles, and are so widely separated role of younger stands is unclear, in this would still represent a significant as to be likely well beyond the dispersal weighing the available evidence, reduction of older forest habitat based capability of the species. Unlike including a recent modeling effort on estimates from simulations of forest historical conditions, which were highly specific to habitat suitability for red tree conditions in the Coast Range Province stochastic, these changes are likely to be voles, we conclude that older forests are during the past 3,000 years (Wimberly et permanent. Based on our analysis of necessary habitat for red tree voles and al. 2000, pp. 173–175; Nonaka and best available information, we conclude that younger stands will rarely Spies 2005, p. 1740). Although much of the remaining high-quality habitat substitute as habitat in the complete this loss was historical, it led to the within the DPS is likely insufficient to absence of older stands. However, we present condition of insufficient habitat support red tree voles over the long recognize that younger stands may for red tree voles today; at present, less term, and persists in a fragmented and facilitate dispersal or short-term than 1 percent of the habitat within the isolated condition that renders local persistence in landscapes where older DPS is in the condition for which red populations of red tree voles vulnerable forests are isolated or infrequent. tree voles showed the greatest strength to extirpation or extinction through a Amounts of older forest habitat within of selection for nesting, and nearly 90 variety of processes, including genetic the Coast Range Province have been percent of the DPS is in a condition stochasticity, demographic stochasticity, reduced below historical levels, avoided by red tree voles. Most of the environmental stochasticity, and natural primarily through timber harvest lands in the nearly 80 percent of the catastrophes. (Wimberley et al. 2000, p. 176). The DPS under State and private ownership The significant historical losses of occurrence of forest structural are managed for timber production. older forest with the late-successional conditions outside of the historical Although regulatory mechanisms exist characteristics selected by red tree range of variability may not in itself be that are intended to provide for the voles, in conjunction with ongoing practices that maintain the remaining a problem with respect to red tree vole conservation of wildlife and habitats persistence, considering their patches of older forest in a highly during the course of timber harvest persistence through historical large- fragmented and isolated condition by activities on private and State lands, the scale fires that removed habitat. managing the surrounding younger habitat requirements and life-history However, the frequency and duration of forest stands on short-rotation characteristics of the red tree vole are those conditions outside the historical schedules, pose a threat to the such that these regulatory mechanisms range of variability will ultimately affect persistence of the North Oregon Coast are inadequate to prevent the ongoing the persistence of the red tree vole. DPS of the red tree vole through the modification, fragmentation, and Historically, old-growth forest (greater destruction, modification, or isolation of red tree vole habitat on than 200 years old) was well dispersed curtailment of its habitat or range. these lands. (Wimberly et al. 2004, p. 152) within the Furthermore, barring a significant Oregon Coast Province and there were Our own analysis of NWFP data change in the Oregon Forest Practices large tracts of suitable habitat that demonstrates the fragmentation and Rules and Act, loss, modification, and served as refugia in which tree voles isolation of large patches of older forest fragmentation of red tree vole habitat is could persist while adjacent disturbed remain within the DPS. Fifty-nine likely to continue on most of the 62 areas grew into habitat (Wimberley et al. percent of the LSOG within the DPS percent of the DPS that is privately 2000, p. 177). Such areas likely served comprised patches greater than 75 ac owned. Forecasts for State forest land, as source areas to recolonize newly (30 ha), the minimum stand size in which makes up almost all of the 16 developed habitats (Pulliam 1988, pp. which tree voles are found, and the percent of the DPS in State ownership, 658–660; Dias 1996, p. 326). However, average distance between these patches are to manage 15 to 25 percent of their if the amount or duration of unsuitable exceeds the known dispersal limits of land in older forest structure, with habitat exceeds the ability of the species tree voles (USFWS 2010, unpublished another 15 to 25 percent to be managed to persist in refugia and ultimately data). Furthermore, the criteria used to as layered forest structure. However, it recolonize available areas, the species define the initial dataset of late- is expected to take 70 years before may eventually be extirpated. Hence, successional forest used in our analysis reaching these amounts, with only 8 the longer habitat stays in an unsuitable includes forest conditions that are not percent of the State lands currently condition, the greater the risk to the suitable for red tree voles (e.g., low existing in these structural conditions. population (Wimberly et al. 2000, p. canopy cover, predominant hardwood Active management via thinning to 177). cover), so these results are overestimates reach these targeted structures, while Under current management of habitat remaining for red tree voles. potentially developing suitable tree vole conditions, the vast majority of Finally, applying the proportion of large habitat in the long term, may further

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63755

limit the potential for well-connected have little potential to contribute to the In summary, several threats, tree vole populations in the ensuing 70 overall persistence of the DPS under combined with the limited ability of the years. Current regulations on private current conditions of habitat red tree vole to respond to those threats, and State lands provide for timber fragmentation. Population connectivity contribute to our finding that the North harvest on relatively short rotation is thus a particular concern given the Oregon Coast DPS of the red tree vole schedules; this contributes to the species’ reduced numbers, habitat is in danger of extinction now or in the modification of older forest habitat, and specialization and limited dispersal foreseeable future. Older forest habitats maintains forest in a low-quality capabilities, combined with the limited that provide for red tree voles are condition for red tree voles. Although distribution of older forests located limited and highly fragmented, while some incidental benefits may accrue to primarily on Federal land within the ongoing forest practices in much of the individual red tree voles from the range of the red tree vole (USDA and DPS maintain the remaining patches of buffers put in place to protect habitat USDI 2000a, p. 186). Even on the cluster older forest in a highly fragmented and and targeted wildlife species under the of Federal lands north of Highway 20, isolated condition by managing the Forest Practices Rules, in general the remaining habitat has been deemed surrounding younger forest stands on patches of forest remaining under these insufficient to support stable short-rotation schedules. Existing guidelines are too small and isolated to populations of red tree voles (USDA and regulatory mechanisms on private and provide for the persistence of red tree USDI 2007, pp. 291–292). Finally, though the precise effects of State lands result in the maintenance of voles. In some harvest units, the this condition on most of their regulations require the retention of only environmental changes resulting from climate change on red tree vole habitat ownership. Although a portion of the two trees per ac (0.8 trees per ha), and State forest land will be managed the size of these trees is well below that are unknown, the projected increase in size and severity of forest disturbance towards older forest structure, it is normally used by red tree voles. The expected to take 70 years before linear perpendicular extent of tree vectors such as fire and pathogens are expected to further reduce and isolate reaching these conditions. Red tree vole retention along fishbearing streams populations within the North Oregon under the State regulations is habitat and tree vole populations. In Coast DPS appear to be relatively small dramatically less (about one-fifteenth) addition, projected shifts in the range of and isolated. Multiple features of red than that conserved under Federal species to the north and to increased tree vole biology and life history limit regulations. The scarcity of red tree elevations would further reduce the their ability to respond to the above voles throughout much of the DPS available habitat for the red tree vole, noted habitat loss and alteration. These where they were formerly found with given that it is already at its northern ease further suggests the forest areas and elevational limit within the North features include small home ranges, retained under the existing regulatory Oregon Coast DPS. Therefore, we have limited dispersal distances, low mechanisms are insufficient to support additionally found that the North reproductive potential relative to other persistent tree vole populations or Oregon Coast DPS of the red tree vole closely related rodents, a reluctance to successful dispersal and recolonization. is threatened by the exacerbating effects cross large openings, and likely Finally, unlike on Federal lands, there of other natural or manmade factors increased exposure to predation in are no mechanisms in place on private affecting its continued existence. certain habitat conditions (e.g. younger Given the threats described above, we or State lands to survey for tree voles stands or in areas with insufficient find that the North Oregon Coast DPS of and manage for sites that are located. canopy cover that forces voles to leave the red tree vole is in danger of We have therefore found existing trees and travel on the ground). Such extinction now or in the foreseeable life history characteristics make it regulatory mechanisms on private and future and therefore warrants listing. We State lands inadequate to provide for the difficult for red tree voles to persist in have considered time spans of several or recolonize already isolated habitat conservation of the red tree vole within projections of forest conditions and the DPS. patches. Although some land associated tree vole response and other management allocations within the DPS The current presumed limited measures of biodiversity to determine call for developing older forest population size and distribution of the how far into the future is reasonably conditions that may provide habitat for red tree vole within a small portion of foreseeable. Trends in timber harvest the red tree vole, it will be decades the DPS makes the species particularly and biodiversity in the Oregon Coast vulnerable to random environmental Range are projected for the next century before those areas attain those disturbances such as fires. Evidence (Johnson et al. 2007, entire; Spies et al. conditions. In the interim, the red tree from past fire events indicates that stand 2007a, b, entire). Although older forest vole remains vulnerable to random replacement fires have historically structure is expected to develop on environmental disturbances that may occurred in this area large enough that, some areas of State land and in those remove or further isolate large blocks of if fires of similar size were to occur now Federal land allocations managed for already limited habitat (e.g. large wind or in the foreseeable future, could late-successional conditions, existing storms or stand-replacing fire events). eliminate most, if not all, of the largest stands are in a variety of age and Finally, small and isolated populations patches of remaining high-quality older structural stages and it will be several such as the red tree vole are more forest habitat in the DPS. This is of decades before those stands develop vulnerable to extirpation within the DPS particular concern since the stronghold older forest structure and late- due to a variety of factors including loss of the red tree vole population in this successional conditions. For example, of genetic variability, inbreeding DPS is likely concentrated in a single on State lands, it is estimated that it will depression, and demographic cluster of Federal lands south of take at least 70 years to develop the stochasticity. Because of the existing Highway 20, and the potential loss of targeted amounts of forest complexity habitat conditions, the limited ability of the high quality habitat on these lands (ODF 2010c, p. I–13). Congruent with the red tree vole to persist in much of to an event such as a fire would remove the time spans stated above, we have the DPS, and its vulnerability in the the greatest source population of red determined the foreseeable future for foreseeable future until habitat tree voles in the DPS. Other populations the red tree vole to be approximately 70 conditions improve, we find that the are more fragmented and isolated and to 100 years. North Oregon Coast DPS of the red tree

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63756 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

vole is in danger of extinction now or Federal lands, where more of the obtaining, reviewing, and evaluating in the foreseeable future. existing tree vole habitat is likely to public comments and peer review We reviewed the available remain. For example, our analysis comments on proposed rules and information to determine if the existing indicates that remaining forested habitat incorporating relevant information into and foreseeable threats render the DPS on Federal lands provides a measure of final rules. The number of listing at risk of extinction now such that security to extant vole populations. actions that we can undertake in a given issuing an emergency regulation Although timber harvest across the DPS year also is influenced by the temporarily listing the species under is a concern, the loss of suitable vole complexity of those listing actions; that section 4(b)(7) of the Act is warranted. habitat to timber harvest has declined, is, more complex actions generally are We have determined that issuing an and the current status of the species more costly. The median cost for emergency regulation temporarily may reflect a lag effect from previous preparing and publishing a 90-day listing the species is not warranted for timber harvest. At the same time, much finding is $39,276; for a 12-month the North Oregon Coast DPS of the red of the Federal forested lands are finding, $100,690; for a proposed rule tree vole at this time, because voles are growing toward older conditions and with critical habitat, $345,000; and for currently distributed across multiple management of these lands is targeted a final listing rule with critical habitat, areas within the DPS and we do not toward increasing the older forest $305,000. believe there are any potential threats of condition of the landscape. In We cannot spend more than is such great immediacy, severity, or scope consideration of all these factors, we appropriated for the Listing Program that would simultaneously threaten all find the magnitude of threats to be without violating the Anti-Deficiency of the known populations with the moderate to low. We consider all of Act (see 31 U.S.C. 1341(a)(1)(A)). In imminent risk of extinction. However, if these threats imminent because they are addition, in FY 1998 and for each fiscal at any time we determine that an currently occurring within the DPS. year since then, Congress has placed a emergency regulation temporarily Preclusion and Expeditious Progress statutory cap on funds that may be listing of the North Oregon Coast DPS of expended for the Listing Program, equal Preclusion is a function of the listing the red tree vole is warranted, we will to the amount expressly appropriated priority of a species in relation to the initiate this action at that time. for that purpose in that fiscal year. This resources that are available and the cost cap was designed to prevent funds Listing Priority Number and relative priority of competing appropriated for other functions under The Service adopted guidelines on demands for those resources. Thus, in September 21, 1983 (48 FR 43098) to any given fiscal year (FY), multiple the Act (for example, recovery funds for establish a rational system for utilizing factors dictate whether it will be removing species from the Lists), or for available appropriations to the highest possible to undertake work on a listing other Service programs, from being used priority species when adding species to proposal regulation or whether for Listing Program actions (see House the Lists of Endangered or Threatened promulgation of such a proposal is Report 105–163, 105th Congress, 1st Wildlife and Plants or reclassifying precluded by higher priority listing Session, July 1, 1997). threatened species to endangered status. actions. Since FY 2002, the Service’s budget These guidelines, titled ‘‘Endangered The resources available for listing has included a critical habitat subcap to and Threatened Species Listing and actions are determined through the ensure that some funds are available for Recovery Priority Guidelines’’ address annual Congressional appropriations other work in the Listing Program (‘‘The the immediacy and magnitude of process. The appropriation for the critical habitat designation subcap will threats, and the level of taxonomic Listing Program is available to support ensure that some funding is available to distinctiveness by assigning priority in work involving the following listing address other listing activities’’ (House descending order to monotypic genera actions: Proposed and final listing rules; Report No. 107–103, 107th Congress, 1st (genus with one species), full species, 90-day and 12-month findings on Session, June 19, 2001)). In FY 2002 and and subspecies (or equivalently, distinct petitions to add species to the Lists of each year until FY 2006, the Service has population segments of vertebrates). The Endangered and Threatened Wildlife had to use virtually the entire critical lower the listing priority number (LPN), and Plants (Lists) or to change the status habitat subcap to address court- the higher the listing priority (that is, a of a species from threatened to mandated designations of critical species with an LPN of 1 would have endangered; annual ‘‘resubmitted’’ habitat, and consequently none of the the highest listing priority). petition findings on prior warranted- critical habitat subcap funds have been As a result of our analysis of the best but-precluded petition findings as available for other listing activities. In available scientific and commercial required under section 4(b)(3)(C)(i) of some FYs since 2006, we have been able information, we assigned the North the Act; critical habitat petition to use some of the critical habitat Oregon Coast DPS of the red tree vole findings; proposed and final rules subcap funds to fund proposed listing an LPN of 9, based on our finding that designating critical habitat; and determinations for high-priority the DPS faces threats that are imminent litigation-related, administrative, and candidate species. In other FYs, while and of moderate to low magnitude, program-management functions we were unable to use any of the critical including the present or threatened (including preparing and allocating habitat subcap funds to fund proposed destruction, modification, or budgets, responding to Congressional listing determinations, we did use some curtailment of its habitat; the and public inquiries, and conducting of this money to fund the critical habitat inadequacy of existing regulatory public outreach regarding listing and portion of some proposed listing mechanisms; and the impacts of chance critical habitat). The work involved in determinations so that the proposed environmental and demographic events preparing various listing documents can listing determination and proposed on an already isolated population. We be extensive and may include, but is not critical habitat designation could be consider the threat magnitude moderate limited to: Gathering and assessing the combined into one rule, thereby being because, although the entire population best scientific and commercial data more efficient in our work. At this time, is experiencing threats, the impact of available and conducting analyses used for FY 2011, we plan to use some of the those threats is more pronounced on as the basis for our decisions; writing critical habitat subcap funds to fund private and State ownerships than on and publishing documents; and proposed listing determinations.

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63757

We make our determinations of determinations be completed by a of a species (subspecies, or distinct preclusion on a nationwide basis to specific date; section 4 (of the Act) population segment)). The lower the ensure that the species most in need of listing actions with absolute statutory listing priority number, the higher the listing will be addressed first and also deadlines; essential litigation-related, listing priority (that is, a species with an because we allocate our listing budget administrative, and listing program- LPN of 1 would have the highest listing on a nationwide basis. Through the management functions; and high- priority). listing cap, the critical habitat subcap, priority listing actions for some of our Because of the large number of high- and the amount of funds needed to candidate species. In FY 2010, the priority species, we have further ranked address court-mandated critical habitat Service received many new petitions the candidate species with an LPN of 2 designations, Congress and the courts and a single petition to list 404 species. by using the following extinction-risk have in effect determined the amount of The receipt of petitions for a large type criteria: International Union for the money available for other listing number of species is consuming the Conservation of Nature and Natural activities nationwide. Therefore, the Service’s listing funding that is not Resources (IUCN) Red list status/rank, funds in the listing cap, other than those dedicated to meeting court-ordered Heritage rank (provided by needed to address court-mandated commitments. Absent some ability to NatureServe), Heritage threat rank critical habitat for already listed species, balance effort among listing duties (provided by NatureServe), and species set the limits on our determinations of under existing funding levels, the currently with fewer than 50 preclusion and expeditious progress. Service is only able to initiate a few new individuals, or 4 or fewer populations. Congress identified the availability of listing determinations for candidate Those species with the highest IUCN resources as the only basis for deferring species in FY 2011. rank (critically endangered), the highest the initiation of a rulemaking that is In 2009, the responsibility for listing Heritage rank (G1), the highest Heritage warranted. The Conference Report foreign species under the Act was threat rank (substantial, imminent accompanying Public Law 97–304 transferred from the Division of threats), and currently with fewer than (Endangered Species Act Amendments Scientific Authority, International 50 individuals, or fewer than 4 of 1982), which established the current Affairs Program, to the Endangered populations, originally comprised a statutory deadlines and the warranted- Species Program. Therefore, starting in group of approximately 40 candidate but-precluded finding, states that the FY 2010, we used a portion of our species (‘‘Top 40’’). These 40 candidate amendments were ‘‘not intended to funding to work on the actions species have had the highest priority to allow the Secretary to delay described above for listing actions receive funding to work on a proposed commencing the rulemaking process for related to foreign species. In FY 2011, listing determination. As we work on any reason other than that the existence we anticipate using $1,500,000 for work proposed and final listing rules for those of pending or imminent proposals to list on listing actions for foreign species, 40 candidates, we apply the ranking species subject to a greater degree of which reduces funding available for criteria to the next group of candidates threat would make allocation of domestic listing actions; however, with an LPN of 2 and 3 to determine the resources to such a petition [that is, for currently only $500,000 has been next set of highest priority candidate a lower-ranking species] unwise.’’ allocated for this function. Although species. Finally, proposed rules for Although that statement appeared to there are no foreign species issues reclassification of threatened species to refer specifically to the ‘‘to the included in our high-priority listing endangered species are lower priority, maximum extent practicable’’ limitation actions at this time, many actions have because as listed species, they are on the 90-day deadline for making a statutory or court-approved settlement already afforded the protections of the ‘‘substantial information’’ finding, that deadlines, thus increasing their priority. Act and implementing regulations. finding is made at the point when the The budget allocations for each specific However, for efficiency reasons, we may Service is deciding whether or not to listing action are identified in the choose to work on a proposed rule to commence a status review that will Service’s FY 2011 Allocation Table (part reclassify a species to endangered if we determine the degree of threats facing of our record). can combine this with work that is the species, and therefore the analysis For the above reasons, funding a subject to a court-determined deadline. underlying the statement is more proposed listing determination for the With our workload so much bigger relevant to the use of the warranted-but- North Oregon Coast DPS of the red tree than the amount of funds we have to precluded finding, which is made when vole is precluded by court-ordered and accomplish it, it is important that we be the Service has already determined the court-approved settlement agreements, as efficient as possible in our listing degree of threats facing the species and listing actions with absolute statutory process. Therefore, as we work on is deciding whether or not to commence deadlines, and work on proposed listing proposed rules for the highest priority a rulemaking. determinations for those candidate species in the next several years, we are In FY 2011, on April 15, 2011, species with a higher listing priority preparing multi-species proposals when Congress passed the Full-Year (i.e., candidate species with LPNs of appropriate, and these may include Continuing Appropriations Act (Pub. L. 1–8). species with lower priority if they 112–10), which provides funding Based on our September 21, 1983, overlap geographically or have the same through September 30, 2011. The guidelines for assigning an LPN for each threats as a species with an LPN of 2. Service has $20,902,000 for the listing candidate species (48 FR 43098), we In addition, we take into consideration program. Of that, $9,472,000 is being have a significant number of species the availability of staff resources when used for determinations of critical with a LPN of 2. Using these guidelines, we determine which high-priority habitat for already listed species. Also we assign each candidate an LPN of 1 species will receive funding to $500,000 is appropriated for foreign to 12, depending on the magnitude of minimize the amount of time and species listings under the Act. The threats (high or moderate to low), resources required to complete each Service thus has $10,930,000 available immediacy of threats (imminent or listing action. to fund work in the following categories: nonimminent), and taxonomic status of As explained above, a determination Compliance with court orders and the species (in order of priority: that listing is warranted but precluded court-approved settlement agreements monotypic genus (a species that is the must also demonstrate that expeditious requiring that petition findings or listing sole member of a genus); species; or part progress is being made to add and

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63758 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

remove qualified species to and from for those funds. (Although we do not Program. So far during FY 2011, we the Lists of Endangered and Threatened discuss it in detail here, we are also have completed delisting rules for three Wildlife and Plants. As with our making expeditious progress in species.) Given the limited resources ‘‘precluded’’ finding, the evaluation of removing species from the list under the available for listing, we find that we are whether progress in adding qualified Recovery program in light of the making expeditious progress in FY 2011 species to the Lists has been expeditious resource available for delisting, which is in the Listing Program. This progress is a function of the resources available funded by a separate line item in the included preparing and publishing the for listing and the competing demands budget of the Endangered Species following determinations:

FY 2011 COMPLETED LISTING ACTIONS

Publication date Title Actions FR pages

10/6/2010 ...... Endangered Status for the Altamaha Spinymussel and Designa- Proposed Listing Endangered ... 75 FR 61664–61690. tion of Critical Habitat. 10/7/2010 ...... 12-Month Finding on a Petition to list the Sacramento Splittail as Notice of 12-month petition find- 75 FR 62070–62095. Endangered or Threatened. ing, Not warranted. 10/28/2010 ...... Endangered Status and Designation of Critical Habitat for Proposed Listing Endangered 75 FR 66481–66552. Spikedace and Loach Minnow. (uplisting). 11/2/2010 ...... 90-Day Finding on a Petition to List the Bay Springs Sala- Notice of 90-day Petition Find- 75 FR 67341–67343. mander as Endangered. ing, Not substantial. 11/2/2010 ...... Determination of Endangered Status for the Georgia Pigtoe Final Listing Endangered ...... 75 FR 67511–67550. Mussel, Interrupted Rocksnail, and Rough Hornsnail and Des- ignation of Critical Habitat. 11/2/2010 ...... Listing the Rayed Bean and Snuffbox as Endangered ...... Proposed Listing Endangered ... 75 FR 67551–67583. 11/4/2010 ...... 12-Month Finding on a Petition to List Cirsium wrightii (Wright’s Notice of 12-month petition find- 75 FR 67925–67944. Marsh Thistle) as Endangered or Threatened. ing, Warranted but precluded. 12/14/2010 ...... Endangered Status for Dunes Sagebrush Lizard ...... Proposed Listing Endangered ... 75 FR 77801–77817. 12/14/2010 ...... 12-Month Finding on a Petition to List the North American Wol- Notice of 12-month petition find- 75 FR 78029–78061. verine as Endangered or Threatened. ing, Warranted but precluded. 12/14/2010 ...... 12-Month Finding on a Petition to List the Sonoran Population of Notice of 12-month petition find- 75 FR 78093–78146. the Desert Tortoise as Endangered or Threatened. ing, Warranted but precluded. 12/15/2010 ...... 12-Month Finding on a Petition to List Astragalus microcymbus Notice of 12-month petition find- 75 FR 78513–78556. and Astragalus schmolliae as Endangered or Threatened. ing, Warranted but precluded. 12/28/2010 ...... Listing Seven Brazilian Bird Species as Endangered Throughout Final Listing Endangered ...... 75 FR 81793–81815. Their Range. 1/4/2011 ...... 90-Day Finding on a Petition to List the Red Knot subspecies Notice of 90-day Petition Find- 76 FR 304–311. Calidris canutus roselaari as Endangered. ing, Not substantial. 1/19/2011 ...... Endangered Status for the Sheepnose and Spectaclecase Mus- Proposed Listing Endangered ... 76 FR 3392–3420. sels. 2/10/2011 ...... 12-Month Finding on a Petition to List the Pacific Walrus as En- Notice of 12-month petition find- 76 FR 7634–7679. dangered or Threatened. ing, Warranted but precluded. 2/17/2011 ...... 90-Day Finding on a Petition To List the Sand Verbena Moth as Notice of 90-day Petition Find- 76 FR 9309–9318. Endangered or Threatened. ing, Substantial. 2/22/2011 ...... Determination of Threatened Status for the New Zealand-Aus- Final Listing Threatened ...... 76 FR 9681–9692. tralia Distinct Population Segment of the Southern Rockhopper Penguin. 2/22/2011 ...... 12-Month Finding on a Petition to List Solanum conocarpum Notice of 12-month petition find- 76 FR 9722–9733. (marron bacora) as Endangered. ing, Warranted but precluded. 2/23/2011 ...... 12-Month Finding on a Petition to List Thorne’s Hairstreak But- Notice of 12-month petition find- 76 FR 9991–10003. terfly as Endangered. ing, Not warranted. 2/23/2011 ...... 12-Month Finding on a Petition to List Astragalus hamiltonii, Notice of 12-month petition find- 76 FR 10166–10203. Penstemon flowersii, Eriogonum soredium, Lepidium ostleri, ing, Warranted but precluded and Trifolium friscanum as Endangered or Threatened. & Not Warranted. 2/24/2011 ...... 90-Day Finding on a Petition to List the Wild Plains Bison or Notice of 90-day Petition Find- 76 FR 10299–10310. Each of Four Distinct Population Segments as Threatened. ing, Not substantial. 2/24/2011 ...... 90-Day Finding on a Petition to List the Unsilvered Fritillary But- Notice of 90-day Petition Find- 76 FR 10310–10319. terfly as Threatened or Endangered. ing, Not substantial. 3/8/2011 ...... 12-Month Finding on a Petition to List the Mt. Charleston Blue Notice of 12-month petition find- 76 FR 12667–12683. Butterfly as Endangered or Threatened. ing, Warranted but precluded. 3/8/2011 ...... 90-Day Finding on a Petition to List the Texas Kangaroo Rat as Notice of 90-day Petition Find- 76 FR 12683–12690. Endangered or Threatened. ing, Substantial. 3/10/2011 ...... Initiation of Status Review for Longfin Smelt ...... Notice of Status Review ...... 76 FR 13121–13122. 3/15/2011 ...... Withdrawal of Proposed Rule to List the Flat-tailed Horned Liz- Proposed rule withdrawal ...... 76 FR 14210–14268. ard as Threatened. 3/15/2011 ...... Proposed Threatened Status for the Chiricahua Leopard Frog Proposed Listing Threatened; 76 FR 14126–14207. and Proposed Designation of Critical Habitat. Proposed Designation of Crit- ical Habitat. 3/22/2011 ...... 12-Month Finding on a Petition to List the Berry Cave Sala- Notice of 12-month petition find- 76 FR 15919–15932. mander as Endangered. ing, Warranted but precluded. 4/1/2011 ...... 90-Day Finding on a Petition to List the Spring Pygmy Sunfish Notice of 90-day Petition Find- 76 FR 18138–18143. as Endangered. ing, Substantial. 4/5/2011 ...... 12-Month Finding on a Petition to List the Bearmouth Notice of 12-month petition find- 76 FR 18684–18701. Mountainsnail, Byrne Resort Mountainsnail, and Meltwater ing, Not Warranted and War- Lednian Stonefly as Endangered or Threatened. ranted but precluded.

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63759

FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

4/5/2011 ...... 90-Day Finding on a Petition To List the Peary Caribou and Dol- Notice of 90-day Petition Find- 76 FR 18701–18706. phin and Union population of the Barren-ground Caribou as ing, Substantial. Endangered or Threatened. 4/12/2011 ...... Proposed Endangered Status for the Three Forks Springsnail Proposed Listing Endangered; 76 FR 20464–20488. and San Bernardino Springsnail, and Proposed Designation of Proposed Designation of Crit- Critical Habitat. ical Habitat. 4/13/2011 ...... 90-Day Finding on a Petition To List Spring Mountains Acastus Notice of 90-day Petition Find- 76 FR 20613–20622. Checkerspot Butterfly as Endangered. ing, Substantial. 4/14/2011 ...... 90-Day Finding on a Petition to List the Prairie Chub as Threat- Notice of 90-day Petition Find- 76 FR 20911–20918. ened or Endangered. ing, Substantial. 4/14/2011 ...... 12-Month Finding on a Petition to List Hermes Copper Butterfly Notice of 12-month petition find- 76 FR 20918–20939. as Endangered or Threatened. ing, Warranted but precluded. 4/26/2011 ...... 90-Day Finding on a Petition to List the Arapahoe Snowfly as Notice of 90-day Petition Find- 76 FR 23256–23265. Endangered or Threatened. ing, Substantial. 4/26/2011 ...... 90-Day Finding on a Petition to List the Smooth-Billed Ani as Notice of 90-day Petition Find- 76 FR 23265–23271. Threatened or Endangered. ing, Not substantial. 5/12/2011 ...... Withdrawal of the Proposed Rule to List the Mountain Plover as Proposed Rule, Withdrawal ...... 76 FR 27756–27799. Threatened. 5/25/2011 ...... 90-Day Finding on a Petition To List the Spot-tailed Earless Liz- Notice of 90-day Petition Find- 76 FR 30082–30087. ard as Endangered or Threatened. ing, Substantial. 5/26/2011 ...... Listing the Salmon-Crested Cockatoo as Threatened Throughout Final Listing Threatened ...... 76 FR 30758–30780. its Range with Special Rule. 5/31/2011 ...... 12-Month Finding on a Petition to List Puerto Rican Harlequin Notice of 12-month petition find- 76 FR 31282–31294. Butterfly as Endangered. ing, Warranted but precluded. 6/2/2011 ...... 90-Day Finding on a Petition to Reclassify the Straight-Horned Notice of 90-day Petition Find- 76 FR 31903–31906. Markhor (Capra falconeri jerdoni) of Torghar Hills as Threat- ing, Substantial. ened. 6/2/2011 ...... 90-Day Finding on a Petition to List the Golden-winged Warbler Notice of 90-day Petition Find- 76 FR 31920–31926. as Endangered or Threatened. ing, Substantial. 6/7/2011 ...... 12-Month Finding on a Petition to List the Striped Newt as Notice of 12-month petition find- 76 FR 32911–32929. Threatened. ing, Warranted but precluded. 6/9/2011 ...... 12-Month Finding on a Petition to List Abronia ammophila, Notice of 12-month petition find- 76 FR 33924–33965. Agrostis rossiae, Astragalus proimanthus, Boechera (Arabis) ing, Not Warranted and War- pusilla, and Penstemon gibbensii as Threatened or Endan- ranted but precluded. gered. 6/21/2011 ...... 90-Day Finding on a Petition to List the Utah Population of the Notice of 90-day Petition Find- 76 FR 36049–36053. Gila Monster as an Endangered or a Threatened Distinct Pop- ing, Not substantial. ulation Segment. 6/21/2011 ...... Revised 90-Day Finding on a Petition To Reclassify the Utah Notice of 90-day Petition Find- 76 FR 36053–36068. Prairie Dog From Threatened to Endangered. ing, Not substantial. 6/28/2011 ...... 12-Month Finding on a Petition to List Castanea pumila var. Notice of 12-month petition find- 76 FR 37706–37716. ozarkensis as Threatened or Endangered. ing, Not warranted. 6/29/2011 ...... 90-Day Finding on a Petition to List the Eastern Small-Footed Notice of 90-day Petition Find- 76 FR 38095–38106. Bat and the Northern Long-Eared Bat as Threatened or En- ing, Substantial. dangered. 6/30/2011 ...... 12-Month Finding on a Petition to List a Distinct Population Seg- Notice of 12-month petition find- 76 FR 38504–38532. ment of the Fisher in Its United States Northern Rocky Moun- ing, Not warranted. tain Range as Endangered or Threatened with Critical Habitat. 7/12/2011 ...... 90-Day Finding on a Petition to List the Bay Skipper as Threat- Notice of 90-day Petition Find- 76 FR 40868–40871. ened or Endangered. ing, Substantial. 7/19/2011 ...... 12-Month Finding on a Petition to List Pinus albicaulis as En- Notice of 12-month petition find- 76 FR 42631–42654. dangered or Threatened with Critical Habitat. ing, Warranted but precluded. 7/19/2011 ...... Petition To List Grand Canyon Cave Pseudoscorpion ...... Notice of 12-month petition find- 76 FR 42654–42658. ing, Not warranted. 7/26/2011 ...... 12-Month Finding on a Petition to List the Giant Palouse Earth- Notice of 12-month petition find- 76 FR 44547–44564. worm (Drilolerius americanus) as Threatened or Endangered. ing, Not warranted. 7/26/2011 ...... 12-Month Finding on a Petition to List the Frigid Ambersnail as Notice of 12-month petition find- 76 FR 44566–44569. Endangered. ing, Not warranted. 7/27/2011 ...... Determination of Endangered Status for Ipomopsis polyantha Final Listing Endangered, 76 FR 45054–45075. (Pagosa Skyrocket) and Threatened Status for Penstemon Threatened. debilis (Parachute Beardtongue) and Phacelia submutica (DeBeque Phacelia). 7/27/2011 ...... 12-Month Finding on a Petition to List the Gopher Tortoise as Notice of 12-month petition find- 76 FR 45130–45162. Threatened in the Eastern Portion of its Range. ing, Warranted but precluded. 8/2/2011 ...... Proposed Endangered Status for the Chupadera Springsnail Proposed Listing Endangered ... 76 FR 46218–46234. (Pyrgulopsis chupaderae) and Proposed Designation of Crit- ical Habitat. 8/2/2011 ...... 90-Day Finding on a Petition to List the Straight Snowfly and Notice of 90-day Petition Find- 76 FR 46238–46251. Idaho Snowfly as Endangered. ing, Not substantial. 8/2/2011 ...... 12-Month Finding on a Petition to List the Redrock Stonefly as Notice of 12-month petition find- 76 FR 46251–46266. Endangered or Threatened. ing, Not warranted.

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63760 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

8/2/2011 ...... Listing 23 Species on Oahu as Endangered and Designating Proposed Listing Endangered ... 76 FR 46362–46594. Critical Habitat for 124 Species. 8/4/2011 ...... 90-Day Finding on a Petition To List Six Sand Dune Beetles as Notice of 90-day Petition Find- 76 FR 47123–47133. Endangered or Threatened. ing, Not substantial and sub- stantial. 8/9/2011 ...... Endangered Status for the Cumberland Darter, Rush Darter, Final Listing Endangered ...... 76 FR 48722–48741. Yellowcheek Darter, Chucky Madtom, and Laurel Dace. 8/9/2011 ...... 12-Month Finding on a Petition to List the Nueces River and Notice of 12-month petition find- 76 FR 48777–48788. Plateau Shiners as Threatened or Endangered. ing, Not warranted. 8/9/2011 ...... Four Foreign Parrot Species [crimson shining parrot, white Proposed Listing Endangered 76 FR 49202–49236. cockatoo, Philippine cockatoo, yellow-crested cockatoo]. and Threatened; Notice of 12- month petition finding, Not warranted. 8/10/2011 ...... Proposed Listing of the Miami Blue Butterfly as Endangered, Proposed Listing Endangered 76 FR 49408–49412. and Proposed Listing of the Cassius Blue, Ceraunus Blue, Similarity of Appearance. and Nickerbean Blue Butterflies as Threatened Due to Simi- larity of Appearance to the Miami Blue Butterfly. 8/10/2011 ...... 90-Day Finding on a Petition To List the Saltmarsh Topminnow Notice of 90-day Petition Find- 76 FR 49412–49417. as Threatened or Endangered Under the Endangered Species ing, Substantial. Act. 8/10/2011 ...... Emergency Listing of the Miami Blue Butterfly as Endangered, Emergency Listing Endangered 76 FR 49542–49567. and Emergency Listing of the Cassius Blue, Ceraunus Blue, Similarity of Appearance. and Nickerbean Blue Butterflies as Threatened Due to Simi- larity of Appearance to the Miami Blue Butterfly. 8/11/2011 ...... Listing Six Foreign Birds as Endangered Throughout Their Final Listing Endangered ...... 76 FR 50052–50080. Range. 8/17/2011 ...... 90-Day Finding on a Petition to List the Leona’s Little Blue But- Notice of 90-day Petition Find- 76 FR 50971–50979. terfly as Endangered or Threatened. ing, Substantial.

Our expeditious progress also statutory timelines, that is, timelines a lower priority if they overlap includes work on listing actions that we required under the Act. Actions in the geographically or have the same threats funded in FY 2010 and FY 2011 but bottom section of the table are high- as the species with the high priority. have not yet been completed to date. priority listing actions. These actions Including these species together in the These actions are listed below. Actions include work primarily on species with same proposed rule results in in the top section of the table are being an LPN of 2, and, as discussed above, considerable savings in time and conducted under a deadline set by a selection of these species is partially funding, when compared to preparing court. Actions in the middle section of based on available staff resources, and separate proposed rules for each of them the table are being conducted to meet when appropriate, include species with in the future.

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

4 parrot species (military macaw, yellow-billed parrot, red-crowned parrot, scarlet macaw) 5 ...... 12-month petition finding. 4 parrot species (blue-headed macaw, great green macaw, grey-cheeked parakeet, hyacinth macaw) 5 ...... 12-month petition finding. Longfin smelt ...... 12-month petition finding.

Actions with Statutory Deadlines

Casey’s june beetle ...... Final listing determination. 5 Bird species from Colombia and Ecuador ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. Ozark hellbender 4 ...... Final listing determination. Altamaha spinymussel 3 ...... Final listing determination. 6 Birds from Peru & Bolivia ...... Final listing determination. Loggerhead sea turtle (assist National Marine Fisheries Service) 5 ...... Final listing determination. 2 mussels (rayed bean (LPN = 2), snuffbox No LPN) 5 ...... Final listing determination. CA golden trout 4 ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. Mojave fringe-toed lizard 1 ...... 12-month petition finding. Kokanee—Lake Sammamish population 1 ...... 12-month petition finding. Cactus ferruginous pygmy-owl 1 ...... 12-month petition finding. Northern leopard frog ...... 12-month petition finding. Tehachapi slender salamander ...... 12-month petition finding. Coqui Llanero ...... 12-month petition finding/ Proposed listing. Dusky tree vole ...... 12-month petition finding.

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63761

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

Leatherside chub (from 206 species petition) ...... 12-month petition finding. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. 3 Texas moths (Ursia furtiva, Sphingicampa blanchardi, Agapema galbina) (from 475 species petition) ...... 12-month petition finding. 3 South Arizona plants (Erigeron piscaticus, Astragalus hypoxylus, Amoreuxia gonzalezii) (from 475 species peti- 12-month petition finding. tion). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 parrots (foreign species) ...... 12-month petition finding. Mohave Ground Squirrel 1 ...... 12-month petition finding. Western gull-billed tern ...... 12-month petition finding. OK grass pink (Calopogon oklahomensis) 1 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Honduran emerald ...... 12-month petition finding. Eagle Lake trout 1 ...... 90-day petition finding. 32 Pacific Northwest mollusks species (snails and slugs) 1 ...... 90-day petition finding. 42 snail species (Nevada & Utah) ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding. 10 species of Great Basin butterfly ...... 90-day petition finding. 404 Southeast species ...... 90-day petition finding. Franklin’s bumble bee 4 ...... 90-day petition finding. American eel 4 ...... 90-day petition finding. Aztec gilia 5 ...... 90-day petition finding. White-tailed ptarmigan 5 ...... 90-day petition finding. San Bernardino flying squirrel 5 ...... 90-day petition finding. Bicknell’s thrush 5 ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami & Pectis imberbis) 5 ...... 90-day petition finding. I’iwi 5 ...... 90-day petition finding. Humboldt marten ...... 90-day petition finding. Desert massasauga ...... 90-day petition finding. Western glacier stonefly (Zapada glacier) ...... 90-day petition finding. Thermophilic ostracod (Potamocypris hunteri) ...... 90-day petition finding. Sierra Nevada red fox 5 ...... 90-day petition finding. Boreal toad (eastern or southern Rocky Mtn population) 5 ...... 90-day petition finding.

High-Priority Listing Actions

20 Maui-Nui candidate species 2 (17 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 with LPN = 8) ...... Proposed listing. 8 Gulf Coast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama pearlshell (LPN = Proposed listing. 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 4. Umtanum buckwheat (LPN = 2) and white bluffs bladderpod (LPN = 9) 4 ...... Proposed listing. Grotto sculpin (LPN = 2) 4 ...... Proposed listing. 2 Arkansas mussels (Neosho mucket (LPN = 2) & Rabbitsfoot (LPN = 9)) 4 ...... Proposed listing. Diamond darter (LPN = 2) 4 ...... Proposed listing. Gunnison sage-grouse (LPN = 2) 4 ...... Proposed listing. Coral Pink Sand Dunes Tiger Beetle (LPN = 2) 5 ...... Proposed listing. Lesser prairie chicken (LPN = 2) ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado salamander (LPN = 2), Georgetown sala- Proposed listing. mander (LPN = 8), Jollyville Plateau (LPN = 8)) 3. 5 SW aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y springsnail (LPN = 2), Phantom springsnail (LPN = Proposed listing. 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2)) 3. 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN = 2), Neches River rose-mallow (Hibiscus Proposed listing. dasycalyx) (LPN = 2)) 3. 4 AZ plants (Acuna cactus (Echinomastus erectocentrus var. acunensis) (LPN = 3), Fickeisen plains cactus Proposed listing. (Pediocactus peeblesianus fickeiseniae) (LPN = 3), Lemmon fleabane (Erigeron lemmonii) (LPN = 8), Gierisch mallow (Sphaeralcea gierischii) (LPN = 2)) 5. FL bonneted bat (LPN = 2) 3 ...... Proposed listing. 3 Southern FL plants (Florida semaphore cactus (Consolea corallicola) (LPN = 2), shellmound applecactus Proposed listing. (Harrisia (=Cereus) aboriginum (=gracilis)) (LPN = 2), Cape Sable thoroughwort (Chromolaena frustrata) (LPN = 2)) 5. 21 Big Island (HI) species 5 (includes 8 candidate species—6 plants & 2 animals; 4 with LPN = 2, 1 with LPN = Proposed listing. 3, 1 with LPN = 4, 2 with LPN = 8). 12 Puget Sound prairie species (9 subspecies of pocket gopher (Thomomys mazama ssp.) (LPN = 3), streaked Proposed listing. horned lark (LPN = 3), Taylor’s checkerspot (LPN = 3), Mardon skipper (LPN = 8)) 3. 2 TN River mussels (fluted kidneyshell (LPN = 2), slabside pearlymussel (LPN = 2)) 5 ...... Proposed listing. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 63762 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules

We have endeavored to make our new information becomes available. www.regulations.gov and on request listing actions as efficient and timely as This review will determine if a change from the Oregon Fish and Wildlife possible, given the requirements of the in status is warranted, including the Office (see ADDRESSES). relevant law and regulations, and need to make prompt use of emergency Authors constraints relating to workload and listing procedures. personnel. We are continually We intend that any proposed listing The primary authors of this document considering ways to streamline action for the North Oregon Coast DPS are the staff members of the Oregon Fish processes or achieve economies of scale, of the red tree vole will be as accurate and Wildlife Office. such as by batching related actions as possible. Therefore, we will continue Authority together. Given our limited budget for to accept additional information and The authority for this action is the implementing section 4 of the Act, these comments from all concerned Endangered Species Act of 1973, as actions described above collectively governmental agencies, the scientific amended (16 U.S.C. 1531 et seq.). constitute expeditious progress. community, industry, or any other The North Oregon Coast DPS of the interested party concerning this finding. Dated: September 19, 2011. Daniel M. Ashe, red tree vole will be added to the list of References Cited candidate species upon publication of Director, Fish and Wildlife Service. this 12-month finding. We will continue A complete list of all references cited [FR Doc. 2011–25818 Filed 10–12–11; 8:45 am] to monitor the status of this species as is available on the internet at http:// BILLING CODE 4310–55–P

VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00044 Fmt 4701 Sfmt 9990 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2