[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Rules and Regulations]
[Pages 41742-41743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16247]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2021-0012; FF09E21000 FXES11110900000 212]


Endangered and Threatened Wildlife and Plants; 12-Month 
Determination on a Petition To Revise Critical Habitat for the Mount 
Graham Red Squirrel

AGENCY: Fish and Wildlife Service, Interior.

ACTION: 12-Month determination.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month determination on a petition to revise critical habitat for the 
Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis) under 
the Endangered Species Act of 1973, as amended (Act). The petition 
requests that the Service expand the subspecies' critical habitat 
designation to include currently occupied mixed conifer habitat and all 
historically occupied habitat outside the current critical habitat 
designation. Our 12-month determination is that we intend to assess 
revisions to the subspecies' critical habitat after a species status 
assessment and revised recovery plan for the Mount Graham red squirrel 
are completed.

DATES: The determination announced in this document was made on August 
3, 2021.

ADDRESSES: This determination is available on the internet at http://www.regulations.gov at Docket No. FWS-R2-ES-2021-0012. Information and 
supporting documentation that we received and used in preparing this 
finding is available for public inspection pursuant to current COVID-19 
restrictions. You may contact the U.S. Fish and Wildlife Service, 
Arizona Ecological Services Field Office, Tucson Sub-Office, 201 N 
Bonita, Suite 141, Tucson, AZ 85745 for further information about these 
restrictions. Please submit any new information, materials, comments, 
or questions concerning this finding to the above mailing address.

FOR FURTHER INFORMATION CONTACT: U.S. Fish and Wildlife Service, 
Arizona Ecological Services Field Office, Attn: Jeff Humphrey, to the 
mailing address in ADDRESSES, telephone: 602-242-0210, or email: 
[email protected]. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(D)(ii) of the Act (16 U.S.C. 1531 et seq.) states 
that within 12 months after receiving a petition to revise a critical 
habitat designation that is found to present substantial information 
indicating that the requested revision may be warranted, the Secretary 
will determine how he or she intends to proceed with the requested 
revision, and will promptly publish notice of such intention in the 
Federal Register.

Previous Federal Actions

    On June 3, 1987, we published in the Federal Register (52 FR 20994) 
a final rule listing the Mount Graham red squirrel (red squirrel) as an 
endangered subspecies of the red squirrel, or pine squirrel (T. 
hudsonicus species account: Steele 1998, p. 1), pursuant to the Act. We 
concluded that the Mount Graham red squirrel was endangered because its 
range and habitat had been reduced and its habitat was at risk due to a 
number of factors, including the proposed construction of an 
astrophysical observatory, occurrences of forest fires, proposed 
construction and improvement of roads, and recreational development at 
high elevations. The rule concluded that red squirrels might also 
suffer due to resource competition with the introduced Abert's, or 
tassel-eared, squirrel (Sciurus aberti).
    On January 5, 1990, we published in the Federal Register (55 FR 
425) a final rule designating approximately 769 hectares (ha) (1,900 
acres (ac)) in three separate units as critical habitat for the Mount 
Graham red squirrel. Critical habitat encompasses the Mount Graham Red 
Squirrel Refugium, which resulted from a July 1988 biological opinion 
and subsequent Arizona-Idaho Conservation Act of 1988 (Pub. L. 100-696, 
November 18, 1988), on Hawk and Plain View peaks (about 688 ha (1,700 
ac)), as well as areas outside the Refugium on Heliograph and Webb 
Peaks (about 81 ha (200 ac)). The main attribute of critical habitat at 
that time was existing dense stands of mature (about 300 years old) 
spruce-fir forest, which has since been damaged by drought, insects, 
wildfire, and associated wildfire-suppression activities.
    On January 11, 2006, we initiated a 5-year review of the Mt. Graham 
red squirrel (71 FR 1765); that 5-year review was completed on January 
15, 2008. On May 27, 2011, we announced the availability of, and 
requested public comments on, a draft recovery plan, first revision, 
for the Mount Graham red squirrel (76 FR 30957).

Petition History

    On December 14, 2017, we received a petition from the Center for 
Biological Diversity, Maricopa Audubon Society, and the Mount Graham 
Coalition requesting that critical habitat for the Mount Graham red 
squirrel be revised under the Act, on an emergency basis. The petition 
requests that the Service expand the subspecies' critical habitat 
designation to include currently occupied mixed conifer habitat and all 
historically occupied habitat outside the current critical habitat 
designation. In general, the petitioners recommend expanding the 
current designation of critical habitat to include mixed conifer and 
spruce-fir forest above 7,500 feet (ft) (2,286 meters (m)), including 
specific areas currently occupied by the Mount Graham red squirrel at 
Grant Hill, Riggs Lake, Turkey Flat, and Columbine. The petition 
clearly identified itself as such and included the requisite 
identification information for the petitioners, required at 50 CFR 
424.14(c). Because the Act does not provide for petitions to revise 
critical habitat in an emergency, we considered it as a petition to 
revise critical habitat for the red squirrel.
    We published our 90-day finding on the petition to revise critical 
habitat for the Mount Graham red squirrel on September 6, 2019 (84 FR 
46927). We determined that the petition presented substantial 
scientific information indicating that revising critical habitat for 
the Mount Graham red squirrel under the Act may be warranted, thus 
initiating the review that led to this 12-month determination.
    This 12-month determination addresses the petition's request to 
revise the Mount Graham red squirrel's currently designated critical 
habitat.

Species Information

    Mount Graham red squirrels are found only in the high-elevation 
forests of the Pinale[ntilde]o Mountains in the Safford Ranger District 
of the Coronado National Forest in southeastern Arizona. The subspecies 
inhabits upper elevation, mature to old-growth associations in mixed 
conifer and spruce-fir forests above approximately 7,500 ft (2,286 m).
    Mount Graham red squirrels are highly territorial (C.C. Smith 1968, 
pp. 33-34) and create middens within their territory. The middens in 
each squirrel's territory consist of piles of cone scales in which 
squirrels cache live, unopened cones as a food source for over-
wintering and during times of cone

[[Page 41743]]

failure (M.C. Smith 1968, pp. 308-309; Finley 1969, all; Steele and 
Koprowski 2001, p. 67). Placement of these middens tends to be on 
gentler, non-southerly-facing slopes in healthier, older forested areas 
with higher canopy closure, basal area, and number of large live trees 
(Finley 1969, p. 237; Zugmeyer and Koprowski 2009, p. 179; Hatten 2014, 
p. 111). This type of placement allows specific moisture levels to be 
maintained within the midden, thereby creating prime storage conditions 
for cones and other food items, such as mushrooms, acorns, and bones 
(Finley 1969, p. 237; Brown 1984, pp. 66-67; USFWS 1993, pp. 5-7; 
Zugmeyer and Koprowski 2009, p. 179). They also seem to prefer areas 
with snags, piles and tangles of downed timber, and a higher volume of 
logs that provide cover and safe travel routes, especially in winter, 
when open travel across snow exposes them to increased predation, as 
the species does not hibernate. Wood et al. (2007, p. 2362) determined 
that midden site selection occurs not only at the microclimate level 
(where conditions are appropriate for cone storage), but also on a 
larger scale that encompasses other features found on the landscape, 
usually in areas with a high number of healthy trees and 
correspondingly high seedfall. There appears to be no differentiation 
in selection of midden sites based on sex (Alanen et al. 2009, pp. 204-
205).
    Within their territory, Mount Graham red squirrels build nests in 
hollow trees, in hollow snags, in hollow logs, outside trees in nests 
of grass or foliose lichens (called dreys or bolus nests), or in holes 
in the ground (C.C. Smith 1968, p. 58; Leonard and Koprowski 2009, p. 
132). Nests may be built in natural hollows or abandoned cavities made 
by other animals, such as woodpeckers, and enlarged by squirrels (USFWS 
1993, p. 11). Nest site selection by Mount graham red squirrels is 
strongly influenced by stand composition, particularly density of 
corkbark fir, mature (large) trees, and decaying logs (Merrick et al. 
2007, p. 1961). The availability of larger snags and cavity-containing 
trees, especially aspen, is of particular importance for this 
population, as they provide preferred nesting locations (Merrick et al. 
2007, p. 1961).

Critical Habitat

Current Critical Habitat Designation

    On January 5, 1990, we published a final rule (55 FR 425) 
designating critical habitat for the Mount Graham red squirrel as 
mature spruce-fir forest in:
    1. Hawk Peak-Mount Graham Area. The area above the 10,000-ft 
(3,048-m) contour surrounding Hawk Peak and Plain View Peak, plus the 
area above the 9,800-ft (2,987-m) contour that is south of lines 
extending from the highest point of Plain View Peak eastward at 90[deg] 
(from true north) and southwestward at 225[deg] (from true north).
    2. Heliograph Peak Area. The area on the north-facing slope of 
Heliograph Peak that is above the 9,200-ft (2,804-m) contour 
surrounding Heliograph Peak and that is between a line extending at 
15[deg] (from true north) from a point 160 ft (49 m) due south of the 
horizontal control station on Heliograph Peak and a line extending 
northwestward at 300[deg] (from true north) from that same point.
    3. Webb Peak Area. The area on the east facing slope of Webb Peak 
that is above the 9,700-ft (2,957-m) contour surrounding Webb Peak and 
that is east of a line extending due north and south through a point 
160 ft (49 m) due west of the horizontal control station on Webb Peak.

12-Month Determination

    Pursuant to the provisions of the Act regarding revision of 
critical habitat and petitions for revision, we now publish notice of 
how we intend to proceed with the requested revision. As described 
below under How the Service Intends to Proceed, we intend to assess 
potential revisions to the subspecies' critical habitat after a species 
status assessment (SSA) and a revision of the Mount Graham red 
squirrel's recovery plan are complete.

How the Service Intends To Proceed

    Section 4(b)(3)(D)(ii) of the Act states that if we find that a 
petition presents substantial information indicating that a revision to 
critical habitat may be warranted, then within 12 months of receiving 
the petition we are to indicate how we intend to proceed with the 
requested revision and promptly publish a notice of our intention in 
the Federal Register. We intend that any revisions to critical habitat 
for the Mount Graham red squirrel be as accurate and comprehensive as 
possible. Therefore, completing the SSA and a revised recovery plan 
will inform any future revisions to critical habitat for the red 
squirrel. Once the SSA and revised recovery plan are complete, a 
rulemaking process will be initiated if revisions to the subspecies' 
critical habitat are determined to be appropriate.
    The currently designated critical habitat, as well as areas that 
support the subspecies but are outside of the current critical habitat 
designation, will continue to be subject to conservation actions 
implemented under section 7(a)(1) of the Act. Actions affecting the 
Mount Graham red squirrel or its designated critical habitat are 
subject to the regulatory protections afforded by section 7(a)(2) of 
the Act, which requires Federal agencies, including the Service, to 
ensure that actions they fund, authorize, or carry out are not likely 
to jeopardize the continued existence of any listed species or result 
in the destruction or adverse modification of critical habitat.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at http://www.regulations.gov and upon request from the 
Arizona Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT).

Author

    The primary authors of this document are the staff members of the 
Arizona Ecological Services Field Office, U.S. Fish and Wildlife 
Service.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the 
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-16247 Filed 8-2-21; 8:45 am]
BILLING CODE 4333-15-P