Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Coastal Distinct Population Segment of the Pacific Marten, 59384-59386 [2022-21191]
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59384
Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2020–0151;
FF09E21000 FXES11110900000 223]
RIN 1018–BE33
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for the Coastal Distinct
Population Segment of the Pacific
Marten
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; revisions and
reopening of comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are reopening
the comment period on our October 25,
2021, proposed rule to designate critical
habitat for the coastal distinct
population segment of Pacific marten
(coastal marten) (Martes caurina), a
mammal species from coastal California
and Oregon, under the Endangered
Species Act of 1973, as amended (Act).
This action will allow all interested
parties an additional opportunity to
comment on the October 25, 2021,
proposed rule, as well as the
opportunity to comment on the
additional areas we are considering for
exclusion from critical habitat
designation, potential changes to Unit 1,
and on new habitat modeling efforts for
the coastal marten, as explained in this
document. Comments previously
submitted need not be resubmitted as
they are already incorporated into the
public record and will be fully
considered in the final rule.
DATES: The comment period on the
proposed rule that published October
25, 2021 (86 FR 58831) is reopened. We
will accept comments received or
postmarked on or before October 17,
2022.
ADDRESSES: Written comments: You may
submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2020–0151, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the panel on the left
side of the screen, under the Document
Type heading, check the Proposed Rule
box to locate the document. You may
submit a comment by clicking on
‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
jspears on DSK121TN23PROD with PROPOSALS
SUMMARY:
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FWS–R8–ES–2020–0151, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
Availability of supporting materials:
This document and supporting
materials (including the species status
assessment report, comments and
information received on the proposed
rule, and references cited) are available
at https://www.regulations.gov under
Docket No. FWS–R8–ES–2020–0151 and
at the Arcata Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Tanya Sommer, Field Supervisor,
Arcata Fish and Wildlife Office, 1655
Heindon Road, Arcata, CA 95521;
telephone 707–822–7201. Individuals in
the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Background
On October 25, 2021, we published in
the Federal Register (86 FR 58831) a
proposed rule to designate
approximately 1,413,305 acres (ac)
(571,965 hectares (ha)) of critical habitat
in Oregon and California for the coastal
marten. In the proposed designation, we
identified 76,544 ac (30,976 ha) of
private land owned by Green Diamond
Resource Company (Green Diamond)
and 26,126 ac (10,573 ha) of Yurok
Tribal land that we are considering for
exclusion from the critical habitat
designation under section 4(b)(2) of the
Act.
During the comment period on the
October 25, 2021, proposed rule, we
received information from the Yurok
Tribe and Green Diamond that made us
aware of changes in land ownership
between the two entities based on recent
land transfers. Below, we provide a
summary of that information and
discuss changes to the areas we are now
considering for exclusion under section
4(b)(2) of the Act. We also provide
information related to new species
occurrence modeling and information
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on areas which may not contain the
physical or biological features essential
to the conservation of the coastal
marten. We will be considering all this
information during our designation
process.
Although the critical habitat
designation for the coastal marten was
proposed when the regulatory definition
of habitat (85 FR 81411; December 16,
2020) and the 4(b)(2) exclusion
regulations (85 FR 82376; December 18,
2020) were in place and in effect, those
two regulations have been rescinded (87
FR 37757; June 24, 2022 and 87 FR
43433; July 21, 2022) and no longer
apply to any designations of critical
habitat. Therefore, for the final rule
designating critical habitat for the
coastal marten, we will apply the
regulations at 424.19 and the 2016 Joint
Policy on 4(b)(2) exclusions (81 FR
7226; February 11, 2016).
Changes to Areas Identified for
Exclusion and Additional Information
Received
Tribal Lands and Green Diamond
Resource Company Lands; Unit 5
Klamath Mountains
As identified above, our proposed
critical habitat rule identified
approximately 26,126 ac (10,573 ha) of
Yurok Tribal lands and 76,544 ac
(30,976 ha) of Green Diamond lands
within the proposed designation of
critical habitat for the coastal marten in
Unit 5 in California. Based on additional
information received from Green
Diamond and the Yurok Tribe, we
became aware of land ownership
transfers between the two entities. As a
result, approximately 27,564 ac (11,155
ha) of land identified for exclusion for
Green Diamond have been transferred to
the Yurok Tribe. We now identify
approximately 48,980 ac (19,822 ha) of
Green Diamond land for potential
exclusion within the proposed
designation. Based on the land transfers
and additional exclusion requests, the
Yurok Tribe has requested that
approximately 93,898 ac (37,999 ha) of
land be considered for exclusion based
on Yurok Tribal interests. These Tribal
areas are comprised of a mix of current
land ownership and include
approximately 68,898 ac (27,882 ha) of
Yurok Tribal fee title and trust lands,
lands held by Western Rivers
Conservancy for the Tribe, and
approximately 25,000 ac (10,117 ha) of
ancestral Yurok Tribal lands currently
owned by the U.S. Forest Service.
Despite the mixed ownership, we are
considering the Tribe’s request for
exclusion of the entire 93,898 ac (37,999
ha). The amount and ownership
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Proposed Rules
information for the areas being
considered for exclusion for the various
entities is outlined in the table below.
Further, during the open comment
period, we also received information
regarding occurrence and habitat use by
the coastal marten based on new
modeling efforts (National Council for
Air and Stream Improvement 2021).
Although we are not now making any
changes to the proposed designation
based on the revised habitat modeling,
we intend to review these habitat
modeling efforts and determine if
changes to the proposed designation are
needed based on this information.
Information regarding the revised
habitat modeling is available at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2020–0151–0022, and we
invite public comment on the habitat
modeling efforts to inform our review.
In addition, the U.S. Forest Service in
Oregon commented that some proposed
areas in the Siuslaw National Forest
may not contain the physical or
59385
biological features and therefore are not
critical habitat. We are in the process of
reviewing the information provided by
the Forest Service and will make
adjustments to the designation if
appropriate between proposed and final
designation. Information regarding the
U.S. Forest Service’s comments are
available at https://www.regulations.gov
under Docket No. FWS–R8–ES–2020–
0151–0039.
TABLE OF AREAS CONSIDERED FOR EXCLUSION BY CRITICAL HABITAT UNIT
Unit No.
Unit name
5 .....................
Klamath Mountains
Area meeting the
definition of critical
habitat
(in ac (ha))
1,289,627 (521,894)
Based on existing conservation and
management actions for natural
resources by the Green Diamond
Resource Company and the Yurok Tribe
as outlined under Consideration of
Exclusions Under Section 4(b)(2) of the
Act in the October 25, 2021, proposed
rule (86 FR 58844–58848), as well as in
additional information received during
the public comment period from both
the Yurok Tribe and Green Diamond
(see Docket FWS–R8–ES–2020–0151–
0036 and FWS–R8–ES–2020–0151–
0024), we are now considering
excluding approximately 48,980 ac
(19,822 ha) of Green Diamond land and
93,898 ac (37,999 ha) of Yurok Tribe
identified lands from the final
designation.
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Public Comments
We will accept written comments and
information during this reopened
comment period on our proposed rule to
designate critical habitat for the coastal
marten. We will consider information
and recommendations from all
interested parties. We intend that any
final action resulting from the proposal
will be based on the best scientific data
available. Our final determination will
take into consideration all comments
and any additional information we
receive during the open comment
period on the proposed rule.
Because we will consider all
comments and information received
during both comment periods, our final
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Areas Considered for
possible exclusion
(in ac (ha))
Land ownership
Green Diamond Resource Company.
48,980 ac (19,822 ha)
Yurok Tribe; Western Rivers Conservancy; U.S.
Forest Service.
93,898 ac (37,999 ha)
determination may differ from our
October 25, 2021 (86 FR 58831)
proposed rule. Based on the new
information we receive (and any
comments on that new information), our
final critical habitat designation may not
include all areas proposed, may include
some additional areas that meet the
definition of critical habitat, and may
exclude some additional areas if we find
the benefits of exclusion outweigh the
benefits of inclusion and not lead to the
extinction of the species.
If you already submitted comments or
information on the October 25, 2021,
proposed rule, please do not resubmit
them. Any such comments are
incorporated as part of the public record
of the rulemaking proceeding, and we
will fully consider them in the
preparation of our final determination.
Comments should be as specific as
possible. Please include sufficient
information with your submission (such
as scientific journal articles or other
publications) to allow us to verify any
scientific or commercial information
you assert. Please note that submissions
merely stating support for, or opposition
to, the action under consideration
without providing supporting
information, although noted, do not
provide substantial information
necessary to support our determination,
as section 4(b)(2) of the Act directs that
designations of critical habitat be made
‘‘on the basis of the best scientific data
available.’’
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Summary of rationale for
proposed exclusion
Existing land management,
State safe harbor agreement, memorandum of understanding (MOU), and
maintaining partnership.
Existing land management,
MOU, and maintaining partnership.
We request that you send comments
and materials only by one of the
methods listed in ADDRESSES. If you
submit information via https://
www.regulations.gov, your entire
submission—including your personal
identifying information—will be posted
on the website. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on https://www.regulations.gov at
Docket No. FWS–R8–ES–2020–0151.
Authors
The primary authors of this document
are the staff members of the Fish and
Wildlife Service’s Species Assessment
Team and the Pacific Southwest
Regional Office (Region 8).
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59386
Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Proposed Rules
Authority
The Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), as amended, is
the authority for this action.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022–21191 Filed 9–29–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Background
50 CFR Part 648
[Docket No. 220922–0195]
RIN 0648–BJ04
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Omega Electronic Mesh
Measurement Gauge Method for
Measuring Net Mesh Size
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This rulemaking proposes to
add the Omega net mesh measurement
gauge as a permissible device for net
mesh measurement and correct
regulatory references to gear restrictions.
This action is required to allow the use
of the Omega gauge as another method
for measuring and enforcing net mesh
size. Adoption of the Omega gauge, a
handheld electronic device, is intended
to improve the efficiency, safety, and
cost-effectiveness of enforcement
boardings at-sea.
DATES: Written comments must be
received on or before October 31, 2022.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2021–0081,
by either of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2021–0081’’ in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
Instructions: All comments that are
timely and properly submitted are a part
of the public record and will generally
be posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
jspears on DSK121TN23PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
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voluntarily by the sender will be
publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by us.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, phone: (978) 281–9232;
email: Spencer.Talmage@noaa.gov.
SUPPLEMENTARY INFORMATION:
Under section 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Secretary of Commerce is authorized to
implement regulations that are
necessary to carry out any fishery
management plan or amendment. We
have preliminarily determined that the
adoption of the Omega electronic net
mesh measurement gauge (Omega
gauge) as an enforcement tool to
measure net mesh for trawl gear will
improve the safety, efficiency, and costeffectiveness of enforcement boardings
at-sea. The Omega gauge will assist in
the enforcement of gear requirements for
all Fishery Management Plans (FMPs)
administered by the Greater Atlantic
Regional Fisheries Office, but is
otherwise administrative and will not
result in any changes to fishing behavior
or obligations to the fishing industry.
We are proposing to amend the
regulations in §§ 648.51(a)(2)(ii),
648.51(b)(4)(v), 648.80(f)(2), and
648.108(a)(2) to add the Omega gauge.
The Omega gauge is an automated,
handheld electronic device for
measuring net mesh size. To take a
measurement, two metal prongs at the
end of the device are inserted into a net
mesh, at which point the prongs slowly
separate with a standardized, pre-set
force. Once the prongs can no longer
separate, they stop, and produce the
measurement. The Omega gauge has a
measuring range of 0.4–11.81 inches (1–
30 cm), and exerts a pressure of 125
Newtons (N) (12.75 kg) when used to
measure mesh greater than or equal to
2.17 inches (5.51 cm) and a pressure of
50 N (5.10 kg) when used to measure
mesh less than 2.17 inches (5.51 cm).
The Omega gauge shows the results of
completed measurements to the user via
an electronic display, but also has the
capability to record and store
measurements internally. These records
can be exported to an electronic file for
later use. The mesh size produced by
this device would be based on the same
process as currently specified; it would
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be equal to the average of the
measurements of 20 consecutive meshes
for nets having 75 or more meshes, and
10 consecutive meshes for nets having
fewer than 75 meshes.
The current methodology for
measuring trawl net mesh size uses a
wedge-shaped gauge with a taper of 0.79
inches (2 cm) in 3.15 inches (8 cm) and
a thickness of 0.09 inches (2.3 mm). To
measure net mesh size of less than 4.72
inches (120 mm), the wedge gauge is
attached to a 5-kg weight. For nets 4.72
inches (120 mm) or larger, the gauge is
attached to an 8-kg weight. The wedge
is inserted into the mesh being
measured under the pressure or pull of
its attached weight, and the mesh size
is equal to the average of the
measurements of 20 consecutive meshes
for nets having 75 or more meshes, and
10 consecutive meshes for nets having
fewer than 75 meshes.
Between 2016 and 2018, the United
States Coast Guard (USCG) conducted
shore-side and operational comparison
studies between the wedge and Omega
gauges.
At a meeting of the New England
Fishery Management Council’s Joint
Enforcement Committee and Advisory
Panel in 2018, USCG representatives
presented the results of their studies
and demonstrated the operation of the
Omega gauge. These studies showed
that the Omega gauge accurately and
consistently measured the net meshes.
In addition, the USCG stated that the
Omega gauge is faster, easier to use, and
more precise than the traditional wedge
gauge.
Following the recommendation of the
Joint Enforcement Committee and
Advisory Panel, the New England
Council recommended to us that the
Omega gauge be adopted for net mesh
size measurement. Subsequently, the
NOAA Office of Law Enforcement and
Office of General Counsel reviewed the
study results, operations manual, and
other information and determined the
Omega gauge is suitable for net mesh
measurements.
On December 13, 2021, NMFS
presented information to the MidAtlantic Fishery Management Council
regarding the Omega gauge and the
ongoing development of rulemaking to
adopt the Omega gauge. The MidAtlantic Council had not been properly
informed of the development of this
rulemaking, and so the December
presentation corrected that error. The
Mid-Atlantic Council subsequently
passed a motion by consensus to
support the development of rulemaking
to adopt the Omega gauge.
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]]>Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59384-59386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21191]
[[Page 59384]]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2020-0151; FF09E21000 FXES11110900000 223]
RIN 1018-BE33
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Coastal Distinct Population Segment of the
Pacific Marten
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; revisions and reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reopening the comment period on our October 25, 2021, proposed rule to
designate critical habitat for the coastal distinct population segment
of Pacific marten (coastal marten) (Martes caurina), a mammal species
from coastal California and Oregon, under the Endangered Species Act of
1973, as amended (Act). This action will allow all interested parties
an additional opportunity to comment on the October 25, 2021, proposed
rule, as well as the opportunity to comment on the additional areas we
are considering for exclusion from critical habitat designation,
potential changes to Unit 1, and on new habitat modeling efforts for
the coastal marten, as explained in this document. Comments previously
submitted need not be resubmitted as they are already incorporated into
the public record and will be fully considered in the final rule.
DATES: The comment period on the proposed rule that published October
25, 2021 (86 FR 58831) is reopened. We will accept comments received or
postmarked on or before October 17, 2022.
ADDRESSES: Written comments: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2020-0151,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate the document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R8-ES-2020-0151, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
Availability of supporting materials: This document and supporting
materials (including the species status assessment report, comments and
information received on the proposed rule, and references cited) are
available at https://www.regulations.gov under Docket No. FWS-R8-ES-
2020-0151 and at the Arcata Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Tanya Sommer, Field Supervisor, Arcata
Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521;
telephone 707-822-7201. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
On October 25, 2021, we published in the Federal Register (86 FR
58831) a proposed rule to designate approximately 1,413,305 acres (ac)
(571,965 hectares (ha)) of critical habitat in Oregon and California
for the coastal marten. In the proposed designation, we identified
76,544 ac (30,976 ha) of private land owned by Green Diamond Resource
Company (Green Diamond) and 26,126 ac (10,573 ha) of Yurok Tribal land
that we are considering for exclusion from the critical habitat
designation under section 4(b)(2) of the Act.
During the comment period on the October 25, 2021, proposed rule,
we received information from the Yurok Tribe and Green Diamond that
made us aware of changes in land ownership between the two entities
based on recent land transfers. Below, we provide a summary of that
information and discuss changes to the areas we are now considering for
exclusion under section 4(b)(2) of the Act. We also provide information
related to new species occurrence modeling and information on areas
which may not contain the physical or biological features essential to
the conservation of the coastal marten. We will be considering all this
information during our designation process.
Although the critical habitat designation for the coastal marten
was proposed when the regulatory definition of habitat (85 FR 81411;
December 16, 2020) and the 4(b)(2) exclusion regulations (85 FR 82376;
December 18, 2020) were in place and in effect, those two regulations
have been rescinded (87 FR 37757; June 24, 2022 and 87 FR 43433; July
21, 2022) and no longer apply to any designations of critical habitat.
Therefore, for the final rule designating critical habitat for the
coastal marten, we will apply the regulations at 424.19 and the 2016
Joint Policy on 4(b)(2) exclusions (81 FR 7226; February 11, 2016).
Changes to Areas Identified for Exclusion and Additional Information
Received
Tribal Lands and Green Diamond Resource Company Lands; Unit 5 Klamath
Mountains
As identified above, our proposed critical habitat rule identified
approximately 26,126 ac (10,573 ha) of Yurok Tribal lands and 76,544 ac
(30,976 ha) of Green Diamond lands within the proposed designation of
critical habitat for the coastal marten in Unit 5 in California. Based
on additional information received from Green Diamond and the Yurok
Tribe, we became aware of land ownership transfers between the two
entities. As a result, approximately 27,564 ac (11,155 ha) of land
identified for exclusion for Green Diamond have been transferred to the
Yurok Tribe. We now identify approximately 48,980 ac (19,822 ha) of
Green Diamond land for potential exclusion within the proposed
designation. Based on the land transfers and additional exclusion
requests, the Yurok Tribe has requested that approximately 93,898 ac
(37,999 ha) of land be considered for exclusion based on Yurok Tribal
interests. These Tribal areas are comprised of a mix of current land
ownership and include approximately 68,898 ac (27,882 ha) of Yurok
Tribal fee title and trust lands, lands held by Western Rivers
Conservancy for the Tribe, and approximately 25,000 ac (10,117 ha) of
ancestral Yurok Tribal lands currently owned by the U.S. Forest
Service. Despite the mixed ownership, we are considering the Tribe's
request for exclusion of the entire 93,898 ac (37,999 ha). The amount
and ownership
[[Page 59385]]
information for the areas being considered for exclusion for the
various entities is outlined in the table below.
Further, during the open comment period, we also received
information regarding occurrence and habitat use by the coastal marten
based on new modeling efforts (National Council for Air and Stream
Improvement 2021). Although we are not now making any changes to the
proposed designation based on the revised habitat modeling, we intend
to review these habitat modeling efforts and determine if changes to
the proposed designation are needed based on this information.
Information regarding the revised habitat modeling is available at
https://www.regulations.gov under Docket No. FWS-R8-ES-2020-0151-0022,
and we invite public comment on the habitat modeling efforts to inform
our review.
In addition, the U.S. Forest Service in Oregon commented that some
proposed areas in the Siuslaw National Forest may not contain the
physical or biological features and therefore are not critical habitat.
We are in the process of reviewing the information provided by the
Forest Service and will make adjustments to the designation if
appropriate between proposed and final designation. Information
regarding the U.S. Forest Service's comments are available at https://www.regulations.gov under Docket No. FWS-R8-ES-2020-0151-0039.
Table of Areas Considered for Exclusion by Critical Habitat Unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area meeting the
definition of Areas Considered for Summary of rationale for
Unit No. Unit name critical habitat (in Land ownership possible exclusion proposed exclusion
ac (ha)) (in ac (ha))
--------------------------------------------------------------------------------------------------------------------------------------------------------
5........................... Klamath Mountains........ 1,289,627 (521,894) Green Diamond Resource 48,980 ac (19,822 Existing land
Company. ha) management, State safe
harbor agreement,
memorandum of
understanding (MOU),
and maintaining
partnership.
Yurok Tribe; Western 93,898 ac (37,999 Existing land
Rivers Conservancy; U.S. ha) management, MOU, and
Forest Service. maintaining
partnership.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Based on existing conservation and management actions for natural
resources by the Green Diamond Resource Company and the Yurok Tribe as
outlined under Consideration of Exclusions Under Section 4(b)(2) of the
Act in the October 25, 2021, proposed rule (86 FR 58844-58848), as well
as in additional information received during the public comment period
from both the Yurok Tribe and Green Diamond (see Docket FWS-R8-ES-2020-
0151-0036 and FWS-R8-ES-2020-0151-0024), we are now considering
excluding approximately 48,980 ac (19,822 ha) of Green Diamond land and
93,898 ac (37,999 ha) of Yurok Tribe identified lands from the final
designation.
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed rule to designate critical
habitat for the coastal marten. We will consider information and
recommendations from all interested parties. We intend that any final
action resulting from the proposal will be based on the best scientific
data available. Our final determination will take into consideration
all comments and any additional information we receive during the open
comment period on the proposed rule.
Because we will consider all comments and information received
during both comment periods, our final determination may differ from
our October 25, 2021 (86 FR 58831) proposed rule. Based on the new
information we receive (and any comments on that new information), our
final critical habitat designation may not include all areas proposed,
may include some additional areas that meet the definition of critical
habitat, and may exclude some additional areas if we find the benefits
of exclusion outweigh the benefits of inclusion and not lead to the
extinction of the species.
If you already submitted comments or information on the October 25,
2021, proposed rule, please do not resubmit them. Any such comments are
incorporated as part of the public record of the rulemaking proceeding,
and we will fully consider them in the preparation of our final
determination.
Comments should be as specific as possible. Please include
sufficient information with your submission (such as scientific journal
articles or other publications) to allow us to verify any scientific or
commercial information you assert. Please note that submissions merely
stating support for, or opposition to, the action under consideration
without providing supporting information, although noted, do not
provide substantial information necessary to support our determination,
as section 4(b)(2) of the Act directs that designations of critical
habitat be made ``on the basis of the best scientific data available.''
We request that you send comments and materials only by one of the
methods listed in ADDRESSES. If you submit information via https://www.regulations.gov, your entire submission--including your personal
identifying information--will be posted on the website. If your
submission is made via a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule, will be available
for public inspection on https://www.regulations.gov at Docket No. FWS-
R8-ES-2020-0151.
Authors
The primary authors of this document are the staff members of the
Fish and Wildlife Service's Species Assessment Team and the Pacific
Southwest Regional Office (Region 8).
[[Page 59386]]
Authority
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, is the authority for this action.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-21191 Filed 9-29-22; 8:45 am]
BILLING CODE 4333-15-P
