Tuesday, June 12, 2007 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Revised Designation of Critical Habitat for the Northern Spotted Owl (Strix occidentalis caurina); Proposed Rule VerDate Aug<31>2005 17:24 Jun 11, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12JNP3.SGM 12JNP3 rwilkins on PROD1PC63 with PROPOSALS3 32450 Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules DEPARTMENT OF THE INTERIOR Comments and materials received, as revised designation and, in particular, well as supporting documentation used any impacts on small entities; and the Fish and Wildlife Service in the preparation of this proposed rule, benefits of including or excluding areas will be available for public inspection, that exhibit these impacts; and 50 CFR Part 17 by appointment, during normal business (5) Whether any areas should or hours at the Oregon Fish and Wildlife should not be excluded from the revised RIN 1018–AU37 Office, at the address above; the Western designation under section 4(b)(2) of the Endangered and Threatened Wildlife Washington Fish and Wildlife Office, Act and why; and and Plants; Proposed Revised 510 Desmond Drive SE., Suite 101, (6) Whether our approach to designating critical habitat could be Designation of Critical Habitat for the Lacey, WA 98503; and the Yreka Fish improved or modified in any way to Northern Spotted Owl (Strix and Wildlife Office, 1829 S. Oregon St., provide for greater public participation occidentalis caurina) Yreka, CA 96097. and understanding, or to assist us in FOR FURTHER INFORMATION CONTACT: accommodating public concerns and AGENCY: Fish and Wildlife Service, Kemper McMaster, Field Supervisor, comments. Interior. Oregon Fish and Wildlife Office (see If you wish to comment, you may ACTION: Proposed rule. ADDRESSES) (telephone 503–231–6179); submit your comments and materials Ken Berg, Field Supervisor, Western concerning this proposal by any one of SUMMARY: We, the U.S. Fish and Washington Fish and Wildlife Office several methods (see ADDRESSES Wildlife Service (Service), propose to (see ADDRESSES) (telephone 360–753– revise the critical habitat designation for section). Please submit e-mail comments 9440); or Phillip Detrich, Field to [email protected] in the northern spotted owl (Strix Supervisor, Yreka Fish and Wildlife occidentalis caurina) under the ASCII file format and avoid the use of Office (see ADDRESSES) (telephone 530– special characters or any form of Endangered Species Act of 1973, as 842–5763). People who use a amended (Act). In 1992, we designated encryption. Please also include ‘‘Attn: telecommunications device for the deaf northern spotted owl critical habitat’’ in critical habitat for the northern spotted (TTD) may call the Federal Information owl on 6,887,000 acres (ac) (2,787,070 your e-mail subject header. If you do not Relay Service (FIRS) at 800–877–8339, receive a confirmation from the system hectares (ha)) of Federal lands in 24 hours a day, 7 days a week. California, Oregon, and Washington. In that we have received your message, SUPPLEMENTARY INFORMATION: this document we propose revised contact us directly by calling our critical habitat for the northern spotted Public Comments Solicited Oregon Fish and Wildlife Office at 503– 231–6179. Please note that the e-mail owl on a total of approximately We intend that any final action 5,337,839 acres (ac) (2,160,194 hectares address resulting from this proposal will be as [email protected] will be (ha)) of Federal lands in California, accurate and as effective as possible. Oregon, and Washington. If adopted, closed out at the termination of the Therefore, comments or suggestions public comment period. this action would result in a net from the public, other concerned decrease of approximately 1,549,161 ac Before including your address, phone governmental agencies, the scientific number, e-mail address, or other (626,915 ha) of designated critical community, industry, or any other habitat for the northern spotted owl. personal identifying information in your interested party concerning this comment, you should be aware that DATES: We will accept comments from proposed rule are hereby solicited. your entire comment—including your all interested parties until August 13, Comments particularly are sought personal identifying information—may 2007. We must receive requests for concerning: be made publicly available at any time. public hearings, in writing, at the (1) The reasons why habitat should or While you can ask us in your comment address shown in the ADDRESSES section should not be designated as critical to withhold your personal identifying by July 27, 2007. habitat as provided by section 4 of the information from public review, we ADDRESSES: If you wish to comment, Act (16. U.S.C. 1531 et seq.), including cannot guarantee that we will be able to you may submit your comments and whether the benefit of designation do so. materials concerning this proposal by would outweigh threats to the species any one of several methods: caused by designation such that the Background 1. You may mail or hand-deliver designation of critical habitat is Ecological Considerations written comments and information to prudent; Kemper McMaster, Field Supervisor, (2) Specific information on the Physical Description and Taxonomy U.S. Fish and Wildlife Service, Oregon amount and distribution of northern The northern spotted owl is a Fish and Wildlife Office, 2600 SE 98th spotted owl habitat, what areas should medium-sized owl and the largest of the Ave., Suite 100, Portland, OR 97266. be included in the revised designation three subspecies of spotted owls 2. You may send comments by that were occupied at the time of listing currently recognized by the American electronic mail (e-mail) to that contain the features that are Ornithologists’ Union (Gutie´rrez et al. [email protected]. Please essential for the conservation of the 1995, p. 2). It is dark brown with a see the Public Comments Solicited species and why, and what areas that barred tail and white spots on the head section below for file format and other were not occupied at the time of listing and breast, and has dark brown eyes information about electronic filing. are essential to the conservation of the that are surrounded by prominent facial 3. You may fax your comments to our species and why; disks. The taxonomic separation of Oregon Fish and Wildlife Office at 503– (3) Land use designations and current these three subspecies is supported by 231–6195. or planned activities in the subject areas varied characteristics (reviewed in 4. You may go to the Federal and their possible impacts on proposed Courtney et al. 2004, pp. 3–3 to 3–31), eRulemaking Portal: http:// revised critical habitat; including genetic (Barrowclough and www.regulations.gov. Follow the (4) Any foreseeable economic, Gutie´rrez 1990, p. 739; Barrowclough et instructions provided for submitting national security, or other potential al. 1999, p. 922; Haig et al. 2004b, p. comments. impacts resulting from the proposed 1353; Barrowclough et al. 2005, p. VerDate Aug<31>2005 17:24 Jun 11, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP3.SGM 12JNP3 rwilkins on PROD1PC63 with PROPOSALS3 Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Proposed Rules 32451 1113), morphological (Gutie´rrez et al. areas (Tyee, Klamath, South Oregon area used for foraging during fall and 1995, pp. 2 to 3), behavioral (Van Gelder Cascades, and Hoopa) appear to have winter (Forsman et al. 1984, p. 21; Sisco 2003, p. 30) and biogeographical remained stable through 2003 (Anthony 1990, p. 9), likely in response to information (Barrowclough et al. 1999, et al. 2006, p. 25). A meta-analysis potential depletion of prey in the core p. 928). combining data from all 12 study areas of their home range (Carey et al. 1992, indicates that rangewide the population p. 245; Carey 1995a, p. 649; but see Distribution declined at a rate of about 3.7 percent Rosenberg et al. 1994, pp. 1512 to 1515). The current range of the northern per year from 1985 to 2003. Northern The northern spotted owl shows strong spotted owl extends from southwest spotted owl populations on Federal year-round fidelity to its breeding site, British Columbia through the Cascade lands had better demographic rates than even when not nesting (Solis 1983, pp. Mountains, coastal ranges, and elsewhere, but still declined at a mean 23 to 28; Forsman et al. 1984, pp. 52 to intervening forested lands in annual rate of about 2.4 percent 53) or after natural disturbance alters Washington, Oregon, and California, as (Anthony et al. 2006, pp. 33 to 34). habitat characteristics within the home far south as Marin County, California The barred owl (Strix varia) has range (Bond et al. 2002, pp. 1024 to (USFWS 1990, pp. 13, 60; June 26, recently emerged as a greater threat to 1026). A discussion of northern spotted 1990). The subspecies is listed as the northern spotted owl than was owl home range size and use is included threatened under the Act throughout its previously recognized. The range of the in the Primary Constituent Elements range (55 FR 26114). Within the United barred owl has expanded in recent years section of this proposed rule. States, the northern spotted owl ranges and now completely overlaps that of the Reproductive success of northern across 12 physiographic provinces, northern spotted owl (Crozier et al. spotted owls has been characterized as based on recognized landscape 2006, p. 761). The presence of barred a multi-stage process (Carey and Peeler subdivisions exhibiting different owls has significant negative effects on 1995, p. 236) in which natal dispersal physical and environmental features northern spotted owl reproduction and survival to reproductive age are the (Franklin and Dyrness 1988, pp.