12730 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Proposed Rules

collection period for critical habitat

development in early summer 1993.

Continued discussions led to a mutual

recognition of the significant differences

between resource management and

habitat conditions on federally

administered lands and Jicarilla Apache

Reservation lands. These differences

afforded an opportunity to address the

threats identified in the listing proposal

through the development of a tribal

management plan for the owl. Working

independently, the Jicarilla Game and

Fish Department developed a draft

‘‘Conservation Plan for the Mexican

Spotted Owl on the Jicarilla Apache

Reservation, New Mexico’’ and

requested review of the document by

the New Mexico Ecological Services

State Office at a meeting on November

21, 1994. Reviews were conducted and

recommendations provided by the

Service at that meeting and during

subsequent telephone conversations

with representatives of the Tribe. On

December 16, 1994, the Jicarilla Apache

Tribal Council approved the plan and

formally submitted it to the Service.

The plan addresses the identified

threats to owl habitat by maintaining

sufficient suitable habitat across the

landscape and the site-specific retention

of complex forest structure following

timber harvest. Nest/roost habitats,

primarily in mixed conifer and steep

slope areas, are not managed for timber

extraction and are to remain in suitable

nest-roost condition. Foraging habitat

consisting of ponderosa pine is to be

managed almost entirely by unevenaged methods. Timber harvest may

lower the quality of a fraction of the

foraging habitat base, but adequate

residual structure remains so that the

habitat may rapidly reattain suitable

condition. At any point in time the

majority of foraging habitat remains in

suitable foraging condition across the

landscape. Site-specific management of

territories address both habitat

conditions and behavioral disturbance

within owl territories. Territorial

management includes the establishment

of 300-acre protected activity centers

(PAC) around nest-roost sites. No

timber, or oil and gas development is to

occur within these areas, and no

behaviorally disturbing activities are

permitted within 1⁄4 mile of any nest or

roost site during the breeding season.

Habitat in the areas surrounding the

PACs are to be managed as described

above.

The plan fully incorporates the

Service’s criteria for management of

critical habitat. These criteria were

adopted, in part, from the recommended

guidelines outlined in the Draft

Recovery Plan prepared by the Mexican

Spotted Owl Recovery Team. In

addition, the Jicarilla plan has increased

protection in ponderosa pine foraging

habitat above those levels identified in

the Draft Recovery Plan.

Based on information provided during

the initial public comment period by the

Jicarilla Apache Indian Tribe, the

Service has determined that identified

threats to the species over the majority

of its range have been removed on the

Jicarilla Apache Indian Reservation

through the establishment and

enforcement of the Tribe’s Mexican

Spotted Owl Conservation Plan.

Therefore, the Service proposes to

delete the 101,923 acres in Critical

Habitat Units NM–JAIR–1, NM–JAIR–2,

NM–JAIR–3, NM–JAIR–4, and NM–

JAIR–5, on the Jicarilla Apache Indian

Reservation from the proposed rule to

designate critical habitat based on the

new information provided by the Tribe.

Section 4(b)(2) of the Act (16 U.S.C.

1533 (b)(2)) requires the Service to

consider economic and other impacts of

designating a particular area as critical

habitat. In a final designation of critical

habitat, the Service is required to

balance the benefits of excluding a

significantly impacted area against the

benefits of including that area within

the boundaries of critical habitat. In

fulfillment of that requirement, the

Service has prepared a draft economic

analysis of the effects that may be

caused by the designation of critical

habitat. The Service will provide a copy

of the Economic Analysis to interested

parties upon request. Based on the data

provided for the draft economic

analysis, and the assessment of

identified economic impacts, the lands

of the Navajo Nation, and the Southern

Ute, Mescalero Apache, and San Carlos

Apache tribes are being proposed for

exclusion under section 4(b)(2),

contingent upon Service receipt and

review of specific economic information

for each of those tribes, and biological

data concerning the presence,

distribution, and habitat use of Mexican

spotted owls on those tribal lands.

Information provided for the draft

economic analysis indicates that

significant economic impacts may occur

on lands of these tribes due to the

designation of critical habitat. However,

the information was not conclusive. In

one instance, data were grouped

together for three of the tribes: Jicarilla

Apache, Mescalero Apache, and

Southern Ute. Such aggregation does not

allow specific impacts to be delineated

for individual tribes. In another

instance, information provided on

economic impacts on the Navajo

Reservation was contradictory and may

require further review and analysis.

While information is available regarding

economic effects, biological information

is lacking concerning the abundance,

distribution and management of

Mexican spotted owls on the Navajo,

Southern Ute, Mescalero Apache, and

San Carlos Apache reservation lands.

Therefore, the Service is inviting

submission of information and comment

on these and any other relevant issues.

A more detailed discussion of economic

impacts is provided in the Economic

Analysis. The Service will consider the

critical habitat designation in light of all

additional relevant information

obtained during the comment period

before making a final decision with

respect to the proposed rule.

A series of public hearings have been

scheduled in connection with the

announcement of availability of the

draft economic analysis; notice of the

times and locations of the hearings

appears elsewhere in today’s issue of

the Federal Register. Comments

regarding the proposed exclusions

described above will also be accepted at

these hearings or in writing through the

end of the comment period on May 8,

1995.

Author

The primary author of this notice is

Jennifer Fowler-Propst, New Mexico

State Supervisor, at the above address.

Authority

Authority for this action is the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.)

Dated: March 6, 1995.

George T. Frampton Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–5809 Filed 3–7–95; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 17

RIN 1018–AD02

Endangered and Threatened Wildlife

and Plants; Notice of Document

Availability, Notice of Public Hearings,

and Reopening of Public Comment

Period

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of document availability,

reopening of public comment period,

notice of public hearings.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces availability

of a draft economic analysis of its

proposal to designate critical habitat for

the Mexican spotted owl. A comment

period is opened and public hearings
Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Proposed Rules 12731

will be held on the analysis and the

proposal.

DATES: Comment: The original comment

period on the proposed rule to designate

critical habitat extended from December

7, 1994, to March 7, 1995. The comment

period is now reopened until May 8,

1995.

Hearings: The Service will hold four

public hearings at the times noted

below. Public hearings will be held from

6 p.m. to 9 p.m. on the following dates:

March 22, 1995, in Santa Fe, New

Mexico; March 23, 1995, in Socorro,

New Mexico; March 29, 1995, in

Tucson, Arizona; and March 30, 1995,

in Flagstaff, Arizona.

ADDRESSES: Hearings: The public

hearings will be held at the following

places: Santa Fe—Morgan Hall, 310 Old

Santa Fe Trail, Santa Fe, New Mexico;

Socorro—Galena Auditorium, New

Mexico Institute of Mining and

Technology, 1 Olive Lane, Socorro, New

Mexico; Tucson—Rincon Room,

Student Union, Second Floor,

University of Arizona, Tucson, Arizona;

Flagstaff—Flagstaff High School

Auditorium, 400 West Elm Street,

Flagstaff, Arizona.

Documents and comments: Requests

for copies of the Service’s Economic

Analysis and comments concerning that

document and the proposal to designate

critical habitat for the Mexican spotted

owl should be sent to the State

Supervisor, U.S. Fish and Wildlife

Service, 2105 Osuna NE., Albuquerque,

New Mexico 87113. Comments and

materials received will be available for

public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT:

Jennifer Fowler-Propst, New Mexico

State Supervisor, at the above address,

telephone (505) 761–4525.

SUPPLEMENTARY INFORMATION:

Background

The Service listed the Mexican

spotted owl as a threatened species on

March 16, 1993 (58 FR 14248). A

proposal to designate critical habitat

was published on December 7, 1994 (59

FR 63162). A total of 4,770,223 acres

was proposed for inclusion in critical

habitat.

Section 4(b)(2) of the Act (16 U.S.C.

§ 1533 (b)(2)) requires the Service to

consider economic and other impacts of

designating a particular area as critical

habitat. In a final designation of critical

habitat, the Service is required to

balance the benefits of excluding areas

against the benefits of including those

areas within the boundaries of critical

habitat. In fulfillment of that

requirement, the Service has prepared a

draft economic analysis of the effects

that may be caused by the designation

of critical habitat. The Service will

provide a copy of the economic analysis

to interested parties upon request. The

Service will consider the critical habitat

designation in light of all additional

relevant information obtained during

the comment period before making a

final decision with respect to the

proposed rule.

The comment period on the proposal

is reopened until May 8, 1995, to

receive views and recommendations on

both the proposed designation and the

draft economic analysis. Public hearings

on the proposal and the draft economic

analysis will be held at the times and

places listed above. Oral statements at

the hearings may be limited to several

minutes if there are many requests to

speak. Oral comments presented at the

public hearings are given the same

weight and consideration as written

comments. If the public hearings are of

insufficient time to provide for all who

wish to speak, all who are not

accommodated will be asked to submit

their comments in writing. There are,

however, no limits to the length of

written comments or materials

presented at the hearing or mailed to the

Service.

Author

The primary author of this notice is

Jennifer Fowler-Propst, New Mexico

State Supervisor, at the above address.

Authority

Authority for this action is the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.)

Dated: March 3, 1995.

Edward H. Cynar, II,

Acting Director, Fish and Wildlife Service.

[FR Doc. 95–5810 Filed 3–7–95; 8:45 am]

BILLING CODE 4310–55–P