2013-02-05_REVISION - M1985043 - Laserfiche WebLink

Home Browse Search

Federal Register / Vol. 69, No. 168 / Tuesday, August 31, 2004 / Rules and Regulations 53211 within mixed conifer, pine -oak, and riparian forest types that provide for one or more of owl's habitat needs for nesting, roosting, foraging, and dispersing are in areas defined by: A. Primary constituent elements related to forest structure: (1) a range of tree species, including mixed conifer, pine -oak, and riparian forest types, composed of different tree sizes reflecting different ages of trees, 30 percent to 45 percent of which are large trees with a trunk diameter of 12 inches (0.3 meters) or more when measured at 4.5 feet (1.4 meters) from the ggrround; (2) a shade canopy created by the tree branches covering 40 percent or more of the ground; and (3) large dead trees (snags) with a trunk diameter of at least 12 inches (0.3 meters) when measured at 4.5 feet (1.4 meters) from the ground. B. Primary constituent elements related to maintenance of adequate prey species: (1) High volumes of fallen trees and other woody debris; (2) A wide range of tree and plant species, including hardwoods; and (3) Adequate levels of residual plant cover to maintain fruits, seeds, and allow plant regeneration. The forest habitat attributes listed above usually are present with increasing forest age, but their occurrence may vary by location, past forest management practices or natural disturbance events, forest type, productivity, and plant succession. These characteristics may also be observed in younger stands, especially when the stands contain remnant large trees or patches of large trees from earlier stands. Certain forest management practices may also enhance tree growth and mature stand characteristics where the older, larger trees are allowed to persist. Steep - walled rocky canyonlands are typically within the Colorado Plateau RU, but also occur in other RUs. Canyon habitat is used by owls for nesting, roosting, and foraging and includes landscapes dominated by vertical - walled rocky cliffs within complex watersheds, including many tributary side canyons. These areas typically include parallel - walled canyons up to 1.2 mi (2 kilometers (km)) in width (from rim to rim), with canyon reaches often 1.2 mi (2 km) or greater, and cool north- facing aspects. Rock walls must include caves, ledges, and fracture zones that provide protected nest and roost sites. Breeding sites are located below canyon rims; however, it is known that owls use areas outside of the canyons (i.e., rims and mesa tops). Owls nest and roost primarily on cliff faces using protected caves and ledges, and forage in canyon bottoms, on cliff faces and benches, and along canyon rims and adjacent lands. Although it is difficult to rely upon vegetation alone to identify canyon habitat, these areas frequently contain small clumps or stringers of mixed - conifer, ponderosa pine, pine -oak, pinyon - juniper, and /or riparian vegetation. C. Primary constituent elements related to canyon habitat include one or more of the following: (1) presence of water (often providing cooler and often higher humidity than the surrounding areas); (2) clumps or stringers of mixed - conifer, pine -oak, pinyon - juniper, and/ or riparian vegetation; (3) canyon wall containing crevices, ledges, or caves; and (4) high percent of ground litter and woody debris. The primary constituent elements identified above provide a qualitative description of those physical and biological features necessary to ensure the conservation of the owl. The range of quantitative estimates (e.g., basal area, canopy closure, etc.) is not provided by the primary constituent elements because these vary greatly over the range of the owl. We acknowledge that if the range of these estimates were provided as part of a critical habitat designation, they could be revised if new data became available (50 CFR 424.12(8)); however, the process of new rulemaking can take years (see 50 CFR 424.17), as opposed to reinitiating and completing a consultation, which takes less than a few months (see 50 CFR 402.14). We note that the Recovery Plan and forthcoming revision provide up -to- date information for agencies to consider when determining whether a proposed project "may affect" designated critical habitat. Our existing consultation policy likewise uses the Recovery Plan to evaluate the effects of proposed projects on the owl. Additionally, formal consultation provides an up -to -date biological status of the species or critical habitat (i.e., environmental baseline) which is used to evaluate a proposed action. Consequently, we believe it is more prudent to pursue the establishment of quantitative estimates (e.g., basal area, canopy closure, etc.) through consultation. When requested, the Service will provide technical assistance in these matters. Criteria for ldentifpingCritical Habitat Units In designating critical habitat for the owl, we reviewed the overall approach to the conservation of the species undertaken by local, State, Tribal, and Federal agencies and private individuals and organizations since the species' listing in 1993. We also considered the features and overall approach identified as necessary for recovery, as outlined in the species' Recovery Plan and information in our supporting record (e.g., Recovery Plan revision in prep). We reviewed the two previous final critical habitat rules (June 6, 1995, 60 FR 29914; February 1, 2001, 66 FR 8530) for the owl, habitat requirements and definitions described in the Recovery Plan, and habitat and other information provided during the comment periods, as well as utilizing our own expertise and other owl researchers. We also reviewed data in our files that were submitted during section 7 consultations and reports submitted in relation to section 10(a)(1)(A) recovery permits, peer - reviewed articles, agency reports and data provided by FS and BLK and regional and statewide GIS coverages of PACs or other owl occurrence records. We considered currently suitable habitat, large contiguous blocks of habitat, occupied habitat, rangewide distribution, the need for special management or protection, and adequacy of existing regulatory mechanisms when identifying critical habitat units. For the current designation, we relied primarily on the Recovery Plan to provide guidance. We are including specific protected and restricted areas, (as defined in the Recovery Plan and the "Primary Constituent Elements" section above), because they contain one or more primary constituent elements. Some lands containing these characteristics were excluded if they were not essential to the conservation of the owl or if the benefits of their exclusion from critical habtiat for the owl outweighed the benefits of their inclusion (see discussion below). Although some State and private lands likely support mid- and higher - elevation forests that support owls and owl nesting and roosting habitat, the overwhelming majority of owl records and, therefore its range in the United States, are from Federal and Tribal lands. Therefore we do not consider State and private lands essential to the conservation of the species. As such, we are not designating these areas as critical habitat. Where feasible, we mapped critical habitat boundaries so as to exclude State and private lands. Where this was not possible, State and private areas are not included by definition in this designation. The overwhelming majority of owl records are from Federal and Tribal lands,