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• i <br />Page 8540 (Critical Habitat) <br />EXCe/pt.' Section 4(b)(2) of the Act requires that we base critical habitat designation on the best <br />scientific and commercial data available, taking into consideration the economic impact, and any <br />other relevant impact, of specifying any particular area as critical habitat. We may exclude azeas <br />from critical habitat designation if we determine that the benefits of including the areas as critical <br />habitat provided the exclusion will not result in the extinction of the species. <br />Excerpt: We will not speculate about what areas might be found to be essential if better <br />information became available, or what areas may become essential over time. <br />Excerpt: Accordingly, when the best available scientific and commercial data do not demonstrate <br />that the conservation needs of the species require designation of critical habitat outside of occupied <br />areas, we will not designate critical habitat in areas outside the geographic area occupied by the <br />species <br />Paee 842 (Criteria for identifying Critical Habitat Units) <br />Excerpt: State and private lands aze not included in this designation. Some State and private <br />parcels within the critical habitat boundaries likely support mid and higher~levation forests that <br />are capable of providing nesting and roosting habitat. However, given that the majority of the owl's <br />range occurs on Federal and tribal lands, we do not consider State and private lands essential to the <br />recovery of the species and, therefore, we are not designating these areas as critical habitat. <br />Excerpt: Those azeas under State or private ov•~nership that are within mapped critical habitat unit <br />boundaries are excluded from this designation of critical habitat by definition. <br />