46710 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules in the record for treating southeast the most commonly used ungulate prey. DEPARTMENT OF THE INTERIOR wolves as a distinct subspecies, Moose and elk have very limited Canis lupus ligoni, and, therefore, distributions in and Fish and Wildlife Service believes that it is reasonable to review are probably used where available. the status of wolves in southeastern 50 CFR Part 17 Logging on the Tongass National Alaska as a listable entity under the Forest has been concentrated in high Endangered and Threatened Wildlife Endangered Species Act. and Plants; 12-Month Finding for a The Alexander Archipelago wolf volume forests since industrial scale Petition To List the Queen Charlotte occurs on the in southeast logging began in 1955. These forests are Alaska from to Yakutat important winter habitat for deer Goshawk as Endangered and To Bay and on all the major islands in the because the multilayered canopies Designate Critical Habitat Alexander Archipelago except intercept snow and allow deer access to AGENCY: Fish and Wildlife Service, Admiralty, Baranof and Chichagof highly nutritious forage that is not Interior. islands. Wolves in southeast Alaska are available in most clearcuts and second- ACTION: Notice of 12-month petition relatively isolated by the Pacific Ocean growth forests. Much of the harvest has finding. and the Coast Mountain Range. Six occurred within the major island groups rivers or passes penetrate the Coastal and adjacent mainland occupied by SUMMARY: The Fish and Wildlife Service Mountains and may allow some wolves. The projected logging of old (Service) announces a 12-month finding interchange between wolves in growth in southeast Alaska will result in for a petition to list the Queen Charlotte southeast Alaska and those in British a decline of deer in southeast Alaska. goshawk (Accipiter gentilis laingi) under Columbia, Canada. Wolves in Alaska Effects of logging will be particularly the Endangered Species Act of 1973, as and coastal may also evident during winters with heavy snow amended. After review of all available interchange along the coastal mainland; that persists on the forest floor for long scientific and commercial information, however, the amount of interchange periods of time. Because wolves are the Service finds that listing this between Alaska and British Columbia subspecies as endangered or threatened inextricably tied to their prey, declines wolves has not been studied. is not warranted. in deer are expected to eventually result The current population of Alexander DATES: in declines of wolves. The finding announced in this Archipelago wolves is thought to be document was made on August 28, stable at moderate to high densities. The Despite the anticipated population 1997. population size of wolves in southeast decline, the Service believes that wolves ADDRESSES: Data, information, Alaska is not known with certainty but in southeast Alaska will not be in comments, or questions concerning this probably numbers between 750 and danger of extinction within the petition should be sent to the Field 1,500 individuals. About 67 percent of foreseeable future because we expect the Supervisor, U.S. Fish and Wildlife the population is estimated to live on population decline to stop at an Service, Ecological Services Field the islands in the central and southern acceptable level. Additionally, wolves Office, 3000 Vintage Blvd., Suite 201, portion of the archipelago. are known to persist at low numbers in Juneau, Alaska 99801–7100. The Potential threats to the species’ healthy populations and to be resilient petition finding, supporting data, and persistence include human-caused comments are available for public mortality, disease, loss of prey as a to the activities of man because of their result of timber harvest, and loss of prey high reproductive rate and high inspection, by appointment, during as the result of severe winter weather. dispersal capability. The Service, normal business hours at the above Results from a recent scientific study therefore, concludes that the Alexander address. indicate that hunting and trapping of Archipelago wolf is unlikely to become FOR FURTHER INFORMATION CONTACT: John wolves may have exceeded sustainable endangered throughout all or a Lindell, Fish and Wildlife Biologist, at levels on Prince of Wales and Kosciusko significant portion of its range in the the above address, or by calling 907/ Islands, Alaska. In response to that foreseeable future. 586–7240. study, the Alaska Board of Game and Authors: The primary authors of this SUPPLEMENTARY INFORMATION: the Federal Subsistence Board revised document are Teresa Woods, Fish and Background hunting and trapping regulations in Wildlife Biologist, 907/786–3505, and southeast Alaska to limit annual wolf Tony DeGange, Fish and Wildlife Section 4(b)(3)(B) of the Endangered harvest to acceptable levels. Biologist, 907/786–3492, of the Fish and Species Act of 1973, as amended (16 Canine diseases have been U.S.C. 1531 et seq.), requires that, for Wildlife Service, Alaska Regional documented in other North American any petition to revise the Lists of Office. wolf populations. Evidence from these Endangered and Threatened Wildlife other populations indicates that Authority and Plants that contains substantial although disease may cause mortality, it scientific and commercial information, is unlikely to have an effect on the The authority for this section is the the Service make a finding on whether population of Alexander Archipelago Endangered Species Act (16 U.S.C. 1531 the petitioned action is (a) not wolves. et seq.). warranted, (b) warranted, or (c) The Service considers potential loss Dated: August 28, 1997. warranted but precluded from of prey the most serious threat. Wolves immediate proposal by other pending Jamie Rappaport Clark, are capable of exploiting a variety of proposals of higher priority. ungulate and nonungulate prey. Within Director, Fish and Wildlife Service. On May 9, 1994, the Fish and Wildlife the major island groups in southeast [FR Doc. 97–23501 Filed 9–3–97; 8:45 am] Service received a petition dated May 2, Alaska, where wolves are most BILLING CODE 4310±55±P 1994, from the Southwest Center for abundant and logging is most prevalent, Biological Diversity, Greater Gila Sitka black-tailed deer and, to a lesser Biodiversity Project, Biodiversity Legal extent, beaver are the most commonly Foundation, Greater Ecosystem used prey. On the mainland, goats are Alliance, Save the West, Save America’s Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46711

Forests, Native Forest Network, Native term habitat projections for the Tongass the Service has relied primarily upon Forest Council, Eric Holle, and Don National Forest included in the 1997 consideration of the proportion of Muller, to list the Queen Charlotte Tongass Land Management Plan productive old-growth forest that has goshawk as endangered under the Revision. been, and is projected to be, affected by Endangered Species Act. The petition The northern goshawk (Accipiter logging. was based largely upon the present and gentilis) occurs in boreal and temperate In southeast Alaska, when habitat impending effects of timber harvest in forests of , , and projections for the Tongass National the on the Asia. This notice pertains exclusively to Forest (derived from the 1997 Revision Queen Charlotte goshawk. On August the Queen Charlotte goshawk (A. g. to the Tongass Land Management Plan) 26, 1994, the Service published a laingi), a subspecies that occurs in the were added to estimates for private and positive 90-day finding (59 FR 44124) coastal temperate rainforests of State lands, approximately 57 percent of that substantial information was southeast Alaska and British Columbia, the original productive old-growth presented in the petition indicating that Canada. Although some uncertainty forest is contained within large reserves the requested action may be warranted. surrounds the exact range of the where timber harvest is prohibited. In In accordance with the Service’s subspecies and the zones of the matrix, which is the area outside of listing petition procedures, the positive intergradation between it and A. g. reserves where harvest can take place, 90-day finding initiated a more atricapillus (which is the subspecies another 18 percent of the original thorough 12-month evaluation, and that occurs in adjacent areas), the productive old-growth forest will be based on this evaluation the Service distribution of the Queen Charlotte maintained by measures intended to determined on May 19, 1995, that listing goshawk is currently described as the protect beach and estuary fringes, was not warranted (60 FR 33784). islands and mainland of southeast riparian corridors, and other resources. On November 17, 1995, the Southwest Alaska south of Icy Strait and Lynn Thus, a total of 75 percent of the Center for Biological Diversity, Canal, and the Queen Charlotte Islands original preferred habitat will remain Biodiversity Legal Foundation, Save the and Vancouver Island in British intact. Although fragmentation may West, Save America’s Forests, Native Columbia. compromise habitat quality in some Forest Network, Native Forest Council, Queen Charlotte goshawks are areas, the Service believes that large Eric Holle, and Don Muller filed a difficult to census, and no reliable reserves will provide sufficient habitat complaint in District population estimates or population for goshawks to ensure that the Court, District of Columbia, against the trend data are available. However, subspecies will persist throughout Department of the Interior and the recent research has shown that the southeast Alaska in well-distributed Service for their refusal to list the Queen Queen Charlotte goshawk has a strong local populations. Charlotte goshawk and designate critical association with productive old-growth In British Columbia, approximately 64 habitat. On September 25, 1996, the forest, where it usually nests, spends the percent of the original productive old- United States District Court remanded majority of its time, and which provides growth forest will be protected on the the 12-month finding to the Secretary of habitat for most of the hawk’s important Queen Charlotte Islands, with 20 the Interior, instructing him to prey species. Therefore, harvest of percent in reserves and 44 percent reconsider the determination ‘‘on the productive old-growth forest is likely to maintained within the matrix. On basis of the current forest plan, and adversely affect the Queen Charlotte Vancouver Island, considerably less of status of the goshawk and its habitat, as goshawk, and an interagency team of the original old-growth will be they stand today’’ (95 CV 02138 DDC). experts recently concluded that the protected: 13 percent of the old-growth Accordingly, the Service began to goshawk’s abundance has likely is contained within reserves and 23 reconsider the status of the subspecies declined in recent years as a result of percent will be protected in the matrix, on the basis of the 1979 Tongass Land habitat loss. In 1994, the Alaska Region for a total of 36 percent of the total. Management Plan, which was at that of the Forest Service designated the There is insufficient information to time the ‘‘current forest plan.’’ A public Queen Charlotte goshawk as a sensitive predict the effect of removing 64 percent comment period opened on December 5, species, and the Alaska Department of of the old growth forest on goshawk 1996 (61 FR 64497) and was extended Fish and Game designated the abundance on Vancouver Island. through April 4, 1997 (61 FR 69065; 62 subspecies as a ‘‘species of special However, given that 75 percent and 64 FR 6930; and 62 FR 14662) to gather all concern.’’ The Committee on the Status percent of the original productive old available information for review. Prior of Endangered Wildlife in Canada growth forest will remain intact in to a final determination, however, the designated the Queen Charlotte southeast Alaska and the Queen USDA Forest Service issued the 1997 goshawk as ‘‘vulnerable’’ in Canada in Charlotte Islands, respectively, the Tongass Land Management Plan 1995, and the Province of British Service believes with a high degree of Revision, which superseded the 1979 Columbia added the subspecies to their certainty that Queen Charlotte goshawks version of the plan. In keeping with the ‘‘red list’’ of candidates for endangered will persist and do not warrant listing United States District Court’s order that or threatened status. under section 4 of the Endangered a finding be based upon the ‘‘current The Service has identified four factors Species Act. forest plan,’’ the District Court granted associated with timber harvest have Authors: The primary authors of this an extension until August 31, 1997, so been identified as potential threats to document are Ted Swem, Wildlife that the petitioners, public, and Service the subspecies’ persistence. They are Biologist, Fairbanks Ecological Services could reconsider the status of the Queen loss of nesting habitat, a reduction in Office, 907/456–0441, and Teresa Charlotte goshawk under the revised foraging success, increased predation, Woods, Fish and Wildlife Biologist, Tongass Land Management Plan. and a reduction in dispersal and gene 907/786–3505 of the Alaska Regional Therefore, the Service reopened the flow. However, there is little Office. public comment period from June 12 to information on these threats, so July 28, 1997 (62 FR 32070). We based assessment of their effects on goshawks Authority this finding, therefore, upon all at the population level remain largely The authority for this section is the available information on the subspecies speculative. As a result, in evaluating Endangered Species Act (16 U.S.C. 1531 throughout its range, as well as long- the Queen Charlotte goshawk’s status, et seq.). 46712 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

Dated: August 28, 1997. Jamie Rappaport Clark. Director, Fish and Wildlife Service. [FR Doc. 97–23502 Filed 9–3–97; 8:45 am] BILLING CODE 4310±55±P