[Federal Register: March 6, 2008 (Volume 73, Number 45)]
[Proposed Rules]
[Page 12067-12068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr08-21]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2008-0033; 92210-1117-0000-B4]
RIN 1018-AU91
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Marbled Murrelet (Brachyramphus marmoratus)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; finding that the revision of critical habitat
should not be made.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), find that
the proposed revision of critical habitat for the marbled murrelet
(Brachyramphus marmoratus) pursuant to the Endangered Species Act of
1973, as amended, (Act), should not be made. On September 12, 2006, (71
FR 53840), we proposed to revise the May 24, 1996, designation of
critical habitat for the marbled murrelet in Washington, Oregon, and
California (61 FR 26256). Under the proposed revision, 3,590,642 acres
(ac) (1,363,300 hectares (ha)) were proposed as critical habitat, with
3,368,950 ac (1,363,300 ha) of these lands proposed for exclusion under
section 4(b)(2) of the Act. Due to uncertainties regarding Bureau of
Land Management (BLM) revisions to its District Resource Management
Plans in western Oregon, we have determined that it is not appropriate
to revise the designation of critical habitat for the marbled murrelet
at this time, as discussed below. Therefore, in accordance with the
provisions of section 4(b)(6)(A)(i)(II) of the Act, we find that the
proposed revision of critical habitat for the marbled murrelet should
not be made. Accordingly, the May 24, 1996, final rule designating
critical habitat for the marbled murrelet remains in effect (61 FR
26256).
FOR FURTHER INFORMATION CONTACT: Ken Berg, Field Supervisor, Western
Washington Field Office, 510 Desmond Drive, SE., Suite 101, Lacey, WA
98503-1273, telephone (360) 753-9440.
SUPPLEMENTARY INFORMATION: The marbled murrelet is a small seabird of
the Alcidae family. The marbled murrelet's breeding range extends from
Bristol Bay, Alaska, south to the Aleutian Archipelago, northeast to
Cook Inlet, Kodiak Island, Kenai Peninsula and Prince William Sound,
south along the coast through the Alexander
[[Page 12068]]
Archipelago of Alaska, British Columbia, Washington, and Oregon to
northern Monterey Bay in central California. Birds winter throughout
the breeding range and also occur in small numbers off southern
California. Marbled murrelets spend most of their lives in the marine
environment where they forage in near-shore areas and consume a
diversity of prey species including small fish and invertebrates. In
their terrestrial environment, the presence of platforms used for
nesting is the most important characteristic of the species nesting
habitat. Marbled murrelet habitat use is positively associated with the
presence and abundance of mature and old-growth forests, large core
areas of old-growth, low amounts of edge and fragmentation, proximity
to the marine environment, and increasing forest age and height.
The marbled murrelet was listed as threatened under the Act on
October 1, 1992, (57 FR 45328), and critical habitat was designated on
May 24, 1996 (61 FR 26256). On September 12, 2006, we proposed to
revise the currently designated critical habitat for the marbled
murrelet in Washington, Oregon, and California. In that proposed
revision, we proposed to designate 3,590,642 acres (ac) (1,363,300
hectares (ha)) as critical habitat, and to exclude 3,368,950 ac
(1,363,300 ha) of these lands under section 4(b)(2) of the Act from the
final designation (71 FR 53838). On June 26, 2007, we published a
notice in the Federal Register reopening the comment period and
announcing the availability of a draft economic analysis on the
proposed revision (72 FR 35025). The comment period was once again
reopened with the publication of a notice in the Federal Register on
September 5, 2007, (72 FR 50929).
Finding
This notice presents our finding pursuant to section
4(b)(6)(A)(i)(II) of the Act that a final regulation to implement the
proposed revision to murrelet critical habitat should not be made at
this time. The basis for this finding is described below.
Background
The Bureau of Land Management (BLM) is currently completing its
Western Oregon Plan Revision (WOPR), which will result in revised
Resource Management Plans for the Salem, Eugene, Coos Bay, Roseburg,
and Medford Districts, and the Klamath Falls Resource Area of the
Lakeview District Office. We are continuing to work cooperatively with
the BLM as they develop their final management plan revisions. We
recognize that the revised management plans will have significant
effects on future conservation of the species. Due to uncertainties
regarding these plan revisions in western Oregon, we have determined
that it is not appropriate to revise the designation of critical
habitat for the marbled murrelet at this time. We will continue to
consider whether revisions of critical habitat for the marbled murrelet
may be appropriate at some future point. Accordingly, the May 24, 1996,
final rule designating critical habitat for the marbled murrelet
remains in effect (61 FR 26256).
On April 8, 2002, the American Forest Resource Council (AFRC) filed
a lawsuit in the case of AFRC et al. v. Secretary of the Interior, Civ.
No. 02-06087 AA (D. OR) challenging the marbled murrelet critical
habitat designation that was made on May 24, 1996 (61 FR 26256). The
Service entered into a settlement agreement to review the critical
habitat designation and make any revisions it deemed appropriate, after
a revised consideration of economic and any other relevant impacts of
designation. Pursuant to the settlement agreement, the Service
published a proposed revision to critical habitat for the marbled
murrelet on September 12, 2006 (71 FR 53838), which included minor
adjustments to the original designation and proposed several exclusions
under section 4(b)(2) of the Act. The Service also developed an
economic analysis that was consistent with New Mexico Cattle Growers
Association v. USFWS, 248 F.3d 1277 (10th Cir. 2001), but because of
the reasons discussed above, the Service will not be relying on this
analysis to finalize critical habitat at this time. The above actions
and the publication of this Federal Register notice complete the
Service's obligations under the settlement agreement.
In summary, due to the uncertainty regarding the effects of current
BLM Resource Management Plan revisions, we find that it is not
appropriate to revise critical habitat at this time, and therefore that
the proposed revision of critical habitat for the marbled murrelet
should not be made. Accordingly, the May 24, 1996, final rule
designating critical habitat for the marbled murrelet remains in effect
(61 FR 26256).
Author(s)
The authors of this document are the staff of the Pacific Regional
Office, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: February 27, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-4318 Filed 3-5-08; 8:45 am]
BILLING CODE 4310-55-P