[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59384-59386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21191]



[[Page 59384]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2020-0151; FF09E21000 FXES11110900000 223]
RIN 1018-BE33


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Coastal Distinct Population Segment of the 
Pacific Marten

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; revisions and reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
reopening the comment period on our October 25, 2021, proposed rule to 
designate critical habitat for the coastal distinct population segment 
of Pacific marten (coastal marten) (Martes caurina), a mammal species 
from coastal California and Oregon, under the Endangered Species Act of 
1973, as amended (Act). This action will allow all interested parties 
an additional opportunity to comment on the October 25, 2021, proposed 
rule, as well as the opportunity to comment on the additional areas we 
are considering for exclusion from critical habitat designation, 
potential changes to Unit 1, and on new habitat modeling efforts for 
the coastal marten, as explained in this document. Comments previously 
submitted need not be resubmitted as they are already incorporated into 
the public record and will be fully considered in the final rule.

DATES: The comment period on the proposed rule that published October 
25, 2021 (86 FR 58831) is reopened. We will accept comments received or 
postmarked on or before October 17, 2022.

ADDRESSES: Written comments: You may submit comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2020-0151, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate the document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R8-ES-2020-0151, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).
    Availability of supporting materials: This document and supporting 
materials (including the species status assessment report, comments and 
information received on the proposed rule, and references cited) are 
available at https://www.regulations.gov under Docket No. FWS-R8-ES-
2020-0151 and at the Arcata Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Tanya Sommer, Field Supervisor, Arcata 
Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; 
telephone 707-822-7201. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

SUPPLEMENTARY INFORMATION: 

Background

    On October 25, 2021, we published in the Federal Register (86 FR 
58831) a proposed rule to designate approximately 1,413,305 acres (ac) 
(571,965 hectares (ha)) of critical habitat in Oregon and California 
for the coastal marten. In the proposed designation, we identified 
76,544 ac (30,976 ha) of private land owned by Green Diamond Resource 
Company (Green Diamond) and 26,126 ac (10,573 ha) of Yurok Tribal land 
that we are considering for exclusion from the critical habitat 
designation under section 4(b)(2) of the Act.
    During the comment period on the October 25, 2021, proposed rule, 
we received information from the Yurok Tribe and Green Diamond that 
made us aware of changes in land ownership between the two entities 
based on recent land transfers. Below, we provide a summary of that 
information and discuss changes to the areas we are now considering for 
exclusion under section 4(b)(2) of the Act. We also provide information 
related to new species occurrence modeling and information on areas 
which may not contain the physical or biological features essential to 
the conservation of the coastal marten. We will be considering all this 
information during our designation process.
    Although the critical habitat designation for the coastal marten 
was proposed when the regulatory definition of habitat (85 FR 81411; 
December 16, 2020) and the 4(b)(2) exclusion regulations (85 FR 82376; 
December 18, 2020) were in place and in effect, those two regulations 
have been rescinded (87 FR 37757; June 24, 2022 and 87 FR 43433; July 
21, 2022) and no longer apply to any designations of critical habitat. 
Therefore, for the final rule designating critical habitat for the 
coastal marten, we will apply the regulations at 424.19 and the 2016 
Joint Policy on 4(b)(2) exclusions (81 FR 7226; February 11, 2016).

Changes to Areas Identified for Exclusion and Additional Information 
Received

Tribal Lands and Green Diamond Resource Company Lands; Unit 5 Klamath 
Mountains

    As identified above, our proposed critical habitat rule identified 
approximately 26,126 ac (10,573 ha) of Yurok Tribal lands and 76,544 ac 
(30,976 ha) of Green Diamond lands within the proposed designation of 
critical habitat for the coastal marten in Unit 5 in California. Based 
on additional information received from Green Diamond and the Yurok 
Tribe, we became aware of land ownership transfers between the two 
entities. As a result, approximately 27,564 ac (11,155 ha) of land 
identified for exclusion for Green Diamond have been transferred to the 
Yurok Tribe. We now identify approximately 48,980 ac (19,822 ha) of 
Green Diamond land for potential exclusion within the proposed 
designation. Based on the land transfers and additional exclusion 
requests, the Yurok Tribe has requested that approximately 93,898 ac 
(37,999 ha) of land be considered for exclusion based on Yurok Tribal 
interests. These Tribal areas are comprised of a mix of current land 
ownership and include approximately 68,898 ac (27,882 ha) of Yurok 
Tribal fee title and trust lands, lands held by Western Rivers 
Conservancy for the Tribe, and approximately 25,000 ac (10,117 ha) of 
ancestral Yurok Tribal lands currently owned by the U.S. Forest 
Service. Despite the mixed ownership, we are considering the Tribe's 
request for exclusion of the entire 93,898 ac (37,999 ha). The amount 
and ownership

[[Page 59385]]

information for the areas being considered for exclusion for the 
various entities is outlined in the table below.
    Further, during the open comment period, we also received 
information regarding occurrence and habitat use by the coastal marten 
based on new modeling efforts (National Council for Air and Stream 
Improvement 2021). Although we are not now making any changes to the 
proposed designation based on the revised habitat modeling, we intend 
to review these habitat modeling efforts and determine if changes to 
the proposed designation are needed based on this information. 
Information regarding the revised habitat modeling is available at 
https://www.regulations.gov under Docket No. FWS-R8-ES-2020-0151-0022, 
and we invite public comment on the habitat modeling efforts to inform 
our review.
    In addition, the U.S. Forest Service in Oregon commented that some 
proposed areas in the Siuslaw National Forest may not contain the 
physical or biological features and therefore are not critical habitat. 
We are in the process of reviewing the information provided by the 
Forest Service and will make adjustments to the designation if 
appropriate between proposed and final designation. Information 
regarding the U.S. Forest Service's comments are available at https://www.regulations.gov under Docket No. FWS-R8-ES-2020-0151-0039.

                                            Table of Areas Considered for Exclusion by Critical Habitat Unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Area meeting the
                                                             definition of                                Areas Considered for  Summary of rationale for
          Unit No.                    Unit name          critical habitat (in        Land ownership        possible exclusion       proposed exclusion
                                                               ac (ha))                                       (in ac (ha))
--------------------------------------------------------------------------------------------------------------------------------------------------------
5...........................  Klamath Mountains........   1,289,627 (521,894)  Green Diamond Resource        48,980 ac (19,822  Existing land
                                                                                Company.                                   ha)   management, State safe
                                                                                                                                 harbor agreement,
                                                                                                                                 memorandum of
                                                                                                                                 understanding (MOU),
                                                                                                                                 and maintaining
                                                                                                                                 partnership.
                                                                               Yurok Tribe; Western          93,898 ac (37,999  Existing land
                                                                                Rivers Conservancy; U.S.                   ha)   management, MOU, and
                                                                                Forest Service.                                  maintaining
                                                                                                                                 partnership.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on existing conservation and management actions for natural 
resources by the Green Diamond Resource Company and the Yurok Tribe as 
outlined under Consideration of Exclusions Under Section 4(b)(2) of the 
Act in the October 25, 2021, proposed rule (86 FR 58844-58848), as well 
as in additional information received during the public comment period 
from both the Yurok Tribe and Green Diamond (see Docket FWS-R8-ES-2020-
0151-0036 and FWS-R8-ES-2020-0151-0024), we are now considering 
excluding approximately 48,980 ac (19,822 ha) of Green Diamond land and 
93,898 ac (37,999 ha) of Yurok Tribe identified lands from the final 
designation.

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed rule to designate critical 
habitat for the coastal marten. We will consider information and 
recommendations from all interested parties. We intend that any final 
action resulting from the proposal will be based on the best scientific 
data available. Our final determination will take into consideration 
all comments and any additional information we receive during the open 
comment period on the proposed rule.
    Because we will consider all comments and information received 
during both comment periods, our final determination may differ from 
our October 25, 2021 (86 FR 58831) proposed rule. Based on the new 
information we receive (and any comments on that new information), our 
final critical habitat designation may not include all areas proposed, 
may include some additional areas that meet the definition of critical 
habitat, and may exclude some additional areas if we find the benefits 
of exclusion outweigh the benefits of inclusion and not lead to the 
extinction of the species.
    If you already submitted comments or information on the October 25, 
2021, proposed rule, please do not resubmit them. Any such comments are 
incorporated as part of the public record of the rulemaking proceeding, 
and we will fully consider them in the preparation of our final 
determination.
    Comments should be as specific as possible. Please include 
sufficient information with your submission (such as scientific journal 
articles or other publications) to allow us to verify any scientific or 
commercial information you assert. Please note that submissions merely 
stating support for, or opposition to, the action under consideration 
without providing supporting information, although noted, do not 
provide substantial information necessary to support our determination, 
as section 4(b)(2) of the Act directs that designations of critical 
habitat be made ``on the basis of the best scientific data available.''
    We request that you send comments and materials only by one of the 
methods listed in ADDRESSES. If you submit information via https://www.regulations.gov, your entire submission--including your personal 
identifying information--will be posted on the website. If your 
submission is made via a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this information from public review. However, we cannot 
guarantee that we will be able to do so. We will post all hardcopy 
submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on https://www.regulations.gov at Docket No. FWS-
R8-ES-2020-0151.

Authors

    The primary authors of this document are the staff members of the 
Fish and Wildlife Service's Species Assessment Team and the Pacific 
Southwest Regional Office (Region 8).

[[Page 59386]]

Authority

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

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-21191 Filed 9-29-22; 8:45 am]
BILLING CODE 4333-15-P