Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for the Northern Spotted Owl, 71875-72068 [2012-28714]
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Vol. 77
Tuesday,
No. 233
December 4, 2012
Part II
Department of the Interior
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Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Revised
Critical Habitat for the Northern Spotted Owl; Final Rule
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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R1–ES–2011–0112; 4500030114]
RIN 1018–AX69
Endangered and Threatened Wildlife
and Plants; Designation of Revised
Critical Habitat for the Northern
Spotted Owl
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, designate revised
critical habitat for the northern spotted
owl (Strix occidentalis caurina) under
the Endangered Species Act. In total,
approximately 9,577,969 acres (ac)
(3,876,064 hectares (ha)) in 11 units and
60 subunits in California, Oregon, and
Washington fall within the boundaries
of the critical habitat designation.
DATES: The rule becomes effective on
January 3, 2013.
ADDRESSES: The final rule and the
associated economic analysis and
environmental assessment are available
on the Internet at https://
www.regulations.gov at Docket No.
FWS–R1–ES–2011–0112. Comments
and materials received, as well as
supporting documentation used in
preparing this final rule, are available
for public inspection, by appointment,
during normal business hours, at the
U.S. Fish and Wildlife Service, Oregon
Fish and Wildlife Office, 2600 SE. 98th
Ave., Suite 100, Portland, OR 97266;
telephone 503–231–6179; facsimile
503–231–6195.
The coordinates or plot points or both
from which the maps are generated are
included in the administrative record
for this critical habitat designation and
are available at https://www.fws.gov/
oregonfwo, at https://
www.regulations.gov at Docket No.
FWS–R1–ES–2011–0112, and at the
Oregon Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT). The
additional tools and supporting
information that we developed for this
critical habitat designation are available
at the Fish and Wildlife Service Web
site and Field Office set out above and
at https://www.regulations.gov.
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, OR 97266;
telephone 503–231–6179; facsimile
503–231–6195. If you use a
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SUMMARY:
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Organization of the Final Rule
This final rule describes the revised
critical habitat designation for the
northern spotted owl under the
Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.).
The pages that follow summarize the
comments and information received in
response to the proposed designation
published on March 8, 2012 (77 FR
14062), and in response to the notice of
availability of the draft economic
analysis and draft environmental
assessment of the proposed revised
designation published on June 1, 2012
(77 FR 32483), describe any changes
from the proposed rule, and detail the
final designation for the northern
spotted owl. To assist the reader, the
content of the document is organized as
follows:
I. Executive Summary
II. Background
Introduction
An Ecosystem-Based Approach to the
Conservation of the Northern Spotted
Owl and Managing Its Critical Habitat
Critical Habitat and the Northwest Forest
Plan
Forest Management Activities in Northern
Spotted Owl Critical Habitat
Research and Adaptive Management
The Biology and Ecology of the Northern
Spotted Owl
III. Previous Federal Actions
IV. Changes From the Proposed Rule
V. Changes From Previously Designated
Critical Habitat
VI. Critical Habitat
Background
Physical or Biological Features
Physical Influences Related to Features
Essential to the Northern Spotted Owl
Biological Influences Related to Features
Essential to the Northern Spotted Owl
Physical or Biological Features by LifeHistory Function
Primary Constituent Elements for the
Northern Spotted Owl
Special Management Considerations or
Protection
VII. Criteria Used To Identify Critical Habitat
Occupied Areas
Summary of Determination of Areas That
Are Essential
Unoccupied Areas
VIII. Final Critical Habitat Designation
IX. Effects of Critical Habitat Designation
Section 7 Consultation
Determinations of Adverse Effects and
Application of the ‘‘Adverse
Modification’’ Standard
Section 7 Process Under This Critical
Habitat Rule
X. Exemptions
XI. Exclusions
XII. Summary of Comments and Responses
Comments From Peer Reviewers
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Comments From Federal Agencies
Comments From State Agencies
Comments From Counties
Public Comments
Economic Analysis Comments
Environmental Assessment Comments
XIII. Required Determinations
Regulatory Planning and Review—
Executive Order 12866/13563
Regulatory Flexibility Act (5 U.S.C. 601 et
seq.)
Energy Supply, Distribution, or Use—
Executive Order 13211
Unfunded Mandates Reform Act (2 U.S.C.
1501 et seq.)
Takings—Executive Order 12630
Federalism—Executive Order 13132
Civil Justice Reform—Executive Order
12988
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
Government-to-Government Relationship
With Tribes
XIV. References Cited
Regulation Promulgation
I. Executive Summary
Why we need to publish a rule. This
is a final rule to designate revised
critical habitat for the northern spotted
owl. Under the Endangered Species Act
of 1973, as amended (Act), designations
and revisions of critical habitat can only
be completed through rulemaking.
We, the U.S. Fish and Wildlife
Service (Service), listed the northern
spotted owl as threatened on June 26,
1990 (55 FR 26114), because of
widespread loss of habitat across its
range and the inadequacy of existing
regulatory mechanisms to conserve it.
We previously designated critical
habitat for the northern spotted owl in
1992 and 2008. The 2008 designation
(73 FR 47326, August 13, 2008) was
subsequently challenged in court. In
July 2009, the Federal Government
requested voluntary remand of the 2008
revised critical habitat designation. On
March 8, 2012, we published in the
Federal Register a revised proposed
critical habitat designation for the
northern spotted owl (77 FR 14062).
This rule complies with the courtordered deadline to submit a final
revised critical habitat rule for the
northern spotted owl to the Federal
Register by November 21, 2012.
Section 4(b)(2) of the Act states that
the Secretary shall designate critical
habitat on the basis of the best available
scientific data after taking into
consideration the economic impact,
national security impact, and any other
relevant impact of specifying any
particular area as critical habitat. The
critical habitat areas we are designating
in this rule constitute our current best
assessment of the areas that meet the
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definition of critical habitat for the
northern spotted owl.
The rule revises our designation of
critical habitat in Washington, Oregon,
and California. Consistent with the best
scientific data available, the standards
of the Act and our regulations, we are
designating 9,577,969 ac (3,876,064 ha)
in 11 units and 60 subunits in
California, Oregon, and Washington that
meet the definition of critical habitat.
The approximate totals by State and
comparison to previous designations are
outlined below, as follows (note some
units and subunits overlap State
boundaries; therefore, totals do not add
up to 11 units and 60 subunits):
• Approximately 2,918,067 ac
(1,180,898 ha) in 4 units and 26
subunits in Washington.
• Approximately 4,557,852 ac
(1,844,496 ha) in 8 units and 58
subunits in Oregon.
• Approximately 2,102,050 ac
(850,669 ha) in 5 units and 36 subunits
in California.
• This designation increases
previously designated critical habitat,
including the addition of 272,026 ac
(110,085 ha) ac of State lands. However,
this final critical habitat designation is
a decrease from the 13,962,449 ac
(5,649,660 ha) identified as meeting the
definition of critical habitat in the
March 8, 2012 (77 FR 14062) proposed
rule.
• We have also excluded areas of
State and private land from this
designation of critical habitat under
section 4(b)(2) of the Act, as explained
in the Exclusions section of this rule.
The Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011;
hereafter ‘‘Revised Recovery Plan’’)
recommends that land managers: (1)
conserve older forest, high-value
habitat, and areas occupied by northern
spotted owls; and (2) actively manage
forests to restore ecosystem health in
many parts of the species’ range. In
developing this critical habitat
designation, we also recognize the
importance of the Northwest Forest Plan
(NWFP) and its land management
strategy for conservation of native
species associated with old-growth and
late-successional forest, including the
northern spotted owl. The designation
of areas as critical habitat does not
change land use allocations or
Standards and Guidelines for
management under the NWFP, nor does
this rule establish any management plan
or prescriptions for the management of
critical habitat. However, we encourage
land managers to consider
implementation of forest management
practices recommended in the Revised
Recovery Plan to restore natural
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ecological processes where they have
been disrupted or suppressed (e.g.,
natural fire regimes), and application of
‘‘ecological forestry’’ management
practices (e.g., Gustafsson et al. 2012,
entire; Franklin et al. 2007, entire;
Kuuluvian and Grenfell et al. 2012
entire) within critical habitat to reduce
the potential for adverse impacts
associated with commercial timber
harvest when such harvest is planned
within or adjacent to critical habitat. In
sum, the Service encourages land
managers to consider the conservation
of existing high-quality northern spotted
owl habitat, the restoration of forest
ecosystem health, and the ecological
forestry management practices
recommended in the Revised Recovery
Plan that are compatible with both the
goals of northern spotted owl recovery
and Standards and Guidelines of the
NWFP.
The basis for our action. This final
critical habitat designation is based on
the current status and recent scientific
research on northern spotted owl
populations. We used the best scientific
information available to identify those
specific areas within the geographical
area occupied by the species at the time
it was listed on which are found those
physical or biological features essential
to the conservation of the species, and
which may require special management
considerations or protection. For the
northern spotted owl, these features
include particular forest types that are
used or likely to be used by northern
spotted owls for nesting, roosting,
foraging, or dispersing habitat. In
addition, we used the best available
information to identify those areas that
are otherwise determined to be essential
to the conservation of the species.
We relied on the recovery criteria set
forth in the Revised Recovery Plan for
the Northern Spotted Owl (USFWS
2011) to determine what is essential to
the conservation of the species;
therefore we have identified a habitat
network that meets the following
criteria:
• Ensures sufficient habitat to support
stable, healthy populations across the
range, and also within each of the 11
recovery units;
• Ensures distribution of northern
spotted owl populations across the
range of habitat conditions used by the
species;
• Incorporates uncertainty, including
potential effects of barred owls, climate
change, and wildfire disturbance risk;
and
• Recognizes that these protections
are meant to work in concert with other
recovery actions, such as barred owl
management.
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To assist us in determining critical
habitat, we integrated habitat and
demographic information (relating to
occupancy, survival, reproduction, and
movement) to develop a modeling tool
that assesses the distribution of habitat
quality and population dynamics across
the range, and provides a more accurate
picture of where high-quality northern
spotted owl habitat exists. This model
synthesized more than 20 years of data
from on-the-ground demographic
surveys, and allowed for analysis of
how northern spotted owl populations
would fare under different habitat
conservation scenarios. We determined
what is essential to recovery of the
northern spotted owl by evaluating the
performance of each potential critical
habitat scenario considered against the
recovery needs of the owl.
Peer reviewers support our methods.
We solicited expert opinions from
knowledgeable individuals with
scientific expertise that included
familiarity with the species, the
geographic region in which the species
occurs, and conservation biology
principles. These peer reviewers
generally concurred with our methods
and conclusions and provided
additional information, clarifications,
and suggestions to improve this final
rule.
Consistency with Presidential
Directive. On February 28, 2012, the
President issued a memorandum to the
Secretary of the Interior regarding the
proposed revised critical habitat for the
northern spotted owl, specifically on
minimizing regulatory burdens. The
Service has fully addressed each of the
directives in this memo and has taken
steps to comply with this directive,
including:
• We conducted and completed, as is
the Service’s normal practice, an
economic analysis on the probable
impacts of the proposed revised
critical habitat.
• We provided a description of
ecological forestry management
actions that may be compatible with
both northern spotted owl recovery
and timber harvest, as
recommended in the Revised
Recovery Plan for the Northern
Spotted Owl. This discussion
appears in the following sections of
this rule:
Æ An Ecosystem-based Approach to
the Conservation of the Northern
Spotted Owl and Managing Its
Critical Habitat
Æ Special Management
Considerations or Protection
Æ Determination of Adverse Effects
and Application of the ‘‘Adverse
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Modification’’ Standard.
We note, however, that this discussion
of ecological forestry is provided to
Federal, State, local and private land
managers, as well as the public, for their
consideration as they make decisions on
the management of forest land under
their jurisdictions and through their
normal processes. This critical habitat
rule itself does not take any action or
adopt any policy, plan, or program in
relation to active forest management.
• As per the Service’s normal
practice, we solicited public review and
comment on this rulemaking action,
using information thus gained to correct
and refine our designation.
• We fully considered exclusion of
private lands and State lands from the
final revised critical habitat, consistent
with the best available scientific and
commercial information.
The Service appreciates, and is
sensitive to, the potential for regulatory
burden that may result from our
designation of critical habitat for the
northern spotted owl under the Act. Our
analysis indicated that the revision of
critical habitat could have relatively
little incremental effect above and
beyond the conservation measures
already required as a result of its
threatened species status under the Act,
and thus is not expected to impose
substantial additional regulatory
burdens. The Service appreciates, and
relies on the many partners we have in
conservation, including private
landowners, Tribes, States, and local
governments, and strongly desires to
promote conservation partnerships to
conserve, protect, and enhance fish,
wildlife, plants, and their habitats for
the continuing benefit of the American
people.
Costs and benefits. In order to identify
and analyze the potential economic
impacts of the designation of critical
habitat for the northern spotted owl, we
worked with a contractor to draft an
economic analysis report, which was
released in May of 2012 and finalized
following consideration and
incorporation of public comment. The
report looked at a variety of economic
activities including timber harvest,
wildlife management, road construction,
and other forest management activities,
but focused primarily on timber
management. It concludes that only a
relatively small portion of the overall
proposed revised designation may result
in more than minor incremental
administrative costs. It found that
potential incremental changes in timber
harvests on Bureau of Land
Management and U.S. Forest Service
lands may occur on approximately
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1,449,534 ac (585,612 ha) proposed for
designation, or 10 percent of the total
lands included in the proposed
designation and that there is the
potential for 307,308 ac (123,364 ha) of
private land to experience incremental
changes in harvests, or approximately 2
percent of total lands proposed. No
incremental changes in harvests are
expected on State lands.
II. Background
It is our intent to discuss only those
topics directly relevant to the revised
designation of critical habitat in this
rule. For further details regarding
northern spotted owl biology and
habitat, population abundance and
trend, distribution, demographic
features, habitat use and conditions,
threats, and conservation measures,
please see the Northern Spotted Owl 5year Review Summary and Evaluation,
completed October 26, 2011, and the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011), completed
July 1, 2011. Both of these documents
are available on the U.S. Fish and
Wildlife Service’s Endangered Species
Web site at https://ecos.fws.gov/; under
‘‘Species Search,’’ enter ‘‘northern
spotted owl.’’ As detailed below,
Appendix C of the Revised Recovery
Plan is particularly informative, as we
used the habitat modeling process it
describes as a tool to help identify areas
containing the essential physical and
biological features or areas that were
otherwise essential to the conservation
of the northern spotted owl in this
revised designation of critical habitat.
Furthermore, the recovery criteria for
the northern spotted owl, as described
in the Revised Recovery Plan (USFWS
2011, pp. I–1 to I–2), helped to
discriminate between the various
scenarios considered in the modeling
process in terms of assessing which of
the habitat networks evaluated included
what is essential to the conservation of
the northern spotted owl in the most
efficient configuration possible.
Introduction
The northern spotted owl inhabits
structurally complex forests from
southwestern British Columbia through
Washington and Oregon to northern
California. The northern spotted owl
was listed under the Act as a threatened
species in 1990 because of widespread
loss of habitat across its range and the
inadequacy of existing regulatory
mechanisms to conserve it (55 FR
26114; June 26, 1990). Although the rate
of loss of habitat due to timber harvest
has been reduced on Federal lands over
the past two decades, both past and
current habitat loss remain a threat to
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the northern spotted owl. Despite
implementation of habitat conservation
measures in the early 1990s, Thomas et
al. (1990, p. 5) and USDI (1992,
Appendix C) foresaw that owl
populations would continue to decline
for several decades, even with habitat
conservation, as the consequence of lag
effects at both individual and
population levels. However, many
populations of northern spotted owls
have declined at a faster rate than
anticipated, especially in the northern
parts of the subspecies’ range (Anthony
et al. 2006, pp. 31–32; Forsman et al.
2011, pp. 65, 76). We now know that the
suite of threats (detailed below) facing
the northern spotted owl differs from
those at the time it was listed; in
addition to the effects of historical and
ongoing habitat loss, the northern
spotted owl faces a new significant and
complex threat in the form of
competition from the congeneric
(referring to a member of the same
genus) barred owl (USFWS 2011, pp. I–
7 to I–8).
During the second half of the 20th
century, barred owls expanded their
range from eastern to western North
America, and the range of the barred
owl now completely overlaps that of the
´
northern spotted owl (Gutierrez et al.
1995, p. 3; Crozier et al. 2006, p. 761).
Barred owls compete with northern
spotted owls for habitat and resources
for breeding, feeding, and sheltering,
and the presence of barred owls has
significant negative effects on northern
spotted owl reproduction, survivorship,
and successful occupation of territories
(see Population Status and Trends,
below). The loss of habitat has the
potential to intensify competition with
barred owls by reducing the total
amount of resources available to the
northern spotted owl and by increasing
the likelihood and frequency of
competitive interactions. While there
are important differences in the ecology
between barred owls and northern
spotted owls, barred owls select very
similar habitat for breeding, feeding,
and sheltering, and loss of habitat has
the potential to intensify competition
between species. While conserving
habitat will not completely alleviate the
barred owl threat, Dugger et al. (2011,
pp. 2464–2465) found that northern
spotted owl occupancy and colonization
rates decreased as both barred owl
presence increased and available habitat
decreased. Similar to another case in
which increased suitable habitat was
required to support two potentially
competing raptors, these authors
concluded that increased habitat
protection for northern spotted owls
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may be necessary to provide for
sustainable populations in the presence
of barred owls in some areas (Dugger et
al. 2011, p. 2467). Maintaining highquality habitat has been important since
the northern spotted owl was initially
listed as a threatened species in 1990,
and this competitive pressure from
barred owls has intensified the need to
conserve and restore large areas of
contiguous, high-quality habitat across
the range of the northern spotted owl
(Dugger et al. 2011, p. 2464; Forsman et
al. 2011, p. 76; USFWS 2011, Recovery
Action 32 [RA32], p. III–67).
It is becoming increasingly evident
that solely securing habitat will not be
effective in achieving the recovery of the
northern spotted owl when barred owls
are present (USFWS 2011, p. vi). While
conservation of high-quality habitat is
essential for the recovery and
conservation of the owl, habitat
conservation alone is not sufficient to
achieve recovery objectives. As stated in
the Revised Recovery Plan, ‘‘* * *
addressing the threats associated with
past and current habitat loss must be
conducted simultaneously with
addressing the threats from barred owls.
Addressing the threat from habitat loss
is relatively straightforward with
predictable results. However, addressing
a large-scale threat of one raptor on
another, closely related raptor has many
uncertainties’’ (USFWS 2011, p. I–8). A
designation of critical habitat is
intended to ameliorate habitat-based
threats to an endangered or threatened
species; critical habitat cannot
reasonably be expected to fully address
other, non-habitat-related threats to the
species. In the case of the northern
spotted owl, the recovery goal of
supporting population viability and
demographically stable populations of
northern spotted owls will likely require
habitat conservation in concert with the
implementation of recovery actions that
address other, non-habitat-based threats
to the species, including the barred owl.
In addition, recovery actions include
scientific evaluation of potential
management options to reduce the
impact of barred owls on northern
spotted owls (USFWS 2011, Recovery
Action 29 [RA29], p. III–65), and
implementation of management actions
determined to be effective (USFWS
2011, Recovery Action 30 [RA30], p. III–
65).
When developing a critical habitat
rule, the Service must use the best
scientific information available to
identify critical habitat as defined in
section (3)(5)(A) of the Act, which are (i)
the specific areas within the
geographical area occupied by the
species at the time it was listed that
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provide the physical or biological
features essential for the conservation of
the species, and which may require
special management considerations or
protection, and (ii) specific areas
outside the geographical area occupied
by the species at the time it was listed
that are otherwise determined to be
essential to the conservation of the
species. However, like most critical
habitat designations, this rule addresses
elements of risk management, because
we must make recommendations and
decisions in the face of incomplete
information and uncertainty about
factors influencing northern spotted owl
populations. This uncertainty exists
even though the northern spotted owl is
among the most thoroughly studied of
listed species. We understand a great
deal about the habitats the subspecies
prefers and the factors that influence its
demographic trends. Nonetheless,
considerable uncertainty remains,
particularly about interactions among
different factors that threaten the owl.
In the face of such uncertainty, the
Revised Recovery Plan proposes
strategies to address the primary threats
to the northern spotted owl from habitat
loss and barred owls (USFWS 2011, p.
I–7). The effects of climate change and
of past management practices are
changing forest ecosystem processes and
dynamics, including patterns of
wildfires, insect outbreaks, and disease,
to a degree greater than anticipated in
the Northwest Forest Plan (NWFP)
(Hessburg et al. 2005, pp. 134–135;
Carroll et al. 2010, p. 899; Spies et al.
2010, entire; USFWS 2011, p. I–8). At
the same time, the expansion of barred
owl populations is altering the capacity
of intact habitat to support northern
spotted owls. Projecting the effects of
these factors and their interactions into
the future leads to even higher levels of
uncertainty, especially considering how
the influences of different threats may
vary across the owl’s large geographical
range. It is clear that ecosystem-level
changes are occurring within the
northern spotted owl’s forest habitat.
The development of a critical habitat
network for the northern spotted owl
must take into account current
uncertainties, such as those associated
with barred owl impacts and climate
change predictions (USFWS 2011, p.
III–10). These uncertainties require that
we make some assumptions about likely
future conditions in developing,
modeling, and evaluating potential
critical habitat for the northern spotted
owl; those assumptions are identified
clearly in this rule (see Criteria Used to
Identify Critical Habitat, below) and in
our supporting documentation (Dunk et
al. 2012b, entire).
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Given the continued decline of
northern spotted owl populations, the
apparent increase in severity of the
threat from barred owls, and
information indicating a recent loss of
genetic diversity for the subspecies,
retaining both occupied northern
spotted owl sites and unoccupied, highvalue northern spotted owl habitat
across the subspecies’ range are key
components for recovery (USFWS 2011,
p. I–9). High-value habitat is defined in
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011) as
habitat that is important for maintaining
northern spotted owls on landscapes,
including areas with current and
historic use by northern spotted owls.
We refer readers to the glossary
(Appendix G) of the Revised Recovery
Plan for definitions of forest stand
conditions and habitat types discussed
in this rule.
Accordingly, in this rule, we have
identified areas of habitat occupied at
the time of listing that provide the
physical or biological features essential
to the conservation of the northern
spotted owl, and that may require
special management considerations or
protection. When occupied areas were
not adequate to achieve essential
recovery goals, we also identified some
unoccupied areas as critical habitat for
the northern spotted owl only upon a
determination that such areas are
essential to the conservation of the
species (see the second part of the
definition of critical habitat in section
(3)(5)(a)(ii), which states that critical
habitat also includes ‘‘specific areas
outside the geographical area occupied
by the species at the time of listing in
accordance with the provisions of
section 4 of this Act, upon a
determination by the Secretary that such
areas are essential for the conservation
of the species.’’) However, it is
important to note that this revised
designation of critical habitat does not
include all sites where northern spotted
owls are presently known to occur. The
habitat modeling that we used, in part,
to assist us in developing this revised
designation was based primarily on
present habitat suitability. While we did
also consider the present known
locations of northern spotted owls in
refining the identified habitat network,
not all such sites were included in the
revised designation if those areas did
not make a significant contribution to
population viability (for example, if
known sites were too small or isolated
to play a meaningful role in the
conservation of the species; see Criteria
Used to Identify Critical Habitat). This
is in accordance with section 3(5)(C) of
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the Act, which specifies that ‘‘critical
habitat shall not include the entire
geographical area which can be
occupied by the threatened or
endangered species.’’
Because of the uncertainties
associated with the effects of barred owl
interactions with the northern spotted
owl and habitat changes that may occur
as a result of climate change, active
adaptive forest management strategies
will be needed to achieve results in
certain landscapes. Active adaptive
forest management is a systematic
approach for improving resource
management by learning from the
results of explicit management policies
and practices and applying that learning
to future management decisions
(USFWS 2011, p. G–1). This critical
habitat rule identifies key sources of
uncertainty, and the need to learn from
our management of forests that provide
habitat for northern spotted owls. We
have designated a critical habitat
network that was developed based on
what we determined to be the areas
containing the physical and biological
features essential for the conservation of
the northern spotted owl or are
otherwise essential to owl conservation,
after taking into consideration
information on essential habitats, the
current distribution of those habitats,
and the best available scientific
knowledge about northern spotted owl
population dynamics, while
acknowledging uncertainty about future
conditions in Pacific Northwest forests.
An Ecosystem-Based Approach to the
Conservation of the Northern Spotted
Owl and Managing Its Critical Habitat
Section 2 of the Act states, ‘‘The
purposes of this Act are to provide a
means whereby the ecosystems upon
which endangered species and
threatened species depend may be
conserved.’’ Although the conservation
of the listed species is the specific
objective of a critical habitat
designation, the essential physical or
biological features that serve as the basis
of critical habitat are often essential
components of the ecosystem upon
which the species depends. In such
cases, a fundamental goal of critical
habitat management is not only to
conserve the listed species, but also to
conserve the ecosystem upon which that
species depends. This is the case with
the northern spotted owl.
An ecosystem is defined as a
biological community of interacting
organisms and their physical
environment, or as the complex of a
community of organisms and its
environment functioning as an
ecological unit (Krebs 1972, pp. 10–11;
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Ricklefs 1979, pp. 31–32, 869). These
ecosystem interactions and functions
are often referred to as ecological
relationships or processes. Thus, to
conserve the northern spotted owl as
directed by the Act, one must also
conserve the ecological processes that
occur within the ecological landscape
inhabited by the species. These
processes—such as vegetation
succession, forest fire regimes, and
nutrient cycling—create and shape the
physical or biological features that form
the foundation of critical habitat. The
northern spotted owl was initially listed
as a threatened species largely due to
the loss or degradation of the latesuccessional forest ecosystems upon
which it depends. A complex
interaction of physical or biological
factors contribute to the development
and maintenance of these ecosystems,
which in turn provide the northern
spotted owl with the environmental
conditions required for its conservation
and survival, such as large areas of
suitable habitat, nest structures, and
sufficient prey to sustain interconnected
populations of owls across the
landscape. A fundamental goal of
critical habitat management should thus
be to understand, describe, and
conserve these processes, which in turn
will maintain the physical or biological
features essential to the conservation of
the species. This ‘‘ecosystem approach’’
will ultimately have the highest
likelihood of conserving listed species
such as the northern spotted owl in the
long term (Knight 1998, p. 43).
The U.S. Forest Service, which
manages the great majority of areas
being designated as revised northern
spotted owl critical habitat, has
prioritized restoring and maintaining
natural ecological function and
resiliency to its forest lands (Blate et al.
2009, entire; USDA 2010, entire;
Tidwell 2011, entire). Active adaptive
forest management within critical
habitat, as discussed herein for the
consideration of land managers, may be
fully compatible and consistent with
these landscape-level ecosystems. Most
importantly, this approach is
compatible with the ecosystem-based
approach of the Northwest Forest Plan.
Revised critical habitat for the
northern spotted owl includes a diverse
forest landscape that covers millions of
acres and contains several different
forest ecosystems and thousands of
plant and animal species. It ranges from
moist old-growth conifer forest in the
western portion, to a mix of conifers and
hardwood trees in the Klamath region,
to dry, fire-prone forests in the eastern
Cascades. Thousands of species occur in
these forest ecosystems, including other
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listed and sensitive species with very
specific biological needs. In areas where
prescribed management is needed to
maintain ecosystem function, such
management is often expensive,
logistically difficult, and contentious
(Thompson et al. 2009, p. 29). Many
scientists believe a single-species
approach to forest management is
limited and that land managers need to
focus on broader landscape goals that
address ecosystem process and future
habitat conditions (see, e.g., Thomas et
al. 2006, p. 286; Boyd et al. 2008, p. 42;
Hobbs et al. 2010, p. 487; Mori 2011, pp.
289–290). The Revised Recovery Plan
(USFWS 2011) encourages the
application of ecosystem management
principles to ensure the long-term
conservation of the northern spotted
owl and its habitat, as well as other
species dependent on these shared
ecosystems.
We reference here the
recommendations for habitat
management as made in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011). This discussion is
provided primarily for consideration by
Federal, State, local, and private land
managers, as they make decisions on the
management of forest land under their
jurisdictions and through their normal
processes. This critical habitat rule does
not take any action or adopt any policy,
plan or program in relation to active
forest management.
Critical Habitat and the Northwest
Forest Plan
It is important to understand the
relationship between northern spotted
owl critical habitat and the Northwest
Forest Plan (NWFP). In brief, the
designation of areas as critical habitat
does not change land use allocations or
Standards and Guidelines for
management under the NWFP. Critical
habitat for the northern spotted owl was
first designated in 1992 (January 15,
1992; 57 FR 1796). Since 1994, the
NWFP has also served as an important
landscape-level plan that has
contributed to the conservation of the
northern spotted owl and latesuccessional forest habitat on Federal
lands across the range of the species
(Thomas et al. 2006, pp. 278–284). The
NWFP introduced a system of reserves
where conservation of late-successional
forest, riparian habitats, northern
spotted owls, and other species
dependent on older forest would be the
priority, and matrix areas where timber
harvest would be the goal. The
Standards and Guidelines for the NWFP
(USDA and USDI 1994) prescribe an
ecosystem-based approach to
management for the Federal action
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agencies that manage these lands, and
provide guidance for activities
conducted on different land use
allocations. All Bureau of Land
Management and U.S. Forest Service
lands identified as northern spotted owl
critical habitat in this rule fall under the
NWFP, and should be managed
consistent with its standards. Here we
briefly provide a summary of how our
designation of critical habitat has been
informed by and relates to forest
management under the NWFP.
In developing this critical habitat
designation, the Service recognizes the
importance of the NWFP as the
overarching land management strategy
for conservation of the northern spotted
owl and other native species associated
with old-growth and late-successional
forest. The system of reserves within the
NWFP is essential for the conservation
and development of large areas of latesuccessional forest across the landscape;
however, because the NWFP was
designed to benefit multiple species not
every acre of the late-successional
reserves (LSRs) provide high-quality
habitat for northern spotted owls. In
addition, barred owls have become
increasingly abundant in the Pacific
Northwest and likely have a large effect
on the continued decline of northern
spotted owl populations. With barred
owls now sharing the range of the
northern spotted owl, conservation of
northern spotted owls outside NWFP
reserved areas is increasingly important
for species recovery.
In our designation of critical habitat
on Federal lands, we identified lands
that contain the features essential to the
conservation of the species including
lands both within NWFP reserves and
matrix that function as highly valuable
northern spotted owl habitat. As noted
above, designation as critical habitat
does not change these land use
allocations or Standards and Guidelines
for management under the NWFP, and
we fully recognize the ecological
functions and land management goals of
the different land use allocations as
outlined under the NWFP. While the
NWFP has been successful in
conserving large blocks of latesuccessional forest (Thomas et al. 2006,
p. 283, Davis et al. 2011, p. 38),
concerns have been expressed that it
provides less than the anticipated level
of commercial timber harvest on matrix
lands, does not promote active
restoration in areas that may contain
uncharacteristically high risk of severe
fire (Spies et al. 2006, pg. 359; Thomas
et al. 2006, p. 277), and does not
promote development of complex earlyseral forest in areas where regeneration
harvest has been conducted (Betts et al.
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2010, p. 2117; Hagar 2007, p. 109;
Swanson et al. 2011, p. 124) (‘‘seral’’
refers to developmental or successional
stages of the forest community that
influences species composition, i.e.,
early, mid, late seral stages).
Thomas et al. (2006, pp. 284–287)
provided three recommendations to
improve the NWFP. These
recommendations are highly relevant to
northern spotted owl critical habitat
conservation and management:
1. Conserve old-growth trees and
forests on Federal lands wherever they
are found (emphasis added), and
undertake appropriate restoration
treatment in the threatened forest types.
2. Manage NWFP forests as dynamic
ecosystems that conserve all stages of
forest development (e.g., encompassing
the range of conditions between earlyseral and old-growth), and where
tradeoffs between short-term and longterm risks are better balanced.
3. Recognize the NWFP as an
integrated conservation strategy that
contributes to all components of
sustainability across Federal lands.
It is our hope that management of
critical habitat for the northern spotted
owl will be compatible with these
broader landscape management goals
articulated by Thomas et al. (2006, pp.
284–287). Furthermore, the Standards
and Guidelines for the NWFP encourage
an ecosystem-based approach to land
management (e.g., USDA and USDI
1994, p. A–1, Standards and Guidelines,
pp. C–12, C–13). As discussed in the
Revised Recovery Plan, recovery of the
northern spotted owl will likely require
that an ecosystem management
approach that includes both passive and
active management, to meet a variety of
conservation goals that support longterm northern spotted owl conservation,
be implemented. We fully support the
land use allocation goals and the
Standards and Guidelines for
management under the NWFP (USDA
and USDI 1994) as informed by the
recommendations of the Revised
Recovery Plan. Some general
considerations for managing the threats
to the essential physical or biological
features for the northern spotted owl are
discussed in the Special Management
Considerations or Protections and
Determinations of Adverse Effects and
Application of the ‘‘Adverse
Modification’’ Standard sections of this
document, below, as well as in the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, pp. III–11 to
III–39).
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Forest Management Activities in
Northern Spotted Owl Critical Habitat
As stated above, many areas of critical
habitat do not require active
management, and active forest
management within such areas could
negatively impact northern spotted
owls. We are not encouraging land
managers to consider active
management in areas of high-quality
owl habitat or occupied owl sites;
rather, we encourage management
actions that will maintain and restore
ecological function where appropriate.
In some areas, forest stands are not on
a trajectory to develop into high-value
habitat, ecological processes have been
disrupted by human actions, or
projected climate change is expected to
further disrupt or degrade desired forest
conditions. In these areas, land
managers may choose to implement
active management, as recommended in
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011),
to improve ecological health and
development of forest conditions more
favorable to northern spotted owls and
other biodiversity. For example, LSRs
are to be managed to protect and
enhance old-growth forest conditions
(defined in the Revised Recovery Plan
as forests that have accumulated
specific characteristics related to tree
size, canopy structure, snags, and
woody debris and plant associations).
According to the NWFP Standards and
Guidelines (USDA and USDI 1994), no
programmed timber harvest is allowed
inside the reserves. However, thinning
or other silvicultural treatments inside
these reserves may occur in younger
stands if the treatments are beneficial to
the creation and maintenance of latesuccessional forest conditions. On the
east of the Cascades and in Oregon and
California Klamath Provinces,
additional management activities may
be considered both within and outside
reserves to reduce risks of large-scale
disturbance (NWFP Standards and
Guidelines, p. C–12—C–13).
We also recognize that ecological
restoration is not the management goal
on all NWFP land use allocations (e.g.,
matrix) within designated critical
habitat, and we provide a discussion of
options land managers could consider to
tailor traditional forest management
activities on these lands to consistent
with conservation of current and future
northern spotted owl habitat (see, e.g.,
Gustafsson et al. 2012, entire; Franklin
et al. 2007, entire; Kuuluvainen and
Grenfell 2012, entire; North and Keeton
2008; Long 2009, entire; Lindenmayer et
al. 2012; entire). Our discussion of
potential management considerations
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for the northern spotted owl are
intended to be fully compatible with the
objectives and Standards and
Guidelines of the NWFP as informed by
the conservation guidelines presented in
the 2011 Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011) to
provide a means whereby the
ecosystems on which northern spotted
owls depend will be conserved.
Mimicking natural disturbance
regimes, such as fire, is an important
strategy in North American forest
management (Seymour and Hunter
1999, p. 56; Long 2009, p. 1868;
Gustafsson et al. 2012, p. 635;
Kuuluvainen and Grenfell 2012, entire).
This change is occurring in response to:
(1) The simplification of forests in terms
of structure, age-class diversity, and
species composition as a result of
management for timber production, and
(2) a recognition of fundamental
changes in ecosystem function and
processes due to land management
practices, especially fire and
successional patterns (Franklin et al.
2002, pp. 402–408; Hessburg et al. 2005,
pp. 134–135; Drever et al. 2006, p.
2291). Although human disturbance is
unlikely to precisely mimic natural
forest disturbance, it can be used to
better maintain the resilience of
landscapes and wildlife populations to
respond to natural disturbance and
climate change (Lindenmayer et al.
2008, p. 87). In general, prescriptions
(e.g., vegetation management, prescribed
fire, etc.) that apply ecological forestry
principles to address the restoration and
conservation of broader ecological
processes in areas where this is needed,
while minimizing impacts to
structurally diverse or mature and old
forest that does not require such
management can be compatible with
maintaining the critical habitat’s
essential features in the long term at the
landscape scale (USFWS 2011, p. III–
14). The Service has recently consulted
on these types of management actions in
occupied northern spotted owl habitat
on Bureau of Land Management (BLM)
and U.S. Forest Service (USFS) lands.
Specifically prescribing such
management is beyond the scope or
purpose of this document, and should
instead be developed by the appropriate
land management agency at the
appropriate land management scale
(e.g., National Forest or Bureau of Land
Management District) (USDA 2010,
entire; Fontaine and Kennedy 2012, p.
1559; Gustafsson et al. 2012, pp. 639–
641, Davis et al. 2012, entire) through
the land managing agencies’ planning
processes and with technical assistance
from the Service, as appropriate.
Furthermore, we encourage an active
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adaptive forest management approach,
should agencies choose to implement
ecological forestry practices, as we
continue to learn from continuing
research on these methods (see Research
and Adaptive Management, below).
Some general considerations for
managing for the conservation of
essential physical or biological features
within northern spotted owl critical
habitat are discussed in more detail in
the Special Management Considerations
or Protections and Determinations of
Adverse Effects and Application of the
‘‘Adverse Modification’’ Standard
sections of this document, below. In
sum, vegetation and fuels management
in dry and mixed-dry forests may be
appropriate both within and outside
designated critical habitat where the
goal of such treatment is to conserve
natural ecological processes or restore
them (including fire) where they have
been modified or suppressed (Allen et
al. 2002, pp. 1429–1430; Spies et al.
2006, pp. 358–361; Fielder et al. 2007,
entire; Prather et al. 2008, entire;
Lindenmayer et al. 2009, p. 274;
Tidwell 2011, entire; Stephens et al.
2009, pp. 316–318; Stephens et al.
2012a, p. 13; Stephens et al. 2012b, pp.
557–558; Franklin et al. 2008, p. 46;
Miller et al. 2009, pp. 28–30; Fule et al.
2012, pp. 75–76). These types of
management are encouraged in the
NWFP (USDA and USDI 1994, p. C–13).
Likewise, in some moist and mixed
forests, management of northern spotted
owl critical habitat should be
compatible with broader ecological
goals, such as the retention of highquality older forest, the continued
treatment of young or homogenous
forest plantations to enhance structural
diversity, heterogeneity and latesuccessional forest conditions, and the
conservation or restoration of complex
early-seral forest habitat, where
appropriate (Spies et al. 2007b, pp. 57–
63; Betts et al. 2010, pp. 2117, 2126–
2127; Swanson et al. 2011, entire).
In general, actions that promote
ecological restoration and those that
apply ecological forestry principles at
appropriate scales as described above
and in the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011,
pp. III–11 to III–41) may be, in the right
circumstances, consistent with the
conservation of the northern spotted
owl and the management of its critical
habitat. However, we emphasize that
this rule does not take any action or
adopt any policy, plan or program in
relation to active forest management.
The discussion is provided only for
consideration by Federal, State, local
and private land managers, as well as
the public, as they make decisions on
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the management of forest land under
their jurisdictions and through their
normal processes.
Research and Adaptive Management
The Service supports the goals of
maintaining and restoring ecological
function and development of future
northern spotted owl habitat. We
encourage land managers to consider a
stronger focus on ecological forestry in
areas where commercial harvest and
restoration are planned. We recognize
the need to balance both the
conservation of current owl sites and
the development of future owl habitat.
However, a better understanding of how
ecological forestry approaches affect
owls and their prey is needed. Studies
have shown negative effects of
commercial thinning and other
conventional forestry practices on both
northern spotted owls (Forsman et al.
1984, pp. 16–17; Meiman et al. 2003, p.
1261) and their prey (Waters et al. 1994,
p. 1516; Luoma et al. 2003, pp. 343–373;
Wilson 2010, entire).This need was
recognized in Recovery Action 11 of the
Revised Recovery Plan, which states
‘‘When vegetation management
treatments are proposed to restore or
enhance habitat for northern spotted
owls (e.g., thinnings, restoration
projects, prescribed fire, etc.), consider
designing and conducting experiments
to better understand how these different
actions influence the development of
northern spotted owl habitat, northern
spotted owl prey abundance and
distribution, and northern spotted owl
demographic performance at local and
regional scales.’’ Furthermore, the
recovery strategy outlined in the
Revised Recovery Plan (USFWS 2011)
identifies monitoring and research, as
well as active adaptive forest
management, as important steps in
achieving recovery goals.
Given these concerns, and recognizing
that appropriate management actions
will vary depending upon site-specific
conditions, we provide the following
suggestions regarding active forest
management for consideration by land
managers within critical habitat as
consistent with the recommendations of
the Revised Recovery Plan for the
Northern Spotted Owl:
1. Focus active management in
younger forest, lower quality owl
habitat, or where ecological conditions
are most departed from the natural or
desired range of variability.
2. In moist forests on Federal lands,
follow NWFP guidelines as informed by
the Revised Recovery Plan and focus on
areas outside of LSRs (i.e., matrix). In
dry forests, follow NWFP guidelines and
focus on lands in or outside of reserves
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that are most ‘‘at-risk’’ of experiencing
uncharacteristic disturbance and where
the landscape management goal is to
restore more natural or resilient forest
ecosystems (see, e.g., Davis et al. 2012,
entire; Franklin et al. 2008, p. 46).
3. Avoid or minimize activities in
active northern spotted owl territories
(or the high-quality habitat within these
territories).
4. Ensure transparency of process so
the public can see what is being done,
where it is done, what the goal of the
action is, and how well the action leads
to the desired goal.
5. Practice active adaptive forest
management by incorporating new
information and learning into future
actions to make them more effective,
focusing on how these actions affect
northern spotted owls and their prey.
Towards this objective of learning
critical new scientific insights from
research and adaptive management, we
especially encourage research and active
adaptive forest management on the
seven Forest Service Experimental
Forests (H.J. Andrews Experimental
Forest, Pringle Falls Experimental
Forest, South Umpqua Experimental
Forest, and Cascades Head Experimental
Forest in Oregon; Wind River
Experimental Forest and Entiat
Experimental Forest in Washington; and
Yurok Redwood Experimental Forest in
California) within designated northern
spotted owl critical habitat. We
acknowledge the specific value and
contributions of research done within
experimental forests in furtherance of
the research and active adaptive forest
management objectives in the Revised
Recovery Plan. These Experimental
Forests have four principal scientific
advantages that support the specific
kinds of research needed to better
understand how management affects
and potentially enhances northern
spotted owl habitat:
(1) These sites are intended for and
enabled to conduct manipulative
research to test forest management
strategies in a rigorous scientific
manner;
(2) They have long-term baseline
datasets that enable detailed climate/
environmental change assessments;
(3) The sites represent a diversity of
forest types within the range of northern
spotted owl; and
(4) Experimental forests have been the
subject of intensive, long-term study
that can serve as a backdrop for new
research.
Essential research and active adaptive
forest management questions, detailed
in the Revised Recovery Plan, that could
be conducted on Experimental Forests
include (but are not limited to):
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(a) What vegetation management
treatments best accelerate the
development of forest structure
associated with northern spotted owl
habitat functions while maintaining or
restoring natural disturbance and
provide greater ecosystem resiliency?
(b) What are the effects of wildland
and prescribed fire on the structural
elements of northern spotted owl
habitat?
(c) Can strategically-placed restoration
treatments be used to reduce the risk of
northern spotted owl habitat being
burned by high severity fire within dry
forest ecosystems?
(d) What are the effects of epidemic
forest insect outbreaks on northern
spotted owl occupancy and habitat use
immediately following the event and at
specified time periods after treatment?
Sound scientific information
represents a vital component of our path
to recovery for the northern spotted owl
(and almost all threatened or
endangered species). We believe it
would be counterproductive to inhibit
or curtail research that is designed to
benefit the northern spotted owl and the
ecosystem in which it is found, and
therefore support research activities
within experimental forests.
The Biology and Ecology of the Northern
Spotted Owl
Physical Description and Taxonomy
The northern spotted owl is a
medium-sized owl and the largest of the
three subspecies of northern spotted
owls currently recognized by the
American Ornithologists’ Union
´
(Gutierrez et al. 1995, p. 2). It is dark
brown with a barred tail and white spots
on the head and breast, and has dark
brown eyes that are surrounded by
prominent facial disks. The taxonomic
separation of these three subspecies is
supported by numerous factors
(reviewed in Courtney et al. 2004, pp.
3–3 to 3–31), including genetic
´
(Barrowclough and Gutierrez 1990, p.
739; Barrowclough et al. 1999, p. 922;
Haig et al. 2004, p. 1353; Barrowclough
et al. 2005, p. 1113), morphological
´
(Gutierrez et al. 1995, pp. 2 to 3),
behavioral (Van Gelder 2003, p. 30), and
biogeographical characteristics
(Barrowclough et al. 1999, p. 928).
Distribution and Habitat
The current range of the northern
spotted owl extends from southwest
British Columbia through the Cascade
Mountains, coastal ranges, and
intervening forested lands in
Washington, Oregon, and California, as
far south as Marin County, California.
The subspecies is listed as a threatened
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species under the Act throughout its
range (55 FR 26114; June 26, 1990).
Within the United States, the northern
spotted owl ranges across 12 ecological
regions, based on recognized landscape
subdivisions exhibiting different
physical and environmental features,
often referred to as ‘‘physiographic
provinces’’ (Franklin and Dyrness 1988,
pp. 5–26; Thomas et al. 1990, p. 61;
USDA and USDI 1994, p. A–3). These
include the Olympic Peninsula, Western
Washington Lowlands, Western
Washington Cascades, Eastern
Washington Cascades, Oregon Coast
Ranges, Western Oregon Cascades,
Willamette Valley, Eastern Oregon
Cascades, Oregon Klamath, California
Klamath, California Coast Ranges, and
California Cascades Provinces (based on
USDA and USDI 1994, p. A–3). Very
few northern spotted owls are found in
British Columbia, in the Western
Washington Lowlands or Willamette
Valley; therefore, the subspecies is
restricted primarily to 10 of the 12
provinces within its range.
For the purposes of developing this
rule, and based on Appendix C of the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, pp. C–7 to
C–13), we have divided the range of the
northern spotted owl into 11 different
regions. We used these 11 regions in the
habitat modeling that informed this
revised designation of critical habitat.
The regions used here are more ‘‘owl
specific’’ than the physiographic
provinces used in the past. In addition
to regional patterns of climate,
topography, and forest communities,
which the physiographic provinces also
considered, the 11 regions are based on
specific patterns of northern spotted owl
habitat relationships and prey base
relationships across the range of the
species. The 11 regions include the
North Coast Olympics; West Cascades
North; West Cascades Central; West
Cascades South; East Cascades North;
East Cascades South; Oregon Coast;
Klamath West; Klamath East; Redwood
Coast; and Inner California Coast
Ranges. We additionally grouped these
11 regions into 4 broad ecological zones
(West Cascades/Coast Ranges of Oregon
and Washington; East Cascades;
Redwood; and Klamath and Northern
California Interior Coast Ranges). A map
of the 11 regions used for the purposes
of habitat modeling, as well as the 4
ecological zones, is provided in Figure
1 of this document. We used these 11
regions as the organizing units for our
designation of critical habitat, and the 4
ecological zones for the identification of
region-specific primary constituent
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elements (PCEs) for the northern spotted
owl.
Northern spotted owls generally rely
on older forested habitats because such
forests contain the structures and
characteristics required for nesting,
roosting, and foraging, and dispersal.
Forest characteristics associated with
northern spotted owls usually develop
with increasing forest age, but their
occurrence may vary by location, past
forest practices, and stand type, history,
and condition. Although northern
spotted owl habitat is variable over its
range, some general attributes are
common to the owl’s life-history
requirements throughout its range. To
support northern spotted owl
reproduction, a home range requires
appropriate amounts of nesting,
roosting, and foraging habitat arrayed so
that nesting pairs can survive, obtain
resources, and breed successfully. In
northern parts of the range where
nesting, roosting, and foraging habitat
have similar attributes, nesting is
generally associated with late-seral or
old-growth forest in the core area
(Swindle et al. 1999, p. 1216). In some
southern portions of the range, northern
spotted owl survival is positively
associated with the area of old forest
habitat in the core, but reproductive
output is positively associated with
amount of edge between older forest and
other habitat types in the home range
(Franklin et al. 2000, pp. 573, 579). This
pattern suggests that where duskyfooted woodrats (Neotoma fuscipes) are
the primary prey species, core areas that
have nesting habitat stands interspersed
with varied types of foraging habitat
may be optimal for northern spotted owl
survival and reproduction. Both the
amount and spatial distribution of
nesting, roosting, foraging, and dispersal
habitat influence reproductive success
and long-term population viability of
northern spotted owls.
Population growth can occur only if
there is adequate habitat in an
appropriate configuration to allow for
the dispersal of owls across the
landscape. This includes support of
dispersing juveniles, as well as
nonresident subadults and adults that
have not yet recruited into the breeding
population. The survivorship of
northern spotted owls is likely greatest
when dispersal habitat most closely
resembles nesting, roosting, and
foraging habitat, but owls may use other
types of habitat for dispersal on a shortterm basis. Dispersal habitat, at a
minimum, consists of stands with
adequate tree size and canopy cover to
provide protection from avian predators
and at least minimal foraging
opportunities (57 FR 1805, January 15,
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1992). In this rule, we consider canopy
cover as a vertical measurement of the
amount of canopy that would cover the
ground.
The three essential functions served
by habitat within the home range of a
northern spotted owl are:
(1) Nesting. Nesting habitat is
essential to provide structural features
for nesting, protection from adverse
weather conditions, and cover to reduce
predation risks. Habitat requirements for
nesting and roosting are nearly
identical. However, nesting habitat is
specifically associated with a high
incidence of large trees with various
deformities (large cavities, broken tops,
mistletoe (Arceuthobium spp.)
infections, and other evidence of
decadence) or large snags suitable for
nest placement. Additional features that
support nesting and roosting typically
include a moderate to high canopy
cover; a multilayered, multispecies
canopy with large overstory trees; large
accumulations of fallen trees and other
woody debris on the ground; and
sufficient open space below the canopy
for northern spotted owls to fly (Thomas
et al. 1990, p. 164). Forested stands with
high canopy cover also provide thermal
cover (Weathers et al. 2001, p. 686) and
protection from predators. Patches of
nesting habitat, in combination with
roosting habitat, must be sufficiently
large and contiguous to maintain
northern spotted owl core areas and
home ranges, and must be proximate to
foraging habitat. Ideally, nesting habitat
also functions as roosting, foraging, and
dispersal habitat.
(2) Roosting. Roosting habitat is
essential to provide for
thermoregulation, shelter, and cover to
reduce predation risk while resting or
foraging. As noted above, the same
habitat generally serves for both nesting
and roosting functions; technically
‘‘roosting habitat’’ differs from nesting
habitat only in that it need not contain
those specific structural features used
for nesting (cavities, broken tops, and
mistletoe platforms), but does contain
moderate to high canopy cover; a
multilayered, multispecies canopy; large
accumulations of fallen trees and other
woody debris on the ground; and open
space below the canopy for northern
spotted owls to fly. In practice,
however, roosting habitat is not
segregated from nesting habitat. Nesting
and roosting habitat will also function
as foraging and dispersal habitat.
(3) Foraging. Foraging habitat is
essential to provide a food supply for
survival and reproduction. Foraging
habitat is the most variable of all
habitats used by territorial northern
spotted owls, and is closely tied to the
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prey base, as described below. Nesting
and roosting habitat always provides for
foraging, but in some cases owls also
use more open and fragmented forests,
especially in the southern portion of the
range where some younger stands may
have high prey abundance and
structural attributes similar to those of
older forests, such as moderate tree
density, subcanopy perches at multiple
levels, multilayered vegetation, or
residual older trees. Foraging habitat
generally has attributes similar to those
of nesting and roosting habitat, but
foraging habitat may not always support
successfully nesting pairs (USDI 1992,
pp. 22–25). Foraging habitat can also
function as dispersal habitat. The
primary function of foraging habitat is to
provide a food supply for survival and
reproduction.
Because northern spotted owls show
a clear geographical pattern in diet, and
different prey species prefer different
habitat types, prey distribution
contributes to differences in northern
spotted owl foraging habitat selection
across the range. In the northern portion
of their range, northern spotted owls
forage heavily in older forests or forests
with similar complex structure that
support northern flying squirrels
(Glaucomys sabrinus) (Carey et al. 1992,
p. 233; Rosenberg and Anthony 1992, p.
165). In the southern portion of their
range, where woodrats are a major
component of their diet, northern
spotted owls are more likely to use a
variety of stands, including younger
stands, brushy openings in older stands,
and edges between forest types in
response to higher prey density in some
of these areas (Solis 1983, pp. 89–90;
Sakai and Noon 1993, pp. 376–378;
Sakai and Noon 1997, p. 347; Carey et
al. 1999, p. 73; Franklin et al. 2000, p.
579). Both the amount and distribution
of foraging habitat within the home
range influence the survival and
reproduction of northern spotted owls.
Dispersal Habitat and Habitat for
Nonresident Owls
Successful dispersal of northern
spotted owls is essential to maintaining
genetic and demographic connections
among populations across the range of
the species. Habitats that support
movements between larger habitat
patches that provide nesting, roosting,
and foraging habitats for northern
spotted owls act to limit the adverse
genetic effects of inbreeding and genetic
drift and provide demographic support
to declining populations (Thomas et al.
1990, pp. 271–272). Dispersing juvenile
northern spotted owls experience high
mortality rates (more than 70 percent in
some studies (Miller 1989, pp. 32–41;
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Franklin et al. 1999, pp. 25, 28; 55 FR
26115; June 26, 1990)) from starvation,
predation, and accidents (Miller 1989,
pp. 41–44; Forsman et al. 2002, pp. 18–
19). Juvenile dispersal is thus a highly
vulnerable life stage for northern
spotted owls, and enhancing the
survivorship of juveniles during this
period could play an important role in
maintaining stable populations of
northern spotted owls.
Successful juvenile dispersal may
depend on locating unoccupied suitable
habitat in close proximity to other
occupied sites (LaHaye et al. 2001, pp.
697–698). Dispersing juveniles are likely
attracted to conspecific calls, and may
look for suitable sites preferentially in
the vicinity of occupied territories.
When all suitable territories are
occupied, dispersers may temporarily
pursue a nonresident (nonbreeding)
strategy; such individuals are sometimes
referred to as ‘‘floaters’’ (Forsman et al.
2002, pp. 15, 26). Floaters prospect for
territorial vacancies created when
residents die or leave their territories.
Floaters contribute to stable or
increasing populations of northern
spotted owls by quickly filling territorial
vacancies. Where large blocks of habitat
with multiple breeding pairs occur, the
opportunities for successful recruitment
of dispersers and floaters are enhanced
due to the within-block production of
potential replacement birds (Thomas et
al. 1990, pp. 295, 307).
Juvenile dispersal occurs in steps
(Forsman et al. 2002, pp. 13–14),
between which dispersing juveniles
settle into temporary home ranges for up
to several months (Forsman et al. 2002,
p. 13). Natal dispersal distances,
measured from natal areas to eventual
home range, tend to be larger for females
(about 15 mi (24 km)) than males (about
8.5 mi (13.7 km)) (Courtney et al. 2004,
p. 8–5). Forsman et al. (2002, pp. 15–16)
reported dispersal distances of 1,475
northern spotted owls in Oregon and
Washington for the period from 1985 to
1996. Median maximum dispersal
distance (the straight-line distance
between the natal site and the farthest
location) for radio-marked juvenile male
northern spotted owls was 12.7 mi (20.3
km), and that of female northern spotted
owls was 17.2 mi (27.5 km) (Forsman et
al. 2002, Table 2).
Northern spotted owls can utilize
forests with the characteristics needed
for nesting, roosting, foraging, and
dispersal, and likely experience greater
survivorship under such conditions.
However, dispersing or nonresident
individuals may also make use of other
forested areas that do not meet the
requirements of nesting or roosting
habitat on a short-term basis. Such
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barred owl has expanded in recent years
and now completely overlaps that of the
northern spotted owl (Crozier et al.
2006, p. 761). The presence of barred
owls has significant negative effects on
northern spotted owl reproduction
(Olson et al. 2004, p. 1048), survival
Population Status and Trends
(Anthony et al. 2006, p. 32), and
Demographic data from studies
number of territories occupied (Kelly et
initiated as early as 1985 have been
al. 2003, p. 51; Olson et al. 2005, p.
analyzed every 5 years to estimate
928). The determination of population
northern spotted owl demographic rates trends for the northern spotted owl has
and population trends (Anderson and
become complicated by the finding that
Burnham 1992, entire; Burnham et al.
northern spotted owls are less likely to
1994, entire; Franklin et al. 1999, entire; call when barred owls are also present;
Anthony et al. 2006, entire; Forsman et
therefore, they are more likely to be
al. 2011, entire). The most current
undetected by standard survey methods
evaluation of population status and
(Olson et al. 2005, pp. 919–929; Crozier
trends is based on data through 2008
et al. 2006, pp. 766–767). As a result, it
(Forsman et al. 2011, p. 1). Based on this is difficult to determine whether
analysis, populations on 7 of 11 study
northern spotted owls no longer occupy
areas (Cle Elum, Rainier, Olympic
a site, or whether they may still be
Peninsula, Oregon Coast Ranges, H.J.
present but are not detected. The 2011
Andrews, Northwest California, and
Revised Recovery Plan for the Northern
Green Diamond) were declining
Spotted Owl concludes that ‘‘barred
(Forsman et al. 2011, p. 64, Table 22).
owls are contributing to the population
Estimates of realized population
decline of northern spotted owls,
change (cumulative population change
especially in Washington, portions of
across all study years) indicated that, in
Oregon, and the northern coast of
the more rapidly declining populations
California.’’ (USFWS 2011, p. B–12).
(Cle Elum, Rainier, and Olympic
British Columbia has a small
Peninsula), the 2006 populations were
population of northern spotted owls.
40 to 60 percent of the population sizes
observed in 1994 or 1995 (Forsman et al. This population has declined at least 49
percent since 1992 (Courtney et al.
2011, pp. 47–49). Populations at the
2004, p. 8–14), and by as much as 90
remaining areas (Tyee, Klamath,
percent since European settlement
Southern Oregon Cascades, and Hoopa)
(Chutter et al. 2004, p. 6) to a 2004
showed declining population growth
breeding population estimated at about
rates as well, although the estimated
23 birds (Sierra Legal Defence [sic] Fund
rates were not significantly different
and Western Canada Wilderness
from stable populations (Forsman et al.
Committee 2005, p. 16) on 15 sites
2011, p 64). A meta-analysis combining
(Chutter et al. 2004, p. 26). Chutter et al.
data from all 11 study areas indicates
(2004, p. 30) suggested immediate
that rangewide the population declined
action was required to improve the
at a rate of about 2.9 percent per year
likelihood of recovering the northern
for the period from 1985 to 2006.
spotted owl population in British
Northern spotted owl populations on
Columbia. In 2007, the Northern
Federal lands had better demographic
Spotted Owl Population Enhancement
rates than elsewhere, but still declined
Team recommended to remove northern
at a mean annual rate of about 2.8
spotted owls from the wild in British
percent per year for 1985–2006
Columbia. Personnel in British
(Forsman et al. 2011, p. 67).
Columbia captured and brought into
In addition to declines in population
captivity the remaining 16 known wild
growth rates, declines in annual
northern spotted owls. Prior to initiating
survival were reported for 10 of the 11
the captive-breeding program, the
study areas (Forsman et al. 2011, p. 64,
population of northern spotted owls in
Table 22). Number of young produced
Canada was declining by as much as 35
each year showed declines at 5 areas
percent per year (Chutter et al. 2004, p.
(Cle Elum, Klamath, Southern Oregon
6). The amount of previous interaction
Cascades, Northwest California, and
Green Diamond), was relatively stable at between northern spotted owls in
Canada and the United States is
3 areas (Olympic Peninsula, Tyee,
unknown (Chutter et al. 2004, p. 24).
Hoopa), and was increasing at 2 areas
Although the status of the northern
(Oregon Coast Ranges, H. J. Andrews)
spotted owl in Canada is informative in
(Forsman et al. 2011, p. 64 Table 22).
terms of the overall declining trend of
As noted above, the barred owl has
the northern spotted owl throughout its
emerged as a greater threat to the
range, and consequently the increased
northern spotted owl than was
need for conservation in those areas
previously recognized. The range of the
short-term dispersal habitats must, at
minimum, consist of stands with
adequate tree size and canopy cover to
provide protection from avian predators
and at least minimal foraging
opportunities.
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where it persists, the Service does not
designate critical habitat in foreign
countries (50 CFR 424.12(h)).
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Life History
Northern spotted owls are a long-lived
species with relatively stable and high
rates of adult survival, lower rates of
juvenile survival, and highly variable
reproduction. Franklin et al. (2000, p.
576) suggested that northern spotted
owls follow a ‘‘bet-hedging’’ life-history
strategy, where natural selection favors
individuals that reproduce only during
favorable conditions. For such species,
population growth rate is more
susceptible to changes in adult survival
than to recruitment of new individuals
into the population. For northern
spotted owls, recent demographic
analyses have indicated declining
trends in both adult survival and
recruitment across much of the species
range (Forsman et al. 2011, p. 64, Table
22).
Northern spotted owls are highly
territorial (Courtney et al. 2004, p. 2–7).
They maintain large home ranges;
however, they actively defend a smaller
area, and overlap between the outer
portions of the home ranges of adjacent
pairs is common (Forsman et al. 1984,
´
pp. 5, 17, 22–24; Solis and Gutierrez
1990, p. 742; Forsman et al. 2005, p.
374). Pairs are nonmigratory and remain
on their home range throughout the
year, although they often increase the
area used for foraging during fall and
winter (Forsman et al. 1984, p. 21; Sisco
1990, p. 9), likely in response to
potential depletion of prey in the core
of their home range (Carey et al. 1992,
p. 245; Carey 1995, p. 649; but see
Rosenberg et al. 1994, entire). The
northern spotted owl shows strong yearround fidelity to its territory, even when
not nesting (Solis 1983, pp. 23–28;
Forsman et al. 1984, pp. 52–53) or after
natural disturbance alters habitat
characteristics within the home range
(Bond et al. 2002, pp. 1024–1026). A
discussion of northern spotted owl
home range size and use is included in
the Primary Constituent Elements
section of this rule.
Prey
Northern spotted owl diets vary
across owl territories, years, seasons,
and geographical regions (Forsman et al.
2001, pp. 146–148; 2004, pp. 217–220).
However, four to six species of
nocturnal mammals typically dominate
their diets (Forsman et al. 2004, p. 218),
with northern flying squirrels being a
primary prey species in all areas. In
Washington, diets are dominated by
northern flying squirrels, snowshoe hare
(Lepus americanus), bushy-tailed
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woodrats (Neotoma cinerea), and boreal
red-backed voles (Clethrionomys
gapperi) (Forsman et al. 2001, p. 144).
In Oregon and northern California,
northern flying squirrels in combination
with dusky-footed woodrats, bushytailed woodrats, red tree voles
(Arborimus longicaudus), and deer mice
(Peromyscus maniculatus) comprise the
majority of diets (Courtney et al. 2004,
pp. 41–31 to 4–32; Forsman et al. 2004,
p. 221). Northern spotted owls are also
known to prey on insects, other
terrestrial mammals, birds, and
juveniles of larger mammals (e.g.,
mountain beaver (Aplodontia rufa)
(Forsman et al. 2001, p. 146; 2004, p.
223).
Northern flying squirrels are
positively associated with latesuccessional forests with high densities
of large trees and snags (Holloway and
Smith 2011, p. 671). Northern flying
squirrels typically use cavities in large
snags as den and natal sites, but may
also use cavities in live trees, hollow
branches of fallen trees, crevices in large
stumps, stick nests of other species, and
lichen and twig nests they construct
(Carey 1995, p. 658), as well as mistletoe
brooms when snags are not abundant
(Lehmkuhl et al. 2006, p. 593). Fungi
(mychorrhizal and epigeous types) are
prominent in their diet; however, seeds,
fruits, nuts, vegetation matter, insects,
and lichens may also represent a
significant proportion of their diet
(summarized in Courtney et al. 2004,
App. 4 p. 3–12). Northern flying squirrel
densities tend to be higher in older
forest stands with ericaceous shrubs
(e.g., Pacific rhododendron
(Rhododendron macrophyllum)) and an
abundance of large snags (Carey 1995, p.
654), and higher tree canopy cover
(Lehmkuhl et al. 2006, p. 591) likely
because these forests produce a higher
forage biomass. Wilson (2012, pp. i–ii)
reported that dense mid-story canopy
conditions can also be a limiting factor
for flying squirrel abundance. Flying
squirrel density tends to increase with
stand age (Carey 1995, pp. 653–654;
Carey 2000, p. 252), although managed
and second-growth stands sometimes
also show high densities of squirrels,
especially when canopy cover is high
(e.g., Rosenberg and Anthony 1992, p.
163; Lehmkuhl et al. 2006, pp. 589–
591). The main factors that may limit
northern flying squirrel densities are the
availability of den structures and food,
especially hypogeous (below ground)
fungi or truffles (Gomez et al. 2005, pp.
1677–1678), as well as protective cover
from predators (Wilson 2010, p. 115).
For northern spotted owls in Oregon,
both dusky-footed and bushy-tailed
woodrats are important prey items
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(Forsman et al. 2004, pp. 226–227),
whereas in Washington owls rely
primarily on the bushy-tailed woodrat
(Forsman et al. 2001, p. 144). Habitats
that support bushy-tailed woodrats
usually include early-seral mixedconifer/mixed-evergreen forests close to
water (Carey et al. 1999, p. 77). Bushytailed woodrats reach high densities in
both old forests with openings and
closed-canopy young forests (Sakai and
Noon 1993, pp. 376–378; Carey et al.
1999, p. 73), and use hardwood stands
in mixed-evergreen forests (Carey et al.
1999, p. 73). Bushy-tailed woodrats are
important prey species south of the
Columbia River and may be more
limited by abiotic features, such as the
availability of suitable rocky areas for
den sites (Smith 1997, p. 4) or the
presence of streams (Carey et al. 1992,
p. 234; 1999, p. 72). Dense woodrat
populations in shrubby areas are likely
a source of colonists to surrounding
forested areas (Sakai and Noon 1997, p.
347); therefore, forested areas with
nearby open, shrubby vegetation
generally support high numbers of
woodrats. The main factors that may
limit woodrats are access to stable,
brushy environments that provide food,
cover from predation, materials for nest
construction, dispersal ability, and
appropriate climatic conditions (Carey
et al. 1999, p. 78), and arboreal and
terrestrial cover in the form of large
snags, mistletoe, and soft logs
(Lehmkuhl et al. 2006, p. 376).
Home Range and Habitat Use
Territorial northern spotted owls
remain resident on their home range
throughout the year; therefore, these
homes ranges must provide all the
habitat components needed for the
survival and successful reproduction of
a pair of owls. Northern spotted owls
exhibit central-place foraging behavior
(Rosenberg and McKelvey 1999, p.
1036), with much activity centered
within a core area surrounding the nest
tree during the breeding season. During
fall and winter as well as in
nonbreeding years, owls often roost and
forage in areas of their home range more
distant from the core. In nearly all
studies of northern spotted owl habitat
use, the amount of mature and oldgrowth forest was greater in core areas
and home ranges than at random sites
on the landscape (Courtney et al. 2004,
pp. 5–6, 5–13; also see USFWS 2011,
Appendix G for definitions of mature
and old-growth forest), and forests were
less fragmented within northern spotted
owl home ranges (Hunter et al. 1995, p.
688). The amount of habitat at the core
area scale shows the strongest
relationships with home range
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occupancy (Meyer et al. 1998, p. 34;
Zabel et al. 2003, p. 1036), survival
(Franklin et al. 2000, p. 567; Dugger et
al. 2005, p. 873), and reproductive
success (Ripple et al. 1997, pp. 155–156;
Dugger et al. 2005, p. 871). A more
complete description of the home range
is presented in Population Spatial
Requirements, below.
The size, configuration, and
characteristics of vegetation patches
within home ranges affect northern
spotted owl survival and reproduction,
a concept referred to as habitat fitness
potential (Franklin et al. 2000, p. 542).
Among studies that have estimated
habitat fitness potential, the effects of
forest fragmentation and heterogeneity
vary geographically. In the California
Klamath Province, locations for nesting
and roosting tend to be centered in
larger patches of old forest, but edges
between forest types may provide
increased prey abundance and
availability (Franklin et al. 2000, p.
579). In the central Oregon Coast Range,
northern spotted owls appear to benefit
from a mixture of older forests with
younger forest and nonforested areas in
their home range (Olson et al. 2004, pp.
1049–1050), a pattern similar to that
found in the California Klamath
Province. Courtney et al. (2004, p. 5–23)
suggest that although in general large
patches of older forest appear to be
necessary to maintain stable
populations of northern spotted owls,
home ranges composed predominantly
of old forest may not be optimal for
northern spotted owls in the California
Klamath Province and Oregon Coast
Ranges Province.
The northern spotted owl inhabits
most of the major types of coniferous
forests across its geographical range,
including Sitka spruce (Picea
sitchensis), western hemlock (Tsuga
heterophylla), mixed conifer and mixed
evergreen, grand fir (Abies grandis),
Pacific silver fir (A. amabilis), Douglasfir (Pseudotsuga menziesii), redwood
(Sequoia sempervirens)/Douglas-fir (in
coastal California and southwestern
Oregon), white fir (A. concolor), Shasta
red fir (A. magnifica var. shastensis),
and the moist end of the ponderosa pine
(Pinus ponderosa) zone (Forsman et al.
1984, pp. 15–16; Thomas et al. 1990, p.
145). Habitat for northern spotted owls
has traditionally been described as
consisting of four functional types:
Nesting, roosting, foraging, and
dispersal habitats. Recent studies
continue to support the practical value
of discussing northern spotted owl
habitat usage by classifying it into these
functional habitat types (Irwin et al.
2000, p. 183; Zabel et al. 2003, p. 1028;
Buchanan 2004, p. 1334; Davis and Lint
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2005, p. 21; Forsman et al. 2005, p. 372),
and data from studies are available to
describe areas used for these types of
activities, so we retain it here to
structure our discussion of the physical
or biological features of habitat essential
to the conservation of the northern
spotted owl.
Recent habitat modeling efforts have
also accounted for differences in habitat
associations across regions, which have
often been attributed to regional
differences in forest environments and
factors including available prey species
(USFWS 2011, p. C–7). These recent
advances allowed for modeling of
northern spotted owl habitat by regions
to account for: (1) The degree of
similarity between nesting/roosting and
foraging habitats based on prey
availability; (2) latitudinal patterns of
topology and climate; (3) regional
patterns of topography, climate, and
forest communities; and (4)
geographical distribution of habitat
elements that influence the range of
conditions occupied by northern
spotted owls (USFWS 2011, p. C–8).
Detailed characterizations of each of
these functional habitat types and their
relative distribution are described in
Physical or Biological Features, below.
Climate Change
There is growing evidence that recent
climate change has impacted a wide
range of ecological systems (Stenseth et
al. 2002, entire; Walther et al. 2002,
entire; Adahl et al. 2006, entire; Karl et
al. 2009, entire; Moritz et al. 2012,
entire; Westerling et al. 2011, p. S459;
Marlon et al. 2012, p. E541). Climate
change, combined with effects from past
management practices, is exacerbating
changes in forest ecosystem processes
and dynamics to a greater degree than
originally anticipated under the NWFP.
Environmental variation affects all
wildlife populations; however, climate
change presents new challenges as
systems may change beyond historical
ranges of variability. In some areas,
changes in weather and climate may
result in major shifts in vegetation
communities that can persist in
particular regions.
Climate change will present unique
challenges to the future of northern
spotted owl populations and their
habitats. Northern spotted owl
distributions (Carroll 2010, entire) and
population dynamics (Franklin et al.
2000, entire; Glenn et al. 2010, entire; et
al. 2011a, entire; Glenn et al. 2011b,
entire) may be directly influenced by
changes in temperature and
precipitation. In addition, changes in
forest composition and structure as well
as prey species distributions and
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71887
abundance resulting from climate
change may impact availability of
habitat across the historical range of the
subspecies. The Revised Recovery Plan
for the Northern Spotted Owl provides
a detailed discussion of the possible
environmental impacts to the habitat of
the northern spotted owl from the
projected effects of climate change
(USFWS 2011, pp. III–5 to III–11).
Because both northern spotted owl
population dynamics and forest
conditions are likely to be influenced by
large-scale changes in climate in the
future, we have attempted to account for
these influences in our designation of
critical habitat by recognizing that forest
composition may change beyond the
range of historical variation, and that
climate changes may have unpredictable
consequences for both Pacific Northwest
forests and northern spotted owls. This
critical habitat designation recognizes
that forest management practices that
promote ecosystem health under
changing climate conditions will be
important for northern spotted owl
conservation.
III. Previous Federal Actions
The northern spotted owl was listed
as a threatened species on June 26, 1990
(55 FR 26114); a description of the
relevant previous Federal actions up to
the time of listing can be found in that
final rule. On January 15, 1992, we
published a final rule designating
6,887,000 ac (2,787,000 ha) of Federal
lands in Washington, Oregon, and
California as critical habitat for the
northern spotted owl (57 FR 1796). On
January 13, 2003, we entered into a
settlement agreement with the American
Forest Resources Council, Western
Council of Industrial Workers, Swanson
Group Inc., and Rough & Ready Lumber
Company, to conduct a 5-year status
review of the northern spotted owl and
consider potential revisions to its
critical habitat (Western Council of
Industrial Workers (WCIW) v. Secretary
of the Interior, Civ. No. 02–6100–AA (D.
Or). On April 21, 2003, we published a
notice initiating the 5-year review of the
northern spotted owl (68 FR 19569), and
published a second information request
for the 5-year review on July 25, 2003
(68 FR 44093). We completed the 5-year
review on November 15, 2004,
concluding that the northern spotted
owl should remain listed as a threatened
species under the Act (USFWS 2004,
entire). On November 24, 2010, we
published in the Federal Register a
notice initiating a new 5-year review for
the northern spotted owl (75 FR 71726);
the information solicitation period for
this review was reopened from April 20,
2011, through May 20, 2011 (76 FR
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22139), and the completed review was
signed on September 29, 2011,
concluding that the northern spotted
owl was appropriately listed as a
threatened species.
In compliance with the settlement
agreement in the WCIW case, as
amended, we published a proposed
revised critical habitat rule in the
Federal Register on June 12, 2007 (72
FR 32450). On May 21, 2008, we
published a notice announcing the
availability of a Recovery Plan for the
Northern Spotted Owl (73 FR 29471;
May 21, 2008). We also announced the
availability of a draft economic analysis
on the proposed critical habitat
designation and the reopening of the
public comment period on the proposed
revised critical habitat designation. The
2008 recovery plan formed the basis for
the current designation of northern
spotted owl critical habitat. We
published a final rule revising the
critical habitat designation in the
Federal Register on August 13, 2008 (73
FR 47325).
Both the 2008 critical habitat
designation and the 2008 recovery plan
were challenged in court in Carpenters’
Industrial Council v. Salazar, Case No.
1:08–cv–01409–EGS (D.DC). In addition,
on December 15, 2008, the Inspector
General of the Department of the
Interior issued a report entitled
‘‘Investigative Report of The Endangered
Species Act and the Conflict between
Science and Policy,’’ which concluded
that the integrity of the agency decisionmaking process for the northern spotted
owl recovery plan was potentially
jeopardized by improper political
influence. As a result, the Federal
Government filed a motion in the
lawsuit for remand of the 2008 recovery
plan and the critical habitat designation
which was based on it. On September 1,
2010, the Court issued an opinion
remanding the 2008 recovery plan to us
for issuance of a revised plan within 9
months.
On September 15, 2010, we published
a Federal Register notice (75 FR 56131)
announcing the availability of the Draft
Revised Recovery Plan for the Northern
Spotted Owl, and opened a 60-day
comment period through November 15,
2010. On November 12, 2010, we
announced by way of press release an
extension of the comment period until
December 15, 2010. On November 30,
2010, we announced in the Federal
Register the reopening of the public
comment period until December 15,
2010 (75 FR 74073). At that time we also
announced the availability of a synopsis
of the population response modeling
results for public review and comment.
The supporting information regarding
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the modeling process was posted on our
Web site (https://www.fws.gov/
oregonfwo/). Of the approximately
11,700 comments received on the Draft
Revised Recovery Plan, many requested
the opportunity to review and comment
on more detailed information on the
habitat modeling process in Appendix
C. On April 22, 2011, we reopened the
comment period on Appendix C of the
Draft Revised Recovery Plan (76 FR
22720); this comment period closed on
May 23, 2011. On May 6, 2011, the
Court granted our request for an
extension of the due date for issuance of
the final revised recovery plan until July
1, 2011. We published the notice of
availability of the final Revised
Recovery Plan for the Northern Spotted
Owl in the Federal Register on July 1,
2011 (76 FR 38575).
On October 12, 2010, the Court
remanded the 2008 critical habitat
designation, which had been based on
the 2008 Recovery Plan for the Northern
Spotted Owl, and adopted the Service’s
proposed schedule to issue a new
proposed revised critical habitat rule for
public comment by November 15, 2011,
and a final rule by November 15, 2012.
The Court subsequently extended the
date for delivery of the proposed rule to
the Federal Register to February 28,
2012. A proposed revision to the
designated critical habitat for the
northern spotted owl was signed on
February 28, 2012 and published in the
Federal Register on March 8, 2012 (77
FR 14062), with a 3-month public
comment period. On May 8, 2012, we
announced an extension of the comment
period through July 6, 2012 (77 FR
27010). A June 1, 2012 Federal Register
notice announced the availability of the
associated draft economic analysis and
draft environmental assessment
(conducted under NEPA), and invited
the public to comment on these
documents through July 6, 2012 (77 FR
32483). We held seven public
information meetings and one public
hearing. Two public information
meetings were held each night in
Redding, California, on June 4, 2012; in
Tacoma, Washington, on June 12, 2012;
and in Roseburg, Oregon, on June 27,
2012. One public information meeting
was held in Portland, Oregon on June
20, 2012 and the public hearing was
held in Portland, Oregon, on June 20,
2012. On July 20, 2012, the Service sent
letters to all potentially affected
Counties and State fish and wildlife
agencies in Washington, Oregon and
California advising them of the
additional opportunity to comment
until August 20, 2012, to ensure that
they were able to thoroughly review and
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comment on the proposed rule as
provided by Section 4(b)(5)(A)(ii) of the
Act. In order to allow sufficient time for
interagency review, the Court extended
the time for delivery of the final rule to
the Federal Register to November 21,
2012.
IV. Changes From the Proposed Rule
In preparing this final revised critical
habitat designation for the northern
spotted owl, we reviewed and
considered comments from the public,
peer reviewers, and other interested
parties on the proposed revised
designation of critical habitat published
on March 8, 2012 (77 FR 14062). We
also reviewed and considered comments
on the draft environmental assessment
and draft economic analysis. As a result
of these comments and a reevaluation of
the revised proposed critical habitat
boundaries, we have made changes in
this final designation, as follows:
(1) We responded to peer-review,
public, stakeholder, and internal
comments on a wide variety of topics to
clarify and strengthen the supporting
rationale of this final designation,
clarify our meanings and descriptions,
and to refine specific aspects of the rule
to include emerging research or provide
additional explanation. Included in
these types of changes from the
proposed to final rule are the following:
• Clarifications to the language to
specify that northern spotted owl
occupancy data are not needed or
appropriate for an analysis of the effects
of an action on northern spotted owl
critical habitat.
• Clarifications to the language to
more clearly describe the potential
management of hazard trees in critical
habitat along roadways.
• In the Special Management
Considerations section, we reference
Recovery Action 10 from the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011), which focuses on
retaining existing northern spotted owls
on the landscape. We have edited those
references to clarify that management of
critical habitat and the section 7
evaluation under the Act that
management should focus on the
habitat’s ability to support nesting
northern spotted owls instead of
focusing on individual northern spotted
owls.
• To determine how to conduct those
evaluations under section 7 of the Act,
the proposed revised critical habitat
recommended assessing the impacts of
a timber management project in the
context of 500 ac (200 ha) around where
the impacts would occur. After
numerous discussions with section 7
practitioners in different parts of the
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range of the species, we are
recommending that the effects
determination for a section 7
consultation be conducted at a scale
consistent with ‘‘the localized biology of
the life-history needs of the northern
spotted owl (such as the stand scale, a
500-acre (200-ha) circle, or other
appropriate, localized scale).’’ Please see
detailed discussion of the distinction
between effects determination and the
adverse modification standard in the
section Determinations of Adverse
Effects and Application of the ‘‘Adverse
Modification’’ Standard.
• We have clarified that our
discussion of ecological forestry and
active management is intended for land
managers to consider when developing
management plans or planning projects,
as in many areas this approach may be
consistent with critical habitat for the
northern spotted owl, but that such
management is not mandated by the
Service and is not required as the result
of this rulemaking. We have also
clarified this issue in the final rule
language by stating that we have made
the 16 U.S.C. 1532(5)(A)(i)
determination that essential biological
and physical features in occupied areas
may require special management
considerations or protection, but that
the rule does not require land managers
to implement, or preclude land
managers from implementing, such
measures.
• We have provided land managers
with a discussion of relevant emerging
science and greater detail regarding the
appropriate application of active
management and ecological forestry to
benefit forest ecosystem restoration, as
recommended in the Revised Recovery
Plan for the Northern Spotted Owl. In
addition, we received extensive
comments regarding the appropriateness
of developing diverse early-seral forest
at the expense of older forest stands. We
have clarified language regarding
development of diverse, early-seral
forest to indicate that: (1) We do not
recommend these actions in older forest
stands or areas that currently function
as owl habitat; and (2) this type of
management is most appropriate where
more traditional forestry methods have
typically been conducted on matrix
lands. As stated in both the proposed
rule and in this final rule, our first
recommendation for northern spotted
owl critical habitat is the conservation
of old growth trees and forests on
Federal lands wherever they are found,
and to undertake appropriate restoration
treatment in the threatened forest types.
• We have clarified the relationship
between this revised designation of
critical habitat for the northern spotted
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owl and the Northwest Forest Plan.
Numerous commenters were concerned
that this critical habitat would
undermine the Standards and
Guidelines of the Northwest Forest Plan,
or enable timber harvest activities in
Late-Successional Reserves that would
not otherwise be permissible. We have
added language to the preamble to
clarify that the revised designation of
critical habitat does not supersede the
Standards and Guidelines of the
Northwest Forest Plan. Our discussion
of potential active management within
critical habitat is intended to encourage
land managers to consider the range of
management flexibility already
contained in the Northwest Forest Plan.
(2) In the proposed rule we requested
specific information regarding the
amount and distribution of northern
spotted owl habitat that should be
included in the designation. We refined
the designation based on input from
peer-review, public comment, and
comments from Federal land
management agencies, combined with
further evaluation of modeled
population response to the potential
revisions of the critical habitat network,
and including the following.
(A) Formal comments from the Forest
Service requested that we consider large
numbers of specific areas to be removed
from, or added to, critical habitat, submitted
to us in the form of GIS data. This proposal
would have greatly reduced matrix lands in
moist forest areas (Western Cascades, Oregon
Coast Range, and North Coast Olympics) and
eliminated Adaptive Management Areas and
Experimental Forests from critical habitat. In
addition, BLM requested removal of
approximately 300,000 acres of selected BLM
lands in western Oregon. We evaluated a new
map of relative habitat suitability (Composite
8, as described in our Modeling Supplement,
Dunk et al. 2012b) that incorporated all of
these requested changes. Population
modeling results for Composite 8 indicated
that many of the lands proposed for removal
were essential to conservation of the northern
spotted owl because the rangewide
population declined by 39 percent and
population risk increased by 44 percent. To
bring the spotted owl population results back
up to levels comparable to proposed critical
habitat, the final critical habitat designation
includes areas recommended by those
agencies for elimination (and that had been
removed in our test of Composite 8) because
we determined they are essential to the
conservation of the species. To increase
efficiency and ensure that the designation
included only occupied habitat containing
the features essential to conservation or
habitat that is otherwise essential to the
species’ conservation, we further refined the
boundaries of some subunits by moving the
boundaries to include more high-value
habitat while simultaneously and less lowervalue habitat in the network. To the greatest
degree possible, wherever possible we
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71889
removed matrix lands and incorporated
habitat in LSRs in this process.
(B) In response to peer review comments
about connectivity and population issues we
identified specific areas providing highsuitability habitat that were required to better
achieve population objectives in specific
lower-performing modeling regions. The
additional areas consisted solely of Federal
lands, primarily USFS LSR lands, that were
essential to provide connectivity between
populations in the Oregon Coast Ranges and
adjacent regions with larger spotted owl
populations, as pointed out in peer review
and public comments, and supported by
results of population modeling. In many
cases, areas added were specifically
identified by the USFS or BLM as lands that
should be added to compensate for removal
of other, lower value lands. To the degree
possible, we attempted to situate additions
within LSRs and balanced additions by
removing lower-quality areas in matrix land
allocations. In some cases, additions were
made to balance areas removed in (A) above.
No additional State or private lands were
designated in this process, and all areas are
within the critical habitat units as described
in the proposed rule.
The changes described in (A) and (B) above
had the desired effect of bringing population
results back up to levels similar to proposed
critical habitat, while simultaneously
reducing the area of matrix and lower-quality
habitat in the designation thus ensuring that
only essential habitat is designated. Overall,
about 318,296 acres of BLM and USFS lands
were removed from critical habitat, 74
percent (236,887 acres) of which were matrix
lands of relatively lower value to northern
spotted owls.
(C) We identified and removed lands based
on information we received during the public
comment period indicating that they did not
meet the definition of critical habitat. In
general, lands removed had recently lost
their ability to function as northern spotted
owl habitat either through stand-replacing
wildfire or through timber harvest conducted
after 2006 (the date of our most recent
comprehensive vegetation layer). When such
lands were identified, we removed them from
critical habitat because they were unlikely to
support northern spotted owls, and did not
contain the PCEs or could not be otherwise
considered essential.
(D) We further refined the critical habitat
boundaries to better conform to identifiable
landscape features or administrative
boundaries, and to improve consistency with
our goal of prioritizing high value Federal
lands to include in critical habitat while
removing relatively lower value lands in all
ownerships. The USFS provided a number of
specific suggestions in their public comment
for this type of refinement. Overall, these
refinements resulted in a small net reduction
of critical habitat area.
(E) Correcting ownership boundary errors
identified in peer-review and public
comment. When the underlying land
ownership was corrected, we determined that
some lands originally labeled as private lands
were in fact Federal or State lands.
In the State of Washington, in
response to public comment and upon
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further review using the underlying
aerial photo imagery from the 2011
National Agricultural Imagery Program
(NAIP) and Ruraltech’s 2007 forestland
parcel data, we determined that the vast
majority of Small Forest Landowner
parcels we examined had either highly
fragmented, little, or no northern
spotted owl habitat currently present.
Based on the combination of parcel size,
current habitat conditions, and spatial
distribution, we concluded that private
lands identified as Small Forest
Landowner parcels in the State of
Washington do not provide the PCEs for
northern spotted owls, nor are they
essential to the conservation of the
species; thus, these areas do not meet
the definition of critical habitat, and we
have removed them from the final
designation of critical habitat.
Also in the State of Washington, we
corrected ownership of Washington
Department of Fish and Wildlife
(WDFW) lands. In the proposed rule, we
identified 1,752 ac (709 ha) as under the
ownership of WDFW. In this rule, we
have corrected this acreage to 8,328 ac
(3,370 ha). This correction reflects a
land transfer between WDFW and the
Washington Department of Natural
Resources, as well as a mistaken usage
of a mineral rights GIS layer instead of
a landownership layer.
Additional changes that were made
were minor and included corrections of
mapping errors, removing lower value
areas that were inadvertently included,
or correctly identifying administrative
boundaries. Changes in total area are
detailed in Table 1, below, and are
shown by land ownership.
TABLE 1—LANDS IN THE PROPOSED REVISED CRITICAL HABITAT DETERMINED NOT TO CONTAIN THE PHYSICAL AND BIOLOGICAL FEATURES ESSENTIAL TO CONSERVATION OF THE NORTHERN SPOTTED OWL OR NOT OTHERWISE ESSENTIAL TO ITS CONSERVATION AND THEREFORE NOT INCLUDED IN FINAL CRITICAL HABITAT
State
Ownership
Washington .............................................................
Oregon ....................................................................
USFS ......................................................................
USFS ......................................................................
BLM ........................................................................
STATE ....................................................................
USFS ......................................................................
BLM ........................................................................
11,864
55,788
62,862
14,114
64,114
17,152
4,793
22,538
25,396
5,702
25,902
6,929
.................................................................................
225,894
91,261
California .................................................................
Total .................................................................
(3) We have exempted 14,313 ac
(5,782 ha) of Department of Defense
lands at Joint Base Lewis-McChord in
Washington from critical habitat for the
northern spotted owl, in accordance
with section 4(a)(3) of the Act (see
Exemptions). These lands comprised
subunit NCO–3 in the proposed revision
of critical habitat, and represented the
only entirely unoccupied unit of critical
habitat proposed for the northern
spotted owl.
(4) In the proposed revised rule (77
FR 14062; March 8, 2012), we identified
Acres
numerous areas under consideration for
exclusion from the final designation,
and solicited public comment on
whether the benefits of exclusion of
these lands would outweigh the benefits
of inclusion, for example, based on
active conservation agreements or
conservation plans. We did a thorough
evaluation of all the areas identified in
the proposed rule, as well as others
identified through our review and
through information received from the
public, and found that the benefits of
exclusion for many of these areas
Hectares
outweighed the benefits of inclusion in
critical habitat and that excluding these
areas will not lead to the extinction of
the species. Therefore, the Secretary is
exercising his discretion to exclude
specific areas covered under
conservation agreements, programs, and
partnerships under section 4(b)(2) of the
Act (see Exclusions section of this
document). The total area excluded
from the final critical habitat
designation under section 4(b)(2) of the
Act are given in Table 2, below, again
shown by land ownership.
TABLE 2—AREAS EXCLUDED FROM FINAL CRITICAL HABITAT UNDER SECTION 4(b)(2) OR EXEMPTED UNDER SECTION
4(a)(3) OF THE ACT
Proposed
area
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USFS ........................................................................
NPS ...........................................................................
Other Federal (Joint Base Lewis-McChord; 4(a)(3)
exemption) .............................................................
STATE ......................................................................
PRIVATE ...................................................................
Oregon: *
USFS ........................................................................
BLM ...........................................................................
NPS ...........................................................................
STATE ......................................................................
California:
USFS ........................................................................
BLM ...........................................................................
NPS ...........................................................................
STATE ......................................................................
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Proposed
area
Final area
Final area
Excluded or
exempted
Excluded or
exempted
(ac)
State (Ownership)
(ha)
(ac)
(ha)
(ac)
(ha)
3,601,564
835,510
1,455,032
337,546
2,909,739
0
1,177,528
0
680,197
835,510
274,800
337,546
14,313
226,708
178,310
5,782
91,590
72,037
0
8,328
0
0
3,370
0
14,313
218,380
178,310
5,782
88,225
72,037
3,555,630
1,297,529
35,161
228,733
1,436,475
524,202
14,205
92,408
3,114,637
1,230,417
0
212,798
1,260,448
497,932
0
86,116
458,965
25,785
35,161
0
185,422
10,417
14,205
0
2,367,916
186,082
127,913
215,333
956,638
75,177
51,677
86,995
1,933,411
98,195
0
70,444
782,423
39,738
0
28,508
389,387
70,735
127,913
144,889
157,312
28,577
51,677
58,487
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71891
TABLE 2—AREAS EXCLUDED FROM FINAL CRITICAL HABITAT UNDER SECTION 4(b)(2) OR EXEMPTED UNDER SECTION
4(a)(3) OF THE ACT—Continued
Proposed
area
Proposed
area
Final area
Final area
Excluded or
exempted
Excluded or
exempted
(ac)
State (Ownership)
(ha)
(ac)
(ha)
(ac)
(ha)
PRIVATE ...................................................................
1,091,747
441,066
0
0
1,091,747
441,066
Grand Totals ......................................................
13,962,449
5,640,829
9,577,969
3,876,064
4,271,291
1,725,553
(* Please note that no private lands in Oregon were proposed or included in this final designation.)
Note the difference in area between
the proposed and final rules will not
align exactly with the sum total of areas
removed because they did not meet the
definition of critical habitat and areas
excluded or exempted from the final
designation. Some minor discrepancies
in area are due to mapping errors in the
proposed designation have been
corrected here, and may not be readily
apparent through simple addition or
subtraction of the total areas identified
under various land categories. For
example, the proposed rule mistakenly
identified 16,031 ac (6,487 ha) of lands
under the ownership of SDS and
Broughton Lumber Companies in
Washington as under consideration for
exclusion. The accurate area included
within the proposed critical habitat was,
in fact, 2,035 ac (824 ha), and it is that
area, which was excluded from this
final designation, reflected in this final
rule. The difference of nearly 14,000 ac
(5,655 ha) will not be reflected in the
difference between areas proposed and
areas excluded in the final rule, as it
was not really in the proposed critical
habitat to begin with (and thus, was not
excluded).
The number of subunits in the final
critical habitat designation have
changed as a result of exclusions under
section 4(b)(2) or exemptions under
section 4(a)(3). There were 11 critical
habitat units and 63 subunits in the
proposed rule. Eleven critical habitat
units and 60 subunits comprise the final
designation. In the North Coast
Olympics, subunit NCO–3, composed
entirely of Department of Defense lands
at Joint-Base Lewis McChord, was
exempted from the final designation
under section 4(a)(3) of the Act (see
Exemptions). In the Redwood Coast
Region, subunits RDC–3 and RDC–4
were made up of private lands excluded
under section 4(b)(2) of the Act (see
Exclusions).
(5) Not all areas identified for
potential exclusion in the proposed
revised rule were excluded from the
final designation. Based on the best
available scientific information, we have
found that the benefits of excluding
other areas proposed or considered for
exclusion do not outweigh the benefits
of including them in the designation for
the reasons discussed below. Therefore,
the Secretary has determined not to
exercise his discretion to exclude these
lands. These areas are identified in
Table 3 and are discussed further,
below.
TABLE 3—LANDS THAT WERE PROPOSED FOR EXCLUSION, OR OTHERWISE CONSIDERED FOR EXCLUSION, WHICH ARE
RETAINED IN THE FINAL CRITICAL HABITAT DESIGNATION FOR THE NORTHERN SPOTTED OWL
Type
State
State Lands ..................................
State Lands ..................................
State Lands ..................................
Total ......................................
Landowner
Acres
Hectares
WA
OR
CA
CA
Washington Department of Fish and Wildlife Lands 1 .....................
Oregon Department of Forestry .......................................................
California State Forests ....................................................................
Local Government Lands 2 ...............................................................
8,328
212,798
49,760
20,684
3,370
86,116
20,137
8,371
.........
...........................................................................................................
291,570
117,994
(a) State, County, and Municipal Lands Not Excluded.
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California
We retained a relatively limited area
of State, County, and municipally
owned or managed lands in California.
Retained areas include lands managed
as State Forests, County Parks, and a
Municipal Water District. No habitat
conservation plans (HCPs) or sage
harbor agreements (SHAs) are currently
in place on these lands. Most of these
lands are in areas that have repeatedly
been identified as critical to maintaining
linkages among northern spotted owl
populations in California. These State
and County lands play an essential
conservation role in this area of limited
Federal ownership. Retaining these
lands in the critical habitat designation
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promotes movement of northern spotted
owls, and maintains the potential for
genetic interchange. Including these
lands would increase the awareness of
State, County and local agencies about
the status of and threats to spotted owls,
the conservation actions needed for
recovery, and the essential conservation
role this habitat plays. It also increases
the potential for educating visitors to
State Forests and County Parks and
Open Space areas about northern
spotted owl conservation needs.
Excluding these lands would have little
impact on regulatory burdens because
(a) current management of these lands is
generally consistent with maintenance
of habitat values, limiting the potential
for adverse effects to critical habitat, and
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Fmt 4701
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(b) management activities typically do
not involve a Federal nexus. Therefore,
the Secretary has chosen not to exclude
the following California State, County,
or municipal lands from the final
designation of critical habitat for the
northern spotted owl:
California Demonstration State
Forests—Two California State Forests
are included in the final critical habitat
designation: (1) Jackson Demonstration
State Forest (DSF), within subunit 2 in
the Redwood Coast CHU in Mendocino
County, California; and (2) Las Posadas
DSF within subunit 6 of the Interior
Coastal California CHU in Napa County,
California. The California Department of
Forestry and Fire Protection (CALFIRE)
requested that the Jackson DSF be
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excluded from the final critical habitat
designation for the northern spotted
owl.
CALFIRE developed the Las Posadas
DSF Management Plan (California
Department of Forestry and Fire
Protection, 1992) for the Las Posadas
DSF and characterizes current
management on the forest as
‘‘custodial.’’ Goals for fish and wildlife
under the plan include maintenance of
the ‘‘* * * Forest’s status as one of the
last relatively undisturbed fish and
wildlife habitats in Napa County.’’
However, the management plan is quite
dated, having been approved in 1992.
There is acknowledgment of the
presence of northern spotted owl
activity sites in the management plan,
but no specific provisions for owl
management or conservation actions in
the plan. There have been no publiclyavailable amendments or updates to the
plan since its enactment in 1992 and the
timeframe in which any revisions to the
plan may take place is uncertain. The
designation of critical habitat on these
lands would perform an important
educational function in highlighting
their essential role in owl conservation
as the State updates its plan and
conducts management activities. Habitat
within the plan area is not typical
forested habitat often associated with
the northern spotted owl but includes
oak woodlands and grasslands in this
southern part of the species range and
represents a unique ecological setting
for the species; the educational benefit
of including this area in critical habitat
is therefore high, as landowners may not
be aware that the northern spotted owl
inhabits this atypical habitat type. After
reviewing the information available, we
find that the benefits of including these
areas as critical habitat will assist in
maintaining linkages and movement
among and between northern spotted
owl populations, and heightening the
awareness and educating visitors of the
conservation role this habitat plays for
recovery of the northern spotted owl. As
a result we are not excluding the areas
designated as critical habitat within the
Las Posadas DSF.
CALFIRE has also developed a
management plan for the Jackson DSF
(Jackson Demonstration State Forest
Management Plan (dated January 2008)
and CALFIRE has requested that the
area be excluded from the final
designation. In their request for
exclusion CALFIRE stated that the
designation of the Jackson DSF as
critical habitat was unnecessary given:
(1) Extensive conservation planning and
environmental assessment has already
been completed for the area; (2) the
designation would potentially have
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negative impacts on the mission of the
Jackson DSF on implementing
restoration and research projects; (3)
that the draft economic analysis for the
proposed critical habitat concluded that
the designation would not affect timber
harvest on State lands; and (4)
designation does not provide
meaningful wildlife benefits any
different from those already in place.
The Service responds, as follows, to
the four elements in CALFIRE’S request
for exclusion. (1) While there are efforts
by CALFIRE in the development of a
forest management plan and
environmental assessment for the
Jackson DSF, the plan does not
specifically provide for northern spotted
owl conservation. We believe that the
Jackson DSF Management Plan
(CALFIRE, 2008) could provide
potential benefits to the northern
spotted owl, in that there is a high
likelihood that land allocations stated in
the plan, along with the long-term
desired conditions for forest
composition will improve habitat over
time. However, we find that: (a) Existing
management direction in the Plan
relating to the northern spotted owl is
vague; (b) the stated conservation policy
for the owl is limited to a takeavoidance strategy; and (c) while
CALFIRE collects monitoring data on
northern spotted owl activity sites on a
continuous basis, there is no apparent
strategy for evaluating that information
or applying it to the benefit of the
species. The only overt policy statement
in the 2008 Plan regarding the northern
spotted owl states that ‘‘* * * forest
management objectives * * * are to
maintain or increase the number and
productivity of nesting owl pairs
through forest management practices
that enhance nesting/roosting
opportunities and availability of a
suitable prey base.’’ The terms
‘‘maintain’’ and ‘‘increase’’ are not
supported with measurable standards or
targets; and there are no remedial
measures or mechanisms in the 2008
Plan that are triggered by a decrease in
activity sites or demographic
productivity. The northern spotted owl
conservation strategy in the 2008 Plan is
predicated on take-avoidance (CALFIRE
2008, pp. 109 and 267). Take avoidance
alone is not a sufficient conservation
strategy and it will not necessarily
satisfy CALFIRE’s direction to maintain
or increase owl activity sites or
demographic performance. If there are
local variations in the ‘‘true’’ optimal
forest conditions that support owl
occupancy, strict adherence to the takeavoidance provisions may not be
satisfactory and occupancy rates may
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Fmt 4701
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decrease, and there are no corrective
mechanisms in the 2008 Plan to account
for this possibility. This dual problem of
the suitability and occupancy of activity
sites is further complicated by barred
owl intrusion, and likewise is not
addressed by total reliance on a takeavoidance strategy. In addition, in the
monitoring chapter for the 2008 Plan we
find that there is continuous monitoring
of northern spotted owl activity sites
(CALFIRE 2008, p. 149), but it is not
spelled out in detail. (For example, it
does not include the detail and
adaptability (i.e., adaptive management
provisions) as are specified for instream
conditions and fisheries (CALFIRE
2008, pp. 153–154). In addition, the
2008 Plan does not appear to contain
guidance on how to process, evaluate,
and interpret the continuous data that is
currently being collected on northern
spotted owl activity sites, or on how to
apply that information to agency
decision-making in the event that
activity sites and demographic
performance are not maintained or
increased under the existing
management direction. In summary,
although the 2008 Jackson DSF
Management Plan can potentially
produce positive long-term outcomes for
the northern spotted owl, it contains an
incomplete conservation plan for the
species.
(2) We do not agree with CALFIRE’s
contention that the designation would
potentially have negative impacts on its
ability to implement restoration and
research projects. The fact that a Federal
agency (i.e., U.S. Forest Service) is a
research cooperator does not, by itself,
create a section 7 nexus. The Service
contacted the senior Forest Service
scientist connected with the research
program at Jackson DSF who described
the Forest Service research activities as
simply a scientific examination of the
State’s proposed actions. At this time,
we see no Federal regulatory
mechanism in connection with the
Jackson DSF’s existing cooperative
research program that would trigger
consultation under section 7 of the Act.
Therefore, we believe any regulatory
burden from designation would be
minimal.
(3) The Service agrees with
CALFIRE’s observation, in their July 6,
2012 correspondence, that the economic
analysis rightly concluded that critical
habitat designation would have no effect
on Jackson DSF harvest levels. The only
potential effect on harvest schedules
would occur if Federal permits or
grants-of-funds were connected to the
harvest activity.
(4) We disagree with CALFIRE’s
position that ‘‘designation would
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provide no meaningful wildlife benefits
from those already in place.’’ Our
response to item 1, above, indicates that
there are potentially meaningful
informational benefits that may assist
implementation of the existing Jackson
DSF Management Plan. We believe
designating these lands as critical
habitat would serve a very important
informational function as the
management plan is implemented; it
would highlight the fact that this habitat
is essential to the conservation of the
northern spotted owl.
While acknowledging that the 2008
Management Plan contains many
features that have the potential to
benefit the northern spotted owl over
the long term, and also recognizing that
there several remediable omissions in
that Plan, the Secretary has elected not
to exclude Jackson Demonstration State
Forest from critical habitat designation
under section 4(b)(2) of the Act because
we believe that the educational and
informational benefits of inclusion
outweigh the benefits of exclusion.
Mount Tamalpais Municipal
Watershed of the Marin Municipal
Water District—We are not excluding
the Mount Tamalpais Watershed
(Watershed) from critical habitat
designation. The Watershed (18,500 ac
(7,487 ha)) is administered by the Marin
Municipal Water District (MMWD) in
Marin County, California. The
Watershed is flanked on all sides by
public parks, county-administered open
space areas, grazing land, and
residential areas within the triangle
formed by U.S. Highway 101, California
State Route 1 and Sir Francis Drake
Boulevard. The MMWD currently does
not operate under a conservation plan
such as an HCP or SHA.
A key management consideration for
the MMWD is the practical need to limit
sediment delivery thereby extending the
service life of the five reservoirs within
the Watershed (Kent, Alpine, Bon
Tempe, Lagunitas, and Phoenix Lakes).
To that end, the policy of the MMWD
is to maintain land in a natural
condition and limit human activities to
those that have the least impact on the
Watershed. Within specified
constraints, permitted public activities
include hiking, bicycling, horseback
riding, fishing and picnicking. Camping,
swimming and boating are prohibited.
There is limited public motor vehicle
access into the Watershed on Panoramic
Highway, Ridgecrest Boulevard and the
Fairfax-Bolinas Road. These roads
mostly access scenic vistas and day use
areas around the reservoirs. The
remainder of the road network in the
Watershed is dedicated for firefighter
access and administrative use, and is
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closed to public motor vehicles. The
MMWD has produced several current
management plans addressing specific
subject areas, including public access,
vegetation management, road and trail
management, and long term fire and
fuels management. Several elements in
those plans are compatible with longterm northern spotted owl conservation.
However, there is no explicit discussion
about long-term owl management in any
of the MMWD’s planning documents.
The upcoming Vegetation Management
Plan (projected in 2013) may provide
additional information that is relevant
to northern spotted owl habitat
management. We are not aware of any
substantial benefits to excluding these
areas from critical habitat and find that
there would be significant educational
benefits to including them in the
designation in that it would highlight
the significance this area has for
northern spotted owl conservation in
future planning efforts.
Marin County Parks and Open Space
Department—We have included in the
designation six Open Space Preserves
(OSPs) totaling 3,626 ac (1,467 ha)
administered by the Marin County
(California) Parks and Open Space
Department (Department). We have
designated three contiguous OSPs
adjacent to the Mount Tamalpais
Watershed and south of the
communities of Lagunitas and Fairfax
including Gary Giacomini (1,476 ac (597
ha)), White Hill (390 ac (158 ha)), and
Cascade Falls (498 ac (202 ha)). We have
also designated three contiguous OSPs
adjacent the Watershed and west of the
community of Corte Madera including
Baltimore Canyon (193 ac (78 ha)),
Blithedale Summit (899 ac (364 ha), and
Camino Alto (170 ac (69 ha). The Parks
Department currently does not operate
under a conservation plan such as an
HCP or SHA.
Park management emphasizes nonmotorized public use. Five of the six
OSPs are served only by fire roads that
are closed to public motor vehicle
access. The exception is the Camino
Alto OSP which is flanked on the east
by a public street. Several land
management elements in the park
system strategic plan (Marin County
Parks and Open Space Department,
2008) are compatible with northern
spotted owl. However, there is no
explicit discussion about long term owl
management in this planning document.
We are not aware of any substantial
benefits to excluding these areas from
critical habitat and find that there
would be significant educational
benefits to including them in the
designation.
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71893
Sonoma County Regional Parks
Department—Lands within Hood
Mountain Regional Park, administered
by the Sonoma County (California)
Regional Parks Department (SCRPD), are
included in the designation in subunit
6 of the Interior California Coast CHU.
The proposed critical habitat
designation includes all, or portions of,
four assessor’s parcels totaling 460 ac
(186 ha) within the park boundary. The
SCRPD does not operate under an HCP
or SHA.
Hood Mountain Regional Park is
minimally roaded; the Sonoma County
General Plan of 2008 indicates a modest
program of trail construction and
management within the countywide
regional parks system. Public
information materials, along with maps
showing the local road network, and the
types and locations of facilities within
Hood Mountain Regional Park, indicate
that the SCRPD is emphasizing nonmotorized recreation and protection of
undeveloped land. Through public
information sources in Sonoma County,
we located a mission statement for the
SCRPD but were unable to find any
planning or guidance documents to
indicate how the regional parks system
would be managed over the long term.
The absence of planning direction and
the reasons for inclusion are similar to
those for the Marin Municipal Water
District and for the Marin County Parks
and Open Space Department. We are not
aware of any substantial benefits to
excluding these areas from critical
habitat and find that there would be
significant educational benefits to
including them in the designation.
Oregon
In Oregon, we considered excluding
228,733 ac (92,565 ha) of State lands
managed by the Oregon Department of
Forestry (ODF). These lands contain
both demographically productive sites
for northern spotted owls and provide
connectivity linkages among northern
spotted owl populations in the Oregon
Coast and North Coast-Olympic
Modeling Regions. These lands are not
currently managed under any sort of
conservation plan or agreement with the
Service, but are managed by ODF for
multiple benefits including commodity
production.
The State of Oregon has indicated that
the designation of their lands as critical
habitat would have ‘‘virtually no
impact—positive or negative * * *’’ on
either the management of their lands or
their ability to pursue HCPs, SHAs or
other conservation agreements (ODF in
litt.). This is because there is rarely a
Federal nexus that would trigger Service
regulatory authority, such as the section
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7 consultation process and the adverse
modification analysis. Thus, there
would be little negative impact of
including State lands in the critical
habitat designation.
Inclusion of these lands in the critical
habitat designation highlights their
essential conservation role and provides
opportunities for educating visitors to
these areas, nearby landowners, and
ODF about the potential conservation
contribution of these lands to northern
spotted owls. If ODF were to pursue
some sort of conservation agreement,
this critical habitat designation would
provide a blueprint not only for the
lands that would be essential to include
in such an effort but also the types of
management that would be appropriate
there. If ODF does not pursue such an
effort this designation clearly indicates
the value of these lands for the
conservation of the northern spotted
owl. We believe the value of the
information included in the designation
would provide an opportunity for
management direction that focuses on
benefits to the species.
Because we are unaware of any
negative impacts of including these ODF
lands, the benefits of exclusion do not
outweigh the benefits of inclusion for
these lands, and the Secretary has
chosen not to exercise his discretion to
exclude these State of Oregon lands
from the final designation.
Washington
In Washington we proposed or
considered excluding 226,869 ac
(91,811 ha) of State lands managed by
the Washington Department of Natural
Resources (225,013 ac; 91,059 ha),
Washington State Parks (104 ac; 42 ha),
and Washington Department of Fish and
Wildlife (8,328 ac; 3,370 ha). We
excluded the lands managed by the
Washington Department of Natural
Resources from the final designation
based on their HCP, and excluded 104
ac (42 ha) of State Parks and Department
of Fish and Wildlife Lands (see
Exclusions). We retained 8,328 ac (3,370
ha) of State-owned lands managed by
the State Department of Fish and
Wildlife for wildlife habitat in the final
designation. No conservation
agreements are currently in place on
these lands, but some could be covered
by an HCP which is currently under
development. Most of these lands are
located in the central Cascades in an
area that has repeatedly been identified
as critical to maintaining linkages
among spotted owl populations in
Washington. These State lands play an
essential conservation role in this area
of limited or checkerboard Federal
ownership. Retaining these lands in the
critical habitat designation promotes
movement of northern spotted owls
between the northern and southern
Cascades Range, as well as between the
western and eastern slopes of the
Cascades. Including these State lands
would increase the awareness of State
agencies about the essential
conservation role these lands play and
the conservation actions needed for
recovery. Excluding these lands would
impose little regulatory burden because
(a) management of these lands is
consistent with maintenance of habitat
values, limiting the potential for adverse
effects to critical habitat, and (b)
management activities typically do not
involve a Federal nexus. Therefore, the
Secretary has chosen not to exercise his
discretion to exclude lands managed by
the Washington Department of Fish and
Wildlife from the final designation of
critical habitat for the northern spotted
owl.
Summary of Changes From the
Proposed Rule
The areas identified in this final rule
constitute a revision from the areas we
designated as critical habitat for the
northern spotted owl in 2008 (August
13, 2008; 73 FR 47326), which was a
revision of the areas we initially
designated as critical habitat for the
northern spotted owl in 1992 (January
15, 1992; 57 FR 1796; see Changes from
Previously Designated Critical Habitat,
below). This final rule supersedes and
replaces both of these earlier
designations. The changes to the
proposed revised critical habitat
designation identified above result in a
final designation of 9,577,969 ac
(3,876,064 ha), a decrease of 4,197,484
ac (1,689,072 ha) from the 13,962,449 ac
(5,649,660 ha) identified as meeting the
definition of critical habitat in the
March 8, 2012 (77 FR 14062) proposed
rule (Table 4, below).
TABLE 4—DIFFERENCES BETWEEN PROPOSED AND FINAL REVISED CRITICAL HABITAT. TOTALS MANY NOT SUM DUE TO
ROUNDING (ROUNDED TO NEAREST 100 UNITS). SMALL DIFFERENCES BETWEEN THE PROPOSED AND FINAL REVISED
CRITICAL HABITAT THAT ARE NOT NOTED AS ADDITIONS OR DELETIONS ARE THE RESULT OF CORRECTIONS OF THE
GIS MAP AND ROUNDING ERROR
Proposed
acres
Critical habitat unit
Proposed
hectares
Final
acres
Final
hectares
1,919,469
526,810
1,276,450
1,111,679
1,291,606
1,595,821
891,154
1,550,747
1,353,045
820,832
1,624,836
775,465
212,831
515,686
449,118
521,809
644,712
360,026
626,502
546,630
331,616
656,434
1,345,523
368,381
941,568
1,052,731
1,197,389
824,500
859,864
180,855
909,687
542,274
1,355,198
544,514
149,078
381,039
426,025
484,565
333,663
347,975
73,189
368,136
219,450
548,429
Total ..........................................................................................................
srobinson on DSK4SPTVN1PROD with
East Cascades North .......................................................................................
East Cascades South ......................................................................................
Inner California Coast Ranges ........................................................................
Klamath East ...................................................................................................
Klamath West ..................................................................................................
North Coast Olympic .......................................................................................
Oregon Coast Ranges .....................................................................................
Redwood Coast ...............................................................................................
West Cascades Central ...................................................................................
West Cascades North ......................................................................................
West Cascades South .....................................................................................
13,962,449
5,640,829
9,577,969
3,876,064
V. Changes From Previously Designated
Critical Habitat
In 2008, we designated 5,312,300 ac
(2,149,800 ha) of Federal lands in
California, Oregon, and Washington as
critical habitat for the northern spotted
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owl (73 FR 47326; August 13, 2008). In
this revision, we are designating
9,577,969 ac (3,876,064 ha) as critical
habitat for the northern spotted owl. We
have revised the designation of critical
habitat for the northern spotted owl to
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be consistent with the most current
assessment of the conservation needs of
the species, as described in the 2011
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, Appendix
B). In this final designation, 4,085,808
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srobinson on DSK4SPTVN1PROD with
ac (1,653,468 ha) are the same as in the
2008 designation. Of the current
designation, 5,679,162 ac (2,298,275 ha)
are lands not formerly designated in
2008, and 1,229,119 ac (497,405 ha) of
lands that were included in the former
designation are not included here, for
reasons detailed below.
This revision of critical habitat
represents an increase in the total land
area identified from previous
designations in 1992 and 2008. This
increase in area is due, in part, to: (a)
The unanticipated steep decline of the
northern spotted owl and the impact of
the barred owl, requiring larger areas of
habitat to maintain sustainable spotted
owl populations in the face of
competition with the barred owl (e.g.,
Dugger et al. 2011, p. 2467); (b) the
recommendation from the scientific
community that the conservation of
more occupied and high-quality habitat
is essential to the conservation of the
species (Forsman et al. 2011, p. 77); (c)
the need to provide for redundancy in
northern spotted owl populations, by
maintaining sufficient suitable habitat
for northern spotted owls on a
landscape level in areas prone to
frequent natural disturbances, such as
the drier, fire-prone regions of its range
(in other words, ‘‘back-up’’ areas of
habitat so that owls have someplace to
go if their habitat burns or trees die due
to insect infestation, etc.) (Noss et al.
2006, p. 484; Thomas et al. 2006, p. 285;
Kennedy and Wimberly 2009, p. 565);
and (d) in contrast to the previous
critical habitat designation, the
inclusion of some State lands in areas
where Federal lands are not sufficient to
meet the conservation needs of the
northern spotted owl.
The new delineation of areas
determined to provide the physical or
biological features essential for the
conservation of the northern spotted
owl, or otherwise determined to be
essential for the conservation of the
species, was based, in part, on an
improved understanding of the forest
characteristics and spatial patterns that
influence habitat usage by northern
spotted owls which were incorporated
into the latest population evaluation
and mapping technology. The modeling
process we used to evaluate alternative
critical habitat scenarios differed
fundamentally from the conservation
planning approach used to inform the
1992 and 2008 designations of critical
habitat for the northern spotted owl.
These past designations relied on a
priori (predefined) rule sets derived
from the best scientific information and
expert judgment available at that time
regarding the size of reserves or habitat
conservation blocks, target number of
spotted owl pairs per reserve or block,
and targeted spacing between reserves
or blocks (USFWS 2011, p. C–4), which
we then assessed and refined based on
local conditions. This revised
designation reflects our use of a series
of spatially explicit modeling processes
to determine those specific areas where
biological features are essential to the
conservation of the northern spotted
owl, and in the case of unoccupied
habitat, to determine the areas that are
otherwise essential to the conservation
of the owl, as described in Criteria Used
to Identify Critical Habitat. These
models enabled us to compare potential
critical habitat scenarios in a repeatable
and scientifically accepted manner
(USFWS 2011, p. C–4), using current
tools that capitalize on new spatial
information and algorithms (rule sets to
solve problems) for identifying the most
efficient habitat network containing
what is essential for conservation.
The areas designated are lands that
were occupied at the time of listing and
that currently provide suitable nesting,
roosting, foraging, or dispersal habitat
for northern spotted owls, or that are
otherwise essential to the conservation
of the species. However, as noted above,
not every site of known owl occupancy,
either at present or at the time of listing,
is included in the designation. We did
not include owl sites if they were
isolated from other known occurrences
or in areas of marginal habitat quality
such that they were unlikely to make a
significant contribution to the
conservation of the species, and
therefore were not considered to
provide the essential features.
The critical habitat network
development and evaluation strategy we
used attempted to maximize the
efficiency of the network by prioritizing
Federal lands. Utilization of new
scientific information and advanced
modeling techniques accounts for many
of the changes in the revised critical
habitat; in particular, the location of
71895
areas essential to northern spotted owls
may have shifted from previous
designations based on the best
information available regarding the
spatial distribution of high-value
habitat. These advances include
improvements in remotely-sensed
vegetation data, use of models that
better identify spatial configurations of
habitat features important to owls, and
assessment of relative population
performance of northern spotted owls
under different critical habitat
designations. In addition, negative
effects of barred owls on northern
spotted owl populations were
incorporated into the modeling process.
Late-successional reserves (LSRs)
were not prioritized in this approach
based solely on their status as a reserved
land allocation, but were included in
the 2012 designation only where the
habitat quality was high enough to meet
the selection criteria. In contrast, the
2008 critical habitat identified lands in
part based on status as LSRs. However,
LSRs were not originally designed
under the NWFP solely to meet the
needs of the northern spotted owl, but
may include areas designated for other
late-successional forest species.
Therefore, not all LSRs contain habitat
of sufficient quality to be included in
the critical habitat network for the
northern spotted owl. Connected to the
decision to designate lands in part
because of their status as LSRs, we did
not include NWFP matrix on Forest
Service lands in 2008. In this
designation we have included NWFP
matrix lands where they contain high
quality habitat essential to the species’
conservation. As described in the
section Changes from the Proposed
Rule, we tested a habitat network that
did not include many of these highvalue matrix lands; doing so led to a
significant increase in the risk of
extinction for the species, therefore
these lands are retained in this final
designation.
Table 5 shows a comparison of areas
included in the 2008 designation and
those included in this revision to
critical habitat. The process we used to
determine occupied areas containing
essential features and unoccupied areas
essential to the conservation of the
species is described in Criteria Used to
Identify Critical Habitat.
TABLE 5—COMPARISON OF AREA INCLUDED IN 2008 CRITICAL HABITAT AND 2012 CRITICAL HABITAT BY REGION. THE 11
REGIONS ARE DESCRIBED IN DETAIL IN THE PROPOSED REVISED CRITICAL HABITAT DESIGNATION SECTION
2012 Critical habitat
2008 Final critical habitat
Modeling region
acres
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824,500
hectares
333,663
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acres
485,039
hectares
196,289
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TABLE 5—COMPARISON OF AREA INCLUDED IN 2008 CRITICAL HABITAT AND 2012 CRITICAL HABITAT BY REGION. THE 11
REGIONS ARE DESCRIBED IN DETAIL IN THE PROPOSED REVISED CRITICAL HABITAT DESIGNATION SECTION—Continued
2012 Critical habitat
2008 Final critical habitat
Modeling region
acres
hectares
acres
hectares
859,864
180,855
542,274
909,687
1,355,198
1,345,523
368,381
1,052,731
1,197,389
941,568
347,975
73,189
219,450
368,136
548,429
544,514
149,078
426,025
484,565
381,039
507,082
70,153
390,232
546,333
700,421
687,702
207,291
667,795
667,795
535,863
205,209
28,390
157,921
221,093
283,450
278,303
83,888
270,247
270,247
216,856
Grand total ................................................................................................
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Oregon Coast ..................................................................................................
Redwood Coast ...............................................................................................
West Cascades North ......................................................................................
West Cascades Central ...................................................................................
West Cascades South .....................................................................................
East Cascades North .......................................................................................
East Cascades South ......................................................................................
Klamath East ...................................................................................................
Klamath West ..................................................................................................
Inner California Coast Ranges ........................................................................
9,577,969
3,876,064
5,312,327
2,149,823
The reduction in the number of
critical habitat units from 33 in 2008 to
11 in 2012 is a reflection, in part, of our
decision to aggregate habitat by regions.
The 2008 designation included 33
critical habitat units; the 2012 revision
includes 11 critical habitat units with 60
subunits.
Our determination of PCEs in this
revised designation incorporates new
information resulting from research
conducted since the last revision in
2008. This new information, along with
relevant older studies, allowed us to
include a higher level of specificity in
the PCEs in this revision. This final rule
also includes two changes in overall
organization. The 2008 revised
designation considered nesting and
roosting habitat as separate PCEs. In this
designation, we have combined these
habitat types, because northern spotted
owls generally use the same habitat for
both nesting and roosting; they are not
separate habitat types, and function
differs only based on whether a nest
structure is present. At the scale of a
rangewide designation of critical
habitat, nesting and roosting habitats
cannot be systematically distinguished,
and, therefore, we combined them in
our analysis and resulting rulemaking.
For project planning and management of
northern spotted owls at the local scale,
the distinction between nesting and
roosting habitat remains useful,
especially in portions of the subspecies’
range where nesting structures are
conspicuous (e.g., mistletoe brooms).
The second organizational change was
to subdivide the range of the northern
spotted owl into four separate regions,
and to describe PCEs for foraging habitat
separately for each of these to provide
more appropriate region-specific
information.
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VI. Critical Habitat
Background
Critical habitat is defined in section 3
of the Act as:
(1) The specific areas within the
geographical area occupied by the
species, at the time it is listed in
accordance with the Act, on which are
found those physical or biological
features;
(a) Essential to the conservation of the
species; and
(b) Which may require special
management considerations or
protection; and
(2) Specific areas outside the
geographical area occupied by the
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species.
Conservation, as defined under
section 3 of the Act, means to use and
the use of all methods and procedures
that are necessary to bring an
endangered or threatened species to the
point at which the measures provided
pursuant to the Act are no longer
necessary. Such methods and
procedures include, but are not limited
to, all activities associated with
scientific resources management such as
research, census, law enforcement,
habitat acquisition and maintenance,
propagation, live trapping, and
transplantation, and, in the
extraordinary case where population
pressures within a given ecosystem
cannot be otherwise relieved, may
include regulated taking.
Critical habitat receives protection
under section 7 of the Act through the
requirement that Federal agencies
ensure, in consultation with the Service,
that any action they authorize, fund, or
carry out is not likely to result in the
destruction or adverse modification of
critical habitat. The designation of
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critical habitat does not affect land
ownership or establish a refuge,
wilderness, reserve, preserve, or other
conservation area. Such designation
does not allow the government or public
to access private lands. Such
designation does not require
implementation of restoration, recovery,
or enhancement measures by nonFederal landowners. Where a landowner
requests Federal agency funding or
authorization for an action that may
affect a listed species or critical habitat,
the consultation requirements of section
7(a)(2) of the Act would apply, but even
in the event of a destruction or adverse
modification finding, the obligation of
the Federal action agency and the
landowner is not to restore or recover
the species, but to implement
reasonable and prudent alternatives to
avoid destruction or adverse
modification of critical habitat.
Under the first prong of the Act’s
definition of critical habitat, areas
within the geographical area occupied
by the species at the time it was listed
are included in a critical habitat
designation if they contain physical or
biological features: (1) Which are
essential to the conservation of the
species, and (2) which may require
special management considerations or
protection. For these areas, critical
habitat designations identify, to the
extent known using the best scientific
and commercial data available, those
physical or biological features that are
essential to the conservation of the
species (such as space, food, cover, and
protected habitat). In identifying those
physical or biological features within an
area, we focus on the principal
biological or physical constituent
elements (PCEs—primary constituent
elements such as roost sites, nesting
grounds, rainfall, canopy cover, soil
type) that are essential to the
conservation of the species.
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Under the second prong of the Act’s
definition of critical habitat, we can
designate critical habitat in areas
outside the geographical area occupied
by the species at the time it is listed,
upon a determination that such areas
are essential for the conservation of the
species. For example, an area that was
not occupied at the time of listing but
is essential to the conservation of the
species may be included in the critical
habitat designation. We designate
critical habitat in areas outside the
geographical area occupied by a species
only when a designation limited to its
range would be inadequate to ensure the
conservation of the species (50 CFR
424.12(e)).
Section 4 of the Act requires that we
designate critical habitat on the basis of
the best scientific and commercial data
available. Further, our Policy on
Information Standards Under the
Endangered Species Act (published in
the Federal Register on July 1, 1994 (59
FR 34271)), the Information Quality Act
(section 515 of the Treasury and General
Government Appropriations Act for
Fiscal Year 2001 (Pub. L. 106–554; H.R.
5658)), and our associated Information
Quality Guidelines, provide criteria,
establish procedures, and provide
guidance to ensure that our decisions
are based on the best scientific data
available. They require our biologists, to
the extent consistent with the Act and
with the use of the best scientific data
available, to use primary and original
sources of information as the basis for
recommendations to designate critical
habitat.
When we are determining which areas
should be designated as critical habitat,
our primary source of information is
generally the information developed
during the listing process for the
species. Additional information sources
may include the recovery plan for the
species, articles in peer-reviewed
journals, conservation plans developed
by States and counties, scientific status
surveys and studies, biological
assessments, other unpublished
materials, or experts’ opinions or
personal knowledge.
Habitat is dynamic, and northern
spotted owls may move from one area
to another over time. We recognize that
critical habitat designated at a particular
point in time may not include all of the
habitat areas that we may later
determine are necessary for the recovery
of the species. For these reasons, a
critical habitat designation does not
signal that habitat outside the
designated area is unimportant or may
not be needed for recovery of the
species. Areas that are important to the
conservation of the species, both inside
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and outside the critical habitat
designation, will continue to be subject
to: (1) Conservation actions
implemented under section 7(a)(1) of
the Act, (2) regulatory protections
afforded by the requirement in section
7(a)(2) of the Act for Federal agencies to
insure their actions are not likely to
jeopardize the continued existence of
any endangered or threatened species,
and (3) the prohibitions of section 9 of
the Act on taking any individual of the
species, including taking caused by
actions that affect habitat. Federally
funded or permitted projects affecting
listed species outside their designated
critical habitat areas may still result in
jeopardy findings in some cases. These
protections and conservation tools will
continue to contribute to recovery of
this species. Similarly, critical habitat
designations made on the basis of the
best available information at the time of
designation will not control the
direction and substance of future
recovery plans, habitat conservation
plans (HCPs), or other species
conservation planning efforts if new
information available at the time of
these planning efforts calls for a
different outcome.
Physical or Biological Features
In accordance with section 3(5)(A)(i)
and 4(b)(1)(A) of the Act and regulations
at 50 CFR 424.12, in determining which
areas within the geographical area
occupied by the species at the time of
listing to designate as critical habitat,
we consider the physical or biological
features essential to the conservation of
the species and which may require
special management considerations or
protection. These include, but are not
limited to:
(1) Space for individual and
population growth and for normal
behavior;
(2) Food, water, air, light, minerals, or
other nutritional or physiological
requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, or
rearing (or development) of offspring;
and
(5) Habitats that are protected from
disturbance or are representative of the
historical, geographical, and ecological
distributions of a species.
For the northern spotted owl, the
physical or biological features essential
to the conservation of the species are
forested areas that are used or likely to
be used for nesting, roosting, foraging,
or dispersing. The specific
characteristics or components that
comprise these features include, for
example, specific ranges of forest stand
density and tree size distribution; coarse
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woody debris; and specific resources,
such as food (prey and suitable prey
habitat), nest sites, cover, and other
physiological requirements of northern
spotted owls and considered essential
for the conservation of the species.
Below, we describe the life-history
needs of the species and the broader
physical or biological features essential
to the conservation of the northern
spotted owl, which informed our
identification of the primary constituent
elements (PCEs). The following
information is based on studies of the
habitat, ecology, and life history of the
species, as described in the final listing
rule for the northern spotted owl,
published in the Federal Register on
June 26, 1990 (55 FR 26114); the
Revised Recovery Plan for the Northern
Spotted Owl released on June 30, 2011
(USFWS 2011); the Background section
of this document; and the following
information.
Although the northern spotted owl is
typically considered a habitat and prey
specialist, it uses a relatively broad
array of forest types for nesting,
roosting, foraging, and dispersal. The
diversity of forest types used is a
reflection of the large geographical range
of this subspecies, and the strong
gradation in annual precipitation and
temperature associated with both
coastal mountain ranges and the
Cascade Range. While the northern
spotted owl is unquestionably
associated with old-growth forests,
habitat selection and population
performance involves many additional
features (Loehle et al. 2011, p. 20). This
description of physical or biological
features summarizes both variation in
habitat use and particular features or
portions of the overall gradient of
variation that northern spotted owls
preferentially select, and that we,
therefore, consider essential to their
conservation. We begin by considering
the broad-scale patterns of climate,
elevation, topography, and forest
community type that act to influence
northern spotted owl distributions and
space for population growth and
dispersal. We then discuss the
abundance and pattern of habitats used
for nesting, roosting, and foraging at the
landscape scale that influence the
availability and occupancy of breeding
sites and the survival and fecundity of
northern spotted owls. Thus, we begin
by considering factors that operate at
broader spatial scales and proceed to
factors that influence habitat quality at
the forest stand scale. When we discuss
the physical or biological features, we
focus on features that are common range
wide, but also summarize specific
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srobinson on DSK4SPTVN1PROD with
features or patterns of habitat selection
that characterize particular regions.
Physical Influences Related to Features
Essential to the Northern Spotted Owl
Climate, elevation, and topography
are features of the physical environment
that influence the capacity of a
landscape to support habitat with high
value for northern spotted owls and the
type of habitat needed by the species.
The distribution and amount of habitat
on the landscape reflects interactions
among these physical elements. Several
studies have found that physical aspects
of the environment, such as topographic
position, aspect, and elevation,
influence the northern spotted owl’s
selection of habitat (e.g., Clark 2007, pp.
97–111; Stalberg et al. 2009, p. 80).
These features are also factors in
determining the type of habitats
essential to northern spotted owl
conservation.
Climate—Population processes for
northern spotted owls are affected by
both large-scale fluctuations in climate
conditions and by local weather
variation (Glenn 2009, pp. 246–248).
The influence of weather and climate on
northern spotted owl populations has
been documented in northern California
(Franklin et al. 2000, pp. 559–583),
Oregon (Olson et al. 2004, pp. 1047–
1052; Dugger et al. 2005, pp. 871–877;
Glenn et al. 2010, pp. 2546–2551), and
Washington (Glenn et al. 2010, pp.
2546–2551). Climate and weather effects
on northern spotted owls are mediated
by vegetation conditions, and the
combination of climate and vegetation
variables improves models designed to
predict the distribution of northern
spotted owls (e.g., Carroll 2010, pp.
1434–1437).
Climate niche models for the northern
spotted owl identified winter
precipitation as the most important
climate variable influencing ability to
predict the distribution of northern
spotted owl habitat (Carroll 2010, p.
1434). This finding is consistent with
previous demographic studies that
suggest there are negative effects of
winter and spring precipitation on
survival, recruitment, and dispersal
(Franklin et al. 2000; pp. 559–583).
Niche modeling suggested that
precipitation variables, both in winter
and in summer, were more influential
than winter and summer temperatures
(Carroll 2010, p. 1434–1436).
Wet, cold weather during the winter
or nesting season, particularly the early
nesting season, has been shown to
negatively affect northern spotted owl
reproduction (Olson et al. 2004, p. 1039;
Dugger et al. 2005, p. 863; Glenn et al.
2011b, p. 1279), survival (Franklin et al.
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2000, p. 539; Olson et al. 2004, p. 1039;
Glenn et al. 2011a, p. 159), and
recruitment (Franklin et al. 2000, p. 559;
Glenn et al. 2010, p. 2546). Cold, wet
weather may reduce reproduction or
survival during the breeding season, due
to declines or decreased activity in
small mammal populations, so that less
food is available during this period
when metabolic demands are high
(Glenn et al. 2011b, pp. 1290–1294).
Wet, cold springs or intense storms
during this time may increase the risk
of starvation in adult birds (Franklin et
al. 2000, pp. 559–590). Cold, wet
weather may also limit abundance of
prey (Lehmkuhl et al. 2006, pp. 589–
595), and reduce the male northern
spotted owl’s ability to bring food to
incubating females or nestlings
(Franklin et al. 2000, pp. 559–590).
Cold, wet nesting seasons have been
shown to increase the mortality of
nestlings due to chilling (Franklin et al.
2000, pp. 559–590), and reduce the
number of young fledged per pair per
year (Franklin et al. 2000, p. 559, Olson
et al. 2004, p. 1047; Glenn et al. 2011b,
p. 1279). Wet, cold weather may
decrease survival of dispersing juveniles
during their first winter, thereby
reducing recruitment (Franklin et al.
2000, pp. 559–590).
Habitat quality may offset the negative
effects of climate extremes. Franklin et
al. (2000, pp. 582–583) argued that
northern spotted owl populations are
regulated or limited by both habitat
quality and environmental factors, such
as weather. Abundance and availability
of prey may ultimately limit northern
spotted owl populations, and
abundance of prey is strongly associated
with habitat conditions. As habitat
quality decreases, other factors, such as
weather, have a stronger influence on
demographic performance. In essence,
the presence of high-quality habitat
appears to buffer the negative effects of
cold, wet springs and winters on
survival of northern spotted owls, as
well as ameliorate the effects of heat.
High-quality northern spotted owl
habitat was defined in a northern
California study area as a mature or oldgrowth core within a mosaic of old and
younger forest (Franklin et al. 2000, p.
559). The high-quality habitat can help
maintain a stable prey base, thereby
reducing the cost of foraging during the
early breeding season, when energetic
needs are high (Carey et al. 1992, pp.
223–250; Franklin et al. 2000, p. 559).
In addition, mature and old forest with
high canopy cover typically remains
cooler during summer months than
younger stands.
Drought or hot temperatures during
the previous summer have also been
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associated with reduced northern
spotted owl recruitment and survival
(Glenn et al. 2010, p. 2546). Drier,
warmer summers and drought
conditions during the growing season
strongly influence primary production
in forests, food availability, and the
population sizes of small mammals
(Glenn et al. 2010, p. 2546). Northern
flying squirrels (one of the northern
spotted owl’s primary prey), for
example, forage primarily on
ectomycorrhizal fungi (truffles), many of
which grow better under moist
conditions (Lehmkuhl et al. 2004, pp.
58–60). Drier, warmer summers, or the
high-intensity fires, which such
conditions support, may change the
range or availability of these fungi,
affecting northern flying squirrels and
the northern spotted owls that prey on
them. Periods of drought are associated
with declines in annual survival rates
for other raptors, due to a presumed
decrease in prey availability (Glenn et
al. 2010, pp. 2546–2551).
Mexican northern spotted owls (Strix
occidentalis lucida) and California
northern spotted owls (S. o.
occidentalis) have a narrow temperature
range in which body temperature can be
maintained without additional
metabolic energy expenditure (Ganey et
al. 1993, pp. 653–654; Weathers et al.
2001, pp. 682–686). Others (e.g.,
Franklin et al. 2000, entire) have
assumed the northern spotted owl to be
similar in this regard. While winter
temperatures are relatively mild across
much of the northern spotted owl’s
range, heat stress has been identified as
a potential stressor at temperatures
exceeding 30 °C (86 °F; Weathers et al.
2001, p. 678). The northern spotted
owl’s selection for areas with olderforest characteristics has been
hypothesized to be related, in part, to its
needing cooler areas in summer to avoid
heat stress (Barrows and Barrows 1978,
entire).
Elevation and Topography—Elevation
and corresponding changes in
temperature or moisture regimes
constrain the development of vegetation
communities selected by northern
spotted owls, and may exceed the
bounds of physiological tolerance of
northern spotted owls or their prey as
well. Several studies have noted the
avoidance or absence of northern
spotted owls above location-specific
elevational limits (Blakesley et al. 1992,
pp. 390–391; Hershey et al. 1998, p.
´
1406; LaHaye and Gutierrez 1999, pp.
326, 328). In some locations, elevational
limits occur despite the presence of
forests that appear to have the structural
characteristics typically associated with
northern spotted owl habitat. Where
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forest structure is not the apparent cause
of elevational limits, the mechanistic
bases of these limits are unknown, but
they could be related to prey
availability, presence of competitors, or
extremes of temperature or
precipitation. Habitat for northern
spotted owls can occur from sea level to
the lower elevation limit of subalpine
vegetation types. This upper elevation
limit varies with latitude from about
3,000 feet (ft) (900 meters (m)) above sea
level in coastal Washington and Oregon
(Davis and Lint 2005, p. 32) to about
6,000 ft (1,800 m) above sea level near
the southern edge of the range (derived
from Davis and Lint 2005, p. 32).
Topography also influences the
distribution of northern spotted owl
habitat and patterns of habitat selection.
The effects of topography are strongest
in drier forests, where aspect and
insolation (amount of solar radiation
received in an area) contribute to
moisture stress that can limit forest
density and tree growth. In drier forests
east of the Cascades and in the Klamath
region, suitable habitat can be
concentrated at intermediate
topographic positions, on north-facing
aspects, and in concave landforms that
retain moisture. This leads to a
distribution of suitable habitat
characterized by ribbon-like bands and
discrete patches. Ribbons occur along
drainages and valley bottoms, along the
north faces of ridges that trend from east
to west, and at intermediate topographic
positions between drier pine-dominated
forests at lower elevations, and
subalpine forest types at higher
elevations. Discrete patches also occur
on top of higher plateaus. Northern
spotted owl populations inhabiting drier
forests have higher fecundity and lower
survival rates than owls in other regions
(Hicks et al. 2003, pp. 61–62; Anthony
et al. 2006, pp. 28, 30). The naturally
fragmented distribution of suitable
habitat in drier forests, and increased
predation risk associated with traversing
this landscape, may be one of many
features that contributed to the
evolution of these life-history
characteristics.
Slope may also influence the
distribution of suitable habitat.
Intermediate slopes have been
associated with northern spotted owl
sites in some studies (e.g., Gremel 2005,
p. 37; Gaines et al. 2010, pp. 2048–2050;
USFWS 2011, Appendix C), but the
mechanisms underlying this association
are unclear, potentially including a
variety of features from soil depth to
competition with barred owls.
Disturbance Regimes—Natural
disturbances and anthropogenic
(human-caused) activities continuously
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shape the amount and distribution of
northern spotted owl habitat on the
landscape. In moist forests west of the
Cascades in Washington and Oregon,
and in the Redwood region in
California, anthropogenic activities have
a dominant influence on distribution
patterns of remaining habitat, with
natural disturbances typically playing a
secondary role. In contrast, drier forests
east of the Cascades and in the Klamath
region have dynamic disturbance
regimes that continue to exert a strong
influence on northern spotted owl
habitat. Climate change may modify
disturbance regimes across the range of
the northern spotted owl, resulting in
substantial changes to the frequency and
extent of habitat disruption by natural
events.
In drier forests, low- and mixedseverity fires historically contributed to
a high level of spatial and temporal
variability in landscape patterns of
disturbed and recovering vegetation.
However, anthropogenic activities have
so altered these historical patterns and
composition of vegetation, fuels, and
associated disturbance regimes, that
contemporary landscapes no longer
function as they did historically
(Hessburg et al. 2000a, pp. 77–78;
Hessburg and Agee 2003, pp. 44–51;
Hessburg et al. 2005, pp. 122–127, 134–
136; Skinner et al. 2006, pp. 176–179;
Skinner and Taylor 2006, pp. 201–203).
Fire exclusion, combined with the
removal of fire-tolerant structures (e.g.,
large, fire-tolerant tree species such as
ponderosa pine, western larch (Larix
occidentalis), and Douglas-fir), have
reduced the resiliency of the landscape
to fire and other disturbances, (Agee
1993, pp. 280–319; Hessburg et al.
2000a, pp. 71–80; Hessburg and Agee
2003, pp. 44–46). Understory vegetation
in these forests has shifted in response
to fire exclusion from grasses and
shrubs to shade-tolerant conifers,
reducing fire tolerance of these forests,
and increasing drought stress on
dominant tree species.
Anthropogenic activities have also
fundamentally changed the spatial
distribution of fire-intolerant stands
among the fire-tolerant stands, changing
the pattern of fire activity across the
landscape. Past management has altered
the natural disturbance regime,
homogenized the formerly patchy
vegetative network, and reduced the
complexity that was more prevalent
during the presettlement era (Skinner
1995, pp. 224–226; Hessburg and Agee
2003, pp. 44–45; Hessburg et al. 2007,
p. 21; Kennedy and Wimberly 2009, pp.
564–565). This alteration in the
disturbance regime further affects forest
structure and composition. Patches of
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fire-intolerant vegetation that had been
spatially separated have become more
contiguous and are more prone to
conducting fire, insects, and diseases
across larger swaths of the landscape
(Hessburg et al. 2005, pp. 71–74, 77–78).
This homogenized landscape may be
altering the size and intensity of current
disturbances and further altering
landscape functionality (e.g., Everett et
al. 2000, pp. 221–222).
The intensity and spatial extent of
natural disturbances that affect the
amount, distribution, and quality of
northern spotted owl habitat in dry
forests are also influenced by local
topographic features, elevation, and
climate (Swanson et al. 1988, entire). At
local scales, these factors can be used to
identify areas that are insulated from
recent or existing disturbance, and
consequently tend to persist without
disturbance for longer periods (Camp et
al. 1997, entire). These disturbance
refugia are locations where northern
spotted owl habitat has a higher
likelihood of developing and persisting
in drier forests. As a result of these
unevenly distributed disturbance
regimes, especially in the drier forests
within its range, habitat for the northern
spotted owl naturally occurs in a patchy
mosaic in various stages of suitability in
these regions. Sufficient area to provide
for these habitat dynamics and to allow
for the maintenance of adequate
quantities of suitable habitat on the
landscape at any one point in time is,
therefore, essential to the conservation
of the northern spotted owl in the dry
forest regions.
Pattern and Distribution of Habitat—
Historically, forest types occupied by
the northern spotted owl were fairly
continuous, particularly in the wetter
parts of its range in coastal northern
California and most of western Oregon
and Washington. Suitable forest types in
the drier parts of the range (interior
northern California, Klamath region,
interior southern Oregon, and east of the
Cascade crest in Oregon and
Washington) occur in a mosaic pattern
interspersed with infrequently used
vegetation types, such as open forests,
shrubby areas, and grasslands. As
described above, natural disturbance
processes in these drier regions likely
contributed to a pattern in which
patches of habitat in various stages of
suitability shift positions on the
landscape through time. In the Klamath
Mountains Provinces of Oregon and
California, and to a lesser extent in the
Coast and Cascade Provinces of
California, large areas of serpentine soils
exist that are typically not capable of
supporting northern spotted owl habitat
(Davis and Lint 2005, pp. 31–33).
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Biological Influences Related to
Features Essential to the Northern
Spotted Owl
Forest Community Type
(Composition)—Across their
geographical range, northern spotted
owl use of habitat spans several scales,
with increasing levels of habitat
selection specificity at each scale. We
refer to these scales as the ‘‘landscape,’’
‘‘home range,’’ and ‘‘core area’’ scales.
Nest stands within core areas are even
more narrowly selected (see Functional
Categories of Northern Spotted Owl
Habitat, in the Background section,
above).
Landscapes supporting populations of
northern spotted owls are the broadest
scale we considered, encompassing
areas sufficient to support numerous
reproductive pairs (roughly 20,000 to
200,000 ac (8,100 to 81,000 ha). At the
landscape scale, the northern spotted
owl inhabits most of the major types of
coniferous forests across its
geographical range, including Sitka
spruce, western hemlock, mixed conifer
and mixed evergreen, grand fir, Pacific
silver fir, Douglas-fir, redwood/Douglasfir (in coastal California and
southwestern Oregon), white fir, Shasta
red fir, and the moist end of the
ponderosa pine zone (Forsman et al.
1984, pp. 8–9; Franklin and Dyrness
1988, entire; Thomas et al. 1990, p.
145). These forest types may be in
early-, mid-, or late-seral stages, and
must occur in concert with at least one
of the physical or biological features
characteristic of breeding and
nonbreeding (dispersal) habitat,
described below.
Landscape-level patterns in tree
species composition and topography
can influence the distribution and
density of northern spotted owls. These
differences in northern spotted owl
distribution occur even when different
forest types have similar structural
attributes, suggesting that northern
spotted owls may prefer specific plant
associations or tree species. Some forest
types, such as pine-dominated and
subalpine forests, are infrequently used,
regardless of their structural attributes.
In areas east of the Cascade Crest,
northern spotted owls select forests with
high proportions of Douglas-fir trees.
The effects of tree species composition
on habitat selection also extend to
hardwoods within conifer-dominated
forests (e.g., Meyer et al. 1998, p. 35).
For example, our habitat modeling
indicated that habitat value in the
central Western Cascades was
negatively related to proportion of
hardwoods present. At the home range
and core area scales, locations occupied
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by northern spotted owls consistently
have greater amounts of mature and oldgrowth forest compared to random
locations or unused areas. The
proportion of older or structurally
complex forest within the home range
varies greatly by geographical region,
but typically falls between 30 and 78
percent (Courtney et al. 2004, p. 5–6). In
studies where circles of different sizes
were compared, differences between
northern spotted owl sites and random
locations diminished as circles of
increasing size were evaluated
(Courtney et al. 2004, p. 5–7), suggesting
habitat selection is stronger at the core
area scale than at the home range and
landscape scales.
Population Spatial Requirements—
We have described a range of climatic,
elevational, topographic, and
compositional factors, and associated
disturbance dynamics typical of
different regions, that constrain the
amount and distribution of northern
spotted owl habitat across landscapes.
Within this context, areas that contain
the physical or biological features
described below must provide habitat in
an amount and distribution sufficient to
support persistent populations,
including metapopulations of
reproductive pairs, and opportunities
for nonbreeding and dispersing owls to
move among populations to be
considered essential to the conservation
of the northern spotted owl.
Northern spotted owls maintain large
home ranges that vary in size across
nearly an order of magnitude across the
species’ range, from about 1,400 to
14,000 ac (570 to 5,700 ha), depending
on geographic latitude and prey
resources (see Home Range
Requirements, below). Overlap occurs
among adjoining territories, but the
large size of territories nonetheless
means that populations of northern
spotted owls require landscapes with
large areas of habitat suitable for
nesting, roosting, and foraging. For
example, in the northern parts of the
subspecies’ range where territories are
largest, a population of 20 resident pairs
would require at least 100,000 ac (about
40,500 ha) of habitat that is relatively
densely distributed and of high quality.
As described in the Background
section above, several studies have
examined patterns of northern spotted
owl habitat selection at the territory
scale and the consequences on fitness of
habitat configuration within a territory.
We do not know if the features that
contribute to enhancing northern
spotted owl occupancy and
reproductive success at the territory
scale can be scaled up to predict what
landscape-scale patterns of habitat are
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most conducive to stable or increasing
northern spotted owl populations.
Studies that use populations as units of
analysis in order to investigate the
effects of the landscape-scale
configuration of habitat on the
performance of northern spotted owl
populations have only begun recently.
Past models of northern spotted owl
population dynamics have included
predictions about the effects of habitat
configuration on population
performance, but these predictions have
not been tested or validated by
empirical studies (Franklin and
´
Gutierrez 2002; p. 215). Recent
demographic analyses suggested that
recruitment was positively related to the
proportion of study areas covered by
suitable habitat (see Forsman et al.
2011, pp. 59–62), but this covariate was
not associated with other aspects of
demographic performance, and few
other covariates were investigated.
When the northern spotted owl was
listed as threatened in 1990 (55 FR
26114; June 26, 1990), habitat loss and
fragmentation of old-growth forest were
identified as major factors contributing
to declines in northern spotted owl
populations. As older forests were
reduced to smaller and more isolated
patches, the ability of northern spotted
owls to successfully disperse and
establish territories was likely reduced
(Lamberson et al. 1992, pp. 506, 508,
510–511). Lamberson et al. (1992, pp.
509–511) identified an apparent sharp
threshold in the amount of habitat
below which northern spotted owl
population viability plummeted.
Lamberson et al. (1994, pp. 185–186,
192–194) concluded that size, spacing,
and shape of reserved areas all had
strong influence on population
persistence, and reserves that could
support a minimum of 20 northern
spotted owl territories were more likely
to maintain northern spotted owl
populations than smaller reserves. They
also found that juvenile dispersal was
facilitated in areas large enough to
support at least 20 northern spotted owl
territories.
In addition to area size, spacing
between reserves had a strong influence
on successful dispersal (Lamberson et
al. 1992, pp. 508, 510–511). Forsman et
al. (2002, pp. 15–16) reported dispersal
distances of 1,475 northern spotted owls
in Oregon and Washington for 1985 to
1996. Median maximum dispersal
distance (the straight-line distance
between the natal site and the farthest
location) for radio-marked juvenile male
northern spotted owls was 12.7 miles
(mi) (20.3 kilometers (km)), and that of
female northern spotted owls was 17.2
mi (27.5 km) (Forsman et al. 2002: Table
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2). Dispersal data and other studies on
the amount and configuration of habitat
necessary to sustain northern spotted
owls provided the foundation for
developing previous northern spotted
owl habitat reserve systems. Given the
range-wide declining trends in northern
spotted owl populations, as well as
declining trends in the recruitment of
new individuals into territorial
populations (Forsman et al. 2011, pp.
59–66, Table 22), we have determined
that, to be essential, physical or
biological features must be positioned
on the landscape to enable populations
to persist and to allow individual owls
to disperse among populations.
In contrast to earlier designations of
critical habitat, we did not develop an
a priori rule set to identify those areas
that provide the physical or biological
features essential to the conservation of
the owl, using factors such as minimum
size of habitat blocks, targeted numbers
of owl pairs, or maximum distance
between blocks of habitat. Instead, we
determined the spatial extent and
placement of the areas providing the
physical or biological features that are
essential to the conservation of the owl
based on the relative demographic
performance of the habitat models
tested. This process is summarized in
the section Criteria Used to Identify
Critical Habitat, presented later in this
document, and is presented in detail in
our supporting documentation (Dunk et
al. 2012b, entire). This supporting
documentation, which describes in
detail the modeling process we used, is
available at our Web site. We refer to
this document in the Summary of
Comments and Recommendations
section, below, as our ‘‘Modeling
Supplement’’ (Dunk et al. 2012b).
Home Range Requirements—Most
adult northern spotted owls remain on
their home range throughout the year;
therefore, their home range must
provide all the habitat components,
including prey, needed for the survival
and successful reproduction of a
territorial pair. The home range of a
northern spotted owl is relatively large,
but varies in size across the range of the
subspecies (Courtney et al. 2004, p. 5–
24; 55 FR 26117; June 26, 1990). Home
range sizes are largest in Washington
(Olympic Peninsula: 9,231 ac (3,736 ha)
(Forsman et al. 2005, pp. 371–372), and
generally decrease along a north-south
gradient to approximately 1,430 ac (580
ha) in the Klamath region of
northwestern California and southern
Oregon (Zabel et al. 1995, p. 436).
Northern spotted owl home ranges are
generally larger where northern flying
squirrels are the predominant prey and
smaller where woodrats are the
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predominant prey (Zabel et al. 1995, p.
436). Home range size also increases
with increasing forest fragmentation
(Carey et al. 1992, p. 235; Franklin and
´
Gutierrez 2002, p. 212; Glenn et al.
2004, p. 45) and decreasing proportions
of nesting habitat on the landscape
(Carey et al. 1992, p. 235; Forsman et al.
2005, p. 374), suggesting that northern
spotted owls increase the size of their
home ranges to encompass adequate
amounts of suitable forest types
(Forsman et al. 2005, p. 374).
Meta-analysis of features associated
with occupancy at the territory-scale
indicated that northern spotted owls
consistently occupy areas having larger
patches of older forests that were more
numerous and closer together than
´
random sites (Franklin and Gutierrez
2002; p. 212). In the Klamath and
Redwood regions owls also consistently
occupy sites with higher forest
heterogeneity than random sites.
Occupied sites in the Klamath region, in
particular, show a high degree of
vegetative heterogeneity, with more
variable patch sizes and more perimeter
edge than in other regions (Franklin and
´
Gutierrez 2002; p. 212). In the Klamath
region, ecotones, or edges between older
forests and other seral stages, may
contribute to improved access to prey
´
(Franklin and Gutierrez 2002, p. 215).
Several studies in the Klamath region
and the Redwood region have found
that variables describing the
relationship between habitat core area
and edge length improve the ability of
models to predict northern spotted owl
occupancy (e.g., Folliard et al. 2000, pp.
79–81; Zabel et al 2003, pp. 1936–1938).
In contrast, northern spotted owl sites in
the Oregon Coast Range had a more
even distribution of cover types than
random locations, and nest stands had
a higher ratio of core to edge and more
complex stand shapes than non-nest
stands (Courtney et al. 2004, p. 5–9).
A home range provides the habitat
components essential for the survival
and successful reproduction of a
resident breeding pair of northern
spotted owls. The exact amount, quality,
and configuration of these habitat types
required for survival and successful
reproduction varies according to local
conditions and factors, such as the
degree of habitat fragmentation,
proportion of available nesting habitat,
and primary prey species (Courtney et
al. 2004, p. 5–2).
Core Area Requirements—Northern
spotted owls often use habitat within
their home ranges disproportionally,
and exhibit central-place foraging
behavior (Rosenberg and McKelvey
1999, p. 1028), with much activity
centered within a core area surrounding
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the nest tree during the breeding season.
During fall and winter, as well as in
nonbreeding years, owls often roost and
forage in areas of their home range more
distant from the core. The size of core
areas varies considerably across the
subspecies’ geographical range
following a pattern similar to that of
home range size (Bingham and Noon
1997, p. 133), varying from over 4,057
ac (1,642 ha) in the northernmost (flying
squirrel prey) provinces (Forsman et al.
2005, pp. 370, 375) to less than 500 ac
(202 ha) in the southernmost (duskyfooted woodrat prey) provinces (Pious
1995, pp. 9–10, Table 2; Zabel et al.
2003, pp. 1036–1038). Owls often
switch nest trees and use multiple core
areas over time, possibly in response to
local prey depletion or loss of a
particular nest tree.
Core areas contain greater proportions
of mature or old forest than random or
nonuse areas (Courtney et al. 2004, p. 5–
13), and the amount of high-quality
habitat at the core area scale shows the
strongest relationships with occupancy
(Meyer et al. 1998, p. 34; Zabel et al.
2003, pp. 1027, 1036), survival
(Franklin et al. 2000, p. 567; Dugger et
al. 2005, p. 873), and reproductive
success (Ripple et al. 1997, pp. 155 to
156; Dugger et al. 2005, p. 871). In some
areas, edges between forest types within
northern spotted owl home ranges may
provide increased prey abundance and
availability (Franklin et al. 2000, p.
579). For successful reproduction, core
areas need to contain one or more forest
stands that have both the structural
attributes and the location relative to
other features in the home range that
allow them to fulfill essential nesting,
roosting, and foraging functions (Carey
and Peeler 1995, pp. 233–236;
Rosenberg and McKelvey 1999, pp.
1035–1037).
Areas to Support Dispersal and
Nonbreeding Owls—Northern spotted
owls regularly disperse through highly
fragmented forested landscapes that are
typical of the mountain ranges in
western Washington and Oregon, and
have dispersed from the Coastal
Mountains to the Cascades Mountains
in the broad forested regions between
the Willamette, Umpqua, and Rogue
Valleys of Oregon (Forsman et al. 2002,
p. 22). Corridors of forest through
fragmented landscapes serve primarily
to support relatively rapid movement
through such areas, rather than
colonization or residency of
nonbreeding owls.
During the transience (movement)
phase, dispersers used mature and oldgrowth forest slightly more than its
availability; during the colonization
phase, mature and old-growth forest was
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used at nearly twice its availability
(Miller et al. 1997, p. 144). Closed polesapling-sawtimber habitat was used
roughly in proportion to availability in
both phases and may represent the
minimum condition for movement.
Open sapling and clearcuts were used
less than expected based on availability
during colonization (Miller et al. 1997,
p. 145). In comparison, nondispersing
subadults or nonbreeding adults that are
residents require habitats that are more
similar to the nesting, roosting, and
foraging habitats utilized by breeding
pairs. This suggests that juveniles and
transient dispersers either have a less
developed ability to avoid areas where
starvation or predation are more likely,
or they can use a greater variety of
forested habitats than nondispersing
adults, or both.
We currently do not have sufficient
information to permit formal modeling
of dispersal habitat and the influence of
dispersal habitat condition on dispersal
success (USFWS 2011, p. C–15). We
expect, based on the studies discussed
above, that dispersal success is highest
when dispersers move through forests
that have the characteristics of nestingroosting and foraging habitats. Northern
spotted owls can also disperse
successfully through forests with less
complex structure, but risk of starvation
and predation likely increase with
increasing divergence from the
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characteristics of suitable (nesting,
roosting, foraging) habitat. The
suitability of habitat to contribute to
successful dispersal of northern spotted
owls is likely related to the degree to
which it ameliorates heat stress,
provides abundant and accessible prey,
limits predation risk, and resembles
habitat in natal territories (Carey 1985,
pp. 105–107; Buchanan 2004, pp. 1335–
1341).
Dispersal habitat is habitat that both
juvenile and adult northern spotted
owls must use when looking to establish
a new territory. Although optimal
dispersal habitat would be the same as
suitable nesting, roosting, or foraging
habitat (mature and old-growth stands),
dispersing owls will use younger forest
for dispersal, and the Interagency
Scientific Committee (Thomas et al.
1990) suggested the 50–11–40 rule for
maintaining baseline forest conditions
between blocks of old forest to enhance
dispersal. Forests composed of at least
50 percent of trees with 11 inches (in)
(28 centimeters (cm)) diameter at breast
height (dbh) or greater, and with
roughly a minimum 40 percent canopy
cover, were considered to meet this
baseline condition for northern spotted
owl dispersal. Dispersal habitat can
occur between larger blocks of nesting,
foraging, and roosting habitat or within
blocks of nesting, roosting, and foraging
habitat. Dispersal habitat is essential to
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maintaining stable populations by
promoting rapid filling of territorial
vacancies when resident northern
spotted owls die or leave their
territories, and to providing adequate
gene flow across the range of the
species.
Regional Variation in Habitat Use—
Differences in patterns of habitat
associations across the range of the
northern spotted owl suggest four
different broad zones of habitat use,
which we characterize as the (1) West
Cascades/Coast Ranges of Oregon and
Washington, (2) East Cascades, (3)
Klamath and Northern California
Interior Coast Ranges, and (4) Redwood
Coast (Figure 1. We configured these
zones based on a qualitative assessment
of similarity among ecological
conditions and habitat associations
within the 11 different regions analyzed,
as these 4 zones efficiently capture the
range in variation of some of the
physical or biological features essential
to the conservation of the northern
spotted owl. We summarize the physical
or biological features for each of these
four zones, emphasizing zone-specific
features that are distinctive within the
context of general patterns that apply
across the entire range of the northern
spotted owl.
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West Cascades/Coast Ranges of Oregon
and Washington
This zone includes five regions west
of the Cascade crest in Washington and
Oregon (Western Cascades North,
Central and South; North Coast Ranges
and Olympic Peninsula; and Oregon
Coast Ranges; USFWS 2011, p. C–13).
Climate in this zone is characterized by
high rainfall and cool to moderate
temperatures. Variation in elevation
between valley bottoms and ridges is
relatively low in the Coast Ranges,
creating conditions favorable for
development of contiguous forests. In
contrast, the Olympic and Cascade
ranges have greater topographic
variation with many high-elevation
areas supporting permanent snowfields
and glaciers. Douglas-fir and western
hemlock dominate forests used by
northern spotted owls in this zone. Root
diseases and wind-throw are important
natural disturbance mechanisms that
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form gaps in forested areas. Flying
squirrels are the dominant prey, with
voles and mice also representing
important items in the northern spotted
owl’s diet.
Our habitat modeling indicated that
vegetation structure had a dominant
influence on owl population
performance, with habitat pattern and
topography also contributing. High
canopy cover, high density of large
trees, high numbers of subcanopy
vegetation layers, and low to moderate
slope positions were all important
features.
Nesting habitat in this zone is mostly
limited to areas with large trees with
defects such as mistletoe brooms,
cavities, or broken tops. The subset of
foraging habitat that is not nesting/
roosting habitat generally had slightly
lower values than nesting habitat for
canopy cover, tree size and density, and
canopy layering. Prey species (primarily
northern flying squirrel) in this zone are
associated with mature to late-
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successional forests, resulting in small
differences between nesting, roosting,
and foraging habitat.
East Cascades
This zone includes the Eastern
Cascades North and Eastern Cascades
South regions (USFWS 2011, p. C–13).
This zone is characterized by a
continental climate (cold, snowy
winters and dry summers) and a high
frequency of natural disturbances due to
fires and outbreaks of forest insects and
pathogens. Flying squirrels are the
dominant prey species, but the diet of
northern spotted owls in this zone also
includes relatively large proportions of
bushy-tailed woodrats, snowshoe hare,
pika, and mice (Forsman et al. 2001, pp.
144–145).
Our modeling indicates that habitat
associations in this zone do not show a
pattern of dominant influence by one or
a few variables (USFWS 2011,
Appendix C). Instead, habitat
association models for this zone
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included a large number of variables,
each making a relatively modest
contribution (20 percent or less) to the
predictive ability of the model. The
features that were most useful in
predicting habitat quality were
vegetation structure and composition,
and topography, especially slope
position in the north. Other efforts to
model habitat associations in this zone
have yielded similar results (e.g., Gaines
et al. 2010, pp. 2048–2050; Loehle et al.
2011, pp. 25–28).
Relative to other portions of the
subspecies’ range, nesting and roosting
habitat in this zone includes relatively
younger and smaller trees, likely
reflecting the common usage of dwarf
mistletoe brooms (dense growths) as
nesting platforms (especially in the
north). Forest composition that includes
high proportions of Douglas-fir is also
associated with this nesting structure.
Additional foraging habitat in this zone
generally resembles nesting and roosting
habitat, with reduced canopy cover and
tree size, and reduced canopy layering.
High prey diversity suggests relatively
diverse foraging habitats are used.
Topographic position was an important
variable, particularly in the north,
possibly reflecting competition from
barred owls (Singleton et al. 2010, pp.
289, 292). Barred owls, which have been
present for over 30 years in northern
portions of this zone, preferentially
occupy valley-bottom habitats, possibly
compelling northern spotted owls to
establish territories on less productive,
mid-slope locations (Singleton et al.
2010, pp. 289, 292).
Klamath and Northern California
Interior Coast Ranges
This zone includes the Klamath West,
Klamath East, and Interior California
Coast regions (USFWS 2011, p. C–13).
This region in southwestern Oregon and
northwestern California is characterized
by very high climatic and vegetative
diversity resulting from steep gradients
of elevation, dissected topography, and
large differences in moisture from west
to east. Summer temperatures are high,
and northern spotted owls occur at
elevations up to 5,800 ft (1,768 m).
Western portions of this zone support a
diverse mix of mesic forest communities
interspersed with drier forest types.
Forests of mixed conifers and evergreen
hardwoods are typical of the zone.
Eastern portions of this zone have a
Mediterranean climate with increased
occurrence of ponderosa pine. Douglasfir dwarf mistletoe (Arceuthobium
douglasii) is rarely used for nesting
platforms in the western part of the
northern spotted owl’s range, but is
commonly used in the east. The prey
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base for northern spotted owls in this
zone is correspondingly diverse, but
dominated by dusky-footed woodrats,
bushy-tailed woodrats, and flying
squirrels. Northern spotted owls have
been well studied in the western
Klamath portion of this zone (Forsman
et al. 2004, p. 217), but relatively little
is known about northern spotted owl
habitat use in the eastern portion and
the California Interior Coast Range
portion of the zone. Our habitat
association models for this zone suggest
that vegetation structure and
topographic features are nearly equally
important in influencing owl population
performance, particularly in the
Klamath. High canopy cover, high levels
of canopy layering, and the presence of
very large dominant trees were all
important features of nesting and
roosting habitat. Compared to other
zones, additional foraging habitat for
this zone showed greater divergence
from nesting habitat, with much lower
canopy cover and tree size. Low to
intermediate slope positions were
strongly favored. In the eastern Klamath,
presence of Douglas-fir was an
important compositional variable in our
habitat model (USFWS 2011, Appendix
C).
Redwood Coast
This zone is confined to the northern
California coast, and is represented by
the Redwood Coast region (USFWS
2011, p. C–13). It is characterized by a
maritime climate with moderate
temperatures and generally mesic
conditions. Near the coast, frequent fog
delivers consistent moisture during the
summer. Terrain is typically low-lying
(0 to 3,000 ft (0 to 900 m)). Forest
communities are dominated by
redwood, Douglas-fir–tanoak
(Lithocarpus densiflorus) forest, coast
live oak (Quercus agrifolia), and tanoak
series. Dusky footed woodrats are the
dominant prey items for northern
spotted owls in this zone.
Habitat association models for this
zone diverged strongly from models for
other zones. Topographic variables
(slope position and curvature) had a
dominant influence with vegetation
structure having a secondary role. Low
position on slopes was strongly favored,
along with concave landforms.
Several studies of northern spotted
owl habitat relationships suggest that
stump-sprouting and rapid growth of
redwood trees, combined with high
availability of woodrats in patchy,
intensively managed forests, enables
northern spotted owls to occupy a wide
range of vegetation conditions within
the redwood zone. Rapid growth rates
enable young stands to develop
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structural characteristics typical of older
stands in other regions. Thus, relatively
small patches of large remnant trees can
also provide nesting habitat structure in
this zone.
Physical or Biological Features and
Primary Constituent Elements
Under the Act and its implementing
regulations, we are required to identify
the physical or biological features
essential to the conservation of the
northern spotted owl in areas occupied
at the time of listing, focusing on the
features’ primary constituent elements.
Primary constituent elements are those
specific elements of the physical or
biological features that provide for a
species’ life-history processes and are
essential to the conservation of the
species. The physical or biological
features essential to the conservation of
the northern spotted owl are forested
lands that can be used for nesting,
roosting, foraging, or dispersing. We
have further determined that these
physical or biological features may
require special management
considerations or protection, as
described in the section Special
Management Considerations or
Protection, below. For the northern
spotted owl, the primary constituent
elements are the specific characteristics
that make areas suitable for nesting,
roosting, foraging and dispersal habitat.
To be essential to the conservation of
the northern spotted owl, these features
need to be distributed in a spatial
configuration that is conducive to
persistence of populations, survival and
reproductive success of resident pairs,
and survival of dispersing individuals
until they can recruit into a breeding
population.
Models developed for the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011, Appendix C) to
assess habitat suitability for the
northern spotted owl across the range of
the species and applied here to help
identify potential critical habitat were
based on habitat conditions within 500acre (200-ha) core areas. Because core
areas support a mix of nesting, roosting,
and foraging habitats, their
characteristics provide a basis for
identification and quantification of
PCEs.
Physical or Biological Features by LifeHistory Function
Each of the essential features—in this
case, forested lands that provide the
functional categories of northern spotted
owl habitat—comprises a complex
interplay of structural elements, such as
tree size and species, stand density,
canopy diversity, and decadence.
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Northern spotted owls have been shown
to exhibit strong associations with
specific PCEs; however, the range of
combinations of PCEs that may
constitute habitat (particularly foraging
habitat) is broad. In addition, the
relative importance of specific habitat
elements (and subsequently their
relevance as PCEs) is strongly
influenced by physical factors, such as
elevation and slope position, and the
degree to which physical factors
influence the role of individual PCEs
varies geographically. In addition to
forest type, the key elements of habitats
with the physical or biological features
essential for the conservation of the
northern spotted owl may be organized
as follows:
Nesting and Roosting Habitat
Nesting and roosting habitat provides
structural features for nesting,
protection from adverse weather
conditions, and cover to reduce
predation risks for adults and young.
Because nesting habitat provides
resources critical for nest site selection
and breeding, its characteristics tend to
be conservative; stand structures at nest
sites tend to vary little across the
northern spotted owl’s range. Nesting
stands typically include a moderate to
high canopy cover (60 to over 80
percent); a multilayered, multispecies
canopy with large (greater than 30 in (76
cm) dbh) overstory trees; a high
incidence of large trees with various
deformities (e.g., large cavities, broken
tops, mistletoe infections, and other
evidence of decadence); large snags;
large accumulations of fallen trees and
other woody debris on the ground; and
sufficient open space below the canopy
for northern spotted owls to fly (Thomas
et al. 1990, p. 164; 57 FR 1798, January
15, 1992). These findings were recently
reinforced in rangewide models
developed by Davis and Dugger (2011,
Table 3–1, p. 39), who found that stands
used for nesting (moderate to high
suitability) exhibited high canopy cover
of conifers (65 to 89 percent), large trees
(mean diameter from 20 to 36 in (51 to
91 cm)), with a forest density of 6 to 19
large trees (greater than 30 in dbh) per
acre (15 to 47 large trees (greater than
76 cm dbh) per hectare), and high
diameter diversity.
Recent studies have found that
northern spotted owl nest stands tend to
have greater tree basal area, number of
canopy layers, density of broken-top
trees, number or basal area of snags, and
volume of logs (Courtney et al. 2004, pp.
5–16 to 5–19, 5–23) than non-nest
stands. In some forest types, northern
spotted owls nest in younger forest
stands that contain structural
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characteristics of older forests (legacy
features from previous stands before
disturbance). In the portions of the
northern spotted owl’s range where
Douglas-fir dwarf mistletoe occurs,
infected trees provide an important
source of nesting platforms (Buchanan
et al. 1993, pp. 4–5). Nesting northern
spotted owls consistently occupy stands
having a high degree of canopy cover
that may provide thermoregulatory
benefits (Weathers et al. 2001, p. 686),
allowing northern spotted owls a wider
range of choices for locating thermally
neutral roosts near the nest site. A high
degree of canopy cover may also conceal
northern spotted owls, reducing
potential predation. Studies of roosting
locations found that northern spotted
owls tended to use stands with greater
vertical canopy layering (Mills et al.
1993, pp. 318–319), canopy cover (King
1993, p. 45), snag diameter (Mills et al.
1993, pp. 318–319), diameter of large
trees (Herter et al. 2002, pp. 437, 441),
and amounts of large woody debris
(Chow 2001, p. 24; reviewed in
Courtney et al. 2004, pp. 5–14 to 5–16,
5–23). Northern spotted owls use the
same habitat for both nesting and
roosting; the characteristics of roosting
habitat differ from those of nesting
habitat only in that roosting habitat
need not contain the specific structural
features used for nesting (Thomas et al.
1990, p. 62). Aside from the presence of
the nest structure, nesting and roosting
habitat are generally inseparable.
Habitat modeling developed for the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, Appendix
C) and used as one means of helping us
identify potential critical habitat for the
northern spotted owl supports previous
descriptions of nesting habitat (57 FR
1796, January 15, 1992; 73 FR 47326,
August 13, 2008), and suggests a high
degree of similarity among the 11
ecological regions across the range of
the species. Across regions, moderate to
high suitability nesting habitat was
characterized as having high canopy
cover (65 to over 80 percent) and high
basal area (240 ft2/ac; (55 m2/ha), mean
dbh of conifers at least 16.5 to 24 in (42
to 60 cm), and a significant component
of larger trees (greater than 30 in (75
cm)).
Foraging Habitat
Habitats used for foraging by northern
spotted owls vary widely across the
northern spotted owl’s range, in
accordance with ecological conditions
and disturbance regimes that influence
vegetation structure and prey species
distributions. In general, northern
spotted owls select old forests for
foraging in greater proportion than their
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availability at the landscape scale (Carey
et al. 1992, pp. 236–237; Carey and
Peeler 1995, p. 235; Forsman et al. 2005,
pp. 372–373), but will forage in younger
stands and brushy openings with high
prey densities and access to prey (Carey
et al. 1992, p. 247; Rosenberg and
Anthony 1992, p. 165; Thome et al.
1999, pp. 56–57; Irwin et al. 2012, pp.
208–210). Throughout much of the
owl’s range, the same habitat that
provides for nesting and roosting also
provides for foraging, although northern
spotted owls have greater flexibility in
utilizing a variety of habitats for
foraging than they do for nesting and
roosting. That is, habitats that meet the
species’ needs for nesting and roosting
generally also provide for foraging (and
dispersal) requirements of the owl.
However, in some areas owls may use
other types of habitats for foraging, in
addition to those used for nesting and
roosting; thus, habitat that supports
foraging (or dispersal) does not always
support the other PCEs, and does not
necessarily provide for nesting or
roosting. Variation in the potential use
of various foraging habitats throughout
the range of the northern spotted owl is
described here.
West Cascades/Coast Ranges of Oregon
and Washington
In the West Cascades/Coast Ranges of
Oregon and Washington, high-quality
foraging habitat is also nesting/roosting
habitat. Foraging activity is positively
associated with tree height diversity
(North et al. 1999, p. 524), canopy cover
(Irwin et al. 2000, p. 180; Courtney et al.
2004, p. 5–15), snag volume, density of
snags greater than 20 in (50 cm) dbh
(North et al. 1999, p. 524; Irwin et al.
2000, pp. 179–180; Courtney et al. 2004,
p. 5–15), density of trees greater than or
equal to 31 in (80 cm) dbh (North et al.
1999, p. 524) density of trees 20 to 31
in (51 to 80 cm) dbh (Irwin et al. 2000,
pp. 179–180), and volume of woody
debris (Irwin et al. 2000, pp. 179–180).
While the majority of studies reported
strong associations with old-forest
characteristics, younger forests with
some structural characteristics (legacy
features) of old forests (Carey et al. 1992,
pp. 245 to 247; Irwin et al. 2000, pp. 178
to 179), hardwood forest patches, and
edges between old forest and hardwoods
(Glenn et al. 2004, pp. 47–48) are also
used by foraging northern spotted owls.
East Cascades
Foraging habitats used by northern
spotted owls in the East Cascades of
Oregon, Washington, and California
were similar to those used in the
Western Cascades, but can also
encompass forest stands that exhibit
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somewhat lower mean tree sizes
(quadratic mean diameter 16 to 22 in (40
to 55 cm) (Irwin et al. 2012, p. 207).
However, foraging activity was still
positively associated with densities of
large trees (greater than 26 in (66 cm))
and increasing basal area (Irwin et al.
2012, p. 206). Stands dominated by
Douglas-fir and white fir/Douglas-fir, or
grand fir/Douglas-fir were preferred in
some regions, whereas stands
dominated by ponderosa pine were
generally avoided (Irwin et al. 2012, p.
207).
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Klamath and Northern California
Interior Coast Ranges
Because diets of northern spotted
owls in the Klamath and Northern
California Interior Coast Ranges consist
predominantly of both northern flying
squirrels and dusky-footed woodrats,
habitats used for foraging northern
spotted owls are much more variable
than in northern portions of the species’
range. As in other regions, foraging
northern spotted owls select stands with
mature and old-forest characteristics
such as increasing mean stand diameter
and densities of trees greater than 26 in
(66 cm) dbh (Irwin et al. 2012, p. 206)
and a dominant canopy of large conifer
trees greater than 21 in (52.5 cm) dbh
(Solis and Gutierrez 1990, p. 747), high
canopy cover (87 percent at frequently
used sites; Solis and Gutierrez 1990, p.
747, Table 3), and multiple canopy
layers (Solis and Gutierrez 1990, pp.
744–747; Anthony and Wagner 1999,
pp. 14, 17). However, other habitat
elements are disproportionately used,
particularly forest patches within
riparian zones of low-order streams
(Solis and Gutierrez 1990, p. 747; Irwin
et al. 2012, p. 208) and edges between
conifer and hardwood forest stands
(Zabel et al. 1995, pp. 436–437; Ward et
al. 1998, pp. 86, 88–89). Foraging use is
positively influenced by conifer species,
including incense-cedar (Calocedrus
decurrens), sugar pine (P. lambertiana),
Douglas-fir, and hardwoods such as
bigleaf maple (Acer macrophyllum),
California black oak (Q. kelloggii), live
oaks, and Pacific madrone (Arbutus
menziesii) as well as shrubs (Sisco 1990,
p. 20; Irwin et al. 2012, pp. 206–207,
209–210), presumably because they
produce mast important for prey
species. Within a mosaic of mature and
older forest habitat, brushy openings
and dense young stands or low-density
forest patches also receive some use
(Sisco 1990, pp. 9, 12, 14, 16; Zabel et
al. 1993, p. 19; Irwin et al. 2012, pp.
209–210).
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Redwood Coast
The preponderance of information
regarding habitats used for foraging by
northern spotted owls in the Redwood
Coast zone comes from intensively
managed industrial forests. In these
environments, which comprise the
majority of the redwood region,
interspersion of foraging habitat and
prey-producing habitat appears to be an
important element of habitat suitability.
Foraging habitat is used by owls to
access prey and is characterized by a
wide range of tree sizes and ages.
Foraging activity by owls is positively
associated with density of small to
medium sized trees (10 to 22 in (25 to
56 cm)) and trees greater than 26 in (66
cm) in diameter (Irwin et al. 2007b, p.
19) or greater than 41 years of age
(MacDonald et al. 2006, p. 381).
Foraging was also positively associated
with hardwood species, particularly
tanoak (MacDonald et al. 2006, pp. 380–
382; Irwin et al. 2007a, pp. 1188–1189).
Prey-producing habitats occur within
early-seral habitats 6 to 20 years old
(Hamm and Diller 2009, p. 100, Table
2), typically resulting from clearcuts or
other intensive harvest methods. Habitat
elements within these openings include
dense shrub and hardwood cover, and
woody debris.
Nonbreeding and Dispersal Habitat
Although the term ‘‘dispersal’’
frequently refers to post-fledgling
movements of juveniles, for the
purposes of this rule we are using the
term to include all movement during
both the transience and colonization
phase, and to encompass important
concepts of linkage and connectivity
among owl subpopulations. Population
growth can only occur if there is
adequate habitat in an appropriate
configuration to allow for the dispersal
of owls across the landscape. Although
habitat that allows for dispersal may
currently be marginal or unsuitable for
nesting, roosting, or foraging, it provides
an important linkage function among
blocks of nesting habitat both locally
and over the owl’s range that is essential
to its conservation. However, as noted
above, we expect dispersal success is
highest when dispersers move through
forests that have the characteristics of
nesting-roosting and foraging habitats.
Although northern spotted owls may be
able to move through forests with less
complex structure, survivorship is likely
decreased. Dispersal habitat, at a
minimum, consists of stands with
adequate tree size and canopy cover to
provide protection from avian predators
and at least minimal foraging
opportunities; there may be variations
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over the owl’s range (e.g., drier site in
the east Cascades or northern
California). This may include younger
and less diverse forest stands than
foraging habitat, such as even-aged,
pole-sized stands, but such stands
should contain some roosting structures
and foraging habitat to allow for
temporary resting and feeding during
the transience phase.
Habitat supporting nonbreeding
northern spotted owls, or the
colonization phase of dispersal, is
generally equivalent to nesting, roosting,
and foraging habitat and is described
above, although it may be in smaller
amounts than that needed to support
nesting pairs.
Primary Constituent Elements for the
Northern Spotted Owl
Based on our current knowledge of
the physical or biological features and
habitat characteristics required to
sustain the species’ life-history
processes, we determine that the
primary constituent elements specific to
the northern spotted owl are as follows;
note that PCE 1 must occur in concert
with PCE 2, 3, or 4:
(1) Forest types that may be in
early-, mid-, or late-seral stages and that
support the northern spotted owl across
its geographical range; these forest types
are primarily:
(a) Sitka spruce,
(b) Western hemlock,
(c) Mixed conifer and mixed
evergreen,
(d) Grand fir,
(e) Pacific silver fir,
(f) Douglas-fir,
(g) White fir,
(h) Shasta red fir,
(i) Redwood/Douglas-fir (in coastal
California and southwestern Oregon),
and
(j) The moist end of the ponderosa
pine coniferous forests zones at
elevations up to approximately 3,000 ft
(900 m) near the northern edge of the
range and up to approximately 6,000 ft
(1,800 m) at the southern edge.
(2) Habitat that provides for nesting
and roosting. In many cases the same
habitat also provides for foraging (PCE
(3)). Nesting and roosting habitat
provides structural features for nesting,
protection from adverse weather
conditions, and cover to reduce
predation risks for adults and young.
This PCE is found throughout the
geographical range of the northern
spotted owl, because stand structures at
nest sites tend to vary little across the
northern spotted owl’s range. These
habitats must provide:
(a) Sufficient foraging habitat to meet
the home range needs of territorial pairs
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of northern spotted owls throughout the
year.
(b) Stands for nesting and roosting
that are generally characterized by:
(i) Moderate to high canopy cover (60
to over 80 percent);
(ii) Multilayered, multispecies
canopies with large (20–30 in (51–76
cm) or greater dbh) overstory trees;
(iii) High basal area (greater than 240
ft2/ac (55 m2/ha));
(iv) High diversity of different
diameters of trees;
(v) High incidence of large live trees
with various deformities (e.g., large
cavities, broken tops, mistletoe
infections, and other evidence of
decadence);
(vi) Large snags and large
accumulations of fallen trees and other
woody debris on the ground; and
(vii) Sufficient open space below the
canopy for northern spotted owls to fly.
(3) Habitat that provides for foraging,
which varies widely across the northern
spotted owl’s range, in accordance with
ecological conditions and disturbance
regimes that influence vegetation
structure and prey species distributions.
Across most of the owl’s range, nesting
and roosting habitat is also foraging
habitat, but in some regions northern
spotted owls may additionally use other
habitat types for foraging as well. The
foraging habitat PCEs for the four
ecological zones within the geographical
range of the northern spotted owl are
generally the following:
(a) West Cascades/Coast Ranges of
Oregon and Washington
(i) Stands of nesting and roosting
habitat; additionally, owls may use
younger forests with some structural
characteristics (legacy features) of old
forests, hardwood forest patches, and
edges between old forest and
hardwoods;
(ii) Moderate to high canopy cover (60
to over 80 percent);
(iii) A diversity of tree diameters and
heights;
(iv) Increasing density of trees greater
than or equal to 31 in (80 cm) dbh
increases foraging habitat quality
(especially above 12 trees per ac (30
trees per ha));
(v) Increasing density of trees 20 to 31
in (51 to 80 cm) dbh increases foraging
habitat quality (especially above 24 trees
per ac (60 trees per ha));
(vi) Increasing snag basal area, snag
volume (the product of snag diameter,
height, estimated top diameter, and
including a taper function (North et al.
1999, p. 523)), and density of snags
greater than 20 in (50 cm) dbh all
contribute to increasing foraging habitat
quality, especially above 4 snags per ac
(10 snags per ha);
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(vii) Large accumulations of fallen
trees and other woody debris on the
ground; and
(viii) Sufficient open space below the
canopy for northern spotted owls to fly.
(b) East Cascades
(i) Stands of nesting and roosting
habitat;
(ii) Stands composed of Douglas-fir
and white fir/Douglas-fir mix;
(iii) Mean tree size greater than 16.5
in (42 cm) quadratic mean diameter;
(iv) Increasing density of large trees
(greater than 26 in (66 cm)) and
increasing basal area (the total area
covered by trees measured at breast
height) increases foraging habitat
quality;
(v) Large accumulations of fallen trees
and other woody debris on the ground;
and
(vi) Sufficient open space below the
canopy for northern spotted owls to fly.
(c) Klamath and Northern California
Interior Coast Ranges
(i) Stands of nesting and roosting
habitat; in addition, other forest types
with mature and old-forest
characteristics;
(ii) Presence of the conifer species,
incense-cedar, sugar pine, Douglas-fir,
and hardwood species such as bigleaf
maple, black oak, live oaks, and
madrone, as well as shrubs;
(iii) Forest patches within riparian
zones of low-order streams and edges
between conifer and hardwood forest
stands;
(iv) Brushy openings and dense young
stands or low-density forest patches
within a mosaic of mature and older
forest habitat;
(v) High canopy cover (87 percent at
frequently used sites);
(vi) Multiple canopy layers;
(vii) Mean stand diameter greater than
21 in (52.5 cm);
(viii) Increasing mean stand diameter
and densities of trees greater than 26 in
(66 cm) increases foraging habitat
quality;
(ix) Large accumulations of fallen
trees and other woody debris on the
ground; and
(x) Sufficient open space below the
canopy for northern spotted owls to fly.
(d) Redwood Coast
(i) Nesting and roosting habitat; in
addition, stands composed of hardwood
tree species, particularly tanoak;
(ii) Early-seral habitats 6 to 20 years
old with dense shrub and hardwood
cover and abundant woody debris; these
habitats produce prey, and must occur
in conjunction with nesting, roosting, or
foraging habitat;
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(iii) Increasing density of small-tomedium sized trees (10 to 22 in (25 to
56 cm)) increases foraging habitat
quality;
(iv) Trees greater than 26 in (66 cm)
in diameter or greater than 41 years of
age; and
(v) Sufficient open space below the
canopy for northern spotted owls to fly.
(4) Habitat to support the transience
and colonization phases of dispersal,
which in all cases would optimally be
composed of nesting, roosting, or
foraging habitat (PCEs (2) or (3)), but
which may also be composed of other
forest types that occur between larger
blocks of nesting, roosting, and foraging
habitat. In cases where nesting, roosting,
or foraging habitats are insufficient to
provide for dispersing or nonbreeding
owls, the specific dispersal habitat PCEs
for the northern spotted owl may be
provided by the following:
(a) Habitat supporting the transience
phase of dispersal, which includes:
(i) Stands with adequate tree size and
canopy cover to provide protection from
avian predators and minimal foraging
opportunities; in general this may
include, but is not limited to, trees with
at least 11 in (28 cm) dbh and a
minimum 40 percent canopy cover; and
(ii) Younger and less diverse forest
stands than foraging habitat, such as
even-aged, pole-sized stands, if such
stands contain some roosting structures
and foraging habitat to allow for
temporary resting and feeding during
the transience phase.
(b) Habitat supporting the
colonization phase of dispersal, which
is generally equivalent to nesting,
roosting, and foraging habitat as
described in PCEs (2) and (3), but may
be smaller in area than that needed to
support nesting pairs.
This revised designation describes the
physical or biological features and their
primary constituent elements essential
to support the life-history functions of
the northern spotted owl. We have
determined that all of the units and
subunits designated in this rule were
occupied by the northern spotted owl at
the time of listing, and that (depending
on the scale at which occupancy is
considered) some smaller areas within
the subunits may have been unoccupied
at the time of listing. To address any
uncertainty regarding occupancy, we
have also evaluated all of the areas
identified here as critical habitat under
the standard of section 3(5)(a)(ii) of the
Act, and determined that they are
essential to the conservation of the
species, as described in Criteria Used to
Identify Critical Habitat, below. The
criteria section also describes our
evaluation of the configuration of the
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physical or biological features on the
landscape to determine where those
features are essential to the conservation
of the northern spotted owl. We have
further determined that the physical or
biological features essential to the
conservation of the northern spotted
owl require special management
considerations or protection, as
described below.
In areas occupied at the time of
listing, not all of the revised critical
habitat will contain all of the PCEs,
because not all life-history functions
require all of the PCEs. Some subunits
contain all PCEs and support multiple
life processes, while some subunits may
contain only those PCEs necessary to
support the species’ particular use of
that habitat. However, all of the areas
occupied at the time of listing and
designated as critical habitat support at
least the first PCE described (foresttype), in conjunction with at least one
other PCE. Thus PCE (1) must always
occur in concert with at least one
additional PCE (PCE 2, 3, or 4).
Special Management Considerations or
Protection
When designating critical habitat, we
assess whether the specific areas within
the geographical area occupied by the
species at the time of listing contain
features that are essential to the
conservation of the species and which
may require special management
considerations or protection. The term
critical habitat is defined in section
3(5)(A) of the Act, in part, as the specific
areas within the geographical areas
occupied by the species, at the time it
is listed, on which are found those
physical or biological features essential
to the conservation of the species and
‘‘which may require special
management considerations or
protection.’’ Accordingly, in identifying
critical habitat in areas occupied at the
time of listing, we determine whether
the features essential to the conservation
of the species on those areas may
require any special management actions
or protection. Here we present a
discussion of the special management
considerations or protections that may
be required throughout the critical
habitat for the northern spotted owl. In
addition, for the benefit of land
managers, we provide management
suggestions consistent with the
recommendations of the Revised
Recovery Plan for consideration.
An effective critical habitat strategy
needs to conserve extant, high-quality
northern spotted owl habitat in order to
reverse declining population trends and
address the threat from barred owls. The
northern spotted owl was initially listed
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as a threatened species due largely to
both historical and ongoing habitat loss
and degradation. The recovery of the
northern spotted owl therefore requires
both protection of habitat and
management where necessary to provide
sufficient high-quality habitat to allow
for population growth and to provide a
buffer against threats such as
competition with the barred owl.
Recovery Criterion 3 in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011) is the ‘‘Continued
Maintenance and Recruitment of
Northern Spotted Owl Habitat,’’ which
is further described as the achievement
of a stable or increasing trend in
northern spotted owl nesting, roosting,
and foraging habitat throughout the
range of the species. Meeting this
recovery criterion will require special
management considerations or
protection of the physical or biological
features essential to the conservation of
the northern spotted owl in all of the
critical habitat units and subunits, as
described here. Special management
includes both passive and active
management.
The 2011 Revised Recovery Plan for
the Northern Spotted Owl describes the
three main threats to the northern
spotted owl as competition from barred
owls, past habitat loss, and current
habitat loss (USFWS 2011, p. III–42). As
the barred owl is present throughout the
range of the northern spotted owl,
special management considerations or
protections may be required in all of the
critical habitat units and subunits to
ensure the northern spotted owl has
sufficient habitat available to withstand
competitive pressure from the barred
owl (Dugger et al. 2011, pp. 2459, 2467).
In particular, studies by Dugger et al.
(2011, p. 2459) and Wiens (2012, entire)
indicated that northern spotted owl
demographic performance is better
when additional high-quality habitat is
available in areas where barred owls are
present.
Scientific peer reviewers of the 2011
Revised Recovery Plan for the Northern
Spotted Owl (USFSW 2011, entire) and
Forsman et al. (2011, p. 77)
recommended that we address currently
observed downward demographic
trends in northern spotted owl
populations by protecting currently
occupied sites, as well as historically
occupied sites, and by maintaining and
restoring older and more structurally
complex multilayered conifer forests on
all lands (USFWS 2011, pp. III–42 to III–
43). The types of management or
protections that may be required to
achieve these goals and maintain the
physical or biological features essential
to the conservation of the owl in
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occupied areas vary across the range of
the species. Some areas of northern
spotted owl habitat, particularly in
wetter forest types, are unlikely to be
enhanced by active management
activities, but instead need protection of
the essential features; whereas other
forest areas would likely benefit from
more proactive forestry management.
For example, in drier, more fire-prone
regions of the owl’s range, habitat
conditions will likely be more dynamic,
and more active management may be
required to reduce the risk to the
essential physical or biological features
from fire, insects, disease, and climate
change, as well as to promote
regeneration following disturbance.
While we recommend conservation of
high-quality and occupied northern
spotted owl habitat, long-term northern
spotted owl recovery could benefit from
forest management where the basic
goals are to restore or maintain
ecological processes and resilience, as
discussed in detail in the Revised
Recovery Plan (USFWS 2011, pp. III–11
to III–39). Special management
considerations or protections may be
required throughout the critical habitat
to achieve these goals and benefit the
conservation of the owl. The natural
ecological processes and landscape that
once provided large areas of relatively
contiguous northern spotted owl habitat
(especially on the west side of the
Cascade Range) have been altered by a
history of anthropogenic activities, such
as timber harvest, road construction,
development, agricultural conversion,
and fire suppression. The resilience of
these systems is now additionally
challenged by the effects of climate
change. As recommended in the Revised
Recovery Plan for the Northern Spotted
Owl, active forest management may be
required throughout the range of the owl
with the goal of maintaining or restoring
forest ecosystem structure, composition,
and processes so they are sustainable
and resilient under current and future
climate conditions, to provide for the
long-term conservation of the species
(USFWS 2011, p. III–13). For example,
in some areas, past management
practices have decreased age-class
diversity and altered the structure of
forest patches; in these areas,
management, such as targeted
vegetation treatments, could
simultaneously reduce fuel loads and
increase canopy and age-class diversity
(Miller et al. 2009, p. 30; Stephens et al.
2009, p. 316–318; Stephens et al. 2012b,
p. 554; Fontaine and Kennedy 2012, p.
1559; Chmura et al. 2011, p. 1134;
USFWS 2011, p. III–18).
In moist forests that are currently
providing mature and late-successional
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forest that functions as habitat for
northern spotted owls, active
management is generally unnecessary to
conserve older growth forests (Johnson
and Franklin 2009, p. 3). Within
younger, homogeneous stands, active
management that retains larger and
older trees but reduces density of
smaller trees may be useful to accelerate
development of within-stand structural
diversity. Management insights, such as
those provided by Aubry et al. (2009,
entire), Johnson and Franklin (2009,
entire), Johnson and Franklin (2012
entire), Kerr 2012, entire), and Spies et
al. (2010, entire), provide examples of
how such actions could occur in a
manner consistent with northern
spotted owl conservation in moist
forests.
In dry forest regions, where natural
disturbance regimes and vegetation
structure, composition, and distribution
have been substantially altered since
Euro-American settlement, vegetation
and fuels management (through
influencing fire behavior, severity, and
distribution) may be required to retain
and recruit northern spotted owl habitat
on the landscape (Buchanan 2009, pp.
114–115; Healey et al. 2008, pp. 1117–
1118; Roloff et al. 2012, pp. 8–9; Ager
et al. 2007, pp. 53–55; Ager et al. 2012,
pp. 279–282; Franklin et al. 2009, p. 46;
Kennedy and Wimberly 2009, pp. 564–
565), to conserve other biodiversity
(Perry et al. 2011, p. 715), and to restore
more natural vegetation and disturbance
regimes and heterogeneity (e.g.,
Stephens et al. 2012b, pp. 557–558).
Special management considerations
may be required to maintain adequate
northern spotted owl habitat in the near
term, not only to allow northern spotted
owls to persist in the face of threats
from barred owl expansion and habitat
modifications from fire and other
disturbances, but also to restore
landscapes to a more resilient state in
the face of alterations projected to occur
with ongoing climate change (USFWS
2011, p. III–32).
If land managers are actively
managing forests, we recommend that
these activities be focused on lower
quality owl habitat (lower relative
habitat sustainability (RHS)); that these
activities focus on ecological
restoration, or apply principles of
ecological forestry; and, where possible,
evaluate the effects of these treatments
on northern spotted owls and other
species of concern using an active
adaptive forest management framework.
We recognize that the only regulatory
effect of the designation of critical
habitat is that section 7(a)(2) of the Act
applies, and that it does not require
active management or mandate any
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specific type of management; it only
requires that Federal agencies ensure
that their actions are not likely to
destroy or adversely modify critical
habitat, as those terms are used in
section 7. However, because the Act
requires us to make a determination that
the physical and biological features
essential to conservation of the species
may also need special management
considerations or protection, we are
taking this opportunity to describe, for
consideration by land managers,
specific management approaches and
types of forest where land managers
should consider applying them in order
to maintain sufficient suitable habitat
across the range of the owl. We have
determined that the physical and
biological features in habitat occupied
by the species at the time it was listed,
as represented by the primary
constituent elements, may require
special management considerations or
protection as required by 16 U.S.C.
1532(5)(A). However, nothing in this
rule requires land managers to
implement, or precludes land managers
from implementing, special
management or protection measures.
Because these will vary
geographically, here we provide a more
detailed discussion of the types of
management considerations or
protections that may be required to
preserve or enhance the essential
physical or biological features for the
northern spotted owl in the West
Cascades/Coast Ranges of Oregon and
Washington, East Cascades, Klamath
and Northern California Interior Coast
Ranges, and the Redwood Coast.
West Cascades/Coast Ranges of Oregon
and Washington
Special management considerations
or protection may be required in areas
of moist forests to conserve or protect
older stands that contain the conditions
to support northern spotted owl
occupancy (RA10: USFWS 2011, p. 43)
or contain high-value northern spotted
owl habitat (RA32: USFWS 2011, p. 67).
Silvicultural treatments are generally
not needed to maintain existing oldgrowth forests and high-quality habitat
on moist sites (Wimberly et al. 2004, p.
155; Johnson and Franklin 2009, pp. 3,
39). In contrast to dry forests, short-term
fire risk is generally lower in the moist
forests that not only dominate on the
west side of the Cascade Range, but also
occur east of the Cascades as a higherelevation band or as peninsulas or
inclusions in mesic forests. Disturbancebased management for forests and
northern spotted owls in moist forest
areas should be different from that
applied in dry forests. Efforts to alter
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either fuel loading or potential fire
behavior in these sites could have
undesirable ecological consequences as
well (Johnson and Franklin 2009, p. 39;
Mitchell et al. 2009, pp. 653–654;
USFWS 2011, p. III–17). Furthermore,
commercial thinning has been shown to
have negative consequences for
northern spotted owls (Forsman et al.
1984, Meiman et al. 2003) and their prey
(Waters et al. 1994, Luoma et al. 2003,
Wilson 2010). Active management may
be more appropriate in younger
plantations that are not currently on a
trajectory to develop old-growth
structure. These stands typically do not
provide high-quality northern spotted
owl habitat, although they may
occasionally be used for foraging and
dispersal.
In general, to advance long-term
northern spotted owl recovery and
ecosystem restoration in moist forests in
the face of climate change and past
management practices, special
management considerations or
protections may be required that follow
these principles as recommended in the
2011 Revised Recovery Plan (USFWS
2011, p. III–18):
(1) Conserve older stands that contain
the conditions to support northern
spotted owl occupancy or high-value
northern spotted owl habitat as
described in Recovery Actions 10 and
32 (USFWS 2011, pp. III–43, III–67). On
Federal lands this recommendation
applies to all land-use allocations (see
also Thomas et al. 2006, pp. 284–285).
(2) Management emphasis needs to be
placed on meeting northern spotted owl
recovery goals and long-term ecosystem
restoration and conservation. When
there is a conflict between these goals,
actions that would disturb or remove
the essential physical or biological
features of northern spotted owl critical
habitat need to be minimized and
reconciled with long-term ecosystem
restoration goals.
(3) Continue to manage for large,
continuous blocks of late-successional
forest.
(4) In areas that are not currently lateseral forest or high-value habitat and
where more traditional forest
management might be conducted (e.g.
matrix), these activities should consider
applying ecological forestry
prescriptions. Some examples that
could be utilized include Franklin et al.
(2002, pp. 417–421; 2007, entire), Kerr
(2012), Drever et al. (2006, entire),
Johnson and Franklin (2009, pp. 39–41),
Swanson et al. (2010, entire), and others
cited in the Revised Recovery Plan for
the Northern Spotted Owl (USFWS
2011, pp. III–14, III–17 to III–19).
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These special management
considerations or protections apply to
Units 1, 2, 4, 5 and 6 of the revised
critical habitat.
East Cascades
Special management considerations
or protection may be required in the
East Cascades to address the effects of
past activities associated with EuroAmerican settlement, such as timber
harvest, livestock grazing, fire
suppression, and fire exclusion, that
have substantially altered the inland
northwest, modifying the patterns of
vegetation and fuels, and subsequent
disturbance regimes to the degree that
contemporary landscapes no longer
function as they did historically
(Hessburg et al. 2000a, pp. 74–81;
Hessburg and Agee 2003, pp. 44–46;
Hessburg et al. 2005, pp. 134–135;
Skinner et al. 2006, pp. 178–179;
Skinner and Taylor 2006, pp. 201–203;
Miller et al. 2009, p. 30; Stephens et al.
2009, pp. 316–318; Stephens et al.
2012b, p. 554; Fontaine and Kennedy
2012, p. 1559; Chmura et al. 2011, p.
1134). This has affected not only the
existing forest and disturbance regimes,
but the quality, amount, and
distribution of northern spotted owl
habitat on the landscape (Buchanan
2009, pp. 114–115; Healey et al. 2008,
pp. 1117–1118; Roloff et al. 2012, pp. 8–
9; Ager et al. 2007, pp. 53–55; Ager et
al. 2012, pp. 279–282; Franklin et al.
2009, p. 46; Kennedy and Wimberly
2009, pp. 564–565). In order to preserve
the essential physical or biological
features, these dynamic, disturbanceprone forests should be managed in a
way that promotes northern spotted owl
conservation, responds to climate
change, and restores dry forest
ecological structure, composition and
processes, including wildfire and other
disturbances (USFWS 2011, p. III–20).
The following restoration principles
apply to the management that may be
required in this dry forest region
(USFWS 2011, pp. III–34 to III–35):
(1) Conserve older stands that contain
the conditions to support northern
spotted owl occupancy or high-value
northern spotted owl habitat as
described in Recovery Actions 10 and
32 (USFWS 2011, pp. III–43, III–67). On
Federal lands this recommendation
applies to all land-use allocations (see
also Thomas et al. 2006, pp. 284–285).
(2) Emphasize vegetation management
treatments outside of northern spotted
owl territories or highly suitable habitat;
(3) Design and implement restoration
treatments at the landscape level;
(4) Retain and restore key structural
components, including large and old
trees, large snags, and downed logs;
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(5) Retain and restore heterogeneity
within stands;
(6) Retain and restore heterogeneity
among stands;
(7) Manage roads to address fire risk;
and
(8) Consider vegetation management
objectives when managing wildfires,
where appropriate.
The above principles will result in
treatments that have a variety of effects
on northern spotted owl habitat in the
short and long term. For example, some
restoration treatments may have an
immediate neutral or beneficial effect on
existing northern spotted owl habitat
(e.g., roads management, some
prescribed fire prescriptions). Other
treatments, however, may involve
reductions in stand densities, canopy
cover, or ladder fuels (understory
vegetation that has the potential to carry
up into a crown fire)—and thus affect
the physical or biological features
needed by the species. At the stand
scale, this can result in a level of
conflict between conserving existing
northern spotted owl habitat and
restoring dry-forest ecosystems.
Resolution of such conflicts can be
enhanced by considering the range of
forest conditions that comprise suitable
owl habitat and tailoring management
accordingly.
Land managers should change from
the practice of implementing many
small, uncoordinated and independent
fuel-reduction and restoration
treatments. Instead, coordinated and
strategic efforts that link individual
projects to the larger objectives of
restoring landscapes while conserving
and recovering northern spotted owl
habitat are needed (sensu Sisk et al.
2005, entire; Prather et al. 2008, entire;
Gaines et al. 2010, entire). Some
examples of this type of planning in the
east Cascades that may be emulated or
referenced include the OkanagonWenatchee National Forest (USDA 2010,
entire), The Nature Conservancy (Davis
et al. 2012, entire), and the Deschutes
National Forest (Smith et al. 2011,
entire).
The special management
considerations or protections identified
here apply to Units 7 and 8 of the
revised critical habitat.
Klamath and Northern California
Interior Coast Ranges
The special management
considerations or protections that may
be required in the Klamath and
Northern California Interior Coast
Ranges represent a mix of the
requirements needed to maintain or
enhance the essential physical or
biological features in mesic and dry
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forest types. This region in
southwestern Oregon and northwestern
California is characterized by very high
climatic and vegetative diversity
resulting from steep gradients of
elevation, dissected topography, and
large differences in moisture from west
to east. Summer temperatures are high,
and northern spotted owls occur at
elevations up to 1,768 m (5,800 ft).
Western portions of this zone support a
diverse mix of mesic forest communities
interspersed with drier forest types.
Forests of mixed conifers and evergreen
hardwoods are typical of the zone.
Eastern portions of this zone have a
Mediterranean climate with increased
occurrence of ponderosa pine. Douglasfir dwarf mistletoe is rarely used for
nesting platforms in the west, but
commonly used in the east. The prey
base for northern spotted owls in this
zone is correspondingly diverse, but is
dominated by dusky-footed woodrats,
bushy-tailed woodrats, and flying
squirrels. Northern spotted owls have
been well studied in the western portion
of this zone (Forsman et al. 2005, p.
219), but relatively little is known about
northern spotted owl habitat use in the
eastern portion and the California
Interior Coast Range portion of the zone.
High canopy cover, high levels of
canopy layering, and the presence of
very large dominant trees were all
important features of nesting and
roosting habitat. Compared to other
zones, models of foraging habitat for this
zone showed greater divergence from
nesting habitat. Low to intermediate
slope positions were strongly favored. In
the eastern Klamath, presence of
Douglas-fir was an important
compositional variable. Habitat
associations in the Klamath zone are
diverse and unique, reflecting the
climate, topography, and vegetation of
this area. Nesting and roosting habitat
somewhat resembles that of other zones,
with a greater emphasis on topography
that provides some relief from high
temperatures while foraging habitat in
this zone includes more open forests.
Consequently, management actions
consistent with maintaining and
developing northern spotted owl habitat
need to consider local conditions. In
some areas, appropriate management
will be more consistent with dry forest
management strategies, while in other
areas wet forest management strategies
will be more appropriate.
This region contains habitat
characteristics of both moist and dry
forests interspersed across a highly
diverse landscape (Halofsky et al. 2011,
p. 1). The special management
recommendations from the moist and
dry forest sections, above, apply to the
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management actions or protections that
may be required in the Klamath and
Northern California Interior Coast
Ranges. Similar to the discussion in
moist forests concerning conservation of
small patches of early-seral habitat,
Perry et al. (2011, p. 715) noted that
replacement of early successional shrubhardwood communities by closed
forests in the absence of fire
significantly impacts landscape
diversity. Restoration of appropriate fire
regimes and use of targeted silvicultural
intervention may be effective where the
goal is to restore or maintain this
diversity (Halofsky et al. 2011, p. 15).
An example of this type of planning in
this area that may be emulated or
referenced is the Ashland Forest
Resiliency Project (USDA 2009, entire).
The special management
considerations or protections identified
here apply to Units 9, 10, and 11 of the
revised critical habitat.
Redwood Coast
Special management considerations
or protection may be needed in the
Redwood Coast Zone to maintain or
enhance the essential physical or
biological features for the owl. Although
the Redwood Coast zone of coastal
northern California is considered part of
the wet/moist forest region within the
range of the northern spotted owl, there
are distinct differences in northern
spotted owl habitat use and diet within
this zone. The long growing season in
this region, combined with redwood’s
ability to resprout from stumps, allows
redwood stands to attain suitable stand
structure for nesting in a relatively short
period of time (40–60 years) if legacy
structures are present. Late-successional
forest is an important component of
nesting and roosting habitat in the
Redwood Zone, and demographic
productivity on northern spotted owl
breeding sites has been positively
correlated with the density of legacy
trees in proximity to owl nest sites
(Thome et al. 1999, p. 57). Forest
management in this region should
conserve older stands that contain the
conditions to support northern spotted
owl occupancy or high-value northern
spotted owl habitat as described in
Recovery Actions 10 and 32 (USFWS
2011, pp. III–43, III–67). On Federal
lands this recommendation applies to
all land-use allocations (see also
Thomas et al. 2006, pp. 284–285). In
this region, some degree of fine-scale
fragmentation in redwood forests
appears to benefit northern spotted
owls. Forest openings aged 5 to 20 years
(e.g., harvest units or burns), with dense
shrub and hardwood cover, and
abundant food sources, can provide
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high-quality habitat for the northern
spotted owl’s primary prey, the duskyfooted woodrat. Woodrat populations
within recent openings probably peak
by about stand age 10. Food sources and
understory cover decline steadily
through about stand age 20, when the
woodrat population-source diminishes.
In northern spotted owl territories
within the Redwood Zone, active
management that creates small openings
in proximity to nesting, roosting, or
foraging habitat may enhance northern
spotted owl foraging opportunities.
The special management
considerations or protections identified
here apply to Unit 3 of the revised
critical habitat.
Summary of Special Management
Considerations or Protection
We find that each of the areas
occupied at the time of listing that we
are designating as critical habitat
contains features essential to the
conservation of the species that may
require special management
considerations or protection to ensure
the conservation of the northern spotted
owl. These special management
considerations or protection may be
required to preserve and enhance the
essential features needed to achieve the
conservation of the northern spotted
owl. Additional information on
management activities compatible with
northern spotted owl conservation can
be found within the Section 7
Consultation section of this preamble.
VII. Criteria Used To Identify Critical
Habitat
As required by section 4(b)(1)(A) of
the Act, we use the best scientific and
commercial data available to designate
critical habitat. We have reviewed the
available information pertaining to the
habitat requirements of the species. In
accordance with the Act and its
implementing regulations at 50 CFR
424.12(e), based on this review, we have
identified the specific areas within the
geographical area occupied by the
species at the time it was listed on
which are found those physical or
biological features essential to the
conservation of the species, and which
may require special management
considerations or protection. In
addition, we considered whether any
additional areas outside those occupied
at the time of listing are essential for the
conservation of the species.
Occupied Areas
For the purpose of developing and
evaluating this revised critical habitat
designation for the northern spotted
owl, we identified ‘‘geographical area
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71911
occupied by the species’’ at the time it
was listed consistent with the species’
distribution, population ecology, and
use of space. We based our
identification of occupied geographical
areas on: (1) The distribution of verified
northern spotted owl locations at the
time of listing and (2) scientific
information regarding northern spotted
owl population structure and habitat
associations.
We determined the geographical area
occupied by the species at the time of
listing based in part on a habitat
suitability model incorporating the
distribution of approximately 4,000
known northern spotted owl territories
across the geographical range of the
species (USFWS 2011, Appendix C). We
used this model rather than just relying
on surveyed sites at that time because
large areas within the species’
geographical range had not been
surveyed; therefore the distribution of
northern spotted owl populations was
incompletely known at the time the
species was listed, and remains so
today. For this reason, designating
critical habitat based solely on the
locations of territories identified
through surveys would exclude a
substantial proportion of the area that
would have been occupied by the
species at the time of listing, and that
provides the physical or biological
features essential to the conservation of
the species. To address this, we used
our descriptions of the physical and
biological features to develop a habitat
suitability model that enabled us to map
the distribution of relative habitat
suitability and reliably identify areas
that would have supported northern
spotted owl territories at the time of
listing, based on habitat value (USFWS
2011, Appendix C). Our habitat
suitability model was based on GNN
(Gradient Nearest Neighbor) vegetation
data from 1996, and the locations of
approximately 4,000 known owl pairs
documented within 3 years of the date
of the GNN vegetation data (USFWS
2011, p. C–20). Because our evaluations
of model performance demonstrated
that the models had good predictive
ability (USFWS 2011, Appendix C, p.
C–38–42) we used the relative habitat
suitability models to predict the
distribution of areas that would have
supported occupancy by spotted owls at
the time of listing.
Because the best available habitat and
owl location data and information
corresponded to 1996, we made an
explicit assumption that the 1996-based
habitat suitability model would reliably
predict the distribution of spotted owls
at the time of listing (1990). This
assumption was based on: (1) Our
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expectation that patterns of habitat
selection by spotted owls would not
change over a 6-year period; (2) the high
degree of site fidelity exhibited by
territorial spotted owls over many years;
and (3) the fact that the amount and
distribution of older forest habitat,
which takes many decades to develop
and is a primary component of northern
spotted owl habitat, would not have
increased significantly in the period
between listing and 1996. Therefore, we
concluded that the 1996 GNN layer is a
reasonable representation of the habitat
that would have been occupied by
northern spotted owls at the time of
listing.
We tested this assumption by
analyzing the relationship between our
1996 habitat suitability map and the
distribution of 3,723 spotted owl sites
known to be occupied at the time of
listing (1987–1996). This time period
reasonably represents the time of listing
because northern spotted owls are
relatively long-lived and exhibit a high
degree of fidelity to territory core areas;
their territory locations are, therefore,
relatively stable through time, unless
substantial changes occur to territory
habitat. For this reason, we consider it
highly likely that locations occupied
between 1987 and 1990, and 1990 and
1996 were also occupied at the time of
listing in 1990. We found that over 85
percent of the proposed critical habitat
area was within the estimated home
ranges of known spotted owl sites,
strongly supporting our assumption that
the model reliably predicted areas were
occupied at the time of listing.
However, restricting a definition of
occupancy to areas known to be used by
resident territorial owls overlooks a
large segment of the owl population that
is not generally reflected in standard
survey methodologies, as described
below. Northern spotted owl
populations consist of the territorial,
resident owls, for which we have
documentation of occupancy
throughout much of the owl’s range,
described above, but also include
nonterritorial adult ‘‘floaters’’ and
dispersing subadult owls. Both
dispersing subadults and nonterritorial
floaters are consistently present on the
landscape and require suitable habitat to
support dispersal and survival until
they recruit into the breeding
population; this habitat requirement is
in addition to that already utilized by
resident territorial owls. Nonterritorial
owls are difficult to detect in surveys
because most surveys rely on territorial
defense behavior of resident owls
(responding to artificial owl calls) to
determine their presence. Because they
are difficult to detect, the number and
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distribution of nonterritorial and
dispersing owls is poorly known for any
given northern spotted owl population.
However, they constitute essential
elements of northern spotted owl
populations, and can reliably be
assumed to occur in suitable habitat
within the same landscapes occupied by
territorial owls. As stated, the great
majority (85 percent) of the area within
the identified critical habitat is covered
by the home ranges of known owl
territories at the time of listing. Because
it is well established that dispersing
subadults and non-territorial northern
spotted owls regularly occupy highquality habitat in the vicinity of other
territorial northern spotted owls, and
because our relative habitat suitability
models exhibited high accuracy at
predicting the probability of presence by
owls, we conclude that these areas of
high-quality habitat were occupied by
the species at the time of listing.
Therefore, based on the best available
scientific information regarding
population structure of northern spotted
owls, ‘‘occupied at the time of listing’’
encompasses (1) home ranges of
resident, territorial northern spotted
owls known from surveys to be present
at the time of listing, (2) home ranges of
territorial owls that would have been
present at the time of listing based on
a model developed specifically to
predict owl presence based on relative
habitat suitability, and (3) areas used by
nonterritorial and dispersing owls that
were likely to be present within the
matrix of territories in a given landscape
known to be occupied by resident owl
pairs.
Having determined our working
definition of the term ‘‘occupied,’’ in
this instance, we then characterized
‘‘specific areas’’ as used in the
definition of critical habitat in section
3(5)(A) of the Act, to conform with
known patterns of space-use and
distribution exhibited by northern
spotted owls. Northern spotted owls are
wide-ranging organisms that maintain
large home ranges and disperse
relatively long distances. Home ranges
are used regularly by territorial owls for
foraging, raising young, and other
activities, and are actively defended by
the resident pair year-round; as such,
we consider these home ranges to be
continually occupied by the species.
Although much activity is centered on
core areas within the home ranges,
northern spotted owls are dependent
upon the entirety of the home range for
prey resources and use it on a regular
basis throughout the year. As described
earlier, territorial northern spotted owls
cover home ranges from roughly 1,400
ac (570 ha) at the southern end of their
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range (Zabel et al. 1995, p. 436) up to
over 14,000 ac (5,700 ha) (USDI 1992, p.
23; USFWS 1994 in litt., p. 1) in the
northern portion of the species’ range.
These large home ranges may overlap
with those of neighboring northern
spotted owls, such that large landscapes
may be fully occupied by population
clusters in areas where suitable habitat
is well distributed. Some demographic
study areas still exhibit this pattern over
large landscapes today, although
overlapping home ranges were more the
case when the northern spotted owl was
first listed, prior to extensive
colonization of the species’ range by the
barred owl.
To conservatively evaluate the
proportion of each subunit that was
composed of areas known to be
occupied by northern spotted owls at
the time of listing, we calculated the
area within estimated home ranges
(USFWS 2011, p. C–63 Table C–24) for
all verified northern spotted owl
locations known at the time of listing,
as described above. Overall, 85 percent
of the area designated is within
estimated home ranges of verified
territorial northern spotted owls located
through surveys at the time of listing;
this area is entirely representative of
verified owl locations, and does not
include habitat occupied based on
habitat suitability or nonresident owls.
Twenty-two (37 percent) of the 60
subunits have at least 90 percent of their
area within verified known home
ranges; 41 (68 percent) have at least 70
percent. As explained above, given that
these areas represent occupancy by
verified resident owls only, and
considering the suitable habitat
available at the time of listing in these
same landscapes, we conclude that the
remainder of these areas was occupied
by other resident owls that simply were
not within surveyed areas, nonterritorial
adult owls (floaters), or dispersing
subadults.
To help us identify and map potential
critical habitat for the owl, we used a
three-step modeling framework
developed as part of the Revised
Recovery Plan that integrates a northern
spotted owl habitat model, a habitat
conservation planning model, and a
population simulation model. The
details of this modeling framework are
presented in Appendix C of the Revised
Recovery Plan (USFWS 2011), and a
detailed technical description of the
modeling and habitat network
evaluation process we used in this
revised designation of critical habitat is
provided in Dunk et al. (2012b, entire).
Both of these supporting documents are
available at https://www.regulations.gov
(see ADDRESSES), or by contacting the
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Oregon Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT).
The overall approach for critical
habitat modeling consisted of three
main steps (USFWS 2011, Appendix C,
p. C–3) to help refine, select, and
evaluate a series of alternative critical
habitat networks for the northern
spotted owl. Each of these steps helped
us to identify a critical habitat network
that meets the statutory definition of
critical habitat, namely, the distribution
of the physical or biological features
needed by the species across its
geographical range occupied at the time
of listing, and the identification of a
landscape configuration where these
features, as well as any necessary
unoccupied areas, are essential to the
conservation of the species. These steps
are summarized here, and then each is
described in further detail.
Step 1: At the outset, the attributes of
forest composition and structure and
characteristics of the physical
environment associated with nesting,
roosting, and foraging habitat—physical
or biological features used by the
species—were identified based on
published research, input from
individual experts, and analysis of
northern spotted owl location and
habitat data from nearly 4,000 known
owl pairs (USFWS 2011, pp. C–20 to C–
28). We then used these physical or
biological features of nesting, roosting,
and foraging habitats to create a
rangewide map of relative habitat
suitability using the model MaxEnt
(Phillips et al. 2006, entire; Phillips and
Dudik 2008, entire), based on the habitat
selection exhibited by these known owl
pairs. In addition to providing a map of
relative habitat suitability, this process
allowed us to evaluate an area’s
suitability and determine whether the
presence of the species was likely based
on an assessment of known specieshabitat relationships.
Step 2: We developed northern
spotted owl habitat networks based on
the relative habitat suitability map using
the Zonation conservation planning
model (Moilanen and Kujala 2008,
entire). The Zonation model used a
hierarchical prioritization of the
landscape based on relative habitat
suitability and other user-specified
criteria (e.g., land ownership) to develop
the most efficient solutions for
incorporating high-value habitat.
Zonation analyses were conducted
separately for each region to ensure that
reserves would be well-distributed
across the range of the owl. Zonation
also allowed for consideration of land
ownership in development of reserve
designs.
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Step 3: In the last step, we determined
where the physical or biological
features, as well as unoccupied areas,
are essential to the conservation of the
species. To do this we used a spatially
explicit northern spotted owl
population model (HexSim) (Schumaker
2008, entire) to predict relative
responses of northern spotted owl
populations to different habitat network
designs, and evaluated these responses
against the recovery objectives and
criteria for the northern spotted owl
using a rule set based on those criteria.
Simulations from these models are not
meant to be estimates of what will occur
in the future, but rather provide
information on trends predicted to
occur under different network designs;
this allowed us to compare the relative
performance of various critical habitat
scenarios.
In Step 1 of the modeling framework,
we used published research, input from
individual experts, and analysis of
northern spotted owl location and
habitat data to develop models of
relative habitat suitability for northern
spotted owls. These relative habitat
suitability models identify areas with
habitat that provides the combination of
variables (forest composition and
structure, and abiotic factors such as
elevation, precipitation, and
temperature) with a high predictive
probability of supporting northern
spotted owls, based on data gathered
from known owl sites. Based on the
physical or biological features of
nesting, roosting, and foraging habitats
known to be utilized by resident owls,
we used these models to identify areas
containing those physical or biological
features required by the owl, and to map
their distribution across the range of the
owl (USFWS 2011, pp. C–27 to C–42, C–
62). Because the models are based in
large part on data from nearly 4,000 owl
sites (USFWS 2011, p. C–62), model
outputs highlight surveyed and verified
owl home ranges. However, they also
identify areas with habitat that
supported territorial and non-territorial
owls at the time of listing, based on
habitat suitability, and areas that may
have been unoccupied at the time of
listing, but that may be essential for the
conservation of the species based on
their relative habitat suitability as well
as the habitat characteristics needed for
population growth or dispersal (see
below). To ensure that the variety of
physical or biological features used by
northern spotted owls across their range
is represented in the models, we applied
separate habitat models for each of 11
ecological regions, based on differences
in forest environments, northern spotted
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owl habitat use and prey distribution,
and variation in ecological conditions
(USFWS 2011, C–7 to C–13).
In Step 2 of the modeling framework,
we used a habitat conservation planning
model (Zonation) (Moilanen et al. 2005,
entire; Moilanen and Kujala 2008,
entire) to develop a northern spotted
owl conservation planning model. We
used this in the critical habitat process
to aggregate areas of greatest relative
habitat suitability (areas occupied at the
time of listing that provide the physical
or biological features, or areas of habitat
that may have been unoccupied at the
time of listing, but have the potential to
play an essential conservation role, for
example, in providing connectivity
between isolated populations) from Step
1 into discrete units. This process
provided a series of maps representing
a range of alternative critical habitat
networks, each containing a different
amount and distribution of northern
spotted owl habitat quality (representing
differing amounts and configurations of
the primary constituent elements). The
Zonation model seeks to provide the
most efficient design (most habitat value
on smallest land area) and allowed us to
maximize reliance on public lands to
provide what is essential to northern
spotted owl conservation.
In Step 3 of the modeling framework,
we developed a northern spotted owl
population simulation model that
allowed us to simulate the relative
population responses of northern
spotted owls to various habitat
conservation network scenarios
(HexSim) (Schumaker 2011, entire). In
developing this rule, we used this
northern spotted owl population
simulation model to compare alternative
critical habitat networks and evaluate
each design’s ability to meet the
recovery goals and criteria for the
northern spotted owl (described further
below, and in detail in Dunk et al.
2012b). This step of the process enabled
us to determine the amount and
configuration of physical or biological
features on the landscape that are
essential to the conservation of the owl,
as well as to determine those
unoccupied areas essential for the
conservation of the species. By
evaluating northern spotted owl
population metrics, such as relative
population size, population trend, and
extinction risk that resulted from each
scenario evaluated, we are designating
the most efficient habitat network
necessary to conserve the northern
spotted owl (efficient, as noted above, in
terms of balancing greatest conservation
value for the owl in proportion to acres
designated). This network has the
potential to support an increasing or
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stable population trend of northern
spotted owls, exhibits relatively low
extinction risk, both rangewide and at
the recovery unit scale (recovery units,
as identified in the Revised Recovery
Plan for the Northern Spotted Owl, are
defined by physiographic provinces
(USFWS 2011, pp. III–1 to III–2)), and
achieves adequate connectivity among
recovery units, while prioritizing
reliance on public lands.
We determined what is essential to
recovery of the northern spotted owl by
evaluating the performance of each
potential critical habitat scenario
considered against the recovery needs of
the owl. In contrast with earlier
conservation modeling efforts for the
northern spotted owl, the modeling
framework we utilized does not rely on
a priori (predefined) rule sets for
features such as size of habitat blocks,
number of owl pairs per block, or
distance between blocks (USFWS 2011,
p. C–4) to determine what is essential
for the conservation of the species.
Instead, we evaluated northern spotted
owl population metrics such as relative
population size and trend to determine
what is essential to owl conservation,
both in terms of where and how much
of the physical or biological features are
essential and how much unoccupied
habitat is essential to meet the recovery
objectives for the owl, as defined in the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, p. ix) and
detailed in our supporting
documentation (Dunk et al. 2012b,
entire).
To accomplish this, we developed a
rule set for the identification of critical
habitat based on the ability of that
habitat to meet the recovery objectives
and criteria set forth in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011, p. ix). The recovery
objectives for the northern spotted owl
are:
(1) Northern spotted owl populations
are sufficiently large and distributed
such that the species no longer requires
listing under the Act;
(2) Adequate habitat is available for
northern spotted owls and will continue
to exist to allow the species to persist
without the protection of the Act; and
(3) The effects of threats have been
reduced or eliminated such that
northern spotted owl populations are
stable or increasing and northern
spotted owls are unlikely to become
threatened again in the foreseeable
future.
The recovery criteria for the northern
spotted owl (aside from the requirement
for post-delisting monitoring) are:
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Recovery Criterion 1—Stable
Population Trend: The overall
population trend of northern spotted
owls throughout the range is stable or
increasing over 10 years, as measured by
a statistically reliable monitoring effort.
Recovery Criterion 2—Adequate
Population Distribution: Northern
spotted owl subpopulations within each
province (i.e., recovery unit), excluding
the Willamette Valley Province, achieve
viability, as informed by the HexSim
population model or some other
appropriate quantitative measure.
Recovery Criterion 3—Continued
Maintenance and Recruitment of
Northern Spotted Owl Habitat: The
future range-wide trend in northern
spotted owl nesting/roosting and
foraging habitat is stable or increasing
throughout the range, from the date of
Revised Recovery Plan approval, as
measured by effectiveness monitoring
efforts or other reliable habitat
monitoring programs.
We used the following rule set to
compare and evaluate the potential of
various habitat scenarios to meet these
recovery objectives and criteria, and
thus determine what is essential to the
conservation of the northern spotted
owl:
(1) Ensure sufficient habitat to
support population viability across the
range of the species.
(a) Habitat can support an increasing
or stable population trend, as measured
by a population growth rate of 1.0 or
greater.
(b) Habitat will be sufficient to insure
a low risk of extinction.
(2) Support demographically stable
populations in each recovery unit.
(a) Habitat can support an increasing
or stable population trend in each
recovery unit.
(b) Habitat will be sufficient to insure
a low risk of extinction in each recovery
unit.
(c) Conserve or enhance connectivity
within and among recovery units.
(d) Conserve genetic diversity.
(e) Ensure sufficient spatial
redundancy in critical habitat within
each recovery unit.
(i) Accommodate habitat disturbance
due to fire, insects, disease, and
catastrophic events.
(3) Ensure distribution of northern
spotted owl populations across
representative habitats.
(a) Maintain distribution across the
full ecological gradient of the historical
range.
(4) Acknowledge uncertainty
associated with both future habitat
conditions and northern spotted owl
population performance—including
influence of barred owls, climate
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change, fire/disturbance risk, and
demographic stochasticity—in
assessment of critical habitat design.
These critical habitat objectives of
supporting population viability and
demographically stable populations are
intended to be met in concert with the
implementation of recovery actions to
address other nonhabitat-based threats
to the owl.
We applied this rule set to the
outcome of HexSim modeling
simulations on the various habitat
scenarios considered (see Appendix C of
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011)
and Dunk et al. 2012b, entire, for all
details). Each HexSim simulation began
with a population of 10,000 females (all
population metrics are in numbers of
females), consisted of 100 replicates and
350 time steps for each habitat scenario
considered, and included the
introduction of environmental
stochasticity. We then evaluated the
relative performance of each habitat
scenario using numerous metrics to
assess the ability of that scenario to
meet the specified recovery goals for the
northern spotted owl, as laid out in our
rule set for identifying critical habitat;
these metrics were evaluated at the scale
of each region, as well as collectively
rangewide. Our metrics of population
performance resulting from each habitat
scenario considered included:
• The percentage of simulations
during which the rangewide population
fell below 1,250 individuals.
• The percentage of simulations
during which the rangewide population
fell below 1,000 individuals.
• The percentage of simulations
during which the rangewide population
fell below 750 individuals.
• The percentage of simulations
during which the population fell below
250 in each region (using 250 as a quasiextinction threshold).
• The percentage of simulations
during which the population fell below
100 in each region (using 100 as a quasiextinction threshold).
• The percentage of simulations that
went to extinction (population = 0) in
each region.
• The mean population size from
time step 150 to time step 350 in each
region.
• The mean population size at the last
time step in each region.
• The mean population size at the last
time step rangewide.
Measures of extinction risk are used
as an indirect measure of sufficient
population abundance, as well as
viability.
These metrics were used to
comparatively evaluate the ability of
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each scenario under consideration to
determine what is essential for the
conservation of the species as informed
by our rule set. We selected habitat
scenarios for further evaluation if they
outperformed the other scenarios under
consideration in terms of being better
able to meet the population abundance,
viability, and trend criteria both across
regions and rangewide. In all cases, we
attempted to identify the most efficient
(smallest) total area that would meet the
population goals essential to recovery.
Our final critical habitat designation is
based on the habitat network that best
met all of these criteria, and then was
further refined, as described below.
We also focused on public lands to
the maximum extent possible (see Dunk
et al. 2012b, entire, for specific details).
In this step, we compared scenarios that
did not discriminate between various
land ownerships, and those that
prioritized publicly owned lands. As
Federal agencies have a mandate under
section 7(a)(1) of the Act to utilize their
authorities in furtherance of the
purposes of the Act by carrying out
programs for the conservation of listed
species, we looked first to Federal lands
for critical habitat. However, in some
areas of limited Federal ownership,
State and private lands may provide
areas determined to be essential to the
northern spotted owl by contributing to
demographic support and connectivity
to facilitate dispersal and colonization.
In all cases, if the scenarios under
consideration provided equal
contribution to recovery, as measured
by the population metrics described
above, we chose the scenario that
prioritized inclusion of federally owned
lands. State and private lands were
included only if they were necessary to
achieve conservation of the species, and
were determined to provide either
occupied areas that support the PCEs or
unoccupied areas essential for the
conservation of the owl. We also
considered Indian lands in our
evaluations; if habitat scenarios
performed equally well with or without
Indian lands, we did not include them
(see Indian Lands, below).
To determine which of the numerous
potential arrays of habitat we
considered contained only those areas
that are essential to the conservation of
the northern spotted owl, we evaluated
each of them according to the rule set
and criteria detailed above. Briefly
summarizing, all of the habitat networks
we assessed contained varying amounts
of the physical or biological features
needed by the northern spotted owl in
varying amounts and spatial
arrangements across the range of the
species. Our first consideration in
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determining which of these scenarios
contained the physical or biological
features in the quantity and
configuration essential to the
conservation of the species (i.e., the
physical and biological features
essential to the conservation of the
species) was our evaluation of how well
the network performed in terms of
contributing toward the recovery criteria
for the northern spotted owl; we used
the recovery criteria as our standard for
the conservation of the species.
To ensure that we designated only
what is essential to the species’
conservation, our secondary
consideration was efficiency. For our
purposes, we evaluated efficiency both
in terms of number of acres and
landownership. Some of the networks
we evaluated were smaller than this
final designation, or did not include any
State or private lands; however, such
networks failed to meet the recovery
criteria required to achieve the
conservation of the species, and
therefore could not be considered to
provide the quantity and configuration
of the physical or biological features
essential to the conservation of the
species. Other potential designations
were significantly larger than this final
designation and while they were also
capable of meeting the recovery criteria,
they did not provide proportionately
greater conservation value relative to the
additional area (as measured, for
example, in relative projected numbers
of owls). We concluded that such
networks therefore included large areas
of habitat that may contribute to
recovery, but that are not necessary to
achieve the recovery criteria for the
northern spotted owl, therefore these
superfluous areas could not be
considered essential to the conservation
of the species.
Finally, our assessment of potential
habitat networks, based not only on the
population models but additionally
refined by expert opinion, as described
below, indicated that critical habitat
limited to areas presently occupied by
the northern spotted owl would not be
sufficient to achieve the recovery
criteria for the species, as such a
designation would lead to inadequate
population distribution and inadequate
population connectivity (50 CFR
424.12(e)). Modeling led us to a similar
conclusion regarding areas that were
occupied at the time of listing; networks
limited to such areas were not capable
of meeting the recovery criteria for the
species, and the models assisted us in
identifying those additional specific
areas of habitat unoccupied at the time
of listing that are essential in terms of
achieving the conservation of the
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species. Another element of an essential
network was therefore the identification
of sufficient areas of suitable habitat or
potentially suitable habitat not presently
occupied by the northern spotted owl,
or that was not occupied at the time of
listing, to achieve the conservation of
the species, in conjunction with
occupied habitat.
Our final designation is the critical
habitat network that includes the
quantity and spatial configuration of
habitat that meets the requirement that
it contain occupied areas with the
essential physical and biological
features or unoccupied areas that are
themselves essential for conservation of
the species by achieving the recovery
criteria for the northern spotted owl
while avoiding the designation of areas
of habitat that do not make an essential
contribution to the conservation of the
species. This essential habitat network
is composed predominantly of areas
occupied at the time of listing and that
contain the essential physical or
biological features, in conjunction with
some areas that may have been
unoccupied at the time of listing, to
collectively comprise the habitat
configuration and quantity that most
efficiently meets the recovery criteria for
the species. All areas in this final
critical habitat designation, whether
considered occupied at the time of
listing or unoccupied at the time of
listing, are therefore considered
essential to the conservation of the
species. The specific modeling
outcomes and our evaluation of each
potential critical habitat network are
presented in detail in Dunk et al. 2012b.
It is important to recognize that
although the application of this
modeling framework provided the
foundation for identifying those areas
that meet the definition of critical
habitat for the northern spotted owl, the
models do not simply produce a map of
critical habitat. Working from the model
results, we then further refined the
model-based map units, after
considering land ownership patterns,
interagency coordination, and best
professional judgment, with the
objective of increasing the efficiency
and effectiveness of the critical habitat
designation, as well as making
corrections based on ground truthing
and local knowledge. The process
generally consisted of modifying
boundaries to better conform to existing
administrative and landscape features,
removing small areas of relatively
lower-suitability habitat, and
incorporating additional areas that may
have been unoccupied at the time of
listing, but were determined to be
essential for population connectivity,
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for population growth, or to
accommodate maintenance of suitable
habitat on the landscape for owls in the
face of natural disturbance regimes (e.g.,
fire) or competition with the barred owl,
while retaining the overall configuration
of the model-based maps. In addition, as
part of this refinement process, expert
knowledge helped us to identify
essential areas such as the unique oak
woodland ecotype used by northern
spotted owls at the southernmost extent
of the species’ range in Napa, Sonoma,
and Marin Counties, California. We
used the population simulation model
to evaluate whether this revised critical
habitat network continued to provide
what is essential to the conservation of
the northern spotted owl, and used this
same process to evaluate changes made
between the proposed and final rule (see
Changes from Proposed Rule for
details).
Summary of How We Determined Where
Physical and Biological Features and
Unoccupied Areas Are Essential to
Conservation of the Species
The decision of where the requisite
physical and biological features and
unoccupied areas are essential to the
northern spotted owl was made by
identifying those areas in the range of
the owl that are necessary to achieving
a relatively high likelihood of meeting
the recovery objectives described in the
Revised Recovery Plan (USFWS 2011, p.
ix), while at the same time minimizing
the inclusion of areas that are relatively
less important or not necessary to
spotted owl recovery. Striking this
balance required by the Act—
designating only those areas that
contain the essential features or are
themselves essential for conservation of
the species and not unnecessarily
designating the entire geographical area
that is or can be occupied by the
species—was accomplished using the
best available information: a
combination of scientific modeling,
expert scientific opinion of agency
biologists and peer reviewers, and
careful consideration of public
comment.
We made sure that this final critical
habitat designation includes only what
is essential to the species’ conservation
by evaluating a variety of potential
critical habitat networks and assessing
their relative probability of meeting
recovery objectives and, secondarily,
their relative ‘‘efficiency’’ in meeting
these objectives. The various scenarios
were designed to bracket a variety of
conditions and included different
aggregations of total habitat area,
landscape juxtaposition, and forest
conditions. Some were smaller or larger
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in total size than this final designation,
and some did or did not include Federal
matrix lands, State lands, or private
lands. The process of comparing
alternative networks and population
results is described in detail in the
Modeling Supplement (Dunk et al.
2012b). When compared to other
possible network scenarios, we
conclude the final identification of
critical habitat either contains essential
physical and biological features or is
otherwise essential because it has the
highest likelihood of meeting recovery
objectives in the most efficient manner
for the following reasons.
(1) It ensures that northern spotted
owl populations are sufficiently large to
exhibit low extinction risk at the
rangewide scale. Under the final
designation, modeled rangewide
populations have less than a 10 percent
probability of declining to fewer than
1,000 females, and a 3 percent
probability of declining to fewer than
750 females. Modeled population size
and extinction risk results for the
designation are within the top 10
percent of all alternative networks, yet
the designation is much smaller than
other top-ranking alternatives.
(2) It ensures that northern spotted
owl populations are well-distributed
across the geographic range of the
species by selecting a habitat network
that supports population sizes with low
extinction risk within each of 11
modeling regions. Modeling regionspecific population sizes in the final
designation are in the top 10 percent of
all alternative networks.
(3) It ensures that adequate amounts
of current and future habitat is available
for spotted owls to persist and recover
by designating a habitat network
consisting of approximately 50 percent
of the available high-suitability spotted
owl habitat rangewide. An additional 21
percent of high-quality habitat is
encompassed within Congressionally
Reserved lands that are not designated,
but will retain their value for spotted
owls. This high-quality habitat, in
addition to areas required for
population connectivity, is necessary to
support rangewide populations with
low extinction risk at both rangewide
and regional scales.
(4) Compared to previous spotted owl
conservation strategies, it provides
increased redundancy in habitat to help
buffer potential adverse impacts due to
climate change and other stochastic (i.e.,
unpredictable) events by enlarging the
total area of the final designation within
the fire-prone portions of the northern
spotted owl’s range. This means that the
final designation supports larger
populations in some modeling regions
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than would be minimally required to
achieve low extinction risk. Although it
is impossible to predict with precision
how much redundancy may be required
to deal with future changes in forest
conditions, this is essential to
ameliorating the potential impacts of
fire, insects, and forest disease on
spotted owls.
(5) The balancing of population
objectives and parsimony resulted in a
final designation that encompasses 50
percent of the total available highsuitability habitat rangewide and less
than nine percent of low-quality habitat,
and supported population size and
extinction risk within the top 10 percent
of all alternatives. Other larger
alternatives had similar or slightly better
population characteristics, but
contained much larger proportions of
lower-suitability habitat. The small
amount of low-quality habitat contained
in the final designation is essential
because it provides for population
growth and connectivity both within
regional populations and between
populations; however, we determined
that additional lower-suitability habitat
was not necessary to the conservation of
the species.
We considered but rejected potential
critical habitat networks that provided
less total area, that did not include
Federal matrix lands, or that did not
include some State or private lands
where Federal lands were lacking,
because these networks had a
significantly lower likelihood of
meeting recovery objectives as measured
by demographic modeling results and
expert scientific opinion. For example,
modeled rangewide population sizes in
this final designation were 1.7 times
larger than under the proposed rule’s
Possible Outcome 4, which did not
include any State or private lands, and
nearly twice the size of populations
under 2008 critical habitat. This larger
population size is essential because it
results in low extinction risk. Likewise,
we considered but rejected several
potential networks that included
significantly more total area than the
final designation. These potential
networks had a high probability of
meeting recovery objectives as measured
by model results and expert opinion,
but they did not confer much of a net
increase in the likelihood of meeting
recovery objectives beyond what is
provided by the final designation. This
lack of parsimony, combined with a lack
of a proportional increase in measurable
demographic performance, justified the
rejection of these larger potential
networks when compared to the final
designation.
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This methodological approach was
generally supported by the scientific
peer reviewers. One peer reviewer felt
the proposed critical habitat identified
too much total area, and another peer
reviewer felt that more land area should
be included, but most peer reviewers
felt the total area and the juxtaposition
of land areas seemed reasonable and
scientifically justified given the current
status of the owl and the recovery
objectives. Most of these experts also
concluded that the use of the modeling
process was justified for informing the
final decision.
In sum, we believe this final
designation of critical habitat for the
northern spotted owl meets the intent of
the Act by identifying those areas
containing essential features or are
otherwise essential in a way that has a
very high probability of providing for
the conservation of the species, while
minimizing the potential for
unnecessarily including areas of low
conservation value to the species.
Unoccupied Areas
Based on the northern spotted owl’s
wide-ranging use of the landscape, and
the distribution of known owl sites at
the time of listing across the units and
subunits designated as critical habitat in
this rule, we find that all units and all
subunits meet the Act’s definition of
being within the geographical area
occupied by the species at the time of
listing.
As noted above in Occupied Areas,
within the units and subunits
designated as critical habitat, each
consists predominantly of habitat
occupied by the species at the time of
listing. However, parts of most units and
subunits contain a forested mosaic that
includes younger forests that may not
have been occupied at the time of
listing; we evaluated such areas of
younger forest as unoccupied at the time
of listing. Unoccupied areas must meet
the standard of section 3(5)(a)(ii) of the
Act: They must be determined to be
essential for the conservation of the
species. In addition, there are some
areas we have concluded were highly
likely occupied at the time of listing,
based on the presence of suitable habitat
and our predictive models, but
acknowledge there is some element of
uncertainty to recognizing these areas as
occupied under the statutory definition
due to the lack of survey information.
Therefore, we also evaluated all areas
that we concluded were likely occupied
but which lack survey information
applying the standard of section
3(5)(A)(ii) of the Act, and have
determined that all such areas included
in this designation are essential for the
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conservation of the species. Finally, as
noted earlier, as a result of our
application of the modeling framework
and refinement process described above,
in which we evaluated various habitat
scenarios to identify the network that is
essential to the conservation of the
species by providing the quantity and
configuration of habitat essential for the
conservation of the species, we have
additionally determined that all areas
identified here as critical habitat,
whether occupied at the time of listing
or unoccupied at the time of listing, are
essential for the conservation of the
species and therefore meet the
definition of critical habitat under
section 3(5)(A)(ii) of the Act.
Thus, even if not occupied at the time
of listing, all units and subunits
designated as critical habitat are
essential for the conservation of the
species because, in addition to nesting,
roosting, foraging, and dispersal habitat,
they provide connectivity between
occupied areas, room for population
growth, and the ability to provide
sufficient suitable habitat on the
landscape for owls in the face of natural
disturbance regimes (e.g., fire).
In general, northern spotted owls
require large areas of habitat due to their
expansive home range requirements and
the need for connectivity between
subpopulations to maintain genetic
diversity and support stable, viable
populations over the long term. The
northern spotted owl was initially listed
in large part due to past habitat loss and
degradation. In addition, recent work
has confirmed that northern spotted
owls require additional areas of habitat
to persist in the face of competition with
barred owls (Dugger et al. 2011, p.
2467). Given the effects of past habitat
loss and the increased habitat area
needed to offset competition from the
barred owl, our assessment indicates
that large areas of contiguous areas of
nesting, roosting, and foraging habitat
are essential to sustaining viable
northern spotted owl populations and
meeting recovery goals.
In addition, because past habitat loss
and degradation was identified as a
major threat to the northern spotted owl
at the time of listing and because this
threat currently continues, conservation
and recovery of the species is dependent
in part on development of additional
habitat to allow for population growth
and recovery. Therefore, portions of the
habitat mosaic in some subunits
designated as critical habitat within the
geographical area occupied by the
species at the time of listing consist of
younger or partially harvested forest.
These are essential for the conservation
of the species because they are capable
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of developing the PCEs that support
nesting, roosting, or foraging by
northern spotted owls that will be
necessary for population growth.
Typically the result of past timber
harvest or wildfire, these areas of
younger forest contain the elements
conducive to fully developing the
physical or biological features essential
to the conservation of the owl (they are
of suitable elevation, climate, and forest
community type). They may, however,
be lacking some element of the physical
or biological features, such as large trees
or dense canopies that are associated
with nesting habitat. In particular, of 60
subunits designated, 4 (NCO–4, NCO–5,
and ORC–1) contain proportionally
greater areas of younger forests that are
essential for the conservation of the
species, because they can develop
additional habitat necessary to support
viable northern spotted owl populations
in the future. These subunits are located
within Southwestern Washington and
Oregon Coast Ranges Areas of Special
Concern (Thomas et al. 1990, pp. 66–
69), areas described as exhibiting a
scarcity of suitable habitat due to
extensive timber harvest. The recovery
goal of achieving viable populations
distributed across the range of the owl
cannot be achieved without these areas;
therefore, we have determined them to
be essential for the conservation of the
species.
Finally, there are portions of two
subunits that function primarily for
connectivity between populations.
Although portions of these subunits
may not have been occupied at the time
of listing, these areas contain the
dispersal and foraging habitat to support
movement between adjacent subunits
and are therefore essential to provide
population connectivity. Many of these
areas are also anticipated to develop
into habitat capable of supporting
nesting pairs in the future. In 1990, the
Interagency Scientific Committee (ISC)
(Thomas et al. 1990, entire) identified
‘‘Areas of Special Concern’’ in the Draft
Strategy for the Conservation of the
Northern Spotted Owl. The ISC defined
Areas of Special Concern as lands where
past natural occurrences and human
actions had adversely affected habitat
more than in the remainder of the
physiographic province under
consideration (Thomas et al. 1990, p.
66). Within the Areas of Special
Concern described by the ISC (Thomas
et al. 1990, pp. 66–69), we identified
areas that were strategically located
between subunits that would otherwise
be demographically isolated. Of 60
subunits designated, two (ORC–4 and
ECS–3) are identified as functioning
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primarily for population connectivity
with less than 70 percent of the subunit
covered by survey-located owl sites.
Our evaluation of the various habitat
scenarios considered in the modeling
process described above enabled us to
determine the amount and configuration
of habitat essential for the conservation
of the owl, based on the relative ability
of that habitat network to meet the
recovery criteria of stable or increasing
populations and adequate distribution
of viable populations. Although this
evaluation was primarily based on areas
we know to have been occupied at the
time of listing, our evaluation of the
distribution and configuration of the
physical and biological features
essential to the conservation of the owl
additionally identified areas that may
not have been occupied at the time of
listing, if those areas were essential to
meeting the recovery goals for the
species. We have determined these areas
to be essential for the conservation of
the species, to provide for dispersal and
connectivity between currently
occupied areas, allow space for
population growth, and provide habitat
replacement in the event of
disturbances, such as wildfires and
competition with barred owls. Our
evaluation of alternative habitat
networks, described above, indicates
that the specific areas identified in this
designation are necessary to achieve the
amount and configuration of habitat that
meets the recovery criteria for the
species. Because these areas do so
efficiently (without designating more
areas than are needed, or designating
areas that would not make a significant
contribution to conservation value), we
have determined that these areas are
essential for the conservation of the
species. As described above, we have
determined that a critical habitat
designation that does not include these
areas, even if they may not be occupied,
would be inadequate to ensure the
conservation of the species. The
resulting revised critical habitat
represents the amount and spatial
distribution of habitats that we have
determined to be essential for the
conservation of the northern spotted
owl.
This designation is an improvement
over the previous designation in that it
anticipates that in geographical regions
with drier forests and more dynamic
natural disturbance regimes, land
managers will consider taking a
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landscape approach to managing critical
habitat. This landscape approach would
recognize that large areas are essential
in these regions to accommodate
disturbance-driven shifts in the physical
or biological features essential for the
conservation of the northern spotted
owl, and that restorative management
actions may be needed across these
landscapes to help manage for resilience
in such a dynamic ecosystem. These
large landscapes, although essential to
provide for the conservation of the
northern spotted owl, do include within
their boundaries several particular types
of areas that are not included in critical
habitat, because they cannot support
northern spotted owl habitat. The
following types of areas are not critical
habitat for the northern spotted owl, and
are not included in the revised
designation:
• Meadows and grasslands. These
include dry, upland prairies and
savannas found in the valleys and
foothills of western Washington,
Oregon, and northwest California;
subalpine meadows; and grass and forb
dominated cliffs, bluffs and grass balds
found throughout these same areas.
Dominated by native grasses and diverse
forbs, they may include a minor savanna
component of Oregon white oak,
Douglas-fir, or Ponderosa pine.
• Oak and aspen (Populus spp.)
woodlands. Oak woodlands are
characterized by an open canopy
dominated by Oregon white oak but
may also include ponderosa pine,
California black oak, Douglas-fir, or
canyon live oak. The understory is
relatively open with shrubs, grasses and
wildflowers. Oak woodlands are
typically found in drier landscapes and
on south-facing slopes. Note this
exception for oak woodlands does not
include tanoak (Notholithocarpus
densiflorus) stands, closed-canopy live
oak (Quercus agrifolia) woodlands and
open-canopied valley oak (Quercus
lobata) and mixed-oak woodlands in
subunits ICC–6 and RDC–5 in Napa,
Sonoma, and Marin Counties,
California. Aspen woodlands are
dominated by aspen trees with a forb,
grass or shrub understory and are
typically found on mountain slopes,
rock outcrops and talus slopes, canyon
walls, and some seeps and stream
corridors. This forest type also can
occur in riparian areas or in moist
microsites within drier landscapes.
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• Manmade structures (such as
buildings, aqueducts, runways, roads,
and other paved areas) and the land on
which they are located.
When determining critical habitat
boundaries, we made every effort to
avoid including these areas because
they lack physical or biological features
for the northern spotted owl. Due to the
limitations of mapping at such fine
scales, however, we were often not able
to segregate these areas from areas
shown as critical habitat on critical
habitat maps suitable in scale for
publication within the Code of Federal
Regulations. Thus, we have included
regulatory text clarifying that these areas
are not included in the designation even
if within the mapped boundaries of
critical habitat, as a Federal action
involving these lands would not trigger
section 7 consultation with respect to
effects to critical habitat unless the
specific action would affect the physical
or biological features in the adjacent
critical habitat.
VIII. Final Critical Habitat Designation
Consistent with the standards of the
Act and our regulations we have
identified 9,577,969 ac (3,876,064ha) in
11 units and 60 subunits as meeting the
definition of critical habitat for the
northern spotted owl. The 11 units we
have identified as critical habitat are: (1)
North Coast Olympics, (2) Oregon Coast
Ranges, (3) Redwood Coast, (4) West
Cascades North, (5) West Cascades
Central, (6) West Cascades South, (7)
East Cascades North, (8) East Cascades
South, (9) Klamath West, (10) Klamath
East, and (11) Interior California Coast
Ranges. All of the critical habitat units
and subunits identified were occupied
at the time of listing; however, some
units may include some smaller areas
that were not known to be occupied at
the time of listing but have been
determined to be essential to the
conservation of the species. In addition,
as described above, we have determined
that all areas being designated are
essential to the conservation of the
species. Land ownership of the
designated critical habitat includes
Federal and State lands. No tribal lands
are included in the critical habitat
designation. The approximate area of
each critical habitat unit is shown in
Table 6. Table 7 gives totals by land
ownership.
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TABLE 6—REVISED CRITICAL HABITAT UNITS FOR THE NORTHERN SPOTTED OWL
[Area estimates reflect all land within critical habitat unit boundaries.]
Critical habitat unit
Land ownership
Unit 1—North Coast Olympics ..................................................................
Federal ............................................
State ................................................
696,230
128,270
281,754
51,909
Unit 2—Oregon Coast Ranges ..................................................................
Total .................................................
Federal ............................................
State ................................................
824,500
788,919
70,945
333,663
319,264
28,711
Unit 3—Redwood Coast ............................................................................
Total .................................................
Federal ............................................
State ................................................
Local government ............................
859,864
111,258
48,912
20,684
347,975
45,025
19,794
8,371
Unit 4—West Cascades North ..................................................................
Total .................................................
Federal ............................................
State ................................................
180,855
541,476
798
73,189
219,127
323
Unit 5—West Cascades Central ................................................................
Total .................................................
Federal ............................................
State ................................................
542,274
908,861
825
219,450
367,802
334
Unit 6—West Cascades South ..................................................................
Total .................................................
Federal ............................................
State ................................................
909,687
1,354,989
209
368,136
548,345
85
Unit 7—East Cascades North ...................................................................
Total .................................................
Federal ............................................
State ................................................
1,355,198
1,338,988
6,534
548,429
541,869
2,644
Unit 8—East Cascades South ...................................................................
Unit 9—Klamath West ...............................................................................
Total .................................................
Federal ............................................
Federal ............................................
State ................................................
1,345,523
368,380
1,186,750
10,639
544,514
149,078
480,260
4,305
Unit 10—Klamath East ..............................................................................
Total .................................................
Federal ............................................
State ................................................
1,197,389
1,049,826
2,905
484,565
424,850
1,175
Unit 11—Inner California Coast Ranges ...................................................
Total .................................................
Federal ............................................
State ................................................
1,052,731
940,721
848
426,025
380,696
343
Total .................................................
941,568
381,039
..........................................................
9,577,969
3,876,064
Grand Total .........................................................................................
Acres
Hectares
Note: Area sizes may not sum due to rounding.
TABLE 7—REVISED CRITICAL HABITAT
UNITS FOR THE NORTHERN SPOTTED
OWL, DESCRIBING AREA INCLUDED
DIFFERENT
UNDER
LANDOWNERSHIPS
srobinson on DSK4SPTVN1PROD with
Acres
Hectares
USFS ................
BLM ..................
NPS ..................
State .................
Local Government ..............
Private ...............
Other Federal
(DOD) ............
Tribal ..........
7,957,787
1,328,612
0
270,886
3,220,399
537,670
0
109,624
20,684
0
8,371
0
0
0
0
0
Total ...........
9,577,969
3,876,064
We present brief descriptions of all
units and their subunits below. For each
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subunit, we describe the proportion of
the area that is covered by verified
northern spotted owl home ranges at the
time of listing. As described above in
the section Criteria Used to Identify
Critical Habitat, all areas being
designated that were occupied at the
time of listing contain the physical or
biological features essential to the
conservation of the northern spotted
owl, and which may require special
management considerations or
protection. In addition, there are smaller
areas of suitable habitat within subunits
that we considered likely occupied by
nonterritorial owls and dispersing
subadults, at the time of listing, as well
as some smaller areas of younger forest
within the larger habitat mosaic that
may have been unoccupied at the time
of listing. Due to some potential for
uncertainty in these latter two categories
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of areas in terms of occupancy at the
time of listing, we evaluated all such
areas applying the standard under
section 3(5)(A)(ii) of the Act, and have
determined that all such areas included
in this designation are essential to the
conservation of the species. In addition,
as a result of our application of the
modeling framework described earlier,
we have determined that all areas
identified here as critical habitat,
whether occupied at the time of listing
or unoccupied at the time of listing, are
essential to the conservation of the
species and therefore meet the
definition of critical habitat under
section 3(5)(A)(ii) of the Act. This
applies to all units and subunits
described below.
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Unit 1: North Coast Ranges and
Olympic Peninsula (NCO)
Unit 1 consists of 824,500 ac (333,623
ha) and contains five subunits. This unit
consists of the Oregon and Washington
Coast Ranges Section M242A, based on
section descriptions of forest types from
Ecological Subregions of the United
States (McNab and Avers 1994a, Section
M242A). This region is characterized by
high rainfall, cool to moderate
temperatures, and generally low
topography (1,470 to 2,460 ft (448 to 750
m)). High elevations and cold
temperatures occur in the interior
portions of the Olympic Peninsula, but
northern spotted owls in this area are
limited to the lower elevations (less
than 2,950 ft (900 m)). Forests in the
NCO are dominated by western
hemlock, Sitka spruce, Douglas-fir, and
western red cedar (Thuja plicata).
Hardwoods are limited in species
diversity (consist mostly of bigleaf
maple and red alder (Alnus rubra)) and
distribution within this region, and
typically occur in riparian zones. Root
pathogens like laminated root rot
(Phellinus weirii) are important gap
formers, and vine maple (Acer
circinatum), among others, fills these
gaps. Because Douglas-fir dwarf
mistletoe is unusual in this region,
northern spotted owl nesting habitat
consists of stands providing very large
trees with cavities or deformities. A few
nests are associated with western
hemlock dwarf mistletoe (Arceuthobium
tsugense subsp. tsugense). Northern
spotted owl diets are dominated by
species associated with mature to latesuccessional forests (flying squirrels, red
tree voles), resulting in similar
definitions of habitats used for nesting/
roosting and foraging by northern
spotted owls.
Subunit Descriptions: Unit 1
NCO–1. The NCO–1 subunit consists
of approximately 293,539 ac (118,791
ha) in Clallam, Jefferson, Grays Harbor,
and Mason Counties, Washington, and
comprises lands managed by U.S. Forest
Service (USFS) and State of
Washington. The USFS manages
230,966 ac (93,309 ha) as Latesuccessional Reserves to maintain
functional, interactive, late-successional
and old-growth forest ecosystems and
62,966 ac (25,481 ha) under the adaptive
management area land use allocation.
Threats in this subunit include current
and past timber harvest, competition
with barred owls, and isolation on a
peninsula (along with subunit NCO–2).
This subunit is expected to function
primarily for demographic support of
the overall population. NCO–1 is
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located primarily in the watersheds of
Lyre, Hoko, Soleduck, Hoh, Quinault,
Queets, and Clearwater Rivers, and
includes the northern part of the Lower
Chehalis River watershed.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 94 percent of the
area of NCO–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
NCO–2. The NCO–2 subunit consists
of approximately 213,633 ac (86,454 ha)
in Kitsap, Clallam, Jefferson, Grays
Harbor, and Mason Counties,
Washington, and comprises lands
managed by the USFS. The USFS
manages 173,682 ac (70,287 ha) as Latesuccessional Reserves to maintain
functional, interactive, late-successional
and old-growth forest ecosystems and
39,083 ac (15,816 ha) under the adaptive
management area land use allocation.
Threats in this subunit include current
and past timber harvest, competition
with barred owls, and isolation on a
peninsula (along with subunit NCO–1).
This subunit is expected to function
primarily for demographic support of
the overall population. NCO–2 is
located primarily in the watersheds of
the Elwha, Dungeness, Quilcene, Snow,
Skokomish, and Dosewallips rivers.
Our evaluation of sites known to be
occupied at the time of listing indicate
that approximately 95 percent of the
area of this subunit was covered by
verified northern spotted owl home
ranges at the time of listing. When
combined with likely occupancy of
suitable habitat and occupancy by
nonterritorial owls and dispersing
subadults, we consider this subunit to
have been largely occupied at the time
of listing. In addition, there may be
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some smaller areas of younger forest
within the habitat mosaic of this subunit
that were unoccupied at the time of
listing. We have determined that all of
the unoccupied and likely occupied
areas in this subunit are essential for the
conservation of the species to meet the
recovery criterion that calls for the
continued maintenance and recruitment
of northern spotted owl habitat (USFWS
2011, p. ix). The increase and
enhancement of northern spotted owl
habitat is necessary to provide for viable
populations of northern spotted owls
over the long term by providing for
population growth, successful dispersal,
and buffering from competition with the
barred owl.
NCO–3. We exempted subunit NCO–
3 from the final designation of critical
habitat under Section 4(a)(3) of the Act
(See Exemptions section below). This
subunit is comprised approximately
14,313 ac (5,792 ha) of lands managed
by the Department of Defense as part of
Joint Base Lewis-McChord under their
integrated natural resource management
plan (INRMP).
NCO–4. The NCO–4 subunit consists
of approximately 179,745 ac (72,740 ha)
in Clatsop, Columbia, Tillamook, and
Washington Counties, Oregon, and
comprises Federal lands and lands
managed by the State of Oregon. Of this
subunit, 117,033 ac (47,361 ha) are
managed as part of the Tillamook and
Clatsop State Forests for multiple uses
including timber revenue production,
recreation, and wildlife habitat
according to the Northwest Oregon State
Forest Management Plan (ODF 2010a,
entire). Federal lands encompass 62,712
ac (25,379 ha) of this subunit and are
managed as directed by the NWFP
(USDA and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats from current and past
timber harvest and competition with
barred owls. This subunit is expected to
function primarily for demographic
support to the overall population. This
subunit is isolated from the nearest
subunit to the north but is adjacent to
subunit NCO–5 to the south.
Our evaluation of sites known to be
occupied at the time of listing indicate
that approximately 63 percent of the
area of NCO–4 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider a
large part of this subunit to have been
occupied at the time of listing. There are
some areas of younger forest in this
subunit that may have been unoccupied
at the time of listing. We have
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determined that all of the unoccupied
and likely occupied areas in this
subunit are essential for the
conservation of the species to meet the
recovery criterion that calls for the
continued maintenance and recruitment
of northern spotted owl habitat (USFWS
2011, p. ix). The increase and
enhancement of northern spotted owl
habitat in this subunit is especially
important for providing for population
growth and additional demographic
support in this region. The development
of additional suitable habitat in this
subunit is needed to support viable
northern spotted owl populations over
the long term. The recruitment of
additional suitable habitat will also
contribute to the successful dispersal of
northern spotted owls, and serve to
buffer northern spotted owls from
competition with the barred owl.
NCO–5. The NCO–5 subunit consists
of approximately 142,937 ac (57,845 ha)
in Yamhill, Lincoln, Tillamook, and
Polk Counties, Oregon, and comprises
lands managed by the State of Oregon,
the BLM, and the USFS. Of this subunit
11,067 ac (4,479 ha) are managed by the
State of Oregon for multiple uses
including timber revenue production,
recreation, and wildlife habitat
according to the Northwest Oregon State
Forest Management Plan (ODF 2010a,
entire), and may be considered for
exclusion from the final critical habitat
designation. Federal lands comprise
131,870 ac (53,666 ha) and are managed
as directed by the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for demographic
support to the overall population and
north-south connectivity between
subunits and critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicate
that approximately 63 percent of the
area of NCO–5 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider a
large part of this subunit to have been
occupied at the time of listing. There are
some areas of younger forest in this
subunit that may have been unoccupied
at the time of listing. We have
determined that all of the unoccupied
and likely occupied areas in this
subunit are essential for the
conservation of the species to meet the
recovery criterion that calls for the
continued maintenance and recruitment
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of northern spotted owl habitat (USFWS
2011, p. ix). The increase and
enhancement of northern spotted owl
habitat in this subunit is especially
important for providing for population
growth and additional demographic
support in this region. The development
of additional suitable habitat in this
subunit is needed to support viable
northern spotted owl populations over
the long term. The recruitment of
additional suitable habitat will also
contribute to the successful dispersal of
northern spotted owls, and serve to
buffer northern spotted owls from
competition with the barred owl.
Unit 2: Oregon Coast Ranges (OCR)
Unit 2 consists of 859,864 ac (347,975
ha) and contains six subunits. This unit
consists of the southern third of the
Oregon and Washington Coast Ranges
Section M242A, based on section
descriptions of forest types from
Ecological Subregions of the United
States (McNab and Avers 1994a, Section
M242A). We split the section in the
vicinity of Otter Rock, OR, based on
gradients of increased temperature and
decreased moisture that result in
different patterns of vegetation to the
south. Generally this region is
characterized by high rainfall, cool to
moderate temperatures, and generally
low topography (980 to 2,460 ft (300 to
750 m)). Forests in this region are
dominated by western hemlock, Sitka
spruce, and Douglas-fir; hardwoods are
limited in species diversity (largely
bigleaf maple and red alder) and
distribution, and are typically limited to
riparian zones. Douglas-fir and
hardwood species associated with the
California Floristic Province (tanoak,
Pacific madrone, black oak, giant
chinquapin (Castanopsis chrysophylla))
increase toward the southern end of the
OCR. On the eastern side of the Coast
Ranges crest, habitats tend to be drier
and dominated by Douglas-fir. Root
pathogens like laminated root rot are
important gap formers, and vine maple
among others fills these gaps. Because
Douglas-fir dwarf mistletoe is unusual
in this region, northern spotted owl
nesting habitat tends to be limited to
stands providing very large trees with
cavities or deformities. A few nests are
associated with western hemlock dwarf
mistletoe. Northern spotted owl diets
are dominated by species associated
with mature to late-successional forests
(flying squirrels, red tree voles),
resulting in similar definitions of
habitats used for nesting/roosting and
foraging by northern spotted owls. One
significant difference between OCR and
NCO is that woodrats comprise an
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increasing proportion of the diet in the
southern portion of the modeling region.
Subunit Descriptions—Unit 2
OCR–1. The OCR–1 subunit consists
of approximately 110,657 ac (44,781 ha)
in Polk, Benton and Lincoln Counties,
Oregon, and comprises lands managed
by the State of Oregon, the BLM, and the
USFS. Of this subunit 6,612 ac (2,676
ha) are managed by the State of Oregon
for multiple uses including timber
revenue production, recreation, and
wildlife habitat according to the
Northwest Oregon State Forest
Management Plan (ODF 2010a, entire).
Federal lands comprise 104,045 ac
(42,105 ha) and are managed as directed
by the NWFP (USDA and USDI 1994,
entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for demographic
support to the overall population and
north-south connectivity between
subunits and critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 55 percent of the
area of OCR–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider a
large part of this subunit to have been
occupied at the time of listing. There are
some areas of younger forest in this
subunit that may have been unoccupied
at the time of listing. We have
determined that all of the unoccupied
and likely occupied areas in this
subunit are essential for the
conservation of the species to meet the
recovery criterion that calls for the
continued maintenance and recruitment
of northern spotted owl habitat (USFWS
2011, p. ix). The increase and
enhancement of northern spotted owl
habitat in this subunit is especially
important for providing for population
growth and additional demographic
support in this region. The development
of additional suitable habitat in this
subunit is needed to support viable
northern spotted owl populations over
the long term. The recruitment of
additional suitable habitat will also
contribute to the successful dispersal of
northern spotted owls, and serve to
buffer northern spotted owls from
competition with the barred owl.
OCR–2. The OCR–2 subunit consists
of approximately 261,405 ac (105,787
ha) in Lane, Benton, and Lincoln
Counties, Oregon, and comprises lands
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managed by the State of Oregon, the
BLM, and the USFS. Of this subunit
18,504 ac (7,448 ha) are managed by the
State of Oregon for multiple uses
including timber revenue production,
recreation, and wildlife habitat
according to the Northwest Oregon State
Forest Management Plan (ODF 2010a,
entire). Federal lands comprise 242,901
ac (98,298 ha) and are managed as
directed by the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for demographic
support to the overall population and
north-south connectivity between
subunits.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 77 percent of the
area of OCR–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
OCR–3. The OCR–3 subunit consists
of approximately 203,681 ac (82,427 ha)
in Lane and Douglas Counties, Oregon,
and comprises lands managed by the
State of Oregon, the BLM, and the
USFS. Of this subunit 5,082 ac (2,07 ha)
are managed by the State of Oregon for
multiple uses including timber revenue
production, recreation, and wildlife
habitat according to the Northwest
Oregon State Forest Management Plan
(ODF 2010a, entire). Federal lands
comprise 198,599 ac (80,369 ha) and are
managed as directed by the NWFP
(USDA and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats from current and past
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timber harvest and competition with
barred owls. This subunit is expected to
function primarily for demographic
support to the overall population and
for both north-south and east-west
connectivity between subunits.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 97 percent of the
area of OCR–3 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
OCR–4. The OCR–4 subunit consists
of approximately 8,263 ac (3,344 ha) in
Lane and Douglas Counties, Oregon, and
comprises lands managed by the BLM as
directed by the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for east-west
connectivity between subunits and
critical habitat units, and between the
Oregon coast and the western Cascades.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 43 percent of the
area of OCR–4 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider a
large part of this subunit to have been
occupied at the time of listing. There are
some areas of younger forest in this
subunit that may have been unoccupied
at the time of listing. We have
determined that all of the unoccupied
and likely occupied areas in this
subunit are essential for the
conservation of the species to meet the
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recovery criterion that calls for the
continued maintenance and recruitment
of northern spotted owl habitat (USFWS
2011, p. ix). The increase and
enhancement of northern spotted owl
habitat in this subunit is especially
important for providing essential
connectivity between currently
occupied areas to support the successful
dispersal of northern spotted owls, and
may also help to buffer northern spotted
owls from competition with the barred
owl.
OCR–5. The OCR–5 subunit consists
of approximately 176,905 ac (71,591ha)
in Coos and Douglas Counties, Oregon,
and comprises lands managed by the
State of Oregon, the BLM, and the
USFS. Of this subunit 40,747 ac (16,490
ha) are managed by the State of Oregon
for multiple uses including sustained
economic benefit through timber harvest
and management, recreation, and
wildlife habitat according to the Elliot
State Forest Management Plan (ODF
2011, entire). Federal lands comprise
136,158 ac (55,101 ha) and are managed
as directed by the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for demographic
support to the overall population and
for north-south, and potentially eastwest, connectivity between subunits.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 94 percent of the
area of OCR–5 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
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OCR–6. The OCR–6 subunit consists
of approximately 81,900 ac (33,144 ha)
in Coos and Douglas Counties, Oregon,
and comprises lands managed by the
BLM as directed by the NWFP (USDA
and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats from current and past
timber harvest and competition with
barred owls. This subunit is expected to
function primarily for demographic
support to the overall population and
for north-south connectivity between
subunits and critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 97 percent of the
area of OCR–6 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
Unit 3: Redwood Coast (RWC)
Unit 3 contains 180,855ac (73,189ha)
and three subunits. This unit consists of
the Northern California Coast Ecological
Section 263, based on section
descriptions of forest types from
Ecological Subregions of the United
States (McNab and Avers 1994b, entire).
This region is characterized by lowlying terrain (0 to 2,950 ft (0 to 900 m))
with a maritime climate, generally
mesic conditions, and moderate
temperatures. Climatic conditions are
rarely limiting to northern spotted owls
at all elevations. Forest communities are
dominated by redwood, Douglas-firtanoak forest, coast live oak, and tanoak
series. The vast majority of the region is
in private ownership, dominated by a
few large industrial timberland
holdings. The results of numerous
studies of northern spotted owl habitat
relationships suggest stump-sprouting
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and rapid growth rates of redwoods,
combined with high availability of
woodrats in patchy, intensively
managed forests, enables northern
spotted owls to maintain high densities
in a wide range of habitat conditions
within the Redwood zone.
Subunit Descriptions—Unit 3
RDC–1. This subunit contains 63,127
ac (25,547 ha) of lands managed by the
USFS and BLM in Curry County,
Oregon and in Del Norte, Humboldt,
and Trinity Counties, California. Special
management considerations or
protection are required in this subunit
to address threats from the barred owl.
Suitable habitat within the subunit is
relatively contiguous north-to-south,
and is capable of supporting a
sustainable subpopulation of owls. We
expect that this subunit will provide
strong connectivity among the adjacent
critical habitat units to the north (OCR)
and east (KLW, ICC). The subunit is
weakly connected to the adjacent
subunit to the south (RDC–2).
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 78 percent of the
area of RDC–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
RDC–2. This subunit contains 65,391
ac (26,463 ha) in Mendocino and
southwestern Humboldt Counties,
California. There are 16,479 ac (6,669
ha) of Federal lands in the subunit,
managed by the Bureau of Land
Management. The California
Department of Forestry and Fire
Protection operates the Jackson
Demonstration State Forest (48,912 ac
(19,794 ha)) for multiple uses including
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timber production, water quality,
wildlife habitat, and research.
Special management considerations
or protection are required in this
subunit to address threats from the
barred owl. Suitable habitat within the
subunit is relatively contiguous northto-south, and is capable of supporting a
sustainable subpopulation of owls. The
subunit is weakly connected to the
adjacent CHU to the east (ICC) and to
the coastal subunit to the north (RDC–
1); it is relatively well connected to the
coastal subunit to the south (RDC–3).
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 85 percent of the
area of RDC–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
RDC–3. This subunit was comprised
entirely of private lands, which have
been excluded from the final rule.
RDC–4. This subunit was comprised
entirely of private lands, which have
been excluded from the final rule.
RDC–5. This subunit contains 20,684
ac (8,371 ha) in southern Marin County,
California and represents the southern
range limit of the subspecies. No private
lands are contained in this subunit. The
Mount Tamalpais Watershed (18,900 ac
(7,649 ha)) of the Marin Municipal
Water District is included in the final
critical habitat designation. Six Open
Space Preserves (OSPs) in the Marin
County Parks and Open Space System,
totaling 3,627 ac (1,468 ha), are
included in the final critical habitat
designation, including Gary Giacomini,
White Hill, Cascade Canyon, Baltimore
Canyon, Camino Alto, and Blithedale
Summit OSPs. Special management
considerations or protection are
required in this subunit to address
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incipient threats from the barred owl.
Suitable habitat within the subunit is
continuous from east to west. It is
unknown whether this subunit is
capable of supporting a self-sustaining
subpopulation of owls without support
from the subunit to the north (RDC–4).
The lands between this subunit and the
nearest subunit to the east (ICC–6) are
dominated by agricultural and urban
land use, and are very weakly
connected.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 82 percent of the
area of RDC–5 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
Unit 4: West Cascades North (WCN)
This unit contains 542,274 ac
(219,450 ha) and two subunits. This unit
coincides with the northern Western
Cascades Section M242B, based on
section descriptions of forest types from
Ecological Subregions of the United
States (McNab and Avers 1994a, Section
M242B), combined with the western
portion of M242D (Northern Cascades
Section), extending from the U.S.Canadian border south to Snoqualmie
Pass in central Washington. It is similar
to the Northern Cascades Province of
Franklin and Dyrness (1988, pp. 17–20).
This region is characterized by high
mountainous terrain with extensive
areas of glaciers and snowfields at
higher elevation. The marine climate
brings high precipitation (both annual
and summer) but is modified by high
elevations and low temperatures over
much of this modeling region. The
resulting distribution of forest
vegetation is dominated by subalpine
species, mountain hemlock and silver
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fir; the western hemlock and Douglas-fir
forests typically used by northern
spotted owls are more limited to lower
elevations and river valleys (northern
spotted owls are rarely found at
elevations greater than 4,200 ft (1,280
m) in this region) grading into the mesic
Puget lowland to the west.
Subunit Descriptions—Unit 4
WCN–1. The WCN–1 subunit consists
of approximately 438,255 ac (177,355
ha) in Whatcom, Skagit, and Snohomish
Counties, Washington, and comprises
lands managed by the USFS and the
State of Washington. The USFS manages
320,146 ac (129,559 ha) as Latesuccessional Reserves to maintain
functional, interactive, latesuccessional, and old-growth forest
ecosystems and 6,147 ac (2,487 ha)
under the matrix land use allocation
where multiple uses occur, including
most timber harvest and other
silvicultural activities. Threats in this
subunit include current and past timber
harvest, competition with barred owls,
steep topography with high-elevation
ridges that separate relatively small,
linear strips of suitable habitat in valley
bottoms, and location at the northern
limit of the subspecies range. This
subunit is expected to function
primarily for demographic support of
the overall population and to maintain
the subspecies distribution in the
northernmost portion of its range.
WCN–1 is located in the watersheds of
the Stillaguamish, Skagit, and Nooksack
rivers, and is bounded on the north by
the international boundary with British
Columbia, Canada. In this subunit, we
have excluded lands covered under the
Washington Department of Natural
Resources State Lands HCP.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 92 percent of the
area of WCN–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
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provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
WCN–2. The WCN–2 subunit consists
of approximately 103,988 ac (42,083 ha)
in King and Snohomish Counties,
Washington, and comprises lands
managed by the USFS, State of
Washington, and private landowners.
The USFS manages 82,316 ac (33,312
ha) as Late-successional Reserves to
maintain functional, interactive, latesuccessional, and old-growth forest
ecosystems and 834 ac (338 ha) under
the matrix land use allocation where
multiple uses occur, including most
timber harvest and other silvicultural
activities. Threats in this subunit
include current and past timber harvest,
competition with barred owls, and steep
topography with high-elevation ridges
that separate relatively small, linear
strips of suitable habitat in valley
bottoms. This subunit has a key role in
maintaining connectivity between
northern spotted owl populations, both
north to south in the West Cascades and
west to east between the West and East
Cascades units. This role is shared with
the WCC–1 subunit to the south and the
ECN–4 subunit to the east. This subunit
is also expected to provide demographic
support of the overall population.
WCN–2 is located in the watersheds of
the Snohomish and Cedar/Sammamish
Rivers. In this subunit, we have
excluded lands covered under the
Washington Department of Natural
Resources State Lands HCP in the final
designation.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 79 percent of the
area of WCN–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
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term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
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Unit 5: West Cascades Central (WCC)
This unit contains 909,687 ac
(368,136 ha) and three subunits. This
region consists of the midsection of the
Western Cascades Section M242B, based
on section descriptions of forest types
from Ecological Subregions of the
United States (McNab and Avers 1994a,
Section M242B), extending from
Snoqualmie Pass in central Washington
south to the Columbia River. It is similar
to the Southern Washington Cascades
Province of Franklin and Dyrness (1988,
pp. 21–23). We separated this region
from the northern section based on
differences in northern spotted owl
habitat due to relatively milder
temperatures, lower elevations, and
greater proportion of western hemlock/
Douglas-fir forest and occurrence of
noble fir (A. procera) to the south of
Snoqualmie Pass. Because Douglas-fir
dwarf mistletoe occurs rarely in this
region, northern spotted owl nest sites
are largely limited to defects in large
trees, and occasionally nests of other
raptors.
Subunit Descriptions—Unit 5
WCC–1. The WCC–1 subunit consists
of approximately 225,847 ac (91,397 ha)
in King, Pierce, Thurston, Lewis,
Kittitas, and Yakima Counties,
Washington, and comprises lands
managed by USFS and State of
Washington. The USFS manages
183,884 ac (76,843 ha) as Latesuccessional Reserves to maintain
functional, interactive, latesuccessional, and old-growth forest
ecosystems and 35,145 ac (14,222 ha)
under the matrix land use allocation
where multiple uses occur, including
most timber harvest and other
silvicultural activities. Threats in this
subunit include current and past timber
harvest, competition with barred owls,
and stand conversion. This subunit is
expected to provide demographic
support of the overall population and to
maintain demographic connectivity
between the Cascade Range and the
Olympic Peninsula in conjunction with
subunit NCO–3. WCC–1 is located
primarily in the watersheds of the
Nisqually, Puyallup, White, Duwamish,
and Green Rivers. In this subunit, we
have excluded lands from our final
critical habitat designation that are
covered under the Washington
Department of Natural Resources State
Lands HCP, the Cedar River Watershed
HCP, the Plum Creek Timber Central
Cascades HCP, the West Fork Timber
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HCP, the Tacoma Water Green River
Water Supply Operations and
Watershed Protection HCP as well as
other private lands from the final
designation.
Our evaluation of sites known to be
occupied at the time of listing indicate
that approximately 96 percent of the
area of WCC–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
WCC–2. The WCC–2 subunit consists
of approximately 279,445 ac (113,087
ha) in Pierce, Lewis, Cowlitz, Skamania,
and Yakima Counties, Washington, and
comprises lands managed by USFS,
State of Washington, and private
landowners. The USFS manages 92,835
ac (37,569 ha) as Late-successional
Reserves to maintain functional,
interactive, late-successional, and oldgrowth forest ecosystems and 88,655 ac
(35,878 ha) under the matrix land use
allocation where multiple uses occur,
including most timber harvest and other
silvicultural activities. Threats in this
subunit include current and past timber
harvest and competition with barred
owls. This subunit is expected to
provide demographic support of the
overall population. WCC–2 is located
primarily in the Cowlitz River
watersheds west of the Cascade Crest
and the headwaters of the Naches River
watershed east of the Crest. In this
subunit, we have excluded lands
covered under the Washington
Department of Natural Resources State
Lands HCP, the West Fork Timber HCP,
and the Port Blakely Tree Farms L.P.
(Morton Block) SHA, Landowner Option
Plan, and Cooperative Habitat
Enhancement Agreement in the final
critical habitat designation.
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Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 96 percent of the
area of WCC–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
WCC–3. The WCC–3 subunit consists
of approximately 394,501 ac (159,649
ha) in Clark, Skamania, and Yakima
Counties, Washington, and comprises
lands managed by the USFS, the State
of Washington, and private landowners.
The USFS manages 242,929 ac (98,310
ha) as Late-successional Reserves to
maintain functional, interactive, latesuccessional, and old-growth forest
ecosystems and 122,641 ac (49,631 ha)
under the matrix land use allocation
where multiple uses occur, including
most timber harvest and other
silvicultural activities. Threats in this
subunit include current and past timber
harvest, competition with barred owls,
and the Columbia River as an
impediment to northern spotted owl
dispersal. This subunit is expected to
provide demographic support of the
overall population and an opportunity
for demographic exchange between the
WCC Unit and the WCS Unit. WCC–3 is
located primarily in the watersheds of
the Lewis, Wind, and White Salmon
Rivers, and is bounded on the south by
the Columbia River. In this subunit, we
have excluded lands covered under the
Washington Department of Natural
Resources State Lands HCP from critical
habitat designation.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 96 percent of the
area of WCC–3 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
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occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
srobinson on DSK4SPTVN1PROD with
Unit 6: West Cascades South (WCS)
Unit 6 contains 1,355,198ac (548,429
ha) and contains six subunits. This unit
consists of the southern portion of the
Western Cascades Section M242B, based
on section descriptions of forest types
from Ecological Subregions of the
United States (McNab and Avers 1994a,
Section M242B), and extends from the
Columbia River south to the North
Umpqua River. We separated this region
from the northern section due to its
relatively milder temperatures, reduced
summer precipitation due to the
influence of the Willamette Valley to the
west, lower elevations, and greater
proportion of western hemlock/Douglasfir forest. The southern portion of this
region exhibits a gradient between
Douglas-fir/western hemlock and
increasing Klamath-like vegetation
(mixed conifer/evergreen hardwoods),
which continues across the Umpqua
divide area. The southern boundary of
this region is novel and reflects a
transition to mixed-conifer forest
(Franklin and Dyrness 1988, pp. 23–24,
137–143). The importance of Douglas-fir
dwarf mistletoe increases to the south in
this region, but most northern spotted
owl nest sites are found in defective
large trees, and occasionally nests of
other raptors.
Subunit Descriptions—Unit 6
WCS–1. The WCS–1 subunit consists
of approximately 92,586 ac (37,468 ha)
in Multnomah, Hood River, and
Clackamas Counties, Oregon, and
comprises only Federal lands managed
by the BLM and the USFS under the
NWFP (USDA and USDI 1994, entire).
Special management considerations or
protection are required in this subunit
to address threats from current and past
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timber harvest and competition with
barred owls. This subunit is expected to
function primarily for demographic
support to the overall population, as
well as north-south and east-west
connectivity between subunits and
critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 88 percent of the
area of WCS–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
WCS–2. The WCS–2 subunit consists
of approximately 150,105 ac (60,745 ha)
in Clackamas, Marion, and Wasco
Counties, Oregon, and comprises only
Federal lands managed by the BLM and
the USFS under the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for demographic
support to the overall population, as
well as north-south connectivity
between subunits.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 82 percent of the
area of WCS–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
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occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011 p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
WCS–3. The WCS–3 subunit consists
of approximately 319,736 ac (129,393
ha) in Clackamas, Marion, Linn, and
Lane Counties, Oregon, and comprises
lands managed by the State of Oregon,
the BLM, and the USFS. Of this subunit,
184 ac (75 ha) are managed by the State
of Oregon primarily for recreation
(Oregon Administrative Rules, Chapter
736, entire). The remaining 319,552 ac
(129,318 ha) are Federal lands managed
as directed by the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for demographic
support to the overall population, as
well as north-south connectivity
between subunits.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 85 percent of the
area of WCS–3 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
WCS–4. The WCS–4 subunit consists
of approximately 379,130 ac (153,429
ha) in Lane and Douglas Counties,
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Oregon, and comprises only Federal
lands managed by the BLM and the
USFS under the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for demographic
support to the overall population, as
well as north-south connectivity
between subunits.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 86 percent of the
area of WCS–4 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
WCS–5. The WCS–5 subunit consists
of approximately 356,415 ac (144,236
ha) in Lane and Douglas Counties,
Oregon, and comprises only Federal
lands managed by the USFS under the
NWFP (USDA and USDI 1994, entire).
Special management considerations or
protection are required in this subunit
to address threats from current and past
timber harvest and competition with
barred owls. This subunit is expected to
function primarily for demographic
support to the overall population, as
well as north-south and east-west
connectivity between subunits and
critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 83 percent of the
area of WCS–5 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
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the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
WCS–6. The WCS–6 subunit consists
of approximately 99,558 ac (40,290 ha)
in Lane, Klamath, and Douglas
Counties, Oregon, and is managed by
the BLM and the USFS as directed by
the NWFP (USDA and USDI 1994,
entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest and competition with barred
owls. This subunit is expected to
function primarily for east-west
connectivity between subunits and
critical habitat units, and between the
Oregon coast and the western Cascades.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 97 percent of the
area of WCS–6 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
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Unit 7: East Cascades North (ECN)
Unit 7 contains 1,345,523ac (557,002
ha) and nine subunits. This unit
consists of the eastern slopes of the
Cascade range, extending from the
Canadian border south to the Deschutes
National Forest near Bend, OR. Terrain
in portions of this region is glaciated
and steeply dissected. This region is
characterized by a continental climate
(cold, snowy winters and dry summers).
High-frequency, low-intensity fire
regimes occur at lower elevations, mid
elevations have mixed-severity regimes,
and high elevations have high-severity
regimes. Increased precipitation from
marine air passing east through
Snoqualmie Pass and the Columbia
River has resulted in an increase of
moist forest conditions in this region
(Hessburg et al. 2000b, p. 165). In
Washington, ponderosa pine and
Douglas-fir forest are dominant at low
elevations, Douglas-fir/grand fir mixedconifer forest are characteristic of midelevations, and higher elevations
support forests of silver fir, hemlock,
and subalpine fir. The terrain is highly
dissected and mountainous. The terrain
and ecology are different on the
southern portion of the unit, where
ponderosa pine predominates on flat
terrain at low elevations, and owl
habitat is restricted to buttes and the
slopes of the Cascade Range in forests of
Douglas-fir, grand/white fir, and true
firs. There is substantially less habitat in
the Deschutes area of Oregon compared
to the area north of Sisters, Oregon, and
into Washington. The bulk of owls in
this Unit are in Washington.
Forest composition, particularly the
presence of grand fir and western larch,
distinguishes this modeling region from
the southern section of the eastern
Cascades. While ponderosa pine forest
dominates lower and middle elevations
in both this and the southern section,
the northern section supports grand fir
and Douglas-fir habitat at middle
elevations. Dwarf mistletoe provides an
important component of nesting habitat,
enabling northern spotted owls to nest
within stands of relatively younger and
smaller trees.
Subunit Descriptions—Unit 7
ECN–1. The ECN–1 subunit consists
of approximately 101,661 ac (41,141 ha)
in Whatcom, Skagit, and Okanogan
Counties, Washington, and comprises
lands managed by USFS. The USFS
manages 60,173 ac (24,351 ha) as Latesuccessional Reserves to maintain
functional, interactive, late-successional
and old-growth forest ecosystems and
22,802 ac (9,228 ha) under the matrix
land use allocation where multiple uses
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occur, including most timber harvest
and other silvicultural activities.
Threats in this subunit include current
and past timber harvest; competition
with barred owls; removal or
modification of habitat by forest fires,
insects, and diseases; steep topography
with high-elevation ridges that separate
relatively small, linear strips of suitable
habitat in valley bottoms; and location
at the northeastern limit of the range of
the subspecies. This subunit is expected
to provide demographic support of the
overall population and maintain the
subspecies distribution in the
northeastern portion of its range. ECN–
1 is located primarily in the watershed
of the Methow River and includes a
small portion of the upper Skagit River
watershed. It is bounded on the north by
the international boundary with British
Columbia, Canada.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 41 percent of the
area of ECN–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECN–2. The ECN–2 subunit consists
of approximately 60,128 ac (24,333 ha)
in Chelan County, Washington, and
comprises lands managed by USFS. The
USFS manages 35,835 ac (14,502 ha) as
Late-successional Reserves to maintain
functional, interactive, late-successional
and old-growth forest ecosystems and
17,545 ac (7,100 ha) under the matrix
land use allocation where multiple uses
occur, including most timber harvest
and other silvicultural activities.
Threats in this subunit include current
and past timber harvest; competition
with barred owls; steep topography with
high-elevation ridges that separate
relatively small, linear strips of suitable
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habitat in valley bottoms; the
combination of Lake Chelan and the
Sawtooth Mountains acting as a barrier
to dispersal; and removal or
modification of habitat by forest fires,
insects, and diseases. This subunit is
expected to provide demographic
support of the overall population. ECN–
2 is located primarily in the watersheds
of the Chelan and Entiat Rivers.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 34 percent of the
area of ECN–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECN–3. The ECN–3 subunit consists
of approximately 301,219 ac (121,899
ha) in Chelan County, Washington, and
comprises lands managed by the USFS
and private landowners. The USFS
manages 187,103 ac (75,718 ha) as Latesuccessional Reserves to maintain
functional, interactive, late-successional
and old-growth forest ecosystems and
114,117 ac (46,181 ha) under the matrix
land use allocation where multiple uses
occur, including most timber harvest
and other silvicultural activities.
Threats in this subunit include current
and past timber harvest, competition
with barred owls, and removal or
modification of habitat by forest fires,
insects, and diseases. This subunit is
expected to provide demographic
support of the overall population. ECN–
3 is located primarily in the watershed
of the Wenatchee River. In this subunit,
we have excluded private lands and
lands covered under the Washington
Department of Natural Resources State
Lands HCP.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 71 percent of the
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area of ECN–3 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECN–4. The ECN–4 subunit consists
of approximately 222,818 ac (90,171 ha)
in Kittitas County, Washington, and
comprises lands managed by the USFS
and the State of Washington. The USFS
manages 99,641 ac (40,323 ha) as Latesuccessional Reserves to maintain
functional, interactive, latesuccessional, and old-growth forest
ecosystems and 118,676 ac (48,027 ha)
under the matrix land use allocation
where multiple uses occur, including
most timber harvest and other
silvicultural activities. The Washington
Department of Fish and Wildlife
manages 4,498 ac (1,820 ha). Threats in
this subunit include current and past
timber harvest, competition with barred
owls, and removal or modification of
habitat by forest fires, insects, and
diseases. This subunit is expected to
provide demographic support of the
overall population. This subunit also
has a key role in maintaining
connectivity between northern spotted
owl populations, both north to south in
the East Cascades North Unit and west
to east between the West and East
Cascades units. This role is shared with
the WCN–2 subunit and the WCC–1
subunit to the west. ECN–4 is located
primarily in the Upper Yakima River
watershed. In this subunit, we have
excluded private lands and lands
covered under the Washington
Department of Natural Resources State
Lands HCP and the Plum Creek Timber
Central Cascades HCP.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 78 percent of the
area of ECN–4 was covered by verified
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northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECN–5. The ECN–5 subunit consists
of approximately 201,108 ac (81,415 ha)
in Kittitas and Yakima Counties,
Washington, and comprises lands
managed by the USFS and the State of
Washington. The USFS manages
115,289 ac (46,656 ha) as Latesuccessional Reserves to maintain
functional, interactive, latesuccessional, and old-growth forest
ecosystems and 83,849 ac (33,933 ha)
under the matrix land use allocation
where multiple uses occur, including
most timber harvest and other
silvicultural activities. Threats in this
subunit include current and past timber
harvest, competition with barred owls,
and removal or modification of habitat
by forest fires, insects, and diseases.
This subunit is expected to provide
demographic support of the overall
population. ECN–5 is located primarily
in the watershed of the Naches River. In
this subunit, we have excluded from
final critical habitat designation lands
covered under the Washington
Department of Natural Resources State
Lands HCP, the Plum Creek Timber
Central Cascades HCP, and private
lands.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 85 percent of the
area of ECN–5 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
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subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECN–6. The ECN–6 subunit consists
of approximately 81,852 ac (33,124 ha)
in Skamania, Yakima, and Klickitat
Counties, Washington, and comprises
lands managed by the USFS and the
State of Washington. The USFS manages
32,400 ac (13,112 ha) as Latesuccessional Reserves to maintain
functional, interactive, latesuccessional, and old-growth forest
ecosystems; and 49,452 ac (20,012 ha)
under the matrix land use allocation
where multiple uses occur, including
most timber harvest and other
silvicultural activities. Threats in this
subunit include current and past timber
harvest, competition with barred owls,
and the Columbia River as an
impediment to northern spotted owl
dispersal. This subunit is expected to
provide demographic support of the
overall population. ECN–6 is located
primarily in the watersheds of the
Klickitat and White Salmon Rivers, and
is bounded on the south by the
Columbia River. In this subunit, we
have excluded lands covered under the
Washington Department of Natural
Resources State Lands HCP as well as
private lands from the final designation.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 88 percent of the
area of ECN–6 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
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increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECN–7. The ECN–7 subunit consists
of approximately 139,983 ac (56,649 ha)
in Hood River and Wasco Counties,
Oregon, and comprises only Federal
lands managed by the USFS under the
NWFP (USDA and USDI 1994, entire).
Special management considerations or
protection are required in this subunit
to address threats from current and past
timber harvest, removal or modification
of habitat by forest fires and the effects
on vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function
primarily for demographic support to
the overall population, as well as northsouth and east-west connectivity
between subunits and critical habitat
units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that nearly 100 percent of the area of
ECN–7 was covered by verified northern
spotted owl home ranges at the time of
listing. When combined with likely
occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECN–8. The ECN–8 subunit consists
of approximately 94,622 ac (38,292 ha)
in Jefferson and Deschutes Counties,
Oregon, of Federal lands managed by
the USFS under the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest, losses due to wildfire and the
effects on vegetation from fire exclusion,
and competition with barred owls. This
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subunit is expected to function
primarily for demographic support to
the overall population, as well as northsouth connectivity between subunits.
Our evaluation of sites known to be
occupied at the time of listing indicate
that approximately 61 percent of the
area of ECN–8 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECN–9. The ECN–9 subunit consists
of approximately 155,434 ac (62,902 ha)
in Deschutes and Klamath Counties,
Oregon, and comprises only Federal
lands managed by the USFS under the
NWFP (USDA and USDI 1994). Special
management considerations or
protection are required in this subunit
to address threats from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for demographic
support to the overall population, as
well as north-south connectivity
between subunits and critical habitat
units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 45 percent of the
area of ECN–9 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
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essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
Unit 8: East Cascades South (ECS)
Unit 8 contains 368,381 ac (149,078
ha) and three subunits. This unit
incorporates the Southern Cascades
Ecological Section M261D, based on
section descriptions of forest types from
Ecological Subregions of the United
States (McNab and Avers 1994c, Section
M261D) and the eastern slopes of the
Cascades from the Crescent Ranger
District of the Deschutes National Forest
south to the Shasta area. Topography is
gentler and less dissected than the
glaciated northern section of the eastern
Cascades. A large expanse of recent
volcanic soils (pumice region) (Franklin
and Dyrness 1988, pp. 25–26), large
areas of lodgepole pine, and increasing
presence of red fir (Abies magnifica)
and white fir (and decreasing grand fir)
along a south-trending gradient further
supported separation of this region from
the northern portion of the eastern
Cascades. This region is characterized
by a continental climate (cold, snowy
winters and dry summers) and a highfrequency/low-mixed severity fire
regime. Ponderosa pine is a dominant
forest type at mid-to-lower elevations,
with a narrow band of Douglas-fir and
white fir at middle elevations providing
the majority of northern spotted owl
habitat. Dwarf mistletoe provides an
important component of nesting habitat,
enabling northern spotted owls to nest
within stands of relatively younger,
smaller trees.
Subunit Descriptions—Unit 8
ECS–1. The ECS–1 subunit consists of
approximately 127,801 ac (51,719 ha) in
Klamath, Jackson, and Douglas
Counties, Oregon, and comprises lands
managed by the BLM and the USFS.
Special management considerations or
protection are required in this subunit
to address threats to the essential
physical or biological features from
current and past timber harvest, losses
due to wildfire and the effects on
vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function
primarily for demographic support to
the overall population, as well as north-
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south and east-west connectivity
between subunits and critical habitat
units. This subunit is adjacent to ECS–
2 to the south.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 78 percent of the
area of ECS–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECS–2. The ECS–2 subunit consists of
approximately 66,086 ac (26,744 ha) in
Klamath and Jackson Counties, Oregon,
and Siskiyou County, California, all of
which are Federal lands managed by the
BLM and USFS per the NWFP (USDA
and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats to the essential
physical or biological features from
current and past timber harvest, losses
due to wildfire and the effects on
vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function
primarily for north-south connectivity
between subunits, but also for
demographic support in this area of
sparse Federal land and sparse highquality nesting habitat.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 77 percent of the
area of ECS–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
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time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ECS–3. The ECS–3 subunit consists of
approximately 112,179 ac (45,397 ha) in
Siskiyou County, California, all of
which are Federal lands managed by the
USFS per the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. The function of this subunit is to
provide demographic support in this
area of sparsely distributed high-quality
habitat and Federal land, and to provide
for population connectivity between
subunits to the north and south.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 69 percent of the
area of ECS–3 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider a
large part of this subunit to have been
occupied at the time of listing. There are
some areas of younger forest in this
subunit that may have been unoccupied
at the time of listing. We have
determined that all of the unoccupied
and likely occupied areas in this
subunit are essential for the
conservation of the species to meet the
recovery criterion that calls for the
continued maintenance and recruitment
of northern spotted owl habitat (USFWS
2011, p. ix). The increase and
enhancement of northern spotted owl
habitat in this subunit is especially
important for providing essential
connectivity between currently
occupied areas to support the successful
dispersal of northern spotted owls, and
may also help to buffer northern spotted
owls from competition with the barred
owl.
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Unit 9: Klamath West (KLW)
Unit 9 contains 1,197,389 ac (484,565
ha) and nine subunits. This unit
consists of the western portion of the
Klamath Mountains Ecological Section
M261A, based on section descriptions of
forest types from Ecological Subregions
of the United States (McNab and Avers
1994c, Section M261A). A long northsouth trending system of mountains
(particularly South Fork Mountain)
creates a rainshadow effect that
separates this region from more mesic
conditions to the west. This region is
characterized by very high climatic and
vegetative diversity resulting from steep
gradients of elevation, dissected
topography, and the influence of marine
air (relatively high potential
precipitation). These conditions support
a highly diverse mix of mesic forest
communities such as Pacific Douglas-fir,
Douglas-fir tanoak, and mixed evergreen
forest interspersed with more xeric
forest types. Overall, the distribution of
tanoak is a dominant factor
distinguishing the Western Klamath
Region. Douglas-fir dwarf mistletoe is
uncommon and seldom used for nesting
platforms by northern spotted owls. The
prey base of northern spotted owls
within the Western Klamath is diverse,
but dominated by woodrats and flying
squirrels.
Subunit Descriptions—Unit 9
KLW–1. The KLW–1 subunit consists
of approximately 147,326 ac (59,621 ha)
in Douglas, Josephine, Curry, and Coos
Counties, Oregon, and comprises lands
managed by the State of Oregon and the
BLM. Of this subunit 7,682 ac (3,109 ha)
are managed by the State of Oregon for
multiple uses including timber revenue
production, recreation, and wildlife
habitat according to the Southwest
Oregon State Forests Management Plan
(ODF 2010b, entire). Federal lands
comprise 139,644 ac (56,512 ha) and are
managed as directed by the NWFP
(USDA and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats to the essential
physical or biological features from
current and past timber harvest, losses
due to wildfire and the effects on
vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function for
demographic support to the overall
population and for north-south and eastwest connectivity between subunits and
critical habitat units. This subunit sits at
the western edge of an important
connectivity corridor between coastal
Oregon and the western Cascades.
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Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 96 percent of the
area of KLW–1was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLW–2. The KLW–2 subunit consists
of approximately 148,929 ac (60,674 ha)
in Josephine, Curry, and Coos Counties,
Oregon, and comprises lands managed
by the USFS and the BLM as directed
by the NWFP (USDA and USDI 1994,
entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function for demographic support to the
overall population and for north-south
and east-west connectivity between
subunits and critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 71 percent of the
area of KLW–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
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and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLW–3. The KLW–3 subunit consists
of approximately 143,862 ac (58,219 ha)
in Josephine, Curry, and Coos Counties,
Oregon, and comprises lands managed
by the USFS, the BLM and the State of
Oregon. There are 142,982 ac (57,863
ha) of Federal lands managed as
directed by the NWFP (USDA and USDI
1994, entire). The 880 ac (356 ha) of
State of Oregon lands are managed
according to the Southwest Oregon State
Forests Management Plan (ODF 2010b,
entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest, losses due to wildfire and the
effects on vegetation from fire exclusion,
and competition with barred owls. This
subunit is expected to function for
demographic support to the overall
population and for north-south
connectivity between subunits and
critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 88 percent of the
area of KLW–3 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLW–4. The KLW–4 subunit consists
of approximately 158,299 ac (64,061 ha)
in Josephine and Jackson Counties,
Oregon, and Del Norte and Siskiyou
Counties, California, and comprises
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lands managed by the USFS and the
BLM that are managed as directed by
the NWFP (USDA and USDI 1994,
entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function for demographic support to the
overall population and for north-south
and east-west connectivity between
subunits and critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 95 percent of the
area of KLW–4 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLW–5. The KLW–5 subunit consists
of approximately 31,085 ac (12,580 ha)
in Josephine County, Oregon, and Del
Norte and Siskiyou Counties, California,
all of which are Federal lands managed
by the BLM and USFS per the NWFP
(USDA and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats to the essential
physical or biological features from
current and past timber harvest, losses
due to wildfire and the effects on
vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function for
demographic support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 98 percent of the
area of KLW–5 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
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likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLW–6. The KLW–6 subunit consists
of approximately 117,545 ac (47,569 ha)
in Del Norte, Humboldt, and Siskiyou
Counties, California, all of which are
Federal lands managed by the USFS as
directed by the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function for demographic support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 91 percent of the
area of KLW–6 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
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buffering from competition with the
barred owl.
KLW–7. The KLW–7 subunit consists
of approximately 255,779 ac (103,510
ha) in Del Norte, Humboldt, and
Siskiyou Counties, California, all of
which are Federal lands managed by the
BLM and USFS as directed by the
NWFP (USDA and USDI 1994, entire).
Special management considerations or
protection are required in this subunit
to address threats to the essential or
physical features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function for demographic support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 91 percent of the
area of KLW–7 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLW–8. The KLW–8 subunit consists
of approximately 114,287 ac (46,250 ha)
in Siskiyou and Trinity Counties,
California, all of which are Federal
lands managed by the BLM and USFS
as directed by the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function for demographic support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 85 percent of the
area of KLW–8 was covered by verified
northern spotted owl home ranges at the
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time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLW–9. The KLW–9 subunit consists
of approximately 149,656 ac (60,564 ha)
in Humboldt and Trinity Counties,
California, all of which are Federal
lands managed by the USFS as directed
by the NWFP (USDA and USDI 1994,
entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function for demographic support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 89 percent of the
area of KLW–9 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
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buffering from competition with the
barred owl.
Unit 10: Klamath East (KLE)
Unit 10 contains 1,052,731ac
(426,025ha) and seven subunits. This
unit consists of the eastern portion of
the Klamath Mountains Ecological
Section M261A, based on section
descriptions of forest types from
Ecological Subregions of the United
States (McNab and Avers 1994c, Section
M261A), and portions of the Southern
Cascades Ecological Section M261D in
Oregon. This region is characterized by
a Mediterranean climate, greatly
reduced influence of marine air, and
steep, dissected terrain. Franklin and
Dyrness (1988, pp. 137–149)
differentiate the mixed-conifer forest
occurring on the ‘‘Cascade side of the
Klamath from the more mesic mixed
evergreen forests on the western portion
(Siskiyou Mountains),’’ and Kuchler
(1977) separates out the eastern Klamath
based on increased occurrence of
ponderosa pine. The mixed-conifer/
evergreen hardwood forest types typical
of the Klamath region extend into the
southern Cascades in the vicinity of
Roseburg and the North Umpqua River,
where they grade into the western
hemlock forest typical of the Cascades.
High summer temperatures and a
mosaic of open forest conditions and
Oregon white oak (Quercus garryana)
woodlands act to influence northern
spotted owl distribution in this region.
Northern spotted owls occur at
elevations up to 1,768 m. Dwarf
mistletoe provides an important
component of nesting habitat, providing
additional structure and enabling
northern spotted owls to occasionally
nest within stands of relatively younger,
small trees.
Subunit Descriptions—Unit 10
KLE–1. The KLE–1 subunit consists of
approximately 242,338 ac (98,071 ha) in
Jackson and Douglas Counties, Oregon,
and comprises Federal lands managed
by the USFS and the BLM under the
NWFP (USDA and USDI 1994, entire).
Special management considerations or
protection are required in this subunit
to address threats to the essential
physical or biological features from
current and past timber harvest, losses
due to wildfire and the effects on
vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function
primarily for demographic support to
the overall population, as well as northsouth and east-west connectivity
between subunits and critical habitat
units.
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Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 84 percent of the
area of KLE–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLE–2. The KLE–2 subunit consists of
approximately 101,942 ac (41,255 ha) in
Josephine and Douglas Counties,
Oregon, and comprises Federal lands
managed by the USFS and the BLM
under the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for east-west
connectivity between subunits and
critical habitat units, but also for
demographic support. This subunit
facilitates northern spotted owl
movements between the western
Cascades and coastal Oregon and the
Klamath Mountains.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 92 percent of the
area of KLE–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
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occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLE–3. The KLE–3 subunit consists of
approximately 111,410 ac (45,086 ha) in
Jackson, Josephine, and Douglas
Counties, Oregon, and comprises
Federal lands managed by the USFS and
the BLM under the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for east-west
connectivity between subunits and
critical habitat units, but also for
demographic support. This subunit
facilitates northern spotted owl
movements between the western
Cascades and coastal Oregon and the
Klamath Mountains.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 97 percent of the
area of KLE–3 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLE–4. The KLE–4 subunit consists of
approximately 254,442 ac (102,969 ha)
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in Jackson, Klamath, and Douglas
Counties, Oregon, and comprises
Federal lands managed by the USFS and
the BLM under the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for east-west
connectivity between subunits and
critical habitat units, but also for
demographic support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 81 percent of the
area of KLE–4 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLE–5. The KLE–5 subunit consists of
approximately 38,283 ac (15,493 ha) in
Jackson County, Oregon, and comprises
lands managed by the BLM and USFS.
The BLM and USFS lands are managed
per the NWFP (USDA and USDI 1994,
entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for north-south
connectivity between subunits, but also
for demographic support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 86 percent of the
area of KLE–5 was covered by verified
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northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLE–6. The KLE–6 subunit consists of
approximately 167,849 ac (67,926 ha) in
Jackson County, Oregon, and Siskiyou
County, California, all of which are
Federal lands managed by the BLM and
USFS per the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for north-south
connectivity between subunits, but also
for demographic support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 97 percent of the
area of KLE–6 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
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northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
KLE–7. The KLE–7 subunit consists of
approximately 66,078 ac (26,741 ha) in
Siskiyou County, California, all of
which are Federal lands managed by the
BLM and USFS per the NWFP (USDA
and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats to the essential
physical or biological features from
current and past timber harvest, losses
due to wildfire and the effects on
vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function for
demographic support and also for
connectivity across the landscape.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 96 percent of the
area of KLE–7 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
Unit 11: Interior California Coast (ICC)
Unit 11 contains 941,568 ac (381,039
ha) and eight subunits. This unit
consists of the Northern California Coast
Ranges ecological Section M261B, based
on section descriptions of forest types
from Ecological Subregions of the
United States (McNab and Avers 1994c,
Section M261B), and differs markedly
from the adjacent redwood coast region.
Marine air moderates winter climate,
but precipitation is limited by
rainshadow effects from steep
elevational gradients (328 to 7,847 ft
(100 to 2,400 m)) along a series of northsouth trending mountain ridges. Due to
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the influence of the adjacent Central
Valley, summer temperatures in the
interior portions of this region are
among the highest within the northern
spotted owl’s range. Forest communities
tend to be relatively dry mixed-conifer,
blue and Oregon white oak, and the
Douglas-fir tanoak series. Northern
spotted owl habitat within this region is
poorly known; there are no
Demographic Study Areas (DSAs—areas
within forested habitats specifically
surveyed to determine northern spotted
owl occupation and density), and few
studies have been conducted here.
Northern spotted owl habitat and
occupancy data obtained during this
project suggests that some northern
spotted owls occupy steep canyons
dominated by live oak and Douglas-fir.
The distribution of dense conifer
habitats most suitable for the northern
spotted owl is limited to higher
elevations on the Mendocino National
Forest.
Subunit Descriptions—Unit 11
ICC–1. The ICC–1 subunit consists of
approximately 332,042 ac (134,372 ha)
in Humboldt, Trinity, Shasta, and
Tehama Counties, California, all of
which are Federal lands managed by the
BLM and the USFS per the NWFP
(USDA and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats to the essential
physical or biological features from
current and past timber harvest, losses
due to wildfire and the effects on
vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function
primarily for demographic support, but
also for connectivity between subunits
and critical habitat units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 97 percent of the
area of ICC–1 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
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spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ICC–2. The ICC–2 subunit consists of
approximately 204,400 ac (82,718 ha) in
Humboldt and Trinity Counties,
California, all of which are Federal
lands managed by the BLM and the
USFS per the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for demographic
support, but also for connectivity
between subunits and critical habitat
units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 98 percent of the
area of ICC–2 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ICC–3. The ICC–3 subunit consists of
approximately 103,971 ac (42,035 ha) in
Trinity, Tehama, and Mendocino
Counties, California, all of which are
Federal lands managed by the BLM and
the USFS per the NWFP (USDA and
USDI 1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
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exclusion, and competition with barred
owls. This subunit is expected to
function primarily for demographic
support, but also for north-south
connectivity between subunits.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 89 percent of the
area of ICC–3 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ICC–4. The ICC–4 subunit consists of
approximately 120,997 ac (48,966 ha) in
Mendocino, Glenn, and Colusa
Counties, California, all of which are
Federal lands managed by the BLM and
USFS per the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for demographic
support.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 93 percent of the
area of ICC–4 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
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essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ICC–5. The ICC–5 subunit consists of
approximately 34,957 ac (14,147 ha) in
Lake and Mendocino Counties,
California, all of which are Federal
lands managed by the USFS and BLM
per the NWFP (USDA and USDI 1994,
entire). Special management
considerations or protection are
required in this subunit to address
threats to the essential physical or
biological features from current and past
timber harvest, losses due to wildfire
and the effects on vegetation from fire
exclusion, and competition with barred
owls. This subunit is expected to
function primarily for demographic
support, but also for connectivity
between subunits and critical habitat
units.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 78 percent of the
area of ICC–5 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ICC–6. The ICC–6 subunit consists of
approximately 2,072 ac (839 ha) of State
and Federal lands in Napa and Sonoma
Counties, California.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 90 percent of the
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area of ICC–6 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ICC–7. The ICC–7 subunit consists of
approximately 119,742 ac (48,458 ha) in
Trinity and Shasta Counties, California,
all of which are Federal lands managed
by the BLM and USFS per the NWFP
(USDA and USDI 1994, entire). Special
management considerations or
protection are required in this subunit
to address threats to the essential
physical or biological features from
current and past timber harvest, losses
due to wildfire and the effects on
vegetation from fire exclusion, and
competition with barred owls. This
subunit is expected to function both for
demographic support and for east-west
connectivity between subunits in an
area of sparse Federal ownership.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 73 percent of the
area of ICC–7 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
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provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
ICC–8. The ICC–8 subunit consists of
approximately 83,376 ac (33,742 ha) in
Siskiyou and Shasta Counties,
California, all of which are Federal
lands managed by the BLM and the
USFS per the NWFP (USDA and USDI
1994, entire). Special management
considerations or protection are
required in this subunit to address
threats from current and past timber
harvest, losses due to wildfire and the
effects on vegetation from fire exclusion,
and competition with barred owls. This
subunit is expected to function both for
demographic support and for
connectivity between subunits in an
area of sparse Federal ownership.
Our evaluation of sites known to be
occupied at the time of listing indicates
that approximately 84 percent of the
area of ICC–8 was covered by verified
northern spotted owl home ranges at the
time of listing. When combined with
likely occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for the continued maintenance
and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The
increase and enhancement of northern
spotted owl habitat is necessary to
provide for viable populations of
northern spotted owls over the long
term by providing for population
growth, successful dispersal, and
buffering from competition with the
barred owl.
IX. Effects of Critical Habitat
Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires
Federal agencies, including the Service,
to ensure that any action they fund,
authorize, or carry out is not likely to
jeopardize the continued existence of
any endangered species or threatened
species or result in the destruction or
determinations of designated critical
habitat of such species. Decisions by the
Fifth and Ninth Circuit Courts of
Appeals have invalidated our regulatory
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definition of ‘‘destruction or adverse
modification’’ (50 CFR 402.02) (Gifford
Pinchot Task Force v. U.S. Fish and
Wildlife Service, 378 F. 3d 1059 (9th Cir.
2004); Sierra Club v. U.S. Fish and
Wildlife Service., 245 F.3d 434, 442 (5th
Cir. 2001)), and we do not rely on this
regulatory definition when analyzing
whether an action is likely to destroy or
adversely modify critical habitat. Under
the statutory provisions of the Act, we
determine destruction or adverse
modification on the basis of whether,
with implementation of the proposed
Federal action, the affected critical
habitat would continue to serve its
intended conservation function or
purpose for the species.
If a Federal action may affect a listed
species or its critical habitat, the
responsible Federal agency (action
agency) must enter into consultation
with the Service. Examples of actions
that are subject to the section 7
consultation process are actions on
State, Indian, local, or private lands that
require a Federal permit (such as a
permit from the U.S. Army Corps of
Engineers under section 404 of the
Clean Water Act (33 U.S.C. 1251 et seq.)
or a permit from the Service under
section 10 of the Act) or that involve
some other Federal action (such as
funding from the Federal Highway
Administration, Federal Aviation
Administration, or the Federal
Emergency Management Agency).
Federal actions not affecting listed
species or critical habitat, and actions
on State, Indian, local, or private lands
that are not federally funded or federally
authorized do not require section 7
consultation.
Section 7 consultation results in
issuance of:
(1) A concurrence letter for Federal
actions that may affect, but are not
likely to adversely affect, listed species
or critical habitat; or
(2) A biological opinion for Federal
actions that may affect, and are likely to
adversely affect, listed species or critical
habitat.
When we issue a biological opinion
concluding that a project is likely to
jeopardize the continued existence of a
listed species and/or destroy or
adversely modify critical habitat, we
provide reasonable and prudent
alternatives to the project, if any are
identifiable, that would avoid the
likelihood of jeopardy and/or
destruction or adverse modification of
critical habitat. We define ‘‘reasonable
and prudent alternatives’’ (at 50 CFR
402.02) as alternative actions identified
during consultation that:
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(1) Can be implemented in a manner
consistent with the intended purpose of
the action,
(2) Can be implemented consistent
with the scope of the Federal agency’s
legal authority and jurisdiction,
(3) Are economically and
technologically feasible, and
(4) Would, in the Director’s opinion,
avoid the likelihood of jeopardizing the
continued existence of the listed species
and/or avoid the likelihood of
destroying or adversely modifying
critical habitat.
Reasonable and prudent alternatives
can vary from slight project
modifications to extensive redesign or
relocation of the project. Costs
associated with implementing a
reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require
Federal agencies to reinitiate
consultation on previously reviewed
actions in instances where we have
listed a new species or subsequently
designated critical habitat that may be
affected, and the Federal agency has
retained discretionary involvement or
control over the action, or the agency’s
discretionary involvement or control is
authorized by law. Consequently,
Federal agencies sometimes may need to
request reinitiation of consultation with
us on actions for which formal
consultation has been completed, if
those actions with discretionary
involvement or control may affect
subsequently listed species or
designated critical habitat.
Determinations of Adverse Effects and
Application of the ‘‘Adverse
Modification’’ Standard
The key factor involved in the
destruction/adverse modification
determination for a proposed Federal
agency action is whether the affected
critical habitat would continue to serve
its intended conservation function or
purpose for the species with
implementation of the proposed action
after taking into account any anticipated
cumulative effects (USFWS 2004, in litt.
entire). Activities that may destroy or
adversely modify critical habitat are
those that alter the physical or
biological features to an extent that
appreciably reduces the conservation
value of critical habitat for the northern
spotted owl. As discussed above, the
role of critical habitat is to support lifehistory needs of the species and provide
for the conservation of the species.
Section 4(b)(8) of the Act requires us
to briefly evaluate and describe, in any
proposed or final regulation that
designates critical habitat, activities
involving a Federal action that may
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destroy or adversely modify such
habitat, or that may be affected by such
designation.
Activities that may affect critical
habitat, when carried out, funded, or
authorized by a Federal agency, should
result in consultation for the northern
spotted owl under section 7(a)(2) of the
Act. In general, there are five possible
outcomes in terms of how proposed
Federal actions may affect the PCEs or
physical or biological features of
northern spotted owl critical habitat or
essential habitat qualities associated
with that critical habitat area: (1) No
effect; (2) wholly beneficial effects (e.g.,
improve habitat condition); (3) both
short-term adverse effects and long-term
beneficial effects; (4) insignificant or
discountable adverse effects; or (5)
wholly adverse effects. Actions with no
effect on the PCEs and physical or
biological features of occupied areas or
the essential habitat qualities in
unoccupied areas do not require section
7 consultation, although such actions
may still require consultation if they
have effects on the species itself as a
result of its status as a threatened
species under the Act. Actions with
effects to the PCEs, physical or
biological features, or other essential
habitat qualities of northern spotted owl
critical habitat that are discountable,
insignificant, or wholly beneficial
would be considered not likely to
adversely affect critical habitat, and do
not require formal consultation if the
Service concurs in writing with that
Federal action agency determination.
Actions that are likely to adversely
affect the physical or biological features
or other essential habitat qualities of
northern spotted owl critical habitat
require formal consultation and the
preparation of a Biological Opinion by
the Service. The Biological Opinion sets
forth the basis for our section 7(a)(2)
determination as to whether the
proposed Federal action is likely to
destroy or adversely modify northern
spotted owl critical habitat.
Activities that may destroy or
adversely modify critical habitat are
those that alter the essential physical or
biological features or other essential
habitat qualities of the critical habitat to
an extent that appreciably reduces the
conservation value of the critical habitat
for the listed species. As discussed
above, the conservation role or value of
northern spotted owl critical habitat is
to adequately support the life-history
needs of the species to the extent that
well-distributed and interconnected
northern spotted owl nesting
populations are likely to persist within
properly functioning ecosystems at the
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critical habitat unit and range-wide
scales.
Proposed Federal actions that may
affect northern spotted owl critical
habitat will trigger the consultation
requirements under section 7 of the Act
and compliance with the section 7(a)(2)
standard described above. The
consultation process evaluates the
effects of a proposed action to
designated critical habitat regardless of
the species’ presence or absence. For an
action that may affect critical habitat,
the next step is to determine whether it
is likely to adversely affect critical
habitat. For example, where a project is
designed to reduce fuels such that the
effect of wildfires will be reduced, but
will also reduce foraging opportunities
within treatment areas, established
interagency consultation teams should
determine whether the proposed project
has more than an insignificant impact
on the foraging PCEs for northern
spotted owls. A localized reduction in
foraging habitat within a stand may
have such an insignificant impact on
foraging PCEs within the stand that a
not likely to adversely affect
determination is appropriate. Similarly,
a hazard tree removal project in a stand
with many suitable nest trees may have
such a minimal reduction in nesting
PCEs of that stand that the effect to
nesting habitat is insignificant. In such
a case, a ‘‘not likely to adversely affect’’
determination would be appropriate.
For actions that are likely to adversely
affect critical habitat, the agencies will
enter into formal consultation. At this
stage of consultation, scale and context
are especially important in evaluating
the potential effects of forest
management on northern spotted owl
habitat. The degree to which various
forest management activities are likely
to affect the capability of the critical
habitat to support northern spotted owl
nesting, roosting, foraging, or dispersal
will vary depending on factors such as
the scope and location of the action, and
the quantity of the critical habitat
affected. In addition, in analyzing
whether an action will likely destroy or
adversely modify critical habitat, the
effects of the action on the factors that
were the basis for determining the area
to meet the definition of critical habitat
should be considered.
In general, we would anticipate that
management actions that are consistent
with the overall purpose for which a
critical habitat unit was designated
would not likely destroy or adversely
modify critical habitat as those terms are
used in the context of section 7(a)(2) of
the Act. Such actions include activities
whose intent is to restore ecological
processes or long-term forest health to
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forested landscapes that contain
northern spotted owl habitat, such as
those actions described in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011) and elsewhere in
this document. However, each proposed
action will be considered on a case-bycase basis.
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Section 7 Process Under This Critical
Habitat Rule
The Presidential Memo, dated
February 28, 2012 (77 FR 12985; March
5, 2012), directed the Service to address
six action items in the final revised
critical habitat rule for the northern
spotted owl. One item in the Memo
called for the Service to develop clear
direction ‘‘for evaluating logging activity
in areas of critical habitat, in accordance
with the scientific principles of active
forestry management and to the extent
permitted by law.’’ The following
summarizes the evaluation process for
logging activities in areas of northern
spotted owl critical habitat under
section 7 of the Act and its
implementing regulations, and our
plans for close coordination with the
land management agencies to best meet
the dual goals of recovering the northern
spotted owl and managing our public
forest lands for multiple use.
Coordination With Land Management
Agencies
The Service is committed to working
closely with the U.S. Forest Service and
BLM to implement the active
management and ecological forestry
concepts discussed in the Revised
Recovery Plan and this critical habitat
rule. Both recommend that land
managers use the best science to
maintain and restore forest health and
resilience in the face of climate change
and other challenges.
To meet this goal, we have prioritized
the timely review of forestry projects
that will be proposed in critical habitat.
We have already completed section 7
conference opinions on the proposed
rule with the agencies, and have
recently held interagency coordination
meetings with the section 7 Level 1 staff
in Oregon, Washington, and California.
In these meetings, we identified ways to
streamline the section 7 process to
ensure that potential projects can be
implemented in a timely manner
consistent with northern spotted owl
conservation. We are also closely
involved in and supportive of the
respective Forest Service and BLM
landscape-level planning efforts
currently underway, and will work with
the agencies to incorporate the
conservation planning recommended in
the Revised Recovery Plan and
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discussed in this final critical habitat
designation.
Finally, appropriate Service staff have
been directed that all levels of
management and field teams stay fully
engaged in this process to ensure these
commitments are met.
Determining Whether an Action Is
Likely to Adversely Affect Critical
Habitat
The 1992 northern spotted owl
critical habitat rule (57 FR 1796; January
15, 1992) identified the primary
constituent element (PCE) as the
fundamental scale of analysis at which
the ‘‘evaluation of actions that may
affect critical habitat for the northern
spotted owl’’ should occur. Those
elements included nesting, roosting,
foraging and dispersal habitats. In the
2008 northern spotted owl critical
habitat rule (73 FR 47326; August 13,
2008), the forested stand is identified as
the appropriate scale for determining
whether an action was likely to
adversely affect northern spotted owl
critical habitat. The 2012 proposed
revised critical habitat rule identified a
500-ac (200-ha) circle as a logical scale
for determining the effects of a timber
sale to critical habitat because research
shows northern spotted owls respond
more favorably to an area larger than a
single tree when choosing where to live.
However, there are many variables to
be considered when determining
whether the effects to critical habitat are
adverse or not. When making a
determination as to whether an action is
likely to adversely affect critical habitat,
and thus require formal consultation, it
is not possible to design a ‘‘one size fits
all’’ set of rules due to differences in
project types, habitat types, and habitat
needs across the range of the species
(Fontaine and Kennedy 2012, p. 1559).
This determination should be
conducted at a scale that is relevant to
the northern spotted owl life-history
functions supplied by the PCEs and
affected by the project. We note that this
more localized scale differs from that
used in determining whether an action
will destroy or adversely modify critical
habitat, which is made at the scale of
the designated critical habitat, as
described further below.
Northern spotted owl critical habitat
PCE 4 (habitat to support the transience
and colonization phases of dispersal)
provides a life-history need that
functions at a landscape-level scale and
should be assessed at a larger scale than
the other PCEs. Potential scales of
analysis include the local watershed
(e.g., fifth-field watershed) or
subwatershed (e.g., sixth-field
watershed), a dispersal corridor, or a
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relevant landform. Both PCE 2 (habitat
that provides for nesting and roosting)
and PCE 3 (habitat that provides for
foraging) provide life-history needs that
function at a more localized landscape,
which should help inform the scale at
which the determination of whether an
action will likely adversely affect
critical habitat should be conducted. We
encourage the level one consultation
teams to tailor this scale of the effects
determination to the localized biology of
the life-history needs of the northern
spotted owl (such as the stand scale, a
500-ac (200-ha) circle, or other
appropriate, localized scale).
If a project produces an effect on
critical habitat that is wholly beneficial,
insignificant, or discountable, then the
project is not likely to adversely affect
critical habitat, and consultation would
be concluded with a letter of
concurrence. Wholly beneficial effects
include those that actively promote the
development or improve the
functionality of critical habitat for the
northern spotted owl without causing
adverse effects to the PCEs. Such actions
might involve variable-density thinning
in forest stands that do not currently
support nesting, roosting, or foraging
habitat for the northern spotted owl,
which would speed the development of
these types of habitats, while
maintaining dispersal habitat function.
Thinning or other treatments in young
plantations that are specifically
designed to accelerate the development
of owl habitat, and either are in areas
that do not provide dispersal habitat or
where the effects to dispersal capability
would be insignificant or discountable,
would also fall into the ‘‘not likely to
adversely affect’’ category. While these
wholly beneficial actions may affect
critical habitat and would, therefore,
require consultation under section 7 of
the Act, they most likely would be
completed via an informal consultation
with a determination that they are not
likely to adversely affect critical habitat.
Likewise, if the adverse effects of a
proposed Federal action on the lifehistory needs supported by physical or
biological features of northern spotted
owl critical habitat are expected to be
discountable or insignificant, that action
would also be considered not likely to
adversely affect northern spotted owl
critical habitat. In such cases, the
section 7 consultation requirements can
also be satisfied through the informal
concurrence process. Examples of such
actions may include: Pre-commercial or
commercial thinning that does not delay
the development of essential physical or
biological features; fuel-reduction
treatments that have a negligible effect
on northern spotted owl foraging habitat
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within the stand; and the removal of
hazard trees, where the removal has an
insignificant effect on the capability of
the stand to provide northern spotted
owl nesting opportunities.
Some proposed Federal forest
management activities may have shortterm adverse effects and long-term
beneficial effects on the physical or
biological features of northern spotted
owl critical habitat. The Revised
Recovery Plan for the Northern Spotted
Owl recommends that land managers
actively manage portions of both moist
and dry forests to improve stand
conditions and forest resiliency, which
should benefit the long-term recovery of
the northern spotted owl (USFWS 2011,
p. III–11). For example, variable
thinning in single-story, uniform forest
stands to promote the development of
multistory structure and nest trees may
result in short-term adverse impacts to
the habitat’s current capability to
support owl dispersal and foraging, but
have long-term benefits by creating
higher quality habitat that will better
support territorial pairs of northern
spotted owls. Such activities would
have less impact in areas where foraging
and dispersal habitat is not limiting, and
ideally can be conducted in a manner
that minimizes short-term negative
impacts. Even though they may have
long-term beneficial effects, if they have
short-term adverse effects, such actions
may adversely affect critical habitat, and
would require formal consultation
under section 7 of the Act. For
efficiency, such actions may be
evaluated under section 7
programmatically at the landscape scale
(e.g., USFS or BLM District).
Habitat conditions in moist/wet and
dry/fire-prone forests within the range
of the northern spotted owl vary widely,
as do the types of management activities
designed to accelerate or enhance the
development of northern spotted owl
habitat. ‘‘Wet’’ and ‘‘dry’’ are ends of a
spectrum, not distinct categories that
adequately describe the full range of
forest types within the range of the
northern spotted owl. Because these
categories are broad, and conditions on
the ground are more variable, land
managers and cooperators should have
the expectation that multiple forest
types may be involved, and similar
projects in different forest types may not
always lead to the same effect
determination for purposes of
compliance with section 7 of the Act.
To make effects determinations, we
recommend generating area-specific
maps showing the current habitat
condition (such as types of habitat,
known nest trees, or other feature) and,
using information on the proposed
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action (such as location, type and
intensity of harvest, location of new
roads and landings, or other proposed
activity effects), produce a post-project
habitat map such that the pre- and postproject comparison of the PCEs can be
assessed. We also recommend the
cooperative development of a spatial
and temporal framework for evaluating
the impact of both the short- and longterm effects of the proposed activities on
the northern spotted owl. Framework
examples include a landscape
assessment or a checklist of key
questions the answers to which will
illustrate how the project will impact
the northern spotted owl (see Spies et
al. 2012, p. 11, for an example).
Determining Whether an Action Will
Destroy or Adversely Modify Critical
Habitat
If the effects of the project have more
than an insignificant or discountable
impact on the ability of the PCEs to
provide life-history functions for the
northern spotted owl, then the project is
likely to adversely affect northern
spotted owl critical habitat, and formal
consultation is warranted. For projects
that will adversely affect critical habitat,
it is the Service’s responsibility to
conduct an analysis of whether the
action is likely to ‘‘destroy or adversely
modify critical habitat’’ during the
formal consultation process. As
discussed below, the determination of
whether an action is likely to destroy or
adversely modify critical habitat is
made at the scale of the entire critical
habitat network. However, a proposed
action that compromises the capability
of a subunit or unit to fulfill its intended
conservation function or purpose could
represent an appreciable reduction in
the conservation value of the entire
designated critical habitat. Therefore,
the biological opinion should describe
the relationship between the
conservation role of the action area,
affected subunits, units, and the entire
designated critical habitat. This analysis
must incorporate all direct and indirect
effects and any cumulative effects from
the project within the action area. If,
after the formal consultation analysis, it
is determined that the proposed project
will not destroy or adversely modify
critical habitat, then the action can be
conducted.
Factors to consider in evaluating
whether activities, including timber
harvest, are likely to destroy or
adversely modify critical habitat
pursuant to section 7 include:
• The extent of the proposed action,
both its temporal and spatial scale,
relative to the critical habitat subunit
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and unit within which it occurs, and the
entire critical habitat network.
• The specific purpose for which the
affected subunit was identified and
designated as critical habitat.
• The cumulative effects of all
completed activities in the critical
habitat unit.
• The impact of the proposed action
on the ability of the affected critical
habitat to continue to support the lifehistory functions supplied by the PCEs.
• The impact of the proposed action
on the subunit’s likelihood of serving its
intended conservation function or
purpose.
• The impact of the proposed action
on the unit’s likelihood of continuing to
contribute to the conservation of the
species.
• The overall consistency of the
proposed action with the intent of the
recovery plan or other landscape-level
conservation plans.
• The special importance of project
scale and context in evaluating the
potential effects of timber harvest to
northern spotted owl critical habitat.
The first step is to describe the
impacts to critical habitat in the action
area with respect to the subunit’s
intended functions as identified in this
rule. For example, if a particular subunit
was designated to support northern
spotted owl connectivity between
subunits, then the loss or impact to
connectivity must be assessed. Subunits
that are expected to provide
demographic support should be
assessed for their ability to continue to
support northern spotted owl nesting
territories in conditions suitable for
occupancy by pairs of owls (e.g.,
amount and location of nesting habitat,
proximity of foraging habitat, etc.). The
analysis should describe the extent to
which the project is expected to
prevent, preclude, or significantly
impair the ability of that subunit to meet
its intended function. The analysis
should not incorporate the effect of the
proposed action on individual northern
spotted owls but, instead, on the lifehistory functions supplied by the PCEs
and the physical biological features.
Effects to northern spotted owls should
be included in the effects to the species
section of a biological opinion, as
appropriate.
The analysis in a biological
assessment or a biological opinion
should include an evaluation of the
type, frequency, magnitude, and
duration of impacts likely to be caused
by the action on the PCEs of the action
area, affected subunits and critical
habitat units, and an assessment of how
those impacts are likely to influence the
capability of the affected critical habitat
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units to provide for a well-distributed
and self-sustaining northern spotted owl
population. The analysis in a biological
assessment or a biological opinion of
cumulative effects on critical habitat
should include a similar assessment for
any future, non-Federal actions
reasonably certain to occur in the action
area, and at the level of the affected
subunits and critical habitat units.
Consideration of the effects of the
action, together with any cumulative
effects, will form the basis for the
biological opinion’s determination as to
whether the action will destroy or
adversely modify critical habitat. In
accordance with Service policy, the
adverse modification determination is
made at the scale of the entire
designated critical habitat, unless the
critical habitat rule identifies another
basis for the analysis (FWS and NMFS
1998). The adverse modification
determination for the northern spotted
owl will occur at the scale of the entire
designated critical habitat, as described
below, with consideration given to the
need to conserve viable populations
within each of the recovery units
identified in the Revised Recovery Plan
for the Northern Spotted Owl (USFWS
2011, Recovery Criterion 2).
It is important to note that although
the adverse modification determination
is made at the scale of the entire
designated critical habitat, a proposed
action that compromises the capability
of a subunit or unit to fulfill its intended
conservation function or purpose could
represent an appreciable reduction in
the conservation value of the entire
designated critical habitat. Therefore,
the biological opinion should describe
the relationship between the
conservation role of the action area,
affected subunits, units, and the entire
designated critical habitat. In this way,
the biological opinion establishes a
sensitive analytical framework for
informing the determination of whether
a proposed action is likely to
appreciably reduce the conservation
role of critical habitat overall.
The Service has assured the BLM and
FS that it is committed to working
closely with them to evaluate and
implement active management and
ecological forestry concepts of the
recovery plan and critical habitat rule
into potential timber management
projects. Both documents recommend
that land managers use the best science
to maintain and restore forest health and
resilience in the face of climate change
and other challenges.
To meet this goal we have prioritized
the timely review of forestry projects
that will be proposed in critical habitat.
We have already completed section 7
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conference opinions on the proposed
rule with several of your units, and we
have recently held interagency
coordination meetings with the section
7 Level 1 staff in Oregon, Washington,
and California. In these meetings, we
identified ways to streamline the section
7 process to ensure that potential
projects can be implemented in a timely
manner consistent with northern
spotted owl conservation. We are also
closely involved in and supportive of
the respective FS and BLM landscapelevel planning efforts currently
underway and will work with you to
incorporate the conservation planning
reflected in the revised recovery plan
and the final critical habitat designation.
Finally, appropriate Service staff have
been directed that all levels of
management and field teams—from
Level 1 biologists up to the Assistant
Regional Director—stay fully engaged in
this process to ensure these
commitments are met. Any problems or
disagreement should be promptly
elevated and resolved.
Within dry forests, the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011) emphasizes active
forest management that could meet
overlapping goals of northern spotted
owl conservation, climate change
response, and restoration of dry forest
ecological structure, composition, and
process, including wildfire and other
disturbances (USFWS 2011, pp. III–20).
For the rest of the northern spotted
owl’s range that is not fire-prone, the
Revised Recovery Plan emphasizes
habitat management that accelerates the
development of future habitat, restores
larger habitat blocks, and reduces
habitat fragmentation. The following
discussion describes the type of
management approaches that would be
consistent with the Revised Recovery
Plan in the West Cascades/Coast Ranges
of Oregon and Washington, East
Cascades, and the Redwood Coast
zones, and in some cases includes
consideration of possible corresponding
effect determinations for activities
implementing these approaches, for the
purpose of analyzing effects to critical
habitat under section 7 of the Act. The
Klamath and Northern California
Interior Coast Ranges regions contain
conditions similar to the three regions
discussed below, and similar
management approaches would be
consistent with the recovery needs of
the owl.
West Cascades/Coast Ranges of Oregon
and Washington
The primary goal of the Revised
Recovery Plan for this portion of the
northern spotted owl’s range is to
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conserve stands that support northern
spotted owl occupancy or contain highvalue northern spotted owl habitat
(USFWS 2011, p. III–17). Silvicultural
treatments are generally not needed to
accomplish this goal. However, there is
a significant amount of younger forest
that occurs between and around the
older stands, where silvicultural
treatments may accelerate the
development of these stands into future
northern spotted owl nesting habitat,
even if doing so temporarily degrades
existing dispersal habitat, as is
recommended in Recovery Action 6
(USFWS 2011, p. III–19). The Revised
Recovery Plan encourages silviculture
designed to develop late-successional
structural complexity and to promote
resilience (USFWS 2011, pp. III–17 to
III–19). Restoration or ecological
prescriptions can help uniform stands of
poor quality develop more quickly into
more diverse, higher quality northern
spotted owl habitat, and provide
resiliency in the face of potential
climate change impacts in the future.
Targeted vegetation treatments could
simultaneously increase canopy and
age-class diversity, putting those stands
on a more efficient trajectory towards
nesting and roosting habitat, while
reducing fuel loads. Introducing varying
levels of spatial heterogeneity, both
vertically and horizontally, into forest
ecosystems can contribute to both of the
goals stated above.
On matrix lands under the NWFP
where land managers have a range of
management goals, the Service
anticipates that not all forest
management projects in critical habitat
will be focused on the development or
conservation of northern spotted owl
habitat. Ideally, proposed actions within
critical habitat should occur on
relatively small patches of younger,
mid-seral forest stands that do not cause
reductions in higher quality northern
spotted owl habitat. They should also be
planned in such a way that their net
occurrence on the regional landscape is
consistent with broader ecosystembased planning targets (e.g., Spies et al.
2007a, entire) to provide the physical or
biological features that are essential to
the conservation of the northern spotted
owl. Within that context, thinning and
targeted variable-retention harvest in
moist forests could be considered where
the conservation of complex early-seral
forest habitat is a management goal.
This approach provides a contrast to
traditional clearcutting that does not
mimic natural disturbance or create
viable early-seral communities that
grow into high-quality habitat (Dodson
et al. 2012, p. 353; Franklin et al. 2002,
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srobinson on DSK4SPTVN1PROD with
p. 419; Swanson et al. 2011, p. 123;
Kane et al. 2011, pp. 2289–2290; Betts
et al. 2010, p. 2127, Hagar 2007, pp.
117–118). Swanson (2012, entire)
provides a good overview and some
management considerations.
In cases where these moist forest
treatments in matrix are intended to
meet management goals other than
northern spotted owl conservation, they
can be designed to enable the
development of northern spotted owl
habitat over time at the landscape scale.
If planned well at this scale, these
projects may have short-term adverse
effects, but are not expected to adversely
modify the role and function of critical
habitat units. In other words, such
treatments can be dispersed across the
landscape and over time to both
accommodate northern spotted owl
habitat needs and conservation of
diverse and complex early-seral habitat.
Additional information about ecological
forestry activities in moist forests can be
found in the Revised Recovery Plan
under Northern Spotted Owls and
Ecological Forestry (USFWS 2011, p.
III–11) and Habitat Management in
Moist Forests (USFWS 2011, p. III–17).
East Cascades
The Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011)
recommends that the dynamic, fireprone portion of the northern spotted
owl’s range be actively managed to
conserve northern spotted owls, but also
address climate change and restore dry
forest ecological structure, composition,
and processes (e.g., wildfire) to provide
for the long-term conservation of the
species and its habitat in a dynamic
ecosystem (USFWS 2011, pp. III–13, III–
20). To do this, management actions
should be considered to balance shortterm adverse effects with long-term
beneficial effects. In some cases, formal
consultation on the effects of dry forest
management activities on northern
spotted owl critical habitat is likely to
occur; in other cases, there may be no
adverse effects and consultation can be
concluded informally.
Management in dry forests should
increase the likelihood that northern
spotted owl habitat will remain on the
landscape longer and develop as part of
the dynamic fire- and disturbanceadapted community. Several
management approaches can be
described for these systems. The first is
to maintain adequate northern spotted
owl habitat in the near term to allow
owls to persist on the landscape in the
face of threats from barred owl
expansion and habitat alterations from
fire and other disturbances. The next is
to restore landscapes that are resilient to
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fire and other disturbances, including
those projected to occur with climate
change. This will require more than
reducing fuels and thinning trees to
promote low-severity fires; management
will need to develop ‘‘more natural
patterns and patch size distributions of
forest structure, composition, fuels, and
fire regime area’’ (Hessburg et al. 2007,
p. 21).
Our prime objective for vegetation
management activities within northern
spotted owl critical habitat is to
maintain adequate amounts of nesting,
roosting, foraging, or dispersal habitat
where it currently exists, and to restore
degraded habitat where it is essential to
the owl and can be best sustained on the
landscape, as recommended in the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, Section III).
Successfully accomplishing these
objectives can be facilitated by spatially
and temporally explicit landscape
assessments that identify areas valuable
for northern spotted owl conservation
and recovery, as well as areas important
for process restoration (e.g., Prather et
al. 2008, p. 149; Franklin et al. 2008, p.
46; Spies et al. 2012, entire). Such
assessments could answer questions
that are frequently asked about
proposed forest management activities,
namely ‘‘why here?’’ and ‘‘why now?’’
Providing well-reasoned responses to
these questions becomes especially
important when restoration activities
degrade or remove existing northern
spotted owl habitat. By scaling up
conservation and restoration planning
from the stand to the landscape level,
many apparent conflicts may disappear
because management actions can be
prioritized and spatially partitioned
(Prather et al. 2008, p. 149; Rieman et
al. 2010, p. 464). For example, portions
of the landscape can be identified where
there may be no conflict between
objectives, and where relatively
aggressive approaches to ecosystem
restoration can occur without placing
listed species at substantial risk (Prather
et al. 2008, pp. 147–149; Gaines et al.
2010, pp. 2049–2050). Conflicts between
objectives will remain in some
locations, such as in places where
removing younger, shade-intolerant
conifers to reduce competition with
larger, legacy conifers may result in a
substantial decrease in canopy cover
that translates into a reduction in
northern spotted owl habitat quality.
However, when this sort of treatment is
well designed, strategically located, and
justified within a landscape approach to
treatments, it is easier to assess its
effectiveness in meeting both owl
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conservation and forest restoration
needs.
Landscape assessments developed at
the scale of entire National Forests,
Ranger Districts, or BLM Districts have
the broad perspective that can improve
ability to estimate effects of
management activities on the function
of critical habitat and better identify and
prioritize treatment areas and the
actions that will restore landscapes
while conserving northern spotted owl
habitat. The Okanogan-Wenatchee
National Forest has developed a
landscape evaluation process as part of
their forest restoration strategy (USDA
2010, pp. 36–52) that can serve as an
example for other administrative units
when developing their own assessment
approaches. We suggest that the value of
such assessments in guiding vegetation
management within critical habitat can
be enhanced by spatially identifying
locations where restoration objectives
and northern spotted owl habitat
objectives converge, are in conflict, or
simply are not an issue (see, e.g., Davis
et al. 2012, entire). We suggest the
following approach for the East
Cascades:
1. Spatially identify and map:
a. Existing northern spotted owl
habitat and northern spotted owl
nesting sites.
b. Places on the landscape where
northern spotted owl habitat is expected
to be retained longer on the landscape
in the face of disturbance activities such
as fire and insect outbreaks.
c. Places on the landscape where key
ecosystem structures and processes are
at risk and would benefit from
restoration (e.g. legacy trees, unique
habitats).
2. Overlay what is known about
landscape patterns of vegetation and
disturbance processes with items from
step 1 above to determine:
a. Stands of high restoration value but
low value as existing northern spotted
owl habitat.
b. Stands of low restoration value but
high value as existing northern spotted
owl habitat.
c. Stands of low restoration value and
low value as existing northern spotted
owl habitat.
d. Stands of high restoration value
and high value as existing northern
spotted owl habitat.
In locations where there is high
restoration value and high value as
existing northern spotted owl habitat, a
landscape assessment can help to build
a strong rationale for impacting owl
habitat functionality to achieve broader
landscape goals. Conditions that may
support management activities in these
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stands may include, but are not limited
to the following:
1. The patch of habitat is located in
an area where it is likely unsustainable
and has the potential for conveying
natural disturbances across the
landscape in ways that jeopardize large
patches of suitable northern spotted owl
habitat.
2. There are nearby areas that are
more likely to sustain suitable northern
spotted owl habitat and are either
currently habitat or will likely develop
suitable conditions within the next 30
years.
3. The patch of habitat does not
appear to be associated with a northern
spotted owl home range or to promote
successful dispersal between existing
home ranges.
4. The area will still retain some
habitat function after treatment, while
still meeting the intended restoration
objective. For example, stands that are
suitable as foraging habitat may be
degraded post treatment but remain
foraging habitat after treatment. Or,
stands may be downgraded to dispersal
habitat as a result of treatment.
We do not expect the desired
landscape conditions will be achieved
within the next decade or two; a longer
time will be required as younger forests
develop into northern spotted owl
nesting, roosting, and foraging habitat.
In the interim, we recommend that land
managers consider management actions
to protect current habitat, especially
where it occurs in larger blocks on areas
of the landscape, where it is more likely
to be resistant or resilient to fires and
other disturbance agents. We also
encourage land managers to consider
actions to accelerate the restoration of
habitat, especially where it is consistent
with overall forest restoration and
occurs in those portions of the
landscape that are less fire prone or are
resilient in the face of these
disturbances. The careful application of
these types of activities is expected to
achieve a landscape that is more
resilient to future disturbances. As such,
we anticipate that projects designed to
achieve this goal will need to be of a
larger spatial scale as to have a
meaningful effect on wildfire behavior,
regimes, and extent. The effects of these
projects will vary depending on existing
condition, prescriptions, proximity of
habitat, and other factors. It is likely that
such projects may affect northern
spotted owl critical habitat and require
section 7 consultation.
Some situations also exist in the final
critical habitat area where northern
spotted owl habitat has been created
through fire suppression activities (e.g.,
meadow conversion, white fir
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intrusion), but retention of those
forested habitat elements is contrary to
the overall goals of ecosystem
restoration and long-term security for
the owl. Restoration projects that
modify these elements, while sometimes
prudent and recommended (Franklin et
al. 2008, p. 46), may adversely affect
northern spotted owls or their critical
habitat, and may need to be evaluated
through the section 7 consultation
process. Additional information about
restoration activities in dry forests can
be found in the Revised Recovery Plan
for the Northern Spotted Owl under
Restoring Dry Forest Ecosystems
(USFWS 2011, p. III–32).
Redwood Coast
While the Redwood Coast region of
coastal northern California is similar to
the West Cascades/Coast region in many
respects, there are some distinct
differences in northern spotted owl
habitat use and diet within this zone.
The long growing season, combined
with the redwood’s ability to resprout
from stumps, allows redwood stands to
attain suitable stand structure for
nesting in a relatively short period of
time (40 to 60 years) if legacy structures
are present. In contrast to the large,
contiguous, older stands desired in
other wet provinces, some degree of
fine-scale fragmentation in redwood
forests appears to benefit northern
spotted owls. These openings provide
habitat for the northern spotted owl’s
primary prey, the dusky-footed woodrat.
High woodrat abundance is associated
with dense shrub and hardwood cover
that persists for up to 20 years in recent
forest openings created by harvesting or
burns. Under dense shrub and
hardwood cover, woodrats can forage,
build nests, and reproduce, relatively
secure from owl predation. These sites
quickly become overpopulated, and
surplus individuals are displaced into
adjacent older stands where they
become available as owl prey. When
developing stands reach an age of
around 20 years, understory vegetation
is increasingly shaded-out, cover and
food sources become scarce, and
woodrat abundance declines rapidly. By
this time, the stand that once supported
a dense woodrat population makes a
structural transition into a stand where
woodrats are subject to intense owl
predation. In northern spotted owl
territories within the Redwood Forest
zone, active management that creates
small openings within foraging habitat
can enhance northern spotted owl
foraging opportunities and produce or
retain habitat suitability in the short
term. Actions consistent with this type
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of land management are not expected to
adversely modify critical habitat.
Summary of Section 7 Process
This discussion has covered projects
that may or may not require formal
section 7 consultation. It is important to
distinguish between a finding that a
project is likely to adversely affect
critical habitat and a finding at the
conclusion of formal consultation that a
project is likely to destroy or adversely
modify critical habitat; these are two
very different outcomes. It is not
uncommon for a proposed project to be
considered likely to adversely affect
critical habitat, and thus require formal
consultation, but still warrant a
conclusion that it will not destroy or
adversely modify critical habitat. An
action may destroy or adversely modify
critical habitat if it adversely affects the
essential physical or biological features
to an extent that the intended
conservation function or purpose of
critical habitat for the northern spotted
owl is appreciably reduced.
The adverse modification
determination is made at the scale of the
entire designated critical habitat, unless
the final critical habitat rule identifies
another basis for that determination,
such as at the scale of discrete units
and/or groups of units necessary for
different life cycle phases, units
representing distinctive habitat
characteristics or gene pools, or units
fulfilling essential geographical
distribution requirements of the species
(USFWS and NMFS 1998, p. 4–39). In
the case of northern spotted owl critical
habitat, the adverse modification
determination will be made at the scale
of the entire designated critical habitat.
However, by describing the relationship
between the conservation role of
affected subunits, units, and the entire
designated critical habitat in the
biological opinion, a sensitive analytical
framework is established for informing
the determination of whether a
proposed action is likely to appreciably
reduce the conservation role of the
critical habitat overall. In this way, a
proposed action that compromises the
capability of a subunit or unit to fulfill
its intended conservation function or
purpose (e.g., demographic, genetic, or
distributional support for northern
spotted owl recovery) could represent
an appreciable reduction in the
conservation value of the entire
designated critical habitat. This
approach should avoid false no-adversemodification determinations, when the
functionality of a unit or subunit would
actually be impaired by a proposed
action.
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As described above, in general, we do
not anticipate that activities consistent
with the stated management goals or
recommended recovery actions of the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, Chapters II
and III) would constitute adverse
modification of critical habitat, even if
those activities may have adverse effects
in the short term, if the intended result
over the long term is an improvement in
the function of the habitat to provide for
the essential life-history needs of the
northern spotted owl. However, such
activities will be evaluated under
section 7, taking into account the
specific proposed action, location, and
other site-specific factors.
X. Exemptions
srobinson on DSK4SPTVN1PROD with
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of
1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that
includes land and water suitable for the
conservation and management of
natural resources to complete an
integrated natural resources
management plan (INRMP) by
November 17, 2001. An INRMP
integrates implementation of the
military mission of the installation with
stewardship of the natural resources
found on the base. Each INRMP
includes:
(1) An assessment of the ecological
needs on the installation, including the
need to provide for the conservation of
listed species;
(2) A statement of goals and priorities;
(3) A detailed description of
management actions to be implemented
to provide for these ecological needs;
and
(4) A monitoring and adaptive
management plan.
Among other things, each INRMP
must, to the extent appropriate and
applicable, provide for fish and wildlife
management; fish and wildlife habitat
enhancement or modification; wetland
protection, enhancement, and
restoration where necessary to support
fish and wildlife; and enforcement of
applicable natural resource laws.
The National Defense Authorization
Act for Fiscal Year 2004 (Pub. L. 108–
136) amended the Act to limit areas
eligible for designation as critical
habitat. Specifically, section 4(a)(3)(B)(i)
of the Act (16 U.S.C. 1533(a)(3)(B)(i))
now provides: ‘‘The Secretary shall not
designate as critical habitat any lands or
other geographical areas owned or
controlled by the Department of
Defense, or designated for its use, that
are subject to an integrated natural
resources management plan prepared
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under section 101 of the Sikes Act (16
U.S.C. 670a), if the Secretary
determines, in writing, that such plan
provides a benefit to the species for
which critical habitat is proposed for
designation.’’
We consult with the military on the
development and implementation of
INRMPs for installations with listed
species. We analyzed INRMPs
developed by military installations
located within the range of the
designated critical habitat designation
for the northern spotted owl to
determine if they are exempt under
section 4(a)(3) of the Act. The following
areas are Department of Defense lands
with completed, Service-approved
INRMPs that fell within the area we
proposed as revised critical habitat (77
FR 14062; March 8, 2012).
Approved INRMPs
U.S. Army Joint Base Lewis-McChord
Joint Base Lewis-McChord (JBLM),
formerly known as Fort Lewis, is an
86,500-ac (35,000-ha) U.S. Army
military reservation in western
Washington, south of Tacoma and the
Puget Sound. JBLM contains one of the
largest remaining intact forest areas in
the Puget Sound basin, with
approximately 54,400 ac (22,000 ha) of
forests and woodlands, predominantly
of the dry Douglas-fir forest type and
including some moist forest types
(Douglas-fir, red cedar, hemlock). The
forested area of JBLM is managed by the
Base’s Forestry Program, and the
primary mission for the JBLM Forest is
to provide a variety of forested
environments for military training.
JBLM has a history of applying an
ecosystem management strategy to their
forests to provide for multiple
conservation goals, which have
included promoting native biological
diversity, maintaining and restoring
unique plant communities, and
developing late-successional (older)
forest structure. There are 14,997 ac
(6,069 ha) of lands within the boundary
of JBLM that were identified in the
proposed critical habitat designation;
these lands comprised subunit NCO–3
in the proposed rule (77 FR 14062;
March 8, 2012).
JBLM has an INRMP in place that was
approved in 2008; JBLM is in the
process of updating that INRMP. To
date, JBLM has managed their forest
lands according to their Forest
Management Strategy, first prepared for
then-Fort Lewis in 1995 by the Public
Forestry Foundation based in Eugene,
Oregon, in collaboration with The
Nature Conservancy. The Forest
Management Strategy was last revised in
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May 2005, and is also in the process of
being updated (Forest Management
Strategy 2005, entire). However, in
2012, JBLM amended their existing
INRMP with specific regard to the
northern spotted owl by completing an
Endangered Species Management Plan
(ESMP) that includes guidelines for
protecting, maintaining, and enhancing
habitat essential to support the northern
spotted owl on JBLM. The Service has
found, in writing, that the amended
INRMP provides a net conservation
benefit to the species.
The ESMP identifies management
objectives for the conservation of the
northern spotted owl. Specifically, the
ESMP includes three focus areas for
management of northern spotted owl.
The long-term objective for the first is
development of all four types of owl
habitat (nesting, roosting, foraging, and
dispersal). The long-term objectives for
Focus Areas 2 and 3 are development of
owl foraging and dispersal habitat. The
primary conservation goals for northern
spotted owl habitat on JBLM are to
protect and maintain existing northern
spotted owl suitable habitat; manipulate
unsuitable habitat to suitable habitat;
and ensure long-term suitable habitat
and monitor northern spotted owl
habitat to assure that goals are met and
actions are successful. Although
northern spotted owls are not currently
known to occupy JBLM, it is the only
significant Federal ownership in this
region of Washington, and it provides
the largest contiguous block of forest in
this area as well. The potential
development of suitable owl habitat at
JBLM provides one of the only feasible
opportunities for establishing
connectivity between owl populations
in the Olympic Peninsula and the
western Cascades Range. Connectivity
allows gene flow between populations,
and further maintains northern spotted
owl distribution and metapopulation
dynamics, which are important
components of the recovery strategy for
the northern spotted owl (USFWS 2011,
p. III–1, III–44). The Forest Management
Strategy (2005, p. 82) notes that the
mosaic of dry forest, woodland, and
prairie at JBLM is very different from
typical forest landscapes that support
northern spotted owls, and that while
suitable habitat for dispersal of northern
spotted owls can be achieved in the
short term, at least 40 to 50 years may
be needed to meet the desired condition
for foraging, nesting, and roosting
habitat.
Based on the above considerations
and in accordance with section
4(a)(3)(B)(i) of the Act, we have
determined that the identified lands are
subject to the JBLM INRMP and that
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conservation efforts identified in the
INRMP through its ESMP for the
northern spotted owl will provide a
benefit to the species occurring in
habitats within or adjacent to JBLM,
including the northern spotted owl.
Therefore, lands within this installation
are exempt from critical habitat
designation under section 4(a)(3) of the
Act. We are not including
approximately 14,997 ac (6,069 ha) of
habitat in this final critical habitat
designation as a result of this
exemption.
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XI. Exclusions
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that
the Secretary must designate or make
revisions to critical habitat on the basis
of the best available scientific data after
taking into consideration the economic
impact, national security impact, and
any other relevant impacts of specifying
any particular area as critical habitat.
The Secretary may exclude an area from
critical habitat if he determines that the
benefits of such exclusion outweigh the
benefits of specifying such area as part
of the critical habitat, unless he
determines, based on the best scientific
data available, that the failure to
designate such area as critical habitat
will result in the extinction of the
species. In making that determination,
the statute on its face, as well as the
legislative history, are clear that the
Secretary has broad discretion regarding
which factor(s) to use and how much
weight to give to any factor.
When considering the benefits of
inclusion for an area, we consider the
additional regulatory benefits that area
would receive from the protection from
adverse modification or destruction as a
result of actions with a Federal nexus;
the educational benefits of mapping
essential habitat for recovery of the
listed species; and any benefits that may
result from a designation due to State or
Federal laws that may apply to critical
habitat.
When considering the benefits of
exclusion, we consider, among other
things, whether exclusion of a specific
area is likely to result in the overall
conservation of the northern spotted
owl through the continuation,
strengthening, or encouragement of
partnerships and the implementation of
management plans or programs that
provide equal or more conservation for
the northern spotted owl than could be
achieved through a designation of
critical habitat. The Secretary can
consider the existence of conservation
agreements and other land management
plans with Federal, State, private, and
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tribal entities when making decisions
under section 4(b)(2) of the Act. The
Secretary may also consider
relationships with landowners,
voluntary partnerships, and
conservation plans, and weigh the
implementation and effectiveness of
these against that of designation to
determine which provides the greatest
conservation value to the listed species.
Consideration of relevant impacts of
designation or exclusion under section
4(b)(2) may include, but is not limited
to, any of the following factors: (1)
Whether the plan provides specific
information on how it protects the
species and the physical or biological
features, and whether the plan is at a
geographical scope commensurate with
the species; (2) whether the plan is
complete and will be effective at
conserving and protecting the physical
or biological features; (3) whether a
reasonable expectation exists that
conservation management strategies and
actions will be implemented, that those
responsible for implementing the plan
are capable of achieving the objectives,
that an implementation schedule exists,
and that adequate funding exists; (4)
whether the plan provides assurances
that the conservation strategies and
measures will be effective (i.e.,
identifies biological goals, has
provisions for reporting progress, and is
of a duration sufficient to implement the
plan); (5) whether the plan has a
monitoring program or adaptive
management to ensure that the
conservation measures are effective; (6)
the degree to which the record supports
a conclusion that a critical habitat
designation would impair the benefits of
the plan; (7) the extent of public
participation; (8) a demonstrated track
record of implementation success; (9)
the level of public benefits derived from
encouraging collaborative efforts and
encouraging private and local
conservation efforts; and (10) the effect
designation would have on
partnerships.
After evaluating the benefits of
inclusion and the benefits of exclusion,
we carefully weigh the two sides to
determine whether the benefits of
excluding a particular area outweigh the
benefits of its inclusion in critical
habitat. If we determine that the benefits
of excluding a particular area outweigh
the benefits of its inclusion, then the
Secretary can exercise his discretion to
exclude the area, provided that the
exclusion will not result in the
extinction of the species.
Under section 4(b)(2) of the Act, we
must consider all relevant impacts of
the designation of critical habitat,
including economic impacts. In
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addition to economic impacts
(discussed in the Economics Analysis
section, below), we considered a
number of factors in a section 4(b)(2)
analysis. We considered whether
Federal or private landowners or other
public agencies have developed
management plans, habitat conservation
plans (HCPs) or Safe Harbor Agreements
(SHAs) for the area or whether there are
conservation partnerships or other
conservation benefits that would be
encouraged or discouraged by
designation of, or exclusion from,
critical habitat in an area. We also
considered other relevant impacts that
might occur because of the designation.
To ensure that our final determination
is based on the best available
information, we also considered
comments received on foreseeable
economic, national security, or other
potential impacts resulting from this
designation of critical habitat from
governmental, business, or private
interests and, in particular, any
potential impacts on small businesses.
Based on the information provided by
entities seeking exclusion, as well as
any additional public comments
received, we evaluated whether certain
lands in the proposed revised critical
habitat were appropriate for exclusion
from this final designation pursuant to
section 4(b)(2) of the Act. Based on our
evaluation, we are excluding
approximately 3,879,506 ac (1,567,875
ha) of lands that meet the definition of
critical habitat under section 4(b)(2) of
the Act from final critical habitat.
Final Economic Analysis
Under section 4(b)(2) of the Act, we
consider the economic impacts of
specifying any particular area as critical
habitat. In order to consider economic
impacts, we prepared a draft economic
analysis (DEA) of the proposed critical
habitat designation and related factors
(IEC 2012a). The draft analysis was
made available for public review from
June 1, 2012, through July 6, 2012 (77
FR 32483). Following the close of the
comment period, we developed a final
economic analysis (FEA) (IEC 2012b) of
the potential economic effects of the
designation taking into consideration
the public comments and any new
information.
The intent of the FEA is to quantify
economic impacts that may be directly
attributable to the designation of critical
habitat—that is, costs above and beyond
what are considered ‘‘baseline’’ costs, as
described below. The economic impact
of the final critical habitat designation is
analyzed by comparing scenarios both
‘‘with critical habitat’’ and ‘‘without
critical habitat.’’ The ‘‘without critical
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habitat’’ scenario represents the baseline
for the analysis, and considers the costs
incurred as a result of protections
already in place for the species (e.g.,
under the Federal listing and other
Federal, State, and local regulations);
these are costs that are incurred
regardless of whether critical habitat is
designated. The ‘‘with critical habitat’’
scenario describes the ‘‘incremental’’
economic impacts associated
specifically with the designation of
critical habitat for the species—these
costs are those not expected to occur but
for the designation of critical habitat for
the species. In other words, the
incremental costs are those attributable
solely to the designation of critical
habitat above and beyond the baseline
costs; these are the costs we consider in
the final designation of critical habitat.
The FEA also addresses how potential
economic impacts are likely to be
distributed, including an assessment of
any local or regional impacts of habitat
conservation and the potential effects of
conservation activities on government
agencies, private businesses, and
individuals. Decisionmakers can use
this information to assess whether the
effects of the designation might unduly
burden a particular group or economic
sector. Finally, the FEA considers those
costs that may occur in the 20 years
following the revised designation of
critical habitat, which was determined
to be the appropriate period for analysis
because limited planning information
was available for most activities to
forecast activity levels for projects
beyond a 20-year timeframe. The FEA
quantifies economic impacts of northern
spotted owl conservation efforts
associated with timber harvests, wildfire
management, barred owl management,
road construction, and linear projects
(road and bridge construction and
maintenance, installation of power
transmission lines and utility pipelines),
as these are the types of activities we
determined were most likely to occur
within northern spotted owl habitat.
The results of the FEA concludes that
only a portion of the overall proposed
revised designation will result in more
than incremental, minor administrative
costs. Specifically, of the 13,962,449 ac
proposed for designation, potential
incremental changes in timber harvest
practices were anticipated on only
1,449,534 ac (585,612 ha) of USFS and
BLM lands, or approximately 10 percent
of the proposed designation. In
addition, there was potential for the
owners of 307,308 ac (123,364 ha) of
private land to experience incremental
changes in harvests (approximately 2
percent of the proposed designation).
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No incremental changes in harvests are
expected on State lands.
In addition, to address the uncertainty
in the types of management and
activities that may or may not occur
within the proposed critical habitat, the
FEA evaluated three scenarios to
capture the full range of potential
economic impacts of the designation.
The first scenario contemplates that
minimal or no changes to current timber
management practices will occur, thus
the incremental costs of the designation
would be predominantly administrative.
The potential additional administrative
costs due to critical habitat designation
on Federal lands range from $185,000 to
$316,000 on an annualized basis for
timber harvest.
The second scenario posits that action
agencies may choose to implement
management practices that yield an
increase in timber harvest relative to the
baseline (current realized levels of
timber harvest). For this scenario,
baseline harvest projections were scaled
upward by 10 percent, resulting in a
positive impact on Federal lands
ranging from $893,000 to $2,870,000 on
an annualized basis for timber harvest.
The third scenario considers that
actions agencies may choose to be more
restrictive in response to critical habitat
designation, resulting in a decline in
harvest volumes relative to the baseline.
To illustrate the potential for this effect,
baseline harvest projections were scaled
downward by 20 percent, resulting in a
negative impact on timber harvest on
Federal lands ranging from $2,650,000
to $6,480,000 on an annualized basis.
The USFS and BLM suggested certain
alterations to the baseline timber harvest
projections, based on differing
assumptions regarding northern spotted
owl occupancy in matrix lands and
projected levels of timber harvest
relative to historical yields. The FEA
presents the results of a sensitivity
analysis considering these alternative
assumptions, which widen the range of
annualized potential impacts to Federal
timber harvest relative to the scenarios
described above (IEC 2012b, pp. 4–37 to
4–39). This sensitivity analysis
contemplated a situation in which 26.6
percent of northern spotted owl habitat
on BLM matrix lands is unoccupied,
and a 20 percent increase in baseline
timber harvest in USFS Region 6
relative to historical yields. The range of
incremental impacts under these
alternative assumptions widens to a
potential annualized increase of $0.7
million under Scenario 2, and an
annualized decrease of $1.4 million
under Scenario 3, relative to the results
reported above.
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Timber harvest was not anticipated to
change on State lands in response to
critical habitat designation. Timber
harvest effects on private lands were
highly uncertain, and were only
identified qualitatively as potential
negative impacts associated with
regulatory uncertainty, and possibly
(but speculative) new regulation in the
State of Washington.
Under all three scenarios, linear
projects reflected administrative costs
only, ranging from $10,800 to $19,500
on an annualized basis.
Counties receive Federal lands
payments from a subset of four
programs: The U.S. Forest Service 25%
Fund; the BLM O&C lands payments;
Payment in Lieu of Taxes (PILT); and
Secure Rural Schools and Community
Self-determination Act (SRS) (please see
FEA pp. 3–19 to 3–21 for a thorough
discussion of these programs). Counties
have the option of receiving either SRS
of 25%/O&C payments, but not both.
For reasons unrelated to proposed
critical habitat, the future of the PILT
and SRS programs is uncertain and
depends on forces, including
Congressional action, unrelated to
critical habitat designation. If funding is
not appropriated to PILT, or SRS is not
reauthorized, payments from the USFS
25% Fund and the BLM O&C lands
become relatively more important.
Payments for these latter two programs
are based on commercial receipts, main
from timber generated on Federal lands;
payments from PILT and SRS are not as
closely linked to fluctuations in timber
sales. In recent years, most counties
have opted to receive SRS payments; for
example, in FY 2009 all 18 counties in
Oregon that contain BLM lands opted to
receive SRS payments instead of the
LBM O&C lands revenue-sharing
payment. Therefore, it is difficult to
quantify the effects that future changes
in timber harvests from Federal lands
resulting from critical habitat
designation would have on counties if
SRS and PILT payment programs ended
and the counties were forced to rely on
revenue-sharing payments only. Given
the baseline uncertainty associated with
the continuance of SRS and PILT
payments, we were unable to quantify
possible changes in county revenue
payments that could result from the
critical habitat designation. However,
based on recent socioeconomic trends,
we were able to identify those counties
that may be more sensitive to future
changes in timber harvests, industry
employment, and Federal land
payments. Potential timber harvest
changes related to critical habitat
designation, whether positive, negative,
or neutral, are one potential aspect of
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this sensitivity. The counties identified
as relatively more sensitive to future
changes in timber harvests,
employment, and payments were Del
Norte and Trinity Counties, California;
Douglas and Klamath Counties, Oregon;
and Skamania County, Washington.
With regard to jobs, increases or
decreases in timber harvests from
Federal or private lands could result in
positive or negative changes in jobs,
respectively. The FEA notes that many
factors affect timber industry
employment (Chapter 6). The scope of
our analysis was limited to the
incremental effects of critical habitat
within the area proposed for designation
by the northern spotted owl. The FEA
did not consider potential changes in
timber activities outside the proposed
critical habitat designation, and did not
evaluate the potential effects related to
the timber industry as a whole.
Based on our economic analysis of the
potential effects of the proposed revised
designation of critical habitat for the
northern spotted owl, there is a range of
potential outcomes, ranging from
positive to negative impacts of the
designation. Most potential economic
impacts would occur, if at all, on
Federal matrix lands managed by BLM
and the Forest Service, although we
note that the amount of Federal matrix
lands has been reduced from the
proposed rule, as described in Changes
from the Proposed Rule, which would
have the effect of reducing the range of
potential economic impacts presented
by the FEA. While there is uncertainty
over whether such impacts will occur
and to what extent, even assuming
higher economic impacts suggested by
some commenters, we would not
exclude these lands from designation
under section 4(b)(2) because a critical
habitat designation on these lands will
have benefits in conserving this
essential habitat. In addition, our
evaluation of these matrix lands clearly
demonstrates their importance to the
conservation of the northern spotted
owl; as also discussed in the section
Changes from the Proposed Rule, our
evaluation of a habitat network with
reduced areas of high value habitat on
matrix lands indicated a significant
increase in extinction risk to the species
as a result.
A copy of the FEA with supporting
documents may be obtained by
contacting the Oregon Fish and Wildlife
Office (see ADDRESSES) or by
downloading from the Internet at
https://www.regulations.gov.
National Security Impacts
Under section 4(b)(2) of the Act, we
consider whether there are lands owned
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or managed by the Department of
Defense (DOD) where a national security
impact might exist. In preparing this
final rule, we have determined that the
only lands within the proposed revised
designation of critical habitat for the
northern spotted owl that are owned or
managed by the Department of Defense
have an active INRMP which provides
a benefit to the species, and are thus
exempt from critical habitat designation
under section 4(a)(3) of the Act (see
Exemptions, above). We therefore
anticipate no impact on national
security from this designation.
Consequently, the Secretary is not
exercising his discretion to exclude any
additional areas from this final revised
designation based on impacts to
national security.
Relevant Impacts
Under section 4(b)(2) of the Act, we
consider all relevant impacts, including
but not limited to economic impacts and
impacts on national security. We
consider a number of factors including
whether the landowners have developed
any HCPs or other management plans
for the area, or whether there are
conservation partnerships that would be
encouraged by designation of, or
exclusion from, critical habitat. In
addition, we look at any tribal issues,
and consider the government-togovernment relationship of the United
States with tribal entities. We also
consider any social impacts that might
occur because of the designation.
Here we provide our analysis of areas
that were proposed as revised
designation of critical habitat for the
northern spotted owl, for which there
may be a greater conservation benefit to
exclude rather than include in the
designation. Our weighing of the
benefits of inclusion versus exclusion
considered all relevant factors in order
to make our final determination as to
what will result in the greatest
conservation benefit to the owl.
Depending on the specifics of each
situation, there may be cases where the
designation of critical habitat will not
necessarily provide enhanced
protection, and may actually lead to a
net loss of conservation benefit.
Benefits of Designating Critical Habitat
The process of designating critical
habitat as described in the Act requires
that the Service identify those lands
within the geographical area occupied
by the species at the time of listing on
which are found the physical or
biological features essential to the
conservation of the species that may
require special management
considerations or protection, and those
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areas outside the geographical area
occupied by the species at the time of
listing that are essential for the
conservation of the species.
The identification of areas that
contain the features essential to the
conservation of the species, or are
otherwise essential for the conservation
of the species if outside the geographical
area occupied by the species at the time
of listing, is a benefit resulting from the
designation. The critical habitat
designation process includes peer
review and public comment on the
identified physical or biological features
and areas, and provides a mechanism to
educate landowners, State and local
governments, and the public regarding
the potential conservation value of an
area. This helps focus and promote
conservation efforts by other parties by
clearly delineating areas of high
conservation value for the species, and
is valuable to land owners and managers
in developing conservation management
plans by describing the essential
physical or biological features and
special management actions or
protections that are needed for
identified areas. Including lands in
critical habitat also informs State
agencies and local governments about
areas that could be conserved under
State laws or local ordinances.
However, the prohibition on
destruction or adverse modification
under section 7(a)(2) of the Act
constitutes the only Federal regulatory
benefit of critical habitat designation. As
discussed above, Federal agencies must
consult with the Service on actions that
may affect critical habitat and must
avoid destroying or adversely modifying
critical habitat. Federal agencies must
also consult with us on actions that may
affect a listed species and refrain from
undertaking actions that are likely to
jeopardize the continued existence of
such species. The analysis of effects to
critical habitat is a separate and
different analysis from that of the effects
to the species. Therefore, the difference
in outcomes of these two analyses also
represents the regulatory benefit of
critical habitat. For some species, and in
some locations, the outcome of these
analyses will be similar because effects
on habitat will often result in effects on
the species. However, these two
regulatory standards are different. The
jeopardy analysis evaluates how a
proposed action is likely to influence
the likelihood of a species’ survival and
recovery. The adverse modification
analysis evaluates how an action affects
the capability of the critical habitat to
serve its intended conservation function
or purpose (USFWS, in litt. 2004).
Although these standards are different,
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it has been the Service’s experience that
in many instances proposed actions that
affect both a listed species and its
critical habitat and that constitute
jeopardy also constitute adverse
modification. In some cases, however,
application of these different standards
results in different section 7(a)(2)
determinations, especially in situations
where the affected area is mostly or
exclusively unoccupied critical habitat.
Thus, critical habitat designations may
provide greater benefits to the recovery
of a species than would listing as
endangered or threatened under the Act
alone.
There are two limitations to the
regulatory effect of critical habitat. First,
a section 7(a)(2) consultation is required
only where there is a Federal nexus (an
action authorized, funded, or carried out
by any Federal agency)—if there is no
Federal nexus, the critical habitat
designation of non-Federal lands itself
does not restrict any actions that destroy
or adversely modify critical habitat.
Aside from the requirement that Federal
agencies ensure that their actions are
not likely to result in destruction or
adverse modification of critical habitat
under section 7, the Act does not
provide any additional regulatory
protection to lands designated as critical
habitat.
Second, designating critical habitat
does not create a management plan for
the areas; does not establish numerical
population goals or prescribe specific
management actions (inside or outside
of critical habitat); and does not have a
direct effect on areas not designated as
critical habitat. The designation only
limits destruction or adverse
modification of critical habitat, not all
adverse effects. By its nature, the
prohibition on adverse modification
ensures that the conservation role and
function of the critical habitat network
is not appreciably reduced as a result of
a Federal action.
Once an agency determines that
consultation under section 7(a)(2) of the
Act is necessary, the process may
conclude informally when the Service
concurs in writing that the proposed
Federal action is not likely to adversely
affect the species or critical habitat.
However, if we determine through
informal consultation that adverse
impacts are likely to occur, then formal
consultation is initiated. Formal
consultation concludes with a biological
opinion issued by the Service on
whether the proposed Federal action is
likely to jeopardize the continued
existence of listed species or result in
destruction or adverse modification of
critical habitat.
For critical habitat, a biological
opinion that concludes in a
determination of no destruction or
adverse modification may recommend
additional conservation measures to
minimize adverse effects to primary
constituent elements, but such measures
would be discretionary on the part of
the Federal agency.
The designation of critical habitat
does not require that any management
or recovery actions take place on the
lands included in the designation. Even
in cases where consultation has been
initiated under section 7(a)(2) of the Act
because of effects to critical habitat, the
end result of consultation is to avoid
adverse modification, but not
necessarily to manage critical habitat or
institute recovery actions on critical
habitat. On the other hand, voluntary
conservation efforts by landowners can
remove or reduce known threats to a
species or its habitat by implementing
recovery actions. We find that in many
instances the regulatory benefit of
critical habitat is minimal when
compared to the conservation benefit
that can be achieved through
implementing HCPs under section 10 of
the Act, or other voluntary conservation
efforts or management plans. The
conservation achieved through
implementing HCPs, or other habitat
management plans can be greater than
what we achieve through multiple siteby-site, project-by-project section 7(a)(2)
consultations involving project effects to
critical habitat. Management plans can
commit resources to implement longterm management and protection to
particular habitat for at least one and
possibly other listed or sensitive
species. Section 7(a)(2) consultations
commit Federal agencies to preventing
adverse modification of critical habitat
caused by the particular project;
consultation does not require Federal
agencies to provide for conservation or
long-term benefits to areas not affected
by the proposed project. Thus,
implementation of any HCP, or
management plan that incorporates
enhancement or recovery as the
management standard may often
provide as much or more benefit than a
consultation for critical habitat
designation. After reviewing all current
HCPs, SHAs, and any other active
management plans or conservation
agreements, and weighing the benefits
of inclusion and exclusion (see below),
we are excluding all State and private
lands covered by such agreements from
the final critical habitat designation.
We are also excluding under section
4(b)(2) congressionally-reserved natural
areas such as national parks and
wilderness areas, State parks, and other
private lands that had been proposed for
designation, for the reasons discussed
below. These analyses are based in large
part on the particular conservation
requirements of the northern spotted
owl or the State laws aimed at
protecting this species, and are specific
to this designation. Thus, our
determination that the benefits of
exclusion outweigh the benefits of
inclusion in these cases, as well as the
decision to exclude in these instances,
do not necessarily have a bearing on any
future critical habitat designations.
Table 8 identifies all lands excluded
from the final rule.
TABLE 8—LANDS EXCLUDED FROM THE FINAL REVISED DESIGNATION OF CRITICAL HABITAT FOR THE NORTHERN
SPOTTED OWL UNDER SECTION 4(B)(2) OF THE ACT
Critical habitat unit
State
Safe Harbor Agreement .....
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WCC ............
WA
WCC/ECN ....
RWC ............
RWC ............
WCC ............
WCC ............
WA
CA
CA
WA
WA
WCC/ECN ....
WA
Habitat Conservation Plan ..
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Land owner/agency
Acres
Port Blakely Tree Farms, L.P., Safe Harbor Agreement, Landowner Option Plan, Cooperative Habitat
Enhancement.
SDS Co. & Broughton Lumber Co. Conservation Plan
Forster-Gill, Inc ..............................................................
Van Eck Forest Foundation, Safe Harbor Agreement ..
Cedar River Watershed Habitat Conservation Plan .....
Green River Water Supply Operations and Watershed
Protection Habitat Conservation Plan.
Plum Creek Timber Central Cascades I–90 Habitat
Conservation Plan.
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79
2,035
238
2,774
3,244
3,162
824
96
1,122
1,313
1,280
33,144
13,413
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71949
TABLE 8—LANDS EXCLUDED FROM THE FINAL REVISED DESIGNATION OF CRITICAL HABITAT FOR THE NORTHERN
SPOTTED OWL UNDER SECTION 4(B)(2) OF THE ACT—Continued
Critical habitat unit
State
WCC ............
RWC ............
WA
CA
RWC ............
CA
RWC ............
ICC ...............
......................
CA
CA ....
WA
ECN .............
WA
RWC ............
CA
Type of agreement
Other Conservation Measures or Partnerships.
National Parks, State
Parks, and Congressionally Reserved Lands.
Land owner/agency
Acres
West Fork Timber Habitat Conservation Plan ..............
Green Diamond Resource Company Habitat Conservation Plan.
Humboldt Redwood Company, Habitat Conservation
Plan.
Regli Estate Habitat Conservation Plan ........................
Terra Springs Habitat Conservation Plan .....................
Washington Department of Natural Resources State
Lands HCP.
Scofield Corporation ......................................................
5,105
369,384
2,066
149,484
208,172
84,244
484
39
225,751
196
16
91,358
40
16
Mendocino Redwood Company ....................................
National Parks ...............................................................
232,584
998,585
94,123
404,113
180,894
1,625,068
42,513
123,348
73,267
657,644
17,204
49,917
4,056,759
1,641,777
Other Private Lands ...........
......................
......................
WA
CA
State Parks and Natural Areas .....................................
Congressionally Reserved USFS and BLM Lands .......
........................................................................................
........................................................................................
Total lands excluded
under section 4(b)(2)
of the Act.
......................
...........
........................................................................................
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Benefits of Excluding Lands With Safe
Harbor Agreements
A Safe Harbor Agreement (SHA) is a
voluntary agreement involving private
or other non-Federal property owners
whose actions contribute to the recovery
of listed species. The agreement is
between cooperating non-Federal
property owners and the Service. In
exchange for actions that contribute to
the recovery of listed species on nonFederal lands, participating property
owners receive formal assurances from
the Service that, if they fulfill the
conditions of the SHA, the Service will
not require any additional or different
management activities by the
participants without their consent. In
addition, at the end of the agreement
period, participants may return the
enrolled property to the baseline
conditions that existed at the beginning
of the SHA.
Because many endangered and
threatened species occur exclusively, or
to a large extent, on privately owned
property, the involvement of the private
sector in the conservation and recovery
of species is crucial. Property owners
are often willing partners in efforts to
recover listed species. However, some
property owners may be reluctant to
undertake activities that support or
attract listed species on their properties,
due to fear of future property-use
restrictions related to the Act. To
address this concern, an SHA provides
that future property-use limitations will
not occur without the landowner’s
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consent if the landowner is in
compliance with the permit and
agreement and the activity is not likely
to result in jeopardy to the listed
species.
Central to this approach is that the
actions taken under the SHA must
provide a net conservation benefit that
contributes to the recovery of the
covered species. Examples of
conservation benefits include:
• Reduced habitat fragmentation;
• Maintenance, restoration, or
enhancement of existing habitats;
• Increases in habitat connectivity;
• Stabilized or increased numbers or
distribution;
• The creation of buffers for protected
areas; and
• Opportunities to test and develop
new habitat management techniques.
By entering into a SHA, property
owners receive assurances that land use
restrictions will not be required even if
the voluntary actions taken under the
agreement attract particular listed
species onto enrolled properties or
increase the numbers of distribution of
those listed species already present on
those properties. The assurances are
provided through an enhancement of
survival permit issued to the property
owner, under the authority of section
10(a)(1)(A) of the Act. To implement
this provision of the Act, the Service
and National Marine Fisheries Service
(NMFS) issued a joint policy for
developing SHAs for listed species on
June 17, 1999 (64 FR 32717). The
Service simultaneously issued
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regulations for implementing SHAs on
June 17, 1999 (64 FR 32706). A
correction to the final rule was
announced on September 30, 1999 (64
FR 52676). The enhancement of survival
permit issued in association with an
SHA authorizes incidental take of
species that may result from actions
undertaken by the landowner under the
SHA, which could include returning the
property to the baseline conditions at
the end of the agreement. The permit
also specifies that the Service will not
require any additional or different
management activities by participants
without their consent if the permittee is
in compliance with the requirements of
the permit and the SHA and the
permittee’s actions are not likely to
result in jeopardy.
The benefits of excluding lands with
approved SHAs from critical habitat
designation may include relieving
landowners, communities, and counties
of any additional regulatory burden that
might be imposed as a result of the
critical habitat designation. Even if any
additional regulatory burden would be
unlikely due to a lack of a Federal
nexus, the designation of critical habitat
could nonetheless have an unintended
negative effect on our relationship with
non-Federal landowners, due to the
perceived imposition of government
regulation. An additional benefit of
excluding lands covered by approved
SHAs from critical habitat designation is
that it may make it easier for us to seek
new partnerships with future SHA
participants, including States, counties,
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local jurisdictions, conservation
organizations, and private landowners,
in cases where potential partners may
be reluctant to encourage the
development of habitat that supports
endangered or threatened species. In
such cases, we may be able to
implement conservation actions that we
would be unable to accomplish
otherwise. By excluding these lands, we
may preserve our current partnerships
and encourage additional future
conservation actions.
In weighing the benefits of inclusion
versus the benefits of exclusion for
lands subject to approved SHAs, it is
important to note that a fundamental
requirement of an SHA is an advance
determination by the Service that the
provisions of the SHA will result in a
net conservation benefit to the listed
species. Approved SHAs have,
therefore, already been determined to
provide a net conservation benefit to the
listed species; in addition, the
management activities provided in an
SHA often provide conservation benefits
to unlisted sensitive species as well. As
described earlier, the designation of
critical habitat may not provide any
substantial realized conservation benefit
to the species on non-Federal lands
absent a Federal nexus for an activity.
Especially where further Federal action
is unlikely, the net conservation benefit
provided by the terms of the SHA itself,
considered in conjunction with the
benefit of excluding lands subject to an
SHA by preserving our working
relationships with landowners who
have entered into SHAs with the
Service, and the benefit of laying the
positive groundwork for possible future
agreements with other landowners, may
collectively outweigh the potentially
limited benefit that would be realized
on these lands from the designation of
critical habitat. However, as with all
potential exclusions under
consideration, lands subject to an SHA
will only be excluded if we determine
that the benefits of exclusion outweigh
the benefits of inclusion following a
rigorous examination of the record on a
case-by-case basis.
We note that permit issuance in
association with SHA applications
requires consultation under section
7(a)(2) of the Act, which would include
the review of the effects of all SHAcovered activities that might adversely
impact the species under a jeopardy
standard, including possibly significant
habitat modification (see definition of
‘‘harm’’ at 50 CFR 17.3), even without
the critical habitat designation. In
addition, all other Federal actions that
may affect the listed species would still
require consultation under section
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7(a)(2) of the Act, and we would review
these actions for possible significant
habitat modification in accordance with
the definition of harm, described in the
Benefits of Excluding Lands with
Habitat Conservation Plans, below.
We further note that SHAs may
include a provision that the landowner
may return the area to baseline
conditions upon expiration of the
permit. The term of the permit is thus
an important consideration in weighing
the relative benefits of inclusion versus
exclusion from the designation of
critical habitat. However, the Service
has the right to revise a critical habitat
designation at any time. Furthermore,
the potential benefit of acknowledging
the positive conservation contributions
of landowners willing to enter into
voluntary conservation agreements with
the Service for the recovery of
endangered or threatened species may
nonetheless outweigh the loss of benefit
that may be incurred through a possible
return to baseline following permit
expiration. As stated above, such
circumstances require careful
consideration on a case-by-case basis in
order to make a final determination of
the benefits of exclusion or inclusion in
a critical habitat designation.
Below is a description of each SHA
and our analysis of the benefits of
including and excluding it from the
critical habitat designation under
section 4(b)(2) of the Act.
State of California
Forster-Gill, Inc., Safe Harbor
Agreement
In this final designation, the Secretary
has exercised his authority to exclude
238 ac (96 ha) of lands from critical
habitat, under section 4(b)(2) of the Act,
that are covered by the Safe Harbor
Agreement (SHA) of Forster-Gill, Inc.,
within subunit 1 of the Redwood Coast
CHU in Humboldt County, California.
The enhancement of survival permit
associated with this SHA was noticed in
the Federal Register on March 22, 2002
(67 FR 13357), and issued June 18, 2002.
The term of the agreement is 80 years,
and the term of the permit is 90 years.
The SHA provides for the creation and
enhancement of habitat for the northern
spotted owl on 238 ac (96 ha) of lands
in Humboldt County, California, and
provides for continued timber harvest
on those lands. There are two baseline
conditions that will be maintained
under the SHA: (1) Protection of an
11.2-ac (5-ha) no-harvest area that will
buffer the most recent active northern
spotted owl nest site, but will also be
maintained in the absence of a nest site;
and (2) maintenance of 216 ac (87 ha)
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on the property such that the trees will
always average 12 to 24 in (30 to 60 cm)
dbh with a canopy cover of 60 to 100
percent. At the time of the agreement,
forest conditions were on the lower end
of the diameter and canopy cover
ranges. By the end of the agreement, the
property will be at the upper end of the
diameter and canopy cover ranges.
Under the SHA, Forster-Gill, Inc., agrees
to: (1) Annually, survey and monitor for
the location and reproductive status of
northern spotted owls on the property;
(2) protect all active nest sites (locations
where nesting behavior is observed
during any of the previous 3 years) with
a no-harvest area that buffers the nest
site by no less than 300 ft (90 m) and
limits timber harvest operations within
1,000 ft (305 m) of an active nest site
during the breeding season, allowing
only the use of existing haul roads; and
(3) manage the second-growth redwood
timber on the property in a manner that
maintains suitable northern spotted owl
habitat, while creating, over time, the
multilayered canopy structure with an
older, larger tree component associated
with high-quality northern spotted owl
habitat. The SHA is expected to provide,
maintain, and enhance for the 80-year
life of the agreement over 200 ac (80 ha)
of northern spotted owl habitat within
a matrix of private timberland. The
cumulative impact of the agreement and
the timber management activities it
covers, which are facilitated by the
allowable incidental take, is expected to
provide a net benefit to the northern
spotted owl.
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands that might trigger such
consultation is limited (there is little
likelihood of an action that will involve
Federal funding, authorization, or
implementation). In addition, since the
lands under the SHA in question are
occupied by the northern spotted owl, if
a Federal nexus were to occur, section
7 consultation would already be
triggered and the Federal agency would
consider the effects of its actions on the
species through a jeopardy analysis.
Because one of the primary threats to
the northern spotted owl is habitat loss
and degradation, the consultation
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process under section 7 of the Act for
projects with a Federal nexus will, in
evaluating effects to the northern
spotted owl, evaluate the effects of the
action on the conservation or
functionality of the habitat for the
species regardless of whether critical
habitat is designated for these lands.
The analytical requirements to support
a jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
included land. However, the additional
conservation that could be attained
through the supplemental adverse
modification analysis for critical habitat
under section 7 would likely not be
significant, and would be triggered only
in the event of a Federal action.
Furthermore, any such potential benefit
would be small in comparison to the
benefits derived from the SHA, which
already incorporates measures that
specifically benefit the northern spotted
owl and its habitat, as described above,
and remains in place regardless of the
designation of critical habitat.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Any information about the
northern spotted owl and its habitat that
reaches a wider audience, including
parties engaged in conservation
activities, is valuable. However, in this
case the landowners are aware of the
needs of the species through the
development of their SHA, in which
they have agreed to take measures to
protect the northern spotted owl on
their property and create and enhance
suitable habitat for the species as well.
Any additional educational and
information benefits that might arise
from critical habitat designation have
been largely accomplished through the
public review of and comment on the
SHA and the associated permit. The
release of the Revised Recovery Plan for
the Northern Spotted Owl in 2011 was
also preceded by outreach efforts and
public comment opportunities. In
addition, the rulemaking process
associated with critical habitat
designation included several
opportunities for public comment, and
we also held multiple public
information meetings across the range of
the species. Through these outreach
opportunities, land owners, State
agencies, and local governments have
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become aware of the current status of
and threats to the northern spotted owl,
and the conservation actions needed for
recovery.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, CALFIRE has
indicated to us that it is unlikely to
impose any new requirements on
project proponents if critical habitat is
designated in areas already subject to
California Forest Practice Rules.
Therefore, we believe this potential
benefit of critical will be limited.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 236 ac (96 ha)
of lands currently managed under the
SHA are substantial. We have created a
close partnership with Forster-Gill
through the development of the SHA,
which incorporates protections and
management objectives for the northern
spotted owl and the habitat upon which
it depends for breeding, sheltering, and
foraging activities, as described above.
The conservation approach identified in
the Forster-Gill, Inc. SHA, along with
our close coordination with the
company, addresses the identified
threats to northern spotted owl habitat
on the covered lands that contain the
physical or biological features essential
to the conservation of the species.
The conservation measures identified
within the SHA seek to achieve
conservation goals for northern spotted
owls and their habitat, and thus can be
of greater conservation benefit than the
designation of critical habitat, which
does not require specific, proactive
management actions. If there is a
Federal nexus, consultation under
critical habitat requires only that the
action agency avoid actions that destroy
or adversely modify critical habitat. In
contrast, SHA conservation measures
that provide a benefit to the northern
spotted owl and its habitat have been,
and will be, implemented continuously
beginning with the enactment of the
SHA in 2002 through the 80-year term
of the ITP, through 2082, on all covered
lands owned and managed by ForsterGill, Inc. The key conservation measure
is a provision that will lead to an
approximate doubling of mean tree
diameter from roughly 12 to 24 in (30
to 60 cm) on covered lands over the life
of the permit, leading to enhancement of
habitat suitability.
The designation of critical habitat
could have an unintended negative
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71951
effect on our relationship with nonFederal landowners due to the
perceived imposition of redundant
government regulation. If lands within
the Forster-Gill SHA are designated as
critical habitat, it would likely have a
chilling effect on our continued ability
to seek new partnerships with future
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement various
conservation actions (such as SHAs,
HCPs, and other conservation plans,
particularly large, regional Conservation
Plans that involve numerous
participants and/or address landscapelevel conservation of species and
habitats) that we would be unable to
accomplish otherwise.
Excluding the approximately 238 ac
(96 ha) owned and managed by ForsterGill, Inc. from critical habitat
designation will sustain and enhance
the working relationship between the
Service and this private lands partner.
The willingness of Forster-Gill to work
with the Service to manage federally
listed species will continue to reinforce
those conservation efforts and our
partnership, which contribute toward
achieving recovery of the northern
spotted owl. We consider this voluntary
partnership in conservation vital to our
understanding of the status of species
on non-Federal lands and necessary to
implement recovery actions such as
habitat protection and restoration, and
beneficial management actions for
species. By excluding these lands, we
preserve our current conservation
partnership with Forster-Gill and
encourage additional conservation
actions by this partner, and potentially
others as well, in the future. We
consider the positive effect of excluding
proven conservation partners from
critical habitat to be a significant benefit
of exclusion.
The Benefits of Exclusion Outweigh
the Benefits of Inclusion—We reviewed
and evaluated the exclusion of
approximately 238 ac (96 ha) of land
owned and managed by Forster-Gill,
Inc. from our designation of critical
habitat. The benefits of including these
lands in the designation are relatively
small. The habitat on the covered lands
is already being monitored and managed
under the SHA to improve the habitat
elements that are equivalent to the
physical or biological features that are
outlined in this critical habitat rule. The
additional designation of critical habitat
would provide unnecessarily
duplicative protections, and would in
any case be unlikely to be triggered
under section 7, since there is little
probability of a Federal nexus for any
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activity on these lands. Even if
triggered, since the lands in question are
occupied by the species, section 7
consultation would already be required
under the jeopardy standard, and as
noted, the analysis under the adverse
modification standard would be
unlikely to provide additional
protections beyond those already in
place under the SHA. The regulatory
benefit of additional Federal review on
individual proposed actions is episodic
and confined to the scope and scale of
the specific actions, whereas
implementation of the SHA is
continuous and affects the entire
property.
Educational benefits are also limited.
The landowner is already aware of the
conservation needs of the species
through development of the SHA.
Because there is no public access to the
land, we are not aware of any public
constituency connected with this
ownership which would derive
informational benefits from the
designation of critical habitat. However,
as noted, we have conducted extensive
outreach efforts, both in relation to the
SHA and its associated permit, as well
as our proposed critical habitat, which
have provided opportunity for public
education and comment on critical
habitat for the northern spotted owl. As
such, much of the potential educational
benefit of critical habitat on these lands
has already been accomplished.
On the other hand, the SHA has
provisions for protecting and
maintaining northern spotted owl
habitat that far exceed the conservation
benefits that could be obtained through
section 7 consultation. These measures
will not only prevent the degradation of
essential features of the northern
spotted owl, but they will maintain or
improve these features over time.
Furthermore, landowners always have
the option not to return to baseline after
the term of the SHA is over. Exclusion
of these lands from critical habitat will
help foster the partnership we have
developed with Forster-Gill through the
development and continuing
implementation of the SHA, and may
encourage the landowner to continue
these cooperative efforts even after the
term of the SHA. In addition, this
partnership may serve as a model and
aid in fostering future cooperative
relationships with other parties in other
locations for the benefit of listed
species. For these reasons, we have
determined that the benefits of
exclusion of lands covered by the
Forster-Gill, Inc. SHA outweigh the
benefits of critical habitat designation.
Exclusion Will Not Result in
Extinction of the Species—We have
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determined that the exclusion of 238 ac
(96 ha) from the designation of critical
habitat for the northern spotted owl of
lands owned and managed by ForsterGill, Inc., as identified in their SHA will
not result in extinction of the species
because current conservation efforts
under the plan adequately protect the
geographical areas containing the
physical or biological features essential
to the conservation of the species. For
projects having a Federal nexus and
affecting northern spotted owls in
occupied areas, as in this case, the
jeopardy standard of section 7 of the
Act, coupled with protection provided
under the terms of the SHA, would
provide assurances that this species will
not go extinct as a result of excluding
these lands from the critical habitat
designation. Based on the above
discussion, the Secretary is exercising
his discretion under section 4(b)(2) of
the Act to exclude from this final
critical habitat designation portions of
the proposed critical habitat units or
subunits that are within the Forster-Gill,
Inc. SHA boundary totaling 238 ac (96
ha).
Van Eck Forest Foundation Safe Harbor
Agreement
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, that are
covered by the SHA between the Fred
M. Van Eck Forest Foundation and the
Service within subunit 1 of the
Redwood Coast CHU in California.
These lands are also protected under a
conservation easement held by the
Pacific Forest Trust. The enhancement
of survival permit associated with this
SHA was noticed in the Federal
Register on July 8, 2008 (73 FR 39026),
and issued August 18, 2008. The term
of the permit and the agreement is 90
years. The SHA provides for the
creation and enhancement of habitat for
the northern spotted owl on 2,774 ac
(1,122 ha) of lands in Humboldt County,
California, and provides for continued
timber harvest on those lands. At the
time of the agreement, the lands under
consideration supported 1,730 ac (700
ha) of northern spotted owl nesting and
roosting habitat and one northern
spotted owl activity center (a location
where owls are observed nesting or
roosting). We anticipate that under the
northern spotted owl habitat creation
and enhancement timber management
regime proposed in the SHA that
approximately 1,947 ac (788 ha) of
nesting and roosting habitat and
potentially up to five northern spotted
owl activity centers could exist on the
property at the end of 90 years. The
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SHA does not provide for a return to
baseline conditions at the end of the
agreement term. Instead, the agreement
provides that if more than five northern
spotted owl activity centers should
become established on the property
during the 90-year term, the landowner
would be allowed to remove such
additional activity centers during the
agreement period.
Under the SHA, the Fred M. van Eck
Forest Foundation agrees to: (1) Conduct
surveys annually to determine the
locations and reproductive status of any
northern spotted owls; (2) protect up to
five activity centers with a no-harvest
area that buffers the activity center by
no less than 100 ft (30 m); (3) utilize
selective timber harvest methods such
that suitable nesting habitat is
maintained within 300 ft (91 m) of each
activity center; (4) limit noise
disturbance from timber harvest
operations within 1,000 ft (305 m) of an
active nest during the breeding season;
and (5) manage all second-growth
redwood timber on the property in a
manner that maintains or creates
suitable nesting and roosting habitat
over time. The term of the SHA and ITP
is 90 years; there is no term limitation
on the easement deed held by the
Pacific Forest Trust. Specific long-term
management targets for second-growth
timber are enumerated in the easement
deed. All are expressed as propertywide
averages; for example, a stocking target
of 100,000 board feet (bf) per acre, 75
percent minimum conifer occupancy, 25
percent of standing inventory made up
of trees greater than 200 years of age, 15
dominant conifers per acre 36-inches
DBH or greater, 4 standing snags per
acre 30-inches DBH or greater, 1,600
cubic feet per acre of dead and down
logs. The cumulative impact of the SHA
and the easement, is expected to
provide a substantial net benefit to the
northern spotted owl.
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands is limited (there is little likelihood
of an action that will involve Federal
funding, authorization, or
implementation). In addition, since the
lands under the SHA in question are
occupied by the northern spotted owl, if
a Federal nexus were to occur, section
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7 consultation would already be
triggered and the Federal agency would
consider the effects of its actions on the
species through a jeopardy analysis.
Because one of the primary threats to
the northern spotted owl is habitat loss
and degradation, the consultation
process under section 7 of the Act for
projects with a Federal nexus will, in
evaluating effects to the northern
spotted owl, evaluate the effects of the
action on the habitat for the species
regardless of whether critical habitat is
designated for these lands. The
analytical requirements to support a
jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
included land. However, the additional
conservation that could be attained
through the supplemental adverse
modification analysis for critical habitat
under section 7 would likely not be
significant, and would be triggered only
in the event of a Federal action.
Furthermore, any such potential benefit
would be small in comparison to the
benefits already derived from the SHA,
which already incorporates measures
that specifically benefit the northern
spotted owl and its habitat, as described
above, and remains in place regardless
of the designation of critical habitat.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Any information about the
northern spotted owl and its habitat that
reaches a wider audience, including
parties engaged in conservation
activities, is valuable. The landowners
in this case are aware of the needs of the
species through the development of
their SHA, in which they have agreed to
take measures to protect the northern
spotted owl on their property and create
and enhance suitable habitat for the
species as well. Any additional
educational and information benefits
that might arise from critical habitat
designation have been largely
accomplished through the public review
of and comment on the SHA and the
associated permit. The release of the
Revised Recovery Plan for the Northern
Spotted Owl in 2011 was also preceded
by outreach efforts and public comment
opportunities. In addition, the
rulemaking process associated with
critical habitat designation included
several opportunities for public
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comment, and we also held multiple
public information meetings across the
range of the species. Through these
outreach opportunities, land owners,
State agencies, and local governments
have become aware of the current status
of and threats to the northern spotted
owl, and the conservation actions
needed for recovery.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, CALFIRE has
indicated to us that it is unlikely to
impose any new requirements on
project proponents if critical habitat is
designated in areas already subject to
California Forest Practice Rules.
Therefore, we believe this potential
benefit of critical will be limited.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 2,774 ac
(1,122 ha) of lands currently managed
under the SHA are substantial. We have
created a close partnership with the
Foundation through the development of
the SHA, which incorporates
protections and management objectives
for the northern spotted owl and the
habitat upon which it depends for
breeding, sheltering, and foraging
activities, as described above. The
conservation approach identified in the
Van Eck Forest Foundation SHA, along
with our close coordination with the
Foundation, addresses the identified
threats to northern spotted owl on
covered lands that contain the physical
or biological features essential to the
conservation of the species.
The SHA conservation measures that
provide a benefit to the northern spotted
owl and its habitat have been, and will
be, implemented continuously
beginning with the enactment of the
SHA in 2008 through the 90-year term
of the ITP, through 2088, on all covered
lands owned and managed by the Van
Eck Forest Foundation. Such measures
include the examples we identified
above: A volume-based mean stocking
target, mean conifer occupancy, mean
percentages of standing inventory in
older age classes, mean size and density
of dominant conifers, mean size and
density of standing snags, and mean
volume of dead and down logs. The
measures provided in the SHA are
aimed at the maintenance and
enhancement of suitable nesting and
roosting habitat over time to benefit the
northern spotted owl.
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The designation of critical habitat
could have an unintended negative
effect on our relationship with nonFederal landowners due to the
perceived imposition of redundant
government regulation. If lands within
the Van Eck Forest Foundation SHA are
designated as critical habitat, it would
likely have a chilling effect on our
continued ability to seek new
partnerships with future participants
including States, counties, local
jurisdictions, conservation
organizations, and private landowners,
which together can implement various
conservation actions (such as SHAs,
HCPs, and other conservation plans)
that we would be unable to accomplish
otherwise. Excluding the approximately
2,774 ac (1,122 ha) owned and managed
by the Van Eck Forest Foundation from
critical habitat designation will sustain
and enhance this working relationship
between the Service and the
Foundation. The willingness of the
Foundation to work with us to manage
federally listed species will continue to
reinforce those conservation efforts and
our partnership, which contribute
toward achieving recovery of the
northern spotted owl. We consider this
voluntary partnership in conservation
vital to our understanding of the status
of species on non-Federal lands and
necessary for us to implement recovery
actions, such as habitat protection and
restoration, and beneficial management
actions for species. Further, this
partnership may aid in fostering future
cooperative relationships with other
parties in other locations for the benefit
of listed species. We consider the
positive effect of excluding proven
conservation partners from critical
habitat to be a significant benefit of
exclusion.
The Benefits of Exclusion Outweigh
the Benefits of Inclusion—We reviewed
and evaluated the exclusion of
approximately 2,774 ac (1,122 ha) of
land owned and managed by the Van
Eck Forest Foundation from our
designation of critical habitat. The
benefits of including these lands in the
designation are relatively small, since
the habitat on the covered lands is
already being monitored and managed
under the SHA to improve the habitat
elements that are equivalent to the
physical or biological features that are
outlined in this critical habitat rule. The
additional designation of critical habitat
would provide unnecessarily
duplicative protections, and would in
any case be unlikely to be triggered
under section 7, since there is little
probability of a Federal nexus on these
lands. Even if triggered, since the lands
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in question are occupied by the species,
section 7 consultation would already be
required under the jeopardy standard,
and, as noted, the analysis under the
adverse modification standard would be
unlikely to provide additional
protections beyond those already in
place under the SHA.
Educational benefits are also limited.
The landowner is already aware of the
conservation needs of the species
through development of the SHA.
Because the Van Eck lands, for the most
part, are not open to the general public,
there is no public constituency that
would derive informational benefits
from the designation of critical habitat.
However, as noted, we have conducted
extensive outreach efforts, both in
relation to the SHA and its associated
permit, as well as our proposed revision
of critical habitat, which have provided
opportunity for public education and
comment on critical habitat for the
northern spotted owl. As such, much of
the potential educational benefit of
critical habitat on these lands has
already been accomplished.
On the other hand, the conservation
measures identified within the SHA
seek to achieve conservation goals for
northern spotted owls and their habitat,
and thus can be of greater conservation
benefit than the designation of critical
habitat, which does not require specific,
proactive actions. Thus, the
implementation of the SHA provides a
substantially greater benefit to the
northern spotted owl than would be
obtained through section 7 consultation.
The measures provided in the SHA will
not only prevent the degradation of
essential features for the northern
spotted owl, but they are designed to
maintain or enhance these features over
time. Furthermore, landowners always
have the option not to return to baseline
after the term of the SHA is over.
Exclusion of these lands from critical
habitat will help foster the partnership
we have developed with the Van Eck
Forest Foundation through the
development and continuing
implementation of the SHA and may
encourage the landowner to continue
these cooperative efforts even after the
term of the SHA. In addition, this
partnership may serve as a model and
aid in fostering future cooperative
relationships with other parties in other
locations for the benefit of listed
species. For these reasons we have
determined that the benefits of
exclusion of lands covered by the Van
Eck Forest Foundation SHA outweigh
the benefits of critical habitat
designation.
Exclusion Will Not Result in
Extinction of the Species—We have
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determined that the exclusion of 2,774
ac (1,122 ha) from the designation of
critical habitat for the northern spotted
owl of lands owned and managed by the
Van Eck Forest Foundation, as
identified in their SHA will not result
in extinction of the species because
current conservation efforts under the
plan adequately protect the geographical
areas containing the physical or
biological features essential to the
conservation of the species. For projects
having a Federal nexus and affecting
northern spotted owls in occupied
areas, such as in this case, the jeopardy
standard of section 7 of the Act, coupled
with protection provided under the
terms of the SHA and Conservation
Easement Agreement, would provide
assurances that this species will not go
extinct as a result of excluding these
lands from the critical habitat
designation. Based on the above
discussion, the Secretary is exercising
his discretion under section 4(b)(2) of
the Act to exclude from this final
critical habitat designation portions of
the proposed critical habitat units or
subunits that are within the Van Eck
Forest Foundation SHA boundary
totaling 2,774 ac (1,122 ha).
State of Washington
Port Blakely Tree Farms L.P. (Morton
Block) Safe Harbor Agreement,
Landowner Option Plan, and
Cooperative Habitat Enhancement
Agreement
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, totaling
approximately 195 ac (79 ha) that are
covered under the Port Blakely Tree
Farms (also known as Morton Block)
SHA in the West Cascades Central CHU
in Washington. The enhancement of
survival permit associated with this
SHA was noticed in the Federal
Register on December 17, 2008 (73 FR
76680) and issued May 22, 2009. The
SHA and permit include both the
marbled murrelet (Brachyramphus
marmoratus) and the northern spotted
owl, and covers an area of 45,306 ac
(18,335 ha) of managed forest lands
known as the ‘‘Morton Block,’’ in Lewis
and Skamania Counties. The term of the
permit and SHA is 60 years.
The covered lands have been
intensively managed for timber
production and at the time the permit
was issued were not known to be
occupied by northern spotted owls. The
environmental baseline was measured
in terms of dispersal habitat. There are
no known northern spotted owls nesting
on Port Blakely lands. However,
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northern spotted owls have historically
nested on adjacent Federal lands and
the 1.82-mile (2.9-km) radius circles
around those sites that are used for
evaluating potential habitat availability
for northern spotted owls extend onto
Port Blakely lands. Because of this, Port
Blakely Tree Farms conducted habitat
evaluations of their properties to
determine the amount of suitable
northern spotted owl habitat present.
The baseline estimate to be provided by
the SHA is 8,360 ac (3,383 ha) of
northern spotted owl dispersal habitat.
Under the SHA, Port Blakely is
implementing conservation measures
that are expected to provide net
conservation benefits to the northern
spotted owl and marbled murrelet. The
SHA also provides that Port Blakely will
manage their tree farm in a manner that
contributes to the goals of the Mineral
Block Northern Spotted Owl Special
Emphasis Area (SOSEA) according to
Washington Forest Practices Rules and
Regulations (Washington Forest
Practices Board 2002, WAC 222–16–
080, WAC 222–16– 086). This area is
intended to facilitate dispersal of
juvenile northern spotted owls, as well
as provide demographic support to core
northern spotted owl populations.
Under the SHA, Port Blakely is
implementing enhanced forestmanagement measures that would create
potential habitat for the northern
spotted owl and marbled murrelet, such
as longer harvest rotations, additional
thinning to accelerate forest growth, a
snag-creation program, retention of
more fallen wood than is required by
Washington Forest Practices Rules,
establishment of special management
areas and special set-aside areas, and
monitoring. The terms of the agreement
are intended to produce conditions that
will facilitate the dispersal of the
northern spotted owl across the Port
Blakely ownership.
At present, there are no known
nesting sites for owls in the covered
area. However, portions of the covered
area are within owl management circles
associated with site centers on adjacent
ownerships. The majority of the standmanagement units are composed of 20to 60-year-old timber. There are no
stands that would provide nesting
opportunities for owls in the covered
area, and very little young forest
marginal habitat is present in the areas
of the Morton Block with the potential
for utilization by owls that may occur
on adjacent ownerships. The young
forest marginal habitat known to exist
on Port Blakely’s ownership is within
circles that have greater than 40 percent
suitable habitat and, thus, may be
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harvested under Washington State
Forest Practices Rules.
The SHA landscape-management
approach contributes to owl recovery by
complementing the existing owl
landscape-management strategies on
adjacent Federal and State forestlands.
The SHA goals and objectives for the
northern spotted owl are to provide
demographic interchange through
dispersal and foraging habitat across
their ownership on a dynamic basis, as
well as higher-quality habitat in harvest
set-asides. These habitats provide for
both dispersal and demographic
interchange. SOSEA goals are identified
in the Washington State Forest Practices
Rules and shown on the SOSEA maps
(see WAC 222–16–086). SOSEA goals
provide for demographic and dispersal
support as necessary to complement the
northern spotted owl protection
strategies on Federal lands within or
adjacent to the SOSEA (WAC 222–16–
010).
Port Blakely will achieve these goals
and objectives both in the near term and
over the term of the SHA by
immediately protecting special
management areas and special set-aside
areas of northern spotted owl habitat,
and managing commercial forested
lands in the plan area on an average
rotation length of 60 years. In addition,
the SHA provides silvicultural measures
to benefit the northern spotted owl,
including a thinning program and a
snag-retention and creation program.
Port Blakely has agreed to collaborate
with State and Federal biologists in
research efforts to better understand
how their management will influence
dispersal habitat conditions in the plan
area. Port Blakely is working
cooperatively with the Service, WDFW,
WDNR, and other entities that have
expertise, in designing a statistically
robust snag-monitoring study. Port
Blakely will also map all leave tree
areas, and mark a sample of snag and
defective trees for use in snagmonitoring studies. The SHA
acknowledges uncertainty in some
aspects of anticipated results. Areas of
uncertainty include the likelihood that
green retention trees will become snags
during the period between commercial
thinning and future entries, as well as
the recruitment success and persistence
of snags. Port Blakely has committed to
work collaboratively with agencies in
these matters. The SHA also contains
monitoring and reporting requirements.
Benefits of Inclusion—Critical habitat
designation on private lands introduces
a higher level of Federal scrutiny under
the interagency consultation process in
section 7 of the Act. This higher level
of scrutiny can arise through two
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avenues. Under section 7(a)(2) of the
Act, Federal agencies that grant funds or
issue permits for proposed actions on
private lands, whether or not those
lands are designated critical habitat, are
required to consult with the Service to
ensure that the proposed action ‘‘* * *
is not likely to jeopardize the continued
existence of any endangered species or
threatened species * * *’’ When lands
are designated critical habitat, the
section 7(a)(2) consultation requirement
is expanded so that the granting or
permitting Federal agencies and the
Service are required to ensure that the
proposed action will not ‘‘* * * result
in the destruction or adverse
modification of critical habitat * * *’’
of any endangered species or threatened
species. Critical habitat designation
adds a new element to the Federal
consultation: The consideration and
analysis of adverse effects to habitat that
might potentially arise from the
proposed action. In evaluating the
effects of proposed actions on critical
habitat, the Service must be satisfied
that the essential physical or biological
features of the critical habitat likely will
not be altered or destroyed by proposed
activities to the extent that the
conservation function of the designated
critical habitat would be appreciably
diminished. Briefly, if the land
potentially affected by the proposed
action is not designated critical habitat,
the scope of the consultation must
include a consideration of ‘‘jeopardy’’ to
threatened or endangered species; but if
the same land is designated critical
habitat, the consultation must include
considerations of both ‘‘jeopardy’’ and
‘‘adverse modification’’ of critical
habitat.
We find that the conservation
achieved through implementing these
types of agreements is typically greater
than would be achieved through
multiple site-by-site, project-by-project,
section 7 consultations involving
consideration of critical habitat. In
addition, it is unlikely that Federal
projects would be proposed on these
relatively remote forest lands unless it
was a linear project such as a powerline,
pipeline, or transportation project. Due
to the scope of such projects, they
would likely already have a Federal
nexus regardless whether these lands
are designated as critical habitat. While
the SHA lands may not have nesting
sites on them at this time, degradation
of the habitats on the SHA or adjacent
lands could be considered an adverse
effect to the species. Because one of the
primary threats to the northern spotted
owl is habitat loss and degradation, the
consultation process under section 7 of
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71955
the Act for projects with a Federal nexus
likely would, in evaluating effects to the
northern spotted owl, evaluate the
effects of the action on the conservation
or functionality of the habitat for the
species, regardless of whether critical
habitat is designated for these lands.
The analytical requirements to support
a jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
land designated as critical habitat.
However, the amount of conservation
that could be attained through the
addition of a critical habitat analysis to
the section 7 consultation would be
relatively low in comparison to the
conservation provided by the SHA. The
additional benefits of inclusion on the
section 7 process are therefore relatively
small.
The benefits of inclusion are further
minimized because, as mentioned
above, the Port Blakely SHA provides
for the needs of the northern spotted
owl by protecting and preserving
landscape levels of suitable northern
spotted owl nesting, roosting, and
foraging habitat, as well as foraging and
dispersal habitat over the term of the
SHA in strategic landscapes, and
implementing species-specific
conservation measures designed to
avoid and minimize effects to northern
spotted owls. A fundamental
requirement of an SHA is a
determination by the Service that the
provisions of the SHA will result in a
net conservation benefit to the listed
species. Approved SHAs have,
therefore, already been determined to
provide a net conservation benefit to the
listed species. In addition, monitoring
will track SHA progress over the term of
the permit and provide feedback on
management actions. Therefore,
designation of critical habitat would be
redundant on these lands, and would
not provide additional measureable
protections.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Designation of critical habitat
could inform State agencies and local
governments about areas that could be
conserved under State laws or local
ordinances, such as the Washington
State Growth Management Act, which
encourage the protection of ‘‘critical
areas’’ including fish and wildlife
habitat conservation areas. However, not
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only has the public process for this
rulemaking provided information to the
landowner, State agencies and local
governments and the public about the
importance of this area, but the process
for approving a SHA, which requires
public notice and comment, has served
this educational function as well.
Through these opportunities, land
owners, State agencies, and local
governments have become more aware
of the status of and threats to listed
species, and the conservation actions
needed for recovery particularly as it
relates to this property. For this reason,
we believe that the educational benefits
that might accrue from critical habitat
designation would be minimal.
Thus, we find that there is minimal
benefit from designating critical habitat
for the northern spotted owl within the
Port Blakely SHA.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 195 ac (79 ha)
of lands currently managed under the
SHA are substantial and include
maintaining our partnership with this
landowner. This is important because it
may encourage the company not to
return to baseline immediately after
expiration of the SHA.
Excluding lands with SHAs from
critical habitat designation may also
enhance our ability to seek new
partnerships with future participants
including States, counties, local
jurisdictions, conservation
organizations, and private landowners,
which together can implement
conservation actions that we would be
unable to accomplish otherwise. If lands
within the plan area are designated as
critical habitat, it could have a negative
effect on our ability to work with
various companies to accomplish our
goals for the SHA program and recovery
of the northern spotted owl. This SHA
is located in a key landscape between
the Mineral Block and other Federal
lands, and represents a unique
opportunity to maintain northern
spotted owls at the western extreme of
the Cascades, which may support
dispersal between the Cascades and
Olympics. This SHA contributes
meaningfully to the recovery of the
northern spotted owl and serves as an
example to other industrial companies.
This SHA was the first to combine a
Federal SHA effort with similar
planning processes under State
jurisdiction and serves as a role model
in combining SHA planning with State
processes. By excluding these lands, we
preserve our current private and local
conservation partnerships and
encourage additional conservation
actions in the future.
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Benefits of Exclusion Outweigh the
Benefits of Inclusion—In summary, we
determine that the benefits of excluding
the Port Blakely SHA from the
designation of critical habitat for the
northern spotted owl outweigh the
benefits of including this area in critical
habitat. We find that including the Port
Blakely SHA would result in minimal,
if any, additional benefits to the
northern spotted owl, as explained
above. We also find that the benefits of
including these lands are further
minimized by the fact that the
management strategies of the Port
Blakely SHA are designed to maintain
and enhance habitat for the northern
spotted owl. The SHA includes speciesspecific avoidance and minimization
measures, monitoring requirements to
track success and ensure proper
implementation, and forest-management
practices and habitat conservation
objectives that benefit the northern
spotted owl and its habitat, which
exceeds any conservation value
provided as a result of a critical habitat
designation. Furthermore, encouraging
landowners to enter into voluntary
conservation agreements with the
Service for the recovery of endangered
or threatened species which we believe
would be one of the benefits of
exclusion may outweigh the loss of
benefit that may be incurred through a
possible return to baseline following
permit expiration.
Therefore, in consideration of the
factors discussed above in the Benefits
of Exclusion section, including the
relevant impact to current and future
partnerships, we have determined that
the benefits of exclusion of lands
covered by the Port Blakely SHA
outweigh the benefits of critical habitat
designation.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of a net of
approximately 195 ac (79 ha) of lands
within the Port Blakely SHA will not
result in extinction of the northern
spotted owl because current and future
conservation efforts under the
agreement provide management to
facilitate dispersal of juvenile northern
spotted owls, as well as provide
demographic support to core northern
spotted owl populations. Further,
should nesting populations of the owl
become reestablished in this area (and
projects subsequently planned that have
a Federal nexus and would potentially
affect northern spotted owls), the
jeopardy standard of section 7 of the
Act, coupled with protection provided
by the Port Blakely SHA, would provide
a level of assurance that this species
will not go extinct as a result of
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excluding these lands from the critical
habitat designation. Based on the above
discussion, the Secretary is exercising
his discretion under section 4(b)(2) of
the Act to exclude from this final
critical habitat designation portions of
the proposed critical habitat units or
subunits that are within the Port Blakely
SHA totaling about 195 ac (79 ha).
SDS Company LLC and Broughton
Lumber Company Safe Harbor
Agreement
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, lands totaling
about 2,035 ac (824 ha) that are covered
under the SDS Lumber Company LLC
and its registered business name
Stevenson Land Company (together
SDS) and Broughton Lumber Company
(in total are related companies and are
herein known as ‘‘the Companies’’)
SHA, in Washington and Oregon. (Note
the proposed rule contained an error, in
which we mistakenly identified
approximately 16,031 ac (6,487 ha) of
SDS and Broughton lands for potential
exclusion). The enhancement of
survival permits associated with this
SHA were noticed in the Federal
Register on August 21, 2012 (77 FR
50526) and issued to the Companies on
October 26, 2012. The term of each of
the permits is 60 years. The Companies
collectively manage approximately
83,000 ac (33,589 ha) of forestland in
Skamania and Klickitat Counties in
Washington, and Hood River and Wasco
Counties in Oregon. Much of this
ownership is composed of potential
habitat outside of any owl circles and,
therefore, is currently available for
harvest under Washington State Forest
Practices Rules. However, 30 northern
spotted owl home ranges overlap some
portion of the Companies’ land base.
Most site centers are currently located
on Federal or State ownership; only one
site center is located on Companies’
ownership. Because the Companies
have committed to manage their
commercial forest lands for a
substantially longer rotation than the
typical 45-year rotation, and to
implement additional conservation
measures, northern spotted owls could
occupy the covered area in the future
under the SHA.
The Companies’ landscape
management approach contributes to
owl recovery by complementing the
existing owl landscape-management
strategies on adjacent Federal and State
forestlands. The Companies’ SHA goals
and objectives for the northern spotted
owl are to provide dispersal and young
forest marginal habitat across their
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ownership on a dynamic basis, as well
as submature and higher quality habitat
in harvest set-asides. These habitats
provide both dispersal and demographic
support, an established goal for lands
within the two northern spotted owl
special emphasis areas (SOSEAs).
SOSEA goals are identified in the Forest
Practices Rules and shown on the
SOSEA maps (see WAC 222–16–086).
SOSEA goals provide for demographic
and/or dispersal support as necessary to
complement the northern spotted owl
protection strategies on Federal lands
within or adjacent to the SOSEA (WAC
222–16–010).
The Companies will achieve these
goals and objectives both in the near
term and over the term of the SHA by
immediately protecting special set-aside
areas of northern spotted owl habitat
and managing commercial forested
lands in the plan area on an average
rotation length of 60 years. In addition,
the SHA provides silvicultural measures
to benefit the northern spotted owl,
including a snag-retention and creation
program.
The SHA includes an elevated
baseline, provisions for a 240-acre
nesting set-aside and a 411-acre reserve
in the White Salmon SOSEA, a 10-year
deferral of harvest of any habitat in the
0.7-mile circle of the four site centers in
which the Companies’ covered lands
comprise greater than 15 percent, future
nest site protection, and the support and
enhancement of existing conservation
agreements. The SHA will include a
monitoring and reporting schedule to
ensure that the anticipated benefits will
accrue both in the near term and over
the term of the SHA.
Benefits of Inclusion—We find that
there is minimal benefit from
designating critical habitat for the
northern spotted owl within the SDS
SHA. It is unlikely that Federal projects
would be proposed on these relatively
remote forest lands unless it was a
linear project such as a powerline,
pipeline, or transportation project. Due
to the scope of such projects, they
would likely already have a Federal
nexus regardless whether these lands
are designated as critical habitat. Even
where the SHA lands may not have
nesting sites on them at this time,
degradation of the habitats on the SHA
or adjacent lands could be considered
an adverse effect to the species. Because
one of the primary threats to the
northern spotted owl is habitat loss and
degradation, the consultation process
under section 7 of the Act for projects
with a Federal nexus likely would, in
evaluating effects to the northern
spotted owl, evaluate the effects of the
action on the conservation or
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functionality of the habitat for the
species, regardless of whether critical
habitat is designated for these lands.
The analytical requirements to support
a jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
land designated as critical habitat.
However, the amount of conservation
that could be attained through the
addition of a critical habitat analysis to
the section 7 consultation would be
relatively low in comparison to the
conservation provided by the SHA, as
discussed below. The additional
benefits of inclusion on the section 7
process are therefore relatively small.
The benefits of inclusion are further
minimized because this SHA provides
for the needs of the northern spotted
owl by protecting and preserving
landscape levels of suitable northern
spotted owl nesting, roosting, and
foraging habitat, as well as foraging and
dispersal habitat over the term of the
SHA in strategic landscapes, and
implementing species-specific
conservation measures designed to
avoid and minimize effects to northern
spotted owls. A fundamental
requirement of an SHA is a
determination by the Service that the
provisions of the SHA will result in a
net conservation benefit to the listed
species. Approved SHAs have,
therefore, already been determined to
provide a net conservation benefit to the
listed species. In addition, funding for
management is ensured through the
Implementation Agreement. Such
assurances are typically not provided by
section 7 consultations, which in
contrast to SHAs, do not commit the
project proponent to long-term, special
management practices or protections. In
addition, monitoring will track SHA
progress over the term of the permit and
provide feedback on management
actions. Therefore, designation of
critical habitat would be redundant on
these lands, and would not provide
additional measureable protections.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Designation of critical habitat
could inform State agencies and local
governments about areas that could be
conserved under State laws or local
ordinances, such as the Washington
State Growth Management Act, which
encourage the protection of ‘‘critical
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areas’’ including fish and wildlife
habitat conservation areas. However, not
only has the public process for this
rulemaking provided information to the
landowner, State agencies and local
governments and the public about the
importance of this area, but the process
for approving a SHA, which also
requires public notice and comment,
has served this educational function too.
Through these opportunities, land
owners, State agencies, and local
governments have become more aware
of the status of and threats to listed
species, and the conservation actions
needed for recovery particularly as it
relates to this property. For these
reasons, we believe that the educational
benefits that might accrue from critical
habitat designation would be minimal.
Therefore, we find that there is
minimal benefit from designating
critical habitat for the northern spotted
owl within this SHA.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 2,035 ac (824
ha) of lands currently managed under
the SHA are substantial and include
maintaining our partnership with this
landowner. This is important because it
may encourage the company not to
return to baseline immediately after
expiration of the SHA.
Excluding lands with SHAs from
critical habitat designation may also
enhance our ability to seek new
partnerships with future participants
including States, counties, local
jurisdictions, conservation
organizations, and private landowners,
which together can implement
conservation actions that we would be
unable to accomplish otherwise. If lands
within the plan area are designated as
critical habitat, it could have a negative
effect on our ability to work with
various companies to accomplish our
goals for the SHA program and recovery
of the northern spotted owl. This SHA
is located in key northern spotted owl
landscapes and contributes
meaningfully to the recovery of the
northern spotted owl. Two SOSEAs, the
White Salmon and Columbia Gorge
SOSEAs, encompass approximately 54
percent of the Companies’ lands in
Skamania and Klickitat Counties. The
Companies’ landscape-management
approach contributes to northern
spotted owl recovery by complementing
the existing northern spotted owl
landscape-management strategies on
adjacent Federal and State forestlands.
With the Companies’ participation in
northern spotted owl conservation, it
will be the first time in these SOSEAs,
that a private landowner has joined
State and Federal land managers to
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implement a landscape approach for
northern spotted owl habitat. The
Companies’ lands provide a major link
in the goal of managing both the
Columbia River and White Salmon
SOSEAs under a unified landscapemanagement regime rather than a
competitive harvesting regime under
owl-circle management.
The designation of critical habitat
could nonetheless have an unintended
negative effect on our relationship with
non-Federal landowners due to the
perceived imposition of redundant
government regulation. If lands within
the SDS SHA plan area are designated
as critical habitat, it would likely have
a negative effect on our ability to
establish new partnerships to develop
SHAs, HCPs, and other conservation
plans, particularly plans that address
landscape-level conservation of species
and habitats. This SHA is being
observed by other land and timber
companies in Washington and Oregon
and may serve as a model for ongoing
and future efforts. By excluding these
lands, we preserve our current private
and local conservation partnerships and
encourage additional conservation
actions in the future.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—In summary, we
determine that the benefits of excluding
the SDS SHA from the designation of
critical habitat for the northern spotted
owl outweigh the benefits of including
this area in critical habitat. We find that
including it would result in minimal, if
any, additional benefits to the northern
spotted owl, as explained above. We
also find that the benefits of including
these lands are further minimized by the
fact that the management strategies of
the SHA are designed to maintain and
enhance habitat for the northern spotted
owl. The SHA includes species-specific
avoidance and minimization measures,
monitoring requirements to track
success and ensure proper
implementation, and forest-management
practices and habitat conservation
objectives that benefit the northern
spotted owl and its habitat, which
exceeds any conservation value
provided as a result of a critical habitat
designation. Furthermore, encouraging
landowners to enter into voluntary
conservation agreements with the
Service for the recovery of endangered
or threatened species which we believe
would be one of the benefits of
exclusion may outweigh the loss of
benefit that may be incurred through a
possible return to baseline following
permit expiration.
Therefore, in consideration of the
factors discussed above in the Benefits
of Exclusion section, including the
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relevant impact to current and future
partnerships, we have determined that
the benefits of exclusion of lands
covered by the Port Blakely SHA
outweigh the benefits of critical habitat
designation.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of a net of
approximately 2,035 ac (824 ha) of lands
within the SDS SHA will not result in
extinction of the northern spotted owl
because, under this agreement, the
landscape management approach
contributes to owl recovery by
complementing the existing owl
landscape-management strategies on
adjacent Federal and State forestlands.
The SDS SHA goals and objectives for
the northern spotted owl are to provide
dispersal and young forest marginal
habitat across their ownership on a
dynamic basis, as well as submature and
higher quality habitat in harvest setasides. These habitats provide both
dispersal and demographic support, an
established goal for lands within the
two northern spotted owl special
emphasis areas (SOSEAs). Further, for
projects having a Federal nexus and
affecting northern spotted owls in
occupied areas, the jeopardy standard of
section 7 of the Act, coupled with
protection provided by the SDS SHA,
would provide a level of assurance that
this species will not go extinct as a
result of excluding these lands from the
critical habitat designation. We find that
exclusion of these lands within the SDS
SHA will not result in extinction of the
northern spotted owl. Based on the
above discussion, the Secretary is
exercising his discretion under section
4(b)(2) of the Act to exclude from this
final critical habitat designation
portions of the proposed critical habitat
units or subunits that are within the
SDS SHA totaling about 2,035 ac (824
ha).
How We Evaluate Lands Protected
Under HCPs for Exclusion
The consultation provisions under
section 7(a)(2) of the Act constitute a
regulatory benefit of critical habitat.
Federal agencies must consult with us
on actions that may affect critical
habitat and must avoid destroying or
adversely modifying critical habitat. In
areas without designated critical habitat,
Federal agencies consult with us on
actions that may affect a listed species
and must refrain from undertaking
actions that are likely to jeopardize the
continued existence of the species.
Thus, the analysis of effects to critical
habitat is a separate and different
analysis from that of the effects to the
species. The difference in outcomes of
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these two analyses represents the
regulatory benefit of critical habitat. For
some species, and in some locations, the
outcome of these analyses will be
similar, because effects on habitat will
often result in effects on the species.
However, the regulatory standard is
different: The jeopardy analysis looks at
the action’s impact on survival and
recovery of the species, while the
adverse modification analysis looks at
the action’s effects on the designated
habitat’s contribution to the species’
conservation. This will, in some
instances, lead to different results or
consultation where it might not have
otherwise occurred (e.g. in habitat not
currently occupied by the species).
Once an agency determines that
consultation under section 7 of the Act
is necessary, the process may conclude
informally when we concur in writing
that the proposed Federal action is not
likely to adversely affect critical habitat.
However, if the action agency
determines through informal
consultation that adverse effects are
likely to occur, then it would initiate
formal consultation, which would
conclude when we issue a biological
opinion on whether the proposed
Federal action is likely to result in
destruction or adverse modification of
critical habitat. A biological opinion
that concludes in a determination of no
destruction or adverse modification may
contain discretionary conservation
recommendations to minimize adverse
effects to critical habitat, but it would
not contain any mandatory reasonable
and prudent measures or terms and
conditions because these do not apply
to critical habitat. In addition, we
suggest reasonable and prudent
alternatives to the proposed Federal
action only when our biological opinion
finds that the action may destroy or
adversely modify critical habitat.
The process of designating critical
habitat as described in the Act requires,
in part, that the Service identify those
lands occupied at the time of listing on
which are found the physical or
biological features essential to the
conservation of the species, which may
require special management
considerations or protection and any
unoccupied lands that are essential to
the conservation of the species. In
identifying those lands, the Service
must consider the recovery needs of the
species. Once critical habitat has been
designated, Federal agencies must
consult with the Service under section
7(a)(2) of the Act on their actions that
may adversely affect the species or
critical habitat to ensure that their
actions are not likely to adversely
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modify critical habitat or jeopardize the
continued existence of the species.
We find that in some cases, the
conservation benefits to a species and
its habitat that may be achieved through
the designation of critical habitat are
less than those that could be achieved
through the implementation of a habitat
conservation management plan that
includes specific provisions based on
enhancement or recovery as the
management standard. Consequently,
the implementation of any HCP or
management plan that considers
enhancement or recovery as the
management standard will often provide
as much or more benefit than a section
7(a)(2) consultation under the Act.
There may be some regulatory benefit
that results from designating critical
habitat in the areas covered by the HCPs
because of section 7 consultation
requirements; however, they are often
minimal compared to the benefits of
exclusion.
Non-Federal landowners are often
motivated to work with the Service
collaboratively to develop HCPs because
of the regulatory certainty provided by
an incidental take permit under section
10(a)(1)(B) of the Act, including
assurances under the No Surprises
Policy (63 FR 8859; February 23, 1998).
The No Surprises Policy sets forth a
clear commitment to incidental take
permittees that, to the extent consistent
with the Act and other Federal laws, the
government will not seek additional
mitigation under an approved HCP
where the permittee is implementing
the HCP’s terms and conditions.
Although the HCP process can be
complex and time-consuming, the
benefit to landowners in undertaking
this extensive process is not only
incidental take authorization but the
resulting regulatory certainty, which
translates into real savings for private
landowners in terms of opportunity
costs, as well as direct savings and
avoided costs. Designation of critical
habitat within the boundaries of already
approved HCPs may be viewed as a
disincentive by other entities currently
developing HCPs or contemplating them
in the future, because it may be
perceived as imposing duplicative
regulatory burdens. In discussions with
the Service, HCP permittees have
indicated they view critical habitat
designation as an unnecessary
additional intrusion on their property,
and have expressed concern that the
Service may request new conservation
measures for the northern spotted owl,
even though they have an existing HCP
and associated incidental take permit
that has already gone through NEPA and
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the section 7 consultation process
already in place.
Although parties whose actions may
take listed species may still desire
incidental take permits to avoid liability
under section 9 of the Act, failure to
exclude HCP lands from critical habitat
could reduce the conservation value of
the HCP program in several ways. First,
parties may be less willing to seek a
section 10 (a)(2) permit and develop an
HCP where they are not certain their
actions will cause incidental take in
order to avoid involving the Federal
government when that involvement
could lead to future section 7
consultations because of critical habitat
designation. Second, in any given HCP,
applicants may reduce the amount of
protection to which they are willing to
agree, in effect holding some additional
protective measures ‘‘in reserve’’ for use
in any future discussions to address
critical habitat. The failure to exclude
qualified HCP lands from critical habitat
designations could decrease the
program’s efficacy and have profound
effects on our ability to establish and
maintain important conservation
partnerships with stakeholders.
Excluding qualified HCP lands from
critical habitat provides permittees with
the greatest possible certainty, and
thereby may help foster the cooperation
necessary to allow the HCP program to
achieve the greatest possible
conservation benefit. Thus, excluding
the lands covered by HCPs may improve
the Service’s ability to enter into new
partnerships. In addition, permittees
who trust and benefit from the HCP
process may encourage future HCP
participants, such as States, counties,
local jurisdictions, conservation
organizations, and private landowners,
leading to new HCPs that may result in
implementation of conservation actions
we would be unable to accomplish
otherwise.
Excluding lands covered under HCPs
from the critical habitat designation may
also relieve landowners from the
possibility of any additional regulatory
burden and costs associated with the
preparation of section 7 documents
related to critical habitat. While the
costs of providing these additional
documents to the Service is minor, there
may be resulting delays that generate
perceived or very real costs to private
landowners in the form of opportunity
costs, as well as direct costs.
HCPs can provide other important
conservation benefits, including the
development of important biological
information needed to guide
conservation efforts and assist in species
conservation outside the HCP planning
area. Each of the HCPs evaluated below
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have some component of adaptive forest
management to address uncertainties in
achieving their agreed-upon
conservation objectives for the northern
spotted owl. The adaptive management
strategy helps to ensure management
will continue to be consistent with
agreed-upon northern spotted owl
conservation objectives.
Below is a brief description of each
HCP and the lands proposed as critical
habitat covered by each plan that we
have excluded from critical habitat
designation under section 4(b)(2) of the
Act.
State of California
Green Diamond Resource Company
Habitat Conservation Plan
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, that are
covered under the Green Diamond
Resource Company Northern Spotted
Owl Habitat Conservation Plan of 1992.
The Green Diamond Resource Company
(Green Diamond, formerly Simpson
Timber Company) operates under a
northern spotted owl HCP within the
Redwood Coast Critical Habitat Unit in
California. The Incidental Take Permit
(ITP) issued in association with this
HCP was initially noticed in the Federal
Register on May 27, 1992 (57 FR 22254)
and issued September 17, 1992. Both
the HCP and the permit had a term of
30 years, with a comprehensive review
scheduled after 10 years to review the
efficacy of the plan. The permit allows
incidental take of up to 50 pairs of
northern spotted owls and their habitat
during the course of timber harvest
operations on 369,384 ac (149,484 ha) of
forest lands in Del Norte and Humboldt
Counties.
At the time the permit was issued,
more than 100 northern spotted owl
nest sites or activity centers were known
or suspected on the property. The
Service determined that the projected
growth and harvest rates indicated more
habitat of the age class primarily used
by northern spotted owls would exist on
the property at the end of the 30-year
permit period. In addition, the HCP
provided that nest sites would be
protected during the breeding season,
and no direct killing or injuring of owls
was anticipated. Green Diamond also
agreed to continue their monitoring
programs, in which more than 250 adult
owls and more than 100 juveniles were
already banded, as well as analyses of
timber stands used by owls. As required
by the terms of the HCP, Green Diamond
and the Service conducted a
comprehensive review of the first 20
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years of implementation, including a
comparison of actual and estimated
levels of owl displacement, a
comparison of estimated and actual
distribution of habitat, a reevaluation of
the biological basis for the HCP’s
conservation strategy, an examination of
the efficacy of and continued need for
habitat set-asides, and an estimate of
future owl displacements. During the
comprehensive review, Green Diamond
requested an amendment to the 1992
ITP to allow incidental take of up to
eight additional northern spotted owl
pairs. This request was noticed in the
Federal Register on February 26, 2007
(72 FR 8393) and the modified permit
was issued in October 2007.The original
Green Diamond Northern Spotted Owl
HCP relied on extensive monitoring and
research to inform development of more
comprehensive conservation strategies
for their lands. The outcome of 20 years
of implementation of Green Diamond’s
1992 informed the Service and Green
Diamond on how to develop new, or
modify the original, conservation
strategies to further benefit the northern
spotted owl.
On April 16, 2010, we announced our
intent to prepare an Environmental
Impact Statement (EIS) under the
National Environmental Policy Act
(NEPA) in response to an expected new
HCP from Green Diamond, which would
include provisions for the northern
spotted owl and possibly the Pacific
fisher (Martes pennanti), a species that
may be considered for listing during the
term of the HCP. This new HCP, if
completed and approved, would replace
the 1992 HCP, and would require the
issuance of a new incidental take
permit. The proposed new HCP is
intended to address the retention of
suitable northern spotted owl nesting
habitat, the development of older forest
habitat elements and habitat structures,
and future establishment of northern
spotted owl nest sites in streamside
retention zones. In addition, the new
plan will help cluster owl sites in
favorable habitat areas, and initiate
future research on other wildlife species
such as fishers and barred owls. Since
this new draft HCP has not yet been
completed, the draft HCP does not serve
as the basis for exclusion and we only
provide this information in terms of
demonstrating the progression of
involvement and partnership between
the Service and Green Diamond. The
existing HCP, originally completed in
1992, is still in effect as of this date and
serves, in part, as the basis for this
exclusion.
Since approval of the 1992 HCP,
personnel from Green Diamond, along
with academic and research institutions,
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have been the largest single contributor
of scientific information on the ecology
of northern spotted owls and their
habitats on managed forest lands in the
redwood region, in the form of graduate
theses and peer-reviewed papers. Since
the initial listing of the northern spotted
owl in 1990, Green Diamond has
maintained on their lands 1 of the 11
demographic study areas within the
range of the northern spotted owl that
have been used for rangewide
monitoring and evaluation of
populations and population trends in
the Pacific northwest. This important
demographic information is reported in
a continuing series of monographs, the
most recent being Forsman et al. (2011).
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands that might trigger such
consultation is limited; there is little
likelihood of an action that will involve
Federal funding, authorization, or
implementation. In addition, since the
lands under the HCP in question are
occupied by the northern spotted owl, if
a Federal nexus were to occur, section
7 consultation would already be
triggered and the Federal agency would
consider the effects of its actions on the
species through a jeopardy analysis.
While the jeopardy and adverse
modification standards are different, the
additional conservation that could be
attained through the supplemental
adverse modification analysis for
critical habitat under section 7 would
not be significant in light of the benefits
of the HCP, which already incorporates
protections and management objectives
for the northern spotted owl and the
habitat upon which it depends for
breeding, sheltering, and foraging
activities. The conservation approach
identified in the Green Diamond HCP,
along with our close coordination with
the company, addresses the identified
threats to northern spotted owl on lands
covered by the HCP that contain the
physical or biological features essential
to the conservation of the species. The
conservation measures identified within
the HCP seek to achieve conservation
goals for northern spotted owls and
their habitat, and thus can be of greater
conservation benefit than the
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designation of critical habitat, which
does not require specific, proactive
actions. HCPs typically provide for
greater conservation benefits to a
covered species than section 7
consultations because HCPs ensure the
long-term protection and management
of a covered species and its habitat. In
addition, funding for such management
is ensured through the Implementation
Agreement. Such assurances are
typically not provided by section 7
consultations, which in contrast to
HCPs, often do not commit the project
proponent to long-term, special
management practices or protections.
Thus, a section 7 consultation typically
does not afford the lands it covers
similar extensive benefits as an HCP. In
addition, the protections of critical
habitat come into play only in the event
of a Federal action, whereas the
protections of an HCP are in continuous
force.
Another potential benefit of including
lands in a critical habitat designation is
that the designation can serve to educate
landowners, State and local government
agencies, and the public regarding the
potential conservation value of an area,
and may help focus conservation efforts
on areas of high conservation value for
certain species. Any information about
the northern spotted owl and its habitat
that reaches a wider audience, including
parties engaged in conservation
activities, is valuable. However, in this
case the educational value of critical
habitat is limited. Green Diamond has
already made substantial contributions
to our knowledge of the species through
research and monitoring without critical
habitat designated on their lands. In
addition, the educational and
informational benefits that might arise
from critical habitat designation have
been largely accomplished through the
public review and comment on the HCP
and associated documents. The release
of the Revised Recovery Plan for the
Northern Spotted Owl in 2011 was also
preceded by outreach efforts and public
comment opportunities. Furthermore,
we conducted extensive outreach efforts
on the proposed revision of critical
habitat, including multiple public
information meetings and opportunities
for public comment. Through these
outreach opportunities, land owners,
State agencies, and local governments
have become aware of the status of and
threats to the northern spotted owl, and
the conservation actions needed for
recovery.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
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measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, CALFIRE has
indicated to us that it is unlikely to
impose any new requirements on
project proponents if critical habitat is
designated in areas already subject to
California Forest Practice Rules.
Therefore, we believe this potential
benefit of critical will be limited.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 369,864 ac
(149,484 ha) of lands currently managed
under the Green Diamond HCP are
significant. We have created a close
partnership with Green Diamond
through development of the HCP, and
they have proven to be an invaluable
partner in the conservation of the
northern spotted owl. Green Diamond
has made a significant contribution to
our knowledge of the northern spotted
owl through their support of continuing
research on their lands. Excluding the
approximately 369,864 ac (149,484 ha)
owned and managed by Green Diamond
from critical habitat designation will
sustain and enhance the working
relationship between the Service and
Green Diamond. The willingness of
Green Diamond to work with the
Service in innovative ways to conduct
solid scientific research and manage
federally listed species will continue to
reinforce those conservation efforts and
our partnership, which contribute
toward achieving recovery of the
northern spotted owl. Due to the
important research they are facilitating,
we consider this voluntary partnership
in conservation vital to our
understanding of the northern spotted
owl status of species on non-Federal
lands and necessary for us to implement
recovery actions such as habitat
protection and restoration, and
beneficial management actions for
species.
The designation of critical habitat
could have an unintended negative
effect on our relationship with nonFederal landowners due to the
perceived imposition of redundant
government regulation. If lands within
the Green Diamond HCP are designated
as critical habitat, it would likely have
a negative effect on our continued
ability to seek new partnerships with
future participants including States,
counties, local jurisdictions,
conservation organizations, and private
landowners, which together can
implement various conservation actions
(such as SHAs, HCPs, and other
conservation plans) that we would be
unable to accomplish otherwise. In
addition, our conservation partnership
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with Green Diamond may serve as a
model and aid in fostering future
cooperative relationships with other
parties in other locations for the benefit
of listed species. We consider the
positive effect of excluding proven
conservation partners from critical
habitat to be a significant benefit of
exclusion.
The Benefits of Exclusion Outweigh
the Benefits of Inclusion—We reviewed
and evaluated the exclusion of
approximately 369,864 ac (149,484 ha)
of land owned and managed by the
Green Diamond Resource Company
from our designation of critical habitat.
The benefits of including these lands in
the designation are comparatively small,
since the habitat on the covered lands
is already being monitored and managed
under the current HCP to improve the
habitat elements that are equivalent to
the physical or biological features
outlined in this critical habitat rule. Any
potential regulatory benefits of critical
habitat would be minimal, at best, as
additional Federal review on individual
proposed actions is episodic and
confined to the scope and scale of the
specific Federal actions that take the
form of project review or granting of
funds. In any case, any potential
regulatory benefit that would be gained
from a supplemental adverse
modification analysis, should section 7
be triggered, would likely be minimal
since the protections afforded by critical
habitat would be duplicative with the
protections provided through the HCP.
Educational benefits to the company
that might be attributed to critical
habitat designation are limited because
the company already has an active
program of research and analysis that is
embedded in company planning. In
addition, extensive outreach efforts that
have already occurred in conjunction
with the HCP, Revised Recovery Plan,
and the proposed revision of critical
habitat have raised awareness of the
current status of and threats to the
northern spotted owl, and the
conservation actions needed for
recovery. Green Diamond has made a
significant contribution to the body of
scientific information about the
northern spotted owl in the redwood
region.
In this instance, the regulatory and
educational benefits of inclusion in
critical habitat are minimal compared to
the significant benefits gained through
our conservation partnership with
Green Diamond. In addition, the
conservation measures of their HCP
serves not only an educational function
for the company and local and State
regulatory jurisdictions, but also
provides for significant conservation
PO 00000
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71961
and management of northern spotted
owl habitat and contributes to the
recovery of the species. The HCP
provisions for protecting and
maintaining northern spotted owl
habitat far exceed the conservation
benefits that would be obtainable
through section 7 consultation. The
company’s current program of research
on the northern spotted owl habitat and
demographics could not be obtained
through section 7 consultation.
Exclusion of these lands from critical
habitat will help foster the partnership
we have developed with Green
Diamond, partly through the
development and continuing
implementation of the HCP, and partly
through the encouragement of elective
actions by the company that are
unconnected to the HCP. For example,
Green Diamond’s elective role in
maintaining a demographic study area,
which is a key part of the network of
demographic study areas essential to
determining the rangewide population
trends of the northern spotted owl, is
integral to continuing research on the
species. Our partnership with Green
Diamond not only provides a benefit for
the conservation of the northern spotted
owl, but it may also serve as a model
and aid in fostering future cooperative
relationships with other parties in other
locations for the benefit of listed
species. For these reasons, we have
determined that the benefits of
exclusion of lands covered by the Green
Diamond Resource Company HCP
outweigh the benefits of critical habitat
designation.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that the exclusion of
369,864 ac (149,484 ha) from the
designation of critical habitat for the
northern spotted owl of lands owned
and managed by the Green Diamond
Resource Company, as identified in
their HCP, will not result in extinction
of the species because current
conservation efforts under the plan
adequately protect the geographical
areas containing the physical or
biological features essential to the
conservation of the species. For those
infrequent projects having a Federal
nexus and affecting northern spotted
owls on these lands, which are occupied
by the species, the jeopardy standard of
section 7 of the Act, coupled with
protection provided by the current
Green Diamond HCP, would provide a
level of assurance that this species will
not go extinct as a result of excluding
these lands from the critical habitat
designation. Based on the above
discussion, the Secretary is exercising
his discretion under section 4(b)(2) of
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srobinson on DSK4SPTVN1PROD with
the Act to exclude from this final
critical habitat designation portions of
the proposed critical habitat units or
subunits that are within the Green
Diamond HCP boundary totaling
369,864 ac (149,484 ha).
Humboldt Redwood Company Habitat
Conservation Plan
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, that are
covered under the Humboldt Redwood
Company (formerly Pacific Lumber)
HCP in the Redwood Coast CHU in
California. The permit under this HCP
with a term of 50 years was noticed on
July 14, 1998 (63 FR 37900) and issued
on March 1, 1999. The HCP includes
208,172 ac (84,244 ha) of commercial
timber lands in Humboldt County,
essentially all of the formerly Pacific
Lumber timberlands outside of the
Headwaters Reserve, which is currently
under Bureau of Land Management
administration. The Humboldt Redwood
Company HCP includes nine nonlisted
species (including one candidate
species) and three listed species,
including the northern spotted owl.
Activities covered by the HCP include
forest management activities and mining
or other extractive activities. With
regard to the northern spotted owl in
particular, the HCP addresses the
harvest, retention, and recruitment of
requisite habitat types and elements
within watershed assessment areas and
individual northern spotted owl activity
sites. The management objectives of the
HCP are to minimize disturbance to
northern spotted owl activity sites,
monitor to determine whether these
efforts maintain a high-density and
productive population of northern
spotted owls, and apply adaptive forest
management provisions as necessary to
evaluate or modify existing conservation
measures. In addition, there are specific
habitat retention requirements to
conserve habitat for foraging, roosting,
and nesting at northern spotted owl
activity sites. The other conservation
elements of the HCP are also expected
to aid in the retention and recruitment
of potential foraging, roosting, and
nesting habitat in watersheds across the
ownership. For example, the HCP
establishes a network of marbled
murrelet conservation areas, outlines
silvicultural requirements associated
with riparian management zones and
mass wasting avoidance areas, imposes
cumulative effects/disturbance index
restrictions, and contains a retention
standard of 10 percent late seral habitat
in each watershed assessment. Each of
these measures is likely to provide
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additional suitable habitat for the
northern spotted owl.
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands that might trigger such
consultation is limited since there is
little likelihood of an action that will
involve Federal funding, authorization,
or implementation. In addition, since
the lands under the HCP in question are
occupied by the northern spotted owl, if
a Federal nexus were to occur, section
7 consultation would already be
triggered and the Federal agency would
consider the effects of its actions on the
species through a jeopardy analysis.
Although the jeopardy and adverse
modification standards are different, the
additional conservation that could be
attained through the supplemental
adverse modification analysis for
critical habitat under section 7 would
not be significant because the HCP
incorporates protections and
management objectives for the northern
spotted owl and the habitat upon which
it depends for breeding, sheltering, and
foraging activities. The conservation
approach identified in the HCP, along
with our close coordination with the
Humboldt Redwood Company,
addresses the identified threats to
northern spotted owl on lands covered
by the HCP that contain the physical or
biological features essential to the
conservation of the species. The
conservation measures identified within
the HCP seek to achieve conservation
goals for northern spotted owls and
their habitat, and thus can be of greater
conservation benefit than the
designation of critical habitat, which
does not require specific, proactive
actions. HCPs typically provide for
greater conservation benefits to a
covered species than section 7
consultations because HCPs ensure the
long-term protection and management
of a covered species and its habitat. In
addition, funding for such management
is ensured through the Implementation
Agreement. Such assurances are
typically not provided by section 7
consultations, which in contrast to
HCPs, often do not commit the project
proponent to long-term, special
management practices or protections.
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Fmt 4701
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Thus, a section 7 consultation typically
does not afford the lands it covers
similar extensive benefits as an HCP. In
addition, the protections of critical
habitat come into play only in the event
of a Federal action, whereas the
protections of an HCP are in continuous
force.
The HCP conservation measures that
provide direct and indirect benefits to
the northern spotted owl and its habitat
have been implemented continuously
since 1999 on all covered lands owned
and managed by the Humboldt
Redwood Company. Northern spotted
owl conservation measures are subject
to re-evaluation and modification
through active adaptive forest
management provisions in the Plan,
which can be initiated by the Service or
by the Company.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Any information about the
northern spotted owl and its habitat that
reaches a wider audience, including
parties engaged in conservation
activities, is valuable. The landowners
in this case are aware of the needs of the
species through the development of
their HCP, in which they have agreed to
take measures to protect the northern
spotted owl and its habitat. Any
additional educational and information
benefits that might arise from critical
habitat designation have been largely
accomplished through the public review
of and comment on the HCP and the
associated permit. The release of the
Revised Recovery Plan for the Northern
Spotted Owl in 2011 was also preceded
by outreach efforts and public comment
opportunities. In addition, the
rulemaking process associated with
critical habitat designation included
several opportunities for public
comment, and we also held multiple
public information meetings across the
range of the species. Through these
outreach opportunities, land owners,
State agencies, and local governments
have become aware of the current status
of and threats to the northern spotted
owl, and the conservation actions
needed for recovery.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
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level of local review on proposed
projects. However, CALFIRE has
indicated to use that it is unlikely to
impose any new requirements on
project proponents if critical habitat is
designated in areas already subject to
California Forest Practice Rules.
Therefore, we believe this potential
benefit of critical will be limited.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 208,172 ac
(84,244 ha) of lands currently managed
under the Humboldt Redwood Company
(formerly Pacific Lumber Company)
HCP are significant. Although the HCP
was originally negotiated with Pacific
Lumber, we have developed a good
working rapport with Humboldt
Redwood Company, and expect this
conservation partnership to continue
through the implementation of the HCP.
We consider conservation partnerships
with private landowners to represent an
integral component of recovery for
listed species. However, the designation
of critical habitat could have an
unintended negative effect on our
relationship with non-Federal
landowners due to the perceived
imposition of redundant government
regulation. If lands within the Humboldt
Redwood Company HCP are designated
as critical habitat, it would likely have
a chilling effect on our continued ability
to seek new partnerships with future
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement various
conservation actions (such as SHAs,
HCPs, and other conservation plans)
that we would be unable to accomplish
otherwise.
Excluding the approximately 208,172
ac (84,244 ha) owned and managed by
the Humboldt Redwood Company from
critical habitat designation will sustain
and enhance the working relationship
between the Service and the Company,
and will bolster our ability to pursue
additional conservation partnerships for
the benefit of listed species. The
willingness of the Humboldt Redwood
Company to work with us to manage
their forest lands for the benefit of the
northern spotted owl will continue to
reinforce those conservation efforts and
our partnership, which contributes to
the recovery of the species. We consider
this voluntary partnership in
conservation important to our
understanding of the status of northern
spotted owls on non-Federal lands and
necessary for us to implement recovery
actions such as habitat protection and
restoration, and beneficial management
actions for species. In addition, as noted
above, our conservation partnership
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17:32 Dec 03, 2012
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with the Humboldt Redwood Company
may serve as a model and aid in
fostering future cooperative
relationships with other parties in other
locations for the benefit of listed
species. We consider the positive effect
of excluding proven conservation
partners from critical habitat to be a
significant benefit of exclusion.
The Benefits of Exclusion Outweigh
the Benefits of Inclusion—We have
reviewed and evaluated the exclusion,
from critical habitat designation, of
approximately 208,172 ac (84,244 ha) of
land owned and managed by the
Humboldt Redwood Company. The
benefits of including these lands in the
designation are comparatively small,
since the habitat on the covered lands
is already being monitored and managed
under the current HCP to improve the
habitat elements that are equivalent to
the physical or biological features that
are outlined in this critical habitat rule.
Because one of the primary threats to
the northern spotted owl is habitat loss
and degradation, the consultation
process under section 7 of the Act for
projects with a Federal nexus in areas
occupied by the species, such as is the
case here, will, in evaluating effects to
the northern spotted owl, evaluate the
effects of the action on the conservation
or function of the habitat for the species
regardless of whether critical habitat is
designated for these lands. The
analytical requirements to support a
jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
included land. However, the HCP
provides habitat conservation measures
that apply for the benefit of northern
spotted owl. In addition, educational
benefits are limited, since outreach
efforts associated with various
conservation actions for this species
have been extensive, and members of
the public, as well as State and local
agencies, are likely familiar with the
species and its biological needs.
Company personnel are knowledgeable
in the ecology of the northern spotted
owl and have contributed to the body of
scientific information about the
northern spotted owl in the redwood
region. In this case, the regulatory and
education benefits of inclusion are less
than the continued benefit of this
conservation partnership.
Humboldt Redwood Company has
made important contributions to our
understanding of the ecology of the
northern spotted owl and its habitats in
the redwood region, and continues to do
so through HCP implementation and
long-term monitoring. The Service
recognizes the conservation value of
PO 00000
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Fmt 4701
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71963
partnerships with non-Federal
landowners, such as the Humboldt
Redwood Company, which allow us to
achieve conservation measures that
would not otherwise be attainable on
these private lands. We have
determined that our conservation
partnership with the Humboldt
Redwood Company HCP, in conjunction
with the conservation measures
provided in the HCP, provide a greater
benefit than would the regulatory and
educational benefits of critical habitat
designation. Furthermore, we have
determined that the additional
regulatory benefits of designating
critical habitat, afforded through the
section 7(a)(2) consultation process, are
minimal because of limited Federal
nexus and because conservation
measures specifically benefitting the
northern spotted owl and its habitat are
in place through the implementation of
the HCP. Therefore, in consideration of
the factors discussed above in the
Benefits of Exclusion section, including
the relevant impact to current and
future partnerships, we have
determined that the benefits of
exclusion of lands covered by the
Humboldt Redwood Company HCP
outweigh the benefits of critical habitat
designation.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that the exclusion of
208,172 ac (84,244 ha) from the
designation of critical habitat for the
northern spotted owl of lands owned
and managed by the Humboldt
Redwood Company, as identified in
their HCP, will not result in extinction
of the species because current
conservation efforts under the plan
adequately protect the geographical
areas containing the physical or
biological features essential to the
conservation of the species. For projects
having a Federal nexus and affecting
northern spotted owls in occupied
areas, which is the case here, the
jeopardy standard of section 7 of the
Act, coupled with protection provided
by the current Humboldt Redwood
Company HCP, would provide a high
level of assurance that this species will
not go extinct as a result of excluding
these lands from the critical habitat
designation. Based on the above
discussion, the Secretary is exercising
his discretion under section 4(b)(2) of
the Act to exclude from this final
critical habitat designation portions of
the proposed critical habitat units or
subunits that are within the Humboldt
Redwood Company HCP boundary
totaling 208,172 ac (84,244 ha).
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Regli Estate Habitat Conservation Plan
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, that are
covered under the Regli Estate HCP in
the Redwood Coast CHU. The permit
issued under this HCP in 1995 (noticed
July 17, 1995 (60 FR 36432) and issued
August 30, 1995) covers 484 ac (196 ha)
in Humboldt County, California, to be
used for forest management activities.
Two listed species, the marbled
murrelet and northern spotted owl, as
well as two nonlisted species, are
covered under the incidental take
permit. Provisions in the HCP for the
northern spotted owl include the
mitigation of impacts from forest
management activities by using singletree selection silviculture that would
retain owl foraging habitat suitability in
all harvested areas; protecting an 80-ac
(32-ha) core nesting area for one of the
two owl pairs known to exist in the HCP
area; and planting conifer tree species
on approximately 73 ac (30 ha) of
currently nonforested habitat within the
HCP area, which would result in a net
increase in forested habitat over time. In
addition, take of owls would be
minimized using seasonal protection
measures specified in the HCP.
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands that might trigger such
consultation is limited since there is
little likelihood of an action that will
involve Federal funding, authorization,
or implementation. In addition, since
the lands under the HCP in question are
occupied by the northern spotted owl, if
a Federal nexus were to occur, section
7 consultation would already be
triggered and the Federal agency would
consider the effects of its actions on the
species through a jeopardy analysis. The
additional conservation that could be
attained through the supplemental
adverse modification analysis for
critical habitat under section 7 would
not be significant because this HCP
incorporates measures that specifically
benefit the northern spotted owl and its
habitat. The HCP incorporates
protections and management objectives
for the northern spotted owl designed to
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Jkt 229001
produce a net increase in forested
habitat for the species over time. The
conservation measures identified within
the HCP seek to achieve conservation
goals for northern spotted owls and
their habitat can be of greater
conservation benefit than the
designation of critical habitat, which
does not require specific, proactive
actions. HCPs typically provide for
greater conservation benefits to a
covered species than section 7
consultations because HCPs ensure the
long-term protection and management
of a covered species and its habitat. In
addition, funding for such management
is ensured through the Implementation
Agreement. Such assurances are
typically not provided by section 7
consultations, which in contrast to
HCPs, often do not commit the project
proponent to long-term, special
management practices or protections.
Thus, a section 7 consultation typically
does not afford the lands it covers
similar extensive benefits as an HCP. In
addition, the protections of critical
habitat come into play only in the event
of a Federal action, whereas the
protections of an HCP are in continuous
force.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Any information about the
northern spotted owl and its habitat that
reaches a wider audience, including
parties engaged in conservation
activities, is valuable. The landowners
in this case are aware of the needs of the
species through the development of
their HCP, in which they have agreed to
take measures to protect the northern
spotted owl and its habitat. Any
additional educational and information
benefits that might arise from critical
habitat designation have been largely
accomplished through the public review
of and comment on the HCP and the
associated permit. The release of the
Revised Recovery Plan for the Northern
Spotted Owl in 2011 was also preceded
by outreach efforts and public comment
opportunities. In addition, the
rulemaking process associated with
critical habitat designation included
several opportunities for public
comment, and we also held multiple
public information meetings across the
range of the species. Through these
outreach opportunities, land owners,
State agencies, and local governments
PO 00000
Frm 00090
Fmt 4701
Sfmt 4700
have become aware of the current status
of and threats to the northern spotted
owl, and the conservation actions
needed for recovery.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, CALFIRE has
indicated to us that it is unlikely to
impose any new requirements on
project proponents if critical habitat is
designated in areas already subject to
California Forest Practice Rules.
Therefore, we believe this potential
benefit of critical will be limited.
Benefits of Exclusion—The benefits of
excluding from critical habitat
designation the approximately 484 ac
(196 ha) of lands currently managed
under the HCP are greater than those
that would accrue from inclusion. We
have developed a conservation
partnership with Regli Estate through
the development and implementation of
the HCP. The conservation measures
that provide a benefit to the northern
spotted owl and its habitat have been,
and will continue to be, implemented
continuously beginning with the
issuance of the Incidental Taking Permit
in 1995 and continuing through the 20year term of the permit, through 2015.
These measures include use of singletree selection silviculture to retain owl
foraging habitat suitability, protection of
an 80-ac (32-ha) core nesting area for
one of the two known owl pairs, and
reforestation of approximately 73 ac (30
ha) of ‘‘old-field’’ grasslands, the latter
which has already been accomplished
and will result in a net increase in
forested habitat over time. A significant
benefit of exclusion would be the
increased likelihood of this landowner
continuing with conservation actions for
the northern spotted owl and its habitat,
such as the development of a new HCP
and application for a new incidental
take permit upon the expiration of their
current permit.
The HCP incorporates protections and
management objectives for the northern
spotted owl and the habitat upon which
it depends for breeding, sheltering, and
foraging activities. The approach used
in the HCP, along with our close
coordination with the landowner,
addresses the identified threats to
northern spotted owl on covered lands
that contain the physical or biological
features essential to the conservation of
the species. The conservation measures
identified within the HCP seek to
maintain or surpass current habitat
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suitability for northern spotted owls,
and thus can be of greater conservation
benefit than the designation of critical
habitat, which does not require specific,
proactive actions.
Excluding the approximately 484 ac
(196 ha) of this covered land from
critical habitat designation will sustain
and enhance the working relationship
between the Service and the owner, and
will increase the likelihood that the
owner will update the HCP and apply
for a new incidental take permit when
the current permit expires in 2015. The
willingness of the landowner to work
with the Service to manage federally
listed species will continue to reinforce
those conservation efforts and our
partnership, which contribute toward
achieving recovery of the northern
spotted owl. We consider this voluntary
partnership in conservation important
in maintaining our ability to implement
recovery actions such as habitat
protection and restoration, and
beneficial management actions for
species on non-Federal lands. The
Service recognizes the importance of
non-Federal landowners in contributing
to the conservation and recovery of
listed species, and seeks to maintain
and promote these partnerships for the
benefit of all threatened and endangered
species.
We consider conservation
partnerships with private landowners to
represent an integral component of
recovery for listed species. However, the
designation of critical habitat could
have an unintended negative effect on
our relationship with non-Federal
landowners due to the perceived
imposition of redundant government
regulation. If lands within the Regli
Estate HCP are designated as critical
habitat, it would likely have a chilling
effect on our continued ability to seek
new partnerships with future
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement various
conservation actions (such as SHAs,
HCPs, and other conservation plans)
that we would be unable to accomplish
otherwise. We therefore consider the
positive effect of excluding proven
conservation partners from critical
habitat to be a significant benefit of
exclusion.
The Benefits of Exclusion Outweigh
the Benefits of Inclusion—We reviewed
and evaluated the exclusion of
approximately 484 ac (196 ha) of land
owned and managed by Regli Estate
from our designation of critical habitat.
The benefits of including these lands in
the designation are relatively small.
Because one of the primary threats to
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the northern spotted owl is habitat loss
and degradation, the consultation
process under section 7 of the Act for
projects with a Federal nexus in areas
occupied by the species, such as is the
case here, will, in evaluating effects to
the northern spotted owl, evaluate the
effects of the action on the conservation
or function of the habitat for the species
regardless of whether critical habitat is
designated for these lands. The
analytical requirements to support a
jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
included land. However, the HCP
provides habitat conservation measures
that apply for the benefit of northern
spotted owl, and remains in place
regardless of critical habitat. In addition,
for the reasons described above, the
educational benefits of designation in
this instance are minimal.
Exclusion of these lands from critical
habitat will help foster the partnership
we have developed with the company,
through the continuing implementation
of the HCP. Furthermore, we believe
exclusion of these lands from critical
habitat will increase the likelihood that
the owner will update the HCP and
apply for a new incidental take permit
when the current permit expires in
2015, thereby ensuring continuing
benefits to the northern spotted owl and
its habitat on these lands. The HCP has
provisions for protecting and
maintaining northern spotted owl
habitat that exceed the conservation
benefits that could be obtained through
section 7 consultation. These measures
will not only prevent the degradation of
essential features of the northern
spotted owl, but they will maintain or
improve these features over time.
Finally, this partnership may serve as a
model and aid in fostering future
cooperative relationships with other
parties in other locations for the benefit
of listed species.
In summary, we have determined that
our conservation partnership with the
Regli Estate, in conjunction with the
conservation measures provided in the
HCP, provide a greater benefit than
would the regulatory and educational
benefits of critical habitat designation.
We have determined that the additional
regulatory benefits of designating
critical habitat, afforded through the
section 7(a)(2) consultation process, are
minimal because the probability of a
Federal nexus for projects on this land
is limited in scope and will occur
episodically at most. On the other hand,
the conservation measures specifically
benefitting the northern spotted owl and
its habitat are in continuous effect
PO 00000
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71965
throughout the lands covered by this
HCP. Finally, the Service acknowledges
the importance of conservation
partnerships with private landowners in
achieving the recovery of listed species,
such as the northern spotted owl, and
recognizes the positive benefits that
accrue to conservation through the
exclusion of recognized conservation
partners from critical habitat. Therefore,
in consideration of the factors discussed
above in the Benefits of Exclusion
section, including the relevant impact to
current and future partnerships, we
have determined that the benefits of
exclusion of lands covered by the Regli
Estate Habitat Conservation Plan
outweigh the benefits of critical habitat
designation.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that the exclusion of 484 ac
(196 ha) of Regli Estate lands from the
designation of critical habitat for the
northern spotted owl, as identified in
their HCP, will not result in extinction
of the species because current
conservation efforts under the plan
adequately protect the geographical
areas containing the physical or
biological features essential to the
conservation of the species. For projects
having a Federal nexus and affecting
northern spotted owls in occupied
areas, as is the case here, the jeopardy
standard of section 7 of the Act, coupled
with protection provided under the
terms of the HCP, would provide
assurances that this species will not go
extinct as a result of excluding these
lands from the critical habitat
designation. Based on the above
discussion, the Secretary is exercising
his discretion under section 4(b)(2) of
the Act to exclude from this final
critical habitat designation portions of
the proposed critical habitat units or
subunits that are within the Regli Estate
Habitat Conservation Plan boundary
totaling 484 ac (196 ha).
Terra Springs Habitat Conservation Plan
In this final designation, the Secretary
has exercised his authority to exclude
39 ac (16 ha) of lands from critical
habitat, under section 4(b)(2) of the Act,
that are covered under the Terra Springs
LLC HCP in subunit 6 of the Interior
California Coast CHU. The permit
issued in association with this HCP
(noticed October 29, 2002 (67 FR
65998), and issued in 2004) has a term
of 30 years and includes a total of 76 ac
(31 ha) of covered land second-growth
forest lands in Napa County, California.
This HCP addresses the effects of timber
harvest and conversion of forest lands to
vineyard and subsequent maintenance,
in perpetuity, of suitable northern
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spotted owl habitat characteristics on
the remaining 39 ac (16 ha) of mature
(80–120 years) Douglas-fir forest on
covered lands. The HCP provides a
conservation program to minimize and
mitigate for the covered activities,
including a deed restriction that
requires management in perpetuity of 39
ac (16 ha) of the property as nesting and
roosting quality habitat for the northern
spotted owl. In addition to mitigation,
the Plan also includes measures to
minimize take of the northern spotted
owl.
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands that might trigger such
consultation is limited since there is
little likelihood of an action that will
involve Federal funding, authorization,
or implementation. In addition, since
the lands under the HCP in question are
occupied by the northern spotted owl, if
a Federal nexus were to occur, section
7 consultation would already be
triggered and the Federal agency would
consider the effects of its actions on the
species through a jeopardy analysis. The
additional conservation that could be
attained through the supplemental
adverse modification analysis for
critical habitat under section 7 would
not be significant because this HCP
incorporates measures that specifically
benefit the northern spotted owl and its
habitat. The HCP incorporates
protections and management objectives
for the northern spotted owl designed to
maintain suitable habitat on the
property for the species in perpetuity.
The conservation measures identified
within the HCP seek to achieve
conservation goals for northern spotted
owls and their habitat that can be of
greater conservation benefit than the
designation of critical habitat, which
does not require specific, proactive
actions. HCPs typically provide for
greater conservation benefits to a
covered species than section 7
consultations because HCPs ensure the
long-term protection and management
of a covered species and its habitat. In
addition, funding for such management
is ensured through the Implementation
Agreement. Such assurances are
typically not provided by section 7
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consultations, which in contrast to
HCPs, often do not commit the project
proponent to long-term, special
management practices or protections.
Thus, a section 7 consultation typically
does not afford the lands it covers
similar extensive benefits as an HCP. In
addition, the protections of critical
habitat come into play only in the event
of a Federal action, whereas the
protections of an HCP are in continuous
force.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. The landowners in this case are
aware of the needs of the species
through the development of their HCP,
in which they have agreed to take
measures to protect the northern spotted
owl and its habitat. Any additional
educational and information benefits
that might arise from critical habitat
designation have been largely
accomplished through the public review
of and comment on the HCP and the
associated permit. The release of the
Revised Recovery Plan for the Northern
Spotted Owl in 2011 was also preceded
by outreach efforts and public comment
opportunities. In addition, the
rulemaking process associated with
critical habitat designation included
several opportunities for public
comment, and we also held multiple
public information meetings across the
range of the species. Through these
outreach opportunities, land owners,
State agencies, and local governments
have become aware of the current status
of and threats to the northern spotted
owl, and the conservation actions
needed for recovery.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, CALFIRE has
indicated to use that it is unlikely to
impose any new requirements on
project proponents if critical habitat is
designated in areas already subject to
California Forest Practice Rules.
Therefore, we believe this potential
benefit of critical will be limited.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 39 ac (16 ha)
of lands currently managed under the
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HCP are substantial. We have developed
a conservation partnership with Terra
Springs through the development and
implementation of the HCP.
Excluding the approximately 39 ac
(16 ha) owned and managed by Terra
Springs, LLC from critical habitat
designation will sustain and enhance
the working relationship between the
Service and the company. The
willingness of the company to work
with the Service to manage federally
listed species will continue to reinforce
those conservation efforts and our
partnership, which contribute toward
achieving recovery of the northern
spotted owl. We consider this voluntary
partnership in conservation important
in maintaining our ability to implement
recovery actions, such as habitat
protection and restoration, and
beneficial management actions for
species on non-Federal lands. The
Service recognizes the importance of
non-Federal landowners in contributing
to the conservation and recovery of
listed species, and seeks to maintain
and promote these partnerships for the
benefit of all threatened and endangered
species.
We consider conservation
partnerships with private landowners to
represent an integral component of
recovery for listed species. However, the
designation of critical habitat could
have an unintended negative effect on
our relationship with non-Federal
landowners due to the perceived
imposition of redundant government
regulation. If lands within the Terra
Springs HCP are designated as critical
habitat, it would likely have a chilling
effect on our continued ability to seek
new partnerships with future
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement various
conservation actions (such as SHAs,
HCPs, and other conservation plans)
that we would be unable to accomplish
otherwise. We therefore consider the
positive effect of excluding proven
conservation partners from critical
habitat to be a significant benefit of
exclusion.
The Benefits of Exclusion Outweigh
the Benefits of Inclusion—We reviewed
and evaluated the exclusion of
approximately 39 ac (16 ha) of land
owned and managed by Terra Springs,
LLC from our designation of critical
habitat. The benefits of including these
lands in the designation are relatively
small. Because one of the primary
threats to the northern spotted owl is
habitat loss and degradation, the
consultation process under section 7 of
the Act for projects with a Federal nexus
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in areas occupied by the species, such
as is the case here, will, in evaluating
effects to the northern spotted owl,
evaluate the effects of the action on the
conservation or function of the habitat
for the species regardless of whether
critical habitat is designated for these
lands. The analytical requirements to
support a jeopardy determination on
excluded land are similar, but not
identical, to the requirements in an
analysis for an adverse modification
determination on included land.
However, the HCP provides habitat
conservation measures that apply for the
benefit of northern spotted owl, and
remains in place regardless of critical
habitat. These measures will not only
prevent the degradation of essential
features of the northern spotted owl, but
will preserve some suitable northern
spotted owl habitat in perpetuity.
We have determined that the
preservation of our conservation
partnership with Terra Springs, in
conjunction with the conservation
measures provided by the HCP, provide
a greater benefit than would the
regulatory and educational benefits of
critical habitat designation. The
additional regulatory benefits of
designating critical habitat, afforded
through the section 7(a)(2) consultation
process, are minimal because there is
little probability of a Federal nexus on
these private lands. On the other hand,
the conservation measures specifically
benefitting the northern spotted owl and
its habitat are in continuous effect
throughout the lands covered by this
HCP. Finally, the Service acknowledges
the importance of conservation
partnerships with private landowners in
achieving the recovery of listed species,
such as the northern spotted owl, and
recognizes the positive benefits that
accrue to conservation through the
exclusion of recognized conservation
partners from critical habitat. Therefore,
in consideration of the factors discussed
above in the Benefits of Exclusion
section, including the relevant impact to
current and future partnerships, we
have determined that the benefits of
exclusion of lands covered by the Terra
Springs Habitat Conservation Plan
outweigh the benefits of critical habitat
designation.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that the exclusion of 39 ac
(16 ha) from the designation of critical
habitat for the northern spotted owl of
lands owned and managed by Terra
Springs, LLC, as identified in their HCP,
will not result in extinction of the
species because current conservation
efforts under the plan adequately
protect the geographical areas
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containing the physical or biological
features essential to the conservation of
the species. For projects having a
Federal nexus and affecting northern
spotted owls in occupied areas, as is the
case here, the jeopardy standard of
section 7 of the Act, coupled with
protection provided under the terms of
the HCP would provide assurances that
this species will not go extinct as a
result of excluding these lands from the
critical habitat designation. Based on
the above discussion, the Secretary is
exercising his discretion under section
4(b)(2) of the Act to exclude from this
final critical habitat designation
portions of the proposed critical habitat
units or subunits that are within the
Terra Springs, LLC Habitat Conservation
Plan boundary totaling 76 ac (31 ha).
State of Oregon
No lands covered under an HCP in the
State of Oregon are designated as critical
habitat.
State of Washington
Cedar River Watershed Habitat
Conservation Plan in King County,
Washington
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, totaling
approximately 3,244 ac (1,313 ha) that
are covered under the Cedar River
Watershed HCP (Cedar River HCP) in
King County, Washington. The permit
associated with this HCP was noticed in
the Federal Register on December 11,
1998 (63 FR 68469), and issued on April
21, 2000. The term of the permit and
HCP is 50 years. The plan was prepared
to address declining populations of
salmon, steelhead, bull trout, northern
spotted owl, marbled murrelet, and 76
unlisted species of fish and wildlife in
the Cedar River watershed. The City of
Seattle’s HCP covers 90,535 ac (36,368
ha) of City-owned land in the upper
Cedar River watershed and the City’s
water supply and hydroelectric
operations on the Cedar River, which
flows into Lake Washington.
Participants involved in the
development and implementation of the
Cedar River HCP include the City of
Seattle, Seattle City Light, Seattle Public
Utilities, Washington Department of
Fish and Wildlife, Washington
Department of Ecology, Muckelshoot
Indian Tribe, King County, and several
conservation-oriented nongovernmental
organizations.
At the time the HCP was approved,
the 90,535 ac (36,638 ha) in upper Cedar
River Watershed, owned and managed
by the City of Seattle as a closed-
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watershed, consisted of approximately
13,889 ac (5,620 ha) of old growth forest
(190–800 years old), 91 ac (37 ha) of
late-successional (120–189 years old),
1,074 ac (435 ha) of mature forests (80–
119 years old), and 70,223 ac (28,418
ha) of second growth forests (greater
than 80 years old). Conservation
strategies in the HCP for covered lands
are centered around protecting and
preserving the remaining old growth,
late-successional, and mature forest
habitats; accelerating the development
of mature forest characteristics in the
existing second growth forests though a
combination of riparian, ecological, and
restoration thinnings; and minimizing
human disturbance through road
closures and road abandonments,
elimination of commercial harvest on
covered lands, and continued
management of the covered lands as a
closed municipal watershed.
At the time the HCP was approved,
only two northern spotted owl
reproductive site centers and two singleresident site centers had been identified
on covered lands. In addition, two
reproductive site enters located outside
the watershed boundary had owl circles
that partially overlap the Cedar River
watershed. The boundaries of all known
reproductive site centers are protected
by the City of Seattle’s commitment to
conservation strategies and speciesspecific measures in the Cedar River
HCP. The objectives of the northern
spotted owl conservation strategy are to
avoid, minimize, and mitigate impacts
of watershed activities to northern
spotted owls, provide a long-term net
benefit to the northern spotted owl, and
contribute to the owl’s recovery. These
objectives are to be accomplished by
protecting existing habitat; enhancing
and recruiting significantly more
nesting, roosting, foraging, and dispersal
habitat in the Cedar River watershed;
and protecting nest sites, reproductive
pairs, and their offspring from
disturbances. In addition, the City of
Seattle committed to implementing a
monitoring and research program that
will be used to help determine if the
conservation strategies for the northern
spotted owl achieve their conservation
objectives and support the adaptive
management program designed to
provide a means by which conservation
measures could be altered to meet these
conservation objectives. Elements of the
monitoring and research program
important to northern spotted owls
include a project to improve the City’s
forest habitat inventory and data base, a
project to track changes in forest habitat
characteristics, a study to classify oldgrowth types in the Cedar River
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watershed, and projects to monitor all
forest restoration efforts.
Benefits of Inclusion—We find that
there is minimal benefit from
designating critical habitat for the
northern spotted owl within the Cedar
River HCP because, as explained above,
these covered lands are already
managed for the conservation of the
species over the term of the HCP. As
discussed above, the inclusion of these
covered lands as critical habitat could
provide some additional Federal
regulatory benefits for the species
consistent with the conservation
standard based on the Ninth Circuit
Court’s decision in Gifford Pinchot. A
benefit of inclusion would be the
requirement of a Federal agency to
ensure that their actions on these nonFederal lands would not likely result in
the destruction or adverse modification
of critical habitat. However, this
additional analysis to determine
whether a Federal action is likely to
result in destruction or adverse
modification of critical habitat is not
likely to be significant because these
covered lands are not under Federal
ownership making the application of
section 7 less likely, and we are not
aware of any other potential Federal
nexus. In addition, any Federal agency
proposing a Federal action on these
covered lands would have to consider
the conservation restrictions on these
lands and incorporate measures
necessary to ensure the conservation of
these resources, thereby reducing any
incremental benefit critical habitat may
have.
The incremental benefit from
designating critical habitat for the
northern spotted owl within the Cedar
River HCP is further minimized
because, as explained above, these
covered lands are already managed for
the conservation of the species over the
term of the HCP and the conservation
measures provided by the HCP will
provide greater protection to northern
spotted owl habitat than the designation
of critical habitat.
The Cedar River HCP provides for the
needs of the northern spotted owl by
protecting and preserving thousands of
acres of existing suitable northern
spotted owl habitat in the Cedar River
watershed, committing to the
enhancement and recruitment of
approximately 70,000 ac (28,328 ha) of
additional habitat over the term of the
Cedar River HCP, and implementing
species-specific conservation measures
designed to avoid and minimize impacts
to northern spotted owls. Monitoring
and research and adaptive management
programs were developed to track HCP
progress over the term of the permit and
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provide critical feedback on
management actions that allow for
management changes in response to this
feedback or to larger trends outside the
HCP boundaries such as climate change.
Therefore, designation of critical habitat
would be redundant on these lands, and
would not provide additional
measureable protections.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Designation of critical habitat
would inform State agencies and local
governments about areas that could be
conserved under State laws or local
ordinances, such as the Washington
State Growth Management Act, which
encourage the protection of ‘‘critical
areas’’ including fish and wildlife
habitat conservation areas. Any
information about the northern spotted
owl and its habitat that reaches a wider
audience, including parties engaged in
conservation activities, is valuable.
However, the additional educational
and informational benefits that might
arise from critical habitat designation
here have been largely accomplished
through the public review and comment
of the HCP, Environmental Impact
Statement, and Implementation
Agreement. Through these processes,
this HCP included intensive public
involvement.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, in Washington, State
forest practices regulations provide an
exemption for review for lands managed
under an HCP. Thus, even should the
State respond to designation of critical
habitat by instituting additional
protections, the HCP will not be subject
to those protections as the species is
considered already addressed, and
therefore no additional benefit would
accrue through State regulations.
Benefits of Exclusion—Compared to
the minimal benefits of inclusion of this
area in critical habitat, the benefits of
excluding from designated critical
habitat the approximately 3,244 ac
(1,313 ha) of lands currently managed
under the HCP are more substantial.
HCP conservation measures that
provide a benefit to the northern spotted
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owl and its habitat have been
implemented continuously since 1998
on all covered lands owned and
managed under the Cedar River HCP.
Excluding the lands managed under the
Cedar River HCP from critical habitat
designation will sustain and enhance
the working relationship between the
Service and the permit holder.
Excluding lands within HCPs from
critical habitat designation can also
facilitate our ability to seek new
partnerships with future HCP
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement
conservation actions that we would be
unable to accomplish otherwise. If lands
within HCP plan areas are designated as
critical habitat, it would likely have a
negative effect on our ability to establish
new partnerships to develop HCPs,
particularly large, regional HCPs that
involve numerous participants and/or
address landscape-level conservation of
species and habitats. By excluding these
lands, we preserve our current
partnerships and encourage additional
conservation actions in the future.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—In summary, we
determine that the benefits of excluding
the Cedar River HCP from the
designation of critical habitat for the
northern spotted owl outweigh the
benefits of including this area in critical
habitat. The regulatory and
informational benefits of inclusion will
be minimal. Because one of the primary
threats to the northern spotted owl is
habitat loss and degradation, the
consultation process under section 7 of
the Act for projects with a Federal nexus
will, in evaluating effects to the
northern spotted owl, evaluate the
effects of the action on the conservation
or functionality of the habitat for the
species regardless of whether critical
habitat is designated for these lands.
The analytical requirements to support
a jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
included land. However, the additional
benefits of inclusion on the section 7
process are relatively unlikely because a
Federal nexus on these relatively remote
forest lands would rarely occur. If one
were to occur, it would most likely be
a linear project such as a powerline,
pipeline, or transportation. In the last 12
years of the permit, none have occurred.
In addition, the management
strategies of the Cedar River HCP are
designed to protect and enhance habitat
for the northern spotted owl. The Cedar
River HCP includes species-specific
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avoidance and minimization measures,
monitoring requirements to track
success and ensure proper
implementation, and forest management
practices and habitat conservation
objectives that benefit the northern
spotted owl and its habitat which
further minimizes the benefits that
would be provided as a result of a
critical habitat designation.
On the other hand, the benefit of
excluding these lands is that it will help
us maintain an important and successful
conservation partnership with a major
city, and may encourage others to join
in conservation partnerships as well.
For these reasons, we have determined
that the benefits of exclusion outweigh
the benefits of inclusion in this case.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of
approximately 3,244 ac (1,313 ha) of
lands covered under the Cedar River
HCP will not result in extinction of the
northern spotted owl because the Cedar
River HCP provides for the needs of the
northern spotted owl by protecting and
preserving thousands of acres of existing
suitable northern spotted owl habitat in
the Cedar River watershed, committing
to the enhancement and recruitment of
additional habitat over the term of the
Cedar River HCP, and implementing
species-specific conservation measures
designed to avoid and minimize impacts
to northern spotted owls. In addition,
monitoring, research, and adaptive
management programs were developed
to track HCP progress and provide
critical feedback on management actions
that allow for management changes in
response. Further, for projects having a
Federal nexus and affecting northern
spotted owls in occupied areas, the
jeopardy standard of section 7 of the
Act, coupled with protection provided
by the Cedar River HCP, would provide
a level of assurance that this species
will not go extinct as a result of
excluding these lands from the critical
habitat designation. The species is also
protected from take under section 9 of
the Act. For these reasons we find that
exclusion of these lands within the
Cedar River HCP will not result in
extinction of the northern spotted owl.
Based on the above discussion, the
Secretary is exercising his discretion
under section 4(b)(2) of the Act to
exclude from this final critical habitat
designation portions of the proposed
critical habitat units or subunits that are
within the Cedar River Watershed HCP
boundary totaling about 3,244 ac (1,313
ha).
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Green River Water Supply Operations
and Watershed Protection Habitat
Conservation Plan
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, totaling
approximately 3,162 ac (1,280 ha) that
are covered under Tacoma Water’s
Green River Water Supply Operations
and Watershed Protection HCP (Green
River HCP) in the State of Washington.
The permit associated with this HCP
was noticed in the Federal Register on
August 21, 1998 (63 FR 44918), and
issued on July 6, 2001. The term of the
permit and HCP is 50 years. The Green
River HCP addresses upstream and
downstream fish passage issues, flows
in the middle and lower Green River,
and timber and watershed-management
activities on 15,843 ac (6,411 ha) of
Tacoma-owned land in the upper Green
River Watershed. The Green River HCP
covers 32 species of fish and wildlife,
including the northern spotted owl and
10 other listed species, under an
agreement designed to allow the
continuation of water-supply operations
on the Green River, forest management
practice in the upper Green River
watershed, and aquatic restoration and
enhancement activities. The plan also
provides for fish passage into and out of
the upper Green River Watershed.
The City of Tacoma manages
approximately 15,843 ac (6,411 ha) of
covered lands in the upper Green River
watershed for water quality benefits and
timber harvest. The Green River HCP
divides Tacoma-owned lands into three
distinct management zones, and
contains a series of conservation
measures that address upland forest
management, riparian buffers, and avoid
or minimize impacts to covered species.
Each management zone has specific
goals and objectives that focus on water
quality, fish and wildlife, and timber
management. The Natural Zone contains
5,850 ac (2,370 ha). In this zone,
Tacoma is committed to conduct no
timber harvest management except for
danger tree removal. The long-term goal
is to allow these timber stands to
develop into late-seral (greater than 155
years old) and mature timber (106–155
years old) conditions through natural
succession. The Conservation Zone
contains 5,180 ac (2,080 ha) of covered
lands. In this zone, Tacoma will
conduct no even-aged harvest in conifer
stands and no harvest of any form in
stands over 100 years old (except for
danger tree removal). Tacoma may
conduct uneven-aged harvest in stands
less than 100 years old to improve stand
condition. Once stands reach 100 years
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of age, no timber harvest will be
conducted and stands will be allowed to
develop through natural succession. The
Commercial Zone contains 3,858 ac
(1,561 ha) of covered lands. Stands in
this zone will be managed sustainably
for timber production on a 70-year
rotation. A considerable area of lateseral and mature forest capable of
supporting nesting, roosting, foraging,
and dispersal of northern spotted owls
is expected to develop over time in the
Natural Zone, Conservation Zone, and
to a lesser extent, riparian buffers. Over
the term of the permit, the amount of
late-seral forest is expect to increase
from 41 ac (17 ha) to 292 ac (118 ha),
and the amount of mature forest is
expected to increase from 268 ac (108
ha) to 4,027 ac (1,630 ha).
At the time the permit was approved,
there were 16 known northern spotted
owl activity centers within 1.8 miles of
covered lands. Fifteen were
reproductive site centers and one was a
single-resident site center. Only the
single-resident site center was actually
located on covered lands. Speciesspecific conservation measures are
designed to protect habitat around
known nest sites and minimize
disturbance during the nesting season.
Benefits of Inclusion—We find that
there is minimal benefit from
designating critical habitat for the
northern spotted owl within the Green
River HCP because, as explained above,
these covered lands are already
managed for the conservation of the
species over the term of the HCP. As
discussed above the inclusion of these
covered lands as critical habitat could
provide some additional Federal
regulatory benefits for the species
consistent with the conservation
standard based on the Ninth Circuit
Court’s decision in Gifford Pinchot. A
benefit of inclusion would be the
requirement of a Federal agency to
ensure that their actions on these nonFederal lands would not likely result in
the destruction or adverse modification
of critical habitat. However, this
additional analysis to determine
whether a Federal action is likely to
result in the destruction or adverse
modification of critical habitat is not
likely to be significant not only because
a Federal nexus is unlikely (these
covered lands are not under Federal
ownership), any Federal agency
proposing a Federal action on these
covered lands would likely consider the
conservation value of these lands and
take the necessary steps to avoid
adverse effects to northern spotted owl
habitat. If a Federal nexus did occur, it
would most likely be in the context of
a linear project such as a powerline,
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pipeline, or transportation project. In
the last 11 years of the permit, none
have occurred.
Another factor that minimizes any
regulatory benefits that might result
from critical habitat designation is that
the Green River HCP already provides
for the needs of the northern spotted
owl by protecting and preserving acres
of existing suitable northern spotted owl
habitat in the Green River watershed,
committing to the enhancement and
recruitment of additional area of
suitable habitat over the term of the
Green River HCP, and implementing
species-specific conservation measures
designed to avoid and minimize impacts
to northern spotted owls. Monitoring
was developed to track HCP progress
over the term of the permit and provide
critical feedback on management
actions, which allow for management
changes in response to this feedback or
to larger trends outside the HCP
boundaries such as climate change.
Therefore, designation of critical habitat
would be redundant on these lands, and
would not provide additional
measurable protections.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Designation of critical habitat
would inform State agencies and local
governments about areas that could be
conserved under State laws or local
ordinances, such as the Washington
State Growth Management Act, which
encourage the protection of ‘‘critical
areas’’ including fish and wildlife
habitat conservation areas. Any
information about the northern spotted
owl and its habitat that reaches a wider
audience, including parties engaged in
conservation activities, is valuable.
However, the additional educational
and informational benefits that might
arise from critical habitat designation
here have been largely accomplished
through the public review and comment
on the HCP, Environmental Impact
Statement, and Implementation
Agreement.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, in Washington, State
forest practices regulations provide an
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exemption for review for lands managed
under an HCP. Thus, even should the
State respond to designation of critical
habitat by instituting additional
protections, the HCP will not be subject
to those protections as the species is
considered already addressed, and
therefore no additional benefit would
accrue through State regulations.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 3,162 ac
(1,280 ha) of lands currently managed
under the HCP are substantial. HCP
conservation measures that provide a
benefit to the northern spotted owl and
its habitat have been implemented
continuously since 2001 on all covered
lands owned and managed under the
Green River HCP. Excluding the lands
managed under the Green River HCP
from critical habitat designation will
sustain and enhance the working
relationship between the Service and
the permit holder.
Excluding lands within HCPs from
critical habitat designation may also
support our continued ability to seek
new partnerships with future HCP
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement
conservation actions that we would be
unable to accomplish otherwise. If lands
within HCP plan areas are designated as
critical habitat, it would likely have a
negative effect on our ability to establish
new partnerships to develop HCPs,
particularly HCPs address landscapelevel conservation of species and
habitats. By excluding these lands, we
preserve our current partnerships and
encourage additional conservation
actions in the future.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—In summary, we
determine that the benefits of excluding
the Green River HCP from the
designation of critical habitat for the
northern spotted owl outweigh the
benefits of including this area in critical
habitat. The regulatory and
informational benefits of inclusion will
be minimal. Because one of the primary
threats to the northern spotted owl is
habitat loss and degradation, the
consultation process under section 7 of
the Act for projects with a Federal nexus
will, in evaluating effects to the
northern spotted owl, evaluate the
effects of the action on the conservation
or functionality of the habitat for the
species regardless of whether critical
habitat is designated for these lands.
The analytical requirements to support
a jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
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adverse modification determination on
included land. However, any benefits
from the section 7 process are unlikely
because Federal projects would be rare
on these relatively remote forest lands.
The regulatory benefits of inclusion are
even more minimal in light of the fact
that the Green River HCP includes
species-specific avoidance and
minimization measures, monitoring
requirements to track success and
ensure proper implementation, and
forest management practices and habitat
conservation objectives that benefit the
northern spotted owl and its habitat,
which exceeds any conservation value
provided as a result of a critical habitat
designation. On the other hand, the
benefit of excluding these lands is that
it will help us maintain an important
and successful conservation partnership
with a major city, and may encourage
others to join in conservation
partnerships as well. Therefore, we find
that the benefits of exclusion of the
lands covered by Green River HCP
outweigh the benefits of inclusion.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of
approximately 3,162 ac (1,280 ha) of
lands covered under the Green River
HCP will not result in extinction of the
northern spotted owl because the Green
River HCP provides for the needs of the
northern spotted owl by protecting and
preserving acres of existing suitable
northern spotted owl habitat in the
Green River watershed, committing to
the enhancement and recruitment of
additional area of suitable habitat over
the term of the Green River HCP, and
implementing species-specific
conservation measures designed to
avoid and minimize impacts to northern
spotted owls. Monitoring was developed
to track HCP progress over the term of
the permit and provide critical feedback
on management actions, which allow for
management changes in response to this
feedback or to larger trends outside the
HCP boundaries such as climate change.
The conservation measures provided by
this HCP have been implemented
continuously since 1998 on all covered
lands owned and managed under the
Green River HCP. Further, for projects
having a Federal nexus and affecting
northern spotted owls in occupied
areas, the jeopardy standard of section
7 of the Act, coupled with protection
provided by the Green River HCP,
would provide a level of assurance that
this species will not go extinct as a
result of excluding these lands from the
critical habitat designation. The species
is also protected by ESA section 9,
which prohibits the take of listed
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species. For these reasons, we find that
exclusion of these lands within the
Green River HCP will not result in
extinction of the northern spotted owl.
Based on the above discussion, the
Secretary is exercising his discretion
under section 4(b)(2) of the Act to
exclude from this final critical habitat
designation portions of the proposed
critical habitat units or subunits that are
within the Green River HCP boundary
totaling about 3,162 ac (1,280 ha).
Plum Creek Timber Central Cascades
Habitat Conservation Plan
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, totaling about
33,144 ac (13,413 ha) that are covered
under the Plum Creek Timber Central
Cascades HCP (Plum Creek HCP) in the
State of Washington. The permit
associated with the Plum Creek HCP
was first noticed in the Federal Register
on November 17, 1995 (60 FR 57722),
issued on June 27, 1996, and later
modified in December of 1999 as
noticed on February 10, 2000 (65 FR
6590). The permit has a term of 50 years
(with an option to extend to 100 years
if certain conditions are met) and
currently covers 84,600 ac (34,236 ha) of
lands in the Interstate-90 corridor in
King and Kittitas Counties, Washington.
The HCP includes over 315 species of
fish and wildlife, including the northern
spotted owl and 7 other listed species.
The plan addresses forest-management
activities across an area of industrial
timberlands in Washington’s central
Cascade Mountains, and provides for
management of the northern spotted owl
based on landscape conditions tailored
to the guidelines provided by the NWFP
by providing additional protection to
northern spotted owl sites near latesuccessional reserves. Wildlife trees are
retained in buffers of natural features
(e.g., caves, wetlands, springs, cliffs,
talus slopes) and streams, as well as
scattered and clumped within harvest
units. The HCP also requires Plum
Creek to maintain and grow nesting,
roosting, and foraging habitat as well as
habitat that can be used for foraging and
dispersal. They are also required to
provide forests of various structural
stages across all of their HCP
ownerships. This commitment of owl
habitat and forest stages, in combination
with wildlife trees retained within
harvest units and stream and landscapefeature buffers will provide a matrix of
habitat conditions that complements the
owl habitat provided in the Plum Creek
HCP and nearby LSRs. Stands
containing scattered leave trees
following harvest will be expected to
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become more valuable for northern
spotted owls at earlier ages than those
harvested using previous methods.
At the time the permit was approved,
there were 107 known northern spotted
owl activity centers within 1.82 miles of
covered lands, which included
reproductive site centers, single-resident
site centers, and historic sites. A
detailed description of each sites history
is provided in the HCP and associated
technical papers.
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands is small unless it is a larger project
covering adjacent Federal lands as well,
in which case section 7 consultation
would already be triggered and the
Federal agency would consider the
effects of its actions on the species. In
addition, although the standards of
jeopardy and adverse modification are
different, the margin of conservation
that could be attained through section 7
would not be significant in light of the
benefits already derived from the HCP.
HCPs typically provide for greater
conservation benefits to a covered
species than section 7 consultations
because HCPs ensure the long-term
protection and management of a covered
species and its habitat. In addition,
funding for such management is
ensured through the Implementation
Agreement. Such assurances are
typically not provided by section 7
consultations, which in contrast to
HCPs, often do not commit the project
proponent to long-term, special
management practices or protections.
Thus, a section 7 consultation typically
does not afford the lands it covers
similar extensive benefits as a HCP. The
development and implementation of
HCPs provide other important
conservation benefits, including the
development of biological information
to guide the conservation efforts and
assist in species conservation, and the
creation of innovative solutions to
conserve species while meeting the
needs of the applicant. In this case,
substantial information has been
developed from the research,
monitoring, and surveys conducted
under the Plum Creek HCP.
There is minimal incremental benefit
from designating critical habitat for the
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northern spotted owl within the Plum
Creek HCP because, as explained above,
these covered lands are already
managed for the conservation of the
species over the term of the HCP and the
conservation measures provided by the
HCP will provide greater protection to
northern spotted owl habitat than the
designation of critical habitat, which
provides regulatory protections only in
the event of a Federal action. The Plum
Creek HCP provides for the needs of the
northern spotted owl by protecting and
preserving landscape levels of suitable
northern spotted owl nesting, roosting,
and foraging habitat as well as foraging
and dispersal habitat over the term of
the HCP in strategic landscapes, and
implementing species-specific
conservation measures designed to
avoid and minimize effects to northern
spotted owls. The HCP also provides for
the ability to make ongoing adjustments
in a number of forms including active
adaptive forest management. The ability
to change is crucial to meet new
recovery challenges. The Service
negotiated this plan with Plum Creek,
which contains mandatory permit
conditions in the form of HCP
commitments, and continues to be
involved in its ongoing implementation.
The Service conducts compliance
monitoring on the covered lands and
routinely meets with Plum Creek to
discuss ongoing implementation. The
HCP contains provisions that address
ownership changes and the outcomes
expected by the Service. Monitoring was
developed to track HCP progress over
the term of the permit and provide
feedback on management actions.
Therefore, designation of critical habitat
would be redundant on these lands, and
would not provide additional
measureable protections.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Designation of critical habitat
would inform State agencies and local
governments about areas that could be
conserved under State laws or local
ordinances, such as the Washington
State Growth Management Act, which
encourage the protection of ‘‘critical
areas’’ including fish and wildlife
habitat conservation areas. Any
information about the northern spotted
owl and its habitat that reaches a wider
audience, including parties engaged in
conservation activities, is valuable.
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However, Plum Creek is knowledgeable
about the northern spotted owl and the
company has made substantial
contributions in research and science
for the species. The additional
educational and informational benefits
that might arise from critical habitat
designation here have been largely
accomplished through the public review
and comment of the HCP,
Environmental Impact Statement, and
Implementation Agreement, as well as
the supplemental Environmental Impact
Statements associated with the
modification of the HCP and the I–90
Land Exchange. Through these
processes, this HCP included intensive
public involvement. This HCP
continues to receive a high degree of
scrutiny and study by academics, as
well as informational releases to the
general public and has resulted in
improved understanding by the public.
This level of exposure in local
newspapers and television stations
exceeds the level of education that
would come from a designation that
would be read by few people in the
public. Moreover, the rulemaking
process associated with critical habitat
designation includes several
opportunities for public comment, and
thus also provides for public education.
Through these outreach opportunities,
land owners, State agencies, and local
governments have become more aware
of the status of and threats to the
northern spotted owl and the
conservation actions needed for
recovery.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, in Washington, State
forest practices regulations provide an
exemption for review for lands managed
under an HCP. Thus, even should the
State respond to designation of critical
habitat by instituting additional
protections, the HCP will not be subject
to those protections as the species is
considered already addressed, and
therefore no additional benefit would
accrue through State regulations.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 33,144 ac
(13,413 ha) of lands currently managed
under the HCP are more substantial. The
designation of critical habitat could
have an unintended negative effect on
our relationship with non-Federal
landowners due to the perceived
imposition of redundant government
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regulation. If lands within the Plum
Creek HCP area are designated as
critical habitat, it would likely have a
negative effect on our continued ability
to seek new partnerships with future
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement
conservation actions (such as SHAs,
HCPs, and other conservation plans,
particularly those that address
landscape-level conservation of species
and habitats) that we would be unable
to accomplish otherwise. This HCP is
currently serving as a model for ongoing
and future efforts. Due to the high level
of visibility in the Interstate-90 corridor
and the overlap with recreational lands
used by many residents of the Seattle
metropolitan area, this HCP received an
unusual amount of scrutiny. Because it
was one of the first HCPs to address
species using a habitat-based approach,
it set a high standard for application of
the best available science. Plum Creek
has been a long-standing partner and
advocate for HCPs across the nation.
They are viewed as leaders in their
industry and as an example in the HCP
community. By excluding these lands,
we preserve our current private and
local conservation partnerships and
encourage additional conservation
actions in the future.
In addition, exclusion may encourage
Plum Creek to engage in further land
exchanges or sales of their lands for
conservation purposes. This HCP is
located in a key landscape between the
I–90 and other Federal lands and
represents a unique opportunity in
maintaining northern spotted owls at
the western extreme of the Cascades,
which may support dispersal between
the Cascades. This HCP contributes
meaningfully to the recovery of the
northern spotted owl and serves as an
example to other industrial companies.
Since issuance of the Plum Creek HCP,
Plum Creek’s ownership has decreased
from about 170,000 ac (68,797 ha) to
about 81,000 ac (32,780 ha). This
decrease is mostly due to land
exchanges and sales by Plum Creek for
conservation purposes. Conservation
sales have been completed on a number
of sensitive sites. Plum Creek has
worked to find conservation buyers and
has responded to requests from agencies
and conservation groups. They have
sold lands to a various parties using
differing funding mechanisms, but sold
lands have been transferred to public
ownership, primarily the U.S. Forest
Service. All of these lands have been
placed in conservation status. If lands
within the Plum Creek HCP plan areas
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are designated as critical habitat, it
would likely have a negative effect on
the willingness of various groups and
funding sources to accomplish these
conservation sales, and could also
negatively affect Plum Creek’s
willingness to participate in these
acquisition processes.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—The benefits of
including these lands in the designation
are small. Because one of the primary
threats to the northern spotted owl is
habitat loss and degradation, the
consultation process under section 7 of
the Act for projects with a Federal nexus
will, in evaluating effects to the
northern spotted owl, evaluate the
effects of the action on the conservation
or functionality of the habitat for the
species regardless of whether critical
habitat is designated for these lands.
The analytical requirements to support
a jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
included land. However, the HCP
contains provisions for protecting and
maintaining northern spotted owl
habitat that far exceed the conservation
benefits afforded through section 7
consultation. It provides for
comprehensive measures applied across
a large landscape that will benefit
spotted owls. Plum Creek personnel are
knowledgeable in the ecology of the
northern spotted owl and have
contributed to the body of scientific
information about the northern spotted
owl. In this instance, the regulatory and
educational reasons for inclusion have
much less benefit than the continued
benefit of the HCP, including the
educational benefits derived from the
HCP.
On the other hand, the benefits of
exclusion will continue the positive
relationship we currently have with
Plum Creek and encourage others to
engage in conservation partnerships
such as HCPs as well. For these reasons,
we determine that the benefits of
excluding the Plum Creek Cascades HCP
from the designation of critical habitat
for the northern spotted owl outweigh
the benefits of including this area in
critical habitat.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of
approximately 33,144 ac (13,413 ha) of
lands covered under the Plum Creek
HCP will not result in extinction of the
northern spotted owl because the Plum
Creek HCP provides for the needs of the
northern spotted owl by protecting and
preserving landscape levels of suitable
northern spotted owl nesting, roosting,
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and foraging habitat as well as foraging
and dispersal habitat over the term of
the HCP in strategic landscapes, and
implementing species-specific
conservation measures designed to
avoid and minimize effects to northern
spotted owls. Monitoring was developed
to track HCP progress over the term of
the permit and provide feedback on
management actions. The Plum Creek
HCP provides for the ability to make
ongoing adjustments in a number of
forms, including active adaptive forest
management. The ability to change is
crucial to meet new recovery challenges.
The HCP contains provisions that
address ownership changes and the
outcomes expected by the Service.
Further, for projects having a Federal
nexus and affecting northern spotted
owls in occupied areas, the jeopardy
standard of section 7 of the Act, coupled
with protection provided by the Plum
Creek HCP, would provide a level of
assurance that this species will not go
extinct as a result of excluding these
lands from the critical habitat
designation. We find that exclusion of
these lands within the Plum Creek HCP
will not result in extinction of the
northern spotted owl. Based on the
above discussion, the Secretary is
exercising his discretion under section
4(b)(2) of the Act to exclude from this
final critical habitat designation
portions of the proposed critical habitat
units or subunits that are within the
Plum Creek HCP boundary totaling
about 33,144 ac (13,413 ha).
Washington State Department of Natural
Resources State Lands Habitat
Conservation Plan
Washington State lands totaling
approximately 225,751 ac (91,358 ha)
that are covered and managed under the
Washington State Department of Natural
Resources State Lands Habitat
Conservation Plan (WDNR HCP), are
excluded from this critical habitat
designation under section 4(b)(2) of the
Act. The WDNR HCP covers
approximately 1.7 million ac (730,000
ha) of State forest lands within the range
of the northern spotted owl in the State
of Washington. The majority of the area
covered by the HCP is west of the
Cascade Crest and includes the Olympic
Experimental State Forest. The HCP area
on the east side of the Cascade Range
includes lands within the range of the
northern spotted owl. The permit
associated with this HCP, issued
January 30, 1997, was noticed in the
Federal Register on April 5, 1996 (61 FR
15297), has a term of 70 to 100 years,
and covers activities primarily
associated with commercial forest
management, but also includes limited
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nontimber activities such as some
recreational activities. The HCP covers
all species, including the northern
spotted owl and other listed species.
The HCP addressed multiple species
through a combination of strategies. The
HCP includes a series of Natural Area
Preserves and Natural Resource
Conservation Areas. The marbled
murrelet is addressed through a
combination of steps culminating in the
development of a long-term plan to
retain and protect important old-forest
habitat, which will also benefit the
northern spotted owl. Riparian
conservation includes buffers on fishbearing streams as well as substantial
buffers on streams and wetlands
without fish, and deferring harvest on
unstable slopes. Wildlife trees are
retained in buffers of natural features
(e.g., caves, wetlands, springs, cliffs,
talus slopes) and streams, as well as
scattered and clumped within harvest
units. The HCP also requires WDNR to
maintain and grow forests of various
structural stages across all of their HCP
ownerships. Specifically for northern
spotted owls, they have identified
portions of the landscape upon which
they will manage for nesting, roosting,
and foraging (NRF) habitat for northern
spotted owls. These areas are known as
NRF Management Areas (NRFMAs) and
were located to provide demographic
support that would strategically
complement the NWFP’s LateSuccessional Reserves as well as those
Adaptive Management Areas that have
late-successional objectives. The
NRFMAs also were situated to help
maintain species distribution.
Generally, these NRFMAs will be
managed so that approximately 50
percent of those lands will develop into
NRF habitat for the northern spotted
owl over time. Within this 50 percent,
certain nest patches containing highquality nesting habitat are to be retained
and grown. Since the HCP was
implemented, within the NRFMAs,
WDNR has carried out 5,100 ac (2,064
ha) of pre-commercial thinning and
7,800 ac (3,156 ha) of timber harvest
specifically configured to enhance
northern spotted owl habitat. WDNR’s
habitat-enhancement activities will
continue under the HCP.
Some areas outside of the NRFMAs
are managed to provide for dispersal
and foraging conditions in 50 percent of
the forests in those areas; these were
strategically located in landscapes
important for connectivity. The
Olympic Experimental State Forest is
managed to provide for northern spotted
owl conservation across all of its lands.
Even in areas not specifically managed
for northern spotted owls, WDNR has
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71973
committed to providing a range of forest
stages across the landscape to address
multiple species. This commitment of
forest stages, in combination with
wildlife trees retained within harvest
units and stream and landscape-feature
buffers, will provide a matrix of habitat
conditions that will also provide some
assistance in conserving northern
spotted owls. Stands containing
scattered leave trees following harvest
will become more valuable for northern
spotted owls at earlier ages than those
stands harvested using previous
methods. Northern Spotted owls across
the WDNR HCP are expected to benefit
from the combination of these strategies.
At the time the permit was approved,
there were approximately 292 northern
spotted owl site centers overlapping on
WDNR covered lands, including 76
known site centers (excluding historic
sites and non-territorial singles). There
were approximately 484,717 ac (196,158
ha) of suitable habitat on covered lands,
which comprised over 10 percent of all
suitable habitat in Washington State at
that time.
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands is small unless it is a larger project
covering adjacent Federal lands as well,
in which case section 7 consultation
would already be triggered and the
Federal agency would consider the
effects of its actions on the species. In
addition, although the standards of
jeopardy and adverse modification are
different, in this case, the benefits of
applying the latter standard would be
minimal in light of the benefits already
derived from the HCP.
HCPs typically provide for greater
conservation benefits to a covered
species than section 7 consultations
because HCPs ensure the long-term
protection and management of a covered
species and its habitat. Funding for such
management is ensured through the
Implementation Agreement. Such
assurances are typically not provided by
section 7 consultations, which in
contrast to HCPs, often do not commit
the project proponent to long-term,
special management practices or
protections. Thus, a section 7
consultation typically does not afford
the lands the same benefits as a HCP.
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The development and implementation
of HCPs provide other important
conservation benefits, including the
development of biological information
to guide the conservation efforts and
assist in species conservation, and the
creation of innovative solutions to
conserve species while meeting the
needs of the applicant. In this case,
substantial information has been
developed from the research,
monitoring, and surveys conducted
under the WDNR HCP.
There is minimal incremental benefit
from designating critical habitat for the
northern spotted owl within the WDNR
HCP because, as explained above, these
covered lands are already managed for
the conservation of the species over the
term of the HCP and the conservation
measures provided by the HCP will
provide greater protection to northern
spotted owl habitat than the designation
of critical habitat, which provides
regulatory protections only in the event
of a Federal action. The WDNR HCP
provides for the needs of the northern
spotted owl by protecting and
preserving landscape levels of suitable
northern spotted owl nesting, roosting,
and foraging habitat as well as foraging
and dispersal habitat over the term of
the HCP in strategic landscapes, and
implementing species-specific
conservation measures designed to
avoid and minimize effects to northern
spotted owls. The HCP also provides for
the ability to make ongoing adjustments
in a number of forms, including active
adaptive forest management. The ability
to change is crucial to meet new
recovery challenges. The Service
continues to be involved in the
implementation of this HCP. The
Service conducts compliance
monitoring on the covered lands and
routinely meets with WDNR to discuss
ongoing implementation. The HCP
contains provisions that address
ownership changes and the outcomes
expected by the Service. Monitoring was
developed to track HCP progress over
the term of the permit and provide
feedback on management actions.
Therefore, designation of critical habitat
would be redundant on these lands, and
would not provide additional
measureable protections.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Designation of critical habitat
would inform State agencies and local
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governments about areas that could be
conserved under State laws or local
ordinances, such as the Washington
State Growth Management Act, which
encourage the protection of ‘‘critical
areas’’ including fish and wildlife
habitat conservation areas. Any
information about the northern spotted
owl and its habitat that reaches a wider
audience, including parties engaged in
conservation activities, is valuable.
However, WDNR, as the State’s natural
resource agency, is knowledgeable about
the species and has made substantial
contributions to our knowledge of the
species. In addition the additional
educational and informational benefits
that might arise from critical habitat
designation here have been largely
accomplished through the public review
and comment of the HCP,
Environmental Impact Statement, and
Implementation Agreement, as well as
the supplemental Environmental Impact
Statements associated with the
modification of the HCP. This HCP
included intensive public involvement
and continues to be an example used
when discussing HCPs. The HCP is
frequently a topic of open and public
discussion during meetings of the
Washington State Board of Natural
Resources, whose meetings are open to
the public and frequently televised. This
level of exposure in local newspapers
and television stations exceeds the level
of education that would come from a
designation that would be read by few
people in the public. Moreover, the
rulemaking process associated with
critical habitat designation includes
several opportunities for public
comment, and thus also provides for
public education.
Benefits of Exclusion—A benefit of
excluding lands within this HCP from
critical habitat designation is that it
would encourage the State and other
parties to continue to work for owl
conservation. Since issuance of this
HCP, a number of land transactions and
land exchanges with the HCP area have
occurred. These transactions have
included creation of additional Natural
Resource Conservation Areas and
Natural Area Preserves (both land
designations with high degree of
protection) and have also included large
land exchanges and purchases that have
changed the footprint of the HCP. These
land-based adjustments have facilitated
better management on many important
parcels and across larger landscapes
than would otherwise have been
possible. If lands within HCP plan areas
are designated as critical habitat, it
would likely have a negative effect on
the willingness of various groups and
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funding sources to accomplish these
land-ownership adjustments because of
a reluctance to acquire lands designated
as critical habitat as well as a reduced
willingness on the part of WDNR to
accommodate the Services goals. This
HCP is located in key landscapes across
the State and contributes meaningfully
to the recovery of the northern spotted
owl.
If lands within the WDNR HCP plan
area are designated as critical habitat, it
would also likely have a negative effect
on our ability to establish new
partnerships to develop HCPs,
particularly large, regional HCPs that
involve numerous participants and/or
address landscape-level conservation of
species and habitats. This HCP has
served as a model for several completed
and ongoing HCP efforts, including the
Washington State Forest Practices HCP.
By excluding these lands, we preserve
our current private and local
conservation partnerships and
encourage additional conservation
actions in the future because other
parties see our exclusion as a sign that
the Service will not impose duplicative
regulatory burdens on landowners who
have developed an HCP.
HCPs typically provide for greater
conservation benefits to a covered
species than section 7 consultations
because HCPs ensure the long-term
protection and management of a covered
species and its habitat. In addition,
funding for such management is
ensured through the Implementation
Agreement. Such assurances are
typically not provided by section 7
consultations, which in contrast to
HCPs often do not commit the project
proponent to long-term, special
management practices or protections.
Thus, a section 7 consultation typically
does not afford the lands it covers
similar extensive benefits as an HCP.
The development and implementation
of HCPs provide other important
conservation benefits, including the
development of biological information
to guide the conservation efforts and
assist in species conservation, and the
creation of innovative solutions to
conserve species while meeting the
needs of the applicant. In this case,
substantial information has been
developed from the research,
monitoring, and surveys conducted
under the WDNR HCP. Therefore,
exclusion is a benefit because it
maintains and fosters development of
biological information and innovative
solutions.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—The benefits of
including these lands in the designation
are small. Because one of the primary
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threats to the northern spotted owl is
habitat loss and degradation, the
consultation process under section 7 of
the Act for projects with a Federal nexus
will, in evaluating effects to the
northern spotted owl, evaluate the
effects of the action on the conservation
or functionality of the habitat for the
species regardless of whether critical
habitat is designated for these lands.
The analytical requirements to support
a jeopardy determination on excluded
land are similar, but not identical, to the
requirements in an analysis for an
adverse modification determination on
included land. However, the HCP
contains provisions for protecting and
maintaining northern spotted owl
habitat that far exceed the conservation
benefits afforded through section 7
consultation. It provides for
comprehensive measures applied across
a large landscape that will benefit
spotted owls. Washington State DNR
personnel are extremely knowledgeable
regarding the ecology of the northern
spotted owl and have contributed to the
body of scientific information about the
northern spotted owl. In this instance,
the regulatory and educational benefits
of inclusion have much less benefit than
the continued benefit of the HCP
including the educational benefits
derived from the HCP.
The WDNR HCP provides for
significant conservation and
management within geographical areas
that contain the physical or biological
features essential to the conservation of
the northern spotted owl and help
achieve recovery of this species through
the conservation measures of the HCP.
Exclusion of these lands from critical
habitat will help foster the partnership
we have developed with WDNR,
through the development and
continuing implementation of the HCP.
Furthermore, this partnership may aid
in fostering future cooperative
relationships with other parties in other
locations for the benefit of listed
species.
For these reasons, we determine that
the benefits of excluding the WDNR
HCP from the designation of critical
habitat for the northern spotted owl
outweigh the benefits of including this
area in critical habitat.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of
approximately 225,751 ac (91,358 ha) of
lands covered under the WDNR HCP
will not result in extinction of the
northern spotted owl. The WDNR HCP
protects and preserves landscape levels
of suitable northern spotted owl nesting,
roosting, and foraging habitat as well as
foraging and dispersal habitat over the
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term of the HCP in strategic landscapes,
and implements species-specific
conservation measures designed to
avoid and minimize effects to northern
spotted owls. Monitoring was developed
to track HCP progress over the term of
the permit and provide critical feedback
on management actions. Adaptive
management provides for responses to
this feedback. Further, for projects
having a Federal nexus and affecting
northern spotted owls in occupied
areas, the jeopardy standard of section
7 of the Act, coupled with protection
provided by the WDNR HCP, would
provide a level of assurance that this
species will not go extinct as a result of
excluding these lands from the critical
habitat designation. We find that
exclusion of these lands within the
WDNR HCP will not result in extinction
of the northern spotted owl. Based on
the above discussion, the Secretary is
exercising his discretion under section
4(b)(2) of the Act to exclude from this
final critical habitat designation
portions of the proposed critical habitat
units or subunits that are within the
WDNR HCP totaling about 225,751 ac
(91,358 ha).
West Fork Timber Habitat Conservation
Plan
The Service has excluded
approximately 5,105 ac (2,066 ha) of
lands from final critical habitat
designation, under section 4(b)(2) of the
Act, that are covered under the West
Fork Timber HCP (West Fork HCP)
(formerly known as Murray Pacific
Corporation) in the West Cascades
Central CHU in Washington. The West
Fork HCP was the first multispecies
HCP on forested lands in the Nation.
The permit associated with the West
Fork HCP has a term of 100 years and
was first issued on September 24, 1993;
amended on June 26, 1995; and
amended again on October 16, 2001 (66
FR 52638). The HCP includes 53,558 ac
(21,674 ha) of commercial timber lands
managed as a tree farm in Lewis County,
Washington. The HCP is situated
between an area of Federal land known
as the Mineral Block and the larger
block of Federal lands in the Cascades.
The HCP was first developed to allow
for forest-management activities and
provide for the conservation of the
northern spotted owl; the amended HCP
provides for all species, including six
listed species. The HCP is designed to
develop and maintain northern spotted
owl dispersal habitat across 43 percent
of the tree farm, and must also meet
quantitative measures of amount and
distribution. As a result, total dispersal
habitat will more than double in
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amount, and wide gaps between stands
of dispersal habitat will be decreased.
In addition, the West Fork HCP
provides for leaving at least 10 percent
of the tree farm in reserves for the next
100 years. These reserves will primarily
take the form of riparian buffers
averaging at least 100 feet (30 m) on
each side of all fish-bearing streams, as
well as other buffers and set-a-side
areas. Other provisions of the HCP are
designed to ensure that all forest habitat
types and age classes currently on the
tree farm, as well as special habitat
types such as talus slopes, caves, nest
trees, and den sites, are protected or
enhanced. Seasonal protection is
provided within 1⁄4 mile of an active
northern spotted owl nest site.
At the time the permit was approved,
there were approximately 4,678 ac
(1,893 ha) of suitable habitat in small
stands sporadically located, comprising
about 8 percent of the ownership. The
HCP included 3 resident northern
spotted owls and included about 20
percent of the ownership in dispersal
habitat.
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands is small unless it was a larger
project covering adjacent Federal lands
as well, in which case section 7
consultation would already be triggered
and the Federal agency would consider
the effects of its actions on the species.
In addition, although the standards for
jeopardy and adverse modification are
not the same, the benefits of the section
7 prohibition on adverse modification
would be minimal in light of the
benefits already derived from the HCP.
HCPs typically provide for greater
conservation benefits to a covered
species than section 7 consultations
because HCPs ensure the long-term
protection and management of a covered
species and its habitat. In addition,
funding for such management is
ensured through the Implementation
Agreement. Such assurances are
typically not provided by section 7
consultations, which, in contrast to
HCPs, usually do not commit the project
proponent to long-term, special
management practices or protections.
Thus, a section 7 consultation typically
does not afford the lands it covers
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benefits similar to those provided by an
HCP. The development and
implementation of HCPs provide other
important conservation benefits,
including the development of biological
information to guide the conservation
efforts and assist in species
conservation, and the creation of
innovative solutions to conserve species
while meeting the needs of the
applicant.
There is minimal incremental benefit
from designating critical habitat for the
northern spotted owl within the West
Fork HCP because, as explained above,
these covered lands are already
managed for the conservation of the
species over the term of the HCP and the
conservation measures provided by the
HCP will provide greater protection to
northern spotted owl habitat than the
designation of critical habitat, which
provides regulatory protections only in
the event of a Federal action. The West
Fork HCP provides for the needs of the
northern spotted owl by protecting and
preserving landscape levels of suitable
northern spotted owl dispersal habitat
over the term of the HCP in strategic
landscapes, and implementing speciesspecific conservation measures designed
to avoid and minimize effects to
northern spotted owls. The HCP also
provides for the ability to make ongoing
adjustments in a number of forms,
including active adaptive forest
management. The ability to change is
crucial to meet new recovery challenges.
The Service continues to be involved in
implementation of the HCP. It contains
provisions that address ownership
changes and the outcomes expected by
the Service. Monitoring was developed
to track HCP progress over the term of
the permit and provide feedback on
management actions. Therefore,
designation of critical habitat would be
redundant on these lands, and would
not provide additional measureable
protections.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Designation of critical habitat
would inform State agencies and local
governments about areas that could be
conserved under State laws or local
ordinances, such as the Washington
State Growth Management Act, which
encourage the protection of ‘‘critical
areas’’ including fish and wildlife
habitat conservation areas. Any
information about the northern spotted
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owl and its habitat that reaches a wider
audience, including parties engaged in
conservation activities, is valuable.
However, this landowner is
knowledgeable about the species
through its implementation of the HCP.
In addition the additional educational
and informational benefits that might
arise from critical habitat designation
here have been largely accomplished
through the public review and comment
of the HCP, Environmental Impact
Statement, and Implementation
Agreement. Through these processes,
this HCP included intensive public
involvement. Moreover, the rulemaking
process associated with critical habitat
designation includes several
opportunities for public comment, and
thus also provides for public education.
Through these outreach opportunities,
land owners, State agencies, and local
governments have become more aware
of the status of and threats to the
northern spotted owl and the
conservation actions needed for
recovery.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, in Washington, State
forest practices regulations provide an
exemption for review for lands managed
under an HCP. Thus, even should the
State respond to designation of critical
habitat by instituting additional
protections, the HCP will not be subject
to those protections as the species is
considered already addressed, and
therefore no additional benefit would
accrue through State regulations.
Benefits of Exclusion—Compared to
the minimal benefits of inclusion of this
area in critical habitat, the benefits of
excluding it from designated critical
habitat are more substantial.
HCP conservation measures that
provide a benefit to the northern spotted
owl and its habitat have been
implemented continuously since 1993
on all covered lands owned and
managed under the HCP. Excluding
these lands from critical habitat
designation will sustain and enhance
the working relationship between the
Service and the permit holder.
A related benefit of excluding lands
within HCPs from critical habitat
designation is the unhindered,
continued ability to seek new
partnerships with future HCP
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
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which together can implement
conservation actions that we would be
unable to accomplish otherwise. If lands
within the West Fork HCP plan area are
designated as critical habitat, it would
likely have a negative effect on our
ability to establish new partnerships to
develop HCPs, particularly large,
regional HCPs that involve numerous
participants and/or address landscapelevel conservation of species and
habitats. If excluded, the willingness of
the landowner to work with the Service
to manage federally listed species will
continue to reinforce those conservation
efforts and our partnership, which
contribute toward achieving recovery of
the northern spotted owl. We consider
this voluntary partnership in
conservation important in maintaining
our ability to implement recovery
actions such as habitat protection and
restoration, and beneficial management
actions for species on non-Federal
lands.
In summary, the designation of
critical habitat could have an
unintended negative effect on our
relationship with non-Federal
landowners due to the perceived
imposition of redundant government
regulation. If lands within the West Fork
HCP area are designated as critical
habitat, it would likely have a negative
effect on our continued ability to seek
new partnerships with future
participants can implement
conservation actions (such as SHAs, and
HCPs) that we would be unable to
accomplish otherwise. By excluding
these lands, we preserve our current
private and local conservation
partnerships and encourage additional
conservation actions in the future.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—The benefits of
including these lands in the designation
are comparatively small. Because one of
the primary threats to the northern
spotted owl is habitat loss and
degradation, the consultation process
under section 7 of the Act for projects
with a Federal nexus will, in evaluating
effects to the northern spotted owl,
evaluate the effects of the action on the
conservation or functionality of the
habitat for the species regardless of
whether critical habitat is designated for
these lands. The analytical requirements
to support a jeopardy determination on
excluded land are similar, but not
identical, to the requirements in an
analysis for an adverse modification
determination on included land.
However, the HCP contains provisions
for protecting and maintaining northern
spotted owl habitat that far exceed the
conservation benefits afforded through
section 7 consultation. It provides for
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comprehensive measures applied across
a large landscape that will benefit
spotted owls. In this instance, the
regulatory and educational benefits of
inclusion have much less benefit than
the continued benefit of the HCP
including the educational benefits
derived from the HCP.
The West Fork HCP provides for
significant conservation and
management within geographical areas
that contain the physical or biological
features essential to the conservation of
the northern spotted owl and help
achieve recovery of this species through
the conservation measures of the HCP.
Exclusion of these lands from critical
habitat will help foster the partnership
we have developed with West Fork,
through the development and
continuing implementation of the HCP.
Furthermore, this partnership may aid
in fostering future cooperative
relationships with other parties in other
locations for the benefit of listed
species.
In summary, we determine that the
benefits of excluding the West Fork HCP
from the designation of critical habitat
for the northern spotted owl outweigh
the benefits of including this area in
critical habitat.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of
approximately 5,105 ac (2,066 ha) of
lands covered under the West Fork HCP
will not result in extinction of the
northern spotted owl because the
conservation measures identified within
the HCP seek to maintain or surpass
current habitat suitability for northern
spotted owls. The HCP is designed to
develop and maintain northern spotted
owl dispersal habitat; as a result, total
dispersal habitat will more than double
in amount and wide gaps between
stands of dispersal habitat will be
decreased. In addition, the West Fork
HCP provides for reserves for the next
100 years, ensuring that all forest habitat
types and age classes currently on the
tree farm, as well as special habitat
types such as talus slopes, caves, nest
trees, and den sites, are protected or
enhanced. Seasonal protection is
provided for active northern spotted owl
nest sites. Further, for projects having a
Federal nexus and affecting northern
spotted owls in occupied areas, the
jeopardy standard of section 7 of the
Act, coupled with protection provided
by the West Fork HCP, would provide
a level of assurance that this species
will not go extinct as a result of
excluding these lands from the critical
habitat designation. We find that
exclusion of these lands within the West
Fork HCP will not result in extinction
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of the northern spotted owl. Based on
the above discussion, the Secretary is
exercising his discretion under section
4(b)(2) of the Act to exclude from this
final critical habitat designation
portions of the proposed critical habitat
units or subunits that are within the
West Fork HCP boundary totaling about
5,105 ac (2,066 ha).
Other Conservation Measures or
Partnerships
State of California
Mendocino Redwood Company
In this final designation, the Secretary
has exercised his authority to exclude
lands from critical habitat, under
section 4(b)(2) of the Act, owned by The
Mendocino Redwood Company (MRC,
the company) and totaling
approximately 232,584 total ac (94,123
ha) in Unit 3—Redwood Coast, in
Mendocino and Sonoma Counties,
California. This land is distributed
among three critical habitat subunits as
described in the following. In subunit
RDC–2, we proposed approximately
209,550 ac (84,802 ha) for critical
habitat designation. In subunit RDC–3,
we proposed approximately 22,733 ac
(9,200 ha) for critical habitat
designation. In subunit RDC–4, we
proposed 301 ac (121 ha) for critical
habitat designation. All company lands
proposed for designation within these
three subunits have been excluded from
critical habitat designation under
section 4(b)(2) of the Act.
MRC has a long-standing voluntary
partnership with the Service to protect
the northern spotted owl on MRC lands.
MRC initially approached the Service in
1998 to develop a combined habitat
conservation plan and a State-level
counterpart draft natural communities
conservation plan (HCP/NCCP).
Knowing that the completion of an
HCP/NCCP would take an extended
period of time, MRC and the Service
worked together to develop a set of
interim standards and measures to
conserve and protect the northern
spotted owl and its habitat, pending the
completion of the HCP/NCCP. These
written interim standards and measures
are detailed and specific and have been
incorporated into each of MRC’s timber
harvest plans since their development.
These interim standards and measures
are detailed in MRC’s January 15, 2010,
Northern Spotted Owl Resource Plan/
Management Plan (SORP) (MRC 2010,
pp. 1–30). The SORP was intended to
serve as a bridge document to reduce
resource impacts to both the northern
spotted owl and its habitat until the
completion of the HCP/NCCP. The
SORP includes monitoring and survey
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requirements and northern spotted owl
habitat protection measures that are
implemented across the landscape. The
SORP describes methodologies to locate
owls, assess reproductive status, and
provide a framework that includes
habitat definitions and protections
associated with northern spotted owl
activity centers which provide
measurable standards for habitat
conservation. MRC and the Service meet
frequently to discuss northern spotted
owl study results provided by the
company and this information is used
by both the Service and MRC to develop
measures that conserve the species
through an iterative process that will
assist in the development of the HCP/
NCCP. In reviewing the SORP and
monitoring results, we find that the
SORP and protective measures therein
provide substantial conservation
benefits for the northern spotted owl
and its habitat at a landscape scale.
The standards and measures
described in the SORP are included in
the ‘‘Planning Agreement’’ (dated
August 5, 2009) that MRC entered into
with the California Department of Fish
and Game (CDFG) for preparation of the
NCCP element of the HCP/NCCP.
Planning Agreements are mandatory
under the California Natural
Community Conservation Planning Act,
and inasmuch as the northern spotted
owl standards and measures are
included in MRC’s planning agreement,
they are mandatory. MRC has revised
them when requested by the Service, as
part of a voluntary partnership with the
Service.
In addition, MRC has two State-level
planning documents that are in effect
now and which contain substantial
long-terms benefits for northern spotted
owl habitat. One is the company’s 2008
Option A plan, entered into with
CALFIRE, which sets sustainable longterm timber harvest levels and controls
on standing forest inventory, and the
other is the companion 2012
Management Plan, also entered into
with CALFIRE, which outlines
company-specific management practices
used in conjunction with the Option A
harvesting program. Together, these
documents have enabled the company
to maintain its forest certification
through the Forest Stewardship Council
(FSC) which gives the company access
to certain wholesale lumber markets
that promote ‘‘green’’ certified wood
products. The State-level planning
documents have also enabled the
company to obtain registration through
the California Climate Action Registry
which is the designated clearinghouse
for carbon-credit sellers under
California’s developing cap-and-trade
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program. The company’s long-term
management direction under Option A
(2008) and the Management Plan (2012)
is to greatly expand their stock of
standing forest inventory, with a neardoubling of that inventory over the next
nine decades. While we do not consider
here the northern spotted owl
conservation measures in the company’s
proposed HCP in support of 4(b)(2)
exclusion, since that plan is not yet
finalized, we do note that practically all
of the long-term habitat and
demographic objectives in the proposed
HCP are dependent on the forest
inventory trajectory that is established
and in effect under Option A and the
Management Plan, and are partly
dependent on the distribution and array
of silvicultural treatments that is
specified under the Management Plan.
Time intervals, measurable targets, and
enforcement mechanisms for forest
inventory development are already in
place through the State-level forest
planning processes, whether or not the
proposed HCP is finalized. The
company’s long term commitment to
expanding standing forest inventory is
also demonstrated by their status as a
seller in the State’s emerging carbon
credit market. In order to sell carbon
credits, the seller has to possess surplus
carbon; in forest management terms, the
only way to have a continuous supply
of surplus carbon is to have a body of
inventory that is on a continuous-netgrowth trajectory. The 2012
Management Plan also explicitly
documents some of the company’s
internal management direction on the
northern spotted owl with regard to the
linkages between future forest
conditions and owl habitat utilization,
direction on the acquisition and
analysis of owl breeding site surveys,
and future development of northern
spotted owl habitat models.
Following are summaries of specific
measures in the 2012 Management Plan
that will have direct, indirect, near-term
and long-term benefits for the northern
spotted owl, and which are in effect
currently: (1) The company, having
inherited a severely depleted forest
inventory from the previous owners, has
a standing policy to rebuild inventories,
which will result in a doubling of total
standing volume by the ninth decade of
the planning horizon; (2) total harvest
levels through the 100-year planning
horizon are constrained to a graduating
percentage of periodic growth volume,
from a current 48 percent to 84 percent
in the tenth decade of the plan; (3) a
shift in the use of uneven-aged
silviculture from a current 65 percent of
harvest acres to 99 percent in the fifth
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decade of the plan; (4) protection
policies for unharvested old-growth
stands and previously harvested stands
containing residual old-growth trees; (5)
wildlife tree and snag retention
requirements that meet or exceed
Service recommendations and exceed
current State Forest Practice rules; (6) a
minimum forest floor large woody
debris (LWD) standard on general forest
land of 70 cubic feet per ac (4.9 cubic
meter per ha) based on minimum-sized
logs 16 in (41 cm) diameter and 10 ft
(3.3 m) in length, increasing to 98 cubic
feet per ac (6.9 cubic meter per ha) in
riparian areas; and (7) a hardwood
management policy that maintains a
minimum hardwood basal area of 15
square feet per ac (3.4 square m per ha)
in mixed conifer-hardwood stands. Each
policy outlined above will result in: (a)
A long term increase in standing forest
biomass per unit of land area; or (b)
increased spatial continuity of
vegetative types that are suitable
northern spotted owl habitat; or (c)
retention of specific features such as
old-growth trees or stands, and retention
of a minimum level of hardwoods,
snags, and wildlife trees. All of these
policies will either lead to maintenance
or enhancement of northern spotted owl
habitat suitability or lead to emergence
of suitable habitat where it is currently
not present, thereby benefiting the
conservation of the northern spotted
owl and its habitat.
The company has completed a draft of
their proposed HCP/NCCP, and the
northern spotted owl is one of the
covered species in this document. The
company has submitted the HCP
application to the Service. If the HCP/
NCCP is approved and permits issued,
the term of the incidental take permit
and counterpart State permit would be
80 years. The combined draft
Environmental Impact Statement (EIS)
and State draft Environmental Impact
Report (EIR) is scheduled for issuance in
fall of 2012, and a final HCP/NCCP and
final EIS/EIR is anticipated in spring or
summer, 2013. However, as noted
above, we have not taken the proposed
HCP/NCCP into account in determining
the level of protection currently
provided to the northern spotted owl on
MRC land, as we have not completed
processing the permit application and a
final decision has not been made
whether it meets issuance criteria. We
cite to the development of this HCP/
NCCP only in terms of evidence of
MRC’s commitment to partnering with
the Service for the conservation of the
northern spotted owl.
Benefits of Inclusion—We find there
are minimal benefits to including MRC
lands in critical habitat. As discussed
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above, the designation of critical habitat
invokes the provisions of section 7.
However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands that might trigger such
consultation is limited since there is
little likelihood of an action that will
involve Federal funding, authorization,
or implementation. In addition, since
the lands under in question are
occupied by the northern spotted owl, if
a Federal nexus were to occur, section
7 consultation would already be
triggered and the Federal agency would
consider the effects of its actions on the
species through a jeopardy analysis.
Because one of the primary threats to
the northern spotted owl is habitat loss
and degradation, the consultation
process under section 7 of the Act for
projects with a Federal nexus will, in
evaluating effects to the northern
spotted owl, evaluate the effects of the
action on the conservation or function
of the habitat for the species regardless
of whether critical habitat is designated
for these lands. Although the standards
for jeopardy and adverse modification
are not the same, the additional
conservation that could be attained
through the section 7 prohibition on
adverse modification analysis would not
likely be significant in this case because
of the conservation agreements already
in place.
Another potential benefit of including
lands in a critical habitat designation is
that the designation can serve to educate
landowners, State and local government
agencies, and the public regarding the
potential conservation value of an area,
and may help focus conservation efforts
on areas of high conservation value for
certain species. Any information about
the northern spotted owl and its habitat
that reaches a wider audience, including
parties engaged in conservation
activities, is valuable. However, in this
case the educational value of critical
habitat is limited. As evidenced by their
extensive forest management planning,
this forestland owner is knowledgeable
about the species.
The designation of critical habitat
may also indirectly cause State or
county jurisdictions to initiate their own
additional requirements in areas
identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, CALFIRE has
indicated to us that it is unlikely to
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impose any new requirements on
project proponents if critical habitat is
designated in areas already subject to
California Forest Practice Rules.
Therefore, we believe this potential
benefit of critical will be limited.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 232,584 ac
(94,123 ha) of lands currently owned by
the MRC are substantial. We have
created a close partnership with the
company through the development of
the SORP and the resulting draft HCP/
NCCP. The SORP contains provisions
that will improve inventory of redwood,
Douglas-fir, and other conifers across
MRC’s ownership and includes
measures that will return forest types to
those that support the northern spotted
owl. In addition, the SORP stipulates a
series of actions intended to increase
canopy cover and move management of
forest stands to uneven-aged
management to promote multilayered
canopies and protect old growth stands
and individual trees with old-growth
structural features. The SORP also
contain provisions that will result in
stands being grown in Watercourse and
Lake Protection Zones (WLPZ) that
exceed current State Forest Practice
requirements and that meet the
Service’s recommended standards for
standing tree basal area and retention of
large woody debris in watercourse
protection zones. All of these measures
are consistent with recommendations
from the Service for the conservation of
the northern spotted owl, and will
afford benefits to the species and its
habitat.
Other MRC actions also demonstrate
their commitment to the Federal-Stateprivate partnership. The company’s
Management Plan in connection to their
FSC forest certification is already in
effect. That Plan has numerous
measures within it that the company has
been implementing on the ground for
several years without any inducement
from the cooperating Federal and State
agencies. Much of the Management Plan
is concerned with harvest scheduling
and how the company will remedy its
current deficit in standing forest
inventory. The major part of that
remedy is found in the 10-decade
harvesting schedule in the Management
Plan, which tightly constrains harvest
levels in the early decades of the Plan
and relaxes the constraint in later
decades. The company has
implemented the designed harvest
schedule since 2000, which is
supported in the certification audit
reports of 2005 and 2010. This means
that MRC has, in fact, foregone a portion
of their potential short-term harvest
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revenues for nearly 12 years to fulfill a
Management Plan that is not under
Federal purview. Company policies
embodied in the Management Plan will
result in (a) a long term increase in
standing forest biomass per unit of land
area; or (b) increased spatial continuity
of vegetative types that are suitable
northern spotted owl habitat; or (c)
retention of specific features such as
old-growth trees/stands, retention of a
minimum level of hardwoods, snags,
and wildlife trees. All of these policies
will either lead to maintenance of
northern spotted owl habitat suitability
or lead to emergence of suitable habitat
where it is currently not present.
Excluding the approximately 232,584
ac (94,123 ha) owned and managed by
MRC from critical habitat designation
will provides significant benefit in
terms of sustaining and enhancing the
excellent partnership between the
Service and the company, with positive
consequences for conservation. The
willingness of MRC to voluntarily
undertake conservation efforts for the
benefit of the northern spotted owl and
work with the Service to develop new
conservation plans for the species will
continue to reinforce those conservation
efforts and our partnership, which
contribute toward achieving recovery of
the northern spotted owl. We consider
this voluntary partnership in
conservation vital to our understanding
of the northern spotted owl status of
species on MRC lands and in the
redwood region, and necessary for us to
implement recovery actions such as
habitat protection and restoration, and
beneficial management actions for
species.
The designation of critical habitat
could have an unintended negative
effect on our relationship with nonFederal landowners due to the
perceived imposition of government
regulation. If lands within the area
managed by MRC for the benefit of the
northern spotted owl are designated as
critical habitat, it could have a chilling
effect on our continued ability to seek
new partnerships with future
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement various
conservation actions (such as SHAs,
HCPs, and other conservation plans,
particularly large, regional Conservation
Plans that involve numerous
participants and/or address landscapelevel conservation of species and
habitats) that we would be unable to
accomplish otherwise. In addition, MRC
serves as a model of voluntary
conservation by a private landowner,
and may aid in fostering future
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voluntary conservation efforts by other
parties in other locations for the benefit
of listed species. We consider the
positive effect of excluding proven
conservation partners from critical
habitat to be a significant benefit of
exclusion.
The Benefits of Exclusion Outweigh
the Benefits of Inclusion—We have
reviewed and evaluated the exclusion of
approximately 232,584 ac (94,123 ha) of
land owned and managed by MRC from
the critical habitat designation. The
benefits of including these lands in the
designation are comparatively small,
since the habitat on the covered lands
is already being monitored and managed
under the current Management Plan and
the Timber Management Plan to
improve the habitat elements that are
equivalent to the physical or biological
features that are outlined in this critical
habitat rule. We therefore anticipate
little, if any, additional protections
through application of the section 7
prohibition on adverse modification due
to the designation of critical habitat on
these lands.
The potential educational benefits of
inclusion are also limited. The company
has an active monitoring program on
over 150 northern spotted owl activity
sites and is making increasing
contributions to our knowledge of the
species through focused research. In
addition, there is a growing local
constituency for current land
management direction as a result of the
company’s outreach efforts in the form
of public informational presentations
and tours of the property. In this
instance, any potential educational
benefits of inclusion would have much
less practical effect than any of the
scientific and informational activities
that the company has initiated to date.
In contrast, the benefits derived from
excluding this ownership and
enhancing our private lands partnership
with MRC are significant. We have
developed a solid working relationship
with MRC, and expect this beneficial
conservation partnership to continue.
The benefits of this partnership are
significant, because MRC has
demonstrated that its actions will
contribute substantially to the
conservation of the northern spotted
owl and its habitat and influence longterm management outcomes across the
entire ownership. We noted the positive
conservation benefits that accrue from
exclusion from critical habitat,
including relief from perceived
potentially duplicative regulatory
burden and the increased potential of
pursuing additional conservation
agreements with other private
landowners. As discussed above, MRC
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has developed a long-standing practice
of managing its lands in a sustainable
nature that benefits the northern spotted
owl and its habitat. We also discussed
the long-term value of the partnership
with MRC, and evidence of the
company’s commitment to that
partnership through voluntary
implementation and coordination of
conservation actions. We will not repeat
that discussion here, but point to it as
the strongest among all factors we
considered in the weighing of the
benefits of exclusion against the benefits
of inclusion.
We have determined that the
additional regulatory benefits of
designating critical habitat, afforded
through the section 7(a)(2) consultation
process, are minimal because of limited
Federal nexus and because conservation
measures specifically benefitting the
northern spotted owl and its habitat are
in place as a result of our partnership
with the company and as demonstrated
by the provisions of the SORP and other
planning documents, as discussed
above. The potential educational and
informational benefits of critical habitat
designation on lands containing the
physical or biological features essential
to the conservation of the northern
spotted owl would be minimal, because
MRC is making substantial
contributions to our understanding of
the ecology of the northern spotted owl
and its habitats in the redwood region,
and continues to disseminate useful
information through public education
events. Therefore, in consideration of
the factors discussed above in the
Benefits of Exclusion section, including
the relevant impact to current and
future partnerships, we have
determined that the benefits of
exclusion of lands owned by the MRC
outweigh the benefits of designating
these areas as critical habitat.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that the exclusion of
232,584 ac (94,123 ha) from the
designation of critical habitat for the
northern spotted owl on lands owned
and managed by MRC will not result in
extinction of the species. Conservation
efforts that are currently in effect
through the SORP (and not taking into
account the draft HCP/NCCP) will
adequately protect the geographical
areas containing the physical or
biological features essential to the
conservation of the species. For projects
having a Federal nexus and affecting
northern spotted owls in occupied
areas, as is the case here, the jeopardy
standard of section 7 of the Act, coupled
with current land management
measures that are not under Federal
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purview, would provide assurances that
this species will not go extinct as a
result of excluding these lands from the
critical habitat designation. Based on
the above discussion, the Secretary is
exercising his discretion under section
4(b)(2) of the Act to exclude from this
final critical habitat designation
portions of the proposed critical habitat
units or subunits that are within the
Mendocino Redwood Company
ownership boundary totaling 232,854 ac
(92,123 ha).
State of Washington
Scofield Corporation Deed Restriction
(Formerly Habitat Conservation Plan)
In this final designation, the Secretary
has exercised his authority to exclude
40 ac (16 ha) of lands from critical
habitat, under section 4(b)(2) of the Act,
that are covered under the Scofield
Corporation Deed Restriction in the East
Cascades North CHU. A incidental take
permit based on an HCP, was issued to
Scofield Corporation in 1996 (noticed
February 20, 1996 (61 FR 6381), issued
April 3, 1996). The permit had a
duration for only one year, but as
provided in the permit terms, the lands
under this HCP are now covered by a
Deed Restriction for those lands in
perpetuity. This HCP and deed
restriction include 40 ac (16 ha) of forest
lands in Chelan County, Washington.
The HCP-covered forest-management
activities and the associated incidental
take permit included only the northern
spotted owl. The HCP provided for
mitigation and minimization measures
by retaining a buffer of intact habitat,
implementing selective timber harvest
practices, and placing a perpetual deed
restriction on the property permanently
prohibiting further timber harvest or
tree removal except with the express
written consent of the Service. These
measures were designed to ensure the
retention of some northern spotted owl
habitat and approximately 72 percent of
the total number of trees after harvest.
At the time the permit was approved,
the HCP-covered lands included a single
northern spotted owl site with most of
its habitat on adjacent Federal lands.
The amount of habitat was low, due to
natural eastside Cascades characteristics
and recent fire. Approximately 55
percent of the mature trees in the 40acre project area were allowed to be
removed, which in the short term
further reduced the availability of
potential nesting, roosting, or foraging
sites for northern spotted owls.
However, the adverse effects on this
northern spotted owl pair due to loss of
habitat was likely low, because the
habitat was marginal Type C (young
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forest marginal) at best, and surveys in
the project area suggested low use by
northern spotted owls. In addition, the
no-harvest buffer along the highway
ensured that is less than 40 ac (16 ha)
was affected by the action, which is a
small portion of the suitable habitat that
is available for use by northern spotted
owls within the median home range of
that site as well as the eastern Cascades.
Under the HCP, about 55 percent of
the mature trees and 28 percent of the
total number of trees in the project area
were allowed to be harvested. Selective
harvest resulted in retention of different
size and age classes of trees to
contribute to stand structure and species
diversity, important components to
northern spotted owl habitat. Thinning
the stand will allow younger age-class
trees to grow, and continue to contribute
to the multilayer structure of the stand.
Since the project area is being allowed
to grow and develop into perpetuity,
suitable northern spotted owl habitat
will be available in the future. This
potential habitat will complement
habitat that is likely to occur on
adjacent national forest lands being
managed as late-successional forest. In
the long-term, the potential for the
project area to become northern spotted
owl habitat and remain in that condition
is substantially greater than it would
have been without the HCP. In addition,
the Deed Restriction identified in the
land contract provides for the
permanent protection of this habitat.
Benefits of Inclusion—We find that
there is minimal benefit from
designating critical habitat for the
northern spotted owl within the
Scofield Deed Restriction because, as
explained above, these lands are already
managed for the conservation of the
species under the deed restrictions.
Section 7 is unlikely to provide
additional regulatory protection, not
only because Federal actions on this
small 40-acre parcel are unlikely, but
also because any such Federal action
would have to be consistent with the
Deed Restriction. Thus the existence of
this Deed Restriction reduces any
incremental benefits that may be
provided by section 7. The Deed
Restriction provides for the needs of the
northern spotted owl by providing
northern spotted owl dispersal habitat
and improving conditions. Therefore,
designation of critical habitat would be
redundant on these lands, and would
not provide additional measureable
protections. In addition, the
conservation measures identified within
the Deed Restriction seek to achieve
conservation goals for northern spotted
owls and their habitat, and thus can be
of greater conservation benefit than the
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designation of critical habitat, which
does not require specific management
actions.
A potential benefit of including lands
in a critical habitat designation is that
the designation can serve to educate
landowners and the public regarding the
potential conservation value of an area,
and may help focus conservation efforts
on areas of high conservation value for
certain species. However, the additional
educational and informational benefits
that might arise from critical habitat
designation have been largely
accomplished through the public review
and comment of the HCP/
Environmental Assessment, as well as
the Implementation Agreement. In
addition, through the Deed Restriction,
the current landowner and any future
owner are made fully aware of the needs
of the northern spotted owl on this
parcel.
Benefits of Exclusion—A benefit of
excluding lands within HCPs from
critical habitat designation is the
unhindered, continued ability to seek
new partnerships with future HCP
participants including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement
conservation actions that we would be
unable to accomplish otherwise. In
particular, if lands within the Scofield
Corporation Deed Restriction area are
designated as critical habitat, it would
likely have a negative effect on our
ability to establish new partnerships to
develop HCPs with smaller landowners
who occupy key landscapes. It could be
perceived as adding redundant Federal
regulation on top of the HCP’s
requirement to protect the land in
perpetuity. By excluding these lands,
we may encourage additional
conservation actions in the future.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—In summary, we
determine that the benefits of excluding
the Scofield Corporation lands subject
to the Deed Restriction from the
designation of critical habitat for the
northern spotted owl outweigh the
benefits of including this area in critical
habitat. We find that including this area
in the designation would result in
minimal, if any, additional benefits to
the northern spotted owl, as explained
above. Excluding this parcel from
critical habitat could result in real
benefits by encouraging other small
landowners to participate in northern
spotted owl conservation efforts by
demonstrating that we will not impose
redundant regulatory burdens when
they undertake meaningful conservation
efforts. The management strategies of
the Scofield Deed Restriction are
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designed to maintain and enhance
habitat for the northern spotted owl.
The Scofield Deed Restriction includes
forest-management practices and habitat
conservation objectives that benefit the
northern spotted owl and its habitat,
which exceeds any conservation value
provided as a result of a critical habitat
designation.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of
approximately 40 ac (16 ha) of lands
covered under the Scofield Deed
Restriction will not result in extinction
of the northern spotted owl because it
provides northern spotted owl dispersal
habitat and improves habitat conditions,
and it the possibility for the project area
to become northern spotted owl habitat
and remain in that condition is
substantially greater than without the
HCP. Further, the protection provided
by the Scofield Deed Restriction would
provide a level of assurance that this
species will not go extinct as a result of
excluding these lands from the critical
habitat designation. We find that
exclusion of these lands within the
Scofield Deed Restriction will not result
in extinction of the northern spotted
owl. Based on the above discussion, the
Secretary is exercising his discretion
under section 4(b)(2) of the Act to
exclude from this final critical habitat
designation portions of the proposed
critical habitat units or subunits that are
covered by the Scofield Corporation
Deed Restriction totaling about 40 ac (16
ha).
Exclusion of Private Lands
State of California
Our proposed designation included
123,348 ac (49,917 ha) of privatelyowned lands without existing Federal
conservation agreements in the State of
California that we identified as critical
habitat for the northern spotted owl.
Forest management and forest
practices on private lands in California,
including harvesting for forest products
or converting land to another use are
regulated by the State under Division 4
of the Public Resources Code, and in
accordance with the California Forest
Practice Rules (California Code of
Regulations, (CCR) Title 14, Sections
895–1115). Under this framework, the
California Department of Forestry and
Fire Protection (CALFIRE) is the
designated authority on forest
management and forest practices on
private lands in California.
All private land timber harvesting in
California must be conducted in
accordance with a site-specific timber
harvest plan (THP) that is submitted by
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71981
the owner and is subject to
administrative approval by CALFIRE.
The THP must be prepared by a Stateregistered professional forester, and
must contain site-specific details on the
quantity of timber involved, where and
how it will be harvested, and the steps
that will be taken to mitigate potential
environmental damage. The THP and
CALFIRE’s review process are
recognized as the functional equivalent
to the environmental review processes
required under the California
Environmental Quality Act of 1970
(CEQA). The policy of the State with
regard to the northern spotted owl can
be characterized as one of takeavoidance. The Director of CALFIRE is
not authorized to approve any proposed
THP that would result in take of a
federally-listed species, including the
northern spotted owl unless that taking
is authorized under a Federal Incidental
Take Permit (review process is outlined
in 14 CCR 919.9 and 919.10). This latter
point creates an incentive for private
landowners to enter into Federal safe
harbor agreements or habitat
conservation plans. CALFIRE also
regulates the conversion permitting
process in which private forest and
woodland can be converted to
agricultural uses (in contrast,
conversions of forest and woodlands to
residential, commercial, and industrial
uses are evaluated and permitted under
local land use planning authorities).
Benefits of Inclusion—We find there
are minimal benefits to including these
lands in critical habitat. As discussed
above, the principal benefit of including
an area in critical habitat is the
requirement that Federal agencies
consult with the Service under section
7(a)(2) of the Act to ensure actions they
fund, authorize, or carry out are not
likely to result in the destruction or
adverse modification of any designated
critical habitat. Section 7(a)(2) also
requires that Federal agencies must
consult with us on actions that may
affect a listed species and refrain from
undertaking actions likely to jeopardize
the continued existence of such species.
Our Final Economic Analysis (IEC
2012b) concludes that critical habitat
designation for the northern spotted owl
is unlikely to directly affect timber
harvests on private lands in California
because of the low likelihood that such
harvests would be simultaneously
connected to a Federal permitting or
funding action. Without a pending
Federal action, there is no basis for
initiating a consultation process under
section 7 of the Act. In northern
California, the Service has seen very few
section 7 actions resulting from Federal
permitting or funding activity on private
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lands. The U.S. Army Corps of
Engineers (Corps) through the U.S.
Environmental Protection Agency (EPA)
are the Federal agencies responsible for
regulating section 404 of the Clean
Water Act, which deals with discharge
of dredged or fill material into waters of
the United States. In the areas identified
as critical habitat for the northern
spotted owl the Corps has not taken
jurisdiction over activities associated
with stream alteration or fill and has
deferred to the State of California for
regulating these activities. As a result
many proposed actions involving water
quality issues and stream disturbance
are not referred to the Service for
section 7 consultation. The majority of
the water quality permitting actions in
California are now administered by the
California Department of Fish and Game
(CDFG) and by Regional Water Quality
Control Boards. Water quality permit
reviews by the Corps are very
uncommon. When Federal consultation
does occur, the affected areas are
typically limited to streams or roadways
adjacent to streams and thus in areas not
considered habitat for the northern
spotted owl. CALFIRE has indicated (in
its correspondence of July 6, 2012) that
it has no plans to enact additional
requirements for protection of the
northern spotted owl in response to a
possible critical habitat designation of
private lands in the State.
We, therefore, conclude that the
requirement that permitting and funding
agencies consult with us and ensure that
their actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species because the possibility of a
Federal nexus for a project on these
lands that might trigger such
consultation is limited (there is little
likelihood of an action that will involve
Federal funding, authorization, or
implementation). In addition, since the
lands in question are occupied by the
northern spotted owl, if a Federal nexus
were to occur, section 7 consultation
would already be triggered and the
Federal agency would consider the
effects of its actions on the species
through a jeopardy analysis. Because the
possibility of a Federal nexus on these
private lands is limited, the additional
regulatory benefits to the species and its
habitat through inclusion in critical
habitat, if any, are anticipated to be
minimal. In addition, existing State
regulations provide protections for the
northern spotted owl and its habitat,
and these protections are in continuous
effect. The protections to the critical
habitat of the northern spotted owl, by
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contrast, come into effect only in the
event of a Federal action.
Another benefit of including lands in
a critical habitat designation is that it
serves to educate landowners, State and
local governments, and the public
regarding the potential conservation
value of an area. This helps focus and
promote conservation efforts by other
parties by identifying areas of high
conservation value for northern spotted
owls. Any information about the
northern spotted owl and its habitat that
reaches a wider audience, including
parties engaged in conservation
activities, is valuable. In the case of the
northern spotted owl, any potential
educational benefits that might be
attributable to critical habitat
designation are minimized by the
existing State regulatory framework for
the northern spotted owl in timber
harvest planning. Private landowners
who harvest timber in proximity to
northern spotted owl activity sites are
required to conduct surveys of owl
activity and report those results in their
proposed timber harvest plans that are
submitted to CALFIRE for approval, so
critical habitat designation will not
result in any additional data collection.
While the State’s existing takeavoidance strategy for the northern
spotted owl does not necessarily
provide for long term conservation of
suitable habitat, it does serve an
important informational service with
private landowners through the timber
harvest planning process. Thus,
CALFIRE’s existing regulatory
framework provides adequate and
consistent education to the affected
community regarding the northern
spotted owl and its conservation needs.
Similarly, the great majority of
industrial and non-industrial forest
landowners, along with the in-house
and consulting biologists who conduct
the owl survey work, already
voluntarily submit their survey results
to the CDFG for entry into the California
Natural Diversity Database (CNDDB),
which is the State’s clearinghouse for
occupancy, activity, and spatial data on
special status species. It is highly
unlikely that inclusion in the final
critical habitat designation could cause
any increases in landowner and
biologist participation in the CNDDB
reporting. Voluntary participation rates
are currently very high, and we have no
evidence to suggest that inclusion in
critical habitat would increase those
rates any further.
In this case the educational value of
critical habitat is further limited by the
fact that the northern spotted owl is a
high-profile species, and most
forestland owners in the range of the
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northern spotted owl are knowledgeable
about the species. The release of the
Revised Recovery Plan for the Northern
Spotted Owl in 2011 was preceded by
outreach efforts and public comment
opportunities, and provided information
about the northern spotted owl and its
conservation needs to a wide
constituency. Furthermore, we
conducted extensive outreach efforts on
the proposed revision of critical habitat,
including multiple public information
meetings and opportunities for public
comment. Through these outreach
opportunities, land owners, State
agencies, and local governments have
become aware of the status of and
threats to the northern spotted owl, and
the conservation actions needed for
recovery.
Another potential benefit of the
designation of critical habitat is that it
may indirectly cause State or county
jurisdictions to initiate their own
additional protective requirements in
areas identified as critical habitat. These
measures may include additional
permitting requirements or a higher
level of local review on proposed
projects. However, CALFIRE has
indicated to use that it is unlikely to
impose any new requirements on
project proponents if critical habitat is
designated in areas already subject to
California Forest Practice Rules.
Therefore, we believe this potential
benefit of critical will be limited.
Finally, there may be some ancillary
benefits if the designation resulted in
changed timber management practices
on these private lands. These benefits
could include but are not limited to:
public safety benefits by increasing
resiliency of timber stands, improved
water quality, aesthetic benefits, and
carbon storage. However, as discussed
above, the possibility of a Federal nexus
on these private lands is limited, so
changes in timber management as a
result of critical habitat, and any
attendant ancillary benefits, are
anticipated to be minimal.
Benefits of Exclusion—The benefits of
excluding from designated critical
habitat the approximately 123,348 ac
(49,917 ha) of private lands in California
are relatively greater.
Excluding the approximately 123,348
ac (49,917 ha) of private lands from
critical habitat designation will sustain
and enhance the conservation
partnership between the Service and
CALFIRE. The Service is currently
working with CALFIRE to explore
avenues for more comprehensive
conservation planning for the northern
spotted owl in northern California that
goes beyond the existing take-avoidance
strategy. Development of a landscape
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scale analysis and plan (e.g., general
conservation plan) would provide for
greater protections to the northern
spotted owl and could incorporate
critical habitat conservation elements
within that planning process. Current
revisions and improvements to the
CNDDB database would aid in the
development of this plan, with the
ability to evaluate status and trends
across the region versus on a singular
THP or Non-industrial Timber
Management Plan (NTMP) level. Critical
habitat designation would be viewed as
another layer of regulatory process to
that already overseen by CALFIRE and
could impede landowner support for the
development of this larger
programmatic conservation plan and
undercut the efforts of CALFIRE to
contribute to such a discussion. We
received several public comments
objecting to this perceived redundancy
in regulation. Excluding those private
lands from the designation would avoid
a chilling effect on the partnership
between the Service and the affected
State regulatory agencies in California
regarding administration of their
existing conservation programs to
protect and conserve northern spotted
owls on private lands. We consider the
maintenance of our partnership between
the Service and the affected State
regulatory agencies in California to be a
significant benefit of exclusion.
In addition, there are many other
opportunities for private landowners to
enter into conservation agreements
without Federal involvement that will
benefit northern spotted owls.
Landowners can obtain ‘‘green’’ forest
certification through the Forest
Stewardship Council (FSC) or the
Sustainable Forestry Initiative (SFI) that
enables access to certain wholesale
lumber markets. They can register their
property with the California Climate
Action Registry to gain access to the
emerging carbon credit market in
California, or they can sell conservation
easement rights on their properties to a
land trust. In all cases, the landowner
gains immediate economic benefits in
exchange for agreeing to a management
program on their lands that meets the
objectives of the certification or
registration entity, or the land trust. All
of these instruments, by design, involve
the conservation and expansion of
standing forest inventory and forest
cover on the participating ownerships.
Whether by design or not, that will lead
to the long-term improvement of
existing northern spotted owl habitat
suitability and to the emergence of
suitable habitat in areas where it is
currently unsuitable. These market-
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based agreements have the long term
potential for significantly more on-theground benefits for the northern spotted
owl on private lands than would the
limited regulatory and educational
benefits that would result from critical
habitat designation.
The economic incentives for
landowners to enter into these
agreements are independent of a critical
habitat designation. We are not certain
how designation might affect
perceptions and priorities among the
grantors in agreements (i.e., the
certification and registration entities
and the land trusts). For example, land
trusts operate on limited funds and we
do not know how critical habitat
designation might influence them in
prioritizing properties for easement
acquisition; that is, whether it might
lead them to look more or less favorably
on designated lands, or treat some
geographic areas preferentially over
others. Thus, exclusion from
designation could avoid any uncertain,
and possibly detrimental, effects on
both buyers (land trusts, certification
entities) and sellers (landowners) in
market-based conservation programs
(IEC 2012b, p. 5–21).
Excluding these lands may reduce the
perception that some private
landowners have that they are being
subjected to redundant and unnecessary
regulation. As noted above, all private
land timber harvesting in California
must be conducted in accordance with
a site-specific THP that is submitted by
the owner and is subject to
administrative approval by CALFIRE.
The Director of CALFIRE is not
authorized to approve any proposed
THP that would result in take of a
federally-listed species, including the
northern spotted owl, unless that taking
is authorized under a Federal Incidental
Take Permit. The additional overlay of
Federal critical habitat on these private
lands may result in lack of support for
the development of a programmatic
conservation agreement with CALFIRE
and their valuable contribution of
information to the CNDDB due to their
perception of duplicative and
burdensome regulation specific to the
northern spotted owl.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—We have
reviewed and evaluated the exclusion of
approximately 123,348 ac (49,917 ha) of
privately-owned lands in the State of
California from the critical habitat
designation. The benefits of including
these lands in the designation are
comparatively small. We find there is
little likelihood of a Federal nexus on
these private lands that would trigger
the regulatory protections of critical
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habitat under section 7 of the Act. We
therefore anticipate little, if any,
additional protections through a
supplemental analysis of potential
adverse modification due to the
designation of critical habitat on these
lands.
The potential educational benefits of
inclusion are also limited. Under
existing State regulations, private
landowners who harvest timber in
proximity to northern spotted owl
activity sites are required to conduct
surveys of owl activity consistent with
the Service-recommended protocol and
report those results in their proposed
timber harvest plans that are submitted
to CALFIRE for approval, so landowners
are already aware of the presence of the
northern spotted owl and its habitat
needs, and critical habitat designation
will not result in any additional data
collection. The State of California’s
existing take-avoidance strategy for the
northern spotted owl provides an
important informational service with
private landowners through the timber
harvest planning process. Therefore, in
this instance, any potential educational
benefits of inclusion are minimal.
In contrast, the benefits derived from
excluding private lands and enhancing
our partnership with California State
regulatory agencies are relatively
greater. The minimal benefits of
inclusion are outweighed by the benefits
of fostering conservation partnerships
with CALFIRE that would relieve
private landowners of what they might
perceive as duplicative regulations.
Exclusion could also encourage the
partnership and collaboration in
development of the landscape
conservation planning between the
Service and CALFIRE by focusing efforts
towards that planning effort versus
applying a regulatory process that
would have limited private land
involvement.
We also considered the avoidance of
potential issues associated with
regulatory uncertainty due to critical
habitat designation to be a significant
benefit of exclusion. For example, there
may be a significant benefit of exclusion
from designation that would accrue due
to the avoidance of any uncertain, and
possibly detrimental, effects on both
buyers (land trusts, certification entities)
and sellers (landowners) in marketbased conservation programs that stand
to provide significant conservation
benefits to the northern spotted owl.
We have determined that maintaining
our partnership with California State
regulatory agencies provides a greater
benefit than would the regulatory and
educational benefits of critical habitat
designation. Therefore, in consideration
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of the factors discussed above, we have
determined that the benefits of
exclusion of private lands in California
outweigh the benefits of designating
these areas as critical habitat.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of 123,348 ac
(49,917 ha) of private lands in northern
California that are not currently under a
Federal agreement from critical habitat
for the northern spotted owl will not
result in the extinction of the species.
Habitat protection provisions in the
current California forest practice
regulation on private forestlands
provide some level of protection for the
species and its habitats. We reiterate
here that under the California State
Code (14 CCR 919.9 and 919.10), the
Director of CALFIRE is not authorized to
approve any proposed THP that would
result in take of a federally-listed
species unless that taking is authorized
under a Federal Incidental Take Permit.
For projects having a Federal nexus and
affecting northern spotted owls in
occupied areas, as is the case here, the
jeopardy standard of section 7 of the
Act, coupled with current land
management measures that are not
under Federal purview, would provide
assurances that this species will not go
extinct as a result of excluding these
lands from the critical habitat
designation. Further, the exclusion of
these lands from the final critical habitat
designation does not preclude advances
in our scientific knowledge of the
species and using that knowledge to
effectively advocate future
improvements in State forest practice
policies and procedures. Based on the
preceding analysis, the Secretary is
exercising his discretion under section
4(b)(2) of the Act to exclude private
lands totaling 123,348 ac (49,917 ha)
from the final critical habitat
designation.
State of Washington
In Washington we proposed 133,895
ac (54,186 ha) of private lands within
Spotted Owl Special Emphasis Areas
(SOSEAs) as critical habitat; all of these
lands were identified as under
consideration for exclusion. However,
as described in Changes from the
Proposed Rule, many of the small,
private parcels were removed from the
final designation upon a determination
that they did not meet the definition of
critical habitat, leaving. The remaining
areas of private lands in Washington
contained in this designation covered by
HCPs or SHAs and are private industrial
forest lands; these private lands are not
currently covered by HCPs or SHAs but
are covered under the WDNR Forest
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Practices Rules (FPR) and largely
located in SOSEAs. We have excluded
areas covered by HCPs and SHAs
because, for the reasons discussed
above, the benefits of excluding them
outweigh the benefits of including them
in critical habitat. We sought to make
our designation of private lands in
Washington as consistent as possible
with Washington State regulations
governing forest practices on private
lands. Most of the remaining private
lands are located only within SOSEAs,
areas designated by the State to provide
for demographic and/or dispersal
support as necessary to complement the
northern spotted owl protection
strategies on Federal land within or
adjacent to the SOSEAs. We find that for
these lands, too, the benefits of
excluding them in critical habitat
outweigh the benefits of including them.
In Washington, any private timber
harvest must obtain a permit from, and
comply with, the Washington Forest
Practices Act (RCW 76.09) as well as the
Washington Forest Practices Rules
(WAC 222). In the absence of a
federally-approved HCP covering
northern spotted owls or a Stateapproved special wildlife management
plan, suitable northern spotted owl
habitat in State-designated SOSEAs on
non-federal lands is protected by the
special Washington Forest Practices
Rules in State-designated SOSEAs.
Within SOSEAs, the Forest Practices
rules provide protection for suitable
northern spotted owl habitat. The
Washington Forest Practices Rules
maintain the viability of each northern
spotted owl site center by protecting: (a)
All suitable spotted owl habitat within
0.7 mile of each spotted owl site center;
and (b) a total of 2,605 acres of suitable
spotted owl habitat within the median
home range circle with a radius of 1.8
miles. Under the rules, proposed forest
practices likely to adversely affect
spotted owl habitat in either category (a)
or (b) above are likely to have significant
adverse impacts to the northern spotted
owl, and such activities would require
a Class IV special forest practices permit
and an environmental impact statement
per the State Environmental Policy Act.
The overarching policy goal of the
Washington Forest Practices Rules is to
complement the conservation strategy
on Federal lands, and as such the
SOSEAs are adjacent to Federal lands.
SOSEAs are designed to provide a larger
landscape for demographic and
dispersal support for northern spotted
owls. The long-term goal is to support
a viable population of northern spotted
owls in Washington.
In Washington, the Forest Practices
Board (the State regulatory rule-making
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body) has a long-standing relationship
with the Service and collaborates
extensively on northern spotted owl
conservation. The Service provided
extensive technical assistance in the
development of the Board’s existing
northern spotted owl rules. The Board
was recognized in Recovery Action 18
in the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011, p.
III–57) for its ongoing owl conservation
efforts and encouraged to continue to
use its existing processes ‘‘to identify
areas on non-federal lands in
Washington that can make strategic
contributions to spotted owl
conservation over time. The Service
encourages timely completion of the
Board’s efforts and will be available to
assist as necessary.’’ The Board
convened the Northern Spotted Owl
Implementation Team (NSOIT). The
NSOIT has been tasked to develop
incentives for landowners to conserve
northern spotted owl habitat, identify
the temporal and spatial allocation of
conservation efforts on non-federal
lands, and make recommendations to
the Board, should any rules need to be
updated. The NSOIT is also conducting
a pilot project testing different thinning
prescriptions in northern spotted owl
habitat. These efforts have evolved over
years of collaboration and are designed
to change the dynamic away from fear
and resistance to partnership and
participation. On November 13, 2012,
the Board took another step for northern
spotted owl conservation and expanded
the scope of the NSOIT to investigate
and recommend, in coordination with
the Service, voluntary programmatic
tools for private landowners to support
northern spotted owl conservation and
provide regulatory certainty for
landowners (WDNR in litt.). This step
further demonstrates Washington’s
willingness to use its authority and
processes to support northern spotted
owl conservation. The Service has and
continues to provide funding to support
the work of the NSOIT.
Benefits of Inclusion—The areas of
private land retained in our final
designation at issue here support both
essential demographic and dispersal
needs of spotted owls, and highlight the
important conservation roles of private
lands in Washington. Designation of
these private lands may raise public
awareness of conservation actions
needed for spotted owl recovery,
although the educational benefit of the
designation is somewhat limited
currently since these areas have already
been identified as SOSEAs, since 1997.
We find there are minimal benefits to
including these lands in critical habitat.
The designation of critical habitat
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invokes the provisions of section 7. Our
Final Economic Analysis (IEC 2012b, p.
ES–17) concludes that critical habitat
designation for the northern spotted owl
is unlikely to directly affect timber
harvests on private lands in Washington
because of the low likelihood that such
harvests would be simultaneously
connected to a Federal permitting or
funding action. Without a pending
Federal action, there is no basis for
initiating a consultation process under
section 7 of the Act. As discussed
previously, the designation of critical
habitat invokes the provisions of section
7. However, in this case, we find the
requirement that Federal agencies
consult with us and ensure that their
actions are not likely to destroy or
adversely modify critical habitat will
not result in significant benefits to the
species. The possibility of a Federal
nexus for a project on these lands is
small unless it was a larger project
covering adjacent Federal lands as well,
in which case section 7 consultation
would already be triggered and the
Federal agency would consider the
effects of its actions on the species. In
addition, most of the habitat on these
private lands would be assumed to be
occupied, further minimizing to some
extent the margin of conservation that
could be attained through section 7.
Any incremental benefits would be
further minimized because of the
protections already in place In addition,
it would be small in comparison to the
benefits already derived under the
WDNR FPR.
There is minimal incremental benefit
from designating critical habitat for the
northern spotted owl within private
lands covered by the WDNR Forest
Practices Rules (FPR) because these
lands are already managed for the
conservation of the species through the
WDNR FPR. The conservation measures
provided by that process will provide
greater protection to northern spotted
owl habitat than the designation of
critical habitat, which provides
regulatory protections only in the event
of a Federal action. In addition, the final
rule designation would provide for
protection of fewer acres than the
existing FPR. The WDNR FPR provides
for the needs of the northern spotted
owl by protecting and preserving
landscape levels of suitable northern
spotted owl nesting, roosting, and
foraging habitat as well as foraging and
dispersal habitat in strategic landscapes,
and implementing species-specific
conservation measures designed to
avoid and minimize effects to northern
spotted owls. The WDNR FPR also
contains provisions that address
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ownership changes and provides for the
ability to make ongoing adjustments in
a number of forms, including active
adaptive forest management. The ability
to change is crucial to meet new
recovery challenges. The Service
continues to be work with WDNR to
provide technical assistance in the
implementation of these rules. The
WDNR FPR contains provisions that
address ownership changes and the
outcomes expected by the Service.
Therefore, designation of critical habitat
would be redundant on these lands, and
would not provide additional
measureable protections.
Including lands in a critical habitat
designation does serve to educate
landowners, State and local
governments, and the public regarding
the potential conservation value of an
area. This helps focus and promote
conservation efforts by other parties by
identifying areas of high conservation
value for northern spotted owls.
Designation of critical habitat would
inform State agencies and local
governments about areas that could be
conserved under State laws or local
ordinances, such as the Washington
State Growth Management Act, which
encourage the protection of ‘‘critical
areas’’ including fish and wildlife
habitat conservation areas. Any
information about the northern spotted
owl and its habitat that reaches a wider
audience, including parties engaged in
conservation activities, is valuable.
However, WDNR, as the State’s natural
resource agency, is knowledgeable about
the species and has made substantial
contributions to our knowledge of the
species. The additional educational and
informational benefits that might arise
from critical habitat designation here
have been largely accomplished through
the public review and comment during
reviews of the FPR and associated with
the modification of the FPR, and
through implementation of the FPR by
landowners. The existing public process
for FPR development provides for
extensive opportunities for engagement
in the development and refinement of
the rules. The FPR includes intensive
public involvement and is frequently a
topic of open and public discussion
during meetings of the Washington State
Forest Practices Board, whose meetings
are open to the public and frequently
televised. This level of exposure in local
newspapers and television stations
exceeds the level of education that
would come from a designation that
would be read by few people in the
public. Moreover, the rulemaking
process associated with critical habitat
designation includes several
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opportunities for public comment, and
thus also provides for public education.
Finally, there may be some ancillary
benefits if the designation resulted in
changed timber management practices
on these private lands. These benefits
could include but are not limited to:
public safety benefits by increasing
resiliency of timber stands, improved
water quality, aesthetic benefits, and
carbon storage. However, as discussed
above, the possibility of a Federal nexus
on these private lands is limited, so
changes in timber management as a
result of critical habitat, and any
attendant ancillary benefits, are
anticipated to be minimal.
Benefits of Exclusion—With regard to
the benefits of exclusion from
designation, although the final
economic analysis (FEA) noted that one
possible outcome of the critical habitat
designation would be that the State
could revise its regulations, and in a
worst case scenario such revision could
result in some private acres no longer
being harvestable, we note that the
likelihood of such revision actually
occurring is characterized as speculative
(IEC 2012b, p. 5–20). The FEA notes two
possible outcomes of critical habitat
designation, one being no change in
Forest Practices Rules, the other is that
State would revise their regulations and
designate all suitable habitat
overlapping with Federal critical habitat
as ‘‘critical habitat state.’’ However,
Washington DNR representatives only
offered examples of potential responses
to Federal designation of critical habitat
in Washington, and did not comment
upon the likelihood that any of these
scenarios would occur (IEC 2012b, p. 5–
11). The FEA also makes note of the
potential indirect effects of critical
habitat on private lands, in terms of
private landowners possibly reacting by
changing their timber harvest practices
in response to perceived regulatory
uncertainty as a result of critical habitat
(IEC 2012b, p. 5–19).
In particular, a benefit of excluding
lands covered under the WDNR FPR
from critical habitat designation is that
it would encourage the State and other
parties to continue to work for owl
conservation. If lands within the WDNR
FPR area are designated as critical
habitat, it would also likely have a
negative effect on our ability to continue
to partner with the WDNR on this
conservation. In particular, the WDNR
comment letter (WDNR 2012) states that
if inclusion of private land is warranted,
then WDNR requests that the Service
‘‘create and bolster incentive based
conservation opportunities for private
landowners’’. This recognizes the
potential negative effects to their
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existing collaborative approach. By
excluding these lands, we preserve our
current private and local conservation
partnerships and encourage additional
conservation actions in the future
because other parties see our exclusion
as a sign that the Service will not
impose duplicative regulatory burdens
on landowners who are already have a
regulatory responsibility under the
WDNR FPR. As described in Changes
from the Proposed Rule, many of the
small, private parcels were removed
from the final designation upon a
determination that they did not meet the
definition of critical habitat. The
remaining areas of private lands (40,732
ac; 16,483 ha) in Washington contained
in this designation are private industrial
forest lands; these private lands are not
currently covered by HCPs or SHAs but
are covered under the WDNR Forest
Practices Rules (FPR). Of these, 37,000
ac (14,974 ha) occur within the spotted
owl circles currently regulated by the
existing FPR. It is unlikely that the
benefit of overlaying an additional
regulatory burden within the SOSEAs to
protect an additional 4,000 ac (1,619 ha)
would be a significant benefit within the
range of the owl. Excluding these
private lands from the designation
would avoid a chilling effect on the
partnership between the Service and the
affected State regulatory agencies
regarding administration of their
existing conservation programs to
protect and conserve northern spotted
owls on private lands. We consider the
maintenance of our partnership between
the Service and the affected State
regulatory agencies to be a significant
benefit of exclusion.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—The benefits of
including these lands in the designation
are small. The WDNR FPR contains
provisions for protecting and
maintaining northern spotted owl
habitat that provides for comprehensive
measures applied across a large
landscape that will benefit spotted owls.
WDNR personnel are extremely
knowledgeable regarding the ecology of
the northern spotted owl and have
contributed to the body of scientific
information about the northern spotted
owl. The landowners subject to these
State regulations are also informed by
them. In this instance, the regulatory
and educational benefits of inclusion
have much less benefit than the
continued benefit of the WDNR FPR
including the educational benefits
derived from the FPR.
The WDNR FPR provides for
significant conservation and
management within geographical areas
that contain the physical or biological
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features essential to the conservation of
the northern spotted owl and help
achieve recovery of this species.
Exclusion of private lands already
covered under the WDNR FPR will help
foster the partnership we have
developed with WDNR. Furthermore,
this partnership may aid in fostering
future cooperative relationships with
other parties in other locations for the
benefit of listed species.
In summary, we determine that the
benefits of excluding private lands
already covered under the WDNR FPR
from the designation of critical habitat
for the northern spotted owl outweigh
the benefits of including this area in
critical habitat. We find that including
these lands would result in minimal, if
any, additional benefits to the northern
spotted owl, as explained above. The
WDNR FPR includes species-specific
avoidance and minimization measures,
rule enforcement procedures, and forestmanagement practices and habitat
conservation objectives that benefit the
northern spotted owl and its habitat,
which exceeds substantially minimizes
the incremental any conservation value
provided as a result of a critical habitat
designation. Given the active and
ongoing efforts of the State of
Washington to address northern spotted
owl conservation, we have determined
that maintaining our partnership with
WDNR, in conjunction with the
conservation measures under the WDNR
FPR, provides a greater benefit to the
northern spotted owl than would the
regulatory and educational benefits of
critical habitat designation. We also
have determined that the potential
incremental educational and ancillary
benefits of critical habitat designation
on lands containing the physical or
biological features essential to the
conservation of the northern spotted
owl would be minimal, because WDNR
has already made significant
contributions to our understanding of
the ecology of the northern spotted owl,
and continues to do so through
implementation of Recovery Action 18
and through participation in range wide
demographic studies.
Exclusion Will Not Result in
Extinction of the Species—We have
determined that exclusion of
approximately 40,732 ac (16,483 ha) of
private lands covered under the WDNR
FPR will not result in extinction of the
northern spotted owl. The WDNR FPR
protects and preserves landscape levels
of suitable northern spotted owl nesting,
roosting, and foraging habitat as well as
foraging and dispersal habitat in
strategic landscapes, and implements
species-specific conservation measures
designed to avoid and minimize effects
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to northern spotted owls. The Board has
adopted a Wildlife Work Plan that
requires rule review and revision should
new information warrant that. We find
that exclusion of private lands currently
covered under the WDNR FPR will not
result in extinction of the northern
spotted owl. Therefore, the Secretary is
exercising his discretion under section
4(b)(2) of the Act to exclude these
private lands from this final critical
habitat designation that are currently
covered under the WDNR FPR totaling
about 40,732 ac (16,483 ha).
Congressionally Reserved Natural Areas
and State Park Lands
Our decision to exclude
congressionally reserved natural areas
and State park lands from this rule is
based on the unique circumstances
associated with this critical habitat
designation. Before making a final
decision of whether to exclude
congressionally and State reserved
natural areas, we weighed the relative
benefits and costs a designation of these
lands would confer and compared them
to the costs and benefits of no
designation. Our final decision is that
these areas are essential to the
conservation of the northern spotted
owl, but a designation of these areas in
this particular case would confer no
current or potential regulatory benefit
and a very minor education benefit. The
primary habitat threat to the northern
spotted owl is from commercial timber
harvest. Since commercial timber
harvest is not allowed on these lands,
there would be little benefit to
additional section 7 consultation on
effects to critical habitat. We also agree
with the National Park Service that a
designation would impose some, albeit
relatively small, additional
administrative costs to land managers
who would need to consult with the
Service if their actions or programs
might affect northern spotted owl
critical habitat. Likewise, we find that
State Park lands could experience some
additional minor administrative costs as
a consequence of this designation,
especially those State Parks jointly
managed with Redwood National Park
and those that may use Federal funding
for research and monitoring or program
and capital improvements. However, we
find that even these minimal costs
would outweigh the minor
informational benefits of including
these areas in the critical habitat
designation.
Benefits of Inclusion—The proposed
critical habitat rule published on March
8, 2012 (77 FR 14062), as part of
‘‘Possible Outcome 3’’ in Table 1 (p.
14068), proposed to exclude 2,631,736
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ac (1,065,026 has) of congressionally
reserved lands and 164,776 ac (66,682
ha) of State Park lands from final critical
habitat. These Federal reserved lands
include all National Parks and
Monuments, Wilderness Areas, Wild
and Scenic Rivers, National Scenic
Areas, and other congressionally
designated areas identified in the
proposed rule. State Parks lands
included Iron Horse State Park in
Washington, and all or portions of 30
State Parks in California, including
Jedediah Smith, Del Norte Coast, Prairie
Creek, Grizzly Creek, Humboldt
Redwoods, DeWitt Redwoods,
Richardson Grove, Reynolds Wayside,
Smithe Redwoods, Standish-Hickey,
Wm. Standley, Russian Gulch,
Mendocino Headlands, Mendocino
Woodlands, Van Damme, Montgomery
Woods, Navarro Redwoods, Hendy
Woods, Mailliard, Salt Point, Austin
Creek, Armstrong State Reserve,
Tomales Bay, Samuel P. Taylor, Mount
Tamalpais, Robert Louis Stevenson,
Bothe—Napa Valley, Sugarloaf Ridge,
Jack London, and Annadel State Park.
A primary purpose of these
congressional and State reserved natural
areas is to conserve natural ecosystems,
including those of the northern spotted
owl and its habitat, and educate the
public regarding the conservation of
these areas. Unlike other Federal and
State lands that have multiple use
mandates that include commercial
harvest of timber in the range of the
spotted owl, such as National Forests,
State Forests, and forests managed by
the BLM, these reserved natural areas
are unlikely to have uses that are
incompatible with the purposes of
critical habitat because the primary
threat to spotted owl critical habitat—
commercial timber harvest—is
prohibited on these lands. These natural
areas are managed under explicit
Federal and State laws and policies
consistent with the conservation of the
northern spotted owl, and there is
generally little or no timber
management beyond the removal of
hazard trees or fuels management to
protect structures, roads, human safety,
and important natural attributes. For
example, the Wilderness Act provides
conservation for the northern spotted
owl because it prohibits commercial
activities unrelated to wilderness
recreation. Thus, not only is commercial
timber harvest directly barred on these
Federal lands, but the Wilderness Act
also precludes the construction of roads
and most uses of mechanical
equipment. 16 U.S.C. 1133. The
fundamental purpose of the National
Park System, established by the Organic
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Act and reaffirmed by the General
Authorities Act, as amended, begins
with a mandate to conserve park
resources and values. This mandate is
independent of the separate prohibition
on impairment and applies with respect
to all park resources and values, even
when there is no risk that any park
resources or values may be impaired.
See 16 U.S.C. sections 1–4.
Similarly, all of the State Parks lands
proposed for exclusion occur in
California except for 104 ac (42 ha) in
Washington. California State Parks are
managed by the California Department
of Parks and Recreation. This Agency’s
mission is to ‘‘administer, protect,
provide for recreational opportunity,
and develop the State Park System
* * *’’ We are unaware of any
commercial timber harvests in
California or Washington State Parks.
Therefore, any habitat-disturbing
activities that might occur as the land
managers carry out their conservation
programs (e.g., trail maintenance,
education and outreach, operations and
maintenance, etc.) are likely to be
relatively minor and are unlikely to be
regulated by a critical habitat
designation. On the Federal reserved
lands, the section 7 prohibition on the
destruction or adverse modification of
critical habitat would be redundant and
unlikely to add any protection to these
important habitat areas. Likewise, many
of these State Parks have close working
relationships with Federal agencies and
may experience, through those Federal
partners, a section 7 nexus or other
administrative costs if the States utilize
Federal funds or require a Federal
permit for their activities. For example,
several State Parks in California (i.e.,
Del Norte Redwoods, Prairie Creek
Redwoods, and Jedediah Smith
Redwoods) are jointly managed with
Redwood National Park through an
agreement signed in 1994. In the San
Francisco Bay Area, the National Park
Service manages an inventory and
monitoring program that includes
actions by State Parks and other Federal
partners such as the U.S. Geological
Survey. Further, land managers monitor
spotted owl territories within these
reserved areas as part of long term
population monitoring efforts, and
barred owl populations are also
monitored as part of spotted owl
recovery efforts. For example, spotted
owl territories in Crater Lake National
Park have been monitored since 1992,
and there are multiple spotted owl
monitoring and conservation efforts
occurring in many these parks
throughout the species’ range. A critical
habitat designation on these State Parks
may introduce some additional
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administrative costs but confer no
increase in regulatory protection.
Therefore, we believe there would be no
regulatory benefits to inclusion of these
lands in critical habitat.
We also believe that a critical habitat
designation for these specific natural
areas would confer minimal additional
educational benefit toward spotted owl
conservation. These areas are generally
well known for their value to the
conservation of listed species due to the
education and communication programs
of the natural area management agencies
during the time since the listing of the
spotted owl. Educational materials are
distributed and other communication
programs occur regarding the
conservation of late successional forests
and the species that inhabit them such
as the spotted owl (see, e.g., Olympic
National Park Web site featuring spotted
owl information at https://www.nps.gov/
olym/naturescience/animals.htm, or
https://www.nps.gov/muwo/
naturescience/life-of-spotted-owls.htm
for NPS lands in central California). We
also note that the management agencies
overseeing these congressionally and
State reserved natural areas have a
positive history of over 20 years of
conserving northern spotted owls and
supporting research and conservation of
the owl on their protected lands. While
in other cases we have found benefits
where critical habitat would highlight
the importance of the habitat to owl
conservation for future planning and
management purposes, in the case of
these lands, management is already
consistent with habitat protection.
Therefore, it is unlikely that designation
of critical habitat of these areas would
provide any significant informational
benefits to the land managers or the
public.
Benefits of Exclusion—We attempted
to quantify the potential increase in
administrative costs for the Service
associated with a proposed designation
of critical habitat in congressionally
reserved land allocations. There is
generally little or no timber
management beyond removal of hazard
trees or fuels reduction to protect
structures and road maintenance, in
addition to fire-management activities.
Management guidelines for
congressionally reserved lands are
generally protective, so we do not
anticipate requesting any changes of
proposed management as a result of a
critical habitat designation, and we
would not anticipate reaching an
adverse modification determination. In
reserve areas where we do consult, the
designation of critical habitat would
likely add an adverse-modification
analysis to an existing consultation.
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Total incremental effects would likely
be about 4–6 hours of staff time per
action for both the action agency and
the Service, although this estimate
could vary widely depending on the
size and scope of the action.
The final economic analysis (FEA)
(IEC 2012b) quantified this potential for
an increase in administrative costs, and
they described the potential indirect
impacts due to time delays for project
processing and regulatory uncertainty.
The analysis states, ‘‘While critical
habitat is not expected to generate
changes to forest management practices
or to testing or training missions on NPS
or DOD lands, these areas may be
subject to new or increasingly complex
section 7 consultations as a result of
critical habitat designation. Activities
that may involve section 7 consultations
include the construction or maintenance
of visitor facilities on NPS lands and
access roads to projects or military
training including the use of vehicles,
explosives, and soldiers. DOD and NPS
will likely experience an additional
administrative burden to provide
biological assessments for projects in
consultations with the Service as a
result of critical habitat designation’’
(IEC 2012b, p. 4–4). The FEA forecast an
additional 16 informal consultations
with NPS on planned or ongoing
recreation and habitat management
projects (IEC 2012b, p. 4–27). (Although
the text refers to the NPS lands, the
same rationale generally applies to other
federally reserved lands in the proposed
exclusion.) The FEA did not quantify
the potential for direct incremental
economic impacts on State Park lands,
but it does identify the potential for
indirect impacts due to time delays and
regulatory uncertainty. Again, it is
expected that these impacts would be
relatively minor, but they nevertheless
are not offset by a proportional increase
in conservation benefits that would
accrue as a consequence of this critical
habitat designation on these lands.
Benefits of Exclusion Outweigh the
Benefits of Inclusion—In sum, we find
there are no regulatory benefits and
such minimal educational benefits to
including these lands in the designation
that they are outweighed by the minor
increase in administrative costs. We
reach this conclusion for several
reasons: (1) A critical habitat
designation of these reserved areas in
the range of the spotted owl would
provide no additional regulatory
benefits beyond what is already on these
lands due to their permanent status as
fully protected lands and, importantly,
the fact that commercial timber harvest
is not permitted on these lands under
Federal and State law and policy; (2) the
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designation of these reserve areas would
confer little additional educational
benefits associated with the
conservation of the spotted owl, as these
educational messages are already being
communicated in many of these areas
under existing programs; and (3) as
identified by the economic analysis and
the NPS, there is the potential for a
small but measureable increase in
administrative costs, time delays, and
regulatory uncertainty for the Service
and Federal and State land managers if
these lands were designated, without
any offsetting positive conservation
benefits to justify the increased
administrative costs.
After weighing these relative costs
and benefits, the Secretary has chosen to
exercise his discretion under Section
4(b)(2) of the Act to exclude these lands
from final critical habitat. As part of this
review we have determined the Federal
agencies are managing these reserved
natural areas under statutes that already
impose a clear conservation mandate
consistent with the specific needs of the
northern spotted owl, and a critical
habitat designation would confer no
additional conservation benefits to the
spotted owl that offset the potential
increase in administrative costs. In
making this decision, we also note the
historic role of congressionally and
State reserved natural areas as part of
northern spotted owl critical habitat. In
1992, the Service concluded that certain
congressionally reserved parks and
wilderness areas were essential to
spotted owl conservation, but we
declined to include these lands in the
final designation of critical habitat
because their current classification and
management was deemed adequate to
meet spotted owl conservation goals
(January 15, 1992; 57 FR 1796, p. 1806).
Likewise, in 2008, the Service revised
northern spotted owl critical habitat and
again concluded that congressionally
reserved natural areas would not be
included in final critical habitat for the
same reasons as those identified in the
1992 decision (August 13, 2008; 73 FR
47325, p. 47334). Although not a factor
in this section 4(b)(2) weighing, this
determination will maintain the
consistent management approach for
spotted owls that has occurred on these
lands over the last 20 years and should
minimize the potential for confusion
among land managers and the public.
This analysis is based in large part on
the particular conservation
requirements of the northern spotted
owl and is specific to this designation.
Thus, our determination that the
benefits of exclusion outweigh the
benefits of inclusion in this case does
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not necessarily have a bearing on future
critical habitat designations.
Exclusion Will Not Result in
Extinction of the Species—We conclude
that this exclusion of congressionally
and State reserved natural areas would
not result in the extinction of the
species. As described above, all of these
areas are managed under State and
Federal law to provide for the
conservation of species and their natural
habitat, including the northern spotted
owl. A critical habitat designation
would not enhance or incrementally
improve this dedicated management or
increase the protections of these lands,
nor would its absence somehow fail to
provide protections that otherwise
would not be present. Therefore, this
exclusion of lands from final critical
habitat would not result in any
appreciable risk of extinction to the
species because these lands will
continue to be managed to provide for
the conservation of the spotted owl.
Cumulative Analysis—Exclusion Will
Not Result in Extinction of the Species
We have determined that exclusion of
approximately 4,056,759 ac (1,641,777
ha) of lands from this final designation
of critical habitat will not result in
extinction of the northern spotted owl.
We have excluded these areas based, in
part, on the significant conservation
benefits afforded to the northern spotted
owl and its habitat on these lands
through the positive conservation
measures provided through SHAs,
HCPs, or other agreements with private
landowner partners with a proven track
record of conservation actions. Each of
these agreements, as discussed here,
provides significant conservation
benefits to the species in terms of
maintaining, enhancing, or recruiting
additional suitable habitat for the
northern spotted owl, and implementing
species-specific conservation measures
designed to avoid and minimize impacts
to northern spotted owls. Further, for
projects having a Federal nexus and
affecting northern spotted owls in the
excluded areas, all of which are
occupied by the species, the jeopardy
standard of section 7 of the Act provides
a level of assurance that this species
will not go extinct as a result of
excluding these lands from the critical
habitat designation. The species is also
protected by section 9 of the Act, which
prohibits the take of listed species.
Congressionally and State reserved
natural areas excluded are managed
under State and Federal law and policy
to provide for the conservation of
species and their natural habitat,
including the northern spotted owl.
These lands will continue to be
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managed under a clear conservation
mandate, and exclusion of these lands
from critical habitat will not deprive the
species or its habitat of any protections
that are not already present. Although
we did not assume that all private lands
without specific conservation
agreements would continue to fully
provide for the conservation of the owl,
we determined that the exclusion of
these lands would not lead to the
extinction of the species, due to existing
State protections and the fact that the
areas excluded constitute such a small
percentage of the overall designation.
For these reasons, we conclude that the
exclusion of these areas under section
4(b)(2) of the Act will not cumulatively
result in the extinction of the species.
Consideration of Indian Lands
In accordance with the Secretarial
Order 3206, ‘‘American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act’’ (June 5, 1997); the
President’s memorandum of April 29,
1994, ‘‘Government-to-Government
Relations with Native American Tribal
Governments’’ (59 FR 22951); Executive
Order 13175, ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (November 6, 2000, and
as reaffirmed November 5, 2009); and
the relevant provision of the
Departmental Manual of the Department
of the Interior (512 DM 2), we believe
that fish, wildlife, and other natural
resources on Indian lands may be better
managed under Indian authorities,
policies, and programs than through
Federal regulation where Indian
management addresses the conservation
needs of listed species. In addition, such
designation may be viewed as
unwarranted and an unwanted intrusion
into Indian self-governance, thus
compromising the government-togovernment relationship essential to
achieving our mutual goals of managing
for healthy ecosystems upon which the
viability of threatened and endangered
species populations depend.
In developing the proposed revised
critical habitat designation for the
northern spotted owl, we considered
inclusion of some Indian lands. As
described in the above section Criteria
Used to Identify Critical Habitat, and
detailed in our supporting
documentation (Dunk et al. 2012b,
entire), we evaluated numerous
potential habitat scenarios to determine
those areas that are essential to the
conservation of the northern spotted
owl. In all cases, we assessed the
effectiveness of the habitat scenario
under consideration in terms of its
ability to meet the recovery goals for the
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species. Furthermore, the habitat
scenarios under consideration included
a comparison of different prioritization
schemes for landownership; we
prioritized areas under consideration for
critical habitat such that we looked first
to Federal lands, followed by State,
private, and Indian lands. Indian lands
are those defined in Secretarial Order
3206 ‘‘American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities,
and the Endangered Species Act’’ (June
5, 1997), as: (1) lands held in trust by
the United States for the benefit of any
Indian tribe or individual; and (2) lands
held by any Indian Tribe or individual
subject to restrictions by the United
States against alienation. In evaluating
Indian lands under consideration as
potential critical habitat for the northern
spotted owl, we further considered the
directive of Secretarial Order 3206 that
stipulates ‘‘Critical habitat shall not be
designated in such areas unless it is
determined essential to conserve a listed
species. In designating critical habitat,
the Services shall evaluate and
document the extent to which the
conservation needs of the listed species
can be achieved by limiting the
designation to other lands.’’
Although some Indian lands
identified in our habitat modeling
demonstrated the potential to contribute
to the conservation of the northern
spotted owl, our analysis did not
suggest that these areas were essential to
conserve the northern spotted owl. This
determination was based on our relative
evaluation of the various habitat
scenarios under consideration; if the
population performance results from
our habitat modeling indicated that we
could meet the recovery goals for the
species without relying on Indian lands,
we did not consider the physical or
biological features on those lands, or the
lands themselves, to be essential to the
conservation of the species, therefore
they did not meet our criteria for
inclusion in critical habitat. Our
evaluation of the areas under
consideration for designation as critical
habitat indicated that we could achieve
the conservation of the northern spotted
owl by limiting the designation of
revised critical habitat to other lands.
Therefore, no Indian lands are included
in the revised designation of critical
habitat.
XII. Summary of Comments and
Responses
We requested written comments from
the public on the proposed revised
designation of critical habitat for the
northern spotted owl during an initial
90-day public comment period, which
opened with the publication of the
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proposed revised rule on March 8, 2012
(77 FR 14062), and closed on June 6,
2012. On June 1, 2012, we published the
notice of availability of the draft
economic analysis and draft
environmental assessment associated
with the proposed revised designation
of critical habitat (77 FR 32483), and
extended the comment period for the
proposed rule an additional 30 days,
through July 6, 2012, thereby providing
a total comment period of 120 days. In
addition, we held two public
information meetings in Redding,
California on June 4, 2012; two in
Tacoma, Washington, on June 12, 2012;
one in Portland, Oregon on June 20,
2012; and two in Roseburg, Oregon, on
June 27, 2012. We also held a public
hearing in Portland, Oregon, on June 20,
2012. In addition, we contacted
appropriate Federal, State, County, and
local agencies; scientific organizations;
and other interested parties and invited
them to comment on the proposed rule,
draft economic analysis, and draft
environmental assessment during these
comment periods. In addition, in
response to requests from several
Counties, and to ensure that all affected
Counties and State fish and wildlife
agencies in Washington, Oregon, and
California were able to thoroughly
review and comment as provided by
section 4(b)(5)(A)(ii) of the Act, the
Service provided an additional
opportunity for those entities to
comment until August 20, 2012.
During the comment period(s), we
received over 33,000 comments (many
of which were form letters), directly
addressing the proposed revised critical
habitat designation. During the June 20,
2012, public hearing, eight individuals
or organizations provided comments on
the proposed revised designation. All
substantive information provided by
commenters has either been
incorporated directly into this final
designation or addressed below.
Comments received were grouped into
general categories specifically relating to
the proposed revised critical habitat
designation, and are addressed in the
following summary, and incorporated
into the final rule as appropriate. We
received a number of highly technical
comments regarding the modeling
process used to develop critical habitat.
These technical questions are addressed
in the final Modeling Supplement
(Dunk et al. 2012b) rather than in the
following section. We also received
several comments regarding perceived
effects attributed to the original listing
of the northern spotted owl (June 26,
1990; 55 FR 26114), but are not
addressing those comments because
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they do not apply to this rulemaking,
which is limited to the revised
designation of critical habitat for the
northern spotted owl.
Comments From Peer Reviewers
In accordance with our peer review
policy published on July 1, 1994 (59 FR
34270), we solicited expert opinions
from 40 knowledgeable individuals with
scientific expertise that included
familiarity with the species, the
geographic region in which the species
occurs, and conservation biology
principles. We received responses from
15 of the peer reviewers.
We reviewed all comments received
from the peer reviewers for substantive
issues and new information regarding
critical habitat for the northern spotted
owl. The peer reviewers generally
supported the modeling process used to
inform the identification of critical
habitat and the resulting size and
distribution of the proposed revised
designation. Reviewers were divided on
the risks posed by climate change and
forest health, and whether active
management should be applied within
critical habitat.
We asked reviewers to address a
number of specific questions with
regard to the proposed rule. The
questions posed to the peer reviewers
and a summary of their responses are
provided below; peer reviewer
comments, clarifications, and
suggestions have been incorporated into
the final rule as appropriate. Our
responses to issues raised by the peer
reviewers are presented in the
subsequent summaries of comments and
responses.
Question 1a: Given the assumptions
about barred owl effects, does this
critical habitat network provide a
sufficient amount and distribution of
habitat for the northern spotted owl?
Peer Review Response: Of the seven
reviewers who provided a response to
this question, four indicated that it was
impossible to determine whether the
critical habitat network was adequate
with barred owls present across the
area. Two reviewers believed the
network was adequate, and one believed
it was too small given barred owl
impacts.
Question 1b: Have the physical or
biological features that are essential to
the conservation of the owl been
properly described? Do the areas
identified as proposed critical habitat
adequately capture these features? Are
there areas we identified that should not
be included in the designation?
Peer Review Response: Of the five
reviewers who addressed this question,
all believed the physical or biological
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features were properly described. A
number of these reviewers did have
suggestions for revising descriptions of
these features in specific forest types
and we have incorporated these
suggestions into the final rule.
Question 2: Does the critical habitat
network adequately encompass the
geographic range of the northern spotted
owl and represent the range of habitat
types used by the species?
Peer Review Response: Only three
reviewers specifically addressed this
question. All agreed that the network
encompassed the geographic range and
habitat types used by owls. One
reviewer expressed concern that
additional lands in the southwest
Washington lowlands should be
included to improve landscape
connectivity, and a second reviewer
indicated that maintaining areas of
marginal habitat where northern spotted
owls could persist in the face of
encroachment by barred owls may be
particularly important. See our response
to 0 for a detailed discussion regarding
inclusion of lands in southwest
Washington and inclusion of marginal
habitat.
Question 3: We have identified areas
on Federal lands in the ‘‘Matrix’’
classification (i.e., areas designated for
timber harvest under the NWFP) as
proposed critical habitat, as well as
some State and private lands where
Federal lands are lacking. Do you agree
or disagree with this approach? Why or
why not?
Peer Review Response: Eight
reviewers addressed this question, and
all agreed that inclusion of matrix lands
in critical habitat was supported. One
reviewer noted that the barred owl issue
needs to be addressed (see response to
0 for detailed discussion of this issue),
and another reviewer was surprised that
all habitat-capable lands in the western
portion of the species’ range were not
included in critical habitat (see 0 for a
more detailed discussion of this issue).
Question 4a: Does the proposed rule
appropriately cite the scientific
literature on ecological forestry to
recommend restoration of ecological
processes and the conservation of latesuccessional forests while also
providing sufficient habitat
conservation for northern spotted owls?
Peer Review Response: Ten reviewers
addressed this issue. Most supported
the idea that land managers consider the
application of ecological forestry
principles. Five believed the rule cited
appropriate literature, and several other
expressed general support, but
recommended consideration of
additional published research. Three
reviewers disagreed with some of the
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science that was cited, or the
interpretation of that science, and noted
that the discussion did not adequately
address studies that have documented
negative effects of timber management
on northern spotted owls and their prey.
Several reviewers recommended that
active management should be
conducted in an adaptive management
framework. We addressed these issues
in revisions to the section An
Ecosystem-based Approach to the
Conservation of the Northern Spotted
Owl and Managing Its Critical Habitat.
Question 4b: Do the proposed
guidelines for vegetation management,
including forest fuels treatments and
restoration of fire regimes, represent an
appropriate application of ecological
science?
Peer Review Response: Responses to
this question were varied. Eight
reviewers expressed overall support for
the concept, although several
recommended providing more specific
management information. Four
reviewers indicated that parts of the
document were unclear on whether
ecological science was applied
appropriately, and highlighted the lack
of understanding about how such
management actions may affect owls
and their prey. Two reviewers
specifically indicated that they did not
think that approach is appropriate.
Several recommended conducting active
management activities in an adaptive
management framework, until the
science becomes clearer regarding how
northern spotted owls are affected by
projects intended to restore forest health
or apply ecological forestry principles.
We addressed active adaptive forest
management in the section An
Ecosystem-based Approach to the
Conservation of the Northern Spotted
Owl and Managing Its Critical Habitat.
Question 4c: Do you believe the
proposed rule appropriately balances
the potential risks of taking action with
the potential risks of a passive (i.e., ‘‘no
action’’) management approach,
especially in the face of ongoing climate
change and the need to manage for the
entire forest ecosystem, not just
northern spotted owls?
Peer Review Response: Peer reviewers
were split in their opinions on this
question, and responded with varying
degrees of specificity. Eight reviewers
generally supported the suggestion that
land managers consider an active
management approach in managing
forest landscapes, although not all
stated whether the discussion of this
concept in the proposed rule balanced
the respective tradeoffs. Five reviewers
believed that the risks were not
appropriately balanced, that the
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discussion was too vague in weighing
the tradeoffs, or that there is too little
specific scientific understanding of the
explicit tradeoffs to conduct an
informed discussion. Several of these
reviewers indicated that there was too
much emphasis on active management
in the preamble to the proposed rule
given the lack of understanding about
how ecological forestry and restoration
management might affect owls. In
contrast, one reviewer noted that the
consequences of not applying
management in some areas (e.g., fireprone areas) were not sufficiently
addressed. We have addressed the need
to conduct additional research in an
adaptive management framework in the
section An Ecosystem-based Approach
to the Conservation of the Northern
Spotted Owl and Managing Its Critical
Habitat.
Question 5a: Is there relevant
information available we did not
incorporate into the critical habitat
modeling process (thoroughness), and
have we interpreted the existing
scientific information in a reasonable
way (scientific consistency)?
Peer Review Response: The 15
reviewers generally agreed that we did
include the appropriate information and
interpreted it in a reasonable way.
Recommendations to incorporate more
realistic barred owl encounter rates, use
individual home ranges rather than pair
ranges in the modeling process, and
analyze the effects of proposed
exclusions were suggested. We address
these issues in our responses to
Comment (11), Comment (38), and
Comment (139). One reviewer
questioned the accuracy of GNN data for
identifying northern spotted owl
habitat. We address the question
regarding the accuracy of GNN data in
our response to Comment (19). In
addition, some reviewers asked for more
detail regarding the modeling process.
Many of the responses to comments
provided here present such detail, and
we have incorporated additional
discussion in our separate Modeling
Supplement (Dunk et al. 2012b).
Question 5b: The modeling process
attempted to incorporate both scientific
uncertainty and demographic
(stochastic) variation. Were methods
used to incorporate uncertainty and
variability appropriate?
Peer Review Response: Six reviewers
addressed this question specifically.
Most had suggestions for improving our
methods including addressing temporal
variation in demographic rates,
providing confidence intervals on
estimates, and conducting sensitivity
analyses. We address specific comments
in more detail in the Modeling
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Comments section below, as well as in
our separate Modeling Supplement
(Dunk et al. 2012b).
Question 5c: Does the proposed
critical habitat rule correctly express the
key assumptions and uncertainties
underlying the scientific and technical
information it used, particularly in
regard to northern spotted owl habitat,
demographic trends, and influence of
barred owls on northern spotted owls?
Peer Review Response: In general, the
reviewers agreed that the rule did
address key assumptions and
uncertainties; however, most identified
specific areas these could be improved.
We address these comments in more
detail in the Modeling Section below, as
well as in our separate Modeling
Supplement (Dunk et al. 2012b).
Question 5d: Was the combination of
analytical methods (MaxEnt, Zonation,
HexSim) with professional judgment
(please see Criteria Used to Identify
Critical Habitat, pp. 14096–14101 in the
proposed rule (March 8, 2012; 77 FR
14062) for details) appropriate for
identifying critical habitat? Are there
additional analyses you would
recommend?
Peer Review Response: Of the 15 peer
reviewers, 1 thought that HexSim was
not an appropriate model given its
complexity, and 2 expressed concern
about the utility of the MaxEnt model
for identifying habitat. The majority of
peer reviewers thought that the
combination of analytical methods we
used was appropriate. We address the
question regarding the use of HexSim
and MaxEnt in our responses to
Comments (20, 21, 22, 26, and 43) as
well as in our separate Modeling
Supplement (Dunk et al. 2012b).
A number of peer reviewers had
additional comments about the concept
of active management. Since the
preambles to the proposed and final
rules discuss this concept, we have
addressed their comments below.
However, we emphasize that this rule
does not take any action or adopt any
policy, plan or program in relation to
active forest management. The
discussion is provided only for
consideration by Federal, State, and
local land managers, as well as the
public, as they make decisions on the
management of forest land under their
jurisdictions and through their normal
processes.
Additional peer reviewer comments
are addressed in the following summary
and incorporated into the final rule as
appropriate.
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Comments on Lands Included in Critical
Habitat and Exclusions
Comment (1): Several reviewers
commented that proposed critical
habitat failed to include habitat that
linked the Olympic peninsula to other
regions, and also did not include lowelevation habitat along the margins of
the Willamette Valley, Puget Trough,
Umpqua Valley, and Rogue River
Valley. Some reviewers indicated that
they thought this was a fault of the
modeling methods used.
Our Response: There are multiple
reasons why the areas described in the
above comments were not included in
the revised critical habitat. First, the
habitat model using MaxEnt was at the
500-ac (200-ha) scale, and was thus
unlikely to identify small, isolated
habitat fragments. This is not a failure
of the modeling, but rather a
consequence of these areas (identified in
the comments) having very little
northern spotted owl habitat; such
small, fragmented areas do not meet our
criteria for critical habitat, and are
therefore not included in final the
critical habitat designation. Second, to
incorporate additional information such
as connectivity and unique forest
situations, the Service also utilized
expert knowledge and current owl
location data (among other factors) to
determine what is essential for
conservation of the species. In Phase 3
of the critical habitat development
process, as described in Dunk et al.
2012b, we evaluated areas where
connectivity appeared to be deficient,
and added in habitat to strengthen
connectivity. However, most of the areas
identified in these comments
(particularly in western Washington)
consist largely of cutover industrial
timberlands, are not occupied by
northern spotted owls, do not contain
the primary constituent elements for
critical habitat, and are not otherwise
essential to the conservation of the
species because they do not provide
high-quality habitat or areas where
restoration of habitat is need to provide
essential connectivity or demographic
support. These areas were not included
in the 1992 or 2008 critical habitat
designations for the same reasons.
Without additional information about
the location and habitat conditions of
specific parcels in the areas mentioned
in this comment, we are unable to
further evaluate the benefits of
including them in the revised
designation.
Comment (2): One reviewer
questioned the fact that portions of
several late-successional reserves (LSRs)
including a portion of the Okanogan-
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Wenatchee National Forest in the
eastern Washington Cascades and lands
in the Western Klamath region that were
affected by the Biscuit Fire were not
included in the critical habitat proposal.
Our Response: Both of the areas
described in this comment generally
exhibit low relative habitat suitability
(RHS) values. The portion of the
Okanogan-Wenatchee LSR that was not
included contains much high-elevation
forest and dry forest seldom occupied
by the northern spotted owl. The Biscuit
Fire area described by the reviewer is
composed of low RHS due to a
combination of fire effects and
ultramafic soils.
Comment (3): One peer reviewer and
several public commenters were
concerned about congressionally
reserved areas not being included in
proposed critical habitat.
Our Response: All congressionally
reserved lands that met the criteria for
critical habitat were included in the
proposed revised designation. We
sought public comment on whether they
should be excluded from the final
critical habitat designation. Based on
further analysis and public comment,
they are excluded in the final revised
critical habitat designation. Our final
decision is that these areas are essential
to the conservation of the northern
spotted owl, but as these areas are
managed under a conservation mandate
that provides for the needs of the
northern spotted owl, we could find no
benefits to the designation that
outweighed the minor administrative
costs associated with including these
areas. Therefore the benefits of
exclusion outweighed those of
inclusion, and since such exclusion will
not result in the extinction of the
species, these congressionally reserved
areas have been excluded from the final
designation.
Comment (4): Several reviewers
highlighted the importance of keeping
State lands, congressionally reserved
lands, and some private lands without
HCPs or other agreements in critical
habitat.
Our Response: We agree that these
lands are important for the conservation
of northern spotted owls. However,
Federal parks and wilderness areas (and
any other congressionally reserved
lands) including State parks, as well as
private lands, have been excluded in the
final revised designation of critical
habitat for the northern spotted owl.
Some State lands are included in the
final critical habitat designation, unless
such lands had an HCP, SHA, or other
conservation measures in place that led
to their exclusion under section 4(b)(2)
(see Exclusions).
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Comment (5): Several reviewers
indicated that the largest reserve designs
may be the best for northern spotted owl
conservation.
Our Response: Designation of critical
habitat is constrained by the statutory
language in section 3(5) of the Act,
which states that critical habitat must
either have been occupied by the
species at the time it was listed and
contain the physical or biological
features essential to the conservation of
the species, or, if unoccupied at the time
of listing, be essential to the
conservation of the species.
Furthermore, section 3(5)(c) of the Act
specifies that except in rare
circumstances, critical habitat should
not include the entire geographical area
which can be occupied by the species.
We concur that in areas where highquality habitat is lacking, designating all
areas capable of developing in to
suitable habitat in the future might
provide more robust networks.
However, the addition of large areas of
currently unsuitable habitat as
suggested in this comment would likely
not meet the intent and mandate of the
statute. If occupied at the time of listing,
such lands would not provide the
requisite essential features. If
unoccupied at the time of listing, such
lands would only be included in critical
habitat if we found them to be essential
to the conservation of the species. Our
evaluation of various potential habitat
networks as we developed this critical
habitat designation demonstrated that
these lands are not likely to contribute
substantially more owls to the
rangewide population than the area
designated as final critical habitat, thus
we did not consider them to be essential
to the conservation of the species.
Comment (6): One reviewer stressed
the need to retain Recovery Action 10
and 32 lands in critical habitat.
Our Response: Recovery Action 10
and Recovery Action 32 do not
constitute specific areas of mapped
lands that could be included in critical
habitat designation. Rather, they are
broad landscape-level conservation
recommendations contained in the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011) for
identification and conservation of
important habitats that apply to all land
ownership categories and Federal land
management allocations, including
designated critical habitat. While
consistency with these and other
recovery actions is not required, Federal
land management agencies generally try
to conduct activities in a manner
consistent with the guidance provided
in the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011).
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Comments on Competition From the
Barred Owl
Comment (7): One reviewer indicated
that recovery efforts need to focus on
barred owl management in addition to
critical habitat.
Our Response: Barred owls and loss
or degradation of habitat are primary
factors impacting northern spotted owls.
As we noted in the proposed critical
habitat rule, habitat protection is
necessary, but not sufficient alone, to
recover the northern spotted owl. This
revised designation of critical habitat is
only one of many conservation actions
that will contribute to the recovery of
the northern spotted owl. The Service is
currently working on a final
environmental impact statement under
NEPA for experimental barred owl
removal to address the threat posed to
northern spotted owls by the barred
owl. Nonhabitat-based threats, such as
barred owls, are specifically addressed
in the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011),
and do not fall within the scope of this
critical habitat rule. The Revised
Recovery Plan, not this critical habitat
rule, should be considered the
comprehensive recovery document for
the northern spotted owl.
Comments Regarding the Northwest
Forest Plan (NWFP)
Comment (8): Several reviewers
indicated that the relationship between
proposed critical habitat and the
Northwest Forest Plan was unclear.
Our Response: We have attempted to
clarify the language regarding the
relationship between critical habitat and
the Northwest Forest Plan (NWFP). The
NWFP provides land management
guidance for most of the Federal lands
identified as critical habitat, and we
anticipate that the Standards and
Guidelines for the NWFP will continue
to direct management actions on these
lands, unless amended sometime in the
future. We emphasize that critical
habitat does not replace or supersede
the Standards and Guidelines of the
NWFP. Active management is discussed
in the preamble of this rule only to
encourage land managers to consider
the range of management flexibility
already contained in the NWFP. We
acknowledge the importance of the
NWFP as a management strategy for
conserving northern spotted owls and
late-successional forest habitat, and our
suggestions for special management
considerations needed to address the
threats to the physical or biological
features essential to the conservation of
the northern spotted owl (see Special
Management Considerations or
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the directives of the NWFP.
Comment (9): One reviewer noted that
LSR areas and locations on the East
Cascades were designed under the
assumption of static landscapes, not the
dynamic landscapes we now recognize.
Our Response: We have recognized
that the Standards and Guidelines for
management under the NWFP differ
across eastern and western forests, and
that eastern forests are very dynamic.
This condition was recognized in the
NWFP, and the Standards and
Guidelines of the NWFP allow for active
management in such areas (USDA and
USDI 2004, pp. C–12—C–13).
Comments on the Modeling Process
Here we provide a summary of
general comments received on the
modeling process that we used, in part,
to identify revised critical habitat for the
northern spotted owl. The habitat
modeling framework we utilized was
originally developed for the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011), and Appendix C of
the Revised Recovery Plan provides a
detailed description of the modeling
framework and the extensive testing and
cross-validation that was done at each
stage of development. In addition, we
note that the modeling framework that
we applied here to assist in the
identification of critical habitat for the
northern spotted owl was
independently the subject of prior peer
review and public comment for the
recovery plan. Particularly detailed or
technical comments on the habitat
modeling that we received in relation to
this critical habitat rule are addressed
separately in our Modeling Supplement,
Dunk et al. 2012b, in an effort to reduce
the length and improve the readability
of this rule.
Comment (10): One reviewer
suggested that the modeling of habitat
networks and scenarios should consider
a wider range of options or composites
with greater emphasis on sustainability
of owl populations, not efficiency. The
present document is biased in favor of
efficiency, not conservation of old forest
habitat.
Our Response: We evaluated each of
the potential critical habitat networks
with respect to the guiding principles
we developed, which were based on the
statutory definition of critical habitat
and informed by the recovery criteria for
the northern spotted owl as established
in the 2011 Revised Recovery Plan. The
recovery criteria for the northern
spotted owl are aimed at achieving
sustainable northern spotted owl
populations across the range of the
species. In terms of identifying critical
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habitat, we use the term ‘‘efficient’’ to
convey that we sought to include the
highest-quality habitat with the greatest
potential contribution to recovery and
minimize as much as possible the
amount of relatively lower quality
habitat in determining what is essential
to conservation of the species. In areas
of insufficient high-quality habitat,
lower quality habitat may still provide
the PCEs and may be essential in terms
of providing sufficient habitat overall to
sustain the population. We also sought
to rely on public lands to the extent
possible.
Efficiency never trumped owl
performance in our selection process;
the population performance of the
northern spotted owl in response to the
scenarios evaluated was our first
concern. However, given two or more
nearly equal population performance
outcomes, we did look for efficient
solutions; that is, given the choice
between two nearly equivalent habitat
networks in terms of northern spotted
owl population performance, we chose
the network that achieved roughly the
same level of performance provided by
a relatively greater proportion of public
lands or smaller overall designation.
Old forest habitat and areas of high RHS
are nearly identically represented in the
largest networks we evaluated (Z70,
Composites 1, 3, 4, and 7).
Comment (11): One reviewer
suggested the use of individual, rather
than pair home range size estimates in
the HexSim model.
Our Response: Because our spotted
owl population model is a females-only
model, it was most appropriate to use
individual home range sizes. Thus our
model will not simulate the resource
constraints that could result from male
owl’s consumption of limited food
resources. We strove to construct the
simplest model structure that captured
the essential ecological processes; doing
so made our northern spotted owl
model more straightforward to develop
and easier to understand. We evaluated
how well the HexSim model was
calibrated to actual populations, by
comparing simulated spotted owl
populations from our model with actual
densities of northern spotted owls as
measured within demographic study
areas (Appendix C, p. C–73). We found
that simulated populations were quite
similar to actual populations, suggesting
that the females-only model produced
reasonably accurate estimates. Finally,
because we used the HexSim model to
compare the relative differences in
population size resulting from different
reserve design assumptions, any biases
that may have been introduced into the
process from the use of a females-only
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71993
model would essentially be zeroed out,
since that bias would be the same across
all populations; in such a case, the net
relative difference would still be
accurately reflected between
populations.
Comment (12): One reviewer noted
that we did not include baseline
scenarios that provide clear insight
concerning the contributions that State,
private, and Indian lands might make in
the long run. They note that excluding
consideration of some large areas by
virtue of land ownership may have
attendant effects on demographic results
by inadvertently imposing ‘‘pinch
points’’ along the north-south axis of the
critical habitat area. The main concern
was that northern spotted owl recovery
may be quite limited by the initial
assumptions made about excluding
State, private, and Indian lands based
on their current conditions; remaining
alternatives considered may all be
poorer as a result.
Our Response: We did not make
initial assumptions about the
population contributions potentially
made by State, private, and Indian
lands, or about the feasibility of
including those lands in proposed
critical habitat. Our initial comparisons
of Zonation-derived reserve designs
included both ‘‘ALL lands’’ and
‘‘PUBLIC lands’’ scenarios (Appendix C,
p. C–49–52); these habitat networks did
not restrict our evaluation to particular
land ownerships, but allowed us to
evaluate all lands regardless of
ownership. Thus, we evaluated the
contribution of all land ownerships
before narrowing down the habitat
network designs based on policy and
cost-benefit analyses (meaning the
weighing of relative population
performance versus total area in the
designation), as fully described in our
Modeling Supplement (Dunk et al.
2012b). As discussed in this rule and in
that supplement, we sought to maximize
the reliance on public lands to the
extent possible, but only if it did not
compromise the population metrics
essential to conservation of the northern
spotted owl. In addition, as described in
the section Consideration of Indian
Lands, we conducted this analysis in
accordance with the Secretarial Order
3206 directive to consider ‘‘the extent to
which the conservation needs of the
listed species can be achieved by
limited the designation to other [nonIndian] lands.’’ As we did not identify
any Indian lands that were essential to
the conservation of the northern spotted
owl, we did not include any such lands
in the designation.
Comment (13): One reviewer asked
whether foraging habitat was considered
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separately from nesting/roosting habitat
in the Step 1 modeling, or if suitable
habitat was modeled as nesting/
roosting/foraging?
Our Response: Foraging habitat was
separate from nesting/roosting habitat,
as explained in Appendix C to the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, p. C–24).
Comment (14): One reviewer noted a
potential failure to acknowledge the
importance of winter migration behavior
to spatial and habitat requirements of
territorial northern spotted owls.
Our Response: We attempted to
incorporate some degree of winter
habitat requirements by using annual
home ranges in HexSim. To our
knowledge, the data we could use in
HexSim to incorporate broader
movements does not exist throughout
the northern spotted owl’s range. To the
extent that northern spotted owls move
away from their territories during the
nonbreeding period, and if habitat use
differs appreciably in the breeding
season and nonbreeding season, it is
possible that our approach did not
include all areas that may be important
to northern spotted owls. However, we
are unaware of a consistent
methodology that we could use to
overcome this potential shortcoming.
Comment (15): One reviewer
requested that we consider the effects of
fire in the modeling process used to
define critical habitat, and how critical
habitat should be protected from the
effects of fire.
Our Response: Our process
incorporated several different possible
vegetation growth and loss scenarios,
and modeled a variety of potential
northern spotted owl responses to
differing management strategies. These
scenarios were based on observed rates
of habitat change measured between
1996 and 2006. As such, they
incorporate habitat loss to fire and other
causes, and project it into the future as
a rate of change. We considered
explicitly modeling fire probabilities
and fire effects into the scenarios, but
the complexity and high degree of
uncertainty made this unfeasible.
Incorporating fire impacts would have
had a similar proportional effect to the
relative outputs of each modeled
scenario, thereby not elucidating real
differences between the effectiveness of
the modeled scenarios. The question of
protecting critical habitat from the
effects of fire is beyond the scope of this
rulemaking.
Comment (16): One reviewer
suggested that estimating the rate of
population change (l, or lambda) at 10year intervals makes interpretation more
difficult, especially with respect to the
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results from demographic studies,
where l is estimated as an annual
interval.
Our Response: Our use and estimate
of the finite rate of population change
was not intended to be compared to
estimates from demographic study areas
or the meta-analysis (e.g., Forsman et al.
2011). We used lambda as one basis for
comparison between the various
alternative potential critical habitat
networks considered to determine what
is essential to the conservation of the
northern spotted owl, using different
assumptions related to the barred owl
and the amount of suitable habitat.
Thus, our use of lambda at 10-year
intervals was appropriate for our
intended use of relative population
performance between habitat scenarios
under consideration.
Comment (17): One reviewer
indicated that one aspect that seemed to
be lacking in the designation of critical
habitat was whether the model correctly
predicted areas currently occupied by
northern spotted owls based on relative
habitat suitability. The reviewer
suggested that one way to accomplish
this would be to examine the spatial
distribution of critical habitat in relation
to the existing demographic study areas
and other areas with a history of surveys
for northern spotted owls.
Our Response: To evaluate how well
the modeling process identified areas
likely to be occupied by northern
spotted owls, we tested the predictive
ability of the model by comparing our
RHS model outputs with the
distribution of known northern spotted
owl locations (independent data sets)
from the years 1996 and 2006, and in
both cases found a high predictive
accuracy. The results of this comparison
are presented on pages C–38 to C–41 in
Appendix C of the Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011).
Comment (18): One reviewer
indicated that the models are likely to
be ‘‘overfit’’ (an overfit model that is
overly sensitive to small fluctuations in
data inputs, and will consequently have
poor predictive results), even though
cross-validation results by modeling
region showed that all models were
relatively robust to prediction (Table
C19, Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011)).
The reviewer indicated that this point
needs to be more clearly disclosed.
Several commenters expressed concern
about the number of covariates in the
RHS models, and the potential for
overfitting.
Our Response: We carefully evaluated
the modeling procedures we used to
identify spotted owl habitat and test the
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resulting models using both crossvalidation and independent data sets.
Based on the results of our evaluations,
we disagree that our models are overfit.
We have clarified the procedures used
and results of model testing in the final
Modeling Supplement (Dunk et al.
2012b). MaxEnt is designed to reduce
the effects of the potential model overfitting through its use of regularization.
The main consequence of overfitting
that we wished to guard against was that
of having models so tightly fit to the
training data that they were not
generalizable (i.e., that they did not
work well at classifying test data or data
that did not contribute to the model’s
development). Our extensive crossvalidation (randomly removing 25
percent of the data, each of 10 times
within each modeling region) and
evaluation of each model’s full and
cross-validated performance revealed
that the models were not overfit (see
Table C–16). Furthermore, where we
had adequate independent data, the
models performed almost identically on
them as on the training data (see Table
C–17). We share the reviewers concerns
with overfitting models, and we directly
evaluated whether the consequences of
overfitting were realized and found that
they were not. Thus, the conclusions on
page C–41 of the Revised Recovery Plan
(USFWS 2011) under ‘‘Model evaluation
summary’’ remain valid.
Comment (19): Some reviewers and
commenters suggested that the GNN
database used to develop the relative
habitat suitability (RHS) map is
inappropriate for use in designating
critical habitat because it does not
depict what actual vegetative
components exist on the ground but is
a computer simulation of what might
exist. The reviewer stated that since the
base vegetation layer does not
accurately represent stand conditions on
the ground, it is impossible to show
what stands contain PCEs and which do
not. Several reviewers suggested that a
formal accuracy assessment of the GNN
data is needed and suggested that model
predictions of habitat conditions should
be verified. One reviewer indicated that
inaccuracies in the GNN database
probably led to errors with MaxEnt
predictions of owl distributions. The
reviewer suggested that there is little
science to support the assumptions that
GNN data for vegetative variables
believed to be important to northern
spotted owls were equally accurate
across modeling regions, and there is
little certainty that relevant processes
were sufficiently captured so as to
reliably predict owl population
performance. The reviewer further
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claims the Service did not assess the
accuracy of the GNN data. Finally, the
reviewer states that Dr. Larry Irwin,
National Council for Air and Stream
Improvement (NCASI) conducted an
analysis of how well the GNN–LT data
correlated with actual measurements on
the ground, and concluded that there is
a very low correlation between GNN–LT
predictions and reality. Further, the
reviewer states that GNN–LT was
developed for mid- to large-scale spatial
analysis, not the designation of critical
habitat.
Our Response: We concur that the
RHS models and subsequent modeling
steps are dependent on the reliability of
the GNN vegetation layer. A description
of our use of GNN and accuracy
assessments for the GNN variables used
in our RHS models are presented in
detail on pages C–16 to C–19 of the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011). Based on
our data needs, these accuracy
assessments, and independent
verification of the performance of GNN
estimates, we have determined that
GNN represents the best scientific
information available for habitat
modeling throughout the range of the
northern spotted owl.
As described in detail in Appendix C,
we selected the GNN vegetation
database for a number of reasons; most
importantly it is the layer developed for
use in the Northwest Forest Plan
monitoring program. In addition, it is
the only vegetation layer available that
covers all land ownerships across the
entire range of the northern spotted owl.
Past efforts to model, map, and quantify
habitat selection by northern spotted
owls at regional scales have often
suffered from lack of important
vegetation variables, inadequate spatial
coverage, or coarse resolution of
available vegetation databases (Davis
and Lint 2005). To develop rangewide
models of relative habitat suitability for
northern spotted owls, we required
maps of forest composition and
structure of sufficient accuracy to allow
discrimination of attributes used for
nesting, roosting, and foraging by
northern spotted owls (the essential
physical or biological features). GNN,
developed for the NWFP’s effectiveness
monitoring program, provides detailed
maps of forest composition and
structural attributes for all lands within
the NWFP area (coextensive with the
range of the northern spotted owl).
Although the GNN approach is a
method for predictive vegetation
mapping, it is based on input of
empirical forest attribute data from
inventory plots (Forest Inventory and
Analysis, current vegetation analysis,
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etc.) and modeled relationships between
plots and predictor variables from
Landsat thematic mapper imagery,
climatic variables, topographic
variables, and soil parent materials.
The GNN maps come with a large
suite of diagnostics detailing map
quality and accuracy; these are
contained in model region-specific
accuracy assessment reports available at
the LEMMA Web site (https://
www.fsl.orstu.edu/lemma/). Accuracy
assessments apply to the GNN model(s),
rather than the satellite imagery. We
provide Pearson correlation coefficients
of GNN structural variables used in
Table C–1 of the Revised Recovery Plan
(USFWS 2011, pp. C–18 to C–19), and
local accuracy assessments (kappa
coefficients) for individual species’
variables in Table C–2. For developing
models of northern spotted owl habitat,
we generally selected GNN structural
variables with plot correlation
coefficients greater than 0.5 for an
individual modeling region (42 percent
had correlation coefficients greater than
0.7). On a few occasions when expert
opinion or research results suggested a
particular variable might be important,
we used variables with plot correlations
from 0.31 to 0.5. For species
composition variables, we attempted to
use only variables with kappas greater
than 0.3. However, because we
combined species’ variables into groups
that expert opinion and research
suggested may represent influent
community types, we occasionally
accepted variables with kappas greater
than 0.2 and less than 0.3 for individual
variables within a group.
The GNN vegetation database was
specifically developed for mid-to largescale spatial analysis, suggesting that
accuracies at the 30-m pixel scale may
be less influential to results obtained at
larger scales. Because we were
interested in the utility of GNN at our
analysis area (500 ac (200 ha)) spatial
scale, we additionally conducted less
formal assessments where we compared
the distribution of GNN variable values
at a large sample of actual locations
(known northern spotted owl nest sites
and foraging sites) to published
estimates of those variables at the same
scale. In addition, we received
comparisons of GNN maps to a number
of local plot-based vegetation maps
prepared by various field personnel.
Based on these informal evaluations, we
determined that GNN represents a
dramatic improvement over past
vegetation databases used for modeling
and evaluating northern spotted owl
habitat, and used GNN maps as the
vegetation data for our habitat modeling.
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Our primary objective in Step 1 of the
modeling process was to develop
MaxEnt models that perform well at
predicting northern spotted owl habitat
by developing models that had good
discrimination ability, were well
calibrated, were robust, and had good
generality. Our detailed evaluations of
model performance, cross-validation,
and comparison with independent data
sets (described in pages C–30 to C–41 in
Appendix C of the Revised Recovery
Plan) demonstrate that at the scale
MaxEnt models were developed and
evaluated, we met these objectives.
Acknowledging that all vegetation
databases will exhibit some degree of
error, if the GNN layer was inadequate
for predicting northern spotted owl
habitat, we would not expect the
reliable predictive models that we
obtained. Thus, as described above,
given our data needs, we believe the
GNN database represents the best
available information for the purposes
of identifying critical habitat for the
northern spotted owl. We are unaware
of any alternative existing scientific
information, and no viable suggestions
were offered by reviewers or
commenters.
Comment (20): One reviewer
indicated that inaccuracies in the GNN
database and inherent problems with
MaxEnt probably led to errors with
MaxEnt predictions of owl distributions.
The reviewer suggested that there is
little science to support the assumptions
that GNN data for vegetative variables
believed to be important to northern
spotted owls were equally accurate
across modeling regions, and there is
little certainty that relevant processes
were sufficiently captured so as to
reliably predict owl population
performance.
Our Response: As noted earlier, no
vegetation database will be free of error;
the important question is whether the
database used is accurate enough to
support the intended analysis
objectives. We acknowledge that there
may be some errors in the GNN
database, yet the MaxEnt models we
developed performed very well at
predicting habitat suitability for
northern spotted owls (one would not
expect reliable predictive models if the
underlying databases were highly
inaccurate—one would expect poorly
performing models). Our evaluation of
the MaxEnt models developed indicate
that the models for all modeling regions
were well calibrated and showed quite
similar patterns in terms of strength of
selection (Figure C–5, USFWS 2011).
Cross-validation results showed that all
models were robust (i.e., equally
accurate when applied to different
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subsets of the spotted owl sample;
USFWS 2011, Table C–19), and
comparison of model results with
independent test data showed the
models had good ability to predict
known northern spotted owl locations
(USFWS 2011, Table C–20). Overall,
these evaluations suggest our models of
relative habitat suitability were robust
and have good generality (are good at
predicting northern spotted owl habitat
in areas other than areas that provided
the data for development of the model).
As detailed in our response to 0 based
on our data needs, accuracy
assessments, and independent
verification, amongst other information,
we believe the GNN database represents
the best available scientific data for our
purposes.
We are uncertain about what
‘‘inherent problems with MaxEnt’’ the
reviewer may be referring to; MaxEnt
has been thoroughly evaluated in the
scientific literature and found to
perform very well for predicting species
distributions and habitat suitability.
Peer-reviewed papers by Elith et al.
(2006), Wisz et al. (2008), Graham et al.
(2008), Phillips et al. (2009), and
Willems and Hill (2009) all compared
MaxEnt to other modeling tools on
identical data sets (sometimes hundreds
of species), sample sizes, and
geographic areas. MaxEnt always
performed very well and was
consistently a top-performing model.
Based on the accurate performance of
the model and the thorough,
independent scientific evaluations of
MaxEnt on a number of taxa, geographic
regions, and sample sizes, we believe
we have utilized the best available
scientific information to model habitat
suitability for the northern spotted owl.
We note that 13 out of the 15 peer
reviewers agreed that the use of MaxEnt
was appropriate for our purposes.
Comment (21): One reviewer stated
that although the Service claimed in the
proposed rule that the modeling process
defined areas that contain the physical
and biological features essential for
conservation of the species, that in
reality MaxEnt provides no scientific
support for the PCEs described in the
proposed rule, and the proposed rule
cites no other scientific basis for them.
The reviewer indicates that MaxEnt
simply ranks pixels in an area based on
the ‘‘best’’ habitat definition supplied to
it, and that the habitat definitions
chosen by MaxEnt do not represent
what the spotted owl needs and do not
delineate the physical or biological
features essential for the conservation of
the species.
Our Response: The comment
mischaracterizes the relationship
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between our habitat modeling and the
identification of PCEs for the northern
spotted owl. We did not use the habitat
modeling to define the PCEs for the
species. As stated in the proposed rule
(March 8, 2012; 77 FR 14062, p. 14082),
and reiterated in this rule, the physical
or biological features essential to the
conservation of the species (and
associated primary constituent elements
(PCEs)) of critical habitat for the
northern spotted owl, are identified
based on ‘‘* * * studies of the habitat,
ecology, and life history of the species
as described in the final listing rule
published in the Federal Register on
June 26, 1990 (55 FR 26114), the
Revised Recovery Plan for the Northern
Spotted Owl released on June 30, 2011,
the Background section of this proposal,
and the following information.’’ The
following section of the proposed rule,
titled Physical or Biological Features,
provided an expansive discussion of the
scientific basis for the identification of
the essential physical or biological
features of critical habitat for the
northern spotted owl, accompanied by
numerous supporting citations from the
scientific literature, which informed our
description of the PCEs. The modeling
was not used to describe the PCEs of
critical habitat; rather, it was used to
identify the areas most likely to contain
the PCEs and the areas most likely to
have been occupied by northern spotted
owls based on habitat suitability at the
time of listing, as well as identify the
specific areas essential to the
conservation of the species. This is an
important distinction. The habitat
models were constructed from a
rigorous assessment of current
knowledge of the physical and
biological features that influence
northern spotted owl habitat suitability,
and are supported by a solid scientific
basis. We recognize that there may have
been some poorly worded statements in
the proposed rule that led to some
confusion regarding the intersection of
the PCEs and the modeling framework.
We have clarified the language in this
final rule to make it clear that we did
not use models to define the PCEs for
the northern spotted owl, but that we
used the PCEs to develop maps of
relative habitat suitability across the
range of the northern spotted owl as one
step in the identification of critical
habitat for the species.
Comment (22): One reviewer
recommended that the Service: (a)
evaluate the rate at which MaxEnt may
misclassify locations that do not contain
spotted owls; and (b) provide evidence
that MaxEnt accurately incorporates the
factors that reflect the best
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environmental conditions for optimal
population performance among
northern spotted owls.
Our Response: Our models were
developed to identify areas likely
occupied at the time of listing based on
relative habitat suitability (RHS), not to
identify areas that do not contain owls.
Furthermore, the presence of owls on
territories can vary across space and
time. There any many possible reasons
that an organism (northern spotted owl
in this case) may not occupy apparently
suitable habitat for a period of time (e.g.,
death, competition, population is not at
equilibrium with its environment). We
did not use the RHS values to predict
the number of years a site would be
occupied or the reproductive rates at
territories. The RHS layers we
developed have been subjected to
rigorous cross-validation and testing
with independent data, as explained in
Appendix C of the Revised Recovery
Plan (USFWS 2011). Our assessment of
the estimated on-the-ground conditions
at high, intermediate, and low RHS
values corresponds very closely to the
published literature on northern spotted
owl habitat use and selection, thus
addressing (b). See also our responses to
Comments (19), (20), and (21), among
others.
Comment (23): One reviewer stated
that comparisons with other evaluations
of northern spotted owl habitat
demonstrate the flaws in the modeling.
In comparison with NWFP land use
allocations, the modeling process
includes 2.7 million ac (1.1 million ha)
of lands that, up until now, had not
been viewed as being needed for the
recovery of the spotted owl. Overlaying
the proposed critical habitat designation
with USDA Pacific Northwest Research
Station’s 2011 data on old growth
forests shows that only 36 percent of
proposed critical habitat comprises latesuccessional old growth forest.
Overlaying the proposed designation
with USDA Pacific Northwest Research
Station’s 2011 report allocating spotted
owl habitat into unsuitable, marginal,
suitable and highly suitable shows that
50 percent of proposed critical habitat is
either unsuitable or marginal habitat,
and only 24 percent of the acres are
classified as highly suitable.
Our Response: The designation of
critical habitat is guided by the statutory
language of the Act, and is highly
species-specific in terms of its direction
to identify specific areas that provide
the physical or biological features
essential to the conservation of the
listed species in question—in this case,
the northern spotted owl. Latesuccessional reserves under the NWFP,
on the other hand, were established for
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the conservation of multiple species of
varying taxa (birds, mammals,
amphibians, fishes, etc.) and, in some
areas, encompass forest types not used
by northern spotted owls. For these
reasons, the comparison of critical
habitat with NWFP land use allocations
is inappropriate, because they are
intended to serve different purposes.
The 2.7 million ac (1.1 million ha) of
lands the reviewer refers to are
presumably the congressionally
reserved natural areas (wilderness areas
and national parks) that are now
excluded in this designation. These
lands have consistently been viewed as
essential to the recovery of the northern
spotted owl since the species was listed.
However, they were not included in
previous designations due to our
interpretation of the definition of
critical habitat under section 3(5)(A) of
the Act at that time and because their
current classification and management
was deemed adequate to meet northern
spotted owl conservation goals. A
primary purpose of these
congressionally reserved natural areas is
to conserve natural systems, including
threatened and endangered species and
their habitats, including the northern
spotted owl. These areas are managed
consistent with the conservation of the
northern spotted owl, and we could find
no benefit of inclusion that would
outweigh the potential administrative
costs associated with the designation of
critical habitat on these lands.
Based on our modeling process, we
found that northern spotted owl
population performance under a habitat
network represented by the 1994 NWFP
was relatively poor compared with
several other reserve designs (Dunk et
al. 2012b). This result is not surprising
considering the influence of barred owls
and continued habitat loss to wildfire.
Similarly, the results of this
commenter’s comparison of proposed
critical habitat to maps of old growth
forest and the nesting habitat model
from the 2011 NWFP monitoring report
would be anticipated, because the
NWFP models represent only a portion
of the habitat elements and spatial
extent used by northern spotted owls. In
particular, the classification of habitat
into unsuitable, marginal, suitable, and
highly suitable pertains only to forest
structure used for nesting at the pixel
scale, whereas our models are based on
landscape-level habitat selection and
incorporate the broader array of habitats
used by northern spotted owls
(including non-old growth). We believe
the commenter is attempting to make
‘‘apples and oranges’’ type comparisons
of habitat, and for the reasons described
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above, we disagree with the statement
that such comparison demonstrate flaws
in our modeling.
Comment (24): One reviewer stated
that the Zonation model was not
designed to develop a conservation
network and that this model does not
make a judgment as to what is essential
for the conservation of the species. As
characterized by the reviewer, Zonation
does not use the presence or absence of
PCEs as input so it does not show where
the PCEs are essential. According to the
reviewer, what it does is take the
relative habitat suitability index of the
MaxEnt model (which itself does not
depict the presence or absence of PCEs),
further smooth them by assigning new
values at the home range size of 3,424
ac, (1,386 ha) and determines how little
land is required to capture some percent
of habitat values based on the
parameters provided by the Service. It
does this by removing the areas with the
lowest habitat values first until the
specified percentage of the habitat
values are left. The reviewer contends
that the Service used Zonation outputs
that captured 70 percent of the habitat
values as the basis for the proposed
revision of critical habitat, and that this
in no way supports the premise that
these areas are essential for the
conservation of the species. The
reviewer claims that Zonation only
shows a computer’s calculation of the
minimum amount of land needed to
encompass 70 percent of the habitat
value, which is a purely artificial data
point created from smoothed indices of
a relative habitat suitability index based
on biased spotted owl locations overlaid
on a hypothetical landscape using
conglomerated data. The reviewer states
there is no way to determine if the areas
captured by these solutions actually
contain the PCEs, and the Service has
no idea how accurate the model is in
predicting use by spotted owls.
Our Response: We disagree with the
reviewer’s statement in that it
mischaracterizes the intended purpose
of Zonation, the way the model works,
and how the Service used it. The
Zonation model was designed
specifically for the purpose of
developing conservation networks
(Moilanen and Kojala 2008). However,
we did not simply employ the Zonation
model to provide a critical habitat
network. As described in our response
to Comment (21), and as detailed at
length in our Modeling Supplement
(Dunk et al. 2012b), we used the PCEs
for the northern spotted owl to develop
maps of relative habitat suitability for
the species across its range; this step
then informed the development of the
spotted owl habitat conservation
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planning model (Zonation), thus the
presence of PCEs is the foundation of
the entire habitat modeling framework,
and is fundamental to our identification
of critical habitat for the northern
spotted owl. We used Zonation to
provide a series of alternative networks
that were then compared in terms of
relative simulated spotted owl
population performance (using
HexSim). After comparing a wide range
of Zonation-derived scenarios, the topperforming alternatives for each
modeling region were assembled into
composite maps for further evaluation
in HexSim. Development of composite
maps also involved modification of
reserve designs based on expert opinion
and policy. In many modeling regions,
the proposed critical habitat deviates
substantially from the strictly Zonationderived reserve designs, because use of
the modeling was only one step in the
process of identifying critical habitat.
Finally, the Service verified that the
resulting proposed critical habitat met
the statutory criteria of critical habitat
by evaluating the proportion of
proposed critical habitat that was
occupied by known northern spotted
owl home ranges at the time of listing
and that provides the essential physical
or biological features, and by evaluating
any areas that may have been
unoccupied at the time of listing to
determine whether they are essential to
the conservation of the species. In
addition, to address any uncertainty
regarding occupancy, we evaluated all
of the critical habitat under the higher
standard of section 3(5)(a)(ii) of the Act.
Please see Criteria Used to Identify
Critical Habitat for further information.
Comment (25): One reviewer stated
that the process used by the Service to
define what constitutes nesting,
roosting, and foraging habitats in the
proposed rule produced results in
staggering differences compared to
historical definitions. According to this
reviewer, not only are they totally
different from what has been viewed as
valid definitions for almost 20 years, but
they are also totally unrecognizable on
the ground. The reviewer claims the
proposed rule utilizes habitat
definitions derived from analysis of the
hypothetical GNN–LT vegetation layer
coupled with abiotic factors, which only
make sense in computer modeling. The
reviewer states that MaxEnt does not
use these definitions to identify NRF
(nesting/roosting/foraging) habitat but
rather assigns an RHS value based on
how many of the factors are present.
Finally, the reviewer says that the
Service claims to be using these factors
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to determine if stands contain the PCEs
when, in fact, they do not.
Our Response: We are unsure of the
basis for this comment, since the
definitions of nesting, roosting (NR) and
foraging (F) habitats used in this critical
habitat rule are very similar to
definitions used in past assessments,
including previous designations of
critical habitat for the northern spotted
owl, and the definitions we use are
based primarily on the information
found in the published scientific
literature. In fact, all NR and F models
tested were derived from literature
reviews and expert opinion, including
input from timber industry scientists
and managers. The relative habitat
suitability models incorporate these NR
and F definitions (submodels), as well
as broader environmental features such
as elevation and slope position, that are
also well-described in the northern
spotted owl literature. The remainder of
the comment mischaracterizes our
habitat suitability modeling; a thorough
explanation of that modeling is found in
Appendix C of the Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011). In addition, please see
our response to Comment (19) for
details on how the PCEs were defined
and incorporated into the process of
mapping RHS.
Comment (26): One reviewer stated
that the Service modified input
variables given to HexSim to produce
‘‘composites,’’ and the Service cannot
show that these contain the PCEs and
that they are essential, and there is no
statistical difference between the
different composites. By only displaying
mean values, the reviewer claims the
Service creates a false appearance that
the difference between these
alternatives is real. The Service does not
show that the differences result in any
real difference in achieving recovery
objectives, they merely state it as a
matter of fact. This is a misuse of
modeling data, the reviewer states, and
not best available science.
Our Response: This comment
misunderstands the process used to
develop composite maps, and the
subsequent comparison of HexSim
results. Composite maps are maps
where different reserve designs were
selected for each modeling region based
on their ability to achieve recovery
goals. These region-specific designs
were combined across the range of the
owl to create a ‘‘composite map.’’ We
evaluated composite maps in an
iterative manner to identify the design
that best met recovery goals and our
guiding principles. Composites were not
created by modifying HexSim input
variables; rather, they represent a range
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of reserve design alternatives that were
subsequently tested in HexSim.
Appendix C and Dunk et al. (2012b)
provide ample evidence that all of the
composites contain the physical and
biological features used by the owl;
comparison of HexSim results is the
process by which the Service evaluates
what amount and distribution of these
features is essential to the conservation
of the northern spotted owl. As stated in
our proposed rule, this final rule, and in
Dunk et al. 2012b, we assessed various
composites by comparing the relative
(emphasis added) performance of
various habitat scenarios. That is, we
used metrics such as relative differences
in extinction risk and population size
(which include upper and lower
confidence intervals) to evaluate the
ability of different composites to
achieve recovery objectives for the
northern spotted owl. In fact, we
expressly stated ‘‘simulations from these
models are not meant to be estimates of
what will occur in the future, but rather
provide information on trends predicted
to occur under different network
designs’’ (March 8, 2012; 77 FR 14062,
p. 14097). There were statistically
significant differences in population
performance, both at the modeling
region and range-wide scales among our
composites (see Appendix C, USFWS
2011 and the Modeling Supplement
(Dunk et al. 2012b) for additional
details). We therefore disagree with the
commenter’s claims about misuse of
modeling data and best available
science.
Comment (27): One reviewer stated
that the boundaries of the proposed
revision of critical habitat are
impossible to identify on the ground.
They can only be defined by use of
global positioning satellite receivers that
have had the boundaries created by the
Zonation computer model inputted to
them.
Our Response: Critical habitat is
defined by the features as discussed in
this final critical habitat designation and
shown on accompanying maps. Specific
coordinates and descriptions that define
the boundaries of critical habitat are
available online at https://www.fws.gov/
oregonfwo, at https://
www.regulations.gov at Docket No.
[FWS–R1–ES–2011–0112], and from the
Oregon Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT);
maps are available online at https://
criticalhabitat.fws.gov/crithab/.
Comment (28): One reviewer states
that the Service did not use pixel by
pixel data, but conglomerated the pixel
data into indices that represent the 500ac (200-ha) circle around each pixel,
which increased the error associated
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with the predictions. The reviewer
claims this wipes out all the actual
stands that might actually be used by
spotted owls and instead assigns each
pixel a conglomerate value for each
habitat variable based on averages.
Therefore, the reviewer asserts there are
many areas that do not contain the
PCEs.
Our Response: This comment
mischaracterizes the method used to
evaluate habitat quality, and the basic
definition of habitat for northern spotted
owls. As described in Appendix C of the
Revised Recovery Plan (USFWS 2011),
habitat suitability consists of several
factors including, but not limited to, the
actual forest ‘‘stands’’ used by owls. Our
relative habitat suitability models are
based on the amount, edge, and core of
actual stands classified as nesting/
roosting habitat and amount of foraging
habitat; i.e., the PCEs identified in this
rule. We therefore do not ‘‘wipe out’’ the
actual stands as suggested by the
reviewer, but rather measure their
relative importance given additional
landscape features such as elevation and
slope position. This allowed us to better
identify the landscape features where
owls could establish a viable territory.
Simply mapping out ‘‘the actual stands
that might be used’’ would have
provided a highly fragmented habitat
network consisting of many ‘‘stands’’
not likely to be used by spotted owls.
The comment also ignores the fact that
we extensively tested the RHS model
and found it accurately predicts spotted
owl habitat, and we evaluated the
proposed critical habitat network and
found that the areas proposed were
predominantly occupied by known
spotted owl sites at the time of listing.
See also our responses to Comment (19)
through Comment (24).
Comment (29): One reviewer stated
that Phase 1 results suggested that the
Redwood Coast modeling region was
among the most stable, but questioned
how this could be when there are very
few remaining northern spotted owls in
Redwood National Park, where barred
owls are now the predominate species.
The reviewer states this was also not
reflected in the Phase 2 modeling results
(Table 6) (Dunk et al. 2012a).
Our Response: We obtained recent
(2006) verified northern spotted owl
location data from many sources in the
Redwood Coast modeling region. These
data strongly suggest that the high
densities of barred owls observed within
Redwood National Park are not
occurring in the remainder of the
modeling region, where large numbers
of northern spotted owl territories
persist. We therefore used demographic
data from the Green Diamond
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monitoring study to parameterize (put
variables into) HexSim for the region.
Comment (30): One reviewer
suggested that we include an appendix
that shows each of the decision points
in the development of the proposed
critical habitat network in systematic
detail, and suggested this would be an
adequate remedy and make the entire
modeling process open and transparent,
and repeatable by persons external to
this process.
Our Response: We attempted to make
explicit the key assumptions and
decision points used in the modeling
process, and the guiding principles we
followed for application of professional
judgment in refining reserve networks
were included in the proposed rule.
Much of what the reviewer asks for is
presented in Appendix C of the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011). In addition, we
have tried to make assumptions and
decision points more explicit in our
final Modeling Supplement (Dunk et al.
2012b) that is available to the public at
https://www.regulations.gov.
Comment (31): One reviewer
suggested that a major flaw in the
modeling is that the habitat is held
constant for 350 years and any area with
an RHS value less than 35 is assumed
to be non-habitat. The reviewer states
that by holding the habitat constant and
not allowing it to grow, the Service
greatly overestimates the amount of land
needed to reach relative population
levels. The reviewer claims this also
results in a double standard for areas
currently classified by MaxEnt as having
low RHS values—in the modeling
process they are excluded and not
allowed to grow into habitat, yet they
are included as critical habitat because
the Service claims they will be
necessary for population growth.
Our Response: The reviewer
misunderstands the method we used to
simulate habitat change through time.
Habitat was not held constant during
the HexSim simulations; we measured
the rates of change in habitat quality
(RHS) between the 1996 and 2006 GNN
layers and projected those rates into the
future. This allowed for losses in habitat
quality caused by timber harvest,
wildfires, and other causes as well as
gains due to forest growth to occur
through time in a plausible fashion.
Because the remainder of this comment
is based on this faulty premise, the other
points in this comment are, in turn,
unfounded.
Comment (32): One reviewer noted
that throughout the modeling process,
means of the response variables (e.g.,
Table 8 of Dunk et al. 2012a) should be
accompanied by either standard errors
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or 95 percent confidence intervals.
Otherwise, the reviewer states, it is
difficult to determine how precise these
estimates were, especially when
comparing different scenarios.
Our Response: We agree, and this was
an oversight that we have corrected in
the final version of our Modeling
Supplement (Dunk et al. 2012b).
Comment (33): One reviewer thought
more could have been done to evaluate
uncertainty in the original habitat
suitability models by running replicate
samples in MaxEnt and then capturing
the range of variation in resulting
habitat designations.
Our Response: Table C–19 in
Appendix C of the Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011) presents results from the
cross-validation results, in terms of
performance differences between
models based on replicate samples.
Those results showed that there was
very little difference between the
performance of the models when
replicate samples were evaluated, giving
us confidence in the generality of our
model (that is, the model worked
reliably well across a range of situations
tested).
Comment (34): One reviewer
requested additional sensitivity analysis
to quantify the influence of different
parameter settings within HexSim on
modeled population performance,
which would have been particularly
useful for evaluating the implications of
scientific uncertainty.
Our Response: We agree and in the
final Modeling Supplement (Dunk et al.
2012b) we have incorporated the results
of sensitivity analyses conducted on
nine HexSim parameters.
Comment (35): One reviewer noted
that the original supplement on habitat
modeling that accompanied our
proposed rule (Dunk et al. 2012a) did
not report measures of variance in the
population estimates or pseudoextinction thresholds used to compare
habitat network scenarios. The reviewer
noted that reporting standard errors or
ranges of those population estimates
would help in the comparison of the
efficacy of different network designs.
Our Response: Our failure to report
measures of variation in population
estimates was an oversight that we have
corrected in the Modeling Supplement
(Dunk et al. 2012b). The estimated
extinction risk thresholds that we
reported were the total number of
simulations in which that threshold was
exceeded (i.e., the population fell below
the extinction threshold). It would not
be appropriate to provide measures of
variation around these. The measure
itself is interpreted as the ‘‘probability
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of exceeding pseudo-extinction
threshold X.’’
Comment (36): One reviewer noted
that model results showed that the
barred owl encounter rate can have a
disproportionately large influence on
persistence outcomes of the HexSim
model. The reviewer states that the
Service evaluated four barred owl
scenarios (Dunk et al. 2012a), but none
of these considered the more critical
survival parameter and the major
reductions in adult survival that barred
owls generate in the model. Thus, the
reviewer states that one is unable to
assess the relative contributions of
barred owl encounter rates versus
barred owl survival reductions to
persistence of simulated northern
spotted owl populations.
Our Response: In the northern spotted
owl HexSim model we used, barred
owls only affected northern spotted owl
survival, not occupancy or
reproduction. Thus, the impact of
barred owls in HexSim results is only
from their reduction of northern spotted
owl survival. Based on advice we
obtained from species experts, we
limited barred owl impacts on northern
spotted owls to survival alone. We did
not simulate barred owl impacts on
reproduction, territory establishment,
site fidelity, or movement behavior. We
also did not simulate barred owl
predation on northern spotted owl
nestlings. This recommendation (to
simulate barred owl impacts only on
northern spotted owl survival) was a
reflection of limitations on rangewide
data availability regarding these factors.
Comment (37): One reviewer
suggested that we allow the barred owl
effect in the HexSim model to vary with
resource acquisition class. For example,
the barred owl effect on survival might
be more severe when an owl is in the
‘‘low’’ resource class but incrementally
reduced in the medium and high
resource classes (i.e., as resources
become less limiting so do the negative
effects of competition with barred owls).
Our Response: Resource acquisition
classes are a component of the HexSim
model. In the model, resources available
to an owl are a function of the mean
RHS value of habitat within its home
range and fall into three categories:
High, medium, or low (USFWS 2011, p.
C–60). This is a good suggestion, and
could potentially help refine the
HexSim model for the northern spotted
owl. It would not, however, improve the
model’s ability to identify those specific
areas that contain the physical or
biological features essential to the
conservation of the northern spotted
owl, or that are essential to the
conservation of the species (section
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3(5)(a) of the Act). The relative
performance of various composite
potential critical habitat networks
would be unlikely to change if we were
to change the analysis as the reviewer
suggests, because the proposed change
would affect all potential critical habitat
networks in the same way. The relative
performance of the habitat networks
under consideration, which is what we
were able to assess (as opposed to
absolute outcomes), would therefore
remain the same, and our ultimate
determination of the critical habitat
network that provides what is essential
to the conservation of the northern
spotted owl in the most efficient design
would be unchanged.
Comment (38): One reviewer
suggested that modeling of habitat
networks should incorporate more
realistic encounter rates between
northern spotted owls and barred owls,
so that estimates of sustainability of
northern spotted owl populations are
not overly optimistic.
Our Response: As we have noted in
both the proposed rule and this rule, the
designation of critical habitat is only
one of many conservation actions that
may contribute to the recovery of the
northern spotted owl. The designation
of critical habitat is intended to help
address habitat-based threats to a listed
species; it is not expected to
independently lead to recovery absent
other actions to ameliorate additional,
non-habitat based threats. We are also
bound, however, by the statutory
definition of critical habitat, which
requires that we identify those areas that
provide the physical or biological
features essential to the conservation of
the species, or are otherwise essential (if
not occupied at the time of listing). The
task of identifying where on the
landscape these essential areas lay was
complicated by the barred owl, a nonhabitat based threat. In some cases, the
negative influence of the barred owl on
the simulated performance of our
modeled northern spotted owl
populations completely masked the
potential contribution of varying areas
of relative habitat suitability, thus
rendering it impossible to determine
which specific areas provide the
essential physical or biological features.
Our HexSim modeling suggested that if
barred owl encounter rates within each
modeling region were to be maintained
at their currently estimated rates (from
Forsman et al. 2011), there was little
variation in northern spotted owl
population performance among any of
the potential critical habitat networks
(even doubling the size of the habitat
network produced no discernible
difference). The only avenue that
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allowed us to discriminate between
potential networks and isolate and
evaluate the contribution of specific
areas of habitat that are essential to the
conservation of the northern spotted
owl, as directed by the statute, was to
adjust the encounter rates with barred
owls to some reasonable level, as might
potentially be achieved through
management actions. This harkens back
to our statement earlier that we do not
assume critical habitat will provide for
the recovery of the species in a vacuum;
rather, we must assume that other
recovery actions will occur in
coincidence with the protections
provided by critical habitat. We
assumed changes in barred owl
encounter probabilities in our
comparisons of potential critical habitat
networks that, in our judgment,
represented changes that could
realistically be achieved with
management aimed at reducing
encounter rates (and without
prescribing the nature of that
management). In most cases, only
relatively modest changes to the
currently estimated encounter
probabilities between barred owls and
northern spotted owls were required to
allow us to discern the underlying
differences between varying habitat
network designs, and to enable the
identification of the specific areas
essential to the conservation of the
species. In fact, for Phase 2 and 3
modeling (MaxEnt and HexSim; see
Dunk et al. 2012b for details), we
decreased barred owl encounter
probabilities in only 3 of 11 modeling
regions, and increased encounter
probabilities in 8 of 11 modeling
regions. The mean absolute value of
change (from currently estimated
encounter probabilities to what we
assumed in Phases 2 and 3) among
modeling regions was 0.081 (range =
0.005 (in the KLE) to 0.335 (in the
OCR)). Our population performance
results do not suggest that the habitat
scenarios considered were overly
optimistic in regard to sustainability of
northern spotted owl populations (Dunk
et al. 2012b).
Comment (39): One reviewer
suggested incorporating the relative
probability of controlling barred owls as
part of the designation of various critical
habitat units. The reviewer noted that to
be able to assess habitat factors in the
modeling process, the barred owl effect
had to be set below known values in
selected areas, suggesting that these
designated critical habitat units will not
contribute to northern spotted owl
conservation in the absence of barred
owl control. The reviewer further stated
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that the apparent sensitivity of the
HexSim model to the barred owl
covariate indicates that barred owl
management will be the overriding
factor in the success of critical habitat
being able to achieve the northern
spotted owl recovery goals. The
reviewer suggested that if the Service
wants to capture uncertainty in this
modeling exercise, the probability of
controlling barred owl numbers should
be factored into the modeling process
based on logistical, ownership, and
social factors.
Our Response: We agree with the
reviewer’s suggestions in theory.
However, we are unaware of currently
available scientific information that
would enable us to reliably estimate the
influence of ‘‘logistical, ownership, and
social factors’’ on the probability of
effective barred owl control across the
range of the northern spotted owl (over
50 million ac (20 million ha)). Lacking
any such specific data, such exercise
would be arbitrary and speculative, and
would likely introduce greater
uncertainty into the modeling. We
appreciate that the reviewer recognizes
the sensitivity of the model to barred
owl encounter rates, and the reason why
we had to make slight adjustments to
those rates in some areas to identify
critical habitat for the northern spotted
owl (see our response to Comment (38),
above).
Comment (40): One reviewer
indicated that basing the demographic
trends on the last meta-analysis
(Forsman et al. 2011) is overly
optimistic since these results are already
badly outdated. The reviewer states that
the last meta-analysis was conducted
after the 2008 field season, with survival
rates estimated through 2007 and
realized rate of population change
through 2006. The reviewer states that,
according to personal communications
with researchers in other demographic
study areas, many of the study areas
shown as stable in the 2008 metaanalysis are now in precipitous decline
due to rapid increases in barred owl
populations. The reviewers suggests
that, although it would only be
qualitative, the Service could contact
the leads from the various northern
spotted owl demographic study areas to
see if there have been substantial
changes in barred owl versus northern
spotted owl numbers.
Our Response: This is a good point,
and we heard similar comments from
several field researchers and principal
investigators of the northern spotted owl
demographic studies. In Step 3 of the
modeling process, we obtained the most
recent annual reports from the
demographic study areas and evaluated
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the more recent estimates of barred owl
densities, and included a scenario
representing high barred owl densities
such as those described in this
comment. Because we used more recent
estimates of barred owl encounter rates,
spotted owl population trends
simulated in HexSim showed a more
rapid decline than that estimated in the
recent meta-analysis; this was especially
evident in the Tyee demographic study
area. We therefore believe that our
modeling process incorporated the idea
expressed in this comment.
Comment (41): One reviewer
indicated that bounding experiments
with HexSim are needed to suggest the
sort of spatial, temporal, and population
controls that may be needed for the
barred owls to create a high likelihood
of success for critical habitat. The
reviewer suggests the Service has thus
far determined the barred owl encounter
rates that were needed to achieve
reasonably stable northern spotted owl
population dynamics.
Our Response: This is a good
suggestion, but not necessary to identify
lands meeting the definition of critical
habitat. Because we evaluated northern
spotted owl population performance
across a gradient of barred owl
encounter probabilities ranging from 0.0
to 0.7, our modeling already revealed
that northern spotted owls are likely to
do very poorly at high barred owl
encounter probabilities. This provided a
general understanding of the influence
of various barred owl encounter rates
and demonstrated the range of values
(bounds) where population performance
that met recovery criteria was possible.
This is why we set 0.375 as a ceiling to
barred owl encounter probabilities. The
reviewer’s suggestion is more relevant to
the specifics of potential barred owl
control efforts, such as have been
recommended by the Revised Recovery
Plan on an experimental basis (USFWS
2011). The Service is currently
considering such efforts and has
published an environmental impact
statement on experimental barred owl
removal options. That is a separate
recovery effort, however, is not
connected to this rulemaking.
Comment (42): Several reviewers
expressed concern that the way that
barred owl encounters were represented
in the model as homogeneous
probabilistic reductions in northern
spotted owl survival may fail to capture
important spatial patterns of interaction
between the species within subregions,
and it may overestimate (one reviewer)
or underestimate (second reviewer) the
negative impacts of barred owls on
northern spotted owl population
persistence. The reviewers suggested the
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uncertainty surrounding the specific
impacts of barred owls, and the analysis
in Appendix C of the Revised Recovery
Plan for the Northern Spotted Owl
further justify the need for an intensive
barred owl removal experiment to
understand the overall impact that
barred owls are having on northern
spotted owls.
Our Response: This point is well
taken by the Service. As the reviewer
mentioned, ‘‘empirical information
required for a realistic representation of
barred owl interaction effects across the
range of the northern spotted owl is not
available at this time.’’ The Service did
evaluate several different barred owl
encounter probabilities, which largely
differed among the 11 modeling regions,
but were identical within modeling
regions. The modeling framework we
used is capable of including a spatially
explicit barred owl effect, if such
specific data should become available.
Given the uncertainties about variation
in barred owl impacts within modeling
regions, it is possible that our modeling
overestimated or underestimated
negative barred owl impacts. However,
because we used HexSim to compare
relative population performance among
alternative potential critical habitat
networks, and used the best available
estimates of barred owl effects, we
believe the representation of barred owl
impacts we used allowed us to
accurately evaluate which networks, on
a comparative basis, best met the
objectives in our guiding principles for
identifying lands meeting the definition
of critical habitat for the northern
spotted owl.
Comment (43): One reviewer believed
that the HexSim model was not an
appropriate choice for this modeling
process because the reviewer indicated
it was overly complex, too individually
based, and included variables where
there was no, little, or very incomplete
data, such as territory searching
behavior, and floater dynamics, etc. In
addition, the reviewer expressed
skepticism that the modeling approach
used would be repeatable, because of its
complexity.
Our Response: We disagree. We have
articulated our rationale for using the
HexSim model in Appendix C to the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, pp. C–53–
C–56) and again in our Modeling
Supplement (Dunk et al. 2012b). We
acknowledge that there are many
possible approaches to identifying and
evaluating alternative potential critical
habitat networks. However, we contend
that our approach represents the best
available science and is appropriate for
identifying areas meeting the definition
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of critical habitat because it enabled us
to evaluate numerous possible networks
of habitat and compare simulated
population responses of northern
spotted owls to environmental
conditions in a spatially-explicit
manner that enabled us to determine
those areas that meet the definition of
critical habitat for the species. Our
approach is detailed in the section
Criteria Used to Identify Critical Habitat,
but in brief, the use of HexSim enabled
us to evaluate which of the habitat
scenarios under consideration had the
greatest potential to meet the recovery
objectives for the northern spotted owl,
based on relative population
performance.
To identify the areas that meet the
definition of critical habitat for the
northern spotted owl, we elected to use
a spatially explicit, individual-based
modeling approach. We did so because
we required an approach that enabled
comparison of a wide range of spatially
explicit conditions such as variation in
habitat conservation networks.
Individual-based models allow for the
representation of ecological systems in a
manner consistent with the way
ecologists view such systems as
operating. That is, emergent properties
such as population increases or declines
are the result of a series of effects and
interactions operating at the scale of
individuals. Individuals select habitat
based on what is available to them,
disperse as a function of their
individual circumstance (age), compete
for resources, etc.
Grimm and Railsback (2005) noted
that individual-based models need to be
simple enough to be practical, but have
enough resolution to capture essential
structures and processes. We are
fortunate to have a tremendous quantity
and quality of data available for the
northern spotted owl; the species is
therefore ideally suited for a spatiallyexplicit, individual-based model, such
as HexSim. While not developed
specifically for the northern spotted
owl, HexSim (Schumaker 2011) was
designed to simulate a population’s
response to changing on-the-ground
conditions by considering how those
conditions influence an organism’s
survival, reproduction, and ability to
move around a landscape. We
developed a HexSim spotted owl
scenario based on the most up-to date
demographic data available on spotted
owls (Forsman et al. 2011), published
information on spotted owl dispersal
and home range sizes, as well as a
variety of other parameters. Evaluation
and calibration of the HexSim output
included comparison with owl numbers
in demographic study areas and
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dispersal histograms. Based on our
assessment of the model, we are
confident it performs as intended, in
terms of allowing us to reliably assess
the relative performance of alternative
habitat conservation networks. We
further note that the majority of peer
reviewers supported the modeling
framework we applied in the
identification of critical habitat for the
northern spotted owl.
Comments on Active Forest
Management
Comment (44): Five peer reviewers
and numerous public commenters
indicated that active forest management
should be conducted in areas that are
not currently high value for northern
spotted owls and in an adaptive
management framework given the
uncertainties regarding how such
management practices will impact
northern spotted owls and their prey.
Our Response: The Service expects to
support and design, in concert with the
BLM, USFS, and researchers, scientific
studies on the effects of ecological
forestry projects in northern spotted owl
critical habitat, to gain a better
understanding of the short-term and
long-term impacts of these silvicultural
treatments on northern spotted owls,
their prey and forest vegetative
structure. We are currently designing
and funding just such a study through
Oregon State University for the pilot
project in the Middle Applegate
Watershed. We expect these types of
research studies to inform the design of
future ecological forestry projects within
the range of the northern spotted owl.
A key difference between using active
adaptive forest management to evaluate
risks associated with ecological forestry
and the Service’s ongoing efforts to
address risks associated with expanding
barred owl populations is that, for
barred owls, a single experiment has the
potential to address many of the most
important uncertainties pertinent to
future management, allowing the
Service to define a schedule for
progress. Addressing uncertainties
about ecological forestry will likely
require multiple research efforts, each
tailored to specifics of different
geographic areas and different
ecological interactions. Collaboration
among programs, similar to the
collaboration supporting long-term
demographic studies of northern spotted
owls, will likely be needed to conduct
adaptive management studies of habitat
treatments. Integrative initiatives, such
as the USFS’s Collaborative Forest
Landscape Restoration Program, may
also play an important role. Adaptive
management of ecological forestry
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techniques will take time, and will
require continuation of the ongoing
dialogue between researchers and forest
management practitioners regarding
how to simultaneously meet the goals of
forest restoration and northern spotted
owl conservation. Coordination among
research projects also will be essential
to generating reliable information about
diverse interactions as efficiently as
possible.
Comment (45): One reviewer and a
public comment suggested that the
emphasis of management within
northern spotted owl critical habitat
should be on ecological restoration
rather than ecological forestry.
Our Response: In general, in northern
spotted owl critical habitat, we would
like to see land managers consider
activities to restore and maintain
northern spotted owl habitat and the
natural ecological processes (e.g., fire
regime, natural vegetational succession
patterns, etc.) of the owl’s forest
ecosystems. However, we also recognize
that ecological restoration, in and of
itself, is often not the management goal
of all lands included in critical habitat.
This critical habitat rule does not dictate
what land managers do on Federal State,
or private lands. However, in areas
where land managers are considering
competing land management goals (e.g.,
northern spotted owl habitat
conservation vs. commercial timber
harvest), we encourage them to consider
an ecological forestry approach to better
meet the needs of the northern spotted
owl, the goals of the land managers, and
long-term forest health. As described in
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011),
the field of ‘‘ecological forestry’’ is
emerging as a dominant paradigm of
forest management; related to this
emergence are concepts such as ‘‘natural
disturbance emulation’’ and ‘‘retention
forestry’’ (see, e.g., Gustafsson et al.
2012, entire; Franklin et al. 2007, entire;
Kuuluvainen and Grenfell 2012, entire;
North and Keeton 2008; Long 2009,
entire; Lindenmayer et al. 2012; entire).
The Service believes that application of
these ecological forestry goals and
principles, including those generally
described in Johnson and Franklin
(2009, entire; 2012, entire), may result,
in some situations, in fewer adverse
impacts to northern spotted owl critical
habitat when compared to application of
traditional silviculture as currently
applied or permitted on private, State,
and Federal matrix lands.
Comment (46): Several reviewers
commented that studies have
demonstrated negative effects of forest
thinning on northern spotted owls and
their prey, and expressed concern that
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negative effects of these practices may
be further exacerbated by barred owls.
These reviewers were uneasy with such
types of activities occurring near owl
territories, and recommended that if
conducted, these actions be done at
small scales and be subject to rigorous
scientific scrutiny.
Our Response: We are not
recommending that commercial
thinning or other treatments be
conducted near active owl territories or
in good quality owl habitat. We also
encourage an active adaptive forest
management approach to improve the
understanding about effects of
ecological forestry approaches on
northern spotted owl, barred owls, and
other species of concern.
Comment (47): Three reviewers
recommended that we give full
consideration to recent publications of
Hessburg et al. (2007) and Baker (2012)
for guidance on how to restore and
manage dry forests in the eastern
Cascades.
Our Response: Both this final critical
habitat rule and the Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011) cite Hessburg et al.
(2007, p. 21), and we continue to
recommend land managers consider
their findings and recommendations
regarding dry forest management within
the range of the northern spotted owl.
Since publication of the proposed
critical habitat rule, we have reviewed
Baker (2012, entire) as well as many
other recently published studies
addressing forest health and the risk of
wildfire in the Pacific Northwest. We
acknowledge some of the conclusions of
Baker (2012, p. 21) and Williams and
Baker (2012, p. 9) that portions of the
dry forests of the Pacific Northwest
experienced high-severity fires as well
as mixed and low-severity fires.
However, we also acknowledge the
conclusions of many other researchers
that large areas within the range of the
owl that once burned frequently with
low-moderate intensity regimes are
currently outside of historical
conditions (cited below). A variety of
management measures (e.g., prescribed
fire, mechanical treatment, etc.) can be
considered in such areas where the goal
is to influence wildfires to reduce
adverse impacts of climate change,
manage forest carbon levels, reduce fire
severity and retain desirable forest
conditions (i.e., conserve older trees), or
protect high-value wildlife habitats
(including northern spotted owls),
riparian areas, and biodiversity (Davis et
al. 2012, entire; Stephens et al. 2009,
p.310–318; Stephens et al. 2012a, p. 12;
Stephens et al. 2012b, entire; Chmura et
al. 2012, p. 1134; Syphard et al. 2011,
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p. 381; Safford et al. 2012, pp. 26–27;
Roloff et al. 2012, pp. 7–9, Roberts et al.
2011, p. 617, Messier et al. 2012, pp.
67–70; Franklin et al. 2008, p. 46; Ager
et al. 2007, pp. 53–55).
Such management considerations are
completely consistent with the intent of
the NWFP (Standards and Guidelines, p.
C–12—C–13). We continue to
recommend that land managers
carefully distinguish and target areas
that are high priority for ecological
restoration (e.g., Franklin et al. 2008, p.
46; Schoennagel and Nelson 2011,
entire; Ager et al. 2012, p. 280), and that
they also minimize short-term impacts
to northern spotted owls to the greatest
possible extent. We suggest using a
process such as provided by Spies et al.
(2012, entire) to help prioritize actions
and consider tradeoffs such as northern
spotted owl conservation, restoration of
ecological conditions, and other land
management goals. Given the wide
geographic area of this critical habitat
designation and the variety of landscape
conditions and fire regimes, more
precise planning and implementation
should be done at the appropriate
landscape scales such as the National
Forest scale, consistent with the goals of
the Northwest Forest Plan.
Comment (48): One reviewer and a
public comment recommended that the
Johnson and Franklin (2009) ecological
forestry framework should not be used
because it is based on the wrong
reference framework.
Our Response: While we recognize
that there is some scientific
disagreement about the specific
ecological forestry practices
recommended by Drs. Johnson and
Franklin,we believe the commenters
may have misinterpreted our references
to this unpublished report. First,
Johnson and Franklin (2009) is only
referenced three times in the final
critical habitat rule: Once as a general
reference for ecological forestry, once in
relation to how active management is
generally not necessary to maintain old
growth conditions in moist forests, and
again to highlight that alteration of fuel
loads in moist forest could have
undesirable ecological consequences
and thus should be discouraged.
Second, we continue to encourage forest
land managers to consider the
application of ecological forestry
principles to their commercial timber
harvest (see response to peer review
question 4a-c, above), and we believe
that application of these principles in
many instances may result in better
long-term ecological conditions for
northern spotted owls and other forest
wildlife when compared to the
application of traditional silviculture
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methods. The methods presented by
Johnson and Franklin (2009) are one
example of how ecological forestry can
be applied. We recognize that there are
a variety of approaches, and the best
management practices for any area are
highly dependent on site-specific
conditions.
Comment (49): One reviewer
recommended a zoning process for
determining where active management
would be appropriate. Such a zoning
process would include identification of
areas where management is not needed
or should be avoided, areas where
future habitat could be enhanced by
treatment, and areas where management
is needed to meet broader landscape
goals. In addition, monitoring and
reporting of progress towards desired
goals is essential if this strategy is to be
successful.
Our Response: The Service supports
the concept of land managers
identifying areas where active
management would be appropriate on
the lands under their jurisdiction.
However, it is not appropriate for this
critical habitat rule to attempt to do this;
it should be done by land managers
consistent with their planning
procedures. As the reviewer also
suggested, these details will need to be
worked out at regional scales and
planning levels (see response to peer
review comment 4, above). Several
examples of strategies for prioritizing
landscapes for management treatment in
eastern Washington include Davis et al.
(2012, entire) and Franklin et al. (2008,
pg. 46).
Comment (50): One reviewer
encouraged the Service to recognize the
highly transient nature of grand fir on
the eastern Cascades.
Our Response: We have recognized
this in the rule. While we did not
explicitly identify all forest types in all
regions, we have recognized the patchy
and transient nature of east Cascades
forests.
Comment (51): One reviewer asked
that we identify which (specific)
ecological processes will be enhanced
by management and how management
will be coordinated across large
landscapes.
Our Response: We agree that
additional guidance and coordination
among management agencies would be
helpful to coordinate landscape-level
planning; however, such guidance and
coordination is beyond the scope of this
rulemaking. To the extent possible we
have provided additional detail
regarding restoration and management
of ecological processes in revisions to
the following sections of this rule: An
Ecosystem-based Approach to the
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Conservation of the Northern Spotted
Owl and Managing Its Critical Habitat,
Special Management Considerations or
Protections, and Determination of
Adverse Effects and Application of the
‘‘Adverse Modification’’ Standard.
Comment (52): There were a number
of general comments about analysis of
fire risk and ecological benefits of
contemporary fire regimes in dry and
mixed-severity forests.
Our Response: The issue of forest
health and fire risk in the Pacific
Northwest is complex, and there is a
wide variety of legitimate scientific
viewpoints on forest management in the
face of uncertainty. Although some
scientists do not believe management
intervention is appropriate and advocate
a mostly passive (i.e., hands-off)
approach to forest ecosystem
management, many others believe
science-based intervention is necessary
to restore and maintain important
ecological processes and components of
biodiversity, including the northern
spotted owl.
We agree with the majority of
scientists who suggest that forest
ecosystems at global, national, and
regional levels are undergoing
significant changes due to climate
change and past management activities
(Collins et al. 2012, pp. 8–12; Miller et
al., 2012, p. 201; Miller et al., 2009, p.
28; Moritz et al. 2012, entire; Westerling
et al. 2011, p. S459; Marlon et al. 2012,
p. E541). Impacts from wildfire, changes
in precipitation, insect and invasive
weed outbreaks, and forest disease
appear to be increasing when compared
to historic patterns and are putting some
components of native biodiversity at
risk (Perry et al. 2011, p. 712). Although
some researchers disagree on the
magnitude of these changes and what to
do about them (e.g., Hanson et al. 2009,
p. 5; Baker 2012, p. 21; Williams and
Baker 2012, p. 9; Dillon et al. pp. 18–
20), our review of the recent scientific
literature found that most researchers
believe that changes in wildfire
frequency, severity, and total burned
area are occurring or are expected to
varying degrees in the Pacific
Northwest. Most of these researchers
recommend consideration of certain
types of active management responses to
achieve goals such as increasing forest
resilience to climate change, conserving
extant biodiversity, and reducing
wildfire severity (e.g., Stephens et al.
2009, pp. 316–318; Safford et al. 2012,
pp. 26–27; Messier et al. 2012, p. 69;
Hessburg et al. 2007, entire; Chmura et
al. 2012, p. 1134; Stephens et al. 2012b,
pp. 557–558; Fule et al. 2012, p. 76;
Halofsky et al., pp. 15–16; Reinhardt et
al. 2008, pp. 2003–2004; Heyerdahl et
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al. 2008, p. 47; Latta et al. 2010; Littell
et al. 2009, pp. 1018–1019, Littell et al.
2010, p. 154; Spies et al. 2010, entire).
Several of these studies identify the
potential for degraded ecological
conditions and increased fire risk to
affect northern spotted owls (Buchanan
2009, pp. 114–115; Healey et al. 2008,
pp. 1117–1118; Roloff et al. 2012, pp. 8–
9; Ager et al. 2007, pp. 53–55; Ager et
al. 2012, pp. 279–282; Franklin et al.
2009, p. 46; Kennedy and Wimberly
2009, pp. 564–565). We recommend that
these issues related to active
management in dry forests be
considered by Federal land managers as
they follow the direction on pages C–12
and C–13 of the Northwest Forest Plan
Standards and Guidelines.
Comment (53): One reviewer
recommended that the Service prepare a
draft environmental impact statement
(DEIS) under NEPA with regard to
active management in northern spotted
owl critical habitat.
Our Response: This rule revises the
critical habitat designation for the
northern spotted owl by identifying
those specific areas that meet the
definition of critical habitat for the
species. It does not take any action or
adopt any policy, plan, or program
related to active forest management. The
only effect of critical habitat is that
Federal agencies must consult with the
Service on their activities that may
affect designated northern spotted owl
critical habitat, and our discussion of
active forest management is not
intended in any way to prescribe or
mandate the types of activities Federal
agencies must submit for consultation. It
is provided only for Federal, State,
local, and private land managers to
consider as they make decisions on the
management of forest land under their
jurisdictions and through their normal
processes.
Comment (54): One reviewer
criticized the proposed rule for
promoting ecological forestry for
economic and political reasons rather
than basing recommendations on sound
science.
Our Response: We disagree. We have
included a discussion of ecological
forestry principles because, in many
instances, it may represent a reasonable
and solid scientific approach to
managing forest ecosystems where
multiple—and sometimes competing—
management goals need to be reconciled
or accommodated (see, e.g., Gustafsson
et al. 2012, entire; Franklin et al. 2007,
entire; Kuuluvainen and Grenfell 2012,
entire; North and Keeton 2008, entire;
Long 2009, entire; Lindenmayer et al.
2012, entire). Our primary goal in this
critical habitat designation is to identify
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the specific areas that meet the
definition of critical habitat for the
northern spotted owl. In addition, we
identify those types of measures that
promote the conservation of critical
habitat, identify special management
measures that may be needed within
critical habitat, and identify activities
that may affect or adversely modify
critical habitat. Our overall emphasis in
this designation is clearly on the
maintenance and restoration of northern
spotted owl habitat, but we also provide
general guidance for consideration by
land managers on what types of
activities may affect northern spotted
owl habitat and how to minimize the
adverse impacts of those activities.
Reference to the principles of ecological
forestry as a suggestion for land
managers to consider is a scientifically
appropriate way to help achieve this
goal, and is consistent with the
recommendations of the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011), as well as the
Standards and Guidelines of the NWFP
(e.g., USDA and USDI 1994, p. A–1,
Standards and Guidelines, pp. C–12, C–
13).
Comment (55): A number of reviewers
submitted line-specific edits and
revisions.
Our Response: These revisions have
been made to the text, where
appropriate.
Comments From Federal Agencies
Comment (56): The USFS and several
public commenters supported the
inclusion of congressionally reserved
areas including Wilderness Areas,
National Parks, and similar lands for a
variety of reasons, including accurately
reflecting the area contributing toward
recovery, highlighting the conservation
value and role of this minimally
managed habitat, and to encourage
barred owl and other needed
management activities.
Our Response: National parks,
wilderness areas, and similar lands
provide large areas of high-quality
habitat for the northern spotted owl. All
congressionally reserved lands (e.g.,
wilderness areas, national parks)
proposed for designation have been
excluded in this final designation of
critical habitat. We agree that such areas
play an important role in the
conservation of the northern spotted
owl under their current management.
However, their current conservation
value is so great that we could not find
any minimal benefits of including them
in that outweighed the relatively minor
administrative costs of including them
in critical habitat, therefore the benefits
of excluding them outweighed the
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benefits of including them. In addition,
exclusion of these lands will have no
negative conservation impact on their
future management and they will
continue to function as intended for
spotted owl recovery.
Comment (57): The Bureau of Land
Management (BLM) and several public
commenters identified specific concerns
with the proposed critical habitat maps,
including revisions to land ownership
or management on both public and
private land, and questions regarding
the mapping scale and resolution.
Several commenters submitted revised
or corrected maps for the Service to
consider in developing the final rule.
Our Response: We thank the
commenters for the information
provided. We have replaced the NWFP
ownership designations used on the
proposed critical habitat map with an
updated BLM ownership map to correct
many errors. In cases where mapping
errors may have been made in our
proposed critical habitat, such errors
were corrected.
Comment (58): The BLM requested we
provide maximum clarity with regard to
the Act’s section 7 consultation process
in an effort to reduce the cost and
burden of the consultation process.
Our Response: We have provided
background and information to help the
Federal action agencies assess whether
their projects ‘‘may affect’’ proposed
northern spotted owl critical habitat, the
standard to determine whether
consultation is required. If further
clarification is needed, the Service is
glad to provide action agencies with
technical assistance to help determine
whether or not their proposed action
has the potential to affect critical
habitat.
Comment (59): The BLM requested
additional clarification about how the
proposed critical habitat sought to
‘‘ensure sufficient spatial redundancy in
Critical Habitat within each recovery
unit,’’ and the purpose and expectations
for these inclusions.
Our Response: In the development of
habitat conservation networks, the
intent of spatial redundancy is to
increase the likelihood that the network
and populations can sustain habitat
losses by inclusion of multiple
populations unlikely to be affected by a
single disturbance event. This is
essential to the conservation of the
northern spotted owl because
disturbance events such as fire can
potentially remove large areas of habitat
with negative consequences for northern
spotted owls. Redundancy provides a
type of ‘‘emergency back-up’’ system to
sustain populations in the wake of such
events. While the modeling and
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evaluation process used by the Service
did not formally analyze redundancy,
we incorporated spatial redundancy at
two scales: By (1) making critical habitat
subunits large enough to support
multiple groups of owl sites; and (2)
distributing multiple critical habitat
subunits within a single geographic
region. This was particularly the case in
the fire-prone Klamath and Eastern
Cascades portions of the range.
Comment (60): The BLM provided
additional data and mapping layers as
well as an alternative approach for
designating critical habitat on public
lands.
Our Response: Through a series of
meetings and work sessions, the Service
has reviewed the materials provided by
the BLM, and we evaluated and
incorporated many of their suggested
changes, where appropriate and
consistent with our criteria for
identifying critical habitat, in
developing the final critical habitat
designation. Based on BLM’s
suggestions, we removed relatively
small areas of lower quality habitat that
had been included in proposed critical
habitat and added in relatively small
areas of high-quality habitat that
improved connectivity or created larger
habitat blocks.
Comments From State Agencies
Comment (61): Washington DFW
requested that the rule clarify the extent
to which management actions with
short-term negative impacts to northern
spotted owl habitat is consistent with
the recovery needs of the northern
spotted owl, particularly in areas of
Washington State where northern
spotted owl populations are greatly
depressed.
Our Response: Each situation should
be considered on a case-by-case basis,
but, generally, actions that have shortterm negative impacts may be consistent
with the recovery needs of northern
spotted owl when the intent of the
action is (1) to improve long-term
conditions for the species or (2) to
improve the overall condition of the
ecosystem. It could be argued either that
where populations are greatly depressed
there is more need for these actions or,
conversely, that there is less flexibility
to conduct these actions depending on
the specifics of the action and the
habitat needs of the owl in that area.
These are issues that must be addressed
in consultation and through the level
one team process; assessing that level of
detail is beyond the scope of this
rulemaking. We have revised the rule
(see section: An Ecosystem-based
Approach to the Conservation of the
Northern Spotted Owl and Managing Its
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Critical Habitat) to provide additional
suggestions regarding what management
actions may benefit northern spotted
owls and what actions are unlikely to do
so. Additional guidance is available in
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011).
Comment (62): The Washington
Department of Fish and Wildlife
supported a coordinated and strategic
management plan for dry forest
landscapes and expressed a need for the
critical habitat rule to consider
coordination to implement effective
management, reduce conflict, and
explore the possibility of Federal
funding for landscape strategies.
Our Response: The landscape
assessment approach for the East
Cascades provides the best basis for
development of strategies to manage dry
forest landscapes. Products of the
landscape assessment can be used to
describe the rationale for management
actions. The Service is available to work
with land managers to assist in the
development and implementation of
landscape assessments, but this rule
does not mandate any specific
management within the critical habitat
network, which would be beyond the
scope of this rulemaking.
Comment (63): Several State and
public commenters disagreed with the
need to include private lands (and in
some cases State lands) in the final rule
for a variety of reasons. The commenters
did not provide specific information on
any particular lands, but provided
general reasons that they thought the
broad categories of private and State
lands should be excluded from the final
designation, including concerns of
economic issues, uncertainty, private
land stewardship, added regulatory
burdens (including a disproportionate
burden on small landowners), reduction
in land value, State land overlays,
consistency with existing laws and
policy, potential disincentives for
conservation or negative impacts to
habitat, the need to maintain
partnerships with landowners, the need
to develop incentives for conservation
partnerships, the need to compensate
for lack of land use, the need to focus
protections on public lands, the lack of
notification of private landowners by
the Service about the proposed rule,
concern that designation penalizes
landowners who have retained suitable
habitat, and a lack of need for or
benefits from additional protections.
One commenter suggested that Congress
intended the Federal agencies to acquire
any private or State lands that are
designated as critical habitat.
Our Response: We recognize that the
greatest benefit of critical habitat may be
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realized on actively-managed Federal
lands, since the regulatory effect of
critical habitat is the requirement that
Federal agencies ensure that any actions
that they carry out, fund, or authorize
do not destroy or adversely modify
designated critical habitat. In addition,
Federal agencies have a mandate under
section 7(a)(1) of the Act to carry out
programs for the conservation of
endangered species and threatened
species. For these reasons, we looked
first to Federal lands for the critical
habitat essential to the conservation of
the northern spotted owl, as described
in the section Criteria Used to Identify
Critical Habitat and supporting
methodology (Dunk et al. 2012b).
Section 3(5)(A) of the Act states that
critical habitat is defined as (1) the
specific areas within the geographical
area occupied by the species at the time
it was listed that provide the physical or
biological features essential to the
conservation of the species and which
may require special management
considerations or protection; and (2)
specific areas outside the geographical
area occupied by the species at the time
it was listed, upon a determination by
the Secretary that such areas are
essential for the conservation of the
species. Further, section 4(b)(2) of the
Act mandates that such determinations
shall be made on the basis of the best
scientific data available and after taking
into consideration the economic impact,
the impact on national security, and any
other relevant impact, of specifying any
particular area as critical habitat.
The language of the Act does not
restrict the designation of critical habitat
to specific land ownership such as
Federal lands; thus, lands of all
ownerships are considered if they meet
the definition of critical habitat. Areas
may be excluded from the final
designation if the Secretary finds that
the benefits of exclusion outweigh the
benefits of inclusion under section
4(b)(2) of the Act, or if we determine,
based on public comment or other
information received following the
issuance of the proposed rule, that such
areas do not meet the definition of
critical habitat (for example, areas that
were occupied at the time of listing but
do not provide the essential physical or
biological features, or areas that may not
have been occupied at the time of listing
and were proposed for designation, but
are not essential to the conservation of
the species).
As described in the proposed rule
(March 8, 2012; 77 FR 14076, p. 14099),
we evaluated critical habitat scenarios
that prioritized Federal lands first as
well as scenarios without regard to land
ownership in determining what is
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essential to the northern spotted owl. In
all cases, if the scenarios under
consideration provided equal
contribution to recovery, we chose the
scenario that prioritized publicly owned
lands. State and private lands were
included only if they were essential to
the conservation of the species (i.e.,
were determined to have been occupied
at the time of listing and contain the
physical or biological features essential
to northern spotted owl conservation or
may have been unoccupied at the time
of listing but are essential to the
conservation of the owl). However,
based on information received during
the public comment period, in several
cases we refined the critical habitat
boundaries to remove areas of private
lands that we determined do not meet
the criteria and therefore do not meet
the definition of critical habitat. In other
instances, the Secretary has chosen to
exert his discretion to exclude lands,
including private lands, based on a
careful weighing and balancing of the
benefits of inclusion versus the benefits
of exclusion, as provided in section
4(b)(2) of the Act, including
consideration of conservation
agreements, such as HCPs or SHAs, and
the Service’s desire to support existing
and effective State conservation
programs (see Exclusions). However,
such exclusion does not indicate that
these areas are not essential for the
conservation of the species, only that
the benefits of exclusion outweigh those
of inclusion.
We retained some State-owned lands
in all three states included in this
critical habitat designation. In general
we retained these lands because we
found they provided essential
contributions to the conservation of
spotted owls, especially in terms of
complementing the distribution of
habitat on Federal lands or filling gaps
in Federal ownership. We also found
that the benefits of inclusion associated
with public education and raising State
and local agency awareness of the
conservation needs of spotted owls
outweighed anticipated minor increases
in regulatory requirements, when
Federal involvement occurred. See
Changes from the Proposed Rule for
more information on State lands
retained in the final critical habitat
designation.
The Service does not compensate
private or State landowners for
perceived limitations on land use
associated with critical habitat
designation. Designation of private or
other non-Federal lands as critical
habitat has no regulatory impact on the
use of that land unless there is Federal
involvement in proposed management
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activities. Identifying non-Federal lands
that are essential to the conservation of
a species alerts State and local
government agencies and private
landowners to the value of habitat on
their lands, and may promote
conservation partnerships. There is no
indication that Congress intended the
Service to acquire all private and State
property that is essential to the
conservation of listed species and
designated as critical habitat.
We provided advance public notice of
the proposed rule to revise critical
habitat for the northern spotted owl
through several avenues. Notice was
provided with publication of the
proposed rule in the Federal Register on
March 8, 2012 (77 FR 14062) as well as
through numerous local press releases at
that time. In addition, notice of public
information meetings in each of the
three States affected by the proposed
rule, as well as a public hearing, was
published in the Federal Register on
May 8, 2012 (77 FR 27010) and again on
June 1, 2012 (77 FR 32483); the
meetings and hearing were also
announced in newspapers of local
circulation in the affected areas.
Comment (64): Numerous
commenters (State and public)
requested that the final rule exclude
lands already covered by conservation
agreements, such as habitat
conservation plans and safe harbor
agreements, for a variety of reasons,
including concerns about additional or
duplicative Federal overlays and
regulatory burdens, a lack of need for
inclusion, policy consistency, the
potential for designation to jeopardize
existing agreements or remove
incentives for additional conservation,
and a recognition of the past
conservation benefits of these voluntary
agreements. In addition, it is argued that
there is no need for an additional
Federal overlay on lands that already
have conservation designations or
governing regulations such as parks,
wilderness areas, HCPs, SHAs, and State
forest practices rules.
Our Response: Please see our
response to Comment (63), above. As
described, we individually evaluated
each conservation agreement in place
within the proposed critical habitat
designation, including State and private
lands with HCPs, SHAs, conservation
easements, or other established
conservation partnerships. Following a
careful weighing of the benefits of
exclusion versus inclusion, the
Secretary has chosen to exert his
discretion to exclude lands covered by
such agreements. In addition, the
Secretary has chosen to exclude all
congressionally-reserved natural areas
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(wilderness areas, national parks), State
parks, and private lands from the final
designation. Please see the Exclusions
section of this document for details of
the analyses that led to the exclusion of
these areas from the final designation.
Comment (65): Numerous State
commenters (CALFIRE, Oregon
Department of Forestry, Washington
Department of Fish and Wildlife,
Washington Department of Natural
Resources), Federal (USFS, BLM), and
public commenters disagreed with the
need to include public lands including
Federal lands (e.g., ‘‘matrix’’ land,
adaptive management areas,
experimental forests, O&C Lands, and
congressionally reserved wilderness
areas, national scenic areas, and
national parks), State lands (e.g., State
parks, State forests, State forest trust
lands), and county lands in the final
rule for a variety of reasons, including
additional and redundant regulatory
burdens and requirements, economic
and social impacts, potential
inconsistency with existing laws and
policy, existing protections, a lack of
additional conservation benefits, limits
on research or needed management
activities (e.g., fuel reduction,
restoration, or insect control), mapping
errors, insufficient justification
supporting inclusion, and potential
disincentives for preserving habitat.
On the other hand, numerous
commenters (both from other State
agencies, as well as the public)
supported the inclusion of public lands
including Federal lands, State lands,
tribal lands, and county lands for a
variety of reasons, highlighting the
conservation the value of this habitat,
consistency with the best available
science, the need for increased
protections in some lands, and the
realization there would be limited to no
impacts to management.
Our Response: The critical habitat
designation includes those lands that
meet the definition of critical habitat in
the Act, and which the Service has
determined are essential to provide for
the conservation of the northern spotted
owl. In designating these lands, we have
further considered their ownership,
management, contribution to northern
spotted owl conservation, existing
protections, economic impacts, and
other relevant factors, and determined it
is appropriate and necessary to include
them in the final critical habitat network
to best ensure successful northern
spotted owl conservation.
Where possible we prioritized the
inclusion of Federal lands over other
land ownerships, but where Federal
lands were sparse or nonexistent we
incorporated other ownerships in order
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to design and designate an effective
critical habitat network. As noted in our
response to Comment 64, in cases where
our analysis of the benefits of exclusion
outweighed those of inclusion, such as
when conservation agreements and
partnerships have been developed with
the Service, we have excluded State or
other public lands from the final
designation (see Exclusions).
Our proposed rule (77 FR 10462;
March 8, 2012) identified several
different possible outcomes of that
proposed revision, depending on
various areas considered for exclusion.
Among the exclusions of public lands
under consideration were all
congressionally-reserved natural areas
and all State lands. Of the
congressionally-reserved natural areas
under consideration, we have excluded
all congressionally-reserved natural
areas and State Parks from this final
designation (see Exclusions). In
addition, private lands were also
excluded, following a careful analysis of
the benefits of inclusion versus
exclusion. In other cases, lands were
retained in the final designation for a
variety of reasons; for lands that were
considered or proposed for exclusion,
but not excluded in this final
designation, those decisions are
described in the section Changes from
the Proposed Rule.
We recognize the concern over the
inclusion of certain Federal lands in the
designation of critical habitat for the
northern spotted owl, and particularly
of lands in the matrix land use
allocation or the O&C lands. As
described in the section Criteria Used to
Identify Critical Habitat and elsewhere
in this rule, we looked to Federal lands
first for the conservation of the northern
spotted owl, in part because Federal
agencies have a statutory mandate to
contribute to the conservation of listed
species. Secondly, because the
protections of critical habitat are
triggered only in the case of a Federal
nexus, those protections are always in
place on Federal lands; thus the benefit
of including Federal lands in critical
habitat can potentially be significant.
Finally, we only included lands in the
designation if they meet the definition
of critical habitat; that is, if they play a
truly essential role in the conservation
of the species. In some areas, for
example the O&C lands, our modeling
results indicated that those Federal
lands make a significant contribution
toward meeting the conservation
objectives for the northern spotted owl
in that region, and that we cannot attain
recovery without them. Likewise, in
addition to our modeling results, peer
review of both the Revised Recovery
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Plan for the Northern Spotted Owl
(USFWS 2011) as well as our proposed
rule to revise critical habitat, suggested
that retention of high quality habitat in
the matrix is essential for the
conservation of the species. Population
performance based on reserves under
the NWFP, for example, fared very
poorly compared to this final
designation of critical habitat. As
described in the section Changes from
the Proposed Rule, we tested possible
habitat networks without many of these
matrix lands, which resulted in a
significant increase in the risk of
extinction for the northern spotted owl.
Similarly, for the reasons outlined
above, we have retained experimental
forests on Forest Service lands in
critical habitat. This designation
includes areas within seven Forest
Service experimental forests: H.J.
Andrews Experimental Forest, Pringle
Falls Experimental Forest, South
Umpqua Experimental Forest, and
Cascade Head Experimental Forest in
Oregon; Wind River Experimental
Forest and Entiat Experimental Forest in
Washington; and Yurok Redwood
Experimental Forest in California. Three
of these seven experimental forests are
already included in the 2008 critical
habitat designation. Our evaluation of
these seven experimental forests
demonstrates that these areas contain
high value occupied habitat for northern
spotted owls within their borders. In
many cases, the habitat in these
experimental forests represents
essentially an island of high value
habitat in a larger landscape of
relatively low value habitat; this is
especially true in the Coast Range, a
region where peer reviewers particularly
noted a need for greater connectivity
and preservation of any remaining high
quality habitat. These considerations, in
conjunction with the inherent benefits
of critical habitat on Federal lands,
described above, lead us to conclude
that there are significant benefits to the
inclusion of these experimental forests
in critical habitat. As discussed earlier
in this document, we recognize the
valuable role of these experimental
forests, and we encourage continued
research and adaptive management on
these forests. All of these forests are
occupied by the northern spotted owl
and we are already consulting with the
Forest Service in these areas under the
jeopardy standard. The incremental
impact of critical habitat is therefore
limited to the cost of consultation for
the additional adverse modification
analysis and any potential project
modifications to avoid adverse
modification or destruction, if needed;
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we did not consider the benefit of
avoiding these costs through exclusion
to outweigh the benefits of inclusion for
these areas. As noted in this document,
we fully support the research activities
in these experimental forests and intend
to continue working cooperatively with
the Forest Service to ensure the
successful continuation of their
scientific mission in these areas.
In sum, the best scientific information
available indicates that the Federal
lands we have included in this final
designation are essential to the
conservation of the species, and we
have retained such areas in the final
designation.
Comment (66): Several State and
public commenters noted that the
northern spotted owl critical habitat
designation includes areas of younger
forest that may not include the PCEs,
and questioned whether this was an
artifact of the modeling process or an
intentional inclusion of lands for the
future development of PCEs and
expansion of the northern spotted owl
population, as stated in the rule.
Our Response: The essential
conservation goal of the critical habitat
network is to provide for a stable or
increasing northern spotted owl
population trend, which we determine
will result from, in part, the retention of
existing high-value habitat and the
development of additional habitat to
support more northern spotted owls
than currently exist. Some areas of
younger forest that do not currently
contain all of the PCEs are essential for
this purpose. In such cases, we
evaluated these areas as if they were
unoccupied at the time of listing, and
included them in the designation only
if we determined that they are essential
to the conservation of the species.
Comment (67): Several commenters
(State and public) identified specific
concerns with the proposed critical
habitat maps, including revisions to
land ownership or management on both
public and private land, noting the
inadvertent inclusion of some lands that
did not meet the definition of critical
habitat and questions regarding the
mapping scale and resolution. Several
commenters submitted revised or
corrected maps for the Service to
consider in developing the final rule.
Our Response: We thank the
commenters for the information
provided. Numerous edits and changes
were made to the maps in the final rule,
where appropriate, including
assessment of specific lands identified
to determine whether they met the
definition of critical habitat. For
example, in the State of Washington, we
determined that many small woodlot
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owners possess lands that do not
provide the PCEs for the northern
spotted owl, or that the lands initially
identified in the proposed rule are too
fragmented or isolated to be essential to
the conservation of the species (see
Comment (107)); such lands were
removed from the final designation
because they do not meet the definition
of critical habitat. In several cases,
landowners contacted us and asked for
the exclusion of their lands, but we
determined that those landowners were
not included in the proposed critical
habitat. In some cases, changes have
been addressed narratively (e.g., the
clarification that no private lands in
Oregon met the definition of critical
habitat and, therefore, were not
included in the proposed rule and are
not included in the final designation). In
cases where mapping errors may have
been made in our proposed critical
habitat, such errors were corrected.
Comment (68): Several State, Federal
(USFS and BLM), and public
commenters requested clarification on
the implementation of, or modification
of, the 500-ac (200-ha) circle we
recommended for assessing the effects
of an action to critical habitat.
Our Response: Based on both public
and agency comment and requests for
clarification, the final rule does not
identify the 500-acre (200-ha) circle as
a recommended scale for determining
the effects of an action, but does
reference it as a potentially useful scale
that could be used in the section
7consultation process. How to best
apply it, or other potential scales, will
be determined during the consultation
process initiated by Federal action
agencies proposing projects that may
affect areas designated as critical habitat
by this rule.
Comment (69): Several State and
public commenters questioned the
relationship of the impact of barred owl
competition on the northern spotted
owls, and amount of habitat needed in
the critical habitat designation and
whether recovery can be achieved
without addressing the impacts of the
barred owl. Some of these commenters
believe barred owl management should
occur prior to designation of additional
critical habitat areas.
Our Response: The survival of
northern spotted owls depends in large
part on the protection of habitat. This
protection remains crucial to the
recovery of the northern spotted owl
regardless of whether barred owls are
present or not. However, given that
barred owls and northern spotted owls
are now occupying similar habitats, it is
essential to maintain sufficient habitat
that meets the needs of northern spotted
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owls. The extent to which northern
spotted owls persist (sometimes
undetected) on areas with high barred
owl densities is unclear; however, with
a second species competing for similar
habitat, providing more of that habitat is
predicted to increase the ability for
northern spotted owls to persist in the
presence of barred owls. We identified
critical habitat for the northern spotted
owl with this essential need in mind.
The potential management of barred
owls is beyond the scope of this
rulemaking, which is limited to the
identification of critical habitat for the
northern spotted owl. If management of
barred owls is implemented and
assessed, as is currently occurring under
a separate process, the Service may
reconsider this critical habitat
designation and revise as appropriate.
Comment (70): Two comments
suggested the definition of northern
spotted owl habitat and patterns of
habitat use were inadequate.
Our Response: Northern Spotted owls
require areas that are primarily closed
canopy with sufficient roost sites and
small mammal populations to provide
prey. Descriptions of these habitats vary
across the range of the species, beyond
the simple categories of moist and dry
forest, making a specific definition at
the landscape scale problematic. In
developing the final critical habitat
designation for the species, we have
provided what we believe are the most
specific and useful descriptions of the
PCEs for northern spotted owls possible,
based on the best scientific information
available at this time. We have and will
continue to seek new, more detailed
information on habitat use over time.
Comment (71): A number of
comments (State and public)
encouraged an ecosystem approach to
land management.
Our Response: The designation of
critical habitat for the northern spotted
owl is consistent with the NWFP and
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011),
both of which take an ecosystem
approach to management and recovery
actions. The requirement of any such
management approach, however, is
beyond the scope of this rulemaking,
which is limited to the identification of
critical habitat for the northern spotted
owl.
Comment (72): Several comments
(State and public) suggested approaches
that provide incentives for landowners
to conserve habitat.
Our Response: The Service
administers several programs promoting
incentive-based conservation efforts on
non-Federal land (e.g., Safe Harbor
Agreements, Habitat Conservation
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Plans, and Partners for Fish and
Wildlife agreements). We highly
encourage landowners to explore
opportunities to participate in these and
other conservation programs.
Comment (73): The Washington
Department of Natural Resources
suggested the Service better align
designated critical habitat with the
agency’s management objectives, to
more efficiently manage for northern
spotted owl conservation.
Our Response: California, Oregon, and
Washington have their own natural
resource management paradigms; we
intend to work with each State within
the context of their management
objectives to protect northern spotted
owl critical habitat and work together
toward the recovery of the species.
County Comments
Comment (74): Jefferson County,
Washington, requested that we apply
critical habitat protections to a
considerable amount of owl habitat, and
suggested considering additional habitat
designations between the Olympics and
the Cascade Mountains, in order to
increase connectivity and ensure owl
recovery.
Our Response: In our process of
identifying areas that meet the
definition of critical habitat for the
northern spotted owl, we identified a
critical habitat network that provides
the essential life-history functions for
the northern spotted owl, including
demographic support and connectivity
between populations. Our modeling
results indicate the spatial extent of the
critical habitat designation throughout
the range, including between the
Olympic Peninsula and the Western
Cascades in Washington is sufficient to
meet essential recovery requirements.
Other areas outside the designation,
such as those suggested by the county,
do not meet the definition of critical
habitat because they are not essential to
the conservation of the species, even
though we agree with the county that
these lands are important and will
increase connectivity.
Comment (75): Wasco County,
Oregon, commented that it was in the
interest of the community to minimize
regulatory burdens from designated
critical habitat.
Our Response: We recognize that the
designation of critical habitat is often
perceived as a potential regulatory
burden. However, we wish to reiterate
that the regulatory effect of critical
habitat is the requirement for Federal
agencies to consult with the Service on
actions they carry out, fund, or
authorize that may affect the designated
critical habitat of threatened species or
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endangered species. Critical habitat
does not directly impose regulatory
restrictions on State land managers or
on private landowners where there is no
such Federal nexus. We do not believe
the designation of critical habitat will
result in a significant regulatory burden
on Federal land activities because of (1)
the cooperative nature of our
consultation process under the Act with
the Forest Service and BLM, and (2)
because of the existing requirement that
these agencies have to consult on the
effects of proposed actions on northern
spotted owls. Our approach was to
design a critical habitat network that
provides for essential northern spotted
owl recovery needs but designate as
small an area as possible, and to rely
primarily on public lands. We have
excluded all congressionally-reserved
natural areas (wilderness areas, national
parks), State parks, and private lands
from this final designation of critical
habitat.
Comment (76): Del Norte County,
California, expressed concern that the
proposed critical habitat designation
will create a regulatory hurdle that will
impede the construction of vital
infrastructure projects (roads, bridges,
power lines, and other utilities).
Our Response: Chapter 7 of the DEA
discusses the potential economic
impacts to road and bridge construction
and maintenance, and installation and
maintenance of power transmission
lines and other utility pipelines. The
analysis concludes that all potential
conservation efforts associated with
linear projects are expected to result
from the presence of the northern
spotted owl, not the designation of
critical habitat, and are thus considered
baseline impacts (see paragraphs 315
through 320 of the DEA). Incremental
costs attributable to critical habitat are
limited to the administrative costs of
additional staff time spent by Federal
agency staff and the Service to include
critical habitat effects analyses in the
section 7 consultation on these projects.
Therefore, we do not believe that the
designation of critical habitat for the
northern spotted owl will result in
significant regulatory burden to these
projects.
Comment (77): Del Norte County,
California; Wasco County, Oregon; and
Klickitat and Skamania Counties,
Washington, requested exclusion of all
lands including Federal, State, and
private lands within these counties in
the final rule. They expressed concern
regarding economic issues, a lack of
appropriate northern spotted owl
habitat within the counties, a lack of
evidence that including these lands
would actually help the species recover
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or avoid extinction, and a lack of need
for or benefits from additional
protections due to existing standards
and guidelines.
Our Response: The critical habitat
designation includes those lands the
Service determined are essential to
provide for the conservation of the
northern spotted owl through a state-ofthe-art modeling process that
incorporated the latest expert
knowledge on the habitat needs of
northern spotted owls. In designating
these lands we have considered their
ownership, management, contribution
to northern spotted owl conservation,
existing protections, economic impacts,
etc., and determined it is appropriate
and necessary to include them in the
final critical habitat network to best
ensure successful northern spotted owl
conservation. Each of these counties
contains habitat that supports northern
spotted owl populations that are
essential to the conservation of the
species.
We recognize that the greatest benefit
of critical habitat is realized on Federal
lands since the regulatory effect of
critical habitat is the requirement that
Federal agencies ensure that any actions
that they carry out, fund, or authorize
do not destroy or adversely affect
designated critical habitat. In addition,
Federal agencies have a mandate under
section 7(a)(1) of the Act to carry out
programs for the conservation of
endangered species and threatened
species. For these reasons, we looked
first to Federal lands for the critical
habitat essential to the conservation of
the northern spotted owl, as described
in Criteria Used to Identify Critical
Habitat, above, and supporting
methodology (Dunk et al. 2012b).
Section 3(5)(A) of the Act states that
critical habitat is defined as (1) the
specific areas within the geographical
area occupied by the species at the time
it was listed that contain the physical or
biological features essential to the
conservation of the species and which
may require special management
considerations or protection; and (2)
specific areas outside the geographical
area occupied by the species at the time
it was listed, upon a determination by
the Secretary that such areas are
essential for the conservation of the
species. Further, section 4(b)(2) of the
Act mandates that such determinations
shall be made on the basis of the best
scientific data available and after taking
into consideration the economic impact,
the impact on national security, and any
other relevant impact of specifying any
particular area as critical habitat.
The language of the Act does not
restrict the designation of critical habitat
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to specific land ownership such as
Federal lands; thus, lands of all
ownerships are considered if they
satisfy the scientific criteria indicating
that they meet the definition of critical
habitat for the specific species. Areas
may be removed from the final
designation should the Secretary
exercise his discretion to exclude such
areas subsequent to a weighing of the
benefits of exclusion versus inclusion
under section 4(b)(2), or if we should
determine, based on public comment or
other information received following the
issuance of the proposed rule, that such
areas do not meet the definition of
critical habitat (for example, areas that
were occupied at the time of listing but
do not provide the essential physical or
biological features, or areas that may not
have been occupied at the time of listing
and were proposed for designation, but
are not essential to the conservation of
the species).
As described in the proposed rule
(March 8, 2012; 77 FR 14076, p. 14099),
we evaluated critical habitat scenarios
that prioritized Federal lands first as
well as scenarios without regard to
landownership. In all cases, if the
scenarios under consideration provided
equal contribution to recovery, we chose
the scenario that prioritized publicly
owned lands. State and private lands
were included only if they were
essential to achieve conservation of the
species after considering the
contribution of Federal lands. Based on
information received during the public
comment period, in several cases we
refined the critical habitat boundaries to
remove areas of private lands that do
not meet our criteria for critical habitat
(for example, new information
indicating that the areas in question lack
the PCEs, due to recent timber harvest,
stand-replacing fires, or other such
events). In others, the Secretary has
chosen to exclude lands from the
designation. In such cases, exclusion
does not signal a determination that
these areas are not essential to the
conservation of the species, but only
that the Secretary has determined that
the benefits of exclusion outweigh those
of inclusion. All congressionallyreserved natural areas (wilderness areas,
national parks), State parks, and private
lands have been excluded from this
final designation of critical habitat for
the northern spotted owl (see
Exclusions).
We reduced critical habitat in all four
of these counties across all ownerships
as we refined our proposal. In response
to comments, we used additional
information sources to very carefully
identify and retain areas that were best
suited to meeting the unique
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conservation needs for northern spotted
owl conservation that are associated
with the geographic location of these
counties.
The Columbia River, which forms the
southern boundaries of Skamania and
Klickitat counties, presents a formidable
obstacle to dispersal of northern spotted
owls. Maintaining demographic
exchange between northern spotted owl
populations in Washington and Oregon
requires both maintenance of a robust
population of potentially dispersing
owls, and quality habitat as near to the
Columbia River as possible to increase
the likelihood of dispersing owls
successfully crossing the river. Critical
habitat in Skamania and Klickitat
counties plays a key role in preventing
the demographic isolation of
Washington spotted owls, and
preventing isolation is widely
recognized as an essential feature of
sustaining wildlife populations. The
designated lands in Wasco County,
Oregon, contribute to this crossColumbia River connection, as well as
providing sites for northern spotted owl
reproduction. In Del Norte County,
California, designated lands contribute
to demographic support to the overall
northern spotted owl population, but
also function for connectivity across the
landscape and for habitat that can be
colonized by young owls. In short, the
designated lands in all these counties
are part of a network that supports
northern spotted owl sites for
reproduction, habitat available for
colonization by young, and habitat that
connects populations across the range of
the species, all of which are, in concert,
essential to provide for the conservation
of the species.
Our economic analysis indicated that
Del Norte and Skamania counties may
be more sensitive to future changes in
timber harvests, industry employment,
and Federal land payments, due to
recent socioeconomic trends. Timber
harvest changes related to critical
habitat designation are one potential
aspect of this sensitivity. Between 1989
and 2009, timber industry employment
declined by 70 percent or more in Del
Norte and Skamania counties. These
counties also experienced the greatest
declines in timber harvests and timber
industry employment. Skamania County
is also highly reliant on Federal
payments to counties, with these
payments representing between 26 and
50 percent of total revenues. We
considered all these factors while
evaluating comments from these
counties.
The potential impact of the
designation of critical habitat on timber
harvest levels, and whether that change
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will be positive or negative, is
uncertain. Therefore, how critical
habitat designation may impact the
timber industry in terms of future
harvest levels, employment, and
revenue-sharing payments to counties is
also uncertain. As outlined in the
economic analysis timber harvest may
increase, decrease or stay substantially
the same as recent timber harvest levels
depending on how the Forest Service
and BLM decide to manage their lands
within the designation. Furthermore,
timber industry employment is affected
not only by harvest trends but also by
fluctuations in national and
international markets; changes in land
ownership; and increasing
mechanization and productivity in the
industry. Our economic analysis also
indicated the potential for beneficial
economic and ancillary effects of
spotted owl conservation due to critical
habitat designation, but monetizing
effects such as improved water quality
and aesthetic improvements remains
challenging. Finally, our analysis of the
incremental impacts of critical habitat
designation suggested that the annual
administrative costs associated with
designation were likely to be relatively
low.
Our weighing of the relative benefits
of inclusion in critical habitat integrated
(1) the relative sensitivity of counties to
economic impacts associated with
critical habitat designation, (2)
uncertainty regarding potential
economic effects, (3) our expectation
that incremental administrative costs
may be minor, and (4) modeling results
that indicated essential conservation
functions of habitat in these counties.
Based on these factors the Secretary has
chosen not to exert his discretion to
exclude these lands from critical
habitat.
Comment (78): Del Norte County,
California, requested that the Service
exclude all congressionally reserved
areas from critical habitat.
Our Response: All congressionally
reserved natural areas have been
excluded from this final designation of
critical habitat, as described in the
Exclusions section of this document.
Comment (79): One commenter stated
that the O&C Act limits the authority of
the Service in designating critical
habitat.
Our Response: The O&C Act
(pertaining to lands in Oregon and
California) does not limit the Service’s
authority to designate critical habitat for
the northern spotted owl. The
designation of critical habitat is not a
land use allocation and does not impose
management prescriptions. Under
section 7(a)(2) of the Act, each Federal
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agency must insure that any action
authorized, funded, or carried out by the
agency is not likely to jeopardize the
continued existence of any endangered
or threatened species or result in the
destruction or adverse modification of
the designated ‘‘critical habitat’’ of the
species. 16 U.S.C. 1536(a)(2). To help
action agencies comply with this
provision, section 7 of the Act and the
implementing regulations set out a
detailed consultation process for
determining the impacts of a proposed
activity on species listed as threatened
or endangered, or its designated
‘‘critical habitat.’’ 16 U.S.C. 1536; 50
CFR part 402. In Seattle Audubon
Society v. Lyons (‘‘Lyons’’), 871 F. Supp.
1291 (W.D. Wash. 1994), the district
court held that ‘‘the O&[C Act] does not
allow the BLM to avoid its conservation
duties under NEPA or the Act * * *’’
Id. at 1314. The critical habitat
designation does not preclude the
sustained-yield timber management of
O&C lands consistent with the above
requirements of the Act.
Comment (80): One commenter stated
that the Service failed to explain why
revising the designation of critical
habitat for the northern spotted owl is
‘‘exempt’’ under sections 2 and 3 of the
Executive Order 13132 on Federalism.
Our Response: We have complied
with E.O. 13132 by explaining why the
rule does not have federalism
implications, impose substantial direct
compliance costs on State and local
governments, or preempt State law so
that a federalism summary impact
statement pursuant to section 6 of the
executive order is not required. The
designation of critical habitat directly
affects only the responsibilities of
Federal agencies through section 7(a)(2)
of the Act. The Act does not directly
impose other duties with respect to
critical habitat on either States or local
governments and as a result does not
have substantial direct effects on the
States and local governments, the
relationship between the national
government and the States, or the
distribution of powers and
responsibilities among the various
levels of government. Sections 2 and 3
of E.O. 13132 set out Fundamental
Federalism Principles and Federalism
Policymaking Criteria, respectively.
Within the framework of the Act, which
requires the Service to designate critical
habitat to the maximum extent prudent
and determinable, we have adhered to
the concepts discussed in these
sections. For example, even though the
rule does not have federalism
implications, we strongly urged the
States and county governments to
provide comments to us and provided
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them an additional period for comment
to ensure they had an opportunity for
thorough review. Our economic analysis
examined potential indirect impacts of
the rule on all who may participate in
section 7 consultations, and that was
available for comment by the States and
counties as well. In addition, we have
also taken into account State law
protections for northern spotted owl
critical habitat in our decisions whether
to exclude areas under section 4(b)(2) of
the Act.
Comment (81): Several counties,
including Del Norte County, California,
and Wasco County, Oregon, expressed
concerns about the impact of barred
owls on the northern spotted owl, and
questioned whether recovery can be
achieved without addressing the
impacts of the barred owl. Some of these
commenters believe barred owl
management should occur prior to
designation of additional critical habitat
areas.
Our Response: The survival of
northern spotted owls depends in large
part on the protection of habitat—this
protection remains crucial to the
recovery of the northern spotted owl
regardless of whether barred owls are
present or not. Given that barred owls
and northern spotted owls are now
occupying similar habitats, it is
essential to maintain sufficient habitat
that meets the needs of northern spotted
owls. The extent to which northern
spotted owls persist (sometimes
undetected) on areas with high barred
owl densities is unclear. With a second
species competing for similar habitat,
providing more of that habitat may
increase the ability for northern spotted
owls to persist in the presence of barred
owls. If management of barred owls is
implemented and assessed, the Service
may reconsider this critical habitat
designation and revise as appropriate.
In our separate actions investigating
possible barred owl management, we
can, and are, modeling some approaches
with and without barred owl
competition effects on the northern
spotted owl, and will continue to do so
as new information becomes available.
Recent research (Wiens 2012) indicates
that population performance of both
northern spotted owls and barred owls
is greatest when high-quality habitat is
most abundant, and most peer reviewers
supported the approach of conserving
more habitat to help offset the impact of
the barred owl on the northern spotted
owl.
County Comments on Active
Management and Fire Management
Comment (82): Several counties
including Wasco County, Oregon, and
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Del Norte County, California, requested
that the Service promote active
management activities within critical
habitat to reduce fire risk and reduce
fuels, and raised the concern that
critical habitat designation could reduce
or delay the ability of land managers to
manage fuels and thus increase risks
from wildfire.
Our Response: This rule does not
establish management prescriptions for
lands designated as critical habitat.
However, the Service has made
considerable effort to discuss, for the
benefit of land managers, potential
approaches to active forest management
in dry forests, including actions that
manage fuels and restore ecosystem
health. We encourage land managers to
consider active management of their
forests that balances short-term impacts
with long-term beneficial effects that
ultimately support long-term
conservation of the northern spotted
owl. In dry forests, this could include
using a landscape assessment approach
to improve the estimation of effects of
management actions on northern
spotted owl habitat and to better
identify and prioritize areas for
treatments. The assessment may be used
to provide support and rationale for
treatment, especially in areas where
active forest management actions appear
to be in conflict with the conservation
of high-value northern spotted owl
habitat.
The draft economic analysis (DEA)
addressed the potential impacts of
critical habitat on fire management in
Chapters 4 and 8. In Chapter 4, the DEA
discussed the fact that ecological fire
salvage activities could result in
incremental economic effects. Due to
data limitations and fire location
uncertainty, however, these effects were
not quantified. In the benefits
discussion in Chapter 8, the DEA
recognized that it is possible that the
designation could result in increased
resiliency of timber stands associated
with improved timber management
practices, such as thinning, partial
cutting, and active adaptive forest
management and monitoring. These
efforts may reduce the threat of
catastrophic events such as wildfire,
drought, and insect damage. This in
turn may generate benefits in the form
of reduced property damage.
Comment (83): Jefferson County,
Washington, encouraged the Service to
determine adverse modification at a
finer scale, such as the owl’s home
range.
Our Response: The final rule
establishes that the scale of the adverse
modification determination will be ‘‘the
entire designated critical habitat, as
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described below, with consideration
given to the need to conserve viable
populations within each of the
physiographic provinces identified in
the Revised Recovery Plan (USFWS
2011, Recovery Criterion 2).’’ The
Service believes the entire designated
critical habitat is the appropriate scale
for this analysis because our
determination is whether
implementation of the Federal action
would preclude the critical habitat from
serving its intended conservation
function or purpose. That conservation
role of critical habitat is to conserve the
listed species throughout its range,
which is closely aligned with the entire
critical habitat designation. Therefore,
the entire designation is the most
appropriate scale for the adverse
modification determination. However, a
proposed action that compromises the
capability of a subunit or unit to fulfill
its intended conservation function or
purpose (e.g., demographic, genetic, or
distributional support for spotted owl
recovery) could represent an
appreciable reduction in the
conservation value of the entire
designated critical habitat.
Comment (84): Wasco County,
Oregon, requested that the Service do an
Environmental Impact Statement to
ensure a full analysis of the effects of
the critical habitat designation has been
done, including a fuller picture of
potential economic and social impacts.
Our Response: The critical habitat
proposal was fully compliant with
NEPA. Economic and social effects are
not intended by themselves to require
preparation of an environmental impact
statement. 40 CFR 1508.14. We have
determined, for the reasons contained in
our Finding of No Significance, that an
environmental impact statement is not
necessary.
Comment (85): Klickitat County,
Washington, asserts that the Service has
not adequately considered ‘‘forest
vulnerabilities’’ and potential economic
impacts to local communities, and is
inconsistent with the Presidential
Memorandum to the Secretary of the
Interior dated February 28, 2012.
Our Response: We disagree with the
assertion that the Service has not
adequately considered ‘‘forest
vulnerabilities’’ in this designation of
critical habitat. If we correctly
understand ‘‘forest vulnerabilities’’ to
include all those natural and human
induced disturbance processes that have
the potential to change the structure and
function of forests, these factors played
a prominent role in our entire approach
to this designation. We believe this rule,
along with the Revised Recovery Plan
for the Northern Spotted Owl, provides
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a thorough explanation of how past
management and future disturbance can
affect habitat quality for spotted owls,
and especially how ecological forestry
might be used to manage these effects.
The purpose of the economic analysis
is to provide the Secretary of the Interior
with information to consider potential
economic impacts and analyze whether
the benefits of excluding a particular
area may outweigh the benefits of
including that particular area as critical
habitat based on potential
disproportionate economic impacts.
Chapter 6 of the FEA provides a detailed
socioeconomic profile of each of the 23
counties (including Klickitat County,
Washington) containing proposed
critical habitat subunits. The analysis
presents data on the percent change in
timber production between 1990 and
2010 for each county, and on the
percent growth of annual industry
employment between 1989 and 2009 for
each county. In addition, the analysis
presents data on Federal land payments
to each of the 23 counties as a percent
of the total local government revenue in
FY 2009, demonstrating the relative
importance of these funds to each
County’s budget. We find the
information provides sufficient context
for understanding relative economic
circumstances and the potential
incremental impacts of the designation
to local communities across the
designation.
The section ‘‘Consistency with
Presidential Directive’’ in our Executive
Summary describes how we have
addressed the points raised in President
Obama’s Memorandum of February 28,
2012.
Comment (86): Jefferson County,
Washington, encouraged the Service to
consider the effects of critical habitat
designation on ecosystem services, such
as drinking water, hunting and fishing,
carbon storage, and erosion and flood
control.
Our Response: The Service recognizes
that much attention has been paid
nationally and globally to valuing
ecosystem services provided by
landscapes. Published, peer-reviewed
studies provide information on values of
multiple categories of ecosystem
services (e.g., agricultural production,
water quality regulation, carbon storage
and sequestration, recreation, aesthetic
values, etc.) across a variety of land use
types (e.g., wetlands, forests, etc.). Over
the past 20 years, multiple studies have
relied on this literature to develop largescale benefits transfer analyses in order
to estimate a total value of a parcel of
land, a watershed, a State, or even the
planet (e.g., Costanza 1997, as described
in the comment letter). We believe that
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improving native ecosystems is a benefit
to the species that rely on them, is
consistent with the goal of the Act and
will improve all these ecosystem
functions.
Public Comments
Active Forest Management
Comment (87): One commenter agreed
that the Service is not able to predict the
outcome of section 7 consultations, but
expressed concern that land
management decisions would be made,
using the critical habitat rule for
justification of these outcomes. A
suggestion was made to eliminate or
modify portions of the critical habitat
rule that encourage active management
within critical habitat.
Our Response: The Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011) and the NWFP
recommends certain types of active
forest management within the range of
the northern spotted owl to meet
various management goals. Our critical
habitat rule refers to these
recommendations. The Revised
Recovery Plan encourages careful
consideration and incorporation of
specific and appropriate information
when deciding which actions, if any, are
appropriate for active forest
management within critical habitat.
However, we are not able to predict
where or what types of actions will be
proposed within northern spotted owl
critical habitat, nor is it within the
authority of this rulemaking to prescribe
where or what types of actions will take
place. The actual management activities
that may take place within critical
habitat will depend on future
management decisions by the land
managing agencies consistent with their
land use plans and the legal authorities
under which they operate, and in
consultation with us under section 7 of
the Act for those activities involving a
Federal nexus.
Comment (88): Several commenters
raised concern over the creation of
early-seral habitats. The points raised a
concern over the removal of current
habitat to create early-seral habitat,
expressed a need to make use of natural
disturbances to achieve early-seral
habitat, and questioned the
appropriateness of creating early-seral
habitat inside critical habitat.
Our Response: Recent research has
informed land managers on the
biological value of complex early-seral
habitats. The Revised Recovery Plan for
the Northern Spotted Owl (USFWS
2011) suggests that management of
early-seral habitats be considered where
they are underrepresented and would
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improve landscape and biological
diversity. Within that context, thinning
and targeted variable-retention harvest
in moist forests could be considered,
where the conservation of complex
early-seral forest habitat is a
management goal. This approach
provides a contrast to traditional clearcutting that does not mimic natural
disturbance or create viable early-seral
communities that grow into high-quality
habitat (Dodson et al. 2012, p. 353;
Franklin et al. 2002, p. 419; Swanson et
al. 2011, p. 123; Kane et al. 2011, pp.
2289–2290; Betts et al. 2010, p. 2127,
Hagar 2007, pp. 117–118). Swanson
(2012, entire) provides a good overview
and some management considerations.
The Revised Recovery Plan does not
suggest that high-quality owl habitat or
areas currently on a trajectory to become
high-quality owl habitat be removed to
create early-seral conditions. The
Revised Recovery Plan recommends
such treatments, if considered by the
land management agencies, be applied
in matrix areas consistent with the
Standards and Guidelines of the NWFP.
Comment (89): One commenter asked
how the Service and managers will
evaluate forest management strategies
without information on the potential
effects of these strategies to determine
whether they are positive, neutral, or
negative.
Our Response: Commercial thinning
has been shown to negatively affect
northern spotted owls and their prey,
and we have included a more detailed
discussion of this issue in the final rule.
In areas where active management may
be appropriate for consideration, the
goal is to conserve and restore
ecological function; however, we
recognize that management agencies
may have multiple management goals.
In areas where actions such as
commercial thinning may be considered
(e.g., the matrix land use allocation), we
are not encouraging them in areas of
high-quality owl habitat.
Comment (90): One commenter
requested consideration of the forest
thinning direction contained in
Ecologically Appropriate Restoration
Thinning in the Northwest Forest Plan
Area (Kerr 2012) as an option for future
critical habitat management.
Our Response: We appreciate this
suggestion and have integrated the
information in this reference into our
discussions of forest thinning.
Comment (91): One commenter
requested that special management
considerations for the East Cascades
emphasize management for welldistributed, large, contiguous blocks
habitat across the landscape.
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Our Response: Special Management
Considerations for the East Cascades are
identified that management may be
required to address the threats to the
essential physical or biological features
in this region from past activities.
Widespread management of large, fully
contiguous blocks of habitat east of the
Cascades is not ecologically sustainable
in many places, due to the dynamic
ecological processes and fire regimes
that shape the distribution of forested
habitats in this region (Williams 2012,
entire). We do, however, recommend
land managers consider the
conservation of larger blocks of current
habitat on areas of landscapes where it
is more likely to be resistant or resilient
to fire and other natural disturbance. We
encourage the use of landscape
assessments to identify areas important
for ecological process restoration and
areas that are valuable for northern
spotted owl conservation and recovery
(see, e.g., NWFP Standards and
Guidelines p. C–13).
Comment (92): One commenter noted
that the Service should emphasize
protection of mid-seral forests so that
they may develop into high-quality
habitat.
Our Response: We recommend that
habitats with high value to the
conservation of the northern spotted
owl be conserved. High-value habitat
includes mid-seral forests as one
component. Mid-seral forests that are
generally not occupied by northern
spotted owls, however, may be
appropriate areas for land management
agencies to consider for active forest
management that may increase their rate
of development into high-quality
habitats.
Comment (93): One commenter noted
that past active management resulted in
excessive logging and road building,
which led to the threatened and
endangered status of species in the
Pacific Northwest. Included in this
comment are concerns over active
management harming water quality,
diminishing recreational activities, and
increasing fire risk if followup actions
(e.g., removal of slash, removal of burn
piles, prescribed fire) are not carried
out.
Our Response: We have identified the
major threats to owl recovery in this
rule, including traditional timber
harvest that resulted in the removal of
large areas of old forest. Active
management, in general, may affect
water quality and recreational
opportunities, but it may also restore
habitat conditions or reduce fire risk if
implemented properly. We encourage
land managers to be mindful of these
concerns and to protect important areas
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from long-term adverse impacts
wherever possible.
Comment (94): Several commenters
expressed concern that logging in
critical habitat and LSRs would increase
the risk of extinction of the northern
spotted owl, degrade owl habitat,
increase the risk of fire, damage forest
health, and damage watershed health.
Commenters expressed concern about
specific logging prescriptions that
appear to remove trees or degrade areas
that could function as habitat for
northern spotted owl, such as mistletoe
removal, post-fire logging, or disease
management activities. In addition,
several thousand commenters submitted
similar comments in general support of
protections against logging the mature
and old-growth forests of the Pacific
Northwest and Northwest California due
to economic and environmental
benefits.
Our Response: The critical habitat
rule identifies habitats with high value
to the recovery of the northern spotted
owl that are essential and will receive
regulatory protections under section 7 of
the Act where a Federal nexus exists.
We emphasize that careful
consideration should be given to any
forest management activities occurring
within northern spotted owl critical
habitat. The Revised Recovery Plan for
the Northern Spotted Owl (USFWS
2011) indicates that active forest
management, when applied at
appropriate scales and locations, could
be a valuable tool in the recovery of the
species and conservation of forest
ecosystems. Further, we recommend
that the focus of these treatments be
outside of high-value habitat for
northern spotted owls wherever
possible and that high-quality habitats
be conserved and recruited. Work inside
of LSRs should be in accordance with
the NWFP Standards and Guidelines.
We again note that, although we
encourage land management agencies to
follow the recommendations for the
Revised Recovery Plan for the Northern
Spotted Owl, it is beyond the authority
of this rulemaking to mandate specific
management activities within critical
habitat. The actual management
activities that may take place within
critical habitat will depend on future
management decisions by the land
managing agencies consistent with their
land use plans and the legal authorities
under which they operate.
Comment (95): One commenter
suggested our treatment of the effects of
forest thinning on owls and of fire was
incomplete and biased towards
supporting thinning treatments in
critical habitat.
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Our Response: We recognize that
more research would be helpful to better
understand how northern spotted owls
respond to various vegetation
management treatments, especially
those implemented to address long-term
forest health and increasing risk of
wildfire. Thinning and other vegetation
management may have either negative
or beneficial impacts to northern
spotted owl habitat depending on how,
when, and where the treatments are
implemented.
The existing information about the
tradeoffs associated with active and
passive management in dry forests
indicates that strategic application of
active management may offer a higher
likelihood of achieving conservation
objectives than no management.
Although passive management can be
viewed as more precautionary, this view
is rooted in a perspective that considers
risks to northern spotted owl habitat
from natural disturbance to be relatively
low. However, we believe that the
weight of evidence from both tracking of
habitat removal due to natural
disturbance and results from modeled
simulations of fire dynamics suggest
that risks of habitat loss due to natural
disturbance is high enough to warrant
consideration of strategic active
management within critical habitat by
land managers, especially in forested
plant associations that typically have
frequent or mixed-severity fire regimes
(Buchanan 2009, pp. 114–115; Healey et
al. 2008, pp. 1117–1118; Roloff et al.
2012, pp. 8–9; Ager et al. 2007, pp. 53–
55; Ager et al. 2012, pp. 279–282;
Franklin et al. 2009, p. 46; Kennedy and
Wimberly 2009, pp. 564–565). In the
final rule, we have refined and
expanded our discussion of ways land
managers might implement active
management to minimize potential risks
to northern spotted owls and their
habitat, and provide appropriate
safeguards in the face of scientific
uncertainties surrounding disturbance
dynamics in dry forests and northern
spotted owl responses to management.
In addition, active adaptive forest
management may prove to be an
essential tool for reducing uncertainties
and increasing the conservation
effectiveness of active management for
northern spotted owl habitat.
Comment (96): Several commenters
expressed concern over the justification
of projects that encourage timber harvest
in suitable northern spotted owl habitat,
including the pilot projects guided by
Drs. Johnson and Franklin that are
occurring in BLM’s pilot projects out of
the Roseburg and Coos Bay BLM offices.
Our Response: The Service is working
with land managers and scientists to
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minimize impacts to northern spotted
owl’s essential habitat, and owl
conservation as a consequence of timber
harvest and other vegetation
management projects. We worked
closely with Dr. Norm Johnson, Dr. Jerry
Franklin, and the Roseburg and Coos
Bay BLM offices to evaluate these pilot
projects, which are not in LSRs and are
consistent with requirements of the
NWFP. The Revised Recovery Plan for
the Northern Spotted Owl (USFWS
2011) recommends applying ecological
forestry techniques as a way of reducing
impacts to northern spotted owl habitat
in areas proposed for timber harvest. In
general, northern spotted owl habitat in
moist forests that is on a trajectory for
development into late-successional
conditions is not in need of active
management to enhance its
development. The Service recommends
that land managers consider thinning
and other regular management in
critical habitat, when the goal is to
improve or maintain northern spotted
owl habitat and long-term forest health.
Specific conditions vary as will
determinations of where, when and how
to apply management. The actual
management activities that may take
place within critical habitat will depend
on future management decisions by the
land managing agencies consistent with
their land use plans and the legal
authorities under which they operate,
and in consultation with us under
section 7 of the Act for those activities
involving a Federal nexus.
Comment (97): Several commenters
suggested that the Service should
include a full analysis of the risks to
northern spotted owl habitat from fire,
in an effort to support the
recommendations for active forest
management, and should also include
an analysis of the effects to northern
spotted owl habitat from post-fire
logging activities in the final rule.
Our Response: First, we must clarify
that this critical habitat rule does not
take any action or adopt any policy,
plan, or program in relation to active
forest management. The discussion is
provided only for consideration by
Federal, State, local, and private land
managers, as well as the public, as they
make decisions on the management of
forest land under their jurisdictions and
through their normal processes. Second,
there is considerable scientific
uncertainty over the risk of fire to
northern spotted owl habitat. Where
data are available, the literature shows
that high-severity fire and increased
frequency of fire may be a risk to the
nesting function of northern spotted owl
habitat (e.g., Kennedy and Wimberly
2009, p. 565). The literature so far is
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unclear, not only on how much highseverity fire may be a risk to northern
spotted owls, but also regarding what
spatial arrangement and amount of
burned and unburned vegetation or
different burn severities may be
beneficial or detrimental to northern
spotted owl occupancy and habitat use.
We address this issue in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011), in which we also
suggested an adaptive management
framework to test hypotheses that will
help address this uncertainty. Recovery
Action 12 in the Revised Recovery Plan
summarizes the literature on post-fire
logging and recommends that these
types of silvicultural activities focus on
conserving and restoring those habitat
elements that take a long time to
develop (e.g., large trees, medium and
large snags, downed wood).
Comments on Ecological Forestry
Comment (98): One commenter noted
that the Service is promoting timber
harvest activities that are compatible
with northern spotted owl critical
habitat, but regulations prevent this
work from occurring.
Our Response: We believe the
activities recommended in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011) and discussed in
this critical habitat rule are compatible
with the Standards and Guidelines of
the NWFP. We encourage land
management agencies to consider active
management of forests that balance
short-term impacts with long-term
beneficial effects that ultimately support
long-term conservation of the northern
spotted owl.
Comment (99): One commenter noted
that ecological forestry practices are not
clearly defined and according to the rule
will be different in each situation.
Our Response: Land management
decisions on when and where to apply
ecological forestry practices are contextspecific, based on local conditions, and
will be made by the appropriate land
managers. The prescription of specific
management practices is beyond the
authority of this rule. This critical
habitat rule and the Revised Recovery
Plan (USFWS 2011, entire) provide an
overview and multiple scientific
references on ecological forestry. We are
available to work with land managers to
provide technical assistance in further
defining ecological forestry practices at
finer scales, should land managers be
interested in applying such techniques.
Comment (100): Several commenters
raised concerns that critical habitat
designation would reduce or delay the
ability of land managers to manage
fuels, that more implementation of fuels
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reduction activities are needed, that fire
resiliency needs to be achieved, and that
we consider timber and nontimber
resources to manage fuels.
Our Response: The Service has made
considerable effort to discuss
recommendations and descriptions of
active forest management in dry forests,
including actions that manage fuels and
restore ecosystem health, in this critical
habitat rule. This rule is different from
previous designations of northern
spotted owl critical habitat in that we
are recommending a ‘‘hands on’’
approach to forest management within
critical habitat. We encourage land
managers to consider active
management of forests that balance
short-term impacts with long-term
beneficial effects, which ultimately
supports long-term conservation of the
northern spotted owl. In dry forests, we
recommend that land managers consider
a landscape assessment approach to
improve the estimation of effects of
management actions on northern
spotted owl habitat and to better
identify and prioritize areas for
treatments. The assessment may be
helpful, especially in areas where other
landscape or biodiversity management
goals may conflict with the conservation
of high-value northern spotted owl
habitat. We note that this rule can only
provide general advice as to those
activities that may be consistent with
the designation of critical habitat for the
northern spotted owl. The actual
activities proposed within critical
habitat are dependent upon decisions by
the land managers themselves, in
accordance with their land use plans
and legal authorities.
Comments on Exclusions
Comment (101): Several comments
questioned why the proposed critical
habitat did not include private lands in
Oregon but did in Washington or
California, and encouraged the Service
to exclude private lands in all three
States in the final rule, due to concerns
around the regulatory burdens of critical
habitat and the lack of need for
additional protections, in light of
existing conservation agreements and
State laws.
Our Response: In this designation of
critical habitat, we relied on public
lands to the maximum extent possible
in determining what lands met the
definition of critical habitat in that they
either contain essential physical or
biological features or are themselves
essential for the species’ conservation.
We looked first to Federal lands for
critical habitat; however, in areas of
limited Federal ownership, some State
and private lands provide areas
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determined to be essential to the
northern spotted owl, by contributing to
demographic support and connectivity
to facilitate dispersal and colonization.
State and private lands were included
only where essential to achieve
conservation of the species, and State
lands were prioritized over private
lands. In Oregon, Federal and State
lands identified were sufficient to meet
the conservation needs of the owl; in
Washington and California, there were
some areas where Federal and State
lands were not sufficient to meet the
population metrics essential to recovery
for the species, and some private lands
were identified as essential for
contributing to the conservation of the
species. These private lands were
subsequently excluded from the final
designation under section 4(b)(2) of the
Act (see Exclusions). As discussed in
our response to Comment (104), such
exclusion does not signal that these
lands are not important for the
conservation of the northern spotted
owl, but only that the Secretary has
determined that the benefits of
excluding these areas outweighs the
benefits of including them.
We received several comments from
private landowners expressing concern
that their land uses would be restricted
by the designation of critical habitat, or
that jobs would be lost if critical habitat
is designated on private lands. Some
landowners were under the false
impression that their access to Federal
funds would be restricted, or that they
would be unable to complete forest
health improvement projects on their
lands if critical habitat were designated
there. We reiterate that the regulatory
effect of critical habitat is the
requirement for Federal agencies to
consult with the Service on actions they
carry out, fund, or authorize that may
affect the designated critical habitat of
endangered or threatened species.
Activities can continue on private lands
with critical habitat in place; it is only
if Federal funding or permits are
required that the Federal agency
involved would need to consult with
the Service to insure that the proposed
action does not destroy or adversely
modify critical habitat. However, as a
consequence of the exclusion of all
private lands from this final designation
of critical habitat for the northern
spotted owl, concerns such as those
expressed above should be moot.
Comment (102): One commenter
expressed concern about the potential
impact of designating critical habitat on
private lands related to the California
Environmental Quality Act (CEQA)
regulations, and cited to the marbled
murrelet, California red-legged frog,
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California tiger salamander, and western
snowy plovers as examples of increased
regulatory impact resulting from critical
habitat designation.
Our Response: Our economic analysis
concluded that private lands in
California and subject to CEQA must
comply with the California Forest
Practice Rules already in place,
regardless of critical habitat. Further,
the economic analysis reports that
CALFIRE is unlikely to request
additional protective measures for
habitat beyond those already required
by these regulations. Subsequently, we
conclude the incremental costs of the
designation would be limited to the
potential for additional administrative
burden under CEQA (IEC 2012b, p. 5–
19).
The only other potential regulatory
impact to private landowners which we
would foresee from the designation of
northern spotted owl critical habitat
may occur when a proposed project has
a Federal nexus (e.g., Federal funding or
authorization) and the project may affect
designated critical habitat. However, as
all private lands have been excluded
from this final designation of critical
habitat, this should no longer be a
concern.
The Service is unaware that the
designation of critical habitat for the
marbled murrelet, California red-legged
frog, California tiger salamander, or the
western snowy plover has led to any
increase in regulatory impacts to private
landowners. While private landowners
may have experienced an increased
regulatory burden with the listing of
these species under the Endangered
Species Act, we are not aware of an
increased regulatory impact associated
with the designation of critical habitat
for these species.
Comment (103): One commenter
expressed concern that the regulatory
burden imposed by critical habitat
designation on private lands in
California will be exacerbated, because
the Service is no longer providing
technical assistance for California forest
landowners who wish to prepare Staterequired timber harvest plans.
Our Response: We believe the
commenter was mistaken in stating that
the Service is no longer available to
assist private landowners in the
preparation of timber harvest plans in
California, as the Service’s technical
assistance program is still operational
and available to assist private
landowners in this regard. The Service
does not review every timber harvest
plan, but is available for review when
requested after the initial review by
CALFIRE. In addition, since all private
lands have been excluded from this
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final designation of critical habitat, the
concern regarding potential
exacerbation of regulatory burden is no
longer relevant.
Comment (104): Numerous
commenters supported including
private lands, and urged the Service not
to exclude these areas in the final rule
for a variety of reasons, including the
conservation value of including all
lands identified as suitable habitat, the
need for connectivity, existing
management flexibility and a lack of
additional regulatory burden, the
opportunity to build cooperative
management agreements, and concerns
that exclusion is not supported by the
best available science and would signal
that these lands are not important to the
recovery of the species.
Our Response: The Act specifically
requires the Service to designate critical
habitat for listed species to the
maximum extent prudent and
determinable, and does not restrict such
designation to particular land
ownership. Rather, areas that meet the
definition of critical habitat, as
determined on the basis of the best
scientific data available, are proposed
for designation. However, section 4(b)(2)
of the Act further provides that the
Secretary, in designating critical habitat
and making revisions, shall take into
consideration the economic impact, the
impact on national security, and any
other relevant impact of specifying any
particular area as critical habitat. The
Secretary may then choose to exercise
his discretion to exclude any area from
critical habitat if he determines that the
benefit of exclusion outweighs the
benefits of specifying such areas as part
of the critical habitat, unless that
exclusion would result in the extinction
of the species.
Lands excluded under section 4(b)(2)
are still considered essential to the
conservation of the species. Such areas
were identified as critical habitat
because they either provide the essential
physical or biological features, if
occupied, or were otherwise determined
to be essential, if unoccupied. Exclusion
should never be interpreted as meaning
that such areas are unimportant to the
conservation of the species. Exclusion is
based upon a determination by the
Secretary that the benefit of excluding
these essential areas outweighs the
benefit of including them in critical
habitat.
In this case, the Secretary has chosen
to exercise his discretion to exclude
non-Federal lands from the final
designation of critical habitat if an
existing conservation agreement or
partnership is in place that provides
benefits that are greater than the benefits
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that would be provided by the
designation of critical habitat. Such
exclusions have only been made
following a careful weighing of both the
benefits of inclusion and the benefits of
exclusion. We wish to emphasize that
the exclusion of lands from the critical
habitat designation should not be
construed as a message that these lands
are not important or essential for the
conservation of the northern spotted
owl, nor should exclusion be
interpreted as some indication that
these lands are now somehow subject to
habitat degradation or destruction
because they are not included in critical
habitat. Lands excluded on the basis of
conservation agreements and the
recognition of conservation partnerships
are fully expected to continue to make
an important contribution to the
conservation and recovery of the owl
absent the designation of critical habitat.
Such lands are excluded only if we have
evidence that such expectations for
future contributions of the habitat on
these lands are well-founded, as
evidenced by a conservation easement,
habitat conservation plan, safe harbor
agreement, or other instrument, or by a
proven track record of conservation by
the partner in question. The details of
our considered analyses of each area
under consideration for exclusion are
provided in the Exclusions section of
this document (above).
Comment (105): Numerous
commenters requested that the final rule
include lands covered by conservation
agreements in the final rule for a variety
of reasons, including consistency with
existing policy, a need for connectivity,
the habitat value of these areas, a lack
of explicit population recovery
objectives, a need for increased
protections and legal safeguards,
concerns about the conservation
effectiveness and appropriate
implementation of these agreements,
and a need for additional analysis before
they are excluded.
Our Response: As described earlier,
the Service carefully evaluated each
conservation agreement or partnership
under consideration for exclusion on its
own merits, and weighed the benefits of
exclusion versus inclusion. As
described in our response to Comment
(104), above, we emphasize that the
exclusion of such lands does not signal
that they are not important to the
conservation or recovery of the northern
spotted owl, and indeed such
exclusions are made only on the basis
of our determination that the benefits of
exclusion outweigh those of inclusion,
and that such exclusion will not result
in the extinction of the species.
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Comment (106): Several commenters
requested that the final rule exclude
particular land areas in private
ownership (including but not limited to
Usal Redwood Forest Company,
Hawthorne Timber Company,
Mendocino Redwood Company,
Rayonier, Sierra Pacific, Pope
timberlands, Merrill & Ring’s lands,
Weyerhaeuser Mineral, SDS Lumber
Co., Olympic Resource Management,
Green Diamond, and Wauna Lake Club)
for a variety of reasons, including
economics, additional regulatory
burdens and uncertainty, a lack of
conservation benefits, mapping errors,
effects on existing and future
conservation easements and agreements,
State protections, ongoing voluntary
conservation activities, potential
disincentives for preserving habitat, and
possible negative impacts to existing
partnerships and relationships.
Our Response: No private lands are
included in the final designation of
critical habitat. Many of these lands
were excluded under section 4(b)(2) of
the Act; our detailed evaluation of these
exclusions is provided in the Exclusions
section of this document. In some cases,
lands were removed following a review
of habitat conditions on the specific
parcels identified using 2011 National
Agricultural Imagery Program (NAIP)
imagery, in response to public
comment. Upon review, we determined
that lands identified by Rayonier, Pope
Resources, Olympic Resource
Management, and Weyerhauser Mineral
did not meet the definition of critical
habitat. Therefore, these lands were
removed from the final designation.
Some landowners asked for exclusion
from the proposed critical habitat, but
were not actually included in the
proposed designation in the first place.
An example of such a case is Merrill
and Ring lands. In other cases,
commenters did not submit sufficient
location information for us to be certain
of the location of the parcel in question;
Wauna Lake Club, for example, fell into
this category.
In cases where mapping errors may
have been made in our proposed critical
habitat designation, such that lands that
do not meet the definition of critical
habitat for the northern spotted owl
were inadvertently included within the
proposed designation, the mapping in
the final rule was corrected, so that
those lands are removed from the final
designation. Sierra Pacific lands in
California, for example, were
inadvertently included in the proposed
designation due to a mapping error;
these lands were removed from the final
designation. We similarly made any
corrections to area total errors that were
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identified in comments on the proposed
rule, and thank landowners for bringing
these corrections to our attention.
All specific requests for exclusion and
records of our consideration of those
requests are in our record, and available
upon request (see FOR FURTHER
INFORMATION CONTACT).
Comment (107): More than 50 private
landowners in Washington State
requested individual exclusions for
their lands for a variety of reasons,
including economics, additional
regulatory burdens, a lack of
conservation benefits, fire risks,
mapping errors, existing conservation
agreements, and disincentives for
voluntary conservation measures and
for preserving habitat.
Our Response: Upon further review,
using the underlying aerial photo
imagery from the 2011 National
Agricultural Imagery Program (NAIP)
and Ruraltech’s 2007 forestland parcel
data, we determined that the vast
majority of Small Forest Landowner
parcels we examined had either highly
fragmented, little, or no northern
spotted owl habitat currently present.
Based on the combination of parcel size,
current habitat conditions, and spatial
distribution, we concluded that private
lands coded as Small Forest Landowner
parcels do not provide the PCEs for
northern spotted owls, nor are they
essential to the conservation of the
species; thus, these areas do not meet
the definition of critical habitat, and we
have removed them from the final
designation of critical habitat for
Washington State.
We removed from the final critical
habitat designation lands described in
17 comments after confirming that these
lands did not contain the PCEs, or that
they were too small, fragmented, or
isolated to contribute to spotted owl
conservation, and therefore did not meet
the definition of critical habitat. Lands
owned by 19 other commenters that
requested removal were not within
proposed critical habitat. The land of
one commenter was removed to correct
a mapping error in the proposed rule.
We excluded another commenter’s
lands due to their completion of a SHA.
Finally, 16 commenters did not provide
sufficient location information to enable
us to unambiguously identify their
parcels. Of these 16, we inferred that we
likely removed 6 from the final critical
habitat designation because the size of
the commenters’ parcels were very
small, making it likely that our process
of removing small forest landowners
from the final designation included the
properties of these commenters. For the
remaining 10 commenters, lack of
location and parcel size information in
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the comments we received made it
impossible for us to determine or infer
whether these parcels were included in
our final critical habitat designation.
However, as all private lands were
excluded from critical habitat under
section 4(b)(2) of the Act (see
Exclusions), no private lands remain in
the final designation.
Public Comments on Critical Habitat
Boundaries
Comment (108): One commenter
noted that the inclusion of the term
‘‘necessary’’ within the definition of
‘‘conserve’’ (16 U.S.C. 1532(2)) indicates
that Congress intended a ‘‘high
threshold’’ for designating land as
critical habitat, and that land designated
must be required to bring the species to
the point of no longer needing the
protection of the Endangered Species
Act. The commenter further asserts that
the Service must show that all specific
areas proposed as critical habitat are
necessary, essential, and required for
the continued existence of the species.
Our Response: The use of ‘‘necessary’’
in the definition of conservation does
not change the requirements related to
critical habitat. Furthermore, the Act
provides that the Service ‘‘to the
maximum extent prudent and
determinable * * * shall * * *
designate any habitat of [the species]
which is then considered to be critical
habitat.’’ 16 U.S.C. 1533(a)(3)(A); see
also Center for Biological Diversity v.
FWS, 450 F.3d 930, 935 (9th Cir. 2006)
(noting Congress’ use of the word
‘‘shall’’ and holding that ‘‘[i]t follows
that critical habitat designations are
mandatory’’). There are only two
exceptions to the mandate that critical
habitat be designated at the time of
listing. First, designation may be
temporarily delayed if critical habitat is
‘‘not determinable,’’ e.g., it cannot be
identified based on current scientific
information. 16 U.S.C. 1533(a)(3)(A); 50
CFR 424.12(a). Second, designation is
not required if it is ‘‘not prudent,’’ see
id., but Congress intended that finding
to be made ‘‘only rarely.’’ S. Rep. 106–
126, at 4 (1999); see also H.R. Rep. 95–
1625, at 16–17 (1978) (designation
required except in ‘‘rare
circumstances’’).
We agree that the rule should
designate either (1) specific areas within
the geographical area occupied by the
species at the time of listing that contain
physical or biological features essential
to the conservation of the species and
which may require special management
considerations or protection, or (2)
specific areas outside the geographical
area occupied at the time of listing that
are essential to the conservation of the
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species. We have identified the specific
areas that were occupied at the time of
listing through historical surveys. We
have determined that other areas were
occupied at the time of listing (based on
the presence of suitable habitat as well
as the high probability that
nonterritorial and dispersing subadult
owls were present). In addition, we
analyzed all areas as if they were not
occupied and applied the standard
applicable to unoccupied habitat. We
used the methodology described in both
the proposed and final rules to
determine which unoccupied areas are
essential to the conservation of the
species, and have explained why
unoccupied habitat in each subunit is
essential to the conservation of the
species.
For occupied areas, the attributes of
forest composition and structure, and
characteristics of the physical
environment associated with nesting,
roosting, and foraging habitat—physical
or biological features used by the
species—were identified based on
published research results and expert
opinion and incorporated into a
predictive habitat model. We
determined that, for the most part, the
physical or biological features
supporting these known sites are
essential to the conservation of the
species (the exceptions are owl sites that
were isolated or in areas of marginal
quality). The special management
considerations are described by
geographic region and in the subunit
descriptions. However, large areas
within the species’ geographical range
had not been surveyed at the time of
listing, and we have determined that a
designation based solely on the
locations of those known territories
would not be adequate to conserve the
species. Therefore, we used habitat
information based on habitat selected by
those known owl pairs to identify other
areas that were likely supporting
northern spotted owl territories at the
time of listing or that could support the
species’ recovery in the future. We then
determined where these areas are
essential to conservation of the species
based on a spatially explicit northern
spotted owl population model as
described in the proposed rule, and
again in this final rule.
Comment (109): One commenter
stated that one or more of the PCEs are
too general in nature and should be
more narrowly clarified or defined. In
particular, the comment suggested that
PCE #1 and #4 seem to be met by all
forested lands.
Our Response: PCE 1 (Forest types
that may be in early-, mid-, or late-seral
stages and that support the northern
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spotted owl across its geographical
range) identifies the specific forest types
that support northern spotted owl lifehistory needs across the species’ range,
but is more narrowly refined in that it
must exist in concert with one of the
other PCEs to meet the definition of
critical habitat. PCE 4 (habitat to
support the transience and colonization
phases of dispersal) is described in the
preamble of the proposed rule as those
forests with at least an average diameter
at breast height (DBH) of 11 inches (28
centimeters) and at least a 40 percent
canopy cover. We have included these
metrics in the regulatory portion of the
final rule to more narrowly clarify the
forest structure that meets this PCE. In
addition, it is only where these PCEs in
the appropriate arrangement and
quantity are essential to the
conservation of the northern spotted
owl that they are selected for
designation as critical habitat.
Comment (110): Several commenters
believe that additional lands beyond
those already designated as northern
spotted owl critical habitat are not
necessary for northern spotted owl
recovery, and the increase in total area
is not supported by the science. The
commenters suggest that including them
will reduce or eliminate timber harvest
on designated lands.
Our Response: The continued decline
of the overall northern spotted owl
population demonstrates that the threats
to the species are still having a
significant impact on northern spotted
owl occupancy, reproduction, and
survival. As described in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011), the main threats to
northern spotted owls are the past and
continued loss of habitat and the
competitive effects of barred owls. The
increase in designated critical habitat
area to help offset these threats is
supported by northern spotted owl
experts, researchers, and scientific peer
reviewers. The results of our modeling
efforts presented in Appendix C of the
2011 Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011,
Appendix C) and in the Modeling
Supplement for this rule (Dunk et al.
2012b) show that the 2008 critical
habitat network performed worse
(greater population declines over time,
higher extinction risk) than the 2012
Revised Critical Habitat this revised
designation.
The Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011)
recommends active management of
some forest lands using ecological
forestry approaches in appropriate
stands such that we believe there are
widespread opportunities for continued
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timber harvest management within the
range of the northern spotted owl.
Comment (111): One commenter
noted that the Endangered Species Act
requires that designated critical habitat
only include those areas ‘‘occupied at
the time of listing,’’ and that any
additional areas defined by the
Secretary must be essential to
conserving the species. The commenter
argued that the standards for
designating critical habitat for occupied
and unoccupied habitat differ, and that
Congress did not intend the phrase
‘‘conserve’’ to include extending the
range of a species. The commenter also
asserted that stating that substantially
all of the occupied and unoccupied area
is necessary does not comply with the
statutory requirements.
Our Response: Congress specifically
provided for designating unoccupied
areas where doing so is essential to the
conservation of the species. Congress
expressly recognized that
‘‘conservation’’ could require
designation of areas unoccupied at the
time of listing. In this rule, we are
designating unoccupied habitat in
places where it is essential to the
species’ recovery; however, we are not
designating critical habitat outside the
historical range of the species. We are
also not designating critical habitat
everywhere within the present range of
the northern spotted owl.
The proposed rule did not say that
‘‘substantially all of the occupied and
unoccupied area is necessary.’’ The
proposed rule explained how much of
each subunit was occupied based on
historical survey data, and why the
areas of potentially unoccupied habitat
in each subunit are essential to the
conservation of the species. In addition,
the methodology used to determine
what is essential was explained in the
proposed rule and this final rule.
Comment (112): Several commenters
suggested that there was insufficient
evidence to determine whether lands
proposed as critical habitat were
occupied at the time of listing, and
questioned the data used for assessing
northern spotted owl populations, both
at the time of listing and at the present
time.
Our Response: Occupancy by
individuals of wide-ranging species can
be difficult to definitively demonstrate
or verify, particularly when different
areas are utilized by individuals at
different times in their life stages, and
when the species responds to survey
techniques in a variety of ways.
Effectively detecting territorial northern
spotted owls in a home range is a wellestablished technique, but locating
nonterritorial or transient northern
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spotted owls is more difficult, even
though they occupy many areas between
established home ranges of territorial
owls. The Service determined that most
of the areas within critical habitat that
have the PCEs were occupied at the time
of listing by the species. However, as
stated in the rule, we have determined
all areas within critical habitat to be
essential for the conservation of the
species. Areas essential to the
conservation of the species are not
required to be occupied at the time of
listing to be included in critical habitat.
For the purpose of developing and
evaluating revised critical habitat for the
northern spotted owl, we used a
definition of ‘‘geographical area
occupied by the species’’ at the time it
was listed consistent with the species’
distribution, population ecology, and
use of space. We based our
identification of ‘‘occupied’’
geographical area on: (1) The
distribution of verified northern spotted
owl locations and (2) scientific
information regarding northern spotted
owl population structure and habitat
associations. While there were
approximately 1,500 northern spotted
owl pairs identified at the time of listing
(1990), subsequent surveys across a
larger percentage of the landscape in the
mid and late 1990s detected more than
4,000 pairs. Because adult northern
spotted owls are long-lived and have
high site fidelity, it is reasonable to
assume that these sites identified as
occupied several years post-listing were
also occupied by owls at the time of
listing.
In addition, we are not stating that all
critical habitat was occupied at the time
of listing, but as clearly identified in the
proposed rule and this final rule under
the section Unoccupied Areas (77 FR
14062, p. 14099), we acknowledge the
uncertainty regarding whether some
areas were occupied at the time of
listing or not (especially those areas
used for dispersal or which were likely
occupied based on habitat suitability).
Therefore, we have evaluated these
areas as if they were unoccupied at the
time of listing and have found them to
be essential to the conservation of the
species.
Comment (113): One commenter
questioned how some ‘‘occupied’’
habitat areas can be considered
nonessential while other ‘‘nonoccupied’’ habitat was considered
essential for the conservation of the
species.
Our Response: To conserve the
northern spotted owl it is essential to
have larger, connected areas that are
managed for the development of their
habitat even though some of those areas
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may not currently be occupied by the
species. As habitat develops over time,
both within occupied and unoccupied
areas, we anticipate northern spotted
owls will colonize the unoccupied
habitat and positively contribute to
population demographics which
contribute to conservation of the
species. The closer these currently
unoccupied areas are to the improved
sites over time the more likely
dispersing northern spotted owls will be
able to successfully colonize them. By
evaluating northern spotted owl
population metrics, such as relative
population size, population trend, and
extinction risk that resulted from each
scenario evaluated, we designated only
those lands that contain the physical
and biological features essential to
conserve the northern spotted owl, or
that are essential themselves. This
network has the potential to support an
increasing or stable population trend of
northern spotted owls that exhibits
relatively low extinction risk, both
rangewide and at the recovery unit
scale, and achieves adequate
connectivity among recovery units. It
does not include every known northern
spotted owl site. Occupied northern
spotted owl sites that are not included
are isolated or in small groups with
other sites and will provide relatively
less demographic contribution to the
population than those sites that are in
larger, contiguous groups. Therefore, we
determined that they did not contain the
physical and biological features
essential to northern spotted owl
conservation.
Comment (114): Numerous
commenters requested we maximize the
total area included in the designation by
including the most area in any of the
composites or by including all northern
spotted owl habitat across all
ownerships.
Our Response: We have designated
critical habitat based on the
identification of those areas meeting the
definition of critical habitat or that are
otherwise essential to the conservation
of the northern spotted owl. Toward this
end, maximizing land area is not the key
factor. Our goal was to designate critical
habitat that is essential for northern
spotted owl recovery but achieves the
desired results on as small an area as
possible (i.e., it is efficient). This
reduces any potential regulatory
burdens and land management conflicts,
which will increase the likelihood of
success at meeting our goals. In
addition, designating areas beyond that
necessary to achieve the conservation of
the species would indicate that we had
included areas beyond what is truly
essential to the conservation of the
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species, and exceeded the intent of the
statute.
Comment (115): Several commenters
suggested revisions to the boundaries of
the proposed critical habitat, including
several proposed additions (e.g., lands
near Cascade-Siskiyou National
Monument, Coquille tribal land, Coos
Bay Wagon Road lands, the Olympics/
Western Cascade area, etc.) for several
reasons, including the conservation
value of the habitat, increased
connectivity benefits for dispersal and
gene flow, the need for additional
protections to avoid habitat degradation,
and consistency with the best available
science and existing policy.
Our Response: When determining
what is essential to the conservation of
the northern spotted owl, we prioritized
Federal, then State, and finally private
or Tribal lands. Where Federal and State
lands were sufficient to provide for the
essential conservation needs of the
northern spotted owl as demonstrated
through our population modeling in
HexSim, no additional lands were
added. In addition, in accordance with
the provisions of the Act, not all habitat
that could be occupied by northern
spotted owls was included in the
designation. Only areas that meet the
definition of critical habitat for the
species were designated.
In Washington, we added suggested
areas to critical habitat only where
updated information about land
ownership indicated a change in
ownership from private ownership to
Federal ownership. This was based on
our prioritization of landownerships in
the designation, as described above,
wherein we looked to Federal lands first
for critical habitat, and included State
and finally private or Tribal lands only
where necessary to achieve the
conservation of the species. These areas
had not initially been included in the
proposal because the ownership
information we used had indicated
these lands were privately owned, and
therefore they were not prioritized for
inclusion. These additions occurred in
the central Cascade Range of
Washington where many sections of
industrial timberlands in checkerboard
ownership with Federal lands had
recently been transferred to Federal
ownership. This area of the central
Cascades surrounding Snoqualmie Pass
has repeatedly been identified as
essential to maintaining demographic
linkages among spotted owl populations
from northern to southern Washington,
and from the west slope to the east slope
of the Washington Cascades.
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Public Comments Regarding the
Northwest Forest Plan (NWFP)
Comment (116): Several commenters
stated that the rule needs to be more
explicit about how it relates to the
NWFP, and that the NWFP should
direct the management of the critical
habitat lands.
Our Response: We have clarified the
relationship between the critical habitat
rule and the NWFP under the ‘‘Forest
Management Activities in Northern
Spotted Owl Critical Habitat’’ heading.
The designation of critical habitat for
the northern spotted owl identifies the
areas essential for the conservation of
the species; it does not supersede the
Standards and Guidelines for lands in
the NWFP. The Service believes the
NWFP has functioned as intended for
the retention and development of latesuccessional forest habitat (Thomas et
al. 2006; Davis 2012). The NWFP was
developed with the expectation that
emerging scientific data would be
incorporated into the management of
Federal forest lands. The discussions of
active forest management in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011) and this preamble
are based on numerous recent scientific
study results. We wish to be clear,
however, that the inclusion or exclusion
of NWFP reserves in the designation of
critical habitat changes neither the land
allocation nor the Standards and
Guidelines for those lands under the
NWFP. Nevertheless, we believe that
our discussion of active forest
management is consistent with the
objectives of the NWFP.
Comment (117): One commenter
suggested that lands currently managed
under the NWFP do not require
additional management considerations
or protections from designated critical
habitat.
Our Response: The Service is not
relieved of its statutory obligation to
designate critical habitat based on the
contention that it will not provide
additional conservation benefit. We do
not agree with the argument that
specific areas and essential features
within critical habitat do not require
special management considerations or
protection because adequate protections
are already in place. In Ctr. for
Biological Diversity v. Norton, 240 F.
Supp. 2d 1090 (D. Ariz. 2003), the court
held that the Act does not direct us to
designate critical habitat only in those
areas where ‘‘additional’’ special
management considerations or
protection is needed. If any area
provides the physical or biological
features essential to the conservation of
the species, even if that area is already
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well managed or protected, that area
still qualifies as critical habitat under
the statutory definition if special
management is needed.
Comment (118): Numerous
commenters asserted the proposed
critical habitat rule would result in the
weakening of the NWFP, including the
dismantling or eradication of the latesuccessional (and riparian) reserves, and
that we should use a variety of
approaches explicitly elucidated in the
final rule to maintain the LSR network.
Our Response: In designating critical
habitat the Service is required to use the
best available science to identify
specific areas that provide the PCEs or
are otherwise essential to the
conservation of the species. Our
modeling effort and other data
identified some nonreserved areas that
are high value for the northern spotted
owl and essential to the conservation of
the species. Additionally, there are
portions of reserved allocations that are
of relatively low value to the northern
spotted owl. As a result of incorporating
the best available science, our modeling
process demonstrated that the critical
habitat network identified here is more
effective at conserving the northern
spotted owl than the NWFP network of
reserves. This is not unexpected, as the
LSR network was never intended solely
for the benefit of northern spotted owls,
but was created to provide for many
late-successional species. However, the
designation of critical habitat does not
change the existing NWFP land use
allocations or Standards and Guidelines.
The inclusion or exclusion of NWFP
reserves as critical habitat changes
neither the land allocation nor the
Standards and Guidelines for those
lands. The Service encourages
continued implementation of the NWFP
and adherence to the Standards and
Guidelines for reserve management.
Comment (119): Several commenters
noted the critical habitat rule should
adopt the Standards and Guidelines of
the NWFP in an effort to protect
northern spotted owl habitat, including
all late-successional and old-growth
forests.
Our Response: In designating critical
habitat we are required to identify those
lands essential to the conservation of
the species through application of the
best available science. Our
incorporation of state-of-the-art
modeling programs, techniques, and
data identified those areas, many of
which contained late-successional or
old-growth forest. However, the purpose
of this rule is to designate critical
habitat, not to adopt specific standards
for its management. The Revised
Recovery Plan for the Northern Spotted
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Owl (USFWS 2011) recommends the
retention of structurally complex forests
where they currently exist (Recovery
Action 32). We did not find, however,
that retaining all northern spotted owl
habitat is essential for the conservation
of the species, so not all habitat was
included.
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Public Comments on Competition From
Barred Owls
Comment (120): Several commenters
recommended that the Service should
objectively determine whether the
barred owl threat has so overwhelmed
the northern spotted owl as to make
additions to critical habitat unnecessary,
and noted that dealing with the barred
owl and habitat threats separately could
be detrimental to northern spotted owl
recovery.
Our Response: The scientific
information available at this time is not
adequate to statistically assess the effect
of barred owls on any specific
conservation strategy or agency action,
though these strategies include efforts to
address barred owls. The extent to
which northern spotted owls remain
(sometimes undetected) on areas with
high barred owl densities is unclear.
However, the threat posed by barred
owls does not relieve the Service of its
statutory obligation to designate critical
habitat for the northern spotted owl
under section 4(a)(3)(A) of the Act.
Furthermore, suitable habitat is
essential for northern spotted owls to
persist, with or without barred owls.
Our modeling approach for designating
critical habitat included barred owl
effects on spotted owl population
performance. Recent research (Wiens
2012) indicates that population
performance of both northern spotted
owls and barred owls is greatest when
high-quality habitat is most abundant,
and most peer reviewers supported the
approach of conserving more habitat to
help offset the impact of the barred owl
on the northern spotted owl.
Public Comments on the Modeling
Process
Comment (121): One commenter was
critical that the process for combining
different models in different modeling
regions was unclear, and was also
critical that a nonrandom sampling of
nesting centers and the approach used
to create a contiguous underlying RHS
(Relative Habitat Suitability) map using
MaxEnt modeling software.
Our Response: Although the RHS
values within one modeling region may
not be directly comparable to another’s,
the similarity of each modeling region’s
strength of selection curves (see
Appendix C of the Revised Recovery
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Plan for the Northern Spotted Owl
(USFWS 2011)), suggested that the
interpretation of RHS values was similar
between/among regions. Furthermore,
Zonation was run within modeling
regions (see Appendix C of the Revised
Recovery Plan) to ensure that potential
critical habitat units and subunits were
well distributed throughout the
northern spotted owl’s range. We are
aware of only one effort to date that has
utilized random sampling of a relatively
large region within the range of the
northern spotted owl (Zabel et al. 2003).
The demographic study areas were not
randomly located, nor were the northern
spotted owl location data we used.
Thus, the chance exists that it is biased
in some way. Nonetheless, given the
relatively large sample sizes, and the
geographic and habitat variation that
exists around northern spotted owl sites
in the samples we used, we contend that
this is the best data available to use. The
Service acknowledges that there is
uncertainty in this process, and that this
is unavoidable. There exists no perfect
rangewide habitat map, no perfect
(large) random sample of owl locations,
no randomly allocated demographic
study areas from which to draw strong
range-wide inferences about population
trends, nor a perfect understanding of
the northern spotted owl’s life history.
That said, we have used the best data
available, thoroughly documented our
approach and presented our evaluation
of the usefulness of the models we used,
and we find they provide a strong
foundation using the best available
science for informing decisions about
critical habitat.
Comment (122): One commenter
indicated a need to clarify the basis for
the thinning of northern spotted owl
location data used in modeling.
Our Response: The basis of the
thinning is articulated on pages C–20
and C–21 of Appendix C of the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011).
Comment (123): One commenter
indicated that the assumptions for this
modeling process were not completely
spelled out nor were their validities
addressed. For example, the modeling of
habitat suitability assumes that core use
areas and home ranges of northern
spotted owls are relatively constant in
size throughout their geographic range,
but this assumption is not well
supported by the proposed critical
habitat, Appendix C of the 2011
recovery plan, or the published
literature. Core use areas and home
ranges increase in size for northern
spotted owls in the northern part of
their range versus those in the southern
part (Thomas et al. 1990). Second, the
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modeling process for evaluating habitat
suitability under MaxEnt assumes that
some moderate amount of edge and
degree of forest fragmentation is good
for demography and fitness of northern
spotted owls throughout their
geographic range based on Franklin et
al. (2000), yet this relationship has been
shown mainly for northern California
and one area in Oregon (Olson et al.
2005), not the remainder of the
subspecies’ range in Oregon and
Washington. For example, Dugger et al.
(2005) found no relationship between
the amount of edge and demographic
performance of northern spotted owls in
southern Oregon; consequently, the
validity of this assumption for the entire
range of the subspecies is questionable.
Our Response: We did use one spatial
scale throughout the northern spotted
owl’s range for our MaxEnt modeling.
We also assumed that territories, in our
northern spotted owl HexSim model,
were of uniform size (3 hexagons)
throughout the northern spotted owl’s
range. We did not, however, assume
home ranges were of equal size
throughout the range (see table C–24 in
Appendix C of the Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011)). We also did not assume
that edge or forest fragmentation was
good for northern spotted owl
demographic performance in our
MaxEnt models. We did, however, allow
for edge metrics to be included in the
models where they had clear effects on
the MaxEnt models; however, we did
not force them in to the models in
modeling regions where they had no
effect. It is important to note that, unlike
studies that have attempted to evaluate
competing mechanistic hypotheses
regarding northern spotted owl habitat/
climate-demographic relationships (e.g.,
Franklin et al. 2000, Dugger et al. 2005),
in our MaxEnt modeling process, we did
not attempt to evaluate competing
hypotheses. Instead, we attempted to
develop MaxEnt models that had good
discrimination ability, were well
calibrated, and were robust (see our
response to Comment (20); additional
discussion is provided on pages C–30 to
C–32 of the Revised Recovery Plan,
USFWS 2011).
Comment (124): One commenter
requested more justification for the
choice of features in MaxEnt modeling.
For example, the threshold feature was
used, but the product feature was
excluded. They predicted that product
features in particular might be relevant
to biological hypotheses (e.g., when
nesting habitat is low, increases in
foraging habitat don’t increase
occupancy, but when nesting habitat is
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greater, foraging habitat has a greater
impact on occupancy).
Our Response: We could have
allowed all MaxEnt feature types to be
used in our process. The product
(interaction) feature would have
resulted in even more complex models.
However, we were able to develop
models without additional complexity
(e.g. interaction terms) that worked well
for the purposes for which they were
developed. Results from model crossvalidation and comparisons with
independent data sets (USFWS 2011,
Appendix C, Table 19, pp. C–39 to C–
41) showed that our models were well
calibrated and had good ability to
predict spotted owl locations (USFWS
2011, Appendix C, Table 20).
Comment (125): Several commenters
requested more detail regarding how the
different Zonation scenarios from Phase
1 in Appendix C of the Revised
Recovery Plan were selected for
inclusion in proposed critical habitat. In
particular, the reviewers believed that
Zonation 70 and 90 scenarios would
have provided better modeled northern
spotted owl population performance.
Our Response: We assume that the
question is about why the 30, 50, and
70 percent of habitat value were chosen
for the initial Zonation networks. They
were chosen to provide relatively broad
side-boards, particularly in regard to
network size. To have started with even
more extreme side-boards (e.g., Z10 and
Z90) would have been excessive
because these configurations would
have included either a very large
amount of land that doesn’t have
features that would support owls (Z90)
or an area so small (Z10) that viable owl
populations could not be sustained. It is
true that a Z90 scenario would have
provided much more area of potential
critical habitat, but the amounts of high
RHS (> 0.5) in Z70 are nearly identical
to those in Z90. In fact, Z50ALL
contained 92%, 98%, 99%, and 100% of
RHS bins 0.6–0.7, 0.7–0.8, 0.8–0.9, and
> 0.9, respectively. Z90ALL contained
100% of the RHS from each bin, but
encompassed a much larger area (i.e.,
for very little added inclusion of high
RHS areas, Z90 included millions of
additional acres). In effect, moving from
Z70 to Z90 adds a lot more area;
however, the additional lands added do
not contribute much to spotted owl
population performance.
Zonation 70 was considered, and
subsequently modified in various
composite networks we evaluated. We
found that simply increasing the area of
potential critical habitat networks did
not always result in better performance
of simulated owl populations in HexSim
(e.g., Composite 7 was 13.9 million ac
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(5.625 million ha) and had an ending
population that did not differ (95
percent confidence intervals
overlapped) from composites with from
18.2 to more than 20 million ac (7.4 to
more than 8.1 million ha)). In some
modeling regions, our modeling results
suggest that owl populations are likely
to remain relatively low; in part due to
the relatively small amount of mid-tohigh RHS area in them. The population
results for Zonation 40, 60, 80 and 90
are provided in our Modeling
Supplement (Dunk et al. 2012b).
Comment (126): One commenter
indicated there were key assumptions
used in the modeling process that
should be more clearly documented.
The reviewer indicated that the
proposed critical habitat document
refers the reader to the Dunk et al.
(2012a) Modeling Supplement for a
discussion of these assumptions but
they were unable to locate them in this
document. Not only should the
assumptions of the modeling be
included in the proposed critical
habitat, but the validity of the
assumptions should also be addressed.
Our Response: The key assumptions
used in our modeling process are
provided in Appendix C of the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011), and referenced in
our proposed rule. Appendix C also
provides a thorough discussion of our
process of testing and cross-validating
our models. We have also clarified this
in the final version of our Modeling
Supplement (Dunk et al. 2012b).
Comment (127): One commenter
noted that the modeling of population
response and viability under HexSim
assumed that recruits into the
population become co-owners of their
mother’s territories, yet most owls are
recruited into the population in
different areas after extensive dispersal
over several months and sometimes
years. They asked to what extent are
these assumptions valid, and how
would lack of validity potentially affect
the results of the modeling process?
Our Response: In the northern spotted
owl HexSim model we assumed that
juvenile birds, prior to dispersal, coowned their mother’s territory.
However, juveniles were forced to
disperse in the model. The recruits are
only co-owners until they fledge, and
fledging always takes place in the first
year of life. Further, in the modeling
two post-fledging females did not share
a territory.
Comment (128): One commenter
noted that composite 3 performed
poorer than composite 1 based on
population performance, yet composite
4 was based on the network in
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composite 3 and composite 5 was based,
in part, on that in composite 4. This
sequence of models based on the poor
performance of composite 3 does not
make sense from an ecological or
conservation stand point. It is obvious
that composites 1–7 do not represent the
complete range of habitat networks that
might provide for sustainable
populations of northern spotted owls in
most of the modeling regions. They
contend that there should have been
more attention paid to increasing habitat
for northern spotted owls and providing
for sustainable populations in all
modeling regions instead of increasing
efficiency. They understood the need to
make any habitat network efficient but
believed that this was a case where
efficiency has trumped conservation of
habitat for the northern spotted owl and
other species associated with old forest
ecosystems.
Our Response: Relatively poorer
performance (as noted by the reviewer)
is not equivalent to ‘‘poor performance.’’
In fact, the 95 percent confidence
intervals of the mean estimated
population sizes at time-step 350
overlapped for composites 1, 3, 4
(highest point estimate), 5, 6, and 7
indicating that the differences may not
be statistically significant. Furthermore,
although Composite 3 did perform
worse than Composite 1 in terms of
exceeding pseudo-extinction thresholds,
Composite 7’s performance was nearly
identical to Composite 1’s. Thus, we
disagree with the assertion that our
sequence was based on poorly
performing composites. There are an
infinite number of possible potential
critical habitat networks that could have
been evaluated. Efficiency, as used by
the Service in this effort, did entail
reducing the size of potential critical
habitat networks, because our charge
under the statutory definition of critical
habitat is to designate only those lands
occupied at the time of listing that
contain essential physical and biological
features or unoccupied lands that are
essential.
Comment (129): One commenter
indicated that the process for comparing
GNN (vegetation) data with owl nest
sites and foraging areas is unclear. The
reviewer asked whether GNN data
indicated that nest site centers were
characterized by large, old trees with
closed canopy forests and stated that
this process needs better explanation.
Our Response: The process for
developing models of nesting and
foraging habitat is described in detail on
pages C–14 through C–43 in Appendix
C of the 2011 Revised Recovery Plan for
the Northern Spotted Owl. Nesting and
roosting habitat was characterized by
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large, old trees with closed canopies;
however, the specific vegetation
characteristics included in the models
varied by region. Our confidence that
the GNN layer was sufficiently accurate
to support our modeling process was
based on several formal and informal
evaluations. First, we evaluated
northern spotted owl habitat modeling
conducted by the Northwest Forest Plan
Interagency Monitoring Program (Davis
et al. 2011), which was also based on
the GNN data. This effort used GNN and
MaxEnt to predict northern spotted owl
nesting habitat, obtaining models quite
similar to the NR models in our
modeling effort. We also obtained less
formal, but very useful, feedback from a
number of USFS scientists who had
made comparisons between GNN output
and their own field-typed northern
spotted owl nesting habitat with good
results. Finally, as described in
Appendix C of the Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011), we evaluated the
reliability of the MaxEnt models’
predictions (RHS) and found that the
models had good ability to predict
northern spotted owl locations.
Systematic inaccuracy of the GNN data
would be unlikely to result in the
accurate predictions we obtained in our
modeling. In addition, please see our
responses to Comment (19) through
Comment (22) for details on our testing,
cross-validation, and use of GNN and
MaxEnt.
Comment (130): One commenter
stated that more information on the
‘‘independent test data sets’’ used for
model cross-validation is necessary
before they are acceptable as an
adequate test. In particular, if these data
sets suffer from the same non-random
sampling as the training data, then they
will not aid in determining whether the
RHS and AUC values are biased by the
nature of the sampling or not.
Our Response: As described in
Appendix C of the Revised Recovery
Plan (USFWS 2011, p. C–20), we
expended substantial effort on the
verification of both the spatial accuracy
and territory status of each site center
used in our data set. We received high
quality data from northern spotted owl
demographic study areas (DSAs), and
obtained a large set of additional
locations from the NWFP Effectiveness
Monitoring Program. We also obtained
and verified data sets from private
timber companies, the USFS Region 5
NRIS database, and a number of
research and monitoring projects
throughout the range of the northern
spotted owl. We are aware of only one
effort to date that has utilized random
sampling of a relatively large region
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within the range of the northern spotted
owl (Zabel et al. 2003). Because of the
spatial extent of the range of the
northern spotted owl (more than 23
million acres), we do not have the
luxury of having equal survey effort
throughout the region. The demographic
study areas are not randomly located,
nor are the northern spotted owl
location data we used. Nonetheless,
given the relatively large sample sizes,
and the geographic and habitat variation
that exists around northern spotted owl
sites in the samples we used, we
consider this information to represent
the best available scientific data for our
purposes, and are not aware of any
alternative data sets.
Comment (131): One commenter
expressed concern that the encounter
rates of northern spotted owls with
barred owls found in Forsman et al.
(2011) were reduced downward to a
maximum rate of 0.375 even though
there is strong evidence in Forsman et
al. (2011) that the rate is higher in some
modeling regions, and Wiens et al.
(2011) has shown that abundance of
barred owls (and encounter rates) is
much higher in the Coast Ranges of
Oregon than initially thought or is
documented in Forsman et al. (2011).
The lower encounter rates of northern
spotted owls with barred owls that were
used in Phases 2 and 3 of the modeling
represent more optimistic performances
of northern spotted owls to habitat
conditions than is likely to occur in
reality. The reviewer contends that it
would have been more appropriate to
use Zonation 70 or even 90 to a greater
extent in some modeling regions, than
to arbitrarily reduce the barred owl
encounter rate to a maximum of 0.375
in order to provide for sustainable
populations in all modeling regions.
Our Response: The modeling we
conducted suggested that the larger the
barred owl encounter probability was,
there was less variation in northern
spotted owl population performance
among potential critical habitat
networks (even when network size
varied by more than a factor of 2);
effectively all populations did
uniformly poorly. However, when
barred owl encounter probabilities were
lower (e.g., 0.25), considerable variation
in northern spotted owl performance
among potential critical habitat
networks resulted. Thus, under
extremely high barred owl encounter
probabilities, our modeling suggested
that even large amounts of area in
potential critical habitat networks did
not compensate for those barred owl
impacts. Thus, in order to identify
potential critical habitat areas for the
northern spotted owl, we made
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assumptions about barred owl
encounter probabilities in each of the 11
modeling regions. The assumed changes
in encounter probabilities we used in
Phases 2 and 3 of our modeling were,
in most cases, relatively modest changes
from the currently estimated encounter
probabilities. In fact, for Phase 2 and 3
modeling, we decreased barred owl
encounter probabilities in only 3 of 11
modeling regions, and increased
encounter probabilities in 8 of 11
modeling regions. Mean absolute value
of change (from currently estimated to
what we assumed in Phases 2 and 3)
among modeling regions was 0.081
(range = 0.005 (in the KLE) to 0.335 (in
the OCR)). For additional detail, please
see our response to Comment (38).
Comment (132): One commenter
suggested that we use an occupancy
analysis on the long-term demographic
study areas rather than modeling habitat
with MaxEnt to better address barred
owl effects.
Our Response: Barred owl impacts
were included in HexSim. In our
response to comments made on
Appendix C in the Draft Revised
Recovery Plan for the Northern Spotted
Owl (75 FR 56131; September 15, 2010),
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011)
addressed the choice we made to use
MaxEnt and the full data set of owl site
center locations that was available to us,
rather than rely solely on data from the
Demographic Study Areas.
Comment (133): One commenter
contended that a separate analysis of
BLM checker-boarded lands in western
Oregon is needed in order to understand
the performance of northern spotted owl
populations under the different habitat
networks and composites on those
lands.
Our Response: The number of
possible owner/district/region-centric
analyses that we could have evaluated
was nearly infinite. The BLM’s
ownership was considered in the same
way that other ownerships were. In
developing the critical habitat
designation, we prioritized public lands
over private lands.
Comment (134): One commenter
noted that for most of the study areas,
the estimates from HexSim compared
favorably to the empirical estimates
from the field studies except for the
South Cascades (CAS) and Klamath
(KLA) Study Areas. In one case (CAS),
the estimate from HexSim was much
larger than that from the field studies,
and in the other case (KLA) the estimate
from HexSim was significantly smaller
than from the field studies. These
differences and inconsistencies raise
some concerns for the validity of the
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modeling results from HexSim. The
commenter asked for some explanation
for these differences and
inconsistencies, and whether the input
parameters for HexSim need to be
revised.
Our Response: We are aware of these
differences, as noted in Appendix C of
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011).
We evaluated multiple changes to the
northern spotted owl HexSim model’s
settings, but those changes did not
result in overall better agreement
between HexSim population estimates
and empirical estimates from
demographic study areas (DSAs). To
some extent, this issue is the result of
the spatial scale at which we ran the
northern spotted owl HexSim model.
The overall results, in our view, were
quite good—but not in every specific
case. Although there were discrepancies
at these local areas, we believe that the
scale at which we evaluated information
for potential critical habitat networks
(modeling regions and the entire
geographic range of the northern spotted
owl in the United States, which is at
least an order of magnitude larger than
a demographic study area) was
appropriate. We provide additional
justification in the following
paragraphs.
The KLA DSA is quite small, and is
distributed across the Klamath East and
Klamath West modeling regions. The
CAS DSA is large, and is distributed
across the Klamath East and East
Cascades South modeling regions. There
were no simulated northern spotted owl
life-history parameters that varied based
on demographic study area location.
Some demographic data (resource target
and home range size) did, however, vary
by modeling region.
HexSim simulation data show that the
East Cascades South modeling region
exchanged owls principally with the
Klamath East and West Cascades South
modeling regions. The Klamath East
modeling region exchanged owls
principally with the East Cascades
South and Klamath West modeling
regions, with relatively small numbers
of immigrants coming from the West
Cascades South region. The Klamath
West modeling region exchanged owls
principally with the Klamath East
modeling region, with the next highest
number of emigrants and immigrants
being associated with the Oregon Coast
and Redwood Coast regions,
respectively.
The simulated CAS DSA population
size is roughly 45 owls too large,
whereas the KLA DSA population size
is about 55 owls too small. These two
DSAs are spread across three modeling
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regions, with both DSAs residing partly
in the Klamath East region. Because the
Klamath East modeling region exhibits
high rates of simulated immigration and
emigration with the other two modeling
regions in question (see previous
paragraph), the discrepancy in
simulated DSA population sizes is not
a big concern. The sum of the simulated
CAS and KLA DSA population sizes is
almost exactly equal to the combined
field estimates for those two regions.
This suggests that HexSim’s simulated
northern spotted owl population size
and distribution is quite accurate at the
scale of the DSA for most DSAs, and for
these two DSAs in particular, it is
similarly accurate, just at a slightly
larger spatial scale.
Comment (135): One commenter
asked what publication or data set were
used for establishing the barred owl
influence on northern spotted owl
reproduction in the HexSim model.
Our Response: In the northern spotted
owl HexSim model we used, barred
owls did not have any influence on
northern spotted owl reproduction, but
did on adult survival. This has been
clarified.
Comment (136): Several commenters
requested that the Service integrate
industry data into the modeling process
and that attention be given to the
assumptions and limitations of the
models and whether or not the
assumptions and model outputs have
been validated.
Our Response: The modeling process
incorporated data sets, expert opinion,
and published information from the
timber industry. We carefully evaluated
the appropriateness of our models, data
sets, and assumptions and tested the
outputs and products of the modeling
effort; we therefore are confident that
our process was rigorous and met our
objectives. Please see Appendix C of the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011) for a
discussion of the rigorous testing and
cross-validation we conducted on our
models, as well as our responses to
Comment (19) through Comment (22).
Comment (137): One commenter
raised concerns about leaving out high
RHS value habitat on State and private
lands in Washington, and provided
recommendations of specific areas to
include in critical habitat designation.
Our Response: The modeling process
that the Service developed to help
identify potential critical habitat is most
appropriately used to make relative
comparisons of alternative scenarios.
While we sought to make the models as
realistic as possible to achieve
meaningful relative comparisons, these
modeling tools are not designed to
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predict specific future outcomes. We are
confident in the ability of the modeling
routine to rank a set of scenarios from
best to worst and provide insights about
the degree of difference among them.
But population metrics provided by the
models are better viewed as relative
indices than as predictions. This
caution about interpretation of model
output is particularly relevant to
modeling regions with low amounts of
total habitat area, such as in the State of
Washington. In the modeling
environment, small population sizes
tend to lead to high variation in
outcomes among iterations.
Furthermore, competitive effects of
barred owls played a large role in
determining population outcomes,
especially in Washington where
encounter rates between barred owls
and northern spotted owls are high.
We used the objectives and criteria in
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011) to
guide our critical habitat proposal. Only
after we had a critical habitat network
that we considered essential to meet
recovery objectives did we impose the
secondary criterion of network
efficiency. We retested networks after
efficiency modifications were made to
ensure they were still likely to meet
recovery objectives. We included State
or private lands only where our
modeling results indicated Federal land
was insufficient to provide what is
essential for recovery.
As described in the section Criteria
Used to Identify Critical Habitat, we
have included in this designation only
those areas occupied at the time of
listing that provide the essential
physical or biological features, or areas
unoccupied at the time of listing that we
have determined are otherwise essential
to the conservation of the northern
spotted owl. We appreciate the
commenter’s suggestion of additional
areas for consideration, and we did
evaluate all areas on the basis of RHS
throughout the range of the northern
spotted owl, including State and private
lands in southwest Washington. We
have included in this final designation
all areas that we have determined are
essential to the conservation of the
species. A determination that certain
areas are not essential should not,
however, be interpreted to mean that
such areas do not have the potential to
contribute to the recovery of the species,
and we encourage landowners to
participate in other recovery efforts to
achieve conservation on their lands (for
example, as identified in Recovery
Actions 14 and 15 of the Revised
Recovery Plan (USFWS 2011)). In
addition, we identified some State and
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private lands in Washington as essential
for the conservation of the northern
spotted owl, but all of the private lands
and some of the State lands were
subsequently excluded under section
4(b)(2) of the Act (see Exclusions). As
discussed in our response to Comment
(104), above, exclusion of areas is not
the same as a determination that those
areas are not essential; it only reflects
the Secretary’s determination that the
benefits of excluding such areas
outweighs the benefits of including
them in critical habitat.
Comment (138): One commenter
claimed that critical habitat includes
nearly all suitable habitat—occupied or
not—and was driven by the artificial
constraints incorporated into the
recovery plan—namely the
manipulation of the barred owl
interaction model. According to the
commenter, absent these artificial
constraints, the model would have
predicted that none of the alternatives
will conserve the species in the face of
barred owls, therefore none of the lands
wherein there is significant barred owl
interaction are ‘‘essential’’ for the
survival of the species. The commenter
further stated that given the significant
impact on the human environment by
restricting management of the lands
within this region, the Service needs to
clearly provide the public with an
estimation of the scientific reliability of
their ability to conserve the northern
spotted owl, and this information is
critical to weighing the social and
economic ramifications of the proposed
action.
Our Response: The proposed critical
habitat rule did not include ‘‘nearly all
suitable habitat’’ and our evaluation
indicated that the large majority of the
proposed designation was occupied at
the time of listing and contains the
physical and biological features
essential to conservation of the species.
It also identified other areas essential to
the species’ conservation, which
represent only a small portion of the
proposed critical habitat. Contrary to the
commenter’s assertion, the barred owl
impacts used in the population
modeling process were similar to or
slightly higher than those reported in
most modeling regions; barred owl
effects were reduced in only three of 11
regions (Table 2 in Modeling
Supplement). This was done to enable
the identification of areas essential to
the spotted owl’s recovery; threats that
are not habitat-based are addressed
through implementation of actions in
the recovery plan. The current influence
of barred owls on occupancy by
northern spotted owls does not negate
the role of habitat in the recovery of the
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species. The Service clearly noted in the
proposed rule that the areas proposed as
critical habitat are essential, but not
sufficient absent other management
actions, to recover the northern spotted
owl.
Comment (139): One commenter was
concerned that the proposed rule did
not present an effects analysis for the
proposed exclusions that indicates how
northern spotted owl populations would
likely respond if these lands were
excluded.
Our Response: Many of the potential
exclusions put forth in the proposed
critical habitat rule would be unlikely to
affect the outcome of our population
modeling. This is because those
exclusions, if made, would be based on
their having some existing habitat
protections (e.g., wilderness areas,
national parks, HCPs, SHAs) that we
would reasonably expect to continue
into the future, and thus our treatment
of them in the modeling would be the
same as if they were included in a
critical habitat network. If we were to
exclude lands without consideration of
continued conservation, we agree that
this could change the results of our
population modeling. However, since
this is not the case, and no such lands
were excluded from this final rule, we
did not need to conduct such an
analysis in this final rule.
Comment (140): One commenter was
critical that no analysis was provided as
to the relative effectiveness of the new
critical habitat network in also
capturing habitat for other late-seral/
old-growth-associated species of
concern, and encouraged an analysis of
the effects of the proposed critical
habitat network on multi-species
conservation goals, by overlaying
critical habitat boundaries on data on
occurrence and habitat distribution for
other species of concern.
Our Response: Analyzing the effects
of the proposed critical habitat network
on multi-species conservation goals is
beyond the scope of the critical habitat
designation process for the northern
spotted owl. Furthermore, the results of
such an analysis would not affect the
selection of the final critical habitat
designation for the northern spotted
owl, as the statutory language defines
critical habitat with reference to a
particular listed species.
Comment (141): One commenter
suggests that the Service fails to explain
to the public why, in order to model
sustainable northern spotted owl
populations, it was required to
arbitrarily select an interaction rate with
barred owls that was not based on
science-based field studies. Rather, the
commenter states, it was based on the
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assumption that barred owls would be
addressed through their extirpation
from wide swaths of the Pacific
Northwest (‘‘Modeling and Analysis
Procedures used to Identify and
Evaluate Potential Critical Habitat
Networks for the Northern Spotted
Owl,’’ USFWS Feb. 28, 2012, pp. 14–
15), an assumption that is neither
legally nor scientifically supportable.
Our Response: The Service made no
assumption, written or otherwise, that
the barred owl would be extirpated from
any portion of the northern spotted
owl’s range. The ‘‘ceiling’’ on barred
owl encounter rates that was used in the
modeling (Phases 2 and 3 from Dunk et
al. 2012a) was not arbitrary, but based
on the results from several scenarios
presented and compared during Phase 1
modeling. As explained in both
Appendix C of the Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011) and Dunk et al. 2012b,
the barred owl encounter rates used in
the testing and selection of the proposed
critical habitat designation are, in most
modeling regions, similar to or even
slightly above the currently estimated
encounter rates. Only in portions of
Washington were encounter rates
reduced in order to identify essential
habitat absent the undue influence of
barred owls, but certainly not to the
extent of ‘‘extirpation of wide swaths’’
as suggested in this comment. For
additional details, please see our
response to Comment (38).
Comment (142): One commenter
stated that the original critical habitat
designations were based on forest stand
characteristics whereas the new
designations are based on computer
simulations that are untested and
unreliable, and that this is not an
improvement on the existing science.
The commenter states that northern
spotted owl populations have continued
to decline as suitable habitat has
increased; therefore, there are factors
other than habitat that are decimating
northern spotted owls, namely barred
owls and catastrophic fires, and
increasing the size of habitat will do
nothing to save them.
Our Response: While it is true that
northern spotted owl populations
continue to decline, we have no
evidence to suggest that suitable habitat
has increased rangewide. Furthermore,
we recognize that loss or degradation of
habitat is not the only threat affecting
northern spotted owl populations.
However, as we have stated,
comprehensive recovery actions for the
northern spotted owl are provided in
the Revised Recovery Plan (USFWS
2011). The existence of other, nonhabitat based threats does not relieve
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the Service of its statutory obligation to
designate critical habitat for the species
to the maximum extent prudent and
determinable.
We believe the commenter may not
have understood that the computer
programs that we used were developed,
to the extent that it was defensible to do
so, with empirically derived
information, and thus were also
ultimately based on real forest stand
characteristics. In cases where this was
not possible, a rationale for parameter
inputs was provided (see Appendix C of
the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011)
and Dunk et al. 2012b). For example,
actual weather station data are not
available across the entire range of the
northern spotted owl; however,
temperature and precipitation models
that provide site-specific climate data
across the species’ range provide these
data. Additional explanation of the
extensive degree to which our models
were tested and cross-validated is also
provided there, as well as in our
responses to Connet (19) through
Comment (22), among others.
Comment (143): Several commenters
noted that the Service should redo its
habitat modeling by including active
management as a setback of owl habitat
and to determine how long it will take
for treated areas to recover to suitable
nesting, roosting, and foraging habitat.
Our Response: The analysis suggested
in this comment is predicated on the
availability of reliable information on
the extent to which active management
may potentially be implemented within
the boundaries of critical habitat, if at
all. As we have noted throughout this
rule, the discussion of active
management provided is for use by
Federal, State, local, and private land
managers, as well as the public, as they
make decisions on the management of
forest land under their jurisdictions and
through their normal processes. We are
attempting to emphasize that critical
habitat is not necessarily a ‘‘hands off’’
designation, depending on the nature of
the habitat and the action under
consideration, and we encourage land
managers to consider the flexibility of
management options available to them
consistent with the Revised Recovery
Plan for the Northern Spotted Owl
(USFWS 2011) and the Standards and
Guidelines of the NWFP (USDA, USDA
1994). However, as noted in our
economic analysis of the designation,
predicting what land managers may
choose to do is an exercise in
uncertainty; land managers may choose
to refrain from any management actions,
may continue to manage lands as they
currently do, or make choose to
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implement alternative active
management practices. Given that we do
not know whether land managers will
even attempt to implement active
management, much less how often or on
what scale, attempting to model the
effects of those actions on RHS would
be purely speculative and, for our
purposes, uninformative.
Other Public Comments
Comment (144): Two comments were
submitted regarding how proposed
critical habitat (not specific to a
particular land use allocation) will
negatively impact future development
within counties.
Our Response: The forested areas
included in the critical habitat
designation are primarily managed for
forest products, including timber
production. We are not aware of any
development projects proposed within
the area of this revised designation, and
our final economic analysis did not
identify any such potential impacts.
Comment (145): Two commenters
asserted that the regulatory mechanisms
for protecting critical habitat on State
and private lands were insufficient to
adequately protect northern spotted owl
habitat.
Our Response: The statutory authority
defining and regulating critical habitat
is the Endangered Species Act (Act).
Section 7(a)(2) of the Act specifically
provides that protections to critical
habitat via consultation are triggered by
actions authorized, funded, or carried
out by Federal agencies (referred to as
a ‘‘Federal nexus’’). If there is no
Federal nexus involved in a proposed
action, the law does not require
consultation with the Service. The Act
does not provide a direct regulatory
mechanism for protecting critical
habitat on State or private lands absent
a Federal nexus.
Comment (146): One commenter
requested that the Secretary identify
those lands being designated for the
purpose of expanding the range or
dispersing the northern spotted owl into
unoccupied areas.
Our Response: The designated lands
are entirely within the range of the
northern spotted owl and the vast
majority of lands were occupied by
northern spotted owls at the time of
listing. This designation does not
identify any areas for the purpose of
expanding the range of the species. We
have included some small areas that
may have been unoccupied at the time
of listing for the purposes of
accommodating potential population
growth. Each of the subunit descriptions
in this rule describes the subset of area,
if any, that was identified to assist with
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northern spotted owl movement across
broad landscapes, to provide
connectivity between established
populations, or to provide for
population expansion. Population
expansion, as used here, is meant to
describe population growth in terms of
increased numbers of individuals
within an area, not range expansion. In
Oregon we have designated two areas
specifically to assist in the movement of
northern spotted owls between the
Oregon coast (ORC) and the western
Cascades south (WCS) critical habitat
units. In Washington, many historically
occupied areas included in critical
habitat are currently unoccupied due to
reductions in spotted owl populations.
Full occupancy of these formerly
occupied areas (population growth or
expansion) would provide for
conservation of the spotted owl without
expanding the range. Relative to past
critical habitat designations for the
spotted owl, we also included
additional areas in northern Washington
into the current critical habitat
designation. These areas may increase
the potential for dispersal of owls to and
from British Columbia, Canada, in the
future. Currently, such exchange is
unlikely due to low abundance of
spotted owls in this landscape on both
sides of the international border. All of
this area is within the current
geographic range of the northern spotted
owl, and does not expand that range
beyond its historical boundaries.
Comment (147): One commenter
questioned how the Service had applied
a ‘‘significant contribution’’ standard to
occupied and unoccupied areas.
Our Response: We considered a
specific area to make a ‘‘significant
contribution’’ to the conservation of the
species if adding or removing that area
from the habitat network under
consideration resulted in an appreciable
change in the population performance
in that modeling region.
Comment (148): One commenter
requested additional clarification of the
terms ‘‘largely occupied’’ or
‘‘approximately occupied’’ at the time of
listing for particular subunit areas.
Our Response: These terms have been
clarified in the final rule. For each
subunit, the proposed rule explained
that the specified percentage ‘‘was
covered by verified northern spotted
owl home ranges at the time of listing.’’
As an example, such subunit
descriptions then went on to say:
‘‘[w]hen combined with likely
occupancy of suitable habitat and
occupancy by nonterritorial owls and
dispersing subadults, we consider this
subunit to have been largely occupied at
the time of listing. In addition, there
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may be some smaller areas of younger
forest within the habitat mosaic of this
subunit that were unoccupied at the
time of listing. We have determined that
all of the unoccupied and likely
occupied areas in this subunit are
essential for the conservation of the
species to meet the recovery criterion
that calls for continued maintenance
and recruitment of northern spotted owl
habitat. The increase and enhancement
of northern spotted owl habitat is
necessary to provide for viable
populations of northern spotted owls
over the long-term by providing for
population growth, successful dispersal,
and buffering from competition with the
barred owl.’’ Thus, the specified
percentage is based on actual surveys.
However, as described in Criteria Used
to Identify Critical Habitat, we also
determined that all areas designated are
essential to the conservation of the
northern spotted owl, using the more
restrictive standard for unoccupied
areas, to ensure all areas were
appropriately designated even if there
was any uncertainty about its
occupancy status at the time of listing.
Comment (149): One commenter
requested additional clarification about
how the ‘‘time of listing’’ occupancy
analysis relates to information
suggesting that old growth and latesuccessional habitat features may not be
optimal for the northern spotted owl in
the Oregon Coast Range.
Our Response: Northern spotted owls
live in a variety of forest types and rely
on forests of varying structure to survive
during different parts of their life cycles.
The occupancy data from the time of
listing reinforces that the northern
spotted owl requires older forest
structure to maintain viable reproducing
populations throughout much of its
range. This commenter appeared to be
referring to studies that have shown that
northern spotted owls will use younger
forests in the Oregon Coast Ranges
(Glenn et al. 2004) and appear to benefit
from some degree of younger forest
interspersed in older forest in southwest
Oregon (Olson et al. 2004) and northern
California (Franklin et al. 2000).
However, none of these studies suggest
that old growth and late-successional
forest are not optimal habitat for
northern spotted owls.
Comment (150): One commenter
requested that the Service acknowledge
the benefits of grazing on public lands
as a tool to manage vegetation which
provides the northern spotted owl with
easier access to prey. The commenter
also expressed concern that the
expansion of critical habitat would limit
grazing.
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Our Response: We are not aware of
any research or scientific publications
on grazing and northern spotted owl
foraging use, and the commenter did not
provide supporting information. In any
case, this rule does not prescribe
limitations on grazing.
Comment (151): One commenter
requested that regeneration harvest be
restored on all Federal forests within the
Northwest Forest Plan boundary, in
particular on the Olympic Peninsula.
The commenter suggested that
regeneration harvest would help restore
forest health, create jobs, provide
revenue from timber harvest, and reduce
effects of forest fires on northern spotted
owl habitat.
Our Response: This rule is limited to
the designation of critical habitat for the
northern spotted owl. While the
preamble discusses some management
techniques for consideration by land
managers, specific management
prescriptions for Federal lands within
the NWFP is beyond the scope of this
rulemaking.
Comment (152): Several commenters
suggested narrowing the scale at which
the Service assesses whether a proposed
action destroys or adversely modifies
critical habitat to better reflect northern
spotted owl biology, to better capture
localized negative trends, or to align
with the intent of the Endangered
Species Act.
Our Response: In accordance with
Service policy, the adverse modification
determination is made at the scale of the
entire designated critical habitat, unless
the critical habitat rule identifies
another basis for the analysis (USFWS
and NMFS 1998). The adverse
modification determination for the
northern spotted owl will occur at the
scale of the entire designated critical
habitat, as described above in the
section Determinations of Adverse
Effects and Application of the ‘‘Adverse
Modification’’ Standard, with
consideration given to the importance of
the conservation function of units and
subunits within each of the recovery
units identified in the Revised Recovery
Plan (USFWS 2011, Recovery Criterion
2). The Service believes the entire
designated critical habitat is the
appropriate scale for this analysis,
because our determination is based on
whether implementation of the Federal
action would preclude the critical
habitat as a whole from serving its
intended conservation function or
purpose. However, a proposed action
that compromises the ability of a
subunit or unit to fulfill its intended
conservation function or purpose could
represent an appreciable reduction in
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the conservation value of the entire
designated critical habitat.
Comment (153): Several commenters
suggested that the Service cannot legally
designate land as critical habitat that
does not currently contain primary
constituent elements (PCEs), and should
not designate lands that may become
habitat in the future.
Our Response: In our proposed
designation of critical habitat for the
northern spotted owl, we identified
primarily areas that were occupied at
the time of listing as critical habitat; all
such areas support the PCEs and
subsequently the essential physical or
biological features as identified in this
rule. In addition, some areas that may
not have been occupied at the time of
listing are designated as critical habitat,
because we determined that such areas
are essential to the conservation of the
species. These areas make up a
relatively small percentage of the total
designation. Because the loss or
degradation of habitat was one of the
primary threats that led to the listing of
the species, the restoration of habitat is
required to achieve the recovery of the
species, as identified in the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011). In some areas, the
recovery goal of achieving viable
populations across the range of the owl
cannot be achieved without the
development of some areas that are
presently younger forest into additional
habitat capable of supporting northern
spotted owl populations into the future.
We evaluated all areas anticipated to
develop into suitable habitat in the
future as if they were unoccupied at the
time of listing, to determine whether
such areas are essential to the
conservation of the species. We
included such areas in the final
designation of critical habitat only if
they were essential to the conservation
of the species because they provide
connectivity between occupied areas,
room for population expansion or
growth, or the ability to provide
sufficient suitable habitat on the
landscape for owls in the face of natural
disturbance regimes, such as fire. In
addition, recent research indicates that
northern spotted owls require additional
habitat area to persist in the face of
competition with barred owls. Finally,
in some areas where habitat loss or
degradation was historically severe,
areas of currently degraded habitat may
be in need of restoration to provide the
large, contiguous areas of nesting,
roosting and foraging habitat required
by the species. Section 3(5)(A)(ii) of the
Act provides for the designation of
critical habitat in specific areas outside
the geographical area occupied at listing
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upon a determination that such areas
are essential for the conservation of the
species. As the Secretary has
determined that these areas of younger
forest that may have been unoccupied at
the time of listing are essential to the
conservation of the species, the law
provides for their designation as critical
habitat.
Economic Analysis Comments
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Comments From States
Comment (154): The California
Department of Forestry and Fire
Protection (CALFIRE) states that the
designation of Jackson Demonstration
State Forest land as critical habitat
could result in costly section 7
consultations that might prohibit or
delay the approval or implementation of
environmental restoration projects. It
identifies water quality permits under
the Clean Water Act for timber
harvesting plans as a potential future
nexus, while noting that currently, a
waiver of waste discharge requirements
can be applied to discharges related to
timber harvest activities on non-Federal
lands in the North Coast Region. It
identifies current litigation threatening
this exemption.
Our Response: Chapter 5 of the Final
Economic Analysis (FEA) provides
extensive discussion of the potential
Federal nexuses necessitating section 7
consultation on State and private lands
(paragraphs 209 through 221).
Specifically, it discusses the Clean
Water Act (CWA) permitting
requirements and a recent ruling by the
Ninth Circuit that has the potential to
increase permitting requirements for
silviculture operations as sources of
point-source pollution. Northwest
Environmental Defense Ctr. v. Brown,
640 F.3d 1063 (9th Cir.). However, in
light of the fact the United States
Supreme Court has granted a writ of
certiorari to review this ruling, the
economic analysis concludes that
considerable uncertainty surrounds this
litigation and whether it will in fact
change the permitting requirements for
silvicultural operations within the next
20 years. Due to this uncertainty, we
assume for purposes of our economic
analysis the current CWA exemption
and subsequent lack of a Federal nexus
continues, and therefore do not
anticipate direct effects on private or
State lands associated with Clean Water
Act permitting activities, and therefore
do not anticipate any significant
impacts to the restoration projects
resulting from the designation of critical
habitat. Please see the discussion of the
Jackson Demonstration State Forest in
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the section Changes from the Proposed
Rule for more details.
Comment (155): CALFIRE provides
additional information describing the
current management of the Jackson
Demonstration State Forest and
northern spotted owl habitat.
Our Response: We have added
additional discussion of baseline
practices at Jackson Demonstration State
Forest to Chapter 5 of the FEA.
Comments From Federal Land Managers
Comment (156): U.S. Bureau of Land
Management (BLM) asked for
clarification as to how the DEA used the
data provided by their agency.
Our Response: The BLM provided
more detailed geospatial data than other
agencies; therefore, when BLM data are
aligned with the Service data layers and
USFS historical and projected timber
harvest, the analysis endeavors to utilize
a consistent data set across land
ownership types. For example, while
BLM provided data on 30 years of
planned timber harvest, as well as stand
age (i.e., over and under 80 years of age),
the analysis focuses on timber harvest
projections for the first decade to derive
a 20-year projection and does not
incorporate stand age, because this
information was not available for other
areas. Specifically, the draft economic
analysis (DEA) used a filtering approach
to identify those specific areas where
incremental timber harvest effects may
occur. Further explanatory detail on
these methods has been added to
Chapter 4 of the final economic analysis
(FEA).
Comment (157): The BLM requested
further clarification on how the Service
considered the effects on long-term,
sustained-yield timber production due
to the shift in management objectives for
the Matrix lands that are proposed to be
designated as critical habitat.
Our Response: The DEA and FEA
state that the obligation of the agencies
is to consult with the Service to ensure
that their actions are not likely to
destroy or adversely modify critical
habitat and may opt from a wide range
of management options, consistent with
their land use plans and statutory
authorities. It is challenging to predict
how the land management agencies will
respond or on what actions they will
consult. Therefore, there is considerable
uncertainty regarding long-term effects,
if any, on sustained yield timber
production due to a potential shift in
management objectives within the
revised critical habitat designation. A
range of potential effects are discussed
qualitatively in the analysis.
Comment (158): The U.S. Forest
Service questioned the DEA assumption
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about the distribution of timber
harvested from Federal lands, and stated
that the average estimated annual yield
per acre may understate actual timber
harvest, as well as the assumption that
USFS harvest projections include only
thinning activities and do not anticipate
future regeneration harvest activities.
Our Response: In an ideal world, the
economic analysis would utilize
detailed geospatial data showing when
and where Federal timber harvest is
projected to occur. However, lacking
data on the narrowly defined areas
where timber harvest is projected to
occur, and where critical habitat may
have an incremental effect on these
harvests, the analysis broadly applies
projected timber harvest across all
Federal land acres. Using this approach,
the DEA used timber harvest projections
ranging from 14 to more than 200 bf per
acre per year across critical habitat
subunits, as described in Chapter 4 of
the DEA (IEC 2012a, p. 4–18). The DEA
based FS Region 6 projections on
historical timber harvest quantities
provided by USFS. Therefore, planned
changes to timber harvest were not
contemplated. To address this
uncertainty in the amount of timber that
could potentially be harvested in the
future (i.e., if changes to timber harvest
should occur), the FEA scales existing
baseline projections upward to account
for a potential 20-percent increase in
timber harvest projection on USFS
lands. The FEA also revised the
language regarding projected timber
activities to clarify that they may
include both thinning and regeneration
harvest.
Comment (159): The U.S. Forest
Service stated that the DEA assumption
about the distribution of timber
harvested from Federal lands is
problematic and that the average
estimated yield of 63 BF per acre per
year may understate actual timber
harvest. In Region 6, the FY 2013 and
FY 2013 NWFP timber program is
expected to increase by 20 percent in
terms of acres and volume. USFS also
disagrees with the assumption that
‘‘USFS harvest projections include only
thinning activities and do not anticipate
future regeneration harvest activities
(page 4–18).’’
Our Response: In the Final Economic
Analysis, we rely on data provided by
USFS Region 5 and Region 6 to estimate
annual projected timber harvest
amounts. Each region provided an
annualized projection of future timber
harvest (Region 5) or a 5-year historical
annual average timber harvest (Region
6) by national forest. Using GIS acreage
data for each national forest, we
calculate an average annual timber
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harvest yield in BF/acre/year. We then
estimate a baseline average annual
timber harvest yield for each critical
habitat subunit based on the number of
acres and the proportion of the subunit
within each national forest.
To estimate potential incremental
economic impacts of the proposed
critical habitat designation, we focused
on matrix lands that are likely to be
unoccupied by the northern spotted
owl. We did not estimate that there will
be incremental economic impacts across
the entire proposed critical habitat, so
the comparison to the USFS expected
harvest for the entire National Forest
System across the entire range of the
northern spotted owl is inappropriate.
There are approximately 9.5 million
acres of USFS lands in the proposed
critical habitat. Of these, 6.9 million
acres are reserves and 2.6 million are
matrix lands. Of the matrix lands,
approximately 1.1 million acres are
predominantly younger forests
(considered to be unoccupied) and 1.6
million acres are northern spotted owl
habitat. Furthermore, we estimate that
approximately 6.5 percent of northern
spotted owl habitat is likely to be
unoccupied. We find that incremental
economic impacts to USFS timber
harvest are relatively more likely in
unoccupied matrix lands or
approximately 1,158,314 acres of
2,629,031 total acres of all USFS matrix
lands.
For example, in USFS Region 5, there
are approximately 956,000 acres of
matrix lands. The data provided by
Region 5 suggest that the annualized
projected timber harvest in these matrix
lands is 105.4 MMBF (as noted in the
comment). However, we estimate that
incremental economic impacts due to
the critical habitat designation would be
relatively more likely to occur in
unoccupied areas. We presume that
there will not be incremental impacts to
timber harvest due to critical habitat in
occupied areas as these areas are already
sufficiently managed for NSO
conservation in the baseline. In Region
5, there are approximately 502,500 acres
of matrix lands that are likely to be
unoccupied (100 percent of
predominantly younger forests and 6.5
percent of northern spotted owl habitat).
Thus our area of potential impact is
smaller than that contemplated in the
comment. Our estimate of baseline
timber yield within these areas,
however, is consistent with those
presented in the comment and FS data.
Specifically, the annualized projected
timber harvest in these unoccupied
matrix lands is 55.5 MMBF. Therefore,
when we contemplate a 20 percent
reduction in timber harvest due to
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critical habitat in matrix lands that may
potentially experience incremental
impacts, we calculate a reduction of
approximately 11.1 MMBF (20 percent
of 55.5 MMBF), versus a reduction of
21.1 MMBF (20 percent of 105.4
MMBF). In sum, our baseline timber
yield and harvest projections are
consistent with the USFS data cited in
the comment; we are simply assessing
impacts on a more constrained set of
acres where incremental impacts are
relatively more likely to occur.
Note also that the DEA based USFS
Region 6 projections on historical
timber harvest quantities provided by
USFS. Therefore, planned changes to
timber harvest were not contemplated.
To address this uncertainty, the FEA
scales existing baseline projections
upward to account for a potential 20
percent increase in timber harvest
projection on USFS lands. The FEA also
revises the language regarding projected
timber activities to clarify that they may
include both thinning and regeneration
harvest. However, this does not
materially affect the results of the
analysis.
Finally, we note that our estimate of
the area of younger forest in the matrix
where incremental impacts may occur is
most likely an overestimate. As stated
above, we estimated that of the matrix
lands, approximately 1.1 million acres
are predominantly younger forests
(considered to be unoccupied). This
estimate, however, was based on the
total area of younger forest in the matrix
within the proposed designation
regardless of patch size. As we noted in
our incremental effects memorandum
(IEC 2012b, p. B–7), it would be unusual
for an agency to contemplate a timber
sale or other activity on a very small
patch of younger forest; based on our
experience, we assumed roughly 40 ac
(16 ha) as the minimum patch size of
younger forest on which we would
anticipate potential incremental
impacts. As the estimate of younger
forest within the matrix used in the
economic analysis did not screen out
patches less than 40 ac (16 ha) in size,
the resulting total of 1.1 million acres is
likely an overestimate of the area of
younger forest where incremental
impacts may occur on matrix lands. In
addition, the final designation
represents a net reduction of matrix
lands where economic impacts are
relatively more likely to occur and this
reduction was not analyzed in the FEA
(see Changes from the Proposed Rule).
It is also important to note that, even if
there were likely to be higher economic
impacts, we would not exclude these
lands from designation under section
4(b)(2) because a critical habitat
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designation in these areas will likely
have regulatory benefits in conserving
this essential habitat.
Comment (160): The USFS suggested
that additional person-hours for
consultations to consider critical habitat
issues may be higher than described in
the DEA.
Our Response: The USFS currently
plans projects outside of existing critical
habitat that may be included in the
revised critical habitat. Therefore, the
administrative burden may include
additional consultations beyond the
additional hours contemplated for
consultations that would already occur
absent critical habitat. The FEA makes
note of this potential incremental
increase in administrative burden.
Comments on the Economic Analysis
From the Public
Comment (161): One submission
noted that the proposed rule does not
make clear the specific restrictions
imposed on designated private lands.
Furthermore, many submissions note
that the resulting regulatory uncertainty
will likely reduce the market value of
designated private lands, contributing to
the loss of multiple-use, working forests
that provide other valuable types of
habitat and jobs, or result in timber
management practices designed to
ensure private lands do not become
northern spotted owl habitat. Potential
third-party litigation risk also
contributes to this uncertainty.
Our Response: The proposed rule
provided a detailed description of the
protection provided to areas designated
as critical habitat (see 77 FR 14081;
March 8, 2012). Specifically, section 7
of the Act requires that Federal agencies
ensure, in consultation with the Service,
that any action they authorize, fund, or
carry out is not likely to result in the
destruction or adverse modification of
critical habitat. Chapter 5 of the DEA
provided explicit discussion of the
potential for State and private
landowners to request Federal permits,
thereby necessitating consultation under
section 7. Furthermore, the chapter
acknowledged the concerns raised in
the comments regarding the potential
impact of regulatory uncertainty on the
market value of private lands, including
potential changes in State regulations in
response to the designation and changes
in private timber harvest practices
resulting from greater perceived
investment risk, and discusses the
existing data limitations preventing
estimation of the monetary value of
such impacts (see DEA paragraphs 259
through 281). Additional information
provided through public comment and
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supporting the existing analysis has
been added to Chapter 5 of the FEA.
All private lands have been excluded
from this final designation of critical
habitat for the northern spotted owl (see
Exclusions).
Comment (162): One submission
states that all private and State lands in
Washington are already subject to State
and Federal regulations providing
protection for the northern spotted owl;
therefore, designating these lands
results in duplicative regulation that is
contrary to Executive Order 13563 and
the President’s memorandum dated
February 28, 2012. An additional
submission recommends that the
Service rely instead on existing State
regulations and cooperative approaches.
Our Response: The Service is required
under the Act to designate critical
habitat to the maximum extent prudent
and determinable for listed species
regardless of State laws. This process is
separate from and additional to the
listing of a species under the Act and is
specifically needed for the northern
spotted owl because habitat loss is one
of the primary threats to its
conservation. The requirement to
designate critical habitat is not replaced
by State regulations or classification of
lands. Please note that, as discussed in
our section on Exclusions, above, we
were able to exclude all private lands
proposed as critical habitat in the State
of Washington and California.
Comment (163): One submission
questions the DEA’s estimate that
117,628 ac (47,602 ha) in Washington
may be subject to incremental effects,
noting that the calculation is unclear.
The comment suggests the correct
acreage is 133,895 ac (53,558 ha).
Furthermore, two submissions express
concern that the State could change the
definition of suitable habitat to include
all designated private lands, implying
the potential increased regulatory
burden identified in the DEA may be
understated.
Our Response: As noted in Exhibit 5–
6 of the DEA, area calculations in the
DEA were based on the GIS data layers
provided by the Service to the
economists preparing the DEA on March
1, 2012. The area estimates derived from
these data layers differ slightly from
those provided in the proposed rule due
to minor boundary adjustments under
consideration by the Service. A total of
178,147 ac (72,094 ha) of private land in
Washington were proposed for
designation, of which 60,519 (24,491 ha)
were subject to existing or proposed
conservation plans, leaving 117,628 ac
(47,602 ha) that may be subject to
indirect impacts. As discussed in detail
in paragraphs 227 through 235 of the
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DEA, interviews with Washington State
regulators revealed that even if all
private lands were designated and
subsequently defined by the State as
suitable habitat, the State would defer to
approved habitat conservation plans
(HCPs) or Safe Harbor Agreements
(SHAs). Thus, indirect incremental
impacts for 60,519 ac (24,491 ha) are
unlikely. Of the remaining 117,628 ac
(47,602 ha), much of this area may
already fall within mapped Home Range
Circles for the northern spotted owl and
thus are already considered to be
suitable habitat. Finally, whether the
State will make any changes to its
regulations is highly uncertain.
However, as all private lands in the
State of Washington have been excluded
under section 4(b)(2) of the Act (see
Exclusions), the concerns expressed by
the commenter are moot.
Comment (164): One submission
states that the DEA does not account for
additional, unforeseen regulatory costs
and project delays associated with the
regulation of critical habitat by
California State agencies.
Our Response: Chapter 5 of the DEA
provides a detailed account of our
discussions with the California
Department of Forestry and Fire
Protection (CALFIRE) to understand
whether the State would regulate
harvests on private timberlands
differently if those lands are federally
designated critical habitat (see
paragraphs 246 through 257). Given the
extensive baseline protections provided
by California’s Forest Practice Rules and
the California Environmental Quality
Act, CALFIRE does not anticipate any
changes as a result of the designation.
Comment (165): Two submissions
note that private landowners obtain
Federal funding for forest health
improvements, fire resiliency projects,
and watercourse restoration. Access to
these funds may be restricted or delayed
because of the designation, resulting in
decreased incentives for landowners to
complete such projects.
Our Response: As all private lands
have been excluded from this final
designation of critical habitat for the
northern spotted owl, the concerns
expressed by these commenters are no
longer relevant.
Comment (166): One private
landowner stated that the economic
impacts of the northern spotted owl
listing and protection prior to critical
habitat designation are relevant
considerations in the exclusion process.
Our Response: Section 4(b)(1)(A) of
the Act provides that the listing of a
species is determined based solely on
the basis of the best scientific and
commercial data available. However,
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under section 4(b)(2) of the Act, the
Service may consider economic
impacts, and other relevant impacts of
designating a specific area as critical
habitat. Therefore, when designating
critical habitat and evaluating specific
areas under section 4(b)(2) of the Act for
potential exclusion, we consider the
incremental impacts of critical habitat
designation, above the ‘‘baseline’’
conservation measures resulting from
listed status. These incremental impacts
(economic or other factors) are then
evaluated relative to the conservation
benefit of including the specific area in
the critical habitat designation. If the
costs outweigh the benefits, then the
Secretary may exercise his discretion to
exclude the area, provided that the
exclusion does not result in the
extinction of the species.
Comment (167): One submission takes
issue with the DEA’s conclusion that the
approval of HCPs and reinitiation of
consultations on existing HCPs will
result only in minor administrative
burden. Interpretive disputes around the
adverse modification of critical habitat
can readily lead to costly delays,
litigation, and pressure to modify
existing and proposed HCPs as well as
other projects. Critical habitat
designations on private lands
discourage the development of HCPs
and take away stability over long-term
investment horizons.
Our Response: The reinitiation of
consultation on an existing HCP is the
responsibility of the Service and
requires the formulation and addition of
an adverse modification analysis. Those
consultations that already include an
effects determination and no jeopardy
determination for northern spotted owls
will have incorporated an analysis of
the effects of the action (the HCP) on
northern spotted owl habitat, which will
be similar to the adverse modification
analysis except that additional analysis
could be needed on impacts to the
conservation function of the critical
habitat subunit. Only where an HCP
would be anticipated to cause adverse
modification of a newly designated
critical habitat network would
significant modification likely be
necessary, and we have not found any
HCPs that fall into this category for this
designation. As for HCPs that are under
development the need to minimize
impacts to northern spotted owl habitat
in an effort to minimize impacts to
northern spotted owls is likely to suffice
to bring the impacts below the threshold
of destruction or adverse modification,
thereby reducing the time and energy
necessary to complete an HCP as
indicated in the Economic Analysis. We
note that we have excluded all lands
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covered by an HCP pursuant to section
4(b)(2).
Comment (168): Several comments
provided additional information on the
relationship between the amount of
private forestland available for harvest
and employment. The three comment
letters refer to the results of a recent
study prepared by Forest2Market on the
economic contribution of forestryrelated industries to Washington State’s
economy. They state that for every 1,000
ac (400 ha) of private forestland in
Washington, there are 5 jobs in forestryrelated industries (or 11 to 15 jobs
including indirect and induced
employment), an associated $224,000 to
$233,000 in wages (or $495,000 to
$631,000 including indirect and
induced employment), and up to
$30,000 in taxes and fees annually. The
commenters then use these
relationships to estimate the total
number of jobs supported by private
working forestland proposed for critical
habitat designation.
They conclude that if private acres in
Washington are designated as critical
habitat, all of these jobs, and the
associated wages, taxes, and fees, will
be lost. In other words, a total of 1,650
jobs, $74.3 million in annual wages, and
$4.5 million in annual taxes and fees to
counties will be lost. If the Washington
multipliers are extended to all 1.3
million private acres proposed in
Washington and California, more than
19,000 jobs could be affected. A separate
comment states that for every 1,000 ac
(400 ha) of private working forestland in
California taken out of production, 12
jobs are lost. Using the resultant
multiplier of 0.012 jobs per acre, the
comment states that the 1.27 million ac
(514,000 ha) of private land proposed
for critical habitat designation in
California represents more than 15,000
jobs.
Our Response: The comments assume
the designation of critical habitat
precludes any timber harvests on
private lands (i.e., all employment
associated with designated acres will be
lost). Chapter 5 of the economic analysis
examines the potential for harvests to be
precluded on private lands and
concludes that existing baseline
protections in the form of habitat
conservation plans (HCPs) and Safe
Harbor Agreements (SHAs) are likely to
provide sufficient protection to much of
the habitat without additional
restrictions (see paragraphs 211 and 212
of the DEA). We note that all private
landowners with HCPS or SHAs that
were proposed for exclusion from
critical habitat in the proposed rule
were excluded from the final
designation. In addition, private
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landowners of small woodlots in
Washington were removed from critical
habitat upon a determination that their
lands either do not provide the PCEs or
are not essential to the conservation of
the species. Finally, the remaining
307,308 ac (124,364 ha) of private lands
in the proposed designation in
California and Washington, which we
identified as possibly subject to
incremental changes in harvests as a
result of the indirect effects of critical
habitat designation should a Federal
nexus exist, have been excluded from
the final designation (see Exclusions).
However, here we explain how we
derived our estimates of the relationship
between private timberland, harvest
levels, and employment in the economic
analysis.
On some private lands, uncertainty on
the part of landowners over whether the
designation will result in future
restrictions may create an incentive for
those landowners to shorten harvest
rotations, cutting timber earlier than is
financially optimal (see paragraphs 263
through 269 of the FEA). We did not
anticipate that private landowners will
be precluded from harvesting timber as
a result of the designation; rather, we
assumed they may harvest earlier than
they would have absent the designation.
As a result, the estimates noted in the
comment of lost employment and
associated wages, fees, and revenues
anticipated in the comments are likely
overstated.
In Washington, 21,715 ac (8,788 ha) of
private land in the proposed designation
are identified by the State as suitable
habitat for the northern spotted owl, but
are not currently designated as ‘‘critical
habitat state.’’ It is possible that the
State may reclassify these areas as
‘‘critical habitat state’’ in response to the
Federal designation, which would
impose significant administrative costs
on landowners, such that landowners
would likely forego future harvests.
However, such a regulatory change on
the part of the State is uncertain (see
complete discussion in paragraphs 231
through 235, 269, and 276 through 279
of the FEA). These private lands are not
included in the final designation, as the
result of either refinements to critical
habitat (determinations that small
private landholdings either do not
contain the PCEs, or are not essential to
the conservation of the species) or
exclusions under section 4(b)(2) of the
Act.
Thus, the DEA estimated that at
worst, it is possible that 21,715 ac (8,788
ha) in Washington may not be
harvested, or approximately 1,086 ac
(439 ha) per year over the 20-year
timeframe of our analysis. Estimating
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the impact of such a small change in
harvestable acres on employment is
difficult and likely to be highly
dependent on the location and timing of
the foregone harvests. The relationships
between acres and jobs, revenues, or
fees and taxes presented in the
comments may not be applicable to
such small, marginal changes in
harvestable acres.
For example, the ratio of 5 jobs for
every 1,000 ac (400 ha) likely represents
the average jobs created per acre when
total acres of forestland are divided by
total timber employment in the State
(the Forest2Market report is not clear
about whether its ratios represent
average or marginal changes). A
marginal estimate, on the other hand,
would look at the number of jobs
associated with the ‘‘next’’ 1,000 acres
of harvest given existing employment
levels and harvestable acres, as the
relationship between jobs and acres may
not be perfectly linear. Employment
associated with the next 1,000 acres of
harvest may be larger or smaller than
the average. Furthermore, it is possible
that other private acres may be
harvested as substitutes for the 21,715
ac (8,788 ha) that could be restricted if
the State changes its regulations,
diminishing the rule’s effect on
employment. Thus, even if we knew
with certainty that the State of
Washington will change its regulations
as a result of the designation, forecasting
potential changes in employment is
challenging given existing data
limitations.
Comment (169): One comment states
that the SDS Lumber Company is the
only remaining mill in Klickitat County,
and that designating approximately
29,000 ac (11,700 ha) of private forest in
Klickitat and Skamania Counties,
including approximately 16,000 ac
(6,500 ha) of SDS and Broughton
Lumber Company land, will have direct
and significant impacts on its 300
employees.
Our Response: SDS and Broughton
Lumber Company have developed a
Safe Harbor Agreement in collaboration
with the Service. As described in the
Exclusions section of this document,
SDS lands within the proposed critical
habitat covered by this SHA have been
excluded from the final designation.
Comment (170): One comment states
that Rayonier (a forest products
company) already protects 100 of the
540 ac (40 of the 220 ha) of its land in
Washington proposed for critical
habitat, making the remaining 440 ac
(180 ha) especially important to
Rayonier, local communities, and the
people who work in forest industry. A
reduction in logging on these 440 ac
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(180 ha) would directly reduce logging
and trucking jobs and have downstream
effects in the community.
Our Response: We determined that
the lands owned by Rayonier did not
meet our definition of critical habitat,
therefore these lands are not included in
our final designation (see Comment
(106)). Therefore, we do not anticipate
any potential impact of critical habitat
in terms of possible reduced harvests on
Rayonier lands or effects on local
employment due to this rulemaking.
Comment (171): One comment noted
that the ‘‘checkerboard’’ and
intermingled Federal and private
ownership patterns make it difficult, if
not impossible, for many timberland
owners to haul their timber products
without the use of some type of Federal
road use permit. Access to existing or
new roads may be precluded by critical
habitat concerns.
Our Response: This issue is addressed
in Chapter 5 (p. 5–6) of the FEA. The
report notes that a review of Federal
consultations over the last 3 years
indicates that no consultations related
to the northern spotted owl have
resulted from application for this type of
permit. Representatives of the USFS and
BLM further noted that formal
consultation of this type of activity is
not prioritized, and that any request for
consultation would likely be limited to
hauling activity and would not include
the timber harvest activity itself. As a
result, we do not anticipate any direct
effects on State or private lands as a
result of this potential nexus.
Comment (172): One comment notes
that the DEA does not address potential
affects to the U.S. Treasury and Federal
job losses.
Our Response: Project modification
costs quantified in the DEA result from
changes in the quantity of timber
harvested on Federal lands. As
discussed in detail in Chapter 4 of the
DEA, section 7 consultations on the sale
of timber from Federal lands may result
in an increase, decrease, or no change in
harvest levels, based on several
plausible assumptions. The direct cost
(or benefit) of these section 7 project
modifications is a loss (or gain) in
Federal revenues collected by the U.S.
Forest Service and the U.S. Bureau of
Land Management resulting from the
associated timber sales. Stumpage
values related to these effects are
summarized in Exhibit ES–4 of the DEA.
With available data, we are unable to
discern how these timber harvest
changes may affect employment at
Federal agencies.
Comment (173): One commenter
suggested that the DEA fails to comply
with the requirements of Executive
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Order 12866, which requires the
Secretary to base his decision on the
best reasonably available economic
information, and circular A–4, which
provides guidance for complying with
Executive Order 12866. The commenter
states that the DEA applies different
standards of information and analysis in
its assessment of the effect of the
proposed rule on timber production and
its assessment of other important
ancillary benefits of the designation, as
well as the baseline applied in the
analysis.
Our Response: An assessment of
ancillary benefits is not possible
without first assessing the effect of the
proposed rule on timber production; the
ancillary benefits derive from changes
in timber management practices.
Therefore, accurately assessing changes
in timber production is critical for
multiple facets of the economic
analysis. The results of this assessment
suggest that incremental changes in
annual harvests are likely to be small,
less than one percent of total harvests in
the 56 counties overlapping the
designation. While quantification of the
value of foregone timber (or timber
brought back into production as a result
of the regulation) is relatively
straightforward, because market data
provide an indication of the value of
this resource, estimating the marginal
changes in terms of the distributional
impacts on communities of these small
changes in harvests, or the marginal
changes in ecosystem services, is
challenging and requires significantly
more data and sophisticated modeling
tools. Thus, both are discussed
qualitatively in the FEA.
Regarding the assessment of ancillary
benefits, Circular A–4 states, ‘‘You
should begin by considering and
perhaps listing the possible ancillary
benefits and countervailing risks.
However, highly speculative or minor
consequences may not be worth further
formal analysis. Analytic priority
should be given to those ancillary
benefits and countervailing risks that
are important enough to potentially
change the rank ordering of the main
alternatives of the analysis’’ (Circular
A–4, p. 26). This text provides some
discretion to the Agency to determine
whether the quantification of ancillary
benefits is necessary. As described in
responses to earlier comments, the
application of best available data and
tools to estimate the incremental
changes in ecosystem services resulting
from the designation of critical habitat
would require significant effort and
some data that do not currently exist.
Because the Service has not excluded
areas where such benefits are possible
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(i.e., Federal matrix lands),
quantification of ancillary benefits
would not change the regulatory
outcome.
With regard to baseline definition, the
comment suggests the analysis should
incorporate potential future changes in
timber markets, changes in external
factors affecting costs and benefits,
changes in future regulations, and likely
future compliance with other
regulations. With regard to future
demand for timber, the analysis relies
on the best available data provided by
the USFS and BLM regarding baseline
harvest levels (see FEA paragraphs 166
through 175). Data to predict future
changes in the demand of timber
products are highly speculative, given
current economic conditions (e.g.,
demand for timber is largely driven by
the housing market). We have no reason
to anticipate other regulatory changes
that would affect the designation of
critical habitat, and the comment
provides no additional information on
this topic. Finally, we consider the
degree of compliance with section 7 of
the Act in the absence of critical habitat
in determining the likelihood of future
consultations (see, for example, the
discussion in paragraphs 181 through
186 of the FEA).
Comment (174): One comment claims
that the DEA distorts the impacts of the
proposed critical habitat designation on
Douglas County by including
‘‘metropolitan areas that have little to no
critical habitat nor similarities to
Douglas County’s social and economic
environment.’’
Our Response: Chapter 6 of the DEA
provided a detailed socioeconomic
profile of each of the 23 counties
(including Douglas County) containing
proposed critical habitat subunits with
higher proportions of Federal forests
that are relatively more likely to
experience incremental impacts due to
the designation of critical habitat. The
analysis presents data on the percent
change in timber production between
1990 and 2010 for each county, and on
the percent growth of annual industry
employment between 1989 and 2009 for
each county. In addition, the analysis
presents data on Federal land payments
to each of the 23 counties as a percent
of the total local government revenue in
FY 2009, demonstrating the relative
importance of these funds to each
county’s budget. The analysis then
concludes that five counties (including
Douglas County) may be more sensitive
to additional incremental changes in
timber harvests, industry employment,
and Federal land payments. Such data
are not readily available at a sub-county
level. We believe, however, the
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information provides sufficient context
for understanding relative economic
circumstances across the designation.
Comment (175): One comment states
that designating O&C lands as critical
habitat is inconsistent and in direct
conflict with the statutory provisions of
the O&C Act and Sec. 701(b) of FLPMA
(Federal Lands Policy management Act).
(‘‘O&C lands’’ refers to certain areas in
western Oregon established under the
O&C Act of 1937, and ‘‘O&C’’ counties
represent those counties containing
O&C lands). The Association of O&C
Counties asserts that the proposed
critical habitat designation will prevent
18 O&C counties from receiving
sufficient revenues on a sustainable
basis as required by the O&C Act, and
will result in employment and income
impacts on a local and regional scale.
Our Response: The designation of
critical habitat is not a land use
allocation. Under section 7(a)(2) of the
Act, each Federal agency must insure
that any action authorized, funded, or
carried out by the agency is not likely
to jeopardize the continued existence of
any endangered or threatened species or
result in the destruction or adverse
modification of the designated critical
habitat of the species. 16 U.S.C.
1536(a)(2). To help action agencies
comply with this provision, section 7 of
the Act and the implementing
regulations set out a detailed
consultation process for determining the
impacts of a proposed activity on
species listed as threatened or
endangered, or its designated critical
habitat. 16 U.S.C. 1536; 50 CFR Part
402. In Seattle Audubon Society v.
Lyons (‘‘Lyons’’), 871 F. Supp. 1291
(W.D. Wash. 1994), the district court
held that ‘‘the O & [C Act] does not
allow the BLM to avoid its conservation
duties under NEPA or ESA * * *’’ Id.
at 1314. The critical habitat designation
does not preclude the sustained yield
timber management of O&C lands
consistent with the above requirements
of the Act. The economic impact to local
counties of this critical habitat
designation will be determined by the
timber management direction the
Federal land managers take within
critical habitat lands. We believe the
ecological forestry techniques discussed
in this designation could allow for
timber harvest that is consistent with
critical habitat objectives and section
7(a)(2), thereby providing increased
revenues to affected counties. The
Service encourages land managers to
consider use of this type of forest
management in critical habitat where
appropriate.
As discussed in detail in Chapters 3
and 6 of the FEA, the O&C counties
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currently elect to receive Secure Rural
Schools and Community SelfDetermination Act (SRS) rather than
revenue-sharing payments from BLM
under the O&C Act. These payments are
supplemented by Payments in Lieu of
Taxes (PILT) (see paragraphs 128
through 130 of the FEA). Even absent
the designation of critical habitat, the
magnitude of future payments under
these programs is highly uncertain given
that these Federal programs have not
been reauthorized (i.e., SRS) or funded
(i.e., PILT) by Congress. If SRS and PILT
payments continue, the changes in
harvests on BLM lands will have
minimal to no effect on payments,
because SRS and PILT are not directly
linked to harvest levels. However, if
Congress decides to reduce or end
payments under SRS and PILT, counties
will shift back to receiving revenuesharing payments under the O&C Act,
and changes in timber harvests on BLM
lands will affect the size of these
payments. Importantly, we note that
under the third scenario analyzed in the
DEA, the potential decrease in harvest
from BLM lands represents
approximately 2 percent of total
harvests from BLM lands in these
counties (Based on BLM transaction
data over the last four quarters
(2011Q4–2012Q3) viewed at https://
www.blm.gov/or/resources/forests/blmtimber-data.php). Thus, if affected,
impacts to revenue payments resulting
from the designation are likely to be
small.
Comment (176): One commenter
states increased timber production often
has been associated with deteriorating
indicators of socio-economic well-being
in nearby rural communities, including
income, percent living in poverty, and
housing conditions, and noted a
positive relationship between the health
of local economies and the presence of
unlogged Federal forests.
Our Response: The comment cites
extensively from a report by the
National Resources Council (NRC) (NRC
2000). The committee was asked to
evaluate the nature of possible
economic and social costs and benefits
of alternative forest management
practices. The committee wrote,
‘‘[a]lthough the question is easy to ask,
it is hard to answer. Few social-impact
studies clearly tie social and economic
outcomes with specific forestmanagement practices, such as oldgrowth harvest rates, the use of
clearcutting as a harvest technique, or
the relative intensity of silvicultural
practices’’ (p. 163). The committee went
on to review a meta-analysis of the
relationship between varying levels of
timber dependence and measures of
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community well-being, which finds for
most relationships that ‘‘well-being
went up as timber dependency went
down’’ (p. 163). Furthermore, the
committee cited studies suggesting that
‘‘wilderness and amenity protection can
have a positive influence on certain
measures of community well-being,
although in-migration brings its own
difficulties’’ (NRC 2000, p. 164).
The NRC report concluded, ‘‘[d]iverse
economic conditions create diverse
opportunities and thus temper the
effects of timber industry fluctuations
on local communities’’ (p. 165). It went
on to note that ‘‘[a]s the importance of
extractive industry declines, the Pacific
Northwest communities are looking
toward tourism as a way to bolster their
economies * * * However, tourism by
itself is not a substitute for timber
industry jobs’’ (NRC 2000, p. 167).
In summary, the NRC report suggests
that economically diverse communities
are better off than communities that are
highly dependent on the timber
industry, and preserving wilderness can
attract new economic activity to
communities. We have added text
summarizing the NRC findings in the
FEA. However, the designation of
critical habitat does not preserve
wilderness. Furthermore reducing
timber harvests does not guarantee that
other sources of economic activity, such
as tourism or in-migration by wealthy,
highly educated individuals, will
generate enough new economic activity
to replace lost timber-related jobs and
wages. Finally, the designation is likely
to reduce or increase annual timber
harvests from Federal lands by less than
one percent. Thus, any changes in
economic diversity resulting from the
rule are likely to be difficult to measure.
Comment (177): One comment
suggests that the proposed critical
habitat designation will create a
regulatory hurdle that will impede the
construction of vital infrastructure
projects (roads, bridges, power lines,
and other utilities).
Our Response: Chapter 7 of the DEA
discusses the potential economic
impacts to road and bridge construction
and maintenance, and installation and
maintenance of power transmission
lines and other utility pipelines. The
analysis concludes that all potential
conservation efforts associated with
linear projects are expected to result
from the presence of the northern
spotted owl, not the designation of
critical habitat, and are thus considered
baseline impacts (see paragraphs 315
through 320 of the DEA). Incremental
costs attributable to critical habitat are
limited to the administrative costs of
additional hours spent by Federal
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agency staff and the Service to consider
critical habitat during section 7
consultation on these projects.
Comment (178): Many comments
describe the adverse impacts that
changes in the timber industry have had
on local and regional employment
levels, government revenues, and
overall socioeconomic conditions.
Several of these comments request that
these impacts be taken into
consideration in the economic analysis.
Our Response: Chapter 3 of the DEA
describes how, over the past 20 years,
the Pacific Northwest timber industry
has undergone significant changes that
have manifested in reduced timberrelated jobs and revenues. The analysis
provides detailed data on the changes in
timber production levels between 1990
and 2010, and on the changes in
industry employment and payroll
between 1989, 1999, and 2009 in each
of the 56 counties where critical habitat
was proposed. This information is
intended to provide context for the
analysis and illustrate the importance of
the timber industry to local economies.
In addition, Chapter 6 of the DEA
provides a detailed socioeconomic
profile of the 23 counties containing
proposed critical habitat subunits that
contain a higher proportion of Federal
lands that are relatively more likely to
experience incremental impacts due to
the designation of critical habitat. The
chapter examines trends in timber
harvests, industry employment, and
Federal land payments in these
counties, and concludes that certain
counties may be more sensitive to
additional incremental changes in
timber harvests, industry employment,
and Federal land payments.
Comment (179): The Small Business
Administration (SBA) expressed
concern that the Service does not have
an adequate factual basis for certifying
that the rule will not have a significant
economic impact on a substantial
number of small businesses. It disagrees
with the Service’s assertion that small
businesses are not directly regulated by
the proposed rule and states that the
Service incorrectly analyzes the
universe of affected small businesses by
counting the number of consultations
required by the designation, as opposed
to the number of all small businesses
affected by these consultations. SBA
also notes that the DEA states private
landowners may be affected if they have
federally funded or permitted activities
on Federal or private land, such as
participation in timber sales or timber
management projects or application for
a section 10 permit.
Our Response: The Service agrees
with SBA’s statement that small entities
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(businesses, governments) may be
affected by the designation of critical
habitat as third parties involved with
consultation under section 7 of the Act
with Federal action agencies. However,
we disagree that these entities are
directly regulated. This position is
supported by existing case law
regarding the certification requirements
under the Regulatory Flexibility Act
(RFA), the Small Business Regulatory
Enforcement Fairness Act (SBREFA)
(see paragraphs 378 through 381 of the
DEA), and SBA’s handbook, ‘‘A guide
for Government Agencies: How To
Comply With the Regulatory Flexibility
Act (2003). However, we believe it is
good policy to assess these indirect
impacts to third parties if we have
sufficient available data to complete the
necessary analysis, whether or not this
analysis is strictly required by the RFA.
Therefore, where third parties are
anticipated to participate in
consultations under section 7 of the Act
with Federal action agencies, these
entities are included in the screening
analysis (see paragraphs 383 through
392 of the DEA). Please refer to the
discussion under Regulatory Flexibility
Act later in this final rule and the FEA
for a more complete discussion of our
factual basis for certification under RFA
that this rule will not result in a
significant impact to a substantial
number of small entities.
Comment (180): An additional entity
asserts that the Service is incorrect in
stating that only Federal agencies will
be ‘‘directly regulated’’ by critical
habitat designation. It contends that
private sector entities relying directly or
indirectly on Federal timber sales are
also directly regulated. The entity cites
case law, stating, ‘‘The RFA requires
consideration of ‘the small entities
which will be subject to the proposed
regulation—that is, those small entities
to which the proposed rule will apply.’
Cement Kiln Recycling Coalition v.
E.P.A., 225 F. 3d 855, 869 (DC Cir.
2001).’’ A critical habitat designation
‘‘applies to’’ private parties as much as
Federal agencies; a private party seeking
a Federal permit that may affect
designated critical habitat cannot obtain
the permit until a consultation is
completed under section 7 of the Act,
and has the statutory right to participate
in that consultation. Thus, such entities
must be considered under the RFA.
Our Response: The Service’s current
understanding of recent case law,
including the Cement Kiln case, is that
Federal agencies are only required to
evaluate the potential incremental
impacts of rulemaking on those entities
directly regulated by the rulemaking;
therefore, they are not required to
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evaluate the potential impacts to those
entities not directly regulated. The
language from the Cement Kiln case
quoted by the commenter merely
restates the language of the RFA itself.
Several court decisions, including the
Cement Kiln decision, have interpreted
that language to require Federal
agencies to analyze the rule’s effects on
any small entities that are subject to—
that is, directly regulated by—the rule,
rather than requiring Federal agencies to
consider every potential impact that a
regulation may have on indirectly
affected small entities. See also Am.
Trucking Ass’ns v. Envtl. Prot. Agency,
175 F.3d. 1027 (D.C. Cir. 1999); Mid-Tex
Elec. Coop. v. Fed. Energy Regulatory
Comm’n, 773 F.3d 327 (D.C. Cir. 1985);
et al.
The regulatory mechanism through
which critical habitat protections are
realized is section 7 of the Act, which
requires Federal agencies, in
consultation with the Service, to insure
that any action authorized, funded, or
carried out by the Agency is not likely
to adversely modify critical habitat. The
designation of critical habitat for an
endangered or threatened species only
has a regulatory effect where a Federal
action agency is involved in a particular
action that may affect the designated
critical habitat. Under these
circumstances, only the Federal action
agency is directly regulated by the
designation, and, therefore, consistent
with the Service’s current interpretation
of RFA and recent case law, the Service
may limit its evaluation of the potential
impacts to those identified for Federal
action agencies. Under this
interpretation, there is no requirement
under the RFA to evaluate the potential
impacts to entities not directly
regulated, such as small businesses.
However, EO’s 12866 and 13563 direct
Federal agencies to assess costs and
benefits of available regulatory
alternatives in quantitative (to the extent
feasible) and qualitative terms.
Consequently, it is the current practice
of the Service to assess to the extent
practicable these potential impacts if
sufficient data are available, whether or
not this analysis is believed by the
Service to be strictly required by the
RFA. In other words, while the effects
analysis required under the RFA is
limited to entities directly regulated by
the rulemaking, the effects analysis
under the Act, consistent with the EO
regulatory analysis requirements, can
take into consideration impacts to both
directly and indirectly impacted
entities, where practicable and
reasonable.
Therefore, as discussed in the
previous response, where third parties
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are anticipated to participate in section
7 consultations, these entities are still
included in the screening analysis if
sufficient data is available to complete
the necessary analysis. The direct
compliance costs of section 7
consultations concerning timber sales
are the administrative costs of
conducting the consultation, which are
primarily borne by the Service and the
Federal Action Agency, and potential
changes in revenues to Federal agencies
from timber sales.
Potential impacts to the profitability
of timber industry entities resulting
from changes in the price or availability
of timber represent an indirect effect of
the regulation. In this case, we note that
potential changes in timber harvests are
anticipated to be less than one percent
of average annual harvests in the region
subject to the designation.
Comment (181): The SBA states that
the Service underestimates the
economic impact of the rule on the
timber industry and private landowners
because, in its screening analysis, it
only considers administrative costs of
section 7 consultations, rather than
quantifying the costs of project
modifications resulting from those
consultations.
Our Response: Project modification
costs quantified in the DEA result from
changes in the quantity of timber
harvested on Federal lands. As
discussed in detail in Chapter 4 of the
DEA, section 7 consultations on the sale
of timber from Federal lands may result
in an increase, decrease, or no change in
harvest levels, based on several
plausible assumptions. We note that if
future harvests are restricted, total
annual harvests could decrease by 24.56
million board feet (MMBF). This
decrease represents less than one
percent of 2010 total harvest and the
average annual harvests between 2006
and 2010 across the 56-county area
overlapping proposed critical habitat.
The designation may also result in an
increase in annual harvests of 12.28
MMBF, or less than half a percent of
total annual harvests in the 56-county
area. Finally, it is possible that harvest
levels will not change a result of the
designation. In summary, the proposed
rule is anticipated to have a minor
impact on future harvest levels.
Although the Service has estimated
these potential impact scenarios relative
to the total harvest, the agency
acknowledges that the designation of
critical habitat may have indirect
impacts on industry subsectors and/or
related sectors with high concentrations
of small businesses. However, a more
detailed analysis capturing these
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impacts is not available to the agency at
this time.
The direct cost (or benefit) of these
section 7 project modifications is a loss
(or gain) in Federal revenues collected
by the U.S. Forest Service and the U.S.
Bureau of Land Management resulting
from the associated timber sales.
Stumpage values related to these effects
are summarized in Exhibit ES–4 of the
DEA. In the FEA, we include additional
information in the RFA/SBREFA
screening analysis (Appendix A)
describing these project modification
costs, which are borne entirely by
Federal agencies.
The potential indirect effects of these
lost Federal revenues, in terms of
implications for County revenue sharing
programs, are discussed in Chapter 6 of
the DEA (see paragraphs 293 through
299). In addition, Chapter 6 also
identifies the counties with Federal
lands more likely to experience changes
in harvest levels as a result of the
designation and provides background
information on harvest and employment
trends in these counties.
Comment (182): Several commenters
stated that the DEA misrepresented the
baseline or underestimates timber
harvest impacts on Federal lands. One
commenter in particular asserts that the
true baseline is best represented by the
land management plans that have been
adopted by BLM and FS, in which
planned annual harvest volumes may
total 840 MMBF across all lands
encompassed by the NWFP.
Our Response: The baseline
projection should represent the best
estimate of the world absent critical
habitat, given the best available data.
Relying on this criterion, the baseline
projection first focuses on areas of the
proposed designation where
incremental impacts to Federal timber
harvest are relatively more likely to
occur as a result of critical habitat. As
identified in the Incremental Effects
Memorandum, these areas include
matrix lands that are likely to be
unoccupied by the northern spotted
owl, representing approximately 1.4
million acres of matrix lands out of
approximately 12 million Federal acres
in the proposed designation. Given that
incremental impacts, if any, are likely to
occur primarily in these more discrete
areas, a projection utilizing the rangewide planned harvest levels
contemplated under the NWFP would
overstate baseline conditions.
Second, based on historical
experience, projected actual timber
harvest in the baseline on USFS and
BLM lands is likely to be less than that
in the formally-approved land
management plans under the NWFP.
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Federal land managers have not
achieved this level of timber harvest
over the past several years, and do not
anticipate this level of harvest in the
future, providing further confirmation
that the identified long-term sustained
yield of 840 MMBF associated with
these plans would overstate the
baseline.
For those matrix areas where
incremental effects may be relatively
more likely to occur, the FEA utilizes a
variety of planned, historical actual, and
projected actual timber harvest data
provided by BLM and FS to derive the
annual baseline projection, which totals
approximately 123 MMBF. This
projection is then appropriately
caveated, with the FEA noting that
within the discrete areas of each subunit
where incremental effects may occur,
the subunit level projection could vary
materially from future actual timber
harvest in these areas.
We note further, however, that based
on comments received from Federal
land managers, we have added an
additional sensitivity analysis to
Chapter 4 of the FEA. Specifically, the
sensitivity analysis tests alternative
assumptions concerning: (a) The
percentage of northern spotted owl
habitat on BLM matrix lands that is
likely to be unoccupied, which
increases the acreage where incremental
timber harvest impacts may occur and
thus the baseline projection; and (b) the
baseline harvest projection for USFS
Region 6, where we assume a 20 percent
increase in baseline timber harvest
relative to historical yields.
Comment (183): Several commenters
questioned whether the DEA was
meaningful, because it displays results
as a menu of choices, including a
potential increase in timber harvest on
Federal lands. In addition, one
commenter contemplated a potential
reduction in annual planned harvest
volumes of 500 MMBF as a result of
critical habitat designation.
Our Response: The DEA presented
alternative scenarios due to
considerable uncertainty regarding the
specific projects that may be proposed
or management options that Federal
land managers may consider. These
scenarios are intended to present a
range of estimates for the potential
incremental impacts of various options
for complying with section 7 available
to Federal agencies. Based on the best
available data and information, these
decisions, including the adoption of
ecological forestry practices, may result
in harvest levels being maintained (as
described in Scenario #1), increased
(Scenario #2), or decreased (Scenario
#3). This range of estimates is not meant
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to be interpreted as ‘‘over 100 potential
outcomes.’’ Statistical analyses
frequently account for uncertainty by
presenting a range of estimates in which
each individual data point is not
considered an independent outcome.
One purpose of this analysis was to aid
the Secretary in determining if any
lands should be excluded due to the
financial burden associated with the
designation, and this analysis does so by
identifying the subunits and relevant
landowners for whom incremental
impacts are relatively more likely to
occur, as demonstrated through these
scenarios.
With respect to the representation of
the potential 500 MMBF reduction in
annual timber harvest, this figure
overstates any possible effect of critical
habitat. This volume is roughly
equivalent to the total harvest on the
National Forest System and BLM lands
in the NWFP area in recent years, and
is roughly five times the baseline
harvest projection for potentiallyaffected areas. The figure implies that
the designation will largely preclude
any timber harvest whatsoever on
Federal lands operated under the
NWFP. Based on the historical record of
actual timber harvest volumes and the
best available information concerning
potential future harvest activity under
the designation, we reject this
representation.
Comment (184): One comment
suggested that the DEA underestimated
the administrative costs associated with
consultations.
Our Response: The additional burden
of 4 to 6 hours described in the FEA
reflects an incremental impact to
consultations that would already occur
due to the listing of the species. These
costs do not reflect the total cost of
consultations that would occur absent
the critical habitat designation. The FEA
discusses additional consultations that
would not have occurred but for the
critical habitat designation.
Comment (185): One commenter
stated that the high-impact economic
estimate based on a $250/mbf stumpage
value underestimates the true economic
costs of the proposed designation, and
that a stumpage rate of $350/mbf is
more realistic.
Our Response: The stumpage values
in the economic analysis ($100 to $250/
mbf) reflect a wide range of historical
values for timber harvest from Federal
lands for the years 2000 to 2011 (the
most recent estimates that were
available). Average stumpage prices
vary by forest, species, product, and
year, reflecting, among other things,
shifts in economic demand. Exhibit 4–
11 presents a weighted average of
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stumpage values across USFS National
Forests and BLM districts within the
proposed critical habitat designation for
each Federal land manager. These
values best represent the average price
of timber sold in areas of concern where
incremental effects are relatively more
likely to occur. Please see chapter 4.4.3
of the FEA for further explanation of
how we arrived at these values.
However, even if we apply the $350/mbf
figure, the annual high-impact result
would increase by $2.5 to $2.9 million,
which is still a relatively small
incremental impact.
Comment (186): One submission
noted that a number of Pacific
Northwest Ski Areas Association
(PNSAA) member ski areas operate on
National Forest System (NFS) land
potentially within the range of the
northern spotted owl. The primary
request of the comment is that areas
covered by special use permits (SUPs)
under which the ski areas operate be
excluded from the final designation.
The comment goes on to note potential
burdens critical habitat designation may
entail for these areas and their economic
impact. This economic activity and any
related regulatory impacts are not
addressed in the draft economic
analysis.
Our Response: While ski areas are
found on a very small proportion of the
forested lands in the Pacific northwest,
our analysis found these lands provide
essential high-value northern spotted
owl habitat to the critical habitat
network. Currently, impacts to northern
spotted owl habitat in these areas are
subject to the section 7 consultation
process for effects to northern spotted
owls. Our experience shows that ski
area development actions generally tend
not to conflict with northern spotted
owl and critical habitat conservation
needs, so we do not anticipate any
significant regulatory burden associated
with the designation of these lands as
critical habitat. Removing lands
managed under ski area special use
permits would increase fragmentation of
the critical habitat network and
potentially continuous tracts of northern
spotted owl habitat. Therefore, there is
a greater benefit to the species
associated with retaining ski areas in the
critical habitat designation. In situations
involving the imminent loss of human
life or property the managing agency
should implement emergency section 7
measures to avoid compromising public
safety. A note regarding ski area
activities and their economic impact has
been added to Chapter 1 of the FEA.
Comment (187): Several submissions
commented upon how critical habitat
may affect wildfire risks and related
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coverage of this issue in the draft
economic analysis. One comment
asserts that critical habitat makes fuel
management more difficult, resulting in
the destruction of habitat. Another
comment notes the prospect of reduced
fire risk under critical habitat due to
restoration of riparian forests or road
closure.
Our Response: The FEA addresses the
potential impacts of critical habitat on
fire management in Chapters 4 and 8. In
Chapter 4, the FEA discusses the fact
that ecological fire salvage activities
contemplated as part of proposed
critical habitat designation on both
reserved and nonreserved lands may
result in incremental economic effects.
Due to data limitations and fire location
uncertainty, however, these effects are
not quantified. In the benefits
discussion in Chapter 8, the FEA
recognizes that it is possible that the
designation could result in increased
resiliency of timber stands associated
with improved timber management
practices, such as thinning, partial
cutting, and adaptive management and
monitoring. These efforts may reduce
the threat of catastrophic events such as
wildfire, drought, and insect damage.
This in turn may generate benefits in the
form of reduced property damage.
Comment (188): One comment noted
that the DEA only considers impacts
related to logging, and limits its
coverage of many other economic
purposes that critical habitat may
negatively affect.
Our Response: Based on a review of
the consultation record, recognized
threats to the species, and other related
information, the FEA focuses on those
economic activities that could be
materially affected by the designation.
These activities include timber harvest
on public and private lands, fire
management activities, and linear
projects (roads, gas pipelines, utility
lines, etc.). We are not aware of other
economic activities that will be
materially affected by the designation.
In addition, the FEA qualitatively
considers potential benefits from the
designation on certain activities,
including recreation.
Comment (189): Multiple submissions
assert that the DEA does not sufficiently
consider the cumulative economic
impacts of northern spotted owl
conservation efforts since the time of its
listing, instead focusing primarily on
the potential incremental impacts of the
proposed critical habitat designation
prospectively.
Our Response: The U.S. Office of
Management and Budget’s (OMB)
guidelines for best practices concerning
the conduct of economic analysis of
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Federal regulations direct agencies to
measure the costs of a regulatory action
against a baseline, which it defines as
the ‘‘best assessment of the way the
world would look absent the proposed
action.’’ (OMB, ‘‘Circular A–4,’’
September 17, 2003, available at https://
www.whitehouse.gov/omb/circulars/
a004/a-4.pdf.) The baseline utilized in
the DEA is the existing state of
regulation, prior to the designation of
critical habitat, which provides
protection to the species under the Act,
as well as under other Federal, State,
and local laws and guidelines. To
characterize the ‘‘world without critical
habitat,’’ the DEA also endeavors to
forecast these conditions into the future
over the timeframe of the analysis,
recognizing that such projections are
subject to uncertainty. This baseline
projection recognizes that the northern
spotted owl is already subject to a
variety of Federal, State, and local
protections throughout most of its range,
due to its threatened status under the
Act and regardless of the designation of
critical habitat.
Significant debate has occurred
regarding whether assessing the impact
of critical habitat designations using this
baseline approach is appropriate, with
several courts issuing divergent
opinions. Courts in several parts of the
country, including the 9th Circuit Court
of Appeals, which has jurisdiction in
Washington, Oregon, and California,
have ruled that the consideration of
economic impacts in the designation of
critical habitat should be based on the
incremental impacts of the designation.
See, e.g., Home Builders Association of
Northern California v. United States
Fish and Wildlife Service, 616 F.3d 983
(9th Cir. 2010), cert. denied, 179 L. Ed.
2d 301; Arizona Cattle Growers v.
Salazar, 606 F.3d 1160 (9th Cir. 2010),
cert. denied, 179 L. Ed. 2d 300.
Chapter 3 of the FEA provides
extensive discussion of the historical
and current economic conditions
against which critical habitat is
designated. Specifically, the document
provides data, by each of the 56
counties overlapping the proposed rule,
on changes in timber harvests, timber
industry employment, and timber
industry payroll since 1989. It also
provides a detailed discussion of the
existing revenue-sharing programs
related to timber harvests and the data
describing which counties are most
reliant on these programs.
Comment (190): One comment states
that, while accepted in the academic
literature, existence values, contingent
values, recreational hedonic values, and
other nonmarket values that might be
assigned to critical habitat designation
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are unreliable and irrelevant where the
only benefit of relevance to the
decisionmaker is the conservation of a
listed species. The Act calls for a costeffectiveness approach where the
Service should seek to minimize the
economic costs and burdens that must
be incurred to designate only that
habitat that is essential for species
conservation. Other benefits are
irrelevant and should not be offset
against the costs.
Our Response: The valuation of
nonmarket goods as part of the
evaluation of the benefits of proposed
Federal regulations is a widely accepted
and regularly applied practice. The U.S.
Office of Management and Budget
(OMB) explicitly recommends the use of
revealed preference (recreational
demand models, hedonics) and stated
preference methods (contingent
valuation) in its guidance to Federal
agencies (Circular A–4) on best practices
for preparing regulatory analysis
required by Executive Order 12866.
Circular A–4 includes criteria for
conducting and applying stated
preference studies, which are commonly
used to measure existence values.
Chapter 8 of the FEA describes the data
limitations preventing the Service from
quantifying or estimating the value of
these benefits. Thus, the direct benefits
of the designation are described
qualitatively.
In weighing the benefits of including
an area in critical habitat as opposed to
excluding it, ancillary benefits may be
considered, although we agree with the
comment that the most relevant benefit
of designating critical habitat for the
northern spotted owl are the benefits to
the species’ conservation and recovery.
However, ancillary benefits are relevant
only to a decision whether to exclude an
area under section 4(b)(2) of the Act, not
to the threshold determination that an
area meets the definition of critical
habitat. We agree that only lands that
meet the definition of critical habitat
(areas occupied at the time of listing
containing features essential to the
species’ conservation or unoccupied
areas that are themselves essential to the
species’ conservation) should be
designated.
Comment (191): One comment states
that most of the economic benefits (e.g.,
existence value, wildlife viewing,
ecosystem services) derive from the
listing; the incremental benefit of
critical habitat is negligible to
nonexistent.
Our Response: As discussed in detail
in the DEA, particularly Chapter 4, the
designation of critical habitat may result
in changes in timber management
practices. These physical changes are
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likely to support the conservation and
recovery of the northern spotted owl. As
described in Chapter 8 of the DEA
(paragraphs 342 through 343), the
benefits of the regulation in terms of
improved probability of northern
spotted owl conservation and recovery
are difficult to quantify due to existing
data limitations.
Comment (192): Several commenters
asserted that in not attempting to
quantify environmental and ecosystem
services benefits, the Service is not
employing the best available science
regarding the benefits that endangered
species and their critical habitat
provide, and is undervaluing the
economic benefits of the designation.
The comment asserts that multiple
global efforts have been developed to
quantify ecosystem services in order to
inform policy, promote incorporating
ecosystem services into decision
making, and provide guidelines to
assess costs and benefits of policies and
better account for ecosystem service
effects. Commenters encourage the
Service to make a credible (if rapid)
attempt to value ecosystem service
benefits and consider ecosystem
services.
Our Response: The Service recognizes
that much attention has been paid
nationally and globally to valuing
ecosystem services provided by
landscapes. Published, peer-reviewed
studies provide information on values of
multiple categories of ecosystem
services (e.g., agricultural production,
water quality regulation, carbon storage
and sequestration, recreation, aesthetic
values, etc.) across a variety of land use
types (e.g., wetlands, forests, etc.). Over
the past 20 years, multiple studies have
relied on this literature to develop largescale benefits transfer analyses in order
to estimate a total value of a parcel of
land, a watershed, a State, or even the
planet (e.g., Costanza 1997, as described
in the comment letter).
The first comment focuses in
particular on the potential relevance to
the DEA of a large-scale benefits transfer
estimate developed for the Skykomish
watershed. This study is characterized
as a ‘‘rapid ecosystem service
valuation.’’ In general, the authors first
identified land cover types present in
the watershed, identified the categories
of ecosystem services relevant to those
types, and then researched existing
studies valuing those categories of
ecosystem service benefits. From the
available literature, the authors
estimated a range of values for each
category of ecosystem service by relying
on the low end and high end estimates
identified. The authors then summed
across relevant ecosystem service values
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to estimate a value range for each land
cover type, and summed across the land
cover types within the watershed to
estimate a value range for the entire
Skykomish watershed of $245 million to
$3.3 billion per year.
While case- and site-specific
modeling to value ecological benefits is
preferable, the Service agrees that
benefits transfer methods may be useful
in the absence of resources for intensive
primary research. To use these methods
in support of Federal rulemakings, OMB
has developed guidelines for conducting
credible benefits transfer. A rapid
assessment of ecosystem services, such
as that developed for the Skykomish, is
unlikely to meet the criteria specified by
OMB. Multiple responses to similar
large-scale benefits transfer studies have
highlighted the theoretical and practical
problems associated with estimating
and extrapolating per-acre estimates of
values taken from other studies of
ecosystem services (e.g., Bockstael et al.,
2000).
First, this approach ignores sitespecific factors affecting the production
of services by not accounting for
variations in the condition or quality of
an ecosystem. For example, a less dense
or degraded forest area stores less
carbon than a dense, healthy forest. The
extent to which a given acre of land
delivers ecosystem services also
depends on the surrounding land uses.
For example, a wetland downslope of
cropland may provide a valuable service
by filtering nitrogen runoff and
decreasing the total amount of the
nutrient reaching a water supply,
whereas a wetland surrounded by forest
is unlikely to intercept such runoff to
begin with and, therefore, would not
provide this service. By relying on sitespecific studies valuing these types of
services in other areas—the Skykomish
study relies on a variety of studies of
ecosystems all across the country—these
differences are not taken into account.
In addition, benefits transfer for rapid
assessments, such as the Skykomish
study, fail to account for differences in
values associated with differences in
socioeconomic context between sites.
For example, the recreational value of a
forest depends on multiple site-specific
socioeconomic factors such as
accessibility (landownership and
proximity to roads and towns). In
transferring values of ecosystem services
from other studies, the Skykomish study
fails to account for such ecological and
socioeconomic context affecting these
values. This represents one reason we
do not rely on the values presented in
this study in the DEA.
Second, rapid assessments do not
provide information on the effects of
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changes in the condition or quality of an
ecosystem on the associated service
values. The Skykomish study assigns an
equal value to all ‘‘forest’’ acres and
therefore does not provide any
information to support an analysis of
the ecosystem service benefits of
changes in the management of a forest.
It is the incremental change in the value
of a service provided that is relevant to
the DEA. For example, the DEA
concludes critical habitat designation
for the northern spotted owl may result
in the harvest of fewer board feet of
timber in a portion of the forests.
Decreased harvest of trees may not
change the land cover type (forest) as
characterized in the rapid assessment; it
simply affects the density of the trees in
given areas. The rapid assessment
approach does not address such
differences across areas within a land
use type (i.e., forests); rather, it is more
useful in comparing the ecosystem
services provided across different land
use types (i.e., deserts, prairie, forests,
marshes) and is therefore of limited use
in evaluating tradeoffs associated with
changes in the condition of a given
ecosystem.
Consequently, absent a full-scale
change from one ecosystem type to
another, the rapid assessment approach
to valuing benefits of critical habitat
designation does not provide a valid
approach to quantifying the ecological
benefits of critical habitat designation
for the northern spotted owl. While the
DEA provides information on the types
of services associated with the
ecosystems types potentially affected by
the designation, it does not attempt to
perform a rapid assessment of the values
of these services, for the reasons stated.
Comment (193): One commenter
suggested that the Service could employ
any of three approaches to value
ecosystem service benefits of critical
habitat designation: (1) The Integrated
Valuation of Ecosystem Services and
Tradeoffs (InVEST) model; (2) the
Ecosystem Services Review Method;
and (3) the Wildlife Habitat Benefits
Estimation Toolkit. The comment states
that all three are available and ready for
immediate, widespread use. A second
comment states that the Service is far
behind the ecosystem services valuation
curve.
Our Response: The Service recognizes
that multiple tools exist that focus on
evaluating ecosystem service benefits of
land management changes. The authors
of the DEA have experience with a
number of these methods, including the
InVEST tool and the Wildlife Habitat
Benefits Estimation Toolkit. As a
practical matter, the InVEST tool could
be used to evaluate potential ancillary
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benefits of critical habitat for the
northern spotted owl. The tool
comprises a series of biophysical and
economic models that aim to translate
changes in a given landscape into
changes in the delivery of multiple
ecosystem services. These models are
data-intensive and require site-specific
information.
For each ecosystem service, InVEST
relies on two separate models: One that
estimates the biophysical change in the
delivery of a service and, for some
services, a second economic model that
monetizes that change. For example, to
estimate the change in water quality
resulting from changes in the
management of a given forest, the
following types of detailed, on-theground, data would be required as
inputs to the biophysical model: A
digital elevation model, soil depth,
plant available water content (the
fraction of water that can be stored in
the soil profile for plants’ use), root
depth of vegetative cover,
evapotranspiration, nutrient or sediment
loading for each land use type across the
landscape, the vegetation filtering
capacity of the land cover (as a function
of the type and density of vegetation),
and pre-existing water quality
conditions for model calibration (e.g.,
nitrogen, phosphorus, or sediment
concentrations). While some of these
data are available; some would need to
be generated at a relatively fine level of
resolution in order to model the
incremental changes in the ability of the
landscape to filter pollutants likely to
result from the designation. The InVEST
tool values this service in terms of
changes in treatment costs for nutrients
or sediment. These costs are likewise
site-specific.
This effort is particularly significant
in light of the conclusion of the DEA
that the critical habitat designation is
most likely to generate only minor
incremental changes in the management
of land uses within the designation. The
key change is a potential increase or
decrease in timber harvest of less than
one percent in the region. While the
analysis describes qualitatively that this
change potentially could generate some
marginal improvements in services such
as water quality regulation, these
benefits are expected to be relatively
minor, ancillary benefits of the rule. The
same is true of application of other
models to evaluate benefits, such as the
Multiscale Integrated Model of
Ecosystem Services (MIMES), also
described in the comment. Finally, the
areas most likely to produce these
ancillary benefits (e.g., Federal matrix
lands) are included in the final
designation; thus additional analysis of
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the ancillary benefits of including these
areas would not change the final
regulatory decision. The DEA therefore
provides qualitative information to the
Service regarding potential ancillary
benefits.
The objective of the Ecosystem
Services Review (ESR) Method is to
provide companies with information on
how their business depends on
ecosystem services, whether their
business affects their (or others’) ability
to access these services, and
opportunities to capitalize on and
minimize effects on these services. The
ESR is not a quantitative tool but a
series of steps embedded in a
spreadsheet model to help users
incorporate consideration of ecosystem
services into business decisionmaking.
While useful to corporations, it is
unclear how this tool may be used to
improve the benefits discussion in the
DEA. Section 8.2 of the DEA describes
potential categories of ancillary
ecosystem service benefits that may
result from the designation and where
(in which units) these benefits may
occur. This information is provided for
the Service to consider alongside the
costs. The ESR does not provide a
means to value these services.
The Wildlife Habitat Benefits
Estimation Toolkit is a benefits transfer
tool developed by the Defenders of
Wildlife and Colorado State University
for the purposes of valuing ecosystem
services associated with species and
habitat conservation, such as property
values, recreation, and existence values.
The benefits transfers facilitated by this
toolkit suffer from some of the same
issues as the rapid assessment described
above. The policy context or sites
subject to analysis are most often not
transferable to the issue being evaluated:
In this case, the land management
changes resulting from the critical
habitat designation for the northern
spotted owl.
Comment (194): One organization
stated the DEA is incomplete, in part
because it focuses too narrowly on
impacts to the timber industry, while
the final designation will also affect the
economies of the region in other ways.
Specifically, two comments stressed
that the analysis should consider the
total value of the goods and services
provided by forests in this region,
including reduced wildfire threats,
reduced impacts of droughts, reduced
threat of insect damage, reduced
property damage due to these risk
reductions, increased quality or quantity
of recreational activities, aesthetic
improvements for people passing on
nearby roads, carbon sequestration, and
improved water quality.
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Our Response: The economic
analysis’s focus on changes in timber
harvest practices is appropriate because
this activity is the conduit for all other
‘‘on-the-ground’’ changes, positive or
negative, resulting from the designation.
Increases or decreases in timber harvests
could positively or negatively affect
regional socioeconomic conditions.
Thus, Chapter 3 of the DEA provides
context explaining historical and
current conditions, and Chapter 6
identifies counties that may experience
the greatest impacts. The same changes
in timber harvests could affect the
northern spotted owl’s conservation and
recovery, discussed in Chapter 8 of the
DEA. Finally, these changes in timber
harvests are the driver of the potential
changes in other ecosystem services,
including recreational opportunities,
described in the comment. These
ancillary benefits are also described in
Chapter 8 of the DEA.
Responses provided to earlier
comments review the best available
modeling tools for quantifying and
valuing ecosystem services and describe
why these tools were not employed in
this instance. In the FEA, we expand
our qualitative discussion of potential
ancillary benefits to include the broader
set of ecosystem service categories
discussed in the comment.
Comment (195): One organization
states that OMB’s Circular A–4 is
fundamentally flawed in excluding the
flow of ecosystem services from the
baseline and recommending discounting
practices that are inconsistent with
ecosystem service valuation. The
comment further states that Circular A–
4 is insufficient because it provides the
Service with a rationale to avoid
quantifying the benefits of critical
habitat designation by allowing for a
qualitative assessment where benefits
are ‘‘difficult to quantify.’’
Our Response: The conceptual
framework of the FEA is to evaluate
impacts by comparing the world
without critical habitat (baseline) to the
world with critical habitat. The
difference between these two states
represents the incremental impacts of
the rule. Thus, the FEA does not
exclude the flow of ecosystem services
from the baseline. To understand how
the flow of ecosystem services may
change, one must first understand the
categories and magnitude of existing
services. In this way, while not
explicitly quantified in the analysis, the
current flow of ecosystem services is
implicitly captured in our
characterization of the baseline
condition.
Put another way, the organization
appears to be asking us to first present
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the total value of all services provided
by forests included in proposed
designation. Then, our analysis would
estimate the value of the incremental
change in quality and quantity of these
services as a result of the designation.
Such an effort would be equivalent, on
the cost side of the analysis, to first
presenting the total value (in terms of
stumpage prices) of all the timber found
in proposed critical habitat, and then
presenting the value of the change in the
amount of timber harvested as a result
of the regulation. On both sides of the
equation, providing a monetized
estimate of the value of the baseline
resources is not a necessary step to
understanding the value or the change
in services resulting from the
designation. Correctly characterizing the
baseline conditions is necessary, but
valuation efforts appropriately focus on
what will change, rather than what
exists today.
Substantial debate surrounds the
selection of appropriate discount rates
for ecosystem services. While Circular
A–4 recommends applying discount
rates of 7 and 3 percent for regulatory
analyses, it does not preclude the
application of alternative discount rates
for comparison. The comment
recommends assessing ecosystem
services benefits using discount rates of
zero and one percent, in addition to
three and seven percent. Because
ecosystem services are not quantified in
the economic analysis, we do not
consider additional sensitivity analysis
around the discount rate assumption.
Further, such an effort would require
some data that are not currently
available.
Comment (196): One comment states
that the cost of avoiding carbon
emissions is less than the cost of climate
mitigation, and several studies have
shown that changing forest practices is
one of the more efficient and
economical ways to store carbon and
reduce emissions. Given that carbon
storage is just one of the many
important ecological services provided
by mature and old forest, every effort
should be made to avoid as much
warming as possible by protecting
mature forests.
Our Response: We have added
discussion of the potential for increased
carbon sequestration to Chapter 8 of the
FEA.
Comment (197): A comment asserts
that the Presidential Memorandum to
the Secretary of the Interior on the
northern spotted owl is not consistent
with the Endangered Species Act
because it states that ‘‘the benefits of
excluding private lands and State lands
may be greater than the benefits of
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including those areas in critical
habitat.’’ The commenter is concerned
that this statement is made in the
Presidential Memorandum without an
attempt to quantify ecosystem services
benefits of the designation on these
lands, and these benefits are therefore
given an effective price of zero.
Our Response: We do not believe that
the directive in the Presidential
memorandum is inconsistent with
section 4(b)(2) of the Act, which states
that the Secretary may exclude areas
from critical habitat if the benefits of
exclusion outweigh the benefits of
inclusion, as long as failure to designate
such areas will not result in extinction
of the species. The purpose of the
economic analysis is to provide the
Secretary of the Interior with
information to support analysis of
where the benefits of excluding a
particular area may outweigh the
benefits of including that particular area
as critical habitat. In providing the
qualitative discussion of benefits, the
FEA does not assign zero values to these
potential benefits; this discussion is
provided for the Secretary to consider
alongside the quantitative information
provided.
Comment (198): One commenter
stated that the DEA estimates the
benefits of increased timber production
in terms of the market value of the logs,
but ignores the costs to Federal agencies
of producing the logs (i.e., costs of
managing the land for timber
production and executing the timber
sales), and that the total cost to
taxpayers may exceed the logs’ market
value.
Our Response: In support of its
comment that the costs to Federal
agencies (and ultimately taxpayers) of
timber sales exceeds the revenues from
the sales, the commenting organization
cites several studies from the early
1980s, as well as a more recent report
published by the Congressional
Research Service (CRS) in 2004 (Gorte,
R.W. 2004, Below Cost Timber Sales: An
Overview, CRS, Order Code RL32485).
We agree that whether the net benefit
of timber sales in terms of costs and
revenues is positive has been the subject
of much debate. CRS summarizes this
debate and notes ‘‘the estimates of
financial results of [USFS] timber sales
vary widely. This disparity is due to
differences in basic approach—profitand-loss, cash flow, or other approach—
and in assumptions about relevant
costs’’ (Gorte, R.W. 2004, summary
page). In particular, CRS notes differing
assumptions regarding which Agency
costs are relevant and how to allocate
those costs to specific sales may result
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in different answers using the same
basic accounting approach.
CRS also notes that the USFS sells
timber for many reasons, such as ‘‘to
generate receipts, to supply wood for
manufacturers, to provide employment,
to expand access for motorized vehicles,
to alter the composition and distribution
of vegetation in the area, and more’’ (p.
5). The ‘‘value’’ of all of these positive
attributes of the sales may not be
captured in the stumpage price paid by
the loggers or mills purchasing the
timber, as many of these attributes
represent market externalities.
Furthermore, ‘‘the multiple outputs,
environmental impacts, and differing
time scales of timber sales and related
activities make identifying relevant
costs and comparing them with relevant
revenues problematic. Two decades of
debate have not resolved the dilemma,
and further debate seems unlikely to
result in widespread agreement’’ (Gorte,
R.W. 2004, p. 7).
Thus, whether the Federal agency
costs of baseline timber sales
anticipated in the absence of critical
habitat, or new sales potential generated
by the designation, exceed revenues is
unknown. However, the fact that these
sales are often conducted for multiple
purposes, such as improved ecosystem
services or regional employment, and
those purposes may have value that is
not captured in stumpage prices,
suggests that our assumption that the
benefits of the sales exceed costs is not
unreasonable.
Comments on the Economic Analysis
From Counties
Comment (199): Several counties
including Wasco, Del Norte, Klickitat,
and Skamania Counties expressed
criticism of the Draft Economic
Analysis, including concerns about the
incremental analysis approach and the
negative economic impact of reducing
or restricting commercial timber harvest
on local communities (employment, tax
base, quality of life, and other
socioeconomic impacts).
Our Response: The economic impact
to local counties of this critical habitat
designation will be determined in large
part by the timber management
direction the Federal land managers
take within critical habitat lands. Project
modification costs quantified in the FEA
primarily result from changes in the
quantity of timber harvested on Federal
lands. As discussed in detail in Chapter
4 of the DEA, section 7 consultations on
the sale of timber from Federal lands
may result in an increase, decrease, or
no change in harvest levels, based on
several plausible assumptions. We note
that if future harvests are restricted,
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total annual harvests could decrease by
24.56 million board feet (MMBF). This
decrease represents less than one
percent of 2010 total harvest and the
average annual harvests between 2006
and 2010 across the 56-county area
overlapping proposed critical habitat.
The designation may also result in an
increase in annual harvests of 12.28
MMBF, or less than half a percent of
total annual harvests in the 56-county
area. Finally, it is possible that harvest
levels will not change as a result of the
designation. In summary, the
designation is anticipated to have a
minor impact on future harvest levels.
The DEA used a filtering approach to
identify those specific areas where
incremental timber harvest effects may
occur. Further explanatory detail on
these methods has been added to
Chapter 4 of the FEA. In addition, the
chapter also notes the potential effects
to the baseline timber projection related
to increasing the percentage of matrix
lands with northern spotted owl habitat
that are likely to be unoccupied.
Comment (200): Two small county
governments submitted comment stating
the proposed rule would have
disproportionate impacts on local
employment, payroll, and county
services funded by revenues-sharing
programs and taxes. They provide data
describing economic conditions in the
1970s and 1980s, and describe the
economic decline experienced since the
owl was listed in 1991.
Our Response: We recognize that
many small governments have
experienced significant changes in
employment, payroll, and county
revenues as a result of the decline in the
timber industry over the last 21 years.
Chapter 3 of the DEA provides detailed
data by county describing these changes
and providing context for the analysis.
Chapter 6 provides information specific
to the counties where changes in
Federal timber harvests are relatively
more likely. We note that these counties
are not directly regulated by the
designation of critical habitat for the
northern spotted owl; rather, potential
impacts result from changes in harvest
practices on Federal lands or where
other Federal actions may be involved.
Given the numerous factors affecting
the future of the industry, including
changes in the availability of Federal
timber, mechanization, transfer of
capital investment away from the
region, closure of less efficient mills,
and fluctuating demand for wood
products, we are unable to provide
quantitative projections of future
timber-related employment.
Furthermore, as discussed in Chapters 3
and 6 of the DEA, uncertainty regarding
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the future of existing county revenuesharing programs, such as PILT and
SRS, confound our ability to predict
potential changes in county revenues.
However, we note that reasonable
assumptions suggest overall changes in
harvest levels resulting from the
designation are likely to be less than one
percent of current levels. Chapter 6 of
the DEA discusses the counties most
likely to see the largest changes. In
addition, most of the costs cited by the
commenter, if not all, are attributable to
the listed status of the northern spotted
owl, rather than the incremental effects
of critical habitat.
Comment (201): Several county
governments reference a report prepared
by the Sierra Institute for Community
and Environment and Spatial
Informatics Group, titled ‘‘Response to
the Economic Analysis of Critical
Habitat Designation for the Northern
Spotted Owl by Industrial Economics,’’
and submitted as a public comment.
Funding for the report was provided by
the National Forest Counties and
Schools Coalition. The report states that
the DEA’s assessment is insufficient in
its documentation of cumulative
socioeconomic impacts and current
socioeconomic conditions. It provides
detailed discussion and data concerning
a variety of characteristics for
communities potentially affected by the
designation, including: Number of mills
and mill closures; employment patterns;
revenue-sharing payments to counties;
family income; poverty levels; home
ownership; health outcomes and factors;
and enrollment in programs such as
School Free and Reduced-Price Meals
(FRPM).
Our Response: Chapter 3 of the DEA
is intended to provide context to the
decision maker regarding historical
changes in the timber industry in the
Pacific Northwest in terms of
production, employment, income, and
county revenues. It also discusses
multiple possible causes contributing to
these changes, including protection of
the northern spotted owl. The Sierra
Institute for Community and
Environment report provides additional
socioeconomic information
supplementing the background
information provided in Chapter 3. Text
summarizing the contents and
availability of this report has been
added to the FEA. We note that
verification of the data provided by the
Sierra Institute for Community and
Environment is complicated by the fact
that citations are not provided for the
majority of the report’s figures and data.
Comment (202): The Sierra Institute
for Community and Environment states
in several places in its report that the
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DEA argues the loss of 30,000 jobs in the
timber industry between 1990 and 2010
was offset by regional gains in
population and employment of 15
percent and 18 percent, respectively.
They state that the DEA errs by
assuming that job gains in one time
period offset losses in another, and that
job gains (and losses) are equally
distributed across the region. In
addition, they claim that the DEA does
not analyze or sufficiently discuss the
issue of disparity and does not discuss
how areas with a proportionally greater
amount of employment in the timber
industry are affected by the proposed
critical habitat designation.
Our Response: The authors are
referring to information provided in
paragraphs 14 and 106 of the DEA,
which present regional job loss figures
and changes in regional population and
employment. The DEA simply presents
these facts; it makes no assumptions,
and draws no conclusions, about
whether lost timber jobs are offset by
overall employment gains in the region
or how job losses and gains are
distributed across the region. Detailed
analysis of rate and nature of
reemployment of former timber industry
employees is complex and beyond the
scope of the DEA.
Chapter 6 of the DEA attempts to
address potential disparity in the
distribution of regional impacts of the
designation. It combines background
information on timber industry harvest
and employment trends (presented in
Chapter 3), and county dependency on
revenue-sharing payments, with
information about subunits where
changes in timber harvest are possible
(Chapter 4). It highlights the counties
most likely to be affected by the rule
based on proximity to affected subunits,
and identifies which of these counties
have already experienced the most
significant declines in the industry over
the last 20 years. The report notes that
these counties may be more sensitive to
future changes in timber harvests.
Definitely linking changes in timber
harvests to timber-related jobs in certain
communities is challenging. Timber
industry jobs are not necessarily closely
correlated with the amount of timber
being harvested in that specific county;
some mills or related manufacturers
(e.g., wood product manufacturers) may
rely on resources harvested from outside
their immediate community. In its
presentation of historical data on
regional mill closures, the Sierra
Institute for Community and
Environment acknowledges, ‘‘Other
reasons for mill closure also include,
but are not limited to, industry closing
older, less efficient mills, closure of
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mills that handled only larger trees
coupled with less old-growth timber
available, and shipping raw logs and
cants out of the region for processing
elsewhere. Additional study is needed’’
(page 31).
Teasing out the precise location of
potential regional impacts resulting
from critical habitat designation is
particularly challenging due to the
relatively small overall change in
harvest anticipated to result from the
final rule (at worst, a less than one
percent decline in annual harvest). This
marginal change in available Federal
timber is unlikely to cause large-scale
changes in the regional industry.
Identification of who will experience
impacts requires better understanding of
potential substitutes and the degree of
flexibility in the current production
system, as well as proprietary
information about the financial
characteristics and operations of
individual mills. Such data are not
available to us and are not provided in
the Sierra Institute for Community and
Environment’s report.
Comment (203): The Sierra Institute
for Community and Environment report
states that the DEA fails to link job
losses to socioeconomic conditions and
that this is required by the February
2012 Presidential Memo.
Our Response: The Presidential
Memorandum directs the Secretary of
the Interior to: (1) Publish, within 90
days of the date of this memorandum,
a full analysis of the economic impacts
of the proposed rule, including job
impacts, and make the analysis
available for public comment. The DEA
satisfied this direction. It estimates the
incremental change in social costs and
benefits that may result from the
proposed rule, as required by Executive
Order 12866, following OMB’s guidance
on best practices as defined in Circular
A–4, and consistent with existing case
law; and, it provides a separate analysis
of potential job impacts in Chapter 6.
The memorandum did not require the
Secretary to take the additional step of
developing complex models to link
changes in timber industry employment
to changes in socioeconomic conditions,
such as poverty rates, homeownership,
and participation in food assistance
programs, as suggested by the report
authors. Furthermore, the authors of the
Sierra Institute for Community and
Environment report acknowledge that
linking changes in socioeconomic
factors to changes in land management,
and specifically to critical habitat
designation, is challenging due to time
constraints and complex data
requirements (see, for example, pages
94, 105, 168 of the Sierra Institute for
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Community and Environment report).
As a result, the organization does not
estimate these changes in its report.
Comment (204): The Sierra Institute
for Community and Environment report
states that an unintended consequence
of critical habitat designation is that
private landowners ‘‘do nothing’’ due to
the increased cost of compliance, and
that this has real social and
environmental costs, such as reducing
job availability and revenues and
increasing fire risk.
Our Response: As described in
Chapter 5 of the DEA, there is a
potential for increased compliance
costs, such as preparing environmental
impact statements. In Washington, the
DEA indicated that this may occur only
in the event that the State Forest
Practices Board redefines all suitable
habitat overlapping Federal critical
habitat within SOSEAs as ‘‘critical
habitat state’’ (see paragraphs 227
through 232 of the DEA). The likelihood
of such an outcome is uncertain. If it
occurs, we estimated that at most 21,715
ac (8,788 ha) of proposed private lands
could be incrementally affected. The
remaining lands are already considered
‘‘critical habitat state’’ or are protected
by existing or proposed HCPs and
SHAs. The potential social and
environmental costs of not harvesting
these 21,715 ac (8,788) over the 20-year
timeframe of the analysis are too small
to measure.
In California, the FEA states that one
stakeholder noted that landowners may
be required to provide additional
documentation under CEQA to
demonstrate that their management plan
timber harvest plan will mitigate
impacts to critical habitat. Since
CALFIRE has stated that it is unlikely to
require additional protective measures
for designated critical habitat beyond
those already required by State
regulation, any incremental costs would
be limited to the possibility for
additional CEQA review.
The FEA also identifies possible
changes to timber harvest practices
suggested by private parties as
potentially occurring due to regulatory
uncertainty, ranging from harvesting
existing trees as early as feasible to
discontinuing use of the property for
timber production. However, due to the
high degree of uncertainty over whether
these impacts may occur, we were not
able to quantify the potential effects.
We note that all private lands were
excluded from critical habitat for the
northern spotted owl under section
4(b)(2) of the Act (see Exclusions),
therefore none of the potential scenarios
considered by the DEA are germane to
the final designation.
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Comment (205): The Sierra Institute
for Community and Environment report
states that the DEA is insufficient
because it does not adequately
characterize cumulative socioeconomic
impacts. The authors state that
‘‘understanding current condition
requires an understanding of what has
transpired in recent years and trend
[sic], which are, for the most part, not
factors in the analysis.’’ They also
question why the Entrix report and the
2012 analysis ‘‘ended up in inconsistent
places with respect to baseline and
included incremental impacts.’’
Our Response: The DEA provides data
on historical changes in timber industry
production, employment, and income
(see Chapter 3). It also provides
information about trends in county
revenue-sharing payments. This
information is included in order to
provide the Secretary with context for
the incremental impacts of the analysis.
The OMB guidelines for best practices
(Circular A–4) concerning the conduct
of economic analysis of Federal
regulations direct agencies to measure
the costs of a regulatory action against
a baseline, which it defines as the ‘‘best
assessment of the way the world would
look absent the proposed action.’’ The
baseline utilized in the DEA is the
existing state of regulation, prior to the
designation of critical habitat, which
provides protection to the species under
the Act, as well as under other Federal,
State, and local laws and guidelines. To
characterize the ‘‘world without critical
habitat,’’ the DEA also endeavors to
forecast these conditions into the future
over the timeframe of the analysis,
recognizing that such projections are
subject to uncertainty. This baseline
projection recognizes that the northern
spotted owl is already subject to a
variety of Federal, State, and local
protections throughout most of its range,
due to its threatened status under the
Act, and regardless of the designation of
critical habitat.
Significant debate has occurred
regarding whether assessing the impact
of critical habitat designations using this
baseline approach is appropriate, with
several courts issuing divergent
opinions. In 2010 and 2011, courts in
several parts of the country, including
the Ninth Circuit Court of Appeals,
which has jurisdiction in Washington,
Oregon, and California, ruled that
decisions concerning designation of
critical habitat should be based on the
incremental impacts of the rule. The 9th
Circuit cases were appealed to the
Supreme Court, which declined to hear
them.
The Entrix report analyzing the 2008
designation was prepared under
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subcontract to Industrial Economics,
Incorporated (IEC), the authors of the
2012 analysis, and project managers
from IEC worked closely on both efforts.
The difference in the two analyses
regarding whether to quantify impacts
resulting from baseline regulatory
protections is due to the change in case
law described in the previous
paragraph.
Comment (206): The Sierra Institute
for Community and Environment report
questions why the background data
provided on timber industry
employment and harvests do not factor
into the overall assessment and analysis
of impacts. The report states that the
analysis does not address localized and
community-level impacts.
Our Response: As described above,
Chapter 6 of the DEA combines data
from Chapters 3 and 4 of the analysis to
identify counties that may be
particularly susceptible to changes in
timber harvests resulting from the
designation. Employment and harvest
trend data are generally available at the
county level through publicly available
sources, such as State natural resource
agencies, the U.S. Census, and the U.S.
Bureau of Labor Statistics. Assessing
distributional impacts as a finer level of
resolution is challenging given a lack of
data. In addition, linking changes in
community outcomes to the designation
would require complex modeling that is
beyond the scope of this analysis given
the numerous other confounding factors
and the relatively small changes in
annual harvest that could result from
the designation.
Comment (207): The Sierra Institute
for Community and Environment report
states that counties, municipalities, and
schools were ‘‘given short shrift’’ in the
DEA and that there was no substantive
exchange about the conditions of
counties or municipalities for the
analysis. In addition, other economist
commenters also said that they were not
consulted for the DEA.
Our Response: During preparation of
the draft, IEC contacted many
stakeholders, including Federal
agencies, State governments, and
representatives of the timber industry,
and sought to obtain economic and
other relevant information from publicly
available sources. They collected and
analyzed data on historical changes in
timber harvests and timber industry
employment and payroll for each of the
56 counties overlapping the proposed
designation and reviewed literature
related to impacts to regional
communities, including counties. IEC
conducted research on county revenue
sharing programs and presented data on
the proportion of total county revenues
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derived from these programs. Two of the
eight report chapters in the FEA focus
exclusively on historical and current
conditions in the counties, identifying
those that are most likely to experience
incremental impact and those that are
likely to be more sensitive to changes in
in harvests resulting from the proposed
regulation.
IEC also reached out directly to
County representatives. On June 6,
2012, IEC emailed representatives of
Siskiyou, Skamania, and Douglas
Counties, as well as the Association of
O & C Counties, the Association of
Oregon Counties, and the Washington
State Association of Counties, and
offered to meet with them via
conference call. On June 25, 2012, IEC
received a letter from representatives of
Skamania, Douglas, and Siskiyou
Counties requesting a meeting with all
of the counties that may be affected by
the designation. Since the comment
period closed on July 6, 2012, the
Service determined that there was not
time to arrange a meeting with all 56
counties. However, on July 20, 2012, per
section 4(b)(5) of the Act, we again
invited all State agencies and affected
jurisdictions to submit their comments
on the proposed critical habitat revision.
Comment (208): The Sierra Institute
for Community and Environment report
questions the DEA’s statement that
employment in California, Oregon, and
Washington increased only three
percent between 2000 and 2010. The
report states that reliance on Bureau of
the Census and Bureau of Labor
Statistics for employment data, such as
the data presented in Exhibits 3.6 and
3.7 of the DEA, will result in an
undercount of employment. Lastly, the
authors state that they were unable to
replicate the numbers in the tables
because the methodology is
inadequately specified.
Our Response: In both the Executive
Summary and Chapter 3, the DEA
reported that total employment in
California, Oregon, and Washington
increased by three percent between
2000 and 2010. IEC has added the
source for this data, which is the Bureau
of Economic Analysis (BEA), to the
FEA. The BEA provides data on total
annual State employment, which IEC
used to determine the tri-State area
employment increase between 2000 and
2010. The data is publically available
and can be found online at BEA’s
Interactive Data Web site at https://
www.bea.gov/itable/.
The data source for Exhibits 3.6
through 3.8 of the DEA, which present
historical timber industry employment
and payroll data for each county that
contains proposed critical habitat (as
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well as for each State and for the entire
study area), is the U.S. Census Bureau’s
County Business Patterns. Data for the
County Business Patterns excludes data
on self-employed individuals,
employees of private households,
railroad employees, agricultural
production employees, and most
government employees. More
information on these exclusions can be
found at https://www.census.gov/econ/
cbp/methodology.htm. While a certain
amount of undercoverage may occur, we
believe the data provide the best
available information from a reliable
source. The exhibits list the SIC and
NAICS codes that were used to estimate
industry employment, as well as the
Web site where the data can be found
(https://censtats.census.gov).
Comment (209): The Sierra Institute
for Community and Environment report
states active forest management occurs
on National Park Service lands in Shasta
County.
Our Response: We make note of this
representation in the FEA.
Comment (210): The Sierra Institute
for Community and Environment report
disagrees with the results of Scenario 3
of the Federal lands analysis (described
in Section 4.4.2.3 of the DEA). The
authors state that the DEA bases its
analysis of incremental changes in
timber harvests on a period in which
there is a severe downturn in the
economy and wood products industry
and that this results in an undercount of
likely impacts. They state that the
analysis ‘‘relies on 5 years (2006 to
2010) of harvest data to base future
timber harvests.’’ In addition, they state
that estimates of harvest totals are
generalized and not linked to subunit
timber harvest totals.
Our Response: The DEA and FEA rely
on historical actual harvest data for
USFS Region 6 because it represented
the best available data for purposes of
the analysis. For USFS Region 5, the
analysis relies on projected actual
timber harvests by forest, provided by
USFS. For BLM lands, the FEA utilizes
BLM-provided data on timber harvest
projections by critical habitat subunit
for three decades of incremental impact
estimates, by land allocation type, forest
conditions, and harvest type. To
conduct the analysis, these various
timber projections needed to be
converted to board feet, per-acre, peryear measurements, by critical habitat
subunit. In an ideal world, the FEA
would utilize detailed geospatial data
showing when and where Federal
timber harvest is projected to occur.
However, lacking data on the narrowly
defined areas where timber harvest is
projected to occur, and where critical
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habitat may have an incremental effect
on these harvests, the analysis broadly
applies projected timber harvest across
all Federal lands. Using this approach,
the FEA uses timber harvest projections
ranging from 14 to more than 200 BFper-acre per-year across critical habitat
subunits, as described in Chapter 4. In
sum, the FEA does not rely exclusively
on historical data, and variable
projected harvests are linked to specific
subunits to the extent possible.
Comment (211): The Sierra Institute
for Community and Environment
questions the baseline timber harvest
projection used in the DEA, stating that
it fails to draw a distinction between dry
and wet forests and those that are
commercially viable and those that are
not.
Our Response: As noted in the prior
response, the economic analysis
endeavors to distinguish potential
future harvest levels by forest type and
characterization, and by areas within
each subunit, to the extent possible
given the best available information.
Comment (212): The Sierra Institute
for Community and Environment report
claims that the DEA does not provide
sufficient analysis of indirect
incremental effects of the critical habitat
designation on private landowners. To
assess the effects of potential changes in
Washington State regulations resulting
from critical habitat designation, the
authors suggest, ‘‘There may not be
adequate estimates of the probability or
the total number of acres that could be
included, but probabilistic models
coupled with a sensitivity analysis
could offer insight into the impact and
are possible to develop’’ (Sierra Report
2012, p. 13).
Our Response: Chapter 5 of the FEA
provides a detailed discussion of the
sources of the data required to quantify
the potential indirect effects of the
designation on private lands (see
paragraphs 279 through 287), including
the number of acres where landowners
are likely to alter current timber
management practices; the
characteristics of the stands (type of
tree, age, etc.) subject to changes in the
timing of harvests; current and revised
harvest schedules; financial models of
the change in the present value of
existing lands that incorporate
information about stumpage prices,
stand growth curves, and the
opportunity cost of capital to private
timber managers; and information
regarding the probability that the
Washington Forest Practices Board will
undertake regulatory changes. Basic
data are not available for most of these
elements, and thus, information
necessary to create distributions
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describing these data elements and
assumptions, which are required for
probabilistic models, are scarce. Any
distributions would likely be vague (for
example, the probability of the
Washington Forest Practices Board
changing its regulations would range
from zero to 100%, with an equal
probability of any point in between
these two endpoints). While it is
technically possible to build a Monte
Carlo-type probabilistic model using
such vague probability distributions, the
lack of data for meaningful inputs
would render the results uninformative.
We also note that private lands have
been excluded from the final rule
pursuant to section 4(b)(2) of the Act.
Comment (213): The Sierra Institute
for Community and Environment report
states that it is important for the DEA to
quantify potential impacts of critical
habitat designation on SRS and PILT
payment programs. The authors state
that it is not difficult to quantify the
effects that future changes in timber
harvests from Federal lands resulting
from critical habitat designation would
have on these payment programs. The
authors also state that the analysis does
not make clear that the revenue-sharing
programs for Federal lands only
continues if SRS is reauthorized after
2013.
Our Response: The Sierra Institute for
Community and Environment is
mistaken in its statement on page 14 of
its report that the revenue-sharing
programs for Federal lands only
continue if SRS is reauthorized after
2013. It is true that if SRS is not
reauthorized, the payments received by
counties could be substantially
different. However, as described in
paragraphs 128 through 129 of the FEA,
the U.S. Forest Service (USFS) 25%
Fund and the Bureau of Land
Management Oregon and California
Land Grant (BLM O&C) RevenueSharing Payments (50 percent of
commercial receipts) are permanently
authorized by Congress and have
dedicated funding sources in the form of
commodity receipts. States and counties
currently elect to receive SRS payments
instead of revenue-sharing payments
from the USFS 25% Fund and the BLM
O&C Revenue-Sharing Program. In the
absence of SRS (and possibly a second
program called Payments in Lieu of
Taxes, or PILT), the older programs
would still be available and would serve
as the sources of revenue-sharing
payments.
Exhibit 3–9 in the FEA illustrates the
relative magnitude of historical
payments under all four programs, and
Exhibit 3–10 provides information on
percent of local government revenue
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that is made up of payments from these
programs. Current SRS and PILT
payments are based on historical
revenue payments under preexisting
programs and are allocated based on
formulas considering a variety of
factors. If these programs are reauthorized and funded, changes in
revenues from Federal lands designated
as critical habitat would first filter
through the national allocation scheme
and then through the State formulas,
making it difficult to predict changes in
payments. If these programs are not
reauthorized and funded, then the
payments would change each year based
on a 7-year rolling average of receipts
for USFS lands and the prior year’s
receipts for BLM O&C lands, and would
also be filtered through the State’s
allocation formulas. Given the
uncertainty associated with the future of
SRS and PILT, the varying allocation
schemes associated with the programs,
and the relatively small change in
anticipated harvests, the potential
change in revenue-sharing payments is
difficult to predict. Importantly, we note
that the reauthorization and funding of
SRS and PILT is unrelated to the
decision to designate critical habitat for
the northern spotted owl.
Environmental Analysis Comments
Comment (214): One commenter
believed that the Secretary has not met
the NEPA standard of full cooperation
with State and county agencies in two
different ways: (1) By setting a public
comment timeframe that limits the
agencies’ ability to fully and knowingly
provide comments; and (2) by denying
the county the opportunity to be a
cooperating agency under CEQ
regulations and DOI policy.
Our Response: We believe the 30-day
public comment period is adequate for
review and comment on the draft
environmental analysis and is
consistent with the public comment
period on many NEPA documents. In
addition, we provided counties with an
extended opportunity to comment, as
described in Previous Federal Actions,
above. With regard to cooperating
agencies, neither CEQ nor DOI
regulations discuss cooperating agencies
in the context of environmental
assessments because they are generally
concise documents prepared to
determine whether the proposed action
will significantly affect the quality of
the human environment and whether an
environmental impact statement (EIS) is
needed. Thus, environmental
assessments normally do not warrant
use of formally designated cooperating
agencies. Because we initiated the
NEPA analysis with an environmental
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assessment, we did not formally appoint
any agency as a cooperating agency.
Comment (215): Several commenters
requested the Service complete an
environmental impact statement to
address the effects of thinning,
ecological forestry, and other active
management activities on northern
spotted owl populations. Commenters
believe an EIS needs to be done for the
critical habitat rule for a number of
reasons, including that effects are
significant; critical habitat designation
could harm, rather than recover, the
northern spotted owl; there is a need to
accurately identify relevant
environmental concerns and to take a
‘‘hard look’’ at these concerns; and the
analysis in the draft environmental
assessment is insufficient to prove
effects are not significant (i.e., presents
no information to justify a finding of no
significant impact (FONSI)).
Our Response: This rulemaking is
limited to the designation of critical
habitat for the northern spotted owl.
This final rule does not mandate or
prescribe specific management
activities, and the implementation of
thinning, ecological forestry, or other
types of activities is not required by this
rulemaking. Should any such activities
be proposed by the land management
agencies when implementing specific
projects on their managed lands, the
only effect of this critical habitat rule is
that Federal agencies will have to
consult with the Service on their
activities that may affect designated
northern spotted owl critical habitat and
ensure that their actions are not likely
to destroy or adversely modify critical
habitat, as those terms are used in
section 7 of the Act. Our critical habitat
proposal was fully compliant with
NEPA, although we note that we elected
to develop an environmental assessment
pursuant to NEPA in this case entirely
at our discretion, and not as a legal
requirement. The proposal presented an
overview of the state of the science on
active management for consideration by
land managers. It does not require any
specific management actions. Any plans
or project-level decisions concerning
active forest management are
appropriately made by land managers in
accordance with their normal planning
and project implementation procedures,
and are beyond the authority of this
rulemaking. Actions proposed on
Federal lands must be consistent with
the requirements of the NWFP and
associated plans, and these plans have
already undergone NEPA compliance.
Step-down implementation of specific
actions such as thinning projects on
USFS or BLM lands also require NEPA
compliance on a case-by-case basis.
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Comment (216): One commenter
stated that the barred owl EIS should
not be a separate analysis document
from the NEPA analysis done for the
critical habitat rule, but that a single EIS
should be prepared to address the entire
proposal.
Our Response: The barred owl EIS
represents an action entirely separate
from the present critical habitat
rulemaking, and is an evaluation of an
experiment stemming from the
recommendations of the Revised
Recovery Plan for the Northern Spotted
Owl (USFWS 2011). The Federal action
requiring NEPA for the barred owl EIS
is the issuance of a permit under the
Migratory Bird Treaty Act for the
scientific collection of barred owls, as
well as additional permits that may be
required for the experiment. In contrast,
the designation of critical habitat is a
statutory requirement under the Act,
and is an entirely separate action from
the issuance of necessary permits for
research, take, or special use. We have
addressed the barred owl EIS as an
ongoing action in the cumulative effects
analysis section of the environmental
assessment of this rulemaking.
Comment (217): Commenters believed
that the Draft Environmental
Assessment is predecisional because it
has committed to completing the NEPA
process in a preordained timeline that
does not allow sufficient time to meet
the NEPA requirements of an EIS.
Our Response: An EIS is required
only when an action is determined to
have likelihood of significant impact on
the human environment. Completion of
an environmental assessment is a step
in the NEPA process to determine
whether or not impacts of the Federal
action are significant and thus require
an EIS. We have not predetermined the
outcome of our environmental
assessment. Rather, we have used the
environmental assessment to establish
whether or not impacts of the
designation of critical habitat for the
northern spotted owl are significant.
Although there is a court-ordered
schedule for completion of this critical
habitat rule, if our environmental
assessment had determined that impacts
were significant, we would have sought
an extension of time to complete our
NEPA analysis. Our environmental
analysis was consistent with the spirit
and intent of NEPA, and was not
predecisional. Further, our experience
of evaluating the possible effects of
critical habitat under NEPA suggested
that an environmental assessment was
the appropriate place to start.
Comment (218): One commenter
described errors in public scoping in
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that we did not disclose our purpose
and need during the scoping process.
Our Response: Public scoping is not
required for the development of an
environmental assessment. As stated in
the environmental assessment, we used
internal scoping (internal discussions
among Service divisions regionally and
nationally, and among staff with longterm experience with land-use activities
conducted within critical habitat on
Federal and non-Federal lands) to
identify concerns, potential impacts,
relevant effects of past actions, and
possible alternative actions (October 15,
2008; FR 73 61292).
Comment (219): One commenter
described several errors and
inaccuracies in defining the purpose
and need. Specifically: (1) The stated
purpose of achieving the greatest
conservation and recovery for the
northern spotted owl is erroneous and
more than required to meet the Act, and
is also too narrow, overly restricting the
range of reasonable alternatives; (2) the
court-ordered due date of November 15
does not drive the need but rather the
need is whatever was the Service’s
motivation in arranging the date with
the court; and (3) the purpose of
complying with the Act is not a purpose
but an agency duty.
Our Response: Regarding item
number 1, the commenter only partially
described the purpose. The full purpose
stated in the draft environmental
assessment was to ‘‘achieve the greatest
relative conservation and recovery goals
for the northern spotted owl but
simultaneously minimize effects to
other land and resources uses.’’ We
disagree that the purpose, as a whole, is
more than required to meet the Act.
Rather, our intent is to designate lands
meeting the definition of critical habitat
(i.e., areas occupied at the time of listing
that contain the features essential to the
species’ conservation or unoccupied
areas that are themselves essential to the
species’ conservation), determining
what is essential in a way that
minimizes effects on resource uses to
the extent possible, and then using the
exclusion process provided by section
4(b)(2) of the Act to weigh the benefits
of inclusion versus the benefits of
exclusion. This is what we mean by
using the term ‘‘relative.’’ This balance
does not result in more action than is
required to meet the provisions of the
Act, and we have clarified this in the
environmental assessment. Regarding
item number 2, we did not mean to
imply that the court deadline drives the
need. The need is to revise critical
habitat pursuant to a court-ordered
remand of the 2008 designation
(Carpenters’ Industrial Council (CIC) v.
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Salazar, 734 F. Supp. 2d126 (D.D.C.
2010) * * *); we have clarified this
point in the final environmental
assessment, available at https://
www.regulations.gov and at https://
www.fws.gov/oregonfwo/Species/Data/
NorthernSpottedOwl/CriticalHabitat/
default.asp. Regarding item number 3,
the purpose of an action proposed by
the Service or any other Federal agency,
based on common NEPA practice and
Federal NEPA guidance includes but is
not limited to statutory authority. The
Service cannot carry out an action that
is inconsistent with our authorities,
hence our purpose explicitly included
reference to those authorities.
Comment (220): One commenter
believed there was an inadequate range
of alternatives. Furthermore, they
believed that the alternatives the Service
noted in the draft environmental
assessment as considered but not fully
developed were not fully considered
because there was no environmental
review of these alternatives.
Our Response: NEPA requires that we
must analyze those alternatives
necessary to permit a reasoned choice
(40 CFR 1502.14). When there are
potentially a very large number of
alternatives, NEPA requires that we
analyze only a reasonable number to
cover the full spectrum of alternatives
that are consistent with the purpose and
need. We did consider but excluded
some modeling outcomes from further
analysis. NEPA allows the elimination
of an action alternative from detailed
analysis for a variety of reasons
including ineffectiveness, technical or
economic infeasibility, inconsistency
with management objectives of the area,
remote or speculative implementation,
and substantial similarity in design and
effects of an alternative that has been
analyzed. We disagree with the
commenter in that NEPA does not
require an ‘‘environmental review’’ of
alternatives eliminated from detailed
study, but rather, a brief discussion of
the reasons for their having been
eliminated (40 CFR 1502.16(a)). We
have further clarified our reasons for
eliminating these alternatives from
further analysis in the final NEPA
document.
Comment (221): One commenter
believed we did not adequately identify
the range of issues that could be affected
by critical habitat designation. They
further pointed out that limiting our
analysis to threatened and endangered
species and stating in the environmental
assessment that it is not possible to
analyze effects on the other 1,200
species is wrong because it is possible
and has been done for such actions as
the NWFP.
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Our Response: Only potentially
significant issues must be the focus of
the environmental analysis. Issues that
are not significant (i.e., related to
potentially significant effects) can be
eliminated from detailed study,
‘‘narrowing the discussion of these
issues in the statement to a brief
presentation of why they will not have
a significant effect on the human
environment.’’ (40 CFR 1501.7(a)(2), 40
CFR 1501.7(a)(3)). We have further
elaborated in the final environmental
assessment (available at
www.regulations.gov and at https://
www.fws.gov/oregonfwo/Species/Data/
NorthernSpottedOwl/CriticalHabitat/
default.asp) why we found that these
issues will not have a significant effect
on the human environment. Regarding
our statement that it is not possible to
analyze effects on 1,200 species given
that such an analysis was done in the
NWFP, we agree this was in error and
will remove that language from the final
environmental assessment. However, we
do not find that this impels us to
analyze effects on all 1,200 latesuccessional species. In the case of the
NWFP, the intent of the revision to
USFS and BLM land management plans
was to provide comprehensive
management of habitat for latesuccessional and old-growth forest
species. Thus, it was prudent to
examine those species as part of the
NWFP analysis. We do not believe that
such a level of analysis is necessary for
this purpose and have thus limited our
analysis to effects on listed species to
ensure critical habitat designation does
not reduce their potential for recovery.
Comment (222): Three commenters
believed the analysis failed to disclose
that current habitat set-asides have not
produced measurable success in
northern spotted owl recovery, and that
expanding critical habitat will also fail
because barred owls are the primary
causal factor in the northern spotted owl
decline. On a related topic, one
commenter felt the environmental
assessment failed to describe how the
proposed action would lead to recovery
and why other alternatives would not.
Our Response: Threats to northern
spotted owls are described in the
Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011) as habitat
loss and competition from the barred
owl. We acknowledge in this rule and
the final environmental assessment that
we need to address both of these threats
if we are to recover the northern spotted
owl. As to the need to describe how the
proposed action would lead to recovery
while other alternatives would not, we
do not need to show that alternatives
not chosen would not lead to recovery;
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we merely need to disclose the effects
of each alternative on the relevant
issues, in this case, primarily northern
spotted owl populations, to provide
information to decisionmakers.
Recovery of northern spotted owls will
require addressing multiple issues, of
which habitat loss is only one and will
be partly addressed through critical
habitat designation.
Comment (223): One commenter
noted we did not analyze the effects of
eliminating LSRs as part of the critical
habitat designation.
Our Response: This comment is based
on a misunderstanding of the critical
habitat designation, which does not
eliminate the Late-Successional Reserve
Network of the Northwest Forest Plan.
Comment (224): One commenter
believed we failed to fully disclose the
existing regulatory structure, and also
failed to fully disclose the disincentives
to landowners to retain habitat,
resulting in the potential elimination of
northern spotted owl habitat.
Our Response: We noted in the draft
environmental assessment the potential
for landowners to prematurely harvest
existing habitat, maintain shorter
harvest rotations, or change from forest
management to development. We
received several comments from
landowners indicating their intention to
deforest their property if designated as
critical habitat. We acknowledge that
possibility for some landowners in the
final environmental assessment
(available at www.regulations.gov and at
https://www.fws.gov/oregonfwo/Species/
Data/NorthernSpottedOwl/
CriticalHabitat/default.asp) based on
these comments, but cannot describe the
extent or degree of these effects based
on the comments we received. We also
note that, in our preferred alternative,
all private lands were excluded from
this designation.
Comment (225): One commenter
disagreed with what effects we
considered speculative and not
reasonably foreseeable, and believed we
are obligated to display environmental
consequences of potential effects even if
actual outcomes are unknown.
Our Response: DOI NEPA regulations
define reasonably foreseeable future
action as, ‘‘activities not yet undertaken,
but sufficiently likely to occur, that a
Responsible Official of ordinary
prudence would take such activities
into account in reaching a decision.
These Federal and non-Federal
activities that must be taken into
account include, but are not limited to,
activities for which there are existing
decisions, funding, or proposals
identified by the bureau. Reasonably
foreseeable future actions do not
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include those actions that are highly
speculative or indefinite.’’ 43 CFR
46.30. We contend that the actions we
consider not reasonably foreseeable
meet this definition.
Comment (226): Two commenters
indicated we failed to examine
cumulative and connected actions in an
economic and social context.
Our Response: We have completed an
economic analysis that addresses
economic and social aspects of the
designation of critical habitat. In
addition, the Council on Environmental
Quality’s implementing regulations
indicate that economic and social effects
are not by themselves intended to
require preparation of an EIS, but
should be considered if an EIS is
prepared (40 CFR 1508.14). Our purpose
in preparing an environmental
assessment was to determine whether
an EIS should be prepared. Because we
determined that the critical habitat
revision resulted in a finding of no
significant impact (FONSI), it was
determined that an EIS was not
necessary to evaluate social and
economic impacts.
Comment (227): One commenter
noted we failed to analyze the economic
effects of the northern spotted owl
listing decision as a cumulative and
connected action of critical habitat
designation.
Our Response: We agree that the
environmental assessment should
consider all relevant cumulative effects,
which may include the effects of past
actions, as necessary to determine
whether a finding of no significant
impact is warranted. One element of
that determination is ‘‘[w]hether the
action is related to other actions with
individually insignificant but
cumulatively significant impacts.
Significance exists if it is reasonable to
anticipate a cumulatively significant
impact on the environment.
Significance cannot be avoided by
terming an action temporary or by
breaking it down into small component
parts.’’ 40 CFR 1508.27(b)(7). As
discussed in the previous comment,
‘‘human environment’’ is defined to
include the natural and physical
environment and the relationship of
people with that environment except
that economic or social effects are not
intended by themselves to require
preparation of an environmental impact
statement. 40 CFR 1508.14. In this
environmental assessment we have
considered the potential effects of the
designation added to other past, present,
and reasonably foreseeable future
actions that would affect the identified
resources of concern to determine
whether this would result in significant
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impacts to the human environment as
defined for purposes of an
environmental assessment. We have
added the past action of listing the
northern spotted owl to our cumulative
effects analysis and considered those
effects on the resources of concern
identified in the environmental
assessment.
Comment (228): One commenter
contended that just because future
action will undergo NEPA analysis does
not relieve the Service of its NEPA duty
to analyze the effects of the critical
habitat proposal.
Our Response: We can analyze the
indirect effects of the critical habitat
designation only to the degree that we
are reasonably certain of the actions that
may occur within critical habitat, how
they might be modified as a result of the
section 7 process, and what the
environmental impacts of those
modifications might be. To that end, we
have met our NEPA obligation. As
individual Federal actions are
developed with more information on
location, activity type, magnitude,
duration, and intensity, all things we
cannot assess at this point in time, those
actions will be subject to NEPA and
analyzed in further detail.
Comment (229): One commenter
believed it was incorrect for the Service
to assume agencies will implement
100% of actions in the recovery plan
[Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011)] and that
we must assume agencies will
implement NWFP requirements without
further matrix restrictions.
Our Response: We have included as
part of our range of possible outcomes
the possibility that agencies will
implement only the NWFP
requirements, without implementing
any additional recovery plan actions
that may restrict actions in the matrix.
However, we believe that is not the only
possible scenario, given that we have
examples of agencies implementing
discretionary actions from the northern
spotted owl recovery actions that are in
addition to the Standards and
Guidelines of the NWFP.
XIII. Required Determinations
srobinson on DSK4SPTVN1PROD with
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) will review all significant
rules. The Office of Information and
Regulatory Affairs has determined that
this rule is significant because it will
raise novel legal or policy issues.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
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for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Under the Regulatory Flexibility Act
(RFA; 5 U.S.C. 601 et seq.) as amended
by the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 (5 U.S.C. 801 et seq.), whenever an
agency must publish a notice of
rulemaking for any proposed or final
rule, it must prepare and make available
for public comment a regulatory
flexibility analysis that describes the
effects of the rule on small entities
(small businesses, small organizations,
and small government jurisdictions).
However, no regulatory flexibility
analysis is required if the head of the
agency certifies the rule will not have a
significant economic impact on a
substantial number of small entities.
The SBREFA amended the RFA to
require Federal agencies to provide a
certification statement of the factual
basis for certifying that the rule will not
have a significant economic impact on
a substantial number of small entities.
According to the Small Business
Administration, small entities include
small organizations such as
independent nonprofit organizations;
small governmental jurisdictions,
including school boards and city and
town governments that serve fewer than
50,000 residents; and small businesses
(13 CFR 121.201). Small businesses
include manufacturing and mining
concerns with fewer than 500
employees, wholesale trade entities
with fewer than 100 employees, retail
and service businesses with less than $5
million in annual sales, general and
heavy construction businesses with less
than $27.5 million in annual business,
special trade contractors doing less than
$11.5 million in annual business, and
forestry and logging operations with
fewer than 500 employees and annual
business less than $7 million. To
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determine if potential economic impacts
to small entities may result from this
designation, and whether these
potential impacts may be significant, we
considered the types of activities that
might trigger regulatory impacts under
this designation as well as types of
project modifications that may result. In
general, the term ‘‘significant economic
impact’’ is meant to apply to a typical
small business firm’s business
operations.
The Service’s current understanding
of recent case law is that Federal
agencies are only required to evaluate
the potential impacts of rulemaking on
those entities directly regulated by the
rulemaking; therefore, they are not
required to evaluate the potential
impacts to those entities not directly
regulated. The designation of critical
habitat for an endangered or threatened
species only has a regulatory effect
where a Federal action agency is
involved in a particular action that may
affect the designated critical habitat.
Under these circumstances, only the
Federal action agency is directly
regulated by the designation, and,
therefore, consistent with the Service’s
current interpretation of RFA and recent
case law, the Service may limit its
evaluation of the potential impacts to
those identified for Federal action
agencies. Under this interpretation,
there is no requirement under the RFA
to evaluate the potential impacts to
entities not directly regulated, such as
small businesses. However, E.O.’s 12866
and 13563 direct Federal agencies to
assess costs and benefits of available
regulatory alternatives in quantitative
(to the extent feasible) and qualitative
terms. Consequently, it is the current
practice of the Service to assess to the
extent practicable these potential
impacts if sufficient data are available,
whether or not this analysis is believed
by the Service to be strictly required by
the RFA. In other words, while the
effects analysis required under the RFA
is limited to entities directly regulated
by the rulemaking, the effects analysis
under the Act, consistent with the E.O.
regulatory analysis requirements, can
take into consideration impacts to both
directly and indirectly impacted
entities, where practicable and
reasonable.
We acknowledge that in some cases,
third-party proponents of the action
subject to permitting or funding, though
not directly regulated, may participate
in a section 7 consultation with the
Federal action agency. Moreover, E.O.’s
12866 and 13563 direct Federal agencies
to assess all costs and benefits of
available regulatory alternatives in
quantitative (to the extent feasible) and
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qualitative terms. We believe it is good
policy to assess these impacts if we have
sufficient data before us to complete the
necessary analysis, whether or not this
analysis is strictly required by the RFA.
While the Service does not consider this
regulation to directly regulate these
entities, in our draft economic analysis,
we have conducted an evaluation of the
potential number of third parties
participating in consultations on an
annual basis in order to ensure a more
complete examination of the potential
incremental effects of this rule in the
context of the RFA. As discussed earlier
in our March 8, 2012, proposed rule (77
FR 14062), our notice of availability of
the draft economic analysis (77FR
32483; June 1, 2012), and in the draft
economic analysis itself, we determined
that the incremental effects of this
revised designation are relatively small
due to the extensive conservation
measures already in place for the
species, due to its being listed under the
Act, and because of measures provided
under the NWFP and other conservation
programs. The FEA affirms these
conclusions, and we have determined
that these conclusions are applicable to
this final revised designation of critical
habitat for the northern spotted owl.
Thus, even taking into account those
entities not directly regulated, we certify
that the revised designation of critical
habitat for the northern spotted owl will
not have a significant economic impact
on a substantial number of small
entities.
Importantly, the incremental
regulatory and economic impacts of the
rule must be both significant and
substantial to prevent certification of the
rule under the RFA and to require the
preparation of a regulatory flexibility
analysis. If a substantial number of
small entities are affected by the critical
habitat designation, but the per-entity
economic impact is not significant, the
Service may certify. Likewise, if the perentity economic impact is likely to be
significant, but the number of affected
entities is not substantial, the Service
may also certify. Because per-entity
impacts are currently uncertain, our
evaluation focused on the number of
small entities potentially affected as
third parties to consultation with
Federal agencies that may be directly
regulated by the designation
While developing our draft economic
analysis (DEA), we determined that
there may be third-party participants to
consultations involved with timber
harvest and linear projects. In
estimating the potential number of
entities involved with consultations on
timber harvest, we used the projection
of 1,000 consultations over the 20-year
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time horizon of the DEA related to
timber harvest management, providing
an assumption of 50 consultations per
year. We predict that many of these
consultations will not involve third
parties, but data is lacking about thirdparty participation rates. For the sake of
our evaluation, we took a more
inclusive approach and assumed that
third parties are involved with these
consultations and that each party is a
small entity, providing an annual
estimate of 50 small entities that may be
involved over the 20-year time horizon
of the study. This is likely an
overestimate of the number of third
parties involved with timber
management consultations and therefore
an even greater overestimate of the
number of small entities involved
because many of those third parties will
not be small entities. The DEA further
explored the projection of small
businesses in timber-related sectors in
the geographic areas overlapping the
critical habitat designation, which
differed depending on the specific data
sets used, either 7,140 entities or 2,616
entities. Using our conservative estimate
of 50 small entities involved annually,
the proportion of entities in the timber
harvest management sector potentially
impacted by the designation would be
0.70 percent and 1.9 percent,
respectively, over the 20-year time
horizon of the study.
The RFA does not explicitly define
the specific proportion of any given
sector that would represent a substantial
number, but leave that determination to
the discretion of the agency issuing the
regulation. While the Service or the
Department of Interior does not have a
specific policy concerning what
proportion of any given sector impacted
would represent a substantial number,
the Service, as a matter of practice, uses
a value of 3% to evaluate whether the
regulation may impact a substantial
number. In other words, if a regulation
is determined to have an impact on less
than 3% of entities in a given sector,
then the agency makes a determination
that a substantial number is not affected.
Whereas, if it is determined that the
proportion of entities impacted by a
given regulation is equal to or greater
than 3%, then the agency further
evaluates available data to make a
specific determination for that
regulation.
Applying the aforementioned criteria
to the specific proportion of the timber
harvest management sector, we have
concluded that these proportions do not
represent a substantial number of small
business entities potentially affected in
the timber harvest management sector.
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Please refer to Appendix A of the FEA
for further details of our evaluation.
Next, we explored the potential
impact to third parties that may be
involved with consultations related to
linear projects (i.e., roads, pipelines,
and powerlines). On the basis of similar
conservative assumptions explained in
the DEA, we concluded that there may
be a total of 11 projects in a given year
that may involve third parties. If we
similarly assume that each of these
parties represent small entities, then we
estimate that 11 small entities in a given
year could be impacted by the
designation. While there is greater
uncertainty as to the number of small
entities involved with linear projects,
we believe that the relative proportion
these 11 entities represent is unlikely to
constitute a substantial number.
Further, the projected impacts to third
parties resulting from the consultations
on linear projects are anticipated to be
solely administrative in nature. Thus,
even with the uncertainty as to whether
the proportion of entities potentially
effected is may be substantial (although
we think that it is not), we have
determined that the potential impacts to
these entities would not be significant
as they would only be the result of
additional administrative costs, which
are relatively minor. Therefore, based on
our conservative estimates in
identifying third parties in this sector
that potentially may be impacted, the
projected number of entities and types
of impacts, we concluded that the
designation would not result in a
significant impact to a substantial
number of small business entities in this
sector.
These conclusions were reaffirmed in
our FEA. Please refer to Appendix A of
the FEA for further details of our
evaluation. In development of the final
economic analysis (FEA) and taking into
consideration all information and
comments received, and based on our
conservative evaluation of the number
of entities in the timber management
and linear project sectors potentially
impacted, the proportion of the affected
entities to those representing the sector
in the study area, and the types of
impacts, we again determined that the
revised critical habitat designation will
not have a significant economic impact
on a substantial number of small
business entities. In Appendix A of the
FEA, we acknowledge that the primary
economic impact of the project
modifications resulting from the
consultations described above is a
change in Federal revenues generated by
timber sales. In other words, if harvests
are increased or decreased as a result of
the designation, the USFS and BLM will
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receive more or less revenues,
respectively, from the sale of this
timber. However, these Federal agencies
are not, as noted, small businesses.
Furthermore, entities bidding for new
timber sales on Federal lands would not
incur costs as a result of this critical
habitat designation because they will
only pay for the value of the sale after
any modifications are made as part of
the section 7 consultation process. In
other words, any impact of this
regulation on those entities would be
indirect.
In the FEA, we evaluated the potential
indirect economic effects on small
business entities resulting from
conservation actions related to the
listing of the northern spotted owl and
the designation of critical habitat. The
analysis is based on the estimated
impacts associated with the rulemaking,
as described in Chapters 4 through 8
and Appendix A of the analysis, and
evaluates the potential for economic
impacts related to: (1) Timber
management, (2) barred owl
management, (3) northern spotted owl
surveys and monitoring, (4) fire
management, (5) linear projects (i.e.,
roads, pipelines, and powerlines), (6)
restoration, (7) recreation, and (8)
administrative costs associated with
consultations under section 7 of the Act.
With respect to Federal lands,
consultations with Federal land
managers, the Service, and other experts
indicate varying opinions regarding
potential critical habitat effects on
timber management practices, and noted
the difficulty and limitations of deriving
precise measures of positive or negative
incremental change. Therefore, the FEA
considered three alternative scenarios,
which are described in Chapter 4 and
summarized in Exhibit ES–4 of the FEA.
These scenarios include: (1)
Administrative costs only; (2) potential
positive incremental impacts to timber
harvest on Federal lands; and (3)
potential negative incremental impacts
to timber harvest on Federal lands.
Furthermore, the economic analysis
presents a potential low impact and
high impact outcome for each of the
three scenarios. Thus under the positive
impact scenario, the estimated
annualized increase in timber harvest
revenue on Federal lands range from
$1,230,000 to $3,070,000. Under the
negative impact scenario, the
annualized decrease in timber harvest
revenue on Federal lands ranges
$2,460,000 to $614,000,000. In all three
scenarios, the estimated annualized
administrative costs on Federal lands
are from $185,000 to $316,000.
In response to public comment, a
sensitivity analysis was performed on
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the baseline timber harvest projections,
to better inform the alternative impact
scenarios in the FEA. The economic
analysis uses a baseline harvest
projection of approximately 122.80
million board feet (MMBF) per year. In
the sensitivity analyses, the baseline
timber harvest projection increases by
up to an additional 27.99 MMBF per
year. Therefore, the range of incremental
impacts to Federal timber harvest
widens from a potential increase in
stumpage value of $3,580,000 (under the
increased timber harvest scenario) to a
potential decrease of $7,860,000 (under
the decreased timber harvest scenario)
per year.
In addition, Exhibit ES–4 of the FEA
presents our qualitative conclusions
concerning potential timber harvest
impacts to private lands, and notes that
there may be possible negative impacts
associated with regulatory uncertainty,
and new regulation in the State of
Washington, and concludes that zero
timber harvest impacts are likely to
occur on State lands. Finally, Exhibit
ES–4 notes the potential incremental
administrative costs related to linear
projects, which are estimated to be
between $10,800 on the low end and
$19,500 on the high end.
The FEA also confirms our conclusion
that between less than one percent and
two percent of potentially effected small
entities in the 56 county study area may
participate as third parties in section 7
consultations related to timber harvests
on an annual basis. In addition,
approximately 11 electricity
transmission or natural gas pipeline
companies may participate in section 7
consultations in a given year. While we
believe that this number does not
represent a significant proportion of
entities in this sector, the impacts to
these entities are expected not to be
significant as they are anticipated to be
solely administrative in nature.
The FEA also explains that these
estimates almost certainly overstate
rather than understate the number of
affected entities, perhaps to a significant
degree, because: (1) Not all section 7
consultations will involve a third party;
(2) not all third parties will be small
entities; and (3) the same entity may
consult more than once in a single year.
We have also constrained the
population of potentially affected
entities to those found in counties
overlapping critical habitat, as opposed
to including others within the States of
Washington, Oregon, and California. In
addition, as described elsewhere in this
rule, the greatest impact of section 7
will likely occur in unoccupied habitat,
due to the fact that consultation would
already occur in occupied habitat due to
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the presence of the listed species. We
estimate that the vast majority of the
areas being designated in this rule were
occupied at the time of listing.
Finally, our analysis of potential
impacts to small entities is
overestimated because it was based on
the proposed designation, which has
been reduced by 4,197,484 ac (1,697,903
ha) in this final rule. Designated Federal
lands are reduced by 2,849,745 ac
(1,151,297 ha) due to the elimination of
lands that we have determined do not
meet the definition of critical habitat,
the exemption of DOD lands under
section 4(a)(3) of the Act, and the
exclusion of Congressionally-reserved
lands under section 4(b)(2) of the Act.
Designated State and private lands are
reduced by 1,647,170 ac (665,843 ha)
due to the elimination of some lands
that do not meet the definition of
critical habitat and the exclusion of
State parks and private lands under
section 4(b)(2) of the Act.
In summary, we considered whether
this designation would result in a
significant economic impact on a
substantial number of small entities.
Based on the above reasoning, relevant
case law, and currently available
information, we concluded that this rule
will not result in a significant economic
impact on a substantial number of small
entities. We are reaffirming our
certification that this revised
designation of critical habitat for the
northern spotted owl will not have a
significant economic impact on a
substantial number of small entities,
and a regulatory flexibility analysis is
not required.
Energy Supply, Distribution, or Use
(Executive Order 13211)
Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use) requires agencies
to prepare Statements of Energy Effects
when undertaking certain actions.
While this final rule to designate revised
critical habitat for the northern spotted
owl is a significant regulatory action
under Executive Order 12866, it is not
expected to significantly affect energy
supplies, distribution, or use. Therefore,
this action is not a significant energy
action, and no Statement of Energy
Effects is required.
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), we make the following findings:
(1) This rule will not produce a
Federal mandate. In general, a Federal
mandate is a provision in legislation,
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statute, or regulation that would impose
an enforceable duty upon State, local, or
Indian governments, or the private
sector, and includes both ‘‘Federal
intergovernmental mandates’’ and
‘‘Federal private sector mandates.’’
These terms are defined in 2 U.S.C.
658(5)–(7). ‘‘Federal intergovernmental
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon State, local, or Indian
governments’’ with two exceptions. It
excludes ‘‘a condition of Federal
assistance.’’ It also excludes ‘‘a duty
arising from participation in a voluntary
Federal program,’’ unless the regulation
‘‘relates to a then-existing Federal
program under which $500,000,000 or
more is provided annually to State,
local, and Indian governments under
entitlement authority,’’ if the provision
would ‘‘increase the stringency of
conditions of assistance’’ or ‘‘place caps
upon, or otherwise decrease, the Federal
Government’s responsibility to provide
funding,’’ and the State, local, or Indian
governments ‘‘lack authority’’ to adjust
accordingly. At the time of enactment,
these entitlement programs were:
Medicaid; Aid to Families with
Dependent Children work programs;
Child Nutrition; Food Stamps; Social
Services Block Grants; Vocational
Rehabilitation State Grants; Foster Care,
Adoption Assistance, and Independent
Living; Family Support Welfare
Services; and Child Support
Enforcement. ‘‘Federal private sector
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon the private sector, except (i) a
condition of Federal assistance or (ii) a
duty arising from participation in a
voluntary Federal program.’’
The designation of critical habitat
does not impose a legally binding duty
on non-Federal Government entities or
private parties. Under the Act, the only
regulatory effect is that Federal agencies
must ensure that their actions do not
destroy or adversely modify critical
habitat under section 7. While nonFederal entities that receive Federal
funding, assistance, or permits, or that
otherwise require approval or
authorization from a Federal agency for
an action, may be indirectly impacted
by the designation of critical habitat, the
legally binding duty to avoid
destruction or adverse modification of
critical habitat rests squarely on the
Federal agency. Furthermore, to the
extent that non-Federal entities are
indirectly impacted because they
receive Federal assistance or participate
in a voluntary Federal aid program, the
Unfunded Mandates Reform Act would
not apply, nor would critical habitat
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shift the costs of the large entitlement
programs listed above onto State
governments.
(2) We have determined that this rule
will not significantly or uniquely affect
small governments because the
designation of critical habitat imposes
no obligations on State or local
governments. By definition, Federal
agencies are not considered small
entities, although the activities they
fund or permit may be proposed or
carried out by small entities.
Consequently, we do not believe that
the critical habitat designation would
significantly or uniquely affect small
government entities. As such, a Small
Government Agency Plan is not
required. Further, it will not produce a
Federal mandate of $100 million or
greater in any year, that is, it is not a
‘‘significant regulatory action’’ under
the Unfunded Mandates Reform Act.
Takings (Executive Order 12630)
In accordance with Executive Order
12630 (Government Actions and
Interference with Constitutionally
Protected Private Property Rights), we
have analyzed the potential takings
implications of designating critical
habitat for the northern spotted owl in
a takings implications assessment. As
discussed above, the designation of
critical habitat affects only Federal
actions. Although private parties that
receive Federal funding or assistance or
require approval or authorization from a
Federal agency for an action may be
indirectly impacted by the designation
of critical habitat, the legally binding
duty to avoid destruction or adverse
modification of critical habitat rests
squarely on the Federal agency. The
takings implications assessment
concludes that this designation of
critical habitat for the northern spotted
owl does not pose significant takings
implications for lands within or affected
by the designation.
Federalism (Executive Order 13132)
In accordance with Executive Order
13132 (Federalism), we have
determined that this rule does not have
direct federalism implications that
would require a federalism summary
impact statement; however, we are
aware of the State-level interest in this
rule, and we both summarize below and
explain in more detail in other parts of
this package activities and
responsibilities on Federal, State, and
private lands.
From a federalism perspective, the
designation of critical habitat directly
affects only the responsibilities of
Federal agencies. As explained in detail
earlier, section 7(a)(2) of the Act
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72049
requires Federal agencies—and only
Federal agencies—to ensure that the
actions they authorize, fund, or carry
out are not likely to destroy or adversely
modify critical habitat. The Act imposes
no other duties with respect to critical
habitat, either for States and local
governments, or for anyone else. As a
result, the rule does not have substantial
direct effects either on the States, or on
the relationship between the national
government and the States, or on the
distribution of powers and
responsibilities among the various
levels of government. However, in
keeping with Department of the Interior
and Department of Commerce policy
and the federalism principles set forth
in Executive Order 13132, we requested
information from, and coordinated
development of, this revised critical
habitat designation with appropriate
State resource agencies in Washington,
Oregon, and California, on the effects of
revised designation of critical habitat.
We received comments from the
Washington State Department of Natural
Resources, Washington Department of
Fish and Wildlife, Oregon Department
of Forestry, the State of Oregon, and
California Department of Forestry and
Fire Protection (CALFIRE), as discussed
in the Summary of Comments and
Responses section of the rule, above. In
addition, we received comments from
the following counties:
• Washington: Jefferson County,
Klickitat County, Skamania County, and
Skagit County;
• Oregon: Hood River County,
Jackson County, Linn County, Douglas
County, and the Association of O&C
Counties; and
• California: Del Norte County,
Tehama County, Regional Council of
Rural Counties, Siskiyou County, and
Trinity County.
We used this information to more
thoroughly evaluate the probable
economic and regulatory effects of the
proposed designation in our final
economic analysis, to inform the
development of our final rule, and to
consider the appropriateness of
excluding specific areas from the final
rule. We found that the revised
designation of critical habitat for the
northern spotted owl has little
incremental impact on State and local
governments and their activities.
The revision of critical habitat also is
not expected to have substantial indirect
impacts. As explained in more detail
above, activities within the areas
proposed to be designated as critical
habitat are already subject to a broad
range of requirements, including: (1)
The various requirements of the
Northwest Forest Plan, including those
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applicable to its Late-successional
Reserves, Riparian Reserves, and
‘‘survey and manage’’ restrictions; (2)
the prohibition against ‘‘taking’’
northern spotted owls under sections
4(d) and 9 of the Act; (3) the prohibition
against Federal agency actions that
jeopardize the continued existence of
the northern spotted owl under section
7(a)(2) of the Act; (4) the prohibition
against taking other federally listed
species that occur in the area of the
designated critical habitat (e.g., salmon,
bull trout, and marbled murrelets); and
(5) the prohibition against Federal
agency actions that jeopardize the
continued existence of such other listed
species. All of these requirements are
currently in effect and will remain in
effect after the final revision of critical
habitat.
Some indirect impacts of the rule on
States are, of course, possible. Section
7(a)(2) of the Act requires Federal
agencies (action agencies) to consult
with the Service whenever activities
that they undertake, authorize, permit,
or fund may affect a listed species or
designated critical habitat. States or
local governments may be indirectly
affected if they require Federal funds or
formal approval or authorization from a
Federal agency as a prerequisite to
conducting an action. In such instances,
while the primary consulting parties are
the Service and the Federal action
agency, State and local governments
may also participate in section 7
consultation as an applicant. It is
therefore possible that States may be
required to change project designs,
operation, or management of activities
taking place within the boundaries of
the designation in order to receive
Federal funding, assistance, permits,
approval, or authorization from a
Federal agency. Also, to the extent that
the designation of critical habitat affects
timber harvest amounts on Federal land,
county governments that receive a share
of the receipts from such harvests may
be affected. However, while non-Federal
entities that receive Federal funding,
assistance, or permits, or that otherwise
require approval or authorization from a
Federal agency for an action, may be
indirectly impacted by the designation
of critical habitat, the legally binding
duty to avoid destruction or adverse
modification of critical habitat rests
squarely on the Federal agency.
On the other hand, the designation of
critical habitat will likely have some
benefit to State and local governments
because the areas that contain the
physical or biological features essential
to the conservation of the species are
more clearly defined, and the elements
of the features of the habitat necessary
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to the conservation of the species are
specifically identified. It may also assist
local governments in long-range
planning (rather than having them wait
for case-by-case section 7 consultations
to occur).
Civil Justice Reform (Executive Order
12988)
In accordance with Executive Order
12988 (Civil Justice Reform), the Office
of the Solicitor has determined that the
rule does not unduly burden the judicial
system and that it meets the
requirements of sections 3(a) and 3(b)(2)
of the Order. We have revised critical
habitat in accordance with the
provisions of the Act. To assist the
public in understanding the habitat
needs of the species, the rule identifies
the elements of physical or biological
features essential to the conservation of
the species. The designated areas of
critical habitat are presented on maps,
and the rule provides several options for
the interested public to obtain more
detailed location information, if desired.
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This rule does not contain any new
collections of information that require
approval by OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). This rule will not impose
recordkeeping or reporting requirements
on State or local governments,
individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
It is our position that, outside the
jurisdiction of the U.S. Court of Appeals
for the Tenth Circuit, we do not need to
prepare environmental analyses
pursuant to the National Environmental
Policy Act (NEPA), 42 U.S.C. 4321 et
seq., in connection with designating
critical habitat under the Act for the
reasons outlined in a notice published
in the Federal Register on October 25,
1983 (48 FR 49244). This position was
upheld by the U.S. Court of Appeals for
the Ninth Circuit (in a challenge to the
first rulemaking designating critical
habitat for the northern spotted owl.
Douglas County v. Babbitt, 48 F.3d 1495
(9th Cir. 1995), cert. denied 516 U.S.
1042 (1996)).
However, at our discretion, we
undertook an environmental assessment
for this revised critical habitat
designation, and notified the public of
the availability of the draft
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environmental assessment for the
proposed rule, for review and comment.
We took all substantive comments into
consideration, both to make revisions or
corrections in the environmental
assessment, and in the decisionmaking
process made in finalizing the
determination. In our final
environmental assessment, we were able
to make a finding of no significant
impact (FONSI) from this rulemaking
action. The final environmental
assessment is available at
www.regulations.gov and at https://
www.fws.gov/oregonfwo/Species/Data/
NorthernSpottedOwl/CriticalHabitat/
default.asp.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951), Executive
Order 13175, ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (November 6, 2000, and
as reaffirmed November 5, 2009), and
the Department of the Interior’s manual
at 512 DM 2, we readily acknowledge
our responsibility to communicate
meaningfully with recognized Federal
Tribes on a government-to-government
basis. The United States recognizes the
right of Indian tribes to self-government
and supports tribal sovereignty and selfdetermination, and recognizes the need
to consult with tribal officials when
developing regulations that have tribal
implications. In accordance with
Secretarial Order 3206 of June 5, 1997
(American Indian Tribal Rights, FederalTribal Trust Responsibilities, and the
Endangered Species Act), we readily
acknowledge our responsibilities to
work directly with tribes in developing
programs for healthy ecosystems, to
acknowledge that Indian lands are not
subject to the same controls as Federal
public lands, to remain sensitive to
Indian culture, and to make information
available to tribes. Even though we have
determined that there are no Indian
lands that meet the definition of critical
habitat for the northern spotted owl, and
therefore no Indian lands are included
in this designation, we will continue to
coordinate and consult with tribes
regarding resources within the revised
designation that are of cultural
significance to them.
XIV. References Cited
A complete list of references cited in
this rulemaking is available on the
Internet at https://www.regulations.gov
and upon request from the Oregon Fish
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and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this package
are the staff members of the Oregon Fish
and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
2. Amend § 17.95(b) by revising the
critical habitat entry for ‘‘Northern
Spotted Owl (Strix occidentalis
caurina)’’ to read as follows:
■
§ 17.95
Critical habitat—fish and wildlife.
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*
*
*
*
*
(b) Birds.
*
*
*
*
*
Northern Spotted Owl (Strix
occidentalis caurina)
(1) Critical habitat units are depicted
for the States of Washington, Oregon,
and California on the maps below.
(2) Critical habitat for the northern
spotted owl includes the following four
primary constituent elements set forth
in paragraph (2)(i) (primary constituent
element 1) through paragraph (2)(iv)
(primary constituent element 4) of this
entry. Each critical habitat unit must
include primary constituent element 1
and primary constituent element 2, 3, or
4:
(i) Primary constituent element 1:
Forest types that may be in early-,
mid-, or late-seral stages and that
support the northern spotted owl across
its geographical range. These forest
types are primarily:
(A) Sitka spruce;
(B) Western hemlock;
(C) Mixed conifer and mixed
evergreen;
(D) Grand fir;
(E) Pacific silver fir;
(F) Douglas-fir;
(G) White fir;
(H) Shasta red fir;
(I) Redwood/Douglas-fir (in coastal
California and southwestern Oregon);
and
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(J) The moist end of the ponderosa
pine coniferous forest zones at
elevations up to approximately 3,000 ft
(900 m) near the northern edge of the
range and up to approximately 6,000 ft
(1,800 m) at the southern edge.
(ii) Primary constituent element 2:
Habitat that provides for nesting and
roosting. In many cases the same habitat
also provides for foraging (primary
constituent element (3)). Nesting and
roosting habitat provides structural
features for nesting, protection from
adverse weather conditions, and cover
to reduce predation risks for adults and
young. This primary constituent
element is found throughout the
geographical range of the northern
spotted owl, because stand structures at
nest sites tend to vary little across the
northern spotted owl’s range. These
habitats must provide:
(A) Sufficient foraging habitat to meet
the home range needs of territorial pairs
of northern spotted owls throughout the
year; and
(B) Stands for nesting and roosting
that are generally characterized by:
(1) Moderate to high canopy cover (60
to over 80 percent).
(2) Multilayered, multispecies
canopies with large (20–30 inches (in)
(51–76 centimeters (cm)) or greater
diameter at breast height (dbh))
overstory trees.
(3) High basal area (greater than 240
ft2/acre; 55 m2/ha).
(4) High diversity of different
diameters of trees.
(5) High incidence of large live trees
with various deformities (e.g., large
cavities, broken tops, mistletoe
infections, and other evidence of
decadence).
(6) Large snags and large
accumulations of fallen trees and other
woody debris on the ground.
(7) Sufficient open space below the
canopy for northern spotted owls to fly.
(iii) Primary constituent element 3:
Habitat that provides for foraging, which
varies widely across the northern
spotted owl’s range, in accordance with
ecological conditions and disturbance
regimes that influence vegetation
structure and prey species distributions.
Across most of the owl’s range, nesting
and roosting habitat is also foraging
habitat, but in some regions northern
spotted owls may additionally use other
habitat types for foraging as well. The
foraging habitat PCEs for the four
ecological zones within the geographical
range of the northern spotted owl are
generally the following:
(A) West Cascades/Coast Ranges of
Oregon and Washington.
(1) Stands of nesting and roosting
habitat; additionally, owls may use
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younger forests with some structural
characteristics (legacy features) of old
forests, hardwood forest patches, and
edges between old forest and
hardwoods.
(2) Moderate to high canopy cover (60
to over 80 percent).
(3) A diversity of tree diameters and
heights.
(4) Increasing density of trees greater
than or equal to 31 in (80 cm) dbh
increases foraging habitat quality
(especially above 12 trees per ac (30
trees per ha)).
(5) Increasing density of trees 20 to 31
in (51 to 80 cm) dbh increases foraging
habitat quality (especially above 24 trees
per ac (60 trees per ha)).
(6) Increasing snag basal area, snag
volume (the product of snag diameter,
height, estimated top diameter, and
including a taper function), and density
of snags greater than 20 in (50 cm) dbh
all contribute to increasing foraging
habitat quality, especially above 10
snags/ha.
(7) Large accumulations of fallen trees
and other woody debris on the ground.
(8) Sufficient open space below the
canopy for northern spotted owls to fly.
(B) East Cascades.
(1) Stands of nesting and roosting
habitat.
(2) Stands composed of Douglas-fir
and white fir/Douglas-fir mix.
(3) Mean tree size (quadratic mean
diameter greater than 16.5 in (42 cm)).
(4) Increasing density of large trees
(greater than 26 in (66 cm)) and
increasing basal area (the cross-sectional
area of tree boles measured at breast
height), which increases foraging habitat
quality.
(5) Large accumulations of fallen trees
and other woody debris on the ground.
(6) Sufficient open space below the
canopy for northern spotted owls to fly.
(C) Klamath and Northern California
Interior Coast Ranges.
(1) Stands of nesting and roosting
habitat; in addition, other forest types
with mature and old-forest
characteristics.
(2) Presence of conifer species such as
incense-cedar, sugar pine, and Douglasfir and hardwood species such as bigleaf
maple, black oak, live oaks, and
madrone, as well as shrubs.
(3) Forest patches within riparian
zones of low-order streams and edges
between conifer and hardwood forest
stands.
(4) Brushy openings and dense young
stands or low-density forest patches
within a mosaic of mature and older
forest habitat.
(5) High canopy cover (87 percent at
frequently used sites).
(6) Multiple canopy layers.
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(7) Mean stand diameter greater than
21 in (52.5 cm).
(8) Increasing mean stand diameter
and densities of trees greater than 26 in
(66 cm) increases foraging habitat
quality.
(9) Large accumulations of fallen trees
and other woody debris on the ground.
(10) Sufficient open space below the
canopy for northern spotted owls to fly.
(D) Redwood Coast.
(1) Nesting and roosting habitat; in
addition, stands composed of hardwood
tree species, particularly tanoak.
(2) Early-seral habitats 6 to 20 years
old with dense shrub and hardwood
cover and abundant woody debris; these
habitats produce prey, and must occur
in conjunction with nesting, roosting, or
foraging habitat.
(3) Increasing density of small-tomedium sized trees (10 to 22 in; 25 to
56 cm), which increases foraging habitat
quality.
(4) Trees greater than 26 in (66 cm) in
diameter or greater than 41 years of age.
(5) Sufficient open space below the
canopy for northern spotted owls to fly.
(iv) Primary constituent element 4:
Habitat to support the transience and
colonization phases of dispersal, which
in all cases would optimally be
composed of nesting, roosting, or
foraging habitat (PCEs 2 or 3), but which
may also be composed of other forest
types that occur between larger blocks
of nesting, roosting, and foraging
habitat. In cases where nesting, roosting,
or foraging habitats are insufficient to
provide for dispersing or nonbreeding
owls, the specific dispersal habitat PCEs
for the northern spotted owl may be
provided by the following:
(A) Habitat supporting the transience
phase of dispersal, which includes:
(1) Stands with adequate tree size and
canopy cover to provide protection from
avian predators and minimal foraging
opportunities; in general this may
include, but is not limited to, trees with
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at least 11 in (28 cm) dbh and a
minimum 40 percent canopy cover; and
(2) Younger and less diverse forest
stands than foraging habitat, such as
even-aged, pole-sized stands, if such
stands contain some roosting structures
and foraging habitat to allow for
temporary resting and feeding during
the transience phase.
(B) Habitat supporting the
colonization phase of dispersal, which
is generally equivalent to nesting,
roosting and foraging habitat as
described in PCEs 2 and 3, but may be
smaller in area than that needed to
support nesting pairs.
(3) Critical habitat does not include:
(i) manmade structures (such as
buildings, aqueducts, runways, roads,
other paved areas, or surface mine sites)
and the land on which they are located;
and
(ii) meadows, grasslands, oak
woodlands, or aspen woodlands as
described below existing on January 3,
2013 and not containing primary
constituent elements 1 and 2, 3, or 4 as
described in paragraph (2) of this entry.
(A) Meadows and grasslands include:
dry, upland prairies and savannas in
valleys and foothills of western
Washington, Oregon, and northwest
California; subalpine meadows; and
grass and forb dominated cliffs, bluffs
and grass balds found throughout these
same areas. These areas are dominated
by native grasses and diverse forbs, and
may include a minor savanna
component of Oregon white oak,
Douglas-fir, or Ponderosa pine.
(B) Oak woodlands are characterized
by an open canopy dominated by
Oregon white oak. These areas may also
include ponderosa pine, California
black oak, Douglas-fir, or canyon live
oak. The understory is relatively open
with shrubs, grasses and wildflowers.
Oak woodlands are typically found in
drier landscapes and on south-facing
slopes. This exception for oak
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woodlands does not include tanoak
(Notholithocarpus densiflorus) stands,
closed-canopy live oak (Quercus
agrifolia) woodlands and open-canopied
valley oak (Quercus lobata) and mixedoak woodlands in subunits ICC–6 and
RDC–5 in Napa, Sonoma, and Marin
Counties, California.
(C) Aspen (Populus spp.) woodlands
are dominated by aspen trees with a
forb, grass or shrub understory and are
typically found on mountain slopes,
rock outcrops and talus slopes, canyon
walls, and some seeps and stream
corridors. This forest type also can
occur in riparian areas or in moist
microsites within drier landscapes.
(4) We have determined that the
physical and biological features in
habitat occupied by the species at the
time it was listed, as represented by the
primary constituent elements, may
require special management
considerations or protection as required
by 16 U.S.C. 1532(5)(A). However,
nothing in this rule requires land
managers to implement, or precludes
land managers from implementing,
special management or protection
measures.
(5) Critical habitat map units. The
designated critical habitat units for the
northern spotted owl are depicted on
the maps below. The coordinates or plot
points or both on which each map is
based are available at the field office
Internet site (https://www.fws.gov/
oregonfwo), https://www.regulations.gov
at Docket No. FWS–R1–ES–2011–0112,
and at the Service’s Oregon Fish and
Wildlife Office. You may obtain field
office location information by
contacting one of the Service regional
offices, the addresses of which are listed
at 50 CFR 2.2.
(6) Note: Index map of critical habitat
units for the northern spotted owl in the
State of Washington follows:
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(7) Note: Index map of critical habitat
units for the northern spotted owl in the
State of Oregon follows:
72054
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
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(8) Note: Index map of critical habitat
units for the northern spotted owl in the
State of California follows:
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
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Coast Ranges and Olympic Peninsula,
Oregon and Washington, follow:
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srobinson on DSK4SPTVN1PROD with
(9) Unit 1: North Coast Ranges and
Olympic Peninsula, Oregon and
Washington. Maps of Unit 1: North
72055
72056
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
Critical Habitat for Northern Spotted Owl (Strix occidentalis caurina)
Unit
Coast
Subunits
- NCO 2,
\Ah"",,,i,~,,tr,,,
Habitat
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Subunit Boundary
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
72057
Critical Habitat for Northern Spotted Owl (Strix occidentalis caurina)
Coast
NC04-
Critical Habitat
Highway
Subunit
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ER04DE12.005</GPH>
srobinson on DSK4SPTVN1PROD with
County
72058
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
(10) Unit 2: Oregon Coast Ranges,
Oregon. Map of Unit 2, OregonCoast
Ranges, Oregon, follows:
Critical Habitat for Northern Spotted Owt (Strix occidentalis caurina)
Unit 2:
Coast
OCR 1 - OCR 6,
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srobinson on DSK4SPTVN1PROD with
Oregon
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
72059
(11) Unit 3: Redwood Coast, Oregon
and California. Map of Unit 3, Redwood
Coast, Oregon and California, follows:
Critical Habitat for Northern Spotted Owl (Strix occidentalis caurlna)
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and California
E:\FR\FM\04DER2.SGM
04DER2
ER04DE12.007</GPH>
srobinson on DSK4SPTVN1PROD with
Unit 3: Redwood Coast, Subunits ROC 1 - ROC 5,
72060
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
(12) Unit 4: West Cascades North,
Washington. Map of Unit 4, West
Cascades North, Washington, follows:
Critical Habitat for Northern Spotted Owl (Strix occidentalis caurina)
Unit 4:
North,
WeN 1 -
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17:32 Dec 03, 2012
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ER04DE12.008</GPH>
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Subunit Boundary
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
72061
(13) Unit 5: West Cascades Central,
Washington. Map of Unit 5, West
Cascades Central, Washington, follows:
Critical Habitat for Northern Spotted Owl (Strix occidentalis caurina)
Unit 5: West Cascades
Subunits WCC 1 - WCC 3, \1V"""""'''''I"'''
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srobinson on DSK4SPTVN1PROD with
Critical Habitat
72062
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
(14) Unit 6: West Cascades South,
Washington. Map of Unit 6, West
Cascades South, Washington, follows:
Critical Habitat for Northern Spotted Owl (Str/x oce/dentalis caurina)
Unit 6: West Cascades South, Subunits WCS 1 - WCS 6,
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Critical Habitat
E:\FR\FM\04DER2.SGM
04DER2
ER04DE12.010</GPH>
srobinson on DSK4SPTVN1PROD with
A
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
(15) Unit 7: East Cascades North,
Washington and Oregon. Maps of Unit
72063
7, East Cascades North, Washington and
Oregon, follow:
Critical Habitat for Northern Spotted Owl (Strix occidentalis caurina)
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Subunits
PO 00000
Frm 00189
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1 - ECN 5,
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Unit 7: East
72064
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
Critical Habitat for Northern Spotted Owl (Strix occidentalls caurina)
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North,
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ECN 6 - ECN 9,
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Unit 7:
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
(16) Unit 8: East Cascades South,
California and Oregon. Map of Unit 8,
72065
East Cascades South, California and
Oregon, follows:
Critical Habitat for Northern Spotted Owl (Str/x occldentalls caurlna)
Unit 8: East Cascades
Subunits ECS 1 - ECS 3, California and
A
•
Cily
/'/
............... Subunit Boundaf\l
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srobinson on DSK4SPTVN1PROD with
Counly
72066
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
(17) Unit 9: Klamath West, Oregon
and California. Map of Unit 9: Klamath
West, Oregon and California, follows:
Critical Habitat for Northern Spotted Owl (Strix occidenta/is caurina)
VerDate Mar<15>2010
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Subunits KLW 1 - KLW 9,
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and California
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Unit 9: Klamath
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
72067
(18) Unit 10: Klamath East, California.
Map of Unit 10: Klamath East,
California, follows:
Critical Habitat for Northern Spotted Owl (Strix occidentalis caurina)
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Klamath East, Subunits KLE 1 KLE
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California and
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Unit
72068
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
(19) Unit 11: Interior California Coast,
California. Map of Unit 11: Interior
California Coast, California, follows:
Critical Habitat for Northern Spotted Owt (Strix occidentalis caurina)
Unit 11: Interior California Coast, Subunits ICC 1 -ICC 6, California
*
*
*
Dated: November 20, 2012.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
*
[FR Doc. 2012–28714 Filed 12–3–12; 8:45 am]
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*
]]>Agencies
[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Rules and Regulations]
[Pages 71875-72068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28714]
[[Page 71875]]
Vol. 77
Tuesday,
No. 233
December 4, 2012
Part II
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Revised
Critical Habitat for the Northern Spotted Owl; Final Rule
Federal Register / Vol. 77 , No. 233 / Tuesday, December 4, 2012 /
Rules and Regulations
[[Page 71876]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2011-0112; 4500030114]
RIN 1018-AX69
Endangered and Threatened Wildlife and Plants; Designation of
Revised Critical Habitat for the Northern Spotted Owl
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, designate revised
critical habitat for the northern spotted owl (Strix occidentalis
caurina) under the Endangered Species Act. In total, approximately
9,577,969 acres (ac) (3,876,064 hectares (ha)) in 11 units and 60
subunits in California, Oregon, and Washington fall within the
boundaries of the critical habitat designation.
DATES: The rule becomes effective on January 3, 2013.
ADDRESSES: The final rule and the associated economic analysis and
environmental assessment are available on the Internet at https://www.regulations.gov at Docket No. FWS-R1-ES-2011-0112. Comments and
materials received, as well as supporting documentation used in
preparing this final rule, are available for public inspection, by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE. 98th Ave.,
Suite 100, Portland, OR 97266; telephone 503-231-6179; facsimile 503-
231-6195.
The coordinates or plot points or both from which the maps are
generated are included in the administrative record for this critical
habitat designation and are available at https://www.fws.gov/oregonfwo,
at https://www.regulations.gov at Docket No. FWS-R1-ES-2011-0112, and at
the Oregon Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT). The additional tools and supporting information that we
developed for this critical habitat designation are available at the
Fish and Wildlife Service Web site and Field Office set out above and
at https://www.regulations.gov.
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, OR 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:
Organization of the Final Rule
This final rule describes the revised critical habitat designation
for the northern spotted owl under the Endangered Species Act of 1973,
as amended (Act) (16 U.S.C. 1531 et seq.). The pages that follow
summarize the comments and information received in response to the
proposed designation published on March 8, 2012 (77 FR 14062), and in
response to the notice of availability of the draft economic analysis
and draft environmental assessment of the proposed revised designation
published on June 1, 2012 (77 FR 32483), describe any changes from the
proposed rule, and detail the final designation for the northern
spotted owl. To assist the reader, the content of the document is
organized as follows:
I. Executive Summary
II. Background
Introduction
An Ecosystem-Based Approach to the Conservation of the Northern
Spotted Owl and Managing Its Critical Habitat
Critical Habitat and the Northwest Forest Plan
Forest Management Activities in Northern Spotted Owl Critical
Habitat
Research and Adaptive Management
The Biology and Ecology of the Northern Spotted Owl
III. Previous Federal Actions
IV. Changes From the Proposed Rule
V. Changes From Previously Designated Critical Habitat
VI. Critical Habitat
Background
Physical or Biological Features
Physical Influences Related to Features Essential to the
Northern Spotted Owl
Biological Influences Related to Features Essential to the
Northern Spotted Owl
Physical or Biological Features by Life-History Function
Primary Constituent Elements for the Northern Spotted Owl
Special Management Considerations or Protection
VII. Criteria Used To Identify Critical Habitat
Occupied Areas
Summary of Determination of Areas That Are Essential
Unoccupied Areas
VIII. Final Critical Habitat Designation
IX. Effects of Critical Habitat Designation
Section 7 Consultation
Determinations of Adverse Effects and Application of the
``Adverse Modification'' Standard
Section 7 Process Under This Critical Habitat Rule
X. Exemptions
XI. Exclusions
XII. Summary of Comments and Responses
Comments From Peer Reviewers
Comments From Federal Agencies
Comments From State Agencies
Comments From Counties
Public Comments
Economic Analysis Comments
Environmental Assessment Comments
XIII. Required Determinations
Regulatory Planning and Review--Executive Order 12866/13563
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Energy Supply, Distribution, or Use--Executive Order 13211
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
Takings--Executive Order 12630
Federalism--Executive Order 13132
Civil Justice Reform--Executive Order 12988
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
Government-to-Government Relationship With Tribes
XIV. References Cited
Regulation Promulgation
I. Executive Summary
Why we need to publish a rule. This is a final rule to designate
revised critical habitat for the northern spotted owl. Under the
Endangered Species Act of 1973, as amended (Act), designations and
revisions of critical habitat can only be completed through rulemaking.
We, the U.S. Fish and Wildlife Service (Service), listed the
northern spotted owl as threatened on June 26, 1990 (55 FR 26114),
because of widespread loss of habitat across its range and the
inadequacy of existing regulatory mechanisms to conserve it. We
previously designated critical habitat for the northern spotted owl in
1992 and 2008. The 2008 designation (73 FR 47326, August 13, 2008) was
subsequently challenged in court. In July 2009, the Federal Government
requested voluntary remand of the 2008 revised critical habitat
designation. On March 8, 2012, we published in the Federal Register a
revised proposed critical habitat designation for the northern spotted
owl (77 FR 14062). This rule complies with the court-ordered deadline
to submit a final revised critical habitat rule for the northern
spotted owl to the Federal Register by November 21, 2012.
Section 4(b)(2) of the Act states that the Secretary shall
designate critical habitat on the basis of the best available
scientific data after taking into consideration the economic impact,
national security impact, and any other relevant impact of specifying
any particular area as critical habitat. The critical habitat areas we
are designating in this rule constitute our current best assessment of
the areas that meet the
[[Page 71877]]
definition of critical habitat for the northern spotted owl.
The rule revises our designation of critical habitat in Washington,
Oregon, and California. Consistent with the best scientific data
available, the standards of the Act and our regulations, we are
designating 9,577,969 ac (3,876,064 ha) in 11 units and 60 subunits in
California, Oregon, and Washington that meet the definition of critical
habitat. The approximate totals by State and comparison to previous
designations are outlined below, as follows (note some units and
subunits overlap State boundaries; therefore, totals do not add up to
11 units and 60 subunits):
Approximately 2,918,067 ac (1,180,898 ha) in 4 units and
26 subunits in Washington.
Approximately 4,557,852 ac (1,844,496 ha) in 8 units and
58 subunits in Oregon.
Approximately 2,102,050 ac (850,669 ha) in 5 units and 36
subunits in California.
This designation increases previously designated critical
habitat, including the addition of 272,026 ac (110,085 ha) ac of State
lands. However, this final critical habitat designation is a decrease
from the 13,962,449 ac (5,649,660 ha) identified as meeting the
definition of critical habitat in the March 8, 2012 (77 FR 14062)
proposed rule.
We have also excluded areas of State and private land from
this designation of critical habitat under section 4(b)(2) of the Act,
as explained in the Exclusions section of this rule.
The Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011;
hereafter ``Revised Recovery Plan'') recommends that land managers: (1)
conserve older forest, high-value habitat, and areas occupied by
northern spotted owls; and (2) actively manage forests to restore
ecosystem health in many parts of the species' range. In developing
this critical habitat designation, we also recognize the importance of
the Northwest Forest Plan (NWFP) and its land management strategy for
conservation of native species associated with old-growth and late-
successional forest, including the northern spotted owl. The
designation of areas as critical habitat does not change land use
allocations or Standards and Guidelines for management under the NWFP,
nor does this rule establish any management plan or prescriptions for
the management of critical habitat. However, we encourage land managers
to consider implementation of forest management practices recommended
in the Revised Recovery Plan to restore natural ecological processes
where they have been disrupted or suppressed (e.g., natural fire
regimes), and application of ``ecological forestry'' management
practices (e.g., Gustafsson et al. 2012, entire; Franklin et al. 2007,
entire; Kuuluvian and Grenfell et al. 2012 entire) within critical
habitat to reduce the potential for adverse impacts associated with
commercial timber harvest when such harvest is planned within or
adjacent to critical habitat. In sum, the Service encourages land
managers to consider the conservation of existing high-quality northern
spotted owl habitat, the restoration of forest ecosystem health, and
the ecological forestry management practices recommended in the Revised
Recovery Plan that are compatible with both the goals of northern
spotted owl recovery and Standards and Guidelines of the NWFP.
The basis for our action. This final critical habitat designation
is based on the current status and recent scientific research on
northern spotted owl populations. We used the best scientific
information available to identify those specific areas within the
geographical area occupied by the species at the time it was listed on
which are found those physical or biological features essential to the
conservation of the species, and which may require special management
considerations or protection. For the northern spotted owl, these
features include particular forest types that are used or likely to be
used by northern spotted owls for nesting, roosting, foraging, or
dispersing habitat. In addition, we used the best available information
to identify those areas that are otherwise determined to be essential
to the conservation of the species.
We relied on the recovery criteria set forth in the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011) to determine
what is essential to the conservation of the species; therefore we have
identified a habitat network that meets the following criteria:
Ensures sufficient habitat to support stable, healthy
populations across the range, and also within each of the 11 recovery
units;
Ensures distribution of northern spotted owl populations
across the range of habitat conditions used by the species;
Incorporates uncertainty, including potential effects of
barred owls, climate change, and wildfire disturbance risk; and
Recognizes that these protections are meant to work in
concert with other recovery actions, such as barred owl management.
To assist us in determining critical habitat, we integrated habitat
and demographic information (relating to occupancy, survival,
reproduction, and movement) to develop a modeling tool that assesses
the distribution of habitat quality and population dynamics across the
range, and provides a more accurate picture of where high-quality
northern spotted owl habitat exists. This model synthesized more than
20 years of data from on-the-ground demographic surveys, and allowed
for analysis of how northern spotted owl populations would fare under
different habitat conservation scenarios. We determined what is
essential to recovery of the northern spotted owl by evaluating the
performance of each potential critical habitat scenario considered
against the recovery needs of the owl.
Peer reviewers support our methods. We solicited expert opinions
from knowledgeable individuals with scientific expertise that included
familiarity with the species, the geographic region in which the
species occurs, and conservation biology principles. These peer
reviewers generally concurred with our methods and conclusions and
provided additional information, clarifications, and suggestions to
improve this final rule.
Consistency with Presidential Directive. On February 28, 2012, the
President issued a memorandum to the Secretary of the Interior
regarding the proposed revised critical habitat for the northern
spotted owl, specifically on minimizing regulatory burdens. The Service
has fully addressed each of the directives in this memo and has taken
steps to comply with this directive, including:
We conducted and completed, as is the Service's normal
practice, an economic analysis on the probable impacts of the proposed
revised critical habitat.
We provided a description of ecological forestry management
actions that may be compatible with both northern spotted owl recovery
and timber harvest, as recommended in the Revised Recovery Plan for the
Northern Spotted Owl. This discussion appears in the following sections
of this rule:
[cir] An Ecosystem-based Approach to the Conservation of the
Northern Spotted Owl and Managing Its Critical Habitat
[cir] Special Management Considerations or Protection
[cir] Determination of Adverse Effects and Application of the
``Adverse
[[Page 71878]]
Modification'' Standard.
We note, however, that this discussion of ecological forestry is
provided to Federal, State, local and private land managers, as well as
the public, for their consideration as they make decisions on the
management of forest land under their jurisdictions and through their
normal processes. This critical habitat rule itself does not take any
action or adopt any policy, plan, or program in relation to active
forest management.
As per the Service's normal practice, we solicited public
review and comment on this rulemaking action, using information thus
gained to correct and refine our designation.
We fully considered exclusion of private lands and State
lands from the final revised critical habitat, consistent with the best
available scientific and commercial information.
The Service appreciates, and is sensitive to, the potential for
regulatory burden that may result from our designation of critical
habitat for the northern spotted owl under the Act. Our analysis
indicated that the revision of critical habitat could have relatively
little incremental effect above and beyond the conservation measures
already required as a result of its threatened species status under the
Act, and thus is not expected to impose substantial additional
regulatory burdens. The Service appreciates, and relies on the many
partners we have in conservation, including private landowners, Tribes,
States, and local governments, and strongly desires to promote
conservation partnerships to conserve, protect, and enhance fish,
wildlife, plants, and their habitats for the continuing benefit of the
American people.
Costs and benefits. In order to identify and analyze the potential
economic impacts of the designation of critical habitat for the
northern spotted owl, we worked with a contractor to draft an economic
analysis report, which was released in May of 2012 and finalized
following consideration and incorporation of public comment. The report
looked at a variety of economic activities including timber harvest,
wildlife management, road construction, and other forest management
activities, but focused primarily on timber management. It concludes
that only a relatively small portion of the overall proposed revised
designation may result in more than minor incremental administrative
costs. It found that potential incremental changes in timber harvests
on Bureau of Land Management and U.S. Forest Service lands may occur on
approximately 1,449,534 ac (585,612 ha) proposed for designation, or 10
percent of the total lands included in the proposed designation and
that there is the potential for 307,308 ac (123,364 ha) of private land
to experience incremental changes in harvests, or approximately 2
percent of total lands proposed. No incremental changes in harvests are
expected on State lands.
II. Background
It is our intent to discuss only those topics directly relevant to
the revised designation of critical habitat in this rule. For further
details regarding northern spotted owl biology and habitat, population
abundance and trend, distribution, demographic features, habitat use
and conditions, threats, and conservation measures, please see the
Northern Spotted Owl 5-year Review Summary and Evaluation, completed
October 26, 2011, and the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011), completed July 1, 2011. Both of these
documents are available on the U.S. Fish and Wildlife Service's
Endangered Species Web site at https://ecos.fws.gov/; under ``Species
Search,'' enter ``northern spotted owl.'' As detailed below, Appendix C
of the Revised Recovery Plan is particularly informative, as we used
the habitat modeling process it describes as a tool to help identify
areas containing the essential physical and biological features or
areas that were otherwise essential to the conservation of the northern
spotted owl in this revised designation of critical habitat.
Furthermore, the recovery criteria for the northern spotted owl, as
described in the Revised Recovery Plan (USFWS 2011, pp. I-1 to I-2),
helped to discriminate between the various scenarios considered in the
modeling process in terms of assessing which of the habitat networks
evaluated included what is essential to the conservation of the
northern spotted owl in the most efficient configuration possible.
Introduction
The northern spotted owl inhabits structurally complex forests from
southwestern British Columbia through Washington and Oregon to northern
California. The northern spotted owl was listed under the Act as a
threatened species in 1990 because of widespread loss of habitat across
its range and the inadequacy of existing regulatory mechanisms to
conserve it (55 FR 26114; June 26, 1990). Although the rate of loss of
habitat due to timber harvest has been reduced on Federal lands over
the past two decades, both past and current habitat loss remain a
threat to the northern spotted owl. Despite implementation of habitat
conservation measures in the early 1990s, Thomas et al. (1990, p. 5)
and USDI (1992, Appendix C) foresaw that owl populations would continue
to decline for several decades, even with habitat conservation, as the
consequence of lag effects at both individual and population levels.
However, many populations of northern spotted owls have declined at a
faster rate than anticipated, especially in the northern parts of the
subspecies' range (Anthony et al. 2006, pp. 31-32; Forsman et al. 2011,
pp. 65, 76). We now know that the suite of threats (detailed below)
facing the northern spotted owl differs from those at the time it was
listed; in addition to the effects of historical and ongoing habitat
loss, the northern spotted owl faces a new significant and complex
threat in the form of competition from the congeneric (referring to a
member of the same genus) barred owl (USFWS 2011, pp. I-7 to I-8).
During the second half of the 20th century, barred owls expanded
their range from eastern to western North America, and the range of the
barred owl now completely overlaps that of the northern spotted owl
(Guti[eacute]rrez et al. 1995, p. 3; Crozier et al. 2006, p. 761).
Barred owls compete with northern spotted owls for habitat and
resources for breeding, feeding, and sheltering, and the presence of
barred owls has significant negative effects on northern spotted owl
reproduction, survivorship, and successful occupation of territories
(see Population Status and Trends, below). The loss of habitat has the
potential to intensify competition with barred owls by reducing the
total amount of resources available to the northern spotted owl and by
increasing the likelihood and frequency of competitive interactions.
While there are important differences in the ecology between barred
owls and northern spotted owls, barred owls select very similar habitat
for breeding, feeding, and sheltering, and loss of habitat has the
potential to intensify competition between species. While conserving
habitat will not completely alleviate the barred owl threat, Dugger et
al. (2011, pp. 2464-2465) found that northern spotted owl occupancy and
colonization rates decreased as both barred owl presence increased and
available habitat decreased. Similar to another case in which increased
suitable habitat was required to support two potentially competing
raptors, these authors concluded that increased habitat protection for
northern spotted owls
[[Page 71879]]
may be necessary to provide for sustainable populations in the presence
of barred owls in some areas (Dugger et al. 2011, p. 2467). Maintaining
high-quality habitat has been important since the northern spotted owl
was initially listed as a threatened species in 1990, and this
competitive pressure from barred owls has intensified the need to
conserve and restore large areas of contiguous, high-quality habitat
across the range of the northern spotted owl (Dugger et al. 2011, p.
2464; Forsman et al. 2011, p. 76; USFWS 2011, Recovery Action 32
[RA32], p. III-67).
It is becoming increasingly evident that solely securing habitat
will not be effective in achieving the recovery of the northern spotted
owl when barred owls are present (USFWS 2011, p. vi). While
conservation of high-quality habitat is essential for the recovery and
conservation of the owl, habitat conservation alone is not sufficient
to achieve recovery objectives. As stated in the Revised Recovery Plan,
``* * * addressing the threats associated with past and current habitat
loss must be conducted simultaneously with addressing the threats from
barred owls. Addressing the threat from habitat loss is relatively
straightforward with predictable results. However, addressing a large-
scale threat of one raptor on another, closely related raptor has many
uncertainties'' (USFWS 2011, p. I-8). A designation of critical habitat
is intended to ameliorate habitat-based threats to an endangered or
threatened species; critical habitat cannot reasonably be expected to
fully address other, non-habitat-related threats to the species. In the
case of the northern spotted owl, the recovery goal of supporting
population viability and demographically stable populations of northern
spotted owls will likely require habitat conservation in concert with
the implementation of recovery actions that address other, non-habitat-
based threats to the species, including the barred owl. In addition,
recovery actions include scientific evaluation of potential management
options to reduce the impact of barred owls on northern spotted owls
(USFWS 2011, Recovery Action 29 [RA29], p. III-65), and implementation
of management actions determined to be effective (USFWS 2011, Recovery
Action 30 [RA30], p. III-65).
When developing a critical habitat rule, the Service must use the
best scientific information available to identify critical habitat as
defined in section (3)(5)(A) of the Act, which are (i) the specific
areas within the geographical area occupied by the species at the time
it was listed that provide the physical or biological features
essential for the conservation of the species, and which may require
special management considerations or protection, and (ii) specific
areas outside the geographical area occupied by the species at the time
it was listed that are otherwise determined to be essential to the
conservation of the species. However, like most critical habitat
designations, this rule addresses elements of risk management, because
we must make recommendations and decisions in the face of incomplete
information and uncertainty about factors influencing northern spotted
owl populations. This uncertainty exists even though the northern
spotted owl is among the most thoroughly studied of listed species. We
understand a great deal about the habitats the subspecies prefers and
the factors that influence its demographic trends. Nonetheless,
considerable uncertainty remains, particularly about interactions among
different factors that threaten the owl.
In the face of such uncertainty, the Revised Recovery Plan proposes
strategies to address the primary threats to the northern spotted owl
from habitat loss and barred owls (USFWS 2011, p. I-7). The effects of
climate change and of past management practices are changing forest
ecosystem processes and dynamics, including patterns of wildfires,
insect outbreaks, and disease, to a degree greater than anticipated in
the Northwest Forest Plan (NWFP) (Hessburg et al. 2005, pp. 134-135;
Carroll et al. 2010, p. 899; Spies et al. 2010, entire; USFWS 2011, p.
I-8). At the same time, the expansion of barred owl populations is
altering the capacity of intact habitat to support northern spotted
owls. Projecting the effects of these factors and their interactions
into the future leads to even higher levels of uncertainty, especially
considering how the influences of different threats may vary across the
owl's large geographical range. It is clear that ecosystem-level
changes are occurring within the northern spotted owl's forest habitat.
The development of a critical habitat network for the northern
spotted owl must take into account current uncertainties, such as those
associated with barred owl impacts and climate change predictions
(USFWS 2011, p. III-10). These uncertainties require that we make some
assumptions about likely future conditions in developing, modeling, and
evaluating potential critical habitat for the northern spotted owl;
those assumptions are identified clearly in this rule (see Criteria
Used to Identify Critical Habitat, below) and in our supporting
documentation (Dunk et al. 2012b, entire).
Given the continued decline of northern spotted owl populations,
the apparent increase in severity of the threat from barred owls, and
information indicating a recent loss of genetic diversity for the
subspecies, retaining both occupied northern spotted owl sites and
unoccupied, high-value northern spotted owl habitat across the
subspecies' range are key components for recovery (USFWS 2011, p. I-9).
High-value habitat is defined in the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011) as habitat that is important for
maintaining northern spotted owls on landscapes, including areas with
current and historic use by northern spotted owls. We refer readers to
the glossary (Appendix G) of the Revised Recovery Plan for definitions
of forest stand conditions and habitat types discussed in this rule.
Accordingly, in this rule, we have identified areas of habitat
occupied at the time of listing that provide the physical or biological
features essential to the conservation of the northern spotted owl, and
that may require special management considerations or protection. When
occupied areas were not adequate to achieve essential recovery goals,
we also identified some unoccupied areas as critical habitat for the
northern spotted owl only upon a determination that such areas are
essential to the conservation of the species (see the second part of
the definition of critical habitat in section (3)(5)(a)(ii), which
states that critical habitat also includes ``specific areas outside the
geographical area occupied by the species at the time of listing in
accordance with the provisions of section 4 of this Act, upon a
determination by the Secretary that such areas are essential for the
conservation of the species.'') However, it is important to note that
this revised designation of critical habitat does not include all sites
where northern spotted owls are presently known to occur. The habitat
modeling that we used, in part, to assist us in developing this revised
designation was based primarily on present habitat suitability. While
we did also consider the present known locations of northern spotted
owls in refining the identified habitat network, not all such sites
were included in the revised designation if those areas did not make a
significant contribution to population viability (for example, if known
sites were too small or isolated to play a meaningful role in the
conservation of the species; see Criteria Used to Identify Critical
Habitat). This is in accordance with section 3(5)(C) of
[[Page 71880]]
the Act, which specifies that ``critical habitat shall not include the
entire geographical area which can be occupied by the threatened or
endangered species.''
Because of the uncertainties associated with the effects of barred
owl interactions with the northern spotted owl and habitat changes that
may occur as a result of climate change, active adaptive forest
management strategies will be needed to achieve results in certain
landscapes. Active adaptive forest management is a systematic approach
for improving resource management by learning from the results of
explicit management policies and practices and applying that learning
to future management decisions (USFWS 2011, p. G-1). This critical
habitat rule identifies key sources of uncertainty, and the need to
learn from our management of forests that provide habitat for northern
spotted owls. We have designated a critical habitat network that was
developed based on what we determined to be the areas containing the
physical and biological features essential for the conservation of the
northern spotted owl or are otherwise essential to owl conservation,
after taking into consideration information on essential habitats, the
current distribution of those habitats, and the best available
scientific knowledge about northern spotted owl population dynamics,
while acknowledging uncertainty about future conditions in Pacific
Northwest forests.
An Ecosystem-Based Approach to the Conservation of the Northern Spotted
Owl and Managing Its Critical Habitat
Section 2 of the Act states, ``The purposes of this Act are to
provide a means whereby the ecosystems upon which endangered species
and threatened species depend may be conserved.'' Although the
conservation of the listed species is the specific objective of a
critical habitat designation, the essential physical or biological
features that serve as the basis of critical habitat are often
essential components of the ecosystem upon which the species depends.
In such cases, a fundamental goal of critical habitat management is not
only to conserve the listed species, but also to conserve the ecosystem
upon which that species depends. This is the case with the northern
spotted owl.
An ecosystem is defined as a biological community of interacting
organisms and their physical environment, or as the complex of a
community of organisms and its environment functioning as an ecological
unit (Krebs 1972, pp. 10-11; Ricklefs 1979, pp. 31-32, 869). These
ecosystem interactions and functions are often referred to as
ecological relationships or processes. Thus, to conserve the northern
spotted owl as directed by the Act, one must also conserve the
ecological processes that occur within the ecological landscape
inhabited by the species. These processes--such as vegetation
succession, forest fire regimes, and nutrient cycling--create and shape
the physical or biological features that form the foundation of
critical habitat. The northern spotted owl was initially listed as a
threatened species largely due to the loss or degradation of the late-
successional forest ecosystems upon which it depends. A complex
interaction of physical or biological factors contribute to the
development and maintenance of these ecosystems, which in turn provide
the northern spotted owl with the environmental conditions required for
its conservation and survival, such as large areas of suitable habitat,
nest structures, and sufficient prey to sustain interconnected
populations of owls across the landscape. A fundamental goal of
critical habitat management should thus be to understand, describe, and
conserve these processes, which in turn will maintain the physical or
biological features essential to the conservation of the species. This
``ecosystem approach'' will ultimately have the highest likelihood of
conserving listed species such as the northern spotted owl in the long
term (Knight 1998, p. 43).
The U.S. Forest Service, which manages the great majority of areas
being designated as revised northern spotted owl critical habitat, has
prioritized restoring and maintaining natural ecological function and
resiliency to its forest lands (Blate et al. 2009, entire; USDA 2010,
entire; Tidwell 2011, entire). Active adaptive forest management within
critical habitat, as discussed herein for the consideration of land
managers, may be fully compatible and consistent with these landscape-
level ecosystems. Most importantly, this approach is compatible with
the ecosystem-based approach of the Northwest Forest Plan.
Revised critical habitat for the northern spotted owl includes a
diverse forest landscape that covers millions of acres and contains
several different forest ecosystems and thousands of plant and animal
species. It ranges from moist old-growth conifer forest in the western
portion, to a mix of conifers and hardwood trees in the Klamath region,
to dry, fire-prone forests in the eastern Cascades. Thousands of
species occur in these forest ecosystems, including other listed and
sensitive species with very specific biological needs. In areas where
prescribed management is needed to maintain ecosystem function, such
management is often expensive, logistically difficult, and contentious
(Thompson et al. 2009, p. 29). Many scientists believe a single-species
approach to forest management is limited and that land managers need to
focus on broader landscape goals that address ecosystem process and
future habitat conditions (see, e.g., Thomas et al. 2006, p. 286; Boyd
et al. 2008, p. 42; Hobbs et al. 2010, p. 487; Mori 2011, pp. 289-290).
The Revised Recovery Plan (USFWS 2011) encourages the application of
ecosystem management principles to ensure the long-term conservation of
the northern spotted owl and its habitat, as well as other species
dependent on these shared ecosystems.
We reference here the recommendations for habitat management as
made in the Revised Recovery Plan for the Northern Spotted Owl (USFWS
2011). This discussion is provided primarily for consideration by
Federal, State, local, and private land managers, as they make
decisions on the management of forest land under their jurisdictions
and through their normal processes. This critical habitat rule does not
take any action or adopt any policy, plan or program in relation to
active forest management.
Critical Habitat and the Northwest Forest Plan
It is important to understand the relationship between northern
spotted owl critical habitat and the Northwest Forest Plan (NWFP). In
brief, the designation of areas as critical habitat does not change
land use allocations or Standards and Guidelines for management under
the NWFP. Critical habitat for the northern spotted owl was first
designated in 1992 (January 15, 1992; 57 FR 1796). Since 1994, the NWFP
has also served as an important landscape-level plan that has
contributed to the conservation of the northern spotted owl and late-
successional forest habitat on Federal lands across the range of the
species (Thomas et al. 2006, pp. 278-284). The NWFP introduced a system
of reserves where conservation of late-successional forest, riparian
habitats, northern spotted owls, and other species dependent on older
forest would be the priority, and matrix areas where timber harvest
would be the goal. The Standards and Guidelines for the NWFP (USDA and
USDI 1994) prescribe an ecosystem-based approach to management for the
Federal action
[[Page 71881]]
agencies that manage these lands, and provide guidance for activities
conducted on different land use allocations. All Bureau of Land
Management and U.S. Forest Service lands identified as northern spotted
owl critical habitat in this rule fall under the NWFP, and should be
managed consistent with its standards. Here we briefly provide a
summary of how our designation of critical habitat has been informed by
and relates to forest management under the NWFP.
In developing this critical habitat designation, the Service
recognizes the importance of the NWFP as the overarching land
management strategy for conservation of the northern spotted owl and
other native species associated with old-growth and late-successional
forest. The system of reserves within the NWFP is essential for the
conservation and development of large areas of late-successional forest
across the landscape; however, because the NWFP was designed to benefit
multiple species not every acre of the late-successional reserves
(LSRs) provide high-quality habitat for northern spotted owls. In
addition, barred owls have become increasingly abundant in the Pacific
Northwest and likely have a large effect on the continued decline of
northern spotted owl populations. With barred owls now sharing the
range of the northern spotted owl, conservation of northern spotted
owls outside NWFP reserved areas is increasingly important for species
recovery.
In our designation of critical habitat on Federal lands, we
identified lands that contain the features essential to the
conservation of the species including lands both within NWFP reserves
and matrix that function as highly valuable northern spotted owl
habitat. As noted above, designation as critical habitat does not
change these land use allocations or Standards and Guidelines for
management under the NWFP, and we fully recognize the ecological
functions and land management goals of the different land use
allocations as outlined under the NWFP. While the NWFP has been
successful in conserving large blocks of late-successional forest
(Thomas et al. 2006, p. 283, Davis et al. 2011, p. 38), concerns have
been expressed that it provides less than the anticipated level of
commercial timber harvest on matrix lands, does not promote active
restoration in areas that may contain uncharacteristically high risk of
severe fire (Spies et al. 2006, pg. 359; Thomas et al. 2006, p. 277),
and does not promote development of complex early-seral forest in areas
where regeneration harvest has been conducted (Betts et al. 2010, p.
2117; Hagar 2007, p. 109; Swanson et al. 2011, p. 124) (``seral''
refers to developmental or successional stages of the forest community
that influences species composition, i.e., early, mid, late seral
stages).
Thomas et al. (2006, pp. 284-287) provided three recommendations to
improve the NWFP. These recommendations are highly relevant to northern
spotted owl critical habitat conservation and management:
1. Conserve old-growth trees and forests on Federal lands wherever
they are found (emphasis added), and undertake appropriate restoration
treatment in the threatened forest types.
2. Manage NWFP forests as dynamic ecosystems that conserve all
stages of forest development (e.g., encompassing the range of
conditions between early-seral and old-growth), and where tradeoffs
between short-term and long-term risks are better balanced.
3. Recognize the NWFP as an integrated conservation strategy that
contributes to all components of sustainability across Federal lands.
It is our hope that management of critical habitat for the northern
spotted owl will be compatible with these broader landscape management
goals articulated by Thomas et al. (2006, pp. 284-287). Furthermore,
the Standards and Guidelines for the NWFP encourage an ecosystem-based
approach to land management (e.g., USDA and USDI 1994, p. A-1,
Standards and Guidelines, pp. C-12, C-13). As discussed in the Revised
Recovery Plan, recovery of the northern spotted owl will likely require
that an ecosystem management approach that includes both passive and
active management, to meet a variety of conservation goals that support
long-term northern spotted owl conservation, be implemented. We fully
support the land use allocation goals and the Standards and Guidelines
for management under the NWFP (USDA and USDI 1994) as informed by the
recommendations of the Revised Recovery Plan. Some general
considerations for managing the threats to the essential physical or
biological features for the northern spotted owl are discussed in the
Special Management Considerations or Protections and Determinations of
Adverse Effects and Application of the ``Adverse Modification''
Standard sections of this document, below, as well as in the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011, pp. III-11 to
III-39).
Forest Management Activities in Northern Spotted Owl Critical Habitat
As stated above, many areas of critical habitat do not require
active management, and active forest management within such areas could
negatively impact northern spotted owls. We are not encouraging land
managers to consider active management in areas of high-quality owl
habitat or occupied owl sites; rather, we encourage management actions
that will maintain and restore ecological function where appropriate.
In some areas, forest stands are not on a trajectory to develop into
high-value habitat, ecological processes have been disrupted by human
actions, or projected climate change is expected to further disrupt or
degrade desired forest conditions. In these areas, land managers may
choose to implement active management, as recommended in the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011), to improve
ecological health and development of forest conditions more favorable
to northern spotted owls and other biodiversity. For example, LSRs are
to be managed to protect and enhance old-growth forest conditions
(defined in the Revised Recovery Plan as forests that have accumulated
specific characteristics related to tree size, canopy structure, snags,
and woody debris and plant associations). According to the NWFP
Standards and Guidelines (USDA and USDI 1994), no programmed timber
harvest is allowed inside the reserves. However, thinning or other
silvicultural treatments inside these reserves may occur in younger
stands if the treatments are beneficial to the creation and maintenance
of late-successional forest conditions. On the east of the Cascades and
in Oregon and California Klamath Provinces, additional management
activities may be considered both within and outside reserves to reduce
risks of large-scale disturbance (NWFP Standards and Guidelines, p. C-
12--C-13).
We also recognize that ecological restoration is not the management
goal on all NWFP land use allocations (e.g., matrix) within designated
critical habitat, and we provide a discussion of options land managers
could consider to tailor traditional forest management activities on
these lands to consistent with conservation of current and future
northern spotted owl habitat (see, e.g., Gustafsson et al. 2012,
entire; Franklin et al. 2007, entire; Kuuluvainen and Grenfell 2012,
entire; North and Keeton 2008; Long 2009, entire; Lindenmayer et al.
2012; entire). Our discussion of potential management considerations
[[Page 71882]]
for the northern spotted owl are intended to be fully compatible with
the objectives and Standards and Guidelines of the NWFP as informed by
the conservation guidelines presented in the 2011 Revised Recovery Plan
for the Northern Spotted Owl (USFWS 2011) to provide a means whereby
the ecosystems on which northern spotted owls depend will be conserved.
Mimicking natural disturbance regimes, such as fire, is an
important strategy in North American forest management (Seymour and
Hunter 1999, p. 56; Long 2009, p. 1868; Gustafsson et al. 2012, p. 635;
Kuuluvainen and Grenfell 2012, entire). This change is occurring in
response to: (1) The simplification of forests in terms of structure,
age-class diversity, and species composition as a result of management
for timber production, and (2) a recognition of fundamental changes in
ecosystem function and processes due to land management practices,
especially fire and successional patterns (Franklin et al. 2002, pp.
402-408; Hessburg et al. 2005, pp. 134-135; Drever et al. 2006, p.
2291). Although human disturbance is unlikely to precisely mimic
natural forest disturbance, it can be used to better maintain the
resilience of landscapes and wildlife populations to respond to natural
disturbance and climate change (Lindenmayer et al. 2008, p. 87). In
general, prescriptions (e.g., vegetation management, prescribed fire,
etc.) that apply ecological forestry principles to address the
restoration and conservation of broader ecological processes in areas
where this is needed, while minimizing impacts to structurally diverse
or mature and old forest that does not require such management can be
compatible with maintaining the critical habitat's essential features
in the long term at the landscape scale (USFWS 2011, p. III-14). The
Service has recently consulted on these types of management actions in
occupied northern spotted owl habitat on Bureau of Land Management
(BLM) and U.S. Forest Service (USFS) lands.
Specifically prescribing such management is beyond the scope or
purpose of this document, and should instead be developed by the
appropriate land management agency at the appropriate land management
scale (e.g., National Forest or Bureau of Land Management District)
(USDA 2010, entire; Fontaine and Kennedy 2012, p. 1559; Gustafsson et
al. 2012, pp. 639-641, Davis et al. 2012, entire) through the land
managing agencies' planning processes and with technical assistance
from the Service, as appropriate. Furthermore, we encourage an active
adaptive forest management approach, should agencies choose to
implement ecological forestry practices, as we continue to learn from
continuing research on these methods (see Research and Adaptive
Management, below).
Some general considerations for managing for the conservation of
essential physical or biological features within northern spotted owl
critical habitat are discussed in more detail in the Special Management
Considerations or Protections and Determinations of Adverse Effects and
Application of the ``Adverse Modification'' Standard sections of this
document, below. In sum, vegetation and fuels management in dry and
mixed-dry forests may be appropriate both within and outside designated
critical habitat where the goal of such treatment is to conserve
natural ecological processes or restore them (including fire) where
they have been modified or suppressed (Allen et al. 2002, pp. 1429-
1430; Spies et al. 2006, pp. 358-361; Fielder et al. 2007, entire;
Prather et al. 2008, entire; Lindenmayer et al. 2009, p. 274; Tidwell
2011, entire; Stephens et al. 2009, pp. 316-318; Stephens et al. 2012a,
p. 13; Stephens et al. 2012b, pp. 557-558; Franklin et al. 2008, p. 46;
Miller et al. 2009, pp. 28-30; Fule et al. 2012, pp. 75-76). These
types of management are encouraged in the NWFP (USDA and USDI 1994, p.
C-13). Likewise, in some moist and mixed forests, management of
northern spotted owl critical habitat should be compatible with broader
ecological goals, such as the retention of high-quality older forest,
the continued treatment of young or homogenous forest plantations to
enhance structural diversity, heterogeneity and late-successional
forest conditions, and the conservation or restoration of complex
early-seral forest habitat, where appropriate (Spies et al. 2007b, pp.
57-63; Betts et al. 2010, pp. 2117, 2126-2127; Swanson et al. 2011,
entire).
In general, actions that promote ecological restoration and those
that apply ecological forestry principles at appropriate scales as
described above and in the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, pp. III-11 to III-41) may be, in the right
circumstances, consistent with the conservation of the northern spotted
owl and the management of its critical habitat. However, we emphasize
that this rule does not take any action or adopt any policy, plan or
program in relation to active forest management. The discussion is
provided only for consideration by Federal, State, local and private
land managers, as well as the public, as they make decisions on the
management of forest land under their jurisdictions and through their
normal processes.
Research and Adaptive Management
The Service supports the goals of maintaining and restoring
ecological function and development of future northern spotted owl
habitat. We encourage land managers to consider a stronger focus on
ecological forestry in areas where commercial harvest and restoration
are planned. We recognize the need to balance both the conservation of
current owl sites and the development of future owl habitat. However, a
better understanding of how ecological forestry approaches affect owls
and their prey is needed. Studies have shown negative effects of
commercial thinning and other conventional forestry practices on both
northern spotted owls (Forsman et al. 1984, pp. 16-17; Meiman et al.
2003, p. 1261) and their prey (Waters et al. 1994, p. 1516; Luoma et
al. 2003, pp. 343-373; Wilson 2010, entire).This need was recognized in
Recovery Action 11 of the Revised Recovery Plan, which states ``When
vegetation management treatments are proposed to restore or enhance
habitat for northern spotted owls (e.g., thinnings, restoration
projects, prescribed fire, etc.), consider designing and conducting
experiments to better understand how these different actions influence
the development of northern spotted owl habitat, northern spotted owl
prey abundance and distribution, and northern spotted owl demographic
performance at local and regional scales.'' Furthermore, the recovery
strategy outlined in the Revised Recovery Plan (USFWS 2011) identifies
monitoring and research, as well as active adaptive forest management,
as important steps in achieving recovery goals.
Given these concerns, and recognizing that appropriate management
actions will vary depending upon site-specific conditions, we provide
the following suggestions regarding active forest management for
consideration by land managers within critical habitat as consistent
with the recommendations of the Revised Recovery Plan for the Northern
Spotted Owl:
1. Focus active management in younger forest, lower quality owl
habitat, or where ecological conditions are most departed from the
natural or desired range of variability.
2. In moist forests on Federal lands, follow NWFP guidelines as
informed by the Revised Recovery Plan and focus on areas outside of
LSRs (i.e., matrix). In dry forests, follow NWFP guidelines and focus
on lands in or outside of reserves
[[Page 71883]]
that are most ``at-risk'' of experiencing uncharacteristic disturbance
and where the landscape management goal is to restore more natural or
resilient forest ecosystems (see, e.g., Davis et al. 2012, entire;
Franklin et al. 2008, p. 46).
3. Avoid or minimize activities in active northern spotted owl
territories (or the high-quality habitat within these territories).
4. Ensure transparency of process so the public can see what is
being done, where it is done, what the goal of the action is, and how
well the action leads to the desired goal.
5. Practice active adaptive forest management by incorporating new
information and learning into future actions to make them more
effective, focusing on how these actions affect northern spotted owls
and their prey.
Towards this objective of learning critical new scientific insights
from research and adaptive management, we especially encourage research
and active adaptive forest management on the seven Forest Service
Experimental Forests (H.J. Andrews Experimental Forest, Pringle Falls
Experimental Forest, South Umpqua Experimental Forest, and Cascades
Head Experimental Forest in Oregon; Wind River Experimental Forest and
Entiat Experimental Forest in Washington; and Yurok Redwood
Experimental Forest in California) within designated northern spotted
owl critical habitat. We acknowledge the specific value and
contributions of research done within experimental forests in
furtherance of the research and active adaptive forest management
objectives in the Revised Recovery Plan. These Experimental Forests
have four principal scientific advantages that support the specific
kinds of research needed to better understand how management affects
and potentially enhances northern spotted owl habitat:
(1) These sites are intended for and enabled to conduct
manipulative research to test forest management strategies in a
rigorous scientific manner;
(2) They have long-term baseline datasets that enable detailed
climate/environmental change assessments;
(3) The sites represent a diversity of forest types within the
range of northern spotted owl; and
(4) Experimental forests have been the subject of intensive, long-
term study that can serve as a backdrop for new research.
Essential research and active adaptive forest management questions,
detailed in the Revised Recovery Plan, that could be conducted on
Experimental Forests include (but are not limited to):
(a) What vegetation management treatments best accelerate the
development of forest structure associated with northern spotted owl
habitat functions while maintaining or restoring natural disturbance
and provide greater ecosystem resiliency?
(b) What are the effects of wildland and prescribed fire on the
structural elements of northern spotted owl habitat?
(c) Can strategically-placed restoration treatments be used to
reduce the risk of northern spotted owl habitat being burned by high
severity fire within dry forest ecosystems?
(d) What are the effects of epidemic forest insect outbreaks on
northern spotted owl occupancy and habitat use immediately following
the event and at specified time periods after treatment?
Sound scientific information represents a vital component of our
path to recovery for the northern spotted owl (and almost all
threatened or endangered species). We believe it would be
counterproductive to inhibit or curtail research that is designed to
benefit the northern spotted owl and the ecosystem in which it is
found, and therefore support research activities within experimental
forests.
The Biology and Ecology of the Northern Spotted Owl
Physical Description and Taxonomy
The northern spotted owl is a medium-sized owl and the largest of
the three subspecies of northern spotted owls currently recognized by
the American Ornithologists' Union (Guti[eacute]rrez et al. 1995, p.
2). It is dark brown with a barred tail and white spots on the head and
breast, and has dark brown eyes that are surrounded by prominent facial
disks. The taxonomic separation of these three subspecies is supported
by numerous factors (reviewed in Courtney et al. 2004, pp. 3-3 to 3-
31), including genetic (Barrowclough and Guti[eacute]rrez 1990, p. 739;
Barrowclough et al. 1999, p. 922; Haig et al. 2004, p. 1353;
Barrowclough et al. 2005, p. 1113), morphological (Guti[eacute]rrez et
al. 1995, pp. 2 to 3), behavioral (Van Gelder 2003, p. 30), and
biogeographical characteristics (Barrowclough et al. 1999, p. 928).
Distribution and Habitat
The current range of the northern spotted owl extends from
southwest British Columbia through the Cascade Mountains, coastal
ranges, and intervening forested lands in Washington, Oregon, and
California, as far south as Marin County, California. The subspecies is
listed as a threatened species under the Act throughout its range (55
FR 26114; June 26, 1990). Within the United States, the northern
spotted owl ranges across 12 ecological regions, based on recognized
landscape subdivisions exhibiting different physical and environmental
features, often referred to as ``physiographic provinces'' (Franklin
and Dyrness 1988, pp. 5-26; Thomas et al. 1990, p. 61; USDA and USDI
1994, p. A-3). These include the Olympic Peninsula, Western Washington
Lowlands, Western Washington Cascades, Eastern Washington Cascades,
Oregon Coast Ranges, Western Oregon Cascades, Willamette Valley,
Eastern Oregon Cascades, Oregon Klamath, California Klamath, California
Coast Ranges, and California Cascades Provinces (based on USDA and USDI
1994, p. A-3). Very few northern spotted owls are found in British
Columbia, in the Western Washington Lowlands or Willamette Valley;
therefore, the subspecies is restricted primarily to 10 of the 12
provinces within its range.
For the purposes of developing this rule, and based on Appendix C
of the Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011,
pp. C-7 to C-13), we have divided the range of the northern spotted owl
into 11 different regions. We used these 11 regions in the habitat
modeling that informed this revised designation of critical habitat.
The regions used here are more ``owl specific'' than the physiographic
provinces used in the past. In addition to regional patterns of
climate, topography, and forest communities, which the physiographic
provinces also considered, the 11 regions are based on specific
patterns of northern spotted owl habitat relationships and prey base
relationships across the range of the species. The 11 regions include
the North Coast Olympics; West Cascades North; West Cascades Central;
West Cascades South; East Cascades North; East Cascades South; Oregon
Coast; Klamath West; Klamath East; Redwood Coast; and Inner California
Coast Ranges. We additionally grouped these 11 regions into 4 broad
ecological zones (West Cascades/Coast Ranges of Oregon and Washington;
East Cascades; Redwood; and Klamath and Northern California Interior
Coast Ranges). A map of the 11 regions used for the purposes of habitat
modeling, as well as the 4 ecological zones, is provided in Figure 1 of
this document. We used these 11 regions as the organizing units for our
designation of critical habitat, and the 4 ecological zones for the
identification of region-specific primary constituent
[[Page 71884]]
elements (PCEs) for the northern spotted owl.
Northern spotted owls generally rely on older forested habitats
because such forests contain the structures and characteristics
required for nesting, roosting, and foraging, and dispersal. Forest
characteristics associated with northern spotted owls usually develop
with increasing forest age, but their occurrence may vary by location,
past forest practices, and stand type, history, and condition. Although
northern spotted owl habitat is variable over its range, some general
attributes are common to the owl's life-history requirements throughout
its range. To support northern spotted owl reproduction, a home range
requires appropriate amounts of nesting, roosting, and foraging habitat
arrayed so that nesting pairs can survive, obtain resources, and breed
successfully. In northern parts of the range where nesting, roosting,
and foraging habitat have similar attributes, nesting is generally
associated with late-seral or old-growth forest in the core area
(Swindle et al. 1999, p. 1216). In some southern portions of the range,
northern spotted owl survival is positively associated with the area of
old forest habitat in the core, but reproductive output is positively
associated with amount of edge between older forest and other habitat
types in the home range (Franklin et al. 2000, pp. 573, 579). This
pattern suggests that where dusky-footed woodrats (Neotoma fuscipes)
are the primary prey species, core areas that have nesting habitat
stands interspersed with varied types of foraging habitat may be
optimal for northern spotted owl survival and reproduction. Both the
amount and spatial distribution of nesting, roosting, foraging, and
dispersal habitat influence reproductive success and long-term
population viability of northern spotted owls.
Population growth can occur only if there is adequate habitat in an
appropriate configuration to allow for the dispersal of owls across the
landscape. This includes support of dispersing juveniles, as well as
nonresident subadults and adults that have not yet recruited into the
breeding population. The survivorship of northern spotted owls is
likely greatest when dispersal habitat most closely resembles nesting,
roosting, and foraging habitat, but owls may use other types of habitat
for dispersal on a short-term basis. Dispersal habitat, at a minimum,
consists of stands with adequate tree size and canopy cover to provide
protection from avian predators and at least minimal foraging
opportunities (57 FR 1805, January 15, 1992). In this rule, we consider
canopy cover as a vertical measurement of the amount of canopy that
would cover the ground.
The three essential functions served by habitat within the home
range of a northern spotted owl are:
(1) Nesting. Nesting habitat is essential to provide structural
features for nesting, protection from adverse weather conditions, and
cover to reduce predation risks. Habitat requirements for nesting and
roosting are nearly identical. However, nesting habitat is specifically
associated with a high incidence of large trees with various
deformities (large cavities, broken tops, mistletoe (Arceuthobium spp.)
infections, and other evidence of decadence) or large snags suitable
for nest placement. Additional features that support nesting and
roosting typically include a moderate to high canopy cover; a
multilayered, multispecies canopy with large overstory trees; large
accumulations of fallen trees and other woody debris on the ground; and
sufficient open space below the canopy for northern spotted owls to fly
(Thomas et al. 1990, p. 164). Forested stands with high canopy cover
also provide thermal cover (Weathers et al. 2001, p. 686) and
protection from predators. Patches of nesting habitat, in combination
with roosting habitat, must be sufficiently large and contiguous to
maintain northern spotted owl core areas and home ranges, and must be
proximate to foraging habitat. Ideally, nesting habitat also functions
as roosting, foraging, and dispersal habitat.
(2) Roosting. Roosting habitat is essential to provide for
thermoregulation, shelter, and cover to reduce predation risk while
resting or foraging. As noted above, the same habitat generally serves
for both nesting and roosting functions; technically ``roosting
habitat'' differs from nesting habitat only in that it need not contain
those specific structural features used for nesting (cavities, broken
tops, and mistletoe platforms), but does contain moderate to high
canopy cover; a multilayered, multispecies canopy; large accumulations
of fallen trees and other woody debris on the ground; and open space
below the canopy for northern spotted owls to fly. In practice,
however, roosting habitat is not segregated from nesting habitat.
Nesting and roosting habitat will also function as foraging and
dispersal habitat.
(3) Foraging. Foraging habitat is essential to provide a food
supply for survival and reproduction. Foraging habitat is the most
variable of all habitats used by territorial northern spotted owls, and
is closely tied to the prey base, as described below. Nesting and
roosting habitat always provides for foraging, but in some cases owls
also use more open and fragmented forests, especially in the southern
portion of the range where some younger stands may have high prey
abundance and structural attributes similar to those of older forests,
such as moderate tree density, subcanopy perches at multiple levels,
multilayered vegetation, or residual older trees. Foraging habitat
generally has attributes similar to those of nesting and roosting
habitat, but foraging habitat may not always support successfully
nesting pairs (USDI 1992, pp. 22-25). Foraging habitat can also
function as dispersal habitat. The primary function of foraging habitat
is to provide a food supply for survival and reproduction.
Because northern spotted owls show a clear geographical pattern in
diet, and different prey species prefer different habitat types, prey
distribution contributes to differences in northern spotted owl
foraging habitat selection across the range. In the northern portion of
their range, northern spotted owls forage heavily in older forests or
forests with similar complex structure that support northern flying
squirrels (Glaucomys sabrinus) (Carey et al. 1992, p. 233; Rosenberg
and Anthony 1992, p. 165). In the southern portion of their range,
where woodrats are a major component of their diet, northern spotted
owls are more likely to use a variety of stands, including younger
stands, brushy openings in older stands, and edges between forest types
in response to higher prey density in some of these areas (Solis 1983,
pp. 89-90; Sakai and Noon 1993, pp. 376-378; Sakai and Noon 1997, p.
347; Carey et al. 1999, p. 73; Franklin et al. 2000, p. 579). Both the
amount and distribution of foraging habitat within the home range
influence the survival and reproduction of northern spotted owls.
Dispersal Habitat and Habitat for Nonresident Owls
Successful dispersal of northern spotted owls is essential to
maintaining genetic and demographic connections among populations
across the range of the species. Habitats that support movements
between larger habitat patches that provide nesting, roosting, and
foraging habitats for northern spotted owls act to limit the adverse
genetic effects of inbreeding and genetic drift and provide demographic
support to declining populations (Thomas et al. 1990, pp. 271-272).
Dispersing juvenile northern spotted owls experience high mortality
rates (more than 70 percent in some studies (Miller 1989, pp. 32-41;
[[Page 71885]]
Franklin et al. 1999, pp. 25, 28; 55 FR 26115; June 26, 1990)) from
starvation, predation, and accidents (Miller 1989, pp. 41-44; Forsman
et al. 2002, pp. 18-19). Juvenile dispersal is thus a highly vulnerable
life stage for northern spotted owls, and enhancing the survivorship of
juveniles during this period could play an important role in
maintaining stable populations of northern spotted owls.
Successful juvenile dispersal may depend on locating unoccupied
suitable habitat in close proximity to other occupied sites (LaHaye et
al. 2001, pp. 697-698). Dispersing juveniles are likely attracted to
conspecific calls, and may look for suitable sites preferentially in
the vicinity of occupied territories. When all suitable territories are
occupied, dispersers may temporarily pursue a nonresident (nonbreeding)
strategy; such individuals are sometimes referred to as ``floaters''
(Forsman et al. 2002, pp. 15, 26). Floaters prospect for territorial
vacancies created when residents die or leave their territories.
Floaters contribute to stable or increasing populations of northern
spotted owls by quickly filling territorial vacancies. Where large
blocks of habitat with multiple breeding pairs occur, the opportunities
for successful recruitment of dispersers and floaters are enhanced due
to the within-block production of potential replacement birds (Thomas
et al. 1990, pp. 295, 307).
Juvenile dispersal occurs in steps (Forsman et al. 2002, pp. 13-
14), between which dispersing juveniles settle into temporary home
ranges for up to several months (Forsman et al. 2002, p. 13). Natal
dispersal distances, measured from natal areas to eventual home range,
tend to be larger for females (about 15 mi (24 km)) than males (about
8.5 mi (13.7 km)) (Courtney et al. 2004, p. 8-5). Forsman et al. (2002,
pp. 15-16) reported dispersal distances of 1,475 northern spotted owls
in Oregon and Washington for the period from 1985 to 1996. Median
maximum dispersal distance (the straight-line distance between the
natal site and the farthest location) for radio-marked juvenile male
northern spotted owls was 12.7 mi (20.3 km), and that of female
northern spotted owls was 17.2 mi (27.5 km) (Forsman et al. 2002, Table
2).
Northern spotted owls can utilize forests with the characteristics
needed for nesting, roosting, foraging, and dispersal, and likely
experience greater survivorship under such conditions. However,
dispersing or nonresident individuals may also make use of other
forested areas that do not meet the requirements of nesting or roosting
habitat on a short-term basis. Such short-term dispersal habitats must,
at minimum, consist of stands with adequate tree size and canopy cover
to provide protection from avian predators and at least minimal
foraging opportunities.
Population Status and Trends
Demographic data from studies initiated as early as 1985 have been
analyzed every 5 years to estimate northern spotted owl demographic
rates and population trends (Anderson and Burnham 1992, entire; Burnham
et al. 1994, entire; Franklin et al. 1999, entire; Anthony et al. 2006,
entire; Forsman et al. 2011, entire). The most current evaluation of
population status and trends is based on data through 2008 (Forsman et
al. 2011, p. 1). Based on this analysis, populations on 7 of 11 study
areas (Cle Elum, Rainier, Olympic Peninsula, Oregon Coast Ranges, H.J.
Andrews, Northwest California, and Green Diamond) were declining
(Forsman et al. 2011, p. 64, Table 22).
Estimates of realized population change (cumulative population
change across all study years) indicated that, in the more rapidly
declining populations (Cle Elum, Rainier, and Olympic Peninsula), the
2006 populations were 40 to 60 percent of the population sizes observed
in 1994 or 1995 (Forsman et al. 2011, pp. 47-49). Populations at the
remaining areas (Tyee, Klamath, Southern Oregon Cascades, and Hoopa)
showed declining population growth rates as well, although the
estimated rates were not significantly different from stable
populations (Forsman et al. 2011, p 64). A meta-analysis combining data
from all 11 study areas indicates that rangewide the population
declined at a rate of about 2.9 percent per year for the period from
1985 to 2006. Northern spotted owl populations on Federal lands had
better demographic rates than elsewhere, but still declined at a mean
annual rate of about 2.8 percent per year for 1985-2006 (Forsman et al.
2011, p. 67).
In addition to declines in population growth rates, declines in
annual survival were reported for 10 of the 11 study areas (Forsman et
al. 2011, p. 64, Table 22). Number of young produced each year showed
declines at 5 areas (Cle Elum, Klamath, Southern Oregon Cascades,
Northwest California, and Green Diamond), was relatively stable at 3
areas (Olympic Peninsula, Tyee, Hoopa), and was increasing at 2 areas
(Oregon Coast Ranges, H. J. Andrews) (Forsman et al. 2011, p. 64 Table
22).
As noted above, the barred owl has emerged as a greater threat to
the northern spotted owl than was previously recognized. The range of
the barred owl has expanded in recent years and now completely overlaps
that of the northern spotted owl (Crozier et al. 2006, p. 761). The
presence of barred owls has significant negative effects on northern
spotted owl reproduction (Olson et al. 2004, p. 1048), survival
(Anthony et al. 2006, p. 32), and number of territories occupied (Kelly
et al. 2003, p. 51; Olson et al. 2005, p. 928). The determination of
population trends for the northern spotted owl has become complicated
by the finding that northern spotted owls are less likely to call when
barred owls are also present; therefore, they are more likely to be
undetected by standard survey methods (Olson et al. 2005, pp. 919-929;
Crozier et al. 2006, pp. 766-767). As a result, it is difficult to
determine whether northern spotted owls no longer occupy a site, or
whether they may still be present but are not detected. The 2011
Revised Recovery Plan for the Northern Spotted Owl concludes that
``barred owls are contributing to the population decline of northern
spotted owls, especially in Washington, portions of Oregon, and the
northern coast of California.'' (USFWS 2011, p. B-12).
British Columbia has a small population of northern spotted owls.
This population has declined at least 49 percent since 1992 (Courtney
et al. 2004, p. 8-14), and by as much as 90 percent since European
settlement (Chutter et al. 2004, p. 6) to a 2004 breeding population
estimated at about 23 birds (Sierra Legal Defence [sic] Fund and
Western Canada Wilderness Committee 2005, p. 16) on 15 sites (Chutter
et al. 2004, p. 26). Chutter et al. (2004, p. 30) suggested immediate
action was required to improve the likelihood of recovering the
northern spotted owl population in British Columbia. In 2007, the
Northern Spotted Owl Population Enhancement Team recommended to remove
northern spotted owls from the wild in British Columbia. Personnel in
British Columbia captured and brought into captivity the remaining 16
known wild northern spotted owls. Prior to initiating the captive-
breeding program, the population of northern spotted owls in Canada was
declining by as much as 35 percent per year (Chutter et al. 2004, p.
6). The amount of previous interaction between northern spotted owls in
Canada and the United States is unknown (Chutter et al. 2004, p. 24).
Although the status of the northern spotted owl in Canada is
informative in terms of the overall declining trend of the northern
spotted owl throughout its range, and consequently the increased need
for conservation in those areas
[[Page 71886]]
where it persists, the Service does not designate critical habitat in
foreign countries (50 CFR 424.12(h)).
Life History
Northern spotted owls are a long-lived species with relatively
stable and high rates of adult survival, lower rates of juvenile
survival, and highly variable reproduction. Franklin et al. (2000, p.
576) suggested that northern spotted owls follow a ``bet-hedging''
life-history strategy, where natural selection favors individuals that
reproduce only during favorable conditions. For such species,
population growth rate is more susceptible to changes in adult survival
than to recruitment of new individuals into the population. For
northern spotted owls, recent demographic analyses have indicated
declining trends in both adult survival and recruitment across much of
the species range (Forsman et al. 2011, p. 64, Table 22).
Northern spotted owls are highly territorial (Courtney et al. 2004,
p. 2-7). They maintain large home ranges; however, they actively defend
a smaller area, and overlap between the outer portions of the home
ranges of adjacent pairs is common (Forsman et al. 1984, pp. 5, 17, 22-
24; Solis and Guti[eacute]rrez 1990, p. 742; Forsman et al. 2005, p.
374). Pairs are nonmigratory and remain on their home range throughout
the year, although they often increase the area used for foraging
during fall and winter (Forsman et al. 1984, p. 21; Sisco 1990, p. 9),
likely in response to potential depletion of prey in the core of their
home range (Carey et al. 1992, p. 245; Carey 1995, p. 649; but see
Rosenberg et al. 1994, entire). The northern spotted owl shows strong
year-round fidelity to its territory, even when not nesting (Solis
1983, pp. 23-28; Forsman et al. 1984, pp. 52-53) or after natural
disturbance alters habitat characteristics within the home range (Bond
et al. 2002, pp. 1024-1026). A discussion of northern spotted owl home
range size and use is included in the Primary Constituent Elements
section of this rule.
Prey
Northern spotted owl diets vary across owl territories, years,
seasons, and geographical regions (Forsman et al. 2001, pp. 146-148;
2004, pp. 217-220). However, four to six species of nocturnal mammals
typically dominate their diets (Forsman et al. 2004, p. 218), with
northern flying squirrels being a primary prey species in all areas. In
Washington, diets are dominated by northern flying squirrels, snowshoe
hare (Lepus americanus), bushy-tailed woodrats (Neotoma cinerea), and
boreal red-backed voles (Clethrionomys gapperi) (Forsman et al. 2001,
p. 144). In Oregon and northern California, northern flying squirrels
in combination with dusky-footed woodrats, bushy-tailed woodrats, red
tree voles (Arborimus longicaudus), and deer mice (Peromyscus
maniculatus) comprise the majority of diets (Courtney et al. 2004, pp.
41-31 to 4-32; Forsman et al. 2004, p. 221). Northern spotted owls are
also known to prey on insects, other terrestrial mammals, birds, and
juveniles of larger mammals (e.g., mountain beaver (Aplodontia rufa)
(Forsman et al. 2001, p. 146; 2004, p. 223).
Northern flying squirrels are positively associated with late-
successional forests with high densities of large trees and snags
(Holloway and Smith 2011, p. 671). Northern flying squirrels typically
use cavities in large snags as den and natal sites, but may also use
cavities in live trees, hollow branches of fallen trees, crevices in
large stumps, stick nests of other species, and lichen and twig nests
they construct (Carey 1995, p. 658), as well as mistletoe brooms when
snags are not abundant (Lehmkuhl et al. 2006, p. 593). Fungi
(mychorrhizal and epigeous types) are prominent in their diet; however,
seeds, fruits, nuts, vegetation matter, insects, and lichens may also
represent a significant proportion of their diet (summarized in
Courtney et al. 2004, App. 4 p. 3-12). Northern flying squirrel
densities tend to be higher in older forest stands with ericaceous
shrubs (e.g., Pacific rhododendron (Rhododendron macrophyllum)) and an
abundance of large snags (Carey 1995, p. 654), and higher tree canopy
cover (Lehmkuhl et al. 2006, p. 591) likely because these forests
produce a higher forage biomass. Wilson (2012, pp. i-ii) reported that
dense mid-story canopy conditions can also be a limiting factor for
flying squirrel abundance. Flying squirrel density tends to increase
with stand age (Carey 1995, pp. 653-654; Carey 2000, p. 252), although
managed and second-growth stands sometimes also show high densities of
squirrels, especially when canopy cover is high (e.g., Rosenberg and
Anthony 1992, p. 163; Lehmkuhl et al. 2006, pp. 589-591). The main
factors that may limit northern flying squirrel densities are the
availability of den structures and food, especially hypogeous (below
ground) fungi or truffles (Gomez et al. 2005, pp. 1677-1678), as well
as protective cover from predators (Wilson 2010, p. 115).
For northern spotted owls in Oregon, both dusky-footed and bushy-
tailed woodrats are important prey items (Forsman et al. 2004, pp. 226-
227), whereas in Washington owls rely primarily on the bushy-tailed
woodrat (Forsman et al. 2001, p. 144). Habitats that support bushy-
tailed woodrats usually include early-seral mixed-conifer/mixed-
evergreen forests close to water (Carey et al. 1999, p. 77). Bushy-
tailed woodrats reach high densities in both old forests with openings
and closed-canopy young forests (Sakai and Noon 1993, pp. 376-378;
Carey et al. 1999, p. 73), and use hardwood stands in mixed-evergreen
forests (Carey et al. 1999, p. 73). Bushy-tailed woodrats are important
prey species south of the Columbia River and may be more limited by
abiotic features, such as the availability of suitable rocky areas for
den sites (Smith 1997, p. 4) or the presence of streams (Carey et al.
1992, p. 234; 1999, p. 72). Dense woodrat populations in shrubby areas
are likely a source of colonists to surrounding forested areas (Sakai
and Noon 1997, p. 347); therefore, forested areas with nearby open,
shrubby vegetation generally support high numbers of woodrats. The main
factors that may limit woodrats are access to stable, brushy
environments that provide food, cover from predation, materials for
nest construction, dispersal ability, and appropriate climatic
conditions (Carey et al. 1999, p. 78), and arboreal and terrestrial
cover in the form of large snags, mistletoe, and soft logs (Lehmkuhl et
al. 2006, p. 376).
Home Range and Habitat Use
Territorial northern spotted owls remain resident on their home
range throughout the year; therefore, these homes ranges must provide
all the habitat components needed for the survival and successful
reproduction of a pair of owls. Northern spotted owls exhibit central-
place foraging behavior (Rosenberg and McKelvey 1999, p. 1036), with
much activity centered within a core area surrounding the nest tree
during the breeding season. During fall and winter as well as in
nonbreeding years, owls often roost and forage in areas of their home
range more distant from the core. In nearly all studies of northern
spotted owl habitat use, the amount of mature and old-growth forest was
greater in core areas and home ranges than at random sites on the
landscape (Courtney et al. 2004, pp. 5-6, 5-13; also see USFWS 2011,
Appendix G for definitions of mature and old-growth forest), and
forests were less fragmented within northern spotted owl home ranges
(Hunter et al. 1995, p. 688). The amount of habitat at the core area
scale shows the strongest relationships with home range
[[Page 71887]]
occupancy (Meyer et al. 1998, p. 34; Zabel et al. 2003, p. 1036),
survival (Franklin et al. 2000, p. 567; Dugger et al. 2005, p. 873),
and reproductive success (Ripple et al. 1997, pp. 155-156; Dugger et
al. 2005, p. 871). A more complete description of the home range is
presented in Population Spatial Requirements, below.
The size, configuration, and characteristics of vegetation patches
within home ranges affect northern spotted owl survival and
reproduction, a concept referred to as habitat fitness potential
(Franklin et al. 2000, p. 542). Among studies that have estimated
habitat fitness potential, the effects of forest fragmentation and
heterogeneity vary geographically. In the California Klamath Province,
locations for nesting and roosting tend to be centered in larger
patches of old forest, but edges between forest types may provide
increased prey abundance and availability (Franklin et al. 2000, p.
579). In the central Oregon Coast Range, northern spotted owls appear
to benefit from a mixture of older forests with younger forest and
nonforested areas in their home range (Olson et al. 2004, pp. 1049-
1050), a pattern similar to that found in the California Klamath
Province. Courtney et al. (2004, p. 5-23) suggest that although in
general large patches of older forest appear to be necessary to
maintain stable populations of northern spotted owls, home ranges
composed predominantly of old forest may not be optimal for northern
spotted owls in the California Klamath Province and Oregon Coast Ranges
Province.
The northern spotted owl inhabits most of the major types of
coniferous forests across its geographical range, including Sitka
spruce (Picea sitchensis), western hemlock (Tsuga heterophylla), mixed
conifer and mixed evergreen, grand fir (Abies grandis), Pacific silver
fir (A. amabilis), Douglas-fir (Pseudotsuga menziesii), redwood
(Sequoia sempervirens)/Douglas-fir (in coastal California and
southwestern Oregon), white fir (A. concolor), Shasta red fir (A.
magnifica var. shastensis), and the moist end of the ponderosa pine
(Pinus ponderosa) zone (Forsman et al. 1984, pp. 15-16; Thomas et al.
1990, p. 145). Habitat for northern spotted owls has traditionally been
described as consisting of four functional types: Nesting, roosting,
foraging, and dispersal habitats. Recent studies continue to support
the practical value of discussing northern spotted owl habitat usage by
classifying it into these functional habitat types (Irwin et al. 2000,
p. 183; Zabel et al. 2003, p. 1028; Buchanan 2004, p. 1334; Davis and
Lint 2005, p. 21; Forsman et al. 2005, p. 372), and data from studies
are available to describe areas used for these types of activities, so
we retain it here to structure our discussion of the physical or
biological features of habitat essential to the conservation of the
northern spotted owl.
Recent habitat modeling efforts have also accounted for differences
in habitat associations across regions, which have often been
attributed to regional differences in forest environments and factors
including available prey species (USFWS 2011, p. C-7). These recent
advances allowed for modeling of northern spotted owl habitat by
regions to account for: (1) The degree of similarity between nesting/
roosting and foraging habitats based on prey availability; (2)
latitudinal patterns of topology and climate; (3) regional patterns of
topography, climate, and forest communities; and (4) geographical
distribution of habitat elements that influence the range of conditions
occupied by northern spotted owls (USFWS 2011, p. C-8). Detailed
characterizations of each of these functional habitat types and their
relative distribution are described in Physical or Biological Features,
below.
Climate Change
There is growing evidence that recent climate change has impacted a
wide range of ecological systems (Stenseth et al. 2002, entire; Walther
et al. 2002, entire; Adahl et al. 2006, entire; Karl et al. 2009,
entire; Moritz et al. 2012, entire; Westerling et al. 2011, p. S459;
Marlon et al. 2012, p. E541). Climate change, combined with effects
from past management practices, is exacerbating changes in forest
ecosystem processes and dynamics to a greater degree than originally
anticipated under the NWFP. Environmental variation affects all
wildlife populations; however, climate change presents new challenges
as systems may change beyond historical ranges of variability. In some
areas, changes in weather and climate may result in major shifts in
vegetation communities that can persist in particular regions.
Climate change will present unique challenges to the future of
northern spotted owl populations and their habitats. Northern spotted
owl distributions (Carroll 2010, entire) and population dynamics
(Franklin et al. 2000, entire; Glenn et al. 2010, entire; et al. 2011a,
entire; Glenn et al. 2011b, entire) may be directly influenced by
changes in temperature and precipitation. In addition, changes in
forest composition and structure as well as prey species distributions
and abundance resulting from climate change may impact availability of
habitat across the historical range of the subspecies. The Revised
Recovery Plan for the Northern Spotted Owl provides a detailed
discussion of the possible environmental impacts to the habitat of the
northern spotted owl from the projected effects of climate change
(USFWS 2011, pp. III-5 to III-11).
Because both northern spotted owl population dynamics and forest
conditions are likely to be influenced by large-scale changes in
climate in the future, we have attempted to account for these
influences in our designation of critical habitat by recognizing that
forest composition may change beyond the range of historical variation,
and that climate changes may have unpredictable consequences for both
Pacific Northwest forests and northern spotted owls. This critical
habitat designation recognizes that forest management practices that
promote ecosystem health under changing climate conditions will be
important for northern spotted owl conservation.
III. Previous Federal Actions
The northern spotted owl was listed as a threatened species on June
26, 1990 (55 FR 26114); a description of the relevant previous Federal
actions up to the time of listing can be found in that final rule. On
January 15, 1992, we published a final rule designating 6,887,000 ac
(2,787,000 ha) of Federal lands in Washington, Oregon, and California
as critical habitat for the northern spotted owl (57 FR 1796). On
January 13, 2003, we entered into a settlement agreement with the
American Forest Resources Council, Western Council of Industrial
Workers, Swanson Group Inc., and Rough & Ready Lumber Company, to
conduct a 5-year status review of the northern spotted owl and consider
potential revisions to its critical habitat (Western Council of
Industrial Workers (WCIW) v. Secretary of the Interior, Civ. No. 02-
6100-AA (D. Or). On April 21, 2003, we published a notice initiating
the 5-year review of the northern spotted owl (68 FR 19569), and
published a second information request for the 5-year review on July
25, 2003 (68 FR 44093). We completed the 5-year review on November 15,
2004, concluding that the northern spotted owl should remain listed as
a threatened species under the Act (USFWS 2004, entire). On November
24, 2010, we published in the Federal Register a notice initiating a
new 5-year review for the northern spotted owl (75 FR 71726); the
information solicitation period for this review was reopened from April
20, 2011, through May 20, 2011 (76 FR
[[Page 71888]]
22139), and the completed review was signed on September 29, 2011,
concluding that the northern spotted owl was appropriately listed as a
threatened species.
In compliance with the settlement agreement in the WCIW case, as
amended, we published a proposed revised critical habitat rule in the
Federal Register on June 12, 2007 (72 FR 32450). On May 21, 2008, we
published a notice announcing the availability of a Recovery Plan for
the Northern Spotted Owl (73 FR 29471; May 21, 2008). We also announced
the availability of a draft economic analysis on the proposed critical
habitat designation and the reopening of the public comment period on
the proposed revised critical habitat designation. The 2008 recovery
plan formed the basis for the current designation of northern spotted
owl critical habitat. We published a final rule revising the critical
habitat designation in the Federal Register on August 13, 2008 (73 FR
47325).
Both the 2008 critical habitat designation and the 2008 recovery
plan were challenged in court in Carpenters' Industrial Council v.
Salazar, Case No. 1:08-cv-01409-EGS (D.DC). In addition, on December
15, 2008, the Inspector General of the Department of the Interior
issued a report entitled ``Investigative Report of The Endangered
Species Act and the Conflict between Science and Policy,'' which
concluded that the integrity of the agency decision-making process for
the northern spotted owl recovery plan was potentially jeopardized by
improper political influence. As a result, the Federal Government filed
a motion in the lawsuit for remand of the 2008 recovery plan and the
critical habitat designation which was based on it. On September 1,
2010, the Court issued an opinion remanding the 2008 recovery plan to
us for issuance of a revised plan within 9 months.
On September 15, 2010, we published a Federal Register notice (75
FR 56131) announcing the availability of the Draft Revised Recovery
Plan for the Northern Spotted Owl, and opened a 60-day comment period
through November 15, 2010. On November 12, 2010, we announced by way of
press release an extension of the comment period until December 15,
2010. On November 30, 2010, we announced in the Federal Register the
reopening of the public comment period until December 15, 2010 (75 FR
74073). At that time we also announced the availability of a synopsis
of the population response modeling results for public review and
comment. The supporting information regarding the modeling process was
posted on our Web site (https://www.fws.gov/oregonfwo/). Of the
approximately 11,700 comments received on the Draft Revised Recovery
Plan, many requested the opportunity to review and comment on more
detailed information on the habitat modeling process in Appendix C. On
April 22, 2011, we reopened the comment period on Appendix C of the
Draft Revised Recovery Plan (76 FR 22720); this comment period closed
on May 23, 2011. On May 6, 2011, the Court granted our request for an
extension of the due date for issuance of the final revised recovery
plan until July 1, 2011. We published the notice of availability of the
final Revised Recovery Plan for the Northern Spotted Owl in the Federal
Register on July 1, 2011 (76 FR 38575).
On October 12, 2010, the Court remanded the 2008 critical habitat
designation, which had been based on the 2008 Recovery Plan for the
Northern Spotted Owl, and adopted the Service's proposed schedule to
issue a new proposed revised critical habitat rule for public comment
by November 15, 2011, and a final rule by November 15, 2012. The Court
subsequently extended the date for delivery of the proposed rule to the
Federal Register to February 28, 2012. A proposed revision to the
designated critical habitat for the northern spotted owl was signed on
February 28, 2012 and published in the Federal Register on March 8,
2012 (77 FR 14062), with a 3-month public comment period. On May 8,
2012, we announced an extension of the comment period through July 6,
2012 (77 FR 27010). A June 1, 2012 Federal Register notice announced
the availability of the associated draft economic analysis and draft
environmental assessment (conducted under NEPA), and invited the public
to comment on these documents through July 6, 2012 (77 FR 32483). We
held seven public information meetings and one public hearing. Two
public information meetings were held each night in Redding,
California, on June 4, 2012; in Tacoma, Washington, on June 12, 2012;
and in Roseburg, Oregon, on June 27, 2012. One public information
meeting was held in Portland, Oregon on June 20, 2012 and the public
hearing was held in Portland, Oregon, on June 20, 2012. On July 20,
2012, the Service sent letters to all potentially affected Counties and
State fish and wildlife agencies in Washington, Oregon and California
advising them of the additional opportunity to comment until August 20,
2012, to ensure that they were able to thoroughly review and comment on
the proposed rule as provided by Section 4(b)(5)(A)(ii) of the Act. In
order to allow sufficient time for interagency review, the Court
extended the time for delivery of the final rule to the Federal
Register to November 21, 2012.
IV. Changes From the Proposed Rule
In preparing this final revised critical habitat designation for
the northern spotted owl, we reviewed and considered comments from the
public, peer reviewers, and other interested parties on the proposed
revised designation of critical habitat published on March 8, 2012 (77
FR 14062). We also reviewed and considered comments on the draft
environmental assessment and draft economic analysis. As a result of
these comments and a reevaluation of the revised proposed critical
habitat boundaries, we have made changes in this final designation, as
follows:
(1) We responded to peer-review, public, stakeholder, and internal
comments on a wide variety of topics to clarify and strengthen the
supporting rationale of this final designation, clarify our meanings
and descriptions, and to refine specific aspects of the rule to include
emerging research or provide additional explanation. Included in these
types of changes from the proposed to final rule are the following:
Clarifications to the language to specify that northern
spotted owl occupancy data are not needed or appropriate for an
analysis of the effects of an action on northern spotted owl critical
habitat.
Clarifications to the language to more clearly describe
the potential management of hazard trees in critical habitat along
roadways.
In the Special Management Considerations section, we
reference Recovery Action 10 from the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011), which focuses on retaining existing
northern spotted owls on the landscape. We have edited those references
to clarify that management of critical habitat and the section 7
evaluation under the Act that management should focus on the habitat's
ability to support nesting northern spotted owls instead of focusing on
individual northern spotted owls.
To determine how to conduct those evaluations under
section 7 of the Act, the proposed revised critical habitat recommended
assessing the impacts of a timber management project in the context of
500 ac (200 ha) around where the impacts would occur. After numerous
discussions with section 7 practitioners in different parts of the
[[Page 71889]]
range of the species, we are recommending that the effects
determination for a section 7 consultation be conducted at a scale
consistent with ``the localized biology of the life-history needs of
the northern spotted owl (such as the stand scale, a 500-acre (200-ha)
circle, or other appropriate, localized scale).'' Please see detailed
discussion of the distinction between effects determination and the
adverse modification standard in the section Determinations of Adverse
Effects and Application of the ``Adverse Modification'' Standard.
We have clarified that our discussion of ecological
forestry and active management is intended for land managers to
consider when developing management plans or planning projects, as in
many areas this approach may be consistent with critical habitat for
the northern spotted owl, but that such management is not mandated by
the Service and is not required as the result of this rulemaking. We
have also clarified this issue in the final rule language by stating
that we have made the 16 U.S.C. 1532(5)(A)(i) determination that
essential biological and physical features in occupied areas may
require special management considerations or protection, but that the
rule does not require land managers to implement, or preclude land
managers from implementing, such measures.
We have provided land managers with a discussion of
relevant emerging science and greater detail regarding the appropriate
application of active management and ecological forestry to benefit
forest ecosystem restoration, as recommended in the Revised Recovery
Plan for the Northern Spotted Owl. In addition, we received extensive
comments regarding the appropriateness of developing diverse early-
seral forest at the expense of older forest stands. We have clarified
language regarding development of diverse, early-seral forest to
indicate that: (1) We do not recommend these actions in older forest
stands or areas that currently function as owl habitat; and (2) this
type of management is most appropriate where more traditional forestry
methods have typically been conducted on matrix lands. As stated in
both the proposed rule and in this final rule, our first recommendation
for northern spotted owl critical habitat is the conservation of old
growth trees and forests on Federal lands wherever they are found, and
to undertake appropriate restoration treatment in the threatened forest
types.
We have clarified the relationship between this revised
designation of critical habitat for the northern spotted owl and the
Northwest Forest Plan. Numerous commenters were concerned that this
critical habitat would undermine the Standards and Guidelines of the
Northwest Forest Plan, or enable timber harvest activities in Late-
Successional Reserves that would not otherwise be permissible. We have
added language to the preamble to clarify that the revised designation
of critical habitat does not supersede the Standards and Guidelines of
the Northwest Forest Plan. Our discussion of potential active
management within critical habitat is intended to encourage land
managers to consider the range of management flexibility already
contained in the Northwest Forest Plan.
(2) In the proposed rule we requested specific information
regarding the amount and distribution of northern spotted owl habitat
that should be included in the designation. We refined the designation
based on input from peer-review, public comment, and comments from
Federal land management agencies, combined with further evaluation of
modeled population response to the potential revisions of the critical
habitat network, and including the following.
(A) Formal comments from the Forest Service requested that we
consider large numbers of specific areas to be removed from, or
added to, critical habitat, submitted to us in the form of GIS data.
This proposal would have greatly reduced matrix lands in moist
forest areas (Western Cascades, Oregon Coast Range, and North Coast
Olympics) and eliminated Adaptive Management Areas and Experimental
Forests from critical habitat. In addition, BLM requested removal of
approximately 300,000 acres of selected BLM lands in western Oregon.
We evaluated a new map of relative habitat suitability (Composite 8,
as described in our Modeling Supplement, Dunk et al. 2012b) that
incorporated all of these requested changes. Population modeling
results for Composite 8 indicated that many of the lands proposed
for removal were essential to conservation of the northern spotted
owl because the rangewide population declined by 39 percent and
population risk increased by 44 percent. To bring the spotted owl
population results back up to levels comparable to proposed critical
habitat, the final critical habitat designation includes areas
recommended by those agencies for elimination (and that had been
removed in our test of Composite 8) because we determined they are
essential to the conservation of the species. To increase efficiency
and ensure that the designation included only occupied habitat
containing the features essential to conservation or habitat that is
otherwise essential to the species' conservation, we further refined
the boundaries of some subunits by moving the boundaries to include
more high-value habitat while simultaneously and less lower-value
habitat in the network. To the greatest degree possible, wherever
possible we removed matrix lands and incorporated habitat in LSRs in
this process.
(B) In response to peer review comments about connectivity and
population issues we identified specific areas providing high-
suitability habitat that were required to better achieve population
objectives in specific lower-performing modeling regions. The
additional areas consisted solely of Federal lands, primarily USFS
LSR lands, that were essential to provide connectivity between
populations in the Oregon Coast Ranges and adjacent regions with
larger spotted owl populations, as pointed out in peer review and
public comments, and supported by results of population modeling. In
many cases, areas added were specifically identified by the USFS or
BLM as lands that should be added to compensate for removal of
other, lower value lands. To the degree possible, we attempted to
situate additions within LSRs and balanced additions by removing
lower-quality areas in matrix land allocations. In some cases,
additions were made to balance areas removed in (A) above. No
additional State or private lands were designated in this process,
and all areas are within the critical habitat units as described in
the proposed rule.
The changes described in (A) and (B) above had the desired
effect of bringing population results back up to levels similar to
proposed critical habitat, while simultaneously reducing the area of
matrix and lower-quality habitat in the designation thus ensuring
that only essential habitat is designated. Overall, about 318,296
acres of BLM and USFS lands were removed from critical habitat, 74
percent (236,887 acres) of which were matrix lands of relatively
lower value to northern spotted owls.
(C) We identified and removed lands based on information we
received during the public comment period indicating that they did
not meet the definition of critical habitat. In general, lands
removed had recently lost their ability to function as northern
spotted owl habitat either through stand-replacing wildfire or
through timber harvest conducted after 2006 (the date of our most
recent comprehensive vegetation layer). When such lands were
identified, we removed them from critical habitat because they were
unlikely to support northern spotted owls, and did not contain the
PCEs or could not be otherwise considered essential.
(D) We further refined the critical habitat boundaries to better
conform to identifiable landscape features or administrative
boundaries, and to improve consistency with our goal of prioritizing
high value Federal lands to include in critical habitat while
removing relatively lower value lands in all ownerships. The USFS
provided a number of specific suggestions in their public comment
for this type of refinement. Overall, these refinements resulted in
a small net reduction of critical habitat area.
(E) Correcting ownership boundary errors identified in peer-
review and public comment. When the underlying land ownership was
corrected, we determined that some lands originally labeled as
private lands were in fact Federal or State lands.
In the State of Washington, in response to public comment and upon
[[Page 71890]]
further review using the underlying aerial photo imagery from the 2011
National Agricultural Imagery Program (NAIP) and Ruraltech's 2007
forestland parcel data, we determined that the vast majority of Small
Forest Landowner parcels we examined had either highly fragmented,
little, or no northern spotted owl habitat currently present. Based on
the combination of parcel size, current habitat conditions, and spatial
distribution, we concluded that private lands identified as Small
Forest Landowner parcels in the State of Washington do not provide the
PCEs for northern spotted owls, nor are they essential to the
conservation of the species; thus, these areas do not meet the
definition of critical habitat, and we have removed them from the final
designation of critical habitat.
Also in the State of Washington, we corrected ownership of
Washington Department of Fish and Wildlife (WDFW) lands. In the
proposed rule, we identified 1,752 ac (709 ha) as under the ownership
of WDFW. In this rule, we have corrected this acreage to 8,328 ac
(3,370 ha). This correction reflects a land transfer between WDFW and
the Washington Department of Natural Resources, as well as a mistaken
usage of a mineral rights GIS layer instead of a landownership layer.
Additional changes that were made were minor and included
corrections of mapping errors, removing lower value areas that were
inadvertently included, or correctly identifying administrative
boundaries. Changes in total area are detailed in Table 1, below, and
are shown by land ownership.
Table 1--Lands in the Proposed Revised Critical Habitat Determined Not To Contain the Physical and Biological
Features Essential to Conservation of the Northern Spotted Owl or Not Otherwise Essential to its Conservation
and Therefore Not Included in Final Critical Habitat
----------------------------------------------------------------------------------------------------------------
State Ownership Acres Hectares
----------------------------------------------------------------------------------------------------------------
Washington................................. USFS......................... 11,864 4,793
Oregon..................................... USFS......................... 55,788 22,538
BLM.......................... 62,862 25,396
STATE........................ 14,114 5,702
California................................. USFS......................... 64,114 25,902
BLM.......................... 17,152 6,929
--------------------------------------------------------------------
Total.................................. ............................. 225,894 91,261
----------------------------------------------------------------------------------------------------------------
(3) We have exempted 14,313 ac (5,782 ha) of Department of Defense
lands at Joint Base Lewis-McChord in Washington from critical habitat
for the northern spotted owl, in accordance with section 4(a)(3) of the
Act (see Exemptions). These lands comprised subunit NCO-3 in the
proposed revision of critical habitat, and represented the only
entirely unoccupied unit of critical habitat proposed for the northern
spotted owl.
(4) In the proposed revised rule (77 FR 14062; March 8, 2012), we
identified numerous areas under consideration for exclusion from the
final designation, and solicited public comment on whether the benefits
of exclusion of these lands would outweigh the benefits of inclusion,
for example, based on active conservation agreements or conservation
plans. We did a thorough evaluation of all the areas identified in the
proposed rule, as well as others identified through our review and
through information received from the public, and found that the
benefits of exclusion for many of these areas outweighed the benefits
of inclusion in critical habitat and that excluding these areas will
not lead to the extinction of the species. Therefore, the Secretary is
exercising his discretion to exclude specific areas covered under
conservation agreements, programs, and partnerships under section
4(b)(2) of the Act (see Exclusions section of this document). The total
area excluded from the final critical habitat designation under section
4(b)(2) of the Act are given in Table 2, below, again shown by land
ownership.
Table 2--Areas Excluded From Final Critical Habitat Under Section 4(b)(2) or Exempted Under Section 4(a)(3) of
the Act
----------------------------------------------------------------------------------------------------------------
Proposed Proposed Excluded or Excluded or
State (Ownership) area area Final area Final area exempted exempted
(ac) (ha) (ac) (ha) (ac) (ha)
----------------------------------------------------------------------------------------------------------------
Washington:
USFS.......................... 3,601,564 1,455,032 2,909,739 1,177,528 680,197 274,800
NPS........................... 835,510 337,546 0 0 835,510 337,546
Other Federal (Joint Base 14,313 5,782 0 0 14,313 5,782
Lewis-McChord; 4(a)(3)
exemption)...................
STATE......................... 226,708 91,590 8,328 3,370 218,380 88,225
PRIVATE....................... 178,310 72,037 0 0 178,310 72,037
Oregon: *
USFS.......................... 3,555,630 1,436,475 3,114,637 1,260,448 458,965 185,422
BLM........................... 1,297,529 524,202 1,230,417 497,932 25,785 10,417
NPS........................... 35,161 14,205 0 0 35,161 14,205
STATE......................... 228,733 92,408 212,798 86,116 0 0
California:
USFS.......................... 2,367,916 956,638 1,933,411 782,423 389,387 157,312
BLM........................... 186,082 75,177 98,195 39,738 70,735 28,577
NPS........................... 127,913 51,677 0 0 127,913 51,677
STATE......................... 215,333 86,995 70,444 28,508 144,889 58,487
[[Page 71891]]
PRIVATE....................... 1,091,747 441,066 0 0 1,091,747 441,066
-----------------------------------------------------------------------------
Grand Totals.............. 13,962,449 5,640,829 9,577,969 3,876,064 4,271,291 1,725,553
----------------------------------------------------------------------------------------------------------------
(* Please note that no private lands in Oregon were proposed or included in this final designation.)
Note the difference in area between the proposed and final rules
will not align exactly with the sum total of areas removed because they
did not meet the definition of critical habitat and areas excluded or
exempted from the final designation. Some minor discrepancies in area
are due to mapping errors in the proposed designation have been
corrected here, and may not be readily apparent through simple addition
or subtraction of the total areas identified under various land
categories. For example, the proposed rule mistakenly identified 16,031
ac (6,487 ha) of lands under the ownership of SDS and Broughton Lumber
Companies in Washington as under consideration for exclusion. The
accurate area included within the proposed critical habitat was, in
fact, 2,035 ac (824 ha), and it is that area, which was excluded from
this final designation, reflected in this final rule. The difference of
nearly 14,000 ac (5,655 ha) will not be reflected in the difference
between areas proposed and areas excluded in the final rule, as it was
not really in the proposed critical habitat to begin with (and thus,
was not excluded).
The number of subunits in the final critical habitat designation
have changed as a result of exclusions under section 4(b)(2) or
exemptions under section 4(a)(3). There were 11 critical habitat units
and 63 subunits in the proposed rule. Eleven critical habitat units and
60 subunits comprise the final designation. In the North Coast
Olympics, subunit NCO-3, composed entirely of Department of Defense
lands at Joint-Base Lewis McChord, was exempted from the final
designation under section 4(a)(3) of the Act (see Exemptions). In the
Redwood Coast Region, subunits RDC-3 and RDC-4 were made up of private
lands excluded under section 4(b)(2) of the Act (see Exclusions).
(5) Not all areas identified for potential exclusion in the
proposed revised rule were excluded from the final designation. Based
on the best available scientific information, we have found that the
benefits of excluding other areas proposed or considered for exclusion
do not outweigh the benefits of including them in the designation for
the reasons discussed below. Therefore, the Secretary has determined
not to exercise his discretion to exclude these lands. These areas are
identified in Table 3 and are discussed further, below.
Table 3--Lands That Were Proposed for Exclusion, or Otherwise Considered for Exclusion, Which Are Retained in
the Final Critical Habitat Designation for the Northern Spotted Owl
----------------------------------------------------------------------------------------------------------------
Type State Landowner Acres Hectares
----------------------------------------------------------------------------------------------------------------
State Lands......................... WA Washington Department of 8,328 3,370
Fish and Wildlife Lands
\1\.
State Lands......................... OR Oregon Department of 212,798 86,116
Forestry.
State Lands......................... CA California State Forests... 49,760 20,137
CA Local Government Lands \2\. 20,684 8,371
-------------------------------
Total.......................... ............. ........................... 291,570 117,994
----------------------------------------------------------------------------------------------------------------
(a) State, County, and Municipal Lands Not Excluded.
California
We retained a relatively limited area of State, County, and
municipally owned or managed lands in California. Retained areas
include lands managed as State Forests, County Parks, and a Municipal
Water District. No habitat conservation plans (HCPs) or sage harbor
agreements (SHAs) are currently in place on these lands. Most of these
lands are in areas that have repeatedly been identified as critical to
maintaining linkages among northern spotted owl populations in
California. These State and County lands play an essential conservation
role in this area of limited Federal ownership. Retaining these lands
in the critical habitat designation promotes movement of northern
spotted owls, and maintains the potential for genetic interchange.
Including these lands would increase the awareness of State, County and
local agencies about the status of and threats to spotted owls, the
conservation actions needed for recovery, and the essential
conservation role this habitat plays. It also increases the potential
for educating visitors to State Forests and County Parks and Open Space
areas about northern spotted owl conservation needs. Excluding these
lands would have little impact on regulatory burdens because (a)
current management of these lands is generally consistent with
maintenance of habitat values, limiting the potential for adverse
effects to critical habitat, and (b) management activities typically do
not involve a Federal nexus. Therefore, the Secretary has chosen not to
exclude the following California State, County, or municipal lands from
the final designation of critical habitat for the northern spotted owl:
California Demonstration State Forests--Two California State
Forests are included in the final critical habitat designation: (1)
Jackson Demonstration State Forest (DSF), within subunit 2 in the
Redwood Coast CHU in Mendocino County, California; and (2) Las Posadas
DSF within subunit 6 of the Interior Coastal California CHU in Napa
County, California. The California Department of Forestry and Fire
Protection (CALFIRE) requested that the Jackson DSF be
[[Page 71892]]
excluded from the final critical habitat designation for the northern
spotted owl.
CALFIRE developed the Las Posadas DSF Management Plan (California
Department of Forestry and Fire Protection, 1992) for the Las Posadas
DSF and characterizes current management on the forest as
``custodial.'' Goals for fish and wildlife under the plan include
maintenance of the ``* * * Forest's status as one of the last
relatively undisturbed fish and wildlife habitats in Napa County.''
However, the management plan is quite dated, having been approved in
1992. There is acknowledgment of the presence of northern spotted owl
activity sites in the management plan, but no specific provisions for
owl management or conservation actions in the plan. There have been no
publicly-available amendments or updates to the plan since its
enactment in 1992 and the timeframe in which any revisions to the plan
may take place is uncertain. The designation of critical habitat on
these lands would perform an important educational function in
highlighting their essential role in owl conservation as the State
updates its plan and conducts management activities. Habitat within the
plan area is not typical forested habitat often associated with the
northern spotted owl but includes oak woodlands and grasslands in this
southern part of the species range and represents a unique ecological
setting for the species; the educational benefit of including this area
in critical habitat is therefore high, as landowners may not be aware
that the northern spotted owl inhabits this atypical habitat type.
After reviewing the information available, we find that the benefits of
including these areas as critical habitat will assist in maintaining
linkages and movement among and between northern spotted owl
populations, and heightening the awareness and educating visitors of
the conservation role this habitat plays for recovery of the northern
spotted owl. As a result we are not excluding the areas designated as
critical habitat within the Las Posadas DSF.
CALFIRE has also developed a management plan for the Jackson DSF
(Jackson Demonstration State Forest Management Plan (dated January
2008) and CALFIRE has requested that the area be excluded from the
final designation. In their request for exclusion CALFIRE stated that
the designation of the Jackson DSF as critical habitat was unnecessary
given: (1) Extensive conservation planning and environmental assessment
has already been completed for the area; (2) the designation would
potentially have negative impacts on the mission of the Jackson DSF on
implementing restoration and research projects; (3) that the draft
economic analysis for the proposed critical habitat concluded that the
designation would not affect timber harvest on State lands; and (4)
designation does not provide meaningful wildlife benefits any different
from those already in place.
The Service responds, as follows, to the four elements in CALFIRE'S
request for exclusion. (1) While there are efforts by CALFIRE in the
development of a forest management plan and environmental assessment
for the Jackson DSF, the plan does not specifically provide for
northern spotted owl conservation. We believe that the Jackson DSF
Management Plan (CALFIRE, 2008) could provide potential benefits to the
northern spotted owl, in that there is a high likelihood that land
allocations stated in the plan, along with the long-term desired
conditions for forest composition will improve habitat over time.
However, we find that: (a) Existing management direction in the Plan
relating to the northern spotted owl is vague; (b) the stated
conservation policy for the owl is limited to a take-avoidance
strategy; and (c) while CALFIRE collects monitoring data on northern
spotted owl activity sites on a continuous basis, there is no apparent
strategy for evaluating that information or applying it to the benefit
of the species. The only overt policy statement in the 2008 Plan
regarding the northern spotted owl states that ``* * * forest
management objectives * * * are to maintain or increase the number and
productivity of nesting owl pairs through forest management practices
that enhance nesting/roosting opportunities and availability of a
suitable prey base.'' The terms ``maintain'' and ``increase'' are not
supported with measurable standards or targets; and there are no
remedial measures or mechanisms in the 2008 Plan that are triggered by
a decrease in activity sites or demographic productivity. The northern
spotted owl conservation strategy in the 2008 Plan is predicated on
take-avoidance (CALFIRE 2008, pp. 109 and 267). Take avoidance alone is
not a sufficient conservation strategy and it will not necessarily
satisfy CALFIRE's direction to maintain or increase owl activity sites
or demographic performance. If there are local variations in the
``true'' optimal forest conditions that support owl occupancy, strict
adherence to the take-avoidance provisions may not be satisfactory and
occupancy rates may decrease, and there are no corrective mechanisms in
the 2008 Plan to account for this possibility. This dual problem of the
suitability and occupancy of activity sites is further complicated by
barred owl intrusion, and likewise is not addressed by total reliance
on a take-avoidance strategy. In addition, in the monitoring chapter
for the 2008 Plan we find that there is continuous monitoring of
northern spotted owl activity sites (CALFIRE 2008, p. 149), but it is
not spelled out in detail. (For example, it does not include the detail
and adaptability (i.e., adaptive management provisions) as are
specified for instream conditions and fisheries (CALFIRE 2008, pp. 153-
154). In addition, the 2008 Plan does not appear to contain guidance on
how to process, evaluate, and interpret the continuous data that is
currently being collected on northern spotted owl activity sites, or on
how to apply that information to agency decision-making in the event
that activity sites and demographic performance are not maintained or
increased under the existing management direction. In summary, although
the 2008 Jackson DSF Management Plan can potentially produce positive
long-term outcomes for the northern spotted owl, it contains an
incomplete conservation plan for the species.
(2) We do not agree with CALFIRE's contention that the designation
would potentially have negative impacts on its ability to implement
restoration and research projects. The fact that a Federal agency
(i.e., U.S. Forest Service) is a research cooperator does not, by
itself, create a section 7 nexus. The Service contacted the senior
Forest Service scientist connected with the research program at Jackson
DSF who described the Forest Service research activities as simply a
scientific examination of the State's proposed actions. At this time,
we see no Federal regulatory mechanism in connection with the Jackson
DSF's existing cooperative research program that would trigger
consultation under section 7 of the Act. Therefore, we believe any
regulatory burden from designation would be minimal.
(3) The Service agrees with CALFIRE's observation, in their July 6,
2012 correspondence, that the economic analysis rightly concluded that
critical habitat designation would have no effect on Jackson DSF
harvest levels. The only potential effect on harvest schedules would
occur if Federal permits or grants-of-funds were connected to the
harvest activity.
(4) We disagree with CALFIRE's position that ``designation would
[[Page 71893]]
provide no meaningful wildlife benefits from those already in place.''
Our response to item 1, above, indicates that there are potentially
meaningful informational benefits that may assist implementation of the
existing Jackson DSF Management Plan. We believe designating these
lands as critical habitat would serve a very important informational
function as the management plan is implemented; it would highlight the
fact that this habitat is essential to the conservation of the northern
spotted owl.
While acknowledging that the 2008 Management Plan contains many
features that have the potential to benefit the northern spotted owl
over the long term, and also recognizing that there several remediable
omissions in that Plan, the Secretary has elected not to exclude
Jackson Demonstration State Forest from critical habitat designation
under section 4(b)(2) of the Act because we believe that the
educational and informational benefits of inclusion outweigh the
benefits of exclusion.
Mount Tamalpais Municipal Watershed of the Marin Municipal Water
District--We are not excluding the Mount Tamalpais Watershed
(Watershed) from critical habitat designation. The Watershed (18,500 ac
(7,487 ha)) is administered by the Marin Municipal Water District
(MMWD) in Marin County, California. The Watershed is flanked on all
sides by public parks, county-administered open space areas, grazing
land, and residential areas within the triangle formed by U.S. Highway
101, California State Route 1 and Sir Francis Drake Boulevard. The MMWD
currently does not operate under a conservation plan such as an HCP or
SHA.
A key management consideration for the MMWD is the practical need
to limit sediment delivery thereby extending the service life of the
five reservoirs within the Watershed (Kent, Alpine, Bon Tempe,
Lagunitas, and Phoenix Lakes). To that end, the policy of the MMWD is
to maintain land in a natural condition and limit human activities to
those that have the least impact on the Watershed. Within specified
constraints, permitted public activities include hiking, bicycling,
horseback riding, fishing and picnicking. Camping, swimming and boating
are prohibited. There is limited public motor vehicle access into the
Watershed on Panoramic Highway, Ridgecrest Boulevard and the Fairfax-
Bolinas Road. These roads mostly access scenic vistas and day use areas
around the reservoirs. The remainder of the road network in the
Watershed is dedicated for firefighter access and administrative use,
and is closed to public motor vehicles. The MMWD has produced several
current management plans addressing specific subject areas, including
public access, vegetation management, road and trail management, and
long term fire and fuels management. Several elements in those plans
are compatible with long-term northern spotted owl conservation.
However, there is no explicit discussion about long-term owl management
in any of the MMWD's planning documents. The upcoming Vegetation
Management Plan (projected in 2013) may provide additional information
that is relevant to northern spotted owl habitat management. We are not
aware of any substantial benefits to excluding these areas from
critical habitat and find that there would be significant educational
benefits to including them in the designation in that it would
highlight the significance this area has for northern spotted owl
conservation in future planning efforts.
Marin County Parks and Open Space Department--We have included in
the designation six Open Space Preserves (OSPs) totaling 3,626 ac
(1,467 ha) administered by the Marin County (California) Parks and Open
Space Department (Department). We have designated three contiguous OSPs
adjacent to the Mount Tamalpais Watershed and south of the communities
of Lagunitas and Fairfax including Gary Giacomini (1,476 ac (597 ha)),
White Hill (390 ac (158 ha)), and Cascade Falls (498 ac (202 ha)). We
have also designated three contiguous OSPs adjacent the Watershed and
west of the community of Corte Madera including Baltimore Canyon (193
ac (78 ha)), Blithedale Summit (899 ac (364 ha), and Camino Alto (170
ac (69 ha). The Parks Department currently does not operate under a
conservation plan such as an HCP or SHA.
Park management emphasizes non-motorized public use. Five of the
six OSPs are served only by fire roads that are closed to public motor
vehicle access. The exception is the Camino Alto OSP which is flanked
on the east by a public street. Several land management elements in the
park system strategic plan (Marin County Parks and Open Space
Department, 2008) are compatible with northern spotted owl. However,
there is no explicit discussion about long term owl management in this
planning document. We are not aware of any substantial benefits to
excluding these areas from critical habitat and find that there would
be significant educational benefits to including them in the
designation.
Sonoma County Regional Parks Department--Lands within Hood Mountain
Regional Park, administered by the Sonoma County (California) Regional
Parks Department (SCRPD), are included in the designation in subunit 6
of the Interior California Coast CHU. The proposed critical habitat
designation includes all, or portions of, four assessor's parcels
totaling 460 ac (186 ha) within the park boundary. The SCRPD does not
operate under an HCP or SHA.
Hood Mountain Regional Park is minimally roaded; the Sonoma County
General Plan of 2008 indicates a modest program of trail construction
and management within the countywide regional parks system. Public
information materials, along with maps showing the local road network,
and the types and locations of facilities within Hood Mountain Regional
Park, indicate that the SCRPD is emphasizing non-motorized recreation
and protection of undeveloped land. Through public information sources
in Sonoma County, we located a mission statement for the SCRPD but were
unable to find any planning or guidance documents to indicate how the
regional parks system would be managed over the long term. The absence
of planning direction and the reasons for inclusion are similar to
those for the Marin Municipal Water District and for the Marin County
Parks and Open Space Department. We are not aware of any substantial
benefits to excluding these areas from critical habitat and find that
there would be significant educational benefits to including them in
the designation.
Oregon
In Oregon, we considered excluding 228,733 ac (92,565 ha) of State
lands managed by the Oregon Department of Forestry (ODF). These lands
contain both demographically productive sites for northern spotted owls
and provide connectivity linkages among northern spotted owl
populations in the Oregon Coast and North Coast-Olympic Modeling
Regions. These lands are not currently managed under any sort of
conservation plan or agreement with the Service, but are managed by ODF
for multiple benefits including commodity production.
The State of Oregon has indicated that the designation of their
lands as critical habitat would have ``virtually no impact--positive or
negative * * *'' on either the management of their lands or their
ability to pursue HCPs, SHAs or other conservation agreements (ODF in
litt.). This is because there is rarely a Federal nexus that would
trigger Service regulatory authority, such as the section
[[Page 71894]]
7 consultation process and the adverse modification analysis. Thus,
there would be little negative impact of including State lands in the
critical habitat designation.
Inclusion of these lands in the critical habitat designation
highlights their essential conservation role and provides opportunities
for educating visitors to these areas, nearby landowners, and ODF about
the potential conservation contribution of these lands to northern
spotted owls. If ODF were to pursue some sort of conservation
agreement, this critical habitat designation would provide a blueprint
not only for the lands that would be essential to include in such an
effort but also the types of management that would be appropriate
there. If ODF does not pursue such an effort this designation clearly
indicates the value of these lands for the conservation of the northern
spotted owl. We believe the value of the information included in the
designation would provide an opportunity for management direction that
focuses on benefits to the species.
Because we are unaware of any negative impacts of including these
ODF lands, the benefits of exclusion do not outweigh the benefits of
inclusion for these lands, and the Secretary has chosen not to exercise
his discretion to exclude these State of Oregon lands from the final
designation.
Washington
In Washington we proposed or considered excluding 226,869 ac
(91,811 ha) of State lands managed by the Washington Department of
Natural Resources (225,013 ac; 91,059 ha), Washington State Parks (104
ac; 42 ha), and Washington Department of Fish and Wildlife (8,328 ac;
3,370 ha). We excluded the lands managed by the Washington Department
of Natural Resources from the final designation based on their HCP, and
excluded 104 ac (42 ha) of State Parks and Department of Fish and
Wildlife Lands (see Exclusions). We retained 8,328 ac (3,370 ha) of
State-owned lands managed by the State Department of Fish and Wildlife
for wildlife habitat in the final designation. No conservation
agreements are currently in place on these lands, but some could be
covered by an HCP which is currently under development. Most of these
lands are located in the central Cascades in an area that has
repeatedly been identified as critical to maintaining linkages among
spotted owl populations in Washington. These State lands play an
essential conservation role in this area of limited or checkerboard
Federal ownership. Retaining these lands in the critical habitat
designation promotes movement of northern spotted owls between the
northern and southern Cascades Range, as well as between the western
and eastern slopes of the Cascades. Including these State lands would
increase the awareness of State agencies about the essential
conservation role these lands play and the conservation actions needed
for recovery. Excluding these lands would impose little regulatory
burden because (a) management of these lands is consistent with
maintenance of habitat values, limiting the potential for adverse
effects to critical habitat, and (b) management activities typically do
not involve a Federal nexus. Therefore, the Secretary has chosen not to
exercise his discretion to exclude lands managed by the Washington
Department of Fish and Wildlife from the final designation of critical
habitat for the northern spotted owl.
Summary of Changes From the Proposed Rule
The areas identified in this final rule constitute a revision from
the areas we designated as critical habitat for the northern spotted
owl in 2008 (August 13, 2008; 73 FR 47326), which was a revision of the
areas we initially designated as critical habitat for the northern
spotted owl in 1992 (January 15, 1992; 57 FR 1796; see Changes from
Previously Designated Critical Habitat, below). This final rule
supersedes and replaces both of these earlier designations. The changes
to the proposed revised critical habitat designation identified above
result in a final designation of 9,577,969 ac (3,876,064 ha), a
decrease of 4,197,484 ac (1,689,072 ha) from the 13,962,449 ac
(5,649,660 ha) identified as meeting the definition of critical habitat
in the March 8, 2012 (77 FR 14062) proposed rule (Table 4, below).
Table 4--Differences Between Proposed and Final Revised Critical Habitat. Totals Many Not Sum Due to Rounding
(Rounded to Nearest 100 Units). Small Differences Between the Proposed and Final Revised Critical Habitat That
Are Not Noted as Additions or Deletions Are the Result of Corrections of the GIS Map and Rounding Error
----------------------------------------------------------------------------------------------------------------
Proposed Proposed Final
Critical habitat unit acres hectares Final acres hectares
----------------------------------------------------------------------------------------------------------------
East Cascades North............................. 1,919,469 775,465 1,345,523 544,514
East Cascades South............................. 526,810 212,831 368,381 149,078
Inner California Coast Ranges................... 1,276,450 515,686 941,568 381,039
Klamath East.................................... 1,111,679 449,118 1,052,731 426,025
Klamath West.................................... 1,291,606 521,809 1,197,389 484,565
North Coast Olympic............................. 1,595,821 644,712 824,500 333,663
Oregon Coast Ranges............................. 891,154 360,026 859,864 347,975
Redwood Coast................................... 1,550,747 626,502 180,855 73,189
West Cascades Central........................... 1,353,045 546,630 909,687 368,136
West Cascades North............................. 820,832 331,616 542,274 219,450
West Cascades South............................. 1,624,836 656,434 1,355,198 548,429
---------------------------------------------------------------
Total....................................... 13,962,449 5,640,829 9,577,969 3,876,064
----------------------------------------------------------------------------------------------------------------
V. Changes From Previously Designated Critical Habitat
In 2008, we designated 5,312,300 ac (2,149,800 ha) of Federal lands
in California, Oregon, and Washington as critical habitat for the
northern spotted owl (73 FR 47326; August 13, 2008). In this revision,
we are designating 9,577,969 ac (3,876,064 ha) as critical habitat for
the northern spotted owl. We have revised the designation of critical
habitat for the northern spotted owl to be consistent with the most
current assessment of the conservation needs of the species, as
described in the 2011 Revised Recovery Plan for the Northern Spotted
Owl (USFWS 2011, Appendix B). In this final designation, 4,085,808
[[Page 71895]]
ac (1,653,468 ha) are the same as in the 2008 designation. Of the
current designation, 5,679,162 ac (2,298,275 ha) are lands not formerly
designated in 2008, and 1,229,119 ac (497,405 ha) of lands that were
included in the former designation are not included here, for reasons
detailed below.
This revision of critical habitat represents an increase in the
total land area identified from previous designations in 1992 and 2008.
This increase in area is due, in part, to: (a) The unanticipated steep
decline of the northern spotted owl and the impact of the barred owl,
requiring larger areas of habitat to maintain sustainable spotted owl
populations in the face of competition with the barred owl (e.g.,
Dugger et al. 2011, p. 2467); (b) the recommendation from the
scientific community that the conservation of more occupied and high-
quality habitat is essential to the conservation of the species
(Forsman et al. 2011, p. 77); (c) the need to provide for redundancy in
northern spotted owl populations, by maintaining sufficient suitable
habitat for northern spotted owls on a landscape level in areas prone
to frequent natural disturbances, such as the drier, fire-prone regions
of its range (in other words, ``back-up'' areas of habitat so that owls
have someplace to go if their habitat burns or trees die due to insect
infestation, etc.) (Noss et al. 2006, p. 484; Thomas et al. 2006, p.
285; Kennedy and Wimberly 2009, p. 565); and (d) in contrast to the
previous critical habitat designation, the inclusion of some State
lands in areas where Federal lands are not sufficient to meet the
conservation needs of the northern spotted owl.
The new delineation of areas determined to provide the physical or
biological features essential for the conservation of the northern
spotted owl, or otherwise determined to be essential for the
conservation of the species, was based, in part, on an improved
understanding of the forest characteristics and spatial patterns that
influence habitat usage by northern spotted owls which were
incorporated into the latest population evaluation and mapping
technology. The modeling process we used to evaluate alternative
critical habitat scenarios differed fundamentally from the conservation
planning approach used to inform the 1992 and 2008 designations of
critical habitat for the northern spotted owl. These past designations
relied on a priori (predefined) rule sets derived from the best
scientific information and expert judgment available at that time
regarding the size of reserves or habitat conservation blocks, target
number of spotted owl pairs per reserve or block, and targeted spacing
between reserves or blocks (USFWS 2011, p. C-4), which we then assessed
and refined based on local conditions. This revised designation
reflects our use of a series of spatially explicit modeling processes
to determine those specific areas where biological features are
essential to the conservation of the northern spotted owl, and in the
case of unoccupied habitat, to determine the areas that are otherwise
essential to the conservation of the owl, as described in Criteria Used
to Identify Critical Habitat. These models enabled us to compare
potential critical habitat scenarios in a repeatable and scientifically
accepted manner (USFWS 2011, p. C-4), using current tools that
capitalize on new spatial information and algorithms (rule sets to
solve problems) for identifying the most efficient habitat network
containing what is essential for conservation.
The areas designated are lands that were occupied at the time of
listing and that currently provide suitable nesting, roosting,
foraging, or dispersal habitat for northern spotted owls, or that are
otherwise essential to the conservation of the species. However, as
noted above, not every site of known owl occupancy, either at present
or at the time of listing, is included in the designation. We did not
include owl sites if they were isolated from other known occurrences or
in areas of marginal habitat quality such that they were unlikely to
make a significant contribution to the conservation of the species, and
therefore were not considered to provide the essential features.
The critical habitat network development and evaluation strategy we
used attempted to maximize the efficiency of the network by
prioritizing Federal lands. Utilization of new scientific information
and advanced modeling techniques accounts for many of the changes in
the revised critical habitat; in particular, the location of areas
essential to northern spotted owls may have shifted from previous
designations based on the best information available regarding the
spatial distribution of high-value habitat. These advances include
improvements in remotely-sensed vegetation data, use of models that
better identify spatial configurations of habitat features important to
owls, and assessment of relative population performance of northern
spotted owls under different critical habitat designations. In
addition, negative effects of barred owls on northern spotted owl
populations were incorporated into the modeling process.
Late-successional reserves (LSRs) were not prioritized in this
approach based solely on their status as a reserved land allocation,
but were included in the 2012 designation only where the habitat
quality was high enough to meet the selection criteria. In contrast,
the 2008 critical habitat identified lands in part based on status as
LSRs. However, LSRs were not originally designed under the NWFP solely
to meet the needs of the northern spotted owl, but may include areas
designated for other late-successional forest species. Therefore, not
all LSRs contain habitat of sufficient quality to be included in the
critical habitat network for the northern spotted owl. Connected to the
decision to designate lands in part because of their status as LSRs, we
did not include NWFP matrix on Forest Service lands in 2008. In this
designation we have included NWFP matrix lands where they contain high
quality habitat essential to the species' conservation. As described in
the section Changes from the Proposed Rule, we tested a habitat network
that did not include many of these high-value matrix lands; doing so
led to a significant increase in the risk of extinction for the
species, therefore these lands are retained in this final designation.
Table 5 shows a comparison of areas included in the 2008
designation and those included in this revision to critical habitat.
The process we used to determine occupied areas containing essential
features and unoccupied areas essential to the conservation of the
species is described in Criteria Used to Identify Critical Habitat.
Table 5--Comparison of Area Included in 2008 Critical Habitat and 2012 Critical Habitat by Region. The 11
Regions Are Described in Detail in the Proposed Revised Critical Habitat Designation Section
----------------------------------------------------------------------------------------------------------------
2012 Critical habitat 2008 Final critical habitat
Modeling region ---------------------------------------------------------------
acres hectares acres hectares
----------------------------------------------------------------------------------------------------------------
North Coast Olympics............................ 824,500 333,663 485,039 196,289
[[Page 71896]]
Oregon Coast.................................... 859,864 347,975 507,082 205,209
Redwood Coast................................... 180,855 73,189 70,153 28,390
West Cascades North............................. 542,274 219,450 390,232 157,921
West Cascades Central........................... 909,687 368,136 546,333 221,093
West Cascades South............................. 1,355,198 548,429 700,421 283,450
East Cascades North............................. 1,345,523 544,514 687,702 278,303
East Cascades South............................. 368,381 149,078 207,291 83,888
Klamath East.................................... 1,052,731 426,025 667,795 270,247
Klamath West.................................... 1,197,389 484,565 667,795 270,247
Inner California Coast Ranges................... 941,568 381,039 535,863 216,856
---------------------------------------------------------------
Grand total................................. 9,577,969 3,876,064 5,312,327 2,149,823
----------------------------------------------------------------------------------------------------------------
The reduction in the number of critical habitat units from 33 in
2008 to 11 in 2012 is a reflection, in part, of our decision to
aggregate habitat by regions. The 2008 designation included 33 critical
habitat units; the 2012 revision includes 11 critical habitat units
with 60 subunits.
Our determination of PCEs in this revised designation incorporates
new information resulting from research conducted since the last
revision in 2008. This new information, along with relevant older
studies, allowed us to include a higher level of specificity in the
PCEs in this revision. This final rule also includes two changes in
overall organization. The 2008 revised designation considered nesting
and roosting habitat as separate PCEs. In this designation, we have
combined these habitat types, because northern spotted owls generally
use the same habitat for both nesting and roosting; they are not
separate habitat types, and function differs only based on whether a
nest structure is present. At the scale of a rangewide designation of
critical habitat, nesting and roosting habitats cannot be
systematically distinguished, and, therefore, we combined them in our
analysis and resulting rulemaking. For project planning and management
of northern spotted owls at the local scale, the distinction between
nesting and roosting habitat remains useful, especially in portions of
the subspecies' range where nesting structures are conspicuous (e.g.,
mistletoe brooms). The second organizational change was to subdivide
the range of the northern spotted owl into four separate regions, and
to describe PCEs for foraging habitat separately for each of these to
provide more appropriate region-specific information.
VI. Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features;
(a) Essential to the conservation of the species; and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation does not allow the government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner requests Federal agency
funding or authorization for an action that may affect a listed species
or critical habitat, the consultation requirements of section 7(a)(2)
of the Act would apply, but even in the event of a destruction or
adverse modification finding, the obligation of the Federal action
agency and the landowner is not to restore or recover the species, but
to implement reasonable and prudent alternatives to avoid destruction
or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features: (1) Which are essential to the
conservation of the species, and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, those physical or biological
features that are essential to the conservation of the species (such as
space, food, cover, and protected habitat). In identifying those
physical or biological features within an area, we focus on the
principal biological or physical constituent elements (PCEs--primary
constituent elements such as roost sites, nesting grounds, rainfall,
canopy cover, soil type) that are essential to the conservation of the
species.
[[Page 71897]]
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species. For example, an area that was not occupied at the time of
listing but is essential to the conservation of the species may be
included in the critical habitat designation. We designate critical
habitat in areas outside the geographical area occupied by a species
only when a designation limited to its range would be inadequate to
ensure the conservation of the species (50 CFR 424.12(e)).
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific and commercial data available.
Further, our Policy on Information Standards Under the Endangered
Species Act (published in the Federal Register on July 1, 1994 (59 FR
34271)), the Information Quality Act (section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658)), and our associated Information Quality
Guidelines, provide criteria, establish procedures, and provide
guidance to ensure that our decisions are based on the best scientific
data available. They require our biologists, to the extent consistent
with the Act and with the use of the best scientific data available, to
use primary and original sources of information as the basis for
recommendations to designate critical habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information developed during the listing process for the species.
Additional information sources may include the recovery plan for the
species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, other unpublished materials, or
experts' opinions or personal knowledge.
Habitat is dynamic, and northern spotted owls may move from one
area to another over time. We recognize that critical habitat
designated at a particular point in time may not include all of the
habitat areas that we may later determine are necessary for the
recovery of the species. For these reasons, a critical habitat
designation does not signal that habitat outside the designated area is
unimportant or may not be needed for recovery of the species. Areas
that are important to the conservation of the species, both inside and
outside the critical habitat designation, will continue to be subject
to: (1) Conservation actions implemented under section 7(a)(1) of the
Act, (2) regulatory protections afforded by the requirement in section
7(a)(2) of the Act for Federal agencies to insure their actions are not
likely to jeopardize the continued existence of any endangered or
threatened species, and (3) the prohibitions of section 9 of the Act on
taking any individual of the species, including taking caused by
actions that affect habitat. Federally funded or permitted projects
affecting listed species outside their designated critical habitat
areas may still result in jeopardy findings in some cases. These
protections and conservation tools will continue to contribute to
recovery of this species. Similarly, critical habitat designations made
on the basis of the best available information at the time of
designation will not control the direction and substance of future
recovery plans, habitat conservation plans (HCPs), or other species
conservation planning efforts if new information available at the time
of these planning efforts calls for a different outcome.
Physical or Biological Features
In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and
regulations at 50 CFR 424.12, in determining which areas within the
geographical area occupied by the species at the time of listing to
designate as critical habitat, we consider the physical or biological
features essential to the conservation of the species and which may
require special management considerations or protection. These include,
but are not limited to:
(1) Space for individual and population growth and for normal
behavior;
(2) Food, water, air, light, minerals, or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, or rearing (or development)
of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historical, geographical, and ecological
distributions of a species.
For the northern spotted owl, the physical or biological features
essential to the conservation of the species are forested areas that
are used or likely to be used for nesting, roosting, foraging, or
dispersing. The specific characteristics or components that comprise
these features include, for example, specific ranges of forest stand
density and tree size distribution; coarse woody debris; and specific
resources, such as food (prey and suitable prey habitat), nest sites,
cover, and other physiological requirements of northern spotted owls
and considered essential for the conservation of the species. Below, we
describe the life-history needs of the species and the broader physical
or biological features essential to the conservation of the northern
spotted owl, which informed our identification of the primary
constituent elements (PCEs). The following information is based on
studies of the habitat, ecology, and life history of the species, as
described in the final listing rule for the northern spotted owl,
published in the Federal Register on June 26, 1990 (55 FR 26114); the
Revised Recovery Plan for the Northern Spotted Owl released on June 30,
2011 (USFWS 2011); the Background section of this document; and the
following information.
Although the northern spotted owl is typically considered a habitat
and prey specialist, it uses a relatively broad array of forest types
for nesting, roosting, foraging, and dispersal. The diversity of forest
types used is a reflection of the large geographical range of this
subspecies, and the strong gradation in annual precipitation and
temperature associated with both coastal mountain ranges and the
Cascade Range. While the northern spotted owl is unquestionably
associated with old-growth forests, habitat selection and population
performance involves many additional features (Loehle et al. 2011, p.
20). This description of physical or biological features summarizes
both variation in habitat use and particular features or portions of
the overall gradient of variation that northern spotted owls
preferentially select, and that we, therefore, consider essential to
their conservation. We begin by considering the broad-scale patterns of
climate, elevation, topography, and forest community type that act to
influence northern spotted owl distributions and space for population
growth and dispersal. We then discuss the abundance and pattern of
habitats used for nesting, roosting, and foraging at the landscape
scale that influence the availability and occupancy of breeding sites
and the survival and fecundity of northern spotted owls. Thus, we begin
by considering factors that operate at broader spatial scales and
proceed to factors that influence habitat quality at the forest stand
scale. When we discuss the physical or biological features, we focus on
features that are common range wide, but also summarize specific
[[Page 71898]]
features or patterns of habitat selection that characterize particular
regions.
Physical Influences Related to Features Essential to the Northern
Spotted Owl
Climate, elevation, and topography are features of the physical
environment that influence the capacity of a landscape to support
habitat with high value for northern spotted owls and the type of
habitat needed by the species. The distribution and amount of habitat
on the landscape reflects interactions among these physical elements.
Several studies have found that physical aspects of the environment,
such as topographic position, aspect, and elevation, influence the
northern spotted owl's selection of habitat (e.g., Clark 2007, pp. 97-
111; Stalberg et al. 2009, p. 80). These features are also factors in
determining the type of habitats essential to northern spotted owl
conservation.
Climate--Population processes for northern spotted owls are
affected by both large-scale fluctuations in climate conditions and by
local weather variation (Glenn 2009, pp. 246-248). The influence of
weather and climate on northern spotted owl populations has been
documented in northern California (Franklin et al. 2000, pp. 559-583),
Oregon (Olson et al. 2004, pp. 1047-1052; Dugger et al. 2005, pp. 871-
877; Glenn et al. 2010, pp. 2546-2551), and Washington (Glenn et al.
2010, pp. 2546-2551). Climate and weather effects on northern spotted
owls are mediated by vegetation conditions, and the combination of
climate and vegetation variables improves models designed to predict
the distribution of northern spotted owls (e.g., Carroll 2010, pp.
1434-1437).
Climate niche models for the northern spotted owl identified winter
precipitation as the most important climate variable influencing
ability to predict the distribution of northern spotted owl habitat
(Carroll 2010, p. 1434). This finding is consistent with previous
demographic studies that suggest there are negative effects of winter
and spring precipitation on survival, recruitment, and dispersal
(Franklin et al. 2000; pp. 559-583). Niche modeling suggested that
precipitation variables, both in winter and in summer, were more
influential than winter and summer temperatures (Carroll 2010, p. 1434-
1436).
Wet, cold weather during the winter or nesting season, particularly
the early nesting season, has been shown to negatively affect northern
spotted owl reproduction (Olson et al. 2004, p. 1039; Dugger et al.
2005, p. 863; Glenn et al. 2011b, p. 1279), survival (Franklin et al.
2000, p. 539; Olson et al. 2004, p. 1039; Glenn et al. 2011a, p. 159),
and recruitment (Franklin et al. 2000, p. 559; Glenn et al. 2010, p.
2546). Cold, wet weather may reduce reproduction or survival during the
breeding season, due to declines or decreased activity in small mammal
populations, so that less food is available during this period when
metabolic demands are high (Glenn et al. 2011b, pp. 1290-1294). Wet,
cold springs or intense storms during this time may increase the risk
of starvation in adult birds (Franklin et al. 2000, pp. 559-590). Cold,
wet weather may also limit abundance of prey (Lehmkuhl et al. 2006, pp.
589-595), and reduce the male northern spotted owl's ability to bring
food to incubating females or nestlings (Franklin et al. 2000, pp. 559-
590). Cold, wet nesting seasons have been shown to increase the
mortality of nestlings due to chilling (Franklin et al. 2000, pp. 559-
590), and reduce the number of young fledged per pair per year
(Franklin et al. 2000, p. 559, Olson et al. 2004, p. 1047; Glenn et al.
2011b, p. 1279). Wet, cold weather may decrease survival of dispersing
juveniles during their first winter, thereby reducing recruitment
(Franklin et al. 2000, pp. 559-590).
Habitat quality may offset the negative effects of climate
extremes. Franklin et al. (2000, pp. 582-583) argued that northern
spotted owl populations are regulated or limited by both habitat
quality and environmental factors, such as weather. Abundance and
availability of prey may ultimately limit northern spotted owl
populations, and abundance of prey is strongly associated with habitat
conditions. As habitat quality decreases, other factors, such as
weather, have a stronger influence on demographic performance. In
essence, the presence of high-quality habitat appears to buffer the
negative effects of cold, wet springs and winters on survival of
northern spotted owls, as well as ameliorate the effects of heat. High-
quality northern spotted owl habitat was defined in a northern
California study area as a mature or old-growth core within a mosaic of
old and younger forest (Franklin et al. 2000, p. 559). The high-quality
habitat can help maintain a stable prey base, thereby reducing the cost
of foraging during the early breeding season, when energetic needs are
high (Carey et al. 1992, pp. 223-250; Franklin et al. 2000, p. 559). In
addition, mature and old forest with high canopy cover typically
remains cooler during summer months than younger stands.
Drought or hot temperatures during the previous summer have also
been associated with reduced northern spotted owl recruitment and
survival (Glenn et al. 2010, p. 2546). Drier, warmer summers and
drought conditions during the growing season strongly influence primary
production in forests, food availability, and the population sizes of
small mammals (Glenn et al. 2010, p. 2546). Northern flying squirrels
(one of the northern spotted owl's primary prey), for example, forage
primarily on ectomycorrhizal fungi (truffles), many of which grow
better under moist conditions (Lehmkuhl et al. 2004, pp. 58-60). Drier,
warmer summers, or the high-intensity fires, which such conditions
support, may change the range or availability of these fungi, affecting
northern flying squirrels and the northern spotted owls that prey on
them. Periods of drought are associated with declines in annual
survival rates for other raptors, due to a presumed decrease in prey
availability (Glenn et al. 2010, pp. 2546-2551).
Mexican northern spotted owls (Strix occidentalis lucida) and
California northern spotted owls (S. o. occidentalis) have a narrow
temperature range in which body temperature can be maintained without
additional metabolic energy expenditure (Ganey et al. 1993, pp. 653-
654; Weathers et al. 2001, pp. 682-686). Others (e.g., Franklin et al.
2000, entire) have assumed the northern spotted owl to be similar in
this regard. While winter temperatures are relatively mild across much
of the northern spotted owl's range, heat stress has been identified as
a potential stressor at temperatures exceeding 30 [deg]C
(86[emsp14][deg]F; Weathers et al. 2001, p. 678). The northern spotted
owl's selection for areas with older-forest characteristics has been
hypothesized to be related, in part, to its needing cooler areas in
summer to avoid heat stress (Barrows and Barrows 1978, entire).
Elevation and Topography--Elevation and corresponding changes in
temperature or moisture regimes constrain the development of vegetation
communities selected by northern spotted owls, and may exceed the
bounds of physiological tolerance of northern spotted owls or their
prey as well. Several studies have noted the avoidance or absence of
northern spotted owls above location-specific elevational limits
(Blakesley et al. 1992, pp. 390-391; Hershey et al. 1998, p. 1406;
LaHaye and Guti[eacute]rrez 1999, pp. 326, 328). In some locations,
elevational limits occur despite the presence of forests that appear to
have the structural characteristics typically associated with northern
spotted owl habitat. Where
[[Page 71899]]
forest structure is not the apparent cause of elevational limits, the
mechanistic bases of these limits are unknown, but they could be
related to prey availability, presence of competitors, or extremes of
temperature or precipitation. Habitat for northern spotted owls can
occur from sea level to the lower elevation limit of subalpine
vegetation types. This upper elevation limit varies with latitude from
about 3,000 feet (ft) (900 meters (m)) above sea level in coastal
Washington and Oregon (Davis and Lint 2005, p. 32) to about 6,000 ft
(1,800 m) above sea level near the southern edge of the range (derived
from Davis and Lint 2005, p. 32).
Topography also influences the distribution of northern spotted owl
habitat and patterns of habitat selection. The effects of topography
are strongest in drier forests, where aspect and insolation (amount of
solar radiation received in an area) contribute to moisture stress that
can limit forest density and tree growth. In drier forests east of the
Cascades and in the Klamath region, suitable habitat can be
concentrated at intermediate topographic positions, on north-facing
aspects, and in concave landforms that retain moisture. This leads to a
distribution of suitable habitat characterized by ribbon-like bands and
discrete patches. Ribbons occur along drainages and valley bottoms,
along the north faces of ridges that trend from east to west, and at
intermediate topographic positions between drier pine-dominated forests
at lower elevations, and subalpine forest types at higher elevations.
Discrete patches also occur on top of higher plateaus. Northern spotted
owl populations inhabiting drier forests have higher fecundity and
lower survival rates than owls in other regions (Hicks et al. 2003, pp.
61-62; Anthony et al. 2006, pp. 28, 30). The naturally fragmented
distribution of suitable habitat in drier forests, and increased
predation risk associated with traversing this landscape, may be one of
many features that contributed to the evolution of these life-history
characteristics.
Slope may also influence the distribution of suitable habitat.
Intermediate slopes have been associated with northern spotted owl
sites in some studies (e.g., Gremel 2005, p. 37; Gaines et al. 2010,
pp. 2048-2050; USFWS 2011, Appendix C), but the mechanisms underlying
this association are unclear, potentially including a variety of
features from soil depth to competition with barred owls.
Disturbance Regimes--Natural disturbances and anthropogenic (human-
caused) activities continuously shape the amount and distribution of
northern spotted owl habitat on the landscape. In moist forests west of
the Cascades in Washington and Oregon, and in the Redwood region in
California, anthropogenic activities have a dominant influence on
distribution patterns of remaining habitat, with natural disturbances
typically playing a secondary role. In contrast, drier forests east of
the Cascades and in the Klamath region have dynamic disturbance regimes
that continue to exert a strong influence on northern spotted owl
habitat. Climate change may modify disturbance regimes across the range
of the northern spotted owl, resulting in substantial changes to the
frequency and extent of habitat disruption by natural events.
In drier forests, low- and mixed-severity fires historically
contributed to a high level of spatial and temporal variability in
landscape patterns of disturbed and recovering vegetation. However,
anthropogenic activities have so altered these historical patterns and
composition of vegetation, fuels, and associated disturbance regimes,
that contemporary landscapes no longer function as they did
historically (Hessburg et al. 2000a, pp. 77-78; Hessburg and Agee 2003,
pp. 44-51; Hessburg et al. 2005, pp. 122-127, 134-136; Skinner et al.
2006, pp. 176-179; Skinner and Taylor 2006, pp. 201-203).
Fire exclusion, combined with the removal of fire-tolerant
structures (e.g., large, fire-tolerant tree species such as ponderosa
pine, western larch (Larix occidentalis), and Douglas-fir), have
reduced the resiliency of the landscape to fire and other disturbances,
(Agee 1993, pp. 280-319; Hessburg et al. 2000a, pp. 71-80; Hessburg and
Agee 2003, pp. 44-46). Understory vegetation in these forests has
shifted in response to fire exclusion from grasses and shrubs to shade-
tolerant conifers, reducing fire tolerance of these forests, and
increasing drought stress on dominant tree species.
Anthropogenic activities have also fundamentally changed the
spatial distribution of fire-intolerant stands among the fire-tolerant
stands, changing the pattern of fire activity across the landscape.
Past management has altered the natural disturbance regime, homogenized
the formerly patchy vegetative network, and reduced the complexity that
was more prevalent during the presettlement era (Skinner 1995, pp. 224-
226; Hessburg and Agee 2003, pp. 44-45; Hessburg et al. 2007, p. 21;
Kennedy and Wimberly 2009, pp. 564-565). This alteration in the
disturbance regime further affects forest structure and composition.
Patches of fire-intolerant vegetation that had been spatially separated
have become more contiguous and are more prone to conducting fire,
insects, and diseases across larger swaths of the landscape (Hessburg
et al. 2005, pp. 71-74, 77-78). This homogenized landscape may be
altering the size and intensity of current disturbances and further
altering landscape functionality (e.g., Everett et al. 2000, pp. 221-
222).
The intensity and spatial extent of natural disturbances that
affect the amount, distribution, and quality of northern spotted owl
habitat in dry forests are also influenced by local topographic
features, elevation, and climate (Swanson et al. 1988, entire). At
local scales, these factors can be used to identify areas that are
insulated from recent or existing disturbance, and consequently tend to
persist without disturbance for longer periods (Camp et al. 1997,
entire). These disturbance refugia are locations where northern spotted
owl habitat has a higher likelihood of developing and persisting in
drier forests. As a result of these unevenly distributed disturbance
regimes, especially in the drier forests within its range, habitat for
the northern spotted owl naturally occurs in a patchy mosaic in various
stages of suitability in these regions. Sufficient area to provide for
these habitat dynamics and to allow for the maintenance of adequate
quantities of suitable habitat on the landscape at any one point in
time is, therefore, essential to the conservation of the northern
spotted owl in the dry forest regions.
Pattern and Distribution of Habitat--Historically, forest types
occupied by the northern spotted owl were fairly continuous,
particularly in the wetter parts of its range in coastal northern
California and most of western Oregon and Washington. Suitable forest
types in the drier parts of the range (interior northern California,
Klamath region, interior southern Oregon, and east of the Cascade crest
in Oregon and Washington) occur in a mosaic pattern interspersed with
infrequently used vegetation types, such as open forests, shrubby
areas, and grasslands. As described above, natural disturbance
processes in these drier regions likely contributed to a pattern in
which patches of habitat in various stages of suitability shift
positions on the landscape through time. In the Klamath Mountains
Provinces of Oregon and California, and to a lesser extent in the Coast
and Cascade Provinces of California, large areas of serpentine soils
exist that are typically not capable of supporting northern spotted owl
habitat (Davis and Lint 2005, pp. 31-33).
[[Page 71900]]
Biological Influences Related to Features Essential to the Northern
Spotted Owl
Forest Community Type (Composition)--Across their geographical
range, northern spotted owl use of habitat spans several scales, with
increasing levels of habitat selection specificity at each scale. We
refer to these scales as the ``landscape,'' ``home range,'' and ``core
area'' scales. Nest stands within core areas are even more narrowly
selected (see Functional Categories of Northern Spotted Owl Habitat, in
the Background section, above).
Landscapes supporting populations of northern spotted owls are the
broadest scale we considered, encompassing areas sufficient to support
numerous reproductive pairs (roughly 20,000 to 200,000 ac (8,100 to
81,000 ha). At the landscape scale, the northern spotted owl inhabits
most of the major types of coniferous forests across its geographical
range, including Sitka spruce, western hemlock, mixed conifer and mixed
evergreen, grand fir, Pacific silver fir, Douglas-fir, redwood/Douglas-
fir (in coastal California and southwestern Oregon), white fir, Shasta
red fir, and the moist end of the ponderosa pine zone (Forsman et al.
1984, pp. 8-9; Franklin and Dyrness 1988, entire; Thomas et al. 1990,
p. 145). These forest types may be in early-, mid-, or late-seral
stages, and must occur in concert with at least one of the physical or
biological features characteristic of breeding and nonbreeding
(dispersal) habitat, described below.
Landscape-level patterns in tree species composition and topography
can influence the distribution and density of northern spotted owls.
These differences in northern spotted owl distribution occur even when
different forest types have similar structural attributes, suggesting
that northern spotted owls may prefer specific plant associations or
tree species. Some forest types, such as pine-dominated and subalpine
forests, are infrequently used, regardless of their structural
attributes. In areas east of the Cascade Crest, northern spotted owls
select forests with high proportions of Douglas-fir trees. The effects
of tree species composition on habitat selection also extend to
hardwoods within conifer-dominated forests (e.g., Meyer et al. 1998, p.
35). For example, our habitat modeling indicated that habitat value in
the central Western Cascades was negatively related to proportion of
hardwoods present. At the home range and core area scales, locations
occupied by northern spotted owls consistently have greater amounts of
mature and old-growth forest compared to random locations or unused
areas. The proportion of older or structurally complex forest within
the home range varies greatly by geographical region, but typically
falls between 30 and 78 percent (Courtney et al. 2004, p. 5-6). In
studies where circles of different sizes were compared, differences
between northern spotted owl sites and random locations diminished as
circles of increasing size were evaluated (Courtney et al. 2004, p. 5-
7), suggesting habitat selection is stronger at the core area scale
than at the home range and landscape scales.
Population Spatial Requirements--We have described a range of
climatic, elevational, topographic, and compositional factors, and
associated disturbance dynamics typical of different regions, that
constrain the amount and distribution of northern spotted owl habitat
across landscapes. Within this context, areas that contain the physical
or biological features described below must provide habitat in an
amount and distribution sufficient to support persistent populations,
including metapopulations of reproductive pairs, and opportunities for
nonbreeding and dispersing owls to move among populations to be
considered essential to the conservation of the northern spotted owl.
Northern spotted owls maintain large home ranges that vary in size
across nearly an order of magnitude across the species' range, from
about 1,400 to 14,000 ac (570 to 5,700 ha), depending on geographic
latitude and prey resources (see Home Range Requirements, below).
Overlap occurs among adjoining territories, but the large size of
territories nonetheless means that populations of northern spotted owls
require landscapes with large areas of habitat suitable for nesting,
roosting, and foraging. For example, in the northern parts of the
subspecies' range where territories are largest, a population of 20
resident pairs would require at least 100,000 ac (about 40,500 ha) of
habitat that is relatively densely distributed and of high quality.
As described in the Background section above, several studies have
examined patterns of northern spotted owl habitat selection at the
territory scale and the consequences on fitness of habitat
configuration within a territory. We do not know if the features that
contribute to enhancing northern spotted owl occupancy and reproductive
success at the territory scale can be scaled up to predict what
landscape-scale patterns of habitat are most conducive to stable or
increasing northern spotted owl populations. Studies that use
populations as units of analysis in order to investigate the effects of
the landscape-scale configuration of habitat on the performance of
northern spotted owl populations have only begun recently. Past models
of northern spotted owl population dynamics have included predictions
about the effects of habitat configuration on population performance,
but these predictions have not been tested or validated by empirical
studies (Franklin and Guti[eacute]rrez 2002; p. 215). Recent
demographic analyses suggested that recruitment was positively related
to the proportion of study areas covered by suitable habitat (see
Forsman et al. 2011, pp. 59-62), but this covariate was not associated
with other aspects of demographic performance, and few other covariates
were investigated.
When the northern spotted owl was listed as threatened in 1990 (55
FR 26114; June 26, 1990), habitat loss and fragmentation of old-growth
forest were identified as major factors contributing to declines in
northern spotted owl populations. As older forests were reduced to
smaller and more isolated patches, the ability of northern spotted owls
to successfully disperse and establish territories was likely reduced
(Lamberson et al. 1992, pp. 506, 508, 510-511). Lamberson et al. (1992,
pp. 509-511) identified an apparent sharp threshold in the amount of
habitat below which northern spotted owl population viability
plummeted. Lamberson et al. (1994, pp. 185-186, 192-194) concluded that
size, spacing, and shape of reserved areas all had strong influence on
population persistence, and reserves that could support a minimum of 20
northern spotted owl territories were more likely to maintain northern
spotted owl populations than smaller reserves. They also found that
juvenile dispersal was facilitated in areas large enough to support at
least 20 northern spotted owl territories.
In addition to area size, spacing between reserves had a strong
influence on successful dispersal (Lamberson et al. 1992, pp. 508, 510-
511). Forsman et al. (2002, pp. 15-16) reported dispersal distances of
1,475 northern spotted owls in Oregon and Washington for 1985 to 1996.
Median maximum dispersal distance (the straight-line distance between
the natal site and the farthest location) for radio-marked juvenile
male northern spotted owls was 12.7 miles (mi) (20.3 kilometers (km)),
and that of female northern spotted owls was 17.2 mi (27.5 km) (Forsman
et al. 2002: Table
[[Page 71901]]
2). Dispersal data and other studies on the amount and configuration of
habitat necessary to sustain northern spotted owls provided the
foundation for developing previous northern spotted owl habitat reserve
systems. Given the range-wide declining trends in northern spotted owl
populations, as well as declining trends in the recruitment of new
individuals into territorial populations (Forsman et al. 2011, pp. 59-
66, Table 22), we have determined that, to be essential, physical or
biological features must be positioned on the landscape to enable
populations to persist and to allow individual owls to disperse among
populations.
In contrast to earlier designations of critical habitat, we did not
develop an a priori rule set to identify those areas that provide the
physical or biological features essential to the conservation of the
owl, using factors such as minimum size of habitat blocks, targeted
numbers of owl pairs, or maximum distance between blocks of habitat.
Instead, we determined the spatial extent and placement of the areas
providing the physical or biological features that are essential to the
conservation of the owl based on the relative demographic performance
of the habitat models tested. This process is summarized in the section
Criteria Used to Identify Critical Habitat, presented later in this
document, and is presented in detail in our supporting documentation
(Dunk et al. 2012b, entire). This supporting documentation, which
describes in detail the modeling process we used, is available at our
Web site. We refer to this document in the Summary of Comments and
Recommendations section, below, as our ``Modeling Supplement'' (Dunk et
al. 2012b).
Home Range Requirements--Most adult northern spotted owls remain on
their home range throughout the year; therefore, their home range must
provide all the habitat components, including prey, needed for the
survival and successful reproduction of a territorial pair. The home
range of a northern spotted owl is relatively large, but varies in size
across the range of the subspecies (Courtney et al. 2004, p. 5-24; 55
FR 26117; June 26, 1990). Home range sizes are largest in Washington
(Olympic Peninsula: 9,231 ac (3,736 ha) (Forsman et al. 2005, pp. 371-
372), and generally decrease along a north-south gradient to
approximately 1,430 ac (580 ha) in the Klamath region of northwestern
California and southern Oregon (Zabel et al. 1995, p. 436). Northern
spotted owl home ranges are generally larger where northern flying
squirrels are the predominant prey and smaller where woodrats are the
predominant prey (Zabel et al. 1995, p. 436). Home range size also
increases with increasing forest fragmentation (Carey et al. 1992, p.
235; Franklin and Guti[eacute]rrez 2002, p. 212; Glenn et al. 2004, p.
45) and decreasing proportions of nesting habitat on the landscape
(Carey et al. 1992, p. 235; Forsman et al. 2005, p. 374), suggesting
that northern spotted owls increase the size of their home ranges to
encompass adequate amounts of suitable forest types (Forsman et al.
2005, p. 374).
Meta-analysis of features associated with occupancy at the
territory-scale indicated that northern spotted owls consistently
occupy areas having larger patches of older forests that were more
numerous and closer together than random sites (Franklin and
Guti[eacute]rrez 2002; p. 212). In the Klamath and Redwood regions owls
also consistently occupy sites with higher forest heterogeneity than
random sites. Occupied sites in the Klamath region, in particular, show
a high degree of vegetative heterogeneity, with more variable patch
sizes and more perimeter edge than in other regions (Franklin and
Guti[eacute]rrez 2002; p. 212). In the Klamath region, ecotones, or
edges between older forests and other seral stages, may contribute to
improved access to prey (Franklin and Guti[eacute]rrez 2002, p. 215).
Several studies in the Klamath region and the Redwood region have found
that variables describing the relationship between habitat core area
and edge length improve the ability of models to predict northern
spotted owl occupancy (e.g., Folliard et al. 2000, pp. 79-81; Zabel et
al 2003, pp. 1936-1938). In contrast, northern spotted owl sites in the
Oregon Coast Range had a more even distribution of cover types than
random locations, and nest stands had a higher ratio of core to edge
and more complex stand shapes than non-nest stands (Courtney et al.
2004, p. 5-9).
A home range provides the habitat components essential for the
survival and successful reproduction of a resident breeding pair of
northern spotted owls. The exact amount, quality, and configuration of
these habitat types required for survival and successful reproduction
varies according to local conditions and factors, such as the degree of
habitat fragmentation, proportion of available nesting habitat, and
primary prey species (Courtney et al. 2004, p. 5-2).
Core Area Requirements--Northern spotted owls often use habitat
within their home ranges disproportionally, and exhibit central-place
foraging behavior (Rosenberg and McKelvey 1999, p. 1028), with much
activity centered within a core area surrounding the nest tree during
the breeding season. During fall and winter, as well as in nonbreeding
years, owls often roost and forage in areas of their home range more
distant from the core. The size of core areas varies considerably
across the subspecies' geographical range following a pattern similar
to that of home range size (Bingham and Noon 1997, p. 133), varying
from over 4,057 ac (1,642 ha) in the northernmost (flying squirrel
prey) provinces (Forsman et al. 2005, pp. 370, 375) to less than 500 ac
(202 ha) in the southernmost (dusky-footed woodrat prey) provinces
(Pious 1995, pp. 9-10, Table 2; Zabel et al. 2003, pp. 1036-1038). Owls
often switch nest trees and use multiple core areas over time, possibly
in response to local prey depletion or loss of a particular nest tree.
Core areas contain greater proportions of mature or old forest than
random or nonuse areas (Courtney et al. 2004, p. 5-13), and the amount
of high-quality habitat at the core area scale shows the strongest
relationships with occupancy (Meyer et al. 1998, p. 34; Zabel et al.
2003, pp. 1027, 1036), survival (Franklin et al. 2000, p. 567; Dugger
et al. 2005, p. 873), and reproductive success (Ripple et al. 1997, pp.
155 to 156; Dugger et al. 2005, p. 871). In some areas, edges between
forest types within northern spotted owl home ranges may provide
increased prey abundance and availability (Franklin et al. 2000, p.
579). For successful reproduction, core areas need to contain one or
more forest stands that have both the structural attributes and the
location relative to other features in the home range that allow them
to fulfill essential nesting, roosting, and foraging functions (Carey
and Peeler 1995, pp. 233-236; Rosenberg and McKelvey 1999, pp. 1035-
1037).
Areas to Support Dispersal and Nonbreeding Owls--Northern spotted
owls regularly disperse through highly fragmented forested landscapes
that are typical of the mountain ranges in western Washington and
Oregon, and have dispersed from the Coastal Mountains to the Cascades
Mountains in the broad forested regions between the Willamette, Umpqua,
and Rogue Valleys of Oregon (Forsman et al. 2002, p. 22). Corridors of
forest through fragmented landscapes serve primarily to support
relatively rapid movement through such areas, rather than colonization
or residency of nonbreeding owls.
During the transience (movement) phase, dispersers used mature and
old-growth forest slightly more than its availability; during the
colonization phase, mature and old-growth forest was
[[Page 71902]]
used at nearly twice its availability (Miller et al. 1997, p. 144).
Closed pole-sapling-sawtimber habitat was used roughly in proportion to
availability in both phases and may represent the minimum condition for
movement. Open sapling and clearcuts were used less than expected based
on availability during colonization (Miller et al. 1997, p. 145). In
comparison, nondispersing subadults or nonbreeding adults that are
residents require habitats that are more similar to the nesting,
roosting, and foraging habitats utilized by breeding pairs. This
suggests that juveniles and transient dispersers either have a less
developed ability to avoid areas where starvation or predation are more
likely, or they can use a greater variety of forested habitats than
nondispersing adults, or both.
We currently do not have sufficient information to permit formal
modeling of dispersal habitat and the influence of dispersal habitat
condition on dispersal success (USFWS 2011, p. C-15). We expect, based
on the studies discussed above, that dispersal success is highest when
dispersers move through forests that have the characteristics of
nesting-roosting and foraging habitats. Northern spotted owls can also
disperse successfully through forests with less complex structure, but
risk of starvation and predation likely increase with increasing
divergence from the characteristics of suitable (nesting, roosting,
foraging) habitat. The suitability of habitat to contribute to
successful dispersal of northern spotted owls is likely related to the
degree to which it ameliorates heat stress, provides abundant and
accessible prey, limits predation risk, and resembles habitat in natal
territories (Carey 1985, pp. 105-107; Buchanan 2004, pp. 1335-1341).
Dispersal habitat is habitat that both juvenile and adult northern
spotted owls must use when looking to establish a new territory.
Although optimal dispersal habitat would be the same as suitable
nesting, roosting, or foraging habitat (mature and old-growth stands),
dispersing owls will use younger forest for dispersal, and the
Interagency Scientific Committee (Thomas et al. 1990) suggested the 50-
11-40 rule for maintaining baseline forest conditions between blocks of
old forest to enhance dispersal. Forests composed of at least 50
percent of trees with 11 inches (in) (28 centimeters (cm)) diameter at
breast height (dbh) or greater, and with roughly a minimum 40 percent
canopy cover, were considered to meet this baseline condition for
northern spotted owl dispersal. Dispersal habitat can occur between
larger blocks of nesting, foraging, and roosting habitat or within
blocks of nesting, roosting, and foraging habitat. Dispersal habitat is
essential to maintaining stable populations by promoting rapid filling
of territorial vacancies when resident northern spotted owls die or
leave their territories, and to providing adequate gene flow across the
range of the species.
Regional Variation in Habitat Use--Differences in patterns of
habitat associations across the range of the northern spotted owl
suggest four different broad zones of habitat use, which we
characterize as the (1) West Cascades/Coast Ranges of Oregon and
Washington, (2) East Cascades, (3) Klamath and Northern California
Interior Coast Ranges, and (4) Redwood Coast (Figure 1. We configured
these zones based on a qualitative assessment of similarity among
ecological conditions and habitat associations within the 11 different
regions analyzed, as these 4 zones efficiently capture the range in
variation of some of the physical or biological features essential to
the conservation of the northern spotted owl. We summarize the physical
or biological features for each of these four zones, emphasizing zone-
specific features that are distinctive within the context of general
patterns that apply across the entire range of the northern spotted
owl.
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West Cascades/Coast Ranges of Oregon and Washington
This zone includes five regions west of the Cascade crest in
Washington and Oregon (Western Cascades North, Central and South; North
Coast Ranges and Olympic Peninsula; and Oregon Coast Ranges; USFWS
2011, p. C-13). Climate in this zone is characterized by high rainfall
and cool to moderate temperatures. Variation in elevation between
valley bottoms and ridges is relatively low in the Coast Ranges,
creating conditions favorable for development of contiguous forests. In
contrast, the Olympic and Cascade ranges have greater topographic
variation with many high-elevation areas supporting permanent
snowfields and glaciers. Douglas-fir and western hemlock dominate
forests used by northern spotted owls in this zone. Root diseases and
wind-throw are important natural disturbance mechanisms that form gaps
in forested areas. Flying squirrels are the dominant prey, with voles
and mice also representing important items in the northern spotted
owl's diet.
Our habitat modeling indicated that vegetation structure had a
dominant influence on owl population performance, with habitat pattern
and topography also contributing. High canopy cover, high density of
large trees, high numbers of subcanopy vegetation layers, and low to
moderate slope positions were all important features.
Nesting habitat in this zone is mostly limited to areas with large
trees with defects such as mistletoe brooms, cavities, or broken tops.
The subset of foraging habitat that is not nesting/roosting habitat
generally had slightly lower values than nesting habitat for canopy
cover, tree size and density, and canopy layering. Prey species
(primarily northern flying squirrel) in this zone are associated with
mature to late-successional forests, resulting in small differences
between nesting, roosting, and foraging habitat.
East Cascades
This zone includes the Eastern Cascades North and Eastern Cascades
South regions (USFWS 2011, p. C-13). This zone is characterized by a
continental climate (cold, snowy winters and dry summers) and a high
frequency of natural disturbances due to fires and outbreaks of forest
insects and pathogens. Flying squirrels are the dominant prey species,
but the diet of northern spotted owls in this zone also includes
relatively large proportions of bushy-tailed woodrats, snowshoe hare,
pika, and mice (Forsman et al. 2001, pp. 144-145).
Our modeling indicates that habitat associations in this zone do
not show a pattern of dominant influence by one or a few variables
(USFWS 2011, Appendix C). Instead, habitat association models for this
zone
[[Page 71904]]
included a large number of variables, each making a relatively modest
contribution (20 percent or less) to the predictive ability of the
model. The features that were most useful in predicting habitat quality
were vegetation structure and composition, and topography, especially
slope position in the north. Other efforts to model habitat
associations in this zone have yielded similar results (e.g., Gaines et
al. 2010, pp. 2048-2050; Loehle et al. 2011, pp. 25-28).
Relative to other portions of the subspecies' range, nesting and
roosting habitat in this zone includes relatively younger and smaller
trees, likely reflecting the common usage of dwarf mistletoe brooms
(dense growths) as nesting platforms (especially in the north). Forest
composition that includes high proportions of Douglas-fir is also
associated with this nesting structure. Additional foraging habitat in
this zone generally resembles nesting and roosting habitat, with
reduced canopy cover and tree size, and reduced canopy layering. High
prey diversity suggests relatively diverse foraging habitats are used.
Topographic position was an important variable, particularly in the
north, possibly reflecting competition from barred owls (Singleton et
al. 2010, pp. 289, 292). Barred owls, which have been present for over
30 years in northern portions of this zone, preferentially occupy
valley-bottom habitats, possibly compelling northern spotted owls to
establish territories on less productive, mid-slope locations
(Singleton et al. 2010, pp. 289, 292).
Klamath and Northern California Interior Coast Ranges
This zone includes the Klamath West, Klamath East, and Interior
California Coast regions (USFWS 2011, p. C-13). This region in
southwestern Oregon and northwestern California is characterized by
very high climatic and vegetative diversity resulting from steep
gradients of elevation, dissected topography, and large differences in
moisture from west to east. Summer temperatures are high, and northern
spotted owls occur at elevations up to 5,800 ft (1,768 m). Western
portions of this zone support a diverse mix of mesic forest communities
interspersed with drier forest types. Forests of mixed conifers and
evergreen hardwoods are typical of the zone. Eastern portions of this
zone have a Mediterranean climate with increased occurrence of
ponderosa pine. Douglas-fir dwarf mistletoe (Arceuthobium douglasii) is
rarely used for nesting platforms in the western part of the northern
spotted owl's range, but is commonly used in the east. The prey base
for northern spotted owls in this zone is correspondingly diverse, but
dominated by dusky-footed woodrats, bushy-tailed woodrats, and flying
squirrels. Northern spotted owls have been well studied in the western
Klamath portion of this zone (Forsman et al. 2004, p. 217), but
relatively little is known about northern spotted owl habitat use in
the eastern portion and the California Interior Coast Range portion of
the zone. Our habitat association models for this zone suggest that
vegetation structure and topographic features are nearly equally
important in influencing owl population performance, particularly in
the Klamath. High canopy cover, high levels of canopy layering, and the
presence of very large dominant trees were all important features of
nesting and roosting habitat. Compared to other zones, additional
foraging habitat for this zone showed greater divergence from nesting
habitat, with much lower canopy cover and tree size. Low to
intermediate slope positions were strongly favored. In the eastern
Klamath, presence of Douglas-fir was an important compositional
variable in our habitat model (USFWS 2011, Appendix C).
Redwood Coast
This zone is confined to the northern California coast, and is
represented by the Redwood Coast region (USFWS 2011, p. C-13). It is
characterized by a maritime climate with moderate temperatures and
generally mesic conditions. Near the coast, frequent fog delivers
consistent moisture during the summer. Terrain is typically low-lying
(0 to 3,000 ft (0 to 900 m)). Forest communities are dominated by
redwood, Douglas-fir-tanoak (Lithocarpus densiflorus) forest, coast
live oak (Quercus agrifolia), and tanoak series. Dusky footed woodrats
are the dominant prey items for northern spotted owls in this zone.
Habitat association models for this zone diverged strongly from
models for other zones. Topographic variables (slope position and
curvature) had a dominant influence with vegetation structure having a
secondary role. Low position on slopes was strongly favored, along with
concave landforms.
Several studies of northern spotted owl habitat relationships
suggest that stump-sprouting and rapid growth of redwood trees,
combined with high availability of woodrats in patchy, intensively
managed forests, enables northern spotted owls to occupy a wide range
of vegetation conditions within the redwood zone. Rapid growth rates
enable young stands to develop structural characteristics typical of
older stands in other regions. Thus, relatively small patches of large
remnant trees can also provide nesting habitat structure in this zone.
Physical or Biological Features and Primary Constituent Elements
Under the Act and its implementing regulations, we are required to
identify the physical or biological features essential to the
conservation of the northern spotted owl in areas occupied at the time
of listing, focusing on the features' primary constituent elements.
Primary constituent elements are those specific elements of the
physical or biological features that provide for a species' life-
history processes and are essential to the conservation of the species.
The physical or biological features essential to the conservation of
the northern spotted owl are forested lands that can be used for
nesting, roosting, foraging, or dispersing. We have further determined
that these physical or biological features may require special
management considerations or protection, as described in the section
Special Management Considerations or Protection, below. For the
northern spotted owl, the primary constituent elements are the specific
characteristics that make areas suitable for nesting, roosting,
foraging and dispersal habitat. To be essential to the conservation of
the northern spotted owl, these features need to be distributed in a
spatial configuration that is conducive to persistence of populations,
survival and reproductive success of resident pairs, and survival of
dispersing individuals until they can recruit into a breeding
population.
Models developed for the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011, Appendix C) to assess habitat suitability for
the northern spotted owl across the range of the species and applied
here to help identify potential critical habitat were based on habitat
conditions within 500-acre (200-ha) core areas. Because core areas
support a mix of nesting, roosting, and foraging habitats, their
characteristics provide a basis for identification and quantification
of PCEs.
Physical or Biological Features by Life-History Function
Each of the essential features--in this case, forested lands that
provide the functional categories of northern spotted owl habitat--
comprises a complex interplay of structural elements, such as tree size
and species, stand density, canopy diversity, and decadence.
[[Page 71905]]
Northern spotted owls have been shown to exhibit strong associations
with specific PCEs; however, the range of combinations of PCEs that may
constitute habitat (particularly foraging habitat) is broad. In
addition, the relative importance of specific habitat elements (and
subsequently their relevance as PCEs) is strongly influenced by
physical factors, such as elevation and slope position, and the degree
to which physical factors influence the role of individual PCEs varies
geographically. In addition to forest type, the key elements of
habitats with the physical or biological features essential for the
conservation of the northern spotted owl may be organized as follows:
Nesting and Roosting Habitat
Nesting and roosting habitat provides structural features for
nesting, protection from adverse weather conditions, and cover to
reduce predation risks for adults and young. Because nesting habitat
provides resources critical for nest site selection and breeding, its
characteristics tend to be conservative; stand structures at nest sites
tend to vary little across the northern spotted owl's range. Nesting
stands typically include a moderate to high canopy cover (60 to over 80
percent); a multilayered, multispecies canopy with large (greater than
30 in (76 cm) dbh) overstory trees; a high incidence of large trees
with various deformities (e.g., large cavities, broken tops, mistletoe
infections, and other evidence of decadence); large snags; large
accumulations of fallen trees and other woody debris on the ground; and
sufficient open space below the canopy for northern spotted owls to fly
(Thomas et al. 1990, p. 164; 57 FR 1798, January 15, 1992). These
findings were recently reinforced in rangewide models developed by
Davis and Dugger (2011, Table 3-1, p. 39), who found that stands used
for nesting (moderate to high suitability) exhibited high canopy cover
of conifers (65 to 89 percent), large trees (mean diameter from 20 to
36 in (51 to 91 cm)), with a forest density of 6 to 19 large trees
(greater than 30 in dbh) per acre (15 to 47 large trees (greater than
76 cm dbh) per hectare), and high diameter diversity.
Recent studies have found that northern spotted owl nest stands
tend to have greater tree basal area, number of canopy layers, density
of broken-top trees, number or basal area of snags, and volume of logs
(Courtney et al. 2004, pp. 5-16 to 5-19, 5-23) than non-nest stands. In
some forest types, northern spotted owls nest in younger forest stands
that contain structural characteristics of older forests (legacy
features from previous stands before disturbance). In the portions of
the northern spotted owl's range where Douglas-fir dwarf mistletoe
occurs, infected trees provide an important source of nesting platforms
(Buchanan et al. 1993, pp. 4-5). Nesting northern spotted owls
consistently occupy stands having a high degree of canopy cover that
may provide thermoregulatory benefits (Weathers et al. 2001, p. 686),
allowing northern spotted owls a wider range of choices for locating
thermally neutral roosts near the nest site. A high degree of canopy
cover may also conceal northern spotted owls, reducing potential
predation. Studies of roosting locations found that northern spotted
owls tended to use stands with greater vertical canopy layering (Mills
et al. 1993, pp. 318-319), canopy cover (King 1993, p. 45), snag
diameter (Mills et al. 1993, pp. 318-319), diameter of large trees
(Herter et al. 2002, pp. 437, 441), and amounts of large woody debris
(Chow 2001, p. 24; reviewed in Courtney et al. 2004, pp. 5-14 to 5-16,
5-23). Northern spotted owls use the same habitat for both nesting and
roosting; the characteristics of roosting habitat differ from those of
nesting habitat only in that roosting habitat need not contain the
specific structural features used for nesting (Thomas et al. 1990, p.
62). Aside from the presence of the nest structure, nesting and
roosting habitat are generally inseparable.
Habitat modeling developed for the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011, Appendix C) and used as one means of
helping us identify potential critical habitat for the northern spotted
owl supports previous descriptions of nesting habitat (57 FR 1796,
January 15, 1992; 73 FR 47326, August 13, 2008), and suggests a high
degree of similarity among the 11 ecological regions across the range
of the species. Across regions, moderate to high suitability nesting
habitat was characterized as having high canopy cover (65 to over 80
percent) and high basal area (240 ft\2\/ac; (55 m\2\/ha), mean dbh of
conifers at least 16.5 to 24 in (42 to 60 cm), and a significant
component of larger trees (greater than 30 in (75 cm)).
Foraging Habitat
Habitats used for foraging by northern spotted owls vary widely
across the northern spotted owl's range, in accordance with ecological
conditions and disturbance regimes that influence vegetation structure
and prey species distributions. In general, northern spotted owls
select old forests for foraging in greater proportion than their
availability at the landscape scale (Carey et al. 1992, pp. 236-237;
Carey and Peeler 1995, p. 235; Forsman et al. 2005, pp. 372-373), but
will forage in younger stands and brushy openings with high prey
densities and access to prey (Carey et al. 1992, p. 247; Rosenberg and
Anthony 1992, p. 165; Thome et al. 1999, pp. 56-57; Irwin et al. 2012,
pp. 208-210). Throughout much of the owl's range, the same habitat that
provides for nesting and roosting also provides for foraging, although
northern spotted owls have greater flexibility in utilizing a variety
of habitats for foraging than they do for nesting and roosting. That
is, habitats that meet the species' needs for nesting and roosting
generally also provide for foraging (and dispersal) requirements of the
owl. However, in some areas owls may use other types of habitats for
foraging, in addition to those used for nesting and roosting; thus,
habitat that supports foraging (or dispersal) does not always support
the other PCEs, and does not necessarily provide for nesting or
roosting. Variation in the potential use of various foraging habitats
throughout the range of the northern spotted owl is described here.
West Cascades/Coast Ranges of Oregon and Washington
In the West Cascades/Coast Ranges of Oregon and Washington, high-
quality foraging habitat is also nesting/roosting habitat. Foraging
activity is positively associated with tree height diversity (North et
al. 1999, p. 524), canopy cover (Irwin et al. 2000, p. 180; Courtney et
al. 2004, p. 5-15), snag volume, density of snags greater than 20 in
(50 cm) dbh (North et al. 1999, p. 524; Irwin et al. 2000, pp. 179-180;
Courtney et al. 2004, p. 5-15), density of trees greater than or equal
to 31 in (80 cm) dbh (North et al. 1999, p. 524) density of trees 20 to
31 in (51 to 80 cm) dbh (Irwin et al. 2000, pp. 179-180), and volume of
woody debris (Irwin et al. 2000, pp. 179-180).
While the majority of studies reported strong associations with
old-forest characteristics, younger forests with some structural
characteristics (legacy features) of old forests (Carey et al. 1992,
pp. 245 to 247; Irwin et al. 2000, pp. 178 to 179), hardwood forest
patches, and edges between old forest and hardwoods (Glenn et al. 2004,
pp. 47-48) are also used by foraging northern spotted owls.
East Cascades
Foraging habitats used by northern spotted owls in the East
Cascades of Oregon, Washington, and California were similar to those
used in the Western Cascades, but can also encompass forest stands that
exhibit
[[Page 71906]]
somewhat lower mean tree sizes (quadratic mean diameter 16 to 22 in (40
to 55 cm) (Irwin et al. 2012, p. 207). However, foraging activity was
still positively associated with densities of large trees (greater than
26 in (66 cm)) and increasing basal area (Irwin et al. 2012, p. 206).
Stands dominated by Douglas-fir and white fir/Douglas-fir, or grand
fir/Douglas-fir were preferred in some regions, whereas stands
dominated by ponderosa pine were generally avoided (Irwin et al. 2012,
p. 207).
Klamath and Northern California Interior Coast Ranges
Because diets of northern spotted owls in the Klamath and Northern
California Interior Coast Ranges consist predominantly of both northern
flying squirrels and dusky-footed woodrats, habitats used for foraging
northern spotted owls are much more variable than in northern portions
of the species' range. As in other regions, foraging northern spotted
owls select stands with mature and old-forest characteristics such as
increasing mean stand diameter and densities of trees greater than 26
in (66 cm) dbh (Irwin et al. 2012, p. 206) and a dominant canopy of
large conifer trees greater than 21 in (52.5 cm) dbh (Solis and
Gutierrez 1990, p. 747), high canopy cover (87 percent at frequently
used sites; Solis and Gutierrez 1990, p. 747, Table 3), and multiple
canopy layers (Solis and Gutierrez 1990, pp. 744-747; Anthony and
Wagner 1999, pp. 14, 17). However, other habitat elements are
disproportionately used, particularly forest patches within riparian
zones of low-order streams (Solis and Gutierrez 1990, p. 747; Irwin et
al. 2012, p. 208) and edges between conifer and hardwood forest stands
(Zabel et al. 1995, pp. 436-437; Ward et al. 1998, pp. 86, 88-89).
Foraging use is positively influenced by conifer species, including
incense-cedar (Calocedrus decurrens), sugar pine (P. lambertiana),
Douglas-fir, and hardwoods such as bigleaf maple (Acer macrophyllum),
California black oak (Q. kelloggii), live oaks, and Pacific madrone
(Arbutus menziesii) as well as shrubs (Sisco 1990, p. 20; Irwin et al.
2012, pp. 206-207, 209-210), presumably because they produce mast
important for prey species. Within a mosaic of mature and older forest
habitat, brushy openings and dense young stands or low-density forest
patches also receive some use (Sisco 1990, pp. 9, 12, 14, 16; Zabel et
al. 1993, p. 19; Irwin et al. 2012, pp. 209-210).
Redwood Coast
The preponderance of information regarding habitats used for
foraging by northern spotted owls in the Redwood Coast zone comes from
intensively managed industrial forests. In these environments, which
comprise the majority of the redwood region, interspersion of foraging
habitat and prey-producing habitat appears to be an important element
of habitat suitability. Foraging habitat is used by owls to access prey
and is characterized by a wide range of tree sizes and ages. Foraging
activity by owls is positively associated with density of small to
medium sized trees (10 to 22 in (25 to 56 cm)) and trees greater than
26 in (66 cm) in diameter (Irwin et al. 2007b, p. 19) or greater than
41 years of age (MacDonald et al. 2006, p. 381). Foraging was also
positively associated with hardwood species, particularly tanoak
(MacDonald et al. 2006, pp. 380-382; Irwin et al. 2007a, pp. 1188-
1189). Prey-producing habitats occur within early-seral habitats 6 to
20 years old (Hamm and Diller 2009, p. 100, Table 2), typically
resulting from clearcuts or other intensive harvest methods. Habitat
elements within these openings include dense shrub and hardwood cover,
and woody debris.
Nonbreeding and Dispersal Habitat
Although the term ``dispersal'' frequently refers to post-fledgling
movements of juveniles, for the purposes of this rule we are using the
term to include all movement during both the transience and
colonization phase, and to encompass important concepts of linkage and
connectivity among owl subpopulations. Population growth can only occur
if there is adequate habitat in an appropriate configuration to allow
for the dispersal of owls across the landscape. Although habitat that
allows for dispersal may currently be marginal or unsuitable for
nesting, roosting, or foraging, it provides an important linkage
function among blocks of nesting habitat both locally and over the
owl's range that is essential to its conservation. However, as noted
above, we expect dispersal success is highest when dispersers move
through forests that have the characteristics of nesting-roosting and
foraging habitats. Although northern spotted owls may be able to move
through forests with less complex structure, survivorship is likely
decreased. Dispersal habitat, at a minimum, consists of stands with
adequate tree size and canopy cover to provide protection from avian
predators and at least minimal foraging opportunities; there may be
variations over the owl's range (e.g., drier site in the east Cascades
or northern California). This may include younger and less diverse
forest stands than foraging habitat, such as even-aged, pole-sized
stands, but such stands should contain some roosting structures and
foraging habitat to allow for temporary resting and feeding during the
transience phase.
Habitat supporting nonbreeding northern spotted owls, or the
colonization phase of dispersal, is generally equivalent to nesting,
roosting, and foraging habitat and is described above, although it may
be in smaller amounts than that needed to support nesting pairs.
Primary Constituent Elements for the Northern Spotted Owl
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the species'
life-history processes, we determine that the primary constituent
elements specific to the northern spotted owl are as follows; note that
PCE 1 must occur in concert with PCE 2, 3, or 4:
(1) Forest types that may be in early-, mid-, or late-seral stages
and that support the northern spotted owl across its geographical
range; these forest types are primarily:
(a) Sitka spruce,
(b) Western hemlock,
(c) Mixed conifer and mixed evergreen,
(d) Grand fir,
(e) Pacific silver fir,
(f) Douglas-fir,
(g) White fir,
(h) Shasta red fir,
(i) Redwood/Douglas-fir (in coastal California and southwestern
Oregon), and
(j) The moist end of the ponderosa pine coniferous forests zones at
elevations up to approximately 3,000 ft (900 m) near the northern edge
of the range and up to approximately 6,000 ft (1,800 m) at the southern
edge.
(2) Habitat that provides for nesting and roosting. In many cases
the same habitat also provides for foraging (PCE (3)). Nesting and
roosting habitat provides structural features for nesting, protection
from adverse weather conditions, and cover to reduce predation risks
for adults and young. This PCE is found throughout the geographical
range of the northern spotted owl, because stand structures at nest
sites tend to vary little across the northern spotted owl's range.
These habitats must provide:
(a) Sufficient foraging habitat to meet the home range needs of
territorial pairs
[[Page 71907]]
of northern spotted owls throughout the year.
(b) Stands for nesting and roosting that are generally
characterized by:
(i) Moderate to high canopy cover (60 to over 80 percent);
(ii) Multilayered, multispecies canopies with large (20-30 in (51-
76 cm) or greater dbh) overstory trees;
(iii) High basal area (greater than 240 ft\2\/ac (55 m\2\/ha));
(iv) High diversity of different diameters of trees;
(v) High incidence of large live trees with various deformities
(e.g., large cavities, broken tops, mistletoe infections, and other
evidence of decadence);
(vi) Large snags and large accumulations of fallen trees and other
woody debris on the ground; and
(vii) Sufficient open space below the canopy for northern spotted
owls to fly.
(3) Habitat that provides for foraging, which varies widely across
the northern spotted owl's range, in accordance with ecological
conditions and disturbance regimes that influence vegetation structure
and prey species distributions. Across most of the owl's range, nesting
and roosting habitat is also foraging habitat, but in some regions
northern spotted owls may additionally use other habitat types for
foraging as well. The foraging habitat PCEs for the four ecological
zones within the geographical range of the northern spotted owl are
generally the following:
(a) West Cascades/Coast Ranges of Oregon and Washington
(i) Stands of nesting and roosting habitat; additionally, owls may
use younger forests with some structural characteristics (legacy
features) of old forests, hardwood forest patches, and edges between
old forest and hardwoods;
(ii) Moderate to high canopy cover (60 to over 80 percent);
(iii) A diversity of tree diameters and heights;
(iv) Increasing density of trees greater than or equal to 31 in (80
cm) dbh increases foraging habitat quality (especially above 12 trees
per ac (30 trees per ha));
(v) Increasing density of trees 20 to 31 in (51 to 80 cm) dbh
increases foraging habitat quality (especially above 24 trees per ac
(60 trees per ha));
(vi) Increasing snag basal area, snag volume (the product of snag
diameter, height, estimated top diameter, and including a taper
function (North et al. 1999, p. 523)), and density of snags greater
than 20 in (50 cm) dbh all contribute to increasing foraging habitat
quality, especially above 4 snags per ac (10 snags per ha);
(vii) Large accumulations of fallen trees and other woody debris on
the ground; and
(viii) Sufficient open space below the canopy for northern spotted
owls to fly.
(b) East Cascades
(i) Stands of nesting and roosting habitat;
(ii) Stands composed of Douglas-fir and white fir/Douglas-fir mix;
(iii) Mean tree size greater than 16.5 in (42 cm) quadratic mean
diameter;
(iv) Increasing density of large trees (greater than 26 in (66 cm))
and increasing basal area (the total area covered by trees measured at
breast height) increases foraging habitat quality;
(v) Large accumulations of fallen trees and other woody debris on
the ground; and
(vi) Sufficient open space below the canopy for northern spotted
owls to fly.
(c) Klamath and Northern California Interior Coast Ranges
(i) Stands of nesting and roosting habitat; in addition, other
forest types with mature and old-forest characteristics;
(ii) Presence of the conifer species, incense-cedar, sugar pine,
Douglas-fir, and hardwood species such as bigleaf maple, black oak,
live oaks, and madrone, as well as shrubs;
(iii) Forest patches within riparian zones of low-order streams and
edges between conifer and hardwood forest stands;
(iv) Brushy openings and dense young stands or low-density forest
patches within a mosaic of mature and older forest habitat;
(v) High canopy cover (87 percent at frequently used sites);
(vi) Multiple canopy layers;
(vii) Mean stand diameter greater than 21 in (52.5 cm);
(viii) Increasing mean stand diameter and densities of trees
greater than 26 in (66 cm) increases foraging habitat quality;
(ix) Large accumulations of fallen trees and other woody debris on
the ground; and
(x) Sufficient open space below the canopy for northern spotted
owls to fly.
(d) Redwood Coast
(i) Nesting and roosting habitat; in addition, stands composed of
hardwood tree species, particularly tanoak;
(ii) Early-seral habitats 6 to 20 years old with dense shrub and
hardwood cover and abundant woody debris; these habitats produce prey,
and must occur in conjunction with nesting, roosting, or foraging
habitat;
(iii) Increasing density of small-to-medium sized trees (10 to 22
in (25 to 56 cm)) increases foraging habitat quality;
(iv) Trees greater than 26 in (66 cm) in diameter or greater than
41 years of age; and
(v) Sufficient open space below the canopy for northern spotted
owls to fly.
(4) Habitat to support the transience and colonization phases of
dispersal, which in all cases would optimally be composed of nesting,
roosting, or foraging habitat (PCEs (2) or (3)), but which may also be
composed of other forest types that occur between larger blocks of
nesting, roosting, and foraging habitat. In cases where nesting,
roosting, or foraging habitats are insufficient to provide for
dispersing or nonbreeding owls, the specific dispersal habitat PCEs for
the northern spotted owl may be provided by the following:
(a) Habitat supporting the transience phase of dispersal, which
includes:
(i) Stands with adequate tree size and canopy cover to provide
protection from avian predators and minimal foraging opportunities; in
general this may include, but is not limited to, trees with at least 11
in (28 cm) dbh and a minimum 40 percent canopy cover; and
(ii) Younger and less diverse forest stands than foraging habitat,
such as even-aged, pole-sized stands, if such stands contain some
roosting structures and foraging habitat to allow for temporary resting
and feeding during the transience phase.
(b) Habitat supporting the colonization phase of dispersal, which
is generally equivalent to nesting, roosting, and foraging habitat as
described in PCEs (2) and (3), but may be smaller in area than that
needed to support nesting pairs.
This revised designation describes the physical or biological
features and their primary constituent elements essential to support
the life-history functions of the northern spotted owl. We have
determined that all of the units and subunits designated in this rule
were occupied by the northern spotted owl at the time of listing, and
that (depending on the scale at which occupancy is considered) some
smaller areas within the subunits may have been unoccupied at the time
of listing. To address any uncertainty regarding occupancy, we have
also evaluated all of the areas identified here as critical habitat
under the standard of section 3(5)(a)(ii) of the Act, and determined
that they are essential to the conservation of the species, as
described in Criteria Used to Identify Critical Habitat, below. The
criteria section also describes our evaluation of the configuration of
the
[[Page 71908]]
physical or biological features on the landscape to determine where
those features are essential to the conservation of the northern
spotted owl. We have further determined that the physical or biological
features essential to the conservation of the northern spotted owl
require special management considerations or protection, as described
below.
In areas occupied at the time of listing, not all of the revised
critical habitat will contain all of the PCEs, because not all life-
history functions require all of the PCEs. Some subunits contain all
PCEs and support multiple life processes, while some subunits may
contain only those PCEs necessary to support the species' particular
use of that habitat. However, all of the areas occupied at the time of
listing and designated as critical habitat support at least the first
PCE described (forest-type), in conjunction with at least one other
PCE. Thus PCE (1) must always occur in concert with at least one
additional PCE (PCE 2, 3, or 4).
Special Management Considerations or Protection
When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain features that are essential to the conservation of
the species and which may require special management considerations or
protection. The term critical habitat is defined in section 3(5)(A) of
the Act, in part, as the specific areas within the geographical areas
occupied by the species, at the time it is listed, on which are found
those physical or biological features essential to the conservation of
the species and ``which may require special management considerations
or protection.'' Accordingly, in identifying critical habitat in areas
occupied at the time of listing, we determine whether the features
essential to the conservation of the species on those areas may require
any special management actions or protection. Here we present a
discussion of the special management considerations or protections that
may be required throughout the critical habitat for the northern
spotted owl. In addition, for the benefit of land managers, we provide
management suggestions consistent with the recommendations of the
Revised Recovery Plan for consideration.
An effective critical habitat strategy needs to conserve extant,
high-quality northern spotted owl habitat in order to reverse declining
population trends and address the threat from barred owls. The northern
spotted owl was initially listed as a threatened species due largely to
both historical and ongoing habitat loss and degradation. The recovery
of the northern spotted owl therefore requires both protection of
habitat and management where necessary to provide sufficient high-
quality habitat to allow for population growth and to provide a buffer
against threats such as competition with the barred owl. Recovery
Criterion 3 in the Revised Recovery Plan for the Northern Spotted Owl
(USFWS 2011) is the ``Continued Maintenance and Recruitment of Northern
Spotted Owl Habitat,'' which is further described as the achievement of
a stable or increasing trend in northern spotted owl nesting, roosting,
and foraging habitat throughout the range of the species. Meeting this
recovery criterion will require special management considerations or
protection of the physical or biological features essential to the
conservation of the northern spotted owl in all of the critical habitat
units and subunits, as described here. Special management includes both
passive and active management.
The 2011 Revised Recovery Plan for the Northern Spotted Owl
describes the three main threats to the northern spotted owl as
competition from barred owls, past habitat loss, and current habitat
loss (USFWS 2011, p. III-42). As the barred owl is present throughout
the range of the northern spotted owl, special management
considerations or protections may be required in all of the critical
habitat units and subunits to ensure the northern spotted owl has
sufficient habitat available to withstand competitive pressure from the
barred owl (Dugger et al. 2011, pp. 2459, 2467). In particular, studies
by Dugger et al. (2011, p. 2459) and Wiens (2012, entire) indicated
that northern spotted owl demographic performance is better when
additional high-quality habitat is available in areas where barred owls
are present.
Scientific peer reviewers of the 2011 Revised Recovery Plan for the
Northern Spotted Owl (USFSW 2011, entire) and Forsman et al. (2011, p.
77) recommended that we address currently observed downward demographic
trends in northern spotted owl populations by protecting currently
occupied sites, as well as historically occupied sites, and by
maintaining and restoring older and more structurally complex
multilayered conifer forests on all lands (USFWS 2011, pp. III-42 to
III-43). The types of management or protections that may be required to
achieve these goals and maintain the physical or biological features
essential to the conservation of the owl in occupied areas vary across
the range of the species. Some areas of northern spotted owl habitat,
particularly in wetter forest types, are unlikely to be enhanced by
active management activities, but instead need protection of the
essential features; whereas other forest areas would likely benefit
from more proactive forestry management. For example, in drier, more
fire-prone regions of the owl's range, habitat conditions will likely
be more dynamic, and more active management may be required to reduce
the risk to the essential physical or biological features from fire,
insects, disease, and climate change, as well as to promote
regeneration following disturbance.
While we recommend conservation of high-quality and occupied
northern spotted owl habitat, long-term northern spotted owl recovery
could benefit from forest management where the basic goals are to
restore or maintain ecological processes and resilience, as discussed
in detail in the Revised Recovery Plan (USFWS 2011, pp. III-11 to III-
39). Special management considerations or protections may be required
throughout the critical habitat to achieve these goals and benefit the
conservation of the owl. The natural ecological processes and landscape
that once provided large areas of relatively contiguous northern
spotted owl habitat (especially on the west side of the Cascade Range)
have been altered by a history of anthropogenic activities, such as
timber harvest, road construction, development, agricultural
conversion, and fire suppression. The resilience of these systems is
now additionally challenged by the effects of climate change. As
recommended in the Revised Recovery Plan for the Northern Spotted Owl,
active forest management may be required throughout the range of the
owl with the goal of maintaining or restoring forest ecosystem
structure, composition, and processes so they are sustainable and
resilient under current and future climate conditions, to provide for
the long-term conservation of the species (USFWS 2011, p. III-13). For
example, in some areas, past management practices have decreased age-
class diversity and altered the structure of forest patches; in these
areas, management, such as targeted vegetation treatments, could
simultaneously reduce fuel loads and increase canopy and age-class
diversity (Miller et al. 2009, p. 30; Stephens et al. 2009, p. 316-318;
Stephens et al. 2012b, p. 554; Fontaine and Kennedy 2012, p. 1559;
Chmura et al. 2011, p. 1134; USFWS 2011, p. III-18).
In moist forests that are currently providing mature and late-
successional
[[Page 71909]]
forest that functions as habitat for northern spotted owls, active
management is generally unnecessary to conserve older growth forests
(Johnson and Franklin 2009, p. 3). Within younger, homogeneous stands,
active management that retains larger and older trees but reduces
density of smaller trees may be useful to accelerate development of
within-stand structural diversity. Management insights, such as those
provided by Aubry et al. (2009, entire), Johnson and Franklin (2009,
entire), Johnson and Franklin (2012 entire), Kerr 2012, entire), and
Spies et al. (2010, entire), provide examples of how such actions could
occur in a manner consistent with northern spotted owl conservation in
moist forests.
In dry forest regions, where natural disturbance regimes and
vegetation structure, composition, and distribution have been
substantially altered since Euro-American settlement, vegetation and
fuels management (through influencing fire behavior, severity, and
distribution) may be required to retain and recruit northern spotted
owl habitat on the landscape (Buchanan 2009, pp. 114-115; Healey et al.
2008, pp. 1117-1118; Roloff et al. 2012, pp. 8-9; Ager et al. 2007, pp.
53-55; Ager et al. 2012, pp. 279-282; Franklin et al. 2009, p. 46;
Kennedy and Wimberly 2009, pp. 564-565), to conserve other biodiversity
(Perry et al. 2011, p. 715), and to restore more natural vegetation and
disturbance regimes and heterogeneity (e.g., Stephens et al. 2012b, pp.
557-558). Special management considerations may be required to maintain
adequate northern spotted owl habitat in the near term, not only to
allow northern spotted owls to persist in the face of threats from
barred owl expansion and habitat modifications from fire and other
disturbances, but also to restore landscapes to a more resilient state
in the face of alterations projected to occur with ongoing climate
change (USFWS 2011, p. III-32).
If land managers are actively managing forests, we recommend that
these activities be focused on lower quality owl habitat (lower
relative habitat sustainability (RHS)); that these activities focus on
ecological restoration, or apply principles of ecological forestry;
and, where possible, evaluate the effects of these treatments on
northern spotted owls and other species of concern using an active
adaptive forest management framework.
We recognize that the only regulatory effect of the designation of
critical habitat is that section 7(a)(2) of the Act applies, and that
it does not require active management or mandate any specific type of
management; it only requires that Federal agencies ensure that their
actions are not likely to destroy or adversely modify critical habitat,
as those terms are used in section 7. However, because the Act requires
us to make a determination that the physical and biological features
essential to conservation of the species may also need special
management considerations or protection, we are taking this opportunity
to describe, for consideration by land managers, specific management
approaches and types of forest where land managers should consider
applying them in order to maintain sufficient suitable habitat across
the range of the owl. We have determined that the physical and
biological features in habitat occupied by the species at the time it
was listed, as represented by the primary constituent elements, may
require special management considerations or protection as required by
16 U.S.C. 1532(5)(A). However, nothing in this rule requires land
managers to implement, or precludes land managers from implementing,
special management or protection measures.
Because these will vary geographically, here we provide a more
detailed discussion of the types of management considerations or
protections that may be required to preserve or enhance the essential
physical or biological features for the northern spotted owl in the
West Cascades/Coast Ranges of Oregon and Washington, East Cascades,
Klamath and Northern California Interior Coast Ranges, and the Redwood
Coast.
West Cascades/Coast Ranges of Oregon and Washington
Special management considerations or protection may be required in
areas of moist forests to conserve or protect older stands that contain
the conditions to support northern spotted owl occupancy (RA10: USFWS
2011, p. 43) or contain high-value northern spotted owl habitat (RA32:
USFWS 2011, p. 67). Silvicultural treatments are generally not needed
to maintain existing old-growth forests and high-quality habitat on
moist sites (Wimberly et al. 2004, p. 155; Johnson and Franklin 2009,
pp. 3, 39). In contrast to dry forests, short-term fire risk is
generally lower in the moist forests that not only dominate on the west
side of the Cascade Range, but also occur east of the Cascades as a
higher-elevation band or as peninsulas or inclusions in mesic forests.
Disturbance-based management for forests and northern spotted owls in
moist forest areas should be different from that applied in dry
forests. Efforts to alter either fuel loading or potential fire
behavior in these sites could have undesirable ecological consequences
as well (Johnson and Franklin 2009, p. 39; Mitchell et al. 2009, pp.
653-654; USFWS 2011, p. III-17). Furthermore, commercial thinning has
been shown to have negative consequences for northern spotted owls
(Forsman et al. 1984, Meiman et al. 2003) and their prey (Waters et al.
1994, Luoma et al. 2003, Wilson 2010). Active management may be more
appropriate in younger plantations that are not currently on a
trajectory to develop old-growth structure. These stands typically do
not provide high-quality northern spotted owl habitat, although they
may occasionally be used for foraging and dispersal.
In general, to advance long-term northern spotted owl recovery and
ecosystem restoration in moist forests in the face of climate change
and past management practices, special management considerations or
protections may be required that follow these principles as recommended
in the 2011 Revised Recovery Plan (USFWS 2011, p. III-18):
(1) Conserve older stands that contain the conditions to support
northern spotted owl occupancy or high-value northern spotted owl
habitat as described in Recovery Actions 10 and 32 (USFWS 2011, pp.
III-43, III-67). On Federal lands this recommendation applies to all
land-use allocations (see also Thomas et al. 2006, pp. 284-285).
(2) Management emphasis needs to be placed on meeting northern
spotted owl recovery goals and long-term ecosystem restoration and
conservation. When there is a conflict between these goals, actions
that would disturb or remove the essential physical or biological
features of northern spotted owl critical habitat need to be minimized
and reconciled with long-term ecosystem restoration goals.
(3) Continue to manage for large, continuous blocks of late-
successional forest.
(4) In areas that are not currently late-seral forest or high-value
habitat and where more traditional forest management might be conducted
(e.g. matrix), these activities should consider applying ecological
forestry prescriptions. Some examples that could be utilized include
Franklin et al. (2002, pp. 417-421; 2007, entire), Kerr (2012), Drever
et al. (2006, entire), Johnson and Franklin (2009, pp. 39-41), Swanson
et al. (2010, entire), and others cited in the Revised Recovery Plan
for the Northern Spotted Owl (USFWS 2011, pp. III-14, III-17 to III-
19).
[[Page 71910]]
These special management considerations or protections apply to
Units 1, 2, 4, 5 and 6 of the revised critical habitat.
East Cascades
Special management considerations or protection may be required in
the East Cascades to address the effects of past activities associated
with Euro-American settlement, such as timber harvest, livestock
grazing, fire suppression, and fire exclusion, that have substantially
altered the inland northwest, modifying the patterns of vegetation and
fuels, and subsequent disturbance regimes to the degree that
contemporary landscapes no longer function as they did historically
(Hessburg et al. 2000a, pp. 74-81; Hessburg and Agee 2003, pp. 44-46;
Hessburg et al. 2005, pp. 134-135; Skinner et al. 2006, pp. 178-179;
Skinner and Taylor 2006, pp. 201-203; Miller et al. 2009, p. 30;
Stephens et al. 2009, pp. 316-318; Stephens et al. 2012b, p. 554;
Fontaine and Kennedy 2012, p. 1559; Chmura et al. 2011, p. 1134). This
has affected not only the existing forest and disturbance regimes, but
the quality, amount, and distribution of northern spotted owl habitat
on the landscape (Buchanan 2009, pp. 114-115; Healey et al. 2008, pp.
1117-1118; Roloff et al. 2012, pp. 8-9; Ager et al. 2007, pp. 53-55;
Ager et al. 2012, pp. 279-282; Franklin et al. 2009, p. 46; Kennedy and
Wimberly 2009, pp. 564-565). In order to preserve the essential
physical or biological features, these dynamic, disturbance-prone
forests should be managed in a way that promotes northern spotted owl
conservation, responds to climate change, and restores dry forest
ecological structure, composition and processes, including wildfire and
other disturbances (USFWS 2011, p. III-20). The following restoration
principles apply to the management that may be required in this dry
forest region (USFWS 2011, pp. III-34 to III-35):
(1) Conserve older stands that contain the conditions to support
northern spotted owl occupancy or high-value northern spotted owl
habitat as described in Recovery Actions 10 and 32 (USFWS 2011, pp.
III-43, III-67). On Federal lands this recommendation applies to all
land-use allocations (see also Thomas et al. 2006, pp. 284-285).
(2) Emphasize vegetation management treatments outside of northern
spotted owl territories or highly suitable habitat;
(3) Design and implement restoration treatments at the landscape
level;
(4) Retain and restore key structural components, including large
and old trees, large snags, and downed logs;
(5) Retain and restore heterogeneity within stands;
(6) Retain and restore heterogeneity among stands;
(7) Manage roads to address fire risk; and
(8) Consider vegetation management objectives when managing
wildfires, where appropriate.
The above principles will result in treatments that have a variety
of effects on northern spotted owl habitat in the short and long term.
For example, some restoration treatments may have an immediate neutral
or beneficial effect on existing northern spotted owl habitat (e.g.,
roads management, some prescribed fire prescriptions). Other
treatments, however, may involve reductions in stand densities, canopy
cover, or ladder fuels (understory vegetation that has the potential to
carry up into a crown fire)--and thus affect the physical or biological
features needed by the species. At the stand scale, this can result in
a level of conflict between conserving existing northern spotted owl
habitat and restoring dry-forest ecosystems. Resolution of such
conflicts can be enhanced by considering the range of forest conditions
that comprise suitable owl habitat and tailoring management
accordingly.
Land managers should change from the practice of implementing many
small, uncoordinated and independent fuel-reduction and restoration
treatments. Instead, coordinated and strategic efforts that link
individual projects to the larger objectives of restoring landscapes
while conserving and recovering northern spotted owl habitat are needed
(sensu Sisk et al. 2005, entire; Prather et al. 2008, entire; Gaines et
al. 2010, entire). Some examples of this type of planning in the east
Cascades that may be emulated or referenced include the Okanagon-
Wenatchee National Forest (USDA 2010, entire), The Nature Conservancy
(Davis et al. 2012, entire), and the Deschutes National Forest (Smith
et al. 2011, entire).
The special management considerations or protections identified
here apply to Units 7 and 8 of the revised critical habitat.
Klamath and Northern California Interior Coast Ranges
The special management considerations or protections that may be
required in the Klamath and Northern California Interior Coast Ranges
represent a mix of the requirements needed to maintain or enhance the
essential physical or biological features in mesic and dry forest
types. This region in southwestern Oregon and northwestern California
is characterized by very high climatic and vegetative diversity
resulting from steep gradients of elevation, dissected topography, and
large differences in moisture from west to east. Summer temperatures
are high, and northern spotted owls occur at elevations up to 1,768 m
(5,800 ft). Western portions of this zone support a diverse mix of
mesic forest communities interspersed with drier forest types. Forests
of mixed conifers and evergreen hardwoods are typical of the zone.
Eastern portions of this zone have a Mediterranean climate with
increased occurrence of ponderosa pine. Douglas-fir dwarf mistletoe is
rarely used for nesting platforms in the west, but commonly used in the
east. The prey base for northern spotted owls in this zone is
correspondingly diverse, but is dominated by dusky-footed woodrats,
bushy-tailed woodrats, and flying squirrels. Northern spotted owls have
been well studied in the western portion of this zone (Forsman et al.
2005, p. 219), but relatively little is known about northern spotted
owl habitat use in the eastern portion and the California Interior
Coast Range portion of the zone.
High canopy cover, high levels of canopy layering, and the presence
of very large dominant trees were all important features of nesting and
roosting habitat. Compared to other zones, models of foraging habitat
for this zone showed greater divergence from nesting habitat. Low to
intermediate slope positions were strongly favored. In the eastern
Klamath, presence of Douglas-fir was an important compositional
variable. Habitat associations in the Klamath zone are diverse and
unique, reflecting the climate, topography, and vegetation of this
area. Nesting and roosting habitat somewhat resembles that of other
zones, with a greater emphasis on topography that provides some relief
from high temperatures while foraging habitat in this zone includes
more open forests. Consequently, management actions consistent with
maintaining and developing northern spotted owl habitat need to
consider local conditions. In some areas, appropriate management will
be more consistent with dry forest management strategies, while in
other areas wet forest management strategies will be more appropriate.
This region contains habitat characteristics of both moist and dry
forests interspersed across a highly diverse landscape (Halofsky et al.
2011, p. 1). The special management recommendations from the moist and
dry forest sections, above, apply to the
[[Page 71911]]
management actions or protections that may be required in the Klamath
and Northern California Interior Coast Ranges. Similar to the
discussion in moist forests concerning conservation of small patches of
early-seral habitat, Perry et al. (2011, p. 715) noted that replacement
of early successional shrub-hardwood communities by closed forests in
the absence of fire significantly impacts landscape diversity.
Restoration of appropriate fire regimes and use of targeted
silvicultural intervention may be effective where the goal is to
restore or maintain this diversity (Halofsky et al. 2011, p. 15). An
example of this type of planning in this area that may be emulated or
referenced is the Ashland Forest Resiliency Project (USDA 2009,
entire).
The special management considerations or protections identified
here apply to Units 9, 10, and 11 of the revised critical habitat.
Redwood Coast
Special management considerations or protection may be needed in
the Redwood Coast Zone to maintain or enhance the essential physical or
biological features for the owl. Although the Redwood Coast zone of
coastal northern California is considered part of the wet/moist forest
region within the range of the northern spotted owl, there are distinct
differences in northern spotted owl habitat use and diet within this
zone. The long growing season in this region, combined with redwood's
ability to resprout from stumps, allows redwood stands to attain
suitable stand structure for nesting in a relatively short period of
time (40-60 years) if legacy structures are present. Late-successional
forest is an important component of nesting and roosting habitat in the
Redwood Zone, and demographic productivity on northern spotted owl
breeding sites has been positively correlated with the density of
legacy trees in proximity to owl nest sites (Thome et al. 1999, p. 57).
Forest management in this region should conserve older stands that
contain the conditions to support northern spotted owl occupancy or
high-value northern spotted owl habitat as described in Recovery
Actions 10 and 32 (USFWS 2011, pp. III-43, III-67). On Federal lands
this recommendation applies to all land-use allocations (see also
Thomas et al. 2006, pp. 284-285). In this region, some degree of fine-
scale fragmentation in redwood forests appears to benefit northern
spotted owls. Forest openings aged 5 to 20 years (e.g., harvest units
or burns), with dense shrub and hardwood cover, and abundant food
sources, can provide high-quality habitat for the northern spotted
owl's primary prey, the dusky-footed woodrat. Woodrat populations
within recent openings probably peak by about stand age 10. Food
sources and understory cover decline steadily through about stand age
20, when the woodrat population-source diminishes. In northern spotted
owl territories within the Redwood Zone, active management that creates
small openings in proximity to nesting, roosting, or foraging habitat
may enhance northern spotted owl foraging opportunities.
The special management considerations or protections identified
here apply to Unit 3 of the revised critical habitat.
Summary of Special Management Considerations or Protection
We find that each of the areas occupied at the time of listing that
we are designating as critical habitat contains features essential to
the conservation of the species that may require special management
considerations or protection to ensure the conservation of the northern
spotted owl. These special management considerations or protection may
be required to preserve and enhance the essential features needed to
achieve the conservation of the northern spotted owl. Additional
information on management activities compatible with northern spotted
owl conservation can be found within the Section 7 Consultation section
of this preamble.
VII. Criteria Used To Identify Critical Habitat
As required by section 4(b)(1)(A) of the Act, we use the best
scientific and commercial data available to designate critical habitat.
We have reviewed the available information pertaining to the habitat
requirements of the species. In accordance with the Act and its
implementing regulations at 50 CFR 424.12(e), based on this review, we
have identified the specific areas within the geographical area
occupied by the species at the time it was listed on which are found
those physical or biological features essential to the conservation of
the species, and which may require special management considerations or
protection. In addition, we considered whether any additional areas
outside those occupied at the time of listing are essential for the
conservation of the species.
Occupied Areas
For the purpose of developing and evaluating this revised critical
habitat designation for the northern spotted owl, we identified
``geographical area occupied by the species'' at the time it was listed
consistent with the species' distribution, population ecology, and use
of space. We based our identification of occupied geographical areas
on: (1) The distribution of verified northern spotted owl locations at
the time of listing and (2) scientific information regarding northern
spotted owl population structure and habitat associations.
We determined the geographical area occupied by the species at the
time of listing based in part on a habitat suitability model
incorporating the distribution of approximately 4,000 known northern
spotted owl territories across the geographical range of the species
(USFWS 2011, Appendix C). We used this model rather than just relying
on surveyed sites at that time because large areas within the species'
geographical range had not been surveyed; therefore the distribution of
northern spotted owl populations was incompletely known at the time the
species was listed, and remains so today. For this reason, designating
critical habitat based solely on the locations of territories
identified through surveys would exclude a substantial proportion of
the area that would have been occupied by the species at the time of
listing, and that provides the physical or biological features
essential to the conservation of the species. To address this, we used
our descriptions of the physical and biological features to develop a
habitat suitability model that enabled us to map the distribution of
relative habitat suitability and reliably identify areas that would
have supported northern spotted owl territories at the time of listing,
based on habitat value (USFWS 2011, Appendix C). Our habitat
suitability model was based on GNN (Gradient Nearest Neighbor)
vegetation data from 1996, and the locations of approximately 4,000
known owl pairs documented within 3 years of the date of the GNN
vegetation data (USFWS 2011, p. C-20). Because our evaluations of model
performance demonstrated that the models had good predictive ability
(USFWS 2011, Appendix C, p. C-38-42) we used the relative habitat
suitability models to predict the distribution of areas that would have
supported occupancy by spotted owls at the time of listing.
Because the best available habitat and owl location data and
information corresponded to 1996, we made an explicit assumption that
the 1996-based habitat suitability model would reliably predict the
distribution of spotted owls at the time of listing (1990). This
assumption was based on: (1) Our
[[Page 71912]]
expectation that patterns of habitat selection by spotted owls would
not change over a 6-year period; (2) the high degree of site fidelity
exhibited by territorial spotted owls over many years; and (3) the fact
that the amount and distribution of older forest habitat, which takes
many decades to develop and is a primary component of northern spotted
owl habitat, would not have increased significantly in the period
between listing and 1996. Therefore, we concluded that the 1996 GNN
layer is a reasonable representation of the habitat that would have
been occupied by northern spotted owls at the time of listing.
We tested this assumption by analyzing the relationship between our
1996 habitat suitability map and the distribution of 3,723 spotted owl
sites known to be occupied at the time of listing (1987-1996). This
time period reasonably represents the time of listing because northern
spotted owls are relatively long-lived and exhibit a high degree of
fidelity to territory core areas; their territory locations are,
therefore, relatively stable through time, unless substantial changes
occur to territory habitat. For this reason, we consider it highly
likely that locations occupied between 1987 and 1990, and 1990 and 1996
were also occupied at the time of listing in 1990. We found that over
85 percent of the proposed critical habitat area was within the
estimated home ranges of known spotted owl sites, strongly supporting
our assumption that the model reliably predicted areas were occupied at
the time of listing.
However, restricting a definition of occupancy to areas known to be
used by resident territorial owls overlooks a large segment of the owl
population that is not generally reflected in standard survey
methodologies, as described below. Northern spotted owl populations
consist of the territorial, resident owls, for which we have
documentation of occupancy throughout much of the owl's range,
described above, but also include nonterritorial adult ``floaters'' and
dispersing subadult owls. Both dispersing subadults and nonterritorial
floaters are consistently present on the landscape and require suitable
habitat to support dispersal and survival until they recruit into the
breeding population; this habitat requirement is in addition to that
already utilized by resident territorial owls. Nonterritorial owls are
difficult to detect in surveys because most surveys rely on territorial
defense behavior of resident owls (responding to artificial owl calls)
to determine their presence. Because they are difficult to detect, the
number and distribution of nonterritorial and dispersing owls is poorly
known for any given northern spotted owl population. However, they
constitute essential elements of northern spotted owl populations, and
can reliably be assumed to occur in suitable habitat within the same
landscapes occupied by territorial owls. As stated, the great majority
(85 percent) of the area within the identified critical habitat is
covered by the home ranges of known owl territories at the time of
listing. Because it is well established that dispersing subadults and
non-territorial northern spotted owls regularly occupy high-quality
habitat in the vicinity of other territorial northern spotted owls, and
because our relative habitat suitability models exhibited high accuracy
at predicting the probability of presence by owls, we conclude that
these areas of high-quality habitat were occupied by the species at the
time of listing.
Therefore, based on the best available scientific information
regarding population structure of northern spotted owls, ``occupied at
the time of listing'' encompasses (1) home ranges of resident,
territorial northern spotted owls known from surveys to be present at
the time of listing, (2) home ranges of territorial owls that would
have been present at the time of listing based on a model developed
specifically to predict owl presence based on relative habitat
suitability, and (3) areas used by nonterritorial and dispersing owls
that were likely to be present within the matrix of territories in a
given landscape known to be occupied by resident owl pairs.
Having determined our working definition of the term ``occupied,''
in this instance, we then characterized ``specific areas'' as used in
the definition of critical habitat in section 3(5)(A) of the Act, to
conform with known patterns of space-use and distribution exhibited by
northern spotted owls. Northern spotted owls are wide-ranging organisms
that maintain large home ranges and disperse relatively long distances.
Home ranges are used regularly by territorial owls for foraging,
raising young, and other activities, and are actively defended by the
resident pair year-round; as such, we consider these home ranges to be
continually occupied by the species. Although much activity is centered
on core areas within the home ranges, northern spotted owls are
dependent upon the entirety of the home range for prey resources and
use it on a regular basis throughout the year. As described earlier,
territorial northern spotted owls cover home ranges from roughly 1,400
ac (570 ha) at the southern end of their range (Zabel et al. 1995, p.
436) up to over 14,000 ac (5,700 ha) (USDI 1992, p. 23; USFWS 1994 in
litt., p. 1) in the northern portion of the species' range. These large
home ranges may overlap with those of neighboring northern spotted
owls, such that large landscapes may be fully occupied by population
clusters in areas where suitable habitat is well distributed. Some
demographic study areas still exhibit this pattern over large
landscapes today, although overlapping home ranges were more the case
when the northern spotted owl was first listed, prior to extensive
colonization of the species' range by the barred owl.
To conservatively evaluate the proportion of each subunit that was
composed of areas known to be occupied by northern spotted owls at the
time of listing, we calculated the area within estimated home ranges
(USFWS 2011, p. C-63 Table C-24) for all verified northern spotted owl
locations known at the time of listing, as described above. Overall, 85
percent of the area designated is within estimated home ranges of
verified territorial northern spotted owls located through surveys at
the time of listing; this area is entirely representative of verified
owl locations, and does not include habitat occupied based on habitat
suitability or nonresident owls. Twenty-two (37 percent) of the 60
subunits have at least 90 percent of their area within verified known
home ranges; 41 (68 percent) have at least 70 percent. As explained
above, given that these areas represent occupancy by verified resident
owls only, and considering the suitable habitat available at the time
of listing in these same landscapes, we conclude that the remainder of
these areas was occupied by other resident owls that simply were not
within surveyed areas, nonterritorial adult owls (floaters), or
dispersing subadults.
To help us identify and map potential critical habitat for the owl,
we used a three-step modeling framework developed as part of the
Revised Recovery Plan that integrates a northern spotted owl habitat
model, a habitat conservation planning model, and a population
simulation model. The details of this modeling framework are presented
in Appendix C of the Revised Recovery Plan (USFWS 2011), and a detailed
technical description of the modeling and habitat network evaluation
process we used in this revised designation of critical habitat is
provided in Dunk et al. (2012b, entire). Both of these supporting
documents are available at https://www.regulations.gov (see ADDRESSES),
or by contacting the
[[Page 71913]]
Oregon Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
The overall approach for critical habitat modeling consisted of
three main steps (USFWS 2011, Appendix C, p. C-3) to help refine,
select, and evaluate a series of alternative critical habitat networks
for the northern spotted owl. Each of these steps helped us to identify
a critical habitat network that meets the statutory definition of
critical habitat, namely, the distribution of the physical or
biological features needed by the species across its geographical range
occupied at the time of listing, and the identification of a landscape
configuration where these features, as well as any necessary unoccupied
areas, are essential to the conservation of the species. These steps
are summarized here, and then each is described in further detail.
Step 1: At the outset, the attributes of forest composition and
structure and characteristics of the physical environment associated
with nesting, roosting, and foraging habitat--physical or biological
features used by the species--were identified based on published
research, input from individual experts, and analysis of northern
spotted owl location and habitat data from nearly 4,000 known owl pairs
(USFWS 2011, pp. C-20 to C-28). We then used these physical or
biological features of nesting, roosting, and foraging habitats to
create a rangewide map of relative habitat suitability using the model
MaxEnt (Phillips et al. 2006, entire; Phillips and Dudik 2008, entire),
based on the habitat selection exhibited by these known owl pairs. In
addition to providing a map of relative habitat suitability, this
process allowed us to evaluate an area's suitability and determine
whether the presence of the species was likely based on an assessment
of known species-habitat relationships.
Step 2: We developed northern spotted owl habitat networks based on
the relative habitat suitability map using the Zonation conservation
planning model (Moilanen and Kujala 2008, entire). The Zonation model
used a hierarchical prioritization of the landscape based on relative
habitat suitability and other user-specified criteria (e.g., land
ownership) to develop the most efficient solutions for incorporating
high-value habitat. Zonation analyses were conducted separately for
each region to ensure that reserves would be well-distributed across
the range of the owl. Zonation also allowed for consideration of land
ownership in development of reserve designs.
Step 3: In the last step, we determined where the physical or
biological features, as well as unoccupied areas, are essential to the
conservation of the species. To do this we used a spatially explicit
northern spotted owl population model (HexSim) (Schumaker 2008, entire)
to predict relative responses of northern spotted owl populations to
different habitat network designs, and evaluated these responses
against the recovery objectives and criteria for the northern spotted
owl using a rule set based on those criteria. Simulations from these
models are not meant to be estimates of what will occur in the future,
but rather provide information on trends predicted to occur under
different network designs; this allowed us to compare the relative
performance of various critical habitat scenarios.
In Step 1 of the modeling framework, we used published research,
input from individual experts, and analysis of northern spotted owl
location and habitat data to develop models of relative habitat
suitability for northern spotted owls. These relative habitat
suitability models identify areas with habitat that provides the
combination of variables (forest composition and structure, and abiotic
factors such as elevation, precipitation, and temperature) with a high
predictive probability of supporting northern spotted owls, based on
data gathered from known owl sites. Based on the physical or biological
features of nesting, roosting, and foraging habitats known to be
utilized by resident owls, we used these models to identify areas
containing those physical or biological features required by the owl,
and to map their distribution across the range of the owl (USFWS 2011,
pp. C-27 to C-42, C-62). Because the models are based in large part on
data from nearly 4,000 owl sites (USFWS 2011, p. C-62), model outputs
highlight surveyed and verified owl home ranges. However, they also
identify areas with habitat that supported territorial and non-
territorial owls at the time of listing, based on habitat suitability,
and areas that may have been unoccupied at the time of listing, but
that may be essential for the conservation of the species based on
their relative habitat suitability as well as the habitat
characteristics needed for population growth or dispersal (see below).
To ensure that the variety of physical or biological features used by
northern spotted owls across their range is represented in the models,
we applied separate habitat models for each of 11 ecological regions,
based on differences in forest environments, northern spotted owl
habitat use and prey distribution, and variation in ecological
conditions (USFWS 2011, C-7 to C-13).
In Step 2 of the modeling framework, we used a habitat conservation
planning model (Zonation) (Moilanen et al. 2005, entire; Moilanen and
Kujala 2008, entire) to develop a northern spotted owl conservation
planning model. We used this in the critical habitat process to
aggregate areas of greatest relative habitat suitability (areas
occupied at the time of listing that provide the physical or biological
features, or areas of habitat that may have been unoccupied at the time
of listing, but have the potential to play an essential conservation
role, for example, in providing connectivity between isolated
populations) from Step 1 into discrete units. This process provided a
series of maps representing a range of alternative critical habitat
networks, each containing a different amount and distribution of
northern spotted owl habitat quality (representing differing amounts
and configurations of the primary constituent elements). The Zonation
model seeks to provide the most efficient design (most habitat value on
smallest land area) and allowed us to maximize reliance on public lands
to provide what is essential to northern spotted owl conservation.
In Step 3 of the modeling framework, we developed a northern
spotted owl population simulation model that allowed us to simulate the
relative population responses of northern spotted owls to various
habitat conservation network scenarios (HexSim) (Schumaker 2011,
entire). In developing this rule, we used this northern spotted owl
population simulation model to compare alternative critical habitat
networks and evaluate each design's ability to meet the recovery goals
and criteria for the northern spotted owl (described further below, and
in detail in Dunk et al. 2012b). This step of the process enabled us to
determine the amount and configuration of physical or biological
features on the landscape that are essential to the conservation of the
owl, as well as to determine those unoccupied areas essential for the
conservation of the species. By evaluating northern spotted owl
population metrics, such as relative population size, population trend,
and extinction risk that resulted from each scenario evaluated, we are
designating the most efficient habitat network necessary to conserve
the northern spotted owl (efficient, as noted above, in terms of
balancing greatest conservation value for the owl in proportion to
acres designated). This network has the potential to support an
increasing or
[[Page 71914]]
stable population trend of northern spotted owls, exhibits relatively
low extinction risk, both rangewide and at the recovery unit scale
(recovery units, as identified in the Revised Recovery Plan for the
Northern Spotted Owl, are defined by physiographic provinces (USFWS
2011, pp. III-1 to III-2)), and achieves adequate connectivity among
recovery units, while prioritizing reliance on public lands.
We determined what is essential to recovery of the northern spotted
owl by evaluating the performance of each potential critical habitat
scenario considered against the recovery needs of the owl. In contrast
with earlier conservation modeling efforts for the northern spotted
owl, the modeling framework we utilized does not rely on a priori
(predefined) rule sets for features such as size of habitat blocks,
number of owl pairs per block, or distance between blocks (USFWS 2011,
p. C-4) to determine what is essential for the conservation of the
species. Instead, we evaluated northern spotted owl population metrics
such as relative population size and trend to determine what is
essential to owl conservation, both in terms of where and how much of
the physical or biological features are essential and how much
unoccupied habitat is essential to meet the recovery objectives for the
owl, as defined in the Revised Recovery Plan for the Northern Spotted
Owl (USFWS 2011, p. ix) and detailed in our supporting documentation
(Dunk et al. 2012b, entire).
To accomplish this, we developed a rule set for the identification
of critical habitat based on the ability of that habitat to meet the
recovery objectives and criteria set forth in the Revised Recovery Plan
for the Northern Spotted Owl (USFWS 2011, p. ix). The recovery
objectives for the northern spotted owl are:
(1) Northern spotted owl populations are sufficiently large and
distributed such that the species no longer requires listing under the
Act;
(2) Adequate habitat is available for northern spotted owls and
will continue to exist to allow the species to persist without the
protection of the Act; and
(3) The effects of threats have been reduced or eliminated such
that northern spotted owl populations are stable or increasing and
northern spotted owls are unlikely to become threatened again in the
foreseeable future.
The recovery criteria for the northern spotted owl (aside from the
requirement for post-delisting monitoring) are:
Recovery Criterion 1--Stable Population Trend: The overall
population trend of northern spotted owls throughout the range is
stable or increasing over 10 years, as measured by a statistically
reliable monitoring effort.
Recovery Criterion 2--Adequate Population Distribution: Northern
spotted owl subpopulations within each province (i.e., recovery unit),
excluding the Willamette Valley Province, achieve viability, as
informed by the HexSim population model or some other appropriate
quantitative measure.
Recovery Criterion 3--Continued Maintenance and Recruitment of
Northern Spotted Owl Habitat: The future range-wide trend in northern
spotted owl nesting/roosting and foraging habitat is stable or
increasing throughout the range, from the date of Revised Recovery Plan
approval, as measured by effectiveness monitoring efforts or other
reliable habitat monitoring programs.
We used the following rule set to compare and evaluate the
potential of various habitat scenarios to meet these recovery
objectives and criteria, and thus determine what is essential to the
conservation of the northern spotted owl:
(1) Ensure sufficient habitat to support population viability
across the range of the species.
(a) Habitat can support an increasing or stable population trend,
as measured by a population growth rate of 1.0 or greater.
(b) Habitat will be sufficient to insure a low risk of extinction.
(2) Support demographically stable populations in each recovery
unit.
(a) Habitat can support an increasing or stable population trend in
each recovery unit.
(b) Habitat will be sufficient to insure a low risk of extinction
in each recovery unit.
(c) Conserve or enhance connectivity within and among recovery
units.
(d) Conserve genetic diversity.
(e) Ensure sufficient spatial redundancy in critical habitat within
each recovery unit.
(i) Accommodate habitat disturbance due to fire, insects, disease,
and catastrophic events.
(3) Ensure distribution of northern spotted owl populations across
representative habitats.
(a) Maintain distribution across the full ecological gradient of
the historical range.
(4) Acknowledge uncertainty associated with both future habitat
conditions and northern spotted owl population performance--including
influence of barred owls, climate change, fire/disturbance risk, and
demographic stochasticity--in assessment of critical habitat design.
These critical habitat objectives of supporting population
viability and demographically stable populations are intended to be met
in concert with the implementation of recovery actions to address other
nonhabitat-based threats to the owl.
We applied this rule set to the outcome of HexSim modeling
simulations on the various habitat scenarios considered (see Appendix C
of the Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011)
and Dunk et al. 2012b, entire, for all details). Each HexSim simulation
began with a population of 10,000 females (all population metrics are
in numbers of females), consisted of 100 replicates and 350 time steps
for each habitat scenario considered, and included the introduction of
environmental stochasticity. We then evaluated the relative performance
of each habitat scenario using numerous metrics to assess the ability
of that scenario to meet the specified recovery goals for the northern
spotted owl, as laid out in our rule set for identifying critical
habitat; these metrics were evaluated at the scale of each region, as
well as collectively rangewide. Our metrics of population performance
resulting from each habitat scenario considered included:
The percentage of simulations during which the rangewide
population fell below 1,250 individuals.
The percentage of simulations during which the rangewide
population fell below 1,000 individuals.
The percentage of simulations during which the rangewide
population fell below 750 individuals.
The percentage of simulations during which the population
fell below 250 in each region (using 250 as a quasi-extinction
threshold).
The percentage of simulations during which the population
fell below 100 in each region (using 100 as a quasi-extinction
threshold).
The percentage of simulations that went to extinction
(population = 0) in each region.
The mean population size from time step 150 to time step
350 in each region.
The mean population size at the last time step in each
region.
The mean population size at the last time step rangewide.
Measures of extinction risk are used as an indirect measure of
sufficient population abundance, as well as viability.
These metrics were used to comparatively evaluate the ability of
[[Page 71915]]
each scenario under consideration to determine what is essential for
the conservation of the species as informed by our rule set. We
selected habitat scenarios for further evaluation if they outperformed
the other scenarios under consideration in terms of being better able
to meet the population abundance, viability, and trend criteria both
across regions and rangewide. In all cases, we attempted to identify
the most efficient (smallest) total area that would meet the population
goals essential to recovery. Our final critical habitat designation is
based on the habitat network that best met all of these criteria, and
then was further refined, as described below.
We also focused on public lands to the maximum extent possible (see
Dunk et al. 2012b, entire, for specific details). In this step, we
compared scenarios that did not discriminate between various land
ownerships, and those that prioritized publicly owned lands. As Federal
agencies have a mandate under section 7(a)(1) of the Act to utilize
their authorities in furtherance of the purposes of the Act by carrying
out programs for the conservation of listed species, we looked first to
Federal lands for critical habitat. However, in some areas of limited
Federal ownership, State and private lands may provide areas determined
to be essential to the northern spotted owl by contributing to
demographic support and connectivity to facilitate dispersal and
colonization. In all cases, if the scenarios under consideration
provided equal contribution to recovery, as measured by the population
metrics described above, we chose the scenario that prioritized
inclusion of federally owned lands. State and private lands were
included only if they were necessary to achieve conservation of the
species, and were determined to provide either occupied areas that
support the PCEs or unoccupied areas essential for the conservation of
the owl. We also considered Indian lands in our evaluations; if habitat
scenarios performed equally well with or without Indian lands, we did
not include them (see Indian Lands, below).
To determine which of the numerous potential arrays of habitat we
considered contained only those areas that are essential to the
conservation of the northern spotted owl, we evaluated each of them
according to the rule set and criteria detailed above. Briefly
summarizing, all of the habitat networks we assessed contained varying
amounts of the physical or biological features needed by the northern
spotted owl in varying amounts and spatial arrangements across the
range of the species. Our first consideration in determining which of
these scenarios contained the physical or biological features in the
quantity and configuration essential to the conservation of the species
(i.e., the physical and biological features essential to the
conservation of the species) was our evaluation of how well the network
performed in terms of contributing toward the recovery criteria for the
northern spotted owl; we used the recovery criteria as our standard for
the conservation of the species.
To ensure that we designated only what is essential to the species'
conservation, our secondary consideration was efficiency. For our
purposes, we evaluated efficiency both in terms of number of acres and
landownership. Some of the networks we evaluated were smaller than this
final designation, or did not include any State or private lands;
however, such networks failed to meet the recovery criteria required to
achieve the conservation of the species, and therefore could not be
considered to provide the quantity and configuration of the physical or
biological features essential to the conservation of the species. Other
potential designations were significantly larger than this final
designation and while they were also capable of meeting the recovery
criteria, they did not provide proportionately greater conservation
value relative to the additional area (as measured, for example, in
relative projected numbers of owls). We concluded that such networks
therefore included large areas of habitat that may contribute to
recovery, but that are not necessary to achieve the recovery criteria
for the northern spotted owl, therefore these superfluous areas could
not be considered essential to the conservation of the species.
Finally, our assessment of potential habitat networks, based not
only on the population models but additionally refined by expert
opinion, as described below, indicated that critical habitat limited to
areas presently occupied by the northern spotted owl would not be
sufficient to achieve the recovery criteria for the species, as such a
designation would lead to inadequate population distribution and
inadequate population connectivity (50 CFR 424.12(e)). Modeling led us
to a similar conclusion regarding areas that were occupied at the time
of listing; networks limited to such areas were not capable of meeting
the recovery criteria for the species, and the models assisted us in
identifying those additional specific areas of habitat unoccupied at
the time of listing that are essential in terms of achieving the
conservation of the species. Another element of an essential network
was therefore the identification of sufficient areas of suitable
habitat or potentially suitable habitat not presently occupied by the
northern spotted owl, or that was not occupied at the time of listing,
to achieve the conservation of the species, in conjunction with
occupied habitat.
Our final designation is the critical habitat network that includes
the quantity and spatial configuration of habitat that meets the
requirement that it contain occupied areas with the essential physical
and biological features or unoccupied areas that are themselves
essential for conservation of the species by achieving the recovery
criteria for the northern spotted owl while avoiding the designation of
areas of habitat that do not make an essential contribution to the
conservation of the species. This essential habitat network is composed
predominantly of areas occupied at the time of listing and that contain
the essential physical or biological features, in conjunction with some
areas that may have been unoccupied at the time of listing, to
collectively comprise the habitat configuration and quantity that most
efficiently meets the recovery criteria for the species. All areas in
this final critical habitat designation, whether considered occupied at
the time of listing or unoccupied at the time of listing, are therefore
considered essential to the conservation of the species. The specific
modeling outcomes and our evaluation of each potential critical habitat
network are presented in detail in Dunk et al. 2012b.
It is important to recognize that although the application of this
modeling framework provided the foundation for identifying those areas
that meet the definition of critical habitat for the northern spotted
owl, the models do not simply produce a map of critical habitat.
Working from the model results, we then further refined the model-based
map units, after considering land ownership patterns, interagency
coordination, and best professional judgment, with the objective of
increasing the efficiency and effectiveness of the critical habitat
designation, as well as making corrections based on ground truthing and
local knowledge. The process generally consisted of modifying
boundaries to better conform to existing administrative and landscape
features, removing small areas of relatively lower-suitability habitat,
and incorporating additional areas that may have been unoccupied at the
time of listing, but were determined to be essential for population
connectivity,
[[Page 71916]]
for population growth, or to accommodate maintenance of suitable
habitat on the landscape for owls in the face of natural disturbance
regimes (e.g., fire) or competition with the barred owl, while
retaining the overall configuration of the model-based maps. In
addition, as part of this refinement process, expert knowledge helped
us to identify essential areas such as the unique oak woodland ecotype
used by northern spotted owls at the southernmost extent of the
species' range in Napa, Sonoma, and Marin Counties, California. We used
the population simulation model to evaluate whether this revised
critical habitat network continued to provide what is essential to the
conservation of the northern spotted owl, and used this same process to
evaluate changes made between the proposed and final rule (see Changes
from Proposed Rule for details).
Summary of How We Determined Where Physical and Biological Features and
Unoccupied Areas Are Essential to Conservation of the Species
The decision of where the requisite physical and biological
features and unoccupied areas are essential to the northern spotted owl
was made by identifying those areas in the range of the owl that are
necessary to achieving a relatively high likelihood of meeting the
recovery objectives described in the Revised Recovery Plan (USFWS 2011,
p. ix), while at the same time minimizing the inclusion of areas that
are relatively less important or not necessary to spotted owl recovery.
Striking this balance required by the Act--designating only those areas
that contain the essential features or are themselves essential for
conservation of the species and not unnecessarily designating the
entire geographical area that is or can be occupied by the species--was
accomplished using the best available information: a combination of
scientific modeling, expert scientific opinion of agency biologists and
peer reviewers, and careful consideration of public comment.
We made sure that this final critical habitat designation includes
only what is essential to the species' conservation by evaluating a
variety of potential critical habitat networks and assessing their
relative probability of meeting recovery objectives and, secondarily,
their relative ``efficiency'' in meeting these objectives. The various
scenarios were designed to bracket a variety of conditions and included
different aggregations of total habitat area, landscape juxtaposition,
and forest conditions. Some were smaller or larger in total size than
this final designation, and some did or did not include Federal matrix
lands, State lands, or private lands. The process of comparing
alternative networks and population results is described in detail in
the Modeling Supplement (Dunk et al. 2012b). When compared to other
possible network scenarios, we conclude the final identification of
critical habitat either contains essential physical and biological
features or is otherwise essential because it has the highest
likelihood of meeting recovery objectives in the most efficient manner
for the following reasons.
(1) It ensures that northern spotted owl populations are
sufficiently large to exhibit low extinction risk at the rangewide
scale. Under the final designation, modeled rangewide populations have
less than a 10 percent probability of declining to fewer than 1,000
females, and a 3 percent probability of declining to fewer than 750
females. Modeled population size and extinction risk results for the
designation are within the top 10 percent of all alternative networks,
yet the designation is much smaller than other top-ranking
alternatives.
(2) It ensures that northern spotted owl populations are well-
distributed across the geographic range of the species by selecting a
habitat network that supports population sizes with low extinction risk
within each of 11 modeling regions. Modeling region-specific population
sizes in the final designation are in the top 10 percent of all
alternative networks.
(3) It ensures that adequate amounts of current and future habitat
is available for spotted owls to persist and recover by designating a
habitat network consisting of approximately 50 percent of the available
high-suitability spotted owl habitat rangewide. An additional 21
percent of high-quality habitat is encompassed within Congressionally
Reserved lands that are not designated, but will retain their value for
spotted owls. This high-quality habitat, in addition to areas required
for population connectivity, is necessary to support rangewide
populations with low extinction risk at both rangewide and regional
scales.
(4) Compared to previous spotted owl conservation strategies, it
provides increased redundancy in habitat to help buffer potential
adverse impacts due to climate change and other stochastic (i.e.,
unpredictable) events by enlarging the total area of the final
designation within the fire-prone portions of the northern spotted
owl's range. This means that the final designation supports larger
populations in some modeling regions than would be minimally required
to achieve low extinction risk. Although it is impossible to predict
with precision how much redundancy may be required to deal with future
changes in forest conditions, this is essential to ameliorating the
potential impacts of fire, insects, and forest disease on spotted owls.
(5) The balancing of population objectives and parsimony resulted
in a final designation that encompasses 50 percent of the total
available high-suitability habitat rangewide and less than nine percent
of low-quality habitat, and supported population size and extinction
risk within the top 10 percent of all alternatives. Other larger
alternatives had similar or slightly better population characteristics,
but contained much larger proportions of lower-suitability habitat. The
small amount of low-quality habitat contained in the final designation
is essential because it provides for population growth and connectivity
both within regional populations and between populations; however, we
determined that additional lower-suitability habitat was not necessary
to the conservation of the species.
We considered but rejected potential critical habitat networks that
provided less total area, that did not include Federal matrix lands, or
that did not include some State or private lands where Federal lands
were lacking, because these networks had a significantly lower
likelihood of meeting recovery objectives as measured by demographic
modeling results and expert scientific opinion. For example, modeled
rangewide population sizes in this final designation were 1.7 times
larger than under the proposed rule's Possible Outcome 4, which did not
include any State or private lands, and nearly twice the size of
populations under 2008 critical habitat. This larger population size is
essential because it results in low extinction risk. Likewise, we
considered but rejected several potential networks that included
significantly more total area than the final designation. These
potential networks had a high probability of meeting recovery
objectives as measured by model results and expert opinion, but they
did not confer much of a net increase in the likelihood of meeting
recovery objectives beyond what is provided by the final designation.
This lack of parsimony, combined with a lack of a proportional increase
in measurable demographic performance, justified the rejection of these
larger potential networks when compared to the final designation.
[[Page 71917]]
This methodological approach was generally supported by the
scientific peer reviewers. One peer reviewer felt the proposed critical
habitat identified too much total area, and another peer reviewer felt
that more land area should be included, but most peer reviewers felt
the total area and the juxtaposition of land areas seemed reasonable
and scientifically justified given the current status of the owl and
the recovery objectives. Most of these experts also concluded that the
use of the modeling process was justified for informing the final
decision.
In sum, we believe this final designation of critical habitat for
the northern spotted owl meets the intent of the Act by identifying
those areas containing essential features or are otherwise essential in
a way that has a very high probability of providing for the
conservation of the species, while minimizing the potential for
unnecessarily including areas of low conservation value to the species.
Unoccupied Areas
Based on the northern spotted owl's wide-ranging use of the
landscape, and the distribution of known owl sites at the time of
listing across the units and subunits designated as critical habitat in
this rule, we find that all units and all subunits meet the Act's
definition of being within the geographical area occupied by the
species at the time of listing.
As noted above in Occupied Areas, within the units and subunits
designated as critical habitat, each consists predominantly of habitat
occupied by the species at the time of listing. However, parts of most
units and subunits contain a forested mosaic that includes younger
forests that may not have been occupied at the time of listing; we
evaluated such areas of younger forest as unoccupied at the time of
listing. Unoccupied areas must meet the standard of section 3(5)(a)(ii)
of the Act: They must be determined to be essential for the
conservation of the species. In addition, there are some areas we have
concluded were highly likely occupied at the time of listing, based on
the presence of suitable habitat and our predictive models, but
acknowledge there is some element of uncertainty to recognizing these
areas as occupied under the statutory definition due to the lack of
survey information. Therefore, we also evaluated all areas that we
concluded were likely occupied but which lack survey information
applying the standard of section 3(5)(A)(ii) of the Act, and have
determined that all such areas included in this designation are
essential for the conservation of the species. Finally, as noted
earlier, as a result of our application of the modeling framework and
refinement process described above, in which we evaluated various
habitat scenarios to identify the network that is essential to the
conservation of the species by providing the quantity and configuration
of habitat essential for the conservation of the species, we have
additionally determined that all areas identified here as critical
habitat, whether occupied at the time of listing or unoccupied at the
time of listing, are essential for the conservation of the species and
therefore meet the definition of critical habitat under section
3(5)(A)(ii) of the Act.
Thus, even if not occupied at the time of listing, all units and
subunits designated as critical habitat are essential for the
conservation of the species because, in addition to nesting, roosting,
foraging, and dispersal habitat, they provide connectivity between
occupied areas, room for population growth, and the ability to provide
sufficient suitable habitat on the landscape for owls in the face of
natural disturbance regimes (e.g., fire).
In general, northern spotted owls require large areas of habitat
due to their expansive home range requirements and the need for
connectivity between subpopulations to maintain genetic diversity and
support stable, viable populations over the long term. The northern
spotted owl was initially listed in large part due to past habitat loss
and degradation. In addition, recent work has confirmed that northern
spotted owls require additional areas of habitat to persist in the face
of competition with barred owls (Dugger et al. 2011, p. 2467). Given
the effects of past habitat loss and the increased habitat area needed
to offset competition from the barred owl, our assessment indicates
that large areas of contiguous areas of nesting, roosting, and foraging
habitat are essential to sustaining viable northern spotted owl
populations and meeting recovery goals.
In addition, because past habitat loss and degradation was
identified as a major threat to the northern spotted owl at the time of
listing and because this threat currently continues, conservation and
recovery of the species is dependent in part on development of
additional habitat to allow for population growth and recovery.
Therefore, portions of the habitat mosaic in some subunits designated
as critical habitat within the geographical area occupied by the
species at the time of listing consist of younger or partially
harvested forest. These are essential for the conservation of the
species because they are capable of developing the PCEs that support
nesting, roosting, or foraging by northern spotted owls that will be
necessary for population growth. Typically the result of past timber
harvest or wildfire, these areas of younger forest contain the elements
conducive to fully developing the physical or biological features
essential to the conservation of the owl (they are of suitable
elevation, climate, and forest community type). They may, however, be
lacking some element of the physical or biological features, such as
large trees or dense canopies that are associated with nesting habitat.
In particular, of 60 subunits designated, 4 (NCO-4, NCO-5, and ORC-1)
contain proportionally greater areas of younger forests that are
essential for the conservation of the species, because they can develop
additional habitat necessary to support viable northern spotted owl
populations in the future. These subunits are located within
Southwestern Washington and Oregon Coast Ranges Areas of Special
Concern (Thomas et al. 1990, pp. 66-69), areas described as exhibiting
a scarcity of suitable habitat due to extensive timber harvest. The
recovery goal of achieving viable populations distributed across the
range of the owl cannot be achieved without these areas; therefore, we
have determined them to be essential for the conservation of the
species.
Finally, there are portions of two subunits that function primarily
for connectivity between populations. Although portions of these
subunits may not have been occupied at the time of listing, these areas
contain the dispersal and foraging habitat to support movement between
adjacent subunits and are therefore essential to provide population
connectivity. Many of these areas are also anticipated to develop into
habitat capable of supporting nesting pairs in the future. In 1990, the
Interagency Scientific Committee (ISC) (Thomas et al. 1990, entire)
identified ``Areas of Special Concern'' in the Draft Strategy for the
Conservation of the Northern Spotted Owl. The ISC defined Areas of
Special Concern as lands where past natural occurrences and human
actions had adversely affected habitat more than in the remainder of
the physiographic province under consideration (Thomas et al. 1990, p.
66). Within the Areas of Special Concern described by the ISC (Thomas
et al. 1990, pp. 66-69), we identified areas that were strategically
located between subunits that would otherwise be demographically
isolated. Of 60 subunits designated, two (ORC-4 and ECS-3) are
identified as functioning
[[Page 71918]]
primarily for population connectivity with less than 70 percent of the
subunit covered by survey-located owl sites.
Our evaluation of the various habitat scenarios considered in the
modeling process described above enabled us to determine the amount and
configuration of habitat essential for the conservation of the owl,
based on the relative ability of that habitat network to meet the
recovery criteria of stable or increasing populations and adequate
distribution of viable populations. Although this evaluation was
primarily based on areas we know to have been occupied at the time of
listing, our evaluation of the distribution and configuration of the
physical and biological features essential to the conservation of the
owl additionally identified areas that may not have been occupied at
the time of listing, if those areas were essential to meeting the
recovery goals for the species. We have determined these areas to be
essential for the conservation of the species, to provide for dispersal
and connectivity between currently occupied areas, allow space for
population growth, and provide habitat replacement in the event of
disturbances, such as wildfires and competition with barred owls. Our
evaluation of alternative habitat networks, described above, indicates
that the specific areas identified in this designation are necessary to
achieve the amount and configuration of habitat that meets the recovery
criteria for the species. Because these areas do so efficiently
(without designating more areas than are needed, or designating areas
that would not make a significant contribution to conservation value),
we have determined that these areas are essential for the conservation
of the species. As described above, we have determined that a critical
habitat designation that does not include these areas, even if they may
not be occupied, would be inadequate to ensure the conservation of the
species. The resulting revised critical habitat represents the amount
and spatial distribution of habitats that we have determined to be
essential for the conservation of the northern spotted owl.
This designation is an improvement over the previous designation in
that it anticipates that in geographical regions with drier forests and
more dynamic natural disturbance regimes, land managers will consider
taking a landscape approach to managing critical habitat. This
landscape approach would recognize that large areas are essential in
these regions to accommodate disturbance-driven shifts in the physical
or biological features essential for the conservation of the northern
spotted owl, and that restorative management actions may be needed
across these landscapes to help manage for resilience in such a dynamic
ecosystem. These large landscapes, although essential to provide for
the conservation of the northern spotted owl, do include within their
boundaries several particular types of areas that are not included in
critical habitat, because they cannot support northern spotted owl
habitat. The following types of areas are not critical habitat for the
northern spotted owl, and are not included in the revised designation:
Meadows and grasslands. These include dry, upland prairies
and savannas found in the valleys and foothills of western Washington,
Oregon, and northwest California; subalpine meadows; and grass and forb
dominated cliffs, bluffs and grass balds found throughout these same
areas. Dominated by native grasses and diverse forbs, they may include
a minor savanna component of Oregon white oak, Douglas-fir, or
Ponderosa pine.
Oak and aspen (Populus spp.) woodlands. Oak woodlands are
characterized by an open canopy dominated by Oregon white oak but may
also include ponderosa pine, California black oak, Douglas-fir, or
canyon live oak. The understory is relatively open with shrubs, grasses
and wildflowers. Oak woodlands are typically found in drier landscapes
and on south-facing slopes. Note this exception for oak woodlands does
not include tanoak (Notholithocarpus densiflorus) stands, closed-canopy
live oak (Quercus agrifolia) woodlands and open-canopied valley oak
(Quercus lobata) and mixed-oak woodlands in subunits ICC-6 and RDC-5 in
Napa, Sonoma, and Marin Counties, California. Aspen woodlands are
dominated by aspen trees with a forb, grass or shrub understory and are
typically found on mountain slopes, rock outcrops and talus slopes,
canyon walls, and some seeps and stream corridors. This forest type
also can occur in riparian areas or in moist microsites within drier
landscapes.
Manmade structures (such as buildings, aqueducts, runways,
roads, and other paved areas) and the land on which they are located.
When determining critical habitat boundaries, we made every effort
to avoid including these areas because they lack physical or biological
features for the northern spotted owl. Due to the limitations of
mapping at such fine scales, however, we were often not able to
segregate these areas from areas shown as critical habitat on critical
habitat maps suitable in scale for publication within the Code of
Federal Regulations. Thus, we have included regulatory text clarifying
that these areas are not included in the designation even if within the
mapped boundaries of critical habitat, as a Federal action involving
these lands would not trigger section 7 consultation with respect to
effects to critical habitat unless the specific action would affect the
physical or biological features in the adjacent critical habitat.
VIII. Final Critical Habitat Designation
Consistent with the standards of the Act and our regulations we
have identified 9,577,969 ac (3,876,064ha) in 11 units and 60 subunits
as meeting the definition of critical habitat for the northern spotted
owl. The 11 units we have identified as critical habitat are: (1) North
Coast Olympics, (2) Oregon Coast Ranges, (3) Redwood Coast, (4) West
Cascades North, (5) West Cascades Central, (6) West Cascades South, (7)
East Cascades North, (8) East Cascades South, (9) Klamath West, (10)
Klamath East, and (11) Interior California Coast Ranges. All of the
critical habitat units and subunits identified were occupied at the
time of listing; however, some units may include some smaller areas
that were not known to be occupied at the time of listing but have been
determined to be essential to the conservation of the species. In
addition, as described above, we have determined that all areas being
designated are essential to the conservation of the species. Land
ownership of the designated critical habitat includes Federal and State
lands. No tribal lands are included in the critical habitat
designation. The approximate area of each critical habitat unit is
shown in Table 6. Table 7 gives totals by land ownership.
[[Page 71919]]
Table 6--Revised Critical Habitat Units for the Northern Spotted Owl
[Area estimates reflect all land within critical habitat unit boundaries.]
----------------------------------------------------------------------------------------------------------------
Critical habitat unit Land ownership Acres Hectares
----------------------------------------------------------------------------------------------------------------
Unit 1--North Coast Olympics.................. Federal......................... 696,230 281,754
State........................... 128,270 51,909
-------------------------------
Total........................... 824,500 333,663
Unit 2--Oregon Coast Ranges................... Federal......................... 788,919 319,264
State........................... 70,945 28,711
-------------------------------
Total........................... 859,864 347,975
Unit 3--Redwood Coast......................... Federal......................... 111,258 45,025
State........................... 48,912 19,794
Local government................ 20,684 8,371
-------------------------------
Total........................... 180,855 73,189
Unit 4--West Cascades North................... Federal......................... 541,476 219,127
State........................... 798 323
-------------------------------
Total........................... 542,274 219,450
Unit 5--West Cascades Central................. Federal......................... 908,861 367,802
State........................... 825 334
-------------------------------
Total........................... 909,687 368,136
Unit 6--West Cascades South................... Federal......................... 1,354,989 548,345
State........................... 209 85
-------------------------------
Total........................... 1,355,198 548,429
Unit 7--East Cascades North................... Federal......................... 1,338,988 541,869
State........................... 6,534 2,644
-------------------------------
Total........................... 1,345,523 544,514
Unit 8--East Cascades South................... Federal......................... 368,380 149,078
Unit 9--Klamath West.......................... Federal......................... 1,186,750 480,260
State........................... 10,639 4,305
-------------------------------
Total........................... 1,197,389 484,565
Unit 10--Klamath East......................... Federal......................... 1,049,826 424,850
State........................... 2,905 1,175
-------------------------------
Total........................... 1,052,731 426,025
Unit 11--Inner California Coast Ranges........ Federal......................... 940,721 380,696
State........................... 848 343
-------------------------------
Total........................... 941,568 381,039
-----------------------------------------------------------------
Grand Total............................... ................................ 9,577,969 3,876,064
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
Table 7--Revised Critical Habitat Units for the Northern Spotted Owl,
Describing Area Included Under Different Landownerships
------------------------------------------------------------------------
Acres Hectares
------------------------------------------------------------------------
USFS.......................................... 7,957,787 3,220,399
BLM........................................... 1,328,612 537,670
NPS........................................... 0 0
State......................................... 270,886 109,624
Local Government.............................. 20,684 8,371
Private....................................... 0 0
Other Federal (DOD)........................... 0 0
Tribal.................................... 0 0
-------------------------
Total..................................... 9,577,969 3,876,064
------------------------------------------------------------------------
We present brief descriptions of all units and their subunits
below. For each subunit, we describe the proportion of the area that is
covered by verified northern spotted owl home ranges at the time of
listing. As described above in the section Criteria Used to Identify
Critical Habitat, all areas being designated that were occupied at the
time of listing contain the physical or biological features essential
to the conservation of the northern spotted owl, and which may require
special management considerations or protection. In addition, there are
smaller areas of suitable habitat within subunits that we considered
likely occupied by nonterritorial owls and dispersing subadults, at the
time of listing, as well as some smaller areas of younger forest within
the larger habitat mosaic that may have been unoccupied at the time of
listing. Due to some potential for uncertainty in these latter two
categories of areas in terms of occupancy at the time of listing, we
evaluated all such areas applying the standard under section
3(5)(A)(ii) of the Act, and have determined that all such areas
included in this designation are essential to the conservation of the
species. In addition, as a result of our application of the modeling
framework described earlier, we have determined that all areas
identified here as critical habitat, whether occupied at the time of
listing or unoccupied at the time of listing, are essential to the
conservation of the species and therefore meet the definition of
critical habitat under section 3(5)(A)(ii) of the Act. This applies to
all units and subunits described below.
[[Page 71920]]
Unit 1: North Coast Ranges and Olympic Peninsula (NCO)
Unit 1 consists of 824,500 ac (333,623 ha) and contains five
subunits. This unit consists of the Oregon and Washington Coast Ranges
Section M242A, based on section descriptions of forest types from
Ecological Subregions of the United States (McNab and Avers 1994a,
Section M242A). This region is characterized by high rainfall, cool to
moderate temperatures, and generally low topography (1,470 to 2,460 ft
(448 to 750 m)). High elevations and cold temperatures occur in the
interior portions of the Olympic Peninsula, but northern spotted owls
in this area are limited to the lower elevations (less than 2,950 ft
(900 m)). Forests in the NCO are dominated by western hemlock, Sitka
spruce, Douglas-fir, and western red cedar (Thuja plicata). Hardwoods
are limited in species diversity (consist mostly of bigleaf maple and
red alder (Alnus rubra)) and distribution within this region, and
typically occur in riparian zones. Root pathogens like laminated root
rot (Phellinus weirii) are important gap formers, and vine maple (Acer
circinatum), among others, fills these gaps. Because Douglas-fir dwarf
mistletoe is unusual in this region, northern spotted owl nesting
habitat consists of stands providing very large trees with cavities or
deformities. A few nests are associated with western hemlock dwarf
mistletoe (Arceuthobium tsugense subsp. tsugense). Northern spotted owl
diets are dominated by species associated with mature to late-
successional forests (flying squirrels, red tree voles), resulting in
similar definitions of habitats used for nesting/roosting and foraging
by northern spotted owls.
Subunit Descriptions: Unit 1
NCO-1. The NCO-1 subunit consists of approximately 293,539 ac
(118,791 ha) in Clallam, Jefferson, Grays Harbor, and Mason Counties,
Washington, and comprises lands managed by U.S. Forest Service (USFS)
and State of Washington. The USFS manages 230,966 ac (93,309 ha) as
Late-successional Reserves to maintain functional, interactive, late-
successional and old-growth forest ecosystems and 62,966 ac (25,481 ha)
under the adaptive management area land use allocation. Threats in this
subunit include current and past timber harvest, competition with
barred owls, and isolation on a peninsula (along with subunit NCO-2).
This subunit is expected to function primarily for demographic support
of the overall population. NCO-1 is located primarily in the watersheds
of Lyre, Hoko, Soleduck, Hoh, Quinault, Queets, and Clearwater Rivers,
and includes the northern part of the Lower Chehalis River watershed.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 94 percent of the area of NCO-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
NCO-2. The NCO-2 subunit consists of approximately 213,633 ac
(86,454 ha) in Kitsap, Clallam, Jefferson, Grays Harbor, and Mason
Counties, Washington, and comprises lands managed by the USFS. The USFS
manages 173,682 ac (70,287 ha) as Late-successional Reserves to
maintain functional, interactive, late-successional and old-growth
forest ecosystems and 39,083 ac (15,816 ha) under the adaptive
management area land use allocation. Threats in this subunit include
current and past timber harvest, competition with barred owls, and
isolation on a peninsula (along with subunit NCO-1). This subunit is
expected to function primarily for demographic support of the overall
population. NCO-2 is located primarily in the watersheds of the Elwha,
Dungeness, Quilcene, Snow, Skokomish, and Dosewallips rivers.
Our evaluation of sites known to be occupied at the time of listing
indicate that approximately 95 percent of the area of this subunit was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
NCO-3. We exempted subunit NCO-3 from the final designation of
critical habitat under Section 4(a)(3) of the Act (See Exemptions
section below). This subunit is comprised approximately 14,313 ac
(5,792 ha) of lands managed by the Department of Defense as part of
Joint Base Lewis-McChord under their integrated natural resource
management plan (INRMP).
NCO-4. The NCO-4 subunit consists of approximately 179,745 ac
(72,740 ha) in Clatsop, Columbia, Tillamook, and Washington Counties,
Oregon, and comprises Federal lands and lands managed by the State of
Oregon. Of this subunit, 117,033 ac (47,361 ha) are managed as part of
the Tillamook and Clatsop State Forests for multiple uses including
timber revenue production, recreation, and wildlife habitat according
to the Northwest Oregon State Forest Management Plan (ODF 2010a,
entire). Federal lands encompass 62,712 ac (25,379 ha) of this subunit
and are managed as directed by the NWFP (USDA and USDI 1994, entire).
Special management considerations or protection are required in this
subunit to address threats from current and past timber harvest and
competition with barred owls. This subunit is expected to function
primarily for demographic support to the overall population. This
subunit is isolated from the nearest subunit to the north but is
adjacent to subunit NCO-5 to the south.
Our evaluation of sites known to be occupied at the time of listing
indicate that approximately 63 percent of the area of NCO-4 was covered
by verified northern spotted owl home ranges at the time of listing.
When combined with likely occupancy of suitable habitat and occupancy
by nonterritorial owls and dispersing subadults, we consider a large
part of this subunit to have been occupied at the time of listing.
There are some areas of younger forest in this subunit that may have
been unoccupied at the time of listing. We have
[[Page 71921]]
determined that all of the unoccupied and likely occupied areas in this
subunit are essential for the conservation of the species to meet the
recovery criterion that calls for the continued maintenance and
recruitment of northern spotted owl habitat (USFWS 2011, p. ix). The
increase and enhancement of northern spotted owl habitat in this
subunit is especially important for providing for population growth and
additional demographic support in this region. The development of
additional suitable habitat in this subunit is needed to support viable
northern spotted owl populations over the long term. The recruitment of
additional suitable habitat will also contribute to the successful
dispersal of northern spotted owls, and serve to buffer northern
spotted owls from competition with the barred owl.
NCO-5. The NCO-5 subunit consists of approximately 142,937 ac
(57,845 ha) in Yamhill, Lincoln, Tillamook, and Polk Counties, Oregon,
and comprises lands managed by the State of Oregon, the BLM, and the
USFS. Of this subunit 11,067 ac (4,479 ha) are managed by the State of
Oregon for multiple uses including timber revenue production,
recreation, and wildlife habitat according to the Northwest Oregon
State Forest Management Plan (ODF 2010a, entire), and may be considered
for exclusion from the final critical habitat designation. Federal
lands comprise 131,870 ac (53,666 ha) and are managed as directed by
the NWFP (USDA and USDI 1994, entire). Special management
considerations or protection are required in this subunit to address
threats from current and past timber harvest and competition with
barred owls. This subunit is expected to function primarily for
demographic support to the overall population and north-south
connectivity between subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicate that approximately 63 percent of the area of NCO-5 was covered
by verified northern spotted owl home ranges at the time of listing.
When combined with likely occupancy of suitable habitat and occupancy
by nonterritorial owls and dispersing subadults, we consider a large
part of this subunit to have been occupied at the time of listing.
There are some areas of younger forest in this subunit that may have
been unoccupied at the time of listing. We have determined that all of
the unoccupied and likely occupied areas in this subunit are essential
for the conservation of the species to meet the recovery criterion that
calls for the continued maintenance and recruitment of northern spotted
owl habitat (USFWS 2011, p. ix). The increase and enhancement of
northern spotted owl habitat in this subunit is especially important
for providing for population growth and additional demographic support
in this region. The development of additional suitable habitat in this
subunit is needed to support viable northern spotted owl populations
over the long term. The recruitment of additional suitable habitat will
also contribute to the successful dispersal of northern spotted owls,
and serve to buffer northern spotted owls from competition with the
barred owl.
Unit 2: Oregon Coast Ranges (OCR)
Unit 2 consists of 859,864 ac (347,975 ha) and contains six
subunits. This unit consists of the southern third of the Oregon and
Washington Coast Ranges Section M242A, based on section descriptions of
forest types from Ecological Subregions of the United States (McNab and
Avers 1994a, Section M242A). We split the section in the vicinity of
Otter Rock, OR, based on gradients of increased temperature and
decreased moisture that result in different patterns of vegetation to
the south. Generally this region is characterized by high rainfall,
cool to moderate temperatures, and generally low topography (980 to
2,460 ft (300 to 750 m)). Forests in this region are dominated by
western hemlock, Sitka spruce, and Douglas-fir; hardwoods are limited
in species diversity (largely bigleaf maple and red alder) and
distribution, and are typically limited to riparian zones. Douglas-fir
and hardwood species associated with the California Floristic Province
(tanoak, Pacific madrone, black oak, giant chinquapin (Castanopsis
chrysophylla)) increase toward the southern end of the OCR. On the
eastern side of the Coast Ranges crest, habitats tend to be drier and
dominated by Douglas-fir. Root pathogens like laminated root rot are
important gap formers, and vine maple among others fills these gaps.
Because Douglas-fir dwarf mistletoe is unusual in this region, northern
spotted owl nesting habitat tends to be limited to stands providing
very large trees with cavities or deformities. A few nests are
associated with western hemlock dwarf mistletoe. Northern spotted owl
diets are dominated by species associated with mature to late-
successional forests (flying squirrels, red tree voles), resulting in
similar definitions of habitats used for nesting/roosting and foraging
by northern spotted owls. One significant difference between OCR and
NCO is that woodrats comprise an increasing proportion of the diet in
the southern portion of the modeling region.
Subunit Descriptions--Unit 2
OCR-1. The OCR-1 subunit consists of approximately 110,657 ac
(44,781 ha) in Polk, Benton and Lincoln Counties, Oregon, and comprises
lands managed by the State of Oregon, the BLM, and the USFS. Of this
subunit 6,612 ac (2,676 ha) are managed by the State of Oregon for
multiple uses including timber revenue production, recreation, and
wildlife habitat according to the Northwest Oregon State Forest
Management Plan (ODF 2010a, entire). Federal lands comprise 104,045 ac
(42,105 ha) and are managed as directed by the NWFP (USDA and USDI
1994, entire). Special management considerations or protection are
required in this subunit to address threats from current and past
timber harvest and competition with barred owls. This subunit is
expected to function primarily for demographic support to the overall
population and north-south connectivity between subunits and critical
habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 55 percent of the area of OCR-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
a large part of this subunit to have been occupied at the time of
listing. There are some areas of younger forest in this subunit that
may have been unoccupied at the time of listing. We have determined
that all of the unoccupied and likely occupied areas in this subunit
are essential for the conservation of the species to meet the recovery
criterion that calls for the continued maintenance and recruitment of
northern spotted owl habitat (USFWS 2011, p. ix). The increase and
enhancement of northern spotted owl habitat in this subunit is
especially important for providing for population growth and additional
demographic support in this region. The development of additional
suitable habitat in this subunit is needed to support viable northern
spotted owl populations over the long term. The recruitment of
additional suitable habitat will also contribute to the successful
dispersal of northern spotted owls, and serve to buffer northern
spotted owls from competition with the barred owl.
OCR-2. The OCR-2 subunit consists of approximately 261,405 ac
(105,787 ha) in Lane, Benton, and Lincoln Counties, Oregon, and
comprises lands
[[Page 71922]]
managed by the State of Oregon, the BLM, and the USFS. Of this subunit
18,504 ac (7,448 ha) are managed by the State of Oregon for multiple
uses including timber revenue production, recreation, and wildlife
habitat according to the Northwest Oregon State Forest Management Plan
(ODF 2010a, entire). Federal lands comprise 242,901 ac (98,298 ha) and
are managed as directed by the NWFP (USDA and USDI 1994, entire).
Special management considerations or protection are required in this
subunit to address threats from current and past timber harvest and
competition with barred owls. This subunit is expected to function
primarily for demographic support to the overall population and north-
south connectivity between subunits.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 77 percent of the area of OCR-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
OCR-3. The OCR-3 subunit consists of approximately 203,681 ac
(82,427 ha) in Lane and Douglas Counties, Oregon, and comprises lands
managed by the State of Oregon, the BLM, and the USFS. Of this subunit
5,082 ac (2,07 ha) are managed by the State of Oregon for multiple uses
including timber revenue production, recreation, and wildlife habitat
according to the Northwest Oregon State Forest Management Plan (ODF
2010a, entire). Federal lands comprise 198,599 ac (80,369 ha) and are
managed as directed by the NWFP (USDA and USDI 1994, entire). Special
management considerations or protection are required in this subunit to
address threats from current and past timber harvest and competition
with barred owls. This subunit is expected to function primarily for
demographic support to the overall population and for both north-south
and east-west connectivity between subunits.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 97 percent of the area of OCR-3 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
OCR-4. The OCR-4 subunit consists of approximately 8,263 ac (3,344
ha) in Lane and Douglas Counties, Oregon, and comprises lands managed
by the BLM as directed by the NWFP (USDA and USDI 1994, entire).
Special management considerations or protection are required in this
subunit to address threats from current and past timber harvest and
competition with barred owls. This subunit is expected to function
primarily for east-west connectivity between subunits and critical
habitat units, and between the Oregon coast and the western Cascades.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 43 percent of the area of OCR-4 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
a large part of this subunit to have been occupied at the time of
listing. There are some areas of younger forest in this subunit that
may have been unoccupied at the time of listing. We have determined
that all of the unoccupied and likely occupied areas in this subunit
are essential for the conservation of the species to meet the recovery
criterion that calls for the continued maintenance and recruitment of
northern spotted owl habitat (USFWS 2011, p. ix). The increase and
enhancement of northern spotted owl habitat in this subunit is
especially important for providing essential connectivity between
currently occupied areas to support the successful dispersal of
northern spotted owls, and may also help to buffer northern spotted
owls from competition with the barred owl.
OCR-5. The OCR-5 subunit consists of approximately 176,905 ac
(71,591ha) in Coos and Douglas Counties, Oregon, and comprises lands
managed by the State of Oregon, the BLM, and the USFS. Of this subunit
40,747 ac (16,490 ha) are managed by the State of Oregon for multiple
uses including sustained economic benefit through timber harvest and
management, recreation, and wildlife habitat according to the Elliot
State Forest Management Plan (ODF 2011, entire). Federal lands comprise
136,158 ac (55,101 ha) and are managed as directed by the NWFP (USDA
and USDI 1994, entire). Special management considerations or protection
are required in this subunit to address threats from current and past
timber harvest and competition with barred owls. This subunit is
expected to function primarily for demographic support to the overall
population and for north-south, and potentially east-west, connectivity
between subunits.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 94 percent of the area of OCR-5 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
[[Page 71923]]
OCR-6. The OCR-6 subunit consists of approximately 81,900 ac
(33,144 ha) in Coos and Douglas Counties, Oregon, and comprises lands
managed by the BLM as directed by the NWFP (USDA and USDI 1994,
entire). Special management considerations or protection are required
in this subunit to address threats from current and past timber harvest
and competition with barred owls. This subunit is expected to function
primarily for demographic support to the overall population and for
north-south connectivity between subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 97 percent of the area of OCR-6 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
Unit 3: Redwood Coast (RWC)
Unit 3 contains 180,855ac (73,189ha) and three subunits. This unit
consists of the Northern California Coast Ecological Section 263, based
on section descriptions of forest types from Ecological Subregions of
the United States (McNab and Avers 1994b, entire). This region is
characterized by low-lying terrain (0 to 2,950 ft (0 to 900 m)) with a
maritime climate, generally mesic conditions, and moderate
temperatures. Climatic conditions are rarely limiting to northern
spotted owls at all elevations. Forest communities are dominated by
redwood, Douglas-fir-tanoak forest, coast live oak, and tanoak series.
The vast majority of the region is in private ownership, dominated by a
few large industrial timberland holdings. The results of numerous
studies of northern spotted owl habitat relationships suggest stump-
sprouting and rapid growth rates of redwoods, combined with high
availability of woodrats in patchy, intensively managed forests,
enables northern spotted owls to maintain high densities in a wide
range of habitat conditions within the Redwood zone.
Subunit Descriptions--Unit 3
RDC-1. This subunit contains 63,127 ac (25,547 ha) of lands managed
by the USFS and BLM in Curry County, Oregon and in Del Norte, Humboldt,
and Trinity Counties, California. Special management considerations or
protection are required in this subunit to address threats from the
barred owl. Suitable habitat within the subunit is relatively
contiguous north-to-south, and is capable of supporting a sustainable
subpopulation of owls. We expect that this subunit will provide strong
connectivity among the adjacent critical habitat units to the north
(OCR) and east (KLW, ICC). The subunit is weakly connected to the
adjacent subunit to the south (RDC-2).
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 78 percent of the area of RDC-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
RDC-2. This subunit contains 65,391 ac (26,463 ha) in Mendocino and
southwestern Humboldt Counties, California. There are 16,479 ac (6,669
ha) of Federal lands in the subunit, managed by the Bureau of Land
Management. The California Department of Forestry and Fire Protection
operates the Jackson Demonstration State Forest (48,912 ac (19,794 ha))
for multiple uses including timber production, water quality, wildlife
habitat, and research.
Special management considerations or protection are required in
this subunit to address threats from the barred owl. Suitable habitat
within the subunit is relatively contiguous north-to-south, and is
capable of supporting a sustainable subpopulation of owls. The subunit
is weakly connected to the adjacent CHU to the east (ICC) and to the
coastal subunit to the north (RDC-1); it is relatively well connected
to the coastal subunit to the south (RDC-3).
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 85 percent of the area of RDC-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
RDC-3. This subunit was comprised entirely of private lands, which
have been excluded from the final rule.
RDC-4. This subunit was comprised entirely of private lands, which
have been excluded from the final rule.
RDC-5. This subunit contains 20,684 ac (8,371 ha) in southern Marin
County, California and represents the southern range limit of the
subspecies. No private lands are contained in this subunit. The Mount
Tamalpais Watershed (18,900 ac (7,649 ha)) of the Marin Municipal Water
District is included in the final critical habitat designation. Six
Open Space Preserves (OSPs) in the Marin County Parks and Open Space
System, totaling 3,627 ac (1,468 ha), are included in the final
critical habitat designation, including Gary Giacomini, White Hill,
Cascade Canyon, Baltimore Canyon, Camino Alto, and Blithedale Summit
OSPs. Special management considerations or protection are required in
this subunit to address
[[Page 71924]]
incipient threats from the barred owl. Suitable habitat within the
subunit is continuous from east to west. It is unknown whether this
subunit is capable of supporting a self-sustaining subpopulation of
owls without support from the subunit to the north (RDC-4). The lands
between this subunit and the nearest subunit to the east (ICC-6) are
dominated by agricultural and urban land use, and are very weakly
connected.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 82 percent of the area of RDC-5 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
Unit 4: West Cascades North (WCN)
This unit contains 542,274 ac (219,450 ha) and two subunits. This
unit coincides with the northern Western Cascades Section M242B, based
on section descriptions of forest types from Ecological Subregions of
the United States (McNab and Avers 1994a, Section M242B), combined with
the western portion of M242D (Northern Cascades Section), extending
from the U.S.-Canadian border south to Snoqualmie Pass in central
Washington. It is similar to the Northern Cascades Province of Franklin
and Dyrness (1988, pp. 17-20). This region is characterized by high
mountainous terrain with extensive areas of glaciers and snowfields at
higher elevation. The marine climate brings high precipitation (both
annual and summer) but is modified by high elevations and low
temperatures over much of this modeling region. The resulting
distribution of forest vegetation is dominated by subalpine species,
mountain hemlock and silver fir; the western hemlock and Douglas-fir
forests typically used by northern spotted owls are more limited to
lower elevations and river valleys (northern spotted owls are rarely
found at elevations greater than 4,200 ft (1,280 m) in this region)
grading into the mesic Puget lowland to the west.
Subunit Descriptions--Unit 4
WCN-1. The WCN-1 subunit consists of approximately 438,255 ac
(177,355 ha) in Whatcom, Skagit, and Snohomish Counties, Washington,
and comprises lands managed by the USFS and the State of Washington.
The USFS manages 320,146 ac (129,559 ha) as Late-successional Reserves
to maintain functional, interactive, late-successional, and old-growth
forest ecosystems and 6,147 ac (2,487 ha) under the matrix land use
allocation where multiple uses occur, including most timber harvest and
other silvicultural activities. Threats in this subunit include current
and past timber harvest, competition with barred owls, steep topography
with high-elevation ridges that separate relatively small, linear
strips of suitable habitat in valley bottoms, and location at the
northern limit of the subspecies range. This subunit is expected to
function primarily for demographic support of the overall population
and to maintain the subspecies distribution in the northernmost portion
of its range. WCN-1 is located in the watersheds of the Stillaguamish,
Skagit, and Nooksack rivers, and is bounded on the north by the
international boundary with British Columbia, Canada. In this subunit,
we have excluded lands covered under the Washington Department of
Natural Resources State Lands HCP.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 92 percent of the area of WCN-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
WCN-2. The WCN-2 subunit consists of approximately 103,988 ac
(42,083 ha) in King and Snohomish Counties, Washington, and comprises
lands managed by the USFS, State of Washington, and private landowners.
The USFS manages 82,316 ac (33,312 ha) as Late-successional Reserves to
maintain functional, interactive, late-successional, and old-growth
forest ecosystems and 834 ac (338 ha) under the matrix land use
allocation where multiple uses occur, including most timber harvest and
other silvicultural activities. Threats in this subunit include current
and past timber harvest, competition with barred owls, and steep
topography with high-elevation ridges that separate relatively small,
linear strips of suitable habitat in valley bottoms. This subunit has a
key role in maintaining connectivity between northern spotted owl
populations, both north to south in the West Cascades and west to east
between the West and East Cascades units. This role is shared with the
WCC-1 subunit to the south and the ECN-4 subunit to the east. This
subunit is also expected to provide demographic support of the overall
population. WCN-2 is located in the watersheds of the Snohomish and
Cedar/Sammamish Rivers. In this subunit, we have excluded lands covered
under the Washington Department of Natural Resources State Lands HCP in
the final designation.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 79 percent of the area of WCN-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long
[[Page 71925]]
term by providing for population growth, successful dispersal, and
buffering from competition with the barred owl.
Unit 5: West Cascades Central (WCC)
This unit contains 909,687 ac (368,136 ha) and three subunits. This
region consists of the midsection of the Western Cascades Section
M242B, based on section descriptions of forest types from Ecological
Subregions of the United States (McNab and Avers 1994a, Section M242B),
extending from Snoqualmie Pass in central Washington south to the
Columbia River. It is similar to the Southern Washington Cascades
Province of Franklin and Dyrness (1988, pp. 21-23). We separated this
region from the northern section based on differences in northern
spotted owl habitat due to relatively milder temperatures, lower
elevations, and greater proportion of western hemlock/Douglas-fir
forest and occurrence of noble fir (A. procera) to the south of
Snoqualmie Pass. Because Douglas-fir dwarf mistletoe occurs rarely in
this region, northern spotted owl nest sites are largely limited to
defects in large trees, and occasionally nests of other raptors.
Subunit Descriptions--Unit 5
WCC-1. The WCC-1 subunit consists of approximately 225,847 ac
(91,397 ha) in King, Pierce, Thurston, Lewis, Kittitas, and Yakima
Counties, Washington, and comprises lands managed by USFS and State of
Washington. The USFS manages 183,884 ac (76,843 ha) as Late-
successional Reserves to maintain functional, interactive, late-
successional, and old-growth forest ecosystems and 35,145 ac (14,222
ha) under the matrix land use allocation where multiple uses occur,
including most timber harvest and other silvicultural activities.
Threats in this subunit include current and past timber harvest,
competition with barred owls, and stand conversion. This subunit is
expected to provide demographic support of the overall population and
to maintain demographic connectivity between the Cascade Range and the
Olympic Peninsula in conjunction with subunit NCO-3. WCC-1 is located
primarily in the watersheds of the Nisqually, Puyallup, White,
Duwamish, and Green Rivers. In this subunit, we have excluded lands
from our final critical habitat designation that are covered under the
Washington Department of Natural Resources State Lands HCP, the Cedar
River Watershed HCP, the Plum Creek Timber Central Cascades HCP, the
West Fork Timber HCP, the Tacoma Water Green River Water Supply
Operations and Watershed Protection HCP as well as other private lands
from the final designation.
Our evaluation of sites known to be occupied at the time of listing
indicate that approximately 96 percent of the area of WCC-1 was covered
by verified northern spotted owl home ranges at the time of listing.
When combined with likely occupancy of suitable habitat and occupancy
by nonterritorial owls and dispersing subadults, we consider this
subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
WCC-2. The WCC-2 subunit consists of approximately 279,445 ac
(113,087 ha) in Pierce, Lewis, Cowlitz, Skamania, and Yakima Counties,
Washington, and comprises lands managed by USFS, State of Washington,
and private landowners. The USFS manages 92,835 ac (37,569 ha) as Late-
successional Reserves to maintain functional, interactive, late-
successional, and old-growth forest ecosystems and 88,655 ac (35,878
ha) under the matrix land use allocation where multiple uses occur,
including most timber harvest and other silvicultural activities.
Threats in this subunit include current and past timber harvest and
competition with barred owls. This subunit is expected to provide
demographic support of the overall population. WCC-2 is located
primarily in the Cowlitz River watersheds west of the Cascade Crest and
the headwaters of the Naches River watershed east of the Crest. In this
subunit, we have excluded lands covered under the Washington Department
of Natural Resources State Lands HCP, the West Fork Timber HCP, and the
Port Blakely Tree Farms L.P. (Morton Block) SHA, Landowner Option Plan,
and Cooperative Habitat Enhancement Agreement in the final critical
habitat designation.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 96 percent of the area of WCC-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
WCC-3. The WCC-3 subunit consists of approximately 394,501 ac
(159,649 ha) in Clark, Skamania, and Yakima Counties, Washington, and
comprises lands managed by the USFS, the State of Washington, and
private landowners. The USFS manages 242,929 ac (98,310 ha) as Late-
successional Reserves to maintain functional, interactive, late-
successional, and old-growth forest ecosystems and 122,641 ac (49,631
ha) under the matrix land use allocation where multiple uses occur,
including most timber harvest and other silvicultural activities.
Threats in this subunit include current and past timber harvest,
competition with barred owls, and the Columbia River as an impediment
to northern spotted owl dispersal. This subunit is expected to provide
demographic support of the overall population and an opportunity for
demographic exchange between the WCC Unit and the WCS Unit. WCC-3 is
located primarily in the watersheds of the Lewis, Wind, and White
Salmon Rivers, and is bounded on the south by the Columbia River. In
this subunit, we have excluded lands covered under the Washington
Department of Natural Resources State Lands HCP from critical habitat
designation.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 96 percent of the area of WCC-3 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
[[Page 71926]]
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
Unit 6: West Cascades South (WCS)
Unit 6 contains 1,355,198ac (548,429 ha) and contains six subunits.
This unit consists of the southern portion of the Western Cascades
Section M242B, based on section descriptions of forest types from
Ecological Subregions of the United States (McNab and Avers 1994a,
Section M242B), and extends from the Columbia River south to the North
Umpqua River. We separated this region from the northern section due to
its relatively milder temperatures, reduced summer precipitation due to
the influence of the Willamette Valley to the west, lower elevations,
and greater proportion of western hemlock/Douglas-fir forest. The
southern portion of this region exhibits a gradient between Douglas-
fir/western hemlock and increasing Klamath-like vegetation (mixed
conifer/evergreen hardwoods), which continues across the Umpqua divide
area. The southern boundary of this region is novel and reflects a
transition to mixed-conifer forest (Franklin and Dyrness 1988, pp. 23-
24, 137-143). The importance of Douglas-fir dwarf mistletoe increases
to the south in this region, but most northern spotted owl nest sites
are found in defective large trees, and occasionally nests of other
raptors.
Subunit Descriptions--Unit 6
WCS-1. The WCS-1 subunit consists of approximately 92,586 ac
(37,468 ha) in Multnomah, Hood River, and Clackamas Counties, Oregon,
and comprises only Federal lands managed by the BLM and the USFS under
the NWFP (USDA and USDI 1994, entire). Special management
considerations or protection are required in this subunit to address
threats from current and past timber harvest and competition with
barred owls. This subunit is expected to function primarily for
demographic support to the overall population, as well as north-south
and east-west connectivity between subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 88 percent of the area of WCS-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
WCS-2. The WCS-2 subunit consists of approximately 150,105 ac
(60,745 ha) in Clackamas, Marion, and Wasco Counties, Oregon, and
comprises only Federal lands managed by the BLM and the USFS under the
NWFP (USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats from current
and past timber harvest and competition with barred owls. This subunit
is expected to function primarily for demographic support to the
overall population, as well as north-south connectivity between
subunits.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 82 percent of the area of WCS-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS 2011
p. ix). The increase and enhancement of northern spotted owl habitat is
necessary to provide for viable populations of northern spotted owls
over the long term by providing for population growth, successful
dispersal, and buffering from competition with the barred owl.
WCS-3. The WCS-3 subunit consists of approximately 319,736 ac
(129,393 ha) in Clackamas, Marion, Linn, and Lane Counties, Oregon, and
comprises lands managed by the State of Oregon, the BLM, and the USFS.
Of this subunit, 184 ac (75 ha) are managed by the State of Oregon
primarily for recreation (Oregon Administrative Rules, Chapter 736,
entire). The remaining 319,552 ac (129,318 ha) are Federal lands
managed as directed by the NWFP (USDA and USDI 1994, entire). Special
management considerations or protection are required in this subunit to
address threats from current and past timber harvest and competition
with barred owls. This subunit is expected to function primarily for
demographic support to the overall population, as well as north-south
connectivity between subunits.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 85 percent of the area of WCS-3 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
WCS-4. The WCS-4 subunit consists of approximately 379,130 ac
(153,429 ha) in Lane and Douglas Counties,
[[Page 71927]]
Oregon, and comprises only Federal lands managed by the BLM and the
USFS under the NWFP (USDA and USDI 1994, entire). Special management
considerations or protection are required in this subunit to address
threats from current and past timber harvest and competition with
barred owls. This subunit is expected to function primarily for
demographic support to the overall population, as well as north-south
connectivity between subunits.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 86 percent of the area of WCS-4 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
WCS-5. The WCS-5 subunit consists of approximately 356,415 ac
(144,236 ha) in Lane and Douglas Counties, Oregon, and comprises only
Federal lands managed by the USFS under the NWFP (USDA and USDI 1994,
entire). Special management considerations or protection are required
in this subunit to address threats from current and past timber harvest
and competition with barred owls. This subunit is expected to function
primarily for demographic support to the overall population, as well as
north-south and east-west connectivity between subunits and critical
habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 83 percent of the area of WCS-5 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
WCS-6. The WCS-6 subunit consists of approximately 99,558 ac
(40,290 ha) in Lane, Klamath, and Douglas Counties, Oregon, and is
managed by the BLM and the USFS as directed by the NWFP (USDA and USDI
1994, entire). Special management considerations or protection are
required in this subunit to address threats from current and past
timber harvest and competition with barred owls. This subunit is
expected to function primarily for east-west connectivity between
subunits and critical habitat units, and between the Oregon coast and
the western Cascades.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 97 percent of the area of WCS-6 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
Unit 7: East Cascades North (ECN)
Unit 7 contains 1,345,523ac (557,002 ha) and nine subunits. This
unit consists of the eastern slopes of the Cascade range, extending
from the Canadian border south to the Deschutes National Forest near
Bend, OR. Terrain in portions of this region is glaciated and steeply
dissected. This region is characterized by a continental climate (cold,
snowy winters and dry summers). High-frequency, low-intensity fire
regimes occur at lower elevations, mid elevations have mixed-severity
regimes, and high elevations have high-severity regimes. Increased
precipitation from marine air passing east through Snoqualmie Pass and
the Columbia River has resulted in an increase of moist forest
conditions in this region (Hessburg et al. 2000b, p. 165). In
Washington, ponderosa pine and Douglas-fir forest are dominant at low
elevations, Douglas-fir/grand fir mixed-conifer forest are
characteristic of mid-elevations, and higher elevations support forests
of silver fir, hemlock, and subalpine fir. The terrain is highly
dissected and mountainous. The terrain and ecology are different on the
southern portion of the unit, where ponderosa pine predominates on flat
terrain at low elevations, and owl habitat is restricted to buttes and
the slopes of the Cascade Range in forests of Douglas-fir, grand/white
fir, and true firs. There is substantially less habitat in the
Deschutes area of Oregon compared to the area north of Sisters, Oregon,
and into Washington. The bulk of owls in this Unit are in Washington.
Forest composition, particularly the presence of grand fir and
western larch, distinguishes this modeling region from the southern
section of the eastern Cascades. While ponderosa pine forest dominates
lower and middle elevations in both this and the southern section, the
northern section supports grand fir and Douglas-fir habitat at middle
elevations. Dwarf mistletoe provides an important component of nesting
habitat, enabling northern spotted owls to nest within stands of
relatively younger and smaller trees.
Subunit Descriptions--Unit 7
ECN-1. The ECN-1 subunit consists of approximately 101,661 ac
(41,141 ha) in Whatcom, Skagit, and Okanogan Counties, Washington, and
comprises lands managed by USFS. The USFS manages 60,173 ac (24,351 ha)
as Late-successional Reserves to maintain functional, interactive,
late-successional and old-growth forest ecosystems and 22,802 ac (9,228
ha) under the matrix land use allocation where multiple uses
[[Page 71928]]
occur, including most timber harvest and other silvicultural
activities. Threats in this subunit include current and past timber
harvest; competition with barred owls; removal or modification of
habitat by forest fires, insects, and diseases; steep topography with
high-elevation ridges that separate relatively small, linear strips of
suitable habitat in valley bottoms; and location at the northeastern
limit of the range of the subspecies. This subunit is expected to
provide demographic support of the overall population and maintain the
subspecies distribution in the northeastern portion of its range. ECN-1
is located primarily in the watershed of the Methow River and includes
a small portion of the upper Skagit River watershed. It is bounded on
the north by the international boundary with British Columbia, Canada.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 41 percent of the area of ECN-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ECN-2. The ECN-2 subunit consists of approximately 60,128 ac
(24,333 ha) in Chelan County, Washington, and comprises lands managed
by USFS. The USFS manages 35,835 ac (14,502 ha) as Late-successional
Reserves to maintain functional, interactive, late-successional and
old-growth forest ecosystems and 17,545 ac (7,100 ha) under the matrix
land use allocation where multiple uses occur, including most timber
harvest and other silvicultural activities. Threats in this subunit
include current and past timber harvest; competition with barred owls;
steep topography with high-elevation ridges that separate relatively
small, linear strips of suitable habitat in valley bottoms; the
combination of Lake Chelan and the Sawtooth Mountains acting as a
barrier to dispersal; and removal or modification of habitat by forest
fires, insects, and diseases. This subunit is expected to provide
demographic support of the overall population. ECN-2 is located
primarily in the watersheds of the Chelan and Entiat Rivers.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 34 percent of the area of ECN-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ECN-3. The ECN-3 subunit consists of approximately 301,219 ac
(121,899 ha) in Chelan County, Washington, and comprises lands managed
by the USFS and private landowners. The USFS manages 187,103 ac (75,718
ha) as Late-successional Reserves to maintain functional, interactive,
late-successional and old-growth forest ecosystems and 114,117 ac
(46,181 ha) under the matrix land use allocation where multiple uses
occur, including most timber harvest and other silvicultural
activities. Threats in this subunit include current and past timber
harvest, competition with barred owls, and removal or modification of
habitat by forest fires, insects, and diseases. This subunit is
expected to provide demographic support of the overall population. ECN-
3 is located primarily in the watershed of the Wenatchee River. In this
subunit, we have excluded private lands and lands covered under the
Washington Department of Natural Resources State Lands HCP.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 71 percent of the area of ECN-3 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ECN-4. The ECN-4 subunit consists of approximately 222,818 ac
(90,171 ha) in Kittitas County, Washington, and comprises lands managed
by the USFS and the State of Washington. The USFS manages 99,641 ac
(40,323 ha) as Late-successional Reserves to maintain functional,
interactive, late-successional, and old-growth forest ecosystems and
118,676 ac (48,027 ha) under the matrix land use allocation where
multiple uses occur, including most timber harvest and other
silvicultural activities. The Washington Department of Fish and
Wildlife manages 4,498 ac (1,820 ha). Threats in this subunit include
current and past timber harvest, competition with barred owls, and
removal or modification of habitat by forest fires, insects, and
diseases. This subunit is expected to provide demographic support of
the overall population. This subunit also has a key role in maintaining
connectivity between northern spotted owl populations, both north to
south in the East Cascades North Unit and west to east between the West
and East Cascades units. This role is shared with the WCN-2 subunit and
the WCC-1 subunit to the west. ECN-4 is located primarily in the Upper
Yakima River watershed. In this subunit, we have excluded private lands
and lands covered under the Washington Department of Natural Resources
State Lands HCP and the Plum Creek Timber Central Cascades HCP.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 78 percent of the area of ECN-4 was
covered by verified
[[Page 71929]]
northern spotted owl home ranges at the time of listing. When combined
with likely occupancy of suitable habitat and occupancy by
nonterritorial owls and dispersing subadults, we consider this subunit
to have been largely occupied at the time of listing. In addition,
there may be some smaller areas of younger forest within the habitat
mosaic of this subunit that were unoccupied at the time of listing. We
have determined that all of the unoccupied and likely occupied areas in
this subunit are essential for the conservation of the species to meet
the recovery criterion that calls for the continued maintenance and
recruitment of northern spotted owl habitat (USFWS 2011, p. ix). The
increase and enhancement of northern spotted owl habitat is necessary
to provide for viable populations of northern spotted owls over the
long term by providing for population growth, successful dispersal, and
buffering from competition with the barred owl.
ECN-5. The ECN-5 subunit consists of approximately 201,108 ac
(81,415 ha) in Kittitas and Yakima Counties, Washington, and comprises
lands managed by the USFS and the State of Washington. The USFS manages
115,289 ac (46,656 ha) as Late-successional Reserves to maintain
functional, interactive, late-successional, and old-growth forest
ecosystems and 83,849 ac (33,933 ha) under the matrix land use
allocation where multiple uses occur, including most timber harvest and
other silvicultural activities. Threats in this subunit include current
and past timber harvest, competition with barred owls, and removal or
modification of habitat by forest fires, insects, and diseases. This
subunit is expected to provide demographic support of the overall
population. ECN-5 is located primarily in the watershed of the Naches
River. In this subunit, we have excluded from final critical habitat
designation lands covered under the Washington Department of Natural
Resources State Lands HCP, the Plum Creek Timber Central Cascades HCP,
and private lands.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 85 percent of the area of ECN-5 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ECN-6. The ECN-6 subunit consists of approximately 81,852 ac
(33,124 ha) in Skamania, Yakima, and Klickitat Counties, Washington,
and comprises lands managed by the USFS and the State of Washington.
The USFS manages 32,400 ac (13,112 ha) as Late-successional Reserves to
maintain functional, interactive, late-successional, and old-growth
forest ecosystems; and 49,452 ac (20,012 ha) under the matrix land use
allocation where multiple uses occur, including most timber harvest and
other silvicultural activities. Threats in this subunit include current
and past timber harvest, competition with barred owls, and the Columbia
River as an impediment to northern spotted owl dispersal. This subunit
is expected to provide demographic support of the overall population.
ECN-6 is located primarily in the watersheds of the Klickitat and White
Salmon Rivers, and is bounded on the south by the Columbia River. In
this subunit, we have excluded lands covered under the Washington
Department of Natural Resources State Lands HCP as well as private
lands from the final designation.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 88 percent of the area of ECN-6 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ECN-7. The ECN-7 subunit consists of approximately 139,983 ac
(56,649 ha) in Hood River and Wasco Counties, Oregon, and comprises
only Federal lands managed by the USFS under the NWFP (USDA and USDI
1994, entire). Special management considerations or protection are
required in this subunit to address threats from current and past
timber harvest, removal or modification of habitat by forest fires and
the effects on vegetation from fire exclusion, and competition with
barred owls. This subunit is expected to function primarily for
demographic support to the overall population, as well as north-south
and east-west connectivity between subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that nearly 100 percent of the area of ECN-7 was covered by
verified northern spotted owl home ranges at the time of listing. When
combined with likely occupancy of suitable habitat and occupancy by
nonterritorial owls and dispersing subadults, we consider this subunit
to have been largely occupied at the time of listing. In addition,
there may be some smaller areas of younger forest within the habitat
mosaic of this subunit that were unoccupied at the time of listing. We
have determined that all of the unoccupied and likely occupied areas in
this subunit are essential for the conservation of the species to meet
the recovery criterion that calls for the continued maintenance and
recruitment of northern spotted owl habitat (USFWS 2011, p. ix). The
increase and enhancement of northern spotted owl habitat is necessary
to provide for viable populations of northern spotted owls over the
long term by providing for population growth, successful dispersal, and
buffering from competition with the barred owl.
ECN-8. The ECN-8 subunit consists of approximately 94,622 ac
(38,292 ha) in Jefferson and Deschutes Counties, Oregon, of Federal
lands managed by the USFS under the NWFP (USDA and USDI 1994, entire).
Special management considerations or protection are required in this
subunit to address threats from current and past timber harvest, losses
due to wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This
[[Page 71930]]
subunit is expected to function primarily for demographic support to
the overall population, as well as north-south connectivity between
subunits.
Our evaluation of sites known to be occupied at the time of listing
indicate that approximately 61 percent of the area of ECN-8 was covered
by verified northern spotted owl home ranges at the time of listing.
When combined with likely occupancy of suitable habitat and occupancy
by nonterritorial owls and dispersing subadults, we consider this
subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ECN-9. The ECN-9 subunit consists of approximately 155,434 ac
(62,902 ha) in Deschutes and Klamath Counties, Oregon, and comprises
only Federal lands managed by the USFS under the NWFP (USDA and USDI
1994). Special management considerations or protection are required in
this subunit to address threats from current and past timber harvest,
losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function primarily for demographic support to the overall
population, as well as north-south connectivity between subunits and
critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 45 percent of the area of ECN-9 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
Unit 8: East Cascades South (ECS)
Unit 8 contains 368,381 ac (149,078 ha) and three subunits. This
unit incorporates the Southern Cascades Ecological Section M261D, based
on section descriptions of forest types from Ecological Subregions of
the United States (McNab and Avers 1994c, Section M261D) and the
eastern slopes of the Cascades from the Crescent Ranger District of the
Deschutes National Forest south to the Shasta area. Topography is
gentler and less dissected than the glaciated northern section of the
eastern Cascades. A large expanse of recent volcanic soils (pumice
region) (Franklin and Dyrness 1988, pp. 25-26), large areas of
lodgepole pine, and increasing presence of red fir (Abies magnifica)
and white fir (and decreasing grand fir) along a south-trending
gradient further supported separation of this region from the northern
portion of the eastern Cascades. This region is characterized by a
continental climate (cold, snowy winters and dry summers) and a high-
frequency/low-mixed severity fire regime. Ponderosa pine is a dominant
forest type at mid-to-lower elevations, with a narrow band of Douglas-
fir and white fir at middle elevations providing the majority of
northern spotted owl habitat. Dwarf mistletoe provides an important
component of nesting habitat, enabling northern spotted owls to nest
within stands of relatively younger, smaller trees.
Subunit Descriptions--Unit 8
ECS-1. The ECS-1 subunit consists of approximately 127,801 ac
(51,719 ha) in Klamath, Jackson, and Douglas Counties, Oregon, and
comprises lands managed by the BLM and the USFS. Special management
considerations or protection are required in this subunit to address
threats to the essential physical or biological features from current
and past timber harvest, losses due to wildfire and the effects on
vegetation from fire exclusion, and competition with barred owls. This
subunit is expected to function primarily for demographic support to
the overall population, as well as north-south and east-west
connectivity between subunits and critical habitat units. This subunit
is adjacent to ECS-2 to the south.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 78 percent of the area of ECS-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ECS-2. The ECS-2 subunit consists of approximately 66,086 ac
(26,744 ha) in Klamath and Jackson Counties, Oregon, and Siskiyou
County, California, all of which are Federal lands managed by the BLM
and USFS per the NWFP (USDA and USDI 1994, entire). Special management
considerations or protection are required in this subunit to address
threats to the essential physical or biological features from current
and past timber harvest, losses due to wildfire and the effects on
vegetation from fire exclusion, and competition with barred owls. This
subunit is expected to function primarily for north-south connectivity
between subunits, but also for demographic support in this area of
sparse Federal land and sparse high-quality nesting habitat.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 77 percent of the area of ECS-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the
[[Page 71931]]
time of listing. We have determined that all of the unoccupied and
likely occupied areas in this subunit are essential for the
conservation of the species to meet the recovery criterion that calls
for the continued maintenance and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The increase and enhancement of northern
spotted owl habitat is necessary to provide for viable populations of
northern spotted owls over the long term by providing for population
growth, successful dispersal, and buffering from competition with the
barred owl.
ECS-3. The ECS-3 subunit consists of approximately 112,179 ac
(45,397 ha) in Siskiyou County, California, all of which are Federal
lands managed by the USFS per the NWFP (USDA and USDI 1994, entire).
Special management considerations or protection are required in this
subunit to address threats to the essential physical or biological
features from current and past timber harvest, losses due to wildfire
and the effects on vegetation from fire exclusion, and competition with
barred owls. The function of this subunit is to provide demographic
support in this area of sparsely distributed high-quality habitat and
Federal land, and to provide for population connectivity between
subunits to the north and south.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 69 percent of the area of ECS-3 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
a large part of this subunit to have been occupied at the time of
listing. There are some areas of younger forest in this subunit that
may have been unoccupied at the time of listing. We have determined
that all of the unoccupied and likely occupied areas in this subunit
are essential for the conservation of the species to meet the recovery
criterion that calls for the continued maintenance and recruitment of
northern spotted owl habitat (USFWS 2011, p. ix). The increase and
enhancement of northern spotted owl habitat in this subunit is
especially important for providing essential connectivity between
currently occupied areas to support the successful dispersal of
northern spotted owls, and may also help to buffer northern spotted
owls from competition with the barred owl.
Unit 9: Klamath West (KLW)
Unit 9 contains 1,197,389 ac (484,565 ha) and nine subunits. This
unit consists of the western portion of the Klamath Mountains
Ecological Section M261A, based on section descriptions of forest types
from Ecological Subregions of the United States (McNab and Avers 1994c,
Section M261A). A long north-south trending system of mountains
(particularly South Fork Mountain) creates a rainshadow effect that
separates this region from more mesic conditions to the west. This
region is characterized by very high climatic and vegetative diversity
resulting from steep gradients of elevation, dissected topography, and
the influence of marine air (relatively high potential precipitation).
These conditions support a highly diverse mix of mesic forest
communities such as Pacific Douglas-fir, Douglas-fir tanoak, and mixed
evergreen forest interspersed with more xeric forest types. Overall,
the distribution of tanoak is a dominant factor distinguishing the
Western Klamath Region. Douglas-fir dwarf mistletoe is uncommon and
seldom used for nesting platforms by northern spotted owls. The prey
base of northern spotted owls within the Western Klamath is diverse,
but dominated by woodrats and flying squirrels.
Subunit Descriptions--Unit 9
KLW-1. The KLW-1 subunit consists of approximately 147,326 ac
(59,621 ha) in Douglas, Josephine, Curry, and Coos Counties, Oregon,
and comprises lands managed by the State of Oregon and the BLM. Of this
subunit 7,682 ac (3,109 ha) are managed by the State of Oregon for
multiple uses including timber revenue production, recreation, and
wildlife habitat according to the Southwest Oregon State Forests
Management Plan (ODF 2010b, entire). Federal lands comprise 139,644 ac
(56,512 ha) and are managed as directed by the NWFP (USDA and USDI
1994, entire). Special management considerations or protection are
required in this subunit to address threats to the essential physical
or biological features from current and past timber harvest, losses due
to wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This subunit is expected to function for
demographic support to the overall population and for north-south and
east-west connectivity between subunits and critical habitat units.
This subunit sits at the western edge of an important connectivity
corridor between coastal Oregon and the western Cascades.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 96 percent of the area of KLW-1was covered
by verified northern spotted owl home ranges at the time of listing.
When combined with likely occupancy of suitable habitat and occupancy
by nonterritorial owls and dispersing subadults, we consider this
subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLW-2. The KLW-2 subunit consists of approximately 148,929 ac
(60,674 ha) in Josephine, Curry, and Coos Counties, Oregon, and
comprises lands managed by the USFS and the BLM as directed by the NWFP
(USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats to the
essential physical or biological features from current and past timber
harvest, losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function for demographic support to the overall population and for
north-south and east-west connectivity between subunits and critical
habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 71 percent of the area of KLW-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance
[[Page 71932]]
and recruitment of northern spotted owl habitat (USFWS 2011, p. ix).
The increase and enhancement of northern spotted owl habitat is
necessary to provide for viable populations of northern spotted owls
over the long term by providing for population growth, successful
dispersal, and buffering from competition with the barred owl.
KLW-3. The KLW-3 subunit consists of approximately 143,862 ac
(58,219 ha) in Josephine, Curry, and Coos Counties, Oregon, and
comprises lands managed by the USFS, the BLM and the State of Oregon.
There are 142,982 ac (57,863 ha) of Federal lands managed as directed
by the NWFP (USDA and USDI 1994, entire). The 880 ac (356 ha) of State
of Oregon lands are managed according to the Southwest Oregon State
Forests Management Plan (ODF 2010b, entire). Special management
considerations or protection are required in this subunit to address
threats from current and past timber harvest, losses due to wildfire
and the effects on vegetation from fire exclusion, and competition with
barred owls. This subunit is expected to function for demographic
support to the overall population and for north-south connectivity
between subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 88 percent of the area of KLW-3 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLW-4. The KLW-4 subunit consists of approximately 158,299 ac
(64,061 ha) in Josephine and Jackson Counties, Oregon, and Del Norte
and Siskiyou Counties, California, and comprises lands managed by the
USFS and the BLM that are managed as directed by the NWFP (USDA and
USDI 1994, entire). Special management considerations or protection are
required in this subunit to address threats to the essential physical
or biological features from current and past timber harvest, losses due
to wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This subunit is expected to function for
demographic support to the overall population and for north-south and
east-west connectivity between subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 95 percent of the area of KLW-4 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLW-5. The KLW-5 subunit consists of approximately 31,085 ac
(12,580 ha) in Josephine County, Oregon, and Del Norte and Siskiyou
Counties, California, all of which are Federal lands managed by the BLM
and USFS per the NWFP (USDA and USDI 1994, entire). Special management
considerations or protection are required in this subunit to address
threats to the essential physical or biological features from current
and past timber harvest, losses due to wildfire and the effects on
vegetation from fire exclusion, and competition with barred owls. This
subunit is expected to function for demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 98 percent of the area of KLW-5 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLW-6. The KLW-6 subunit consists of approximately 117,545 ac
(47,569 ha) in Del Norte, Humboldt, and Siskiyou Counties, California,
all of which are Federal lands managed by the USFS as directed by the
NWFP (USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats to the
essential physical or biological features from current and past timber
harvest, losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function for demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 91 percent of the area of KLW-6 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and
[[Page 71933]]
buffering from competition with the barred owl.
KLW-7. The KLW-7 subunit consists of approximately 255,779 ac
(103,510 ha) in Del Norte, Humboldt, and Siskiyou Counties, California,
all of which are Federal lands managed by the BLM and USFS as directed
by the NWFP (USDA and USDI 1994, entire). Special management
considerations or protection are required in this subunit to address
threats to the essential or physical features from current and past
timber harvest, losses due to wildfire and the effects on vegetation
from fire exclusion, and competition with barred owls. This subunit is
expected to function for demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 91 percent of the area of KLW-7 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLW-8. The KLW-8 subunit consists of approximately 114,287 ac
(46,250 ha) in Siskiyou and Trinity Counties, California, all of which
are Federal lands managed by the BLM and USFS as directed by the NWFP
(USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats to the
essential physical or biological features from current and past timber
harvest, losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function for demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 85 percent of the area of KLW-8 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLW-9. The KLW-9 subunit consists of approximately 149,656 ac
(60,564 ha) in Humboldt and Trinity Counties, California, all of which
are Federal lands managed by the USFS as directed by the NWFP (USDA and
USDI 1994, entire). Special management considerations or protection are
required in this subunit to address threats to the essential physical
or biological features from current and past timber harvest, losses due
to wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This subunit is expected to function for
demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 89 percent of the area of KLW-9 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
Unit 10: Klamath East (KLE)
Unit 10 contains 1,052,731ac (426,025ha) and seven subunits. This
unit consists of the eastern portion of the Klamath Mountains
Ecological Section M261A, based on section descriptions of forest types
from Ecological Subregions of the United States (McNab and Avers 1994c,
Section M261A), and portions of the Southern Cascades Ecological
Section M261D in Oregon. This region is characterized by a
Mediterranean climate, greatly reduced influence of marine air, and
steep, dissected terrain. Franklin and Dyrness (1988, pp. 137-149)
differentiate the mixed-conifer forest occurring on the ``Cascade side
of the Klamath from the more mesic mixed evergreen forests on the
western portion (Siskiyou Mountains),'' and Kuchler (1977) separates
out the eastern Klamath based on increased occurrence of ponderosa
pine. The mixed-conifer/evergreen hardwood forest types typical of the
Klamath region extend into the southern Cascades in the vicinity of
Roseburg and the North Umpqua River, where they grade into the western
hemlock forest typical of the Cascades. High summer temperatures and a
mosaic of open forest conditions and Oregon white oak (Quercus
garryana) woodlands act to influence northern spotted owl distribution
in this region. Northern spotted owls occur at elevations up to 1,768
m. Dwarf mistletoe provides an important component of nesting habitat,
providing additional structure and enabling northern spotted owls to
occasionally nest within stands of relatively younger, small trees.
Subunit Descriptions--Unit 10
KLE-1. The KLE-1 subunit consists of approximately 242,338 ac
(98,071 ha) in Jackson and Douglas Counties, Oregon, and comprises
Federal lands managed by the USFS and the BLM under the NWFP (USDA and
USDI 1994, entire). Special management considerations or protection are
required in this subunit to address threats to the essential physical
or biological features from current and past timber harvest, losses due
to wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This subunit is expected to function
primarily for demographic support to the overall population, as well as
north-south and east-west connectivity between subunits and critical
habitat units.
[[Page 71934]]
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 84 percent of the area of KLE-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLE-2. The KLE-2 subunit consists of approximately 101,942 ac
(41,255 ha) in Josephine and Douglas Counties, Oregon, and comprises
Federal lands managed by the USFS and the BLM under the NWFP (USDA and
USDI 1994, entire). Special management considerations or protection are
required in this subunit to address threats to the essential physical
or biological features from current and past timber harvest, losses due
to wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This subunit is expected to function
primarily for east-west connectivity between subunits and critical
habitat units, but also for demographic support. This subunit
facilitates northern spotted owl movements between the western Cascades
and coastal Oregon and the Klamath Mountains.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 92 percent of the area of KLE-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLE-3. The KLE-3 subunit consists of approximately 111,410 ac
(45,086 ha) in Jackson, Josephine, and Douglas Counties, Oregon, and
comprises Federal lands managed by the USFS and the BLM under the NWFP
(USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats to the
essential physical or biological features from current and past timber
harvest, losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function primarily for east-west connectivity between subunits and
critical habitat units, but also for demographic support. This subunit
facilitates northern spotted owl movements between the western Cascades
and coastal Oregon and the Klamath Mountains.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 97 percent of the area of KLE-3 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLE-4. The KLE-4 subunit consists of approximately 254,442 ac
(102,969 ha) in Jackson, Klamath, and Douglas Counties, Oregon, and
comprises Federal lands managed by the USFS and the BLM under the NWFP
(USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats to the
essential physical or biological features from current and past timber
harvest, losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function primarily for east-west connectivity between subunits and
critical habitat units, but also for demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 81 percent of the area of KLE-4 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLE-5. The KLE-5 subunit consists of approximately 38,283 ac
(15,493 ha) in Jackson County, Oregon, and comprises lands managed by
the BLM and USFS. The BLM and USFS lands are managed per the NWFP (USDA
and USDI 1994, entire). Special management considerations or protection
are required in this subunit to address threats to the essential
physical or biological features from current and past timber harvest,
losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function primarily for north-south connectivity between subunits,
but also for demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 86 percent of the area of KLE-5 was
covered by verified
[[Page 71935]]
northern spotted owl home ranges at the time of listing. When combined
with likely occupancy of suitable habitat and occupancy by
nonterritorial owls and dispersing subadults, we consider this subunit
to have been largely occupied at the time of listing. In addition,
there may be some smaller areas of younger forest within the habitat
mosaic of this subunit that were unoccupied at the time of listing. We
have determined that all of the unoccupied and likely occupied areas in
this subunit are essential for the conservation of the species to meet
the recovery criterion that calls for the continued maintenance and
recruitment of northern spotted owl habitat (USFWS 2011, p. ix). The
increase and enhancement of northern spotted owl habitat is necessary
to provide for viable populations of northern spotted owls over the
long term by providing for population growth, successful dispersal, and
buffering from competition with the barred owl.
KLE-6. The KLE-6 subunit consists of approximately 167,849 ac
(67,926 ha) in Jackson County, Oregon, and Siskiyou County, California,
all of which are Federal lands managed by the BLM and USFS per the NWFP
(USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats to the
essential physical or biological features from current and past timber
harvest, losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function primarily for north-south connectivity between subunits,
but also for demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 97 percent of the area of KLE-6 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
KLE-7. The KLE-7 subunit consists of approximately 66,078 ac
(26,741 ha) in Siskiyou County, California, all of which are Federal
lands managed by the BLM and USFS per the NWFP (USDA and USDI 1994,
entire). Special management considerations or protection are required
in this subunit to address threats to the essential physical or
biological features from current and past timber harvest, losses due to
wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This subunit is expected to function for
demographic support and also for connectivity across the landscape.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 96 percent of the area of KLE-7 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
Unit 11: Interior California Coast (ICC)
Unit 11 contains 941,568 ac (381,039 ha) and eight subunits. This
unit consists of the Northern California Coast Ranges ecological
Section M261B, based on section descriptions of forest types from
Ecological Subregions of the United States (McNab and Avers 1994c,
Section M261B), and differs markedly from the adjacent redwood coast
region. Marine air moderates winter climate, but precipitation is
limited by rainshadow effects from steep elevational gradients (328 to
7,847 ft (100 to 2,400 m)) along a series of north-south trending
mountain ridges. Due to the influence of the adjacent Central Valley,
summer temperatures in the interior portions of this region are among
the highest within the northern spotted owl's range. Forest communities
tend to be relatively dry mixed-conifer, blue and Oregon white oak, and
the Douglas-fir tanoak series. Northern spotted owl habitat within this
region is poorly known; there are no Demographic Study Areas (DSAs--
areas within forested habitats specifically surveyed to determine
northern spotted owl occupation and density), and few studies have been
conducted here. Northern spotted owl habitat and occupancy data
obtained during this project suggests that some northern spotted owls
occupy steep canyons dominated by live oak and Douglas-fir. The
distribution of dense conifer habitats most suitable for the northern
spotted owl is limited to higher elevations on the Mendocino National
Forest.
Subunit Descriptions--Unit 11
ICC-1. The ICC-1 subunit consists of approximately 332,042 ac
(134,372 ha) in Humboldt, Trinity, Shasta, and Tehama Counties,
California, all of which are Federal lands managed by the BLM and the
USFS per the NWFP (USDA and USDI 1994, entire). Special management
considerations or protection are required in this subunit to address
threats to the essential physical or biological features from current
and past timber harvest, losses due to wildfire and the effects on
vegetation from fire exclusion, and competition with barred owls. This
subunit is expected to function primarily for demographic support, but
also for connectivity between subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 97 percent of the area of ICC-1 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern
[[Page 71936]]
spotted owl habitat is necessary to provide for viable populations of
northern spotted owls over the long term by providing for population
growth, successful dispersal, and buffering from competition with the
barred owl.
ICC-2. The ICC-2 subunit consists of approximately 204,400 ac
(82,718 ha) in Humboldt and Trinity Counties, California, all of which
are Federal lands managed by the BLM and the USFS per the NWFP (USDA
and USDI 1994, entire). Special management considerations or protection
are required in this subunit to address threats to the essential
physical or biological features from current and past timber harvest,
losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function primarily for demographic support, but also for
connectivity between subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 98 percent of the area of ICC-2 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ICC-3. The ICC-3 subunit consists of approximately 103,971 ac
(42,035 ha) in Trinity, Tehama, and Mendocino Counties, California, all
of which are Federal lands managed by the BLM and the USFS per the NWFP
(USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats to the
essential physical or biological features from current and past timber
harvest, losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function primarily for demographic support, but also for north-south
connectivity between subunits.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 89 percent of the area of ICC-3 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ICC-4. The ICC-4 subunit consists of approximately 120,997 ac
(48,966 ha) in Mendocino, Glenn, and Colusa Counties, California, all
of which are Federal lands managed by the BLM and USFS per the NWFP
(USDA and USDI 1994, entire). Special management considerations or
protection are required in this subunit to address threats to the
essential physical or biological features from current and past timber
harvest, losses due to wildfire and the effects on vegetation from fire
exclusion, and competition with barred owls. This subunit is expected
to function primarily for demographic support.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 93 percent of the area of ICC-4 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ICC-5. The ICC-5 subunit consists of approximately 34,957 ac
(14,147 ha) in Lake and Mendocino Counties, California, all of which
are Federal lands managed by the USFS and BLM per the NWFP (USDA and
USDI 1994, entire). Special management considerations or protection are
required in this subunit to address threats to the essential physical
or biological features from current and past timber harvest, losses due
to wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This subunit is expected to function
primarily for demographic support, but also for connectivity between
subunits and critical habitat units.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 78 percent of the area of ICC-5 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ICC-6. The ICC-6 subunit consists of approximately 2,072 ac (839
ha) of State and Federal lands in Napa and Sonoma Counties, California.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 90 percent of the
[[Page 71937]]
area of ICC-6 was covered by verified northern spotted owl home ranges
at the time of listing. When combined with likely occupancy of suitable
habitat and occupancy by nonterritorial owls and dispersing subadults,
we consider this subunit to have been largely occupied at the time of
listing. In addition, there may be some smaller areas of younger forest
within the habitat mosaic of this subunit that were unoccupied at the
time of listing. We have determined that all of the unoccupied and
likely occupied areas in this subunit are essential for the
conservation of the species to meet the recovery criterion that calls
for the continued maintenance and recruitment of northern spotted owl
habitat (USFWS 2011, p. ix). The increase and enhancement of northern
spotted owl habitat is necessary to provide for viable populations of
northern spotted owls over the long term by providing for population
growth, successful dispersal, and buffering from competition with the
barred owl.
ICC-7. The ICC-7 subunit consists of approximately 119,742 ac
(48,458 ha) in Trinity and Shasta Counties, California, all of which
are Federal lands managed by the BLM and USFS per the NWFP (USDA and
USDI 1994, entire). Special management considerations or protection are
required in this subunit to address threats to the essential physical
or biological features from current and past timber harvest, losses due
to wildfire and the effects on vegetation from fire exclusion, and
competition with barred owls. This subunit is expected to function both
for demographic support and for east-west connectivity between subunits
in an area of sparse Federal ownership.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 73 percent of the area of ICC-7 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
ICC-8. The ICC-8 subunit consists of approximately 83,376 ac
(33,742 ha) in Siskiyou and Shasta Counties, California, all of which
are Federal lands managed by the BLM and the USFS per the NWFP (USDA
and USDI 1994, entire). Special management considerations or protection
are required in this subunit to address threats from current and past
timber harvest, losses due to wildfire and the effects on vegetation
from fire exclusion, and competition with barred owls. This subunit is
expected to function both for demographic support and for connectivity
between subunits in an area of sparse Federal ownership.
Our evaluation of sites known to be occupied at the time of listing
indicates that approximately 84 percent of the area of ICC-8 was
covered by verified northern spotted owl home ranges at the time of
listing. When combined with likely occupancy of suitable habitat and
occupancy by nonterritorial owls and dispersing subadults, we consider
this subunit to have been largely occupied at the time of listing. In
addition, there may be some smaller areas of younger forest within the
habitat mosaic of this subunit that were unoccupied at the time of
listing. We have determined that all of the unoccupied and likely
occupied areas in this subunit are essential for the conservation of
the species to meet the recovery criterion that calls for the continued
maintenance and recruitment of northern spotted owl habitat (USFWS
2011, p. ix). The increase and enhancement of northern spotted owl
habitat is necessary to provide for viable populations of northern
spotted owls over the long term by providing for population growth,
successful dispersal, and buffering from competition with the barred
owl.
IX. Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or
determinations of designated critical habitat of such species.
Decisions by the Fifth and Ninth Circuit Courts of Appeals have
invalidated our regulatory definition of ``destruction or adverse
modification'' (50 CFR 402.02) (Gifford Pinchot Task Force v. U.S. Fish
and Wildlife Service, 378 F. 3d 1059 (9th Cir. 2004); Sierra Club v.
U.S. Fish and Wildlife Service., 245 F.3d 434, 442 (5th Cir. 2001)),
and we do not rely on this regulatory definition when analyzing whether
an action is likely to destroy or adversely modify critical habitat.
Under the statutory provisions of the Act, we determine destruction or
adverse modification on the basis of whether, with implementation of
the proposed Federal action, the affected critical habitat would
continue to serve its intended conservation function or purpose for the
species.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with the Service. Examples of actions that are subject to
the section 7 consultation process are actions on State, Indian, local,
or private lands that require a Federal permit (such as a permit from
the U.S. Army Corps of Engineers under section 404 of the Clean Water
Act (33 U.S.C. 1251 et seq.) or a permit from the Service under section
10 of the Act) or that involve some other Federal action (such as
funding from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat, and actions
on State, Indian, local, or private lands that are not federally funded
or federally authorized do not require section 7 consultation.
Section 7 consultation results in issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, and
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 50 CFR 402.02) as alternative actions identified
during consultation that:
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(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Director's opinion, avoid the likelihood of
jeopardizing the continued existence of the listed species and/or avoid
the likelihood of destroying or adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected, and the Federal agency has retained discretionary
involvement or control over the action, or the agency's discretionary
involvement or control is authorized by law. Consequently, Federal
agencies sometimes may need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.
Determinations of Adverse Effects and Application of the ``Adverse
Modification'' Standard
The key factor involved in the destruction/adverse modification
determination for a proposed Federal agency action is whether the
affected critical habitat would continue to serve its intended
conservation function or purpose for the species with implementation of
the proposed action after taking into account any anticipated
cumulative effects (USFWS 2004, in litt. entire). Activities that may
destroy or adversely modify critical habitat are those that alter the
physical or biological features to an extent that appreciably reduces
the conservation value of critical habitat for the northern spotted
owl. As discussed above, the role of critical habitat is to support
life-history needs of the species and provide for the conservation of
the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that may affect critical habitat, when carried out,
funded, or authorized by a Federal agency, should result in
consultation for the northern spotted owl under section 7(a)(2) of the
Act. In general, there are five possible outcomes in terms of how
proposed Federal actions may affect the PCEs or physical or biological
features of northern spotted owl critical habitat or essential habitat
qualities associated with that critical habitat area: (1) No effect;
(2) wholly beneficial effects (e.g., improve habitat condition); (3)
both short-term adverse effects and long-term beneficial effects; (4)
insignificant or discountable adverse effects; or (5) wholly adverse
effects. Actions with no effect on the PCEs and physical or biological
features of occupied areas or the essential habitat qualities in
unoccupied areas do not require section 7 consultation, although such
actions may still require consultation if they have effects on the
species itself as a result of its status as a threatened species under
the Act. Actions with effects to the PCEs, physical or biological
features, or other essential habitat qualities of northern spotted owl
critical habitat that are discountable, insignificant, or wholly
beneficial would be considered not likely to adversely affect critical
habitat, and do not require formal consultation if the Service concurs
in writing with that Federal action agency determination. Actions that
are likely to adversely affect the physical or biological features or
other essential habitat qualities of northern spotted owl critical
habitat require formal consultation and the preparation of a Biological
Opinion by the Service. The Biological Opinion sets forth the basis for
our section 7(a)(2) determination as to whether the proposed Federal
action is likely to destroy or adversely modify northern spotted owl
critical habitat.
Activities that may destroy or adversely modify critical habitat
are those that alter the essential physical or biological features or
other essential habitat qualities of the critical habitat to an extent
that appreciably reduces the conservation value of the critical habitat
for the listed species. As discussed above, the conservation role or
value of northern spotted owl critical habitat is to adequately support
the life-history needs of the species to the extent that well-
distributed and interconnected northern spotted owl nesting populations
are likely to persist within properly functioning ecosystems at the
critical habitat unit and range-wide scales.
Proposed Federal actions that may affect northern spotted owl
critical habitat will trigger the consultation requirements under
section 7 of the Act and compliance with the section 7(a)(2) standard
described above. The consultation process evaluates the effects of a
proposed action to designated critical habitat regardless of the
species' presence or absence. For an action that may affect critical
habitat, the next step is to determine whether it is likely to
adversely affect critical habitat. For example, where a project is
designed to reduce fuels such that the effect of wildfires will be
reduced, but will also reduce foraging opportunities within treatment
areas, established interagency consultation teams should determine
whether the proposed project has more than an insignificant impact on
the foraging PCEs for northern spotted owls. A localized reduction in
foraging habitat within a stand may have such an insignificant impact
on foraging PCEs within the stand that a not likely to adversely affect
determination is appropriate. Similarly, a hazard tree removal project
in a stand with many suitable nest trees may have such a minimal
reduction in nesting PCEs of that stand that the effect to nesting
habitat is insignificant. In such a case, a ``not likely to adversely
affect'' determination would be appropriate.
For actions that are likely to adversely affect critical habitat,
the agencies will enter into formal consultation. At this stage of
consultation, scale and context are especially important in evaluating
the potential effects of forest management on northern spotted owl
habitat. The degree to which various forest management activities are
likely to affect the capability of the critical habitat to support
northern spotted owl nesting, roosting, foraging, or dispersal will
vary depending on factors such as the scope and location of the action,
and the quantity of the critical habitat affected. In addition, in
analyzing whether an action will likely destroy or adversely modify
critical habitat, the effects of the action on the factors that were
the basis for determining the area to meet the definition of critical
habitat should be considered.
In general, we would anticipate that management actions that are
consistent with the overall purpose for which a critical habitat unit
was designated would not likely destroy or adversely modify critical
habitat as those terms are used in the context of section 7(a)(2) of
the Act. Such actions include activities whose intent is to restore
ecological processes or long-term forest health to
[[Page 71939]]
forested landscapes that contain northern spotted owl habitat, such as
those actions described in the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011) and elsewhere in this document. However, each
proposed action will be considered on a case-by-case basis.
Section 7 Process Under This Critical Habitat Rule
The Presidential Memo, dated February 28, 2012 (77 FR 12985; March
5, 2012), directed the Service to address six action items in the final
revised critical habitat rule for the northern spotted owl. One item in
the Memo called for the Service to develop clear direction ``for
evaluating logging activity in areas of critical habitat, in accordance
with the scientific principles of active forestry management and to the
extent permitted by law.'' The following summarizes the evaluation
process for logging activities in areas of northern spotted owl
critical habitat under section 7 of the Act and its implementing
regulations, and our plans for close coordination with the land
management agencies to best meet the dual goals of recovering the
northern spotted owl and managing our public forest lands for multiple
use.
Coordination With Land Management Agencies
The Service is committed to working closely with the U.S. Forest
Service and BLM to implement the active management and ecological
forestry concepts discussed in the Revised Recovery Plan and this
critical habitat rule. Both recommend that land managers use the best
science to maintain and restore forest health and resilience in the
face of climate change and other challenges.
To meet this goal, we have prioritized the timely review of
forestry projects that will be proposed in critical habitat. We have
already completed section 7 conference opinions on the proposed rule
with the agencies, and have recently held interagency coordination
meetings with the section 7 Level 1 staff in Oregon, Washington, and
California. In these meetings, we identified ways to streamline the
section 7 process to ensure that potential projects can be implemented
in a timely manner consistent with northern spotted owl conservation.
We are also closely involved in and supportive of the respective Forest
Service and BLM landscape-level planning efforts currently underway,
and will work with the agencies to incorporate the conservation
planning recommended in the Revised Recovery Plan and discussed in this
final critical habitat designation.
Finally, appropriate Service staff have been directed that all
levels of management and field teams stay fully engaged in this process
to ensure these commitments are met.
Determining Whether an Action Is Likely to Adversely Affect Critical
Habitat
The 1992 northern spotted owl critical habitat rule (57 FR 1796;
January 15, 1992) identified the primary constituent element (PCE) as
the fundamental scale of analysis at which the ``evaluation of actions
that may affect critical habitat for the northern spotted owl'' should
occur. Those elements included nesting, roosting, foraging and
dispersal habitats. In the 2008 northern spotted owl critical habitat
rule (73 FR 47326; August 13, 2008), the forested stand is identified
as the appropriate scale for determining whether an action was likely
to adversely affect northern spotted owl critical habitat. The 2012
proposed revised critical habitat rule identified a 500-ac (200-ha)
circle as a logical scale for determining the effects of a timber sale
to critical habitat because research shows northern spotted owls
respond more favorably to an area larger than a single tree when
choosing where to live.
However, there are many variables to be considered when determining
whether the effects to critical habitat are adverse or not. When making
a determination as to whether an action is likely to adversely affect
critical habitat, and thus require formal consultation, it is not
possible to design a ``one size fits all'' set of rules due to
differences in project types, habitat types, and habitat needs across
the range of the species (Fontaine and Kennedy 2012, p. 1559). This
determination should be conducted at a scale that is relevant to the
northern spotted owl life-history functions supplied by the PCEs and
affected by the project. We note that this more localized scale differs
from that used in determining whether an action will destroy or
adversely modify critical habitat, which is made at the scale of the
designated critical habitat, as described further below.
Northern spotted owl critical habitat PCE 4 (habitat to support the
transience and colonization phases of dispersal) provides a life-
history need that functions at a landscape-level scale and should be
assessed at a larger scale than the other PCEs. Potential scales of
analysis include the local watershed (e.g., fifth-field watershed) or
subwatershed (e.g., sixth-field watershed), a dispersal corridor, or a
relevant landform. Both PCE 2 (habitat that provides for nesting and
roosting) and PCE 3 (habitat that provides for foraging) provide life-
history needs that function at a more localized landscape, which should
help inform the scale at which the determination of whether an action
will likely adversely affect critical habitat should be conducted. We
encourage the level one consultation teams to tailor this scale of the
effects determination to the localized biology of the life-history
needs of the northern spotted owl (such as the stand scale, a 500-ac
(200-ha) circle, or other appropriate, localized scale).
If a project produces an effect on critical habitat that is wholly
beneficial, insignificant, or discountable, then the project is not
likely to adversely affect critical habitat, and consultation would be
concluded with a letter of concurrence. Wholly beneficial effects
include those that actively promote the development or improve the
functionality of critical habitat for the northern spotted owl without
causing adverse effects to the PCEs. Such actions might involve
variable-density thinning in forest stands that do not currently
support nesting, roosting, or foraging habitat for the northern spotted
owl, which would speed the development of these types of habitats,
while maintaining dispersal habitat function. Thinning or other
treatments in young plantations that are specifically designed to
accelerate the development of owl habitat, and either are in areas that
do not provide dispersal habitat or where the effects to dispersal
capability would be insignificant or discountable, would also fall into
the ``not likely to adversely affect'' category. While these wholly
beneficial actions may affect critical habitat and would, therefore,
require consultation under section 7 of the Act, they most likely would
be completed via an informal consultation with a determination that
they are not likely to adversely affect critical habitat.
Likewise, if the adverse effects of a proposed Federal action on
the life-history needs supported by physical or biological features of
northern spotted owl critical habitat are expected to be discountable
or insignificant, that action would also be considered not likely to
adversely affect northern spotted owl critical habitat. In such cases,
the section 7 consultation requirements can also be satisfied through
the informal concurrence process. Examples of such actions may include:
Pre-commercial or commercial thinning that does not delay the
development of essential physical or biological features; fuel-
reduction treatments that have a negligible effect on northern spotted
owl foraging habitat
[[Page 71940]]
within the stand; and the removal of hazard trees, where the removal
has an insignificant effect on the capability of the stand to provide
northern spotted owl nesting opportunities.
Some proposed Federal forest management activities may have short-
term adverse effects and long-term beneficial effects on the physical
or biological features of northern spotted owl critical habitat. The
Revised Recovery Plan for the Northern Spotted Owl recommends that land
managers actively manage portions of both moist and dry forests to
improve stand conditions and forest resiliency, which should benefit
the long-term recovery of the northern spotted owl (USFWS 2011, p. III-
11). For example, variable thinning in single-story, uniform forest
stands to promote the development of multistory structure and nest
trees may result in short-term adverse impacts to the habitat's current
capability to support owl dispersal and foraging, but have long-term
benefits by creating higher quality habitat that will better support
territorial pairs of northern spotted owls. Such activities would have
less impact in areas where foraging and dispersal habitat is not
limiting, and ideally can be conducted in a manner that minimizes
short-term negative impacts. Even though they may have long-term
beneficial effects, if they have short-term adverse effects, such
actions may adversely affect critical habitat, and would require formal
consultation under section 7 of the Act. For efficiency, such actions
may be evaluated under section 7 programmatically at the landscape
scale (e.g., USFS or BLM District).
Habitat conditions in moist/wet and dry/fire-prone forests within
the range of the northern spotted owl vary widely, as do the types of
management activities designed to accelerate or enhance the development
of northern spotted owl habitat. ``Wet'' and ``dry'' are ends of a
spectrum, not distinct categories that adequately describe the full
range of forest types within the range of the northern spotted owl.
Because these categories are broad, and conditions on the ground are
more variable, land managers and cooperators should have the
expectation that multiple forest types may be involved, and similar
projects in different forest types may not always lead to the same
effect determination for purposes of compliance with section 7 of the
Act.
To make effects determinations, we recommend generating area-
specific maps showing the current habitat condition (such as types of
habitat, known nest trees, or other feature) and, using information on
the proposed action (such as location, type and intensity of harvest,
location of new roads and landings, or other proposed activity
effects), produce a post-project habitat map such that the pre- and
post-project comparison of the PCEs can be assessed. We also recommend
the cooperative development of a spatial and temporal framework for
evaluating the impact of both the short- and long-term effects of the
proposed activities on the northern spotted owl. Framework examples
include a landscape assessment or a checklist of key questions the
answers to which will illustrate how the project will impact the
northern spotted owl (see Spies et al. 2012, p. 11, for an example).
Determining Whether an Action Will Destroy or Adversely Modify Critical
Habitat
If the effects of the project have more than an insignificant or
discountable impact on the ability of the PCEs to provide life-history
functions for the northern spotted owl, then the project is likely to
adversely affect northern spotted owl critical habitat, and formal
consultation is warranted. For projects that will adversely affect
critical habitat, it is the Service's responsibility to conduct an
analysis of whether the action is likely to ``destroy or adversely
modify critical habitat'' during the formal consultation process. As
discussed below, the determination of whether an action is likely to
destroy or adversely modify critical habitat is made at the scale of
the entire critical habitat network. However, a proposed action that
compromises the capability of a subunit or unit to fulfill its intended
conservation function or purpose could represent an appreciable
reduction in the conservation value of the entire designated critical
habitat. Therefore, the biological opinion should describe the
relationship between the conservation role of the action area, affected
subunits, units, and the entire designated critical habitat. This
analysis must incorporate all direct and indirect effects and any
cumulative effects from the project within the action area. If, after
the formal consultation analysis, it is determined that the proposed
project will not destroy or adversely modify critical habitat, then the
action can be conducted.
Factors to consider in evaluating whether activities, including
timber harvest, are likely to destroy or adversely modify critical
habitat pursuant to section 7 include:
The extent of the proposed action, both its temporal and
spatial scale, relative to the critical habitat subunit and unit within
which it occurs, and the entire critical habitat network.
The specific purpose for which the affected subunit was
identified and designated as critical habitat.
The cumulative effects of all completed activities in the
critical habitat unit.
The impact of the proposed action on the ability of the
affected critical habitat to continue to support the life-history
functions supplied by the PCEs.
The impact of the proposed action on the subunit's
likelihood of serving its intended conservation function or purpose.
The impact of the proposed action on the unit's likelihood
of continuing to contribute to the conservation of the species.
The overall consistency of the proposed action with the
intent of the recovery plan or other landscape-level conservation
plans.
The special importance of project scale and context in
evaluating the potential effects of timber harvest to northern spotted
owl critical habitat.
The first step is to describe the impacts to critical habitat in
the action area with respect to the subunit's intended functions as
identified in this rule. For example, if a particular subunit was
designated to support northern spotted owl connectivity between
subunits, then the loss or impact to connectivity must be assessed.
Subunits that are expected to provide demographic support should be
assessed for their ability to continue to support northern spotted owl
nesting territories in conditions suitable for occupancy by pairs of
owls (e.g., amount and location of nesting habitat, proximity of
foraging habitat, etc.). The analysis should describe the extent to
which the project is expected to prevent, preclude, or significantly
impair the ability of that subunit to meet its intended function. The
analysis should not incorporate the effect of the proposed action on
individual northern spotted owls but, instead, on the life-history
functions supplied by the PCEs and the physical biological features.
Effects to northern spotted owls should be included in the effects to
the species section of a biological opinion, as appropriate.
The analysis in a biological assessment or a biological opinion
should include an evaluation of the type, frequency, magnitude, and
duration of impacts likely to be caused by the action on the PCEs of
the action area, affected subunits and critical habitat units, and an
assessment of how those impacts are likely to influence the capability
of the affected critical habitat
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units to provide for a well-distributed and self-sustaining northern
spotted owl population. The analysis in a biological assessment or a
biological opinion of cumulative effects on critical habitat should
include a similar assessment for any future, non-Federal actions
reasonably certain to occur in the action area, and at the level of the
affected subunits and critical habitat units.
Consideration of the effects of the action, together with any
cumulative effects, will form the basis for the biological opinion's
determination as to whether the action will destroy or adversely modify
critical habitat. In accordance with Service policy, the adverse
modification determination is made at the scale of the entire
designated critical habitat, unless the critical habitat rule
identifies another basis for the analysis (FWS and NMFS 1998). The
adverse modification determination for the northern spotted owl will
occur at the scale of the entire designated critical habitat, as
described below, with consideration given to the need to conserve
viable populations within each of the recovery units identified in the
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011,
Recovery Criterion 2).
It is important to note that although the adverse modification
determination is made at the scale of the entire designated critical
habitat, a proposed action that compromises the capability of a subunit
or unit to fulfill its intended conservation function or purpose could
represent an appreciable reduction in the conservation value of the
entire designated critical habitat. Therefore, the biological opinion
should describe the relationship between the conservation role of the
action area, affected subunits, units, and the entire designated
critical habitat. In this way, the biological opinion establishes a
sensitive analytical framework for informing the determination of
whether a proposed action is likely to appreciably reduce the
conservation role of critical habitat overall.
The Service has assured the BLM and FS that it is committed to
working closely with them to evaluate and implement active management
and ecological forestry concepts of the recovery plan and critical
habitat rule into potential timber management projects. Both documents
recommend that land managers use the best science to maintain and
restore forest health and resilience in the face of climate change and
other challenges.
To meet this goal we have prioritized the timely review of forestry
projects that will be proposed in critical habitat. We have already
completed section 7 conference opinions on the proposed rule with
several of your units, and we have recently held interagency
coordination meetings with the section 7 Level 1 staff in Oregon,
Washington, and California. In these meetings, we identified ways to
streamline the section 7 process to ensure that potential projects can
be implemented in a timely manner consistent with northern spotted owl
conservation. We are also closely involved in and supportive of the
respective FS and BLM landscape-level planning efforts currently
underway and will work with you to incorporate the conservation
planning reflected in the revised recovery plan and the final critical
habitat designation.
Finally, appropriate Service staff have been directed that all
levels of management and field teams--from Level 1 biologists up to the
Assistant Regional Director--stay fully engaged in this process to
ensure these commitments are met. Any problems or disagreement should
be promptly elevated and resolved.
Within dry forests, the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011) emphasizes active forest management that could
meet overlapping goals of northern spotted owl conservation, climate
change response, and restoration of dry forest ecological structure,
composition, and process, including wildfire and other disturbances
(USFWS 2011, pp. III-20). For the rest of the northern spotted owl's
range that is not fire-prone, the Revised Recovery Plan emphasizes
habitat management that accelerates the development of future habitat,
restores larger habitat blocks, and reduces habitat fragmentation. The
following discussion describes the type of management approaches that
would be consistent with the Revised Recovery Plan in the West
Cascades/Coast Ranges of Oregon and Washington, East Cascades, and the
Redwood Coast zones, and in some cases includes consideration of
possible corresponding effect determinations for activities
implementing these approaches, for the purpose of analyzing effects to
critical habitat under section 7 of the Act. The Klamath and Northern
California Interior Coast Ranges regions contain conditions similar to
the three regions discussed below, and similar management approaches
would be consistent with the recovery needs of the owl.
West Cascades/Coast Ranges of Oregon and Washington
The primary goal of the Revised Recovery Plan for this portion of
the northern spotted owl's range is to conserve stands that support
northern spotted owl occupancy or contain high-value northern spotted
owl habitat (USFWS 2011, p. III-17). Silvicultural treatments are
generally not needed to accomplish this goal. However, there is a
significant amount of younger forest that occurs between and around the
older stands, where silvicultural treatments may accelerate the
development of these stands into future northern spotted owl nesting
habitat, even if doing so temporarily degrades existing dispersal
habitat, as is recommended in Recovery Action 6 (USFWS 2011, p. III-
19). The Revised Recovery Plan encourages silviculture designed to
develop late-successional structural complexity and to promote
resilience (USFWS 2011, pp. III-17 to III-19). Restoration or
ecological prescriptions can help uniform stands of poor quality
develop more quickly into more diverse, higher quality northern spotted
owl habitat, and provide resiliency in the face of potential climate
change impacts in the future. Targeted vegetation treatments could
simultaneously increase canopy and age-class diversity, putting those
stands on a more efficient trajectory towards nesting and roosting
habitat, while reducing fuel loads. Introducing varying levels of
spatial heterogeneity, both vertically and horizontally, into forest
ecosystems can contribute to both of the goals stated above.
On matrix lands under the NWFP where land managers have a range of
management goals, the Service anticipates that not all forest
management projects in critical habitat will be focused on the
development or conservation of northern spotted owl habitat. Ideally,
proposed actions within critical habitat should occur on relatively
small patches of younger, mid-seral forest stands that do not cause
reductions in higher quality northern spotted owl habitat. They should
also be planned in such a way that their net occurrence on the regional
landscape is consistent with broader ecosystem-based planning targets
(e.g., Spies et al. 2007a, entire) to provide the physical or
biological features that are essential to the conservation of the
northern spotted owl. Within that context, thinning and targeted
variable-retention harvest in moist forests could be considered where
the conservation of complex early-seral forest habitat is a management
goal. This approach provides a contrast to traditional clearcutting
that does not mimic natural disturbance or create viable early-seral
communities that grow into high-quality habitat (Dodson et al. 2012, p.
353; Franklin et al. 2002,
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p. 419; Swanson et al. 2011, p. 123; Kane et al. 2011, pp. 2289-2290;
Betts et al. 2010, p. 2127, Hagar 2007, pp. 117-118). Swanson (2012,
entire) provides a good overview and some management considerations.
In cases where these moist forest treatments in matrix are intended
to meet management goals other than northern spotted owl conservation,
they can be designed to enable the development of northern spotted owl
habitat over time at the landscape scale. If planned well at this
scale, these projects may have short-term adverse effects, but are not
expected to adversely modify the role and function of critical habitat
units. In other words, such treatments can be dispersed across the
landscape and over time to both accommodate northern spotted owl
habitat needs and conservation of diverse and complex early-seral
habitat. Additional information about ecological forestry activities in
moist forests can be found in the Revised Recovery Plan under Northern
Spotted Owls and Ecological Forestry (USFWS 2011, p. III-11) and
Habitat Management in Moist Forests (USFWS 2011, p. III-17).
East Cascades
The Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011)
recommends that the dynamic, fire-prone portion of the northern spotted
owl's range be actively managed to conserve northern spotted owls, but
also address climate change and restore dry forest ecological
structure, composition, and processes (e.g., wildfire) to provide for
the long-term conservation of the species and its habitat in a dynamic
ecosystem (USFWS 2011, pp. III-13, III-20). To do this, management
actions should be considered to balance short-term adverse effects with
long-term beneficial effects. In some cases, formal consultation on the
effects of dry forest management activities on northern spotted owl
critical habitat is likely to occur; in other cases, there may be no
adverse effects and consultation can be concluded informally.
Management in dry forests should increase the likelihood that
northern spotted owl habitat will remain on the landscape longer and
develop as part of the dynamic fire- and disturbance-adapted community.
Several management approaches can be described for these systems. The
first is to maintain adequate northern spotted owl habitat in the near
term to allow owls to persist on the landscape in the face of threats
from barred owl expansion and habitat alterations from fire and other
disturbances. The next is to restore landscapes that are resilient to
fire and other disturbances, including those projected to occur with
climate change. This will require more than reducing fuels and thinning
trees to promote low-severity fires; management will need to develop
``more natural patterns and patch size distributions of forest
structure, composition, fuels, and fire regime area'' (Hessburg et al.
2007, p. 21).
Our prime objective for vegetation management activities within
northern spotted owl critical habitat is to maintain adequate amounts
of nesting, roosting, foraging, or dispersal habitat where it currently
exists, and to restore degraded habitat where it is essential to the
owl and can be best sustained on the landscape, as recommended in the
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011, Section
III). Successfully accomplishing these objectives can be facilitated by
spatially and temporally explicit landscape assessments that identify
areas valuable for northern spotted owl conservation and recovery, as
well as areas important for process restoration (e.g., Prather et al.
2008, p. 149; Franklin et al. 2008, p. 46; Spies et al. 2012, entire).
Such assessments could answer questions that are frequently asked about
proposed forest management activities, namely ``why here?'' and ``why
now?'' Providing well-reasoned responses to these questions becomes
especially important when restoration activities degrade or remove
existing northern spotted owl habitat. By scaling up conservation and
restoration planning from the stand to the landscape level, many
apparent conflicts may disappear because management actions can be
prioritized and spatially partitioned (Prather et al. 2008, p. 149;
Rieman et al. 2010, p. 464). For example, portions of the landscape can
be identified where there may be no conflict between objectives, and
where relatively aggressive approaches to ecosystem restoration can
occur without placing listed species at substantial risk (Prather et
al. 2008, pp. 147-149; Gaines et al. 2010, pp. 2049-2050). Conflicts
between objectives will remain in some locations, such as in places
where removing younger, shade-intolerant conifers to reduce competition
with larger, legacy conifers may result in a substantial decrease in
canopy cover that translates into a reduction in northern spotted owl
habitat quality. However, when this sort of treatment is well designed,
strategically located, and justified within a landscape approach to
treatments, it is easier to assess its effectiveness in meeting both
owl conservation and forest restoration needs.
Landscape assessments developed at the scale of entire National
Forests, Ranger Districts, or BLM Districts have the broad perspective
that can improve ability to estimate effects of management activities
on the function of critical habitat and better identify and prioritize
treatment areas and the actions that will restore landscapes while
conserving northern spotted owl habitat. The Okanogan-Wenatchee
National Forest has developed a landscape evaluation process as part of
their forest restoration strategy (USDA 2010, pp. 36-52) that can serve
as an example for other administrative units when developing their own
assessment approaches. We suggest that the value of such assessments in
guiding vegetation management within critical habitat can be enhanced
by spatially identifying locations where restoration objectives and
northern spotted owl habitat objectives converge, are in conflict, or
simply are not an issue (see, e.g., Davis et al. 2012, entire). We
suggest the following approach for the East Cascades:
1. Spatially identify and map:
a. Existing northern spotted owl habitat and northern spotted owl
nesting sites.
b. Places on the landscape where northern spotted owl habitat is
expected to be retained longer on the landscape in the face of
disturbance activities such as fire and insect outbreaks.
c. Places on the landscape where key ecosystem structures and
processes are at risk and would benefit from restoration (e.g. legacy
trees, unique habitats).
2. Overlay what is known about landscape patterns of vegetation and
disturbance processes with items from step 1 above to determine:
a. Stands of high restoration value but low value as existing
northern spotted owl habitat.
b. Stands of low restoration value but high value as existing
northern spotted owl habitat.
c. Stands of low restoration value and low value as existing
northern spotted owl habitat.
d. Stands of high restoration value and high value as existing
northern spotted owl habitat.
In locations where there is high restoration value and high value
as existing northern spotted owl habitat, a landscape assessment can
help to build a strong rationale for impacting owl habitat
functionality to achieve broader landscape goals. Conditions that may
support management activities in these
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stands may include, but are not limited to the following:
1. The patch of habitat is located in an area where it is likely
unsustainable and has the potential for conveying natural disturbances
across the landscape in ways that jeopardize large patches of suitable
northern spotted owl habitat.
2. There are nearby areas that are more likely to sustain suitable
northern spotted owl habitat and are either currently habitat or will
likely develop suitable conditions within the next 30 years.
3. The patch of habitat does not appear to be associated with a
northern spotted owl home range or to promote successful dispersal
between existing home ranges.
4. The area will still retain some habitat function after
treatment, while still meeting the intended restoration objective. For
example, stands that are suitable as foraging habitat may be degraded
post treatment but remain foraging habitat after treatment. Or, stands
may be downgraded to dispersal habitat as a result of treatment.
We do not expect the desired landscape conditions will be achieved
within the next decade or two; a longer time will be required as
younger forests develop into northern spotted owl nesting, roosting,
and foraging habitat. In the interim, we recommend that land managers
consider management actions to protect current habitat, especially
where it occurs in larger blocks on areas of the landscape, where it is
more likely to be resistant or resilient to fires and other disturbance
agents. We also encourage land managers to consider actions to
accelerate the restoration of habitat, especially where it is
consistent with overall forest restoration and occurs in those portions
of the landscape that are less fire prone or are resilient in the face
of these disturbances. The careful application of these types of
activities is expected to achieve a landscape that is more resilient to
future disturbances. As such, we anticipate that projects designed to
achieve this goal will need to be of a larger spatial scale as to have
a meaningful effect on wildfire behavior, regimes, and extent. The
effects of these projects will vary depending on existing condition,
prescriptions, proximity of habitat, and other factors. It is likely
that such projects may affect northern spotted owl critical habitat and
require section 7 consultation.
Some situations also exist in the final critical habitat area where
northern spotted owl habitat has been created through fire suppression
activities (e.g., meadow conversion, white fir intrusion), but
retention of those forested habitat elements is contrary to the overall
goals of ecosystem restoration and long-term security for the owl.
Restoration projects that modify these elements, while sometimes
prudent and recommended (Franklin et al. 2008, p. 46), may adversely
affect northern spotted owls or their critical habitat, and may need to
be evaluated through the section 7 consultation process. Additional
information about restoration activities in dry forests can be found in
the Revised Recovery Plan for the Northern Spotted Owl under Restoring
Dry Forest Ecosystems (USFWS 2011, p. III-32).
Redwood Coast
While the Redwood Coast region of coastal northern California is
similar to the West Cascades/Coast region in many respects, there are
some distinct differences in northern spotted owl habitat use and diet
within this zone. The long growing season, combined with the redwood's
ability to resprout from stumps, allows redwood stands to attain
suitable stand structure for nesting in a relatively short period of
time (40 to 60 years) if legacy structures are present. In contrast to
the large, contiguous, older stands desired in other wet provinces,
some degree of fine-scale fragmentation in redwood forests appears to
benefit northern spotted owls. These openings provide habitat for the
northern spotted owl's primary prey, the dusky-footed woodrat. High
woodrat abundance is associated with dense shrub and hardwood cover
that persists for up to 20 years in recent forest openings created by
harvesting or burns. Under dense shrub and hardwood cover, woodrats can
forage, build nests, and reproduce, relatively secure from owl
predation. These sites quickly become overpopulated, and surplus
individuals are displaced into adjacent older stands where they become
available as owl prey. When developing stands reach an age of around 20
years, understory vegetation is increasingly shaded-out, cover and food
sources become scarce, and woodrat abundance declines rapidly. By this
time, the stand that once supported a dense woodrat population makes a
structural transition into a stand where woodrats are subject to
intense owl predation. In northern spotted owl territories within the
Redwood Forest zone, active management that creates small openings
within foraging habitat can enhance northern spotted owl foraging
opportunities and produce or retain habitat suitability in the short
term. Actions consistent with this type of land management are not
expected to adversely modify critical habitat.
Summary of Section 7 Process
This discussion has covered projects that may or may not require
formal section 7 consultation. It is important to distinguish between a
finding that a project is likely to adversely affect critical habitat
and a finding at the conclusion of formal consultation that a project
is likely to destroy or adversely modify critical habitat; these are
two very different outcomes. It is not uncommon for a proposed project
to be considered likely to adversely affect critical habitat, and thus
require formal consultation, but still warrant a conclusion that it
will not destroy or adversely modify critical habitat. An action may
destroy or adversely modify critical habitat if it adversely affects
the essential physical or biological features to an extent that the
intended conservation function or purpose of critical habitat for the
northern spotted owl is appreciably reduced.
The adverse modification determination is made at the scale of the
entire designated critical habitat, unless the final critical habitat
rule identifies another basis for that determination, such as at the
scale of discrete units and/or groups of units necessary for different
life cycle phases, units representing distinctive habitat
characteristics or gene pools, or units fulfilling essential
geographical distribution requirements of the species (USFWS and NMFS
1998, p. 4-39). In the case of northern spotted owl critical habitat,
the adverse modification determination will be made at the scale of the
entire designated critical habitat. However, by describing the
relationship between the conservation role of affected subunits, units,
and the entire designated critical habitat in the biological opinion, a
sensitive analytical framework is established for informing the
determination of whether a proposed action is likely to appreciably
reduce the conservation role of the critical habitat overall. In this
way, a proposed action that compromises the capability of a subunit or
unit to fulfill its intended conservation function or purpose (e.g.,
demographic, genetic, or distributional support for northern spotted
owl recovery) could represent an appreciable reduction in the
conservation value of the entire designated critical habitat. This
approach should avoid false no-adverse-modification determinations,
when the functionality of a unit or subunit would actually be impaired
by a proposed action.
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As described above, in general, we do not anticipate that
activities consistent with the stated management goals or recommended
recovery actions of the Revised Recovery Plan for the Northern Spotted
Owl (USFWS 2011, Chapters II and III) would constitute adverse
modification of critical habitat, even if those activities may have
adverse effects in the short term, if the intended result over the long
term is an improvement in the function of the habitat to provide for
the essential life-history needs of the northern spotted owl. However,
such activities will be evaluated under section 7, taking into account
the specific proposed action, location, and other site-specific
factors.
X. Exemptions
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001. An INRMP integrates implementation of the military
mission of the installation with stewardship of the natural resources
found on the base. Each INRMP includes:
(1) An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed species;
(2) A statement of goals and priorities;
(3) A detailed description of management actions to be implemented
to provide for these ecological needs; and
(4) A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not
designate as critical habitat any lands or other geographical areas
owned or controlled by the Department of Defense, or designated for its
use, that are subject to an integrated natural resources management
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if
the Secretary determines, in writing, that such plan provides a benefit
to the species for which critical habitat is proposed for
designation.''
We consult with the military on the development and implementation
of INRMPs for installations with listed species. We analyzed INRMPs
developed by military installations located within the range of the
designated critical habitat designation for the northern spotted owl to
determine if they are exempt under section 4(a)(3) of the Act. The
following areas are Department of Defense lands with completed,
Service-approved INRMPs that fell within the area we proposed as
revised critical habitat (77 FR 14062; March 8, 2012).
Approved INRMPs
U.S. Army Joint Base Lewis-McChord
Joint Base Lewis-McChord (JBLM), formerly known as Fort Lewis, is
an 86,500-ac (35,000-ha) U.S. Army military reservation in western
Washington, south of Tacoma and the Puget Sound. JBLM contains one of
the largest remaining intact forest areas in the Puget Sound basin,
with approximately 54,400 ac (22,000 ha) of forests and woodlands,
predominantly of the dry Douglas-fir forest type and including some
moist forest types (Douglas-fir, red cedar, hemlock). The forested area
of JBLM is managed by the Base's Forestry Program, and the primary
mission for the JBLM Forest is to provide a variety of forested
environments for military training. JBLM has a history of applying an
ecosystem management strategy to their forests to provide for multiple
conservation goals, which have included promoting native biological
diversity, maintaining and restoring unique plant communities, and
developing late-successional (older) forest structure. There are 14,997
ac (6,069 ha) of lands within the boundary of JBLM that were identified
in the proposed critical habitat designation; these lands comprised
subunit NCO-3 in the proposed rule (77 FR 14062; March 8, 2012).
JBLM has an INRMP in place that was approved in 2008; JBLM is in
the process of updating that INRMP. To date, JBLM has managed their
forest lands according to their Forest Management Strategy, first
prepared for then-Fort Lewis in 1995 by the Public Forestry Foundation
based in Eugene, Oregon, in collaboration with The Nature Conservancy.
The Forest Management Strategy was last revised in May 2005, and is
also in the process of being updated (Forest Management Strategy 2005,
entire). However, in 2012, JBLM amended their existing INRMP with
specific regard to the northern spotted owl by completing an Endangered
Species Management Plan (ESMP) that includes guidelines for protecting,
maintaining, and enhancing habitat essential to support the northern
spotted owl on JBLM. The Service has found, in writing, that the
amended INRMP provides a net conservation benefit to the species.
The ESMP identifies management objectives for the conservation of
the northern spotted owl. Specifically, the ESMP includes three focus
areas for management of northern spotted owl. The long-term objective
for the first is development of all four types of owl habitat (nesting,
roosting, foraging, and dispersal). The long-term objectives for Focus
Areas 2 and 3 are development of owl foraging and dispersal habitat.
The primary conservation goals for northern spotted owl habitat on JBLM
are to protect and maintain existing northern spotted owl suitable
habitat; manipulate unsuitable habitat to suitable habitat; and ensure
long-term suitable habitat and monitor northern spotted owl habitat to
assure that goals are met and actions are successful. Although northern
spotted owls are not currently known to occupy JBLM, it is the only
significant Federal ownership in this region of Washington, and it
provides the largest contiguous block of forest in this area as well.
The potential development of suitable owl habitat at JBLM provides one
of the only feasible opportunities for establishing connectivity
between owl populations in the Olympic Peninsula and the western
Cascades Range. Connectivity allows gene flow between populations, and
further maintains northern spotted owl distribution and metapopulation
dynamics, which are important components of the recovery strategy for
the northern spotted owl (USFWS 2011, p. III-1, III-44). The Forest
Management Strategy (2005, p. 82) notes that the mosaic of dry forest,
woodland, and prairie at JBLM is very different from typical forest
landscapes that support northern spotted owls, and that while suitable
habitat for dispersal of northern spotted owls can be achieved in the
short term, at least 40 to 50 years may be needed to meet the desired
condition for foraging, nesting, and roosting habitat.
Based on the above considerations and in accordance with section
4(a)(3)(B)(i) of the Act, we have determined that the identified lands
are subject to the JBLM INRMP and that
[[Page 71945]]
conservation efforts identified in the INRMP through its ESMP for the
northern spotted owl will provide a benefit to the species occurring in
habitats within or adjacent to JBLM, including the northern spotted
owl. Therefore, lands within this installation are exempt from critical
habitat designation under section 4(a)(3) of the Act. We are not
including approximately 14,997 ac (6,069 ha) of habitat in this final
critical habitat designation as a result of this exemption.
XI. Exclusions
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary must designate
or make revisions to critical habitat on the basis of the best
available scientific data after taking into consideration the economic
impact, national security impact, and any other relevant impacts of
specifying any particular area as critical habitat. The Secretary may
exclude an area from critical habitat if he determines that the
benefits of such exclusion outweigh the benefits of specifying such
area as part of the critical habitat, unless he determines, based on
the best scientific data available, that the failure to designate such
area as critical habitat will result in the extinction of the species.
In making that determination, the statute on its face, as well as the
legislative history, are clear that the Secretary has broad discretion
regarding which factor(s) to use and how much weight to give to any
factor.
When considering the benefits of inclusion for an area, we consider
the additional regulatory benefits that area would receive from the
protection from adverse modification or destruction as a result of
actions with a Federal nexus; the educational benefits of mapping
essential habitat for recovery of the listed species; and any benefits
that may result from a designation due to State or Federal laws that
may apply to critical habitat.
When considering the benefits of exclusion, we consider, among
other things, whether exclusion of a specific area is likely to result
in the overall conservation of the northern spotted owl through the
continuation, strengthening, or encouragement of partnerships and the
implementation of management plans or programs that provide equal or
more conservation for the northern spotted owl than could be achieved
through a designation of critical habitat. The Secretary can consider
the existence of conservation agreements and other land management
plans with Federal, State, private, and tribal entities when making
decisions under section 4(b)(2) of the Act. The Secretary may also
consider relationships with landowners, voluntary partnerships, and
conservation plans, and weigh the implementation and effectiveness of
these against that of designation to determine which provides the
greatest conservation value to the listed species.
Consideration of relevant impacts of designation or exclusion under
section 4(b)(2) may include, but is not limited to, any of the
following factors: (1) Whether the plan provides specific information
on how it protects the species and the physical or biological features,
and whether the plan is at a geographical scope commensurate with the
species; (2) whether the plan is complete and will be effective at
conserving and protecting the physical or biological features; (3)
whether a reasonable expectation exists that conservation management
strategies and actions will be implemented, that those responsible for
implementing the plan are capable of achieving the objectives, that an
implementation schedule exists, and that adequate funding exists; (4)
whether the plan provides assurances that the conservation strategies
and measures will be effective (i.e., identifies biological goals, has
provisions for reporting progress, and is of a duration sufficient to
implement the plan); (5) whether the plan has a monitoring program or
adaptive management to ensure that the conservation measures are
effective; (6) the degree to which the record supports a conclusion
that a critical habitat designation would impair the benefits of the
plan; (7) the extent of public participation; (8) a demonstrated track
record of implementation success; (9) the level of public benefits
derived from encouraging collaborative efforts and encouraging private
and local conservation efforts; and (10) the effect designation would
have on partnerships.
After evaluating the benefits of inclusion and the benefits of
exclusion, we carefully weigh the two sides to determine whether the
benefits of excluding a particular area outweigh the benefits of its
inclusion in critical habitat. If we determine that the benefits of
excluding a particular area outweigh the benefits of its inclusion,
then the Secretary can exercise his discretion to exclude the area,
provided that the exclusion will not result in the extinction of the
species.
Under section 4(b)(2) of the Act, we must consider all relevant
impacts of the designation of critical habitat, including economic
impacts. In addition to economic impacts (discussed in the Economics
Analysis section, below), we considered a number of factors in a
section 4(b)(2) analysis. We considered whether Federal or private
landowners or other public agencies have developed management plans,
habitat conservation plans (HCPs) or Safe Harbor Agreements (SHAs) for
the area or whether there are conservation partnerships or other
conservation benefits that would be encouraged or discouraged by
designation of, or exclusion from, critical habitat in an area. We also
considered other relevant impacts that might occur because of the
designation. To ensure that our final determination is based on the
best available information, we also considered comments received on
foreseeable economic, national security, or other potential impacts
resulting from this designation of critical habitat from governmental,
business, or private interests and, in particular, any potential
impacts on small businesses.
Based on the information provided by entities seeking exclusion, as
well as any additional public comments received, we evaluated whether
certain lands in the proposed revised critical habitat were appropriate
for exclusion from this final designation pursuant to section 4(b)(2)
of the Act. Based on our evaluation, we are excluding approximately
3,879,506 ac (1,567,875 ha) of lands that meet the definition of
critical habitat under section 4(b)(2) of the Act from final critical
habitat.
Final Economic Analysis
Under section 4(b)(2) of the Act, we consider the economic impacts
of specifying any particular area as critical habitat. In order to
consider economic impacts, we prepared a draft economic analysis (DEA)
of the proposed critical habitat designation and related factors (IEC
2012a). The draft analysis was made available for public review from
June 1, 2012, through July 6, 2012 (77 FR 32483). Following the close
of the comment period, we developed a final economic analysis (FEA)
(IEC 2012b) of the potential economic effects of the designation taking
into consideration the public comments and any new information.
The intent of the FEA is to quantify economic impacts that may be
directly attributable to the designation of critical habitat--that is,
costs above and beyond what are considered ``baseline'' costs, as
described below. The economic impact of the final critical habitat
designation is analyzed by comparing scenarios both ``with critical
habitat'' and ``without critical habitat.'' The ``without critical
[[Page 71946]]
habitat'' scenario represents the baseline for the analysis, and
considers the costs incurred as a result of protections already in
place for the species (e.g., under the Federal listing and other
Federal, State, and local regulations); these are costs that are
incurred regardless of whether critical habitat is designated. The
``with critical habitat'' scenario describes the ``incremental''
economic impacts associated specifically with the designation of
critical habitat for the species--these costs are those not expected to
occur but for the designation of critical habitat for the species. In
other words, the incremental costs are those attributable solely to the
designation of critical habitat above and beyond the baseline costs;
these are the costs we consider in the final designation of critical
habitat.
The FEA also addresses how potential economic impacts are likely to
be distributed, including an assessment of any local or regional
impacts of habitat conservation and the potential effects of
conservation activities on government agencies, private businesses, and
individuals. Decisionmakers can use this information to assess whether
the effects of the designation might unduly burden a particular group
or economic sector. Finally, the FEA considers those costs that may
occur in the 20 years following the revised designation of critical
habitat, which was determined to be the appropriate period for analysis
because limited planning information was available for most activities
to forecast activity levels for projects beyond a 20-year timeframe.
The FEA quantifies economic impacts of northern spotted owl
conservation efforts associated with timber harvests, wildfire
management, barred owl management, road construction, and linear
projects (road and bridge construction and maintenance, installation of
power transmission lines and utility pipelines), as these are the types
of activities we determined were most likely to occur within northern
spotted owl habitat.
The results of the FEA concludes that only a portion of the overall
proposed revised designation will result in more than incremental,
minor administrative costs. Specifically, of the 13,962,449 ac proposed
for designation, potential incremental changes in timber harvest
practices were anticipated on only 1,449,534 ac (585,612 ha) of USFS
and BLM lands, or approximately 10 percent of the proposed designation.
In addition, there was potential for the owners of 307,308 ac (123,364
ha) of private land to experience incremental changes in harvests
(approximately 2 percent of the proposed designation). No incremental
changes in harvests are expected on State lands.
In addition, to address the uncertainty in the types of management
and activities that may or may not occur within the proposed critical
habitat, the FEA evaluated three scenarios to capture the full range of
potential economic impacts of the designation. The first scenario
contemplates that minimal or no changes to current timber management
practices will occur, thus the incremental costs of the designation
would be predominantly administrative. The potential additional
administrative costs due to critical habitat designation on Federal
lands range from $185,000 to $316,000 on an annualized basis for timber
harvest.
The second scenario posits that action agencies may choose to
implement management practices that yield an increase in timber harvest
relative to the baseline (current realized levels of timber harvest).
For this scenario, baseline harvest projections were scaled upward by
10 percent, resulting in a positive impact on Federal lands ranging
from $893,000 to $2,870,000 on an annualized basis for timber harvest.
The third scenario considers that actions agencies may choose to be
more restrictive in response to critical habitat designation, resulting
in a decline in harvest volumes relative to the baseline. To illustrate
the potential for this effect, baseline harvest projections were scaled
downward by 20 percent, resulting in a negative impact on timber
harvest on Federal lands ranging from $2,650,000 to $6,480,000 on an
annualized basis.
The USFS and BLM suggested certain alterations to the baseline
timber harvest projections, based on differing assumptions regarding
northern spotted owl occupancy in matrix lands and projected levels of
timber harvest relative to historical yields. The FEA presents the
results of a sensitivity analysis considering these alternative
assumptions, which widen the range of annualized potential impacts to
Federal timber harvest relative to the scenarios described above (IEC
2012b, pp. 4-37 to 4-39). This sensitivity analysis contemplated a
situation in which 26.6 percent of northern spotted owl habitat on BLM
matrix lands is unoccupied, and a 20 percent increase in baseline
timber harvest in USFS Region 6 relative to historical yields. The
range of incremental impacts under these alternative assumptions widens
to a potential annualized increase of $0.7 million under Scenario 2,
and an annualized decrease of $1.4 million under Scenario 3, relative
to the results reported above.
Timber harvest was not anticipated to change on State lands in
response to critical habitat designation. Timber harvest effects on
private lands were highly uncertain, and were only identified
qualitatively as potential negative impacts associated with regulatory
uncertainty, and possibly (but speculative) new regulation in the State
of Washington.
Under all three scenarios, linear projects reflected administrative
costs only, ranging from $10,800 to $19,500 on an annualized basis.
Counties receive Federal lands payments from a subset of four
programs: The U.S. Forest Service 25% Fund; the BLM O&C lands payments;
Payment in Lieu of Taxes (PILT); and Secure Rural Schools and Community
Self-determination Act (SRS) (please see FEA pp. 3-19 to 3-21 for a
thorough discussion of these programs). Counties have the option of
receiving either SRS of 25%/O&C payments, but not both. For reasons
unrelated to proposed critical habitat, the future of the PILT and SRS
programs is uncertain and depends on forces, including Congressional
action, unrelated to critical habitat designation. If funding is not
appropriated to PILT, or SRS is not reauthorized, payments from the
USFS 25% Fund and the BLM O&C lands become relatively more important.
Payments for these latter two programs are based on commercial
receipts, main from timber generated on Federal lands; payments from
PILT and SRS are not as closely linked to fluctuations in timber sales.
In recent years, most counties have opted to receive SRS payments; for
example, in FY 2009 all 18 counties in Oregon that contain BLM lands
opted to receive SRS payments instead of the LBM O&C lands revenue-
sharing payment. Therefore, it is difficult to quantify the effects
that future changes in timber harvests from Federal lands resulting
from critical habitat designation would have on counties if SRS and
PILT payment programs ended and the counties were forced to rely on
revenue-sharing payments only. Given the baseline uncertainty
associated with the continuance of SRS and PILT payments, we were
unable to quantify possible changes in county revenue payments that
could result from the critical habitat designation. However, based on
recent socioeconomic trends, we were able to identify those counties
that may be more sensitive to future changes in timber harvests,
industry employment, and Federal land payments. Potential timber
harvest changes related to critical habitat designation, whether
positive, negative, or neutral, are one potential aspect of
[[Page 71947]]
this sensitivity. The counties identified as relatively more sensitive
to future changes in timber harvests, employment, and payments were Del
Norte and Trinity Counties, California; Douglas and Klamath Counties,
Oregon; and Skamania County, Washington.
With regard to jobs, increases or decreases in timber harvests from
Federal or private lands could result in positive or negative changes
in jobs, respectively. The FEA notes that many factors affect timber
industry employment (Chapter 6). The scope of our analysis was limited
to the incremental effects of critical habitat within the area proposed
for designation by the northern spotted owl. The FEA did not consider
potential changes in timber activities outside the proposed critical
habitat designation, and did not evaluate the potential effects related
to the timber industry as a whole.
Based on our economic analysis of the potential effects of the
proposed revised designation of critical habitat for the northern
spotted owl, there is a range of potential outcomes, ranging from
positive to negative impacts of the designation. Most potential
economic impacts would occur, if at all, on Federal matrix lands
managed by BLM and the Forest Service, although we note that the amount
of Federal matrix lands has been reduced from the proposed rule, as
described in Changes from the Proposed Rule, which would have the
effect of reducing the range of potential economic impacts presented by
the FEA. While there is uncertainty over whether such impacts will
occur and to what extent, even assuming higher economic impacts
suggested by some commenters, we would not exclude these lands from
designation under section 4(b)(2) because a critical habitat
designation on these lands will have benefits in conserving this
essential habitat. In addition, our evaluation of these matrix lands
clearly demonstrates their importance to the conservation of the
northern spotted owl; as also discussed in the section Changes from the
Proposed Rule, our evaluation of a habitat network with reduced areas
of high value habitat on matrix lands indicated a significant increase
in extinction risk to the species as a result.
A copy of the FEA with supporting documents may be obtained by
contacting the Oregon Fish and Wildlife Office (see ADDRESSES) or by
downloading from the Internet at https://www.regulations.gov.
National Security Impacts
Under section 4(b)(2) of the Act, we consider whether there are
lands owned or managed by the Department of Defense (DOD) where a
national security impact might exist. In preparing this final rule, we
have determined that the only lands within the proposed revised
designation of critical habitat for the northern spotted owl that are
owned or managed by the Department of Defense have an active INRMP
which provides a benefit to the species, and are thus exempt from
critical habitat designation under section 4(a)(3) of the Act (see
Exemptions, above). We therefore anticipate no impact on national
security from this designation. Consequently, the Secretary is not
exercising his discretion to exclude any additional areas from this
final revised designation based on impacts to national security.
Relevant Impacts
Under section 4(b)(2) of the Act, we consider all relevant impacts,
including but not limited to economic impacts and impacts on national
security. We consider a number of factors including whether the
landowners have developed any HCPs or other management plans for the
area, or whether there are conservation partnerships that would be
encouraged by designation of, or exclusion from, critical habitat. In
addition, we look at any tribal issues, and consider the government-to-
government relationship of the United States with tribal entities. We
also consider any social impacts that might occur because of the
designation.
Here we provide our analysis of areas that were proposed as revised
designation of critical habitat for the northern spotted owl, for which
there may be a greater conservation benefit to exclude rather than
include in the designation. Our weighing of the benefits of inclusion
versus exclusion considered all relevant factors in order to make our
final determination as to what will result in the greatest conservation
benefit to the owl. Depending on the specifics of each situation, there
may be cases where the designation of critical habitat will not
necessarily provide enhanced protection, and may actually lead to a net
loss of conservation benefit.
Benefits of Designating Critical Habitat
The process of designating critical habitat as described in the Act
requires that the Service identify those lands within the geographical
area occupied by the species at the time of listing on which are found
the physical or biological features essential to the conservation of
the species that may require special management considerations or
protection, and those areas outside the geographical area occupied by
the species at the time of listing that are essential for the
conservation of the species.
The identification of areas that contain the features essential to
the conservation of the species, or are otherwise essential for the
conservation of the species if outside the geographical area occupied
by the species at the time of listing, is a benefit resulting from the
designation. The critical habitat designation process includes peer
review and public comment on the identified physical or biological
features and areas, and provides a mechanism to educate landowners,
State and local governments, and the public regarding the potential
conservation value of an area. This helps focus and promote
conservation efforts by other parties by clearly delineating areas of
high conservation value for the species, and is valuable to land owners
and managers in developing conservation management plans by describing
the essential physical or biological features and special management
actions or protections that are needed for identified areas. Including
lands in critical habitat also informs State agencies and local
governments about areas that could be conserved under State laws or
local ordinances.
However, the prohibition on destruction or adverse modification
under section 7(a)(2) of the Act constitutes the only Federal
regulatory benefit of critical habitat designation. As discussed above,
Federal agencies must consult with the Service on actions that may
affect critical habitat and must avoid destroying or adversely
modifying critical habitat. Federal agencies must also consult with us
on actions that may affect a listed species and refrain from
undertaking actions that are likely to jeopardize the continued
existence of such species. The analysis of effects to critical habitat
is a separate and different analysis from that of the effects to the
species. Therefore, the difference in outcomes of these two analyses
also represents the regulatory benefit of critical habitat. For some
species, and in some locations, the outcome of these analyses will be
similar because effects on habitat will often result in effects on the
species. However, these two regulatory standards are different. The
jeopardy analysis evaluates how a proposed action is likely to
influence the likelihood of a species' survival and recovery. The
adverse modification analysis evaluates how an action affects the
capability of the critical habitat to serve its intended conservation
function or purpose (USFWS, in litt. 2004). Although these standards
are different,
[[Page 71948]]
it has been the Service's experience that in many instances proposed
actions that affect both a listed species and its critical habitat and
that constitute jeopardy also constitute adverse modification. In some
cases, however, application of these different standards results in
different section 7(a)(2) determinations, especially in situations
where the affected area is mostly or exclusively unoccupied critical
habitat. Thus, critical habitat designations may provide greater
benefits to the recovery of a species than would listing as endangered
or threatened under the Act alone.
There are two limitations to the regulatory effect of critical
habitat. First, a section 7(a)(2) consultation is required only where
there is a Federal nexus (an action authorized, funded, or carried out
by any Federal agency)--if there is no Federal nexus, the critical
habitat designation of non-Federal lands itself does not restrict any
actions that destroy or adversely modify critical habitat. Aside from
the requirement that Federal agencies ensure that their actions are not
likely to result in destruction or adverse modification of critical
habitat under section 7, the Act does not provide any additional
regulatory protection to lands designated as critical habitat.
Second, designating critical habitat does not create a management
plan for the areas; does not establish numerical population goals or
prescribe specific management actions (inside or outside of critical
habitat); and does not have a direct effect on areas not designated as
critical habitat. The designation only limits destruction or adverse
modification of critical habitat, not all adverse effects. By its
nature, the prohibition on adverse modification ensures that the
conservation role and function of the critical habitat network is not
appreciably reduced as a result of a Federal action.
Once an agency determines that consultation under section 7(a)(2)
of the Act is necessary, the process may conclude informally when the
Service concurs in writing that the proposed Federal action is not
likely to adversely affect the species or critical habitat. However, if
we determine through informal consultation that adverse impacts are
likely to occur, then formal consultation is initiated. Formal
consultation concludes with a biological opinion issued by the Service
on whether the proposed Federal action is likely to jeopardize the
continued existence of listed species or result in destruction or
adverse modification of critical habitat.
For critical habitat, a biological opinion that concludes in a
determination of no destruction or adverse modification may recommend
additional conservation measures to minimize adverse effects to primary
constituent elements, but such measures would be discretionary on the
part of the Federal agency.
The designation of critical habitat does not require that any
management or recovery actions take place on the lands included in the
designation. Even in cases where consultation has been initiated under
section 7(a)(2) of the Act because of effects to critical habitat, the
end result of consultation is to avoid adverse modification, but not
necessarily to manage critical habitat or institute recovery actions on
critical habitat. On the other hand, voluntary conservation efforts by
landowners can remove or reduce known threats to a species or its
habitat by implementing recovery actions. We find that in many
instances the regulatory benefit of critical habitat is minimal when
compared to the conservation benefit that can be achieved through
implementing HCPs under section 10 of the Act, or other voluntary
conservation efforts or management plans. The conservation achieved
through implementing HCPs, or other habitat management plans can be
greater than what we achieve through multiple site-by-site, project-by-
project section 7(a)(2) consultations involving project effects to
critical habitat. Management plans can commit resources to implement
long-term management and protection to particular habitat for at least
one and possibly other listed or sensitive species. Section 7(a)(2)
consultations commit Federal agencies to preventing adverse
modification of critical habitat caused by the particular project;
consultation does not require Federal agencies to provide for
conservation or long-term benefits to areas not affected by the
proposed project. Thus, implementation of any HCP, or management plan
that incorporates enhancement or recovery as the management standard
may often provide as much or more benefit than a consultation for
critical habitat designation. After reviewing all current HCPs, SHAs,
and any other active management plans or conservation agreements, and
weighing the benefits of inclusion and exclusion (see below), we are
excluding all State and private lands covered by such agreements from
the final critical habitat designation.
We are also excluding under section 4(b)(2) congressionally-
reserved natural areas such as national parks and wilderness areas,
State parks, and other private lands that had been proposed for
designation, for the reasons discussed below. These analyses are based
in large part on the particular conservation requirements of the
northern spotted owl or the State laws aimed at protecting this
species, and are specific to this designation. Thus, our determination
that the benefits of exclusion outweigh the benefits of inclusion in
these cases, as well as the decision to exclude in these instances, do
not necessarily have a bearing on any future critical habitat
designations.
Table 8 identifies all lands excluded from the final rule.
Table 8--Lands Excluded From the Final Revised Designation of Critical Habitat for the Northern Spotted Owl
Under Section 4(b)(2) of the Act
----------------------------------------------------------------------------------------------------------------
Critical habitat
Type of agreement unit State Land owner/agency Acres Hectares
----------------------------------------------------------------------------------------------------------------
Safe Harbor Agreement........ WCC.............. WA Port Blakely Tree 195 79
Farms, L.P., Safe
Harbor Agreement,
Landowner Option
Plan, Cooperative
Habitat Enhancement.
WCC/ECN.......... WA SDS Co. & Broughton 2,035 824
Lumber Co.
Conservation Plan.
RWC.............. CA Forster-Gill, Inc... 238 96
RWC.............. CA Van Eck Forest 2,774 1,122
Foundation, Safe
Harbor Agreement.
Habitat Conservation Plan.... WCC.............. WA Cedar River 3,244 1,313
Watershed Habitat
Conservation Plan.
WCC.............. WA Green River Water 3,162 1,280
Supply Operations
and Watershed
Protection Habitat
Conservation Plan.
WCC/ECN.......... WA Plum Creek Timber 33,144 13,413
Central Cascades I-
90 Habitat
Conservation Plan.
[[Page 71949]]
WCC.............. WA West Fork Timber 5,105 2,066
Habitat
Conservation Plan.
RWC.............. CA Green Diamond 369,384 149,484
Resource Company
Habitat
Conservation Plan.
RWC.............. CA Humboldt Redwood 208,172 84,244
Company, Habitat
Conservation Plan.
RWC.............. CA Regli Estate Habitat 484 196
Conservation Plan.
ICC.............. CA...... Terra Springs 39 16
Habitat
Conservation Plan.
................. WA Washington 225,751 91,358
Department of
Natural Resources
State Lands HCP.
Other Conservation Measures ECN.............. WA Scofield Corporation 40 16
or Partnerships.
RWC.............. CA Mendocino Redwood 232,584 94,123
Company.
National Parks, State Parks, National Parks...... 998,585 404,113
and Congressionally Reserved
Lands.
State Parks and 180,894 73,267
Natural Areas.
Congressionally 1,625,068 657,644
Reserved USFS and
BLM Lands.
Other Private Lands.......... ................. WA .................... 42,513 17,204
................. CA .................... 123,348 49,917
-----------------------------------------------------
Total lands excluded ................. ........ .................... 4,056,759 1,641,777
under section 4(b)(2) of
the Act.
----------------------------------------------------------------------------------------------------------------
Benefits of Excluding Lands With Safe Harbor Agreements
A Safe Harbor Agreement (SHA) is a voluntary agreement involving
private or other non-Federal property owners whose actions contribute
to the recovery of listed species. The agreement is between cooperating
non-Federal property owners and the Service. In exchange for actions
that contribute to the recovery of listed species on non-Federal lands,
participating property owners receive formal assurances from the
Service that, if they fulfill the conditions of the SHA, the Service
will not require any additional or different management activities by
the participants without their consent. In addition, at the end of the
agreement period, participants may return the enrolled property to the
baseline conditions that existed at the beginning of the SHA.
Because many endangered and threatened species occur exclusively,
or to a large extent, on privately owned property, the involvement of
the private sector in the conservation and recovery of species is
crucial. Property owners are often willing partners in efforts to
recover listed species. However, some property owners may be reluctant
to undertake activities that support or attract listed species on their
properties, due to fear of future property-use restrictions related to
the Act. To address this concern, an SHA provides that future property-
use limitations will not occur without the landowner's consent if the
landowner is in compliance with the permit and agreement and the
activity is not likely to result in jeopardy to the listed species.
Central to this approach is that the actions taken under the SHA
must provide a net conservation benefit that contributes to the
recovery of the covered species. Examples of conservation benefits
include:
Reduced habitat fragmentation;
Maintenance, restoration, or enhancement of existing
habitats;
Increases in habitat connectivity;
Stabilized or increased numbers or distribution;
The creation of buffers for protected areas; and
Opportunities to test and develop new habitat management
techniques.
By entering into a SHA, property owners receive assurances that
land use restrictions will not be required even if the voluntary
actions taken under the agreement attract particular listed species
onto enrolled properties or increase the numbers of distribution of
those listed species already present on those properties. The
assurances are provided through an enhancement of survival permit
issued to the property owner, under the authority of section
10(a)(1)(A) of the Act. To implement this provision of the Act, the
Service and National Marine Fisheries Service (NMFS) issued a joint
policy for developing SHAs for listed species on June 17, 1999 (64 FR
32717). The Service simultaneously issued regulations for implementing
SHAs on June 17, 1999 (64 FR 32706). A correction to the final rule was
announced on September 30, 1999 (64 FR 52676). The enhancement of
survival permit issued in association with an SHA authorizes incidental
take of species that may result from actions undertaken by the
landowner under the SHA, which could include returning the property to
the baseline conditions at the end of the agreement. The permit also
specifies that the Service will not require any additional or different
management activities by participants without their consent if the
permittee is in compliance with the requirements of the permit and the
SHA and the permittee's actions are not likely to result in jeopardy.
The benefits of excluding lands with approved SHAs from critical
habitat designation may include relieving landowners, communities, and
counties of any additional regulatory burden that might be imposed as a
result of the critical habitat designation. Even if any additional
regulatory burden would be unlikely due to a lack of a Federal nexus,
the designation of critical habitat could nonetheless have an
unintended negative effect on our relationship with non-Federal
landowners, due to the perceived imposition of government regulation.
An additional benefit of excluding lands covered by approved SHAs from
critical habitat designation is that it may make it easier for us to
seek new partnerships with future SHA participants, including States,
counties,
[[Page 71950]]
local jurisdictions, conservation organizations, and private
landowners, in cases where potential partners may be reluctant to
encourage the development of habitat that supports endangered or
threatened species. In such cases, we may be able to implement
conservation actions that we would be unable to accomplish otherwise.
By excluding these lands, we may preserve our current partnerships and
encourage additional future conservation actions.
In weighing the benefits of inclusion versus the benefits of
exclusion for lands subject to approved SHAs, it is important to note
that a fundamental requirement of an SHA is an advance determination by
the Service that the provisions of the SHA will result in a net
conservation benefit to the listed species. Approved SHAs have,
therefore, already been determined to provide a net conservation
benefit to the listed species; in addition, the management activities
provided in an SHA often provide conservation benefits to unlisted
sensitive species as well. As described earlier, the designation of
critical habitat may not provide any substantial realized conservation
benefit to the species on non-Federal lands absent a Federal nexus for
an activity. Especially where further Federal action is unlikely, the
net conservation benefit provided by the terms of the SHA itself,
considered in conjunction with the benefit of excluding lands subject
to an SHA by preserving our working relationships with landowners who
have entered into SHAs with the Service, and the benefit of laying the
positive groundwork for possible future agreements with other
landowners, may collectively outweigh the potentially limited benefit
that would be realized on these lands from the designation of critical
habitat. However, as with all potential exclusions under consideration,
lands subject to an SHA will only be excluded if we determine that the
benefits of exclusion outweigh the benefits of inclusion following a
rigorous examination of the record on a case-by-case basis.
We note that permit issuance in association with SHA applications
requires consultation under section 7(a)(2) of the Act, which would
include the review of the effects of all SHA-covered activities that
might adversely impact the species under a jeopardy standard, including
possibly significant habitat modification (see definition of ``harm''
at 50 CFR 17.3), even without the critical habitat designation. In
addition, all other Federal actions that may affect the listed species
would still require consultation under section 7(a)(2) of the Act, and
we would review these actions for possible significant habitat
modification in accordance with the definition of harm, described in
the Benefits of Excluding Lands with Habitat Conservation Plans, below.
We further note that SHAs may include a provision that the
landowner may return the area to baseline conditions upon expiration of
the permit. The term of the permit is thus an important consideration
in weighing the relative benefits of inclusion versus exclusion from
the designation of critical habitat. However, the Service has the right
to revise a critical habitat designation at any time. Furthermore, the
potential benefit of acknowledging the positive conservation
contributions of landowners willing to enter into voluntary
conservation agreements with the Service for the recovery of endangered
or threatened species may nonetheless outweigh the loss of benefit that
may be incurred through a possible return to baseline following permit
expiration. As stated above, such circumstances require careful
consideration on a case-by-case basis in order to make a final
determination of the benefits of exclusion or inclusion in a critical
habitat designation.
Below is a description of each SHA and our analysis of the benefits
of including and excluding it from the critical habitat designation
under section 4(b)(2) of the Act.
State of California
Forster-Gill, Inc., Safe Harbor Agreement
In this final designation, the Secretary has exercised his
authority to exclude 238 ac (96 ha) of lands from critical habitat,
under section 4(b)(2) of the Act, that are covered by the Safe Harbor
Agreement (SHA) of Forster-Gill, Inc., within subunit 1 of the Redwood
Coast CHU in Humboldt County, California. The enhancement of survival
permit associated with this SHA was noticed in the Federal Register on
March 22, 2002 (67 FR 13357), and issued June 18, 2002. The term of the
agreement is 80 years, and the term of the permit is 90 years. The SHA
provides for the creation and enhancement of habitat for the northern
spotted owl on 238 ac (96 ha) of lands in Humboldt County, California,
and provides for continued timber harvest on those lands. There are two
baseline conditions that will be maintained under the SHA: (1)
Protection of an 11.2-ac (5-ha) no-harvest area that will buffer the
most recent active northern spotted owl nest site, but will also be
maintained in the absence of a nest site; and (2) maintenance of 216 ac
(87 ha) on the property such that the trees will always average 12 to
24 in (30 to 60 cm) dbh with a canopy cover of 60 to 100 percent. At
the time of the agreement, forest conditions were on the lower end of
the diameter and canopy cover ranges. By the end of the agreement, the
property will be at the upper end of the diameter and canopy cover
ranges. Under the SHA, Forster-Gill, Inc., agrees to: (1) Annually,
survey and monitor for the location and reproductive status of northern
spotted owls on the property; (2) protect all active nest sites
(locations where nesting behavior is observed during any of the
previous 3 years) with a no-harvest area that buffers the nest site by
no less than 300 ft (90 m) and limits timber harvest operations within
1,000 ft (305 m) of an active nest site during the breeding season,
allowing only the use of existing haul roads; and (3) manage the
second-growth redwood timber on the property in a manner that maintains
suitable northern spotted owl habitat, while creating, over time, the
multilayered canopy structure with an older, larger tree component
associated with high-quality northern spotted owl habitat. The SHA is
expected to provide, maintain, and enhance for the 80-year life of the
agreement over 200 ac (80 ha) of northern spotted owl habitat within a
matrix of private timberland. The cumulative impact of the agreement
and the timber management activities it covers, which are facilitated
by the allowable incidental take, is expected to provide a net benefit
to the northern spotted owl.
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands that might trigger such consultation is
limited (there is little likelihood of an action that will involve
Federal funding, authorization, or implementation). In addition, since
the lands under the SHA in question are occupied by the northern
spotted owl, if a Federal nexus were to occur, section 7 consultation
would already be triggered and the Federal agency would consider the
effects of its actions on the species through a jeopardy analysis.
Because one of the primary threats to the northern spotted owl is
habitat loss and degradation, the consultation
[[Page 71951]]
process under section 7 of the Act for projects with a Federal nexus
will, in evaluating effects to the northern spotted owl, evaluate the
effects of the action on the conservation or functionality of the
habitat for the species regardless of whether critical habitat is
designated for these lands. The analytical requirements to support a
jeopardy determination on excluded land are similar, but not identical,
to the requirements in an analysis for an adverse modification
determination on included land. However, the additional conservation
that could be attained through the supplemental adverse modification
analysis for critical habitat under section 7 would likely not be
significant, and would be triggered only in the event of a Federal
action. Furthermore, any such potential benefit would be small in
comparison to the benefits derived from the SHA, which already
incorporates measures that specifically benefit the northern spotted
owl and its habitat, as described above, and remains in place
regardless of the designation of critical habitat.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Any information about the northern spotted owl and its
habitat that reaches a wider audience, including parties engaged in
conservation activities, is valuable. However, in this case the
landowners are aware of the needs of the species through the
development of their SHA, in which they have agreed to take measures to
protect the northern spotted owl on their property and create and
enhance suitable habitat for the species as well. Any additional
educational and information benefits that might arise from critical
habitat designation have been largely accomplished through the public
review of and comment on the SHA and the associated permit. The release
of the Revised Recovery Plan for the Northern Spotted Owl in 2011 was
also preceded by outreach efforts and public comment opportunities. In
addition, the rulemaking process associated with critical habitat
designation included several opportunities for public comment, and we
also held multiple public information meetings across the range of the
species. Through these outreach opportunities, land owners, State
agencies, and local governments have become aware of the current status
of and threats to the northern spotted owl, and the conservation
actions needed for recovery.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, CALFIRE has indicated to us that it is
unlikely to impose any new requirements on project proponents if
critical habitat is designated in areas already subject to California
Forest Practice Rules. Therefore, we believe this potential benefit of
critical will be limited.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 236 ac (96 ha) of lands currently
managed under the SHA are substantial. We have created a close
partnership with Forster-Gill through the development of the SHA, which
incorporates protections and management objectives for the northern
spotted owl and the habitat upon which it depends for breeding,
sheltering, and foraging activities, as described above. The
conservation approach identified in the Forster-Gill, Inc. SHA, along
with our close coordination with the company, addresses the identified
threats to northern spotted owl habitat on the covered lands that
contain the physical or biological features essential to the
conservation of the species.
The conservation measures identified within the SHA seek to achieve
conservation goals for northern spotted owls and their habitat, and
thus can be of greater conservation benefit than the designation of
critical habitat, which does not require specific, proactive management
actions. If there is a Federal nexus, consultation under critical
habitat requires only that the action agency avoid actions that destroy
or adversely modify critical habitat. In contrast, SHA conservation
measures that provide a benefit to the northern spotted owl and its
habitat have been, and will be, implemented continuously beginning with
the enactment of the SHA in 2002 through the 80-year term of the ITP,
through 2082, on all covered lands owned and managed by Forster-Gill,
Inc. The key conservation measure is a provision that will lead to an
approximate doubling of mean tree diameter from roughly 12 to 24 in (30
to 60 cm) on covered lands over the life of the permit, leading to
enhancement of habitat suitability.
The designation of critical habitat could have an unintended
negative effect on our relationship with non-Federal landowners due to
the perceived imposition of redundant government regulation. If lands
within the Forster-Gill SHA are designated as critical habitat, it
would likely have a chilling effect on our continued ability to seek
new partnerships with future participants including States, counties,
local jurisdictions, conservation organizations, and private
landowners, which together can implement various conservation actions
(such as SHAs, HCPs, and other conservation plans, particularly large,
regional Conservation Plans that involve numerous participants and/or
address landscape-level conservation of species and habitats) that we
would be unable to accomplish otherwise.
Excluding the approximately 238 ac (96 ha) owned and managed by
Forster-Gill, Inc. from critical habitat designation will sustain and
enhance the working relationship between the Service and this private
lands partner. The willingness of Forster-Gill to work with the Service
to manage federally listed species will continue to reinforce those
conservation efforts and our partnership, which contribute toward
achieving recovery of the northern spotted owl. We consider this
voluntary partnership in conservation vital to our understanding of the
status of species on non-Federal lands and necessary to implement
recovery actions such as habitat protection and restoration, and
beneficial management actions for species. By excluding these lands, we
preserve our current conservation partnership with Forster-Gill and
encourage additional conservation actions by this partner, and
potentially others as well, in the future. We consider the positive
effect of excluding proven conservation partners from critical habitat
to be a significant benefit of exclusion.
The Benefits of Exclusion Outweigh the Benefits of Inclusion--We
reviewed and evaluated the exclusion of approximately 238 ac (96 ha) of
land owned and managed by Forster-Gill, Inc. from our designation of
critical habitat. The benefits of including these lands in the
designation are relatively small. The habitat on the covered lands is
already being monitored and managed under the SHA to improve the
habitat elements that are equivalent to the physical or biological
features that are outlined in this critical habitat rule. The
additional designation of critical habitat would provide unnecessarily
duplicative protections, and would in any case be unlikely to be
triggered under section 7, since there is little probability of a
Federal nexus for any
[[Page 71952]]
activity on these lands. Even if triggered, since the lands in question
are occupied by the species, section 7 consultation would already be
required under the jeopardy standard, and as noted, the analysis under
the adverse modification standard would be unlikely to provide
additional protections beyond those already in place under the SHA. The
regulatory benefit of additional Federal review on individual proposed
actions is episodic and confined to the scope and scale of the specific
actions, whereas implementation of the SHA is continuous and affects
the entire property.
Educational benefits are also limited. The landowner is already
aware of the conservation needs of the species through development of
the SHA. Because there is no public access to the land, we are not
aware of any public constituency connected with this ownership which
would derive informational benefits from the designation of critical
habitat. However, as noted, we have conducted extensive outreach
efforts, both in relation to the SHA and its associated permit, as well
as our proposed critical habitat, which have provided opportunity for
public education and comment on critical habitat for the northern
spotted owl. As such, much of the potential educational benefit of
critical habitat on these lands has already been accomplished.
On the other hand, the SHA has provisions for protecting and
maintaining northern spotted owl habitat that far exceed the
conservation benefits that could be obtained through section 7
consultation. These measures will not only prevent the degradation of
essential features of the northern spotted owl, but they will maintain
or improve these features over time. Furthermore, landowners always
have the option not to return to baseline after the term of the SHA is
over. Exclusion of these lands from critical habitat will help foster
the partnership we have developed with Forster-Gill through the
development and continuing implementation of the SHA, and may encourage
the landowner to continue these cooperative efforts even after the term
of the SHA. In addition, this partnership may serve as a model and aid
in fostering future cooperative relationships with other parties in
other locations for the benefit of listed species. For these reasons,
we have determined that the benefits of exclusion of lands covered by
the Forster-Gill, Inc. SHA outweigh the benefits of critical habitat
designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that the exclusion of 238 ac (96 ha) from the designation of
critical habitat for the northern spotted owl of lands owned and
managed by Forster-Gill, Inc., as identified in their SHA will not
result in extinction of the species because current conservation
efforts under the plan adequately protect the geographical areas
containing the physical or biological features essential to the
conservation of the species. For projects having a Federal nexus and
affecting northern spotted owls in occupied areas, as in this case, the
jeopardy standard of section 7 of the Act, coupled with protection
provided under the terms of the SHA, would provide assurances that this
species will not go extinct as a result of excluding these lands from
the critical habitat designation. Based on the above discussion, the
Secretary is exercising his discretion under section 4(b)(2) of the Act
to exclude from this final critical habitat designation portions of the
proposed critical habitat units or subunits that are within the
Forster-Gill, Inc. SHA boundary totaling 238 ac (96 ha).
Van Eck Forest Foundation Safe Harbor Agreement
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, that are covered by the SHA between the Fred M. Van Eck
Forest Foundation and the Service within subunit 1 of the Redwood Coast
CHU in California. These lands are also protected under a conservation
easement held by the Pacific Forest Trust. The enhancement of survival
permit associated with this SHA was noticed in the Federal Register on
July 8, 2008 (73 FR 39026), and issued August 18, 2008. The term of the
permit and the agreement is 90 years. The SHA provides for the creation
and enhancement of habitat for the northern spotted owl on 2,774 ac
(1,122 ha) of lands in Humboldt County, California, and provides for
continued timber harvest on those lands. At the time of the agreement,
the lands under consideration supported 1,730 ac (700 ha) of northern
spotted owl nesting and roosting habitat and one northern spotted owl
activity center (a location where owls are observed nesting or
roosting). We anticipate that under the northern spotted owl habitat
creation and enhancement timber management regime proposed in the SHA
that approximately 1,947 ac (788 ha) of nesting and roosting habitat
and potentially up to five northern spotted owl activity centers could
exist on the property at the end of 90 years. The SHA does not provide
for a return to baseline conditions at the end of the agreement term.
Instead, the agreement provides that if more than five northern spotted
owl activity centers should become established on the property during
the 90-year term, the landowner would be allowed to remove such
additional activity centers during the agreement period.
Under the SHA, the Fred M. van Eck Forest Foundation agrees to: (1)
Conduct surveys annually to determine the locations and reproductive
status of any northern spotted owls; (2) protect up to five activity
centers with a no-harvest area that buffers the activity center by no
less than 100 ft (30 m); (3) utilize selective timber harvest methods
such that suitable nesting habitat is maintained within 300 ft (91 m)
of each activity center; (4) limit noise disturbance from timber
harvest operations within 1,000 ft (305 m) of an active nest during the
breeding season; and (5) manage all second-growth redwood timber on the
property in a manner that maintains or creates suitable nesting and
roosting habitat over time. The term of the SHA and ITP is 90 years;
there is no term limitation on the easement deed held by the Pacific
Forest Trust. Specific long-term management targets for second-growth
timber are enumerated in the easement deed. All are expressed as
propertywide averages; for example, a stocking target of 100,000 board
feet (bf) per acre, 75 percent minimum conifer occupancy, 25 percent of
standing inventory made up of trees greater than 200 years of age, 15
dominant conifers per acre 36-inches DBH or greater, 4 standing snags
per acre 30-inches DBH or greater, 1,600 cubic feet per acre of dead
and down logs. The cumulative impact of the SHA and the easement, is
expected to provide a substantial net benefit to the northern spotted
owl.
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands is limited (there is little likelihood of an
action that will involve Federal funding, authorization, or
implementation). In addition, since the lands under the SHA in question
are occupied by the northern spotted owl, if a Federal nexus were to
occur, section
[[Page 71953]]
7 consultation would already be triggered and the Federal agency would
consider the effects of its actions on the species through a jeopardy
analysis. Because one of the primary threats to the northern spotted
owl is habitat loss and degradation, the consultation process under
section 7 of the Act for projects with a Federal nexus will, in
evaluating effects to the northern spotted owl, evaluate the effects of
the action on the habitat for the species regardless of whether
critical habitat is designated for these lands. The analytical
requirements to support a jeopardy determination on excluded land are
similar, but not identical, to the requirements in an analysis for an
adverse modification determination on included land. However, the
additional conservation that could be attained through the supplemental
adverse modification analysis for critical habitat under section 7
would likely not be significant, and would be triggered only in the
event of a Federal action. Furthermore, any such potential benefit
would be small in comparison to the benefits already derived from the
SHA, which already incorporates measures that specifically benefit the
northern spotted owl and its habitat, as described above, and remains
in place regardless of the designation of critical habitat.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Any information about the northern spotted owl and its
habitat that reaches a wider audience, including parties engaged in
conservation activities, is valuable. The landowners in this case are
aware of the needs of the species through the development of their SHA,
in which they have agreed to take measures to protect the northern
spotted owl on their property and create and enhance suitable habitat
for the species as well. Any additional educational and information
benefits that might arise from critical habitat designation have been
largely accomplished through the public review of and comment on the
SHA and the associated permit. The release of the Revised Recovery Plan
for the Northern Spotted Owl in 2011 was also preceded by outreach
efforts and public comment opportunities. In addition, the rulemaking
process associated with critical habitat designation included several
opportunities for public comment, and we also held multiple public
information meetings across the range of the species. Through these
outreach opportunities, land owners, State agencies, and local
governments have become aware of the current status of and threats to
the northern spotted owl, and the conservation actions needed for
recovery.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, CALFIRE has indicated to us that it is
unlikely to impose any new requirements on project proponents if
critical habitat is designated in areas already subject to California
Forest Practice Rules. Therefore, we believe this potential benefit of
critical will be limited.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 2,774 ac (1,122 ha) of lands
currently managed under the SHA are substantial. We have created a
close partnership with the Foundation through the development of the
SHA, which incorporates protections and management objectives for the
northern spotted owl and the habitat upon which it depends for
breeding, sheltering, and foraging activities, as described above. The
conservation approach identified in the Van Eck Forest Foundation SHA,
along with our close coordination with the Foundation, addresses the
identified threats to northern spotted owl on covered lands that
contain the physical or biological features essential to the
conservation of the species.
The SHA conservation measures that provide a benefit to the
northern spotted owl and its habitat have been, and will be,
implemented continuously beginning with the enactment of the SHA in
2008 through the 90-year term of the ITP, through 2088, on all covered
lands owned and managed by the Van Eck Forest Foundation. Such measures
include the examples we identified above: A volume-based mean stocking
target, mean conifer occupancy, mean percentages of standing inventory
in older age classes, mean size and density of dominant conifers, mean
size and density of standing snags, and mean volume of dead and down
logs. The measures provided in the SHA are aimed at the maintenance and
enhancement of suitable nesting and roosting habitat over time to
benefit the northern spotted owl.
The designation of critical habitat could have an unintended
negative effect on our relationship with non-Federal landowners due to
the perceived imposition of redundant government regulation. If lands
within the Van Eck Forest Foundation SHA are designated as critical
habitat, it would likely have a chilling effect on our continued
ability to seek new partnerships with future participants including
States, counties, local jurisdictions, conservation organizations, and
private landowners, which together can implement various conservation
actions (such as SHAs, HCPs, and other conservation plans) that we
would be unable to accomplish otherwise. Excluding the approximately
2,774 ac (1,122 ha) owned and managed by the Van Eck Forest Foundation
from critical habitat designation will sustain and enhance this working
relationship between the Service and the Foundation. The willingness of
the Foundation to work with us to manage federally listed species will
continue to reinforce those conservation efforts and our partnership,
which contribute toward achieving recovery of the northern spotted owl.
We consider this voluntary partnership in conservation vital to our
understanding of the status of species on non-Federal lands and
necessary for us to implement recovery actions, such as habitat
protection and restoration, and beneficial management actions for
species. Further, this partnership may aid in fostering future
cooperative relationships with other parties in other locations for the
benefit of listed species. We consider the positive effect of excluding
proven conservation partners from critical habitat to be a significant
benefit of exclusion.
The Benefits of Exclusion Outweigh the Benefits of Inclusion--We
reviewed and evaluated the exclusion of approximately 2,774 ac (1,122
ha) of land owned and managed by the Van Eck Forest Foundation from our
designation of critical habitat. The benefits of including these lands
in the designation are relatively small, since the habitat on the
covered lands is already being monitored and managed under the SHA to
improve the habitat elements that are equivalent to the physical or
biological features that are outlined in this critical habitat rule.
The additional designation of critical habitat would provide
unnecessarily duplicative protections, and would in any case be
unlikely to be triggered under section 7, since there is little
probability of a Federal nexus on these lands. Even if triggered, since
the lands
[[Page 71954]]
in question are occupied by the species, section 7 consultation would
already be required under the jeopardy standard, and, as noted, the
analysis under the adverse modification standard would be unlikely to
provide additional protections beyond those already in place under the
SHA.
Educational benefits are also limited. The landowner is already
aware of the conservation needs of the species through development of
the SHA. Because the Van Eck lands, for the most part, are not open to
the general public, there is no public constituency that would derive
informational benefits from the designation of critical habitat.
However, as noted, we have conducted extensive outreach efforts, both
in relation to the SHA and its associated permit, as well as our
proposed revision of critical habitat, which have provided opportunity
for public education and comment on critical habitat for the northern
spotted owl. As such, much of the potential educational benefit of
critical habitat on these lands has already been accomplished.
On the other hand, the conservation measures identified within the
SHA seek to achieve conservation goals for northern spotted owls and
their habitat, and thus can be of greater conservation benefit than the
designation of critical habitat, which does not require specific,
proactive actions. Thus, the implementation of the SHA provides a
substantially greater benefit to the northern spotted owl than would be
obtained through section 7 consultation. The measures provided in the
SHA will not only prevent the degradation of essential features for the
northern spotted owl, but they are designed to maintain or enhance
these features over time. Furthermore, landowners always have the
option not to return to baseline after the term of the SHA is over.
Exclusion of these lands from critical habitat will help foster the
partnership we have developed with the Van Eck Forest Foundation
through the development and continuing implementation of the SHA and
may encourage the landowner to continue these cooperative efforts even
after the term of the SHA. In addition, this partnership may serve as a
model and aid in fostering future cooperative relationships with other
parties in other locations for the benefit of listed species. For these
reasons we have determined that the benefits of exclusion of lands
covered by the Van Eck Forest Foundation SHA outweigh the benefits of
critical habitat designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that the exclusion of 2,774 ac (1,122 ha) from the
designation of critical habitat for the northern spotted owl of lands
owned and managed by the Van Eck Forest Foundation, as identified in
their SHA will not result in extinction of the species because current
conservation efforts under the plan adequately protect the geographical
areas containing the physical or biological features essential to the
conservation of the species. For projects having a Federal nexus and
affecting northern spotted owls in occupied areas, such as in this
case, the jeopardy standard of section 7 of the Act, coupled with
protection provided under the terms of the SHA and Conservation
Easement Agreement, would provide assurances that this species will not
go extinct as a result of excluding these lands from the critical
habitat designation. Based on the above discussion, the Secretary is
exercising his discretion under section 4(b)(2) of the Act to exclude
from this final critical habitat designation portions of the proposed
critical habitat units or subunits that are within the Van Eck Forest
Foundation SHA boundary totaling 2,774 ac (1,122 ha).
State of Washington
Port Blakely Tree Farms L.P. (Morton Block) Safe Harbor Agreement,
Landowner Option Plan, and Cooperative Habitat Enhancement Agreement
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, totaling approximately 195 ac (79 ha) that are covered
under the Port Blakely Tree Farms (also known as Morton Block) SHA in
the West Cascades Central CHU in Washington. The enhancement of
survival permit associated with this SHA was noticed in the Federal
Register on December 17, 2008 (73 FR 76680) and issued May 22, 2009.
The SHA and permit include both the marbled murrelet (Brachyramphus
marmoratus) and the northern spotted owl, and covers an area of 45,306
ac (18,335 ha) of managed forest lands known as the ``Morton Block,''
in Lewis and Skamania Counties. The term of the permit and SHA is 60
years.
The covered lands have been intensively managed for timber
production and at the time the permit was issued were not known to be
occupied by northern spotted owls. The environmental baseline was
measured in terms of dispersal habitat. There are no known northern
spotted owls nesting on Port Blakely lands. However, northern spotted
owls have historically nested on adjacent Federal lands and the 1.82-
mile (2.9-km) radius circles around those sites that are used for
evaluating potential habitat availability for northern spotted owls
extend onto Port Blakely lands. Because of this, Port Blakely Tree
Farms conducted habitat evaluations of their properties to determine
the amount of suitable northern spotted owl habitat present. The
baseline estimate to be provided by the SHA is 8,360 ac (3,383 ha) of
northern spotted owl dispersal habitat.
Under the SHA, Port Blakely is implementing conservation measures
that are expected to provide net conservation benefits to the northern
spotted owl and marbled murrelet. The SHA also provides that Port
Blakely will manage their tree farm in a manner that contributes to the
goals of the Mineral Block Northern Spotted Owl Special Emphasis Area
(SOSEA) according to Washington Forest Practices Rules and Regulations
(Washington Forest Practices Board 2002, WAC 222-16-080, WAC 222-16-
086). This area is intended to facilitate dispersal of juvenile
northern spotted owls, as well as provide demographic support to core
northern spotted owl populations.
Under the SHA, Port Blakely is implementing enhanced forest-
management measures that would create potential habitat for the
northern spotted owl and marbled murrelet, such as longer harvest
rotations, additional thinning to accelerate forest growth, a snag-
creation program, retention of more fallen wood than is required by
Washington Forest Practices Rules, establishment of special management
areas and special set-aside areas, and monitoring. The terms of the
agreement are intended to produce conditions that will facilitate the
dispersal of the northern spotted owl across the Port Blakely
ownership.
At present, there are no known nesting sites for owls in the
covered area. However, portions of the covered area are within owl
management circles associated with site centers on adjacent ownerships.
The majority of the stand-management units are composed of 20- to 60-
year-old timber. There are no stands that would provide nesting
opportunities for owls in the covered area, and very little young
forest marginal habitat is present in the areas of the Morton Block
with the potential for utilization by owls that may occur on adjacent
ownerships. The young forest marginal habitat known to exist on Port
Blakely's ownership is within circles that have greater than 40 percent
suitable habitat and, thus, may be
[[Page 71955]]
harvested under Washington State Forest Practices Rules.
The SHA landscape-management approach contributes to owl recovery
by complementing the existing owl landscape-management strategies on
adjacent Federal and State forestlands. The SHA goals and objectives
for the northern spotted owl are to provide demographic interchange
through dispersal and foraging habitat across their ownership on a
dynamic basis, as well as higher-quality habitat in harvest set-asides.
These habitats provide for both dispersal and demographic interchange.
SOSEA goals are identified in the Washington State Forest Practices
Rules and shown on the SOSEA maps (see WAC 222-16-086). SOSEA goals
provide for demographic and dispersal support as necessary to
complement the northern spotted owl protection strategies on Federal
lands within or adjacent to the SOSEA (WAC 222-16-010).
Port Blakely will achieve these goals and objectives both in the
near term and over the term of the SHA by immediately protecting
special management areas and special set-aside areas of northern
spotted owl habitat, and managing commercial forested lands in the plan
area on an average rotation length of 60 years. In addition, the SHA
provides silvicultural measures to benefit the northern spotted owl,
including a thinning program and a snag-retention and creation program.
Port Blakely has agreed to collaborate with State and Federal
biologists in research efforts to better understand how their
management will influence dispersal habitat conditions in the plan
area. Port Blakely is working cooperatively with the Service, WDFW,
WDNR, and other entities that have expertise, in designing a
statistically robust snag-monitoring study. Port Blakely will also map
all leave tree areas, and mark a sample of snag and defective trees for
use in snag-monitoring studies. The SHA acknowledges uncertainty in
some aspects of anticipated results. Areas of uncertainty include the
likelihood that green retention trees will become snags during the
period between commercial thinning and future entries, as well as the
recruitment success and persistence of snags. Port Blakely has
committed to work collaboratively with agencies in these matters. The
SHA also contains monitoring and reporting requirements.
Benefits of Inclusion--Critical habitat designation on private
lands introduces a higher level of Federal scrutiny under the
interagency consultation process in section 7 of the Act. This higher
level of scrutiny can arise through two avenues. Under section 7(a)(2)
of the Act, Federal agencies that grant funds or issue permits for
proposed actions on private lands, whether or not those lands are
designated critical habitat, are required to consult with the Service
to ensure that the proposed action ``* * * is not likely to jeopardize
the continued existence of any endangered species or threatened species
* * *'' When lands are designated critical habitat, the section 7(a)(2)
consultation requirement is expanded so that the granting or permitting
Federal agencies and the Service are required to ensure that the
proposed action will not ``* * * result in the destruction or adverse
modification of critical habitat * * *'' of any endangered species or
threatened species. Critical habitat designation adds a new element to
the Federal consultation: The consideration and analysis of adverse
effects to habitat that might potentially arise from the proposed
action. In evaluating the effects of proposed actions on critical
habitat, the Service must be satisfied that the essential physical or
biological features of the critical habitat likely will not be altered
or destroyed by proposed activities to the extent that the conservation
function of the designated critical habitat would be appreciably
diminished. Briefly, if the land potentially affected by the proposed
action is not designated critical habitat, the scope of the
consultation must include a consideration of ``jeopardy'' to threatened
or endangered species; but if the same land is designated critical
habitat, the consultation must include considerations of both
``jeopardy'' and ``adverse modification'' of critical habitat.
We find that the conservation achieved through implementing these
types of agreements is typically greater than would be achieved through
multiple site-by-site, project-by-project, section 7 consultations
involving consideration of critical habitat. In addition, it is
unlikely that Federal projects would be proposed on these relatively
remote forest lands unless it was a linear project such as a powerline,
pipeline, or transportation project. Due to the scope of such projects,
they would likely already have a Federal nexus regardless whether these
lands are designated as critical habitat. While the SHA lands may not
have nesting sites on them at this time, degradation of the habitats on
the SHA or adjacent lands could be considered an adverse effect to the
species. Because one of the primary threats to the northern spotted owl
is habitat loss and degradation, the consultation process under section
7 of the Act for projects with a Federal nexus likely would, in
evaluating effects to the northern spotted owl, evaluate the effects of
the action on the conservation or functionality of the habitat for the
species, regardless of whether critical habitat is designated for these
lands. The analytical requirements to support a jeopardy determination
on excluded land are similar, but not identical, to the requirements in
an analysis for an adverse modification determination on land
designated as critical habitat. However, the amount of conservation
that could be attained through the addition of a critical habitat
analysis to the section 7 consultation would be relatively low in
comparison to the conservation provided by the SHA. The additional
benefits of inclusion on the section 7 process are therefore relatively
small.
The benefits of inclusion are further minimized because, as
mentioned above, the Port Blakely SHA provides for the needs of the
northern spotted owl by protecting and preserving landscape levels of
suitable northern spotted owl nesting, roosting, and foraging habitat,
as well as foraging and dispersal habitat over the term of the SHA in
strategic landscapes, and implementing species-specific conservation
measures designed to avoid and minimize effects to northern spotted
owls. A fundamental requirement of an SHA is a determination by the
Service that the provisions of the SHA will result in a net
conservation benefit to the listed species. Approved SHAs have,
therefore, already been determined to provide a net conservation
benefit to the listed species. In addition, monitoring will track SHA
progress over the term of the permit and provide feedback on management
actions. Therefore, designation of critical habitat would be redundant
on these lands, and would not provide additional measureable
protections.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Designation of critical habitat could inform State
agencies and local governments about areas that could be conserved
under State laws or local ordinances, such as the Washington State
Growth Management Act, which encourage the protection of ``critical
areas'' including fish and wildlife habitat conservation areas.
However, not
[[Page 71956]]
only has the public process for this rulemaking provided information to
the landowner, State agencies and local governments and the public
about the importance of this area, but the process for approving a SHA,
which requires public notice and comment, has served this educational
function as well. Through these opportunities, land owners, State
agencies, and local governments have become more aware of the status of
and threats to listed species, and the conservation actions needed for
recovery particularly as it relates to this property. For this reason,
we believe that the educational benefits that might accrue from
critical habitat designation would be minimal.
Thus, we find that there is minimal benefit from designating
critical habitat for the northern spotted owl within the Port Blakely
SHA.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 195 ac (79 ha) of lands currently
managed under the SHA are substantial and include maintaining our
partnership with this landowner. This is important because it may
encourage the company not to return to baseline immediately after
expiration of the SHA.
Excluding lands with SHAs from critical habitat designation may
also enhance our ability to seek new partnerships with future
participants including States, counties, local jurisdictions,
conservation organizations, and private landowners, which together can
implement conservation actions that we would be unable to accomplish
otherwise. If lands within the plan area are designated as critical
habitat, it could have a negative effect on our ability to work with
various companies to accomplish our goals for the SHA program and
recovery of the northern spotted owl. This SHA is located in a key
landscape between the Mineral Block and other Federal lands, and
represents a unique opportunity to maintain northern spotted owls at
the western extreme of the Cascades, which may support dispersal
between the Cascades and Olympics. This SHA contributes meaningfully to
the recovery of the northern spotted owl and serves as an example to
other industrial companies. This SHA was the first to combine a Federal
SHA effort with similar planning processes under State jurisdiction and
serves as a role model in combining SHA planning with State processes.
By excluding these lands, we preserve our current private and local
conservation partnerships and encourage additional conservation actions
in the future.
Benefits of Exclusion Outweigh the Benefits of Inclusion--In
summary, we determine that the benefits of excluding the Port Blakely
SHA from the designation of critical habitat for the northern spotted
owl outweigh the benefits of including this area in critical habitat.
We find that including the Port Blakely SHA would result in minimal, if
any, additional benefits to the northern spotted owl, as explained
above. We also find that the benefits of including these lands are
further minimized by the fact that the management strategies of the
Port Blakely SHA are designed to maintain and enhance habitat for the
northern spotted owl. The SHA includes species-specific avoidance and
minimization measures, monitoring requirements to track success and
ensure proper implementation, and forest-management practices and
habitat conservation objectives that benefit the northern spotted owl
and its habitat, which exceeds any conservation value provided as a
result of a critical habitat designation. Furthermore, encouraging
landowners to enter into voluntary conservation agreements with the
Service for the recovery of endangered or threatened species which we
believe would be one of the benefits of exclusion may outweigh the loss
of benefit that may be incurred through a possible return to baseline
following permit expiration.
Therefore, in consideration of the factors discussed above in the
Benefits of Exclusion section, including the relevant impact to current
and future partnerships, we have determined that the benefits of
exclusion of lands covered by the Port Blakely SHA outweigh the
benefits of critical habitat designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of a net of approximately 195 ac (79 ha) of
lands within the Port Blakely SHA will not result in extinction of the
northern spotted owl because current and future conservation efforts
under the agreement provide management to facilitate dispersal of
juvenile northern spotted owls, as well as provide demographic support
to core northern spotted owl populations. Further, should nesting
populations of the owl become reestablished in this area (and projects
subsequently planned that have a Federal nexus and would potentially
affect northern spotted owls), the jeopardy standard of section 7 of
the Act, coupled with protection provided by the Port Blakely SHA,
would provide a level of assurance that this species will not go
extinct as a result of excluding these lands from the critical habitat
designation. Based on the above discussion, the Secretary is exercising
his discretion under section 4(b)(2) of the Act to exclude from this
final critical habitat designation portions of the proposed critical
habitat units or subunits that are within the Port Blakely SHA totaling
about 195 ac (79 ha).
SDS Company LLC and Broughton Lumber Company Safe Harbor Agreement
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, lands totaling about 2,035 ac (824 ha) that are covered
under the SDS Lumber Company LLC and its registered business name
Stevenson Land Company (together SDS) and Broughton Lumber Company (in
total are related companies and are herein known as ``the Companies'')
SHA, in Washington and Oregon. (Note the proposed rule contained an
error, in which we mistakenly identified approximately 16,031 ac (6,487
ha) of SDS and Broughton lands for potential exclusion). The
enhancement of survival permits associated with this SHA were noticed
in the Federal Register on August 21, 2012 (77 FR 50526) and issued to
the Companies on October 26, 2012. The term of each of the permits is
60 years. The Companies collectively manage approximately 83,000 ac
(33,589 ha) of forestland in Skamania and Klickitat Counties in
Washington, and Hood River and Wasco Counties in Oregon. Much of this
ownership is composed of potential habitat outside of any owl circles
and, therefore, is currently available for harvest under Washington
State Forest Practices Rules. However, 30 northern spotted owl home
ranges overlap some portion of the Companies' land base. Most site
centers are currently located on Federal or State ownership; only one
site center is located on Companies' ownership. Because the Companies
have committed to manage their commercial forest lands for a
substantially longer rotation than the typical 45-year rotation, and to
implement additional conservation measures, northern spotted owls could
occupy the covered area in the future under the SHA.
The Companies' landscape management approach contributes to owl
recovery by complementing the existing owl landscape-management
strategies on adjacent Federal and State forestlands. The Companies'
SHA goals and objectives for the northern spotted owl are to provide
dispersal and young forest marginal habitat across their
[[Page 71957]]
ownership on a dynamic basis, as well as submature and higher quality
habitat in harvest set-asides. These habitats provide both dispersal
and demographic support, an established goal for lands within the two
northern spotted owl special emphasis areas (SOSEAs). SOSEA goals are
identified in the Forest Practices Rules and shown on the SOSEA maps
(see WAC 222-16-086). SOSEA goals provide for demographic and/or
dispersal support as necessary to complement the northern spotted owl
protection strategies on Federal lands within or adjacent to the SOSEA
(WAC 222-16-010).
The Companies will achieve these goals and objectives both in the
near term and over the term of the SHA by immediately protecting
special set-aside areas of northern spotted owl habitat and managing
commercial forested lands in the plan area on an average rotation
length of 60 years. In addition, the SHA provides silvicultural
measures to benefit the northern spotted owl, including a snag-
retention and creation program.
The SHA includes an elevated baseline, provisions for a 240-acre
nesting set-aside and a 411-acre reserve in the White Salmon SOSEA, a
10-year deferral of harvest of any habitat in the 0.7-mile circle of
the four site centers in which the Companies' covered lands comprise
greater than 15 percent, future nest site protection, and the support
and enhancement of existing conservation agreements. The SHA will
include a monitoring and reporting schedule to ensure that the
anticipated benefits will accrue both in the near term and over the
term of the SHA.
Benefits of Inclusion--We find that there is minimal benefit from
designating critical habitat for the northern spotted owl within the
SDS SHA. It is unlikely that Federal projects would be proposed on
these relatively remote forest lands unless it was a linear project
such as a powerline, pipeline, or transportation project. Due to the
scope of such projects, they would likely already have a Federal nexus
regardless whether these lands are designated as critical habitat. Even
where the SHA lands may not have nesting sites on them at this time,
degradation of the habitats on the SHA or adjacent lands could be
considered an adverse effect to the species. Because one of the primary
threats to the northern spotted owl is habitat loss and degradation,
the consultation process under section 7 of the Act for projects with a
Federal nexus likely would, in evaluating effects to the northern
spotted owl, evaluate the effects of the action on the conservation or
functionality of the habitat for the species, regardless of whether
critical habitat is designated for these lands. The analytical
requirements to support a jeopardy determination on excluded land are
similar, but not identical, to the requirements in an analysis for an
adverse modification determination on land designated as critical
habitat. However, the amount of conservation that could be attained
through the addition of a critical habitat analysis to the section 7
consultation would be relatively low in comparison to the conservation
provided by the SHA, as discussed below. The additional benefits of
inclusion on the section 7 process are therefore relatively small.
The benefits of inclusion are further minimized because this SHA
provides for the needs of the northern spotted owl by protecting and
preserving landscape levels of suitable northern spotted owl nesting,
roosting, and foraging habitat, as well as foraging and dispersal
habitat over the term of the SHA in strategic landscapes, and
implementing species-specific conservation measures designed to avoid
and minimize effects to northern spotted owls. A fundamental
requirement of an SHA is a determination by the Service that the
provisions of the SHA will result in a net conservation benefit to the
listed species. Approved SHAs have, therefore, already been determined
to provide a net conservation benefit to the listed species. In
addition, funding for management is ensured through the Implementation
Agreement. Such assurances are typically not provided by section 7
consultations, which in contrast to SHAs, do not commit the project
proponent to long-term, special management practices or protections. In
addition, monitoring will track SHA progress over the term of the
permit and provide feedback on management actions. Therefore,
designation of critical habitat would be redundant on these lands, and
would not provide additional measureable protections.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Designation of critical habitat could inform State
agencies and local governments about areas that could be conserved
under State laws or local ordinances, such as the Washington State
Growth Management Act, which encourage the protection of ``critical
areas'' including fish and wildlife habitat conservation areas.
However, not only has the public process for this rulemaking provided
information to the landowner, State agencies and local governments and
the public about the importance of this area, but the process for
approving a SHA, which also requires public notice and comment, has
served this educational function too. Through these opportunities, land
owners, State agencies, and local governments have become more aware of
the status of and threats to listed species, and the conservation
actions needed for recovery particularly as it relates to this
property. For these reasons, we believe that the educational benefits
that might accrue from critical habitat designation would be minimal.
Therefore, we find that there is minimal benefit from designating
critical habitat for the northern spotted owl within this SHA.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 2,035 ac (824 ha) of lands currently
managed under the SHA are substantial and include maintaining our
partnership with this landowner. This is important because it may
encourage the company not to return to baseline immediately after
expiration of the SHA.
Excluding lands with SHAs from critical habitat designation may
also enhance our ability to seek new partnerships with future
participants including States, counties, local jurisdictions,
conservation organizations, and private landowners, which together can
implement conservation actions that we would be unable to accomplish
otherwise. If lands within the plan area are designated as critical
habitat, it could have a negative effect on our ability to work with
various companies to accomplish our goals for the SHA program and
recovery of the northern spotted owl. This SHA is located in key
northern spotted owl landscapes and contributes meaningfully to the
recovery of the northern spotted owl. Two SOSEAs, the White Salmon and
Columbia Gorge SOSEAs, encompass approximately 54 percent of the
Companies' lands in Skamania and Klickitat Counties. The Companies'
landscape-management approach contributes to northern spotted owl
recovery by complementing the existing northern spotted owl landscape-
management strategies on adjacent Federal and State forestlands. With
the Companies' participation in northern spotted owl conservation, it
will be the first time in these SOSEAs, that a private landowner has
joined State and Federal land managers to
[[Page 71958]]
implement a landscape approach for northern spotted owl habitat. The
Companies' lands provide a major link in the goal of managing both the
Columbia River and White Salmon SOSEAs under a unified landscape-
management regime rather than a competitive harvesting regime under
owl-circle management.
The designation of critical habitat could nonetheless have an
unintended negative effect on our relationship with non-Federal
landowners due to the perceived imposition of redundant government
regulation. If lands within the SDS SHA plan area are designated as
critical habitat, it would likely have a negative effect on our ability
to establish new partnerships to develop SHAs, HCPs, and other
conservation plans, particularly plans that address landscape-level
conservation of species and habitats. This SHA is being observed by
other land and timber companies in Washington and Oregon and may serve
as a model for ongoing and future efforts. By excluding these lands, we
preserve our current private and local conservation partnerships and
encourage additional conservation actions in the future.
Benefits of Exclusion Outweigh the Benefits of Inclusion--In
summary, we determine that the benefits of excluding the SDS SHA from
the designation of critical habitat for the northern spotted owl
outweigh the benefits of including this area in critical habitat. We
find that including it would result in minimal, if any, additional
benefits to the northern spotted owl, as explained above. We also find
that the benefits of including these lands are further minimized by the
fact that the management strategies of the SHA are designed to maintain
and enhance habitat for the northern spotted owl. The SHA includes
species-specific avoidance and minimization measures, monitoring
requirements to track success and ensure proper implementation, and
forest-management practices and habitat conservation objectives that
benefit the northern spotted owl and its habitat, which exceeds any
conservation value provided as a result of a critical habitat
designation. Furthermore, encouraging landowners to enter into
voluntary conservation agreements with the Service for the recovery of
endangered or threatened species which we believe would be one of the
benefits of exclusion may outweigh the loss of benefit that may be
incurred through a possible return to baseline following permit
expiration.
Therefore, in consideration of the factors discussed above in the
Benefits of Exclusion section, including the relevant impact to current
and future partnerships, we have determined that the benefits of
exclusion of lands covered by the Port Blakely SHA outweigh the
benefits of critical habitat designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of a net of approximately 2,035 ac (824 ha)
of lands within the SDS SHA will not result in extinction of the
northern spotted owl because, under this agreement, the landscape
management approach contributes to owl recovery by complementing the
existing owl landscape-management strategies on adjacent Federal and
State forestlands. The SDS SHA goals and objectives for the northern
spotted owl are to provide dispersal and young forest marginal habitat
across their ownership on a dynamic basis, as well as submature and
higher quality habitat in harvest set-asides. These habitats provide
both dispersal and demographic support, an established goal for lands
within the two northern spotted owl special emphasis areas (SOSEAs).
Further, for projects having a Federal nexus and affecting northern
spotted owls in occupied areas, the jeopardy standard of section 7 of
the Act, coupled with protection provided by the SDS SHA, would provide
a level of assurance that this species will not go extinct as a result
of excluding these lands from the critical habitat designation. We find
that exclusion of these lands within the SDS SHA will not result in
extinction of the northern spotted owl. Based on the above discussion,
the Secretary is exercising his discretion under section 4(b)(2) of the
Act to exclude from this final critical habitat designation portions of
the proposed critical habitat units or subunits that are within the SDS
SHA totaling about 2,035 ac (824 ha).
How We Evaluate Lands Protected Under HCPs for Exclusion
The consultation provisions under section 7(a)(2) of the Act
constitute a regulatory benefit of critical habitat. Federal agencies
must consult with us on actions that may affect critical habitat and
must avoid destroying or adversely modifying critical habitat. In areas
without designated critical habitat, Federal agencies consult with us
on actions that may affect a listed species and must refrain from
undertaking actions that are likely to jeopardize the continued
existence of the species. Thus, the analysis of effects to critical
habitat is a separate and different analysis from that of the effects
to the species. The difference in outcomes of these two analyses
represents the regulatory benefit of critical habitat. For some
species, and in some locations, the outcome of these analyses will be
similar, because effects on habitat will often result in effects on the
species. However, the regulatory standard is different: The jeopardy
analysis looks at the action's impact on survival and recovery of the
species, while the adverse modification analysis looks at the action's
effects on the designated habitat's contribution to the species'
conservation. This will, in some instances, lead to different results
or consultation where it might not have otherwise occurred (e.g. in
habitat not currently occupied by the species).
Once an agency determines that consultation under section 7 of the
Act is necessary, the process may conclude informally when we concur in
writing that the proposed Federal action is not likely to adversely
affect critical habitat. However, if the action agency determines
through informal consultation that adverse effects are likely to occur,
then it would initiate formal consultation, which would conclude when
we issue a biological opinion on whether the proposed Federal action is
likely to result in destruction or adverse modification of critical
habitat. A biological opinion that concludes in a determination of no
destruction or adverse modification may contain discretionary
conservation recommendations to minimize adverse effects to critical
habitat, but it would not contain any mandatory reasonable and prudent
measures or terms and conditions because these do not apply to critical
habitat. In addition, we suggest reasonable and prudent alternatives to
the proposed Federal action only when our biological opinion finds that
the action may destroy or adversely modify critical habitat.
The process of designating critical habitat as described in the Act
requires, in part, that the Service identify those lands occupied at
the time of listing on which are found the physical or biological
features essential to the conservation of the species, which may
require special management considerations or protection and any
unoccupied lands that are essential to the conservation of the species.
In identifying those lands, the Service must consider the recovery
needs of the species. Once critical habitat has been designated,
Federal agencies must consult with the Service under section 7(a)(2) of
the Act on their actions that may adversely affect the species or
critical habitat to ensure that their actions are not likely to
adversely
[[Page 71959]]
modify critical habitat or jeopardize the continued existence of the
species.
We find that in some cases, the conservation benefits to a species
and its habitat that may be achieved through the designation of
critical habitat are less than those that could be achieved through the
implementation of a habitat conservation management plan that includes
specific provisions based on enhancement or recovery as the management
standard. Consequently, the implementation of any HCP or management
plan that considers enhancement or recovery as the management standard
will often provide as much or more benefit than a section 7(a)(2)
consultation under the Act. There may be some regulatory benefit that
results from designating critical habitat in the areas covered by the
HCPs because of section 7 consultation requirements; however, they are
often minimal compared to the benefits of exclusion.
Non-Federal landowners are often motivated to work with the Service
collaboratively to develop HCPs because of the regulatory certainty
provided by an incidental take permit under section 10(a)(1)(B) of the
Act, including assurances under the No Surprises Policy (63 FR 8859;
February 23, 1998). The No Surprises Policy sets forth a clear
commitment to incidental take permittees that, to the extent consistent
with the Act and other Federal laws, the government will not seek
additional mitigation under an approved HCP where the permittee is
implementing the HCP's terms and conditions. Although the HCP process
can be complex and time-consuming, the benefit to landowners in
undertaking this extensive process is not only incidental take
authorization but the resulting regulatory certainty, which translates
into real savings for private landowners in terms of opportunity costs,
as well as direct savings and avoided costs. Designation of critical
habitat within the boundaries of already approved HCPs may be viewed as
a disincentive by other entities currently developing HCPs or
contemplating them in the future, because it may be perceived as
imposing duplicative regulatory burdens. In discussions with the
Service, HCP permittees have indicated they view critical habitat
designation as an unnecessary additional intrusion on their property,
and have expressed concern that the Service may request new
conservation measures for the northern spotted owl, even though they
have an existing HCP and associated incidental take permit that has
already gone through NEPA and the section 7 consultation process
already in place.
Although parties whose actions may take listed species may still
desire incidental take permits to avoid liability under section 9 of
the Act, failure to exclude HCP lands from critical habitat could
reduce the conservation value of the HCP program in several ways.
First, parties may be less willing to seek a section 10 (a)(2) permit
and develop an HCP where they are not certain their actions will cause
incidental take in order to avoid involving the Federal government when
that involvement could lead to future section 7 consultations because
of critical habitat designation. Second, in any given HCP, applicants
may reduce the amount of protection to which they are willing to agree,
in effect holding some additional protective measures ``in reserve''
for use in any future discussions to address critical habitat. The
failure to exclude qualified HCP lands from critical habitat
designations could decrease the program's efficacy and have profound
effects on our ability to establish and maintain important conservation
partnerships with stakeholders.
Excluding qualified HCP lands from critical habitat provides
permittees with the greatest possible certainty, and thereby may help
foster the cooperation necessary to allow the HCP program to achieve
the greatest possible conservation benefit. Thus, excluding the lands
covered by HCPs may improve the Service's ability to enter into new
partnerships. In addition, permittees who trust and benefit from the
HCP process may encourage future HCP participants, such as States,
counties, local jurisdictions, conservation organizations, and private
landowners, leading to new HCPs that may result in implementation of
conservation actions we would be unable to accomplish otherwise.
Excluding lands covered under HCPs from the critical habitat
designation may also relieve landowners from the possibility of any
additional regulatory burden and costs associated with the preparation
of section 7 documents related to critical habitat. While the costs of
providing these additional documents to the Service is minor, there may
be resulting delays that generate perceived or very real costs to
private landowners in the form of opportunity costs, as well as direct
costs.
HCPs can provide other important conservation benefits, including
the development of important biological information needed to guide
conservation efforts and assist in species conservation outside the HCP
planning area. Each of the HCPs evaluated below have some component of
adaptive forest management to address uncertainties in achieving their
agreed-upon conservation objectives for the northern spotted owl. The
adaptive management strategy helps to ensure management will continue
to be consistent with agreed-upon northern spotted owl conservation
objectives.
Below is a brief description of each HCP and the lands proposed as
critical habitat covered by each plan that we have excluded from
critical habitat designation under section 4(b)(2) of the Act.
State of California
Green Diamond Resource Company Habitat Conservation Plan
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, that are covered under the Green Diamond Resource Company
Northern Spotted Owl Habitat Conservation Plan of 1992. The Green
Diamond Resource Company (Green Diamond, formerly Simpson Timber
Company) operates under a northern spotted owl HCP within the Redwood
Coast Critical Habitat Unit in California. The Incidental Take Permit
(ITP) issued in association with this HCP was initially noticed in the
Federal Register on May 27, 1992 (57 FR 22254) and issued September 17,
1992. Both the HCP and the permit had a term of 30 years, with a
comprehensive review scheduled after 10 years to review the efficacy of
the plan. The permit allows incidental take of up to 50 pairs of
northern spotted owls and their habitat during the course of timber
harvest operations on 369,384 ac (149,484 ha) of forest lands in Del
Norte and Humboldt Counties.
At the time the permit was issued, more than 100 northern spotted
owl nest sites or activity centers were known or suspected on the
property. The Service determined that the projected growth and harvest
rates indicated more habitat of the age class primarily used by
northern spotted owls would exist on the property at the end of the 30-
year permit period. In addition, the HCP provided that nest sites would
be protected during the breeding season, and no direct killing or
injuring of owls was anticipated. Green Diamond also agreed to continue
their monitoring programs, in which more than 250 adult owls and more
than 100 juveniles were already banded, as well as analyses of timber
stands used by owls. As required by the terms of the HCP, Green Diamond
and the Service conducted a comprehensive review of the first 20
[[Page 71960]]
years of implementation, including a comparison of actual and estimated
levels of owl displacement, a comparison of estimated and actual
distribution of habitat, a reevaluation of the biological basis for the
HCP's conservation strategy, an examination of the efficacy of and
continued need for habitat set-asides, and an estimate of future owl
displacements. During the comprehensive review, Green Diamond requested
an amendment to the 1992 ITP to allow incidental take of up to eight
additional northern spotted owl pairs. This request was noticed in the
Federal Register on February 26, 2007 (72 FR 8393) and the modified
permit was issued in October 2007.The original Green Diamond Northern
Spotted Owl HCP relied on extensive monitoring and research to inform
development of more comprehensive conservation strategies for their
lands. The outcome of 20 years of implementation of Green Diamond's
1992 informed the Service and Green Diamond on how to develop new, or
modify the original, conservation strategies to further benefit the
northern spotted owl.
On April 16, 2010, we announced our intent to prepare an
Environmental Impact Statement (EIS) under the National Environmental
Policy Act (NEPA) in response to an expected new HCP from Green
Diamond, which would include provisions for the northern spotted owl
and possibly the Pacific fisher (Martes pennanti), a species that may
be considered for listing during the term of the HCP. This new HCP, if
completed and approved, would replace the 1992 HCP, and would require
the issuance of a new incidental take permit. The proposed new HCP is
intended to address the retention of suitable northern spotted owl
nesting habitat, the development of older forest habitat elements and
habitat structures, and future establishment of northern spotted owl
nest sites in streamside retention zones. In addition, the new plan
will help cluster owl sites in favorable habitat areas, and initiate
future research on other wildlife species such as fishers and barred
owls. Since this new draft HCP has not yet been completed, the draft
HCP does not serve as the basis for exclusion and we only provide this
information in terms of demonstrating the progression of involvement
and partnership between the Service and Green Diamond. The existing
HCP, originally completed in 1992, is still in effect as of this date
and serves, in part, as the basis for this exclusion.
Since approval of the 1992 HCP, personnel from Green Diamond, along
with academic and research institutions, have been the largest single
contributor of scientific information on the ecology of northern
spotted owls and their habitats on managed forest lands in the redwood
region, in the form of graduate theses and peer-reviewed papers. Since
the initial listing of the northern spotted owl in 1990, Green Diamond
has maintained on their lands 1 of the 11 demographic study areas
within the range of the northern spotted owl that have been used for
rangewide monitoring and evaluation of populations and population
trends in the Pacific northwest. This important demographic information
is reported in a continuing series of monographs, the most recent being
Forsman et al. (2011).
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands that might trigger such consultation is
limited; there is little likelihood of an action that will involve
Federal funding, authorization, or implementation. In addition, since
the lands under the HCP in question are occupied by the northern
spotted owl, if a Federal nexus were to occur, section 7 consultation
would already be triggered and the Federal agency would consider the
effects of its actions on the species through a jeopardy analysis.
While the jeopardy and adverse modification standards are different,
the additional conservation that could be attained through the
supplemental adverse modification analysis for critical habitat under
section 7 would not be significant in light of the benefits of the HCP,
which already incorporates protections and management objectives for
the northern spotted owl and the habitat upon which it depends for
breeding, sheltering, and foraging activities. The conservation
approach identified in the Green Diamond HCP, along with our close
coordination with the company, addresses the identified threats to
northern spotted owl on lands covered by the HCP that contain the
physical or biological features essential to the conservation of the
species. The conservation measures identified within the HCP seek to
achieve conservation goals for northern spotted owls and their habitat,
and thus can be of greater conservation benefit than the designation of
critical habitat, which does not require specific, proactive actions.
HCPs typically provide for greater conservation benefits to a covered
species than section 7 consultations because HCPs ensure the long-term
protection and management of a covered species and its habitat. In
addition, funding for such management is ensured through the
Implementation Agreement. Such assurances are typically not provided by
section 7 consultations, which in contrast to HCPs, often do not commit
the project proponent to long-term, special management practices or
protections. Thus, a section 7 consultation typically does not afford
the lands it covers similar extensive benefits as an HCP. In addition,
the protections of critical habitat come into play only in the event of
a Federal action, whereas the protections of an HCP are in continuous
force.
Another potential benefit of including lands in a critical habitat
designation is that the designation can serve to educate landowners,
State and local government agencies, and the public regarding the
potential conservation value of an area, and may help focus
conservation efforts on areas of high conservation value for certain
species. Any information about the northern spotted owl and its habitat
that reaches a wider audience, including parties engaged in
conservation activities, is valuable. However, in this case the
educational value of critical habitat is limited. Green Diamond has
already made substantial contributions to our knowledge of the species
through research and monitoring without critical habitat designated on
their lands. In addition, the educational and informational benefits
that might arise from critical habitat designation have been largely
accomplished through the public review and comment on the HCP and
associated documents. The release of the Revised Recovery Plan for the
Northern Spotted Owl in 2011 was also preceded by outreach efforts and
public comment opportunities. Furthermore, we conducted extensive
outreach efforts on the proposed revision of critical habitat,
including multiple public information meetings and opportunities for
public comment. Through these outreach opportunities, land owners,
State agencies, and local governments have become aware of the status
of and threats to the northern spotted owl, and the conservation
actions needed for recovery.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These
[[Page 71961]]
measures may include additional permitting requirements or a higher
level of local review on proposed projects. However, CALFIRE has
indicated to us that it is unlikely to impose any new requirements on
project proponents if critical habitat is designated in areas already
subject to California Forest Practice Rules. Therefore, we believe this
potential benefit of critical will be limited.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 369,864 ac (149,484 ha) of lands
currently managed under the Green Diamond HCP are significant. We have
created a close partnership with Green Diamond through development of
the HCP, and they have proven to be an invaluable partner in the
conservation of the northern spotted owl. Green Diamond has made a
significant contribution to our knowledge of the northern spotted owl
through their support of continuing research on their lands. Excluding
the approximately 369,864 ac (149,484 ha) owned and managed by Green
Diamond from critical habitat designation will sustain and enhance the
working relationship between the Service and Green Diamond. The
willingness of Green Diamond to work with the Service in innovative
ways to conduct solid scientific research and manage federally listed
species will continue to reinforce those conservation efforts and our
partnership, which contribute toward achieving recovery of the northern
spotted owl. Due to the important research they are facilitating, we
consider this voluntary partnership in conservation vital to our
understanding of the northern spotted owl status of species on non-
Federal lands and necessary for us to implement recovery actions such
as habitat protection and restoration, and beneficial management
actions for species.
The designation of critical habitat could have an unintended
negative effect on our relationship with non-Federal landowners due to
the perceived imposition of redundant government regulation. If lands
within the Green Diamond HCP are designated as critical habitat, it
would likely have a negative effect on our continued ability to seek
new partnerships with future participants including States, counties,
local jurisdictions, conservation organizations, and private
landowners, which together can implement various conservation actions
(such as SHAs, HCPs, and other conservation plans) that we would be
unable to accomplish otherwise. In addition, our conservation
partnership with Green Diamond may serve as a model and aid in
fostering future cooperative relationships with other parties in other
locations for the benefit of listed species. We consider the positive
effect of excluding proven conservation partners from critical habitat
to be a significant benefit of exclusion.
The Benefits of Exclusion Outweigh the Benefits of Inclusion--We
reviewed and evaluated the exclusion of approximately 369,864 ac
(149,484 ha) of land owned and managed by the Green Diamond Resource
Company from our designation of critical habitat. The benefits of
including these lands in the designation are comparatively small, since
the habitat on the covered lands is already being monitored and managed
under the current HCP to improve the habitat elements that are
equivalent to the physical or biological features outlined in this
critical habitat rule. Any potential regulatory benefits of critical
habitat would be minimal, at best, as additional Federal review on
individual proposed actions is episodic and confined to the scope and
scale of the specific Federal actions that take the form of project
review or granting of funds. In any case, any potential regulatory
benefit that would be gained from a supplemental adverse modification
analysis, should section 7 be triggered, would likely be minimal since
the protections afforded by critical habitat would be duplicative with
the protections provided through the HCP. Educational benefits to the
company that might be attributed to critical habitat designation are
limited because the company already has an active program of research
and analysis that is embedded in company planning. In addition,
extensive outreach efforts that have already occurred in conjunction
with the HCP, Revised Recovery Plan, and the proposed revision of
critical habitat have raised awareness of the current status of and
threats to the northern spotted owl, and the conservation actions
needed for recovery. Green Diamond has made a significant contribution
to the body of scientific information about the northern spotted owl in
the redwood region.
In this instance, the regulatory and educational benefits of
inclusion in critical habitat are minimal compared to the significant
benefits gained through our conservation partnership with Green
Diamond. In addition, the conservation measures of their HCP serves not
only an educational function for the company and local and State
regulatory jurisdictions, but also provides for significant
conservation and management of northern spotted owl habitat and
contributes to the recovery of the species. The HCP provisions for
protecting and maintaining northern spotted owl habitat far exceed the
conservation benefits that would be obtainable through section 7
consultation. The company's current program of research on the northern
spotted owl habitat and demographics could not be obtained through
section 7 consultation.
Exclusion of these lands from critical habitat will help foster the
partnership we have developed with Green Diamond, partly through the
development and continuing implementation of the HCP, and partly
through the encouragement of elective actions by the company that are
unconnected to the HCP. For example, Green Diamond's elective role in
maintaining a demographic study area, which is a key part of the
network of demographic study areas essential to determining the
rangewide population trends of the northern spotted owl, is integral to
continuing research on the species. Our partnership with Green Diamond
not only provides a benefit for the conservation of the northern
spotted owl, but it may also serve as a model and aid in fostering
future cooperative relationships with other parties in other locations
for the benefit of listed species. For these reasons, we have
determined that the benefits of exclusion of lands covered by the Green
Diamond Resource Company HCP outweigh the benefits of critical habitat
designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that the exclusion of 369,864 ac (149,484 ha) from the
designation of critical habitat for the northern spotted owl of lands
owned and managed by the Green Diamond Resource Company, as identified
in their HCP, will not result in extinction of the species because
current conservation efforts under the plan adequately protect the
geographical areas containing the physical or biological features
essential to the conservation of the species. For those infrequent
projects having a Federal nexus and affecting northern spotted owls on
these lands, which are occupied by the species, the jeopardy standard
of section 7 of the Act, coupled with protection provided by the
current Green Diamond HCP, would provide a level of assurance that this
species will not go extinct as a result of excluding these lands from
the critical habitat designation. Based on the above discussion, the
Secretary is exercising his discretion under section 4(b)(2) of
[[Page 71962]]
the Act to exclude from this final critical habitat designation
portions of the proposed critical habitat units or subunits that are
within the Green Diamond HCP boundary totaling 369,864 ac (149,484 ha).
Humboldt Redwood Company Habitat Conservation Plan
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, that are covered under the Humboldt Redwood Company
(formerly Pacific Lumber) HCP in the Redwood Coast CHU in California.
The permit under this HCP with a term of 50 years was noticed on July
14, 1998 (63 FR 37900) and issued on March 1, 1999. The HCP includes
208,172 ac (84,244 ha) of commercial timber lands in Humboldt County,
essentially all of the formerly Pacific Lumber timberlands outside of
the Headwaters Reserve, which is currently under Bureau of Land
Management administration. The Humboldt Redwood Company HCP includes
nine nonlisted species (including one candidate species) and three
listed species, including the northern spotted owl. Activities covered
by the HCP include forest management activities and mining or other
extractive activities. With regard to the northern spotted owl in
particular, the HCP addresses the harvest, retention, and recruitment
of requisite habitat types and elements within watershed assessment
areas and individual northern spotted owl activity sites. The
management objectives of the HCP are to minimize disturbance to
northern spotted owl activity sites, monitor to determine whether these
efforts maintain a high-density and productive population of northern
spotted owls, and apply adaptive forest management provisions as
necessary to evaluate or modify existing conservation measures. In
addition, there are specific habitat retention requirements to conserve
habitat for foraging, roosting, and nesting at northern spotted owl
activity sites. The other conservation elements of the HCP are also
expected to aid in the retention and recruitment of potential foraging,
roosting, and nesting habitat in watersheds across the ownership. For
example, the HCP establishes a network of marbled murrelet conservation
areas, outlines silvicultural requirements associated with riparian
management zones and mass wasting avoidance areas, imposes cumulative
effects/disturbance index restrictions, and contains a retention
standard of 10 percent late seral habitat in each watershed assessment.
Each of these measures is likely to provide additional suitable habitat
for the northern spotted owl.
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands that might trigger such consultation is
limited since there is little likelihood of an action that will involve
Federal funding, authorization, or implementation. In addition, since
the lands under the HCP in question are occupied by the northern
spotted owl, if a Federal nexus were to occur, section 7 consultation
would already be triggered and the Federal agency would consider the
effects of its actions on the species through a jeopardy analysis.
Although the jeopardy and adverse modification standards are different,
the additional conservation that could be attained through the
supplemental adverse modification analysis for critical habitat under
section 7 would not be significant because the HCP incorporates
protections and management objectives for the northern spotted owl and
the habitat upon which it depends for breeding, sheltering, and
foraging activities. The conservation approach identified in the HCP,
along with our close coordination with the Humboldt Redwood Company,
addresses the identified threats to northern spotted owl on lands
covered by the HCP that contain the physical or biological features
essential to the conservation of the species. The conservation measures
identified within the HCP seek to achieve conservation goals for
northern spotted owls and their habitat, and thus can be of greater
conservation benefit than the designation of critical habitat, which
does not require specific, proactive actions. HCPs typically provide
for greater conservation benefits to a covered species than section 7
consultations because HCPs ensure the long-term protection and
management of a covered species and its habitat. In addition, funding
for such management is ensured through the Implementation Agreement.
Such assurances are typically not provided by section 7 consultations,
which in contrast to HCPs, often do not commit the project proponent to
long-term, special management practices or protections. Thus, a section
7 consultation typically does not afford the lands it covers similar
extensive benefits as an HCP. In addition, the protections of critical
habitat come into play only in the event of a Federal action, whereas
the protections of an HCP are in continuous force.
The HCP conservation measures that provide direct and indirect
benefits to the northern spotted owl and its habitat have been
implemented continuously since 1999 on all covered lands owned and
managed by the Humboldt Redwood Company. Northern spotted owl
conservation measures are subject to re-evaluation and modification
through active adaptive forest management provisions in the Plan, which
can be initiated by the Service or by the Company.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Any information about the northern spotted owl and its
habitat that reaches a wider audience, including parties engaged in
conservation activities, is valuable. The landowners in this case are
aware of the needs of the species through the development of their HCP,
in which they have agreed to take measures to protect the northern
spotted owl and its habitat. Any additional educational and information
benefits that might arise from critical habitat designation have been
largely accomplished through the public review of and comment on the
HCP and the associated permit. The release of the Revised Recovery Plan
for the Northern Spotted Owl in 2011 was also preceded by outreach
efforts and public comment opportunities. In addition, the rulemaking
process associated with critical habitat designation included several
opportunities for public comment, and we also held multiple public
information meetings across the range of the species. Through these
outreach opportunities, land owners, State agencies, and local
governments have become aware of the current status of and threats to
the northern spotted owl, and the conservation actions needed for
recovery.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher
[[Page 71963]]
level of local review on proposed projects. However, CALFIRE has
indicated to use that it is unlikely to impose any new requirements on
project proponents if critical habitat is designated in areas already
subject to California Forest Practice Rules. Therefore, we believe this
potential benefit of critical will be limited.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 208,172 ac (84,244 ha) of lands
currently managed under the Humboldt Redwood Company (formerly Pacific
Lumber Company) HCP are significant. Although the HCP was originally
negotiated with Pacific Lumber, we have developed a good working
rapport with Humboldt Redwood Company, and expect this conservation
partnership to continue through the implementation of the HCP. We
consider conservation partnerships with private landowners to represent
an integral component of recovery for listed species. However, the
designation of critical habitat could have an unintended negative
effect on our relationship with non-Federal landowners due to the
perceived imposition of redundant government regulation. If lands
within the Humboldt Redwood Company HCP are designated as critical
habitat, it would likely have a chilling effect on our continued
ability to seek new partnerships with future participants including
States, counties, local jurisdictions, conservation organizations, and
private landowners, which together can implement various conservation
actions (such as SHAs, HCPs, and other conservation plans) that we
would be unable to accomplish otherwise.
Excluding the approximately 208,172 ac (84,244 ha) owned and
managed by the Humboldt Redwood Company from critical habitat
designation will sustain and enhance the working relationship between
the Service and the Company, and will bolster our ability to pursue
additional conservation partnerships for the benefit of listed species.
The willingness of the Humboldt Redwood Company to work with us to
manage their forest lands for the benefit of the northern spotted owl
will continue to reinforce those conservation efforts and our
partnership, which contributes to the recovery of the species. We
consider this voluntary partnership in conservation important to our
understanding of the status of northern spotted owls on non-Federal
lands and necessary for us to implement recovery actions such as
habitat protection and restoration, and beneficial management actions
for species. In addition, as noted above, our conservation partnership
with the Humboldt Redwood Company may serve as a model and aid in
fostering future cooperative relationships with other parties in other
locations for the benefit of listed species. We consider the positive
effect of excluding proven conservation partners from critical habitat
to be a significant benefit of exclusion.
The Benefits of Exclusion Outweigh the Benefits of Inclusion--We
have reviewed and evaluated the exclusion, from critical habitat
designation, of approximately 208,172 ac (84,244 ha) of land owned and
managed by the Humboldt Redwood Company. The benefits of including
these lands in the designation are comparatively small, since the
habitat on the covered lands is already being monitored and managed
under the current HCP to improve the habitat elements that are
equivalent to the physical or biological features that are outlined in
this critical habitat rule. Because one of the primary threats to the
northern spotted owl is habitat loss and degradation, the consultation
process under section 7 of the Act for projects with a Federal nexus in
areas occupied by the species, such as is the case here, will, in
evaluating effects to the northern spotted owl, evaluate the effects of
the action on the conservation or function of the habitat for the
species regardless of whether critical habitat is designated for these
lands. The analytical requirements to support a jeopardy determination
on excluded land are similar, but not identical, to the requirements in
an analysis for an adverse modification determination on included land.
However, the HCP provides habitat conservation measures that apply for
the benefit of northern spotted owl. In addition, educational benefits
are limited, since outreach efforts associated with various
conservation actions for this species have been extensive, and members
of the public, as well as State and local agencies, are likely familiar
with the species and its biological needs. Company personnel are
knowledgeable in the ecology of the northern spotted owl and have
contributed to the body of scientific information about the northern
spotted owl in the redwood region. In this case, the regulatory and
education benefits of inclusion are less than the continued benefit of
this conservation partnership.
Humboldt Redwood Company has made important contributions to our
understanding of the ecology of the northern spotted owl and its
habitats in the redwood region, and continues to do so through HCP
implementation and long-term monitoring. The Service recognizes the
conservation value of partnerships with non-Federal landowners, such as
the Humboldt Redwood Company, which allow us to achieve conservation
measures that would not otherwise be attainable on these private lands.
We have determined that our conservation partnership with the Humboldt
Redwood Company HCP, in conjunction with the conservation measures
provided in the HCP, provide a greater benefit than would the
regulatory and educational benefits of critical habitat designation.
Furthermore, we have determined that the additional regulatory benefits
of designating critical habitat, afforded through the section 7(a)(2)
consultation process, are minimal because of limited Federal nexus and
because conservation measures specifically benefitting the northern
spotted owl and its habitat are in place through the implementation of
the HCP. Therefore, in consideration of the factors discussed above in
the Benefits of Exclusion section, including the relevant impact to
current and future partnerships, we have determined that the benefits
of exclusion of lands covered by the Humboldt Redwood Company HCP
outweigh the benefits of critical habitat designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that the exclusion of 208,172 ac (84,244 ha) from the
designation of critical habitat for the northern spotted owl of lands
owned and managed by the Humboldt Redwood Company, as identified in
their HCP, will not result in extinction of the species because current
conservation efforts under the plan adequately protect the geographical
areas containing the physical or biological features essential to the
conservation of the species. For projects having a Federal nexus and
affecting northern spotted owls in occupied areas, which is the case
here, the jeopardy standard of section 7 of the Act, coupled with
protection provided by the current Humboldt Redwood Company HCP, would
provide a high level of assurance that this species will not go extinct
as a result of excluding these lands from the critical habitat
designation. Based on the above discussion, the Secretary is exercising
his discretion under section 4(b)(2) of the Act to exclude from this
final critical habitat designation portions of the proposed critical
habitat units or subunits that are within the Humboldt Redwood Company
HCP boundary totaling 208,172 ac (84,244 ha).
[[Page 71964]]
Regli Estate Habitat Conservation Plan
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, that are covered under the Regli Estate HCP in the Redwood
Coast CHU. The permit issued under this HCP in 1995 (noticed July 17,
1995 (60 FR 36432) and issued August 30, 1995) covers 484 ac (196 ha)
in Humboldt County, California, to be used for forest management
activities.
Two listed species, the marbled murrelet and northern spotted owl,
as well as two nonlisted species, are covered under the incidental take
permit. Provisions in the HCP for the northern spotted owl include the
mitigation of impacts from forest management activities by using
single-tree selection silviculture that would retain owl foraging
habitat suitability in all harvested areas; protecting an 80-ac (32-ha)
core nesting area for one of the two owl pairs known to exist in the
HCP area; and planting conifer tree species on approximately 73 ac (30
ha) of currently nonforested habitat within the HCP area, which would
result in a net increase in forested habitat over time. In addition,
take of owls would be minimized using seasonal protection measures
specified in the HCP.
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands that might trigger such consultation is
limited since there is little likelihood of an action that will involve
Federal funding, authorization, or implementation. In addition, since
the lands under the HCP in question are occupied by the northern
spotted owl, if a Federal nexus were to occur, section 7 consultation
would already be triggered and the Federal agency would consider the
effects of its actions on the species through a jeopardy analysis. The
additional conservation that could be attained through the supplemental
adverse modification analysis for critical habitat under section 7
would not be significant because this HCP incorporates measures that
specifically benefit the northern spotted owl and its habitat. The HCP
incorporates protections and management objectives for the northern
spotted owl designed to produce a net increase in forested habitat for
the species over time. The conservation measures identified within the
HCP seek to achieve conservation goals for northern spotted owls and
their habitat can be of greater conservation benefit than the
designation of critical habitat, which does not require specific,
proactive actions. HCPs typically provide for greater conservation
benefits to a covered species than section 7 consultations because HCPs
ensure the long-term protection and management of a covered species and
its habitat. In addition, funding for such management is ensured
through the Implementation Agreement. Such assurances are typically not
provided by section 7 consultations, which in contrast to HCPs, often
do not commit the project proponent to long-term, special management
practices or protections. Thus, a section 7 consultation typically does
not afford the lands it covers similar extensive benefits as an HCP. In
addition, the protections of critical habitat come into play only in
the event of a Federal action, whereas the protections of an HCP are in
continuous force.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Any information about the northern spotted owl and its
habitat that reaches a wider audience, including parties engaged in
conservation activities, is valuable. The landowners in this case are
aware of the needs of the species through the development of their HCP,
in which they have agreed to take measures to protect the northern
spotted owl and its habitat. Any additional educational and information
benefits that might arise from critical habitat designation have been
largely accomplished through the public review of and comment on the
HCP and the associated permit. The release of the Revised Recovery Plan
for the Northern Spotted Owl in 2011 was also preceded by outreach
efforts and public comment opportunities. In addition, the rulemaking
process associated with critical habitat designation included several
opportunities for public comment, and we also held multiple public
information meetings across the range of the species. Through these
outreach opportunities, land owners, State agencies, and local
governments have become aware of the current status of and threats to
the northern spotted owl, and the conservation actions needed for
recovery.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, CALFIRE has indicated to us that it is
unlikely to impose any new requirements on project proponents if
critical habitat is designated in areas already subject to California
Forest Practice Rules. Therefore, we believe this potential benefit of
critical will be limited.
Benefits of Exclusion--The benefits of excluding from critical
habitat designation the approximately 484 ac (196 ha) of lands
currently managed under the HCP are greater than those that would
accrue from inclusion. We have developed a conservation partnership
with Regli Estate through the development and implementation of the
HCP. The conservation measures that provide a benefit to the northern
spotted owl and its habitat have been, and will continue to be,
implemented continuously beginning with the issuance of the Incidental
Taking Permit in 1995 and continuing through the 20-year term of the
permit, through 2015. These measures include use of single-tree
selection silviculture to retain owl foraging habitat suitability,
protection of an 80-ac (32-ha) core nesting area for one of the two
known owl pairs, and reforestation of approximately 73 ac (30 ha) of
``old-field'' grasslands, the latter which has already been
accomplished and will result in a net increase in forested habitat over
time. A significant benefit of exclusion would be the increased
likelihood of this landowner continuing with conservation actions for
the northern spotted owl and its habitat, such as the development of a
new HCP and application for a new incidental take permit upon the
expiration of their current permit.
The HCP incorporates protections and management objectives for the
northern spotted owl and the habitat upon which it depends for
breeding, sheltering, and foraging activities. The approach used in the
HCP, along with our close coordination with the landowner, addresses
the identified threats to northern spotted owl on covered lands that
contain the physical or biological features essential to the
conservation of the species. The conservation measures identified
within the HCP seek to maintain or surpass current habitat
[[Page 71965]]
suitability for northern spotted owls, and thus can be of greater
conservation benefit than the designation of critical habitat, which
does not require specific, proactive actions.
Excluding the approximately 484 ac (196 ha) of this covered land
from critical habitat designation will sustain and enhance the working
relationship between the Service and the owner, and will increase the
likelihood that the owner will update the HCP and apply for a new
incidental take permit when the current permit expires in 2015. The
willingness of the landowner to work with the Service to manage
federally listed species will continue to reinforce those conservation
efforts and our partnership, which contribute toward achieving recovery
of the northern spotted owl. We consider this voluntary partnership in
conservation important in maintaining our ability to implement recovery
actions such as habitat protection and restoration, and beneficial
management actions for species on non-Federal lands. The Service
recognizes the importance of non-Federal landowners in contributing to
the conservation and recovery of listed species, and seeks to maintain
and promote these partnerships for the benefit of all threatened and
endangered species.
We consider conservation partnerships with private landowners to
represent an integral component of recovery for listed species.
However, the designation of critical habitat could have an unintended
negative effect on our relationship with non-Federal landowners due to
the perceived imposition of redundant government regulation. If lands
within the Regli Estate HCP are designated as critical habitat, it
would likely have a chilling effect on our continued ability to seek
new partnerships with future participants including States, counties,
local jurisdictions, conservation organizations, and private
landowners, which together can implement various conservation actions
(such as SHAs, HCPs, and other conservation plans) that we would be
unable to accomplish otherwise. We therefore consider the positive
effect of excluding proven conservation partners from critical habitat
to be a significant benefit of exclusion.
The Benefits of Exclusion Outweigh the Benefits of Inclusion--We
reviewed and evaluated the exclusion of approximately 484 ac (196 ha)
of land owned and managed by Regli Estate from our designation of
critical habitat. The benefits of including these lands in the
designation are relatively small. Because one of the primary threats to
the northern spotted owl is habitat loss and degradation, the
consultation process under section 7 of the Act for projects with a
Federal nexus in areas occupied by the species, such as is the case
here, will, in evaluating effects to the northern spotted owl, evaluate
the effects of the action on the conservation or function of the
habitat for the species regardless of whether critical habitat is
designated for these lands. The analytical requirements to support a
jeopardy determination on excluded land are similar, but not identical,
to the requirements in an analysis for an adverse modification
determination on included land. However, the HCP provides habitat
conservation measures that apply for the benefit of northern spotted
owl, and remains in place regardless of critical habitat. In addition,
for the reasons described above, the educational benefits of
designation in this instance are minimal.
Exclusion of these lands from critical habitat will help foster the
partnership we have developed with the company, through the continuing
implementation of the HCP. Furthermore, we believe exclusion of these
lands from critical habitat will increase the likelihood that the owner
will update the HCP and apply for a new incidental take permit when the
current permit expires in 2015, thereby ensuring continuing benefits to
the northern spotted owl and its habitat on these lands. The HCP has
provisions for protecting and maintaining northern spotted owl habitat
that exceed the conservation benefits that could be obtained through
section 7 consultation. These measures will not only prevent the
degradation of essential features of the northern spotted owl, but they
will maintain or improve these features over time. Finally, this
partnership may serve as a model and aid in fostering future
cooperative relationships with other parties in other locations for the
benefit of listed species.
In summary, we have determined that our conservation partnership
with the Regli Estate, in conjunction with the conservation measures
provided in the HCP, provide a greater benefit than would the
regulatory and educational benefits of critical habitat designation. We
have determined that the additional regulatory benefits of designating
critical habitat, afforded through the section 7(a)(2) consultation
process, are minimal because the probability of a Federal nexus for
projects on this land is limited in scope and will occur episodically
at most. On the other hand, the conservation measures specifically
benefitting the northern spotted owl and its habitat are in continuous
effect throughout the lands covered by this HCP. Finally, the Service
acknowledges the importance of conservation partnerships with private
landowners in achieving the recovery of listed species, such as the
northern spotted owl, and recognizes the positive benefits that accrue
to conservation through the exclusion of recognized conservation
partners from critical habitat. Therefore, in consideration of the
factors discussed above in the Benefits of Exclusion section, including
the relevant impact to current and future partnerships, we have
determined that the benefits of exclusion of lands covered by the Regli
Estate Habitat Conservation Plan outweigh the benefits of critical
habitat designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that the exclusion of 484 ac (196 ha) of Regli Estate lands
from the designation of critical habitat for the northern spotted owl,
as identified in their HCP, will not result in extinction of the
species because current conservation efforts under the plan adequately
protect the geographical areas containing the physical or biological
features essential to the conservation of the species. For projects
having a Federal nexus and affecting northern spotted owls in occupied
areas, as is the case here, the jeopardy standard of section 7 of the
Act, coupled with protection provided under the terms of the HCP, would
provide assurances that this species will not go extinct as a result of
excluding these lands from the critical habitat designation. Based on
the above discussion, the Secretary is exercising his discretion under
section 4(b)(2) of the Act to exclude from this final critical habitat
designation portions of the proposed critical habitat units or subunits
that are within the Regli Estate Habitat Conservation Plan boundary
totaling 484 ac (196 ha).
Terra Springs Habitat Conservation Plan
In this final designation, the Secretary has exercised his
authority to exclude 39 ac (16 ha) of lands from critical habitat,
under section 4(b)(2) of the Act, that are covered under the Terra
Springs LLC HCP in subunit 6 of the Interior California Coast CHU. The
permit issued in association with this HCP (noticed October 29, 2002
(67 FR 65998), and issued in 2004) has a term of 30 years and includes
a total of 76 ac (31 ha) of covered land second-growth forest lands in
Napa County, California. This HCP addresses the effects of timber
harvest and conversion of forest lands to vineyard and subsequent
maintenance, in perpetuity, of suitable northern
[[Page 71966]]
spotted owl habitat characteristics on the remaining 39 ac (16 ha) of
mature (80-120 years) Douglas-fir forest on covered lands. The HCP
provides a conservation program to minimize and mitigate for the
covered activities, including a deed restriction that requires
management in perpetuity of 39 ac (16 ha) of the property as nesting
and roosting quality habitat for the northern spotted owl. In addition
to mitigation, the Plan also includes measures to minimize take of the
northern spotted owl.
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands that might trigger such consultation is
limited since there is little likelihood of an action that will involve
Federal funding, authorization, or implementation. In addition, since
the lands under the HCP in question are occupied by the northern
spotted owl, if a Federal nexus were to occur, section 7 consultation
would already be triggered and the Federal agency would consider the
effects of its actions on the species through a jeopardy analysis. The
additional conservation that could be attained through the supplemental
adverse modification analysis for critical habitat under section 7
would not be significant because this HCP incorporates measures that
specifically benefit the northern spotted owl and its habitat. The HCP
incorporates protections and management objectives for the northern
spotted owl designed to maintain suitable habitat on the property for
the species in perpetuity. The conservation measures identified within
the HCP seek to achieve conservation goals for northern spotted owls
and their habitat that can be of greater conservation benefit than the
designation of critical habitat, which does not require specific,
proactive actions. HCPs typically provide for greater conservation
benefits to a covered species than section 7 consultations because HCPs
ensure the long-term protection and management of a covered species and
its habitat. In addition, funding for such management is ensured
through the Implementation Agreement. Such assurances are typically not
provided by section 7 consultations, which in contrast to HCPs, often
do not commit the project proponent to long-term, special management
practices or protections. Thus, a section 7 consultation typically does
not afford the lands it covers similar extensive benefits as an HCP. In
addition, the protections of critical habitat come into play only in
the event of a Federal action, whereas the protections of an HCP are in
continuous force.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. The landowners in this case are aware of the needs of the
species through the development of their HCP, in which they have agreed
to take measures to protect the northern spotted owl and its habitat.
Any additional educational and information benefits that might arise
from critical habitat designation have been largely accomplished
through the public review of and comment on the HCP and the associated
permit. The release of the Revised Recovery Plan for the Northern
Spotted Owl in 2011 was also preceded by outreach efforts and public
comment opportunities. In addition, the rulemaking process associated
with critical habitat designation included several opportunities for
public comment, and we also held multiple public information meetings
across the range of the species. Through these outreach opportunities,
land owners, State agencies, and local governments have become aware of
the current status of and threats to the northern spotted owl, and the
conservation actions needed for recovery.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, CALFIRE has indicated to use that it is
unlikely to impose any new requirements on project proponents if
critical habitat is designated in areas already subject to California
Forest Practice Rules. Therefore, we believe this potential benefit of
critical will be limited.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 39 ac (16 ha) of lands currently
managed under the HCP are substantial. We have developed a conservation
partnership with Terra Springs through the development and
implementation of the HCP.
Excluding the approximately 39 ac (16 ha) owned and managed by
Terra Springs, LLC from critical habitat designation will sustain and
enhance the working relationship between the Service and the company.
The willingness of the company to work with the Service to manage
federally listed species will continue to reinforce those conservation
efforts and our partnership, which contribute toward achieving recovery
of the northern spotted owl. We consider this voluntary partnership in
conservation important in maintaining our ability to implement recovery
actions, such as habitat protection and restoration, and beneficial
management actions for species on non-Federal lands. The Service
recognizes the importance of non-Federal landowners in contributing to
the conservation and recovery of listed species, and seeks to maintain
and promote these partnerships for the benefit of all threatened and
endangered species.
We consider conservation partnerships with private landowners to
represent an integral component of recovery for listed species.
However, the designation of critical habitat could have an unintended
negative effect on our relationship with non-Federal landowners due to
the perceived imposition of redundant government regulation. If lands
within the Terra Springs HCP are designated as critical habitat, it
would likely have a chilling effect on our continued ability to seek
new partnerships with future participants including States, counties,
local jurisdictions, conservation organizations, and private
landowners, which together can implement various conservation actions
(such as SHAs, HCPs, and other conservation plans) that we would be
unable to accomplish otherwise. We therefore consider the positive
effect of excluding proven conservation partners from critical habitat
to be a significant benefit of exclusion.
The Benefits of Exclusion Outweigh the Benefits of Inclusion--We
reviewed and evaluated the exclusion of approximately 39 ac (16 ha) of
land owned and managed by Terra Springs, LLC from our designation of
critical habitat. The benefits of including these lands in the
designation are relatively small. Because one of the primary threats to
the northern spotted owl is habitat loss and degradation, the
consultation process under section 7 of the Act for projects with a
Federal nexus
[[Page 71967]]
in areas occupied by the species, such as is the case here, will, in
evaluating effects to the northern spotted owl, evaluate the effects of
the action on the conservation or function of the habitat for the
species regardless of whether critical habitat is designated for these
lands. The analytical requirements to support a jeopardy determination
on excluded land are similar, but not identical, to the requirements in
an analysis for an adverse modification determination on included land.
However, the HCP provides habitat conservation measures that apply for
the benefit of northern spotted owl, and remains in place regardless of
critical habitat. These measures will not only prevent the degradation
of essential features of the northern spotted owl, but will preserve
some suitable northern spotted owl habitat in perpetuity.
We have determined that the preservation of our conservation
partnership with Terra Springs, in conjunction with the conservation
measures provided by the HCP, provide a greater benefit than would the
regulatory and educational benefits of critical habitat designation.
The additional regulatory benefits of designating critical habitat,
afforded through the section 7(a)(2) consultation process, are minimal
because there is little probability of a Federal nexus on these private
lands. On the other hand, the conservation measures specifically
benefitting the northern spotted owl and its habitat are in continuous
effect throughout the lands covered by this HCP. Finally, the Service
acknowledges the importance of conservation partnerships with private
landowners in achieving the recovery of listed species, such as the
northern spotted owl, and recognizes the positive benefits that accrue
to conservation through the exclusion of recognized conservation
partners from critical habitat. Therefore, in consideration of the
factors discussed above in the Benefits of Exclusion section, including
the relevant impact to current and future partnerships, we have
determined that the benefits of exclusion of lands covered by the Terra
Springs Habitat Conservation Plan outweigh the benefits of critical
habitat designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that the exclusion of 39 ac (16 ha) from the designation of
critical habitat for the northern spotted owl of lands owned and
managed by Terra Springs, LLC, as identified in their HCP, will not
result in extinction of the species because current conservation
efforts under the plan adequately protect the geographical areas
containing the physical or biological features essential to the
conservation of the species. For projects having a Federal nexus and
affecting northern spotted owls in occupied areas, as is the case here,
the jeopardy standard of section 7 of the Act, coupled with protection
provided under the terms of the HCP would provide assurances that this
species will not go extinct as a result of excluding these lands from
the critical habitat designation. Based on the above discussion, the
Secretary is exercising his discretion under section 4(b)(2) of the Act
to exclude from this final critical habitat designation portions of the
proposed critical habitat units or subunits that are within the Terra
Springs, LLC Habitat Conservation Plan boundary totaling 76 ac (31 ha).
State of Oregon
No lands covered under an HCP in the State of Oregon are designated
as critical habitat.
State of Washington
Cedar River Watershed Habitat Conservation Plan in King County,
Washington
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, totaling approximately 3,244 ac (1,313 ha) that are covered
under the Cedar River Watershed HCP (Cedar River HCP) in King County,
Washington. The permit associated with this HCP was noticed in the
Federal Register on December 11, 1998 (63 FR 68469), and issued on
April 21, 2000. The term of the permit and HCP is 50 years. The plan
was prepared to address declining populations of salmon, steelhead,
bull trout, northern spotted owl, marbled murrelet, and 76 unlisted
species of fish and wildlife in the Cedar River watershed. The City of
Seattle's HCP covers 90,535 ac (36,368 ha) of City-owned land in the
upper Cedar River watershed and the City's water supply and
hydroelectric operations on the Cedar River, which flows into Lake
Washington. Participants involved in the development and implementation
of the Cedar River HCP include the City of Seattle, Seattle City Light,
Seattle Public Utilities, Washington Department of Fish and Wildlife,
Washington Department of Ecology, Muckelshoot Indian Tribe, King
County, and several conservation-oriented nongovernmental
organizations.
At the time the HCP was approved, the 90,535 ac (36,638 ha) in
upper Cedar River Watershed, owned and managed by the City of Seattle
as a closed-watershed, consisted of approximately 13,889 ac (5,620 ha)
of old growth forest (190-800 years old), 91 ac (37 ha) of late-
successional (120-189 years old), 1,074 ac (435 ha) of mature forests
(80-119 years old), and 70,223 ac (28,418 ha) of second growth forests
(greater than 80 years old). Conservation strategies in the HCP for
covered lands are centered around protecting and preserving the
remaining old growth, late-successional, and mature forest habitats;
accelerating the development of mature forest characteristics in the
existing second growth forests though a combination of riparian,
ecological, and restoration thinnings; and minimizing human disturbance
through road closures and road abandonments, elimination of commercial
harvest on covered lands, and continued management of the covered lands
as a closed municipal watershed.
At the time the HCP was approved, only two northern spotted owl
reproductive site centers and two single-resident site centers had been
identified on covered lands. In addition, two reproductive site enters
located outside the watershed boundary had owl circles that partially
overlap the Cedar River watershed. The boundaries of all known
reproductive site centers are protected by the City of Seattle's
commitment to conservation strategies and species-specific measures in
the Cedar River HCP. The objectives of the northern spotted owl
conservation strategy are to avoid, minimize, and mitigate impacts of
watershed activities to northern spotted owls, provide a long-term net
benefit to the northern spotted owl, and contribute to the owl's
recovery. These objectives are to be accomplished by protecting
existing habitat; enhancing and recruiting significantly more nesting,
roosting, foraging, and dispersal habitat in the Cedar River watershed;
and protecting nest sites, reproductive pairs, and their offspring from
disturbances. In addition, the City of Seattle committed to
implementing a monitoring and research program that will be used to
help determine if the conservation strategies for the northern spotted
owl achieve their conservation objectives and support the adaptive
management program designed to provide a means by which conservation
measures could be altered to meet these conservation objectives.
Elements of the monitoring and research program important to northern
spotted owls include a project to improve the City's forest habitat
inventory and data base, a project to track changes in forest habitat
characteristics, a study to classify old-growth types in the Cedar
River
[[Page 71968]]
watershed, and projects to monitor all forest restoration efforts.
Benefits of Inclusion--We find that there is minimal benefit from
designating critical habitat for the northern spotted owl within the
Cedar River HCP because, as explained above, these covered lands are
already managed for the conservation of the species over the term of
the HCP. As discussed above, the inclusion of these covered lands as
critical habitat could provide some additional Federal regulatory
benefits for the species consistent with the conservation standard
based on the Ninth Circuit Court's decision in Gifford Pinchot. A
benefit of inclusion would be the requirement of a Federal agency to
ensure that their actions on these non-Federal lands would not likely
result in the destruction or adverse modification of critical habitat.
However, this additional analysis to determine whether a Federal action
is likely to result in destruction or adverse modification of critical
habitat is not likely to be significant because these covered lands are
not under Federal ownership making the application of section 7 less
likely, and we are not aware of any other potential Federal nexus. In
addition, any Federal agency proposing a Federal action on these
covered lands would have to consider the conservation restrictions on
these lands and incorporate measures necessary to ensure the
conservation of these resources, thereby reducing any incremental
benefit critical habitat may have.
The incremental benefit from designating critical habitat for the
northern spotted owl within the Cedar River HCP is further minimized
because, as explained above, these covered lands are already managed
for the conservation of the species over the term of the HCP and the
conservation measures provided by the HCP will provide greater
protection to northern spotted owl habitat than the designation of
critical habitat.
The Cedar River HCP provides for the needs of the northern spotted
owl by protecting and preserving thousands of acres of existing
suitable northern spotted owl habitat in the Cedar River watershed,
committing to the enhancement and recruitment of approximately 70,000
ac (28,328 ha) of additional habitat over the term of the Cedar River
HCP, and implementing species-specific conservation measures designed
to avoid and minimize impacts to northern spotted owls. Monitoring and
research and adaptive management programs were developed to track HCP
progress over the term of the permit and provide critical feedback on
management actions that allow for management changes in response to
this feedback or to larger trends outside the HCP boundaries such as
climate change. Therefore, designation of critical habitat would be
redundant on these lands, and would not provide additional measureable
protections.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Designation of critical habitat would inform State
agencies and local governments about areas that could be conserved
under State laws or local ordinances, such as the Washington State
Growth Management Act, which encourage the protection of ``critical
areas'' including fish and wildlife habitat conservation areas. Any
information about the northern spotted owl and its habitat that reaches
a wider audience, including parties engaged in conservation activities,
is valuable. However, the additional educational and informational
benefits that might arise from critical habitat designation here have
been largely accomplished through the public review and comment of the
HCP, Environmental Impact Statement, and Implementation Agreement.
Through these processes, this HCP included intensive public
involvement.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, in Washington, State forest practices
regulations provide an exemption for review for lands managed under an
HCP. Thus, even should the State respond to designation of critical
habitat by instituting additional protections, the HCP will not be
subject to those protections as the species is considered already
addressed, and therefore no additional benefit would accrue through
State regulations.
Benefits of Exclusion--Compared to the minimal benefits of
inclusion of this area in critical habitat, the benefits of excluding
from designated critical habitat the approximately 3,244 ac (1,313 ha)
of lands currently managed under the HCP are more substantial.
HCP conservation measures that provide a benefit to the northern
spotted owl and its habitat have been implemented continuously since
1998 on all covered lands owned and managed under the Cedar River HCP.
Excluding the lands managed under the Cedar River HCP from critical
habitat designation will sustain and enhance the working relationship
between the Service and the permit holder.
Excluding lands within HCPs from critical habitat designation can
also facilitate our ability to seek new partnerships with future HCP
participants including States, counties, local jurisdictions,
conservation organizations, and private landowners, which together can
implement conservation actions that we would be unable to accomplish
otherwise. If lands within HCP plan areas are designated as critical
habitat, it would likely have a negative effect on our ability to
establish new partnerships to develop HCPs, particularly large,
regional HCPs that involve numerous participants and/or address
landscape-level conservation of species and habitats. By excluding
these lands, we preserve our current partnerships and encourage
additional conservation actions in the future.
Benefits of Exclusion Outweigh the Benefits of Inclusion--In
summary, we determine that the benefits of excluding the Cedar River
HCP from the designation of critical habitat for the northern spotted
owl outweigh the benefits of including this area in critical habitat.
The regulatory and informational benefits of inclusion will be minimal.
Because one of the primary threats to the northern spotted owl is
habitat loss and degradation, the consultation process under section 7
of the Act for projects with a Federal nexus will, in evaluating
effects to the northern spotted owl, evaluate the effects of the action
on the conservation or functionality of the habitat for the species
regardless of whether critical habitat is designated for these lands.
The analytical requirements to support a jeopardy determination on
excluded land are similar, but not identical, to the requirements in an
analysis for an adverse modification determination on included land.
However, the additional benefits of inclusion on the section 7 process
are relatively unlikely because a Federal nexus on these relatively
remote forest lands would rarely occur. If one were to occur, it would
most likely be a linear project such as a powerline, pipeline, or
transportation. In the last 12 years of the permit, none have occurred.
In addition, the management strategies of the Cedar River HCP are
designed to protect and enhance habitat for the northern spotted owl.
The Cedar River HCP includes species-specific
[[Page 71969]]
avoidance and minimization measures, monitoring requirements to track
success and ensure proper implementation, and forest management
practices and habitat conservation objectives that benefit the northern
spotted owl and its habitat which further minimizes the benefits that
would be provided as a result of a critical habitat designation.
On the other hand, the benefit of excluding these lands is that it
will help us maintain an important and successful conservation
partnership with a major city, and may encourage others to join in
conservation partnerships as well. For these reasons, we have
determined that the benefits of exclusion outweigh the benefits of
inclusion in this case.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of approximately 3,244 ac (1,313 ha) of lands
covered under the Cedar River HCP will not result in extinction of the
northern spotted owl because the Cedar River HCP provides for the needs
of the northern spotted owl by protecting and preserving thousands of
acres of existing suitable northern spotted owl habitat in the Cedar
River watershed, committing to the enhancement and recruitment of
additional habitat over the term of the Cedar River HCP, and
implementing species-specific conservation measures designed to avoid
and minimize impacts to northern spotted owls. In addition, monitoring,
research, and adaptive management programs were developed to track HCP
progress and provide critical feedback on management actions that allow
for management changes in response. Further, for projects having a
Federal nexus and affecting northern spotted owls in occupied areas,
the jeopardy standard of section 7 of the Act, coupled with protection
provided by the Cedar River HCP, would provide a level of assurance
that this species will not go extinct as a result of excluding these
lands from the critical habitat designation. The species is also
protected from take under section 9 of the Act. For these reasons we
find that exclusion of these lands within the Cedar River HCP will not
result in extinction of the northern spotted owl. Based on the above
discussion, the Secretary is exercising his discretion under section
4(b)(2) of the Act to exclude from this final critical habitat
designation portions of the proposed critical habitat units or subunits
that are within the Cedar River Watershed HCP boundary totaling about
3,244 ac (1,313 ha).
Green River Water Supply Operations and Watershed Protection Habitat
Conservation Plan
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, totaling approximately 3,162 ac (1,280 ha) that are covered
under Tacoma Water's Green River Water Supply Operations and Watershed
Protection HCP (Green River HCP) in the State of Washington. The permit
associated with this HCP was noticed in the Federal Register on August
21, 1998 (63 FR 44918), and issued on July 6, 2001. The term of the
permit and HCP is 50 years. The Green River HCP addresses upstream and
downstream fish passage issues, flows in the middle and lower Green
River, and timber and watershed-management activities on 15,843 ac
(6,411 ha) of Tacoma-owned land in the upper Green River Watershed. The
Green River HCP covers 32 species of fish and wildlife, including the
northern spotted owl and 10 other listed species, under an agreement
designed to allow the continuation of water-supply operations on the
Green River, forest management practice in the upper Green River
watershed, and aquatic restoration and enhancement activities. The plan
also provides for fish passage into and out of the upper Green River
Watershed.
The City of Tacoma manages approximately 15,843 ac (6,411 ha) of
covered lands in the upper Green River watershed for water quality
benefits and timber harvest. The Green River HCP divides Tacoma-owned
lands into three distinct management zones, and contains a series of
conservation measures that address upland forest management, riparian
buffers, and avoid or minimize impacts to covered species. Each
management zone has specific goals and objectives that focus on water
quality, fish and wildlife, and timber management. The Natural Zone
contains 5,850 ac (2,370 ha). In this zone, Tacoma is committed to
conduct no timber harvest management except for danger tree removal.
The long-term goal is to allow these timber stands to develop into
late-seral (greater than 155 years old) and mature timber (106-155
years old) conditions through natural succession. The Conservation Zone
contains 5,180 ac (2,080 ha) of covered lands. In this zone, Tacoma
will conduct no even-aged harvest in conifer stands and no harvest of
any form in stands over 100 years old (except for danger tree removal).
Tacoma may conduct uneven-aged harvest in stands less than 100 years
old to improve stand condition. Once stands reach 100 years of age, no
timber harvest will be conducted and stands will be allowed to develop
through natural succession. The Commercial Zone contains 3,858 ac
(1,561 ha) of covered lands. Stands in this zone will be managed
sustainably for timber production on a 70-year rotation. A considerable
area of late-seral and mature forest capable of supporting nesting,
roosting, foraging, and dispersal of northern spotted owls is expected
to develop over time in the Natural Zone, Conservation Zone, and to a
lesser extent, riparian buffers. Over the term of the permit, the
amount of late-seral forest is expect to increase from 41 ac (17 ha) to
292 ac (118 ha), and the amount of mature forest is expected to
increase from 268 ac (108 ha) to 4,027 ac (1,630 ha).
At the time the permit was approved, there were 16 known northern
spotted owl activity centers within 1.8 miles of covered lands. Fifteen
were reproductive site centers and one was a single-resident site
center. Only the single-resident site center was actually located on
covered lands. Species-specific conservation measures are designed to
protect habitat around known nest sites and minimize disturbance during
the nesting season.
Benefits of Inclusion--We find that there is minimal benefit from
designating critical habitat for the northern spotted owl within the
Green River HCP because, as explained above, these covered lands are
already managed for the conservation of the species over the term of
the HCP. As discussed above the inclusion of these covered lands as
critical habitat could provide some additional Federal regulatory
benefits for the species consistent with the conservation standard
based on the Ninth Circuit Court's decision in Gifford Pinchot. A
benefit of inclusion would be the requirement of a Federal agency to
ensure that their actions on these non-Federal lands would not likely
result in the destruction or adverse modification of critical habitat.
However, this additional analysis to determine whether a Federal action
is likely to result in the destruction or adverse modification of
critical habitat is not likely to be significant not only because a
Federal nexus is unlikely (these covered lands are not under Federal
ownership), any Federal agency proposing a Federal action on these
covered lands would likely consider the conservation value of these
lands and take the necessary steps to avoid adverse effects to northern
spotted owl habitat. If a Federal nexus did occur, it would most likely
be in the context of a linear project such as a powerline,
[[Page 71970]]
pipeline, or transportation project. In the last 11 years of the
permit, none have occurred.
Another factor that minimizes any regulatory benefits that might
result from critical habitat designation is that the Green River HCP
already provides for the needs of the northern spotted owl by
protecting and preserving acres of existing suitable northern spotted
owl habitat in the Green River watershed, committing to the enhancement
and recruitment of additional area of suitable habitat over the term of
the Green River HCP, and implementing species-specific conservation
measures designed to avoid and minimize impacts to northern spotted
owls. Monitoring was developed to track HCP progress over the term of
the permit and provide critical feedback on management actions, which
allow for management changes in response to this feedback or to larger
trends outside the HCP boundaries such as climate change. Therefore,
designation of critical habitat would be redundant on these lands, and
would not provide additional measurable protections.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Designation of critical habitat would inform State
agencies and local governments about areas that could be conserved
under State laws or local ordinances, such as the Washington State
Growth Management Act, which encourage the protection of ``critical
areas'' including fish and wildlife habitat conservation areas. Any
information about the northern spotted owl and its habitat that reaches
a wider audience, including parties engaged in conservation activities,
is valuable. However, the additional educational and informational
benefits that might arise from critical habitat designation here have
been largely accomplished through the public review and comment on the
HCP, Environmental Impact Statement, and Implementation Agreement.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, in Washington, State forest practices
regulations provide an exemption for review for lands managed under an
HCP. Thus, even should the State respond to designation of critical
habitat by instituting additional protections, the HCP will not be
subject to those protections as the species is considered already
addressed, and therefore no additional benefit would accrue through
State regulations.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 3,162 ac (1,280 ha) of lands
currently managed under the HCP are substantial. HCP conservation
measures that provide a benefit to the northern spotted owl and its
habitat have been implemented continuously since 2001 on all covered
lands owned and managed under the Green River HCP. Excluding the lands
managed under the Green River HCP from critical habitat designation
will sustain and enhance the working relationship between the Service
and the permit holder.
Excluding lands within HCPs from critical habitat designation may
also support our continued ability to seek new partnerships with future
HCP participants including States, counties, local jurisdictions,
conservation organizations, and private landowners, which together can
implement conservation actions that we would be unable to accomplish
otherwise. If lands within HCP plan areas are designated as critical
habitat, it would likely have a negative effect on our ability to
establish new partnerships to develop HCPs, particularly HCPs address
landscape-level conservation of species and habitats. By excluding
these lands, we preserve our current partnerships and encourage
additional conservation actions in the future.
Benefits of Exclusion Outweigh the Benefits of Inclusion--In
summary, we determine that the benefits of excluding the Green River
HCP from the designation of critical habitat for the northern spotted
owl outweigh the benefits of including this area in critical habitat.
The regulatory and informational benefits of inclusion will be minimal.
Because one of the primary threats to the northern spotted owl is
habitat loss and degradation, the consultation process under section 7
of the Act for projects with a Federal nexus will, in evaluating
effects to the northern spotted owl, evaluate the effects of the action
on the conservation or functionality of the habitat for the species
regardless of whether critical habitat is designated for these lands.
The analytical requirements to support a jeopardy determination on
excluded land are similar, but not identical, to the requirements in an
analysis for an adverse modification determination on included land.
However, any benefits from the section 7 process are unlikely because
Federal projects would be rare on these relatively remote forest lands.
The regulatory benefits of inclusion are even more minimal in light of
the fact that the Green River HCP includes species-specific avoidance
and minimization measures, monitoring requirements to track success and
ensure proper implementation, and forest management practices and
habitat conservation objectives that benefit the northern spotted owl
and its habitat, which exceeds any conservation value provided as a
result of a critical habitat designation. On the other hand, the
benefit of excluding these lands is that it will help us maintain an
important and successful conservation partnership with a major city,
and may encourage others to join in conservation partnerships as well.
Therefore, we find that the benefits of exclusion of the lands covered
by Green River HCP outweigh the benefits of inclusion.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of approximately 3,162 ac (1,280 ha) of lands
covered under the Green River HCP will not result in extinction of the
northern spotted owl because the Green River HCP provides for the needs
of the northern spotted owl by protecting and preserving acres of
existing suitable northern spotted owl habitat in the Green River
watershed, committing to the enhancement and recruitment of additional
area of suitable habitat over the term of the Green River HCP, and
implementing species-specific conservation measures designed to avoid
and minimize impacts to northern spotted owls. Monitoring was developed
to track HCP progress over the term of the permit and provide critical
feedback on management actions, which allow for management changes in
response to this feedback or to larger trends outside the HCP
boundaries such as climate change. The conservation measures provided
by this HCP have been implemented continuously since 1998 on all
covered lands owned and managed under the Green River HCP. Further, for
projects having a Federal nexus and affecting northern spotted owls in
occupied areas, the jeopardy standard of section 7 of the Act, coupled
with protection provided by the Green River HCP, would provide a level
of assurance that this species will not go extinct as a result of
excluding these lands from the critical habitat designation. The
species is also protected by ESA section 9, which prohibits the take of
listed
[[Page 71971]]
species. For these reasons, we find that exclusion of these lands
within the Green River HCP will not result in extinction of the
northern spotted owl. Based on the above discussion, the Secretary is
exercising his discretion under section 4(b)(2) of the Act to exclude
from this final critical habitat designation portions of the proposed
critical habitat units or subunits that are within the Green River HCP
boundary totaling about 3,162 ac (1,280 ha).
Plum Creek Timber Central Cascades Habitat Conservation Plan
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, totaling about 33,144 ac (13,413 ha) that are covered under
the Plum Creek Timber Central Cascades HCP (Plum Creek HCP) in the
State of Washington. The permit associated with the Plum Creek HCP was
first noticed in the Federal Register on November 17, 1995 (60 FR
57722), issued on June 27, 1996, and later modified in December of 1999
as noticed on February 10, 2000 (65 FR 6590). The permit has a term of
50 years (with an option to extend to 100 years if certain conditions
are met) and currently covers 84,600 ac (34,236 ha) of lands in the
Interstate-90 corridor in King and Kittitas Counties, Washington. The
HCP includes over 315 species of fish and wildlife, including the
northern spotted owl and 7 other listed species. The plan addresses
forest-management activities across an area of industrial timberlands
in Washington's central Cascade Mountains, and provides for management
of the northern spotted owl based on landscape conditions tailored to
the guidelines provided by the NWFP by providing additional protection
to northern spotted owl sites near late-successional reserves. Wildlife
trees are retained in buffers of natural features (e.g., caves,
wetlands, springs, cliffs, talus slopes) and streams, as well as
scattered and clumped within harvest units. The HCP also requires Plum
Creek to maintain and grow nesting, roosting, and foraging habitat as
well as habitat that can be used for foraging and dispersal. They are
also required to provide forests of various structural stages across
all of their HCP ownerships. This commitment of owl habitat and forest
stages, in combination with wildlife trees retained within harvest
units and stream and landscape-feature buffers will provide a matrix of
habitat conditions that complements the owl habitat provided in the
Plum Creek HCP and nearby LSRs. Stands containing scattered leave trees
following harvest will be expected to become more valuable for northern
spotted owls at earlier ages than those harvested using previous
methods.
At the time the permit was approved, there were 107 known northern
spotted owl activity centers within 1.82 miles of covered lands, which
included reproductive site centers, single-resident site centers, and
historic sites. A detailed description of each sites history is
provided in the HCP and associated technical papers.
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands is small unless it is a larger project
covering adjacent Federal lands as well, in which case section 7
consultation would already be triggered and the Federal agency would
consider the effects of its actions on the species. In addition,
although the standards of jeopardy and adverse modification are
different, the margin of conservation that could be attained through
section 7 would not be significant in light of the benefits already
derived from the HCP.
HCPs typically provide for greater conservation benefits to a
covered species than section 7 consultations because HCPs ensure the
long-term protection and management of a covered species and its
habitat. In addition, funding for such management is ensured through
the Implementation Agreement. Such assurances are typically not
provided by section 7 consultations, which in contrast to HCPs, often
do not commit the project proponent to long-term, special management
practices or protections. Thus, a section 7 consultation typically does
not afford the lands it covers similar extensive benefits as a HCP. The
development and implementation of HCPs provide other important
conservation benefits, including the development of biological
information to guide the conservation efforts and assist in species
conservation, and the creation of innovative solutions to conserve
species while meeting the needs of the applicant. In this case,
substantial information has been developed from the research,
monitoring, and surveys conducted under the Plum Creek HCP.
There is minimal incremental benefit from designating critical
habitat for the northern spotted owl within the Plum Creek HCP because,
as explained above, these covered lands are already managed for the
conservation of the species over the term of the HCP and the
conservation measures provided by the HCP will provide greater
protection to northern spotted owl habitat than the designation of
critical habitat, which provides regulatory protections only in the
event of a Federal action. The Plum Creek HCP provides for the needs of
the northern spotted owl by protecting and preserving landscape levels
of suitable northern spotted owl nesting, roosting, and foraging
habitat as well as foraging and dispersal habitat over the term of the
HCP in strategic landscapes, and implementing species-specific
conservation measures designed to avoid and minimize effects to
northern spotted owls. The HCP also provides for the ability to make
ongoing adjustments in a number of forms including active adaptive
forest management. The ability to change is crucial to meet new
recovery challenges. The Service negotiated this plan with Plum Creek,
which contains mandatory permit conditions in the form of HCP
commitments, and continues to be involved in its ongoing
implementation. The Service conducts compliance monitoring on the
covered lands and routinely meets with Plum Creek to discuss ongoing
implementation. The HCP contains provisions that address ownership
changes and the outcomes expected by the Service. Monitoring was
developed to track HCP progress over the term of the permit and provide
feedback on management actions. Therefore, designation of critical
habitat would be redundant on these lands, and would not provide
additional measureable protections.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Designation of critical habitat would inform State
agencies and local governments about areas that could be conserved
under State laws or local ordinances, such as the Washington State
Growth Management Act, which encourage the protection of ``critical
areas'' including fish and wildlife habitat conservation areas. Any
information about the northern spotted owl and its habitat that reaches
a wider audience, including parties engaged in conservation activities,
is valuable.
[[Page 71972]]
However, Plum Creek is knowledgeable about the northern spotted owl and
the company has made substantial contributions in research and science
for the species. The additional educational and informational benefits
that might arise from critical habitat designation here have been
largely accomplished through the public review and comment of the HCP,
Environmental Impact Statement, and Implementation Agreement, as well
as the supplemental Environmental Impact Statements associated with the
modification of the HCP and the I-90 Land Exchange. Through these
processes, this HCP included intensive public involvement. This HCP
continues to receive a high degree of scrutiny and study by academics,
as well as informational releases to the general public and has
resulted in improved understanding by the public. This level of
exposure in local newspapers and television stations exceeds the level
of education that would come from a designation that would be read by
few people in the public. Moreover, the rulemaking process associated
with critical habitat designation includes several opportunities for
public comment, and thus also provides for public education. Through
these outreach opportunities, land owners, State agencies, and local
governments have become more aware of the status of and threats to the
northern spotted owl and the conservation actions needed for recovery.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, in Washington, State forest practices
regulations provide an exemption for review for lands managed under an
HCP. Thus, even should the State respond to designation of critical
habitat by instituting additional protections, the HCP will not be
subject to those protections as the species is considered already
addressed, and therefore no additional benefit would accrue through
State regulations.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 33,144 ac (13,413 ha) of lands
currently managed under the HCP are more substantial. The designation
of critical habitat could have an unintended negative effect on our
relationship with non-Federal landowners due to the perceived
imposition of redundant government regulation. If lands within the Plum
Creek HCP area are designated as critical habitat, it would likely have
a negative effect on our continued ability to seek new partnerships
with future participants including States, counties, local
jurisdictions, conservation organizations, and private landowners,
which together can implement conservation actions (such as SHAs, HCPs,
and other conservation plans, particularly those that address
landscape-level conservation of species and habitats) that we would be
unable to accomplish otherwise. This HCP is currently serving as a
model for ongoing and future efforts. Due to the high level of
visibility in the Interstate-90 corridor and the overlap with
recreational lands used by many residents of the Seattle metropolitan
area, this HCP received an unusual amount of scrutiny. Because it was
one of the first HCPs to address species using a habitat-based
approach, it set a high standard for application of the best available
science. Plum Creek has been a long-standing partner and advocate for
HCPs across the nation. They are viewed as leaders in their industry
and as an example in the HCP community. By excluding these lands, we
preserve our current private and local conservation partnerships and
encourage additional conservation actions in the future.
In addition, exclusion may encourage Plum Creek to engage in
further land exchanges or sales of their lands for conservation
purposes. This HCP is located in a key landscape between the I-90 and
other Federal lands and represents a unique opportunity in maintaining
northern spotted owls at the western extreme of the Cascades, which may
support dispersal between the Cascades. This HCP contributes
meaningfully to the recovery of the northern spotted owl and serves as
an example to other industrial companies. Since issuance of the Plum
Creek HCP, Plum Creek's ownership has decreased from about 170,000 ac
(68,797 ha) to about 81,000 ac (32,780 ha). This decrease is mostly due
to land exchanges and sales by Plum Creek for conservation purposes.
Conservation sales have been completed on a number of sensitive sites.
Plum Creek has worked to find conservation buyers and has responded to
requests from agencies and conservation groups. They have sold lands to
a various parties using differing funding mechanisms, but sold lands
have been transferred to public ownership, primarily the U.S. Forest
Service. All of these lands have been placed in conservation status. If
lands within the Plum Creek HCP plan areas are designated as critical
habitat, it would likely have a negative effect on the willingness of
various groups and funding sources to accomplish these conservation
sales, and could also negatively affect Plum Creek's willingness to
participate in these acquisition processes.
Benefits of Exclusion Outweigh the Benefits of Inclusion--The
benefits of including these lands in the designation are small. Because
one of the primary threats to the northern spotted owl is habitat loss
and degradation, the consultation process under section 7 of the Act
for projects with a Federal nexus will, in evaluating effects to the
northern spotted owl, evaluate the effects of the action on the
conservation or functionality of the habitat for the species regardless
of whether critical habitat is designated for these lands. The
analytical requirements to support a jeopardy determination on excluded
land are similar, but not identical, to the requirements in an analysis
for an adverse modification determination on included land. However,
the HCP contains provisions for protecting and maintaining northern
spotted owl habitat that far exceed the conservation benefits afforded
through section 7 consultation. It provides for comprehensive measures
applied across a large landscape that will benefit spotted owls. Plum
Creek personnel are knowledgeable in the ecology of the northern
spotted owl and have contributed to the body of scientific information
about the northern spotted owl. In this instance, the regulatory and
educational reasons for inclusion have much less benefit than the
continued benefit of the HCP, including the educational benefits
derived from the HCP.
On the other hand, the benefits of exclusion will continue the
positive relationship we currently have with Plum Creek and encourage
others to engage in conservation partnerships such as HCPs as well. For
these reasons, we determine that the benefits of excluding the Plum
Creek Cascades HCP from the designation of critical habitat for the
northern spotted owl outweigh the benefits of including this area in
critical habitat.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of approximately 33,144 ac (13,413 ha) of
lands covered under the Plum Creek HCP will not result in extinction of
the northern spotted owl because the Plum Creek HCP provides for the
needs of the northern spotted owl by protecting and preserving
landscape levels of suitable northern spotted owl nesting, roosting,
[[Page 71973]]
and foraging habitat as well as foraging and dispersal habitat over the
term of the HCP in strategic landscapes, and implementing species-
specific conservation measures designed to avoid and minimize effects
to northern spotted owls. Monitoring was developed to track HCP
progress over the term of the permit and provide feedback on management
actions. The Plum Creek HCP provides for the ability to make ongoing
adjustments in a number of forms, including active adaptive forest
management. The ability to change is crucial to meet new recovery
challenges. The HCP contains provisions that address ownership changes
and the outcomes expected by the Service. Further, for projects having
a Federal nexus and affecting northern spotted owls in occupied areas,
the jeopardy standard of section 7 of the Act, coupled with protection
provided by the Plum Creek HCP, would provide a level of assurance that
this species will not go extinct as a result of excluding these lands
from the critical habitat designation. We find that exclusion of these
lands within the Plum Creek HCP will not result in extinction of the
northern spotted owl. Based on the above discussion, the Secretary is
exercising his discretion under section 4(b)(2) of the Act to exclude
from this final critical habitat designation portions of the proposed
critical habitat units or subunits that are within the Plum Creek HCP
boundary totaling about 33,144 ac (13,413 ha).
Washington State Department of Natural Resources State Lands Habitat
Conservation Plan
Washington State lands totaling approximately 225,751 ac (91,358
ha) that are covered and managed under the Washington State Department
of Natural Resources State Lands Habitat Conservation Plan (WDNR HCP),
are excluded from this critical habitat designation under section
4(b)(2) of the Act. The WDNR HCP covers approximately 1.7 million ac
(730,000 ha) of State forest lands within the range of the northern
spotted owl in the State of Washington. The majority of the area
covered by the HCP is west of the Cascade Crest and includes the
Olympic Experimental State Forest. The HCP area on the east side of the
Cascade Range includes lands within the range of the northern spotted
owl. The permit associated with this HCP, issued January 30, 1997, was
noticed in the Federal Register on April 5, 1996 (61 FR 15297), has a
term of 70 to 100 years, and covers activities primarily associated
with commercial forest management, but also includes limited nontimber
activities such as some recreational activities. The HCP covers all
species, including the northern spotted owl and other listed species.
The HCP addressed multiple species through a combination of
strategies. The HCP includes a series of Natural Area Preserves and
Natural Resource Conservation Areas. The marbled murrelet is addressed
through a combination of steps culminating in the development of a
long-term plan to retain and protect important old-forest habitat,
which will also benefit the northern spotted owl. Riparian conservation
includes buffers on fish-bearing streams as well as substantial buffers
on streams and wetlands without fish, and deferring harvest on unstable
slopes. Wildlife trees are retained in buffers of natural features
(e.g., caves, wetlands, springs, cliffs, talus slopes) and streams, as
well as scattered and clumped within harvest units. The HCP also
requires WDNR to maintain and grow forests of various structural stages
across all of their HCP ownerships. Specifically for northern spotted
owls, they have identified portions of the landscape upon which they
will manage for nesting, roosting, and foraging (NRF) habitat for
northern spotted owls. These areas are known as NRF Management Areas
(NRFMAs) and were located to provide demographic support that would
strategically complement the NWFP's Late-Successional Reserves as well
as those Adaptive Management Areas that have late-successional
objectives. The NRFMAs also were situated to help maintain species
distribution. Generally, these NRFMAs will be managed so that
approximately 50 percent of those lands will develop into NRF habitat
for the northern spotted owl over time. Within this 50 percent, certain
nest patches containing high-quality nesting habitat are to be retained
and grown. Since the HCP was implemented, within the NRFMAs, WDNR has
carried out 5,100 ac (2,064 ha) of pre-commercial thinning and 7,800 ac
(3,156 ha) of timber harvest specifically configured to enhance
northern spotted owl habitat. WDNR's habitat-enhancement activities
will continue under the HCP.
Some areas outside of the NRFMAs are managed to provide for
dispersal and foraging conditions in 50 percent of the forests in those
areas; these were strategically located in landscapes important for
connectivity. The Olympic Experimental State Forest is managed to
provide for northern spotted owl conservation across all of its lands.
Even in areas not specifically managed for northern spotted owls, WDNR
has committed to providing a range of forest stages across the
landscape to address multiple species. This commitment of forest
stages, in combination with wildlife trees retained within harvest
units and stream and landscape-feature buffers, will provide a matrix
of habitat conditions that will also provide some assistance in
conserving northern spotted owls. Stands containing scattered leave
trees following harvest will become more valuable for northern spotted
owls at earlier ages than those stands harvested using previous
methods. Northern Spotted owls across the WDNR HCP are expected to
benefit from the combination of these strategies.
At the time the permit was approved, there were approximately 292
northern spotted owl site centers overlapping on WDNR covered lands,
including 76 known site centers (excluding historic sites and non-
territorial singles). There were approximately 484,717 ac (196,158 ha)
of suitable habitat on covered lands, which comprised over 10 percent
of all suitable habitat in Washington State at that time.
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands is small unless it is a larger project
covering adjacent Federal lands as well, in which case section 7
consultation would already be triggered and the Federal agency would
consider the effects of its actions on the species. In addition,
although the standards of jeopardy and adverse modification are
different, in this case, the benefits of applying the latter standard
would be minimal in light of the benefits already derived from the HCP.
HCPs typically provide for greater conservation benefits to a
covered species than section 7 consultations because HCPs ensure the
long-term protection and management of a covered species and its
habitat. Funding for such management is ensured through the
Implementation Agreement. Such assurances are typically not provided by
section 7 consultations, which in contrast to HCPs, often do not commit
the project proponent to long-term, special management practices or
protections. Thus, a section 7 consultation typically does not afford
the lands the same benefits as a HCP.
[[Page 71974]]
The development and implementation of HCPs provide other important
conservation benefits, including the development of biological
information to guide the conservation efforts and assist in species
conservation, and the creation of innovative solutions to conserve
species while meeting the needs of the applicant. In this case,
substantial information has been developed from the research,
monitoring, and surveys conducted under the WDNR HCP.
There is minimal incremental benefit from designating critical
habitat for the northern spotted owl within the WDNR HCP because, as
explained above, these covered lands are already managed for the
conservation of the species over the term of the HCP and the
conservation measures provided by the HCP will provide greater
protection to northern spotted owl habitat than the designation of
critical habitat, which provides regulatory protections only in the
event of a Federal action. The WDNR HCP provides for the needs of the
northern spotted owl by protecting and preserving landscape levels of
suitable northern spotted owl nesting, roosting, and foraging habitat
as well as foraging and dispersal habitat over the term of the HCP in
strategic landscapes, and implementing species-specific conservation
measures designed to avoid and minimize effects to northern spotted
owls. The HCP also provides for the ability to make ongoing adjustments
in a number of forms, including active adaptive forest management. The
ability to change is crucial to meet new recovery challenges. The
Service continues to be involved in the implementation of this HCP. The
Service conducts compliance monitoring on the covered lands and
routinely meets with WDNR to discuss ongoing implementation. The HCP
contains provisions that address ownership changes and the outcomes
expected by the Service. Monitoring was developed to track HCP progress
over the term of the permit and provide feedback on management actions.
Therefore, designation of critical habitat would be redundant on these
lands, and would not provide additional measureable protections.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Designation of critical habitat would inform State
agencies and local governments about areas that could be conserved
under State laws or local ordinances, such as the Washington State
Growth Management Act, which encourage the protection of ``critical
areas'' including fish and wildlife habitat conservation areas. Any
information about the northern spotted owl and its habitat that reaches
a wider audience, including parties engaged in conservation activities,
is valuable. However, WDNR, as the State's natural resource agency, is
knowledgeable about the species and has made substantial contributions
to our knowledge of the species. In addition the additional educational
and informational benefits that might arise from critical habitat
designation here have been largely accomplished through the public
review and comment of the HCP, Environmental Impact Statement, and
Implementation Agreement, as well as the supplemental Environmental
Impact Statements associated with the modification of the HCP. This HCP
included intensive public involvement and continues to be an example
used when discussing HCPs. The HCP is frequently a topic of open and
public discussion during meetings of the Washington State Board of
Natural Resources, whose meetings are open to the public and frequently
televised. This level of exposure in local newspapers and television
stations exceeds the level of education that would come from a
designation that would be read by few people in the public. Moreover,
the rulemaking process associated with critical habitat designation
includes several opportunities for public comment, and thus also
provides for public education.
Benefits of Exclusion--A benefit of excluding lands within this HCP
from critical habitat designation is that it would encourage the State
and other parties to continue to work for owl conservation. Since
issuance of this HCP, a number of land transactions and land exchanges
with the HCP area have occurred. These transactions have included
creation of additional Natural Resource Conservation Areas and Natural
Area Preserves (both land designations with high degree of protection)
and have also included large land exchanges and purchases that have
changed the footprint of the HCP. These land-based adjustments have
facilitated better management on many important parcels and across
larger landscapes than would otherwise have been possible. If lands
within HCP plan areas are designated as critical habitat, it would
likely have a negative effect on the willingness of various groups and
funding sources to accomplish these land-ownership adjustments because
of a reluctance to acquire lands designated as critical habitat as well
as a reduced willingness on the part of WDNR to accommodate the
Services goals. This HCP is located in key landscapes across the State
and contributes meaningfully to the recovery of the northern spotted
owl.
If lands within the WDNR HCP plan area are designated as critical
habitat, it would also likely have a negative effect on our ability to
establish new partnerships to develop HCPs, particularly large,
regional HCPs that involve numerous participants and/or address
landscape-level conservation of species and habitats. This HCP has
served as a model for several completed and ongoing HCP efforts,
including the Washington State Forest Practices HCP. By excluding these
lands, we preserve our current private and local conservation
partnerships and encourage additional conservation actions in the
future because other parties see our exclusion as a sign that the
Service will not impose duplicative regulatory burdens on landowners
who have developed an HCP.
HCPs typically provide for greater conservation benefits to a
covered species than section 7 consultations because HCPs ensure the
long-term protection and management of a covered species and its
habitat. In addition, funding for such management is ensured through
the Implementation Agreement. Such assurances are typically not
provided by section 7 consultations, which in contrast to HCPs often do
not commit the project proponent to long-term, special management
practices or protections. Thus, a section 7 consultation typically does
not afford the lands it covers similar extensive benefits as an HCP.
The development and implementation of HCPs provide other important
conservation benefits, including the development of biological
information to guide the conservation efforts and assist in species
conservation, and the creation of innovative solutions to conserve
species while meeting the needs of the applicant. In this case,
substantial information has been developed from the research,
monitoring, and surveys conducted under the WDNR HCP. Therefore,
exclusion is a benefit because it maintains and fosters development of
biological information and innovative solutions.
Benefits of Exclusion Outweigh the Benefits of Inclusion--The
benefits of including these lands in the designation are small. Because
one of the primary
[[Page 71975]]
threats to the northern spotted owl is habitat loss and degradation,
the consultation process under section 7 of the Act for projects with a
Federal nexus will, in evaluating effects to the northern spotted owl,
evaluate the effects of the action on the conservation or functionality
of the habitat for the species regardless of whether critical habitat
is designated for these lands. The analytical requirements to support a
jeopardy determination on excluded land are similar, but not identical,
to the requirements in an analysis for an adverse modification
determination on included land. However, the HCP contains provisions
for protecting and maintaining northern spotted owl habitat that far
exceed the conservation benefits afforded through section 7
consultation. It provides for comprehensive measures applied across a
large landscape that will benefit spotted owls. Washington State DNR
personnel are extremely knowledgeable regarding the ecology of the
northern spotted owl and have contributed to the body of scientific
information about the northern spotted owl. In this instance, the
regulatory and educational benefits of inclusion have much less benefit
than the continued benefit of the HCP including the educational
benefits derived from the HCP.
The WDNR HCP provides for significant conservation and management
within geographical areas that contain the physical or biological
features essential to the conservation of the northern spotted owl and
help achieve recovery of this species through the conservation measures
of the HCP. Exclusion of these lands from critical habitat will help
foster the partnership we have developed with WDNR, through the
development and continuing implementation of the HCP. Furthermore, this
partnership may aid in fostering future cooperative relationships with
other parties in other locations for the benefit of listed species.
For these reasons, we determine that the benefits of excluding the
WDNR HCP from the designation of critical habitat for the northern
spotted owl outweigh the benefits of including this area in critical
habitat.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of approximately 225,751 ac (91,358 ha) of
lands covered under the WDNR HCP will not result in extinction of the
northern spotted owl. The WDNR HCP protects and preserves landscape
levels of suitable northern spotted owl nesting, roosting, and foraging
habitat as well as foraging and dispersal habitat over the term of the
HCP in strategic landscapes, and implements species-specific
conservation measures designed to avoid and minimize effects to
northern spotted owls. Monitoring was developed to track HCP progress
over the term of the permit and provide critical feedback on management
actions. Adaptive management provides for responses to this feedback.
Further, for projects having a Federal nexus and affecting northern
spotted owls in occupied areas, the jeopardy standard of section 7 of
the Act, coupled with protection provided by the WDNR HCP, would
provide a level of assurance that this species will not go extinct as a
result of excluding these lands from the critical habitat designation.
We find that exclusion of these lands within the WDNR HCP will not
result in extinction of the northern spotted owl. Based on the above
discussion, the Secretary is exercising his discretion under section
4(b)(2) of the Act to exclude from this final critical habitat
designation portions of the proposed critical habitat units or subunits
that are within the WDNR HCP totaling about 225,751 ac (91,358 ha).
West Fork Timber Habitat Conservation Plan
The Service has excluded approximately 5,105 ac (2,066 ha) of lands
from final critical habitat designation, under section 4(b)(2) of the
Act, that are covered under the West Fork Timber HCP (West Fork HCP)
(formerly known as Murray Pacific Corporation) in the West Cascades
Central CHU in Washington. The West Fork HCP was the first multispecies
HCP on forested lands in the Nation. The permit associated with the
West Fork HCP has a term of 100 years and was first issued on September
24, 1993; amended on June 26, 1995; and amended again on October 16,
2001 (66 FR 52638). The HCP includes 53,558 ac (21,674 ha) of
commercial timber lands managed as a tree farm in Lewis County,
Washington. The HCP is situated between an area of Federal land known
as the Mineral Block and the larger block of Federal lands in the
Cascades. The HCP was first developed to allow for forest-management
activities and provide for the conservation of the northern spotted
owl; the amended HCP provides for all species, including six listed
species. The HCP is designed to develop and maintain northern spotted
owl dispersal habitat across 43 percent of the tree farm, and must also
meet quantitative measures of amount and distribution. As a result,
total dispersal habitat will more than double in amount, and wide gaps
between stands of dispersal habitat will be decreased.
In addition, the West Fork HCP provides for leaving at least 10
percent of the tree farm in reserves for the next 100 years. These
reserves will primarily take the form of riparian buffers averaging at
least 100 feet (30 m) on each side of all fish-bearing streams, as well
as other buffers and set-a-side areas. Other provisions of the HCP are
designed to ensure that all forest habitat types and age classes
currently on the tree farm, as well as special habitat types such as
talus slopes, caves, nest trees, and den sites, are protected or
enhanced. Seasonal protection is provided within \1/4\ mile of an
active northern spotted owl nest site.
At the time the permit was approved, there were approximately 4,678
ac (1,893 ha) of suitable habitat in small stands sporadically located,
comprising about 8 percent of the ownership. The HCP included 3
resident northern spotted owls and included about 20 percent of the
ownership in dispersal habitat.
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands is small unless it was a larger project
covering adjacent Federal lands as well, in which case section 7
consultation would already be triggered and the Federal agency would
consider the effects of its actions on the species. In addition,
although the standards for jeopardy and adverse modification are not
the same, the benefits of the section 7 prohibition on adverse
modification would be minimal in light of the benefits already derived
from the HCP.
HCPs typically provide for greater conservation benefits to a
covered species than section 7 consultations because HCPs ensure the
long-term protection and management of a covered species and its
habitat. In addition, funding for such management is ensured through
the Implementation Agreement. Such assurances are typically not
provided by section 7 consultations, which, in contrast to HCPs,
usually do not commit the project proponent to long-term, special
management practices or protections. Thus, a section 7 consultation
typically does not afford the lands it covers
[[Page 71976]]
benefits similar to those provided by an HCP. The development and
implementation of HCPs provide other important conservation benefits,
including the development of biological information to guide the
conservation efforts and assist in species conservation, and the
creation of innovative solutions to conserve species while meeting the
needs of the applicant.
There is minimal incremental benefit from designating critical
habitat for the northern spotted owl within the West Fork HCP because,
as explained above, these covered lands are already managed for the
conservation of the species over the term of the HCP and the
conservation measures provided by the HCP will provide greater
protection to northern spotted owl habitat than the designation of
critical habitat, which provides regulatory protections only in the
event of a Federal action. The West Fork HCP provides for the needs of
the northern spotted owl by protecting and preserving landscape levels
of suitable northern spotted owl dispersal habitat over the term of the
HCP in strategic landscapes, and implementing species-specific
conservation measures designed to avoid and minimize effects to
northern spotted owls. The HCP also provides for the ability to make
ongoing adjustments in a number of forms, including active adaptive
forest management. The ability to change is crucial to meet new
recovery challenges. The Service continues to be involved in
implementation of the HCP. It contains provisions that address
ownership changes and the outcomes expected by the Service. Monitoring
was developed to track HCP progress over the term of the permit and
provide feedback on management actions. Therefore, designation of
critical habitat would be redundant on these lands, and would not
provide additional measureable protections.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Designation of critical habitat would inform State
agencies and local governments about areas that could be conserved
under State laws or local ordinances, such as the Washington State
Growth Management Act, which encourage the protection of ``critical
areas'' including fish and wildlife habitat conservation areas. Any
information about the northern spotted owl and its habitat that reaches
a wider audience, including parties engaged in conservation activities,
is valuable. However, this landowner is knowledgeable about the species
through its implementation of the HCP. In addition the additional
educational and informational benefits that might arise from critical
habitat designation here have been largely accomplished through the
public review and comment of the HCP, Environmental Impact Statement,
and Implementation Agreement. Through these processes, this HCP
included intensive public involvement. Moreover, the rulemaking process
associated with critical habitat designation includes several
opportunities for public comment, and thus also provides for public
education. Through these outreach opportunities, land owners, State
agencies, and local governments have become more aware of the status of
and threats to the northern spotted owl and the conservation actions
needed for recovery.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, in Washington, State forest practices
regulations provide an exemption for review for lands managed under an
HCP. Thus, even should the State respond to designation of critical
habitat by instituting additional protections, the HCP will not be
subject to those protections as the species is considered already
addressed, and therefore no additional benefit would accrue through
State regulations.
Benefits of Exclusion--Compared to the minimal benefits of
inclusion of this area in critical habitat, the benefits of excluding
it from designated critical habitat are more substantial.
HCP conservation measures that provide a benefit to the northern
spotted owl and its habitat have been implemented continuously since
1993 on all covered lands owned and managed under the HCP. Excluding
these lands from critical habitat designation will sustain and enhance
the working relationship between the Service and the permit holder.
A related benefit of excluding lands within HCPs from critical
habitat designation is the unhindered, continued ability to seek new
partnerships with future HCP participants including States, counties,
local jurisdictions, conservation organizations, and private
landowners, which together can implement conservation actions that we
would be unable to accomplish otherwise. If lands within the West Fork
HCP plan area are designated as critical habitat, it would likely have
a negative effect on our ability to establish new partnerships to
develop HCPs, particularly large, regional HCPs that involve numerous
participants and/or address landscape-level conservation of species and
habitats. If excluded, the willingness of the landowner to work with
the Service to manage federally listed species will continue to
reinforce those conservation efforts and our partnership, which
contribute toward achieving recovery of the northern spotted owl. We
consider this voluntary partnership in conservation important in
maintaining our ability to implement recovery actions such as habitat
protection and restoration, and beneficial management actions for
species on non-Federal lands.
In summary, the designation of critical habitat could have an
unintended negative effect on our relationship with non-Federal
landowners due to the perceived imposition of redundant government
regulation. If lands within the West Fork HCP area are designated as
critical habitat, it would likely have a negative effect on our
continued ability to seek new partnerships with future participants can
implement conservation actions (such as SHAs, and HCPs) that we would
be unable to accomplish otherwise. By excluding these lands, we
preserve our current private and local conservation partnerships and
encourage additional conservation actions in the future.
Benefits of Exclusion Outweigh the Benefits of Inclusion--The
benefits of including these lands in the designation are comparatively
small. Because one of the primary threats to the northern spotted owl
is habitat loss and degradation, the consultation process under section
7 of the Act for projects with a Federal nexus will, in evaluating
effects to the northern spotted owl, evaluate the effects of the action
on the conservation or functionality of the habitat for the species
regardless of whether critical habitat is designated for these lands.
The analytical requirements to support a jeopardy determination on
excluded land are similar, but not identical, to the requirements in an
analysis for an adverse modification determination on included land.
However, the HCP contains provisions for protecting and maintaining
northern spotted owl habitat that far exceed the conservation benefits
afforded through section 7 consultation. It provides for
[[Page 71977]]
comprehensive measures applied across a large landscape that will
benefit spotted owls. In this instance, the regulatory and educational
benefits of inclusion have much less benefit than the continued benefit
of the HCP including the educational benefits derived from the HCP.
The West Fork HCP provides for significant conservation and
management within geographical areas that contain the physical or
biological features essential to the conservation of the northern
spotted owl and help achieve recovery of this species through the
conservation measures of the HCP. Exclusion of these lands from
critical habitat will help foster the partnership we have developed
with West Fork, through the development and continuing implementation
of the HCP. Furthermore, this partnership may aid in fostering future
cooperative relationships with other parties in other locations for the
benefit of listed species.
In summary, we determine that the benefits of excluding the West
Fork HCP from the designation of critical habitat for the northern
spotted owl outweigh the benefits of including this area in critical
habitat.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of approximately 5,105 ac (2,066 ha) of lands
covered under the West Fork HCP will not result in extinction of the
northern spotted owl because the conservation measures identified
within the HCP seek to maintain or surpass current habitat suitability
for northern spotted owls. The HCP is designed to develop and maintain
northern spotted owl dispersal habitat; as a result, total dispersal
habitat will more than double in amount and wide gaps between stands of
dispersal habitat will be decreased. In addition, the West Fork HCP
provides for reserves for the next 100 years, ensuring that all forest
habitat types and age classes currently on the tree farm, as well as
special habitat types such as talus slopes, caves, nest trees, and den
sites, are protected or enhanced. Seasonal protection is provided for
active northern spotted owl nest sites. Further, for projects having a
Federal nexus and affecting northern spotted owls in occupied areas,
the jeopardy standard of section 7 of the Act, coupled with protection
provided by the West Fork HCP, would provide a level of assurance that
this species will not go extinct as a result of excluding these lands
from the critical habitat designation. We find that exclusion of these
lands within the West Fork HCP will not result in extinction of the
northern spotted owl. Based on the above discussion, the Secretary is
exercising his discretion under section 4(b)(2) of the Act to exclude
from this final critical habitat designation portions of the proposed
critical habitat units or subunits that are within the West Fork HCP
boundary totaling about 5,105 ac (2,066 ha).
Other Conservation Measures or Partnerships
State of California
Mendocino Redwood Company
In this final designation, the Secretary has exercised his
authority to exclude lands from critical habitat, under section 4(b)(2)
of the Act, owned by The Mendocino Redwood Company (MRC, the company)
and totaling approximately 232,584 total ac (94,123 ha) in Unit 3--
Redwood Coast, in Mendocino and Sonoma Counties, California. This land
is distributed among three critical habitat subunits as described in
the following. In subunit RDC-2, we proposed approximately 209,550 ac
(84,802 ha) for critical habitat designation. In subunit RDC-3, we
proposed approximately 22,733 ac (9,200 ha) for critical habitat
designation. In subunit RDC-4, we proposed 301 ac (121 ha) for critical
habitat designation. All company lands proposed for designation within
these three subunits have been excluded from critical habitat
designation under section 4(b)(2) of the Act.
MRC has a long-standing voluntary partnership with the Service to
protect the northern spotted owl on MRC lands. MRC initially approached
the Service in 1998 to develop a combined habitat conservation plan and
a State-level counterpart draft natural communities conservation plan
(HCP/NCCP). Knowing that the completion of an HCP/NCCP would take an
extended period of time, MRC and the Service worked together to develop
a set of interim standards and measures to conserve and protect the
northern spotted owl and its habitat, pending the completion of the
HCP/NCCP. These written interim standards and measures are detailed and
specific and have been incorporated into each of MRC's timber harvest
plans since their development. These interim standards and measures are
detailed in MRC's January 15, 2010, Northern Spotted Owl Resource Plan/
Management Plan (SORP) (MRC 2010, pp. 1-30). The SORP was intended to
serve as a bridge document to reduce resource impacts to both the
northern spotted owl and its habitat until the completion of the HCP/
NCCP. The SORP includes monitoring and survey requirements and northern
spotted owl habitat protection measures that are implemented across the
landscape. The SORP describes methodologies to locate owls, assess
reproductive status, and provide a framework that includes habitat
definitions and protections associated with northern spotted owl
activity centers which provide measurable standards for habitat
conservation. MRC and the Service meet frequently to discuss northern
spotted owl study results provided by the company and this information
is used by both the Service and MRC to develop measures that conserve
the species through an iterative process that will assist in the
development of the HCP/NCCP. In reviewing the SORP and monitoring
results, we find that the SORP and protective measures therein provide
substantial conservation benefits for the northern spotted owl and its
habitat at a landscape scale.
The standards and measures described in the SORP are included in
the ``Planning Agreement'' (dated August 5, 2009) that MRC entered into
with the California Department of Fish and Game (CDFG) for preparation
of the NCCP element of the HCP/NCCP. Planning Agreements are mandatory
under the California Natural Community Conservation Planning Act, and
inasmuch as the northern spotted owl standards and measures are
included in MRC's planning agreement, they are mandatory. MRC has
revised them when requested by the Service, as part of a voluntary
partnership with the Service.
In addition, MRC has two State-level planning documents that are in
effect now and which contain substantial long-terms benefits for
northern spotted owl habitat. One is the company's 2008 Option A plan,
entered into with CALFIRE, which sets sustainable long-term timber
harvest levels and controls on standing forest inventory, and the other
is the companion 2012 Management Plan, also entered into with CALFIRE,
which outlines company-specific management practices used in
conjunction with the Option A harvesting program. Together, these
documents have enabled the company to maintain its forest certification
through the Forest Stewardship Council (FSC) which gives the company
access to certain wholesale lumber markets that promote ``green''
certified wood products. The State-level planning documents have also
enabled the company to obtain registration through the California
Climate Action Registry which is the designated clearinghouse for
carbon-credit sellers under California's developing cap-and-trade
[[Page 71978]]
program. The company's long-term management direction under Option A
(2008) and the Management Plan (2012) is to greatly expand their stock
of standing forest inventory, with a near-doubling of that inventory
over the next nine decades. While we do not consider here the northern
spotted owl conservation measures in the company's proposed HCP in
support of 4(b)(2) exclusion, since that plan is not yet finalized, we
do note that practically all of the long-term habitat and demographic
objectives in the proposed HCP are dependent on the forest inventory
trajectory that is established and in effect under Option A and the
Management Plan, and are partly dependent on the distribution and array
of silvicultural treatments that is specified under the Management
Plan. Time intervals, measurable targets, and enforcement mechanisms
for forest inventory development are already in place through the
State-level forest planning processes, whether or not the proposed HCP
is finalized. The company's long term commitment to expanding standing
forest inventory is also demonstrated by their status as a seller in
the State's emerging carbon credit market. In order to sell carbon
credits, the seller has to possess surplus carbon; in forest management
terms, the only way to have a continuous supply of surplus carbon is to
have a body of inventory that is on a continuous-net-growth trajectory.
The 2012 Management Plan also explicitly documents some of the
company's internal management direction on the northern spotted owl
with regard to the linkages between future forest conditions and owl
habitat utilization, direction on the acquisition and analysis of owl
breeding site surveys, and future development of northern spotted owl
habitat models.
Following are summaries of specific measures in the 2012 Management
Plan that will have direct, indirect, near-term and long-term benefits
for the northern spotted owl, and which are in effect currently: (1)
The company, having inherited a severely depleted forest inventory from
the previous owners, has a standing policy to rebuild inventories,
which will result in a doubling of total standing volume by the ninth
decade of the planning horizon; (2) total harvest levels through the
100-year planning horizon are constrained to a graduating percentage of
periodic growth volume, from a current 48 percent to 84 percent in the
tenth decade of the plan; (3) a shift in the use of uneven-aged
silviculture from a current 65 percent of harvest acres to 99 percent
in the fifth decade of the plan; (4) protection policies for
unharvested old-growth stands and previously harvested stands
containing residual old-growth trees; (5) wildlife tree and snag
retention requirements that meet or exceed Service recommendations and
exceed current State Forest Practice rules; (6) a minimum forest floor
large woody debris (LWD) standard on general forest land of 70 cubic
feet per ac (4.9 cubic meter per ha) based on minimum-sized logs 16 in
(41 cm) diameter and 10 ft (3.3 m) in length, increasing to 98 cubic
feet per ac (6.9 cubic meter per ha) in riparian areas; and (7) a
hardwood management policy that maintains a minimum hardwood basal area
of 15 square feet per ac (3.4 square m per ha) in mixed conifer-
hardwood stands. Each policy outlined above will result in: (a) A long
term increase in standing forest biomass per unit of land area; or (b)
increased spatial continuity of vegetative types that are suitable
northern spotted owl habitat; or (c) retention of specific features
such as old-growth trees or stands, and retention of a minimum level of
hardwoods, snags, and wildlife trees. All of these policies will either
lead to maintenance or enhancement of northern spotted owl habitat
suitability or lead to emergence of suitable habitat where it is
currently not present, thereby benefiting the conservation of the
northern spotted owl and its habitat.
The company has completed a draft of their proposed HCP/NCCP, and
the northern spotted owl is one of the covered species in this
document. The company has submitted the HCP application to the Service.
If the HCP/NCCP is approved and permits issued, the term of the
incidental take permit and counterpart State permit would be 80 years.
The combined draft Environmental Impact Statement (EIS) and State draft
Environmental Impact Report (EIR) is scheduled for issuance in fall of
2012, and a final HCP/NCCP and final EIS/EIR is anticipated in spring
or summer, 2013. However, as noted above, we have not taken the
proposed HCP/NCCP into account in determining the level of protection
currently provided to the northern spotted owl on MRC land, as we have
not completed processing the permit application and a final decision
has not been made whether it meets issuance criteria. We cite to the
development of this HCP/NCCP only in terms of evidence of MRC's
commitment to partnering with the Service for the conservation of the
northern spotted owl.
Benefits of Inclusion--We find there are minimal benefits to
including MRC lands in critical habitat. As discussed above, the
designation of critical habitat invokes the provisions of section 7.
However, in this case, we find the requirement that Federal agencies
consult with us and ensure that their actions are not likely to destroy
or adversely modify critical habitat will not result in significant
benefits to the species because the possibility of a Federal nexus for
a project on these lands that might trigger such consultation is
limited since there is little likelihood of an action that will involve
Federal funding, authorization, or implementation. In addition, since
the lands under in question are occupied by the northern spotted owl,
if a Federal nexus were to occur, section 7 consultation would already
be triggered and the Federal agency would consider the effects of its
actions on the species through a jeopardy analysis. Because one of the
primary threats to the northern spotted owl is habitat loss and
degradation, the consultation process under section 7 of the Act for
projects with a Federal nexus will, in evaluating effects to the
northern spotted owl, evaluate the effects of the action on the
conservation or function of the habitat for the species regardless of
whether critical habitat is designated for these lands. Although the
standards for jeopardy and adverse modification are not the same, the
additional conservation that could be attained through the section 7
prohibition on adverse modification analysis would not likely be
significant in this case because of the conservation agreements already
in place.
Another potential benefit of including lands in a critical habitat
designation is that the designation can serve to educate landowners,
State and local government agencies, and the public regarding the
potential conservation value of an area, and may help focus
conservation efforts on areas of high conservation value for certain
species. Any information about the northern spotted owl and its habitat
that reaches a wider audience, including parties engaged in
conservation activities, is valuable. However, in this case the
educational value of critical habitat is limited. As evidenced by their
extensive forest management planning, this forestland owner is
knowledgeable about the species.
The designation of critical habitat may also indirectly cause State
or county jurisdictions to initiate their own additional requirements
in areas identified as critical habitat. These measures may include
additional permitting requirements or a higher level of local review on
proposed projects. However, CALFIRE has indicated to us that it is
unlikely to
[[Page 71979]]
impose any new requirements on project proponents if critical habitat
is designated in areas already subject to California Forest Practice
Rules. Therefore, we believe this potential benefit of critical will be
limited.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 232,584 ac (94,123 ha) of lands
currently owned by the MRC are substantial. We have created a close
partnership with the company through the development of the SORP and
the resulting draft HCP/NCCP. The SORP contains provisions that will
improve inventory of redwood, Douglas-fir, and other conifers across
MRC's ownership and includes measures that will return forest types to
those that support the northern spotted owl. In addition, the SORP
stipulates a series of actions intended to increase canopy cover and
move management of forest stands to uneven-aged management to promote
multilayered canopies and protect old growth stands and individual
trees with old-growth structural features. The SORP also contain
provisions that will result in stands being grown in Watercourse and
Lake Protection Zones (WLPZ) that exceed current State Forest Practice
requirements and that meet the Service's recommended standards for
standing tree basal area and retention of large woody debris in
watercourse protection zones. All of these measures are consistent with
recommendations from the Service for the conservation of the northern
spotted owl, and will afford benefits to the species and its habitat.
Other MRC actions also demonstrate their commitment to the Federal-
State-private partnership. The company's Management Plan in connection
to their FSC forest certification is already in effect. That Plan has
numerous measures within it that the company has been implementing on
the ground for several years without any inducement from the
cooperating Federal and State agencies. Much of the Management Plan is
concerned with harvest scheduling and how the company will remedy its
current deficit in standing forest inventory. The major part of that
remedy is found in the 10-decade harvesting schedule in the Management
Plan, which tightly constrains harvest levels in the early decades of
the Plan and relaxes the constraint in later decades. The company has
implemented the designed harvest schedule since 2000, which is
supported in the certification audit reports of 2005 and 2010. This
means that MRC has, in fact, foregone a portion of their potential
short-term harvest revenues for nearly 12 years to fulfill a Management
Plan that is not under Federal purview. Company policies embodied in
the Management Plan will result in (a) a long term increase in standing
forest biomass per unit of land area; or (b) increased spatial
continuity of vegetative types that are suitable northern spotted owl
habitat; or (c) retention of specific features such as old-growth
trees/stands, retention of a minimum level of hardwoods, snags, and
wildlife trees. All of these policies will either lead to maintenance
of northern spotted owl habitat suitability or lead to emergence of
suitable habitat where it is currently not present.
Excluding the approximately 232,584 ac (94,123 ha) owned and
managed by MRC from critical habitat designation will provides
significant benefit in terms of sustaining and enhancing the excellent
partnership between the Service and the company, with positive
consequences for conservation. The willingness of MRC to voluntarily
undertake conservation efforts for the benefit of the northern spotted
owl and work with the Service to develop new conservation plans for the
species will continue to reinforce those conservation efforts and our
partnership, which contribute toward achieving recovery of the northern
spotted owl. We consider this voluntary partnership in conservation
vital to our understanding of the northern spotted owl status of
species on MRC lands and in the redwood region, and necessary for us to
implement recovery actions such as habitat protection and restoration,
and beneficial management actions for species.
The designation of critical habitat could have an unintended
negative effect on our relationship with non-Federal landowners due to
the perceived imposition of government regulation. If lands within the
area managed by MRC for the benefit of the northern spotted owl are
designated as critical habitat, it could have a chilling effect on our
continued ability to seek new partnerships with future participants
including States, counties, local jurisdictions, conservation
organizations, and private landowners, which together can implement
various conservation actions (such as SHAs, HCPs, and other
conservation plans, particularly large, regional Conservation Plans
that involve numerous participants and/or address landscape-level
conservation of species and habitats) that we would be unable to
accomplish otherwise. In addition, MRC serves as a model of voluntary
conservation by a private landowner, and may aid in fostering future
voluntary conservation efforts by other parties in other locations for
the benefit of listed species. We consider the positive effect of
excluding proven conservation partners from critical habitat to be a
significant benefit of exclusion.
The Benefits of Exclusion Outweigh the Benefits of Inclusion--We
have reviewed and evaluated the exclusion of approximately 232,584 ac
(94,123 ha) of land owned and managed by MRC from the critical habitat
designation. The benefits of including these lands in the designation
are comparatively small, since the habitat on the covered lands is
already being monitored and managed under the current Management Plan
and the Timber Management Plan to improve the habitat elements that are
equivalent to the physical or biological features that are outlined in
this critical habitat rule. We therefore anticipate little, if any,
additional protections through application of the section 7 prohibition
on adverse modification due to the designation of critical habitat on
these lands.
The potential educational benefits of inclusion are also limited.
The company has an active monitoring program on over 150 northern
spotted owl activity sites and is making increasing contributions to
our knowledge of the species through focused research. In addition,
there is a growing local constituency for current land management
direction as a result of the company's outreach efforts in the form of
public informational presentations and tours of the property. In this
instance, any potential educational benefits of inclusion would have
much less practical effect than any of the scientific and informational
activities that the company has initiated to date.
In contrast, the benefits derived from excluding this ownership and
enhancing our private lands partnership with MRC are significant. We
have developed a solid working relationship with MRC, and expect this
beneficial conservation partnership to continue. The benefits of this
partnership are significant, because MRC has demonstrated that its
actions will contribute substantially to the conservation of the
northern spotted owl and its habitat and influence long-term management
outcomes across the entire ownership. We noted the positive
conservation benefits that accrue from exclusion from critical habitat,
including relief from perceived potentially duplicative regulatory
burden and the increased potential of pursuing additional conservation
agreements with other private landowners. As discussed above, MRC
[[Page 71980]]
has developed a long-standing practice of managing its lands in a
sustainable nature that benefits the northern spotted owl and its
habitat. We also discussed the long-term value of the partnership with
MRC, and evidence of the company's commitment to that partnership
through voluntary implementation and coordination of conservation
actions. We will not repeat that discussion here, but point to it as
the strongest among all factors we considered in the weighing of the
benefits of exclusion against the benefits of inclusion.
We have determined that the additional regulatory benefits of
designating critical habitat, afforded through the section 7(a)(2)
consultation process, are minimal because of limited Federal nexus and
because conservation measures specifically benefitting the northern
spotted owl and its habitat are in place as a result of our partnership
with the company and as demonstrated by the provisions of the SORP and
other planning documents, as discussed above. The potential educational
and informational benefits of critical habitat designation on lands
containing the physical or biological features essential to the
conservation of the northern spotted owl would be minimal, because MRC
is making substantial contributions to our understanding of the ecology
of the northern spotted owl and its habitats in the redwood region, and
continues to disseminate useful information through public education
events. Therefore, in consideration of the factors discussed above in
the Benefits of Exclusion section, including the relevant impact to
current and future partnerships, we have determined that the benefits
of exclusion of lands owned by the MRC outweigh the benefits of
designating these areas as critical habitat.
Exclusion Will Not Result in Extinction of the Species--We have
determined that the exclusion of 232,584 ac (94,123 ha) from the
designation of critical habitat for the northern spotted owl on lands
owned and managed by MRC will not result in extinction of the species.
Conservation efforts that are currently in effect through the SORP (and
not taking into account the draft HCP/NCCP) will adequately protect the
geographical areas containing the physical or biological features
essential to the conservation of the species. For projects having a
Federal nexus and affecting northern spotted owls in occupied areas, as
is the case here, the jeopardy standard of section 7 of the Act,
coupled with current land management measures that are not under
Federal purview, would provide assurances that this species will not go
extinct as a result of excluding these lands from the critical habitat
designation. Based on the above discussion, the Secretary is exercising
his discretion under section 4(b)(2) of the Act to exclude from this
final critical habitat designation portions of the proposed critical
habitat units or subunits that are within the Mendocino Redwood Company
ownership boundary totaling 232,854 ac (92,123 ha).
State of Washington
Scofield Corporation Deed Restriction (Formerly Habitat Conservation
Plan)
In this final designation, the Secretary has exercised his
authority to exclude 40 ac (16 ha) of lands from critical habitat,
under section 4(b)(2) of the Act, that are covered under the Scofield
Corporation Deed Restriction in the East Cascades North CHU. A
incidental take permit based on an HCP, was issued to Scofield
Corporation in 1996 (noticed February 20, 1996 (61 FR 6381), issued
April 3, 1996). The permit had a duration for only one year, but as
provided in the permit terms, the lands under this HCP are now covered
by a Deed Restriction for those lands in perpetuity. This HCP and deed
restriction include 40 ac (16 ha) of forest lands in Chelan County,
Washington. The HCP-covered forest-management activities and the
associated incidental take permit included only the northern spotted
owl. The HCP provided for mitigation and minimization measures by
retaining a buffer of intact habitat, implementing selective timber
harvest practices, and placing a perpetual deed restriction on the
property permanently prohibiting further timber harvest or tree removal
except with the express written consent of the Service. These measures
were designed to ensure the retention of some northern spotted owl
habitat and approximately 72 percent of the total number of trees after
harvest.
At the time the permit was approved, the HCP-covered lands included
a single northern spotted owl site with most of its habitat on adjacent
Federal lands. The amount of habitat was low, due to natural eastside
Cascades characteristics and recent fire. Approximately 55 percent of
the mature trees in the 40-acre project area were allowed to be
removed, which in the short term further reduced the availability of
potential nesting, roosting, or foraging sites for northern spotted
owls. However, the adverse effects on this northern spotted owl pair
due to loss of habitat was likely low, because the habitat was marginal
Type C (young forest marginal) at best, and surveys in the project area
suggested low use by northern spotted owls. In addition, the no-harvest
buffer along the highway ensured that is less than 40 ac (16 ha) was
affected by the action, which is a small portion of the suitable
habitat that is available for use by northern spotted owls within the
median home range of that site as well as the eastern Cascades.
Under the HCP, about 55 percent of the mature trees and 28 percent
of the total number of trees in the project area were allowed to be
harvested. Selective harvest resulted in retention of different size
and age classes of trees to contribute to stand structure and species
diversity, important components to northern spotted owl habitat.
Thinning the stand will allow younger age-class trees to grow, and
continue to contribute to the multilayer structure of the stand. Since
the project area is being allowed to grow and develop into perpetuity,
suitable northern spotted owl habitat will be available in the future.
This potential habitat will complement habitat that is likely to occur
on adjacent national forest lands being managed as late-successional
forest. In the long-term, the potential for the project area to become
northern spotted owl habitat and remain in that condition is
substantially greater than it would have been without the HCP. In
addition, the Deed Restriction identified in the land contract provides
for the permanent protection of this habitat.
Benefits of Inclusion--We find that there is minimal benefit from
designating critical habitat for the northern spotted owl within the
Scofield Deed Restriction because, as explained above, these lands are
already managed for the conservation of the species under the deed
restrictions. Section 7 is unlikely to provide additional regulatory
protection, not only because Federal actions on this small 40-acre
parcel are unlikely, but also because any such Federal action would
have to be consistent with the Deed Restriction. Thus the existence of
this Deed Restriction reduces any incremental benefits that may be
provided by section 7. The Deed Restriction provides for the needs of
the northern spotted owl by providing northern spotted owl dispersal
habitat and improving conditions. Therefore, designation of critical
habitat would be redundant on these lands, and would not provide
additional measureable protections. In addition, the conservation
measures identified within the Deed Restriction seek to achieve
conservation goals for northern spotted owls and their habitat, and
thus can be of greater conservation benefit than the
[[Page 71981]]
designation of critical habitat, which does not require specific
management actions.
A potential benefit of including lands in a critical habitat
designation is that the designation can serve to educate landowners and
the public regarding the potential conservation value of an area, and
may help focus conservation efforts on areas of high conservation value
for certain species. However, the additional educational and
informational benefits that might arise from critical habitat
designation have been largely accomplished through the public review
and comment of the HCP/Environmental Assessment, as well as the
Implementation Agreement. In addition, through the Deed Restriction,
the current landowner and any future owner are made fully aware of the
needs of the northern spotted owl on this parcel.
Benefits of Exclusion--A benefit of excluding lands within HCPs
from critical habitat designation is the unhindered, continued ability
to seek new partnerships with future HCP participants including States,
counties, local jurisdictions, conservation organizations, and private
landowners, which together can implement conservation actions that we
would be unable to accomplish otherwise. In particular, if lands within
the Scofield Corporation Deed Restriction area are designated as
critical habitat, it would likely have a negative effect on our ability
to establish new partnerships to develop HCPs with smaller landowners
who occupy key landscapes. It could be perceived as adding redundant
Federal regulation on top of the HCP's requirement to protect the land
in perpetuity. By excluding these lands, we may encourage additional
conservation actions in the future.
Benefits of Exclusion Outweigh the Benefits of Inclusion--In
summary, we determine that the benefits of excluding the Scofield
Corporation lands subject to the Deed Restriction from the designation
of critical habitat for the northern spotted owl outweigh the benefits
of including this area in critical habitat. We find that including this
area in the designation would result in minimal, if any, additional
benefits to the northern spotted owl, as explained above. Excluding
this parcel from critical habitat could result in real benefits by
encouraging other small landowners to participate in northern spotted
owl conservation efforts by demonstrating that we will not impose
redundant regulatory burdens when they undertake meaningful
conservation efforts. The management strategies of the Scofield Deed
Restriction are designed to maintain and enhance habitat for the
northern spotted owl. The Scofield Deed Restriction includes forest-
management practices and habitat conservation objectives that benefit
the northern spotted owl and its habitat, which exceeds any
conservation value provided as a result of a critical habitat
designation.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of approximately 40 ac (16 ha) of lands
covered under the Scofield Deed Restriction will not result in
extinction of the northern spotted owl because it provides northern
spotted owl dispersal habitat and improves habitat conditions, and it
the possibility for the project area to become northern spotted owl
habitat and remain in that condition is substantially greater than
without the HCP. Further, the protection provided by the Scofield Deed
Restriction would provide a level of assurance that this species will
not go extinct as a result of excluding these lands from the critical
habitat designation. We find that exclusion of these lands within the
Scofield Deed Restriction will not result in extinction of the northern
spotted owl. Based on the above discussion, the Secretary is exercising
his discretion under section 4(b)(2) of the Act to exclude from this
final critical habitat designation portions of the proposed critical
habitat units or subunits that are covered by the Scofield Corporation
Deed Restriction totaling about 40 ac (16 ha).
Exclusion of Private Lands
State of California
Our proposed designation included 123,348 ac (49,917 ha) of
privately-owned lands without existing Federal conservation agreements
in the State of California that we identified as critical habitat for
the northern spotted owl.
Forest management and forest practices on private lands in
California, including harvesting for forest products or converting land
to another use are regulated by the State under Division 4 of the
Public Resources Code, and in accordance with the California Forest
Practice Rules (California Code of Regulations, (CCR) Title 14,
Sections 895-1115). Under this framework, the California Department of
Forestry and Fire Protection (CALFIRE) is the designated authority on
forest management and forest practices on private lands in California.
All private land timber harvesting in California must be conducted
in accordance with a site-specific timber harvest plan (THP) that is
submitted by the owner and is subject to administrative approval by
CALFIRE. The THP must be prepared by a State-registered professional
forester, and must contain site-specific details on the quantity of
timber involved, where and how it will be harvested, and the steps that
will be taken to mitigate potential environmental damage. The THP and
CALFIRE's review process are recognized as the functional equivalent to
the environmental review processes required under the California
Environmental Quality Act of 1970 (CEQA). The policy of the State with
regard to the northern spotted owl can be characterized as one of take-
avoidance. The Director of CALFIRE is not authorized to approve any
proposed THP that would result in take of a federally-listed species,
including the northern spotted owl unless that taking is authorized
under a Federal Incidental Take Permit (review process is outlined in
14 CCR 919.9 and 919.10). This latter point creates an incentive for
private landowners to enter into Federal safe harbor agreements or
habitat conservation plans. CALFIRE also regulates the conversion
permitting process in which private forest and woodland can be
converted to agricultural uses (in contrast, conversions of forest and
woodlands to residential, commercial, and industrial uses are evaluated
and permitted under local land use planning authorities).
Benefits of Inclusion--We find there are minimal benefits to
including these lands in critical habitat. As discussed above, the
principal benefit of including an area in critical habitat is the
requirement that Federal agencies consult with the Service under
section 7(a)(2) of the Act to ensure actions they fund, authorize, or
carry out are not likely to result in the destruction or adverse
modification of any designated critical habitat. Section 7(a)(2) also
requires that Federal agencies must consult with us on actions that may
affect a listed species and refrain from undertaking actions likely to
jeopardize the continued existence of such species.
Our Final Economic Analysis (IEC 2012b) concludes that critical
habitat designation for the northern spotted owl is unlikely to
directly affect timber harvests on private lands in California because
of the low likelihood that such harvests would be simultaneously
connected to a Federal permitting or funding action. Without a pending
Federal action, there is no basis for initiating a consultation process
under section 7 of the Act. In northern California, the Service has
seen very few section 7 actions resulting from Federal permitting or
funding activity on private
[[Page 71982]]
lands. The U.S. Army Corps of Engineers (Corps) through the U.S.
Environmental Protection Agency (EPA) are the Federal agencies
responsible for regulating section 404 of the Clean Water Act, which
deals with discharge of dredged or fill material into waters of the
United States. In the areas identified as critical habitat for the
northern spotted owl the Corps has not taken jurisdiction over
activities associated with stream alteration or fill and has deferred
to the State of California for regulating these activities. As a result
many proposed actions involving water quality issues and stream
disturbance are not referred to the Service for section 7 consultation.
The majority of the water quality permitting actions in California are
now administered by the California Department of Fish and Game (CDFG)
and by Regional Water Quality Control Boards. Water quality permit
reviews by the Corps are very uncommon. When Federal consultation does
occur, the affected areas are typically limited to streams or roadways
adjacent to streams and thus in areas not considered habitat for the
northern spotted owl. CALFIRE has indicated (in its correspondence of
July 6, 2012) that it has no plans to enact additional requirements for
protection of the northern spotted owl in response to a possible
critical habitat designation of private lands in the State.
We, therefore, conclude that the requirement that permitting and
funding agencies consult with us and ensure that their actions are not
likely to destroy or adversely modify critical habitat will not result
in significant benefits to the species because the possibility of a
Federal nexus for a project on these lands that might trigger such
consultation is limited (there is little likelihood of an action that
will involve Federal funding, authorization, or implementation). In
addition, since the lands in question are occupied by the northern
spotted owl, if a Federal nexus were to occur, section 7 consultation
would already be triggered and the Federal agency would consider the
effects of its actions on the species through a jeopardy analysis.
Because the possibility of a Federal nexus on these private lands is
limited, the additional regulatory benefits to the species and its
habitat through inclusion in critical habitat, if any, are anticipated
to be minimal. In addition, existing State regulations provide
protections for the northern spotted owl and its habitat, and these
protections are in continuous effect. The protections to the critical
habitat of the northern spotted owl, by contrast, come into effect only
in the event of a Federal action.
Another benefit of including lands in a critical habitat
designation is that it serves to educate landowners, State and local
governments, and the public regarding the potential conservation value
of an area. This helps focus and promote conservation efforts by other
parties by identifying areas of high conservation value for northern
spotted owls. Any information about the northern spotted owl and its
habitat that reaches a wider audience, including parties engaged in
conservation activities, is valuable. In the case of the northern
spotted owl, any potential educational benefits that might be
attributable to critical habitat designation are minimized by the
existing State regulatory framework for the northern spotted owl in
timber harvest planning. Private landowners who harvest timber in
proximity to northern spotted owl activity sites are required to
conduct surveys of owl activity and report those results in their
proposed timber harvest plans that are submitted to CALFIRE for
approval, so critical habitat designation will not result in any
additional data collection. While the State's existing take-avoidance
strategy for the northern spotted owl does not necessarily provide for
long term conservation of suitable habitat, it does serve an important
informational service with private landowners through the timber
harvest planning process. Thus, CALFIRE's existing regulatory framework
provides adequate and consistent education to the affected community
regarding the northern spotted owl and its conservation needs.
Similarly, the great majority of industrial and non-industrial
forest landowners, along with the in-house and consulting biologists
who conduct the owl survey work, already voluntarily submit their
survey results to the CDFG for entry into the California Natural
Diversity Database (CNDDB), which is the State's clearinghouse for
occupancy, activity, and spatial data on special status species. It is
highly unlikely that inclusion in the final critical habitat
designation could cause any increases in landowner and biologist
participation in the CNDDB reporting. Voluntary participation rates are
currently very high, and we have no evidence to suggest that inclusion
in critical habitat would increase those rates any further.
In this case the educational value of critical habitat is further
limited by the fact that the northern spotted owl is a high-profile
species, and most forestland owners in the range of the northern
spotted owl are knowledgeable about the species. The release of the
Revised Recovery Plan for the Northern Spotted Owl in 2011 was preceded
by outreach efforts and public comment opportunities, and provided
information about the northern spotted owl and its conservation needs
to a wide constituency. Furthermore, we conducted extensive outreach
efforts on the proposed revision of critical habitat, including
multiple public information meetings and opportunities for public
comment. Through these outreach opportunities, land owners, State
agencies, and local governments have become aware of the status of and
threats to the northern spotted owl, and the conservation actions
needed for recovery.
Another potential benefit of the designation of critical habitat is
that it may indirectly cause State or county jurisdictions to initiate
their own additional protective requirements in areas identified as
critical habitat. These measures may include additional permitting
requirements or a higher level of local review on proposed projects.
However, CALFIRE has indicated to use that it is unlikely to impose any
new requirements on project proponents if critical habitat is
designated in areas already subject to California Forest Practice
Rules. Therefore, we believe this potential benefit of critical will be
limited.
Finally, there may be some ancillary benefits if the designation
resulted in changed timber management practices on these private lands.
These benefits could include but are not limited to: public safety
benefits by increasing resiliency of timber stands, improved water
quality, aesthetic benefits, and carbon storage. However, as discussed
above, the possibility of a Federal nexus on these private lands is
limited, so changes in timber management as a result of critical
habitat, and any attendant ancillary benefits, are anticipated to be
minimal.
Benefits of Exclusion--The benefits of excluding from designated
critical habitat the approximately 123,348 ac (49,917 ha) of private
lands in California are relatively greater.
Excluding the approximately 123,348 ac (49,917 ha) of private lands
from critical habitat designation will sustain and enhance the
conservation partnership between the Service and CALFIRE. The Service
is currently working with CALFIRE to explore avenues for more
comprehensive conservation planning for the northern spotted owl in
northern California that goes beyond the existing take-avoidance
strategy. Development of a landscape
[[Page 71983]]
scale analysis and plan (e.g., general conservation plan) would provide
for greater protections to the northern spotted owl and could
incorporate critical habitat conservation elements within that planning
process. Current revisions and improvements to the CNDDB database would
aid in the development of this plan, with the ability to evaluate
status and trends across the region versus on a singular THP or Non-
industrial Timber Management Plan (NTMP) level. Critical habitat
designation would be viewed as another layer of regulatory process to
that already overseen by CALFIRE and could impede landowner support for
the development of this larger programmatic conservation plan and
undercut the efforts of CALFIRE to contribute to such a discussion. We
received several public comments objecting to this perceived redundancy
in regulation. Excluding those private lands from the designation would
avoid a chilling effect on the partnership between the Service and the
affected State regulatory agencies in California regarding
administration of their existing conservation programs to protect and
conserve northern spotted owls on private lands. We consider the
maintenance of our partnership between the Service and the affected
State regulatory agencies in California to be a significant benefit of
exclusion.
In addition, there are many other opportunities for private
landowners to enter into conservation agreements without Federal
involvement that will benefit northern spotted owls. Landowners can
obtain ``green'' forest certification through the Forest Stewardship
Council (FSC) or the Sustainable Forestry Initiative (SFI) that enables
access to certain wholesale lumber markets. They can register their
property with the California Climate Action Registry to gain access to
the emerging carbon credit market in California, or they can sell
conservation easement rights on their properties to a land trust. In
all cases, the landowner gains immediate economic benefits in exchange
for agreeing to a management program on their lands that meets the
objectives of the certification or registration entity, or the land
trust. All of these instruments, by design, involve the conservation
and expansion of standing forest inventory and forest cover on the
participating ownerships. Whether by design or not, that will lead to
the long-term improvement of existing northern spotted owl habitat
suitability and to the emergence of suitable habitat in areas where it
is currently unsuitable. These market-based agreements have the long
term potential for significantly more on-the-ground benefits for the
northern spotted owl on private lands than would the limited regulatory
and educational benefits that would result from critical habitat
designation.
The economic incentives for landowners to enter into these
agreements are independent of a critical habitat designation. We are
not certain how designation might affect perceptions and priorities
among the grantors in agreements (i.e., the certification and
registration entities and the land trusts). For example, land trusts
operate on limited funds and we do not know how critical habitat
designation might influence them in prioritizing properties for
easement acquisition; that is, whether it might lead them to look more
or less favorably on designated lands, or treat some geographic areas
preferentially over others. Thus, exclusion from designation could
avoid any uncertain, and possibly detrimental, effects on both buyers
(land trusts, certification entities) and sellers (landowners) in
market-based conservation programs (IEC 2012b, p. 5-21).
Excluding these lands may reduce the perception that some private
landowners have that they are being subjected to redundant and
unnecessary regulation. As noted above, all private land timber
harvesting in California must be conducted in accordance with a site-
specific THP that is submitted by the owner and is subject to
administrative approval by CALFIRE. The Director of CALFIRE is not
authorized to approve any proposed THP that would result in take of a
federally-listed species, including the northern spotted owl, unless
that taking is authorized under a Federal Incidental Take Permit. The
additional overlay of Federal critical habitat on these private lands
may result in lack of support for the development of a programmatic
conservation agreement with CALFIRE and their valuable contribution of
information to the CNDDB due to their perception of duplicative and
burdensome regulation specific to the northern spotted owl.
Benefits of Exclusion Outweigh the Benefits of Inclusion--We have
reviewed and evaluated the exclusion of approximately 123,348 ac
(49,917 ha) of privately-owned lands in the State of California from
the critical habitat designation. The benefits of including these lands
in the designation are comparatively small. We find there is little
likelihood of a Federal nexus on these private lands that would trigger
the regulatory protections of critical habitat under section 7 of the
Act. We therefore anticipate little, if any, additional protections
through a supplemental analysis of potential adverse modification due
to the designation of critical habitat on these lands.
The potential educational benefits of inclusion are also limited.
Under existing State regulations, private landowners who harvest timber
in proximity to northern spotted owl activity sites are required to
conduct surveys of owl activity consistent with the Service-recommended
protocol and report those results in their proposed timber harvest
plans that are submitted to CALFIRE for approval, so landowners are
already aware of the presence of the northern spotted owl and its
habitat needs, and critical habitat designation will not result in any
additional data collection. The State of California's existing take-
avoidance strategy for the northern spotted owl provides an important
informational service with private landowners through the timber
harvest planning process. Therefore, in this instance, any potential
educational benefits of inclusion are minimal.
In contrast, the benefits derived from excluding private lands and
enhancing our partnership with California State regulatory agencies are
relatively greater. The minimal benefits of inclusion are outweighed by
the benefits of fostering conservation partnerships with CALFIRE that
would relieve private landowners of what they might perceive as
duplicative regulations. Exclusion could also encourage the partnership
and collaboration in development of the landscape conservation planning
between the Service and CALFIRE by focusing efforts towards that
planning effort versus applying a regulatory process that would have
limited private land involvement.
We also considered the avoidance of potential issues associated
with regulatory uncertainty due to critical habitat designation to be a
significant benefit of exclusion. For example, there may be a
significant benefit of exclusion from designation that would accrue due
to the avoidance of any uncertain, and possibly detrimental, effects on
both buyers (land trusts, certification entities) and sellers
(landowners) in market-based conservation programs that stand to
provide significant conservation benefits to the northern spotted owl.
We have determined that maintaining our partnership with California
State regulatory agencies provides a greater benefit than would the
regulatory and educational benefits of critical habitat designation.
Therefore, in consideration
[[Page 71984]]
of the factors discussed above, we have determined that the benefits of
exclusion of private lands in California outweigh the benefits of
designating these areas as critical habitat.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of 123,348 ac (49,917 ha) of private lands in
northern California that are not currently under a Federal agreement
from critical habitat for the northern spotted owl will not result in
the extinction of the species. Habitat protection provisions in the
current California forest practice regulation on private forestlands
provide some level of protection for the species and its habitats. We
reiterate here that under the California State Code (14 CCR 919.9 and
919.10), the Director of CALFIRE is not authorized to approve any
proposed THP that would result in take of a federally-listed species
unless that taking is authorized under a Federal Incidental Take
Permit. For projects having a Federal nexus and affecting northern
spotted owls in occupied areas, as is the case here, the jeopardy
standard of section 7 of the Act, coupled with current land management
measures that are not under Federal purview, would provide assurances
that this species will not go extinct as a result of excluding these
lands from the critical habitat designation. Further, the exclusion of
these lands from the final critical habitat designation does not
preclude advances in our scientific knowledge of the species and using
that knowledge to effectively advocate future improvements in State
forest practice policies and procedures. Based on the preceding
analysis, the Secretary is exercising his discretion under section
4(b)(2) of the Act to exclude private lands totaling 123,348 ac (49,917
ha) from the final critical habitat designation.
State of Washington
In Washington we proposed 133,895 ac (54,186 ha) of private lands
within Spotted Owl Special Emphasis Areas (SOSEAs) as critical habitat;
all of these lands were identified as under consideration for
exclusion. However, as described in Changes from the Proposed Rule,
many of the small, private parcels were removed from the final
designation upon a determination that they did not meet the definition
of critical habitat, leaving. The remaining areas of private lands in
Washington contained in this designation covered by HCPs or SHAs and
are private industrial forest lands; these private lands are not
currently covered by HCPs or SHAs but are covered under the WDNR Forest
Practices Rules (FPR) and largely located in SOSEAs. We have excluded
areas covered by HCPs and SHAs because, for the reasons discussed
above, the benefits of excluding them outweigh the benefits of
including them in critical habitat. We sought to make our designation
of private lands in Washington as consistent as possible with
Washington State regulations governing forest practices on private
lands. Most of the remaining private lands are located only within
SOSEAs, areas designated by the State to provide for demographic and/or
dispersal support as necessary to complement the northern spotted owl
protection strategies on Federal land within or adjacent to the SOSEAs.
We find that for these lands, too, the benefits of excluding them in
critical habitat outweigh the benefits of including them.
In Washington, any private timber harvest must obtain a permit
from, and comply with, the Washington Forest Practices Act (RCW 76.09)
as well as the Washington Forest Practices Rules (WAC 222). In the
absence of a federally-approved HCP covering northern spotted owls or a
State-approved special wildlife management plan, suitable northern
spotted owl habitat in State-designated SOSEAs on non-federal lands is
protected by the special Washington Forest Practices Rules in State-
designated SOSEAs. Within SOSEAs, the Forest Practices rules provide
protection for suitable northern spotted owl habitat. The Washington
Forest Practices Rules maintain the viability of each northern spotted
owl site center by protecting: (a) All suitable spotted owl habitat
within 0.7 mile of each spotted owl site center; and (b) a total of
2,605 acres of suitable spotted owl habitat within the median home
range circle with a radius of 1.8 miles. Under the rules, proposed
forest practices likely to adversely affect spotted owl habitat in
either category (a) or (b) above are likely to have significant adverse
impacts to the northern spotted owl, and such activities would require
a Class IV special forest practices permit and an environmental impact
statement per the State Environmental Policy Act. The overarching
policy goal of the Washington Forest Practices Rules is to complement
the conservation strategy on Federal lands, and as such the SOSEAs are
adjacent to Federal lands. SOSEAs are designed to provide a larger
landscape for demographic and dispersal support for northern spotted
owls. The long-term goal is to support a viable population of northern
spotted owls in Washington.
In Washington, the Forest Practices Board (the State regulatory
rule-making body) has a long-standing relationship with the Service and
collaborates extensively on northern spotted owl conservation. The
Service provided extensive technical assistance in the development of
the Board's existing northern spotted owl rules. The Board was
recognized in Recovery Action 18 in the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011, p. III-57) for its ongoing owl
conservation efforts and encouraged to continue to use its existing
processes ``to identify areas on non-federal lands in Washington that
can make strategic contributions to spotted owl conservation over time.
The Service encourages timely completion of the Board's efforts and
will be available to assist as necessary.'' The Board convened the
Northern Spotted Owl Implementation Team (NSOIT). The NSOIT has been
tasked to develop incentives for landowners to conserve northern
spotted owl habitat, identify the temporal and spatial allocation of
conservation efforts on non-federal lands, and make recommendations to
the Board, should any rules need to be updated. The NSOIT is also
conducting a pilot project testing different thinning prescriptions in
northern spotted owl habitat. These efforts have evolved over years of
collaboration and are designed to change the dynamic away from fear and
resistance to partnership and participation. On November 13, 2012, the
Board took another step for northern spotted owl conservation and
expanded the scope of the NSOIT to investigate and recommend, in
coordination with the Service, voluntary programmatic tools for private
landowners to support northern spotted owl conservation and provide
regulatory certainty for landowners (WDNR in litt.). This step further
demonstrates Washington's willingness to use its authority and
processes to support northern spotted owl conservation. The Service has
and continues to provide funding to support the work of the NSOIT.
Benefits of Inclusion--The areas of private land retained in our
final designation at issue here support both essential demographic and
dispersal needs of spotted owls, and highlight the important
conservation roles of private lands in Washington. Designation of these
private lands may raise public awareness of conservation actions needed
for spotted owl recovery, although the educational benefit of the
designation is somewhat limited currently since these areas have
already been identified as SOSEAs, since 1997.
We find there are minimal benefits to including these lands in
critical habitat. The designation of critical habitat
[[Page 71985]]
invokes the provisions of section 7. Our Final Economic Analysis (IEC
2012b, p. ES-17) concludes that critical habitat designation for the
northern spotted owl is unlikely to directly affect timber harvests on
private lands in Washington because of the low likelihood that such
harvests would be simultaneously connected to a Federal permitting or
funding action. Without a pending Federal action, there is no basis for
initiating a consultation process under section 7 of the Act. As
discussed previously, the designation of critical habitat invokes the
provisions of section 7. However, in this case, we find the requirement
that Federal agencies consult with us and ensure that their actions are
not likely to destroy or adversely modify critical habitat will not
result in significant benefits to the species. The possibility of a
Federal nexus for a project on these lands is small unless it was a
larger project covering adjacent Federal lands as well, in which case
section 7 consultation would already be triggered and the Federal
agency would consider the effects of its actions on the species. In
addition, most of the habitat on these private lands would be assumed
to be occupied, further minimizing to some extent the margin of
conservation that could be attained through section 7. Any incremental
benefits would be further minimized because of the protections already
in place In addition, it would be small in comparison to the benefits
already derived under the WDNR FPR.
There is minimal incremental benefit from designating critical
habitat for the northern spotted owl within private lands covered by
the WDNR Forest Practices Rules (FPR) because these lands are already
managed for the conservation of the species through the WDNR FPR. The
conservation measures provided by that process will provide greater
protection to northern spotted owl habitat than the designation of
critical habitat, which provides regulatory protections only in the
event of a Federal action. In addition, the final rule designation
would provide for protection of fewer acres than the existing FPR. The
WDNR FPR provides for the needs of the northern spotted owl by
protecting and preserving landscape levels of suitable northern spotted
owl nesting, roosting, and foraging habitat as well as foraging and
dispersal habitat in strategic landscapes, and implementing species-
specific conservation measures designed to avoid and minimize effects
to northern spotted owls. The WDNR FPR also contains provisions that
address ownership changes and provides for the ability to make ongoing
adjustments in a number of forms, including active adaptive forest
management. The ability to change is crucial to meet new recovery
challenges. The Service continues to be work with WDNR to provide
technical assistance in the implementation of these rules. The WDNR FPR
contains provisions that address ownership changes and the outcomes
expected by the Service. Therefore, designation of critical habitat
would be redundant on these lands, and would not provide additional
measureable protections.
Including lands in a critical habitat designation does serve to
educate landowners, State and local governments, and the public
regarding the potential conservation value of an area. This helps focus
and promote conservation efforts by other parties by identifying areas
of high conservation value for northern spotted owls. Designation of
critical habitat would inform State agencies and local governments
about areas that could be conserved under State laws or local
ordinances, such as the Washington State Growth Management Act, which
encourage the protection of ``critical areas'' including fish and
wildlife habitat conservation areas. Any information about the northern
spotted owl and its habitat that reaches a wider audience, including
parties engaged in conservation activities, is valuable. However, WDNR,
as the State's natural resource agency, is knowledgeable about the
species and has made substantial contributions to our knowledge of the
species. The additional educational and informational benefits that
might arise from critical habitat designation here have been largely
accomplished through the public review and comment during reviews of
the FPR and associated with the modification of the FPR, and through
implementation of the FPR by landowners. The existing public process
for FPR development provides for extensive opportunities for engagement
in the development and refinement of the rules. The FPR includes
intensive public involvement and is frequently a topic of open and
public discussion during meetings of the Washington State Forest
Practices Board, whose meetings are open to the public and frequently
televised. This level of exposure in local newspapers and television
stations exceeds the level of education that would come from a
designation that would be read by few people in the public. Moreover,
the rulemaking process associated with critical habitat designation
includes several opportunities for public comment, and thus also
provides for public education.
Finally, there may be some ancillary benefits if the designation
resulted in changed timber management practices on these private lands.
These benefits could include but are not limited to: public safety
benefits by increasing resiliency of timber stands, improved water
quality, aesthetic benefits, and carbon storage. However, as discussed
above, the possibility of a Federal nexus on these private lands is
limited, so changes in timber management as a result of critical
habitat, and any attendant ancillary benefits, are anticipated to be
minimal.
Benefits of Exclusion--With regard to the benefits of exclusion
from designation, although the final economic analysis (FEA) noted that
one possible outcome of the critical habitat designation would be that
the State could revise its regulations, and in a worst case scenario
such revision could result in some private acres no longer being
harvestable, we note that the likelihood of such revision actually
occurring is characterized as speculative (IEC 2012b, p. 5-20). The FEA
notes two possible outcomes of critical habitat designation, one being
no change in Forest Practices Rules, the other is that State would
revise their regulations and designate all suitable habitat overlapping
with Federal critical habitat as ``critical habitat state.'' However,
Washington DNR representatives only offered examples of potential
responses to Federal designation of critical habitat in Washington, and
did not comment upon the likelihood that any of these scenarios would
occur (IEC 2012b, p. 5-11). The FEA also makes note of the potential
indirect effects of critical habitat on private lands, in terms of
private landowners possibly reacting by changing their timber harvest
practices in response to perceived regulatory uncertainty as a result
of critical habitat (IEC 2012b, p. 5-19).
In particular, a benefit of excluding lands covered under the WDNR
FPR from critical habitat designation is that it would encourage the
State and other parties to continue to work for owl conservation. If
lands within the WDNR FPR area are designated as critical habitat, it
would also likely have a negative effect on our ability to continue to
partner with the WDNR on this conservation. In particular, the WDNR
comment letter (WDNR 2012) states that if inclusion of private land is
warranted, then WDNR requests that the Service ``create and bolster
incentive based conservation opportunities for private landowners''.
This recognizes the potential negative effects to their
[[Page 71986]]
existing collaborative approach. By excluding these lands, we preserve
our current private and local conservation partnerships and encourage
additional conservation actions in the future because other parties see
our exclusion as a sign that the Service will not impose duplicative
regulatory burdens on landowners who are already have a regulatory
responsibility under the WDNR FPR. As described in Changes from the
Proposed Rule, many of the small, private parcels were removed from the
final designation upon a determination that they did not meet the
definition of critical habitat. The remaining areas of private lands
(40,732 ac; 16,483 ha) in Washington contained in this designation are
private industrial forest lands; these private lands are not currently
covered by HCPs or SHAs but are covered under the WDNR Forest Practices
Rules (FPR). Of these, 37,000 ac (14,974 ha) occur within the spotted
owl circles currently regulated by the existing FPR. It is unlikely
that the benefit of overlaying an additional regulatory burden within
the SOSEAs to protect an additional 4,000 ac (1,619 ha) would be a
significant benefit within the range of the owl. Excluding these
private lands from the designation would avoid a chilling effect on the
partnership between the Service and the affected State regulatory
agencies regarding administration of their existing conservation
programs to protect and conserve northern spotted owls on private
lands. We consider the maintenance of our partnership between the
Service and the affected State regulatory agencies to be a significant
benefit of exclusion.
Benefits of Exclusion Outweigh the Benefits of Inclusion--The
benefits of including these lands in the designation are small. The
WDNR FPR contains provisions for protecting and maintaining northern
spotted owl habitat that provides for comprehensive measures applied
across a large landscape that will benefit spotted owls. WDNR personnel
are extremely knowledgeable regarding the ecology of the northern
spotted owl and have contributed to the body of scientific information
about the northern spotted owl. The landowners subject to these State
regulations are also informed by them. In this instance, the regulatory
and educational benefits of inclusion have much less benefit than the
continued benefit of the WDNR FPR including the educational benefits
derived from the FPR.
The WDNR FPR provides for significant conservation and management
within geographical areas that contain the physical or biological
features essential to the conservation of the northern spotted owl and
help achieve recovery of this species. Exclusion of private lands
already covered under the WDNR FPR will help foster the partnership we
have developed with WDNR. Furthermore, this partnership may aid in
fostering future cooperative relationships with other parties in other
locations for the benefit of listed species.
In summary, we determine that the benefits of excluding private
lands already covered under the WDNR FPR from the designation of
critical habitat for the northern spotted owl outweigh the benefits of
including this area in critical habitat. We find that including these
lands would result in minimal, if any, additional benefits to the
northern spotted owl, as explained above. The WDNR FPR includes
species-specific avoidance and minimization measures, rule enforcement
procedures, and forest-management practices and habitat conservation
objectives that benefit the northern spotted owl and its habitat, which
exceeds substantially minimizes the incremental any conservation value
provided as a result of a critical habitat designation. Given the
active and ongoing efforts of the State of Washington to address
northern spotted owl conservation, we have determined that maintaining
our partnership with WDNR, in conjunction with the conservation
measures under the WDNR FPR, provides a greater benefit to the northern
spotted owl than would the regulatory and educational benefits of
critical habitat designation. We also have determined that the
potential incremental educational and ancillary benefits of critical
habitat designation on lands containing the physical or biological
features essential to the conservation of the northern spotted owl
would be minimal, because WDNR has already made significant
contributions to our understanding of the ecology of the northern
spotted owl, and continues to do so through implementation of Recovery
Action 18 and through participation in range wide demographic studies.
Exclusion Will Not Result in Extinction of the Species--We have
determined that exclusion of approximately 40,732 ac (16,483 ha) of
private lands covered under the WDNR FPR will not result in extinction
of the northern spotted owl. The WDNR FPR protects and preserves
landscape levels of suitable northern spotted owl nesting, roosting,
and foraging habitat as well as foraging and dispersal habitat in
strategic landscapes, and implements species-specific conservation
measures designed to avoid and minimize effects to northern spotted
owls. The Board has adopted a Wildlife Work Plan that requires rule
review and revision should new information warrant that. We find that
exclusion of private lands currently covered under the WDNR FPR will
not result in extinction of the northern spotted owl. Therefore, the
Secretary is exercising his discretion under section 4(b)(2) of the Act
to exclude these private lands from this final critical habitat
designation that are currently covered under the WDNR FPR totaling
about 40,732 ac (16,483 ha).
Congressionally Reserved Natural Areas and State Park Lands
Our decision to exclude congressionally reserved natural areas and
State park lands from this rule is based on the unique circumstances
associated with this critical habitat designation. Before making a
final decision of whether to exclude congressionally and State reserved
natural areas, we weighed the relative benefits and costs a designation
of these lands would confer and compared them to the costs and benefits
of no designation. Our final decision is that these areas are essential
to the conservation of the northern spotted owl, but a designation of
these areas in this particular case would confer no current or
potential regulatory benefit and a very minor education benefit. The
primary habitat threat to the northern spotted owl is from commercial
timber harvest. Since commercial timber harvest is not allowed on these
lands, there would be little benefit to additional section 7
consultation on effects to critical habitat. We also agree with the
National Park Service that a designation would impose some, albeit
relatively small, additional administrative costs to land managers who
would need to consult with the Service if their actions or programs
might affect northern spotted owl critical habitat. Likewise, we find
that State Park lands could experience some additional minor
administrative costs as a consequence of this designation, especially
those State Parks jointly managed with Redwood National Park and those
that may use Federal funding for research and monitoring or program and
capital improvements. However, we find that even these minimal costs
would outweigh the minor informational benefits of including these
areas in the critical habitat designation.
Benefits of Inclusion--The proposed critical habitat rule published
on March 8, 2012 (77 FR 14062), as part of ``Possible Outcome 3'' in
Table 1 (p. 14068), proposed to exclude 2,631,736
[[Page 71987]]
ac (1,065,026 has) of congressionally reserved lands and 164,776 ac
(66,682 ha) of State Park lands from final critical habitat. These
Federal reserved lands include all National Parks and Monuments,
Wilderness Areas, Wild and Scenic Rivers, National Scenic Areas, and
other congressionally designated areas identified in the proposed rule.
State Parks lands included Iron Horse State Park in Washington, and all
or portions of 30 State Parks in California, including Jedediah Smith,
Del Norte Coast, Prairie Creek, Grizzly Creek, Humboldt Redwoods,
DeWitt Redwoods, Richardson Grove, Reynolds Wayside, Smithe Redwoods,
Standish-Hickey, Wm. Standley, Russian Gulch, Mendocino Headlands,
Mendocino Woodlands, Van Damme, Montgomery Woods, Navarro Redwoods,
Hendy Woods, Mailliard, Salt Point, Austin Creek, Armstrong State
Reserve, Tomales Bay, Samuel P. Taylor, Mount Tamalpais, Robert Louis
Stevenson, Bothe--Napa Valley, Sugarloaf Ridge, Jack London, and
Annadel State Park.
A primary purpose of these congressional and State reserved natural
areas is to conserve natural ecosystems, including those of the
northern spotted owl and its habitat, and educate the public regarding
the conservation of these areas. Unlike other Federal and State lands
that have multiple use mandates that include commercial harvest of
timber in the range of the spotted owl, such as National Forests, State
Forests, and forests managed by the BLM, these reserved natural areas
are unlikely to have uses that are incompatible with the purposes of
critical habitat because the primary threat to spotted owl critical
habitat--commercial timber harvest--is prohibited on these lands. These
natural areas are managed under explicit Federal and State laws and
policies consistent with the conservation of the northern spotted owl,
and there is generally little or no timber management beyond the
removal of hazard trees or fuels management to protect structures,
roads, human safety, and important natural attributes. For example, the
Wilderness Act provides conservation for the northern spotted owl
because it prohibits commercial activities unrelated to wilderness
recreation. Thus, not only is commercial timber harvest directly barred
on these Federal lands, but the Wilderness Act also precludes the
construction of roads and most uses of mechanical equipment. 16 U.S.C.
1133. The fundamental purpose of the National Park System, established
by the Organic Act and reaffirmed by the General Authorities Act, as
amended, begins with a mandate to conserve park resources and values.
This mandate is independent of the separate prohibition on impairment
and applies with respect to all park resources and values, even when
there is no risk that any park resources or values may be impaired. See
16 U.S.C. sections 1-4.
Similarly, all of the State Parks lands proposed for exclusion
occur in California except for 104 ac (42 ha) in Washington. California
State Parks are managed by the California Department of Parks and
Recreation. This Agency's mission is to ``administer, protect, provide
for recreational opportunity, and develop the State Park System * * *''
We are unaware of any commercial timber harvests in California or
Washington State Parks.
Therefore, any habitat-disturbing activities that might occur as
the land managers carry out their conservation programs (e.g., trail
maintenance, education and outreach, operations and maintenance, etc.)
are likely to be relatively minor and are unlikely to be regulated by a
critical habitat designation. On the Federal reserved lands, the
section 7 prohibition on the destruction or adverse modification of
critical habitat would be redundant and unlikely to add any protection
to these important habitat areas. Likewise, many of these State Parks
have close working relationships with Federal agencies and may
experience, through those Federal partners, a section 7 nexus or other
administrative costs if the States utilize Federal funds or require a
Federal permit for their activities. For example, several State Parks
in California (i.e., Del Norte Redwoods, Prairie Creek Redwoods, and
Jedediah Smith Redwoods) are jointly managed with Redwood National Park
through an agreement signed in 1994. In the San Francisco Bay Area, the
National Park Service manages an inventory and monitoring program that
includes actions by State Parks and other Federal partners such as the
U.S. Geological Survey. Further, land managers monitor spotted owl
territories within these reserved areas as part of long term population
monitoring efforts, and barred owl populations are also monitored as
part of spotted owl recovery efforts. For example, spotted owl
territories in Crater Lake National Park have been monitored since
1992, and there are multiple spotted owl monitoring and conservation
efforts occurring in many these parks throughout the species' range. A
critical habitat designation on these State Parks may introduce some
additional administrative costs but confer no increase in regulatory
protection. Therefore, we believe there would be no regulatory benefits
to inclusion of these lands in critical habitat.
We also believe that a critical habitat designation for these
specific natural areas would confer minimal additional educational
benefit toward spotted owl conservation. These areas are generally well
known for their value to the conservation of listed species due to the
education and communication programs of the natural area management
agencies during the time since the listing of the spotted owl.
Educational materials are distributed and other communication programs
occur regarding the conservation of late successional forests and the
species that inhabit them such as the spotted owl (see, e.g., Olympic
National Park Web site featuring spotted owl information at https://www.nps.gov/olym/naturescience/animals.htm, or https://www.nps.gov/muwo/naturescience/life-of-spotted-owls.htm for NPS lands in central
California). We also note that the management agencies overseeing these
congressionally and State reserved natural areas have a positive
history of over 20 years of conserving northern spotted owls and
supporting research and conservation of the owl on their protected
lands. While in other cases we have found benefits where critical
habitat would highlight the importance of the habitat to owl
conservation for future planning and management purposes, in the case
of these lands, management is already consistent with habitat
protection. Therefore, it is unlikely that designation of critical
habitat of these areas would provide any significant informational
benefits to the land managers or the public.
Benefits of Exclusion--We attempted to quantify the potential
increase in administrative costs for the Service associated with a
proposed designation of critical habitat in congressionally reserved
land allocations. There is generally little or no timber management
beyond removal of hazard trees or fuels reduction to protect structures
and road maintenance, in addition to fire-management activities.
Management guidelines for congressionally reserved lands are generally
protective, so we do not anticipate requesting any changes of proposed
management as a result of a critical habitat designation, and we would
not anticipate reaching an adverse modification determination. In
reserve areas where we do consult, the designation of critical habitat
would likely add an adverse-modification analysis to an existing
consultation.
[[Page 71988]]
Total incremental effects would likely be about 4-6 hours of staff time
per action for both the action agency and the Service, although this
estimate could vary widely depending on the size and scope of the
action.
The final economic analysis (FEA) (IEC 2012b) quantified this
potential for an increase in administrative costs, and they described
the potential indirect impacts due to time delays for project
processing and regulatory uncertainty. The analysis states, ``While
critical habitat is not expected to generate changes to forest
management practices or to testing or training missions on NPS or DOD
lands, these areas may be subject to new or increasingly complex
section 7 consultations as a result of critical habitat designation.
Activities that may involve section 7 consultations include the
construction or maintenance of visitor facilities on NPS lands and
access roads to projects or military training including the use of
vehicles, explosives, and soldiers. DOD and NPS will likely experience
an additional administrative burden to provide biological assessments
for projects in consultations with the Service as a result of critical
habitat designation'' (IEC 2012b, p. 4-4). The FEA forecast an
additional 16 informal consultations with NPS on planned or ongoing
recreation and habitat management projects (IEC 2012b, p. 4-27).
(Although the text refers to the NPS lands, the same rationale
generally applies to other federally reserved lands in the proposed
exclusion.) The FEA did not quantify the potential for direct
incremental economic impacts on State Park lands, but it does identify
the potential for indirect impacts due to time delays and regulatory
uncertainty. Again, it is expected that these impacts would be
relatively minor, but they nevertheless are not offset by a
proportional increase in conservation benefits that would accrue as a
consequence of this critical habitat designation on these lands.
Benefits of Exclusion Outweigh the Benefits of Inclusion--In sum,
we find there are no regulatory benefits and such minimal educational
benefits to including these lands in the designation that they are
outweighed by the minor increase in administrative costs. We reach this
conclusion for several reasons: (1) A critical habitat designation of
these reserved areas in the range of the spotted owl would provide no
additional regulatory benefits beyond what is already on these lands
due to their permanent status as fully protected lands and,
importantly, the fact that commercial timber harvest is not permitted
on these lands under Federal and State law and policy; (2) the
designation of these reserve areas would confer little additional
educational benefits associated with the conservation of the spotted
owl, as these educational messages are already being communicated in
many of these areas under existing programs; and (3) as identified by
the economic analysis and the NPS, there is the potential for a small
but measureable increase in administrative costs, time delays, and
regulatory uncertainty for the Service and Federal and State land
managers if these lands were designated, without any offsetting
positive conservation benefits to justify the increased administrative
costs.
After weighing these relative costs and benefits, the Secretary has
chosen to exercise his discretion under Section 4(b)(2) of the Act to
exclude these lands from final critical habitat. As part of this review
we have determined the Federal agencies are managing these reserved
natural areas under statutes that already impose a clear conservation
mandate consistent with the specific needs of the northern spotted owl,
and a critical habitat designation would confer no additional
conservation benefits to the spotted owl that offset the potential
increase in administrative costs. In making this decision, we also note
the historic role of congressionally and State reserved natural areas
as part of northern spotted owl critical habitat. In 1992, the Service
concluded that certain congressionally reserved parks and wilderness
areas were essential to spotted owl conservation, but we declined to
include these lands in the final designation of critical habitat
because their current classification and management was deemed adequate
to meet spotted owl conservation goals (January 15, 1992; 57 FR 1796,
p. 1806). Likewise, in 2008, the Service revised northern spotted owl
critical habitat and again concluded that congressionally reserved
natural areas would not be included in final critical habitat for the
same reasons as those identified in the 1992 decision (August 13, 2008;
73 FR 47325, p. 47334). Although not a factor in this section 4(b)(2)
weighing, this determination will maintain the consistent management
approach for spotted owls that has occurred on these lands over the
last 20 years and should minimize the potential for confusion among
land managers and the public.
This analysis is based in large part on the particular conservation
requirements of the northern spotted owl and is specific to this
designation. Thus, our determination that the benefits of exclusion
outweigh the benefits of inclusion in this case does not necessarily
have a bearing on future critical habitat designations.
Exclusion Will Not Result in Extinction of the Species--We conclude
that this exclusion of congressionally and State reserved natural areas
would not result in the extinction of the species. As described above,
all of these areas are managed under State and Federal law to provide
for the conservation of species and their natural habitat, including
the northern spotted owl. A critical habitat designation would not
enhance or incrementally improve this dedicated management or increase
the protections of these lands, nor would its absence somehow fail to
provide protections that otherwise would not be present. Therefore,
this exclusion of lands from final critical habitat would not result in
any appreciable risk of extinction to the species because these lands
will continue to be managed to provide for the conservation of the
spotted owl.
Cumulative Analysis--Exclusion Will Not Result in Extinction of the
Species
We have determined that exclusion of approximately 4,056,759 ac
(1,641,777 ha) of lands from this final designation of critical habitat
will not result in extinction of the northern spotted owl. We have
excluded these areas based, in part, on the significant conservation
benefits afforded to the northern spotted owl and its habitat on these
lands through the positive conservation measures provided through SHAs,
HCPs, or other agreements with private landowner partners with a proven
track record of conservation actions. Each of these agreements, as
discussed here, provides significant conservation benefits to the
species in terms of maintaining, enhancing, or recruiting additional
suitable habitat for the northern spotted owl, and implementing
species-specific conservation measures designed to avoid and minimize
impacts to northern spotted owls. Further, for projects having a
Federal nexus and affecting northern spotted owls in the excluded
areas, all of which are occupied by the species, the jeopardy standard
of section 7 of the Act provides a level of assurance that this species
will not go extinct as a result of excluding these lands from the
critical habitat designation. The species is also protected by section
9 of the Act, which prohibits the take of listed species.
Congressionally and State reserved natural areas excluded are managed
under State and Federal law and policy to provide for the conservation
of species and their natural habitat, including the northern spotted
owl. These lands will continue to be
[[Page 71989]]
managed under a clear conservation mandate, and exclusion of these
lands from critical habitat will not deprive the species or its habitat
of any protections that are not already present. Although we did not
assume that all private lands without specific conservation agreements
would continue to fully provide for the conservation of the owl, we
determined that the exclusion of these lands would not lead to the
extinction of the species, due to existing State protections and the
fact that the areas excluded constitute such a small percentage of the
overall designation. For these reasons, we conclude that the exclusion
of these areas under section 4(b)(2) of the Act will not cumulatively
result in the extinction of the species.
Consideration of Indian Lands
In accordance with the Secretarial Order 3206, ``American Indian
Tribal Rights, Federal-Tribal Trust Responsibilities, and the
Endangered Species Act'' (June 5, 1997); the President's memorandum of
April 29, 1994, ``Government-to-Government Relations with Native
American Tribal Governments'' (59 FR 22951); Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments''
(November 6, 2000, and as reaffirmed November 5, 2009); and the
relevant provision of the Departmental Manual of the Department of the
Interior (512 DM 2), we believe that fish, wildlife, and other natural
resources on Indian lands may be better managed under Indian
authorities, policies, and programs than through Federal regulation
where Indian management addresses the conservation needs of listed
species. In addition, such designation may be viewed as unwarranted and
an unwanted intrusion into Indian self-governance, thus compromising
the government-to-government relationship essential to achieving our
mutual goals of managing for healthy ecosystems upon which the
viability of threatened and endangered species populations depend.
In developing the proposed revised critical habitat designation for
the northern spotted owl, we considered inclusion of some Indian lands.
As described in the above section Criteria Used to Identify Critical
Habitat, and detailed in our supporting documentation (Dunk et al.
2012b, entire), we evaluated numerous potential habitat scenarios to
determine those areas that are essential to the conservation of the
northern spotted owl. In all cases, we assessed the effectiveness of
the habitat scenario under consideration in terms of its ability to
meet the recovery goals for the species. Furthermore, the habitat
scenarios under consideration included a comparison of different
prioritization schemes for landownership; we prioritized areas under
consideration for critical habitat such that we looked first to Federal
lands, followed by State, private, and Indian lands. Indian lands are
those defined in Secretarial Order 3206 ``American Indian Tribal
Rights, Federal-Tribal Trust Responsibilities, and the Endangered
Species Act'' (June 5, 1997), as: (1) lands held in trust by the United
States for the benefit of any Indian tribe or individual; and (2) lands
held by any Indian Tribe or individual subject to restrictions by the
United States against alienation. In evaluating Indian lands under
consideration as potential critical habitat for the northern spotted
owl, we further considered the directive of Secretarial Order 3206 that
stipulates ``Critical habitat shall not be designated in such areas
unless it is determined essential to conserve a listed species. In
designating critical habitat, the Services shall evaluate and document
the extent to which the conservation needs of the listed species can be
achieved by limiting the designation to other lands.''
Although some Indian lands identified in our habitat modeling
demonstrated the potential to contribute to the conservation of the
northern spotted owl, our analysis did not suggest that these areas
were essential to conserve the northern spotted owl. This determination
was based on our relative evaluation of the various habitat scenarios
under consideration; if the population performance results from our
habitat modeling indicated that we could meet the recovery goals for
the species without relying on Indian lands, we did not consider the
physical or biological features on those lands, or the lands
themselves, to be essential to the conservation of the species,
therefore they did not meet our criteria for inclusion in critical
habitat. Our evaluation of the areas under consideration for
designation as critical habitat indicated that we could achieve the
conservation of the northern spotted owl by limiting the designation of
revised critical habitat to other lands. Therefore, no Indian lands are
included in the revised designation of critical habitat.
XII. Summary of Comments and Responses
We requested written comments from the public on the proposed
revised designation of critical habitat for the northern spotted owl
during an initial 90-day public comment period, which opened with the
publication of the proposed revised rule on March 8, 2012 (77 FR
14062), and closed on June 6, 2012. On June 1, 2012, we published the
notice of availability of the draft economic analysis and draft
environmental assessment associated with the proposed revised
designation of critical habitat (77 FR 32483), and extended the comment
period for the proposed rule an additional 30 days, through July 6,
2012, thereby providing a total comment period of 120 days. In
addition, we held two public information meetings in Redding,
California on June 4, 2012; two in Tacoma, Washington, on June 12,
2012; one in Portland, Oregon on June 20, 2012; and two in Roseburg,
Oregon, on June 27, 2012. We also held a public hearing in Portland,
Oregon, on June 20, 2012. In addition, we contacted appropriate
Federal, State, County, and local agencies; scientific organizations;
and other interested parties and invited them to comment on the
proposed rule, draft economic analysis, and draft environmental
assessment during these comment periods. In addition, in response to
requests from several Counties, and to ensure that all affected
Counties and State fish and wildlife agencies in Washington, Oregon,
and California were able to thoroughly review and comment as provided
by section 4(b)(5)(A)(ii) of the Act, the Service provided an
additional opportunity for those entities to comment until August 20,
2012.
During the comment period(s), we received over 33,000 comments
(many of which were form letters), directly addressing the proposed
revised critical habitat designation. During the June 20, 2012, public
hearing, eight individuals or organizations provided comments on the
proposed revised designation. All substantive information provided by
commenters has either been incorporated directly into this final
designation or addressed below. Comments received were grouped into
general categories specifically relating to the proposed revised
critical habitat designation, and are addressed in the following
summary, and incorporated into the final rule as appropriate. We
received a number of highly technical comments regarding the modeling
process used to develop critical habitat. These technical questions are
addressed in the final Modeling Supplement (Dunk et al. 2012b) rather
than in the following section. We also received several comments
regarding perceived effects attributed to the original listing of the
northern spotted owl (June 26, 1990; 55 FR 26114), but are not
addressing those comments because
[[Page 71990]]
they do not apply to this rulemaking, which is limited to the revised
designation of critical habitat for the northern spotted owl.
Comments From Peer Reviewers
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinions from 40 knowledgeable
individuals with scientific expertise that included familiarity with
the species, the geographic region in which the species occurs, and
conservation biology principles. We received responses from 15 of the
peer reviewers.
We reviewed all comments received from the peer reviewers for
substantive issues and new information regarding critical habitat for
the northern spotted owl. The peer reviewers generally supported the
modeling process used to inform the identification of critical habitat
and the resulting size and distribution of the proposed revised
designation. Reviewers were divided on the risks posed by climate
change and forest health, and whether active management should be
applied within critical habitat.
We asked reviewers to address a number of specific questions with
regard to the proposed rule. The questions posed to the peer reviewers
and a summary of their responses are provided below; peer reviewer
comments, clarifications, and suggestions have been incorporated into
the final rule as appropriate. Our responses to issues raised by the
peer reviewers are presented in the subsequent summaries of comments
and responses.
Question 1a: Given the assumptions about barred owl effects, does
this critical habitat network provide a sufficient amount and
distribution of habitat for the northern spotted owl?
Peer Review Response: Of the seven reviewers who provided a
response to this question, four indicated that it was impossible to
determine whether the critical habitat network was adequate with barred
owls present across the area. Two reviewers believed the network was
adequate, and one believed it was too small given barred owl impacts.
Question 1b: Have the physical or biological features that are
essential to the conservation of the owl been properly described? Do
the areas identified as proposed critical habitat adequately capture
these features? Are there areas we identified that should not be
included in the designation?
Peer Review Response: Of the five reviewers who addressed this
question, all believed the physical or biological features were
properly described. A number of these reviewers did have suggestions
for revising descriptions of these features in specific forest types
and we have incorporated these suggestions into the final rule.
Question 2: Does the critical habitat network adequately encompass
the geographic range of the northern spotted owl and represent the
range of habitat types used by the species?
Peer Review Response: Only three reviewers specifically addressed
this question. All agreed that the network encompassed the geographic
range and habitat types used by owls. One reviewer expressed concern
that additional lands in the southwest Washington lowlands should be
included to improve landscape connectivity, and a second reviewer
indicated that maintaining areas of marginal habitat where northern
spotted owls could persist in the face of encroachment by barred owls
may be particularly important. See our response to 0 for a detailed
discussion regarding inclusion of lands in southwest Washington and
inclusion of marginal habitat.
Question 3: We have identified areas on Federal lands in the
``Matrix'' classification (i.e., areas designated for timber harvest
under the NWFP) as proposed critical habitat, as well as some State and
private lands where Federal lands are lacking. Do you agree or disagree
with this approach? Why or why not?
Peer Review Response: Eight reviewers addressed this question, and
all agreed that inclusion of matrix lands in critical habitat was
supported. One reviewer noted that the barred owl issue needs to be
addressed (see response to 0 for detailed discussion of this issue),
and another reviewer was surprised that all habitat-capable lands in
the western portion of the species' range were not included in critical
habitat (see 0 for a more detailed discussion of this issue).
Question 4a: Does the proposed rule appropriately cite the
scientific literature on ecological forestry to recommend restoration
of ecological processes and the conservation of late-successional
forests while also providing sufficient habitat conservation for
northern spotted owls?
Peer Review Response: Ten reviewers addressed this issue. Most
supported the idea that land managers consider the application of
ecological forestry principles. Five believed the rule cited
appropriate literature, and several other expressed general support,
but recommended consideration of additional published research. Three
reviewers disagreed with some of the science that was cited, or the
interpretation of that science, and noted that the discussion did not
adequately address studies that have documented negative effects of
timber management on northern spotted owls and their prey. Several
reviewers recommended that active management should be conducted in an
adaptive management framework. We addressed these issues in revisions
to the section An Ecosystem-based Approach to the Conservation of the
Northern Spotted Owl and Managing Its Critical Habitat.
Question 4b: Do the proposed guidelines for vegetation management,
including forest fuels treatments and restoration of fire regimes,
represent an appropriate application of ecological science?
Peer Review Response: Responses to this question were varied. Eight
reviewers expressed overall support for the concept, although several
recommended providing more specific management information. Four
reviewers indicated that parts of the document were unclear on whether
ecological science was applied appropriately, and highlighted the lack
of understanding about how such management actions may affect owls and
their prey. Two reviewers specifically indicated that they did not
think that approach is appropriate. Several recommended conducting
active management activities in an adaptive management framework, until
the science becomes clearer regarding how northern spotted owls are
affected by projects intended to restore forest health or apply
ecological forestry principles. We addressed active adaptive forest
management in the section An Ecosystem-based Approach to the
Conservation of the Northern Spotted Owl and Managing Its Critical
Habitat.
Question 4c: Do you believe the proposed rule appropriately
balances the potential risks of taking action with the potential risks
of a passive (i.e., ``no action'') management approach, especially in
the face of ongoing climate change and the need to manage for the
entire forest ecosystem, not just northern spotted owls?
Peer Review Response: Peer reviewers were split in their opinions
on this question, and responded with varying degrees of specificity.
Eight reviewers generally supported the suggestion that land managers
consider an active management approach in managing forest landscapes,
although not all stated whether the discussion of this concept in the
proposed rule balanced the respective tradeoffs. Five reviewers
believed that the risks were not appropriately balanced, that the
[[Page 71991]]
discussion was too vague in weighing the tradeoffs, or that there is
too little specific scientific understanding of the explicit tradeoffs
to conduct an informed discussion. Several of these reviewers indicated
that there was too much emphasis on active management in the preamble
to the proposed rule given the lack of understanding about how
ecological forestry and restoration management might affect owls. In
contrast, one reviewer noted that the consequences of not applying
management in some areas (e.g., fire-prone areas) were not sufficiently
addressed. We have addressed the need to conduct additional research in
an adaptive management framework in the section An Ecosystem-based
Approach to the Conservation of the Northern Spotted Owl and Managing
Its Critical Habitat.
Question 5a: Is there relevant information available we did not
incorporate into the critical habitat modeling process (thoroughness),
and have we interpreted the existing scientific information in a
reasonable way (scientific consistency)?
Peer Review Response: The 15 reviewers generally agreed that we did
include the appropriate information and interpreted it in a reasonable
way. Recommendations to incorporate more realistic barred owl encounter
rates, use individual home ranges rather than pair ranges in the
modeling process, and analyze the effects of proposed exclusions were
suggested. We address these issues in our responses to Comment (11),
Comment (38), and Comment (139). One reviewer questioned the accuracy
of GNN data for identifying northern spotted owl habitat. We address
the question regarding the accuracy of GNN data in our response to
Comment (19). In addition, some reviewers asked for more detail
regarding the modeling process. Many of the responses to comments
provided here present such detail, and we have incorporated additional
discussion in our separate Modeling Supplement (Dunk et al. 2012b).
Question 5b: The modeling process attempted to incorporate both
scientific uncertainty and demographic (stochastic) variation. Were
methods used to incorporate uncertainty and variability appropriate?
Peer Review Response: Six reviewers addressed this question
specifically. Most had suggestions for improving our methods including
addressing temporal variation in demographic rates, providing
confidence intervals on estimates, and conducting sensitivity analyses.
We address specific comments in more detail in the Modeling Comments
section below, as well as in our separate Modeling Supplement (Dunk et
al. 2012b).
Question 5c: Does the proposed critical habitat rule correctly
express the key assumptions and uncertainties underlying the scientific
and technical information it used, particularly in regard to northern
spotted owl habitat, demographic trends, and influence of barred owls
on northern spotted owls?
Peer Review Response: In general, the reviewers agreed that the
rule did address key assumptions and uncertainties; however, most
identified specific areas these could be improved. We address these
comments in more detail in the Modeling Section below, as well as in
our separate Modeling Supplement (Dunk et al. 2012b).
Question 5d: Was the combination of analytical methods (MaxEnt,
Zonation, HexSim) with professional judgment (please see Criteria Used
to Identify Critical Habitat, pp. 14096-14101 in the proposed rule
(March 8, 2012; 77 FR 14062) for details) appropriate for identifying
critical habitat? Are there additional analyses you would recommend?
Peer Review Response: Of the 15 peer reviewers, 1 thought that
HexSim was not an appropriate model given its complexity, and 2
expressed concern about the utility of the MaxEnt model for identifying
habitat. The majority of peer reviewers thought that the combination of
analytical methods we used was appropriate. We address the question
regarding the use of HexSim and MaxEnt in our responses to Comments
(20, 21, 22, 26, and 43) as well as in our separate Modeling Supplement
(Dunk et al. 2012b).
A number of peer reviewers had additional comments about the
concept of active management. Since the preambles to the proposed and
final rules discuss this concept, we have addressed their comments
below. However, we emphasize that this rule does not take any action or
adopt any policy, plan or program in relation to active forest
management. The discussion is provided only for consideration by
Federal, State, and local land managers, as well as the public, as they
make decisions on the management of forest land under their
jurisdictions and through their normal processes.
Additional peer reviewer comments are addressed in the following
summary and incorporated into the final rule as appropriate.
Comments on Lands Included in Critical Habitat and Exclusions
Comment (1): Several reviewers commented that proposed critical
habitat failed to include habitat that linked the Olympic peninsula to
other regions, and also did not include low-elevation habitat along the
margins of the Willamette Valley, Puget Trough, Umpqua Valley, and
Rogue River Valley. Some reviewers indicated that they thought this was
a fault of the modeling methods used.
Our Response: There are multiple reasons why the areas described in
the above comments were not included in the revised critical habitat.
First, the habitat model using MaxEnt was at the 500-ac (200-ha) scale,
and was thus unlikely to identify small, isolated habitat fragments.
This is not a failure of the modeling, but rather a consequence of
these areas (identified in the comments) having very little northern
spotted owl habitat; such small, fragmented areas do not meet our
criteria for critical habitat, and are therefore not included in final
the critical habitat designation. Second, to incorporate additional
information such as connectivity and unique forest situations, the
Service also utilized expert knowledge and current owl location data
(among other factors) to determine what is essential for conservation
of the species. In Phase 3 of the critical habitat development process,
as described in Dunk et al. 2012b, we evaluated areas where
connectivity appeared to be deficient, and added in habitat to
strengthen connectivity. However, most of the areas identified in these
comments (particularly in western Washington) consist largely of
cutover industrial timberlands, are not occupied by northern spotted
owls, do not contain the primary constituent elements for critical
habitat, and are not otherwise essential to the conservation of the
species because they do not provide high-quality habitat or areas where
restoration of habitat is need to provide essential connectivity or
demographic support. These areas were not included in the 1992 or 2008
critical habitat designations for the same reasons. Without additional
information about the location and habitat conditions of specific
parcels in the areas mentioned in this comment, we are unable to
further evaluate the benefits of including them in the revised
designation.
Comment (2): One reviewer questioned the fact that portions of
several late-successional reserves (LSRs) including a portion of the
Okanogan-
[[Page 71992]]
Wenatchee National Forest in the eastern Washington Cascades and lands
in the Western Klamath region that were affected by the Biscuit Fire
were not included in the critical habitat proposal.
Our Response: Both of the areas described in this comment generally
exhibit low relative habitat suitability (RHS) values. The portion of
the Okanogan-Wenatchee LSR that was not included contains much high-
elevation forest and dry forest seldom occupied by the northern spotted
owl. The Biscuit Fire area described by the reviewer is composed of low
RHS due to a combination of fire effects and ultramafic soils.
Comment (3): One peer reviewer and several public commenters were
concerned about congressionally reserved areas not being included in
proposed critical habitat.
Our Response: All congressionally reserved lands that met the
criteria for critical habitat were included in the proposed revised
designation. We sought public comment on whether they should be
excluded from the final critical habitat designation. Based on further
analysis and public comment, they are excluded in the final revised
critical habitat designation. Our final decision is that these areas
are essential to the conservation of the northern spotted owl, but as
these areas are managed under a conservation mandate that provides for
the needs of the northern spotted owl, we could find no benefits to the
designation that outweighed the minor administrative costs associated
with including these areas. Therefore the benefits of exclusion
outweighed those of inclusion, and since such exclusion will not result
in the extinction of the species, these congressionally reserved areas
have been excluded from the final designation.
Comment (4): Several reviewers highlighted the importance of
keeping State lands, congressionally reserved lands, and some private
lands without HCPs or other agreements in critical habitat.
Our Response: We agree that these lands are important for the
conservation of northern spotted owls. However, Federal parks and
wilderness areas (and any other congressionally reserved lands)
including State parks, as well as private lands, have been excluded in
the final revised designation of critical habitat for the northern
spotted owl. Some State lands are included in the final critical
habitat designation, unless such lands had an HCP, SHA, or other
conservation measures in place that led to their exclusion under
section 4(b)(2) (see Exclusions).
Comment (5): Several reviewers indicated that the largest reserve
designs may be the best for northern spotted owl conservation.
Our Response: Designation of critical habitat is constrained by the
statutory language in section 3(5) of the Act, which states that
critical habitat must either have been occupied by the species at the
time it was listed and contain the physical or biological features
essential to the conservation of the species, or, if unoccupied at the
time of listing, be essential to the conservation of the species.
Furthermore, section 3(5)(c) of the Act specifies that except in rare
circumstances, critical habitat should not include the entire
geographical area which can be occupied by the species. We concur that
in areas where high-quality habitat is lacking, designating all areas
capable of developing in to suitable habitat in the future might
provide more robust networks. However, the addition of large areas of
currently unsuitable habitat as suggested in this comment would likely
not meet the intent and mandate of the statute. If occupied at the time
of listing, such lands would not provide the requisite essential
features. If unoccupied at the time of listing, such lands would only
be included in critical habitat if we found them to be essential to the
conservation of the species. Our evaluation of various potential
habitat networks as we developed this critical habitat designation
demonstrated that these lands are not likely to contribute
substantially more owls to the rangewide population than the area
designated as final critical habitat, thus we did not consider them to
be essential to the conservation of the species.
Comment (6): One reviewer stressed the need to retain Recovery
Action 10 and 32 lands in critical habitat.
Our Response: Recovery Action 10 and Recovery Action 32 do not
constitute specific areas of mapped lands that could be included in
critical habitat designation. Rather, they are broad landscape-level
conservation recommendations contained in the Revised Recovery Plan for
the Northern Spotted Owl (USFWS 2011) for identification and
conservation of important habitats that apply to all land ownership
categories and Federal land management allocations, including
designated critical habitat. While consistency with these and other
recovery actions is not required, Federal land management agencies
generally try to conduct activities in a manner consistent with the
guidance provided in the Revised Recovery Plan for the Northern Spotted
Owl (USFWS 2011).
Comments on Competition From the Barred Owl
Comment (7): One reviewer indicated that recovery efforts need to
focus on barred owl management in addition to critical habitat.
Our Response: Barred owls and loss or degradation of habitat are
primary factors impacting northern spotted owls. As we noted in the
proposed critical habitat rule, habitat protection is necessary, but
not sufficient alone, to recover the northern spotted owl. This revised
designation of critical habitat is only one of many conservation
actions that will contribute to the recovery of the northern spotted
owl. The Service is currently working on a final environmental impact
statement under NEPA for experimental barred owl removal to address the
threat posed to northern spotted owls by the barred owl. Nonhabitat-
based threats, such as barred owls, are specifically addressed in the
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011), and do
not fall within the scope of this critical habitat rule. The Revised
Recovery Plan, not this critical habitat rule, should be considered the
comprehensive recovery document for the northern spotted owl.
Comments Regarding the Northwest Forest Plan (NWFP)
Comment (8): Several reviewers indicated that the relationship
between proposed critical habitat and the Northwest Forest Plan was
unclear.
Our Response: We have attempted to clarify the language regarding
the relationship between critical habitat and the Northwest Forest Plan
(NWFP). The NWFP provides land management guidance for most of the
Federal lands identified as critical habitat, and we anticipate that
the Standards and Guidelines for the NWFP will continue to direct
management actions on these lands, unless amended sometime in the
future. We emphasize that critical habitat does not replace or
supersede the Standards and Guidelines of the NWFP. Active management
is discussed in the preamble of this rule only to encourage land
managers to consider the range of management flexibility already
contained in the NWFP. We acknowledge the importance of the NWFP as a
management strategy for conserving northern spotted owls and late-
successional forest habitat, and our suggestions for special management
considerations needed to address the threats to the physical or
biological features essential to the conservation of the northern
spotted owl (see Special Management Considerations or
[[Page 71993]]
Protections, above) are consistent with the directives of the NWFP.
Comment (9): One reviewer noted that LSR areas and locations on the
East Cascades were designed under the assumption of static landscapes,
not the dynamic landscapes we now recognize.
Our Response: We have recognized that the Standards and Guidelines
for management under the NWFP differ across eastern and western
forests, and that eastern forests are very dynamic. This condition was
recognized in the NWFP, and the Standards and Guidelines of the NWFP
allow for active management in such areas (USDA and USDI 2004, pp. C-
12--C-13).
Comments on the Modeling Process
Here we provide a summary of general comments received on the
modeling process that we used, in part, to identify revised critical
habitat for the northern spotted owl. The habitat modeling framework we
utilized was originally developed for the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011), and Appendix C of the Revised
Recovery Plan provides a detailed description of the modeling framework
and the extensive testing and cross-validation that was done at each
stage of development. In addition, we note that the modeling framework
that we applied here to assist in the identification of critical
habitat for the northern spotted owl was independently the subject of
prior peer review and public comment for the recovery plan.
Particularly detailed or technical comments on the habitat modeling
that we received in relation to this critical habitat rule are
addressed separately in our Modeling Supplement, Dunk et al. 2012b, in
an effort to reduce the length and improve the readability of this
rule.
Comment (10): One reviewer suggested that the modeling of habitat
networks and scenarios should consider a wider range of options or
composites with greater emphasis on sustainability of owl populations,
not efficiency. The present document is biased in favor of efficiency,
not conservation of old forest habitat.
Our Response: We evaluated each of the potential critical habitat
networks with respect to the guiding principles we developed, which
were based on the statutory definition of critical habitat and informed
by the recovery criteria for the northern spotted owl as established in
the 2011 Revised Recovery Plan. The recovery criteria for the northern
spotted owl are aimed at achieving sustainable northern spotted owl
populations across the range of the species. In terms of identifying
critical habitat, we use the term ``efficient'' to convey that we
sought to include the highest-quality habitat with the greatest
potential contribution to recovery and minimize as much as possible the
amount of relatively lower quality habitat in determining what is
essential to conservation of the species. In areas of insufficient
high-quality habitat, lower quality habitat may still provide the PCEs
and may be essential in terms of providing sufficient habitat overall
to sustain the population. We also sought to rely on public lands to
the extent possible.
Efficiency never trumped owl performance in our selection process;
the population performance of the northern spotted owl in response to
the scenarios evaluated was our first concern. However, given two or
more nearly equal population performance outcomes, we did look for
efficient solutions; that is, given the choice between two nearly
equivalent habitat networks in terms of northern spotted owl population
performance, we chose the network that achieved roughly the same level
of performance provided by a relatively greater proportion of public
lands or smaller overall designation. Old forest habitat and areas of
high RHS are nearly identically represented in the largest networks we
evaluated (Z70, Composites 1, 3, 4, and 7).
Comment (11): One reviewer suggested the use of individual, rather
than pair home range size estimates in the HexSim model.
Our Response: Because our spotted owl population model is a
females-only model, it was most appropriate to use individual home
range sizes. Thus our model will not simulate the resource constraints
that could result from male owl's consumption of limited food
resources. We strove to construct the simplest model structure that
captured the essential ecological processes; doing so made our northern
spotted owl model more straightforward to develop and easier to
understand. We evaluated how well the HexSim model was calibrated to
actual populations, by comparing simulated spotted owl populations from
our model with actual densities of northern spotted owls as measured
within demographic study areas (Appendix C, p. C-73). We found that
simulated populations were quite similar to actual populations,
suggesting that the females-only model produced reasonably accurate
estimates. Finally, because we used the HexSim model to compare the
relative differences in population size resulting from different
reserve design assumptions, any biases that may have been introduced
into the process from the use of a females-only model would essentially
be zeroed out, since that bias would be the same across all
populations; in such a case, the net relative difference would still be
accurately reflected between populations.
Comment (12): One reviewer noted that we did not include baseline
scenarios that provide clear insight concerning the contributions that
State, private, and Indian lands might make in the long run. They note
that excluding consideration of some large areas by virtue of land
ownership may have attendant effects on demographic results by
inadvertently imposing ``pinch points'' along the north-south axis of
the critical habitat area. The main concern was that northern spotted
owl recovery may be quite limited by the initial assumptions made about
excluding State, private, and Indian lands based on their current
conditions; remaining alternatives considered may all be poorer as a
result.
Our Response: We did not make initial assumptions about the
population contributions potentially made by State, private, and Indian
lands, or about the feasibility of including those lands in proposed
critical habitat. Our initial comparisons of Zonation-derived reserve
designs included both ``ALL lands'' and ``PUBLIC lands'' scenarios
(Appendix C, p. C-49-52); these habitat networks did not restrict our
evaluation to particular land ownerships, but allowed us to evaluate
all lands regardless of ownership. Thus, we evaluated the contribution
of all land ownerships before narrowing down the habitat network
designs based on policy and cost-benefit analyses (meaning the weighing
of relative population performance versus total area in the
designation), as fully described in our Modeling Supplement (Dunk et
al. 2012b). As discussed in this rule and in that supplement, we sought
to maximize the reliance on public lands to the extent possible, but
only if it did not compromise the population metrics essential to
conservation of the northern spotted owl. In addition, as described in
the section Consideration of Indian Lands, we conducted this analysis
in accordance with the Secretarial Order 3206 directive to consider
``the extent to which the conservation needs of the listed species can
be achieved by limited the designation to other [non-Indian] lands.''
As we did not identify any Indian lands that were essential to the
conservation of the northern spotted owl, we did not include any such
lands in the designation.
Comment (13): One reviewer asked whether foraging habitat was
considered
[[Page 71994]]
separately from nesting/roosting habitat in the Step 1 modeling, or if
suitable habitat was modeled as nesting/roosting/foraging?
Our Response: Foraging habitat was separate from nesting/roosting
habitat, as explained in Appendix C to the Revised Recovery Plan for
the Northern Spotted Owl (USFWS 2011, p. C-24).
Comment (14): One reviewer noted a potential failure to acknowledge
the importance of winter migration behavior to spatial and habitat
requirements of territorial northern spotted owls.
Our Response: We attempted to incorporate some degree of winter
habitat requirements by using annual home ranges in HexSim. To our
knowledge, the data we could use in HexSim to incorporate broader
movements does not exist throughout the northern spotted owl's range.
To the extent that northern spotted owls move away from their
territories during the nonbreeding period, and if habitat use differs
appreciably in the breeding season and nonbreeding season, it is
possible that our approach did not include all areas that may be
important to northern spotted owls. However, we are unaware of a
consistent methodology that we could use to overcome this potential
shortcoming.
Comment (15): One reviewer requested that we consider the effects
of fire in the modeling process used to define critical habitat, and
how critical habitat should be protected from the effects of fire.
Our Response: Our process incorporated several different possible
vegetation growth and loss scenarios, and modeled a variety of
potential northern spotted owl responses to differing management
strategies. These scenarios were based on observed rates of habitat
change measured between 1996 and 2006. As such, they incorporate
habitat loss to fire and other causes, and project it into the future
as a rate of change. We considered explicitly modeling fire
probabilities and fire effects into the scenarios, but the complexity
and high degree of uncertainty made this unfeasible. Incorporating fire
impacts would have had a similar proportional effect to the relative
outputs of each modeled scenario, thereby not elucidating real
differences between the effectiveness of the modeled scenarios. The
question of protecting critical habitat from the effects of fire is
beyond the scope of this rulemaking.
Comment (16): One reviewer suggested that estimating the rate of
population change ([lambda], or lambda) at 10-year intervals makes
interpretation more difficult, especially with respect to the results
from demographic studies, where [lambda] is estimated as an annual
interval.
Our Response: Our use and estimate of the finite rate of population
change was not intended to be compared to estimates from demographic
study areas or the meta-analysis (e.g., Forsman et al. 2011). We used
lambda as one basis for comparison between the various alternative
potential critical habitat networks considered to determine what is
essential to the conservation of the northern spotted owl, using
different assumptions related to the barred owl and the amount of
suitable habitat. Thus, our use of lambda at 10-year intervals was
appropriate for our intended use of relative population performance
between habitat scenarios under consideration.
Comment (17): One reviewer indicated that one aspect that seemed to
be lacking in the designation of critical habitat was whether the model
correctly predicted areas currently occupied by northern spotted owls
based on relative habitat suitability. The reviewer suggested that one
way to accomplish this would be to examine the spatial distribution of
critical habitat in relation to the existing demographic study areas
and other areas with a history of surveys for northern spotted owls.
Our Response: To evaluate how well the modeling process identified
areas likely to be occupied by northern spotted owls, we tested the
predictive ability of the model by comparing our RHS model outputs with
the distribution of known northern spotted owl locations (independent
data sets) from the years 1996 and 2006, and in both cases found a high
predictive accuracy. The results of this comparison are presented on
pages C-38 to C-41 in Appendix C of the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011).
Comment (18): One reviewer indicated that the models are likely to
be ``overfit'' (an overfit model that is overly sensitive to small
fluctuations in data inputs, and will consequently have poor predictive
results), even though cross-validation results by modeling region
showed that all models were relatively robust to prediction (Table C19,
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011)). The
reviewer indicated that this point needs to be more clearly disclosed.
Several commenters expressed concern about the number of covariates in
the RHS models, and the potential for overfitting.
Our Response: We carefully evaluated the modeling procedures we
used to identify spotted owl habitat and test the resulting models
using both cross-validation and independent data sets. Based on the
results of our evaluations, we disagree that our models are overfit. We
have clarified the procedures used and results of model testing in the
final Modeling Supplement (Dunk et al. 2012b). MaxEnt is designed to
reduce the effects of the potential model over- fitting through its use
of regularization. The main consequence of overfitting that we wished
to guard against was that of having models so tightly fit to the
training data that they were not generalizable (i.e., that they did not
work well at classifying test data or data that did not contribute to
the model's development). Our extensive cross-validation (randomly
removing 25 percent of the data, each of 10 times within each modeling
region) and evaluation of each model's full and cross-validated
performance revealed that the models were not overfit (see Table C-16).
Furthermore, where we had adequate independent data, the models
performed almost identically on them as on the training data (see Table
C-17). We share the reviewers concerns with overfitting models, and we
directly evaluated whether the consequences of overfitting were
realized and found that they were not. Thus, the conclusions on page C-
41 of the Revised Recovery Plan (USFWS 2011) under ``Model evaluation
summary'' remain valid.
Comment (19): Some reviewers and commenters suggested that the GNN
database used to develop the relative habitat suitability (RHS) map is
inappropriate for use in designating critical habitat because it does
not depict what actual vegetative components exist on the ground but is
a computer simulation of what might exist. The reviewer stated that
since the base vegetation layer does not accurately represent stand
conditions on the ground, it is impossible to show what stands contain
PCEs and which do not. Several reviewers suggested that a formal
accuracy assessment of the GNN data is needed and suggested that model
predictions of habitat conditions should be verified. One reviewer
indicated that inaccuracies in the GNN database probably led to errors
with MaxEnt predictions of owl distributions. The reviewer suggested
that there is little science to support the assumptions that GNN data
for vegetative variables believed to be important to northern spotted
owls were equally accurate across modeling regions, and there is little
certainty that relevant processes were sufficiently captured so as to
reliably predict owl population performance. The reviewer further
[[Page 71995]]
claims the Service did not assess the accuracy of the GNN data.
Finally, the reviewer states that Dr. Larry Irwin, National Council for
Air and Stream Improvement (NCASI) conducted an analysis of how well
the GNN-LT data correlated with actual measurements on the ground, and
concluded that there is a very low correlation between GNN-LT
predictions and reality. Further, the reviewer states that GNN-LT was
developed for mid- to large-scale spatial analysis, not the designation
of critical habitat.
Our Response: We concur that the RHS models and subsequent modeling
steps are dependent on the reliability of the GNN vegetation layer. A
description of our use of GNN and accuracy assessments for the GNN
variables used in our RHS models are presented in detail on pages C-16
to C-19 of the Revised Recovery Plan for the Northern Spotted Owl
(USFWS 2011). Based on our data needs, these accuracy assessments, and
independent verification of the performance of GNN estimates, we have
determined that GNN represents the best scientific information
available for habitat modeling throughout the range of the northern
spotted owl.
As described in detail in Appendix C, we selected the GNN
vegetation database for a number of reasons; most importantly it is the
layer developed for use in the Northwest Forest Plan monitoring
program. In addition, it is the only vegetation layer available that
covers all land ownerships across the entire range of the northern
spotted owl. Past efforts to model, map, and quantify habitat selection
by northern spotted owls at regional scales have often suffered from
lack of important vegetation variables, inadequate spatial coverage, or
coarse resolution of available vegetation databases (Davis and Lint
2005). To develop rangewide models of relative habitat suitability for
northern spotted owls, we required maps of forest composition and
structure of sufficient accuracy to allow discrimination of attributes
used for nesting, roosting, and foraging by northern spotted owls (the
essential physical or biological features). GNN, developed for the
NWFP's effectiveness monitoring program, provides detailed maps of
forest composition and structural attributes for all lands within the
NWFP area (coextensive with the range of the northern spotted owl).
Although the GNN approach is a method for predictive vegetation
mapping, it is based on input of empirical forest attribute data from
inventory plots (Forest Inventory and Analysis, current vegetation
analysis, etc.) and modeled relationships between plots and predictor
variables from Landsat thematic mapper imagery, climatic variables,
topographic variables, and soil parent materials.
The GNN maps come with a large suite of diagnostics detailing map
quality and accuracy; these are contained in model region-specific
accuracy assessment reports available at the LEMMA Web site (https://www.fsl.orstu.edu/lemma/). Accuracy assessments apply to the GNN
model(s), rather than the satellite imagery. We provide Pearson
correlation coefficients of GNN structural variables used in Table C-1
of the Revised Recovery Plan (USFWS 2011, pp. C-18 to C-19), and local
accuracy assessments (kappa coefficients) for individual species'
variables in Table C-2. For developing models of northern spotted owl
habitat, we generally selected GNN structural variables with plot
correlation coefficients greater than 0.5 for an individual modeling
region (42 percent had correlation coefficients greater than 0.7). On a
few occasions when expert opinion or research results suggested a
particular variable might be important, we used variables with plot
correlations from 0.31 to 0.5. For species composition variables, we
attempted to use only variables with kappas greater than 0.3. However,
because we combined species' variables into groups that expert opinion
and research suggested may represent influent community types, we
occasionally accepted variables with kappas greater than 0.2 and less
than 0.3 for individual variables within a group.
The GNN vegetation database was specifically developed for mid-to
large-scale spatial analysis, suggesting that accuracies at the 30-m
pixel scale may be less influential to results obtained at larger
scales. Because we were interested in the utility of GNN at our
analysis area (500 ac (200 ha)) spatial scale, we additionally
conducted less formal assessments where we compared the distribution of
GNN variable values at a large sample of actual locations (known
northern spotted owl nest sites and foraging sites) to published
estimates of those variables at the same scale. In addition, we
received comparisons of GNN maps to a number of local plot-based
vegetation maps prepared by various field personnel. Based on these
informal evaluations, we determined that GNN represents a dramatic
improvement over past vegetation databases used for modeling and
evaluating northern spotted owl habitat, and used GNN maps as the
vegetation data for our habitat modeling.
Our primary objective in Step 1 of the modeling process was to
develop MaxEnt models that perform well at predicting northern spotted
owl habitat by developing models that had good discrimination ability,
were well calibrated, were robust, and had good generality. Our
detailed evaluations of model performance, cross-validation, and
comparison with independent data sets (described in pages C-30 to C-41
in Appendix C of the Revised Recovery Plan) demonstrate that at the
scale MaxEnt models were developed and evaluated, we met these
objectives. Acknowledging that all vegetation databases will exhibit
some degree of error, if the GNN layer was inadequate for predicting
northern spotted owl habitat, we would not expect the reliable
predictive models that we obtained. Thus, as described above, given our
data needs, we believe the GNN database represents the best available
information for the purposes of identifying critical habitat for the
northern spotted owl. We are unaware of any alternative existing
scientific information, and no viable suggestions were offered by
reviewers or commenters.
Comment (20): One reviewer indicated that inaccuracies in the GNN
database and inherent problems with MaxEnt probably led to errors with
MaxEnt predictions of owl distributions. The reviewer suggested that
there is little science to support the assumptions that GNN data for
vegetative variables believed to be important to northern spotted owls
were equally accurate across modeling regions, and there is little
certainty that relevant processes were sufficiently captured so as to
reliably predict owl population performance.
Our Response: As noted earlier, no vegetation database will be free
of error; the important question is whether the database used is
accurate enough to support the intended analysis objectives. We
acknowledge that there may be some errors in the GNN database, yet the
MaxEnt models we developed performed very well at predicting habitat
suitability for northern spotted owls (one would not expect reliable
predictive models if the underlying databases were highly inaccurate--
one would expect poorly performing models). Our evaluation of the
MaxEnt models developed indicate that the models for all modeling
regions were well calibrated and showed quite similar patterns in terms
of strength of selection (Figure C-5, USFWS 2011). Cross-validation
results showed that all models were robust (i.e., equally accurate when
applied to different
[[Page 71996]]
subsets of the spotted owl sample; USFWS 2011, Table C-19), and
comparison of model results with independent test data showed the
models had good ability to predict known northern spotted owl locations
(USFWS 2011, Table C-20). Overall, these evaluations suggest our models
of relative habitat suitability were robust and have good generality
(are good at predicting northern spotted owl habitat in areas other
than areas that provided the data for development of the model). As
detailed in our response to 0 based on our data needs, accuracy
assessments, and independent verification, amongst other information,
we believe the GNN database represents the best available scientific
data for our purposes.
We are uncertain about what ``inherent problems with MaxEnt'' the
reviewer may be referring to; MaxEnt has been thoroughly evaluated in
the scientific literature and found to perform very well for predicting
species distributions and habitat suitability. Peer-reviewed papers by
Elith et al. (2006), Wisz et al. (2008), Graham et al. (2008), Phillips
et al. (2009), and Willems and Hill (2009) all compared MaxEnt to other
modeling tools on identical data sets (sometimes hundreds of species),
sample sizes, and geographic areas. MaxEnt always performed very well
and was consistently a top-performing model. Based on the accurate
performance of the model and the thorough, independent scientific
evaluations of MaxEnt on a number of taxa, geographic regions, and
sample sizes, we believe we have utilized the best available scientific
information to model habitat suitability for the northern spotted owl.
We note that 13 out of the 15 peer reviewers agreed that the use of
MaxEnt was appropriate for our purposes.
Comment (21): One reviewer stated that although the Service claimed
in the proposed rule that the modeling process defined areas that
contain the physical and biological features essential for conservation
of the species, that in reality MaxEnt provides no scientific support
for the PCEs described in the proposed rule, and the proposed rule
cites no other scientific basis for them. The reviewer indicates that
MaxEnt simply ranks pixels in an area based on the ``best'' habitat
definition supplied to it, and that the habitat definitions chosen by
MaxEnt do not represent what the spotted owl needs and do not delineate
the physical or biological features essential for the conservation of
the species.
Our Response: The comment mischaracterizes the relationship between
our habitat modeling and the identification of PCEs for the northern
spotted owl. We did not use the habitat modeling to define the PCEs for
the species. As stated in the proposed rule (March 8, 2012; 77 FR
14062, p. 14082), and reiterated in this rule, the physical or
biological features essential to the conservation of the species (and
associated primary constituent elements (PCEs)) of critical habitat for
the northern spotted owl, are identified based on ``* * * studies of
the habitat, ecology, and life history of the species as described in
the final listing rule published in the Federal Register on June 26,
1990 (55 FR 26114), the Revised Recovery Plan for the Northern Spotted
Owl released on June 30, 2011, the Background section of this proposal,
and the following information.'' The following section of the proposed
rule, titled Physical or Biological Features, provided an expansive
discussion of the scientific basis for the identification of the
essential physical or biological features of critical habitat for the
northern spotted owl, accompanied by numerous supporting citations from
the scientific literature, which informed our description of the PCEs.
The modeling was not used to describe the PCEs of critical habitat;
rather, it was used to identify the areas most likely to contain the
PCEs and the areas most likely to have been occupied by northern
spotted owls based on habitat suitability at the time of listing, as
well as identify the specific areas essential to the conservation of
the species. This is an important distinction. The habitat models were
constructed from a rigorous assessment of current knowledge of the
physical and biological features that influence northern spotted owl
habitat suitability, and are supported by a solid scientific basis. We
recognize that there may have been some poorly worded statements in the
proposed rule that led to some confusion regarding the intersection of
the PCEs and the modeling framework. We have clarified the language in
this final rule to make it clear that we did not use models to define
the PCEs for the northern spotted owl, but that we used the PCEs to
develop maps of relative habitat suitability across the range of the
northern spotted owl as one step in the identification of critical
habitat for the species.
Comment (22): One reviewer recommended that the Service: (a)
evaluate the rate at which MaxEnt may misclassify locations that do not
contain spotted owls; and (b) provide evidence that MaxEnt accurately
incorporates the factors that reflect the best environmental conditions
for optimal population performance among northern spotted owls.
Our Response: Our models were developed to identify areas likely
occupied at the time of listing based on relative habitat suitability
(RHS), not to identify areas that do not contain owls. Furthermore, the
presence of owls on territories can vary across space and time. There
any many possible reasons that an organism (northern spotted owl in
this case) may not occupy apparently suitable habitat for a period of
time (e.g., death, competition, population is not at equilibrium with
its environment). We did not use the RHS values to predict the number
of years a site would be occupied or the reproductive rates at
territories. The RHS layers we developed have been subjected to
rigorous cross-validation and testing with independent data, as
explained in Appendix C of the Revised Recovery Plan (USFWS 2011). Our
assessment of the estimated on-the-ground conditions at high,
intermediate, and low RHS values corresponds very closely to the
published literature on northern spotted owl habitat use and selection,
thus addressing (b). See also our responses to Comments (19), (20), and
(21), among others.
Comment (23): One reviewer stated that comparisons with other
evaluations of northern spotted owl habitat demonstrate the flaws in
the modeling. In comparison with NWFP land use allocations, the
modeling process includes 2.7 million ac (1.1 million ha) of lands
that, up until now, had not been viewed as being needed for the
recovery of the spotted owl. Overlaying the proposed critical habitat
designation with USDA Pacific Northwest Research Station's 2011 data on
old growth forests shows that only 36 percent of proposed critical
habitat comprises late-successional old growth forest. Overlaying the
proposed designation with USDA Pacific Northwest Research Station's
2011 report allocating spotted owl habitat into unsuitable, marginal,
suitable and highly suitable shows that 50 percent of proposed critical
habitat is either unsuitable or marginal habitat, and only 24 percent
of the acres are classified as highly suitable.
Our Response: The designation of critical habitat is guided by the
statutory language of the Act, and is highly species-specific in terms
of its direction to identify specific areas that provide the physical
or biological features essential to the conservation of the listed
species in question--in this case, the northern spotted owl. Late-
successional reserves under the NWFP, on the other hand, were
established for
[[Page 71997]]
the conservation of multiple species of varying taxa (birds, mammals,
amphibians, fishes, etc.) and, in some areas, encompass forest types
not used by northern spotted owls. For these reasons, the comparison of
critical habitat with NWFP land use allocations is inappropriate,
because they are intended to serve different purposes. The 2.7 million
ac (1.1 million ha) of lands the reviewer refers to are presumably the
congressionally reserved natural areas (wilderness areas and national
parks) that are now excluded in this designation. These lands have
consistently been viewed as essential to the recovery of the northern
spotted owl since the species was listed. However, they were not
included in previous designations due to our interpretation of the
definition of critical habitat under section 3(5)(A) of the Act at that
time and because their current classification and management was deemed
adequate to meet northern spotted owl conservation goals. A primary
purpose of these congressionally reserved natural areas is to conserve
natural systems, including threatened and endangered species and their
habitats, including the northern spotted owl. These areas are managed
consistent with the conservation of the northern spotted owl, and we
could find no benefit of inclusion that would outweigh the potential
administrative costs associated with the designation of critical
habitat on these lands.
Based on our modeling process, we found that northern spotted owl
population performance under a habitat network represented by the 1994
NWFP was relatively poor compared with several other reserve designs
(Dunk et al. 2012b). This result is not surprising considering the
influence of barred owls and continued habitat loss to wildfire.
Similarly, the results of this commenter's comparison of proposed
critical habitat to maps of old growth forest and the nesting habitat
model from the 2011 NWFP monitoring report would be anticipated,
because the NWFP models represent only a portion of the habitat
elements and spatial extent used by northern spotted owls. In
particular, the classification of habitat into unsuitable, marginal,
suitable, and highly suitable pertains only to forest structure used
for nesting at the pixel scale, whereas our models are based on
landscape-level habitat selection and incorporate the broader array of
habitats used by northern spotted owls (including non-old growth). We
believe the commenter is attempting to make ``apples and oranges'' type
comparisons of habitat, and for the reasons described above, we
disagree with the statement that such comparison demonstrate flaws in
our modeling.
Comment (24): One reviewer stated that the Zonation model was not
designed to develop a conservation network and that this model does not
make a judgment as to what is essential for the conservation of the
species. As characterized by the reviewer, Zonation does not use the
presence or absence of PCEs as input so it does not show where the PCEs
are essential. According to the reviewer, what it does is take the
relative habitat suitability index of the MaxEnt model (which itself
does not depict the presence or absence of PCEs), further smooth them
by assigning new values at the home range size of 3,424 ac, (1,386 ha)
and determines how little land is required to capture some percent of
habitat values based on the parameters provided by the Service. It does
this by removing the areas with the lowest habitat values first until
the specified percentage of the habitat values are left. The reviewer
contends that the Service used Zonation outputs that captured 70
percent of the habitat values as the basis for the proposed revision of
critical habitat, and that this in no way supports the premise that
these areas are essential for the conservation of the species. The
reviewer claims that Zonation only shows a computer's calculation of
the minimum amount of land needed to encompass 70 percent of the
habitat value, which is a purely artificial data point created from
smoothed indices of a relative habitat suitability index based on
biased spotted owl locations overlaid on a hypothetical landscape using
conglomerated data. The reviewer states there is no way to determine if
the areas captured by these solutions actually contain the PCEs, and
the Service has no idea how accurate the model is in predicting use by
spotted owls.
Our Response: We disagree with the reviewer's statement in that it
mischaracterizes the intended purpose of Zonation, the way the model
works, and how the Service used it. The Zonation model was designed
specifically for the purpose of developing conservation networks
(Moilanen and Kojala 2008). However, we did not simply employ the
Zonation model to provide a critical habitat network. As described in
our response to Comment (21), and as detailed at length in our Modeling
Supplement (Dunk et al. 2012b), we used the PCEs for the northern
spotted owl to develop maps of relative habitat suitability for the
species across its range; this step then informed the development of
the spotted owl habitat conservation planning model (Zonation), thus
the presence of PCEs is the foundation of the entire habitat modeling
framework, and is fundamental to our identification of critical habitat
for the northern spotted owl. We used Zonation to provide a series of
alternative networks that were then compared in terms of relative
simulated spotted owl population performance (using HexSim). After
comparing a wide range of Zonation-derived scenarios, the top-
performing alternatives for each modeling region were assembled into
composite maps for further evaluation in HexSim. Development of
composite maps also involved modification of reserve designs based on
expert opinion and policy. In many modeling regions, the proposed
critical habitat deviates substantially from the strictly Zonation-
derived reserve designs, because use of the modeling was only one step
in the process of identifying critical habitat. Finally, the Service
verified that the resulting proposed critical habitat met the statutory
criteria of critical habitat by evaluating the proportion of proposed
critical habitat that was occupied by known northern spotted owl home
ranges at the time of listing and that provides the essential physical
or biological features, and by evaluating any areas that may have been
unoccupied at the time of listing to determine whether they are
essential to the conservation of the species. In addition, to address
any uncertainty regarding occupancy, we evaluated all of the critical
habitat under the higher standard of section 3(5)(a)(ii) of the Act.
Please see Criteria Used to Identify Critical Habitat for further
information.
Comment (25): One reviewer stated that the process used by the
Service to define what constitutes nesting, roosting, and foraging
habitats in the proposed rule produced results in staggering
differences compared to historical definitions. According to this
reviewer, not only are they totally different from what has been viewed
as valid definitions for almost 20 years, but they are also totally
unrecognizable on the ground. The reviewer claims the proposed rule
utilizes habitat definitions derived from analysis of the hypothetical
GNN-LT vegetation layer coupled with abiotic factors, which only make
sense in computer modeling. The reviewer states that MaxEnt does not
use these definitions to identify NRF (nesting/roosting/foraging)
habitat but rather assigns an RHS value based on how many of the
factors are present. Finally, the reviewer says that the Service claims
to be using these factors
[[Page 71998]]
to determine if stands contain the PCEs when, in fact, they do not.
Our Response: We are unsure of the basis for this comment, since
the definitions of nesting, roosting (NR) and foraging (F) habitats
used in this critical habitat rule are very similar to definitions used
in past assessments, including previous designations of critical
habitat for the northern spotted owl, and the definitions we use are
based primarily on the information found in the published scientific
literature. In fact, all NR and F models tested were derived from
literature reviews and expert opinion, including input from timber
industry scientists and managers. The relative habitat suitability
models incorporate these NR and F definitions (submodels), as well as
broader environmental features such as elevation and slope position,
that are also well-described in the northern spotted owl literature.
The remainder of the comment mischaracterizes our habitat suitability
modeling; a thorough explanation of that modeling is found in Appendix
C of the Revised Recovery Plan for the Northern Spotted Owl (USFWS
2011). In addition, please see our response to Comment (19) for details
on how the PCEs were defined and incorporated into the process of
mapping RHS.
Comment (26): One reviewer stated that the Service modified input
variables given to HexSim to produce ``composites,'' and the Service
cannot show that these contain the PCEs and that they are essential,
and there is no statistical difference between the different
composites. By only displaying mean values, the reviewer claims the
Service creates a false appearance that the difference between these
alternatives is real. The Service does not show that the differences
result in any real difference in achieving recovery objectives, they
merely state it as a matter of fact. This is a misuse of modeling data,
the reviewer states, and not best available science.
Our Response: This comment misunderstands the process used to
develop composite maps, and the subsequent comparison of HexSim
results. Composite maps are maps where different reserve designs were
selected for each modeling region based on their ability to achieve
recovery goals. These region-specific designs were combined across the
range of the owl to create a ``composite map.'' We evaluated composite
maps in an iterative manner to identify the design that best met
recovery goals and our guiding principles. Composites were not created
by modifying HexSim input variables; rather, they represent a range of
reserve design alternatives that were subsequently tested in HexSim.
Appendix C and Dunk et al. (2012b) provide ample evidence that all of
the composites contain the physical and biological features used by the
owl; comparison of HexSim results is the process by which the Service
evaluates what amount and distribution of these features is essential
to the conservation of the northern spotted owl. As stated in our
proposed rule, this final rule, and in Dunk et al. 2012b, we assessed
various composites by comparing the relative (emphasis added)
performance of various habitat scenarios. That is, we used metrics such
as relative differences in extinction risk and population size (which
include upper and lower confidence intervals) to evaluate the ability
of different composites to achieve recovery objectives for the northern
spotted owl. In fact, we expressly stated ``simulations from these
models are not meant to be estimates of what will occur in the future,
but rather provide information on trends predicted to occur under
different network designs'' (March 8, 2012; 77 FR 14062, p. 14097).
There were statistically significant differences in population
performance, both at the modeling region and range-wide scales among
our composites (see Appendix C, USFWS 2011 and the Modeling Supplement
(Dunk et al. 2012b) for additional details). We therefore disagree with
the commenter's claims about misuse of modeling data and best available
science.
Comment (27): One reviewer stated that the boundaries of the
proposed revision of critical habitat are impossible to identify on the
ground. They can only be defined by use of global positioning satellite
receivers that have had the boundaries created by the Zonation computer
model inputted to them.
Our Response: Critical habitat is defined by the features as
discussed in this final critical habitat designation and shown on
accompanying maps. Specific coordinates and descriptions that define
the boundaries of critical habitat are available online at https://www.fws.gov/oregonfwo, at https://www.regulations.gov at Docket No.
[FWS-R1-ES-2011-0112], and from the Oregon Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT); maps are available online at
https://criticalhabitat.fws.gov/crithab/.
Comment (28): One reviewer states that the Service did not use
pixel by pixel data, but conglomerated the pixel data into indices that
represent the 500-ac (200-ha) circle around each pixel, which increased
the error associated with the predictions. The reviewer claims this
wipes out all the actual stands that might actually be used by spotted
owls and instead assigns each pixel a conglomerate value for each
habitat variable based on averages. Therefore, the reviewer asserts
there are many areas that do not contain the PCEs.
Our Response: This comment mischaracterizes the method used to
evaluate habitat quality, and the basic definition of habitat for
northern spotted owls. As described in Appendix C of the Revised
Recovery Plan (USFWS 2011), habitat suitability consists of several
factors including, but not limited to, the actual forest ``stands''
used by owls. Our relative habitat suitability models are based on the
amount, edge, and core of actual stands classified as nesting/roosting
habitat and amount of foraging habitat; i.e., the PCEs identified in
this rule. We therefore do not ``wipe out'' the actual stands as
suggested by the reviewer, but rather measure their relative importance
given additional landscape features such as elevation and slope
position. This allowed us to better identify the landscape features
where owls could establish a viable territory. Simply mapping out ``the
actual stands that might be used'' would have provided a highly
fragmented habitat network consisting of many ``stands'' not likely to
be used by spotted owls. The comment also ignores the fact that we
extensively tested the RHS model and found it accurately predicts
spotted owl habitat, and we evaluated the proposed critical habitat
network and found that the areas proposed were predominantly occupied
by known spotted owl sites at the time of listing. See also our
responses to Comment (19) through Comment (24).
Comment (29): One reviewer stated that Phase 1 results suggested
that the Redwood Coast modeling region was among the most stable, but
questioned how this could be when there are very few remaining northern
spotted owls in Redwood National Park, where barred owls are now the
predominate species. The reviewer states this was also not reflected in
the Phase 2 modeling results (Table 6) (Dunk et al. 2012a).
Our Response: We obtained recent (2006) verified northern spotted
owl location data from many sources in the Redwood Coast modeling
region. These data strongly suggest that the high densities of barred
owls observed within Redwood National Park are not occurring in the
remainder of the modeling region, where large numbers of northern
spotted owl territories persist. We therefore used demographic data
from the Green Diamond
[[Page 71999]]
monitoring study to parameterize (put variables into) HexSim for the
region.
Comment (30): One reviewer suggested that we include an appendix
that shows each of the decision points in the development of the
proposed critical habitat network in systematic detail, and suggested
this would be an adequate remedy and make the entire modeling process
open and transparent, and repeatable by persons external to this
process.
Our Response: We attempted to make explicit the key assumptions and
decision points used in the modeling process, and the guiding
principles we followed for application of professional judgment in
refining reserve networks were included in the proposed rule. Much of
what the reviewer asks for is presented in Appendix C of the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011). In addition,
we have tried to make assumptions and decision points more explicit in
our final Modeling Supplement (Dunk et al. 2012b) that is available to
the public at https://www.regulations.gov.
Comment (31): One reviewer suggested that a major flaw in the
modeling is that the habitat is held constant for 350 years and any
area with an RHS value less than 35 is assumed to be non-habitat. The
reviewer states that by holding the habitat constant and not allowing
it to grow, the Service greatly overestimates the amount of land needed
to reach relative population levels. The reviewer claims this also
results in a double standard for areas currently classified by MaxEnt
as having low RHS values--in the modeling process they are excluded and
not allowed to grow into habitat, yet they are included as critical
habitat because the Service claims they will be necessary for
population growth.
Our Response: The reviewer misunderstands the method we used to
simulate habitat change through time. Habitat was not held constant
during the HexSim simulations; we measured the rates of change in
habitat quality (RHS) between the 1996 and 2006 GNN layers and
projected those rates into the future. This allowed for losses in
habitat quality caused by timber harvest, wildfires, and other causes
as well as gains due to forest growth to occur through time in a
plausible fashion. Because the remainder of this comment is based on
this faulty premise, the other points in this comment are, in turn,
unfounded.
Comment (32): One reviewer noted that throughout the modeling
process, means of the response variables (e.g., Table 8 of Dunk et al.
2012a) should be accompanied by either standard errors or 95 percent
confidence intervals. Otherwise, the reviewer states, it is difficult
to determine how precise these estimates were, especially when
comparing different scenarios.
Our Response: We agree, and this was an oversight that we have
corrected in the final version of our Modeling Supplement (Dunk et al.
2012b).
Comment (33): One reviewer thought more could have been done to
evaluate uncertainty in the original habitat suitability models by
running replicate samples in MaxEnt and then capturing the range of
variation in resulting habitat designations.
Our Response: Table C-19 in Appendix C of the Revised Recovery Plan
for the Northern Spotted Owl (USFWS 2011) presents results from the
cross-validation results, in terms of performance differences between
models based on replicate samples. Those results showed that there was
very little difference between the performance of the models when
replicate samples were evaluated, giving us confidence in the
generality of our model (that is, the model worked reliably well across
a range of situations tested).
Comment (34): One reviewer requested additional sensitivity
analysis to quantify the influence of different parameter settings
within HexSim on modeled population performance, which would have been
particularly useful for evaluating the implications of scientific
uncertainty.
Our Response: We agree and in the final Modeling Supplement (Dunk
et al. 2012b) we have incorporated the results of sensitivity analyses
conducted on nine HexSim parameters.
Comment (35): One reviewer noted that the original supplement on
habitat modeling that accompanied our proposed rule (Dunk et al. 2012a)
did not report measures of variance in the population estimates or
pseudo-extinction thresholds used to compare habitat network scenarios.
The reviewer noted that reporting standard errors or ranges of those
population estimates would help in the comparison of the efficacy of
different network designs.
Our Response: Our failure to report measures of variation in
population estimates was an oversight that we have corrected in the
Modeling Supplement (Dunk et al. 2012b). The estimated extinction risk
thresholds that we reported were the total number of simulations in
which that threshold was exceeded (i.e., the population fell below the
extinction threshold). It would not be appropriate to provide measures
of variation around these. The measure itself is interpreted as the
``probability of exceeding pseudo-extinction threshold X.''
Comment (36): One reviewer noted that model results showed that the
barred owl encounter rate can have a disproportionately large influence
on persistence outcomes of the HexSim model. The reviewer states that
the Service evaluated four barred owl scenarios (Dunk et al. 2012a),
but none of these considered the more critical survival parameter and
the major reductions in adult survival that barred owls generate in the
model. Thus, the reviewer states that one is unable to assess the
relative contributions of barred owl encounter rates versus barred owl
survival reductions to persistence of simulated northern spotted owl
populations.
Our Response: In the northern spotted owl HexSim model we used,
barred owls only affected northern spotted owl survival, not occupancy
or reproduction. Thus, the impact of barred owls in HexSim results is
only from their reduction of northern spotted owl survival. Based on
advice we obtained from species experts, we limited barred owl impacts
on northern spotted owls to survival alone. We did not simulate barred
owl impacts on reproduction, territory establishment, site fidelity, or
movement behavior. We also did not simulate barred owl predation on
northern spotted owl nestlings. This recommendation (to simulate barred
owl impacts only on northern spotted owl survival) was a reflection of
limitations on rangewide data availability regarding these factors.
Comment (37): One reviewer suggested that we allow the barred owl
effect in the HexSim model to vary with resource acquisition class. For
example, the barred owl effect on survival might be more severe when an
owl is in the ``low'' resource class but incrementally reduced in the
medium and high resource classes (i.e., as resources become less
limiting so do the negative effects of competition with barred owls).
Our Response: Resource acquisition classes are a component of the
HexSim model. In the model, resources available to an owl are a
function of the mean RHS value of habitat within its home range and
fall into three categories: High, medium, or low (USFWS 2011, p. C-60).
This is a good suggestion, and could potentially help refine the HexSim
model for the northern spotted owl. It would not, however, improve the
model's ability to identify those specific areas that contain the
physical or biological features essential to the conservation of the
northern spotted owl, or that are essential to the conservation of the
species (section
[[Page 72000]]
3(5)(a) of the Act). The relative performance of various composite
potential critical habitat networks would be unlikely to change if we
were to change the analysis as the reviewer suggests, because the
proposed change would affect all potential critical habitat networks in
the same way. The relative performance of the habitat networks under
consideration, which is what we were able to assess (as opposed to
absolute outcomes), would therefore remain the same, and our ultimate
determination of the critical habitat network that provides what is
essential to the conservation of the northern spotted owl in the most
efficient design would be unchanged.
Comment (38): One reviewer suggested that modeling of habitat
networks should incorporate more realistic encounter rates between
northern spotted owls and barred owls, so that estimates of
sustainability of northern spotted owl populations are not overly
optimistic.
Our Response: As we have noted in both the proposed rule and this
rule, the designation of critical habitat is only one of many
conservation actions that may contribute to the recovery of the
northern spotted owl. The designation of critical habitat is intended
to help address habitat-based threats to a listed species; it is not
expected to independently lead to recovery absent other actions to
ameliorate additional, non-habitat based threats. We are also bound,
however, by the statutory definition of critical habitat, which
requires that we identify those areas that provide the physical or
biological features essential to the conservation of the species, or
are otherwise essential (if not occupied at the time of listing). The
task of identifying where on the landscape these essential areas lay
was complicated by the barred owl, a non-habitat based threat. In some
cases, the negative influence of the barred owl on the simulated
performance of our modeled northern spotted owl populations completely
masked the potential contribution of varying areas of relative habitat
suitability, thus rendering it impossible to determine which specific
areas provide the essential physical or biological features. Our HexSim
modeling suggested that if barred owl encounter rates within each
modeling region were to be maintained at their currently estimated
rates (from Forsman et al. 2011), there was little variation in
northern spotted owl population performance among any of the potential
critical habitat networks (even doubling the size of the habitat
network produced no discernible difference). The only avenue that
allowed us to discriminate between potential networks and isolate and
evaluate the contribution of specific areas of habitat that are
essential to the conservation of the northern spotted owl, as directed
by the statute, was to adjust the encounter rates with barred owls to
some reasonable level, as might potentially be achieved through
management actions. This harkens back to our statement earlier that we
do not assume critical habitat will provide for the recovery of the
species in a vacuum; rather, we must assume that other recovery actions
will occur in coincidence with the protections provided by critical
habitat. We assumed changes in barred owl encounter probabilities in
our comparisons of potential critical habitat networks that, in our
judgment, represented changes that could realistically be achieved with
management aimed at reducing encounter rates (and without prescribing
the nature of that management). In most cases, only relatively modest
changes to the currently estimated encounter probabilities between
barred owls and northern spotted owls were required to allow us to
discern the underlying differences between varying habitat network
designs, and to enable the identification of the specific areas
essential to the conservation of the species. In fact, for Phase 2 and
3 modeling (MaxEnt and HexSim; see Dunk et al. 2012b for details), we
decreased barred owl encounter probabilities in only 3 of 11 modeling
regions, and increased encounter probabilities in 8 of 11 modeling
regions. The mean absolute value of change (from currently estimated
encounter probabilities to what we assumed in Phases 2 and 3) among
modeling regions was 0.081 (range = 0.005 (in the KLE) to 0.335 (in the
OCR)). Our population performance results do not suggest that the
habitat scenarios considered were overly optimistic in regard to
sustainability of northern spotted owl populations (Dunk et al. 2012b).
Comment (39): One reviewer suggested incorporating the relative
probability of controlling barred owls as part of the designation of
various critical habitat units. The reviewer noted that to be able to
assess habitat factors in the modeling process, the barred owl effect
had to be set below known values in selected areas, suggesting that
these designated critical habitat units will not contribute to northern
spotted owl conservation in the absence of barred owl control. The
reviewer further stated that the apparent sensitivity of the HexSim
model to the barred owl covariate indicates that barred owl management
will be the overriding factor in the success of critical habitat being
able to achieve the northern spotted owl recovery goals. The reviewer
suggested that if the Service wants to capture uncertainty in this
modeling exercise, the probability of controlling barred owl numbers
should be factored into the modeling process based on logistical,
ownership, and social factors.
Our Response: We agree with the reviewer's suggestions in theory.
However, we are unaware of currently available scientific information
that would enable us to reliably estimate the influence of
``logistical, ownership, and social factors'' on the probability of
effective barred owl control across the range of the northern spotted
owl (over 50 million ac (20 million ha)). Lacking any such specific
data, such exercise would be arbitrary and speculative, and would
likely introduce greater uncertainty into the modeling. We appreciate
that the reviewer recognizes the sensitivity of the model to barred owl
encounter rates, and the reason why we had to make slight adjustments
to those rates in some areas to identify critical habitat for the
northern spotted owl (see our response to Comment (38), above).
Comment (40): One reviewer indicated that basing the demographic
trends on the last meta-analysis (Forsman et al. 2011) is overly
optimistic since these results are already badly outdated. The reviewer
states that the last meta-analysis was conducted after the 2008 field
season, with survival rates estimated through 2007 and realized rate of
population change through 2006. The reviewer states that, according to
personal communications with researchers in other demographic study
areas, many of the study areas shown as stable in the 2008 meta-
analysis are now in precipitous decline due to rapid increases in
barred owl populations. The reviewers suggests that, although it would
only be qualitative, the Service could contact the leads from the
various northern spotted owl demographic study areas to see if there
have been substantial changes in barred owl versus northern spotted owl
numbers.
Our Response: This is a good point, and we heard similar comments
from several field researchers and principal investigators of the
northern spotted owl demographic studies. In Step 3 of the modeling
process, we obtained the most recent annual reports from the
demographic study areas and evaluated
[[Page 72001]]
the more recent estimates of barred owl densities, and included a
scenario representing high barred owl densities such as those described
in this comment. Because we used more recent estimates of barred owl
encounter rates, spotted owl population trends simulated in HexSim
showed a more rapid decline than that estimated in the recent meta-
analysis; this was especially evident in the Tyee demographic study
area. We therefore believe that our modeling process incorporated the
idea expressed in this comment.
Comment (41): One reviewer indicated that bounding experiments with
HexSim are needed to suggest the sort of spatial, temporal, and
population controls that may be needed for the barred owls to create a
high likelihood of success for critical habitat. The reviewer suggests
the Service has thus far determined the barred owl encounter rates that
were needed to achieve reasonably stable northern spotted owl
population dynamics.
Our Response: This is a good suggestion, but not necessary to
identify lands meeting the definition of critical habitat. Because we
evaluated northern spotted owl population performance across a gradient
of barred owl encounter probabilities ranging from 0.0 to 0.7, our
modeling already revealed that northern spotted owls are likely to do
very poorly at high barred owl encounter probabilities. This provided a
general understanding of the influence of various barred owl encounter
rates and demonstrated the range of values (bounds) where population
performance that met recovery criteria was possible. This is why we set
0.375 as a ceiling to barred owl encounter probabilities. The
reviewer's suggestion is more relevant to the specifics of potential
barred owl control efforts, such as have been recommended by the
Revised Recovery Plan on an experimental basis (USFWS 2011). The
Service is currently considering such efforts and has published an
environmental impact statement on experimental barred owl removal
options. That is a separate recovery effort, however, is not connected
to this rulemaking.
Comment (42): Several reviewers expressed concern that the way that
barred owl encounters were represented in the model as homogeneous
probabilistic reductions in northern spotted owl survival may fail to
capture important spatial patterns of interaction between the species
within subregions, and it may overestimate (one reviewer) or
underestimate (second reviewer) the negative impacts of barred owls on
northern spotted owl population persistence. The reviewers suggested
the uncertainty surrounding the specific impacts of barred owls, and
the analysis in Appendix C of the Revised Recovery Plan for the
Northern Spotted Owl further justify the need for an intensive barred
owl removal experiment to understand the overall impact that barred
owls are having on northern spotted owls.
Our Response: This point is well taken by the Service. As the
reviewer mentioned, ``empirical information required for a realistic
representation of barred owl interaction effects across the range of
the northern spotted owl is not available at this time.'' The Service
did evaluate several different barred owl encounter probabilities,
which largely differed among the 11 modeling regions, but were
identical within modeling regions. The modeling framework we used is
capable of including a spatially explicit barred owl effect, if such
specific data should become available. Given the uncertainties about
variation in barred owl impacts within modeling regions, it is possible
that our modeling overestimated or underestimated negative barred owl
impacts. However, because we used HexSim to compare relative population
performance among alternative potential critical habitat networks, and
used the best available estimates of barred owl effects, we believe the
representation of barred owl impacts we used allowed us to accurately
evaluate which networks, on a comparative basis, best met the
objectives in our guiding principles for identifying lands meeting the
definition of critical habitat for the northern spotted owl.
Comment (43): One reviewer believed that the HexSim model was not
an appropriate choice for this modeling process because the reviewer
indicated it was overly complex, too individually based, and included
variables where there was no, little, or very incomplete data, such as
territory searching behavior, and floater dynamics, etc. In addition,
the reviewer expressed skepticism that the modeling approach used would
be repeatable, because of its complexity.
Our Response: We disagree. We have articulated our rationale for
using the HexSim model in Appendix C to the Revised Recovery Plan for
the Northern Spotted Owl (USFWS 2011, pp. C-53-C-56) and again in our
Modeling Supplement (Dunk et al. 2012b). We acknowledge that there are
many possible approaches to identifying and evaluating alternative
potential critical habitat networks. However, we contend that our
approach represents the best available science and is appropriate for
identifying areas meeting the definition of critical habitat because it
enabled us to evaluate numerous possible networks of habitat and
compare simulated population responses of northern spotted owls to
environmental conditions in a spatially-explicit manner that enabled us
to determine those areas that meet the definition of critical habitat
for the species. Our approach is detailed in the section Criteria Used
to Identify Critical Habitat, but in brief, the use of HexSim enabled
us to evaluate which of the habitat scenarios under consideration had
the greatest potential to meet the recovery objectives for the northern
spotted owl, based on relative population performance.
To identify the areas that meet the definition of critical habitat
for the northern spotted owl, we elected to use a spatially explicit,
individual-based modeling approach. We did so because we required an
approach that enabled comparison of a wide range of spatially explicit
conditions such as variation in habitat conservation networks.
Individual-based models allow for the representation of ecological
systems in a manner consistent with the way ecologists view such
systems as operating. That is, emergent properties such as population
increases or declines are the result of a series of effects and
interactions operating at the scale of individuals. Individuals select
habitat based on what is available to them, disperse as a function of
their individual circumstance (age), compete for resources, etc.
Grimm and Railsback (2005) noted that individual-based models need
to be simple enough to be practical, but have enough resolution to
capture essential structures and processes. We are fortunate to have a
tremendous quantity and quality of data available for the northern
spotted owl; the species is therefore ideally suited for a spatially-
explicit, individual-based model, such as HexSim. While not developed
specifically for the northern spotted owl, HexSim (Schumaker 2011) was
designed to simulate a population's response to changing on-the-ground
conditions by considering how those conditions influence an organism's
survival, reproduction, and ability to move around a landscape. We
developed a HexSim spotted owl scenario based on the most up-to date
demographic data available on spotted owls (Forsman et al. 2011),
published information on spotted owl dispersal and home range sizes, as
well as a variety of other parameters. Evaluation and calibration of
the HexSim output included comparison with owl numbers in demographic
study areas and
[[Page 72002]]
dispersal histograms. Based on our assessment of the model, we are
confident it performs as intended, in terms of allowing us to reliably
assess the relative performance of alternative habitat conservation
networks. We further note that the majority of peer reviewers supported
the modeling framework we applied in the identification of critical
habitat for the northern spotted owl.
Comments on Active Forest Management
Comment (44): Five peer reviewers and numerous public commenters
indicated that active forest management should be conducted in areas
that are not currently high value for northern spotted owls and in an
adaptive management framework given the uncertainties regarding how
such management practices will impact northern spotted owls and their
prey.
Our Response: The Service expects to support and design, in concert
with the BLM, USFS, and researchers, scientific studies on the effects
of ecological forestry projects in northern spotted owl critical
habitat, to gain a better understanding of the short-term and long-term
impacts of these silvicultural treatments on northern spotted owls,
their prey and forest vegetative structure. We are currently designing
and funding just such a study through Oregon State University for the
pilot project in the Middle Applegate Watershed. We expect these types
of research studies to inform the design of future ecological forestry
projects within the range of the northern spotted owl.
A key difference between using active adaptive forest management to
evaluate risks associated with ecological forestry and the Service's
ongoing efforts to address risks associated with expanding barred owl
populations is that, for barred owls, a single experiment has the
potential to address many of the most important uncertainties pertinent
to future management, allowing the Service to define a schedule for
progress. Addressing uncertainties about ecological forestry will
likely require multiple research efforts, each tailored to specifics of
different geographic areas and different ecological interactions.
Collaboration among programs, similar to the collaboration supporting
long-term demographic studies of northern spotted owls, will likely be
needed to conduct adaptive management studies of habitat treatments.
Integrative initiatives, such as the USFS's Collaborative Forest
Landscape Restoration Program, may also play an important role.
Adaptive management of ecological forestry techniques will take time,
and will require continuation of the ongoing dialogue between
researchers and forest management practitioners regarding how to
simultaneously meet the goals of forest restoration and northern
spotted owl conservation. Coordination among research projects also
will be essential to generating reliable information about diverse
interactions as efficiently as possible.
Comment (45): One reviewer and a public comment suggested that the
emphasis of management within northern spotted owl critical habitat
should be on ecological restoration rather than ecological forestry.
Our Response: In general, in northern spotted owl critical habitat,
we would like to see land managers consider activities to restore and
maintain northern spotted owl habitat and the natural ecological
processes (e.g., fire regime, natural vegetational succession patterns,
etc.) of the owl's forest ecosystems. However, we also recognize that
ecological restoration, in and of itself, is often not the management
goal of all lands included in critical habitat. This critical habitat
rule does not dictate what land managers do on Federal State, or
private lands. However, in areas where land managers are considering
competing land management goals (e.g., northern spotted owl habitat
conservation vs. commercial timber harvest), we encourage them to
consider an ecological forestry approach to better meet the needs of
the northern spotted owl, the goals of the land managers, and long-term
forest health. As described in the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011), the field of ``ecological forestry''
is emerging as a dominant paradigm of forest management; related to
this emergence are concepts such as ``natural disturbance emulation''
and ``retention forestry'' (see, e.g., Gustafsson et al. 2012, entire;
Franklin et al. 2007, entire; Kuuluvainen and Grenfell 2012, entire;
North and Keeton 2008; Long 2009, entire; Lindenmayer et al. 2012;
entire). The Service believes that application of these ecological
forestry goals and principles, including those generally described in
Johnson and Franklin (2009, entire; 2012, entire), may result, in some
situations, in fewer adverse impacts to northern spotted owl critical
habitat when compared to application of traditional silviculture as
currently applied or permitted on private, State, and Federal matrix
lands.
Comment (46): Several reviewers commented that studies have
demonstrated negative effects of forest thinning on northern spotted
owls and their prey, and expressed concern that negative effects of
these practices may be further exacerbated by barred owls. These
reviewers were uneasy with such types of activities occurring near owl
territories, and recommended that if conducted, these actions be done
at small scales and be subject to rigorous scientific scrutiny.
Our Response: We are not recommending that commercial thinning or
other treatments be conducted near active owl territories or in good
quality owl habitat. We also encourage an active adaptive forest
management approach to improve the understanding about effects of
ecological forestry approaches on northern spotted owl, barred owls,
and other species of concern.
Comment (47): Three reviewers recommended that we give full
consideration to recent publications of Hessburg et al. (2007) and
Baker (2012) for guidance on how to restore and manage dry forests in
the eastern Cascades.
Our Response: Both this final critical habitat rule and the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011) cite Hessburg
et al. (2007, p. 21), and we continue to recommend land managers
consider their findings and recommendations regarding dry forest
management within the range of the northern spotted owl. Since
publication of the proposed critical habitat rule, we have reviewed
Baker (2012, entire) as well as many other recently published studies
addressing forest health and the risk of wildfire in the Pacific
Northwest. We acknowledge some of the conclusions of Baker (2012, p.
21) and Williams and Baker (2012, p. 9) that portions of the dry
forests of the Pacific Northwest experienced high-severity fires as
well as mixed and low-severity fires. However, we also acknowledge the
conclusions of many other researchers that large areas within the range
of the owl that once burned frequently with low-moderate intensity
regimes are currently outside of historical conditions (cited below). A
variety of management measures (e.g., prescribed fire, mechanical
treatment, etc.) can be considered in such areas where the goal is to
influence wildfires to reduce adverse impacts of climate change, manage
forest carbon levels, reduce fire severity and retain desirable forest
conditions (i.e., conserve older trees), or protect high-value wildlife
habitats (including northern spotted owls), riparian areas, and
biodiversity (Davis et al. 2012, entire; Stephens et al. 2009, p.310-
318; Stephens et al. 2012a, p. 12; Stephens et al. 2012b, entire;
Chmura et al. 2012, p. 1134; Syphard et al. 2011,
[[Page 72003]]
p. 381; Safford et al. 2012, pp. 26-27; Roloff et al. 2012, pp. 7-9,
Roberts et al. 2011, p. 617, Messier et al. 2012, pp. 67-70; Franklin
et al. 2008, p. 46; Ager et al. 2007, pp. 53-55).
Such management considerations are completely consistent with the
intent of the NWFP (Standards and Guidelines, p. C-12--C-13). We
continue to recommend that land managers carefully distinguish and
target areas that are high priority for ecological restoration (e.g.,
Franklin et al. 2008, p. 46; Schoennagel and Nelson 2011, entire; Ager
et al. 2012, p. 280), and that they also minimize short-term impacts to
northern spotted owls to the greatest possible extent. We suggest using
a process such as provided by Spies et al. (2012, entire) to help
prioritize actions and consider tradeoffs such as northern spotted owl
conservation, restoration of ecological conditions, and other land
management goals. Given the wide geographic area of this critical
habitat designation and the variety of landscape conditions and fire
regimes, more precise planning and implementation should be done at the
appropriate landscape scales such as the National Forest scale,
consistent with the goals of the Northwest Forest Plan.
Comment (48): One reviewer and a public comment recommended that
the Johnson and Franklin (2009) ecological forestry framework should
not be used because it is based on the wrong reference framework.
Our Response: While we recognize that there is some scientific
disagreement about the specific ecological forestry practices
recommended by Drs. Johnson and Franklin,we believe the commenters may
have misinterpreted our references to this unpublished report. First,
Johnson and Franklin (2009) is only referenced three times in the final
critical habitat rule: Once as a general reference for ecological
forestry, once in relation to how active management is generally not
necessary to maintain old growth conditions in moist forests, and again
to highlight that alteration of fuel loads in moist forest could have
undesirable ecological consequences and thus should be discouraged.
Second, we continue to encourage forest land managers to consider the
application of ecological forestry principles to their commercial
timber harvest (see response to peer review question 4a-c, above), and
we believe that application of these principles in many instances may
result in better long-term ecological conditions for northern spotted
owls and other forest wildlife when compared to the application of
traditional silviculture methods. The methods presented by Johnson and
Franklin (2009) are one example of how ecological forestry can be
applied. We recognize that there are a variety of approaches, and the
best management practices for any area are highly dependent on site-
specific conditions.
Comment (49): One reviewer recommended a zoning process for
determining where active management would be appropriate. Such a zoning
process would include identification of areas where management is not
needed or should be avoided, areas where future habitat could be
enhanced by treatment, and areas where management is needed to meet
broader landscape goals. In addition, monitoring and reporting of
progress towards desired goals is essential if this strategy is to be
successful.
Our Response: The Service supports the concept of land managers
identifying areas where active management would be appropriate on the
lands under their jurisdiction. However, it is not appropriate for this
critical habitat rule to attempt to do this; it should be done by land
managers consistent with their planning procedures. As the reviewer
also suggested, these details will need to be worked out at regional
scales and planning levels (see response to peer review comment 4,
above). Several examples of strategies for prioritizing landscapes for
management treatment in eastern Washington include Davis et al. (2012,
entire) and Franklin et al. (2008, pg. 46).
Comment (50): One reviewer encouraged the Service to recognize the
highly transient nature of grand fir on the eastern Cascades.
Our Response: We have recognized this in the rule. While we did not
explicitly identify all forest types in all regions, we have recognized
the patchy and transient nature of east Cascades forests.
Comment (51): One reviewer asked that we identify which (specific)
ecological processes will be enhanced by management and how management
will be coordinated across large landscapes.
Our Response: We agree that additional guidance and coordination
among management agencies would be helpful to coordinate landscape-
level planning; however, such guidance and coordination is beyond the
scope of this rulemaking. To the extent possible we have provided
additional detail regarding restoration and management of ecological
processes in revisions to the following sections of this rule: An
Ecosystem-based Approach to the Conservation of the Northern Spotted
Owl and Managing Its Critical Habitat, Special Management
Considerations or Protections, and Determination of Adverse Effects and
Application of the ``Adverse Modification'' Standard.
Comment (52): There were a number of general comments about
analysis of fire risk and ecological benefits of contemporary fire
regimes in dry and mixed-severity forests.
Our Response: The issue of forest health and fire risk in the
Pacific Northwest is complex, and there is a wide variety of legitimate
scientific viewpoints on forest management in the face of uncertainty.
Although some scientists do not believe management intervention is
appropriate and advocate a mostly passive (i.e., hands-off) approach to
forest ecosystem management, many others believe science-based
intervention is necessary to restore and maintain important ecological
processes and components of biodiversity, including the northern
spotted owl.
We agree with the majority of scientists who suggest that forest
ecosystems at global, national, and regional levels are undergoing
significant changes due to climate change and past management
activities (Collins et al. 2012, pp. 8-12; Miller et al., 2012, p. 201;
Miller et al., 2009, p. 28; Moritz et al. 2012, entire; Westerling et
al. 2011, p. S459; Marlon et al. 2012, p. E541). Impacts from wildfire,
changes in precipitation, insect and invasive weed outbreaks, and
forest disease appear to be increasing when compared to historic
patterns and are putting some components of native biodiversity at risk
(Perry et al. 2011, p. 712). Although some researchers disagree on the
magnitude of these changes and what to do about them (e.g., Hanson et
al. 2009, p. 5; Baker 2012, p. 21; Williams and Baker 2012, p. 9;
Dillon et al. pp. 18-20), our review of the recent scientific
literature found that most researchers believe that changes in wildfire
frequency, severity, and total burned area are occurring or are
expected to varying degrees in the Pacific Northwest. Most of these
researchers recommend consideration of certain types of active
management responses to achieve goals such as increasing forest
resilience to climate change, conserving extant biodiversity, and
reducing wildfire severity (e.g., Stephens et al. 2009, pp. 316-318;
Safford et al. 2012, pp. 26-27; Messier et al. 2012, p. 69; Hessburg et
al. 2007, entire; Chmura et al. 2012, p. 1134; Stephens et al. 2012b,
pp. 557-558; Fule et al. 2012, p. 76; Halofsky et al., pp. 15-16;
Reinhardt et al. 2008, pp. 2003-2004; Heyerdahl et
[[Page 72004]]
al. 2008, p. 47; Latta et al. 2010; Littell et al. 2009, pp. 1018-1019,
Littell et al. 2010, p. 154; Spies et al. 2010, entire). Several of
these studies identify the potential for degraded ecological conditions
and increased fire risk to affect northern spotted owls (Buchanan 2009,
pp. 114-115; Healey et al. 2008, pp. 1117-1118; Roloff et al. 2012, pp.
8-9; Ager et al. 2007, pp. 53-55; Ager et al. 2012, pp. 279-282;
Franklin et al. 2009, p. 46; Kennedy and Wimberly 2009, pp. 564-565).
We recommend that these issues related to active management in dry
forests be considered by Federal land managers as they follow the
direction on pages C-12 and C-13 of the Northwest Forest Plan Standards
and Guidelines.
Comment (53): One reviewer recommended that the Service prepare a
draft environmental impact statement (DEIS) under NEPA with regard to
active management in northern spotted owl critical habitat.
Our Response: This rule revises the critical habitat designation
for the northern spotted owl by identifying those specific areas that
meet the definition of critical habitat for the species. It does not
take any action or adopt any policy, plan, or program related to active
forest management. The only effect of critical habitat is that Federal
agencies must consult with the Service on their activities that may
affect designated northern spotted owl critical habitat, and our
discussion of active forest management is not intended in any way to
prescribe or mandate the types of activities Federal agencies must
submit for consultation. It is provided only for Federal, State, local,
and private land managers to consider as they make decisions on the
management of forest land under their jurisdictions and through their
normal processes.
Comment (54): One reviewer criticized the proposed rule for
promoting ecological forestry for economic and political reasons rather
than basing recommendations on sound science.
Our Response: We disagree. We have included a discussion of
ecological forestry principles because, in many instances, it may
represent a reasonable and solid scientific approach to managing forest
ecosystems where multiple--and sometimes competing--management goals
need to be reconciled or accommodated (see, e.g., Gustafsson et al.
2012, entire; Franklin et al. 2007, entire; Kuuluvainen and Grenfell
2012, entire; North and Keeton 2008, entire; Long 2009, entire;
Lindenmayer et al. 2012, entire). Our primary goal in this critical
habitat designation is to identify the specific areas that meet the
definition of critical habitat for the northern spotted owl. In
addition, we identify those types of measures that promote the
conservation of critical habitat, identify special management measures
that may be needed within critical habitat, and identify activities
that may affect or adversely modify critical habitat. Our overall
emphasis in this designation is clearly on the maintenance and
restoration of northern spotted owl habitat, but we also provide
general guidance for consideration by land managers on what types of
activities may affect northern spotted owl habitat and how to minimize
the adverse impacts of those activities. Reference to the principles of
ecological forestry as a suggestion for land managers to consider is a
scientifically appropriate way to help achieve this goal, and is
consistent with the recommendations of the Revised Recovery Plan for
the Northern Spotted Owl (USFWS 2011), as well as the Standards and
Guidelines of the NWFP (e.g., USDA and USDI 1994, p. A-1, Standards and
Guidelines, pp. C-12, C-13).
Comment (55): A number of reviewers submitted line-specific edits
and revisions.
Our Response: These revisions have been made to the text, where
appropriate.
Comments From Federal Agencies
Comment (56): The USFS and several public commenters supported the
inclusion of congressionally reserved areas including Wilderness Areas,
National Parks, and similar lands for a variety of reasons, including
accurately reflecting the area contributing toward recovery,
highlighting the conservation value and role of this minimally managed
habitat, and to encourage barred owl and other needed management
activities.
Our Response: National parks, wilderness areas, and similar lands
provide large areas of high-quality habitat for the northern spotted
owl. All congressionally reserved lands (e.g., wilderness areas,
national parks) proposed for designation have been excluded in this
final designation of critical habitat. We agree that such areas play an
important role in the conservation of the northern spotted owl under
their current management. However, their current conservation value is
so great that we could not find any minimal benefits of including them
in that outweighed the relatively minor administrative costs of
including them in critical habitat, therefore the benefits of excluding
them outweighed the benefits of including them. In addition, exclusion
of these lands will have no negative conservation impact on their
future management and they will continue to function as intended for
spotted owl recovery.
Comment (57): The Bureau of Land Management (BLM) and several
public commenters identified specific concerns with the proposed
critical habitat maps, including revisions to land ownership or
management on both public and private land, and questions regarding the
mapping scale and resolution. Several commenters submitted revised or
corrected maps for the Service to consider in developing the final
rule.
Our Response: We thank the commenters for the information provided.
We have replaced the NWFP ownership designations used on the proposed
critical habitat map with an updated BLM ownership map to correct many
errors. In cases where mapping errors may have been made in our
proposed critical habitat, such errors were corrected.
Comment (58): The BLM requested we provide maximum clarity with
regard to the Act's section 7 consultation process in an effort to
reduce the cost and burden of the consultation process.
Our Response: We have provided background and information to help
the Federal action agencies assess whether their projects ``may
affect'' proposed northern spotted owl critical habitat, the standard
to determine whether consultation is required. If further clarification
is needed, the Service is glad to provide action agencies with
technical assistance to help determine whether or not their proposed
action has the potential to affect critical habitat.
Comment (59): The BLM requested additional clarification about how
the proposed critical habitat sought to ``ensure sufficient spatial
redundancy in Critical Habitat within each recovery unit,'' and the
purpose and expectations for these inclusions.
Our Response: In the development of habitat conservation networks,
the intent of spatial redundancy is to increase the likelihood that the
network and populations can sustain habitat losses by inclusion of
multiple populations unlikely to be affected by a single disturbance
event. This is essential to the conservation of the northern spotted
owl because disturbance events such as fire can potentially remove
large areas of habitat with negative consequences for northern spotted
owls. Redundancy provides a type of ``emergency back-up'' system to
sustain populations in the wake of such events. While the modeling and
[[Page 72005]]
evaluation process used by the Service did not formally analyze
redundancy, we incorporated spatial redundancy at two scales: By (1)
making critical habitat subunits large enough to support multiple
groups of owl sites; and (2) distributing multiple critical habitat
subunits within a single geographic region. This was particularly the
case in the fire-prone Klamath and Eastern Cascades portions of the
range.
Comment (60): The BLM provided additional data and mapping layers
as well as an alternative approach for designating critical habitat on
public lands.
Our Response: Through a series of meetings and work sessions, the
Service has reviewed the materials provided by the BLM, and we
evaluated and incorporated many of their suggested changes, where
appropriate and consistent with our criteria for identifying critical
habitat, in developing the final critical habitat designation. Based on
BLM's suggestions, we removed relatively small areas of lower quality
habitat that had been included in proposed critical habitat and added
in relatively small areas of high-quality habitat that improved
connectivity or created larger habitat blocks.
Comments From State Agencies
Comment (61): Washington DFW requested that the rule clarify the
extent to which management actions with short-term negative impacts to
northern spotted owl habitat is consistent with the recovery needs of
the northern spotted owl, particularly in areas of Washington State
where northern spotted owl populations are greatly depressed.
Our Response: Each situation should be considered on a case-by-case
basis, but, generally, actions that have short-term negative impacts
may be consistent with the recovery needs of northern spotted owl when
the intent of the action is (1) to improve long-term conditions for the
species or (2) to improve the overall condition of the ecosystem. It
could be argued either that where populations are greatly depressed
there is more need for these actions or, conversely, that there is less
flexibility to conduct these actions depending on the specifics of the
action and the habitat needs of the owl in that area. These are issues
that must be addressed in consultation and through the level one team
process; assessing that level of detail is beyond the scope of this
rulemaking. We have revised the rule (see section: An Ecosystem-based
Approach to the Conservation of the Northern Spotted Owl and Managing
Its Critical Habitat) to provide additional suggestions regarding what
management actions may benefit northern spotted owls and what actions
are unlikely to do so. Additional guidance is available in the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011).
Comment (62): The Washington Department of Fish and Wildlife
supported a coordinated and strategic management plan for dry forest
landscapes and expressed a need for the critical habitat rule to
consider coordination to implement effective management, reduce
conflict, and explore the possibility of Federal funding for landscape
strategies.
Our Response: The landscape assessment approach for the East
Cascades provides the best basis for development of strategies to
manage dry forest landscapes. Products of the landscape assessment can
be used to describe the rationale for management actions. The Service
is available to work with land managers to assist in the development
and implementation of landscape assessments, but this rule does not
mandate any specific management within the critical habitat network,
which would be beyond the scope of this rulemaking.
Comment (63): Several State and public commenters disagreed with
the need to include private lands (and in some cases State lands) in
the final rule for a variety of reasons. The commenters did not provide
specific information on any particular lands, but provided general
reasons that they thought the broad categories of private and State
lands should be excluded from the final designation, including concerns
of economic issues, uncertainty, private land stewardship, added
regulatory burdens (including a disproportionate burden on small
landowners), reduction in land value, State land overlays, consistency
with existing laws and policy, potential disincentives for conservation
or negative impacts to habitat, the need to maintain partnerships with
landowners, the need to develop incentives for conservation
partnerships, the need to compensate for lack of land use, the need to
focus protections on public lands, the lack of notification of private
landowners by the Service about the proposed rule, concern that
designation penalizes landowners who have retained suitable habitat,
and a lack of need for or benefits from additional protections. One
commenter suggested that Congress intended the Federal agencies to
acquire any private or State lands that are designated as critical
habitat.
Our Response: We recognize that the greatest benefit of critical
habitat may be realized on actively-managed Federal lands, since the
regulatory effect of critical habitat is the requirement that Federal
agencies ensure that any actions that they carry out, fund, or
authorize do not destroy or adversely modify designated critical
habitat. In addition, Federal agencies have a mandate under section
7(a)(1) of the Act to carry out programs for the conservation of
endangered species and threatened species. For these reasons, we looked
first to Federal lands for the critical habitat essential to the
conservation of the northern spotted owl, as described in the section
Criteria Used to Identify Critical Habitat and supporting methodology
(Dunk et al. 2012b).
Section 3(5)(A) of the Act states that critical habitat is defined
as (1) the specific areas within the geographical area occupied by the
species at the time it was listed that provide the physical or
biological features essential to the conservation of the species and
which may require special management considerations or protection; and
(2) specific areas outside the geographical area occupied by the
species at the time it was listed, upon a determination by the
Secretary that such areas are essential for the conservation of the
species. Further, section 4(b)(2) of the Act mandates that such
determinations shall be made on the basis of the best scientific data
available and after taking into consideration the economic impact, the
impact on national security, and any other relevant impact, of
specifying any particular area as critical habitat.
The language of the Act does not restrict the designation of
critical habitat to specific land ownership such as Federal lands;
thus, lands of all ownerships are considered if they meet the
definition of critical habitat. Areas may be excluded from the final
designation if the Secretary finds that the benefits of exclusion
outweigh the benefits of inclusion under section 4(b)(2) of the Act, or
if we determine, based on public comment or other information received
following the issuance of the proposed rule, that such areas do not
meet the definition of critical habitat (for example, areas that were
occupied at the time of listing but do not provide the essential
physical or biological features, or areas that may not have been
occupied at the time of listing and were proposed for designation, but
are not essential to the conservation of the species).
As described in the proposed rule (March 8, 2012; 77 FR 14076, p.
14099), we evaluated critical habitat scenarios that prioritized
Federal lands first as well as scenarios without regard to land
ownership in determining what is
[[Page 72006]]
essential to the northern spotted owl. In all cases, if the scenarios
under consideration provided equal contribution to recovery, we chose
the scenario that prioritized publicly owned lands. State and private
lands were included only if they were essential to the conservation of
the species (i.e., were determined to have been occupied at the time of
listing and contain the physical or biological features essential to
northern spotted owl conservation or may have been unoccupied at the
time of listing but are essential to the conservation of the owl).
However, based on information received during the public comment
period, in several cases we refined the critical habitat boundaries to
remove areas of private lands that we determined do not meet the
criteria and therefore do not meet the definition of critical habitat.
In other instances, the Secretary has chosen to exert his discretion to
exclude lands, including private lands, based on a careful weighing and
balancing of the benefits of inclusion versus the benefits of
exclusion, as provided in section 4(b)(2) of the Act, including
consideration of conservation agreements, such as HCPs or SHAs, and the
Service's desire to support existing and effective State conservation
programs (see Exclusions). However, such exclusion does not indicate
that these areas are not essential for the conservation of the species,
only that the benefits of exclusion outweigh those of inclusion.
We retained some State-owned lands in all three states included in
this critical habitat designation. In general we retained these lands
because we found they provided essential contributions to the
conservation of spotted owls, especially in terms of complementing the
distribution of habitat on Federal lands or filling gaps in Federal
ownership. We also found that the benefits of inclusion associated with
public education and raising State and local agency awareness of the
conservation needs of spotted owls outweighed anticipated minor
increases in regulatory requirements, when Federal involvement
occurred. See Changes from the Proposed Rule for more information on
State lands retained in the final critical habitat designation.
The Service does not compensate private or State landowners for
perceived limitations on land use associated with critical habitat
designation. Designation of private or other non-Federal lands as
critical habitat has no regulatory impact on the use of that land
unless there is Federal involvement in proposed management activities.
Identifying non-Federal lands that are essential to the conservation of
a species alerts State and local government agencies and private
landowners to the value of habitat on their lands, and may promote
conservation partnerships. There is no indication that Congress
intended the Service to acquire all private and State property that is
essential to the conservation of listed species and designated as
critical habitat.
We provided advance public notice of the proposed rule to revise
critical habitat for the northern spotted owl through several avenues.
Notice was provided with publication of the proposed rule in the
Federal Register on March 8, 2012 (77 FR 14062) as well as through
numerous local press releases at that time. In addition, notice of
public information meetings in each of the three States affected by the
proposed rule, as well as a public hearing, was published in the
Federal Register on May 8, 2012 (77 FR 27010) and again on June 1, 2012
(77 FR 32483); the meetings and hearing were also announced in
newspapers of local circulation in the affected areas.
Comment (64): Numerous commenters (State and public) requested that
the final rule exclude lands already covered by conservation
agreements, such as habitat conservation plans and safe harbor
agreements, for a variety of reasons, including concerns about
additional or duplicative Federal overlays and regulatory burdens, a
lack of need for inclusion, policy consistency, the potential for
designation to jeopardize existing agreements or remove incentives for
additional conservation, and a recognition of the past conservation
benefits of these voluntary agreements. In addition, it is argued that
there is no need for an additional Federal overlay on lands that
already have conservation designations or governing regulations such as
parks, wilderness areas, HCPs, SHAs, and State forest practices rules.
Our Response: Please see our response to Comment (63), above. As
described, we individually evaluated each conservation agreement in
place within the proposed critical habitat designation, including State
and private lands with HCPs, SHAs, conservation easements, or other
established conservation partnerships. Following a careful weighing of
the benefits of exclusion versus inclusion, the Secretary has chosen to
exert his discretion to exclude lands covered by such agreements. In
addition, the Secretary has chosen to exclude all congressionally-
reserved natural areas (wilderness areas, national parks), State parks,
and private lands from the final designation. Please see the Exclusions
section of this document for details of the analyses that led to the
exclusion of these areas from the final designation.
Comment (65): Numerous State commenters (CALFIRE, Oregon Department
of Forestry, Washington Department of Fish and Wildlife, Washington
Department of Natural Resources), Federal (USFS, BLM), and public
commenters disagreed with the need to include public lands including
Federal lands (e.g., ``matrix'' land, adaptive management areas,
experimental forests, O&C Lands, and congressionally reserved
wilderness areas, national scenic areas, and national parks), State
lands (e.g., State parks, State forests, State forest trust lands), and
county lands in the final rule for a variety of reasons, including
additional and redundant regulatory burdens and requirements, economic
and social impacts, potential inconsistency with existing laws and
policy, existing protections, a lack of additional conservation
benefits, limits on research or needed management activities (e.g.,
fuel reduction, restoration, or insect control), mapping errors,
insufficient justification supporting inclusion, and potential
disincentives for preserving habitat.
On the other hand, numerous commenters (both from other State
agencies, as well as the public) supported the inclusion of public
lands including Federal lands, State lands, tribal lands, and county
lands for a variety of reasons, highlighting the conservation the value
of this habitat, consistency with the best available science, the need
for increased protections in some lands, and the realization there
would be limited to no impacts to management.
Our Response: The critical habitat designation includes those lands
that meet the definition of critical habitat in the Act, and which the
Service has determined are essential to provide for the conservation of
the northern spotted owl. In designating these lands, we have further
considered their ownership, management, contribution to northern
spotted owl conservation, existing protections, economic impacts, and
other relevant factors, and determined it is appropriate and necessary
to include them in the final critical habitat network to best ensure
successful northern spotted owl conservation.
Where possible we prioritized the inclusion of Federal lands over
other land ownerships, but where Federal lands were sparse or
nonexistent we incorporated other ownerships in order
[[Page 72007]]
to design and designate an effective critical habitat network. As noted
in our response to Comment 64, in cases where our analysis of the
benefits of exclusion outweighed those of inclusion, such as when
conservation agreements and partnerships have been developed with the
Service, we have excluded State or other public lands from the final
designation (see Exclusions).
Our proposed rule (77 FR 10462; March 8, 2012) identified several
different possible outcomes of that proposed revision, depending on
various areas considered for exclusion. Among the exclusions of public
lands under consideration were all congressionally-reserved natural
areas and all State lands. Of the congressionally-reserved natural
areas under consideration, we have excluded all congressionally-
reserved natural areas and State Parks from this final designation (see
Exclusions). In addition, private lands were also excluded, following a
careful analysis of the benefits of inclusion versus exclusion. In
other cases, lands were retained in the final designation for a variety
of reasons; for lands that were considered or proposed for exclusion,
but not excluded in this final designation, those decisions are
described in the section Changes from the Proposed Rule.
We recognize the concern over the inclusion of certain Federal
lands in the designation of critical habitat for the northern spotted
owl, and particularly of lands in the matrix land use allocation or the
O&C lands. As described in the section Criteria Used to Identify
Critical Habitat and elsewhere in this rule, we looked to Federal lands
first for the conservation of the northern spotted owl, in part because
Federal agencies have a statutory mandate to contribute to the
conservation of listed species. Secondly, because the protections of
critical habitat are triggered only in the case of a Federal nexus,
those protections are always in place on Federal lands; thus the
benefit of including Federal lands in critical habitat can potentially
be significant. Finally, we only included lands in the designation if
they meet the definition of critical habitat; that is, if they play a
truly essential role in the conservation of the species. In some areas,
for example the O&C lands, our modeling results indicated that those
Federal lands make a significant contribution toward meeting the
conservation objectives for the northern spotted owl in that region,
and that we cannot attain recovery without them. Likewise, in addition
to our modeling results, peer review of both the Revised Recovery Plan
for the Northern Spotted Owl (USFWS 2011) as well as our proposed rule
to revise critical habitat, suggested that retention of high quality
habitat in the matrix is essential for the conservation of the species.
Population performance based on reserves under the NWFP, for example,
fared very poorly compared to this final designation of critical
habitat. As described in the section Changes from the Proposed Rule, we
tested possible habitat networks without many of these matrix lands,
which resulted in a significant increase in the risk of extinction for
the northern spotted owl.
Similarly, for the reasons outlined above, we have retained
experimental forests on Forest Service lands in critical habitat. This
designation includes areas within seven Forest Service experimental
forests: H.J. Andrews Experimental Forest, Pringle Falls Experimental
Forest, South Umpqua Experimental Forest, and Cascade Head Experimental
Forest in Oregon; Wind River Experimental Forest and Entiat
Experimental Forest in Washington; and Yurok Redwood Experimental
Forest in California. Three of these seven experimental forests are
already included in the 2008 critical habitat designation. Our
evaluation of these seven experimental forests demonstrates that these
areas contain high value occupied habitat for northern spotted owls
within their borders. In many cases, the habitat in these experimental
forests represents essentially an island of high value habitat in a
larger landscape of relatively low value habitat; this is especially
true in the Coast Range, a region where peer reviewers particularly
noted a need for greater connectivity and preservation of any remaining
high quality habitat. These considerations, in conjunction with the
inherent benefits of critical habitat on Federal lands, described
above, lead us to conclude that there are significant benefits to the
inclusion of these experimental forests in critical habitat. As
discussed earlier in this document, we recognize the valuable role of
these experimental forests, and we encourage continued research and
adaptive management on these forests. All of these forests are occupied
by the northern spotted owl and we are already consulting with the
Forest Service in these areas under the jeopardy standard. The
incremental impact of critical habitat is therefore limited to the cost
of consultation for the additional adverse modification analysis and
any potential project modifications to avoid adverse modification or
destruction, if needed; we did not consider the benefit of avoiding
these costs through exclusion to outweigh the benefits of inclusion for
these areas. As noted in this document, we fully support the research
activities in these experimental forests and intend to continue working
cooperatively with the Forest Service to ensure the successful
continuation of their scientific mission in these areas.
In sum, the best scientific information available indicates that
the Federal lands we have included in this final designation are
essential to the conservation of the species, and we have retained such
areas in the final designation.
Comment (66): Several State and public commenters noted that the
northern spotted owl critical habitat designation includes areas of
younger forest that may not include the PCEs, and questioned whether
this was an artifact of the modeling process or an intentional
inclusion of lands for the future development of PCEs and expansion of
the northern spotted owl population, as stated in the rule.
Our Response: The essential conservation goal of the critical
habitat network is to provide for a stable or increasing northern
spotted owl population trend, which we determine will result from, in
part, the retention of existing high-value habitat and the development
of additional habitat to support more northern spotted owls than
currently exist. Some areas of younger forest that do not currently
contain all of the PCEs are essential for this purpose. In such cases,
we evaluated these areas as if they were unoccupied at the time of
listing, and included them in the designation only if we determined
that they are essential to the conservation of the species.
Comment (67): Several commenters (State and public) identified
specific concerns with the proposed critical habitat maps, including
revisions to land ownership or management on both public and private
land, noting the inadvertent inclusion of some lands that did not meet
the definition of critical habitat and questions regarding the mapping
scale and resolution. Several commenters submitted revised or corrected
maps for the Service to consider in developing the final rule.
Our Response: We thank the commenters for the information provided.
Numerous edits and changes were made to the maps in the final rule,
where appropriate, including assessment of specific lands identified to
determine whether they met the definition of critical habitat. For
example, in the State of Washington, we determined that many small
woodlot
[[Page 72008]]
owners possess lands that do not provide the PCEs for the northern
spotted owl, or that the lands initially identified in the proposed
rule are too fragmented or isolated to be essential to the conservation
of the species (see Comment (107)); such lands were removed from the
final designation because they do not meet the definition of critical
habitat. In several cases, landowners contacted us and asked for the
exclusion of their lands, but we determined that those landowners were
not included in the proposed critical habitat. In some cases, changes
have been addressed narratively (e.g., the clarification that no
private lands in Oregon met the definition of critical habitat and,
therefore, were not included in the proposed rule and are not included
in the final designation). In cases where mapping errors may have been
made in our proposed critical habitat, such errors were corrected.
Comment (68): Several State, Federal (USFS and BLM), and public
commenters requested clarification on the implementation of, or
modification of, the 500-ac (200-ha) circle we recommended for
assessing the effects of an action to critical habitat.
Our Response: Based on both public and agency comment and requests
for clarification, the final rule does not identify the 500-acre (200-
ha) circle as a recommended scale for determining the effects of an
action, but does reference it as a potentially useful scale that could
be used in the section 7consultation process. How to best apply it, or
other potential scales, will be determined during the consultation
process initiated by Federal action agencies proposing projects that
may affect areas designated as critical habitat by this rule.
Comment (69): Several State and public commenters questioned the
relationship of the impact of barred owl competition on the northern
spotted owls, and amount of habitat needed in the critical habitat
designation and whether recovery can be achieved without addressing the
impacts of the barred owl. Some of these commenters believe barred owl
management should occur prior to designation of additional critical
habitat areas.
Our Response: The survival of northern spotted owls depends in
large part on the protection of habitat. This protection remains
crucial to the recovery of the northern spotted owl regardless of
whether barred owls are present or not. However, given that barred owls
and northern spotted owls are now occupying similar habitats, it is
essential to maintain sufficient habitat that meets the needs of
northern spotted owls. The extent to which northern spotted owls
persist (sometimes undetected) on areas with high barred owl densities
is unclear; however, with a second species competing for similar
habitat, providing more of that habitat is predicted to increase the
ability for northern spotted owls to persist in the presence of barred
owls. We identified critical habitat for the northern spotted owl with
this essential need in mind. The potential management of barred owls is
beyond the scope of this rulemaking, which is limited to the
identification of critical habitat for the northern spotted owl. If
management of barred owls is implemented and assessed, as is currently
occurring under a separate process, the Service may reconsider this
critical habitat designation and revise as appropriate.
Comment (70): Two comments suggested the definition of northern
spotted owl habitat and patterns of habitat use were inadequate.
Our Response: Northern Spotted owls require areas that are
primarily closed canopy with sufficient roost sites and small mammal
populations to provide prey. Descriptions of these habitats vary across
the range of the species, beyond the simple categories of moist and dry
forest, making a specific definition at the landscape scale
problematic. In developing the final critical habitat designation for
the species, we have provided what we believe are the most specific and
useful descriptions of the PCEs for northern spotted owls possible,
based on the best scientific information available at this time. We
have and will continue to seek new, more detailed information on
habitat use over time.
Comment (71): A number of comments (State and public) encouraged an
ecosystem approach to land management.
Our Response: The designation of critical habitat for the northern
spotted owl is consistent with the NWFP and the Revised Recovery Plan
for the Northern Spotted Owl (USFWS 2011), both of which take an
ecosystem approach to management and recovery actions. The requirement
of any such management approach, however, is beyond the scope of this
rulemaking, which is limited to the identification of critical habitat
for the northern spotted owl.
Comment (72): Several comments (State and public) suggested
approaches that provide incentives for landowners to conserve habitat.
Our Response: The Service administers several programs promoting
incentive-based conservation efforts on non-Federal land (e.g., Safe
Harbor Agreements, Habitat Conservation Plans, and Partners for Fish
and Wildlife agreements). We highly encourage landowners to explore
opportunities to participate in these and other conservation programs.
Comment (73): The Washington Department of Natural Resources
suggested the Service better align designated critical habitat with the
agency's management objectives, to more efficiently manage for northern
spotted owl conservation.
Our Response: California, Oregon, and Washington have their own
natural resource management paradigms; we intend to work with each
State within the context of their management objectives to protect
northern spotted owl critical habitat and work together toward the
recovery of the species.
County Comments
Comment (74): Jefferson County, Washington, requested that we apply
critical habitat protections to a considerable amount of owl habitat,
and suggested considering additional habitat designations between the
Olympics and the Cascade Mountains, in order to increase connectivity
and ensure owl recovery.
Our Response: In our process of identifying areas that meet the
definition of critical habitat for the northern spotted owl, we
identified a critical habitat network that provides the essential life-
history functions for the northern spotted owl, including demographic
support and connectivity between populations. Our modeling results
indicate the spatial extent of the critical habitat designation
throughout the range, including between the Olympic Peninsula and the
Western Cascades in Washington is sufficient to meet essential recovery
requirements. Other areas outside the designation, such as those
suggested by the county, do not meet the definition of critical habitat
because they are not essential to the conservation of the species, even
though we agree with the county that these lands are important and will
increase connectivity.
Comment (75): Wasco County, Oregon, commented that it was in the
interest of the community to minimize regulatory burdens from
designated critical habitat.
Our Response: We recognize that the designation of critical habitat
is often perceived as a potential regulatory burden. However, we wish
to reiterate that the regulatory effect of critical habitat is the
requirement for Federal agencies to consult with the Service on actions
they carry out, fund, or authorize that may affect the designated
critical habitat of threatened species or
[[Page 72009]]
endangered species. Critical habitat does not directly impose
regulatory restrictions on State land managers or on private landowners
where there is no such Federal nexus. We do not believe the designation
of critical habitat will result in a significant regulatory burden on
Federal land activities because of (1) the cooperative nature of our
consultation process under the Act with the Forest Service and BLM, and
(2) because of the existing requirement that these agencies have to
consult on the effects of proposed actions on northern spotted owls.
Our approach was to design a critical habitat network that provides for
essential northern spotted owl recovery needs but designate as small an
area as possible, and to rely primarily on public lands. We have
excluded all congressionally-reserved natural areas (wilderness areas,
national parks), State parks, and private lands from this final
designation of critical habitat.
Comment (76): Del Norte County, California, expressed concern that
the proposed critical habitat designation will create a regulatory
hurdle that will impede the construction of vital infrastructure
projects (roads, bridges, power lines, and other utilities).
Our Response: Chapter 7 of the DEA discusses the potential economic
impacts to road and bridge construction and maintenance, and
installation and maintenance of power transmission lines and other
utility pipelines. The analysis concludes that all potential
conservation efforts associated with linear projects are expected to
result from the presence of the northern spotted owl, not the
designation of critical habitat, and are thus considered baseline
impacts (see paragraphs 315 through 320 of the DEA). Incremental costs
attributable to critical habitat are limited to the administrative
costs of additional staff time spent by Federal agency staff and the
Service to include critical habitat effects analyses in the section 7
consultation on these projects. Therefore, we do not believe that the
designation of critical habitat for the northern spotted owl will
result in significant regulatory burden to these projects.
Comment (77): Del Norte County, California; Wasco County, Oregon;
and Klickitat and Skamania Counties, Washington, requested exclusion of
all lands including Federal, State, and private lands within these
counties in the final rule. They expressed concern regarding economic
issues, a lack of appropriate northern spotted owl habitat within the
counties, a lack of evidence that including these lands would actually
help the species recover or avoid extinction, and a lack of need for or
benefits from additional protections due to existing standards and
guidelines.
Our Response: The critical habitat designation includes those lands
the Service determined are essential to provide for the conservation of
the northern spotted owl through a state-of-the-art modeling process
that incorporated the latest expert knowledge on the habitat needs of
northern spotted owls. In designating these lands we have considered
their ownership, management, contribution to northern spotted owl
conservation, existing protections, economic impacts, etc., and
determined it is appropriate and necessary to include them in the final
critical habitat network to best ensure successful northern spotted owl
conservation. Each of these counties contains habitat that supports
northern spotted owl populations that are essential to the conservation
of the species.
We recognize that the greatest benefit of critical habitat is
realized on Federal lands since the regulatory effect of critical
habitat is the requirement that Federal agencies ensure that any
actions that they carry out, fund, or authorize do not destroy or
adversely affect designated critical habitat. In addition, Federal
agencies have a mandate under section 7(a)(1) of the Act to carry out
programs for the conservation of endangered species and threatened
species. For these reasons, we looked first to Federal lands for the
critical habitat essential to the conservation of the northern spotted
owl, as described in Criteria Used to Identify Critical Habitat, above,
and supporting methodology (Dunk et al. 2012b).
Section 3(5)(A) of the Act states that critical habitat is defined
as (1) the specific areas within the geographical area occupied by the
species at the time it was listed that contain the physical or
biological features essential to the conservation of the species and
which may require special management considerations or protection; and
(2) specific areas outside the geographical area occupied by the
species at the time it was listed, upon a determination by the
Secretary that such areas are essential for the conservation of the
species. Further, section 4(b)(2) of the Act mandates that such
determinations shall be made on the basis of the best scientific data
available and after taking into consideration the economic impact, the
impact on national security, and any other relevant impact of
specifying any particular area as critical habitat.
The language of the Act does not restrict the designation of
critical habitat to specific land ownership such as Federal lands;
thus, lands of all ownerships are considered if they satisfy the
scientific criteria indicating that they meet the definition of
critical habitat for the specific species. Areas may be removed from
the final designation should the Secretary exercise his discretion to
exclude such areas subsequent to a weighing of the benefits of
exclusion versus inclusion under section 4(b)(2), or if we should
determine, based on public comment or other information received
following the issuance of the proposed rule, that such areas do not
meet the definition of critical habitat (for example, areas that were
occupied at the time of listing but do not provide the essential
physical or biological features, or areas that may not have been
occupied at the time of listing and were proposed for designation, but
are not essential to the conservation of the species).
As described in the proposed rule (March 8, 2012; 77 FR 14076, p.
14099), we evaluated critical habitat scenarios that prioritized
Federal lands first as well as scenarios without regard to
landownership. In all cases, if the scenarios under consideration
provided equal contribution to recovery, we chose the scenario that
prioritized publicly owned lands. State and private lands were included
only if they were essential to achieve conservation of the species
after considering the contribution of Federal lands. Based on
information received during the public comment period, in several cases
we refined the critical habitat boundaries to remove areas of private
lands that do not meet our criteria for critical habitat (for example,
new information indicating that the areas in question lack the PCEs,
due to recent timber harvest, stand-replacing fires, or other such
events). In others, the Secretary has chosen to exclude lands from the
designation. In such cases, exclusion does not signal a determination
that these areas are not essential to the conservation of the species,
but only that the Secretary has determined that the benefits of
exclusion outweigh those of inclusion. All congressionally-reserved
natural areas (wilderness areas, national parks), State parks, and
private lands have been excluded from this final designation of
critical habitat for the northern spotted owl (see Exclusions).
We reduced critical habitat in all four of these counties across
all ownerships as we refined our proposal. In response to comments, we
used additional information sources to very carefully identify and
retain areas that were best suited to meeting the unique
[[Page 72010]]
conservation needs for northern spotted owl conservation that are
associated with the geographic location of these counties.
The Columbia River, which forms the southern boundaries of Skamania
and Klickitat counties, presents a formidable obstacle to dispersal of
northern spotted owls. Maintaining demographic exchange between
northern spotted owl populations in Washington and Oregon requires both
maintenance of a robust population of potentially dispersing owls, and
quality habitat as near to the Columbia River as possible to increase
the likelihood of dispersing owls successfully crossing the river.
Critical habitat in Skamania and Klickitat counties plays a key role in
preventing the demographic isolation of Washington spotted owls, and
preventing isolation is widely recognized as an essential feature of
sustaining wildlife populations. The designated lands in Wasco County,
Oregon, contribute to this cross-Columbia River connection, as well as
providing sites for northern spotted owl reproduction. In Del Norte
County, California, designated lands contribute to demographic support
to the overall northern spotted owl population, but also function for
connectivity across the landscape and for habitat that can be colonized
by young owls. In short, the designated lands in all these counties are
part of a network that supports northern spotted owl sites for
reproduction, habitat available for colonization by young, and habitat
that connects populations across the range of the species, all of which
are, in concert, essential to provide for the conservation of the
species.
Our economic analysis indicated that Del Norte and Skamania
counties may be more sensitive to future changes in timber harvests,
industry employment, and Federal land payments, due to recent
socioeconomic trends. Timber harvest changes related to critical
habitat designation are one potential aspect of this sensitivity.
Between 1989 and 2009, timber industry employment declined by 70
percent or more in Del Norte and Skamania counties. These counties also
experienced the greatest declines in timber harvests and timber
industry employment. Skamania County is also highly reliant on Federal
payments to counties, with these payments representing between 26 and
50 percent of total revenues. We considered all these factors while
evaluating comments from these counties.
The potential impact of the designation of critical habitat on
timber harvest levels, and whether that change will be positive or
negative, is uncertain. Therefore, how critical habitat designation may
impact the timber industry in terms of future harvest levels,
employment, and revenue-sharing payments to counties is also uncertain.
As outlined in the economic analysis timber harvest may increase,
decrease or stay substantially the same as recent timber harvest levels
depending on how the Forest Service and BLM decide to manage their
lands within the designation. Furthermore, timber industry employment
is affected not only by harvest trends but also by fluctuations in
national and international markets; changes in land ownership; and
increasing mechanization and productivity in the industry. Our economic
analysis also indicated the potential for beneficial economic and
ancillary effects of spotted owl conservation due to critical habitat
designation, but monetizing effects such as improved water quality and
aesthetic improvements remains challenging. Finally, our analysis of
the incremental impacts of critical habitat designation suggested that
the annual administrative costs associated with designation were likely
to be relatively low.
Our weighing of the relative benefits of inclusion in critical
habitat integrated (1) the relative sensitivity of counties to economic
impacts associated with critical habitat designation, (2) uncertainty
regarding potential economic effects, (3) our expectation that
incremental administrative costs may be minor, and (4) modeling results
that indicated essential conservation functions of habitat in these
counties. Based on these factors the Secretary has chosen not to exert
his discretion to exclude these lands from critical habitat.
Comment (78): Del Norte County, California, requested that the
Service exclude all congressionally reserved areas from critical
habitat.
Our Response: All congressionally reserved natural areas have been
excluded from this final designation of critical habitat, as described
in the Exclusions section of this document.
Comment (79): One commenter stated that the O&C Act limits the
authority of the Service in designating critical habitat.
Our Response: The O&C Act (pertaining to lands in Oregon and
California) does not limit the Service's authority to designate
critical habitat for the northern spotted owl. The designation of
critical habitat is not a land use allocation and does not impose
management prescriptions. Under section 7(a)(2) of the Act, each
Federal agency must insure that any action authorized, funded, or
carried out by the agency is not likely to jeopardize the continued
existence of any endangered or threatened species or result in the
destruction or adverse modification of the designated ``critical
habitat'' of the species. 16 U.S.C. 1536(a)(2). To help action agencies
comply with this provision, section 7 of the Act and the implementing
regulations set out a detailed consultation process for determining the
impacts of a proposed activity on species listed as threatened or
endangered, or its designated ``critical habitat.'' 16 U.S.C. 1536; 50
CFR part 402. In Seattle Audubon Society v. Lyons (``Lyons''), 871 F.
Supp. 1291 (W.D. Wash. 1994), the district court held that ``the O&[C
Act] does not allow the BLM to avoid its conservation duties under NEPA
or the Act * * *'' Id. at 1314. The critical habitat designation does
not preclude the sustained-yield timber management of O&C lands
consistent with the above requirements of the Act.
Comment (80): One commenter stated that the Service failed to
explain why revising the designation of critical habitat for the
northern spotted owl is ``exempt'' under sections 2 and 3 of the
Executive Order 13132 on Federalism.
Our Response: We have complied with E.O. 13132 by explaining why
the rule does not have federalism implications, impose substantial
direct compliance costs on State and local governments, or preempt
State law so that a federalism summary impact statement pursuant to
section 6 of the executive order is not required. The designation of
critical habitat directly affects only the responsibilities of Federal
agencies through section 7(a)(2) of the Act. The Act does not directly
impose other duties with respect to critical habitat on either States
or local governments and as a result does not have substantial direct
effects on the States and local governments, the relationship between
the national government and the States, or the distribution of powers
and responsibilities among the various levels of government. Sections 2
and 3 of E.O. 13132 set out Fundamental Federalism Principles and
Federalism Policymaking Criteria, respectively. Within the framework of
the Act, which requires the Service to designate critical habitat to
the maximum extent prudent and determinable, we have adhered to the
concepts discussed in these sections. For example, even though the rule
does not have federalism implications, we strongly urged the States and
county governments to provide comments to us and provided
[[Page 72011]]
them an additional period for comment to ensure they had an opportunity
for thorough review. Our economic analysis examined potential indirect
impacts of the rule on all who may participate in section 7
consultations, and that was available for comment by the States and
counties as well. In addition, we have also taken into account State
law protections for northern spotted owl critical habitat in our
decisions whether to exclude areas under section 4(b)(2) of the Act.
Comment (81): Several counties, including Del Norte County,
California, and Wasco County, Oregon, expressed concerns about the
impact of barred owls on the northern spotted owl, and questioned
whether recovery can be achieved without addressing the impacts of the
barred owl. Some of these commenters believe barred owl management
should occur prior to designation of additional critical habitat areas.
Our Response: The survival of northern spotted owls depends in
large part on the protection of habitat--this protection remains
crucial to the recovery of the northern spotted owl regardless of
whether barred owls are present or not. Given that barred owls and
northern spotted owls are now occupying similar habitats, it is
essential to maintain sufficient habitat that meets the needs of
northern spotted owls. The extent to which northern spotted owls
persist (sometimes undetected) on areas with high barred owl densities
is unclear. With a second species competing for similar habitat,
providing more of that habitat may increase the ability for northern
spotted owls to persist in the presence of barred owls. If management
of barred owls is implemented and assessed, the Service may reconsider
this critical habitat designation and revise as appropriate.
In our separate actions investigating possible barred owl
management, we can, and are, modeling some approaches with and without
barred owl competition effects on the northern spotted owl, and will
continue to do so as new information becomes available. Recent research
(Wiens 2012) indicates that population performance of both northern
spotted owls and barred owls is greatest when high-quality habitat is
most abundant, and most peer reviewers supported the approach of
conserving more habitat to help offset the impact of the barred owl on
the northern spotted owl.
County Comments on Active Management and Fire Management
Comment (82): Several counties including Wasco County, Oregon, and
Del Norte County, California, requested that the Service promote active
management activities within critical habitat to reduce fire risk and
reduce fuels, and raised the concern that critical habitat designation
could reduce or delay the ability of land managers to manage fuels and
thus increase risks from wildfire.
Our Response: This rule does not establish management prescriptions
for lands designated as critical habitat. However, the Service has made
considerable effort to discuss, for the benefit of land managers,
potential approaches to active forest management in dry forests,
including actions that manage fuels and restore ecosystem health. We
encourage land managers to consider active management of their forests
that balances short-term impacts with long-term beneficial effects that
ultimately support long-term conservation of the northern spotted owl.
In dry forests, this could include using a landscape assessment
approach to improve the estimation of effects of management actions on
northern spotted owl habitat and to better identify and prioritize
areas for treatments. The assessment may be used to provide support and
rationale for treatment, especially in areas where active forest
management actions appear to be in conflict with the conservation of
high-value northern spotted owl habitat.
The draft economic analysis (DEA) addressed the potential impacts
of critical habitat on fire management in Chapters 4 and 8. In Chapter
4, the DEA discussed the fact that ecological fire salvage activities
could result in incremental economic effects. Due to data limitations
and fire location uncertainty, however, these effects were not
quantified. In the benefits discussion in Chapter 8, the DEA recognized
that it is possible that the designation could result in increased
resiliency of timber stands associated with improved timber management
practices, such as thinning, partial cutting, and active adaptive
forest management and monitoring. These efforts may reduce the threat
of catastrophic events such as wildfire, drought, and insect damage.
This in turn may generate benefits in the form of reduced property
damage.
Comment (83): Jefferson County, Washington, encouraged the Service
to determine adverse modification at a finer scale, such as the owl's
home range.
Our Response: The final rule establishes that the scale of the
adverse modification determination will be ``the entire designated
critical habitat, as described below, with consideration given to the
need to conserve viable populations within each of the physiographic
provinces identified in the Revised Recovery Plan (USFWS 2011, Recovery
Criterion 2).'' The Service believes the entire designated critical
habitat is the appropriate scale for this analysis because our
determination is whether implementation of the Federal action would
preclude the critical habitat from serving its intended conservation
function or purpose. That conservation role of critical habitat is to
conserve the listed species throughout its range, which is closely
aligned with the entire critical habitat designation. Therefore, the
entire designation is the most appropriate scale for the adverse
modification determination. However, a proposed action that compromises
the capability of a subunit or unit to fulfill its intended
conservation function or purpose (e.g., demographic, genetic, or
distributional support for spotted owl recovery) could represent an
appreciable reduction in the conservation value of the entire
designated critical habitat.
Comment (84): Wasco County, Oregon, requested that the Service do
an Environmental Impact Statement to ensure a full analysis of the
effects of the critical habitat designation has been done, including a
fuller picture of potential economic and social impacts.
Our Response: The critical habitat proposal was fully compliant
with NEPA. Economic and social effects are not intended by themselves
to require preparation of an environmental impact statement. 40 CFR
1508.14. We have determined, for the reasons contained in our Finding
of No Significance, that an environmental impact statement is not
necessary.
Comment (85): Klickitat County, Washington, asserts that the
Service has not adequately considered ``forest vulnerabilities'' and
potential economic impacts to local communities, and is inconsistent
with the Presidential Memorandum to the Secretary of the Interior dated
February 28, 2012.
Our Response: We disagree with the assertion that the Service has
not adequately considered ``forest vulnerabilities'' in this
designation of critical habitat. If we correctly understand ``forest
vulnerabilities'' to include all those natural and human induced
disturbance processes that have the potential to change the structure
and function of forests, these factors played a prominent role in our
entire approach to this designation. We believe this rule, along with
the Revised Recovery Plan for the Northern Spotted Owl, provides
[[Page 72012]]
a thorough explanation of how past management and future disturbance
can affect habitat quality for spotted owls, and especially how
ecological forestry might be used to manage these effects.
The purpose of the economic analysis is to provide the Secretary of
the Interior with information to consider potential economic impacts
and analyze whether the benefits of excluding a particular area may
outweigh the benefits of including that particular area as critical
habitat based on potential disproportionate economic impacts. Chapter 6
of the FEA provides a detailed socioeconomic profile of each of the 23
counties (including Klickitat County, Washington) containing proposed
critical habitat subunits. The analysis presents data on the percent
change in timber production between 1990 and 2010 for each county, and
on the percent growth of annual industry employment between 1989 and
2009 for each county. In addition, the analysis presents data on
Federal land payments to each of the 23 counties as a percent of the
total local government revenue in FY 2009, demonstrating the relative
importance of these funds to each County's budget. We find the
information provides sufficient context for understanding relative
economic circumstances and the potential incremental impacts of the
designation to local communities across the designation.
The section ``Consistency with Presidential Directive'' in our
Executive Summary describes how we have addressed the points raised in
President Obama's Memorandum of February 28, 2012.
Comment (86): Jefferson County, Washington, encouraged the Service
to consider the effects of critical habitat designation on ecosystem
services, such as drinking water, hunting and fishing, carbon storage,
and erosion and flood control.
Our Response: The Service recognizes that much attention has been
paid nationally and globally to valuing ecosystem services provided by
landscapes. Published, peer-reviewed studies provide information on
values of multiple categories of ecosystem services (e.g., agricultural
production, water quality regulation, carbon storage and sequestration,
recreation, aesthetic values, etc.) across a variety of land use types
(e.g., wetlands, forests, etc.). Over the past 20 years, multiple
studies have relied on this literature to develop large-scale benefits
transfer analyses in order to estimate a total value of a parcel of
land, a watershed, a State, or even the planet (e.g., Costanza 1997, as
described in the comment letter). We believe that improving native
ecosystems is a benefit to the species that rely on them, is consistent
with the goal of the Act and will improve all these ecosystem
functions.
Public Comments
Active Forest Management
Comment (87): One commenter agreed that the Service is not able to
predict the outcome of section 7 consultations, but expressed concern
that land management decisions would be made, using the critical
habitat rule for justification of these outcomes. A suggestion was made
to eliminate or modify portions of the critical habitat rule that
encourage active management within critical habitat.
Our Response: The Revised Recovery Plan for the Northern Spotted
Owl (USFWS 2011) and the NWFP recommends certain types of active forest
management within the range of the northern spotted owl to meet various
management goals. Our critical habitat rule refers to these
recommendations. The Revised Recovery Plan encourages careful
consideration and incorporation of specific and appropriate information
when deciding which actions, if any, are appropriate for active forest
management within critical habitat. However, we are not able to predict
where or what types of actions will be proposed within northern spotted
owl critical habitat, nor is it within the authority of this rulemaking
to prescribe where or what types of actions will take place. The actual
management activities that may take place within critical habitat will
depend on future management decisions by the land managing agencies
consistent with their land use plans and the legal authorities under
which they operate, and in consultation with us under section 7 of the
Act for those activities involving a Federal nexus.
Comment (88): Several commenters raised concern over the creation
of early-seral habitats. The points raised a concern over the removal
of current habitat to create early-seral habitat, expressed a need to
make use of natural disturbances to achieve early-seral habitat, and
questioned the appropriateness of creating early-seral habitat inside
critical habitat.
Our Response: Recent research has informed land managers on the
biological value of complex early-seral habitats. The Revised Recovery
Plan for the Northern Spotted Owl (USFWS 2011) suggests that management
of early-seral habitats be considered where they are underrepresented
and would improve landscape and biological diversity. Within that
context, thinning and targeted variable-retention harvest in moist
forests could be considered, where the conservation of complex early-
seral forest habitat is a management goal. This approach provides a
contrast to traditional clear-cutting that does not mimic natural
disturbance or create viable early-seral communities that grow into
high-quality habitat (Dodson et al. 2012, p. 353; Franklin et al. 2002,
p. 419; Swanson et al. 2011, p. 123; Kane et al. 2011, pp. 2289-2290;
Betts et al. 2010, p. 2127, Hagar 2007, pp. 117-118). Swanson (2012,
entire) provides a good overview and some management considerations.
The Revised Recovery Plan does not suggest that high-quality owl
habitat or areas currently on a trajectory to become high-quality owl
habitat be removed to create early-seral conditions. The Revised
Recovery Plan recommends such treatments, if considered by the land
management agencies, be applied in matrix areas consistent with the
Standards and Guidelines of the NWFP.
Comment (89): One commenter asked how the Service and managers will
evaluate forest management strategies without information on the
potential effects of these strategies to determine whether they are
positive, neutral, or negative.
Our Response: Commercial thinning has been shown to negatively
affect northern spotted owls and their prey, and we have included a
more detailed discussion of this issue in the final rule. In areas
where active management may be appropriate for consideration, the goal
is to conserve and restore ecological function; however, we recognize
that management agencies may have multiple management goals. In areas
where actions such as commercial thinning may be considered (e.g., the
matrix land use allocation), we are not encouraging them in areas of
high-quality owl habitat.
Comment (90): One commenter requested consideration of the forest
thinning direction contained in Ecologically Appropriate Restoration
Thinning in the Northwest Forest Plan Area (Kerr 2012) as an option for
future critical habitat management.
Our Response: We appreciate this suggestion and have integrated the
information in this reference into our discussions of forest thinning.
Comment (91): One commenter requested that special management
considerations for the East Cascades emphasize management for well-
distributed, large, contiguous blocks habitat across the landscape.
[[Page 72013]]
Our Response: Special Management Considerations for the East
Cascades are identified that management may be required to address the
threats to the essential physical or biological features in this region
from past activities. Widespread management of large, fully contiguous
blocks of habitat east of the Cascades is not ecologically sustainable
in many places, due to the dynamic ecological processes and fire
regimes that shape the distribution of forested habitats in this region
(Williams 2012, entire). We do, however, recommend land managers
consider the conservation of larger blocks of current habitat on areas
of landscapes where it is more likely to be resistant or resilient to
fire and other natural disturbance. We encourage the use of landscape
assessments to identify areas important for ecological process
restoration and areas that are valuable for northern spotted owl
conservation and recovery (see, e.g., NWFP Standards and Guidelines p.
C-13).
Comment (92): One commenter noted that the Service should emphasize
protection of mid-seral forests so that they may develop into high-
quality habitat.
Our Response: We recommend that habitats with high value to the
conservation of the northern spotted owl be conserved. High-value
habitat includes mid-seral forests as one component. Mid-seral forests
that are generally not occupied by northern spotted owls, however, may
be appropriate areas for land management agencies to consider for
active forest management that may increase their rate of development
into high-quality habitats.
Comment (93): One commenter noted that past active management
resulted in excessive logging and road building, which led to the
threatened and endangered status of species in the Pacific Northwest.
Included in this comment are concerns over active management harming
water quality, diminishing recreational activities, and increasing fire
risk if followup actions (e.g., removal of slash, removal of burn
piles, prescribed fire) are not carried out.
Our Response: We have identified the major threats to owl recovery
in this rule, including traditional timber harvest that resulted in the
removal of large areas of old forest. Active management, in general,
may affect water quality and recreational opportunities, but it may
also restore habitat conditions or reduce fire risk if implemented
properly. We encourage land managers to be mindful of these concerns
and to protect important areas from long-term adverse impacts wherever
possible.
Comment (94): Several commenters expressed concern that logging in
critical habitat and LSRs would increase the risk of extinction of the
northern spotted owl, degrade owl habitat, increase the risk of fire,
damage forest health, and damage watershed health. Commenters expressed
concern about specific logging prescriptions that appear to remove
trees or degrade areas that could function as habitat for northern
spotted owl, such as mistletoe removal, post-fire logging, or disease
management activities. In addition, several thousand commenters
submitted similar comments in general support of protections against
logging the mature and old-growth forests of the Pacific Northwest and
Northwest California due to economic and environmental benefits.
Our Response: The critical habitat rule identifies habitats with
high value to the recovery of the northern spotted owl that are
essential and will receive regulatory protections under section 7 of
the Act where a Federal nexus exists. We emphasize that careful
consideration should be given to any forest management activities
occurring within northern spotted owl critical habitat. The Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011) indicates that
active forest management, when applied at appropriate scales and
locations, could be a valuable tool in the recovery of the species and
conservation of forest ecosystems. Further, we recommend that the focus
of these treatments be outside of high-value habitat for northern
spotted owls wherever possible and that high-quality habitats be
conserved and recruited. Work inside of LSRs should be in accordance
with the NWFP Standards and Guidelines. We again note that, although we
encourage land management agencies to follow the recommendations for
the Revised Recovery Plan for the Northern Spotted Owl, it is beyond
the authority of this rulemaking to mandate specific management
activities within critical habitat. The actual management activities
that may take place within critical habitat will depend on future
management decisions by the land managing agencies consistent with
their land use plans and the legal authorities under which they
operate.
Comment (95): One commenter suggested our treatment of the effects
of forest thinning on owls and of fire was incomplete and biased
towards supporting thinning treatments in critical habitat.
Our Response: We recognize that more research would be helpful to
better understand how northern spotted owls respond to various
vegetation management treatments, especially those implemented to
address long-term forest health and increasing risk of wildfire.
Thinning and other vegetation management may have either negative or
beneficial impacts to northern spotted owl habitat depending on how,
when, and where the treatments are implemented.
The existing information about the tradeoffs associated with active
and passive management in dry forests indicates that strategic
application of active management may offer a higher likelihood of
achieving conservation objectives than no management. Although passive
management can be viewed as more precautionary, this view is rooted in
a perspective that considers risks to northern spotted owl habitat from
natural disturbance to be relatively low. However, we believe that the
weight of evidence from both tracking of habitat removal due to natural
disturbance and results from modeled simulations of fire dynamics
suggest that risks of habitat loss due to natural disturbance is high
enough to warrant consideration of strategic active management within
critical habitat by land managers, especially in forested plant
associations that typically have frequent or mixed-severity fire
regimes (Buchanan 2009, pp. 114-115; Healey et al. 2008, pp. 1117-1118;
Roloff et al. 2012, pp. 8-9; Ager et al. 2007, pp. 53-55; Ager et al.
2012, pp. 279-282; Franklin et al. 2009, p. 46; Kennedy and Wimberly
2009, pp. 564-565). In the final rule, we have refined and expanded our
discussion of ways land managers might implement active management to
minimize potential risks to northern spotted owls and their habitat,
and provide appropriate safeguards in the face of scientific
uncertainties surrounding disturbance dynamics in dry forests and
northern spotted owl responses to management. In addition, active
adaptive forest management may prove to be an essential tool for
reducing uncertainties and increasing the conservation effectiveness of
active management for northern spotted owl habitat.
Comment (96): Several commenters expressed concern over the
justification of projects that encourage timber harvest in suitable
northern spotted owl habitat, including the pilot projects guided by
Drs. Johnson and Franklin that are occurring in BLM's pilot projects
out of the Roseburg and Coos Bay BLM offices.
Our Response: The Service is working with land managers and
scientists to
[[Page 72014]]
minimize impacts to northern spotted owl's essential habitat, and owl
conservation as a consequence of timber harvest and other vegetation
management projects. We worked closely with Dr. Norm Johnson, Dr. Jerry
Franklin, and the Roseburg and Coos Bay BLM offices to evaluate these
pilot projects, which are not in LSRs and are consistent with
requirements of the NWFP. The Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011) recommends applying ecological forestry
techniques as a way of reducing impacts to northern spotted owl habitat
in areas proposed for timber harvest. In general, northern spotted owl
habitat in moist forests that is on a trajectory for development into
late-successional conditions is not in need of active management to
enhance its development. The Service recommends that land managers
consider thinning and other regular management in critical habitat,
when the goal is to improve or maintain northern spotted owl habitat
and long-term forest health. Specific conditions vary as will
determinations of where, when and how to apply management. The actual
management activities that may take place within critical habitat will
depend on future management decisions by the land managing agencies
consistent with their land use plans and the legal authorities under
which they operate, and in consultation with us under section 7 of the
Act for those activities involving a Federal nexus.
Comment (97): Several commenters suggested that the Service should
include a full analysis of the risks to northern spotted owl habitat
from fire, in an effort to support the recommendations for active
forest management, and should also include an analysis of the effects
to northern spotted owl habitat from post-fire logging activities in
the final rule.
Our Response: First, we must clarify that this critical habitat
rule does not take any action or adopt any policy, plan, or program in
relation to active forest management. The discussion is provided only
for consideration by Federal, State, local, and private land managers,
as well as the public, as they make decisions on the management of
forest land under their jurisdictions and through their normal
processes. Second, there is considerable scientific uncertainty over
the risk of fire to northern spotted owl habitat. Where data are
available, the literature shows that high-severity fire and increased
frequency of fire may be a risk to the nesting function of northern
spotted owl habitat (e.g., Kennedy and Wimberly 2009, p. 565). The
literature so far is unclear, not only on how much high-severity fire
may be a risk to northern spotted owls, but also regarding what spatial
arrangement and amount of burned and unburned vegetation or different
burn severities may be beneficial or detrimental to northern spotted
owl occupancy and habitat use. We address this issue in the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011), in which we
also suggested an adaptive management framework to test hypotheses that
will help address this uncertainty. Recovery Action 12 in the Revised
Recovery Plan summarizes the literature on post-fire logging and
recommends that these types of silvicultural activities focus on
conserving and restoring those habitat elements that take a long time
to develop (e.g., large trees, medium and large snags, downed wood).
Comments on Ecological Forestry
Comment (98): One commenter noted that the Service is promoting
timber harvest activities that are compatible with northern spotted owl
critical habitat, but regulations prevent this work from occurring.
Our Response: We believe the activities recommended in the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011) and discussed
in this critical habitat rule are compatible with the Standards and
Guidelines of the NWFP. We encourage land management agencies to
consider active management of forests that balance short-term impacts
with long-term beneficial effects that ultimately support long-term
conservation of the northern spotted owl.
Comment (99): One commenter noted that ecological forestry
practices are not clearly defined and according to the rule will be
different in each situation.
Our Response: Land management decisions on when and where to apply
ecological forestry practices are context-specific, based on local
conditions, and will be made by the appropriate land managers. The
prescription of specific management practices is beyond the authority
of this rule. This critical habitat rule and the Revised Recovery Plan
(USFWS 2011, entire) provide an overview and multiple scientific
references on ecological forestry. We are available to work with land
managers to provide technical assistance in further defining ecological
forestry practices at finer scales, should land managers be interested
in applying such techniques.
Comment (100): Several commenters raised concerns that critical
habitat designation would reduce or delay the ability of land managers
to manage fuels, that more implementation of fuels reduction activities
are needed, that fire resiliency needs to be achieved, and that we
consider timber and nontimber resources to manage fuels.
Our Response: The Service has made considerable effort to discuss
recommendations and descriptions of active forest management in dry
forests, including actions that manage fuels and restore ecosystem
health, in this critical habitat rule. This rule is different from
previous designations of northern spotted owl critical habitat in that
we are recommending a ``hands on'' approach to forest management within
critical habitat. We encourage land managers to consider active
management of forests that balance short-term impacts with long-term
beneficial effects, which ultimately supports long-term conservation of
the northern spotted owl. In dry forests, we recommend that land
managers consider a landscape assessment approach to improve the
estimation of effects of management actions on northern spotted owl
habitat and to better identify and prioritize areas for treatments. The
assessment may be helpful, especially in areas where other landscape or
biodiversity management goals may conflict with the conservation of
high-value northern spotted owl habitat. We note that this rule can
only provide general advice as to those activities that may be
consistent with the designation of critical habitat for the northern
spotted owl. The actual activities proposed within critical habitat are
dependent upon decisions by the land managers themselves, in accordance
with their land use plans and legal authorities.
Comments on Exclusions
Comment (101): Several comments questioned why the proposed
critical habitat did not include private lands in Oregon but did in
Washington or California, and encouraged the Service to exclude private
lands in all three States in the final rule, due to concerns around the
regulatory burdens of critical habitat and the lack of need for
additional protections, in light of existing conservation agreements
and State laws.
Our Response: In this designation of critical habitat, we relied on
public lands to the maximum extent possible in determining what lands
met the definition of critical habitat in that they either contain
essential physical or biological features or are themselves essential
for the species' conservation. We looked first to Federal lands for
critical habitat; however, in areas of limited Federal ownership, some
State and private lands provide areas
[[Page 72015]]
determined to be essential to the northern spotted owl, by contributing
to demographic support and connectivity to facilitate dispersal and
colonization. State and private lands were included only where
essential to achieve conservation of the species, and State lands were
prioritized over private lands. In Oregon, Federal and State lands
identified were sufficient to meet the conservation needs of the owl;
in Washington and California, there were some areas where Federal and
State lands were not sufficient to meet the population metrics
essential to recovery for the species, and some private lands were
identified as essential for contributing to the conservation of the
species. These private lands were subsequently excluded from the final
designation under section 4(b)(2) of the Act (see Exclusions). As
discussed in our response to Comment (104), such exclusion does not
signal that these lands are not important for the conservation of the
northern spotted owl, but only that the Secretary has determined that
the benefits of excluding these areas outweighs the benefits of
including them.
We received several comments from private landowners expressing
concern that their land uses would be restricted by the designation of
critical habitat, or that jobs would be lost if critical habitat is
designated on private lands. Some landowners were under the false
impression that their access to Federal funds would be restricted, or
that they would be unable to complete forest health improvement
projects on their lands if critical habitat were designated there. We
reiterate that the regulatory effect of critical habitat is the
requirement for Federal agencies to consult with the Service on actions
they carry out, fund, or authorize that may affect the designated
critical habitat of endangered or threatened species. Activities can
continue on private lands with critical habitat in place; it is only if
Federal funding or permits are required that the Federal agency
involved would need to consult with the Service to insure that the
proposed action does not destroy or adversely modify critical habitat.
However, as a consequence of the exclusion of all private lands from
this final designation of critical habitat for the northern spotted
owl, concerns such as those expressed above should be moot.
Comment (102): One commenter expressed concern about the potential
impact of designating critical habitat on private lands related to the
California Environmental Quality Act (CEQA) regulations, and cited to
the marbled murrelet, California red-legged frog, California tiger
salamander, and western snowy plovers as examples of increased
regulatory impact resulting from critical habitat designation.
Our Response: Our economic analysis concluded that private lands in
California and subject to CEQA must comply with the California Forest
Practice Rules already in place, regardless of critical habitat.
Further, the economic analysis reports that CALFIRE is unlikely to
request additional protective measures for habitat beyond those already
required by these regulations. Subsequently, we conclude the
incremental costs of the designation would be limited to the potential
for additional administrative burden under CEQA (IEC 2012b, p. 5-19).
The only other potential regulatory impact to private landowners
which we would foresee from the designation of northern spotted owl
critical habitat may occur when a proposed project has a Federal nexus
(e.g., Federal funding or authorization) and the project may affect
designated critical habitat. However, as all private lands have been
excluded from this final designation of critical habitat, this should
no longer be a concern.
The Service is unaware that the designation of critical habitat for
the marbled murrelet, California red-legged frog, California tiger
salamander, or the western snowy plover has led to any increase in
regulatory impacts to private landowners. While private landowners may
have experienced an increased regulatory burden with the listing of
these species under the Endangered Species Act, we are not aware of an
increased regulatory impact associated with the designation of critical
habitat for these species.
Comment (103): One commenter expressed concern that the regulatory
burden imposed by critical habitat designation on private lands in
California will be exacerbated, because the Service is no longer
providing technical assistance for California forest landowners who
wish to prepare State-required timber harvest plans.
Our Response: We believe the commenter was mistaken in stating that
the Service is no longer available to assist private landowners in the
preparation of timber harvest plans in California, as the Service's
technical assistance program is still operational and available to
assist private landowners in this regard. The Service does not review
every timber harvest plan, but is available for review when requested
after the initial review by CALFIRE. In addition, since all private
lands have been excluded from this final designation of critical
habitat, the concern regarding potential exacerbation of regulatory
burden is no longer relevant.
Comment (104): Numerous commenters supported including private
lands, and urged the Service not to exclude these areas in the final
rule for a variety of reasons, including the conservation value of
including all lands identified as suitable habitat, the need for
connectivity, existing management flexibility and a lack of additional
regulatory burden, the opportunity to build cooperative management
agreements, and concerns that exclusion is not supported by the best
available science and would signal that these lands are not important
to the recovery of the species.
Our Response: The Act specifically requires the Service to
designate critical habitat for listed species to the maximum extent
prudent and determinable, and does not restrict such designation to
particular land ownership. Rather, areas that meet the definition of
critical habitat, as determined on the basis of the best scientific
data available, are proposed for designation. However, section 4(b)(2)
of the Act further provides that the Secretary, in designating critical
habitat and making revisions, shall take into consideration the
economic impact, the impact on national security, and any other
relevant impact of specifying any particular area as critical habitat.
The Secretary may then choose to exercise his discretion to exclude any
area from critical habitat if he determines that the benefit of
exclusion outweighs the benefits of specifying such areas as part of
the critical habitat, unless that exclusion would result in the
extinction of the species.
Lands excluded under section 4(b)(2) are still considered essential
to the conservation of the species. Such areas were identified as
critical habitat because they either provide the essential physical or
biological features, if occupied, or were otherwise determined to be
essential, if unoccupied. Exclusion should never be interpreted as
meaning that such areas are unimportant to the conservation of the
species. Exclusion is based upon a determination by the Secretary that
the benefit of excluding these essential areas outweighs the benefit of
including them in critical habitat.
In this case, the Secretary has chosen to exercise his discretion
to exclude non-Federal lands from the final designation of critical
habitat if an existing conservation agreement or partnership is in
place that provides benefits that are greater than the benefits
[[Page 72016]]
that would be provided by the designation of critical habitat. Such
exclusions have only been made following a careful weighing of both the
benefits of inclusion and the benefits of exclusion. We wish to
emphasize that the exclusion of lands from the critical habitat
designation should not be construed as a message that these lands are
not important or essential for the conservation of the northern spotted
owl, nor should exclusion be interpreted as some indication that these
lands are now somehow subject to habitat degradation or destruction
because they are not included in critical habitat. Lands excluded on
the basis of conservation agreements and the recognition of
conservation partnerships are fully expected to continue to make an
important contribution to the conservation and recovery of the owl
absent the designation of critical habitat. Such lands are excluded
only if we have evidence that such expectations for future
contributions of the habitat on these lands are well-founded, as
evidenced by a conservation easement, habitat conservation plan, safe
harbor agreement, or other instrument, or by a proven track record of
conservation by the partner in question. The details of our considered
analyses of each area under consideration for exclusion are provided in
the Exclusions section of this document (above).
Comment (105): Numerous commenters requested that the final rule
include lands covered by conservation agreements in the final rule for
a variety of reasons, including consistency with existing policy, a
need for connectivity, the habitat value of these areas, a lack of
explicit population recovery objectives, a need for increased
protections and legal safeguards, concerns about the conservation
effectiveness and appropriate implementation of these agreements, and a
need for additional analysis before they are excluded.
Our Response: As described earlier, the Service carefully evaluated
each conservation agreement or partnership under consideration for
exclusion on its own merits, and weighed the benefits of exclusion
versus inclusion. As described in our response to Comment (104), above,
we emphasize that the exclusion of such lands does not signal that they
are not important to the conservation or recovery of the northern
spotted owl, and indeed such exclusions are made only on the basis of
our determination that the benefits of exclusion outweigh those of
inclusion, and that such exclusion will not result in the extinction of
the species.
Comment (106): Several commenters requested that the final rule
exclude particular land areas in private ownership (including but not
limited to Usal Redwood Forest Company, Hawthorne Timber Company,
Mendocino Redwood Company, Rayonier, Sierra Pacific, Pope timberlands,
Merrill & Ring's lands, Weyerhaeuser Mineral, SDS Lumber Co., Olympic
Resource Management, Green Diamond, and Wauna Lake Club) for a variety
of reasons, including economics, additional regulatory burdens and
uncertainty, a lack of conservation benefits, mapping errors, effects
on existing and future conservation easements and agreements, State
protections, ongoing voluntary conservation activities, potential
disincentives for preserving habitat, and possible negative impacts to
existing partnerships and relationships.
Our Response: No private lands are included in the final
designation of critical habitat. Many of these lands were excluded
under section 4(b)(2) of the Act; our detailed evaluation of these
exclusions is provided in the Exclusions section of this document. In
some cases, lands were removed following a review of habitat conditions
on the specific parcels identified using 2011 National Agricultural
Imagery Program (NAIP) imagery, in response to public comment. Upon
review, we determined that lands identified by Rayonier, Pope
Resources, Olympic Resource Management, and Weyerhauser Mineral did not
meet the definition of critical habitat. Therefore, these lands were
removed from the final designation.
Some landowners asked for exclusion from the proposed critical
habitat, but were not actually included in the proposed designation in
the first place. An example of such a case is Merrill and Ring lands.
In other cases, commenters did not submit sufficient location
information for us to be certain of the location of the parcel in
question; Wauna Lake Club, for example, fell into this category.
In cases where mapping errors may have been made in our proposed
critical habitat designation, such that lands that do not meet the
definition of critical habitat for the northern spotted owl were
inadvertently included within the proposed designation, the mapping in
the final rule was corrected, so that those lands are removed from the
final designation. Sierra Pacific lands in California, for example,
were inadvertently included in the proposed designation due to a
mapping error; these lands were removed from the final designation. We
similarly made any corrections to area total errors that were
identified in comments on the proposed rule, and thank landowners for
bringing these corrections to our attention.
All specific requests for exclusion and records of our
consideration of those requests are in our record, and available upon
request (see FOR FURTHER INFORMATION CONTACT).
Comment (107): More than 50 private landowners in Washington State
requested individual exclusions for their lands for a variety of
reasons, including economics, additional regulatory burdens, a lack of
conservation benefits, fire risks, mapping errors, existing
conservation agreements, and disincentives for voluntary conservation
measures and for preserving habitat.
Our Response: Upon further review, using the underlying aerial
photo imagery from the 2011 National Agricultural Imagery Program
(NAIP) and Ruraltech's 2007 forestland parcel data, we determined that
the vast majority of Small Forest Landowner parcels we examined had
either highly fragmented, little, or no northern spotted owl habitat
currently present. Based on the combination of parcel size, current
habitat conditions, and spatial distribution, we concluded that private
lands coded as Small Forest Landowner parcels do not provide the PCEs
for northern spotted owls, nor are they essential to the conservation
of the species; thus, these areas do not meet the definition of
critical habitat, and we have removed them from the final designation
of critical habitat for Washington State.
We removed from the final critical habitat designation lands
described in 17 comments after confirming that these lands did not
contain the PCEs, or that they were too small, fragmented, or isolated
to contribute to spotted owl conservation, and therefore did not meet
the definition of critical habitat. Lands owned by 19 other commenters
that requested removal were not within proposed critical habitat. The
land of one commenter was removed to correct a mapping error in the
proposed rule. We excluded another commenter's lands due to their
completion of a SHA. Finally, 16 commenters did not provide sufficient
location information to enable us to unambiguously identify their
parcels. Of these 16, we inferred that we likely removed 6 from the
final critical habitat designation because the size of the commenters'
parcels were very small, making it likely that our process of removing
small forest landowners from the final designation included the
properties of these commenters. For the remaining 10 commenters, lack
of location and parcel size information in
[[Page 72017]]
the comments we received made it impossible for us to determine or
infer whether these parcels were included in our final critical habitat
designation. However, as all private lands were excluded from critical
habitat under section 4(b)(2) of the Act (see Exclusions), no private
lands remain in the final designation.
Public Comments on Critical Habitat Boundaries
Comment (108): One commenter noted that the inclusion of the term
``necessary'' within the definition of ``conserve'' (16 U.S.C. 1532(2))
indicates that Congress intended a ``high threshold'' for designating
land as critical habitat, and that land designated must be required to
bring the species to the point of no longer needing the protection of
the Endangered Species Act. The commenter further asserts that the
Service must show that all specific areas proposed as critical habitat
are necessary, essential, and required for the continued existence of
the species.
Our Response: The use of ``necessary'' in the definition of
conservation does not change the requirements related to critical
habitat. Furthermore, the Act provides that the Service ``to the
maximum extent prudent and determinable * * * shall * * * designate any
habitat of [the species] which is then considered to be critical
habitat.'' 16 U.S.C. 1533(a)(3)(A); see also Center for Biological
Diversity v. FWS, 450 F.3d 930, 935 (9th Cir. 2006) (noting Congress'
use of the word ``shall'' and holding that ``[i]t follows that critical
habitat designations are mandatory''). There are only two exceptions to
the mandate that critical habitat be designated at the time of listing.
First, designation may be temporarily delayed if critical habitat is
``not determinable,'' e.g., it cannot be identified based on current
scientific information. 16 U.S.C. 1533(a)(3)(A); 50 CFR 424.12(a).
Second, designation is not required if it is ``not prudent,'' see id.,
but Congress intended that finding to be made ``only rarely.'' S. Rep.
106-126, at 4 (1999); see also H.R. Rep. 95-1625, at 16-17 (1978)
(designation required except in ``rare circumstances'').
We agree that the rule should designate either (1) specific areas
within the geographical area occupied by the species at the time of
listing that contain physical or biological features essential to the
conservation of the species and which may require special management
considerations or protection, or (2) specific areas outside the
geographical area occupied at the time of listing that are essential to
the conservation of the species. We have identified the specific areas
that were occupied at the time of listing through historical surveys.
We have determined that other areas were occupied at the time of
listing (based on the presence of suitable habitat as well as the high
probability that nonterritorial and dispersing subadult owls were
present). In addition, we analyzed all areas as if they were not
occupied and applied the standard applicable to unoccupied habitat. We
used the methodology described in both the proposed and final rules to
determine which unoccupied areas are essential to the conservation of
the species, and have explained why unoccupied habitat in each subunit
is essential to the conservation of the species.
For occupied areas, the attributes of forest composition and
structure, and characteristics of the physical environment associated
with nesting, roosting, and foraging habitat--physical or biological
features used by the species--were identified based on published
research results and expert opinion and incorporated into a predictive
habitat model. We determined that, for the most part, the physical or
biological features supporting these known sites are essential to the
conservation of the species (the exceptions are owl sites that were
isolated or in areas of marginal quality). The special management
considerations are described by geographic region and in the subunit
descriptions. However, large areas within the species' geographical
range had not been surveyed at the time of listing, and we have
determined that a designation based solely on the locations of those
known territories would not be adequate to conserve the species.
Therefore, we used habitat information based on habitat selected by
those known owl pairs to identify other areas that were likely
supporting northern spotted owl territories at the time of listing or
that could support the species' recovery in the future. We then
determined where these areas are essential to conservation of the
species based on a spatially explicit northern spotted owl population
model as described in the proposed rule, and again in this final rule.
Comment (109): One commenter stated that one or more of the PCEs
are too general in nature and should be more narrowly clarified or
defined. In particular, the comment suggested that PCE 1 and
4 seem to be met by all forested lands.
Our Response: PCE 1 (Forest types that may be in early-, mid-, or
late-seral stages and that support the northern spotted owl across its
geographical range) identifies the specific forest types that support
northern spotted owl life-history needs across the species' range, but
is more narrowly refined in that it must exist in concert with one of
the other PCEs to meet the definition of critical habitat. PCE 4
(habitat to support the transience and colonization phases of
dispersal) is described in the preamble of the proposed rule as those
forests with at least an average diameter at breast height (DBH) of 11
inches (28 centimeters) and at least a 40 percent canopy cover. We have
included these metrics in the regulatory portion of the final rule to
more narrowly clarify the forest structure that meets this PCE. In
addition, it is only where these PCEs in the appropriate arrangement
and quantity are essential to the conservation of the northern spotted
owl that they are selected for designation as critical habitat.
Comment (110): Several commenters believe that additional lands
beyond those already designated as northern spotted owl critical
habitat are not necessary for northern spotted owl recovery, and the
increase in total area is not supported by the science. The commenters
suggest that including them will reduce or eliminate timber harvest on
designated lands.
Our Response: The continued decline of the overall northern spotted
owl population demonstrates that the threats to the species are still
having a significant impact on northern spotted owl occupancy,
reproduction, and survival. As described in the Revised Recovery Plan
for the Northern Spotted Owl (USFWS 2011), the main threats to northern
spotted owls are the past and continued loss of habitat and the
competitive effects of barred owls. The increase in designated critical
habitat area to help offset these threats is supported by northern
spotted owl experts, researchers, and scientific peer reviewers. The
results of our modeling efforts presented in Appendix C of the 2011
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011,
Appendix C) and in the Modeling Supplement for this rule (Dunk et al.
2012b) show that the 2008 critical habitat network performed worse
(greater population declines over time, higher extinction risk) than
the 2012 Revised Critical Habitat this revised designation.
The Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011)
recommends active management of some forest lands using ecological
forestry approaches in appropriate stands such that we believe there
are widespread opportunities for continued
[[Page 72018]]
timber harvest management within the range of the northern spotted owl.
Comment (111): One commenter noted that the Endangered Species Act
requires that designated critical habitat only include those areas
``occupied at the time of listing,'' and that any additional areas
defined by the Secretary must be essential to conserving the species.
The commenter argued that the standards for designating critical
habitat for occupied and unoccupied habitat differ, and that Congress
did not intend the phrase ``conserve'' to include extending the range
of a species. The commenter also asserted that stating that
substantially all of the occupied and unoccupied area is necessary does
not comply with the statutory requirements.
Our Response: Congress specifically provided for designating
unoccupied areas where doing so is essential to the conservation of the
species. Congress expressly recognized that ``conservation'' could
require designation of areas unoccupied at the time of listing. In this
rule, we are designating unoccupied habitat in places where it is
essential to the species' recovery; however, we are not designating
critical habitat outside the historical range of the species. We are
also not designating critical habitat everywhere within the present
range of the northern spotted owl.
The proposed rule did not say that ``substantially all of the
occupied and unoccupied area is necessary.'' The proposed rule
explained how much of each subunit was occupied based on historical
survey data, and why the areas of potentially unoccupied habitat in
each subunit are essential to the conservation of the species. In
addition, the methodology used to determine what is essential was
explained in the proposed rule and this final rule.
Comment (112): Several commenters suggested that there was
insufficient evidence to determine whether lands proposed as critical
habitat were occupied at the time of listing, and questioned the data
used for assessing northern spotted owl populations, both at the time
of listing and at the present time.
Our Response: Occupancy by individuals of wide-ranging species can
be difficult to definitively demonstrate or verify, particularly when
different areas are utilized by individuals at different times in their
life stages, and when the species responds to survey techniques in a
variety of ways. Effectively detecting territorial northern spotted
owls in a home range is a well-established technique, but locating
nonterritorial or transient northern spotted owls is more difficult,
even though they occupy many areas between established home ranges of
territorial owls. The Service determined that most of the areas within
critical habitat that have the PCEs were occupied at the time of
listing by the species. However, as stated in the rule, we have
determined all areas within critical habitat to be essential for the
conservation of the species. Areas essential to the conservation of the
species are not required to be occupied at the time of listing to be
included in critical habitat.
For the purpose of developing and evaluating revised critical
habitat for the northern spotted owl, we used a definition of
``geographical area occupied by the species'' at the time it was listed
consistent with the species' distribution, population ecology, and use
of space. We based our identification of ``occupied'' geographical area
on: (1) The distribution of verified northern spotted owl locations and
(2) scientific information regarding northern spotted owl population
structure and habitat associations. While there were approximately
1,500 northern spotted owl pairs identified at the time of listing
(1990), subsequent surveys across a larger percentage of the landscape
in the mid and late 1990s detected more than 4,000 pairs. Because adult
northern spotted owls are long-lived and have high site fidelity, it is
reasonable to assume that these sites identified as occupied several
years post-listing were also occupied by owls at the time of listing.
In addition, we are not stating that all critical habitat was
occupied at the time of listing, but as clearly identified in the
proposed rule and this final rule under the section Unoccupied Areas
(77 FR 14062, p. 14099), we acknowledge the uncertainty regarding
whether some areas were occupied at the time of listing or not
(especially those areas used for dispersal or which were likely
occupied based on habitat suitability). Therefore, we have evaluated
these areas as if they were unoccupied at the time of listing and have
found them to be essential to the conservation of the species.
Comment (113): One commenter questioned how some ``occupied''
habitat areas can be considered nonessential while other ``non-
occupied'' habitat was considered essential for the conservation of the
species.
Our Response: To conserve the northern spotted owl it is essential
to have larger, connected areas that are managed for the development of
their habitat even though some of those areas may not currently be
occupied by the species. As habitat develops over time, both within
occupied and unoccupied areas, we anticipate northern spotted owls will
colonize the unoccupied habitat and positively contribute to population
demographics which contribute to conservation of the species. The
closer these currently unoccupied areas are to the improved sites over
time the more likely dispersing northern spotted owls will be able to
successfully colonize them. By evaluating northern spotted owl
population metrics, such as relative population size, population trend,
and extinction risk that resulted from each scenario evaluated, we
designated only those lands that contain the physical and biological
features essential to conserve the northern spotted owl, or that are
essential themselves. This network has the potential to support an
increasing or stable population trend of northern spotted owls that
exhibits relatively low extinction risk, both rangewide and at the
recovery unit scale, and achieves adequate connectivity among recovery
units. It does not include every known northern spotted owl site.
Occupied northern spotted owl sites that are not included are isolated
or in small groups with other sites and will provide relatively less
demographic contribution to the population than those sites that are in
larger, contiguous groups. Therefore, we determined that they did not
contain the physical and biological features essential to northern
spotted owl conservation.
Comment (114): Numerous commenters requested we maximize the total
area included in the designation by including the most area in any of
the composites or by including all northern spotted owl habitat across
all ownerships.
Our Response: We have designated critical habitat based on the
identification of those areas meeting the definition of critical
habitat or that are otherwise essential to the conservation of the
northern spotted owl. Toward this end, maximizing land area is not the
key factor. Our goal was to designate critical habitat that is
essential for northern spotted owl recovery but achieves the desired
results on as small an area as possible (i.e., it is efficient). This
reduces any potential regulatory burdens and land management conflicts,
which will increase the likelihood of success at meeting our goals. In
addition, designating areas beyond that necessary to achieve the
conservation of the species would indicate that we had included areas
beyond what is truly essential to the conservation of the
[[Page 72019]]
species, and exceeded the intent of the statute.
Comment (115): Several commenters suggested revisions to the
boundaries of the proposed critical habitat, including several proposed
additions (e.g., lands near Cascade-Siskiyou National Monument,
Coquille tribal land, Coos Bay Wagon Road lands, the Olympics/Western
Cascade area, etc.) for several reasons, including the conservation
value of the habitat, increased connectivity benefits for dispersal and
gene flow, the need for additional protections to avoid habitat
degradation, and consistency with the best available science and
existing policy.
Our Response: When determining what is essential to the
conservation of the northern spotted owl, we prioritized Federal, then
State, and finally private or Tribal lands. Where Federal and State
lands were sufficient to provide for the essential conservation needs
of the northern spotted owl as demonstrated through our population
modeling in HexSim, no additional lands were added. In addition, in
accordance with the provisions of the Act, not all habitat that could
be occupied by northern spotted owls was included in the designation.
Only areas that meet the definition of critical habitat for the species
were designated.
In Washington, we added suggested areas to critical habitat only
where updated information about land ownership indicated a change in
ownership from private ownership to Federal ownership. This was based
on our prioritization of landownerships in the designation, as
described above, wherein we looked to Federal lands first for critical
habitat, and included State and finally private or Tribal lands only
where necessary to achieve the conservation of the species. These areas
had not initially been included in the proposal because the ownership
information we used had indicated these lands were privately owned, and
therefore they were not prioritized for inclusion. These additions
occurred in the central Cascade Range of Washington where many sections
of industrial timberlands in checkerboard ownership with Federal lands
had recently been transferred to Federal ownership. This area of the
central Cascades surrounding Snoqualmie Pass has repeatedly been
identified as essential to maintaining demographic linkages among
spotted owl populations from northern to southern Washington, and from
the west slope to the east slope of the Washington Cascades.
Public Comments Regarding the Northwest Forest Plan (NWFP)
Comment (116): Several commenters stated that the rule needs to be
more explicit about how it relates to the NWFP, and that the NWFP
should direct the management of the critical habitat lands.
Our Response: We have clarified the relationship between the
critical habitat rule and the NWFP under the ``Forest Management
Activities in Northern Spotted Owl Critical Habitat'' heading. The
designation of critical habitat for the northern spotted owl identifies
the areas essential for the conservation of the species; it does not
supersede the Standards and Guidelines for lands in the NWFP. The
Service believes the NWFP has functioned as intended for the retention
and development of late-successional forest habitat (Thomas et al.
2006; Davis 2012). The NWFP was developed with the expectation that
emerging scientific data would be incorporated into the management of
Federal forest lands. The discussions of active forest management in
the Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011) and
this preamble are based on numerous recent scientific study results. We
wish to be clear, however, that the inclusion or exclusion of NWFP
reserves in the designation of critical habitat changes neither the
land allocation nor the Standards and Guidelines for those lands under
the NWFP. Nevertheless, we believe that our discussion of active forest
management is consistent with the objectives of the NWFP.
Comment (117): One commenter suggested that lands currently managed
under the NWFP do not require additional management considerations or
protections from designated critical habitat.
Our Response: The Service is not relieved of its statutory
obligation to designate critical habitat based on the contention that
it will not provide additional conservation benefit. We do not agree
with the argument that specific areas and essential features within
critical habitat do not require special management considerations or
protection because adequate protections are already in place. In Ctr.
for Biological Diversity v. Norton, 240 F. Supp. 2d 1090 (D. Ariz.
2003), the court held that the Act does not direct us to designate
critical habitat only in those areas where ``additional'' special
management considerations or protection is needed. If any area provides
the physical or biological features essential to the conservation of
the species, even if that area is already well managed or protected,
that area still qualifies as critical habitat under the statutory
definition if special management is needed.
Comment (118): Numerous commenters asserted the proposed critical
habitat rule would result in the weakening of the NWFP, including the
dismantling or eradication of the late-successional (and riparian)
reserves, and that we should use a variety of approaches explicitly
elucidated in the final rule to maintain the LSR network.
Our Response: In designating critical habitat the Service is
required to use the best available science to identify specific areas
that provide the PCEs or are otherwise essential to the conservation of
the species. Our modeling effort and other data identified some
nonreserved areas that are high value for the northern spotted owl and
essential to the conservation of the species. Additionally, there are
portions of reserved allocations that are of relatively low value to
the northern spotted owl. As a result of incorporating the best
available science, our modeling process demonstrated that the critical
habitat network identified here is more effective at conserving the
northern spotted owl than the NWFP network of reserves. This is not
unexpected, as the LSR network was never intended solely for the
benefit of northern spotted owls, but was created to provide for many
late-successional species. However, the designation of critical habitat
does not change the existing NWFP land use allocations or Standards and
Guidelines. The inclusion or exclusion of NWFP reserves as critical
habitat changes neither the land allocation nor the Standards and
Guidelines for those lands. The Service encourages continued
implementation of the NWFP and adherence to the Standards and
Guidelines for reserve management.
Comment (119): Several commenters noted the critical habitat rule
should adopt the Standards and Guidelines of the NWFP in an effort to
protect northern spotted owl habitat, including all late-successional
and old-growth forests.
Our Response: In designating critical habitat we are required to
identify those lands essential to the conservation of the species
through application of the best available science. Our incorporation of
state-of-the-art modeling programs, techniques, and data identified
those areas, many of which contained late-successional or old-growth
forest. However, the purpose of this rule is to designate critical
habitat, not to adopt specific standards for its management. The
Revised Recovery Plan for the Northern Spotted
[[Page 72020]]
Owl (USFWS 2011) recommends the retention of structurally complex
forests where they currently exist (Recovery Action 32). We did not
find, however, that retaining all northern spotted owl habitat is
essential for the conservation of the species, so not all habitat was
included.
Public Comments on Competition From Barred Owls
Comment (120): Several commenters recommended that the Service
should objectively determine whether the barred owl threat has so
overwhelmed the northern spotted owl as to make additions to critical
habitat unnecessary, and noted that dealing with the barred owl and
habitat threats separately could be detrimental to northern spotted owl
recovery.
Our Response: The scientific information available at this time is
not adequate to statistically assess the effect of barred owls on any
specific conservation strategy or agency action, though these
strategies include efforts to address barred owls. The extent to which
northern spotted owls remain (sometimes undetected) on areas with high
barred owl densities is unclear. However, the threat posed by barred
owls does not relieve the Service of its statutory obligation to
designate critical habitat for the northern spotted owl under section
4(a)(3)(A) of the Act. Furthermore, suitable habitat is essential for
northern spotted owls to persist, with or without barred owls. Our
modeling approach for designating critical habitat included barred owl
effects on spotted owl population performance. Recent research (Wiens
2012) indicates that population performance of both northern spotted
owls and barred owls is greatest when high-quality habitat is most
abundant, and most peer reviewers supported the approach of conserving
more habitat to help offset the impact of the barred owl on the
northern spotted owl.
Public Comments on the Modeling Process
Comment (121): One commenter was critical that the process for
combining different models in different modeling regions was unclear,
and was also critical that a nonrandom sampling of nesting centers and
the approach used to create a contiguous underlying RHS (Relative
Habitat Suitability) map using MaxEnt modeling software.
Our Response: Although the RHS values within one modeling region
may not be directly comparable to another's, the similarity of each
modeling region's strength of selection curves (see Appendix C of the
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011)),
suggested that the interpretation of RHS values was similar between/
among regions. Furthermore, Zonation was run within modeling regions
(see Appendix C of the Revised Recovery Plan) to ensure that potential
critical habitat units and subunits were well distributed throughout
the northern spotted owl's range. We are aware of only one effort to
date that has utilized random sampling of a relatively large region
within the range of the northern spotted owl (Zabel et al. 2003). The
demographic study areas were not randomly located, nor were the
northern spotted owl location data we used. Thus, the chance exists
that it is biased in some way. Nonetheless, given the relatively large
sample sizes, and the geographic and habitat variation that exists
around northern spotted owl sites in the samples we used, we contend
that this is the best data available to use. The Service acknowledges
that there is uncertainty in this process, and that this is
unavoidable. There exists no perfect rangewide habitat map, no perfect
(large) random sample of owl locations, no randomly allocated
demographic study areas from which to draw strong range-wide inferences
about population trends, nor a perfect understanding of the northern
spotted owl's life history. That said, we have used the best data
available, thoroughly documented our approach and presented our
evaluation of the usefulness of the models we used, and we find they
provide a strong foundation using the best available science for
informing decisions about critical habitat.
Comment (122): One commenter indicated a need to clarify the basis
for the thinning of northern spotted owl location data used in
modeling.
Our Response: The basis of the thinning is articulated on pages C-
20 and C-21 of Appendix C of the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011).
Comment (123): One commenter indicated that the assumptions for
this modeling process were not completely spelled out nor were their
validities addressed. For example, the modeling of habitat suitability
assumes that core use areas and home ranges of northern spotted owls
are relatively constant in size throughout their geographic range, but
this assumption is not well supported by the proposed critical habitat,
Appendix C of the 2011 recovery plan, or the published literature. Core
use areas and home ranges increase in size for northern spotted owls in
the northern part of their range versus those in the southern part
(Thomas et al. 1990). Second, the modeling process for evaluating
habitat suitability under MaxEnt assumes that some moderate amount of
edge and degree of forest fragmentation is good for demography and
fitness of northern spotted owls throughout their geographic range
based on Franklin et al. (2000), yet this relationship has been shown
mainly for northern California and one area in Oregon (Olson et al.
2005), not the remainder of the subspecies' range in Oregon and
Washington. For example, Dugger et al. (2005) found no relationship
between the amount of edge and demographic performance of northern
spotted owls in southern Oregon; consequently, the validity of this
assumption for the entire range of the subspecies is questionable.
Our Response: We did use one spatial scale throughout the northern
spotted owl's range for our MaxEnt modeling. We also assumed that
territories, in our northern spotted owl HexSim model, were of uniform
size (3 hexagons) throughout the northern spotted owl's range. We did
not, however, assume home ranges were of equal size throughout the
range (see table C-24 in Appendix C of the Revised Recovery Plan for
the Northern Spotted Owl (USFWS 2011)). We also did not assume that
edge or forest fragmentation was good for northern spotted owl
demographic performance in our MaxEnt models. We did, however, allow
for edge metrics to be included in the models where they had clear
effects on the MaxEnt models; however, we did not force them in to the
models in modeling regions where they had no effect. It is important to
note that, unlike studies that have attempted to evaluate competing
mechanistic hypotheses regarding northern spotted owl habitat/climate-
demographic relationships (e.g., Franklin et al. 2000, Dugger et al.
2005), in our MaxEnt modeling process, we did not attempt to evaluate
competing hypotheses. Instead, we attempted to develop MaxEnt models
that had good discrimination ability, were well calibrated, and were
robust (see our response to Comment (20); additional discussion is
provided on pages C-30 to C-32 of the Revised Recovery Plan, USFWS
2011).
Comment (124): One commenter requested more justification for the
choice of features in MaxEnt modeling. For example, the threshold
feature was used, but the product feature was excluded. They predicted
that product features in particular might be relevant to biological
hypotheses (e.g., when nesting habitat is low, increases in foraging
habitat don't increase occupancy, but when nesting habitat is
[[Page 72021]]
greater, foraging habitat has a greater impact on occupancy).
Our Response: We could have allowed all MaxEnt feature types to be
used in our process. The product (interaction) feature would have
resulted in even more complex models. However, we were able to develop
models without additional complexity (e.g. interaction terms) that
worked well for the purposes for which they were developed. Results
from model cross-validation and comparisons with independent data sets
(USFWS 2011, Appendix C, Table 19, pp. C-39 to C-41) showed that our
models were well calibrated and had good ability to predict spotted owl
locations (USFWS 2011, Appendix C, Table 20).
Comment (125): Several commenters requested more detail regarding
how the different Zonation scenarios from Phase 1 in Appendix C of the
Revised Recovery Plan were selected for inclusion in proposed critical
habitat. In particular, the reviewers believed that Zonation 70 and 90
scenarios would have provided better modeled northern spotted owl
population performance.
Our Response: We assume that the question is about why the 30, 50,
and 70 percent of habitat value were chosen for the initial Zonation
networks. They were chosen to provide relatively broad side-boards,
particularly in regard to network size. To have started with even more
extreme side-boards (e.g., Z10 and Z90) would have been excessive
because these configurations would have included either a very large
amount of land that doesn't have features that would support owls (Z90)
or an area so small (Z10) that viable owl populations could not be
sustained. It is true that a Z90 scenario would have provided much more
area of potential critical habitat, but the amounts of high RHS (> 0.5)
in Z70 are nearly identical to those in Z90. In fact, Z50ALL contained
92%, 98%, 99%, and 100% of RHS bins 0.6-0.7, 0.7-0.8, 0.8-0.9, and >
0.9, respectively. Z90ALL contained 100% of the RHS from each bin, but
encompassed a much larger area (i.e., for very little added inclusion
of high RHS areas, Z90 included millions of additional acres). In
effect, moving from Z70 to Z90 adds a lot more area; however, the
additional lands added do not contribute much to spotted owl population
performance.
Zonation 70 was considered, and subsequently modified in various
composite networks we evaluated. We found that simply increasing the
area of potential critical habitat networks did not always result in
better performance of simulated owl populations in HexSim (e.g.,
Composite 7 was 13.9 million ac (5.625 million ha) and had an ending
population that did not differ (95 percent confidence intervals
overlapped) from composites with from 18.2 to more than 20 million ac
(7.4 to more than 8.1 million ha)). In some modeling regions, our
modeling results suggest that owl populations are likely to remain
relatively low; in part due to the relatively small amount of mid-to-
high RHS area in them. The population results for Zonation 40, 60, 80
and 90 are provided in our Modeling Supplement (Dunk et al. 2012b).
Comment (126): One commenter indicated there were key assumptions
used in the modeling process that should be more clearly documented.
The reviewer indicated that the proposed critical habitat document
refers the reader to the Dunk et al. (2012a) Modeling Supplement for a
discussion of these assumptions but they were unable to locate them in
this document. Not only should the assumptions of the modeling be
included in the proposed critical habitat, but the validity of the
assumptions should also be addressed.
Our Response: The key assumptions used in our modeling process are
provided in Appendix C of the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011), and referenced in our proposed rule. Appendix
C also provides a thorough discussion of our process of testing and
cross-validating our models. We have also clarified this in the final
version of our Modeling Supplement (Dunk et al. 2012b).
Comment (127): One commenter noted that the modeling of population
response and viability under HexSim assumed that recruits into the
population become co-owners of their mother's territories, yet most
owls are recruited into the population in different areas after
extensive dispersal over several months and sometimes years. They asked
to what extent are these assumptions valid, and how would lack of
validity potentially affect the results of the modeling process?
Our Response: In the northern spotted owl HexSim model we assumed
that juvenile birds, prior to dispersal, co-owned their mother's
territory. However, juveniles were forced to disperse in the model. The
recruits are only co-owners until they fledge, and fledging always
takes place in the first year of life. Further, in the modeling two
post-fledging females did not share a territory.
Comment (128): One commenter noted that composite 3 performed
poorer than composite 1 based on population performance, yet composite
4 was based on the network in composite 3 and composite 5 was based, in
part, on that in composite 4. This sequence of models based on the poor
performance of composite 3 does not make sense from an ecological or
conservation stand point. It is obvious that composites 1-7 do not
represent the complete range of habitat networks that might provide for
sustainable populations of northern spotted owls in most of the
modeling regions. They contend that there should have been more
attention paid to increasing habitat for northern spotted owls and
providing for sustainable populations in all modeling regions instead
of increasing efficiency. They understood the need to make any habitat
network efficient but believed that this was a case where efficiency
has trumped conservation of habitat for the northern spotted owl and
other species associated with old forest ecosystems.
Our Response: Relatively poorer performance (as noted by the
reviewer) is not equivalent to ``poor performance.'' In fact, the 95
percent confidence intervals of the mean estimated population sizes at
time-step 350 overlapped for composites 1, 3, 4 (highest point
estimate), 5, 6, and 7 indicating that the differences may not be
statistically significant. Furthermore, although Composite 3 did
perform worse than Composite 1 in terms of exceeding pseudo-extinction
thresholds, Composite 7's performance was nearly identical to Composite
1's. Thus, we disagree with the assertion that our sequence was based
on poorly performing composites. There are an infinite number of
possible potential critical habitat networks that could have been
evaluated. Efficiency, as used by the Service in this effort, did
entail reducing the size of potential critical habitat networks,
because our charge under the statutory definition of critical habitat
is to designate only those lands occupied at the time of listing that
contain essential physical and biological features or unoccupied lands
that are essential.
Comment (129): One commenter indicated that the process for
comparing GNN (vegetation) data with owl nest sites and foraging areas
is unclear. The reviewer asked whether GNN data indicated that nest
site centers were characterized by large, old trees with closed canopy
forests and stated that this process needs better explanation.
Our Response: The process for developing models of nesting and
foraging habitat is described in detail on pages C-14 through C-43 in
Appendix C of the 2011 Revised Recovery Plan for the Northern Spotted
Owl. Nesting and roosting habitat was characterized by
[[Page 72022]]
large, old trees with closed canopies; however, the specific vegetation
characteristics included in the models varied by region. Our confidence
that the GNN layer was sufficiently accurate to support our modeling
process was based on several formal and informal evaluations. First, we
evaluated northern spotted owl habitat modeling conducted by the
Northwest Forest Plan Interagency Monitoring Program (Davis et al.
2011), which was also based on the GNN data. This effort used GNN and
MaxEnt to predict northern spotted owl nesting habitat, obtaining
models quite similar to the NR models in our modeling effort. We also
obtained less formal, but very useful, feedback from a number of USFS
scientists who had made comparisons between GNN output and their own
field-typed northern spotted owl nesting habitat with good results.
Finally, as described in Appendix C of the Revised Recovery Plan for
the Northern Spotted Owl (USFWS 2011), we evaluated the reliability of
the MaxEnt models' predictions (RHS) and found that the models had good
ability to predict northern spotted owl locations. Systematic
inaccuracy of the GNN data would be unlikely to result in the accurate
predictions we obtained in our modeling. In addition, please see our
responses to Comment (19) through Comment (22) for details on our
testing, cross-validation, and use of GNN and MaxEnt.
Comment (130): One commenter stated that more information on the
``independent test data sets'' used for model cross-validation is
necessary before they are acceptable as an adequate test. In
particular, if these data sets suffer from the same non-random sampling
as the training data, then they will not aid in determining whether the
RHS and AUC values are biased by the nature of the sampling or not.
Our Response: As described in Appendix C of the Revised Recovery
Plan (USFWS 2011, p. C-20), we expended substantial effort on the
verification of both the spatial accuracy and territory status of each
site center used in our data set. We received high quality data from
northern spotted owl demographic study areas (DSAs), and obtained a
large set of additional locations from the NWFP Effectiveness
Monitoring Program. We also obtained and verified data sets from
private timber companies, the USFS Region 5 NRIS database, and a number
of research and monitoring projects throughout the range of the
northern spotted owl. We are aware of only one effort to date that has
utilized random sampling of a relatively large region within the range
of the northern spotted owl (Zabel et al. 2003). Because of the spatial
extent of the range of the northern spotted owl (more than 23 million
acres), we do not have the luxury of having equal survey effort
throughout the region. The demographic study areas are not randomly
located, nor are the northern spotted owl location data we used.
Nonetheless, given the relatively large sample sizes, and the
geographic and habitat variation that exists around northern spotted
owl sites in the samples we used, we consider this information to
represent the best available scientific data for our purposes, and are
not aware of any alternative data sets.
Comment (131): One commenter expressed concern that the encounter
rates of northern spotted owls with barred owls found in Forsman et al.
(2011) were reduced downward to a maximum rate of 0.375 even though
there is strong evidence in Forsman et al. (2011) that the rate is
higher in some modeling regions, and Wiens et al. (2011) has shown that
abundance of barred owls (and encounter rates) is much higher in the
Coast Ranges of Oregon than initially thought or is documented in
Forsman et al. (2011). The lower encounter rates of northern spotted
owls with barred owls that were used in Phases 2 and 3 of the modeling
represent more optimistic performances of northern spotted owls to
habitat conditions than is likely to occur in reality. The reviewer
contends that it would have been more appropriate to use Zonation 70 or
even 90 to a greater extent in some modeling regions, than to
arbitrarily reduce the barred owl encounter rate to a maximum of 0.375
in order to provide for sustainable populations in all modeling
regions.
Our Response: The modeling we conducted suggested that the larger
the barred owl encounter probability was, there was less variation in
northern spotted owl population performance among potential critical
habitat networks (even when network size varied by more than a factor
of 2); effectively all populations did uniformly poorly. However, when
barred owl encounter probabilities were lower (e.g., 0.25),
considerable variation in northern spotted owl performance among
potential critical habitat networks resulted. Thus, under extremely
high barred owl encounter probabilities, our modeling suggested that
even large amounts of area in potential critical habitat networks did
not compensate for those barred owl impacts. Thus, in order to identify
potential critical habitat areas for the northern spotted owl, we made
assumptions about barred owl encounter probabilities in each of the 11
modeling regions. The assumed changes in encounter probabilities we
used in Phases 2 and 3 of our modeling were, in most cases, relatively
modest changes from the currently estimated encounter probabilities. In
fact, for Phase 2 and 3 modeling, we decreased barred owl encounter
probabilities in only 3 of 11 modeling regions, and increased encounter
probabilities in 8 of 11 modeling regions. Mean absolute value of
change (from currently estimated to what we assumed in Phases 2 and 3)
among modeling regions was 0.081 (range = 0.005 (in the KLE) to 0.335
(in the OCR)). For additional detail, please see our response to
Comment (38).
Comment (132): One commenter suggested that we use an occupancy
analysis on the long-term demographic study areas rather than modeling
habitat with MaxEnt to better address barred owl effects.
Our Response: Barred owl impacts were included in HexSim. In our
response to comments made on Appendix C in the Draft Revised Recovery
Plan for the Northern Spotted Owl (75 FR 56131; September 15, 2010),
the Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011)
addressed the choice we made to use MaxEnt and the full data set of owl
site center locations that was available to us, rather than rely solely
on data from the Demographic Study Areas.
Comment (133): One commenter contended that a separate analysis of
BLM checker-boarded lands in western Oregon is needed in order to
understand the performance of northern spotted owl populations under
the different habitat networks and composites on those lands.
Our Response: The number of possible owner/district/region-centric
analyses that we could have evaluated was nearly infinite. The BLM's
ownership was considered in the same way that other ownerships were. In
developing the critical habitat designation, we prioritized public
lands over private lands.
Comment (134): One commenter noted that for most of the study
areas, the estimates from HexSim compared favorably to the empirical
estimates from the field studies except for the South Cascades (CAS)
and Klamath (KLA) Study Areas. In one case (CAS), the estimate from
HexSim was much larger than that from the field studies, and in the
other case (KLA) the estimate from HexSim was significantly smaller
than from the field studies. These differences and inconsistencies
raise some concerns for the validity of the
[[Page 72023]]
modeling results from HexSim. The commenter asked for some explanation
for these differences and inconsistencies, and whether the input
parameters for HexSim need to be revised.
Our Response: We are aware of these differences, as noted in
Appendix C of the Revised Recovery Plan for the Northern Spotted Owl
(USFWS 2011). We evaluated multiple changes to the northern spotted owl
HexSim model's settings, but those changes did not result in overall
better agreement between HexSim population estimates and empirical
estimates from demographic study areas (DSAs). To some extent, this
issue is the result of the spatial scale at which we ran the northern
spotted owl HexSim model. The overall results, in our view, were quite
good--but not in every specific case. Although there were discrepancies
at these local areas, we believe that the scale at which we evaluated
information for potential critical habitat networks (modeling regions
and the entire geographic range of the northern spotted owl in the
United States, which is at least an order of magnitude larger than a
demographic study area) was appropriate. We provide additional
justification in the following paragraphs.
The KLA DSA is quite small, and is distributed across the Klamath
East and Klamath West modeling regions. The CAS DSA is large, and is
distributed across the Klamath East and East Cascades South modeling
regions. There were no simulated northern spotted owl life-history
parameters that varied based on demographic study area location. Some
demographic data (resource target and home range size) did, however,
vary by modeling region.
HexSim simulation data show that the East Cascades South modeling
region exchanged owls principally with the Klamath East and West
Cascades South modeling regions. The Klamath East modeling region
exchanged owls principally with the East Cascades South and Klamath
West modeling regions, with relatively small numbers of immigrants
coming from the West Cascades South region. The Klamath West modeling
region exchanged owls principally with the Klamath East modeling
region, with the next highest number of emigrants and immigrants being
associated with the Oregon Coast and Redwood Coast regions,
respectively.
The simulated CAS DSA population size is roughly 45 owls too large,
whereas the KLA DSA population size is about 55 owls too small. These
two DSAs are spread across three modeling regions, with both DSAs
residing partly in the Klamath East region. Because the Klamath East
modeling region exhibits high rates of simulated immigration and
emigration with the other two modeling regions in question (see
previous paragraph), the discrepancy in simulated DSA population sizes
is not a big concern. The sum of the simulated CAS and KLA DSA
population sizes is almost exactly equal to the combined field
estimates for those two regions. This suggests that HexSim's simulated
northern spotted owl population size and distribution is quite accurate
at the scale of the DSA for most DSAs, and for these two DSAs in
particular, it is similarly accurate, just at a slightly larger spatial
scale.
Comment (135): One commenter asked what publication or data set
were used for establishing the barred owl influence on northern spotted
owl reproduction in the HexSim model.
Our Response: In the northern spotted owl HexSim model we used,
barred owls did not have any influence on northern spotted owl
reproduction, but did on adult survival. This has been clarified.
Comment (136): Several commenters requested that the Service
integrate industry data into the modeling process and that attention be
given to the assumptions and limitations of the models and whether or
not the assumptions and model outputs have been validated.
Our Response: The modeling process incorporated data sets, expert
opinion, and published information from the timber industry. We
carefully evaluated the appropriateness of our models, data sets, and
assumptions and tested the outputs and products of the modeling effort;
we therefore are confident that our process was rigorous and met our
objectives. Please see Appendix C of the Revised Recovery Plan for the
Northern Spotted Owl (USFWS 2011) for a discussion of the rigorous
testing and cross-validation we conducted on our models, as well as our
responses to Comment (19) through Comment (22).
Comment (137): One commenter raised concerns about leaving out high
RHS value habitat on State and private lands in Washington, and
provided recommendations of specific areas to include in critical
habitat designation.
Our Response: The modeling process that the Service developed to
help identify potential critical habitat is most appropriately used to
make relative comparisons of alternative scenarios. While we sought to
make the models as realistic as possible to achieve meaningful relative
comparisons, these modeling tools are not designed to predict specific
future outcomes. We are confident in the ability of the modeling
routine to rank a set of scenarios from best to worst and provide
insights about the degree of difference among them. But population
metrics provided by the models are better viewed as relative indices
than as predictions. This caution about interpretation of model output
is particularly relevant to modeling regions with low amounts of total
habitat area, such as in the State of Washington. In the modeling
environment, small population sizes tend to lead to high variation in
outcomes among iterations. Furthermore, competitive effects of barred
owls played a large role in determining population outcomes, especially
in Washington where encounter rates between barred owls and northern
spotted owls are high.
We used the objectives and criteria in the Revised Recovery Plan
for the Northern Spotted Owl (USFWS 2011) to guide our critical habitat
proposal. Only after we had a critical habitat network that we
considered essential to meet recovery objectives did we impose the
secondary criterion of network efficiency. We retested networks after
efficiency modifications were made to ensure they were still likely to
meet recovery objectives. We included State or private lands only where
our modeling results indicated Federal land was insufficient to provide
what is essential for recovery.
As described in the section Criteria Used to Identify Critical
Habitat, we have included in this designation only those areas occupied
at the time of listing that provide the essential physical or
biological features, or areas unoccupied at the time of listing that we
have determined are otherwise essential to the conservation of the
northern spotted owl. We appreciate the commenter's suggestion of
additional areas for consideration, and we did evaluate all areas on
the basis of RHS throughout the range of the northern spotted owl,
including State and private lands in southwest Washington. We have
included in this final designation all areas that we have determined
are essential to the conservation of the species. A determination that
certain areas are not essential should not, however, be interpreted to
mean that such areas do not have the potential to contribute to the
recovery of the species, and we encourage landowners to participate in
other recovery efforts to achieve conservation on their lands (for
example, as identified in Recovery Actions 14 and 15 of the Revised
Recovery Plan (USFWS 2011)). In addition, we identified some State and
[[Page 72024]]
private lands in Washington as essential for the conservation of the
northern spotted owl, but all of the private lands and some of the
State lands were subsequently excluded under section 4(b)(2) of the Act
(see Exclusions). As discussed in our response to Comment (104), above,
exclusion of areas is not the same as a determination that those areas
are not essential; it only reflects the Secretary's determination that
the benefits of excluding such areas outweighs the benefits of
including them in critical habitat.
Comment (138): One commenter claimed that critical habitat includes
nearly all suitable habitat--occupied or not--and was driven by the
artificial constraints incorporated into the recovery plan--namely the
manipulation of the barred owl interaction model. According to the
commenter, absent these artificial constraints, the model would have
predicted that none of the alternatives will conserve the species in
the face of barred owls, therefore none of the lands wherein there is
significant barred owl interaction are ``essential'' for the survival
of the species. The commenter further stated that given the significant
impact on the human environment by restricting management of the lands
within this region, the Service needs to clearly provide the public
with an estimation of the scientific reliability of their ability to
conserve the northern spotted owl, and this information is critical to
weighing the social and economic ramifications of the proposed action.
Our Response: The proposed critical habitat rule did not include
``nearly all suitable habitat'' and our evaluation indicated that the
large majority of the proposed designation was occupied at the time of
listing and contains the physical and biological features essential to
conservation of the species. It also identified other areas essential
to the species' conservation, which represent only a small portion of
the proposed critical habitat. Contrary to the commenter's assertion,
the barred owl impacts used in the population modeling process were
similar to or slightly higher than those reported in most modeling
regions; barred owl effects were reduced in only three of 11 regions
(Table 2 in Modeling Supplement). This was done to enable the
identification of areas essential to the spotted owl's recovery;
threats that are not habitat-based are addressed through implementation
of actions in the recovery plan. The current influence of barred owls
on occupancy by northern spotted owls does not negate the role of
habitat in the recovery of the species. The Service clearly noted in
the proposed rule that the areas proposed as critical habitat are
essential, but not sufficient absent other management actions, to
recover the northern spotted owl.
Comment (139): One commenter was concerned that the proposed rule
did not present an effects analysis for the proposed exclusions that
indicates how northern spotted owl populations would likely respond if
these lands were excluded.
Our Response: Many of the potential exclusions put forth in the
proposed critical habitat rule would be unlikely to affect the outcome
of our population modeling. This is because those exclusions, if made,
would be based on their having some existing habitat protections (e.g.,
wilderness areas, national parks, HCPs, SHAs) that we would reasonably
expect to continue into the future, and thus our treatment of them in
the modeling would be the same as if they were included in a critical
habitat network. If we were to exclude lands without consideration of
continued conservation, we agree that this could change the results of
our population modeling. However, since this is not the case, and no
such lands were excluded from this final rule, we did not need to
conduct such an analysis in this final rule.
Comment (140): One commenter was critical that no analysis was
provided as to the relative effectiveness of the new critical habitat
network in also capturing habitat for other late[hyphen]seral/
old[hyphen]growth[hyphen]associated species of concern, and encouraged
an analysis of the effects of the proposed critical habitat network on
multi[hyphen]species conservation goals, by overlaying critical habitat
boundaries on data on occurrence and habitat distribution for other
species of concern.
Our Response: Analyzing the effects of the proposed critical
habitat network on multi[hyphen]species conservation goals is beyond
the scope of the critical habitat designation process for the northern
spotted owl. Furthermore, the results of such an analysis would not
affect the selection of the final critical habitat designation for the
northern spotted owl, as the statutory language defines critical
habitat with reference to a particular listed species.
Comment (141): One commenter suggests that the Service fails to
explain to the public why, in order to model sustainable northern
spotted owl populations, it was required to arbitrarily select an
interaction rate with barred owls that was not based on science-based
field studies. Rather, the commenter states, it was based on the
assumption that barred owls would be addressed through their
extirpation from wide swaths of the Pacific Northwest (``Modeling and
Analysis Procedures used to Identify and Evaluate Potential Critical
Habitat Networks for the Northern Spotted Owl,'' USFWS Feb. 28, 2012,
pp. 14-15), an assumption that is neither legally nor scientifically
supportable.
Our Response: The Service made no assumption, written or otherwise,
that the barred owl would be extirpated from any portion of the
northern spotted owl's range. The ``ceiling'' on barred owl encounter
rates that was used in the modeling (Phases 2 and 3 from Dunk et al.
2012a) was not arbitrary, but based on the results from several
scenarios presented and compared during Phase 1 modeling. As explained
in both Appendix C of the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011) and Dunk et al. 2012b, the barred owl
encounter rates used in the testing and selection of the proposed
critical habitat designation are, in most modeling regions, similar to
or even slightly above the currently estimated encounter rates. Only in
portions of Washington were encounter rates reduced in order to
identify essential habitat absent the undue influence of barred owls,
but certainly not to the extent of ``extirpation of wide swaths'' as
suggested in this comment. For additional details, please see our
response to Comment (38).
Comment (142): One commenter stated that the original critical
habitat designations were based on forest stand characteristics whereas
the new designations are based on computer simulations that are
untested and unreliable, and that this is not an improvement on the
existing science. The commenter states that northern spotted owl
populations have continued to decline as suitable habitat has
increased; therefore, there are factors other than habitat that are
decimating northern spotted owls, namely barred owls and catastrophic
fires, and increasing the size of habitat will do nothing to save them.
Our Response: While it is true that northern spotted owl
populations continue to decline, we have no evidence to suggest that
suitable habitat has increased rangewide. Furthermore, we recognize
that loss or degradation of habitat is not the only threat affecting
northern spotted owl populations. However, as we have stated,
comprehensive recovery actions for the northern spotted owl are
provided in the Revised Recovery Plan (USFWS 2011). The existence of
other, non-habitat based threats does not relieve
[[Page 72025]]
the Service of its statutory obligation to designate critical habitat
for the species to the maximum extent prudent and determinable.
We believe the commenter may not have understood that the computer
programs that we used were developed, to the extent that it was
defensible to do so, with empirically derived information, and thus
were also ultimately based on real forest stand characteristics. In
cases where this was not possible, a rationale for parameter inputs was
provided (see Appendix C of the Revised Recovery Plan for the Northern
Spotted Owl (USFWS 2011) and Dunk et al. 2012b). For example, actual
weather station data are not available across the entire range of the
northern spotted owl; however, temperature and precipitation models
that provide site-specific climate data across the species' range
provide these data. Additional explanation of the extensive degree to
which our models were tested and cross-validated is also provided
there, as well as in our responses to Connet (19) through Comment (22),
among others.
Comment (143): Several commenters noted that the Service should
redo its habitat modeling by including active management as a setback
of owl habitat and to determine how long it will take for treated areas
to recover to suitable nesting, roosting, and foraging habitat.
Our Response: The analysis suggested in this comment is predicated
on the availability of reliable information on the extent to which
active management may potentially be implemented within the boundaries
of critical habitat, if at all. As we have noted throughout this rule,
the discussion of active management provided is for use by Federal,
State, local, and private land managers, as well as the public, as they
make decisions on the management of forest land under their
jurisdictions and through their normal processes. We are attempting to
emphasize that critical habitat is not necessarily a ``hands off''
designation, depending on the nature of the habitat and the action
under consideration, and we encourage land managers to consider the
flexibility of management options available to them consistent with the
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011) and the
Standards and Guidelines of the NWFP (USDA, USDA 1994). However, as
noted in our economic analysis of the designation, predicting what land
managers may choose to do is an exercise in uncertainty; land managers
may choose to refrain from any management actions, may continue to
manage lands as they currently do, or make choose to implement
alternative active management practices. Given that we do not know
whether land managers will even attempt to implement active management,
much less how often or on what scale, attempting to model the effects
of those actions on RHS would be purely speculative and, for our
purposes, uninformative.
Other Public Comments
Comment (144): Two comments were submitted regarding how proposed
critical habitat (not specific to a particular land use allocation)
will negatively impact future development within counties.
Our Response: The forested areas included in the critical habitat
designation are primarily managed for forest products, including timber
production. We are not aware of any development projects proposed
within the area of this revised designation, and our final economic
analysis did not identify any such potential impacts.
Comment (145): Two commenters asserted that the regulatory
mechanisms for protecting critical habitat on State and private lands
were insufficient to adequately protect northern spotted owl habitat.
Our Response: The statutory authority defining and regulating
critical habitat is the Endangered Species Act (Act). Section 7(a)(2)
of the Act specifically provides that protections to critical habitat
via consultation are triggered by actions authorized, funded, or
carried out by Federal agencies (referred to as a ``Federal nexus'').
If there is no Federal nexus involved in a proposed action, the law
does not require consultation with the Service. The Act does not
provide a direct regulatory mechanism for protecting critical habitat
on State or private lands absent a Federal nexus.
Comment (146): One commenter requested that the Secretary identify
those lands being designated for the purpose of expanding the range or
dispersing the northern spotted owl into unoccupied areas.
Our Response: The designated lands are entirely within the range of
the northern spotted owl and the vast majority of lands were occupied
by northern spotted owls at the time of listing. This designation does
not identify any areas for the purpose of expanding the range of the
species. We have included some small areas that may have been
unoccupied at the time of listing for the purposes of accommodating
potential population growth. Each of the subunit descriptions in this
rule describes the subset of area, if any, that was identified to
assist with northern spotted owl movement across broad landscapes, to
provide connectivity between established populations, or to provide for
population expansion. Population expansion, as used here, is meant to
describe population growth in terms of increased numbers of individuals
within an area, not range expansion. In Oregon we have designated two
areas specifically to assist in the movement of northern spotted owls
between the Oregon coast (ORC) and the western Cascades south (WCS)
critical habitat units. In Washington, many historically occupied areas
included in critical habitat are currently unoccupied due to reductions
in spotted owl populations. Full occupancy of these formerly occupied
areas (population growth or expansion) would provide for conservation
of the spotted owl without expanding the range. Relative to past
critical habitat designations for the spotted owl, we also included
additional areas in northern Washington into the current critical
habitat designation. These areas may increase the potential for
dispersal of owls to and from British Columbia, Canada, in the future.
Currently, such exchange is unlikely due to low abundance of spotted
owls in this landscape on both sides of the international border. All
of this area is within the current geographic range of the northern
spotted owl, and does not expand that range beyond its historical
boundaries.
Comment (147): One commenter questioned how the Service had applied
a ``significant contribution'' standard to occupied and unoccupied
areas.
Our Response: We considered a specific area to make a ``significant
contribution'' to the conservation of the species if adding or removing
that area from the habitat network under consideration resulted in an
appreciable change in the population performance in that modeling
region.
Comment (148): One commenter requested additional clarification of
the terms ``largely occupied'' or ``approximately occupied'' at the
time of listing for particular subunit areas.
Our Response: These terms have been clarified in the final rule.
For each subunit, the proposed rule explained that the specified
percentage ``was covered by verified northern spotted owl home ranges
at the time of listing.'' As an example, such subunit descriptions then
went on to say: ``[w]hen combined with likely occupancy of suitable
habitat and occupancy by nonterritorial owls and dispersing subadults,
we consider this subunit to have been largely occupied at the time of
listing. In addition, there
[[Page 72026]]
may be some smaller areas of younger forest within the habitat mosaic
of this subunit that were unoccupied at the time of listing. We have
determined that all of the unoccupied and likely occupied areas in this
subunit are essential for the conservation of the species to meet the
recovery criterion that calls for continued maintenance and recruitment
of northern spotted owl habitat. The increase and enhancement of
northern spotted owl habitat is necessary to provide for viable
populations of northern spotted owls over the long-term by providing
for population growth, successful dispersal, and buffering from
competition with the barred owl.'' Thus, the specified percentage is
based on actual surveys. However, as described in Criteria Used to
Identify Critical Habitat, we also determined that all areas designated
are essential to the conservation of the northern spotted owl, using
the more restrictive standard for unoccupied areas, to ensure all areas
were appropriately designated even if there was any uncertainty about
its occupancy status at the time of listing.
Comment (149): One commenter requested additional clarification
about how the ``time of listing'' occupancy analysis relates to
information suggesting that old growth and late-successional habitat
features may not be optimal for the northern spotted owl in the Oregon
Coast Range.
Our Response: Northern spotted owls live in a variety of forest
types and rely on forests of varying structure to survive during
different parts of their life cycles. The occupancy data from the time
of listing reinforces that the northern spotted owl requires older
forest structure to maintain viable reproducing populations throughout
much of its range. This commenter appeared to be referring to studies
that have shown that northern spotted owls will use younger forests in
the Oregon Coast Ranges (Glenn et al. 2004) and appear to benefit from
some degree of younger forest interspersed in older forest in southwest
Oregon (Olson et al. 2004) and northern California (Franklin et al.
2000). However, none of these studies suggest that old growth and late-
successional forest are not optimal habitat for northern spotted owls.
Comment (150): One commenter requested that the Service acknowledge
the benefits of grazing on public lands as a tool to manage vegetation
which provides the northern spotted owl with easier access to prey. The
commenter also expressed concern that the expansion of critical habitat
would limit grazing.
Our Response: We are not aware of any research or scientific
publications on grazing and northern spotted owl foraging use, and the
commenter did not provide supporting information. In any case, this
rule does not prescribe limitations on grazing.
Comment (151): One commenter requested that regeneration harvest be
restored on all Federal forests within the Northwest Forest Plan
boundary, in particular on the Olympic Peninsula. The commenter
suggested that regeneration harvest would help restore forest health,
create jobs, provide revenue from timber harvest, and reduce effects of
forest fires on northern spotted owl habitat.
Our Response: This rule is limited to the designation of critical
habitat for the northern spotted owl. While the preamble discusses some
management techniques for consideration by land managers, specific
management prescriptions for Federal lands within the NWFP is beyond
the scope of this rulemaking.
Comment (152): Several commenters suggested narrowing the scale at
which the Service assesses whether a proposed action destroys or
adversely modifies critical habitat to better reflect northern spotted
owl biology, to better capture localized negative trends, or to align
with the intent of the Endangered Species Act.
Our Response: In accordance with Service policy, the adverse
modification determination is made at the scale of the entire
designated critical habitat, unless the critical habitat rule
identifies another basis for the analysis (USFWS and NMFS 1998). The
adverse modification determination for the northern spotted owl will
occur at the scale of the entire designated critical habitat, as
described above in the section Determinations of Adverse Effects and
Application of the ``Adverse Modification'' Standard, with
consideration given to the importance of the conservation function of
units and subunits within each of the recovery units identified in the
Revised Recovery Plan (USFWS 2011, Recovery Criterion 2). The Service
believes the entire designated critical habitat is the appropriate
scale for this analysis, because our determination is based on whether
implementation of the Federal action would preclude the critical
habitat as a whole from serving its intended conservation function or
purpose. However, a proposed action that compromises the ability of a
subunit or unit to fulfill its intended conservation function or
purpose could represent an appreciable reduction in the conservation
value of the entire designated critical habitat.
Comment (153): Several commenters suggested that the Service cannot
legally designate land as critical habitat that does not currently
contain primary constituent elements (PCEs), and should not designate
lands that may become habitat in the future.
Our Response: In our proposed designation of critical habitat for
the northern spotted owl, we identified primarily areas that were
occupied at the time of listing as critical habitat; all such areas
support the PCEs and subsequently the essential physical or biological
features as identified in this rule. In addition, some areas that may
not have been occupied at the time of listing are designated as
critical habitat, because we determined that such areas are essential
to the conservation of the species. These areas make up a relatively
small percentage of the total designation. Because the loss or
degradation of habitat was one of the primary threats that led to the
listing of the species, the restoration of habitat is required to
achieve the recovery of the species, as identified in the Revised
Recovery Plan for the Northern Spotted Owl (USFWS 2011). In some areas,
the recovery goal of achieving viable populations across the range of
the owl cannot be achieved without the development of some areas that
are presently younger forest into additional habitat capable of
supporting northern spotted owl populations into the future.
We evaluated all areas anticipated to develop into suitable habitat
in the future as if they were unoccupied at the time of listing, to
determine whether such areas are essential to the conservation of the
species. We included such areas in the final designation of critical
habitat only if they were essential to the conservation of the species
because they provide connectivity between occupied areas, room for
population expansion or growth, or the ability to provide sufficient
suitable habitat on the landscape for owls in the face of natural
disturbance regimes, such as fire. In addition, recent research
indicates that northern spotted owls require additional habitat area to
persist in the face of competition with barred owls. Finally, in some
areas where habitat loss or degradation was historically severe, areas
of currently degraded habitat may be in need of restoration to provide
the large, contiguous areas of nesting, roosting and foraging habitat
required by the species. Section 3(5)(A)(ii) of the Act provides for
the designation of critical habitat in specific areas outside the
geographical area occupied at listing
[[Page 72027]]
upon a determination that such areas are essential for the conservation
of the species. As the Secretary has determined that these areas of
younger forest that may have been unoccupied at the time of listing are
essential to the conservation of the species, the law provides for
their designation as critical habitat.
Economic Analysis Comments
Comments From States
Comment (154): The California Department of Forestry and Fire
Protection (CALFIRE) states that the designation of Jackson
Demonstration State Forest land as critical habitat could result in
costly section 7 consultations that might prohibit or delay the
approval or implementation of environmental restoration projects. It
identifies water quality permits under the Clean Water Act for timber
harvesting plans as a potential future nexus, while noting that
currently, a waiver of waste discharge requirements can be applied to
discharges related to timber harvest activities on non-Federal lands in
the North Coast Region. It identifies current litigation threatening
this exemption.
Our Response: Chapter 5 of the Final Economic Analysis (FEA)
provides extensive discussion of the potential Federal nexuses
necessitating section 7 consultation on State and private lands
(paragraphs 209 through 221). Specifically, it discusses the Clean
Water Act (CWA) permitting requirements and a recent ruling by the
Ninth Circuit that has the potential to increase permitting
requirements for silviculture operations as sources of point-source
pollution. Northwest Environmental Defense Ctr. v. Brown, 640 F.3d 1063
(9th Cir.). However, in light of the fact the United States Supreme
Court has granted a writ of certiorari to review this ruling, the
economic analysis concludes that considerable uncertainty surrounds
this litigation and whether it will in fact change the permitting
requirements for silvicultural operations within the next 20 years. Due
to this uncertainty, we assume for purposes of our economic analysis
the current CWA exemption and subsequent lack of a Federal nexus
continues, and therefore do not anticipate direct effects on private or
State lands associated with Clean Water Act permitting activities, and
therefore do not anticipate any significant impacts to the restoration
projects resulting from the designation of critical habitat. Please see
the discussion of the Jackson Demonstration State Forest in the section
Changes from the Proposed Rule for more details.
Comment (155): CALFIRE provides additional information describing
the current management of the Jackson Demonstration State Forest and
northern spotted owl habitat.
Our Response: We have added additional discussion of baseline
practices at Jackson Demonstration State Forest to Chapter 5 of the
FEA.
Comments From Federal Land Managers
Comment (156): U.S. Bureau of Land Management (BLM) asked for
clarification as to how the DEA used the data provided by their agency.
Our Response: The BLM provided more detailed geospatial data than
other agencies; therefore, when BLM data are aligned with the Service
data layers and USFS historical and projected timber harvest, the
analysis endeavors to utilize a consistent data set across land
ownership types. For example, while BLM provided data on 30 years of
planned timber harvest, as well as stand age (i.e., over and under 80
years of age), the analysis focuses on timber harvest projections for
the first decade to derive a 20-year projection and does not
incorporate stand age, because this information was not available for
other areas. Specifically, the draft economic analysis (DEA) used a
filtering approach to identify those specific areas where incremental
timber harvest effects may occur. Further explanatory detail on these
methods has been added to Chapter 4 of the final economic analysis
(FEA).
Comment (157): The BLM requested further clarification on how the
Service considered the effects on long-term, sustained-yield timber
production due to the shift in management objectives for the Matrix
lands that are proposed to be designated as critical habitat.
Our Response: The DEA and FEA state that the obligation of the
agencies is to consult with the Service to ensure that their actions
are not likely to destroy or adversely modify critical habitat and may
opt from a wide range of management options, consistent with their land
use plans and statutory authorities. It is challenging to predict how
the land management agencies will respond or on what actions they will
consult. Therefore, there is considerable uncertainty regarding long-
term effects, if any, on sustained yield timber production due to a
potential shift in management objectives within the revised critical
habitat designation. A range of potential effects are discussed
qualitatively in the analysis.
Comment (158): The U.S. Forest Service questioned the DEA
assumption about the distribution of timber harvested from Federal
lands, and stated that the average estimated annual yield per acre may
understate actual timber harvest, as well as the assumption that USFS
harvest projections include only thinning activities and do not
anticipate future regeneration harvest activities.
Our Response: In an ideal world, the economic analysis would
utilize detailed geospatial data showing when and where Federal timber
harvest is projected to occur. However, lacking data on the narrowly
defined areas where timber harvest is projected to occur, and where
critical habitat may have an incremental effect on these harvests, the
analysis broadly applies projected timber harvest across all Federal
land acres. Using this approach, the DEA used timber harvest
projections ranging from 14 to more than 200 bf per acre per year
across critical habitat subunits, as described in Chapter 4 of the DEA
(IEC 2012a, p. 4-18). The DEA based FS Region 6 projections on
historical timber harvest quantities provided by USFS. Therefore,
planned changes to timber harvest were not contemplated. To address
this uncertainty in the amount of timber that could potentially be
harvested in the future (i.e., if changes to timber harvest should
occur), the FEA scales existing baseline projections upward to account
for a potential 20-percent increase in timber harvest projection on
USFS lands. The FEA also revised the language regarding projected
timber activities to clarify that they may include both thinning and
regeneration harvest.
Comment (159): The U.S. Forest Service stated that the DEA
assumption about the distribution of timber harvested from Federal
lands is problematic and that the average estimated yield of 63 BF per
acre per year may understate actual timber harvest. In Region 6, the FY
2013 and FY 2013 NWFP timber program is expected to increase by 20
percent in terms of acres and volume. USFS also disagrees with the
assumption that ``USFS harvest projections include only thinning
activities and do not anticipate future regeneration harvest activities
(page 4-18).''
Our Response: In the Final Economic Analysis, we rely on data
provided by USFS Region 5 and Region 6 to estimate annual projected
timber harvest amounts. Each region provided an annualized projection
of future timber harvest (Region 5) or a 5-year historical annual
average timber harvest (Region 6) by national forest. Using GIS acreage
data for each national forest, we calculate an average annual timber
[[Page 72028]]
harvest yield in BF/acre/year. We then estimate a baseline average
annual timber harvest yield for each critical habitat subunit based on
the number of acres and the proportion of the subunit within each
national forest.
To estimate potential incremental economic impacts of the proposed
critical habitat designation, we focused on matrix lands that are
likely to be unoccupied by the northern spotted owl. We did not
estimate that there will be incremental economic impacts across the
entire proposed critical habitat, so the comparison to the USFS
expected harvest for the entire National Forest System across the
entire range of the northern spotted owl is inappropriate. There are
approximately 9.5 million acres of USFS lands in the proposed critical
habitat. Of these, 6.9 million acres are reserves and 2.6 million are
matrix lands. Of the matrix lands, approximately 1.1 million acres are
predominantly younger forests (considered to be unoccupied) and 1.6
million acres are northern spotted owl habitat. Furthermore, we
estimate that approximately 6.5 percent of northern spotted owl habitat
is likely to be unoccupied. We find that incremental economic impacts
to USFS timber harvest are relatively more likely in unoccupied matrix
lands or approximately 1,158,314 acres of 2,629,031 total acres of all
USFS matrix lands.
For example, in USFS Region 5, there are approximately 956,000
acres of matrix lands. The data provided by Region 5 suggest that the
annualized projected timber harvest in these matrix lands is 105.4 MMBF
(as noted in the comment). However, we estimate that incremental
economic impacts due to the critical habitat designation would be
relatively more likely to occur in unoccupied areas. We presume that
there will not be incremental impacts to timber harvest due to critical
habitat in occupied areas as these areas are already sufficiently
managed for NSO conservation in the baseline. In Region 5, there are
approximately 502,500 acres of matrix lands that are likely to be
unoccupied (100 percent of predominantly younger forests and 6.5
percent of northern spotted owl habitat). Thus our area of potential
impact is smaller than that contemplated in the comment. Our estimate
of baseline timber yield within these areas, however, is consistent
with those presented in the comment and FS data. Specifically, the
annualized projected timber harvest in these unoccupied matrix lands is
55.5 MMBF. Therefore, when we contemplate a 20 percent reduction in
timber harvest due to critical habitat in matrix lands that may
potentially experience incremental impacts, we calculate a reduction of
approximately 11.1 MMBF (20 percent of 55.5 MMBF), versus a reduction
of 21.1 MMBF (20 percent of 105.4 MMBF). In sum, our baseline timber
yield and harvest projections are consistent with the USFS data cited
in the comment; we are simply assessing impacts on a more constrained
set of acres where incremental impacts are relatively more likely to
occur.
Note also that the DEA based USFS Region 6 projections on
historical timber harvest quantities provided by USFS. Therefore,
planned changes to timber harvest were not contemplated. To address
this uncertainty, the FEA scales existing baseline projections upward
to account for a potential 20 percent increase in timber harvest
projection on USFS lands. The FEA also revises the language regarding
projected timber activities to clarify that they may include both
thinning and regeneration harvest. However, this does not materially
affect the results of the analysis.
Finally, we note that our estimate of the area of younger forest in
the matrix where incremental impacts may occur is most likely an
overestimate. As stated above, we estimated that of the matrix lands,
approximately 1.1 million acres are predominantly younger forests
(considered to be unoccupied). This estimate, however, was based on the
total area of younger forest in the matrix within the proposed
designation regardless of patch size. As we noted in our incremental
effects memorandum (IEC 2012b, p. B-7), it would be unusual for an
agency to contemplate a timber sale or other activity on a very small
patch of younger forest; based on our experience, we assumed roughly 40
ac (16 ha) as the minimum patch size of younger forest on which we
would anticipate potential incremental impacts. As the estimate of
younger forest within the matrix used in the economic analysis did not
screen out patches less than 40 ac (16 ha) in size, the resulting total
of 1.1 million acres is likely an overestimate of the area of younger
forest where incremental impacts may occur on matrix lands. In
addition, the final designation represents a net reduction of matrix
lands where economic impacts are relatively more likely to occur and
this reduction was not analyzed in the FEA (see Changes from the
Proposed Rule). It is also important to note that, even if there were
likely to be higher economic impacts, we would not exclude these lands
from designation under section 4(b)(2) because a critical habitat
designation in these areas will likely have regulatory benefits in
conserving this essential habitat.
Comment (160): The USFS suggested that additional person-hours for
consultations to consider critical habitat issues may be higher than
described in the DEA.
Our Response: The USFS currently plans projects outside of existing
critical habitat that may be included in the revised critical habitat.
Therefore, the administrative burden may include additional
consultations beyond the additional hours contemplated for
consultations that would already occur absent critical habitat. The FEA
makes note of this potential incremental increase in administrative
burden.
Comments on the Economic Analysis From the Public
Comment (161): One submission noted that the proposed rule does not
make clear the specific restrictions imposed on designated private
lands. Furthermore, many submissions note that the resulting regulatory
uncertainty will likely reduce the market value of designated private
lands, contributing to the loss of multiple-use, working forests that
provide other valuable types of habitat and jobs, or result in timber
management practices designed to ensure private lands do not become
northern spotted owl habitat. Potential third-party litigation risk
also contributes to this uncertainty.
Our Response: The proposed rule provided a detailed description of
the protection provided to areas designated as critical habitat (see 77
FR 14081; March 8, 2012). Specifically, section 7 of the Act requires
that Federal agencies ensure, in consultation with the Service, that
any action they authorize, fund, or carry out is not likely to result
in the destruction or adverse modification of critical habitat. Chapter
5 of the DEA provided explicit discussion of the potential for State
and private landowners to request Federal permits, thereby
necessitating consultation under section 7. Furthermore, the chapter
acknowledged the concerns raised in the comments regarding the
potential impact of regulatory uncertainty on the market value of
private lands, including potential changes in State regulations in
response to the designation and changes in private timber harvest
practices resulting from greater perceived investment risk, and
discusses the existing data limitations preventing estimation of the
monetary value of such impacts (see DEA paragraphs 259 through 281).
Additional information provided through public comment and
[[Page 72029]]
supporting the existing analysis has been added to Chapter 5 of the
FEA.
All private lands have been excluded from this final designation of
critical habitat for the northern spotted owl (see Exclusions).
Comment (162): One submission states that all private and State
lands in Washington are already subject to State and Federal
regulations providing protection for the northern spotted owl;
therefore, designating these lands results in duplicative regulation
that is contrary to Executive Order 13563 and the President's
memorandum dated February 28, 2012. An additional submission recommends
that the Service rely instead on existing State regulations and
cooperative approaches.
Our Response: The Service is required under the Act to designate
critical habitat to the maximum extent prudent and determinable for
listed species regardless of State laws. This process is separate from
and additional to the listing of a species under the Act and is
specifically needed for the northern spotted owl because habitat loss
is one of the primary threats to its conservation. The requirement to
designate critical habitat is not replaced by State regulations or
classification of lands. Please note that, as discussed in our section
on Exclusions, above, we were able to exclude all private lands
proposed as critical habitat in the State of Washington and California.
Comment (163): One submission questions the DEA's estimate that
117,628 ac (47,602 ha) in Washington may be subject to incremental
effects, noting that the calculation is unclear. The comment suggests
the correct acreage is 133,895 ac (53,558 ha). Furthermore, two
submissions express concern that the State could change the definition
of suitable habitat to include all designated private lands, implying
the potential increased regulatory burden identified in the DEA may be
understated.
Our Response: As noted in Exhibit 5-6 of the DEA, area calculations
in the DEA were based on the GIS data layers provided by the Service to
the economists preparing the DEA on March 1, 2012. The area estimates
derived from these data layers differ slightly from those provided in
the proposed rule due to minor boundary adjustments under consideration
by the Service. A total of 178,147 ac (72,094 ha) of private land in
Washington were proposed for designation, of which 60,519 (24,491 ha)
were subject to existing or proposed conservation plans, leaving
117,628 ac (47,602 ha) that may be subject to indirect impacts. As
discussed in detail in paragraphs 227 through 235 of the DEA,
interviews with Washington State regulators revealed that even if all
private lands were designated and subsequently defined by the State as
suitable habitat, the State would defer to approved habitat
conservation plans (HCPs) or Safe Harbor Agreements (SHAs). Thus,
indirect incremental impacts for 60,519 ac (24,491 ha) are unlikely. Of
the remaining 117,628 ac (47,602 ha), much of this area may already
fall within mapped Home Range Circles for the northern spotted owl and
thus are already considered to be suitable habitat. Finally, whether
the State will make any changes to its regulations is highly uncertain.
However, as all private lands in the State of Washington have been
excluded under section 4(b)(2) of the Act (see Exclusions), the
concerns expressed by the commenter are moot.
Comment (164): One submission states that the DEA does not account
for additional, unforeseen regulatory costs and project delays
associated with the regulation of critical habitat by California State
agencies.
Our Response: Chapter 5 of the DEA provides a detailed account of
our discussions with the California Department of Forestry and Fire
Protection (CALFIRE) to understand whether the State would regulate
harvests on private timberlands differently if those lands are
federally designated critical habitat (see paragraphs 246 through 257).
Given the extensive baseline protections provided by California's
Forest Practice Rules and the California Environmental Quality Act,
CALFIRE does not anticipate any changes as a result of the designation.
Comment (165): Two submissions note that private landowners obtain
Federal funding for forest health improvements, fire resiliency
projects, and watercourse restoration. Access to these funds may be
restricted or delayed because of the designation, resulting in
decreased incentives for landowners to complete such projects.
Our Response: As all private lands have been excluded from this
final designation of critical habitat for the northern spotted owl, the
concerns expressed by these commenters are no longer relevant.
Comment (166): One private landowner stated that the economic
impacts of the northern spotted owl listing and protection prior to
critical habitat designation are relevant considerations in the
exclusion process.
Our Response: Section 4(b)(1)(A) of the Act provides that the
listing of a species is determined based solely on the basis of the
best scientific and commercial data available. However, under section
4(b)(2) of the Act, the Service may consider economic impacts, and
other relevant impacts of designating a specific area as critical
habitat. Therefore, when designating critical habitat and evaluating
specific areas under section 4(b)(2) of the Act for potential
exclusion, we consider the incremental impacts of critical habitat
designation, above the ``baseline'' conservation measures resulting
from listed status. These incremental impacts (economic or other
factors) are then evaluated relative to the conservation benefit of
including the specific area in the critical habitat designation. If the
costs outweigh the benefits, then the Secretary may exercise his
discretion to exclude the area, provided that the exclusion does not
result in the extinction of the species.
Comment (167): One submission takes issue with the DEA's conclusion
that the approval of HCPs and reinitiation of consultations on existing
HCPs will result only in minor administrative burden. Interpretive
disputes around the adverse modification of critical habitat can
readily lead to costly delays, litigation, and pressure to modify
existing and proposed HCPs as well as other projects. Critical habitat
designations on private lands discourage the development of HCPs and
take away stability over long-term investment horizons.
Our Response: The reinitiation of consultation on an existing HCP
is the responsibility of the Service and requires the formulation and
addition of an adverse modification analysis. Those consultations that
already include an effects determination and no jeopardy determination
for northern spotted owls will have incorporated an analysis of the
effects of the action (the HCP) on northern spotted owl habitat, which
will be similar to the adverse modification analysis except that
additional analysis could be needed on impacts to the conservation
function of the critical habitat subunit. Only where an HCP would be
anticipated to cause adverse modification of a newly designated
critical habitat network would significant modification likely be
necessary, and we have not found any HCPs that fall into this category
for this designation. As for HCPs that are under development the need
to minimize impacts to northern spotted owl habitat in an effort to
minimize impacts to northern spotted owls is likely to suffice to bring
the impacts below the threshold of destruction or adverse modification,
thereby reducing the time and energy necessary to complete an HCP as
indicated in the Economic Analysis. We note that we have excluded all
lands
[[Page 72030]]
covered by an HCP pursuant to section 4(b)(2).
Comment (168): Several comments provided additional information on
the relationship between the amount of private forestland available for
harvest and employment. The three comment letters refer to the results
of a recent study prepared by Forest2Market on the economic
contribution of forestry-related industries to Washington State's
economy. They state that for every 1,000 ac (400 ha) of private
forestland in Washington, there are 5 jobs in forestry-related
industries (or 11 to 15 jobs including indirect and induced
employment), an associated $224,000 to $233,000 in wages (or $495,000
to $631,000 including indirect and induced employment), and up to
$30,000 in taxes and fees annually. The commenters then use these
relationships to estimate the total number of jobs supported by private
working forestland proposed for critical habitat designation.
They conclude that if private acres in Washington are designated as
critical habitat, all of these jobs, and the associated wages, taxes,
and fees, will be lost. In other words, a total of 1,650 jobs, $74.3
million in annual wages, and $4.5 million in annual taxes and fees to
counties will be lost. If the Washington multipliers are extended to
all 1.3 million private acres proposed in Washington and California,
more than 19,000 jobs could be affected. A separate comment states that
for every 1,000 ac (400 ha) of private working forestland in California
taken out of production, 12 jobs are lost. Using the resultant
multiplier of 0.012 jobs per acre, the comment states that the 1.27
million ac (514,000 ha) of private land proposed for critical habitat
designation in California represents more than 15,000 jobs.
Our Response: The comments assume the designation of critical
habitat precludes any timber harvests on private lands (i.e., all
employment associated with designated acres will be lost). Chapter 5 of
the economic analysis examines the potential for harvests to be
precluded on private lands and concludes that existing baseline
protections in the form of habitat conservation plans (HCPs) and Safe
Harbor Agreements (SHAs) are likely to provide sufficient protection to
much of the habitat without additional restrictions (see paragraphs 211
and 212 of the DEA). We note that all private landowners with HCPS or
SHAs that were proposed for exclusion from critical habitat in the
proposed rule were excluded from the final designation. In addition,
private landowners of small woodlots in Washington were removed from
critical habitat upon a determination that their lands either do not
provide the PCEs or are not essential to the conservation of the
species. Finally, the remaining 307,308 ac (124,364 ha) of private
lands in the proposed designation in California and Washington, which
we identified as possibly subject to incremental changes in harvests as
a result of the indirect effects of critical habitat designation should
a Federal nexus exist, have been excluded from the final designation
(see Exclusions). However, here we explain how we derived our estimates
of the relationship between private timberland, harvest levels, and
employment in the economic analysis.
On some private lands, uncertainty on the part of landowners over
whether the designation will result in future restrictions may create
an incentive for those landowners to shorten harvest rotations, cutting
timber earlier than is financially optimal (see paragraphs 263 through
269 of the FEA). We did not anticipate that private landowners will be
precluded from harvesting timber as a result of the designation;
rather, we assumed they may harvest earlier than they would have absent
the designation. As a result, the estimates noted in the comment of
lost employment and associated wages, fees, and revenues anticipated in
the comments are likely overstated.
In Washington, 21,715 ac (8,788 ha) of private land in the proposed
designation are identified by the State as suitable habitat for the
northern spotted owl, but are not currently designated as ``critical
habitat state.'' It is possible that the State may reclassify these
areas as ``critical habitat state'' in response to the Federal
designation, which would impose significant administrative costs on
landowners, such that landowners would likely forego future harvests.
However, such a regulatory change on the part of the State is uncertain
(see complete discussion in paragraphs 231 through 235, 269, and 276
through 279 of the FEA). These private lands are not included in the
final designation, as the result of either refinements to critical
habitat (determinations that small private landholdings either do not
contain the PCEs, or are not essential to the conservation of the
species) or exclusions under section 4(b)(2) of the Act.
Thus, the DEA estimated that at worst, it is possible that 21,715
ac (8,788 ha) in Washington may not be harvested, or approximately
1,086 ac (439 ha) per year over the 20-year timeframe of our analysis.
Estimating the impact of such a small change in harvestable acres on
employment is difficult and likely to be highly dependent on the
location and timing of the foregone harvests. The relationships between
acres and jobs, revenues, or fees and taxes presented in the comments
may not be applicable to such small, marginal changes in harvestable
acres.
For example, the ratio of 5 jobs for every 1,000 ac (400 ha) likely
represents the average jobs created per acre when total acres of
forestland are divided by total timber employment in the State (the
Forest2Market report is not clear about whether its ratios represent
average or marginal changes). A marginal estimate, on the other hand,
would look at the number of jobs associated with the ``next'' 1,000
acres of harvest given existing employment levels and harvestable
acres, as the relationship between jobs and acres may not be perfectly
linear. Employment associated with the next 1,000 acres of harvest may
be larger or smaller than the average. Furthermore, it is possible that
other private acres may be harvested as substitutes for the 21,715 ac
(8,788 ha) that could be restricted if the State changes its
regulations, diminishing the rule's effect on employment. Thus, even if
we knew with certainty that the State of Washington will change its
regulations as a result of the designation, forecasting potential
changes in employment is challenging given existing data limitations.
Comment (169): One comment states that the SDS Lumber Company is
the only remaining mill in Klickitat County, and that designating
approximately 29,000 ac (11,700 ha) of private forest in Klickitat and
Skamania Counties, including approximately 16,000 ac (6,500 ha) of SDS
and Broughton Lumber Company land, will have direct and significant
impacts on its 300 employees.
Our Response: SDS and Broughton Lumber Company have developed a
Safe Harbor Agreement in collaboration with the Service. As described
in the Exclusions section of this document, SDS lands within the
proposed critical habitat covered by this SHA have been excluded from
the final designation.
Comment (170): One comment states that Rayonier (a forest products
company) already protects 100 of the 540 ac (40 of the 220 ha) of its
land in Washington proposed for critical habitat, making the remaining
440 ac (180 ha) especially important to Rayonier, local communities,
and the people who work in forest industry. A reduction in logging on
these 440 ac
[[Page 72031]]
(180 ha) would directly reduce logging and trucking jobs and have
downstream effects in the community.
Our Response: We determined that the lands owned by Rayonier did
not meet our definition of critical habitat, therefore these lands are
not included in our final designation (see Comment (106)). Therefore,
we do not anticipate any potential impact of critical habitat in terms
of possible reduced harvests on Rayonier lands or effects on local
employment due to this rulemaking.
Comment (171): One comment noted that the ``checkerboard'' and
intermingled Federal and private ownership patterns make it difficult,
if not impossible, for many timberland owners to haul their timber
products without the use of some type of Federal road use permit.
Access to existing or new roads may be precluded by critical habitat
concerns.
Our Response: This issue is addressed in Chapter 5 (p. 5-6) of the
FEA. The report notes that a review of Federal consultations over the
last 3 years indicates that no consultations related to the northern
spotted owl have resulted from application for this type of permit.
Representatives of the USFS and BLM further noted that formal
consultation of this type of activity is not prioritized, and that any
request for consultation would likely be limited to hauling activity
and would not include the timber harvest activity itself. As a result,
we do not anticipate any direct effects on State or private lands as a
result of this potential nexus.
Comment (172): One comment notes that the DEA does not address
potential affects to the U.S. Treasury and Federal job losses.
Our Response: Project modification costs quantified in the DEA
result from changes in the quantity of timber harvested on Federal
lands. As discussed in detail in Chapter 4 of the DEA, section 7
consultations on the sale of timber from Federal lands may result in an
increase, decrease, or no change in harvest levels, based on several
plausible assumptions. The direct cost (or benefit) of these section 7
project modifications is a loss (or gain) in Federal revenues collected
by the U.S. Forest Service and the U.S. Bureau of Land Management
resulting from the associated timber sales. Stumpage values related to
these effects are summarized in Exhibit ES-4 of the DEA. With available
data, we are unable to discern how these timber harvest changes may
affect employment at Federal agencies.
Comment (173): One commenter suggested that the DEA fails to comply
with the requirements of Executive Order 12866, which requires the
Secretary to base his decision on the best reasonably available
economic information, and circular A-4, which provides guidance for
complying with Executive Order 12866. The commenter states that the DEA
applies different standards of information and analysis in its
assessment of the effect of the proposed rule on timber production and
its assessment of other important ancillary benefits of the
designation, as well as the baseline applied in the analysis.
Our Response: An assessment of ancillary benefits is not possible
without first assessing the effect of the proposed rule on timber
production; the ancillary benefits derive from changes in timber
management practices. Therefore, accurately assessing changes in timber
production is critical for multiple facets of the economic analysis.
The results of this assessment suggest that incremental changes in
annual harvests are likely to be small, less than one percent of total
harvests in the 56 counties overlapping the designation. While
quantification of the value of foregone timber (or timber brought back
into production as a result of the regulation) is relatively
straightforward, because market data provide an indication of the value
of this resource, estimating the marginal changes in terms of the
distributional impacts on communities of these small changes in
harvests, or the marginal changes in ecosystem services, is challenging
and requires significantly more data and sophisticated modeling tools.
Thus, both are discussed qualitatively in the FEA.
Regarding the assessment of ancillary benefits, Circular A-4
states, ``You should begin by considering and perhaps listing the
possible ancillary benefits and countervailing risks. However, highly
speculative or minor consequences may not be worth further formal
analysis. Analytic priority should be given to those ancillary benefits
and countervailing risks that are important enough to potentially
change the rank ordering of the main alternatives of the analysis''
(Circular A-4, p. 26). This text provides some discretion to the Agency
to determine whether the quantification of ancillary benefits is
necessary. As described in responses to earlier comments, the
application of best available data and tools to estimate the
incremental changes in ecosystem services resulting from the
designation of critical habitat would require significant effort and
some data that do not currently exist. Because the Service has not
excluded areas where such benefits are possible (i.e., Federal matrix
lands), quantification of ancillary benefits would not change the
regulatory outcome.
With regard to baseline definition, the comment suggests the
analysis should incorporate potential future changes in timber markets,
changes in external factors affecting costs and benefits, changes in
future regulations, and likely future compliance with other
regulations. With regard to future demand for timber, the analysis
relies on the best available data provided by the USFS and BLM
regarding baseline harvest levels (see FEA paragraphs 166 through 175).
Data to predict future changes in the demand of timber products are
highly speculative, given current economic conditions (e.g., demand for
timber is largely driven by the housing market). We have no reason to
anticipate other regulatory changes that would affect the designation
of critical habitat, and the comment provides no additional information
on this topic. Finally, we consider the degree of compliance with
section 7 of the Act in the absence of critical habitat in determining
the likelihood of future consultations (see, for example, the
discussion in paragraphs 181 through 186 of the FEA).
Comment (174): One comment claims that the DEA distorts the impacts
of the proposed critical habitat designation on Douglas County by
including ``metropolitan areas that have little to no critical habitat
nor similarities to Douglas County's social and economic environment.''
Our Response: Chapter 6 of the DEA provided a detailed
socioeconomic profile of each of the 23 counties (including Douglas
County) containing proposed critical habitat subunits with higher
proportions of Federal forests that are relatively more likely to
experience incremental impacts due to the designation of critical
habitat. The analysis presents data on the percent change in timber
production between 1990 and 2010 for each county, and on the percent
growth of annual industry employment between 1989 and 2009 for each
county. In addition, the analysis presents data on Federal land
payments to each of the 23 counties as a percent of the total local
government revenue in FY 2009, demonstrating the relative importance of
these funds to each county's budget. The analysis then concludes that
five counties (including Douglas County) may be more sensitive to
additional incremental changes in timber harvests, industry employment,
and Federal land payments. Such data are not readily available at a
sub-county level. We believe, however, the
[[Page 72032]]
information provides sufficient context for understanding relative
economic circumstances across the designation.
Comment (175): One comment states that designating O&C lands as
critical habitat is inconsistent and in direct conflict with the
statutory provisions of the O&C Act and Sec. 701(b) of FLPMA (Federal
Lands Policy management Act). (``O&C lands'' refers to certain areas in
western Oregon established under the O&C Act of 1937, and ``O&C''
counties represent those counties containing O&C lands). The
Association of O&C Counties asserts that the proposed critical habitat
designation will prevent 18 O&C counties from receiving sufficient
revenues on a sustainable basis as required by the O&C Act, and will
result in employment and income impacts on a local and regional scale.
Our Response: The designation of critical habitat is not a land use
allocation. Under section 7(a)(2) of the Act, each Federal agency must
insure that any action authorized, funded, or carried out by the agency
is not likely to jeopardize the continued existence of any endangered
or threatened species or result in the destruction or adverse
modification of the designated critical habitat of the species. 16
U.S.C. 1536(a)(2). To help action agencies comply with this provision,
section 7 of the Act and the implementing regulations set out a
detailed consultation process for determining the impacts of a proposed
activity on species listed as threatened or endangered, or its
designated critical habitat. 16 U.S.C. 1536; 50 CFR Part 402. In
Seattle Audubon Society v. Lyons (``Lyons''), 871 F. Supp. 1291 (W.D.
Wash. 1994), the district court held that ``the O & [C Act] does not
allow the BLM to avoid its conservation duties under NEPA or ESA * *
*'' Id. at 1314. The critical habitat designation does not preclude the
sustained yield timber management of O&C lands consistent with the
above requirements of the Act. The economic impact to local counties of
this critical habitat designation will be determined by the timber
management direction the Federal land managers take within critical
habitat lands. We believe the ecological forestry techniques discussed
in this designation could allow for timber harvest that is consistent
with critical habitat objectives and section 7(a)(2), thereby providing
increased revenues to affected counties. The Service encourages land
managers to consider use of this type of forest management in critical
habitat where appropriate.
As discussed in detail in Chapters 3 and 6 of the FEA, the O&C
counties currently elect to receive Secure Rural Schools and Community
Self-Determination Act (SRS) rather than revenue-sharing payments from
BLM under the O&C Act. These payments are supplemented by Payments in
Lieu of Taxes (PILT) (see paragraphs 128 through 130 of the FEA). Even
absent the designation of critical habitat, the magnitude of future
payments under these programs is highly uncertain given that these
Federal programs have not been reauthorized (i.e., SRS) or funded
(i.e., PILT) by Congress. If SRS and PILT payments continue, the
changes in harvests on BLM lands will have minimal to no effect on
payments, because SRS and PILT are not directly linked to harvest
levels. However, if Congress decides to reduce or end payments under
SRS and PILT, counties will shift back to receiving revenue-sharing
payments under the O&C Act, and changes in timber harvests on BLM lands
will affect the size of these payments. Importantly, we note that under
the third scenario analyzed in the DEA, the potential decrease in
harvest from BLM lands represents approximately 2 percent of total
harvests from BLM lands in these counties (Based on BLM transaction
data over the last four quarters (2011Q4-2012Q3) viewed at https://www.blm.gov/or/resources/forests/blm-timber-data.php). Thus, if
affected, impacts to revenue payments resulting from the designation
are likely to be small.
Comment (176): One commenter states increased timber production
often has been associated with deteriorating indicators of socio-
economic well-being in nearby rural communities, including income,
percent living in poverty, and housing conditions, and noted a positive
relationship between the health of local economies and the presence of
unlogged Federal forests.
Our Response: The comment cites extensively from a report by the
National Resources Council (NRC) (NRC 2000). The committee was asked to
evaluate the nature of possible economic and social costs and benefits
of alternative forest management practices. The committee wrote,
``[a]lthough the question is easy to ask, it is hard to answer. Few
social-impact studies clearly tie social and economic outcomes with
specific forest-management practices, such as old-growth harvest rates,
the use of clearcutting as a harvest technique, or the relative
intensity of silvicultural practices'' (p. 163). The committee went on
to review a meta-analysis of the relationship between varying levels of
timber dependence and measures of community well-being, which finds for
most relationships that ``well-being went up as timber dependency went
down'' (p. 163). Furthermore, the committee cited studies suggesting
that ``wilderness and amenity protection can have a positive influence
on certain measures of community well-being, although in-migration
brings its own difficulties'' (NRC 2000, p. 164).
The NRC report concluded, ``[d]iverse economic conditions create
diverse opportunities and thus temper the effects of timber industry
fluctuations on local communities'' (p. 165). It went on to note that
``[a]s the importance of extractive industry declines, the Pacific
Northwest communities are looking toward tourism as a way to bolster
their economies * * * However, tourism by itself is not a substitute
for timber industry jobs'' (NRC 2000, p. 167).
In summary, the NRC report suggests that economically diverse
communities are better off than communities that are highly dependent
on the timber industry, and preserving wilderness can attract new
economic activity to communities. We have added text summarizing the
NRC findings in the FEA. However, the designation of critical habitat
does not preserve wilderness. Furthermore reducing timber harvests does
not guarantee that other sources of economic activity, such as tourism
or in-migration by wealthy, highly educated individuals, will generate
enough new economic activity to replace lost timber-related jobs and
wages. Finally, the designation is likely to reduce or increase annual
timber harvests from Federal lands by less than one percent. Thus, any
changes in economic diversity resulting from the rule are likely to be
difficult to measure.
Comment (177): One comment suggests that the proposed critical
habitat designation will create a regulatory hurdle that will impede
the construction of vital infrastructure projects (roads, bridges,
power lines, and other utilities).
Our Response: Chapter 7 of the DEA discusses the potential economic
impacts to road and bridge construction and maintenance, and
installation and maintenance of power transmission lines and other
utility pipelines. The analysis concludes that all potential
conservation efforts associated with linear projects are expected to
result from the presence of the northern spotted owl, not the
designation of critical habitat, and are thus considered baseline
impacts (see paragraphs 315 through 320 of the DEA). Incremental costs
attributable to critical habitat are limited to the administrative
costs of additional hours spent by Federal
[[Page 72033]]
agency staff and the Service to consider critical habitat during
section 7 consultation on these projects.
Comment (178): Many comments describe the adverse impacts that
changes in the timber industry have had on local and regional
employment levels, government revenues, and overall socioeconomic
conditions. Several of these comments request that these impacts be
taken into consideration in the economic analysis.
Our Response: Chapter 3 of the DEA describes how, over the past 20
years, the Pacific Northwest timber industry has undergone significant
changes that have manifested in reduced timber-related jobs and
revenues. The analysis provides detailed data on the changes in timber
production levels between 1990 and 2010, and on the changes in industry
employment and payroll between 1989, 1999, and 2009 in each of the 56
counties where critical habitat was proposed. This information is
intended to provide context for the analysis and illustrate the
importance of the timber industry to local economies. In addition,
Chapter 6 of the DEA provides a detailed socioeconomic profile of the
23 counties containing proposed critical habitat subunits that contain
a higher proportion of Federal lands that are relatively more likely to
experience incremental impacts due to the designation of critical
habitat. The chapter examines trends in timber harvests, industry
employment, and Federal land payments in these counties, and concludes
that certain counties may be more sensitive to additional incremental
changes in timber harvests, industry employment, and Federal land
payments.
Comment (179): The Small Business Administration (SBA) expressed
concern that the Service does not have an adequate factual basis for
certifying that the rule will not have a significant economic impact on
a substantial number of small businesses. It disagrees with the
Service's assertion that small businesses are not directly regulated by
the proposed rule and states that the Service incorrectly analyzes the
universe of affected small businesses by counting the number of
consultations required by the designation, as opposed to the number of
all small businesses affected by these consultations. SBA also notes
that the DEA states private landowners may be affected if they have
federally funded or permitted activities on Federal or private land,
such as participation in timber sales or timber management projects or
application for a section 10 permit.
Our Response: The Service agrees with SBA's statement that small
entities (businesses, governments) may be affected by the designation
of critical habitat as third parties involved with consultation under
section 7 of the Act with Federal action agencies. However, we disagree
that these entities are directly regulated. This position is supported
by existing case law regarding the certification requirements under the
Regulatory Flexibility Act (RFA), the Small Business Regulatory
Enforcement Fairness Act (SBREFA) (see paragraphs 378 through 381 of
the DEA), and SBA's handbook, ``A guide for Government Agencies: How To
Comply With the Regulatory Flexibility Act (2003). However, we believe
it is good policy to assess these indirect impacts to third parties if
we have sufficient available data to complete the necessary analysis,
whether or not this analysis is strictly required by the RFA.
Therefore, where third parties are anticipated to participate in
consultations under section 7 of the Act with Federal action agencies,
these entities are included in the screening analysis (see paragraphs
383 through 392 of the DEA). Please refer to the discussion under
Regulatory Flexibility Act later in this final rule and the FEA for a
more complete discussion of our factual basis for certification under
RFA that this rule will not result in a significant impact to a
substantial number of small entities.
Comment (180): An additional entity asserts that the Service is
incorrect in stating that only Federal agencies will be ``directly
regulated'' by critical habitat designation. It contends that private
sector entities relying directly or indirectly on Federal timber sales
are also directly regulated. The entity cites case law, stating, ``The
RFA requires consideration of `the small entities which will be subject
to the proposed regulation--that is, those small entities to which the
proposed rule will apply.' Cement Kiln Recycling Coalition v. E.P.A.,
225 F. 3d 855, 869 (DC Cir. 2001).'' A critical habitat designation
``applies to'' private parties as much as Federal agencies; a private
party seeking a Federal permit that may affect designated critical
habitat cannot obtain the permit until a consultation is completed
under section 7 of the Act, and has the statutory right to participate
in that consultation. Thus, such entities must be considered under the
RFA.
Our Response: The Service's current understanding of recent case
law, including the Cement Kiln case, is that Federal agencies are only
required to evaluate the potential incremental impacts of rulemaking on
those entities directly regulated by the rulemaking; therefore, they
are not required to evaluate the potential impacts to those entities
not directly regulated. The language from the Cement Kiln case quoted
by the commenter merely restates the language of the RFA itself.
Several court decisions, including the Cement Kiln decision, have
interpreted that language to require Federal agencies to analyze the
rule's effects on any small entities that are subject to--that is,
directly regulated by--the rule, rather than requiring Federal agencies
to consider every potential impact that a regulation may have on
indirectly affected small entities. See also Am. Trucking Ass'ns v.
Envtl. Prot. Agency, 175 F.3d. 1027 (D.C. Cir. 1999); Mid-Tex Elec.
Coop. v. Fed. Energy Regulatory Comm'n, 773 F.3d 327 (D.C. Cir. 1985);
et al.
The regulatory mechanism through which critical habitat protections
are realized is section 7 of the Act, which requires Federal agencies,
in consultation with the Service, to insure that any action authorized,
funded, or carried out by the Agency is not likely to adversely modify
critical habitat. The designation of critical habitat for an endangered
or threatened species only has a regulatory effect where a Federal
action agency is involved in a particular action that may affect the
designated critical habitat. Under these circumstances, only the
Federal action agency is directly regulated by the designation, and,
therefore, consistent with the Service's current interpretation of RFA
and recent case law, the Service may limit its evaluation of the
potential impacts to those identified for Federal action agencies.
Under this interpretation, there is no requirement under the RFA to
evaluate the potential impacts to entities not directly regulated, such
as small businesses. However, EO's 12866 and 13563 direct Federal
agencies to assess costs and benefits of available regulatory
alternatives in quantitative (to the extent feasible) and qualitative
terms. Consequently, it is the current practice of the Service to
assess to the extent practicable these potential impacts if sufficient
data are available, whether or not this analysis is believed by the
Service to be strictly required by the RFA. In other words, while the
effects analysis required under the RFA is limited to entities directly
regulated by the rulemaking, the effects analysis under the Act,
consistent with the EO regulatory analysis requirements, can take into
consideration impacts to both directly and indirectly impacted
entities, where practicable and reasonable.
Therefore, as discussed in the previous response, where third
parties
[[Page 72034]]
are anticipated to participate in section 7 consultations, these
entities are still included in the screening analysis if sufficient
data is available to complete the necessary analysis. The direct
compliance costs of section 7 consultations concerning timber sales are
the administrative costs of conducting the consultation, which are
primarily borne by the Service and the Federal Action Agency, and
potential changes in revenues to Federal agencies from timber sales.
Potential impacts to the profitability of timber industry entities
resulting from changes in the price or availability of timber represent
an indirect effect of the regulation. In this case, we note that
potential changes in timber harvests are anticipated to be less than
one percent of average annual harvests in the region subject to the
designation.
Comment (181): The SBA states that the Service underestimates the
economic impact of the rule on the timber industry and private
landowners because, in its screening analysis, it only considers
administrative costs of section 7 consultations, rather than
quantifying the costs of project modifications resulting from those
consultations.
Our Response: Project modification costs quantified in the DEA
result from changes in the quantity of timber harvested on Federal
lands. As discussed in detail in Chapter 4 of the DEA, section 7
consultations on the sale of timber from Federal lands may result in an
increase, decrease, or no change in harvest levels, based on several
plausible assumptions. We note that if future harvests are restricted,
total annual harvests could decrease by 24.56 million board feet
(MMBF). This decrease represents less than one percent of 2010 total
harvest and the average annual harvests between 2006 and 2010 across
the 56-county area overlapping proposed critical habitat. The
designation may also result in an increase in annual harvests of 12.28
MMBF, or less than half a percent of total annual harvests in the 56-
county area. Finally, it is possible that harvest levels will not
change a result of the designation. In summary, the proposed rule is
anticipated to have a minor impact on future harvest levels. Although
the Service has estimated these potential impact scenarios relative to
the total harvest, the agency acknowledges that the designation of
critical habitat may have indirect impacts on industry subsectors and/
or related sectors with high concentrations of small businesses.
However, a more detailed analysis capturing these impacts is not
available to the agency at this time.
The direct cost (or benefit) of these section 7 project
modifications is a loss (or gain) in Federal revenues collected by the
U.S. Forest Service and the U.S. Bureau of Land Management resulting
from the associated timber sales. Stumpage values related to these
effects are summarized in Exhibit ES-4 of the DEA. In the FEA, we
include additional information in the RFA/SBREFA screening analysis
(Appendix A) describing these project modification costs, which are
borne entirely by Federal agencies.
The potential indirect effects of these lost Federal revenues, in
terms of implications for County revenue sharing programs, are
discussed in Chapter 6 of the DEA (see paragraphs 293 through 299). In
addition, Chapter 6 also identifies the counties with Federal lands
more likely to experience changes in harvest levels as a result of the
designation and provides background information on harvest and
employment trends in these counties.
Comment (182): Several commenters stated that the DEA
misrepresented the baseline or underestimates timber harvest impacts on
Federal lands. One commenter in particular asserts that the true
baseline is best represented by the land management plans that have
been adopted by BLM and FS, in which planned annual harvest volumes may
total 840 MMBF across all lands encompassed by the NWFP.
Our Response: The baseline projection should represent the best
estimate of the world absent critical habitat, given the best available
data. Relying on this criterion, the baseline projection first focuses
on areas of the proposed designation where incremental impacts to
Federal timber harvest are relatively more likely to occur as a result
of critical habitat. As identified in the Incremental Effects
Memorandum, these areas include matrix lands that are likely to be
unoccupied by the northern spotted owl, representing approximately 1.4
million acres of matrix lands out of approximately 12 million Federal
acres in the proposed designation. Given that incremental impacts, if
any, are likely to occur primarily in these more discrete areas, a
projection utilizing the range-wide planned harvest levels contemplated
under the NWFP would overstate baseline conditions.
Second, based on historical experience, projected actual timber
harvest in the baseline on USFS and BLM lands is likely to be less than
that in the formally-approved land management plans under the NWFP.
Federal land managers have not achieved this level of timber harvest
over the past several years, and do not anticipate this level of
harvest in the future, providing further confirmation that the
identified long-term sustained yield of 840 MMBF associated with these
plans would overstate the baseline.
For those matrix areas where incremental effects may be relatively
more likely to occur, the FEA utilizes a variety of planned, historical
actual, and projected actual timber harvest data provided by BLM and FS
to derive the annual baseline projection, which totals approximately
123 MMBF. This projection is then appropriately caveated, with the FEA
noting that within the discrete areas of each subunit where incremental
effects may occur, the subunit level projection could vary materially
from future actual timber harvest in these areas.
We note further, however, that based on comments received from
Federal land managers, we have added an additional sensitivity analysis
to Chapter 4 of the FEA. Specifically, the sensitivity analysis tests
alternative assumptions concerning: (a) The percentage of northern
spotted owl habitat on BLM matrix lands that is likely to be
unoccupied, which increases the acreage where incremental timber
harvest impacts may occur and thus the baseline projection; and (b) the
baseline harvest projection for USFS Region 6, where we assume a 20
percent increase in baseline timber harvest relative to historical
yields.
Comment (183): Several commenters questioned whether the DEA was
meaningful, because it displays results as a menu of choices, including
a potential increase in timber harvest on Federal lands. In addition,
one commenter contemplated a potential reduction in annual planned
harvest volumes of 500 MMBF as a result of critical habitat
designation.
Our Response: The DEA presented alternative scenarios due to
considerable uncertainty regarding the specific projects that may be
proposed or management options that Federal land managers may consider.
These scenarios are intended to present a range of estimates for the
potential incremental impacts of various options for complying with
section 7 available to Federal agencies. Based on the best available
data and information, these decisions, including the adoption of
ecological forestry practices, may result in harvest levels being
maintained (as described in Scenario 1), increased (Scenario
2), or decreased (Scenario 3). This range of
estimates is not meant
[[Page 72035]]
to be interpreted as ``over 100 potential outcomes.'' Statistical
analyses frequently account for uncertainty by presenting a range of
estimates in which each individual data point is not considered an
independent outcome. One purpose of this analysis was to aid the
Secretary in determining if any lands should be excluded due to the
financial burden associated with the designation, and this analysis
does so by identifying the subunits and relevant landowners for whom
incremental impacts are relatively more likely to occur, as
demonstrated through these scenarios.
With respect to the representation of the potential 500 MMBF
reduction in annual timber harvest, this figure overstates any possible
effect of critical habitat. This volume is roughly equivalent to the
total harvest on the National Forest System and BLM lands in the NWFP
area in recent years, and is roughly five times the baseline harvest
projection for potentially-affected areas. The figure implies that the
designation will largely preclude any timber harvest whatsoever on
Federal lands operated under the NWFP. Based on the historical record
of actual timber harvest volumes and the best available information
concerning potential future harvest activity under the designation, we
reject this representation.
Comment (184): One comment suggested that the DEA underestimated
the administrative costs associated with consultations.
Our Response: The additional burden of 4 to 6 hours described in
the FEA reflects an incremental impact to consultations that would
already occur due to the listing of the species. These costs do not
reflect the total cost of consultations that would occur absent the
critical habitat designation. The FEA discusses additional
consultations that would not have occurred but for the critical habitat
designation.
Comment (185): One commenter stated that the high-impact economic
estimate based on a $250/mbf stumpage value underestimates the true
economic costs of the proposed designation, and that a stumpage rate of
$350/mbf is more realistic.
Our Response: The stumpage values in the economic analysis ($100 to
$250/mbf) reflect a wide range of historical values for timber harvest
from Federal lands for the years 2000 to 2011 (the most recent
estimates that were available). Average stumpage prices vary by forest,
species, product, and year, reflecting, among other things, shifts in
economic demand. Exhibit 4-11 presents a weighted average of stumpage
values across USFS National Forests and BLM districts within the
proposed critical habitat designation for each Federal land manager.
These values best represent the average price of timber sold in areas
of concern where incremental effects are relatively more likely to
occur. Please see chapter 4.4.3 of the FEA for further explanation of
how we arrived at these values. However, even if we apply the $350/mbf
figure, the annual high-impact result would increase by $2.5 to $2.9
million, which is still a relatively small incremental impact.
Comment (186): One submission noted that a number of Pacific
Northwest Ski Areas Association (PNSAA) member ski areas operate on
National Forest System (NFS) land potentially within the range of the
northern spotted owl. The primary request of the comment is that areas
covered by special use permits (SUPs) under which the ski areas operate
be excluded from the final designation. The comment goes on to note
potential burdens critical habitat designation may entail for these
areas and their economic impact. This economic activity and any related
regulatory impacts are not addressed in the draft economic analysis.
Our Response: While ski areas are found on a very small proportion
of the forested lands in the Pacific northwest, our analysis found
these lands provide essential high-value northern spotted owl habitat
to the critical habitat network. Currently, impacts to northern spotted
owl habitat in these areas are subject to the section 7 consultation
process for effects to northern spotted owls. Our experience shows that
ski area development actions generally tend not to conflict with
northern spotted owl and critical habitat conservation needs, so we do
not anticipate any significant regulatory burden associated with the
designation of these lands as critical habitat. Removing lands managed
under ski area special use permits would increase fragmentation of the
critical habitat network and potentially continuous tracts of northern
spotted owl habitat. Therefore, there is a greater benefit to the
species associated with retaining ski areas in the critical habitat
designation. In situations involving the imminent loss of human life or
property the managing agency should implement emergency section 7
measures to avoid compromising public safety. A note regarding ski area
activities and their economic impact has been added to Chapter 1 of the
FEA.
Comment (187): Several submissions commented upon how critical
habitat may affect wildfire risks and related coverage of this issue in
the draft economic analysis. One comment asserts that critical habitat
makes fuel management more difficult, resulting in the destruction of
habitat. Another comment notes the prospect of reduced fire risk under
critical habitat due to restoration of riparian forests or road
closure.
Our Response: The FEA addresses the potential impacts of critical
habitat on fire management in Chapters 4 and 8. In Chapter 4, the FEA
discusses the fact that ecological fire salvage activities contemplated
as part of proposed critical habitat designation on both reserved and
nonreserved lands may result in incremental economic effects. Due to
data limitations and fire location uncertainty, however, these effects
are not quantified. In the benefits discussion in Chapter 8, the FEA
recognizes that it is possible that the designation could result in
increased resiliency of timber stands associated with improved timber
management practices, such as thinning, partial cutting, and adaptive
management and monitoring. These efforts may reduce the threat of
catastrophic events such as wildfire, drought, and insect damage. This
in turn may generate benefits in the form of reduced property damage.
Comment (188): One comment noted that the DEA only considers
impacts related to logging, and limits its coverage of many other
economic purposes that critical habitat may negatively affect.
Our Response: Based on a review of the consultation record,
recognized threats to the species, and other related information, the
FEA focuses on those economic activities that could be materially
affected by the designation. These activities include timber harvest on
public and private lands, fire management activities, and linear
projects (roads, gas pipelines, utility lines, etc.). We are not aware
of other economic activities that will be materially affected by the
designation. In addition, the FEA qualitatively considers potential
benefits from the designation on certain activities, including
recreation.
Comment (189): Multiple submissions assert that the DEA does not
sufficiently consider the cumulative economic impacts of northern
spotted owl conservation efforts since the time of its listing, instead
focusing primarily on the potential incremental impacts of the proposed
critical habitat designation prospectively.
Our Response: The U.S. Office of Management and Budget's (OMB)
guidelines for best practices concerning the conduct of economic
analysis of
[[Page 72036]]
Federal regulations direct agencies to measure the costs of a
regulatory action against a baseline, which it defines as the ``best
assessment of the way the world would look absent the proposed
action.'' (OMB, ``Circular A-4,'' September 17, 2003, available at
https://www.whitehouse.gov/omb/circulars/a004/a-4.pdf.) The baseline
utilized in the DEA is the existing state of regulation, prior to the
designation of critical habitat, which provides protection to the
species under the Act, as well as under other Federal, State, and local
laws and guidelines. To characterize the ``world without critical
habitat,'' the DEA also endeavors to forecast these conditions into the
future over the timeframe of the analysis, recognizing that such
projections are subject to uncertainty. This baseline projection
recognizes that the northern spotted owl is already subject to a
variety of Federal, State, and local protections throughout most of its
range, due to its threatened status under the Act and regardless of the
designation of critical habitat.
Significant debate has occurred regarding whether assessing the
impact of critical habitat designations using this baseline approach is
appropriate, with several courts issuing divergent opinions. Courts in
several parts of the country, including the 9th Circuit Court of
Appeals, which has jurisdiction in Washington, Oregon, and California,
have ruled that the consideration of economic impacts in the
designation of critical habitat should be based on the incremental
impacts of the designation. See, e.g., Home Builders Association of
Northern California v. United States Fish and Wildlife Service, 616
F.3d 983 (9th Cir. 2010), cert. denied, 179 L. Ed. 2d 301; Arizona
Cattle Growers v. Salazar, 606 F.3d 1160 (9th Cir. 2010), cert. denied,
179 L. Ed. 2d 300.
Chapter 3 of the FEA provides extensive discussion of the
historical and current economic conditions against which critical
habitat is designated. Specifically, the document provides data, by
each of the 56 counties overlapping the proposed rule, on changes in
timber harvests, timber industry employment, and timber industry
payroll since 1989. It also provides a detailed discussion of the
existing revenue-sharing programs related to timber harvests and the
data describing which counties are most reliant on these programs.
Comment (190): One comment states that, while accepted in the
academic literature, existence values, contingent values, recreational
hedonic values, and other nonmarket values that might be assigned to
critical habitat designation are unreliable and irrelevant where the
only benefit of relevance to the decisionmaker is the conservation of a
listed species. The Act calls for a cost-effectiveness approach where
the Service should seek to minimize the economic costs and burdens that
must be incurred to designate only that habitat that is essential for
species conservation. Other benefits are irrelevant and should not be
offset against the costs.
Our Response: The valuation of nonmarket goods as part of the
evaluation of the benefits of proposed Federal regulations is a widely
accepted and regularly applied practice. The U.S. Office of Management
and Budget (OMB) explicitly recommends the use of revealed preference
(recreational demand models, hedonics) and stated preference methods
(contingent valuation) in its guidance to Federal agencies (Circular A-
4) on best practices for preparing regulatory analysis required by
Executive Order 12866. Circular A-4 includes criteria for conducting
and applying stated preference studies, which are commonly used to
measure existence values. Chapter 8 of the FEA describes the data
limitations preventing the Service from quantifying or estimating the
value of these benefits. Thus, the direct benefits of the designation
are described qualitatively.
In weighing the benefits of including an area in critical habitat
as opposed to excluding it, ancillary benefits may be considered,
although we agree with the comment that the most relevant benefit of
designating critical habitat for the northern spotted owl are the
benefits to the species' conservation and recovery. However, ancillary
benefits are relevant only to a decision whether to exclude an area
under section 4(b)(2) of the Act, not to the threshold determination
that an area meets the definition of critical habitat. We agree that
only lands that meet the definition of critical habitat (areas occupied
at the time of listing containing features essential to the species'
conservation or unoccupied areas that are themselves essential to the
species' conservation) should be designated.
Comment (191): One comment states that most of the economic
benefits (e.g., existence value, wildlife viewing, ecosystem services)
derive from the listing; the incremental benefit of critical habitat is
negligible to nonexistent.
Our Response: As discussed in detail in the DEA, particularly
Chapter 4, the designation of critical habitat may result in changes in
timber management practices. These physical changes are likely to
support the conservation and recovery of the northern spotted owl. As
described in Chapter 8 of the DEA (paragraphs 342 through 343), the
benefits of the regulation in terms of improved probability of northern
spotted owl conservation and recovery are difficult to quantify due to
existing data limitations.
Comment (192): Several commenters asserted that in not attempting
to quantify environmental and ecosystem services benefits, the Service
is not employing the best available science regarding the benefits that
endangered species and their critical habitat provide, and is
undervaluing the economic benefits of the designation. The comment
asserts that multiple global efforts have been developed to quantify
ecosystem services in order to inform policy, promote incorporating
ecosystem services into decision making, and provide guidelines to
assess costs and benefits of policies and better account for ecosystem
service effects. Commenters encourage the Service to make a credible
(if rapid) attempt to value ecosystem service benefits and consider
ecosystem services.
Our Response: The Service recognizes that much attention has been
paid nationally and globally to valuing ecosystem services provided by
landscapes. Published, peer-reviewed studies provide information on
values of multiple categories of ecosystem services (e.g., agricultural
production, water quality regulation, carbon storage and sequestration,
recreation, aesthetic values, etc.) across a variety of land use types
(e.g., wetlands, forests, etc.). Over the past 20 years, multiple
studies have relied on this literature to develop large-scale benefits
transfer analyses in order to estimate a total value of a parcel of
land, a watershed, a State, or even the planet (e.g., Costanza 1997, as
described in the comment letter).
The first comment focuses in particular on the potential relevance
to the DEA of a large-scale benefits transfer estimate developed for
the Skykomish watershed. This study is characterized as a ``rapid
ecosystem service valuation.'' In general, the authors first identified
land cover types present in the watershed, identified the categories of
ecosystem services relevant to those types, and then researched
existing studies valuing those categories of ecosystem service
benefits. From the available literature, the authors estimated a range
of values for each category of ecosystem service by relying on the low
end and high end estimates identified. The authors then summed across
relevant ecosystem service values
[[Page 72037]]
to estimate a value range for each land cover type, and summed across
the land cover types within the watershed to estimate a value range for
the entire Skykomish watershed of $245 million to $3.3 billion per
year.
While case- and site-specific modeling to value ecological benefits
is preferable, the Service agrees that benefits transfer methods may be
useful in the absence of resources for intensive primary research. To
use these methods in support of Federal rulemakings, OMB has developed
guidelines for conducting credible benefits transfer. A rapid
assessment of ecosystem services, such as that developed for the
Skykomish, is unlikely to meet the criteria specified by OMB. Multiple
responses to similar large-scale benefits transfer studies have
highlighted the theoretical and practical problems associated with
estimating and extrapolating per-acre estimates of values taken from
other studies of ecosystem services (e.g., Bockstael et al., 2000).
First, this approach ignores site-specific factors affecting the
production of services by not accounting for variations in the
condition or quality of an ecosystem. For example, a less dense or
degraded forest area stores less carbon than a dense, healthy forest.
The extent to which a given acre of land delivers ecosystem services
also depends on the surrounding land uses. For example, a wetland
downslope of cropland may provide a valuable service by filtering
nitrogen runoff and decreasing the total amount of the nutrient
reaching a water supply, whereas a wetland surrounded by forest is
unlikely to intercept such runoff to begin with and, therefore, would
not provide this service. By relying on site-specific studies valuing
these types of services in other areas--the Skykomish study relies on a
variety of studies of ecosystems all across the country--these
differences are not taken into account. In addition, benefits transfer
for rapid assessments, such as the Skykomish study, fail to account for
differences in values associated with differences in socioeconomic
context between sites. For example, the recreational value of a forest
depends on multiple site-specific socioeconomic factors such as
accessibility (landownership and proximity to roads and towns). In
transferring values of ecosystem services from other studies, the
Skykomish study fails to account for such ecological and socioeconomic
context affecting these values. This represents one reason we do not
rely on the values presented in this study in the DEA.
Second, rapid assessments do not provide information on the effects
of changes in the condition or quality of an ecosystem on the
associated service values. The Skykomish study assigns an equal value
to all ``forest'' acres and therefore does not provide any information
to support an analysis of the ecosystem service benefits of changes in
the management of a forest. It is the incremental change in the value
of a service provided that is relevant to the DEA. For example, the DEA
concludes critical habitat designation for the northern spotted owl may
result in the harvest of fewer board feet of timber in a portion of the
forests. Decreased harvest of trees may not change the land cover type
(forest) as characterized in the rapid assessment; it simply affects
the density of the trees in given areas. The rapid assessment approach
does not address such differences across areas within a land use type
(i.e., forests); rather, it is more useful in comparing the ecosystem
services provided across different land use types (i.e., deserts,
prairie, forests, marshes) and is therefore of limited use in
evaluating tradeoffs associated with changes in the condition of a
given ecosystem.
Consequently, absent a full-scale change from one ecosystem type to
another, the rapid assessment approach to valuing benefits of critical
habitat designation does not provide a valid approach to quantifying
the ecological benefits of critical habitat designation for the
northern spotted owl. While the DEA provides information on the types
of services associated with the ecosystems types potentially affected
by the designation, it does not attempt to perform a rapid assessment
of the values of these services, for the reasons stated.
Comment (193): One commenter suggested that the Service could
employ any of three approaches to value ecosystem service benefits of
critical habitat designation: (1) The Integrated Valuation of Ecosystem
Services and Tradeoffs (InVEST) model; (2) the Ecosystem Services
Review Method; and (3) the Wildlife Habitat Benefits Estimation
Toolkit. The comment states that all three are available and ready for
immediate, widespread use. A second comment states that the Service is
far behind the ecosystem services valuation curve.
Our Response: The Service recognizes that multiple tools exist that
focus on evaluating ecosystem service benefits of land management
changes. The authors of the DEA have experience with a number of these
methods, including the InVEST tool and the Wildlife Habitat Benefits
Estimation Toolkit. As a practical matter, the InVEST tool could be
used to evaluate potential ancillary benefits of critical habitat for
the northern spotted owl. The tool comprises a series of biophysical
and economic models that aim to translate changes in a given landscape
into changes in the delivery of multiple ecosystem services. These
models are data-intensive and require site-specific information.
For each ecosystem service, InVEST relies on two separate models:
One that estimates the biophysical change in the delivery of a service
and, for some services, a second economic model that monetizes that
change. For example, to estimate the change in water quality resulting
from changes in the management of a given forest, the following types
of detailed, on-the-ground, data would be required as inputs to the
biophysical model: A digital elevation model, soil depth, plant
available water content (the fraction of water that can be stored in
the soil profile for plants' use), root depth of vegetative cover,
evapotranspiration, nutrient or sediment loading for each land use type
across the landscape, the vegetation filtering capacity of the land
cover (as a function of the type and density of vegetation), and pre-
existing water quality conditions for model calibration (e.g.,
nitrogen, phosphorus, or sediment concentrations). While some of these
data are available; some would need to be generated at a relatively
fine level of resolution in order to model the incremental changes in
the ability of the landscape to filter pollutants likely to result from
the designation. The InVEST tool values this service in terms of
changes in treatment costs for nutrients or sediment. These costs are
likewise site-specific.
This effort is particularly significant in light of the conclusion
of the DEA that the critical habitat designation is most likely to
generate only minor incremental changes in the management of land uses
within the designation. The key change is a potential increase or
decrease in timber harvest of less than one percent in the region.
While the analysis describes qualitatively that this change potentially
could generate some marginal improvements in services such as water
quality regulation, these benefits are expected to be relatively minor,
ancillary benefits of the rule. The same is true of application of
other models to evaluate benefits, such as the Multiscale Integrated
Model of Ecosystem Services (MIMES), also described in the comment.
Finally, the areas most likely to produce these ancillary benefits
(e.g., Federal matrix lands) are included in the final designation;
thus additional analysis of
[[Page 72038]]
the ancillary benefits of including these areas would not change the
final regulatory decision. The DEA therefore provides qualitative
information to the Service regarding potential ancillary benefits.
The objective of the Ecosystem Services Review (ESR) Method is to
provide companies with information on how their business depends on
ecosystem services, whether their business affects their (or others')
ability to access these services, and opportunities to capitalize on
and minimize effects on these services. The ESR is not a quantitative
tool but a series of steps embedded in a spreadsheet model to help
users incorporate consideration of ecosystem services into business
decisionmaking. While useful to corporations, it is unclear how this
tool may be used to improve the benefits discussion in the DEA. Section
8.2 of the DEA describes potential categories of ancillary ecosystem
service benefits that may result from the designation and where (in
which units) these benefits may occur. This information is provided for
the Service to consider alongside the costs. The ESR does not provide a
means to value these services.
The Wildlife Habitat Benefits Estimation Toolkit is a benefits
transfer tool developed by the Defenders of Wildlife and Colorado State
University for the purposes of valuing ecosystem services associated
with species and habitat conservation, such as property values,
recreation, and existence values. The benefits transfers facilitated by
this toolkit suffer from some of the same issues as the rapid
assessment described above. The policy context or sites subject to
analysis are most often not transferable to the issue being evaluated:
In this case, the land management changes resulting from the critical
habitat designation for the northern spotted owl.
Comment (194): One organization stated the DEA is incomplete, in
part because it focuses too narrowly on impacts to the timber industry,
while the final designation will also affect the economies of the
region in other ways. Specifically, two comments stressed that the
analysis should consider the total value of the goods and services
provided by forests in this region, including reduced wildfire threats,
reduced impacts of droughts, reduced threat of insect damage, reduced
property damage due to these risk reductions, increased quality or
quantity of recreational activities, aesthetic improvements for people
passing on nearby roads, carbon sequestration, and improved water
quality.
Our Response: The economic analysis's focus on changes in timber
harvest practices is appropriate because this activity is the conduit
for all other ``on-the-ground'' changes, positive or negative,
resulting from the designation. Increases or decreases in timber
harvests could positively or negatively affect regional socioeconomic
conditions. Thus, Chapter 3 of the DEA provides context explaining
historical and current conditions, and Chapter 6 identifies counties
that may experience the greatest impacts. The same changes in timber
harvests could affect the northern spotted owl's conservation and
recovery, discussed in Chapter 8 of the DEA. Finally, these changes in
timber harvests are the driver of the potential changes in other
ecosystem services, including recreational opportunities, described in
the comment. These ancillary benefits are also described in Chapter 8
of the DEA.
Responses provided to earlier comments review the best available
modeling tools for quantifying and valuing ecosystem services and
describe why these tools were not employed in this instance. In the
FEA, we expand our qualitative discussion of potential ancillary
benefits to include the broader set of ecosystem service categories
discussed in the comment.
Comment (195): One organization states that OMB's Circular A-4 is
fundamentally flawed in excluding the flow of ecosystem services from
the baseline and recommending discounting practices that are
inconsistent with ecosystem service valuation. The comment further
states that Circular A-4 is insufficient because it provides the
Service with a rationale to avoid quantifying the benefits of critical
habitat designation by allowing for a qualitative assessment where
benefits are ``difficult to quantify.''
Our Response: The conceptual framework of the FEA is to evaluate
impacts by comparing the world without critical habitat (baseline) to
the world with critical habitat. The difference between these two
states represents the incremental impacts of the rule. Thus, the FEA
does not exclude the flow of ecosystem services from the baseline. To
understand how the flow of ecosystem services may change, one must
first understand the categories and magnitude of existing services. In
this way, while not explicitly quantified in the analysis, the current
flow of ecosystem services is implicitly captured in our
characterization of the baseline condition.
Put another way, the organization appears to be asking us to first
present the total value of all services provided by forests included in
proposed designation. Then, our analysis would estimate the value of
the incremental change in quality and quantity of these services as a
result of the designation. Such an effort would be equivalent, on the
cost side of the analysis, to first presenting the total value (in
terms of stumpage prices) of all the timber found in proposed critical
habitat, and then presenting the value of the change in the amount of
timber harvested as a result of the regulation. On both sides of the
equation, providing a monetized estimate of the value of the baseline
resources is not a necessary step to understanding the value or the
change in services resulting from the designation. Correctly
characterizing the baseline conditions is necessary, but valuation
efforts appropriately focus on what will change, rather than what
exists today.
Substantial debate surrounds the selection of appropriate discount
rates for ecosystem services. While Circular A-4 recommends applying
discount rates of 7 and 3 percent for regulatory analyses, it does not
preclude the application of alternative discount rates for comparison.
The comment recommends assessing ecosystem services benefits using
discount rates of zero and one percent, in addition to three and seven
percent. Because ecosystem services are not quantified in the economic
analysis, we do not consider additional sensitivity analysis around the
discount rate assumption.
Further, such an effort would require some data that are not
currently available.
Comment (196): One comment states that the cost of avoiding carbon
emissions is less than the cost of climate mitigation, and several
studies have shown that changing forest practices is one of the more
efficient and economical ways to store carbon and reduce emissions.
Given that carbon storage is just one of the many important ecological
services provided by mature and old forest, every effort should be made
to avoid as much warming as possible by protecting mature forests.
Our Response: We have added discussion of the potential for
increased carbon sequestration to Chapter 8 of the FEA.
Comment (197): A comment asserts that the Presidential Memorandum
to the Secretary of the Interior on the northern spotted owl is not
consistent with the Endangered Species Act because it states that ``the
benefits of excluding private lands and State lands may be greater than
the benefits of
[[Page 72039]]
including those areas in critical habitat.'' The commenter is concerned
that this statement is made in the Presidential Memorandum without an
attempt to quantify ecosystem services benefits of the designation on
these lands, and these benefits are therefore given an effective price
of zero.
Our Response: We do not believe that the directive in the
Presidential memorandum is inconsistent with section 4(b)(2) of the
Act, which states that the Secretary may exclude areas from critical
habitat if the benefits of exclusion outweigh the benefits of
inclusion, as long as failure to designate such areas will not result
in extinction of the species. The purpose of the economic analysis is
to provide the Secretary of the Interior with information to support
analysis of where the benefits of excluding a particular area may
outweigh the benefits of including that particular area as critical
habitat. In providing the qualitative discussion of benefits, the FEA
does not assign zero values to these potential benefits; this
discussion is provided for the Secretary to consider alongside the
quantitative information provided.
Comment (198): One commenter stated that the DEA estimates the
benefits of increased timber production in terms of the market value of
the logs, but ignores the costs to Federal agencies of producing the
logs (i.e., costs of managing the land for timber production and
executing the timber sales), and that the total cost to taxpayers may
exceed the logs' market value.
Our Response: In support of its comment that the costs to Federal
agencies (and ultimately taxpayers) of timber sales exceeds the
revenues from the sales, the commenting organization cites several
studies from the early 1980s, as well as a more recent report published
by the Congressional Research Service (CRS) in 2004 (Gorte, R.W. 2004,
Below Cost Timber Sales: An Overview, CRS, Order Code RL32485).
We agree that whether the net benefit of timber sales in terms of
costs and revenues is positive has been the subject of much debate. CRS
summarizes this debate and notes ``the estimates of financial results
of [USFS] timber sales vary widely. This disparity is due to
differences in basic approach--profit-and-loss, cash flow, or other
approach--and in assumptions about relevant costs'' (Gorte, R.W. 2004,
summary page). In particular, CRS notes differing assumptions regarding
which Agency costs are relevant and how to allocate those costs to
specific sales may result in different answers using the same basic
accounting approach.
CRS also notes that the USFS sells timber for many reasons, such as
``to generate receipts, to supply wood for manufacturers, to provide
employment, to expand access for motorized vehicles, to alter the
composition and distribution of vegetation in the area, and more'' (p.
5). The ``value'' of all of these positive attributes of the sales may
not be captured in the stumpage price paid by the loggers or mills
purchasing the timber, as many of these attributes represent market
externalities. Furthermore, ``the multiple outputs, environmental
impacts, and differing time scales of timber sales and related
activities make identifying relevant costs and comparing them with
relevant revenues problematic. Two decades of debate have not resolved
the dilemma, and further debate seems unlikely to result in widespread
agreement'' (Gorte, R.W. 2004, p. 7).
Thus, whether the Federal agency costs of baseline timber sales
anticipated in the absence of critical habitat, or new sales potential
generated by the designation, exceed revenues is unknown. However, the
fact that these sales are often conducted for multiple purposes, such
as improved ecosystem services or regional employment, and those
purposes may have value that is not captured in stumpage prices,
suggests that our assumption that the benefits of the sales exceed
costs is not unreasonable.
Comments on the Economic Analysis From Counties
Comment (199): Several counties including Wasco, Del Norte,
Klickitat, and Skamania Counties expressed criticism of the Draft
Economic Analysis, including concerns about the incremental analysis
approach and the negative economic impact of reducing or restricting
commercial timber harvest on local communities (employment, tax base,
quality of life, and other socioeconomic impacts).
Our Response: The economic impact to local counties of this
critical habitat designation will be determined in large part by the
timber management direction the Federal land managers take within
critical habitat lands. Project modification costs quantified in the
FEA primarily result from changes in the quantity of timber harvested
on Federal lands. As discussed in detail in Chapter 4 of the DEA,
section 7 consultations on the sale of timber from Federal lands may
result in an increase, decrease, or no change in harvest levels, based
on several plausible assumptions. We note that if future harvests are
restricted, total annual harvests could decrease by 24.56 million board
feet (MMBF). This decrease represents less than one percent of 2010
total harvest and the average annual harvests between 2006 and 2010
across the 56-county area overlapping proposed critical habitat. The
designation may also result in an increase in annual harvests of 12.28
MMBF, or less than half a percent of total annual harvests in the 56-
county area. Finally, it is possible that harvest levels will not
change as a result of the designation. In summary, the designation is
anticipated to have a minor impact on future harvest levels.
The DEA used a filtering approach to identify those specific areas
where incremental timber harvest effects may occur. Further explanatory
detail on these methods has been added to Chapter 4 of the FEA. In
addition, the chapter also notes the potential effects to the baseline
timber projection related to increasing the percentage of matrix lands
with northern spotted owl habitat that are likely to be unoccupied.
Comment (200): Two small county governments submitted comment
stating the proposed rule would have disproportionate impacts on local
employment, payroll, and county services funded by revenues-sharing
programs and taxes. They provide data describing economic conditions in
the 1970s and 1980s, and describe the economic decline experienced
since the owl was listed in 1991.
Our Response: We recognize that many small governments have
experienced significant changes in employment, payroll, and county
revenues as a result of the decline in the timber industry over the
last 21 years. Chapter 3 of the DEA provides detailed data by county
describing these changes and providing context for the analysis.
Chapter 6 provides information specific to the counties where changes
in Federal timber harvests are relatively more likely. We note that
these counties are not directly regulated by the designation of
critical habitat for the northern spotted owl; rather, potential
impacts result from changes in harvest practices on Federal lands or
where other Federal actions may be involved.
Given the numerous factors affecting the future of the industry,
including changes in the availability of Federal timber, mechanization,
transfer of capital investment away from the region, closure of less
efficient mills, and fluctuating demand for wood products, we are
unable to provide quantitative projections of future timber-related
employment. Furthermore, as discussed in Chapters 3 and 6 of the DEA,
uncertainty regarding
[[Page 72040]]
the future of existing county revenue-sharing programs, such as PILT
and SRS, confound our ability to predict potential changes in county
revenues. However, we note that reasonable assumptions suggest overall
changes in harvest levels resulting from the designation are likely to
be less than one percent of current levels. Chapter 6 of the DEA
discusses the counties most likely to see the largest changes. In
addition, most of the costs cited by the commenter, if not all, are
attributable to the listed status of the northern spotted owl, rather
than the incremental effects of critical habitat.
Comment (201): Several county governments reference a report
prepared by the Sierra Institute for Community and Environment and
Spatial Informatics Group, titled ``Response to the Economic Analysis
of Critical Habitat Designation for the Northern Spotted Owl by
Industrial Economics,'' and submitted as a public comment. Funding for
the report was provided by the National Forest Counties and Schools
Coalition. The report states that the DEA's assessment is insufficient
in its documentation of cumulative socioeconomic impacts and current
socioeconomic conditions. It provides detailed discussion and data
concerning a variety of characteristics for communities potentially
affected by the designation, including: Number of mills and mill
closures; employment patterns; revenue-sharing payments to counties;
family income; poverty levels; home ownership; health outcomes and
factors; and enrollment in programs such as School Free and Reduced-
Price Meals (FRPM).
Our Response: Chapter 3 of the DEA is intended to provide context
to the decision maker regarding historical changes in the timber
industry in the Pacific Northwest in terms of production, employment,
income, and county revenues. It also discusses multiple possible causes
contributing to these changes, including protection of the northern
spotted owl. The Sierra Institute for Community and Environment report
provides additional socioeconomic information supplementing the
background information provided in Chapter 3. Text summarizing the
contents and availability of this report has been added to the FEA. We
note that verification of the data provided by the Sierra Institute for
Community and Environment is complicated by the fact that citations are
not provided for the majority of the report's figures and data.
Comment (202): The Sierra Institute for Community and Environment
states in several places in its report that the DEA argues the loss of
30,000 jobs in the timber industry between 1990 and 2010 was offset by
regional gains in population and employment of 15 percent and 18
percent, respectively. They state that the DEA errs by assuming that
job gains in one time period offset losses in another, and that job
gains (and losses) are equally distributed across the region. In
addition, they claim that the DEA does not analyze or sufficiently
discuss the issue of disparity and does not discuss how areas with a
proportionally greater amount of employment in the timber industry are
affected by the proposed critical habitat designation.
Our Response: The authors are referring to information provided in
paragraphs 14 and 106 of the DEA, which present regional job loss
figures and changes in regional population and employment. The DEA
simply presents these facts; it makes no assumptions, and draws no
conclusions, about whether lost timber jobs are offset by overall
employment gains in the region or how job losses and gains are
distributed across the region. Detailed analysis of rate and nature of
reemployment of former timber industry employees is complex and beyond
the scope of the DEA.
Chapter 6 of the DEA attempts to address potential disparity in the
distribution of regional impacts of the designation. It combines
background information on timber industry harvest and employment trends
(presented in Chapter 3), and county dependency on revenue-sharing
payments, with information about subunits where changes in timber
harvest are possible (Chapter 4). It highlights the counties most
likely to be affected by the rule based on proximity to affected
subunits, and identifies which of these counties have already
experienced the most significant declines in the industry over the last
20 years. The report notes that these counties may be more sensitive to
future changes in timber harvests.
Definitely linking changes in timber harvests to timber-related
jobs in certain communities is challenging. Timber industry jobs are
not necessarily closely correlated with the amount of timber being
harvested in that specific county; some mills or related manufacturers
(e.g., wood product manufacturers) may rely on resources harvested from
outside their immediate community. In its presentation of historical
data on regional mill closures, the Sierra Institute for Community and
Environment acknowledges, ``Other reasons for mill closure also
include, but are not limited to, industry closing older, less efficient
mills, closure of mills that handled only larger trees coupled with
less old-growth timber available, and shipping raw logs and cants out
of the region for processing elsewhere. Additional study is needed''
(page 31).
Teasing out the precise location of potential regional impacts
resulting from critical habitat designation is particularly challenging
due to the relatively small overall change in harvest anticipated to
result from the final rule (at worst, a less than one percent decline
in annual harvest). This marginal change in available Federal timber is
unlikely to cause large-scale changes in the regional industry.
Identification of who will experience impacts requires better
understanding of potential substitutes and the degree of flexibility in
the current production system, as well as proprietary information about
the financial characteristics and operations of individual mills. Such
data are not available to us and are not provided in the Sierra
Institute for Community and Environment's report.
Comment (203): The Sierra Institute for Community and Environment
report states that the DEA fails to link job losses to socioeconomic
conditions and that this is required by the February 2012 Presidential
Memo.
Our Response: The Presidential Memorandum directs the Secretary of
the Interior to: (1) Publish, within 90 days of the date of this
memorandum, a full analysis of the economic impacts of the proposed
rule, including job impacts, and make the analysis available for public
comment. The DEA satisfied this direction. It estimates the incremental
change in social costs and benefits that may result from the proposed
rule, as required by Executive Order 12866, following OMB's guidance on
best practices as defined in Circular A-4, and consistent with existing
case law; and, it provides a separate analysis of potential job impacts
in Chapter 6.
The memorandum did not require the Secretary to take the additional
step of developing complex models to link changes in timber industry
employment to changes in socioeconomic conditions, such as poverty
rates, homeownership, and participation in food assistance programs, as
suggested by the report authors. Furthermore, the authors of the Sierra
Institute for Community and Environment report acknowledge that linking
changes in socioeconomic factors to changes in land management, and
specifically to critical habitat designation, is challenging due to
time constraints and complex data requirements (see, for example, pages
94, 105, 168 of the Sierra Institute for
[[Page 72041]]
Community and Environment report). As a result, the organization does
not estimate these changes in its report.
Comment (204): The Sierra Institute for Community and Environment
report states that an unintended consequence of critical habitat
designation is that private landowners ``do nothing'' due to the
increased cost of compliance, and that this has real social and
environmental costs, such as reducing job availability and revenues and
increasing fire risk.
Our Response: As described in Chapter 5 of the DEA, there is a
potential for increased compliance costs, such as preparing
environmental impact statements. In Washington, the DEA indicated that
this may occur only in the event that the State Forest Practices Board
redefines all suitable habitat overlapping Federal critical habitat
within SOSEAs as ``critical habitat state'' (see paragraphs 227 through
232 of the DEA). The likelihood of such an outcome is uncertain. If it
occurs, we estimated that at most 21,715 ac (8,788 ha) of proposed
private lands could be incrementally affected. The remaining lands are
already considered ``critical habitat state'' or are protected by
existing or proposed HCPs and SHAs. The potential social and
environmental costs of not harvesting these 21,715 ac (8,788) over the
20-year timeframe of the analysis are too small to measure.
In California, the FEA states that one stakeholder noted that
landowners may be required to provide additional documentation under
CEQA to demonstrate that their management plan timber harvest plan will
mitigate impacts to critical habitat. Since CALFIRE has stated that it
is unlikely to require additional protective measures for designated
critical habitat beyond those already required by State regulation, any
incremental costs would be limited to the possibility for additional
CEQA review.
The FEA also identifies possible changes to timber harvest
practices suggested by private parties as potentially occurring due to
regulatory uncertainty, ranging from harvesting existing trees as early
as feasible to discontinuing use of the property for timber production.
However, due to the high degree of uncertainty over whether these
impacts may occur, we were not able to quantify the potential effects.
We note that all private lands were excluded from critical habitat
for the northern spotted owl under section 4(b)(2) of the Act (see
Exclusions), therefore none of the potential scenarios considered by
the DEA are germane to the final designation.
Comment (205): The Sierra Institute for Community and Environment
report states that the DEA is insufficient because it does not
adequately characterize cumulative socioeconomic impacts. The authors
state that ``understanding current condition requires an understanding
of what has transpired in recent years and trend [sic], which are, for
the most part, not factors in the analysis.'' They also question why
the Entrix report and the 2012 analysis ``ended up in inconsistent
places with respect to baseline and included incremental impacts.''
Our Response: The DEA provides data on historical changes in timber
industry production, employment, and income (see Chapter 3). It also
provides information about trends in county revenue-sharing payments.
This information is included in order to provide the Secretary with
context for the incremental impacts of the analysis.
The OMB guidelines for best practices (Circular A-4) concerning the
conduct of economic analysis of Federal regulations direct agencies to
measure the costs of a regulatory action against a baseline, which it
defines as the ``best assessment of the way the world would look absent
the proposed action.'' The baseline utilized in the DEA is the existing
state of regulation, prior to the designation of critical habitat,
which provides protection to the species under the Act, as well as
under other Federal, State, and local laws and guidelines. To
characterize the ``world without critical habitat,'' the DEA also
endeavors to forecast these conditions into the future over the
timeframe of the analysis, recognizing that such projections are
subject to uncertainty. This baseline projection recognizes that the
northern spotted owl is already subject to a variety of Federal, State,
and local protections throughout most of its range, due to its
threatened status under the Act, and regardless of the designation of
critical habitat.
Significant debate has occurred regarding whether assessing the
impact of critical habitat designations using this baseline approach is
appropriate, with several courts issuing divergent opinions. In 2010
and 2011, courts in several parts of the country, including the Ninth
Circuit Court of Appeals, which has jurisdiction in Washington, Oregon,
and California, ruled that decisions concerning designation of critical
habitat should be based on the incremental impacts of the rule. The 9th
Circuit cases were appealed to the Supreme Court, which declined to
hear them.
The Entrix report analyzing the 2008 designation was prepared under
subcontract to Industrial Economics, Incorporated (IEC), the authors of
the 2012 analysis, and project managers from IEC worked closely on both
efforts. The difference in the two analyses regarding whether to
quantify impacts resulting from baseline regulatory protections is due
to the change in case law described in the previous paragraph.
Comment (206): The Sierra Institute for Community and Environment
report questions why the background data provided on timber industry
employment and harvests do not factor into the overall assessment and
analysis of impacts. The report states that the analysis does not
address localized and community-level impacts.
Our Response: As described above, Chapter 6 of the DEA combines
data from Chapters 3 and 4 of the analysis to identify counties that
may be particularly susceptible to changes in timber harvests resulting
from the designation. Employment and harvest trend data are generally
available at the county level through publicly available sources, such
as State natural resource agencies, the U.S. Census, and the U.S.
Bureau of Labor Statistics. Assessing distributional impacts as a finer
level of resolution is challenging given a lack of data. In addition,
linking changes in community outcomes to the designation would require
complex modeling that is beyond the scope of this analysis given the
numerous other confounding factors and the relatively small changes in
annual harvest that could result from the designation.
Comment (207): The Sierra Institute for Community and Environment
report states that counties, municipalities, and schools were ``given
short shrift'' in the DEA and that there was no substantive exchange
about the conditions of counties or municipalities for the analysis. In
addition, other economist commenters also said that they were not
consulted for the DEA.
Our Response: During preparation of the draft, IEC contacted many
stakeholders, including Federal agencies, State governments, and
representatives of the timber industry, and sought to obtain economic
and other relevant information from publicly available sources. They
collected and analyzed data on historical changes in timber harvests
and timber industry employment and payroll for each of the 56 counties
overlapping the proposed designation and reviewed literature related to
impacts to regional communities, including counties. IEC conducted
research on county revenue sharing programs and presented data on the
proportion of total county revenues
[[Page 72042]]
derived from these programs. Two of the eight report chapters in the
FEA focus exclusively on historical and current conditions in the
counties, identifying those that are most likely to experience
incremental impact and those that are likely to be more sensitive to
changes in in harvests resulting from the proposed regulation.
IEC also reached out directly to County representatives. On June 6,
2012, IEC emailed representatives of Siskiyou, Skamania, and Douglas
Counties, as well as the Association of O & C Counties, the Association
of Oregon Counties, and the Washington State Association of Counties,
and offered to meet with them via conference call. On June 25, 2012,
IEC received a letter from representatives of Skamania, Douglas, and
Siskiyou Counties requesting a meeting with all of the counties that
may be affected by the designation. Since the comment period closed on
July 6, 2012, the Service determined that there was not time to arrange
a meeting with all 56 counties. However, on July 20, 2012, per section
4(b)(5) of the Act, we again invited all State agencies and affected
jurisdictions to submit their comments on the proposed critical habitat
revision.
Comment (208): The Sierra Institute for Community and Environment
report questions the DEA's statement that employment in California,
Oregon, and Washington increased only three percent between 2000 and
2010. The report states that reliance on Bureau of the Census and
Bureau of Labor Statistics for employment data, such as the data
presented in Exhibits 3.6 and 3.7 of the DEA, will result in an
undercount of employment. Lastly, the authors state that they were
unable to replicate the numbers in the tables because the methodology
is inadequately specified.
Our Response: In both the Executive Summary and Chapter 3, the DEA
reported that total employment in California, Oregon, and Washington
increased by three percent between 2000 and 2010. IEC has added the
source for this data, which is the Bureau of Economic Analysis (BEA),
to the FEA. The BEA provides data on total annual State employment,
which IEC used to determine the tri-State area employment increase
between 2000 and 2010. The data is publically available and can be
found online at BEA's Interactive Data Web site at https://www.bea.gov/itable/.
The data source for Exhibits 3.6 through 3.8 of the DEA, which
present historical timber industry employment and payroll data for each
county that contains proposed critical habitat (as well as for each
State and for the entire study area), is the U.S. Census Bureau's
County Business Patterns. Data for the County Business Patterns
excludes data on self-employed individuals, employees of private
households, railroad employees, agricultural production employees, and
most government employees. More information on these exclusions can be
found at https://www.census.gov/econ/cbp/methodology.htm. While a
certain amount of undercoverage may occur, we believe the data provide
the best available information from a reliable source. The exhibits
list the SIC and NAICS codes that were used to estimate industry
employment, as well as the Web site where the data can be found (https://censtats.census.gov).
Comment (209): The Sierra Institute for Community and Environment
report states active forest management occurs on National Park Service
lands in Shasta County.
Our Response: We make note of this representation in the FEA.
Comment (210): The Sierra Institute for Community and Environment
report disagrees with the results of Scenario 3 of the Federal lands
analysis (described in Section 4.4.2.3 of the DEA). The authors state
that the DEA bases its analysis of incremental changes in timber
harvests on a period in which there is a severe downturn in the economy
and wood products industry and that this results in an undercount of
likely impacts. They state that the analysis ``relies on 5 years (2006
to 2010) of harvest data to base future timber harvests.'' In addition,
they state that estimates of harvest totals are generalized and not
linked to subunit timber harvest totals.
Our Response: The DEA and FEA rely on historical actual harvest
data for USFS Region 6 because it represented the best available data
for purposes of the analysis. For USFS Region 5, the analysis relies on
projected actual timber harvests by forest, provided by USFS. For BLM
lands, the FEA utilizes BLM-provided data on timber harvest projections
by critical habitat subunit for three decades of incremental impact
estimates, by land allocation type, forest conditions, and harvest
type. To conduct the analysis, these various timber projections needed
to be converted to board feet, per-acre, per-year measurements, by
critical habitat subunit. In an ideal world, the FEA would utilize
detailed geospatial data showing when and where Federal timber harvest
is projected to occur. However, lacking data on the narrowly defined
areas where timber harvest is projected to occur, and where critical
habitat may have an incremental effect on these harvests, the analysis
broadly applies projected timber harvest across all Federal lands.
Using this approach, the FEA uses timber harvest projections ranging
from 14 to more than 200 BF-per-acre per-year across critical habitat
subunits, as described in Chapter 4. In sum, the FEA does not rely
exclusively on historical data, and variable projected harvests are
linked to specific subunits to the extent possible.
Comment (211): The Sierra Institute for Community and Environment
questions the baseline timber harvest projection used in the DEA,
stating that it fails to draw a distinction between dry and wet forests
and those that are commercially viable and those that are not.
Our Response: As noted in the prior response, the economic analysis
endeavors to distinguish potential future harvest levels by forest type
and characterization, and by areas within each subunit, to the extent
possible given the best available information.
Comment (212): The Sierra Institute for Community and Environment
report claims that the DEA does not provide sufficient analysis of
indirect incremental effects of the critical habitat designation on
private landowners. To assess the effects of potential changes in
Washington State regulations resulting from critical habitat
designation, the authors suggest, ``There may not be adequate estimates
of the probability or the total number of acres that could be included,
but probabilistic models coupled with a sensitivity analysis could
offer insight into the impact and are possible to develop'' (Sierra
Report 2012, p. 13).
Our Response: Chapter 5 of the FEA provides a detailed discussion
of the sources of the data required to quantify the potential indirect
effects of the designation on private lands (see paragraphs 279 through
287), including the number of acres where landowners are likely to
alter current timber management practices; the characteristics of the
stands (type of tree, age, etc.) subject to changes in the timing of
harvests; current and revised harvest schedules; financial models of
the change in the present value of existing lands that incorporate
information about stumpage prices, stand growth curves, and the
opportunity cost of capital to private timber managers; and information
regarding the probability that the Washington Forest Practices Board
will undertake regulatory changes. Basic data are not available for
most of these elements, and thus, information necessary to create
distributions
[[Page 72043]]
describing these data elements and assumptions, which are required for
probabilistic models, are scarce. Any distributions would likely be
vague (for example, the probability of the Washington Forest Practices
Board changing its regulations would range from zero to 100%, with an
equal probability of any point in between these two endpoints). While
it is technically possible to build a Monte Carlo-type probabilistic
model using such vague probability distributions, the lack of data for
meaningful inputs would render the results uninformative. We also note
that private lands have been excluded from the final rule pursuant to
section 4(b)(2) of the Act.
Comment (213): The Sierra Institute for Community and Environment
report states that it is important for the DEA to quantify potential
impacts of critical habitat designation on SRS and PILT payment
programs. The authors state that it is not difficult to quantify the
effects that future changes in timber harvests from Federal lands
resulting from critical habitat designation would have on these payment
programs. The authors also state that the analysis does not make clear
that the revenue-sharing programs for Federal lands only continues if
SRS is reauthorized after 2013.
Our Response: The Sierra Institute for Community and Environment is
mistaken in its statement on page 14 of its report that the revenue-
sharing programs for Federal lands only continue if SRS is reauthorized
after 2013. It is true that if SRS is not reauthorized, the payments
received by counties could be substantially different. However, as
described in paragraphs 128 through 129 of the FEA, the U.S. Forest
Service (USFS) 25% Fund and the Bureau of Land Management Oregon and
California Land Grant (BLM O&C) Revenue-Sharing Payments (50 percent of
commercial receipts) are permanently authorized by Congress and have
dedicated funding sources in the form of commodity receipts. States and
counties currently elect to receive SRS payments instead of revenue-
sharing payments from the USFS 25% Fund and the BLM O&C Revenue-Sharing
Program. In the absence of SRS (and possibly a second program called
Payments in Lieu of Taxes, or PILT), the older programs would still be
available and would serve as the sources of revenue-sharing payments.
Exhibit 3-9 in the FEA illustrates the relative magnitude of
historical payments under all four programs, and Exhibit 3-10 provides
information on percent of local government revenue that is made up of
payments from these programs. Current SRS and PILT payments are based
on historical revenue payments under preexisting programs and are
allocated based on formulas considering a variety of factors. If these
programs are re-authorized and funded, changes in revenues from Federal
lands designated as critical habitat would first filter through the
national allocation scheme and then through the State formulas, making
it difficult to predict changes in payments. If these programs are not
reauthorized and funded, then the payments would change each year based
on a 7-year rolling average of receipts for USFS lands and the prior
year's receipts for BLM O&C lands, and would also be filtered through
the State's allocation formulas. Given the uncertainty associated with
the future of SRS and PILT, the varying allocation schemes associated
with the programs, and the relatively small change in anticipated
harvests, the potential change in revenue-sharing payments is difficult
to predict. Importantly, we note that the reauthorization and funding
of SRS and PILT is unrelated to the decision to designate critical
habitat for the northern spotted owl.
Environmental Analysis Comments
Comment (214): One commenter believed that the Secretary has not
met the NEPA standard of full cooperation with State and county
agencies in two different ways: (1) By setting a public comment
timeframe that limits the agencies' ability to fully and knowingly
provide comments; and (2) by denying the county the opportunity to be a
cooperating agency under CEQ regulations and DOI policy.
Our Response: We believe the 30-day public comment period is
adequate for review and comment on the draft environmental analysis and
is consistent with the public comment period on many NEPA documents. In
addition, we provided counties with an extended opportunity to comment,
as described in Previous Federal Actions, above. With regard to
cooperating agencies, neither CEQ nor DOI regulations discuss
cooperating agencies in the context of environmental assessments
because they are generally concise documents prepared to determine
whether the proposed action will significantly affect the quality of
the human environment and whether an environmental impact statement
(EIS) is needed. Thus, environmental assessments normally do not
warrant use of formally designated cooperating agencies. Because we
initiated the NEPA analysis with an environmental assessment, we did
not formally appoint any agency as a cooperating agency.
Comment (215): Several commenters requested the Service complete an
environmental impact statement to address the effects of thinning,
ecological forestry, and other active management activities on northern
spotted owl populations. Commenters believe an EIS needs to be done for
the critical habitat rule for a number of reasons, including that
effects are significant; critical habitat designation could harm,
rather than recover, the northern spotted owl; there is a need to
accurately identify relevant environmental concerns and to take a
``hard look'' at these concerns; and the analysis in the draft
environmental assessment is insufficient to prove effects are not
significant (i.e., presents no information to justify a finding of no
significant impact (FONSI)).
Our Response: This rulemaking is limited to the designation of
critical habitat for the northern spotted owl. This final rule does not
mandate or prescribe specific management activities, and the
implementation of thinning, ecological forestry, or other types of
activities is not required by this rulemaking. Should any such
activities be proposed by the land management agencies when
implementing specific projects on their managed lands, the only effect
of this critical habitat rule is that Federal agencies will have to
consult with the Service on their activities that may affect designated
northern spotted owl critical habitat and ensure that their actions are
not likely to destroy or adversely modify critical habitat, as those
terms are used in section 7 of the Act. Our critical habitat proposal
was fully compliant with NEPA, although we note that we elected to
develop an environmental assessment pursuant to NEPA in this case
entirely at our discretion, and not as a legal requirement. The
proposal presented an overview of the state of the science on active
management for consideration by land managers. It does not require any
specific management actions. Any plans or project-level decisions
concerning active forest management are appropriately made by land
managers in accordance with their normal planning and project
implementation procedures, and are beyond the authority of this
rulemaking. Actions proposed on Federal lands must be consistent with
the requirements of the NWFP and associated plans, and these plans have
already undergone NEPA compliance. Step-down implementation of specific
actions such as thinning projects on USFS or BLM lands also require
NEPA compliance on a case-by-case basis.
[[Page 72044]]
Comment (216): One commenter stated that the barred owl EIS should
not be a separate analysis document from the NEPA analysis done for the
critical habitat rule, but that a single EIS should be prepared to
address the entire proposal.
Our Response: The barred owl EIS represents an action entirely
separate from the present critical habitat rulemaking, and is an
evaluation of an experiment stemming from the recommendations of the
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011). The
Federal action requiring NEPA for the barred owl EIS is the issuance of
a permit under the Migratory Bird Treaty Act for the scientific
collection of barred owls, as well as additional permits that may be
required for the experiment. In contrast, the designation of critical
habitat is a statutory requirement under the Act, and is an entirely
separate action from the issuance of necessary permits for research,
take, or special use. We have addressed the barred owl EIS as an
ongoing action in the cumulative effects analysis section of the
environmental assessment of this rulemaking.
Comment (217): Commenters believed that the Draft Environmental
Assessment is predecisional because it has committed to completing the
NEPA process in a preordained timeline that does not allow sufficient
time to meet the NEPA requirements of an EIS.
Our Response: An EIS is required only when an action is determined
to have likelihood of significant impact on the human environment.
Completion of an environmental assessment is a step in the NEPA process
to determine whether or not impacts of the Federal action are
significant and thus require an EIS. We have not predetermined the
outcome of our environmental assessment. Rather, we have used the
environmental assessment to establish whether or not impacts of the
designation of critical habitat for the northern spotted owl are
significant. Although there is a court-ordered schedule for completion
of this critical habitat rule, if our environmental assessment had
determined that impacts were significant, we would have sought an
extension of time to complete our NEPA analysis. Our environmental
analysis was consistent with the spirit and intent of NEPA, and was not
predecisional. Further, our experience of evaluating the possible
effects of critical habitat under NEPA suggested that an environmental
assessment was the appropriate place to start.
Comment (218): One commenter described errors in public scoping in
that we did not disclose our purpose and need during the scoping
process.
Our Response: Public scoping is not required for the development of
an environmental assessment. As stated in the environmental assessment,
we used internal scoping (internal discussions among Service divisions
regionally and nationally, and among staff with long-term experience
with land-use activities conducted within critical habitat on Federal
and non-Federal lands) to identify concerns, potential impacts,
relevant effects of past actions, and possible alternative actions
(October 15, 2008; FR 73 61292).
Comment (219): One commenter described several errors and
inaccuracies in defining the purpose and need. Specifically: (1) The
stated purpose of achieving the greatest conservation and recovery for
the northern spotted owl is erroneous and more than required to meet
the Act, and is also too narrow, overly restricting the range of
reasonable alternatives; (2) the court-ordered due date of November 15
does not drive the need but rather the need is whatever was the
Service's motivation in arranging the date with the court; and (3) the
purpose of complying with the Act is not a purpose but an agency duty.
Our Response: Regarding item number 1, the commenter only partially
described the purpose. The full purpose stated in the draft
environmental assessment was to ``achieve the greatest relative
conservation and recovery goals for the northern spotted owl but
simultaneously minimize effects to other land and resources uses.'' We
disagree that the purpose, as a whole, is more than required to meet
the Act. Rather, our intent is to designate lands meeting the
definition of critical habitat (i.e., areas occupied at the time of
listing that contain the features essential to the species'
conservation or unoccupied areas that are themselves essential to the
species' conservation), determining what is essential in a way that
minimizes effects on resource uses to the extent possible, and then
using the exclusion process provided by section 4(b)(2) of the Act to
weigh the benefits of inclusion versus the benefits of exclusion. This
is what we mean by using the term ``relative.'' This balance does not
result in more action than is required to meet the provisions of the
Act, and we have clarified this in the environmental assessment.
Regarding item number 2, we did not mean to imply that the court
deadline drives the need. The need is to revise critical habitat
pursuant to a court-ordered remand of the 2008 designation (Carpenters'
Industrial Council (CIC) v. Salazar, 734 F. Supp. 2d126 (D.D.C. 2010) *
* *); we have clarified this point in the final environmental
assessment, available at https://www.regulations.gov and at https://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/CriticalHabitat/default.asp. Regarding item number 3, the purpose of an action proposed
by the Service or any other Federal agency, based on common NEPA
practice and Federal NEPA guidance includes but is not limited to
statutory authority. The Service cannot carry out an action that is
inconsistent with our authorities, hence our purpose explicitly
included reference to those authorities.
Comment (220): One commenter believed there was an inadequate range
of alternatives. Furthermore, they believed that the alternatives the
Service noted in the draft environmental assessment as considered but
not fully developed were not fully considered because there was no
environmental review of these alternatives.
Our Response: NEPA requires that we must analyze those alternatives
necessary to permit a reasoned choice (40 CFR 1502.14). When there are
potentially a very large number of alternatives, NEPA requires that we
analyze only a reasonable number to cover the full spectrum of
alternatives that are consistent with the purpose and need. We did
consider but excluded some modeling outcomes from further analysis.
NEPA allows the elimination of an action alternative from detailed
analysis for a variety of reasons including ineffectiveness, technical
or economic infeasibility, inconsistency with management objectives of
the area, remote or speculative implementation, and substantial
similarity in design and effects of an alternative that has been
analyzed. We disagree with the commenter in that NEPA does not require
an ``environmental review'' of alternatives eliminated from detailed
study, but rather, a brief discussion of the reasons for their having
been eliminated (40 CFR 1502.16(a)). We have further clarified our
reasons for eliminating these alternatives from further analysis in the
final NEPA document.
Comment (221): One commenter believed we did not adequately
identify the range of issues that could be affected by critical habitat
designation. They further pointed out that limiting our analysis to
threatened and endangered species and stating in the environmental
assessment that it is not possible to analyze effects on the other
1,200 species is wrong because it is possible and has been done for
such actions as the NWFP.
[[Page 72045]]
Our Response: Only potentially significant issues must be the focus
of the environmental analysis. Issues that are not significant (i.e.,
related to potentially significant effects) can be eliminated from
detailed study, ``narrowing the discussion of these issues in the
statement to a brief presentation of why they will not have a
significant effect on the human environment.'' (40 CFR 1501.7(a)(2), 40
CFR 1501.7(a)(3)). We have further elaborated in the final
environmental assessment (available at www.regulations.gov and at
https://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/CriticalHabitat/default.asp) why we found that these issues will not
have a significant effect on the human environment. Regarding our
statement that it is not possible to analyze effects on 1,200 species
given that such an analysis was done in the NWFP, we agree this was in
error and will remove that language from the final environmental
assessment. However, we do not find that this impels us to analyze
effects on all 1,200 late-successional species. In the case of the
NWFP, the intent of the revision to USFS and BLM land management plans
was to provide comprehensive management of habitat for late-
successional and old-growth forest species. Thus, it was prudent to
examine those species as part of the NWFP analysis. We do not believe
that such a level of analysis is necessary for this purpose and have
thus limited our analysis to effects on listed species to ensure
critical habitat designation does not reduce their potential for
recovery.
Comment (222): Three commenters believed the analysis failed to
disclose that current habitat set-asides have not produced measurable
success in northern spotted owl recovery, and that expanding critical
habitat will also fail because barred owls are the primary causal
factor in the northern spotted owl decline. On a related topic, one
commenter felt the environmental assessment failed to describe how the
proposed action would lead to recovery and why other alternatives would
not.
Our Response: Threats to northern spotted owls are described in the
Revised Recovery Plan for the Northern Spotted Owl (USFWS 2011) as
habitat loss and competition from the barred owl. We acknowledge in
this rule and the final environmental assessment that we need to
address both of these threats if we are to recover the northern spotted
owl. As to the need to describe how the proposed action would lead to
recovery while other alternatives would not, we do not need to show
that alternatives not chosen would not lead to recovery; we merely need
to disclose the effects of each alternative on the relevant issues, in
this case, primarily northern spotted owl populations, to provide
information to decisionmakers. Recovery of northern spotted owls will
require addressing multiple issues, of which habitat loss is only one
and will be partly addressed through critical habitat designation.
Comment (223): One commenter noted we did not analyze the effects
of eliminating LSRs as part of the critical habitat designation.
Our Response: This comment is based on a misunderstanding of the
critical habitat designation, which does not eliminate the Late-
Successional Reserve Network of the Northwest Forest Plan.
Comment (224): One commenter believed we failed to fully disclose
the existing regulatory structure, and also failed to fully disclose
the disincentives to landowners to retain habitat, resulting in the
potential elimination of northern spotted owl habitat.
Our Response: We noted in the draft environmental assessment the
potential for landowners to prematurely harvest existing habitat,
maintain shorter harvest rotations, or change from forest management to
development. We received several comments from landowners indicating
their intention to deforest their property if designated as critical
habitat. We acknowledge that possibility for some landowners in the
final environmental assessment (available at www.regulations.gov and at
https://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/CriticalHabitat/default.asp) based on these comments, but cannot
describe the extent or degree of these effects based on the comments we
received. We also note that, in our preferred alternative, all private
lands were excluded from this designation.
Comment (225): One commenter disagreed with what effects we
considered speculative and not reasonably foreseeable, and believed we
are obligated to display environmental consequences of potential
effects even if actual outcomes are unknown.
Our Response: DOI NEPA regulations define reasonably foreseeable
future action as, ``activities not yet undertaken, but sufficiently
likely to occur, that a Responsible Official of ordinary prudence would
take such activities into account in reaching a decision. These Federal
and non-Federal activities that must be taken into account include, but
are not limited to, activities for which there are existing decisions,
funding, or proposals identified by the bureau. Reasonably foreseeable
future actions do not include those actions that are highly speculative
or indefinite.'' 43 CFR 46.30. We contend that the actions we consider
not reasonably foreseeable meet this definition.
Comment (226): Two commenters indicated we failed to examine
cumulative and connected actions in an economic and social context.
Our Response: We have completed an economic analysis that addresses
economic and social aspects of the designation of critical habitat. In
addition, the Council on Environmental Quality's implementing
regulations indicate that economic and social effects are not by
themselves intended to require preparation of an EIS, but should be
considered if an EIS is prepared (40 CFR 1508.14). Our purpose in
preparing an environmental assessment was to determine whether an EIS
should be prepared. Because we determined that the critical habitat
revision resulted in a finding of no significant impact (FONSI), it was
determined that an EIS was not necessary to evaluate social and
economic impacts.
Comment (227): One commenter noted we failed to analyze the
economic effects of the northern spotted owl listing decision as a
cumulative and connected action of critical habitat designation.
Our Response: We agree that the environmental assessment should
consider all relevant cumulative effects, which may include the effects
of past actions, as necessary to determine whether a finding of no
significant impact is warranted. One element of that determination is
``[w]hether the action is related to other actions with individually
insignificant but cumulatively significant impacts. Significance exists
if it is reasonable to anticipate a cumulatively significant impact on
the environment. Significance cannot be avoided by terming an action
temporary or by breaking it down into small component parts.'' 40 CFR
1508.27(b)(7). As discussed in the previous comment, ``human
environment'' is defined to include the natural and physical
environment and the relationship of people with that environment except
that economic or social effects are not intended by themselves to
require preparation of an environmental impact statement. 40 CFR
1508.14. In this environmental assessment we have considered the
potential effects of the designation added to other past, present, and
reasonably foreseeable future actions that would affect the identified
resources of concern to determine whether this would result in
significant
[[Page 72046]]
impacts to the human environment as defined for purposes of an
environmental assessment. We have added the past action of listing the
northern spotted owl to our cumulative effects analysis and considered
those effects on the resources of concern identified in the
environmental assessment.
Comment (228): One commenter contended that just because future
action will undergo NEPA analysis does not relieve the Service of its
NEPA duty to analyze the effects of the critical habitat proposal.
Our Response: We can analyze the indirect effects of the critical
habitat designation only to the degree that we are reasonably certain
of the actions that may occur within critical habitat, how they might
be modified as a result of the section 7 process, and what the
environmental impacts of those modifications might be. To that end, we
have met our NEPA obligation. As individual Federal actions are
developed with more information on location, activity type, magnitude,
duration, and intensity, all things we cannot assess at this point in
time, those actions will be subject to NEPA and analyzed in further
detail.
Comment (229): One commenter believed it was incorrect for the
Service to assume agencies will implement 100% of actions in the
recovery plan [Revised Recovery Plan for the Northern Spotted Owl
(USFWS 2011)] and that we must assume agencies will implement NWFP
requirements without further matrix restrictions.
Our Response: We have included as part of our range of possible
outcomes the possibility that agencies will implement only the NWFP
requirements, without implementing any additional recovery plan actions
that may restrict actions in the matrix. However, we believe that is
not the only possible scenario, given that we have examples of agencies
implementing discretionary actions from the northern spotted owl
recovery actions that are in addition to the Standards and Guidelines
of the NWFP.
XIII. Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. The Office
of Information and Regulatory Affairs has determined that this rule is
significant because it will raise novel legal or policy issues.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency must
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effects of the rule on small entities
(small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
The SBREFA amended the RFA to require Federal agencies to provide a
certification statement of the factual basis for certifying that the
rule will not have a significant economic impact on a substantial
number of small entities.
According to the Small Business Administration, small entities
include small organizations such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include manufacturing and mining concerns with fewer than 500
employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and forestry and logging operations
with fewer than 500 employees and annual business less than $7 million.
To determine if potential economic impacts to small entities may result
from this designation, and whether these potential impacts may be
significant, we considered the types of activities that might trigger
regulatory impacts under this designation as well as types of project
modifications that may result. In general, the term ``significant
economic impact'' is meant to apply to a typical small business firm's
business operations.
The Service's current understanding of recent case law is that
Federal agencies are only required to evaluate the potential impacts of
rulemaking on those entities directly regulated by the rulemaking;
therefore, they are not required to evaluate the potential impacts to
those entities not directly regulated. The designation of critical
habitat for an endangered or threatened species only has a regulatory
effect where a Federal action agency is involved in a particular action
that may affect the designated critical habitat. Under these
circumstances, only the Federal action agency is directly regulated by
the designation, and, therefore, consistent with the Service's current
interpretation of RFA and recent case law, the Service may limit its
evaluation of the potential impacts to those identified for Federal
action agencies. Under this interpretation, there is no requirement
under the RFA to evaluate the potential impacts to entities not
directly regulated, such as small businesses. However, E.O.'s 12866 and
13563 direct Federal agencies to assess costs and benefits of available
regulatory alternatives in quantitative (to the extent feasible) and
qualitative terms. Consequently, it is the current practice of the
Service to assess to the extent practicable these potential impacts if
sufficient data are available, whether or not this analysis is believed
by the Service to be strictly required by the RFA. In other words,
while the effects analysis required under the RFA is limited to
entities directly regulated by the rulemaking, the effects analysis
under the Act, consistent with the E.O. regulatory analysis
requirements, can take into consideration impacts to both directly and
indirectly impacted entities, where practicable and reasonable.
We acknowledge that in some cases, third-party proponents of the
action subject to permitting or funding, though not directly regulated,
may participate in a section 7 consultation with the Federal action
agency. Moreover, E.O.'s 12866 and 13563 direct Federal agencies to
assess all costs and benefits of available regulatory alternatives in
quantitative (to the extent feasible) and
[[Page 72047]]
qualitative terms. We believe it is good policy to assess these impacts
if we have sufficient data before us to complete the necessary
analysis, whether or not this analysis is strictly required by the RFA.
While the Service does not consider this regulation to directly
regulate these entities, in our draft economic analysis, we have
conducted an evaluation of the potential number of third parties
participating in consultations on an annual basis in order to ensure a
more complete examination of the potential incremental effects of this
rule in the context of the RFA. As discussed earlier in our March 8,
2012, proposed rule (77 FR 14062), our notice of availability of the
draft economic analysis (77FR 32483; June 1, 2012), and in the draft
economic analysis itself, we determined that the incremental effects of
this revised designation are relatively small due to the extensive
conservation measures already in place for the species, due to its
being listed under the Act, and because of measures provided under the
NWFP and other conservation programs. The FEA affirms these
conclusions, and we have determined that these conclusions are
applicable to this final revised designation of critical habitat for
the northern spotted owl. Thus, even taking into account those entities
not directly regulated, we certify that the revised designation of
critical habitat for the northern spotted owl will not have a
significant economic impact on a substantial number of small entities.
Importantly, the incremental regulatory and economic impacts of the
rule must be both significant and substantial to prevent certification
of the rule under the RFA and to require the preparation of a
regulatory flexibility analysis. If a substantial number of small
entities are affected by the critical habitat designation, but the per-
entity economic impact is not significant, the Service may certify.
Likewise, if the per-entity economic impact is likely to be
significant, but the number of affected entities is not substantial,
the Service may also certify. Because per-entity impacts are currently
uncertain, our evaluation focused on the number of small entities
potentially affected as third parties to consultation with Federal
agencies that may be directly regulated by the designation
While developing our draft economic analysis (DEA), we determined
that there may be third-party participants to consultations involved
with timber harvest and linear projects. In estimating the potential
number of entities involved with consultations on timber harvest, we
used the projection of 1,000 consultations over the 20-year time
horizon of the DEA related to timber harvest management, providing an
assumption of 50 consultations per year. We predict that many of these
consultations will not involve third parties, but data is lacking about
third-party participation rates. For the sake of our evaluation, we
took a more inclusive approach and assumed that third parties are
involved with these consultations and that each party is a small
entity, providing an annual estimate of 50 small entities that may be
involved over the 20-year time horizon of the study. This is likely an
overestimate of the number of third parties involved with timber
management consultations and therefore an even greater overestimate of
the number of small entities involved because many of those third
parties will not be small entities. The DEA further explored the
projection of small businesses in timber-related sectors in the
geographic areas overlapping the critical habitat designation, which
differed depending on the specific data sets used, either 7,140
entities or 2,616 entities. Using our conservative estimate of 50 small
entities involved annually, the proportion of entities in the timber
harvest management sector potentially impacted by the designation would
be 0.70 percent and 1.9 percent, respectively, over the 20-year time
horizon of the study.
The RFA does not explicitly define the specific proportion of any
given sector that would represent a substantial number, but leave that
determination to the discretion of the agency issuing the regulation.
While the Service or the Department of Interior does not have a
specific policy concerning what proportion of any given sector impacted
would represent a substantial number, the Service, as a matter of
practice, uses a value of 3% to evaluate whether the regulation may
impact a substantial number. In other words, if a regulation is
determined to have an impact on less than 3% of entities in a given
sector, then the agency makes a determination that a substantial number
is not affected. Whereas, if it is determined that the proportion of
entities impacted by a given regulation is equal to or greater than 3%,
then the agency further evaluates available data to make a specific
determination for that regulation.
Applying the aforementioned criteria to the specific proportion of
the timber harvest management sector, we have concluded that these
proportions do not represent a substantial number of small business
entities potentially affected in the timber harvest management sector.
Please refer to Appendix A of the FEA for further details of our
evaluation.
Next, we explored the potential impact to third parties that may be
involved with consultations related to linear projects (i.e., roads,
pipelines, and powerlines). On the basis of similar conservative
assumptions explained in the DEA, we concluded that there may be a
total of 11 projects in a given year that may involve third parties. If
we similarly assume that each of these parties represent small
entities, then we estimate that 11 small entities in a given year could
be impacted by the designation. While there is greater uncertainty as
to the number of small entities involved with linear projects, we
believe that the relative proportion these 11 entities represent is
unlikely to constitute a substantial number. Further, the projected
impacts to third parties resulting from the consultations on linear
projects are anticipated to be solely administrative in nature. Thus,
even with the uncertainty as to whether the proportion of entities
potentially effected is may be substantial (although we think that it
is not), we have determined that the potential impacts to these
entities would not be significant as they would only be the result of
additional administrative costs, which are relatively minor. Therefore,
based on our conservative estimates in identifying third parties in
this sector that potentially may be impacted, the projected number of
entities and types of impacts, we concluded that the designation would
not result in a significant impact to a substantial number of small
business entities in this sector.
These conclusions were reaffirmed in our FEA. Please refer to
Appendix A of the FEA for further details of our evaluation. In
development of the final economic analysis (FEA) and taking into
consideration all information and comments received, and based on our
conservative evaluation of the number of entities in the timber
management and linear project sectors potentially impacted, the
proportion of the affected entities to those representing the sector in
the study area, and the types of impacts, we again determined that the
revised critical habitat designation will not have a significant
economic impact on a substantial number of small business entities. In
Appendix A of the FEA, we acknowledge that the primary economic impact
of the project modifications resulting from the consultations described
above is a change in Federal revenues generated by timber sales. In
other words, if harvests are increased or decreased as a result of the
designation, the USFS and BLM will
[[Page 72048]]
receive more or less revenues, respectively, from the sale of this
timber. However, these Federal agencies are not, as noted, small
businesses. Furthermore, entities bidding for new timber sales on
Federal lands would not incur costs as a result of this critical
habitat designation because they will only pay for the value of the
sale after any modifications are made as part of the section 7
consultation process. In other words, any impact of this regulation on
those entities would be indirect.
In the FEA, we evaluated the potential indirect economic effects on
small business entities resulting from conservation actions related to
the listing of the northern spotted owl and the designation of critical
habitat. The analysis is based on the estimated impacts associated with
the rulemaking, as described in Chapters 4 through 8 and Appendix A of
the analysis, and evaluates the potential for economic impacts related
to: (1) Timber management, (2) barred owl management, (3) northern
spotted owl surveys and monitoring, (4) fire management, (5) linear
projects (i.e., roads, pipelines, and powerlines), (6) restoration, (7)
recreation, and (8) administrative costs associated with consultations
under section 7 of the Act.
With respect to Federal lands, consultations with Federal land
managers, the Service, and other experts indicate varying opinions
regarding potential critical habitat effects on timber management
practices, and noted the difficulty and limitations of deriving precise
measures of positive or negative incremental change. Therefore, the FEA
considered three alternative scenarios, which are described in Chapter
4 and summarized in Exhibit ES-4 of the FEA. These scenarios include:
(1) Administrative costs only; (2) potential positive incremental
impacts to timber harvest on Federal lands; and (3) potential negative
incremental impacts to timber harvest on Federal lands. Furthermore,
the economic analysis presents a potential low impact and high impact
outcome for each of the three scenarios. Thus under the positive impact
scenario, the estimated annualized increase in timber harvest revenue
on Federal lands range from $1,230,000 to $3,070,000. Under the
negative impact scenario, the annualized decrease in timber harvest
revenue on Federal lands ranges $2,460,000 to $614,000,000. In all
three scenarios, the estimated annualized administrative costs on
Federal lands are from $185,000 to $316,000.
In response to public comment, a sensitivity analysis was performed
on the baseline timber harvest projections, to better inform the
alternative impact scenarios in the FEA. The economic analysis uses a
baseline harvest projection of approximately 122.80 million board feet
(MMBF) per year. In the sensitivity analyses, the baseline timber
harvest projection increases by up to an additional 27.99 MMBF per
year. Therefore, the range of incremental impacts to Federal timber
harvest widens from a potential increase in stumpage value of
$3,580,000 (under the increased timber harvest scenario) to a potential
decrease of $7,860,000 (under the decreased timber harvest scenario)
per year.
In addition, Exhibit ES-4 of the FEA presents our qualitative
conclusions concerning potential timber harvest impacts to private
lands, and notes that there may be possible negative impacts associated
with regulatory uncertainty, and new regulation in the State of
Washington, and concludes that zero timber harvest impacts are likely
to occur on State lands. Finally, Exhibit ES-4 notes the potential
incremental administrative costs related to linear projects, which are
estimated to be between $10,800 on the low end and $19,500 on the high
end.
The FEA also confirms our conclusion that between less than one
percent and two percent of potentially effected small entities in the
56 county study area may participate as third parties in section 7
consultations related to timber harvests on an annual basis. In
addition, approximately 11 electricity transmission or natural gas
pipeline companies may participate in section 7 consultations in a
given year. While we believe that this number does not represent a
significant proportion of entities in this sector, the impacts to these
entities are expected not to be significant as they are anticipated to
be solely administrative in nature.
The FEA also explains that these estimates almost certainly
overstate rather than understate the number of affected entities,
perhaps to a significant degree, because: (1) Not all section 7
consultations will involve a third party; (2) not all third parties
will be small entities; and (3) the same entity may consult more than
once in a single year. We have also constrained the population of
potentially affected entities to those found in counties overlapping
critical habitat, as opposed to including others within the States of
Washington, Oregon, and California. In addition, as described elsewhere
in this rule, the greatest impact of section 7 will likely occur in
unoccupied habitat, due to the fact that consultation would already
occur in occupied habitat due to the presence of the listed species. We
estimate that the vast majority of the areas being designated in this
rule were occupied at the time of listing.
Finally, our analysis of potential impacts to small entities is
overestimated because it was based on the proposed designation, which
has been reduced by 4,197,484 ac (1,697,903 ha) in this final rule.
Designated Federal lands are reduced by 2,849,745 ac (1,151,297 ha) due
to the elimination of lands that we have determined do not meet the
definition of critical habitat, the exemption of DOD lands under
section 4(a)(3) of the Act, and the exclusion of Congressionally-
reserved lands under section 4(b)(2) of the Act. Designated State and
private lands are reduced by 1,647,170 ac (665,843 ha) due to the
elimination of some lands that do not meet the definition of critical
habitat and the exclusion of State parks and private lands under
section 4(b)(2) of the Act.
In summary, we considered whether this designation would result in
a significant economic impact on a substantial number of small
entities. Based on the above reasoning, relevant case law, and
currently available information, we concluded that this rule will not
result in a significant economic impact on a substantial number of
small entities. We are reaffirming our certification that this revised
designation of critical habitat for the northern spotted owl will not
have a significant economic impact on a substantial number of small
entities, and a regulatory flexibility analysis is not required.
Energy Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. While this final rule to designate revised critical
habitat for the northern spotted owl is a significant regulatory action
under Executive Order 12866, it is not expected to significantly affect
energy supplies, distribution, or use. Therefore, this action is not a
significant energy action, and no Statement of Energy Effects is
required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following findings:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation,
[[Page 72049]]
statute, or regulation that would impose an enforceable duty upon
State, local, or Indian governments, or the private sector, and
includes both ``Federal intergovernmental mandates'' and ``Federal
private sector mandates.'' These terms are defined in 2 U.S.C. 658(5)-
(7). ``Federal intergovernmental mandate'' includes a regulation that
``would impose an enforceable duty upon State, local, or Indian
governments'' with two exceptions. It excludes ``a condition of Federal
assistance.'' It also excludes ``a duty arising from participation in a
voluntary Federal program,'' unless the regulation ``relates to a then-
existing Federal program under which $500,000,000 or more is provided
annually to State, local, and Indian governments under entitlement
authority,'' if the provision would ``increase the stringency of
conditions of assistance'' or ``place caps upon, or otherwise decrease,
the Federal Government's responsibility to provide funding,'' and the
State, local, or Indian governments ``lack authority'' to adjust
accordingly. At the time of enactment, these entitlement programs were:
Medicaid; Aid to Families with Dependent Children work programs; Child
Nutrition; Food Stamps; Social Services Block Grants; Vocational
Rehabilitation State Grants; Foster Care, Adoption Assistance, and
Independent Living; Family Support Welfare Services; and Child Support
Enforcement. ``Federal private sector mandate'' includes a regulation
that ``would impose an enforceable duty upon the private sector, except
(i) a condition of Federal assistance or (ii) a duty arising from
participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above onto State governments.
(2) We have determined that this rule will not significantly or
uniquely affect small governments because the designation of critical
habitat imposes no obligations on State or local governments. By
definition, Federal agencies are not considered small entities,
although the activities they fund or permit may be proposed or carried
out by small entities. Consequently, we do not believe that the
critical habitat designation would significantly or uniquely affect
small government entities. As such, a Small Government Agency Plan is
not required. Further, it will not produce a Federal mandate of $100
million or greater in any year, that is, it is not a ``significant
regulatory action'' under the Unfunded Mandates Reform Act.
Takings (Executive Order 12630)
In accordance with Executive Order 12630 (Government Actions and
Interference with Constitutionally Protected Private Property Rights),
we have analyzed the potential takings implications of designating
critical habitat for the northern spotted owl in a takings implications
assessment. As discussed above, the designation of critical habitat
affects only Federal actions. Although private parties that receive
Federal funding or assistance or require approval or authorization from
a Federal agency for an action may be indirectly impacted by the
designation of critical habitat, the legally binding duty to avoid
destruction or adverse modification of critical habitat rests squarely
on the Federal agency. The takings implications assessment concludes
that this designation of critical habitat for the northern spotted owl
does not pose significant takings implications for lands within or
affected by the designation.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132 (Federalism), we have
determined that this rule does not have direct federalism implications
that would require a federalism summary impact statement; however, we
are aware of the State-level interest in this rule, and we both
summarize below and explain in more detail in other parts of this
package activities and responsibilities on Federal, State, and private
lands.
From a federalism perspective, the designation of critical habitat
directly affects only the responsibilities of Federal agencies. As
explained in detail earlier, section 7(a)(2) of the Act requires
Federal agencies--and only Federal agencies--to ensure that the actions
they authorize, fund, or carry out are not likely to destroy or
adversely modify critical habitat. The Act imposes no other duties with
respect to critical habitat, either for States and local governments,
or for anyone else. As a result, the rule does not have substantial
direct effects either on the States, or on the relationship between the
national government and the States, or on the distribution of powers
and responsibilities among the various levels of government. However,
in keeping with Department of the Interior and Department of Commerce
policy and the federalism principles set forth in Executive Order
13132, we requested information from, and coordinated development of,
this revised critical habitat designation with appropriate State
resource agencies in Washington, Oregon, and California, on the effects
of revised designation of critical habitat. We received comments from
the Washington State Department of Natural Resources, Washington
Department of Fish and Wildlife, Oregon Department of Forestry, the
State of Oregon, and California Department of Forestry and Fire
Protection (CALFIRE), as discussed in the Summary of Comments and
Responses section of the rule, above. In addition, we received comments
from the following counties:
Washington: Jefferson County, Klickitat County, Skamania
County, and Skagit County;
Oregon: Hood River County, Jackson County, Linn County,
Douglas County, and the Association of O&C Counties; and
California: Del Norte County, Tehama County, Regional
Council of Rural Counties, Siskiyou County, and Trinity County.
We used this information to more thoroughly evaluate the probable
economic and regulatory effects of the proposed designation in our
final economic analysis, to inform the development of our final rule,
and to consider the appropriateness of excluding specific areas from
the final rule. We found that the revised designation of critical
habitat for the northern spotted owl has little incremental impact on
State and local governments and their activities.
The revision of critical habitat also is not expected to have
substantial indirect impacts. As explained in more detail above,
activities within the areas proposed to be designated as critical
habitat are already subject to a broad range of requirements,
including: (1) The various requirements of the Northwest Forest Plan,
including those
[[Page 72050]]
applicable to its Late-successional Reserves, Riparian Reserves, and
``survey and manage'' restrictions; (2) the prohibition against
``taking'' northern spotted owls under sections 4(d) and 9 of the Act;
(3) the prohibition against Federal agency actions that jeopardize the
continued existence of the northern spotted owl under section 7(a)(2)
of the Act; (4) the prohibition against taking other federally listed
species that occur in the area of the designated critical habitat
(e.g., salmon, bull trout, and marbled murrelets); and (5) the
prohibition against Federal agency actions that jeopardize the
continued existence of such other listed species. All of these
requirements are currently in effect and will remain in effect after
the final revision of critical habitat.
Some indirect impacts of the rule on States are, of course,
possible. Section 7(a)(2) of the Act requires Federal agencies (action
agencies) to consult with the Service whenever activities that they
undertake, authorize, permit, or fund may affect a listed species or
designated critical habitat. States or local governments may be
indirectly affected if they require Federal funds or formal approval or
authorization from a Federal agency as a prerequisite to conducting an
action. In such instances, while the primary consulting parties are the
Service and the Federal action agency, State and local governments may
also participate in section 7 consultation as an applicant. It is
therefore possible that States may be required to change project
designs, operation, or management of activities taking place within the
boundaries of the designation in order to receive Federal funding,
assistance, permits, approval, or authorization from a Federal agency.
Also, to the extent that the designation of critical habitat affects
timber harvest amounts on Federal land, county governments that receive
a share of the receipts from such harvests may be affected. However,
while non-Federal entities that receive Federal funding, assistance, or
permits, or that otherwise require approval or authorization from a
Federal agency for an action, may be indirectly impacted by the
designation of critical habitat, the legally binding duty to avoid
destruction or adverse modification of critical habitat rests squarely
on the Federal agency.
On the other hand, the designation of critical habitat will likely
have some benefit to State and local governments because the areas that
contain the physical or biological features essential to the
conservation of the species are more clearly defined, and the elements
of the features of the habitat necessary to the conservation of the
species are specifically identified. It may also assist local
governments in long-range planning (rather than having them wait for
case-by-case section 7 consultations to occur).
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that the rule does not
unduly burden the judicial system and that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We have revised critical
habitat in accordance with the provisions of the Act. To assist the
public in understanding the habitat needs of the species, the rule
identifies the elements of physical or biological features essential to
the conservation of the species. The designated areas of critical
habitat are presented on maps, and the rule provides several options
for the interested public to obtain more detailed location information,
if desired.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act (NEPA), 42 U.S.C. 4321 et seq., in connection with designating
critical habitat under the Act for the reasons outlined in a notice
published in the Federal Register on October 25, 1983 (48 FR 49244).
This position was upheld by the U.S. Court of Appeals for the Ninth
Circuit (in a challenge to the first rulemaking designating critical
habitat for the northern spotted owl. Douglas County v. Babbitt, 48
F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).
However, at our discretion, we undertook an environmental
assessment for this revised critical habitat designation, and notified
the public of the availability of the draft environmental assessment
for the proposed rule, for review and comment. We took all substantive
comments into consideration, both to make revisions or corrections in
the environmental assessment, and in the decisionmaking process made in
finalizing the determination. In our final environmental assessment, we
were able to make a finding of no significant impact (FONSI) from this
rulemaking action. The final environmental assessment is available at
www.regulations.gov and at https://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/CriticalHabitat/default.asp.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments'' (November 6, 2000, and as
reaffirmed November 5, 2009), and the Department of the Interior's
manual at 512 DM 2, we readily acknowledge our responsibility to
communicate meaningfully with recognized Federal Tribes on a
government-to-government basis. The United States recognizes the right
of Indian tribes to self-government and supports tribal sovereignty and
self-determination, and recognizes the need to consult with tribal
officials when developing regulations that have tribal implications. In
accordance with Secretarial Order 3206 of June 5, 1997 (American Indian
Tribal Rights, Federal-Tribal Trust Responsibilities, and the
Endangered Species Act), we readily acknowledge our responsibilities to
work directly with tribes in developing programs for healthy
ecosystems, to acknowledge that Indian lands are not subject to the
same controls as Federal public lands, to remain sensitive to Indian
culture, and to make information available to tribes. Even though we
have determined that there are no Indian lands that meet the definition
of critical habitat for the northern spotted owl, and therefore no
Indian lands are included in this designation, we will continue to
coordinate and consult with tribes regarding resources within the
revised designation that are of cultural significance to them.
XIV. References Cited
A complete list of references cited in this rulemaking is available
on the Internet at https://www.regulations.gov and upon request from the
Oregon Fish
[[Page 72051]]
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this package are the staff members of the
Oregon Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.95(b) by revising the critical habitat entry for
``Northern Spotted Owl (Strix occidentalis caurina)'' to read as
follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(b) Birds.
* * * * *
Northern Spotted Owl (Strix occidentalis caurina)
(1) Critical habitat units are depicted for the States of
Washington, Oregon, and California on the maps below.
(2) Critical habitat for the northern spotted owl includes the
following four primary constituent elements set forth in paragraph
(2)(i) (primary constituent element 1) through paragraph (2)(iv)
(primary constituent element 4) of this entry. Each critical habitat
unit must include primary constituent element 1 and primary constituent
element 2, 3, or 4:
(i) Primary constituent element 1: Forest types that may be in
early-, mid-, or late-seral stages and that support the northern
spotted owl across its geographical range. These forest types are
primarily:
(A) Sitka spruce;
(B) Western hemlock;
(C) Mixed conifer and mixed evergreen;
(D) Grand fir;
(E) Pacific silver fir;
(F) Douglas-fir;
(G) White fir;
(H) Shasta red fir;
(I) Redwood/Douglas-fir (in coastal California and southwestern
Oregon); and
(J) The moist end of the ponderosa pine coniferous forest zones at
elevations up to approximately 3,000 ft (900 m) near the northern edge
of the range and up to approximately 6,000 ft (1,800 m) at the southern
edge.
(ii) Primary constituent element 2: Habitat that provides for
nesting and roosting. In many cases the same habitat also provides for
foraging (primary constituent element (3)). Nesting and roosting
habitat provides structural features for nesting, protection from
adverse weather conditions, and cover to reduce predation risks for
adults and young. This primary constituent element is found throughout
the geographical range of the northern spotted owl, because stand
structures at nest sites tend to vary little across the northern
spotted owl's range. These habitats must provide:
(A) Sufficient foraging habitat to meet the home range needs of
territorial pairs of northern spotted owls throughout the year; and
(B) Stands for nesting and roosting that are generally
characterized by:
(1) Moderate to high canopy cover (60 to over 80 percent).
(2) Multilayered, multispecies canopies with large (20-30 inches
(in) (51-76 centimeters (cm)) or greater diameter at breast height
(dbh)) overstory trees.
(3) High basal area (greater than 240 ft\2\/acre; 55 m\2\/ha).
(4) High diversity of different diameters of trees.
(5) High incidence of large live trees with various deformities
(e.g., large cavities, broken tops, mistletoe infections, and other
evidence of decadence).
(6) Large snags and large accumulations of fallen trees and other
woody debris on the ground.
(7) Sufficient open space below the canopy for northern spotted
owls to fly.
(iii) Primary constituent element 3: Habitat that provides for
foraging, which varies widely across the northern spotted owl's range,
in accordance with ecological conditions and disturbance regimes that
influence vegetation structure and prey species distributions. Across
most of the owl's range, nesting and roosting habitat is also foraging
habitat, but in some regions northern spotted owls may additionally use
other habitat types for foraging as well. The foraging habitat PCEs for
the four ecological zones within the geographical range of the northern
spotted owl are generally the following:
(A) West Cascades/Coast Ranges of Oregon and Washington.
(1) Stands of nesting and roosting habitat; additionally, owls may
use younger forests with some structural characteristics (legacy
features) of old forests, hardwood forest patches, and edges between
old forest and hardwoods.
(2) Moderate to high canopy cover (60 to over 80 percent).
(3) A diversity of tree diameters and heights.
(4) Increasing density of trees greater than or equal to 31 in (80
cm) dbh increases foraging habitat quality (especially above 12 trees
per ac (30 trees per ha)).
(5) Increasing density of trees 20 to 31 in (51 to 80 cm) dbh
increases foraging habitat quality (especially above 24 trees per ac
(60 trees per ha)).
(6) Increasing snag basal area, snag volume (the product of snag
diameter, height, estimated top diameter, and including a taper
function), and density of snags greater than 20 in (50 cm) dbh all
contribute to increasing foraging habitat quality, especially above 10
snags/ha.
(7) Large accumulations of fallen trees and other woody debris on
the ground.
(8) Sufficient open space below the canopy for northern spotted
owls to fly.
(B) East Cascades.
(1) Stands of nesting and roosting habitat.
(2) Stands composed of Douglas-fir and white fir/Douglas-fir mix.
(3) Mean tree size (quadratic mean diameter greater than 16.5 in
(42 cm)).
(4) Increasing density of large trees (greater than 26 in (66 cm))
and increasing basal area (the cross-sectional area of tree boles
measured at breast height), which increases foraging habitat quality.
(5) Large accumulations of fallen trees and other woody debris on
the ground.
(6) Sufficient open space below the canopy for northern spotted
owls to fly.
(C) Klamath and Northern California Interior Coast Ranges.
(1) Stands of nesting and roosting habitat; in addition, other
forest types with mature and old-forest characteristics.
(2) Presence of conifer species such as incense-cedar, sugar pine,
and Douglas-fir and hardwood species such as bigleaf maple, black oak,
live oaks, and madrone, as well as shrubs.
(3) Forest patches within riparian zones of low-order streams and
edges between conifer and hardwood forest stands.
(4) Brushy openings and dense young stands or low-density forest
patches within a mosaic of mature and older forest habitat.
(5) High canopy cover (87 percent at frequently used sites).
(6) Multiple canopy layers.
[[Page 72052]]
(7) Mean stand diameter greater than 21 in (52.5 cm).
(8) Increasing mean stand diameter and densities of trees greater
than 26 in (66 cm) increases foraging habitat quality.
(9) Large accumulations of fallen trees and other woody debris on
the ground.
(10) Sufficient open space below the canopy for northern spotted
owls to fly.
(D) Redwood Coast.
(1) Nesting and roosting habitat; in addition, stands composed of
hardwood tree species, particularly tanoak.
(2) Early-seral habitats 6 to 20 years old with dense shrub and
hardwood cover and abundant woody debris; these habitats produce prey,
and must occur in conjunction with nesting, roosting, or foraging
habitat.
(3) Increasing density of small-to-medium sized trees (10 to 22 in;
25 to 56 cm), which increases foraging habitat quality.
(4) Trees greater than 26 in (66 cm) in diameter or greater than 41
years of age.
(5) Sufficient open space below the canopy for northern spotted
owls to fly.
(iv) Primary constituent element 4: Habitat to support the
transience and colonization phases of dispersal, which in all cases
would optimally be composed of nesting, roosting, or foraging habitat
(PCEs 2 or 3), but which may also be composed of other forest types
that occur between larger blocks of nesting, roosting, and foraging
habitat. In cases where nesting, roosting, or foraging habitats are
insufficient to provide for dispersing or nonbreeding owls, the
specific dispersal habitat PCEs for the northern spotted owl may be
provided by the following:
(A) Habitat supporting the transience phase of dispersal, which
includes:
(1) Stands with adequate tree size and canopy cover to provide
protection from avian predators and minimal foraging opportunities; in
general this may include, but is not limited to, trees with at least 11
in (28 cm) dbh and a minimum 40 percent canopy cover; and
(2) Younger and less diverse forest stands than foraging habitat,
such as even-aged, pole-sized stands, if such stands contain some
roosting structures and foraging habitat to allow for temporary resting
and feeding during the transience phase.
(B) Habitat supporting the colonization phase of dispersal, which
is generally equivalent to nesting, roosting and foraging habitat as
described in PCEs 2 and 3, but may be smaller in area than that needed
to support nesting pairs.
(3) Critical habitat does not include:
(i) manmade structures (such as buildings, aqueducts, runways,
roads, other paved areas, or surface mine sites) and the land on which
they are located; and
(ii) meadows, grasslands, oak woodlands, or aspen woodlands as
described below existing on January 3, 2013 and not containing primary
constituent elements 1 and 2, 3, or 4 as described in paragraph (2) of
this entry.
(A) Meadows and grasslands include: dry, upland prairies and
savannas in valleys and foothills of western Washington, Oregon, and
northwest California; subalpine meadows; and grass and forb dominated
cliffs, bluffs and grass balds found throughout these same areas. These
areas are dominated by native grasses and diverse forbs, and may
include a minor savanna component of Oregon white oak, Douglas-fir, or
Ponderosa pine.
(B) Oak woodlands are characterized by an open canopy dominated by
Oregon white oak. These areas may also include ponderosa pine,
California black oak, Douglas-fir, or canyon live oak. The understory
is relatively open with shrubs, grasses and wildflowers. Oak woodlands
are typically found in drier landscapes and on south-facing slopes.
This exception for oak woodlands does not include tanoak
(Notholithocarpus densiflorus) stands, closed-canopy live oak (Quercus
agrifolia) woodlands and open-canopied valley oak (Quercus lobata) and
mixed-oak woodlands in subunits ICC-6 and RDC-5 in Napa, Sonoma, and
Marin Counties, California.
(C) Aspen (Populus spp.) woodlands are dominated by aspen trees
with a forb, grass or shrub understory and are typically found on
mountain slopes, rock outcrops and talus slopes, canyon walls, and some
seeps and stream corridors. This forest type also can occur in riparian
areas or in moist microsites within drier landscapes.
(4) We have determined that the physical and biological features in
habitat occupied by the species at the time it was listed, as
represented by the primary constituent elements, may require special
management considerations or protection as required by 16 U.S.C.
1532(5)(A). However, nothing in this rule requires land managers to
implement, or precludes land managers from implementing, special
management or protection measures.
(5) Critical habitat map units. The designated critical habitat
units for the northern spotted owl are depicted on the maps below. The
coordinates or plot points or both on which each map is based are
available at the field office Internet site (https://www.fws.gov/oregonfwo), https://www.regulations.gov at Docket No. FWS-R1-ES-2011-
0112, and at the Service's Oregon Fish and Wildlife Office. You may
obtain field office location information by contacting one of the
Service regional offices, the addresses of which are listed at 50 CFR
2.2.
(6) Note: Index map of critical habitat units for the northern
spotted owl in the State of Washington follows:
[[Page 72053]]
[GRAPHIC] [TIFF OMITTED] TR04DE12.001
BILLING CODE 4310-55-P
(7) Note: Index map of critical habitat units for the northern
spotted owl in the State of Oregon follows:
[[Page 72054]]
[GRAPHIC] [TIFF OMITTED] TR04DE12.002
(8) Note: Index map of critical habitat units for the northern
spotted owl in the State of California follows:
[[Page 72055]]
[GRAPHIC] [TIFF OMITTED] TR04DE12.003
(9) Unit 1: North Coast Ranges and Olympic Peninsula, Oregon and
Washington. Maps of Unit 1: North Coast Ranges and Olympic Peninsula,
Oregon and Washington, follow:
[[Page 72056]]
[GRAPHIC] [TIFF OMITTED] TR04DE12.004
[[Page 72057]]
[GRAPHIC] [TIFF OMITTED] TR04DE12.005
[[Page 72058]]
(10) Unit 2: Oregon Coast Ranges, Oregon. Map of Unit 2,
OregonCoast Ranges, Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.006
[[Page 72059]]
(11) Unit 3: Redwood Coast, Oregon and California. Map of Unit 3,
Redwood Coast, Oregon and California, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.007
[[Page 72060]]
(12) Unit 4: West Cascades North, Washington. Map of Unit 4, West
Cascades North, Washington, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.008
[[Page 72061]]
(13) Unit 5: West Cascades Central, Washington. Map of Unit 5, West
Cascades Central, Washington, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.009
[[Page 72062]]
(14) Unit 6: West Cascades South, Washington. Map of Unit 6, West
Cascades South, Washington, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.010
[[Page 72063]]
(15) Unit 7: East Cascades North, Washington and Oregon. Maps of
Unit 7, East Cascades North, Washington and Oregon, follow:
[GRAPHIC] [TIFF OMITTED] TR04DE12.011
[[Page 72064]]
[GRAPHIC] [TIFF OMITTED] TR04DE12.012
[[Page 72065]]
(16) Unit 8: East Cascades South, California and Oregon. Map of
Unit 8, East Cascades South, California and Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.013
[[Page 72066]]
(17) Unit 9: Klamath West, Oregon and California. Map of Unit 9:
Klamath West, Oregon and California, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.014
[[Page 72067]]
(18) Unit 10: Klamath East, California. Map of Unit 10: Klamath
East, California, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.015
[[Page 72068]]
(19) Unit 11: Interior California Coast, California. Map of Unit
11: Interior California Coast, California, follows:
[GRAPHIC] [TIFF OMITTED] TR04DE12.016
* * * * *
Dated: November 20, 2012.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-28714 Filed 12-3-12; 8:45 am]
BILLING CODE 4310-55-C
