Wednesday, August 13, 2008 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl; Final Rule VerDate Aug<31>2005 17:05 Aug 12, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13AUR2.SGM 13AUR2 rwilkins on PROD1PC63 with RULES_2 47326 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations DEPARTMENT OF THE INTERIOR Background habitat designation in the westside It is our intent to discuss only those provinces. The landscape management Fish and Wildlife Service topics directly relevant to the revised approach for the eastside provinces, designation of critical habitat in this identified in the 2008 final recovery 50 CFR Part 17 rule. For more information on the plan (USFWS 2008) and by the northern spotted owl and critical Sustainable Ecosystems Institute (SEI) [FWS-R1-ES-2008–0051; 92210-1117-0000- Scientific Panel (SEI 2008) as the most FY08-B4] habitat, please refer to the proposed rule published in the Federal Register on effective approach for managing RIN 1018-AU37 June 12, 2007 (72 FR 32450). northern spotted owl habitat in dry Prior and subsequent to the listing of forests, was not incorporated into this Endangered and Threatened Wildlife the northern spotted owl in 1990 (55 FR rule because it cannot be translated into and Plants; Revised Designation of 26114), many committees, task forces, critical habitat at this time, until the Critical Habitat for the Northern and work groups were formed to new approach called for by the recovery Spotted Owl develop conservation strategies for the plan is further defined. In the eastside northern spotted owl. Information on provinces the areas identified for AGENCY: Fish and Wildlife Service, designation in the proposed critical Interior. these efforts can be found in the proposed critical habitat rule (72 FR habitat (72 FR 32450), based on the ACTION: Final rule. 32450). We recently released the final Option 1 MOCAs in the 2007 draft Recovery Plan for the Northern Spotted recovery plan, are finalized in this rule. SUMMARY: We, the U.S. Fish and These MOCAs represent the most Owl (USFWS 2008), which incorporates Wildlife Service (Service), are revising current delineation of specific areas that the best available scientific information currently designated critical habitat for provide the physical and biological regarding the conservation of the the northern spotted owl (Strix features essential to the conservation of northern spotted owl. The final recovery occidentalis caurina) under the the northern spotted owl in that region, plan recommends a the network of Endangered Species Act of 1973, as as required by our regulations at 50 CFR habitat blocks, or managed owl amended (Act). In 1992, we designated 424.12. critical habitat for the northern spotted conservation areas (MOCAs), in the Here we provide detailed background owl on 6, 887, 000 acres (ac) (2, 787, 070 westside provinces in the range of the information on this most recent hectares (ha)) of Federal lands in northern spotted owl, and a broader recovery planning process, as California, Oregon, and Washington. In landscape-based habitat management understanding the science and strategy this document we finalize revised approach (without MOCAs) for the dry behind the habitat network critical habitat for the northern spotted forest eastside provinces in Washington recommended in the recovery plan is owl on a total of approximately 5, 312, and Oregon. The westside provinces integral to understanding the revised 300 acres (ac) (2, 149, 800 hectares (ha)) include the Olympic Peninsula, Western critical habitat designation. of Federal lands in California, Oregon, Washington Lowlands, Western and Washington. Washington Cascades, Oregon Coast 2006 to 2008 Recovery Planning Process for the Northern Spotted Owl DATES: This rule becomes effective on Range, Willamette Valley, Western September 12, 2008. Oregon Cascades, and California Coast. In April 2006, we convened an The Willamette Valley and Western interdisciplinary, interagency Northern ADDRESSES: This final rule and its Washington Lowland provinces are associated economic analysis are Spotted Owl Recovery Team (Recovery excluded from the MOCA network available on the Internet at http:// Team) to incorporate the most recent because, given their low population scientific information into a final www.regulations.gov and http:// numbers and isolation from other recovery plan for the species. The www.fws.gov/oregonfwo/species/. populations, the recovery plan assumed Recovery Team sought input from Supporting documentation we used in that these areas could not play an northern spotted owl experts on the preparing this final rule will be essential role in the recovery of the main threats to the northern spotted owl available for public inspection, by species (USFWS 2008, pp. 14 to 15). population; these experts identified appointment, during normal business The Oregon Klamath and California three primary threats to the species: hours, at the U.S. Fish and Wildlife Klamath are currently included in the competition from barred owls, past Service, Oregon Fish and Wildlife MOCA network of the westside habitat loss, and current habitat loss. Office, 2600 SE 98th Ave, Suite 100, provinces; however, the recovery plan The Draft Recovery Plan for the Portland, OR 97266; telephone 503-231- notes that this is an interim strategy for Northern Spotted Owl was released in 6179; facsimile 503-231-6195. the complex habitat in these provinces April 2007 (72 FR 20865). Following a FOR FURTHER INFORMATION CONTACT: Paul (USFWS 2008, p. 24), which are also 90–day public comment period and a Henson, Field Supervisor, Oregon Fish largely considered fire-prone similar to series of public meetings in California, and Wildlife Office, (see ADDRESSES); the eastside provinces. Hence when we Oregon, and Washington, we received Ken Berg, Field Supervisor, Western refer to the ‘‘fire-prone’’ provinces, we more than 75, 000 public comments. In Washington Fish and Wildlife Office, include the Oregon Klamath and addition, we collaborated with the 510 Desmond Drive, Lacey, WA 98503 California Klamath with the dry forest American Ornithologists’ Union and the (telephone 360-753-9440); Michael eastside provinces. The eastside Society for Conservation Biology to Long, Field Supervisor, Arcata Fish and provinces refer to the Eastern conduct two sets of blind peer reviews, Wildlife Office, 1655 Heindon Road, Washington Cascades, Eastern Oregon and requested and received additional Arcata, CA 95521 (telephone 707-822- Cascades, and California Cascades. independent peer reviews of the 2007 7201). Persons who use a We believe the recovery strategy draft recovery plan from scientists with telecommunications device for the deaf described in the final recovery plan will expertise regarding the northern spotted (TTD) may call the Federal Information be effective, and therefore the MOCAs owl and its habitat. We initiated the Relay Service (FIRS) at 800-877-8339, 24 delineated in that plan and identified as revisions to the draft recovery plan in hours a day, 7 days a week. essential to the conservation of the October 2007, and contracted a SUPPLEMENTARY INFORMATION: species serve as the basis for this critical consultant, SEI, to assist with review of VerDate Aug<31>2005 17:05 Aug 12, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\13AUR2.SGM 13AUR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 47327 the science and peer review comments 9, p. 14, Appendices C and D). The preclude the long-term persistence and on the recovery plan, and convened recovery plan recognized the need for effectiveness of any static habitat expert panel workgroups on barred an adaptive management approach in management areas (Agee 2003; Spies et owls, habitat issues, and fire ecology to the Klamath provinces, but recommends al. 2006). An independent scientific evaluate and respond to technical issues a MOCA network for these provinces as panel advised that a simple reserve and to evaluate the recommendations of an interim strategy that isexpected to network of MOCAs failed to adequately SEI. The final recovery plan, change following the work of the Dry address the eastside fire threats and the substantially revised from the original Forest Landscape Workgroup (USFWS maintenance of spotted owl habitat in draft, was released in May 2008. 2008, p. 24). dry forests cannot rely on static reserves Revisions from the draft recovery plan The MOCA network is a set of large in such a high-risk landscape (USFWS included the elimination of Option 2, habitat blocks, each capable of 2008, p. 108; see also Courtney et al. the ‘‘rule set’’ option for siting of supporting 20 or more breeding pairs of 2008, pp. 53 to 72). Consequently, in the conservation areas, as well as the owls (MOCA 1s), and smaller habitat Eastern Washington Cascades, Eastern addition of more recent modeling work blocks capable of supporting up to 19 Oregon Cascades, and California to evaluate the size and spacing criteria breeding pairs of owls (MOCA 2s). The Cascades provinces, the 2008 final of the recommended reserve network. MOCA strategy is founded on the recovery plan describes a habitat The final recovery plan identifies concepts and information first presented management strategy that seeks to competition with the barred owl, in ‘‘A Conservation Strategy for the identify and maintain well-distributed, ongoing loss of suitable habitat as a Northern Spotted Owl, compiled by the spatially dynamic patches of high result of timber harvest and catastrophic Interagency Scientific Committee to quality habitat, manage the lands fire, and loss of amount and distribution Address the Conservation of the outside of high quality patches to of suitable habitat as a result of past Northern Spotted Owl’’ (hereafter ‘‘ISC restore ecological processes and activities and disturbances as the most Report’’; Thomas et al.