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•, DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AG29 Endangered and Threatened Wildlife And Plants; Final Designated of Critical Habitat for the Mexican Spotted Owl AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. • iiiiiiiiiiiii RE: Federal Register /Vol. 66, 22 /Thursday, February 1, 2001 /Rules and Regulations Paee 8535 (10I Comment: One commenter stated that not enough information is known about the total habitat requirements of the species to define critical habitat. Our Response: Section 4(b)(2) of the Act states "fhe Secretary shall designate critical habitat, and make revisions thereto, under section (a)(3) on the basis of the best scientific data available ***" We considered the best scientific information available at this time, as required by the Act. Our recommendation is based upon a considerable body of information on the biology of the Mexican spotted Owl, as well as effects from land-use practices on their continued existence. Much remains to be learned about this species; should credible, new information become available which contradicts this designation, we will reevaluate our analysis and, if appropriate, propose to modify this critical habitat designation, depending on available funding and staffing. Paee 8536 (17) Comment: If land has dual ownership of private and Federal, is it critical habitat? The land in question is under private ownership and the mineral rights are owned by the BLM. Ou~~esp0/ISe: The surface ownership is what would contain the primary constituent elements of critical habitat. Because of ownership is private and we are not including private land in this designation, we would not consider the lands to be designated critical Habitat. However, if a Federal agency (e.g., GLM) funds, authorizes, or carries out and action (e.g., mineral extraction) that may affect the Mexican spotted owl of its habitat, the Act requires that the agency consult with us under section 7 of the Act. This is required whether or not critical habitat is designated for a listed species.