[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Proposed Rules]
[Pages 27010-27012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11059]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2011-0112; 4500030114]
RIN 1018-AX69
Endangered and Threatened Wildlife and Plants; Revised Critical
Habitat for the Northern Spotted Owl
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; extension of public comment period; announcement
of public meetings and public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), recently
published a proposal to revise the designated critical habitat for the
northern spotted owl (Strix occidentalis caurina), and announced the
opening of a public comment period on the proposed revised rule through
June 6, 2012. We now extend the public comment period to July 6, 2012.
We are extending the public comment period to allow all interested
parties an opportunity to comment simultaneously on the proposed
revised rule and the soon-to-be-released draft economic analysis and
draft environmental assessment on the proposed rule. Comments
previously submitted need not be resubmitted and will be fully
considered in preparation of the final rule. We also announce a public
hearing and public information meetings on our proposed revised rule
and associated documents.
DATES: Written Comments: The public comment period on the proposal to
revise critical habitat for the northern spotted owl is extended to
July 6, 2012. Please note comments submitted electronically using the
Federal eRulemaking Portal (see ADDRESSES section, below) must be
received by 11:59 p.m. Eastern Time on the closing date. If you are
submitting your comments by hard copy, please mail them by July 6,
2012, to ensure that we receive them in time to give them full
consideration.
Public Information Meetings: We will hold five public information
meetings at the following locations and times:
Redding, California, on June 4, 2012, from 3 p.m. to 5
p.m., and from 6 p.m. to 8 p.m.;
Tacoma, Washington, on June 12, 2012, from 3 p.m. to 5
p.m., and from 6 p.m. to 8 p.m.;
Portland, Oregon, on June 20, 2012, from 2 p.m. to 4 p.m.
This meeting will precede the public hearing at the same location and
on the same date.
Public Hearing: We will hold a public hearing in Portland, Oregon,
on Wednesday, June 20, 2012, from 6 p.m. to 8 p.m.
ADDRESSES: Written Comments: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for Docket No. FWS-R1-ES-2011-0112, which
is the docket number for this rulemaking, and follow the directions for
submitting a comment.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R1-ES-2011-0112; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
(3) At public information meetings or the public hearing: Written
comments will be accepted by Service personnel at any of the five
scheduled public meetings or the public hearing. We will post all
comments received on http://www.regulations.gov. This generally means
that we will post any personal information you provide us (see the
Public Comments section below for more information).
Public Hearing: We will hold the public hearing in Room C-120 at
the Oregon Convention Center, 777 NE Martin Luther King Blvd.,
Portland, Oregon; 503-235-7575.
Public Meetings: Public information meetings will be held at:
University of Washington, Tacoma Campus, 1900 Commerce
St., Jane Russell Commons, Tacoma, Washington; 253-692-4306;
Redding Convention Center, 700 Auditorium Drive Redding,
California 96001; 530-229-0036;
Oregon Convention Center, Room C-120, 777 NE Martin Luther
King Blvd., Portland, Oregon; 503-235-7575.
FOR FURTHER INFORMATION CONTACT: Paul Henson, Field Supervisor, U.S.
Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE
98th Ave., Suite 100, Portland, Oregon 97266; telephone 503-231-6179;
facsimile 503-231-6195. If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Publication of Proposal To Revise Critical Habitat
The U.S. Fish and Wildlife Service (Service) has proposed to revise
the designated critical habitat for the northern spotted owl (Strix
occidentalis caurina) under the Endangered Species Act of 1973, as
amended (Act). The proposed rule was published in the Federal Register
on March 8, 2012 (77 FR 14062), and is available online at
www.regulations.gov and at http://www.gpo.gov/fdsys/pkg/FR-2012-03-08/pdf/2012-5042.pdf. Consistent with the best scientific data available,
the standards of the Act, and our regulations, we have initially
identified, for public comment, approximately 13,962,449 acres (ac)
(5,649,660 hectares (ha)) in 11 units and 63 subunits in California,
Oregon, and Washington that
[[Page 27011]]
meet the definition of critical habitat. In addition, the Act provides
the Secretary with the discretion to exclude certain areas from the
final designation after taking into consideration economic impacts,
impacts on national security, and any other relevant impacts of
specifying any particular area as critical habitat. We have identified,
and are considering, a number of specific alternatives in this proposed
rulemaking based on potential exclusions from the final rule. First, of
the total area identified, we propose to exclude from the final
designation approximately 2,631,736 ac (1,065,026 ha) of National Park
lands, Federal Wilderness Areas, and other Congressionally reserved
natural areas, as well as 164,776 ac (66,682 ha) of State Park lands.
Second, we propose to exclude from a final designation approximately
936,816 ac (379,116 ha) of State and private lands that have a Habitat
Conservation Plan, Safe Harbor Agreement, conservation easement, or
similar conservation protection. And third, we are considering
exclusion of an additional 838,344 ac (339,266 ha) of other non-Federal
lands from the final designation.
These specific alternatives will be considered on an individual
basis or in any combination thereof. In addition, the final designation
may not be limited to these alternatives, but may also consider other
exclusions as a result of continuing analysis of relevant
considerations (scientific, economic, and other relevant factors, as
required by the Act) and the public comment process. In particular, we
solicit comments from the public on the physical and biological
features currently identified in this proposal as being essential for
the conservation of the species, whether all of the areas identified
meet the definition of critical habitat, whether other areas would meet
that definition, whether to make the specific exclusions we have
proposed, and whether there are other areas that are appropriate for
exclusion.
Forthcoming Publication of the Draft Economic Analysis and Draft
Environmental Assessment
We are preparing an economic analysis to assess the economic
impacts of the proposed critical habitat and related factors, as
required in section 4(b)(2) of the Act. In addition, we are preparing,
at our discretion, an environmental assessment under the National
Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. We anticipate
announcing the availability of both of these documents in the Federal
Register and on our Web site (http://www.fws.gov/oregonfwo/--click on
the link ``Spotted Owl Main Information Site'') on or about May 24,
2012. At that time we will seek public review and comment. Copies of
the draft economic analysis and draft environmental assessment will be
available for downloading from our Web site (http://www.fws.gov/oregonfwo/--click on the link ``Spotted Owl Main Information Site'') or
by contacting the Oregon Fish and Wildlife Office directly (see FOR
FURTHER INFORMATION CONTACT section). In addition, the draft economic
analysis and draft environmental assessment will be available for
downloading from the Internet at http://www.regulations.gov (see
ADDRESSES, above). During the development of a final designation, we
will consider economic and other relevant impacts, public comments, and
other new information, as well as areas that may be excluded from the
final critical habitat designation under section 4(b)(2) of the Act and
our implementing regulations at 50 CFR 424.19.
Public Comment
We intend that any final action resulting from this proposed
revised rule will be based on the best scientific and commercial data
available and be as accurate and as effective as possible. Therefore,
we request comments or information from other concerned government
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule. We particularly seek comments
concerning:
(1) Specific information regarding:
(a) The amount and distribution of northern spotted owl habitat;
(b) What areas were occupied at the time of listing and contain
features essential to the conservation of the species such that they
should be included in the designation and why;
(c) Whether these essential features may require special management
considerations or protection and what special management considerations
or protection may be needed in critical habitat areas we are proposing;
(d) What areas not occupied at the time of listing are essential
for the conservation of the species and why;
(e) Whether we have identified any areas occupied at the time of
listing, but that do not contain features essential to the conservation
of the species, and that therefore should not be included in the
designation; and
(f) Whether we have identified any areas that may not have been
occupied at the time of listing and that are not essential to the
conservation of the species, such that they should not be included in
the designation.
(2) Land-use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
(3) Our proposed approach to effects determinations for the
purposes of conducting consultation under section 7(a)(2) of the Act,
in particular the application of a 500-ac (200-ha) scale as a screen
for a determination of not likely to adversely affect, as described in
the section ``Determinations of Adverse Effects and Application of the
`Adverse Modification' Standard.''
(4) Assistance in the identification of any private lands that are
not expressly identified as intended for inclusion within critical
habitat and that may have inadvertently been included within the
designation, due to mapping and modeling limitations, as described in
the section ``Proposed Revised Critical Habitat Designation.''
(5) Information on the potential impacts of climate change on the
northern spotted owl and proposed critical habitat, and whether special
management needs or protections may be needed to address this issue in
the critical habitat areas we are proposing.
(6) Any probable economic, national security, or other relevant
impacts of designating any area as critical habitat, and in particular,
any impacts on small entities, and the benefits of including or
excluding areas that exhibit these impacts. We particularly request
information and comments on what activities may occur and the effects
to those activities in the proposed revised critical habitat areas.
Such information could include:
(a) The extent of possible activities, including temporal and
spatial scale, relative to the critical habitat area within which they
occur.
(b) The impact of possible activities on the habitat's likelihood
of serving its intended conservation function or purpose.
(c) The consistency of possible activities with the intent of the
Revised Recovery Plan for the Northern Spotted Owl or other landscape-
level conservation plans.
(7) Whether the benefits of excluding the private and State lands
with active conservation agreements (HCPs, SHAs, and other formal
agreements) and Congressionally reserved natural areas (e.g.,
wilderness areas, national scenic areas, national parks) that are
proposed for exclusion outweigh the benefits of including them in
critical habitat.
(8) Whether the benefits of excluding any other particular area
from critical habitat outweigh the benefits of including that area in
critical habitat under section 4(b)(2) of the Act, after
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considering both the potential impacts and benefits of the proposed
revised critical habitat designation. We are considering the possible
exclusion of non-Federal lands, especially areas in private ownership,
in particular, and whether the benefits of exclusion may outweigh the
benefits of inclusion of those areas. We, therefore, request specific
information on:
(a) The benefits of including any specific areas in the final
designation and supporting rationale.
(b) The benefits of excluding any specific areas from the final
designation and supporting rationale.
(c) Whether any specific exclusions may result in the extinction of
the species and why.
(d) For private lands in particular, we are interested in
information regarding the potential benefits of including private lands
in critical habitat versus the benefits of excluding such lands from
critical habitat. This information does not need to include a detailed
technical analysis of the potential effects of designated critical
habitat on private property. In weighing the potential benefits of
exclusion versus inclusion of private lands, the Service may consider
whether existing partnership agreements provide for the management of
spotted owl habitat. We may consider, for example, the status of
conservation efforts, the effectiveness of any conservation agreements
to conserve the species, and the likelihood of the conservation
agreement's future implementation. There may be broad public benefits
of encouraging collaborative efforts and encouraging local and private
conservation efforts, and these broad benefits are important
considerations in our evaluation.
(9) Our process used for identifying those areas that meet the
definition of critical habitat for the northern spotted owl, including
the assumptions incorporated into the habitat modeling process, as
described more fully in the section ``Criteria Used to Identify
Critical Habitat'' and also in our supporting documentation (Dunk et
al. 2012).
(10) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
(11) Specific information on ways to improve the clarity of this
rule as it pertains to completion of consultations under section 7 of
the Act.
Our final determination concerning revised critical habitat for the
northern spotted owl will take into consideration all written comments
we receive during all comment periods, comments from peer reviewers,
comments received during the public meetings, comments and public
testimony received during the public hearing, and any additional
information we receive in response to the forthcoming notice of
availability of the draft economic analysis and draft environmental
assessment. The comments will be included in the public record for this
rulemaking, and we will fully consider them in the preparation of our
final determination. On the basis of peer reviewer and public comments,
as well as any new information we may receive, we may, during the
development of our final determination, find that areas within the
proposed designation do not meet the definition of critical habitat,
that some modifications to the described boundaries are appropriate, or
that areas may or may not be appropriate for exclusion under section
4(b)(2) of the Act.
If you previously submitted comments or information on this
proposed rule, please do not resubmit them. We will incorporate them
into the public record as part of this comment period, and will fully
consider them in the preparation of our final determination.
You may submit your written comments and materials concerning this
proposed rule by one of the methods listed in the ADDRESSES section.
Verbal testimony may also be presented during the public hearing (see
DATES and ADDRESSES sections). We will post your entire comment--
including your personal identifying information--on http://www.regulations.gov. If you submit your comment via U.S. mail, you may
request at the top of your document that we withhold personal
information such as your street address, phone number, or email address
from public review; however, we cannot guarantee that we will be able
to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Oregon Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Public Information Meetings and Public Hearing
We are holding five public information meetings and one public
hearing on the dates listed in the DATES section at the locations
listed in the ADDRESSES section. We are holding the public hearing to
provide interested parties an opportunity to present verbal testimony
(formal, oral comments) or written comments regarding the proposed
critical habitat designation and the soon-to-be-released associated
draft economic analysis and draft environmental assessment. A formal
public hearing is not, however, an opportunity for dialogue with the
Service or its contractors; it is only a forum for accepting formal
verbal testimony. In contrast to the hearing, the public information
meetings allow the public the opportunity to interact with Service
staff and contractors, who will be available to provide information and
address questions on the proposed rule and its associated assessments.
We cannot accept verbal testimony at any of the public information
meetings; verbal testimony can only be accepted at the public hearing.
Anyone wishing to make an oral statement at the public hearing for the
record is encouraged to provide a written copy of their statement to us
at the hearing. In the event there is a large attendance, the time
allotted for oral statements may be limited. Speakers can sign up at
the hearing if they desire to make an oral statement. Oral and written
statements receive equal consideration. There are no limits on the
length of written comments submitted to us.
Persons with disabilities needing reasonable accommodations to
participate in the public hearing or public meetings should contact
Paul Henson, Field Supervisor, Oregon Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT). Reasonable accommodation requests should
be received at least 3 business days prior to the meeting or hearing to
help ensure availability; at least 2 weeks prior notice is requested
for American sign language or English as a second language interpreter
needs.
Authors
The primary authors of this notice are the staff of the Oregon Fish
and Wildlife 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: May 1, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-11059 Filed 5-7-12; 8:45 am]
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