[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1704]
[[Page Unknown]]
[Federal Register: January 27, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC33
Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for the Marbled Murrelet
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to
designate critical habitat for the threatened marbled murrelet
(Brachyramphus marmoratus marmoratus) in Washington, Oregon, and
California under the Endangered Species Act, as amended (Act). The
marbled murrelet is a small seabird of the Alcidae family that forages
in the near-shore marine environment and nests in large trees in
coniferous forest along the coast.
Proposed critical habitat units are located on Federal lands. This
proposed critical habitat designation would result in additional
protection requirements under section 7 of the Act with regard to
activities that are funded, authorized, or carried out by Federal
agencies. Section 4 of the Act requires the Service to designate
critical habitat on the basis of the best scientific information
available and to consider the economic and other relevant impacts of
including particular areas in the designation.
DATES: Comments from all interested parties must be received by April
27, 1994. Public hearing requests must be received by March 14, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Assistant Regional Director, U.S. Fish and Wildlife
Service, Ecological Services, 911 Northeast 11th Avenue, Portland,
Oregon 97232. The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Mr. Dale Hall, Assistant Regional
Director for Ecological Services, at the above address (503/231-6159).
SUPPLEMENTARY INFORMATION:
Previous Federal Action
On January 15, 1988, the U.S. Fish and Wildlife Service (Service)
received a petition to list the marbled murrelet (Brachyramphus
marmoratus marmoratus) in Washington, Oregon, and California as a
threatened species under the Endangered Species Act of 1973, as amended
(Act). On October 17, 1988 (53 FR 40479), the Service published a
finding that the petition had presented substantial information
indicating that the requested action may be warranted. Because of the
increased research effort and new information available, the status
review period was reopened, with the concurrence of the petitioners,
from March 5, 1990, through May 31, 1990 (55 FR 4913).
On June 20, 1991 (56 FR 28362), the Service published a proposal to
list the marbled murrelet in Washington, Oregon, and California as a
threatened species. The comment period was reopened for 30 days on
January 30, 1992 (57 FR 3804), to gather the most updated information
on the species. Following a court order by the U.S. District Court for
the Western District of Washington denying a 6-month extension, the
Service published the final rule listing the marbled murrelet in
Washington, Oregon, and California as a threatened species on October
1, 1992 (57 FR 45328).
On November 2, 1993, the U.S. District Court for the Western
District of Washington granted a motion by the plaintiffs in Marbled
Murrelet v. Babbitt to compel a proposed designation of critical
habitat. In the ruling, the court ordered the Secretary to propose
designating critical habitat for the marbled murrelet no later than
January 21, 1994, and to make a final designation of critical habitat
as soon as reasonably possible under applicable law.
Ecological Considerations
The marbled murrelet (Brachyramphus marmoratus) is a small seabird
of the Alcidae family. The North American subspecies (Brachyramphus
marmoratus marmoratus) ranges from the Aleutian Archipelago in Alaska
eastward to Cook Inlet, Kodiak Island, Kenai Peninsula, and Prince
William Sound, south along the coast through the Alexander Archipelago
of Alaska, British Columbia, Washington, and Oregon to central
California. Some wintering birds are found in southern California. A
separate subspecies (Brachyramphus marmoratus perdix) occurs in Asia.
Marbled murrelets spend the majority of their lives at sea, where
they feed primarily on small fish and invertebrates in near-shore
marine waters. Marbled murrelets nest inland, predominately in older,
large-limbed trees in dense forest. Marbled murrelets have been found
occasionally on rivers and inland lakes (Carter and Sealy 1986).
The marbled murrelet is a social species that is semi-colonial
around the breeding site. Two nests discovered in Washington during
1990 were located within 46 meters (150 feet) of each other (Hamer and
Cummins 1990), and detections of marbled murrelets exhibiting behaviors
associated with nesting activity are often aggregated.
Nesting occurs over an extended period from early April to late
September (Carter and Sealy 1987). Marbled murrelets have been observed
at some inland sites during all months of the year (Paton et al. 1987,
Naslund 1993). During the breeding period, adult marbled murrelets lay
a single egg in a tree containing structures suitable for nesting
(e.g., limbs at least 13 centimeters (cm) (5 inches) in diameter,
mistletoe infections, witches brooms, deformities). Both sexes incubate
the egg in alternating 24-hour shifts for approximately 30 days, and
the young fledge after an additional 28 days (Simons 1980, Hirsch et
al. 1981, Singer et al. 1991). Inland flights by adults feeding young
are made from ocean feeding areas to nest sites at all times of the
day, but most often at dusk and dawn (Hamer and Cummins 1991). Chicks
are fed at least once a day. The adults carry only one fish at a time
to the young (Carter and Sealy 1987; Hamer and Cummins 1991; Singer et
al. 1992; Nelson, Oregon Cooperative Wildlife Research Unit, pers.
comm. 1992). The young are altricial, but remain in the nest longer
than young of most other alcids. Before leaving the nest, the young
molt into a distinctive juvenile plumage. Fledglings fly directly from
the nest to the sea rather than exploring the forest environment first
(Hamer and Cummins 1991).
For the purpose of proposing critical habitat, the Service has
concentrated on two components of marbled murrelet habitat: (1) Nesting
habitat; and (2) habitat needed to support foraging. Forest stands with
conditions that will support nesting marbled murrelets are referred to
as ``suitable nesting habitat.''
Throughout the forested portion of the species' range, marbled
murrelets nest near the marine environment in forest stands containing
characteristics of older forests (Binford et al. 1975; Sealy and Carter
1984; Carter and Sealy 1987; Carter and Erickson 1988; Marshall 1988;
Paton and Ralph 1988; Nelson 1989; Burger, University of Victoria, in
litt. 1990; Hamer and Cummins 1990, 1991; Quinlan and Hughes 1990;
Kuletz 1991; Nelson in litt. 1991; Singer et al. 1991, 1992; Nelson
1992; Nelson et al. 1992).
Historically, nesting habitat for the marbled murrelet was widely
dispersed, particularly in the wetter portions of its range in
Washington, Oregon, and California. This habitat was generally found in
very large, contiguous blocks.
Currently, the threatened population of marbled murrelets nests in
most of the major types of coniferous forests in the western portions
of Washington, Oregon, and north-central California, wherever older
forests remain in close proximity to the coast. Habitat in the drier
parts of the listed species' range (portions of southern Oregon and
northern California) is less continuous, occurring naturally in a
mosaic pattern. Although marbled murrelet nesting habitat is somewhat
variable over the range of the species, some general habitat attributes
are common throughout its range, including nesting structure, canopy
closure, stand size, tree species, landscape condition, and distance
from the marine environment.
Individual tree attributes that provide conditions suitable for
nesting include branches at least 13 cm (5 inches) in diameter,
deformities (e.g., broken tops), mistletoe infections, witches brooms,
or other structures providing a platform for nesting (Carter and Sealy
1987; Hamer and Cummins 1990, 1991; Singer et al. 1991, 1992; Ralph et
al. 1993). These structures are typically found in old-growth and
mature stands, but may be found in a variety of stand types including
younger stands containing remnant large trees.
Sixty-one tree nests have been located in North America, including
35 in the range of the listed population (6 in Washington, 20 in
Oregon, and 9 in California) (Binford et al. 1975; Varoujean et al.
1989; Burger 1990; Quinlan and Hughes 1990; Hamer and Cummins 1990,
1991; Kuletz 1991; Singer et al. 1991, 1992; Nelson unpubl. data). All
nests in Washington, Oregon, and California were located in old-growth
trees that were greater than 81 cm (32 inches) diameter at breast
height (dbh). Most nests have been located on large or deformed
branches with a moss covering; however, a few nests have been located
on smaller branches, and some nests were situated on conifer needles or
sticks rather than moss.
Canopy closure over the nest site provides protection from
predation and weather. Such canopy closure may be provided by trees
adjacent to the nest tree and/or by the nest tree itself. Nests are
typically located high above ground and usually have good overhead
protection. Such locations allow easy access and provide shelter from
potential predators and weather.
Although a few nests have been located in relatively small stands,
most nests have been found in larger stands with sufficient internal
structure to minimize the risk of predation at the nest (i.e., minimize
habitat for species known to prey on marbled murrelets) and provide
suitable climatic conditions for nesting (Nelson in litt. 1992).
Marbled murrelets are more commonly encountered in larger stands of
older forests in California (greater than 202 hectares (500 acres))
than in smaller stands (less than 40 hectares (100 acres)). However,
marbled murrelets have been detected in smaller isolated stands in
Oregon, with one confirmed nest in a 3-hectare (8-acre) stand (Nelson
unpubl. data).
General landscape condition also may affect use of suitable nesting
habitat. In Washington, marbled murrelet detections increased when old-
growth/mature forests comprised over 30 percent of the landscape. Hamer
and Cummins (1990) found that detections of marbled murrelets decreased
in Washington when the percent of clearcut/meadow on the landscape
increased above 25 percent.
Nests have been located in stands dominated by coastal redwood
(Sequoia sempervirens), Douglas-fir (Pseudotsuga menziesii), mountain
hemlock (Tsuga mertensiana), Sitka spruce (Picea sitchensis), western
hemlock (Tsuga heterophylla), and western red-cedar (Thuja plicata)
(Binford et al. 1975; Quinlan and Hughes 1990; Hamer and Cummins 1991;
Singer et al. 1991, 1992; Nelson et al. in prep). The nests themselves
have been located in Douglas-fir, coastal redwood, western hemlock,
western red-cedar, and Sitka spruce trees. These species of trees have
growth forms that produce nesting opportunities and are susceptible to
damage (disease, breakage, wind damage) that may produce nesting
structure.
Critical habitat units should occur at a distance from the marine
environment consistent with the flight and energetic capabilities of
marbled murrelets. The farthest inland known occupied site is 84
kilometers (52 miles) in Washington. The farthest inland known
detections in Oregon and California are 61 and 56 kilometers (38 and 35
miles), respectively. Occupied sites are defined as forest stands where
marbled murrelets have been observed exhibiting behaviors indicative of
likely nesting activity.
Northwestern forests typically require 200 to 250 years to attain
the attributes necessary to support marbled murrelet nesting, though
characteristics of nesting habitat are sometimes developed in younger
redwood forests. Forests with old-age remnant trees remaining from
earlier stands may also develop into nesting habitat more quickly than
those without. These remnant attributes are products of fire, wind
storms, or previous logging operations that did not remove all of the
trees. Other factors that may affect the time required to develop
suitable nesting characteristics include site productivity and aspects
of the site microclimate.
It is difficult to locate actual nests for a species such as the
marbled murrelet, which may only show activity near the nest once per
day and under low light conditions. Therefore, identification of
occupied sites and suitable habitat are the best indicators of
potential nest sites. Active nests, egg shell fragments, or young found
on the forest floor, birds seen flying through the forest beneath the
canopy or landing in trees, birds seen circling above the canopy, birds
heard calling from a stationary perch, or large numbers of birds heard
calling from within and around a stand are all strong indicators of
occupied habitat. Their semi-colonial nature makes marbled murrelets
easier to detect at high-use sites, though some areas (e.g., highly
fragmented habitat with small stand size) support low numbers of
reproducing pairs, making detection difficult.
Breeding populations of marbled murrelets are not distributed
continuously throughout the species' range. In California, there are
three separate areas where marbled murrelets concentrate at sea,
corresponding to the three largest remaining blocks of coastal old-
growth forest inland. These are separated by areas of little or no
habitat where few marbled murrelets are found at sea.
A large break in the breeding distribution is located at the
southern portion of the range in California, where approximately 480
kilometers (300 miles) separate the southern breeding population in San
Mateo County from the next known occupied site to the north in Humboldt
County. This reach contained marbled murrelets prior to extensive
logging in the area (Paton and Ralph 1988). Another distribution gap is
located between Tillamook County in Oregon and the Olympic Peninsula in
Washington, where few birds and occupied sites are known. The degree of
interaction that occurs across these gaps in distribution is unknown.
Very little habitat remains at low elevations in the Puget Trough
area of Washington. Lands surrounding the Puget Trough, particularly to
the east and south, are highly urbanized or developed for agricultural
use, forcing marbled murrelets to fly up to 25 miles inland to reach
the first available suitable nesting habitat.
Although marbled murrelets have been heard and/or seen at some
inland sites during most months of the year (Paton et al. 1987, Naslund
1993), detectability at inland sites increases during the spring and
reaches a peak late in summer coincident with the peak in breeding
activity (Paton and Ralph 1988, Nelson 1989). In early fall, the number
of inland detections decreases markedly, presumably because birds have
completed breeding and are undergoing a flightless molt at sea. It is
unknown why marbled murrelets visit inland sites during the non-
breeding season. Researchers hypothesize that birds attending these
areas in fall and winter may be experienced resident birds and that
these visits may aid in maintaining nest sites, nesting territories,
and pair bonds (Naslund 1993).
Marbled murrelets are currently experiencing very low recruitment
rates. Juvenile to adult ratios of marbled murrelets are between 0.012
and 0.035 (i.e., there are between 1 and 4 juvenile fledglings of that
year observed for every 100 adults observed) (Strong et al. 1993).
These results are supported by survey data collected at points along
the central coast of Oregon during 1988, 1989, 1990, 1991, and 1992.
The average percentage of juveniles in these counts were approximately
1, 4, 2, 5, and 1 percent, respectively (Nelson and Hardin in prep.).
Surveys conducted in California have indicated similar juvenile to
adult ratios since 1989 (Ralph, U.S. Forest Service, Redwood Sciences
Lab, pers. comm. 1992). If the juvenile to adult ratios observed in the
marine environment are accurate, then only 1 to 5 percent of the
observed population is successfully reproducing, that is, successfully
fledging young.
Average annual adult survival for stable populations of several
other alcid species is approximately 90 percent (Hudson 1985). Alcids
typically experience their highest rates of mortality prior to the
attainment of breeding age. The average survival to breeding age for
alcids is 29 percent (Hudson 1985). The combination of low fledging
rates of marbled murrelets, as demonstrated by the juvenile to adult
ratios, and low survival to breeding age are likely to produce
recruitment rates far below those required to maintain present
population levels.
Based upon the longevity of other alcids (Hudson 1985), marbled
murrelets are estimated to live an average of 10 years. With such long-
lived species, recruitment rates are a more accurate indicator of
species condition than population counts. At-sea counts of adult
marbled murrelets may reflect a large portion of non-breeders that will
not contribute to the future population. If the current low recruitment
rates are the result of recent losses of nesting opportunities, counts
of adults may not reflect the sustainable population until the
population adjusts to remaining nesting habitat.
Another possible explanation for the low juvenile to adult ratios
is that individuals are attempting to reproduce, but the young of these
birds are experiencing high mortality rates prior to reaching the
ocean. Predation at marbled murrelet nest sites may have significant
impacts on the population. Predation by corvids (common crows (Corvus
brachyrhynchos), ravens (Corvus corax), and Steller's jays (Cyanocitta
stelleri)), great horned owls (Bubo virginianus), and sharp-shinned
hawks (Accipiter striatus) have been identified as causes of marbled
murrelet nest failure. From 1974 through 1991, approximately 71 percent
of all known marbled murrelet nests in the Pacific Northwest failed; 70
percent of these failed due to predation by these species (Nelson in
litt. 1992).
Corvids are often considered ``edge species'' that have been found
to increase in numbers with increased forest fragmentation (Andren et
al. 1985, Wilcove 1985, Small and Hunter 1988). Similar findings have
been reported in central Oregon regarding great horned owls (Johnson
1993). In addition, corvid predation on small bird nests is known to
increase with increased forest fragmentation and/or decreased distance
of nests from a forest edge (Gates and Gysel 1978, Andren et al. 1985,
Small and Hunter 1988, Yahner and Scott 1988). The marbled murrelet's
main defense against predation is camouflage. The ability to
successfully hide from arboreal predators is likely related to the
number of nesting (or hiding) opportunities available. Timber harvest
reduces the number of nesting opportunities through the removal of
nesting habitat within the landscape, thus reducing the area predators
must search.
In addition to effects on marbled murrelet nesting habitat, the
species is affected by impacts and threats to their marine foraging
habitat and food supply, as well as direct mortality from human
activities such as oil spills and gill netting. Attributes of foraging
habitat include distance from shore, prey populations, and potential
disturbances.
Marbled murrelets are typically distributed in the marine
environment in a manner that roughly corresponds to the location of
concentrations of inland nesting habitat. Marbled murrelets generally
forage in near-shore marine waters.
Marine systems producing sufficient prey to support a stable or
growing population of marbled murrelets are important foraging habitat
for the species. Marbled murrelets have been reported feeding on a
variety of small fish and invertebrates, including Pacific herring
(Clupea harengus), Pacific sandlance (Ammodytes hexapterus), northern
anchovy (Engraulis mordax), capelin (Mallotus villosus), smelt,
euphids, (Eupahsia pacifica, Thysanoessa spinifera) and mysids (Sealy
1975, Sanger and Jones 1981, Sanger 1987, Carter and Sealy 1990, Strong
et al. 1993).
Mortality in the marine environment, primarily associated with oil
spills and net fisheries in Washington, adversely affects marbled
murrelets. The impact of this loss is generally thought to be less than
impacts to nesting habitat. Protection of foraging areas from
disturbance such as oil spills, net fisheries, and pollution would
benefit marbled murrelets.
Management Considerations
Marbled murrelets are found in forest stands containing a variety
of forest structures, which are, in part, the result of varied
management practices. In many areas, management practices have resulted
in fragmentation of the remaining older forests and creation of large
areas of younger forests that have yet to develop habitat
characteristics suitable for marbled murrelet nesting. Past forest
management practices have also resulted in a forest age distribution
unnaturally skewed toward younger-aged stands.
In many portions of the range of the marbled murrelet, forest
management has historically concentrated on clearcut logging. After
forests are clearcut, the areas are traditionally replanted to a single
or few tree species and maintained as even-aged stands for maximum
wood-fiber production. Site-preparation and management activities may
further decrease species diversity. These methods include prescribed
burning and the use of herbicides or mechanical methods to control
competing vegetation.
Historical logging practices in some portions of the species' range
consisted of more selective timber harvesting, leaving remnant patches
of forests of varying ages with older forest characteristics. The
uneven-age management practices used in these areas usually resulted in
more diverse stands, but with few trees containing suitable marbled
murrelet nesting structure. These areas may contain low concentrations
of reproducing marbled murrelets, which are difficult to locate.
Current and historic marbled murrelet habitat loss is generally
attributed to timber harvest and land conversion practices, although
natural disturbances such as forest fires have caused losses as well.
Reduction of the remaining older forest has not been evenly distributed
over western Washington, Oregon, and California. Harvest has been
concentrated at the lower elevations and in the Coast Ranges (Thomas et
al. 1990), generally equating with the range of the marbled murrelet.
Habitat for marbled murrelets has been declining since the arrival
of European settlers. Information specific to the range of the marbled
murrelet is not available; however, historic forest condition has been
estimated for western Oregon and Washington by several authors. Because
marbled murrelet habitat represents a significant portion of area
included in these estimates, trends in habitat are assumed to follow
the same general pattern. Although the extent of mature and old-growth
forest before the 1800s is difficult to quantify, western Oregon and
Washington are estimated to have been covered by approximately 9.7 to
11.3 million hectares (24 to 28 million acres) of forest at the time of
modern settlement (early to mid-1800s), of which about 70 percent (5.6
to 7.7 million hectares (14 to 19 million acres)) are estimated to have
been old-growth (Society of American Foresters Task Force 1983,
Morrison 1988, Norse 1988, Spies and Franklin 1988). Historical
estimates for northwestern California are not as precise but suggest
there were between 526,000 and 1.3 million hectares (1.3 and 3.2
million acres) of old-growth Douglas-fir/mixed conifer forest and
approximately 890,000 hectares (2.2 million acres) of old-growth
coastal redwood forest (Society of American Foresters Task Force 1983,
Laudenslayer 1985, California Department of Forestry and Fire
Protection 1988, Fox 1988, Morrison 1988). Currently, there are
approximately 1.4 million hectares (3.4 million acres) of old-growth
forest remaining in western Oregon and Washington, an 82 percent
reduction from estimated prelogging levels (Booth 1991).
Some of the old-growth areas that have been affected by past
natural perturbations such as forest fire and windthrow currently
provide suitable nesting habitat for marbled murrelets. Mature forests
that have naturally regenerated from such perturbations often retain
scattered old-growth trees and clumps, providing structure for nesting.
This is particularly true in coastal Oregon where there were extensive
fires historically. Marbled murrelet nests have been found in remnant
old-growth trees in mature forests in Oregon; no occupied sites have
been located in young stands, clearcuts, or young forests that lack at
least some remnant old-growth trees (Nelson pers. comm. 1992).
Forests generally require 200 to 250 years to develop old-growth
characteristics that supply adequate structure for nesting marbled
murrelets. This time period may be shorter in redwood forests and in
areas where significant remnants of the previous stand remain.
Intensively managed forests in Washington, Oregon, and California have
been subjected to average cutting rotations of 70 to 120 years (USDI
1984, USDA 1988). Cutting rotations of 40 to 50 years are common for
some private lands. Timber harvest strategies on Federal lands and some
private lands have emphasized dispersed clearcut patches and even-aged
management. Thus, forest lands that are intensively managed for timber
production are generally not allowed to develop the old-growth
characteristics that are required for marbled murrelet nesting.
Suitable nesting habitat that remains under these harvest patterns is
highly fragmented.
Previous Management Efforts
Since the listing of the marbled murrelet in Washington, Oregon,
and California as threatened, several different approaches to
management of the species or its habitat have been developed through
various Federal efforts.
In May 1991, the U.S. House of Representatives' Agriculture and
Merchant Marine and Fisheries Committees commissioned the Scientific
Panel on Late-Successional Forest Ecosystems (Scientific Panel) to
provide an array of alternatives for the management of late-
successional forests on Federal lands within the range of the northern
spotted owl (Strix occidentalis caurina). Information on the known
inland locations of marbled murrelets and marbled murrelet habitat was
included in the base information used by the Scientific Panel and was
specifically considered in developing the alternatives. These reserve
systems are often referred to as Late-Successional/Old-Growth areas
(LSOGs). The Scientific Panel conducted risk assessments for marbled
murrelets under each alternative (Johnson et al. 1991).
In 1993, the Forest Service released its Scientific Analysis Team
Report (Thomas et al. 1993). In this report, the Forest Service
proposed several interim measures designed to preserve options for
management of marbled murrelets and their habitat until the Marbled
Murrelet Recovery Plan could be completed and implemented. These
measures include: (1) The protection of all marbled murrelet nesting
habitat within 35 miles of the marine environment in California and
Oregon south of State Highway 42, and within 50 miles of the marine
environment in the remainder of Oregon and in Washington; and, (2) the
protection of amounts of ``recruitment'' habitat (young stands likely
to develop into suitable habitat) equivalent to 50 percent of the total
amount of existing suitable habitat in the above mentioned zones. Also,
seasonal restrictions on operations in and near suitable habitat were
identified to avoid disturbing nesting marbled murrelets.
In July 1993, the Fish and Wildlife Service, Forest Service, Bureau
of Land Management, National Park Service, National Marine Fisheries
Service, and Environmental Protection Agency released the Report of the
Forest Ecosystem Management Assessment Team (FEMAT Report) (USDA et al.
1993a). From this report, the President identified Option 9 as the
Proposed Northwest Forest Plan, described in the Draft Supplemental
Environmental Impact Statement on Management of Habitat for Late-
Successional and Old-Growth Forest Related Species Within the Range of
the Northern Spotted Owl (DSEIS) as Alternative 9 (Alternative 9) (USDA
et al. 1993b). Within the range of the marbled murrelet, Alternative 9
would designate a system of Late-Successional Reserves, which provides
large areas expected to eventually develop into contiguous,
unfragmented forest. This reserve system was constructed in part around
the LSOGs designated by the Scientific Panel. In addition, specific
measures were included to protect all forest sites occupied by marbled
murrelets outside the reserve system. These measures include surveys
prior to activities that affect habitat and protection of contiguous
marbled murrelet nesting and recruitment habitat (stands capable of
becoming suitable within 25 years) within 0.5 mile of areas occupied by
murrelets.
The Service recognizes the value of the Proposed Northwest Forest
Plan (USDA et al. 1993a) and acknowledges that it can play an integral
role in marbled murrelet conservation. The Plan complements this
critical habitat proposal by stressing the need for protection of
large, unfragmented areas of suitable nesting habitat that are well-
distributed throughout the species' range, with special emphasis on
areas close to the marine environment.
Critical Habitat
Definition of Critical Habitat
Critical habitat is defined in section 3(5)(A) of the Act as: ``(i)
the specific areas within the geographical area occupied by the species
* * * on which are found those physical or biological features (I)
essential to the conservation of the species and (II) which may require
special management considerations or protection; and (ii) 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.'' The term
``conservation,'' as defined in section 3(3) of the Act, means ``* * *
to use and the use of all methods and procedures which are necessary to
bring any endangered species or threatened species to the point at
which the measures provided pursuant to this Act are no longer
necessary * * *.''
Role in Species Conservation
The use of the term ``conservation'' in the definition of critical
habitat indicates that its designation should identify lands that may
be needed for a species' eventual recovery and delisting. However, when
critical habitat is designated at the time a species is listed or
before a recovery plan is completed, the Service frequently does not
know all the habitat areas that may be essential for a species'
recovery. In this regard, critical habitat serves to preserve options
for a species' eventual recovery.
The designation of critical habitat is one of several measures
available to contribute to the conservation of a listed species.
Critical habitat helps focus conservation activities by identifying
areas that contain essential habitat features (primary constituent
elements), regardless of whether or not they are currently occupied by
the listed species, thus alerting the public to the importance of an
area in the species' conservation. Critical habitat also identifies
areas that may require special management or protection. The added
emphasis on these areas for conservation of the species may shorten the
time needed to achieve recovery.
Critical habitat receives consideration under section 7 of the Act
with regard to actions carried out, authorized, or funded by a Federal
agency. Federal agencies must ensure that their actions do not result
in destruction or adverse modification of critical habitat. Aside from
this added consideration under section 7, the Act does not provide any
additional protection to lands designated as critical habitat.
Designating critical habitat does not create a management plan for the
areas, establish numerical population goals or prescribe specific
management actions (inside or outside of critical habitat), or have a
direct effect on areas not designated as critical habitat. Specific
management recommendations for critical habitat are addressed in
recovery plans, management plans, and in section 7 consultations.
Primary Constituent Elements
A designation of critical habitat begins by identifying areas on
which are found the physical and biological features essential to
conservation of a species. In determining which areas to designate as
critical habitat, the Service considers those physical and biological
features that are essential to a species' conservation and that may
require special management considerations or protection. Such physical
and biological features, as stated in 50 CFR 424.12, include, but are
not limited to, the following:
(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, rearing of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historic geographical and ecological
distributions of a species.
The Service is required to base critical habitat designations upon
the best scientific data available (50 CFR 424.12). In proposing to
designate critical habitat for the marbled murrelet in Washington,
Oregon, and California, the Service has reviewed its overall approach
to the conservation of the species. For a thorough discussion of the
ecology and life history of the marbled murrelet, see the Service's
Biological Report (Marshall 1988), the final rule listing the
Washington, Oregon, and California population (57 FR 45328) of this
subspecies, and the Ecological Considerations section of this rule.
Within habitat areas essential for marbled murrelet nesting, the
Service has focused on the following primary constituent elements: (1)
Individual trees with potential nesting platforms; (2) forest stands
surrounding potential nest trees, including contiguous forest with
similar average height and canopy closure; (3) forest stands with high
crown cover and sufficient height to contribute to a forest landscape
with decreased fragmentation; and (4) forest stands within the
potential flight distance of marbled murrelets from the marine
environment where the birds feed. These primary constituent elements
are essential to provide nesting habitat for the marbled murrelet.
Individual nest trees include large trees, generally over 81 cm (32
inches) dbh, with the presence of potential nest platforms or
deformities such as large limbs (greater than 13 cm (5 inches)), broken
tops, mistletoe infections, witches brooms, or other formations
providing a broad platform. Because marbled murrelets do not build
nests, moss or detritus to cushion or hold the egg may be important.
Platforms should have overhead cover for protection from predators and
weather, which may be provided by overhanging branches, limbs above the
nest area, or branches from neighboring trees. Based on current
information, Douglas-fir, coastal redwood, western hemlock, western
red-cedar, or Sitka spruce are the trees most likely to provide
suitable nesting structure.
Nesting habitat includes the forest stand in which the nest trees
are contained. Nest stands are defined as contiguous mature and old-
growth forest with no separations of greater than 100 meters (330 feet)
wide. Nest trees may be scattered throughout the stand or clumped
within portions of the contiguous stand. Nest stands in mature forest
may contain fewer than one old-growth tree per acre. Regardless of the
distribution of nest trees, nesting habitat includes the entire
contiguous forest stand with similar height and canopy closure. The
forest stand surrounding the nest tree provides protection from
predators and climatic factors.
On a landscape basis, the presence of late-successional, mature,
and old-growth forests with substantial canopy closure and canopy
height of at least one-half the site-potential tree height also
contribute to the conservation of the marbled murrelet, even if they do
not contain potential nest trees. The site-potential tree height is the
average maximum height possible for a tree given the local growing
conditions. The presence of these forest stands increases the area
predators must search, decreasing predator efficiency. Forests of the
general height of the nest stands and in close proximity to the stand
reduce edge-associated predation, effects of changes in microclimate
associated with abrupt edges, and potential for windthrow during
storms.
To be considered as nesting habitat, forest stands must occur at a
distance from the marine environment consistent with the flight and
energetic capabilities of the marbled murrelet. Based on confirmed
detections of marbled murrelets, this distance varies from 84
kilometers (52 miles) in Washington to less than 16 kilometers (10
miles) in parts of California. Flight distances may reflect the
energetic capabilities of marbled murrelets and the presence of
suitable nesting habitat.
The Service is not proposing to designate marine areas as critical
habitat for the marbled murrelet at this time, but will continue to
collect information on threats, the need for marine critical habitat,
and the potential benefits of designating marine critical habitat.
Criteria for Identifying Critical Habitat
Several qualitative criteria were considered in the selection of
specific areas as critical habitat. These criteria are generally
similar to criteria used in the development of several recent Federal
management proposals, such as the report prepared by the Scientific
Panel (Johnson et al. 1991) and Alternative 9 (USDA et al. 1993a). The
following is a description of the criteria considered:
Known Occupied Sites: Proposed critical habitat units include the
majority of the known sites occupied by marbled murrelets on Federal
lands. However, known occupied sites may represent only a small portion
of the population due to the limited coverage of past survey efforts.
Suitable Nesting Habitat: Proposed critical habitat units include
areas with current suitable nesting habitat and other primary
constituent elements. Approximately 48 percent of the suitable nesting
habitat on Federal lands within the range of the species in Washington,
Oregon, and California is included in proposed critical habitat.
Forests that are not currently suitable, but which are of similar
average height and canopy closure, are also important in improving
habitat conditions through reduced fragmentation and creation of large
contiguous forest stands that reduce the potential for predation. The
total amount of land containing the other primary constituent elements
is currently unknown.
Distance from Marine Environment: Marbled murrelets forage daily in
the marine environment during the nesting season. To allow for foraging
opportunities, nesting habitat must be within the flight capabilities
and energetic limits of the species. Proposed critical habitat units
were selected based on the distance inland of detections in each
general area. As stated above, detections range from over 50 miles from
the marine environment in Washington to less than 10 miles in some
portions of California.
Rangewide Distribution: To reduce the impact of catastrophic losses
of habitat or birds and maintain the current distribution of the
species, proposed critical habitat units were selected throughout the
range of the listed population, where Federal lands were available.
With well-distributed critical habitat, the probability of substantial
population declines resulting from catastrophic wildfires or storm
events is reduced. Maintaining nesting habitat, and therefore local
concentrations, throughout the range of the species will reduce
potential losses from oil spills or other marine events. Given the
intense site fidelity of most alcid species, maintaining rangewide
distribution may also provide potential source populations for the
recolonization of future habitat.
Large, Contiguous Blocks of Habitat: In response to the problems of
fragmentation of suitable habitat, potential increases in predation,
and reduced reproductive success, the Service concentrated on selecting
proposed critical habitat units in terms of large, contiguous blocks of
late-successional, mature, and old-growth forest. To provide large
blocks of habitat, the Service concentrated on the Late-Successional
Reserve system identified in Alternative 9. Marbled murrelet locations
and habitat were considered in the development of these reserves. Where
large blocks of Federal reserve areas were not available, but where
critical habitat was determined to be important for distribution,
smaller Federal reserves were included.
Adequacy of Existing Protection and Management: The Service
considered the existing legal status of lands in the decision to
propose specific areas as critical habitat. Areas with permanent legal
protection, such as congressionally-designated wilderness areas,
national parks, and national wildlife refuges, are not proposed.
Results of Applying Criteria
Application of the selection criteria resulted in the proposed
designation of many of the Late-Successional Reserves, as described in
Alternative 9, on Federal lands within the range of the marbled
murrelet in Washington, Oregon, and California.
At this time, only Federal lands are proposed for designation.
However, the Forest Ecosystem Management Assessment Team recognized the
limited ability of Federal agencies to recover this species on Federal
lands. ``Although the Forest Ecosystem Management Assessment was
designed to address only Federal lands within the range of the northern
spotted owl, the marbled murrelet is an example of a species whose life
history requirements cannot be accommodated only on Federal lands. The
marbled murrelet is a seabird that nests inland and therefore is
influenced by both the marine and terrestrial environments. Its nesting
range in the three-state area includes land that is south of the range
of the northern spotted owl. In addition, several areas that are
considered key to the recovery of the marbled murrelet involve private
and State lands'' (FEMAT Report at IV-151 and IV-152, USDA et al.
1993a). For example, the southernmost portion of the range of the
marbled murrelet in California, southwest Washington, and northwest
Oregon contain little or no Federal lands or habitat capable of
supporting marbled murrelets. The Service currently lacks sufficient
information to fully identify any specific non-Federal lands essential
to the conservation of the species in these and other areas. The
Service will continue to gather information on non-Federal land
contributions to conservation and through this notice is requesting
comments on this subject.
Lands Not Proposed
Not all suitable nesting habitat is included within the proposed
critical habitat units. Emphasis has been placed on those areas
considered most essential to the species in terms of habitat,
distribution, and ownership. That does not mean that lands outside
critical habitat are not important to the marbled murrelet. Some
Federal lands outside of critical habitat are expected to receive
additional protection from the conservation measures proposed in
Alternative 9. Some habitat on non-Federal lands receives protection
through prohibitions against take of marbled murrelets.
Congressionally-protected Areas
Because they are generally managed as natural ecosystems,
congressionally-designated wilderness areas and national parks are
expected to protect marbled murrelet habitat from alteration. These
areas are not proposed for designation as critical habitat because the
management goals are generally adequate to conserve the species.
However, not all congressional designations are managed in this manner.
For example, national recreation areas may not be managed to maintain
older forest habitats. In addition, some national parks and wilderness
areas are experiencing internal and external threats (e.g., highway
realignments) to marbled murrelet habitat. The Service is continuing to
gather information on management goals and potential threats to these
types of areas.
Congressionally-protected areas (e.g., wilderness areas and
national parks) are rare within the range of the marbled murrelet in
Washington, Oregon, and California. Few wilderness areas lie within the
flight distance of marbled murrelets from the marine environment,
though some of these areas provide crucial contributions to the
conservation of the species. A substantial portion of these areas are
incapable of producing marbled murrelet nesting habitat because of
forest composition, lack of forest cover, elevation, and other
constraints. Therefore, by themselves, congressionally-protected areas
are incapable of supporting stable and interactive populations of
marbled murrelets.
Wilderness areas and national parks contain approximately 302,000
hectares (747,000 acres) of marbled murrelet nesting habitat,
representing 29 percent of the suitable nesting habitat on Federal
lands within the range of the marbled murrelet. They contain 46 (8
percent) of the known occupied sites on Federal lands.
Effects of Proposed Designation
This proposal for designation of critical habitat for the marbled
murrelet identifies 62 proposed critical habitat units encompassing
approximately 1,217,000 hectares (3,005,000 acres) of Federal land
based on information available in the Interagency Geographical
Information System (GIS) and FEMAT Report (USDA et al. 1993a). The
Service has identified 28 proposed critical habitat units totaling
471,000 hectares (1,162,000 acres) of Federal land in Washington, 20
proposed critical habitat units totaling 560,000 hectares (1,382,000
acres) of Federal land in Oregon, and 14 proposed critical habitat
units totaling 186,000 hectares (460,000 acres) of Federal land in
California. State, private, tribal, and other non-Federal lands are not
proposed as critical habitat at this time even if they are physically
located within the boundaries of a proposed critical habitat unit, and
acreage of non-Federal lands is not included in the above figures.
Some small areas of naturally-occurring or human-created non-
suitable habitat (i.e., areas that have never been nor will likely ever
be marbled murrelet nesting habitat, such as alpine areas, water
bodies, serpentine meadows, airports, roads, buildings, and parking
lots) are located within the physical boundaries of proposed critical
habitat units. Where possible, these areas were not included within the
proposed critical habitat boundaries, and acreage totals were adjusted
to reflect the exclusion of this non-suitable habitat. However, many of
these areas are small and could not be physically identified on the GIS
maps. Also, current mapping information does not allow precise
identification of the location of primary constituent elements. The
Service is continuing to gather information to refine the boundaries of
critical habitat units to eliminate areas that do not contain one or
more of the primary constituent elements or will remain non-suitable.
Efforts by Federal agencies to survey for marbled murrelets have
been concentrated in areas of proposed timber sales or limited research
locations. Only a small fraction of the suitable nesting habitat has
been surveyed to date, and surveys have not been uniformly spread
across the range of the species. Therefore, known occupied sites
provide only a partial indication of the actual areas used by the
species. The proposed critical habitat includes 449 (78 percent) of the
574 known occupied sites on Federal lands. Congressionally-protected
areas include 48 additional occupied sites. Congressionally-protected
areas were not included in critical habitat because management is
expected to be consistent with the conservation of the marbled
murrelet.
The Service does not have specific information on the amount of
suitable nesting habitat or habitat containing one or more of the
primary constituent elements on non-Federal lands within the species'
range, though it is aware through the Forest Ecosystem Management
Assessment Team databases of approximately 189 known occupied sites on
non-Federal lands. The Service continues to seek information and
comments on the location of suitable nesting habitat and occupied sites
on non-Federal lands.
Designation of critical habitat would not offer specific direction
for managing marbled murrelet nesting habitat nor provide a management
or conservation plan for the species. Recovery plans typically provide
guidance for conservation, which may include population goals and the
identification of areas that may need protection or special management.
Recovery plans usually include management recommendations for
designated critical habitat. In February 1993, the Service appointed a
recovery team to develop a recovery plan for the marbled murrelet. The
team plans to have a draft recovery plan available in the spring of
1994. The Service will continue to work closely with the recovery team
and will reexamine proposed critical habitat in light of recovery team
recommendations.
Section 7--Consultation
Section 7(a)(2) of the Act requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to destroy
or adversely modify designated critical habitat. This Federal
responsibility accompanies, and is in addition to, the requirement in
section 7(a)(2) of the Act that Federal agencies ensure that their
actions are not likely to jeopardize the continued existence of any
listed species. A Federal agency must consult with the Service if its
proposed action may affect a listed species or critical habitat.
Regulations implementing this interagency cooperation provision of the
Act are codified at 50 CFR part 402.
Destruction or adverse modification of critical habitat is defined
at 50 CFR 402.02 as ``* * * a direct or indirect alteration that
appreciably diminishes the value of critical habitat for both the
survival and recovery of a listed species. Such alterations include,
but are not limited to, alterations adversely modifying any of those
physical or biological features that were the basis for determining the
habitat to be critical.'' The jeopardy concept is defined at 50 CFR
402.02 as any action that would be expected to reduce appreciably the
likelihood of both the survival and recovery of a species.
Survival and recovery, mentioned in both the definition of adverse
modification and jeopardy, are directly related. Survival may be viewed
as a linear continuum between recovery and extinction of the species.
The closer one is to recovery, the greater the certainty in the
species' continued survival. The terms survival and recovery are thus
related by the degree of certainty that the species will persist over a
given period of time. Factors that influence a species' persistence
include population numbers, distribution throughout its range,
stochasticity, expected duration, and reproductive success.
The Act's definition of critical habitat indicates that the purpose
of critical habitat is to contribute to a species' conservation.
Section 7 prohibitions against the destruction or adverse modification
of critical habitat apply to actions that would impair survival and
recovery of the listed species, thus providing a regulatory means of
ensuring that Federal actions within critical habitat are considered in
relation to the goals and recommendations of a recovery plan. As a
result of the link between critical habitat and recovery in the Act's
definition of critical habitat, the prohibition against destruction or
adverse modification of critical habitat should provide for the
protection of the critical habitat's ability to contribute to the
recovery of the species. Thus, the adverse modification standard may be
reached closer to the recovery end of the survival continuum, whereas,
the jeopardy standard has been applied nearer to the extinction end of
the continuum.
After a proposal of critical habitat, section 7(a)(4) of the Act
and implementing regulations (50 CFR 402.10) require Federal agencies
to confer with the Service on any action that is likely to result in
the destruction or adverse modification of the proposed critical
habitat. Conference reports provide advisory conservation
recommendations to assist a Federal agency in identifying and resolving
conflicts that may be caused by the proposed action.
If an agency requests, and the Service concurs, a formal conference
report may be issued. A formal conference report on proposed critical
habitat contains an opinion that is prepared in accordance with 50 CFR
402.14 as if the critical habitat were designated, not proposed. Such a
formal conference report may be adopted as the biological opinion
pursuant to 50 CFR 402.10(d) when the critical habitat is designated,
if no significant new information has been brought forward and no
changes in the action occur that would alter the content of the
opinion.
Examples of Proposed Actions
Section 4(b)(8) of the Act requires, for any proposed or final
regulation that designates critical habitat, a brief description and
evaluation of those activities (public or private) that may adversely
modify such habitat or may be affected by such designation. As stated
earlier, regulations found at 50 CFR 402.02 define destruction or
adverse modification of critical habitat as a direct or indirect
alteration that appreciably diminishes the value of critical habitat
for both the survival and recovery of a listed species. Such
alterations include, but are not limited to, alterations adversely
modifying any of those physical or biological features that were the
basis for determining the habitat to be critical.
A wide variety of existing and proposed activities may alter or
affect proposed marbled murrelet critical habitat. Examples of such
activities include, but are not limited to timber harvest, forest
management, salvage activities, limbing or modification of limb
structure (e.g., for hazard management), mining and mineral
exploration, construction of hydroelectric facilities, road
construction and refurbishing, and development. Activities that do not
alter forest condition, such as some recreational use and personal-use
commodity production (e.g., noncommercial mushroom picking, Christmas
tree cutting, rock collection) are unlikely to be affected by the
proposed designation.
Activities conducted according to the standards and guidelines for
Late-Successional Reserves, as described in Alternative 9 of the DSEIS
for the Proposed Northwest Forest Plan would, in most cases, be
unlikely to result in the destruction or adverse modification of
proposed marbled murrelet critical habitat. Activities in these areas
would be limited to manipulation of young forest stands that are not
currently marbled murrelet nesting habitat. Also, these manipulations
would be conducted in a manner that would not slow the development of
these areas into future nesting habitat and should speed the
development of some characteristics of older forest.
Economic and Other Impacts
The Act requires the Service to designate critical habitat on the
basis of the best scientific data available and to consider the
economic and other relevant impacts of specifying any particular area
as critical habitat. The Secretary may exclude any 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 and commercial data
available, that the failure to designate such area as critical habitat
will result in the extinction of the species concerned. The Act thus
requires the Service to evaluate the economic and other effects likely
to result from a designation of critical habitat. Effects attributable
to the listing of the species, normal changes in affected industries,
or changes in Federal land management that are not caused by the
designation are not regarded as effects of the designation of critical
habitat. However, due to the complex interplay of economic and other
forces, separating impacts associated solely with the designation of
critical habitat from other impacts is often difficult.
The proposed critical habitat units for the marbled murrelet
coincide with the location of many of the Late-Successional Reserves as
described in Option 9 of the FEMAT Report (USDA et al. 1993a) and
Alternative 9 (USDA et al. 1993b). Alternative 9 is identified as the
preferred alternative in the DSEIS for the Proposed Northwest Forest
Plan. Based on the description of standards for management of and
limitations on impacts to marbled murrelet habitat within the Late-
Successional Reserves, management of the Reserves under Alternative 9
would be consistent with designating them as critical habitat for the
marbled murrelet. Therefore, the economic effects of the designation of
Late-Successional Reserves as critical habitat are not likely to exceed
those described in the economic analysis of the FEMAT Report (Johnson
et al. 1993, USDA et al. 1993a).
The Service has preliminarily reviewed the possible economic
impacts of designating critical habitat for the marbled murrelet on
ongoing timber activities. Both the Forest Service and the Bureau of
Land Management are currently under court injunctions prohibiting the
offering of any new sales until the agencies comply with the National
Environmental Policy Act and various forest management legislation. The
Proposed Northwest Forest Plan will be presented to the court by April
1994 in an attempt to resolve the court's concerns. Pending that court
decision, the only timber available to the timber industry from Federal
lands are sold and awarded sales, particularly sales offered under the
protection of Section 318. Therefore, the Service proposes to exclude
sold and awarded sales from any final critical habitat designation due
to economic impacts, both regionally and nationally, due to the limited
amount of volume available for Federal harvest. Comments are requested
from the public on this aspect of the proposed rule.
The time constraints governing this proposed critical habitat
designation did not allow for a more detailed evaluation on the
particular areas proposed. Following receipt of comments and
information during the public comment period, the Service will conduct
additional economic analyses if needed. The Service will further
evaluate the economic and other relevant impacts of including or
excluding particular areas from a designation of marbled murrelet
critical habitat.
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned government
agencies, Indian Nations, the scientific community, industry, or any
other interested party concerning this proposed rule is hereby
solicited. Comments are particularly sought concerning:
(1) The reasons why any Federal lands (either proposed critical
habitat or additional areas) should or should not be determined to be
critical habitat as provided by section 4 of the Act, including
adaptive management areas under Alternative 9 of the Proposed Northwest
Forest Plan;
(2) The location and reasons why any non-Federal lands should or
should not be determined to be critical habitat as provided by section
4 of the Act, including potential threats and the value of any areas to
the conservation of the species;
(3) The reasons why any marine areas should or should not be
determined to be critical habitat as provided by section 4 of the Act,
including information on potential threats, current activities, the
effect of current regulatory mechanisms, and benefits to the species;
(4) Current and planned activities in proposed critical habitat
areas and their possible impacts on proposed critical habitat;
(5) Any threats to the conservation of the marbled murrelet or the
maintenance of marbled murrelet nesting habitat on congressionally-
protected lands within the range of the marbled murrelet;
(6) Current and planned activities within congressionally-protected
areas that might affect, positively or negatively, the conservation of
the marbled murrelet, including any management plans or statutory
mandates;
(7) Other physical and biological features that are essential to
the conservation of the species and in need of special management or
protection;
(8) Specific information on the amount, location, and distribution
of suitable marbled murrelet nesting habitat and the numbers and
distribution of sites occupied by marbled murrelets on all ownerships
and land designations;
(9) Information concerning health of the ecosystems on which the
marbled murrelet depends;
(10) Information on the economic benefits and costs that would
result from the proposed designation of critical habitat for the
marbled murrelet, including the segments of the economy that would be
affected by the proposed designation;
(11) Data and information relevant to determining whether the
benefits of excluding a particular area from critical habitat outweigh
the benefits of specifying the area as critical habitat;
(12) Methods of analysis useful in evaluating economic and other
relevant impacts; and
(13) Additional information that should be included in the analysis
of economic and other impacts of the proposed designation.
National Environmental Policy Act
The Service has determined that an Environmental Assessment, as
defined under the authority of the National Environmental Policy Act of
1969, need not be prepared in conjunction with regulations adopted
pursuant to section 4(a) of the Act. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
Regulatory Flexibility Act and Executive Order 12866
This proposed rule has been reviewed under Executive Order 12866.
The Department of the Interior has determined that the proposed rule
will not have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Based on the information discussed in this rule concerning
public projects and private activities within proposed critical habitat
units, it is not clear at this time whether significant economic
impacts will result from critical habitat designation. Also, no direct
costs, enforcement costs, information collection, or recordkeeping
requirements are imposed on small entities by this designation.
Further, the rule contains no recordkeeping requirements as defined by
the Paperwork Reduction Act of 1980.
Takings Implications Assessment
The Service has analyzed the potential takings implications of
designating critical habitat for the marbled murrelet in a Takings
Implications Assessment prepared pursuant to requirements of Executive
Order 12630, ``Governmental Actions and Interference with
Constitutionally Protected Property Rights.'' The Takings Implications
Assessment concludes that critical habitat designation, as proposed,
would not pose significant takings implications.
References Cited
A complete list of all references cited herein is available upon
request from the Field Supervisor, Portland Field Office, 2600 SE 98th
Avenue, suite 100, Portland, Oregon 97266, (503) 231-6179.
Authors
The primary authors of this proposed rule are Robin Bown, U.S. Fish
and Wildlife Service, Portland Field Office, 2600 SE 98th Avenue, Suite
100, Portland, Oregon 97266; Kimberly Flotlin, U.S. Fish and Wildlife
Service, Olympia Field Office, 3704 Griffin Lane SE, suite 102,
Olympia, Washington 98501; and Mike Horton, U.S. Fish and Wildlife
Service, Sacramento Field Office, 2800 Cottage Way, room E-1803,
Sacramento, California 95825.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting, and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
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.
Sec. 17.11(h) [Amended]
2. Section 17.11(h) is amended by revising the ``Critical habitat''
entry for ``Murrelet, marbled'' under BIRDS to read ``17.95(b)''.
3. Section 17.95(b) is amended by adding critical habitat for the
marbled murrelet in the same alphabetical order as the species occurs
in Sec. 17.11(h).
Sec. 17.95 Critical habitat--fish and wildlife
* * * * *
(b) * * *
MARBLED MURRELET (Brachyramphus marmoratus marmoratus)
For the States of California, Oregon, and Washington, proposed
critical habitat units under Federal jurisdiction are depicted on the
general configuration maps below. More detailed maps are maintained on
file at the U.S. Fish and Wildlife Service, Ecological Services, 911
Northeast 11th Avenue, Portland, Oregon, 97323 (503/231-6131). Copies
of the detailed maps are available upon request at the requester's
expense.
Dated: January 14, 1994
BILLING CODE 4310-55-P
TP27JA94.000
TP27JA94.001
TP27JA94.002
BILLING CODE 4310-55-C
Richard N. Smith,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-1704 Filed 01-26-94; 8:45 am]
BILLING CODE 4310-55-P