[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Notices]
[Pages 19569-19571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9671]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Wildlife and Plants; 5-Year Review of 
the Marbled Murrelet and the Northern Spotted Owl

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of review.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 5-year 
review of the marbled murrelet (Brachyramphus marmoratus marmoratus) 
and the northern spotted owl (Strix occidentalis caurina) under section 
4(c)(2)(A) of the Endangered Species Act of 1973, as amended (Act). The 
purpose of the review is to ensure that the classification of species' 
as threatened or endangered on the List of Endangered and Threatened 
Wildlife and Plants (List) are accurate.
    The 5-year review is an assessment of the best scientific and 
commercial data available at the time of the review. Therefore, we are 
requesting submission of any new information (best scientific and 
commercial data) on the marbled murrelet and the northern spotted owl 
since their original listings in 1992 and 1990, respectively. If the 
present classification of these species is not consistent with the best 
scientific and commercial information available, we may, at the 
conclusion of this review, initiate a separate action to propose 
changes to the List accordingly.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than June 20, 2003. However, we will 
continue to accept new information about any listed species at any 
time.

ADDRESSES: Submit information to the Field Office Supervisor, Attention 
Owl and Murrelet 5-year Review, Oregon Fish and Wildlife Office, 2600 
SE. 98th Avenue, Suite 100, Portland, Oregon 97266. Information 
received in response to this notice and review results will be 
available for public inspection by appointment, during normal business 
hours, at the above address. New information regarding the northern 
spotted owl may be sent electronically to [email protected]. 
New information regarding the marbled murrelet may be sent 
electronically to [email protected].

FOR FURTHER INFORMATION CONTACT: For the marbled murrelet, contact Lee 
Folliard at the above address, or at 503/231-6179. For the northern 
spotted owl, contact Robin Bown at the above address, or at 503/231-
6179.

SUPPLEMENTARY INFORMATION:

Why Is a 5-year Review Conducted?

    Section 4(c)(2)(A) of the Act requires that we conduct a review of 
listed species at least once every 5 years. We are then, under section 
4(c)(2)(B) and the provisions of subsection (a) and (b), to determine, 
on the basis of such a review, whether or not any species should be 
removed from the List (delisted), or reclassified from endangered to 
threatened, or threatened to endangered. Our regulations at 50 CFR 
424.21 require that we publish a notice in the Federal Register 
announcing those species currently under active review. This notice 
announces our active review of the marbled murrelet and northern 
spotted owl.
    The 5-year review considers all new information available at the 
time of the review. This review will consider the best scientific and 
commercial data that has become available since the current listing 
determination or most recent status review, such as:
    A. Species biology including, but not limited to, population 
trends, distribution, abundance, and demographics, and genetics;
    B. Habitat conditions including, but not limited to, amount, 
distribution, and suitability;
    C. Conservation measures that have been implemented that benefit 
the species;
    D. Threat status and trends (see five factors under heading ``How 
do we determine whether a species is endangered or threatened?'');
    E. Other new information, data, or corrections including, but not 
limited to, taxonomic or nomenclatural changes, identification of 
erroneous information contained in the List, and improved analytical 
methods.

[[Page 19570]]

Why Is the Review Being Conducted for the Owl and Murrelet at This 
Time?

    Conducting a 5-year review for these two species at this time was 
agreed to in connection with proposed settlement of two lawsuits, 
Western Council of Industrial Workers v. Secretary of the Interior, 
Civil No. 02-6100--AA (D. Or.) and American Forest Resource Council v. 
Secretary of the Interior, Civil No. 02-6087-AA (D. Or.). These 
settlement agreements are currently pending consideration by the 
District Court in Oregon. The 5-year review will consider each species' 
population status, and the threats to each species. The review will 
consider information that has become available since the original 
listing determination, such as: population and demographic trend data; 
studies of dispersal and habitat use; genetics and species competition 
investigations; surveys of habitat amount, quality, and distribution; 
adequacy of existing regulatory mechanisms; and management and 
conservation planning information. The 5-year review will assess: (a) 
Whether new information suggests that the species' population is 
increasing, declining, or stable; (b) whether existing threats are 
increasing, the same, reduced, or eliminated; (c) if there are any new 
threats; and (d) if new information or analysis calls into question any 
of the conclusions in the original listing determination as to the 
species' status. The review will also apply this new information to 
consideration of the appropriate application of the Policy Regarding 
the Recognition of Distinct Vertebrate Population Segments (61 FR 4722) 
to the listed entity, if applicable.

How Are the Marbled Murrelet and the Northern Spotted Owl Currently 
Listed?

    The List is found in 50 CFR 17.11 (wildlife) and 17.12 (plants). 
However, amendments to the List through final rules are published in 
the Federal Register. The List is also available on our Internet site 
at http://endangered.fws.gov/wildlife.html#Species. In Table 1 below, 
we provide a summary of the listing information for the marbled 
murrelet and the northern spotted owl.

       Table 1.--Summary of the Listing Information for the Marbled Murrelet and the Northern Spotted Owl
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           Common name              Scientific name         Status           Where listed     Final listing rule
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Murrelet, marbled...............  Brachyramphus       Threatened........  U.S.A. (CA, OR,     57 FR 45328 (01-
                                   marmoratus                              WA).                Oct-92).
                                   marmoratus.
Owl, northern spotted...........  Strix occidentalis  Threatened........  All populations     55 FR 26114 (26-
                                   caurina.                                throughout range.   Jun-90).
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Definitions Related to This Notice

    The following definitions are provided to assist those persons who 
contemplate submitting information regarding the species being 
reviewed:
    A. Species includes any species or subspecies of fish, wildlife, or 
plant, and any distinct population segment of any species of 
vertebrate, which interbreeds when mature.
    B. Distinct Population Segment is defined in our February 7, 1996, 
Policy Regarding the Recognition of Distinct Vertebrate Population 
Segments (61 FR 4722). For a population to be listed under the Act as a 
distinct vertebrate population segment, three elements are considered: 
(1) The discreteness of the population segment in relation to the 
remainder of the species to which it belongs; (2) the significance of 
the population segment to the species to which it belongs; and (3) the 
population segment's conservation status in relation to the Act's 
standards for listing (i.e., is the population segment endangered or 
threatened?). Distinct population segments of vertebrate species, as 
well as subspecies of all listed species, may be proposed for separate 
reclassification or for removal from the list. Any distinct population 
segment of a vertebrate taxon that was listed prior to the 
implementation of this policy will be reevaluated on a case-by-case 
basis as recommendations are made to change the listing status for that 
distinct population segment. The appropriate application of the policy 
will also be considered in the 5-year reviews of the status of listed 
species required by section 4(c)(2) of the Act.
    C. Endangered means any species that is in danger of extinction 
throughout all or a significant portion of its range.
    D. Threatened means any species that is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.

How Do We Determine Whether a Species Is Endangered or Threatened?

    Section 4(a)(1) of the Act establishes that we determine whether a 
species is endangered or threatened based on one or more of the 
following five factors:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes;
    C. Disease or predation;
    D. The inadequacy of existing regulatory mechanisms; or
    E. Other natural or manmade factors affecting its continued 
existence. In summary, our determination required under section 4(b)(1) 
of the Act shall be made on the basis of the best scientific and 
commercial data available.

What Could Happen As a Result of This Review?

    If we find that there is new information concerning the marbled 
murrelet or northern spotted owl indicating a change in classification 
is warranted, we may propose new rules that could do one of the 
following: (a) Reclassify the species from threatened to endangered; or 
(b) remove the species from the List.
    Any Distinct Population Segment (DPS) of a vertebrate taxon that 
was listed prior to implementation of the DPS policy will be 
reevaluated on a case-by-case basis as recommendations are made to 
change the listing status for that distinct population segment. The 
appropriate application of the DPS policy will also be considered in 
the 5-year reviews of the status of listed species required by section 
4(c)(2) of the Act.

What Will Happen if No New Information Is Submitted for the Species 
Under Review?

    No changes will be made to the classification of the marbled 
murrelet or northern spotted owl as a result of this review unless we 
find that there is new information indicating that such action is 
warranted. However, we are not limited to reviewing listed species only 
during a 5-year review. We may review a species at any time, and may 
initiate reclassification or delisting whenever the best available 
scientific and commercial information indicates that such action is 
warranted.

[[Page 19571]]

Public Solicitation of New Information:

    We request any new information concerning the status of the 
northern spotted owl and marbled murrelet. New information is 
considered to be scientific and commercial data that has become 
available since the time of the species current listing determination 
or most recent status review. In particular, we are seeking information 
such as:
    A. Species biology including, but not limited to, population 
trends, distribution, abundance, demographics, and genetics;
    B. Habitat conditions including, but not limited to, amount, 
distribution, and suitability;
    C. Conservation measures that have been implemented that benefit 
the species;
    D. Threat status and trends (see five factors under heading ``How 
do we determine whether a species is endangered or threatened?'');
    E. Other new information, data, or corrections including, but not 
limited to, taxonomic or nomenclatural changes, identification of 
erroneous information contained in the List, and improved analytical 
methods.
    Specifically for the owl and murrelet we are interested in new 
information, analyses, and/or reports for these species that summarize 
and interpret: demographic or population trends; genetics and 
competition; habitat amount, use, and distribution; and adequacy of 
existing regulatory mechanisms, management, and conservation planning. 
We request this information for all applicable land ownerships within 
the range of both species.
    Information submitted should be supported by documentation such as 
maps, bibliographic references, methods used to gather and analyze the 
data, and/or copies of any pertinent publications, reports, or letters 
by knowledgeable sources.

Authority

    This document is published under the authority of the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: April 2, 2003.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 03-9671 Filed 4-18-03; 8:45 am]
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