80_FR_18808 80 FR 18742 - Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Humboldt Marten as an Endangered or Threatened Species

80 FR 18742 - Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Humboldt Marten as an Endangered or Threatened Species

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18742-18772
FR Document2015-07766

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the previously classified subspecies Humboldt marten (Martes americana humboldtensis), or the (now-recognized) subspecies of Humboldt marten (Martes caurina humboldtensis), or the Humboldt marten distinct population segment (DPS) of the Pacific marten (M. caurina) as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). The petition and this finding also address populations of marten from coastal Oregon, which recent genetic analyses indicate are likely to be the same entity as the current classification of Humboldt marten. We recognize a coastal DPS of the Pacific marten (which includes coastal Oregon populations of marten and the current classification of Humboldt marten) and find that this DPS is not warranted for listing at this time. However, we ask the public to submit to us any new information that becomes available concerning the stressors that may be impacting the coastal DPS of Pacific marten or its habitat at any time.

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Proposed Rules]
[Pages 18742-18772]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07766]



[[Page 18741]]

Vol. 80

Tuesday,

No. 66

April 7, 2015

Part III





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 17





Endangered and Threatened Wildlife and Plants; 12-Month Finding on a 
Petition To List Humboldt Marten as an Endangered or Threatened 
Species; Proposed Rule

Federal Register / Vol. 80 , No. 66 / Tuesday, April 7, 2015 / 
Proposed Rules

[[Page 18742]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2011-0105; 4500030113]


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List Humboldt Marten as an Endangered or Threatened 
Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on a petition to list the previously classified 
subspecies Humboldt marten (Martes americana humboldtensis), or the 
(now-recognized) subspecies of Humboldt marten (Martes caurina 
humboldtensis), or the Humboldt marten distinct population segment 
(DPS) of the Pacific marten (M. caurina) as an endangered or threatened 
species under the Endangered Species Act of 1973, as amended (Act). The 
petition and this finding also address populations of marten from 
coastal Oregon, which recent genetic analyses indicate are likely to be 
the same entity as the current classification of Humboldt marten. We 
recognize a coastal DPS of the Pacific marten (which includes coastal 
Oregon populations of marten and the current classification of Humboldt 
marten) and find that this DPS is not warranted for listing at this 
time. However, we ask the public to submit to us any new information 
that becomes available concerning the stressors that may be impacting 
the coastal DPS of Pacific marten or its habitat at any time.

DATES: The finding announced in this document was made on April 7, 
2015.

ADDRESSES: This finding is available on the Internet at http://www.regulations.gov at Docket Number FWS-R8-ES-2011-0105. Supporting 
documentation we used in preparing this finding is available for public 
inspection, by appointment, during normal business hours at the U.S. 
Fish and Wildlife Service, Arcata Fish and Wildlife Office, 1655 
Heindon Road, Arcata, CA 95521. Please submit any new information, 
materials, comments, or questions concerning this finding to the above 
street address.

FOR FURTHER INFORMATION CONTACT: Bruce Bingham, Field Supervisor, U.S. 
Fish and Wildlife Service, Arcata Fish and Wildlife Office (see 
ADDRESSES); by telephone at 707-822-7201; or by facsimile at 707-822-
8411. If you use a telecommunications device for the deaf (TDD), please 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Acronyms and Abbreviations Used in This Document

    We use many acronyms and abbreviations throughout this 12-month 
finding. To assist the reader, we provide a list of these here for easy 
reference:

Act = Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.)
AR = Anticoagulant Rodenticides
BLM = Bureau of Land Management
CBD = Center for Biological Diversity
CDFG = California Department of Fish and Game (see below)
CDFW = California Department of Fish and Wildlife (formerly CDFG)
CDPR = California Department of Parks and Recreation
CESA = California Endangered Species Act
CEQA = California Environmental Quality Act
CFR = Code of Federal Regulations
DPS = Distinct Population Segment
EPIC = Environmental Protection Information Center
Forest Service = U.S. Forest Service
FR = Federal Register
GIS = Geographic Information System
HCP = Habitat Conservation Plan
HMCG = Humboldt Marten Conservation Group
IPCC = Intergovernmental Panel on Climate Change
IUCN = International Union for Conservation of Nature
LANDFIRE = Landscape Fire and Resource Management Planning Tools 
Project
LRMP = Land and Resource Management Plan
MDL = Multi-District Litigation
MOU = Memorandum of Understanding
MTBS = Monitoring Trends in Burn Severity
NMFS = National Marine Fisheries Service
NWFP = Northwest Forest Plan
OAR = Oregon Administrative Rules
ODF = Oregon Department of Forestry
RMP = Resource Management Plan
Service = U.S. Fish and Wildlife Service
SPR = Significant Portion of [a Species'] Range
USDA = U.S. Department of Agriculture

Background

    Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires 
that, for any petition to revise the Federal Lists of Endangered and 
Threatened Wildlife and Plants that contains substantial scientific or 
commercial information suggesting that listing a species may be 
warranted, we make a finding within 12 months of the date of receipt of 
the petition. In this finding, we will determine that the petitioned 
action is: (1) Not warranted, (2) warranted, or (3) warranted, but the 
immediate proposal of a regulation implementing the petitioned action 
is precluded by other pending proposals to determine whether species 
are endangered or threatened, and expeditious progress is being made to 
add or remove qualified species from the Federal Lists of Endangered 
and Threatened Wildlife and Plants (``warranted but precluded''). 
Section 4(b)(3)(C) of the Act requires that we treat a petition for 
which the requested action is found to be warranted but precluded as 
though resubmitted on the date of such finding, that is, requiring a 
subsequent finding to be made within 12 months. We must publish these 
12-month findings in the Federal Register.

Previous Federal Actions

    On September 28, 2010, we received a petition dated September 28, 
2010, from the Center for Biological Diversity (CBD) and the 
Environmental Protection Information Center (EPIC), requesting that we 
consider for listing the (then-classified) subspecies Humboldt marten 
(Martes americana humboldtensis), or the (now-recognized) subspecies 
Humboldt marten (M. caurina humboldtensis), or the Humboldt marten DPS 
of the Pacific marten (M. caurina). The petitioners further stipulated 
that, based on recent genetic analyses indicating that populations of 
marten from coastal Oregon (considered members of M. a. caurina) are 
more closely related to M. a. humboldtensis than to M. a. caurina in 
the Cascades of Oregon (citing Dawson 2008, Slauson et al. 2009a), the 
range of the subspecies or DPS of the Humboldt marten should be 
expanded to include coastal Oregon populations of martens. In a letter 
to the petitioners dated October 22, 2010, we responded that we 
reviewed the information presented in the petition and determined that 
issuing an emergency regulation temporarily listing the species under 
section 4(b)(7) of the Act was not warranted.
    On January 12, 2012, we published in the Federal Register a 90-day 
finding (77 FR 1900) that the petition presented substantial 
information indicating that listing may be warranted and that initiated 
a status review. For purposes of the 90-day finding, the common name 
Humboldt marten referred to the then-classified American marten (M. 
americana) populations in coastal northern California and coastal 
Oregon.
    On June 23, 2014, we published a scoping notice in the Federal 
Register (79 FR 35509) that summarized the uncertainty regarding the 
taxonomic classification of the subspecies (based on current genetics 
information) and indicated our intent to conduct an evaluation (for the 
12-month finding) of

[[Page 18743]]

a potential DPS of martens in coastal northern California and coastal 
Oregon relative to the full species classification level.
    According to section 3(16) of the Act, we may consider for listing 
any of three categories of vertebrate animals: A species, subspecies, 
or DPS (see the Service's 1996 DPS Policy at 61 FR 4722). We refer to 
each of these categories as a potential ``listable entity.'' We 
evaluated three possible listable entities for this 12-month finding 
based upon the best available published and unpublished information for 
martens in coastal northern California and coastal Oregon (for further 
details, please see the Current Taxonomic Description and Listable 
Entity Evaluation and Distinct Population Segment Analysis sections, 
below):
     Subspecies Humboldt marten (Martes americana 
humboldtensis): This entity was considered not reasonable for 
evaluation because its species-level name is no longer considered 
valid. Specifically, Dawson and Cook (2012, entire) split the then-
classified American marten (M. americana) to recognize the Pacific 
marten (M. caurina) for all martens occurring west of the Rocky 
Mountain crest.
     Subspecies Humboldt marten (Martes caurina humboldtensis): 
This entity was considered not reasonable for evaluation because its 
description is (currently) specifically linked with the extant 
population that resides in coastal northern California and does not 
include the coastal Oregon populations, which the best available 
genetics data indicate are likely the same entity.
     DPS of the Pacific marten (Martes caurina): We considered 
it reasonable that a DPS of the Pacific marten constitute the listable 
entity for our status review based on our evaluations of the best 
scientific and commercial data currently available (including 
unpublished genetics information), and our consideration of the 
Service's February 7, 1996, Policy Regarding the Recognition of 
Distinct Vertebrate Population Segments Under the Endangered Species 
Act (DPS Policy; 61 FR 4722). As such, we considered in the scoping 
notice (79 FR 35509; June 23, 2014) that the DPS include the currently 
recognized M. caurina humboldtensis (i.e., Humboldt marten) and the 
coastal populations of M. caurina caurina in Oregon (i.e., Oregon Coast 
Range group). We solicited information regarding our consideration of 
the coastal northern California and coastal Oregon populations of 
Pacific marten as a single listable entity. See Listable Entity 
Evaluation and Distinct Population Segment Analysis, below, for 
additional discussion related to our decision that a coastal DPS of the 
Pacific marten (hereafter referred to as ``coastal marten'') 
constitutes the listable entity for this status review.
    This notice constitutes the 12-month finding on the September 28, 
2010, petition to list the (then-classified) subspecies Humboldt marten 
(Martes americana humboldtensis), or the (now-recognized) subspecies 
Humboldt marten (M. caurina humboldtensis), or the Humboldt marten DPS 
of the Pacific marten (M. caurina) as an endangered or threatened 
species.
    This finding is based upon the Species Report titled ``Coastal 
Oregon and Northern Coastal California populations of the Pacific 
marten (Martes caurina)'' (Service, 2015) (Species Report), a 
scientific analysis of available information prepared by a team of 
Service biologists from the Service's Arcata Fish and Wildlife Office, 
Oregon Fish and Wildlife Office, Pacific Southwest Regional Office, 
Pacific Regional Office, and National Headquarters Office. The purpose 
of the Species Report is to provide the best available scientific and 
commercial information about the species so that we can evaluate 
whether or not the species warrants protection under the Act. In it, we 
compiled the best scientific and commercial data available concerning 
the status of the coastal Oregon and northern coastal California 
populations of Pacific marten, including past, present, and future 
threats to these populations. As such, the Species Report, including 
the appendix, provides the scientific basis that informs our regulatory 
decision in this document, which involves the further application of 
standards within the Act and its regulations and policies. The Species 
Report can be found on the Internet at http://www.regulations.gov, 
Docket No. FWS-R8-ES-2011-0105.

Current Taxonomic Description

    The American marten (Martes americana) was originally described as 
a single species by Turton (1806, entire), based on specimens from 
eastern North America. In 1890, Merriam (1890, entire) considered a new 
species, Mustela [=Martes] caurina, to be those martens found west of 
the Rocky Mountains. In 1926, the Humboldt [Pine] marten (M. c. 
humboldtensis) was described as a subspecies of Martes caurina 
(Grinnell and Dixon 1926, entire); historically, this subspecies was 
distributed throughout the coastal, fog-influenced coniferous forests 
of northern California from northwestern Sonoma County north to the 
Oregon border (Grinnell and Dixon 1926, entire). In 1953, Wright (1953, 
entire) described one species, the American marten (M. americana), 
which included as subspecies both the Humboldt [Pine] marten subspecies 
(M. a. humboldtensis), and the former western marten species (M. 
caurina), classified as M. a. caurina.
    As noted above, at the time of our 90-day finding (77 FR 1900; 
January 12, 2012), the Humboldt marten was classified as Martes 
americana humboldtensis. Subsequently, Dawson and Cook (2012, entire) 
split the American marten, recognizing the Pacific marten (M. caurina) 
for all martens occurring west of the Rocky Mountain crest, based on 
genetic and morphological differences. Currently, the classification of 
the Humboldt marten in coastal northern California is M. c. 
humboldtensis, and the marten populations occurring in adjacent coastal 
Oregon are M. c. caurina. In addition, as currently recognized, 
populations of martens in the Oregon Cascades northward through the 
State of Washington and into British Columbia, Canada, are also M. c. 
caurina.
    Ongoing genetic research indicates uncertainty in the currently 
accepted Pacific marten subspecies delineations in California and 
Oregon. Specifically, the best available data indicate that the Martes 
caurina humboldtensis population in coastal northern California 
(Humboldt, Siskiyou, and Del Norte Counties) and the two known M. c. 
caurina populations in coastal Oregon (Curry, Coos, coastal portion of 
Douglas, coastal portion of Lane, Lincoln, and Tillamook Counties) are 
likely a single evolutionary unit (clade) (Slauson et al. 2009a, p. 
1,340; Schwartz and Slauson 2015, pers. comm.) (as noted in the scoping 
notice that published in the Federal Register on June 23, 2014 (79 FR 
35509), and was made available for review at http://www.regulations.gov, Docket No. FWS-R8-ES-2014-0023). Although 
questions regarding the taxonomy of marten subspecies in northern 
California and Oregon are not new (i.e., both the petition we received 
(CBD and EPIC 2010) and our 90-day finding (January 12, 2012; 77 FR 
1900) identified ongoing genetic research and taxonomic uncertainty), 
the best available information indicate that the original designation 
of two separate marten subspecies occurring in coastal northern 
California and coastal Oregon is likely invalid (Schwartz and Slauson 
2015, pers. comm.).

[[Page 18744]]

Listable Entity Evaluation and Distinct Population Segment Analysis

    Based on the September 28, 2010, petition, and information received 
both prior and subsequent to our June 23, 2014, scoping notice 
regarding the listable entity, we considered whether the potential 
coastal DPS of Pacific marten meets the definition of a DPS as 
described in the Service's DPS Policy (61 FR 4722; February 7, 1996).
    Section 3(16) of the Act defines the term ``species'' to include 
``. . . any subspecies of fish or wildlife or plants, and any distinct 
population segment of any species of vertebrate fish or wildlife which 
interbreeds when mature.'' We have always understood the phrase 
``interbreeds when mature'' to mean that a DPS must consist of members 
of the same species or subspecies in the wild that would be 
biologically capable of interbreeding if given the opportunity, but all 
members need not actually interbreed with each other. A DPS is a subset 
of a species or subspecies, and cannot consist of members of a 
different species or subspecies. The ``biological species concept'' 
defines species according to a group of organisms, their actual or 
potential ability to interbreed, and their relative reproductive 
isolation from other organisms. This concept is a widely accepted 
approach to defining species. The Act's use of the phrase ``interbreeds 
when mature'' reflects this understanding. Use of this phrase with 
respect to a DPS is simply intended to mean that a DPS must be 
comprised of members of the same species or subspecies. As long as this 
requirement is met, a DPS may include multiple populations of 
vertebrate organisms even if they may not actually interbreed with each 
other. For example, a DPS may consist of multiple populations of a fish 
species separated into different drainages. While these populations may 
not actually interbreed with each other, their members are biologically 
capable of interbreeding.
    The National Marine Fisheries Service (NMFS) and the Service 
published a joint Policy Regarding the Recognition of Distinct 
Vertebrate Population Segments Under the Endangered Species Act (DPS 
Policy on February 7, 1996 (61 FR 4722). According to the DPS Policy, 
two elements must be satisfied in order for a population segment to 
qualify as a possible DPS: discreteness and significance. If the 
population segment qualifies as a DPS, the conservation status of that 
DPS is then evaluated to determine whether it is endangered or 
threatened.
    A population segment of a vertebrate species may be considered 
discrete if it satisfies either one of the following conditions: (1) It 
is markedly separated from other populations of the same taxon as a 
consequence of physical, physiological, ecological, or behavioral 
factors; or (2) it is delimited by international governmental 
boundaries within which differences in control of exploitation, 
management of habitat, conservation status, or regulatory mechanisms 
exist that are significant in light of section 4(a)(1)(D) of the Act.
    If a population is found to be discrete, then it is evaluated for 
significance under the DPS Policy on the basis of its importance to the 
taxon to which it belongs. This consideration may include, but is not 
limited to, the following: (1) Persistence of the discrete population 
segment in an ecological setting unusual or unique to the taxon; (2) 
evidence that loss of the discrete population segment would result in a 
significant gap in the range of a taxon; (3) evidence that the 
population represents the only surviving natural occurrence of a taxon 
that may be more abundant elsewhere as an introduced population outside 
of its historical range; or (4) evidence that the population differs 
markedly from other populations of the species in its genetic 
characteristics.
    If a population segment is both discrete and significant (i.e., it 
qualifies as a potential DPS), its evaluation for endangered or 
threatened status is based on the Act's definitions of those terms and 
a review of the factors listed in section 4(a) of the Act. According to 
our DPS Policy, it may be appropriate to assign different listing 
classifications to different DPSs of the same vertebrate taxon.
    We were petitioned to list collectively two groups of the Pacific 
marten (two populations in Oregon and one in California) that are 
currently recognized as belonging to two separate subspecies (as 
described above). To ensure that we evaluated the most accurate 
listable entity based on the best scientific and commercial data 
currently available (including unpublished genetics information), we 
published a scoping notice in the Federal Register on June 23, 2014 (79 
FR 35509), notifying the public that we considered it reasonable that a 
coastal DPS of the Pacific marten constitute the listable entity for 
our status review.
    We received eight comment letters from six entities in response to 
our June 23, 2014, scoping notice. Four entities agreed with our 
proposed DPS, one was silent, and one disagreed with our evaluation of 
a coastal DPS of the Pacific marten as the listable entity; two 
entities commented twice reiterating their same positions. The 
commenter who disagreed with the proposed coastal DPS of the Pacific 
marten as the listable entity believed more information, including 
genetics, would be required and that the entity we proposed would not 
be a valid DPS according to Service criteria. Following publication of 
the scoping notice in the Federal Register, we received more genetics 
information (Schwartz and Slauson 2015, pers. comm.) that supports our 
consideration of a coastal DPS of the Pacific marten.
    After taking into consideration the comments received and 
conducting further evaluation of the best available scientific and 
commercial information (including additional genetics information), we 
confirm here that this DPS is a listable entity, including the 
currently recognized Martes caurina humboldtensis (i.e., Humboldt 
marten) and the coastal populations of M. caurina caurina in Oregon 
(i.e., Oregon Coast Range group). This entity is reasonable given:
    (1) The best available data (e.g., new genetics information, 
similar habitat usage) suggest that the coastal northern California 
marten population and the coastal Oregon marten populations represent a 
single evolutionary entity as opposed to two separate entities 
(Schwartz et al., In prep.). In particular, Schwartz et al. (In prep.) 
has provided substantive information (with both mitochondrial and 
nuclear DNA evaluations) that the marten populations occurring in 
coastal northern California and coastal Oregon are unique and more 
closely related to each other than to other groups/populations of 
Pacific martens, to the extent that they are diagnosably distinct from 
all other Pacific martens.
    (2) Existing genetics information (Slauson et al. 2009a, entire) 
suggests that subspecies-level taxonomy of M. c. humboldtensis, M. c. 
caurina, and possibly other subspecies of the Pacific marten as 
currently classified may be inaccurate.
    (3) The DPS Policy (February 7, 1996; 61 FR 4722) states that the 
population segment under consideration must be evaluated for 
discreteness and significance in relation to the remainder of the taxon 
to which it belongs. Ordinarily, in the present case we would evaluate 
the marten populations relative to the subspecies to which they belong, 
but the populations in question currently represent two separate 
subspecies and there is uncertainty as to the legitimacy of those 
subspecies classifications, rendering such an evaluation invalid.

[[Page 18745]]

    (4) Uncertainty in the subspecies-level taxonomy of Pacific marten 
logically necessitates that we elevate our evaluation of the DPS 
relative to the Pacific marten at the full species level. In other 
words, we apply the criteria for evaluating a coastal DPS of the 
Pacific marten relative to the full species Pacific marten (Martes 
caurina) as a whole.
    (5) The DPS Policy (February 7, 1996; 61 FR 4722) states that ``In 
all cases, the organisms in a population are members of a single 
species or lesser taxon.'' Therefore, given (1) through (4) above, an 
evaluation at the species level is appropriate. Consequently, for 
purposes of this Finding, below we evaluate the Pacific marten 
populations that occur in coastal Oregon and coastal northern 
California under our DPS Policy.
    For this 12-month finding and DPS analysis of the Pacific marten 
populations that occur in coastal Oregon and coastal northern 
California, we reviewed and evaluated all available published and 
unpublished information, including numerous publications, reports, and 
other data submitted by the public. Marten distribution in coastal 
northern California and coastal Oregon is discussed in detail in the 
``Species Distribution'' section of the Species Report titled ``Coastal 
Oregon and Northern Coastal California populations of the Pacific 
marten (Martes caurina)'' (Service 2015, pp. 28-32), which is available 
on the Internet at http://www.regulations.gov, Docket No. FWS-R8-ES-
2011-0105.
Discreteness
    Under the DPS Policy, a population segment of a vertebrate taxon 
may be considered discrete if it satisfies either one of the following 
conditions:
    (1) It is markedly separated from other populations of the same 
taxon as a consequence of physical, physiological, ecological, or 
behavioral factors. Quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation.
    (2) It is delimited by international governmental boundaries within 
which differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant in light of section 4(a)(1)(D) of the Act. As the marten 
populations in question here do not transcend an international 
boundary, this criterion does not apply.
    As described below, the Pacific marten populations that occur in 
coastal Oregon and coastal northern California are markedly separated 
from other Pacific marten populations by geographical isolation (i.e., 
separated by areas of unsuitable habitat), and marked genetic 
differences between those coastal populations (coastal Oregon and 
coastal northern California) and other populations of Pacific marten 
are evidence of this long-standing separation. The extant population in 
coastal northern California is separated from the Sierra marten 
subspecies (Martes caurina sierrae) by unsuitable habitat to the east 
in the Klamath River canyon. The coastal central Oregon extant 
population is separated from Pacific marten populations to the east (in 
the Oregon Cascade Mountains) primarily by unsuitable habitat within 
the Willamette Valley. Although some suitable habitat occurs between 
the coastal southern Oregon extant population area and the southern 
Cascades population of Pacific martens to the east, the distance to 
large blocks of suitable habitat in the southern Cascade Mountains far 
exceeds the mean maximum dispersal distance for martens (see discussion 
below). Additionally, martens that occur in coastal Oregon and coastal 
northern California occur in areas without significant, persistent 
snowpack (Slauson 2003, p. 66; Slauson et al., In prep.). Mountain 
ranges to the east that have both unsuitable marten habitat and are 
covered by significant, persistent snowpack stand between the coastal 
Oregon and coastal northern California populations of Pacific martens 
and other Pacific marten populations (e.g., separation of Humboldt and 
Sierra Nevada populations), thereby effectively isolating the coastal 
marten populations from other Pacific martens. East-west movements that 
would potentially connect Pacific marten populations in coastal Oregon 
and coastal northern California with inland Pacific marten populations 
are likely rare because:
    (1) Most juvenile marten dispersal distances (that are published in 
literature) in both logged and unlogged forests range from less than or 
equal to 5 km (3.1 mi) (Broquet et al. 2006, p. 1,694) to approximately 
15 km (9.3 mi) (Phillips 1994, pp. 93-94; Pauli et al. 2012, p. 393). 
The distance between the coastal Oregon and coastal northern California 
populations of Pacific martens and other Pacific marten populations to 
the east exceeds the likely maximum dispersal distance.
    (2) Pacific martens within the three extant populations in coastal 
Oregon and coastal northern California likely only need to disperse 
short distances to establish a home range because there are typically 
sufficient amounts of unoccupied suitable habitat available within 
their natal area.
    (3) Large patches of unsuitable habitat on the eastern edge of the 
historical range in this region would likely deter juvenile martens 
from moving east. As described below in the section Summary of Species 
Information, the coastal Oregon and coastal northern California 
populations of Pacific martens require a dense shrub understory 
comprised of shade-tolerant shrub species within the conifer-dominated 
overstory that they occupy (Zielinski et al. 2001, p. 485; Slauson et 
al. 2007, p. 464), and in coastal Oregon and coastal northern 
California, this dense shrub layer generally does not occur outside of 
the coastal fog-influenced areas. Thus, martens in coastal northern 
California and coastal Oregon are functionally isolated from other 
marten populations by their dependence on the dense shrub layer found 
in the coastal coniferous forests of this region.
    The coastal Oregon and coastal northern California populations of 
Pacific martens are also markedly separated from other populations of 
the Pacific marten as evidenced by quantitative measures of genetic 
discontinuity. The Humboldt marten was historically distributed 
throughout the coastal coniferous forests of northern California from 
northwestern Sonoma County northward to the Oregon border (Grinnell et 
al. 1937, pp. 207-210). Recent phylogenetic analyses using 
mitochondrial DNA (mtDNA) support the distinctiveness of the Humboldt 
marten subspecies, based on the presence of distinct haplotypes shared 
by historical museum specimens and martens currently occupying portions 
of the historical range in northern coastal California (Slauson et al. 
2009a, entire). Marten populations in coastal Oregon, which were 
historically described as M. c. caurina, also share these haplotypes, 
leading Slauson et al. (2009a, pp. 1338-1339) to suggest that martens 
in the Coast Range of Oregon may also be M. c. humboldtensis. 
Furthermore, preliminary results of a subspecific genetic evaluation of 
the Pacific marten by Schwartz et al. (In prep.)--using nuclear DNA 
(nDNA) and samples from substantially more martens than used by Slauson 
et al. (2009a)--demonstrate that the coastal Oregon and coastal 
northern California populations of Pacific martens are clearly 
distinguishable from other populations of Pacific marten on the basis 
of their genetic characteristics. Schwartz et al. (In prep.) indicate 
that coastal Oregon and northern coastal California marten populations 
represent a single evolutionary clade, calling into

[[Page 18746]]

question the separation of the original subspecies range boundaries 
(i.e., M. c. humboldtensis in northern coastal California and M. c. 
caurina in coastal Oregon) at the California-Oregon border. Although 
some low degree of introgression indicates occasional past movement of 
individuals between coastal and inland populations, the evidence 
suggests this was an infrequent occurrence (Schwartz et al., In prep.); 
thus, the coastal Oregon and coastal northern California populations of 
Pacific martens are effectively genetically discrete from other 
populations of Pacific marten.
    In summary, the best available information indicates that Pacific 
marten populations in coastal Oregon and coastal northern California 
are geographically isolated and genetically discrete from all other 
populations of the Pacific marten. Therefore, the marked separation 
condition for discreteness under our DPS Policy is met.
Significance
    If a population segment is considered discrete under one or more of 
the conditions described in the Service's DPS Policy, its biological 
and ecological significance will be considered in light of 
Congressional guidance that the authority to list DPSs be used 
``sparingly'' (see Senate Report 151, 96th Congress, 1st Session) while 
encouraging the conservation of genetic diversity. In making this 
determination, we consider available scientific evidence of the DPS's 
importance to the taxon to which it belongs.
    Because precise circumstances are likely to vary considerably from 
case to case, the DPS Policy does not describe all the classes of 
information that might be used in determining the biological and 
ecological importance of a discrete population. However, the DPS Policy 
describes four possible classes of information that provide evidence of 
a population segment's biological and ecological importance 
(significance) to the taxon to which it belongs. This consideration of 
the population segment's significance may include, but is not limited 
to, the following:
    (1) Persistence of the discrete population segment in an ecological 
setting unusual or unique to the taxon;
    (2) Evidence that loss of the discrete population segment would 
result in a significant gap in the range of a taxon;
    (3) Evidence that the discrete population segment represents the 
only surviving natural occurrence of a taxon that may be more abundant 
elsewhere as an introduced population outside its historical range; or
    (4) Evidence that the discrete population segment differs markedly 
from other populations of the species in its genetic characteristics.
    To be considered significant, a population segment needs to satisfy 
only one of these conditions. Other classes of information that might 
bear on the biological and ecological importance of a discrete 
population segment may also be used as appropriate, to provide evidence 
for significance, as described in the DPS Policy (61 FR 4722; February 
7, 1996). At least two of the significance criteria are met for the 
marten populations in coastal Oregon and coastal northern California. 
First, we find that populations of Pacific martens in coastal Oregon 
and coastal northern California differ markedly from other populations 
of the Pacific marten species in their genetic characteristics. As 
described above under ``Discreteness,'' the coastal Oregon and coastal 
northern California populations of Pacific martens are genetically 
distinct from all other populations of Pacific martens (Schwartz et 
al., In prep.). As a result, loss of the marten populations from 
coastal Oregon and coastal northern California would result in a 
reduction in Pacific marten genetic diversity. Second, we find that the 
loss of martens from coastal Oregon and coastal northern California 
would result in a significant gap in the range for the Pacific marten. 
The coastal populations of martens in California and Oregon represent 
the only coastal populations of Pacific martens in these States and 
inhabit a habitat association unique from other non-coastal marten 
populations--that is, areas consisting of occasional, non-persistent 
snowpack (below 914 meters (m) (3,000 feet (ft)) with a mesic, shade-
tolerant shrub layer (understory) within coastal coniferous forest 
habitat (see ``Life History'' section of the Species Report). The 
requirement of this dense (greater than 70 percent cover), shrubby 
understory is particularly unusual for martens, and is a unique habitat 
association not described elsewhere in the distribution of either 
Pacific martens or American martens in North America (Slauson et al., 
In prep.(a)). The coastal Oregon and coastal northern California 
populations of Pacific martens are also the only martens known to 
utilize coastal serpentine habitat and dune forest habitat distributed 
on coastal terraces. These genetic differences and the evidence that a 
significant gap in the range of the taxon would result from the loss of 
the discrete population segment both individually satisfy the 
significance criterion of the DPS Policy. Therefore, under the 
Service's DPS Policy, we find that the populations of Pacific martens 
in coastal Oregon and coastal northern California are significant to 
the taxon to which they belong.
Conclusion of DPS Analysis Regarding Pacific Martens in Coastal Oregon 
and Coastal Northern California
    As stated above under Current Taxonomic Description, the best 
available scientific and commercial information suggests that the 
coastal Oregon populations of Pacific marten (Martes caurina caurina) 
are likely the same entity as the currently classified Humboldt marten 
(M. c. humboldtensis). We find that the coastal Oregon and coastal 
northern California populations of Pacific martens collectively 
constitute a valid DPS under the Service's DPS Policy because this 
population segment is both discrete and significant to the taxon to 
which it belongs. We therefore consider the coastal Oregon and coastal 
northern California populations of Pacific martens collectively as the 
``coastal DPS of the Pacific marten,'' which constitutes the listable 
entity for this status review. Throughout this document when we use the 
term ``coastal marten,'' we are using this term as shorthand for the 
coastal DPS of the Pacific marten.

Summary of Species Information

    A thorough review of the taxonomy, life history, biophysical 
environment, habitat use, distributions, and population abundance/
trends of the coastal DPS of Pacific marten is presented in the Species 
Report (Service 2015, pp. 1-40) available on the Internet at http://www.regulations.gov, Docket No. FWS-R8-ES-2011-0105). A summary of this 
information is presented below. We used data specific to coastal marten 
populations when they were available; when such information was 
lacking, we relied on information regarding North American martens in 
general (American or Pacific martens), and have made these distinctions 
in the text that follows.
Life History
    Two species of marten, divided into 14 total subspecies, inhabit 
North America. Collectively, North American martens are characterized 
by the long and narrow body type typical of the mustelid family 
(Mustelidae; e.g., weasels, minks, otters and fishers), overall brown 
pelage (fur) with distinctive coloration on the throat and upper chest 
that varies from orange to yellow to cream, large and distinctly

[[Page 18747]]

triangular ears, and a bushy tail that is proportionally equivalent to 
about 75 percent of the body length (Clark et al. 1987, p. 2; Powell et 
al. 2003, p. 636).
    Marten activity patterns coincide with their prey species 
availability. Specifically, martens are active year-round and 
seasonally adjust their activity patterns to synchronize with those of 
their key prey species (Zielinski et al. 1983, pp. 387-388). Overall, 
the diet of North American marten species is dominated by mammals, but 
birds, insects, and fruits are seasonally important (Martin 1994, pp. 
298-301). Diet analysis for the coastal marten is currently limited to 
scats collected from the coastal northern California population during 
summer and fall, and includes mammals, berries, birds, and reptiles 
(Slauson and Zielinski, In prep.). Sciurid (members of the squirrel 
family) and cricetid rodents (i.e., New World rats and mice) dominate 
the coastal marten's diet, with the most frequent prey species being 
chipmunks (Tamias spp.) and red-backed voles (Myodes californicus), 
and, to a lesser extent, Douglas squirrels (Tamiasciurus douglasii) and 
flying squirrels (Glaucomys sabrinus) (Slauson and Zielinski, In 
prep.).
    Information on coastal marten reproduction and survivorship is 
lacking; therefore our analysis is based on knowledge of North American 
martens in general, which are polygamous mammals. Female martens mate 
no sooner than 15 months of age and first litters are produced no 
sooner than 24 months of age (Strickland et al. 1982, p. 601). Mating 
occurs from late June to early August (Markley and Bassett 1942, pp. 
606-607), and females give birth in March and April (Strickland et al. 
1982, p. 602). Female martens are capable of producing from one to five 
kits per litter, but the modal average is two to three (Strickland and 
Douglas 1987, p. 602; Mead 1994, p. 410). Information is not available 
on the average number of young raised to weaning, the average number of 
young recruited into the population per female, or the effects of 
annual variation in environmental conditions and prey populations on 
kit survival. Regarding longevity, captive Pacific martens are known to 
reach 15 years of age (Clark et al. 1987, p. 3); however, data from 
American marten individuals in the wild in the Algonquin Region of 
Ontario, Canada, indicate that 10 percent (of 2,076 females trapped) 
were more than 5 years old (Strickland and Douglas 1987, p. 535). 
Finally, age structure of coastal martens has not been studied, 
although the best available information from an untrapped population of 
Pacific martens in the Sierra Nevada mountains indicates relatively 
consistent proportions of yearling and adult age classes (Slauson et 
al., In prep.(a)).
    Juvenile dispersal of the American marten is generally thought to 
occur as early as August, although fall, winter, and spring (the year 
after birth) dispersal periods have been reported (Clark and Campbell 
1976, p. 294; Slough 1989, p. 993). Juvenile dispersal in coastal 
northern California and Sierra Nevada martens has been observed to 
occur as early as August and continues at least until the following 
summer season (Slauson and Zielinski 2014, unpubl. data). Information 
is not available regarding the timing of juvenile dispersal for coastal 
martens in Oregon. Pauli et al. (2012, p. 393) found that Pacific and 
American martens exhibit similar dispersal distances, averaging 15.5 km 
(9 mi). Most studies find that the majority of juvenile martens 
disperse relatively short distances to establish home ranges, ranging 
from less than or equal to 5 km (3.1 mi) (Broquet et al. 2006, p. 
1,694) to approximately 15 km (9.3 mi) (Phillips 1994, pp. 9394; Pauli 
et al. 2012, p. 393). However, Broquet et al. (2006, p. 1695) also 
describe juvenile martens as capable of covering long distances during 
dispersal, up to 82 km (50 mi) in their study. Other researchers have 
reported instances of dispersal movements by martens ranging from 40 to 
80 km (25 to 50 mi) (Thompson and Colgan 1987, pp. 831-832; Fecske and 
Jenks 2002, p. 310), up to 149 km (93 mi) or even 160 km (100 mi) in 
distance (Slough 1989, p. 993; Kyle and Strobeck 2003, p. 61). Based on 
minimal genetic structuring of marten populations in a heavily 
harvested forest landscape, Kyle and Strobeck (2003, pp. 60-61) 
suggested that habitat fragmentation may not necessarily impede marten 
movement to the degree formerly understood. However, Kyle and Strobeck 
(2003, p. 65) also caution that smaller scale disturbances may still 
act as partial barriers to marten gene flow. Johnson (2008, pp. 33-36) 
found that juvenile martens traveled slower, shorter distances, and 
suffered twice the mortality risk in logged versus unlogged landscapes. 
Therefore, the best available information suggest that landscape 
condition (e.g., the spatial distribution of unlogged and logged 
stands) has important effects on dispersal dynamics, affecting both the 
distance dispersers can travel and the success rate they have in 
establishing home ranges and surviving to adulthood.
    Intraguild predation and interspecific competition occurs naturally 
within the range of the coastal DPS of Pacific marten. Intraguild 
predation refers to killing and eating of potential competitors that 
utilize the same prey resources. Interspecific competition is a form of 
competition in which individuals of a different species compete for the 
same resource in an ecosystem (as opposed to intraspecific competition 
that involves organisms of the same species). Martens are susceptible 
to predation by larger mammalian and avian predators, typically 
habitat-generalist species, including coyote (Canis latrans), red fox 
(Vulpes vulpes), bobcat (Felis rufus), fishers (Pekania pennanti), and 
great horned owl (Bubo virginianus) (Thompson 1994, p. 276; Lindstrom 
et al. 1995, entire; Bull and Heater 2001, p. 4; McCann et al. 2010, p. 
11). Marten predators may vary depending on the quality of the habitat. 
For example, American marten populations in highly altered forest 
landscapes show higher rates of predation by habitat generalist 
carnivores (and lower annual survival rates) than those in less-altered 
forest landscapes (Thompson 1994, p. 278)). Because marten populations 
are strongly influenced by adult and juvenile survivorship (Buskirk et 
al. 2012, p. 89), predation of martens can have a meaningful effect on 
abundance and population growth rates. Additional discussion on 
predation as a stressor on the coastal marten is provided below in 
Summary of Information Pertaining to the Five Factors.
Habitat Description
    The preferred habitat type for the coastal DPS of Pacific marten 
occurs in some of the most productive forests in the world. In 
unmanaged, late-seral stages, these forests are typically composed of 
long-lived, large trees, with multi-layered canopy structure, 
substantial large woody debris (standing and downed), and abundant 
ferns, herbs, and shrubs on the forest floor (Sawyer et al. 2000, 
entire; Chappell et al. 2001, entire; Sawyer 2007, entire; DellaSala et 
al. 2011, entire). The forests are largely coniferous and typically 
dominated by coast Douglas-fir (Pseudotsuga menziesii menziesii), 
western hemlock (Tsuga heterophylla), and Sitka spruce (Picea 
sitchensis) in Oregon, and redwood (Sequoia sempervirens) and coast 
Douglas-fir in California (Ricketts et al. 1999, entire; Sawyer 2007, 
entire). Higher elevation areas also include sub-dominant conifers such 
as western red cedar (Thuja plicata), Port Orford-cedar (Chamaecyparis 
lawsoniana), grand fir (Abies grandis), sugar pine (Pinus lambertiana), 
and white fir (Abies

[[Page 18748]]

concolor) (Chappell et al. 2001, entire; Sawyer 2007, entire). 
Hardwood-dominated stands are uncommon, although hardwood species such 
as tanoak (Notholithocarpus densiflorus), golden chinquapin 
(Chrysolepis chrysophylla), and Pacific madrone (Arbutus menziesii) are 
common canopy subdominants. Red alder (Alnus rubra) can occur as an 
early successional overstory dominant in the uplands in some near-coast 
locations or post-logging sites. Riparian forests are dominated by 
broadleaf species such as red alder, black cottonwood (Populus 
trichocarpa), bigleaf maple (Acer macrophyllum), and mesic shrub 
species such as vine maple (A. circinatum).
    A dense understory of shrubs and herbaceous plants are a key 
habitat requirement for the coastal marten (see ``Habitat Use'' section 
of the Species Report (Service 2015, pp. 18-27)). Species presence and 
dominance is shaped largely by the combination of soil nutrients and 
moisture, with herbaceous species such as sword fern (Polystichum 
munitum) dominating on nitrogen rich or very moist sites, and evergreen 
shrubs such as Pacific rhododendron (Rhododendron macrophyllum) and 
salal or wintergreen (Gaultheria sp.) dominating on nutrient poor or 
drier sites (Chappell and Kagan 2001, entire). Other dominant or co-
dominant understory shrub species include evergreen huckleberry 
(Vaccinium ovatum), salmonberry (Rubus spectabilis), red huckleberry 
(Vaccinium parvifolium), and in serpentine habitats (see description 
below) dwarf tanbark (Notholithocarpus densiflorus var. echinoides) and 
huckleberry oak (Quercus vaccinifolia) (Jimerson et al. 1996, pp. A13-
A15; Sawyer et al. 2000, entire; Chappell et al. 2001, entire). Many of 
the dominant shrub species are adapted to fire by having lignotubers, 
which are basal swellings at the interface between the roots and shoots 
usually just below the soil surface, allowing these species to quickly 
sprout after fire kills the shoots and thus maintain site dominance 
(Agee 1993, p. 133).
    Two additional, rare forest habitats are of particular relevance to 
coastal martens: Coastal serpentine and coastal dune forest. Forests in 
serpentine habitats are typically open and rocky with stunted trees 
that contrast sharply with the dense, rapidly-growing stands on more 
productive, non-serpentine soils that surround these sites (Jimerson et 
al. 1995, pp. A8-A31). Martens are not known to occupy these more open, 
drier, interior areas. However, on the extreme coastal edge of the 
serpentine habitats that occur in coastal northern California and 
coastal Oregon, increased moisture and summer fog supports dense, 
spatially-extensive shrub layers; coastal martens have been found in 
this wetter variant of coastal serpentine habitat in both Oregon and 
California. The serpentine communities used by coastal martens are 
composed of a variety of coniferous trees, such as Douglas-fir, sugar 
pine, lodgepole pine (Pinus contorta), western white pine (P. 
monticola), Jeffrey pine (P. jeffreyi), knobcone pine (P. attenuatta), 
and Port Orford-cedar, and are dominated by mast-producing shrubs such 
as dwarf tanbark, huckleberry oak, and red huckleberry (Jimerson et al. 
1995, p. C1; Slauson 2003, pp. 5, 9, 13). The coastal dune forest 
communities where coastal martens have been found are predominantly in 
coastal Oregon and are typically dominated by shore pine (P. contorta 
contorta), the coastal form of lodgepole pine, and in some areas co-
dominated by Sitka spruce occurring in stabilized dunes on marine 
terraces. Although martens have been found in these less-common habitat 
types, it is important to note that the more extensive dominant forest 
types (i.e., coastal coniferous forests) support the majority of the 
historical marten distribution in coastal Oregon and coastal northern 
California.
    Coastal martens select habitat at four primary spatial scales: 
Micro-scale (resting and denning structures), stand-scale, home range, 
and landscape-scale (facilitating movement, occupancy, and population 
dynamics).
    (1) Micro-scale--Rest structures are used daily by martens between 
foraging bouts to provide thermoregulatory benefits and protection from 
predators (Taylor and Buskirk 1994, pp. 253-255). Reuse rates for 
individual rest structures are low and selection for structure type 
changes seasonally to meet thermoregulatory needs (e.g., Spencer 1987), 
such that multiple resting structures meeting seasonal requirements are 
required across the home range. Large-diameter live trees, snags, and 
logs provide the main types of resting structures for martens (Spencer 
et al. 1983, pp. 1182-1185; Schumacher 1999, pp. 26-58; Slauson and 
Zielinski 2009, pp. 41-42). Denning structures used by female martens 
to give birth to kits are called natal dens, and the subsequent 
locations where they move their kits are referred to as maternal dens. 
Ruggiero et al. (1998, pp. 665-669) found that both the characteristics 
of the den structures and the characteristics of the stands in which 
they were found influenced den-site selection. This is likely due to 
the importance of high-quality foraging habitat in close proximity to 
den sites, allowing females to simultaneously maximize the energy they 
gain from foraging during lactation and minimize the time spent away 
from kits, especially when they are dependent on their mothers for 
thermoregulation. The most common den structures used by Pacific and 
American martens are large-diameter, live and dead trees with cavities 
(Thompson et al. 2012, p. 223).
    (2) Stand-scale--Martens select forest stands that provide habitat 
structure supporting one or more life history needs that include 
foraging, resting, or denning. Coastal martens in California most 
strongly selected stands of old-growth, conifer-dominated forests with 
dense shrub layers (Slauson et al. 2007, pp. 464-465). Other than the 
late-mature developmental stage, which was used in proportion to its 
availability, stands in earlier developmental stages were selected 
against (Slauson et al. 2007, pp. 462-464). These old-growth and late-
mature stands most often were dominated by Douglas-fir overstory, but 
also had mature hardwood understories composed of either tanoak or 
golden chinquapin. Shrub layers were dense (greater than 70 percent 
cover), spatially extensive, and dominated by evergreen huckleberry, 
salal, and rhododendron (Slauson et al. 2007, p. 465). The majority of 
detections of martens in coastal southern Oregon share these same stand 
characteristics (Zielinski et al. 2001, p. 485).
    (3) Home Range--Pacific and American martens exhibit strong habitat 
selection at the home range scale, suggesting that this scale of 
selection most directly influences an individual's fitness (Thompson et 
al. 2012, p. 210). Martens establish home ranges to encompass their 
year-round resource needs and, during the breeding season, gain access 
to members of the opposite sex. Marten home ranges are often positioned 
to maximize high-quality habitat (typically greater than 70 percent 
high-quality, late-successional forest (reviewed in Thompson et al. 
2012, p. 218)) and to minimize low-quality habitat (e.g., recent clear 
cuts, partial harvest) (Phillips 1994, pp. 59-60). Females, due to 
their solitary role raising young, have unique needs that require 
access to suitable den sites located near reliable and nearby prey 
resources to support the energetic demands of lactation and providing 
food for kits. In coastal northern California, Slauson and Zielinski 
(2014, unpubl. data) found 97 percent (38 of 39) of the female within-
home-range resting and active locations occurred in the core old-growth 
and late-mature

[[Page 18749]]

riparian habitat patches. In comparison, 77 percent (30 of 39) of the 
male within-home-range resting and active locations occurred in the 
core old-growth and late-mature riparian habitat patches (Slauson and 
Zielinski 2014, unpubl. data). Also of note is that there is an inverse 
relationship between the amount of high-quality habitat and marten home 
range size (i.e., as the amount of high-quality habitat decreases, home 
range size increases) (Thompson 1994, p. 276; Potvin and Breton 1997, 
p. 462; Fuller and Harrison 2005, pp. 715-719).
    (4) Landscape-scale--The pattern and composition of habitat at this 
scale affects: (a) The ability of martens to successfully disperse and 
find suitable home ranges; (b) survival and species occurrence over 
time and space; and (c) ultimately, population size and persistence. 
Successful dispersal requires the existence of functional habitat 
connectivity between patches of habitat suitable for reproduction to 
maintain or expand population size and distribution. Also, during 
dispersal, martens use a search strategy that is not random or linear, 
suggesting they are responding to habitat cues and that landscape 
pattern likely influences movement trajectories (Johnson 2008, pp. 27-
29, 36-39). Compared to other species closely associated with late-
successional forest, American and Pacific marten populations, including 
the coastal marten, are sensitive to the loss or fragmentation of high-
quality habitat at the landscape scale. For example, martens exhibit a 
progression of responses to timber harvest as the proportion of habitat 
affected by intensive logging activities increases. Such activities 
include, but are not limited to, clear cutting (see review in Thompson 
et al. 2012), partial harvest (Potvin et al. 2000, pp. 851-854; Fuller 
and Harrison 2005, pp. 715-716; Godbout and Ouellet 2008, pp. 336-338), 
and shelterwood cutting (Ellis 1998, p. 41-49). As a result, the 
combination of habitat loss and fragmentation of remnant suitable 
habitat effectively lowers the density of martens by reducing the 
number of home ranges that can be supported (Thompson 1994, p. 276).

Historical and Current Distribution of Coastal Martens and Suitable 
Habitat

    At the time of European settlement, the coastal marten occurred in 
all coastal Oregon counties and the coastal northern counties of 
California within late-successional coniferous forests. The majority of 
historical (pre-1980) verifiable marten detections (i.e., occurrence 
records supported by direct physical evidence such as tracks, 
photographs, and carcasses) were within the fog-influenced coastal 
coniferous forest as opposed to interior forests (Grinnell and Dixon 
1926, p. 413). Specifically, Slauson and Zielinski (2007, p. 241) 
reported 83 percent of the coastal northern California marten 
historical records occurring less than 25 km (15 mi) from the coast and 
no records occurring greater than 35 km (22 mi) from the coast, while 
our analysis (see Service 2015, pp. 6, 31) revealed greater than 90 
percent of the coastal Oregon marten historical records occurring 
closer to the coast than to the interior portions of the coastal 
marten's range. Historical abundance of coastal martens is unknown. 
However, as is typical of mammalian carnivores, coastal martens likely 
never occurred in high densities.
    Unregulated fur trapping occurred throughout the coastal marten's 
historical range, and by the late 1920s, few marten were captured where 
they were once considered relatively abundant (Zielinski and Golightly 
1996, entire). A marked decline in the number of coastal marten 
harvested in coastal northern California led to the closure of marten 
trapping in northwestern California in 1946. In Oregon, marten fur 
trapping remains legal Statewide. Historical fur trapping is thought to 
have resulted in a significant contraction of coastal marten 
distribution and the extirpation of coastal marten from large portions 
of its historical range. Although we can make conclusions about the 
general historical distribution of coastal martens, information on 
historical population size is not available, thus precluding an 
accurate assessment of the impact of unregulated trapping on coastal 
marten population abundance.
    Due to the lack of surveys for coastal martens, little information 
is available regarding their current distribution; this is particularly 
true for coastal Oregon. We do know, however, that there are at least 
three extant populations of coastal martens, one in coastal northern 
California, one in coastal southern Oregon, and one in coastal central 
Oregon, as described in detail below, and we have information regarding 
the extent of suitable habitat that is currently available to coastal 
martens throughout their range. It is therefore possible that coastal 
martens may occur in any of these areas of suitable habitat that have 
not been surveyed, or have been surveyed only sporadically. Here we 
briefly describe the areas of suitable habitat available to coastal 
martens.
    Slauson et al. (In prep.(b)) developed a landscape habitat 
suitability model that we used to assess how much suitable habitat is 
currently available to coastal martens. The model was developed by 
identifying the combination of environmental, topographic, disturbance 
history, and vegetation variables that best described the distribution 
of marten detection/non-detection survey data. Specifics regarding 
model development and variables can be found in the ``Current Landscape 
Habitat Suitability'' section of the Species Report (Service 2015, pp. 
26-27). The model categorizes the landscape into low, medium, and high 
suitability classes representing the relative probability of marten 
occupancy of habitat at the landscape scale.
    Model results indicate that approximately 41 percent of the coastal 
marten's historical range contain suitable habitat (described as low, 
medium, and high suitability habitat) for coastal martens (see 
``Current Landscape Habitat Suitability'' section of the Species 
Report). The model identified approximately 59 percent of the remaining 
lands within the historical range of the coastal marten to be 
unsuitable, which includes (but is not limited to) forested habitat 
that is not utilized by martens (e.g., heavily managed timber lands), 
urban and suburban developments, and agricultural lands. However, it is 
important to note that, for the purposes of this analysis, we 
considered ``low suitability habitat'' as defined in this model to be 
``unsuitable'' when examining the current and long-term stressors to 
the coastal marten and its habitat into the future. In other words, in 
evaluating stressors to the coastal marten and its habitat, we 
considered only areas that provide moderate- to high-suitability 
habitat as identified by the model. We came to this conclusion based on 
feedback from the species experts (Slauson et al., In prep.(a)) who 
indicate that these ``low suitability habitat'' areas currently have a 
low probability of coastal marten occurrence. Including these areas as 
suitable habitat for the purposes of this analysis would bias the 
amount of actual suitable habitat present both currently and in the 
future.
    Much of the coastal marten's historical habitat has been lost. 
Extensive logging of old-growth redwood habitat in coastal northern 
California began in the late 1800s, and coincided with unregulated fur 
trapping. Late-successional coniferous forests in coastal Oregon were 
also extensively harvested in the early 1900s. Currently, less than 5 
percent of the redwood forests existing at the time of European 
settlement remain within the

[[Page 18750]]

historical range of the coastal marten in coastal northern California 
(Save the Redwoods League 2015, no page number). Based on the best 
available information, much of the coastal coniferous forest habitat in 
both States, especially within a few miles of the coast, appears to be 
currently owned (in general) by either private industrial timber 
companies or smaller land owners, and managed for timber production.
    Within the coastal marten's historical range, the majority of 
remaining late-successional coniferous forests suitable for the coastal 
marten is within national forests, and national and State parks. Where 
martens are known to occur, relatively high amounts of moderate- to 
high-suitability habitat are still found, and much of this habitat 
occurs in areas that are managed for the maintenance or enhancement of 
late-successional forest conditions that are beneficial to coastal 
martens. For example, approximately 71, 79, and 90 percent of the total 
available suitable habitat on Federal lands in the coastal central 
Oregon, coastal southern Oregon, and coastal northern California 
population areas, respectively, occur within the Northwest Forest Plan 
(NWFP) Federal reserve lands, which are designed to retain and 
accelerate the development of late seral characteristics. Currently, 
the largest contiguous blocks of suitable coastal marten habitat occur 
within the Six Rivers National Forest in the extreme northern portion 
of the historical range in California, and in the adjacent Siskiyou 
portion of the Rogue River-Siskiyou National Forest in the southern 
portion of the historical range in Oregon. Large blocks of suitable 
habitat also occur in coastal central Oregon on the Siuslaw National 
Forest. Little suitable habitat is currently found in the southern half 
of the historical range in California. In the coastal northern portion 
of the historical range in Oregon, suitable habitat is limited to a 
narrow band along the coast. Finally, in the area between the Siskiyou 
and Siuslaw National Forests in the historical range in Oregon, there 
is some limited amount of suitable habitat on BLM ownership. Habitat 
conditions specific to each of the known extant population areas of 
coastal martens are discussed below.
Distribution and Abundance of Current Known Extant Populations
    There are three known extant populations of coastal martens in 
coastal central Oregon, coastal southern Oregon, and coastal northern 
California, according to the best available scientific and commercial 
data (Figure 1; see section 8.1.2 (Delineation of Extant Population 
Areas) of the Species Report (Service 2015, p. 32)). These populations 
have been described as disjunct (e.g., Slauson and Zielinski 2009, pp. 
35-36). Survey effort has been limited in some portions of the coastal 
marten's range, however. Therefore, it is unknown whether additional 
coastal martens may be found in areas that have not yet been surveyed. 
In addition, a few coastal marten verifiable detections occur outside 
these three population areas, but these martens are currently not 
considered part of any known viable population (Slauson et al., In 
prep.(a)). Surveys for martens have occurred in much of the California 
portion of the historical range and suitable interior habitat in 
southwestern Oregon, although minimal survey effort has occurred in 
coastal central Oregon and no surveys have occurred in coastal northern 
Oregon (see Figure 8.2 in the Species Report).
BILLING CODE 4310-55-P

[[Page 18751]]

[GRAPHIC] [TIFF OMITTED] TP07AP15.011

BILLING CODE 4310-55-C

Coastal Central Oregon Extant Population Area

    This 4,150-km\2\ (1,602-mi\2\) population area includes all 
coastal-draining watersheds from the Umpqua River north to the Yaquina 
River in Lincoln, Benton, western Lane, western Douglas, and 
northwestern Coos Counties. Lands within this extant population area 
are owned/managed by Siuslaw National Forest (41 percent), private 
landowners (40 percent), Bureau of Land Management (BLM; 10 percent), 
and Oregon Department of Forestry (ODF) and Oregon State Parks (9 
percent). A total of approximately 2,348

[[Page 18752]]

km\2\ (907 square miles (mi\2\); 56 percent) of the extant population 
area contains moderate- and high-suitability habitat (Service 2015, p. 
33) for coastal martens. Of the currently available moderate- and high-
suitability habitat, 23 percent is in private ownership and 71 percent 
is in Federal ownership, and 71 percent of the Federal lands are in 
Reserves, which are managed for late-seral characteristics (Service 
2015, p. 76). The best available information suggests that most of the 
private forest land is owned by private, industrial timber companies 
(Lettman 2011, p. 33).
    This population area comprises approximately 20 percent coastal 
marten habitat of high suitability, 36 percent of moderate suitability, 
22 percent of low suitability (which has low probability of coastal 
marten occurrence currently and into the future), and 21 percent 
unsuitable (Slauson et al., In prep.(b)). In total, suitable marten 
habitat composes 78 percent of the population area. However, we note 
that the model (which used data from northwest California and southwest 
Oregon) generated suitable habitat values for this population area that 
did not include coastal dune habitat, which is considered suitable for 
coastal martens based on visual observations and the presence of 
several verifiable marten detections (Slauson et al., In prep.(a)). 
Thus the amount of potentially suitable habitat for coastal martens 
identified by the habitat model is an underestimate for this population 
area.
    Population abundance information is not available for the coastal 
central Oregon population of coastal martens. Although only a single 
station had been surveyed in this population area since the late 1980s, 
presence/absence surveys began in this area in the summer of 2014. One 
marten was detected in 2014 (Slauson et al. 2014, unpubl. data), and 
six more were detected in January and February 2015; as of the time of 
this publication, surveys in this area are ongoing (Moriarty 2015, 
pers. comm.). The area surveyed represents only about 4 percent of the 
currently delineated coastal central Oregon population area described 
herein, and 2014 was the first year of survey effort in this area. 
Based on the results to date and the availability of suitable habitat 
in this area, it is likely that more martens will be detected in this 
area as surveys continue.
    Abundance or trend information is not available for any populations 
of coastal martens in Oregon. Although researchers note that martens in 
this area have likely declined relative to their historical condition, 
they cite to insufficient historical or contemporary data to allow 
evaluation of the status of martens in the coastal mountain ranges of 
central and northern Oregon (Zielinski et al. 2001, p. 486). There are 
no data available for estimating current population abundance or trend 
for the coastal central Oregon population, and although survey efforts 
recently began in this area, data from these surveys will only be 
informative in terms of establishing presence or absence of coastal 
martens. Zielinski et al. (2001, pp. 486-487) could only suggest that 
marten numbers may be relatively low on the northern Oregon coast, 
based on the absence of reported road kills along coastal Highway 101 
in this area, in contrast to several road-killed martens reported from 
the same highway in central Oregon. In sum, although coastal martens 
have likely declined relative to their historical abundance due to the 
past effects of overtrapping and timber harvest (Zielinski et al. 2001, 
p. 487), there are no empirical data on which to base an estimate of 
either current population abundance or trend of martens on the central 
Oregon coast.

Coastal Southern Oregon Extant Population Area

    This 4,696-km\2\ (1,813-mi\2\) population area includes Chetco 
River, Pistol River, south Fork Rough and Ready Creek, and the North 
Fork Smith River watersheds in Curry, western Josephine, and southern 
Coos Counties. Lands within this population area are owned/managed by 
Rogue River-Siskiyou National Forest (78 percent), private landowners 
(13 percent), BLM (8 percent), and ODF (less than 1 percent). A total 
of approximately 3,641 km\2\ (1,406 mi\2\; 78 percent) of the extant 
population area contains moderate- and high-suitability habitat 
(Service 2015, p. 35). As stated above for the coastal central Oregon 
population area, present moderate- and high-suitability habitat on 
private lands is expected to be harvested or not likely to retain late-
seral characteristics into the future. Of the currently available 
moderate- and high-suitability habitat in the coastal southern Oregon 
population area, 10 percent is private ownership and 90 percent is 
Federal ownership, and 79 percent of the federally managed lands are 
Federal Reserves, which are managed for late-seral characteristics 
(Service 2015, p. 76). The best available information suggests that 
most of the private forest land is owned by private, industrial timber 
companies (Lettman et al. 2011, p. 33).
    This population area comprises approximately 52 percent coastal 
marten habitat of high suitability, 26 percent of moderate suitability, 
17 percent of low suitability, and 5 percent unsuitable (Slauson et 
al., In prep.(b)). In total, suitable marten habitat composes 95 
percent of the population area.
    Similar to the situation for the coastal central Oregon population, 
described above, population abundance information is not available for 
the coastal southern Oregon population of coastal martens. Although 
extensive grid-based surveys (which are used to estimate marten 
abundance or presence/absence) have not been conducted for this 
population, grid-based surveys began in this area in the summer of 
2014. No coastal martens were detected in 2014 (Slauson et al. 2015, 
unpubl. data), but surveys just beginning at the time of this 
publication have yielded a single marten detection (Moriarty 2015, 
pers. comm.). The area surveyed represents only a small portion of the 
currently delineated coastal southern Oregon population area described 
herein, and 2014 represented the first year of survey effort in this 
area. At this time, similar to the coastal central Oregon population 
area, there are no empirical data on which to base an estimate of 
either current population abundance or trend of martens on the southern 
Oregon coast.

Coastal Northern California Extant Population Area

    This 812-km\2\ (313-mi\2\) population area includes the south Fork 
of the Smith River, Blue Creek, Bluff Creek, Camp Creek, Cappell Creek, 
Pecwan Creek, Slate Creek, and Rock Creek (Siskiyou County, north of 
Orleans, California) watersheds in Del Norte, northern Humboldt, and 
western Siskiyou Counties. Lands within this population area are owned/
managed by the U.S. Forest Service (Forest Service) (Klamath National 
Forest and Six Rivers National Forest; 65 percent); the Yurok Tribe of 
the Yurok Reservation, California (Yurok Tribe; 23 percent); private 
landowners, primarily Green Diamond Resource Company (11 percent); and 
Redwood National and State Parks (1 percent). A total of approximately 
656 km\2\ (253 mi\2\; 81 percent) of the extant population area 
contains moderate- and high-suitability habitat (Service 2015, p. 75). 
Currently present moderate- and high-suitability habitat on private 
lands is expected to be harvested or not likely to retain late-seral 
characteristics into the future. Of the currently available moderate- 
and high-suitability habitat in the coastal northern California 
population area, 11 percent is private ownership and 77

[[Page 18753]]

percent is Federal ownership, and 90 percent of the federally managed 
lands are Federal Reserves, which are managed for late-seral 
characteristics (Service 2015, p. 75). The best available information 
suggests that most of the private land is owned by private, industrial 
timber companies (Service 2014, unpubl. data).
    This population area comprises approximately 67 percent coastal 
marten habitat of high suitability, 14 percent of moderate suitability, 
7 percent of low suitability, and 12 percent unsuitable (Slauson et 
al., In prep.(b)). In total, suitable marten habitat composes 88 
percent of the population area.
    As reported in 1996 by Zielinski and Golightly (1996, entire), this 
coastal northern California population has apparently recovered from 
numbers that were once so low (in the 50 years prior to 1995) that it 
was considered to be extremely rare or extinct. Martens in coastal 
northern California were first surveyed to estimate abundance in 2000-
2001, and again in 2008 (Slauson et al. 2009b, p.11) and 2012 (Slauson 
et al. 2014, unpubl. data). A total of 31.5 martens (95 percent 
confidence interval = 24-40) were estimated for 2000-2001, and 20.2 
martens (95 percent confidence interval = 11-30) were estimated for 
2008, which represents a 42 percent decline in occupancy between those 
two time periods (Slauson et al. 2009b, pp. 10, 11). In 2012, all 
locations sampled in 2008 were resampled (Slauson et al., In prep.(a)). 
Preliminary occupancy estimates for the 2012 sampling were similar to 
results from 2008 (Slauson et al., In prep.(a)), suggesting no further 
changes in marten population abundance in northern coastal California 
between 2008 and 2012. Slauson et al. (2009b, p. 13) advised that these 
population estimates should be considered minimum estimates because the 
sampling area did not fully cover all potentially occupied habitats; 
therefore, they suggested more realistic population estimates should be 
doubled (i.e., 60 coastal martens in 2000-2001, and 40 in 2008). Based 
on these samples, Slauson et al. (2009b, p. 13) concluded that as of 
2008, it was likely that the entire coastal northern California 
population of martens contained fewer than 100 individuals. As noted 
above, subsequent survey efforts in 2012 indicated no further changes 
in estimated population size since that time; therefore, the best 
available data (preliminary estimates from surveys in 2012) suggest 
that the current population estimate for the coastal northern 
California population is similar to the estimate for 2008 (i.e., fewer 
than 100 individuals).

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and implementing regulations 
(50 CFR 424) set forth procedures for adding species to, removing 
species from, or reclassifying species on the Federal Lists of 
Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of 
the Act, a species may be determined to be an endangered or threatened 
species based on any of the following five factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    In making this finding, information pertaining to the coastal DPS 
of the Pacific marten in relation to the five factors provided in 
section 4(a)(1) of the Act is discussed below. In considering what 
factors might constitute threats to a species, we must look beyond the 
mere exposure of the species to a particular factor to evaluate whether 
the species may respond to that factor in a way that causes actual 
impacts to the species. If there is exposure to a factor but no 
response, or only a positive response, that factor is not a threat. If 
there is exposure and the species responds negatively, the factor may 
be a threat and we then attempt to determine if that factor rises to 
the level of a threat, meaning that it may drive or contribute to the 
risk of extinction of the species such that the species warrants 
listing as an endangered or threatened species as those terms are 
defined in the Act. However, the identification of factors that could 
impact a species negatively is not sufficient to compel a finding that 
the species warrants listing. The information must include evidence 
sufficient to suggest that these factors are operative threats that act 
on the species to the point that the species meets the definition of an 
endangered or threatened species under the Act.
    Potential stressors that may impact coastal martens in coastal 
Oregon and coastal northern California include actions that may affect 
marten individuals or populations (i.e., trapping (for fur and research 
purposes), predation, disease, collision with vehicles, and exposure to 
toxicants) and actions that may lead to the loss, degradation, or 
fragmentation of suitable marten habitat (i.e., wildfire, climate 
change, vegetation management, and development). To provide a temporal 
component to our evaluation of potential stressors (i.e., impacts into 
the future), we first determined whether we had data available that 
would allow us to reasonably predict the likely future impact of each 
specific stressor over time. Where such data were available, we made 
predictions of future conditions over a period of time specific to that 
stressor (i.e., wildfire, climate change, as described below). If we 
did not have such stressor-specific data available, we used IUCN's 
standard 3-generation timeframe to assess risk (International Union for 
Conservation of Nature (IUCN) 2014, pp. 14-21). Using a calculated 
marten generation time of 5 years (see the Species Report for more 
information on calculating marten generation time), this translated to 
a timeframe of 15 years, which we used in analyzing the foreseeable 
future for the majority of the stressors discussed below. This time 
period allows for analysis of multiple generations of coastal martens 
over a reasonable time period, as opposed to examining further into the 
future where assumptions or extensive uncertainty would not allow 
meaningful projections of potential future impacts.
    To assess the stressor of wildfire, we used a longer future period 
consisting of 30 years based on more extensive data available regarding 
wildfires from the past approximate 30 years. This information was used 
to predict the future equivalent level of expected fire frequency, 
size, and severity. Using a longer foreseeable future timeframe for 
wildfire better incorporates the range of fire-related activity that 
may occur within the coastal Oregon and coastal northern California 
population areas. To assess the stressor of climate change, we used a 
longer foreseeable future period of 40-50 years, which coincides with 
the model projection timeframes available for climate change (e.g., 
changes in temperature and precipitation) in coastal Oregon and coastal 
northern California. Climate projections beyond this approximate time 
period diverge with increasing uncertainty (see, e.g., Lenihan et al. 
2008, pp. 16-17), including uncertainties in the magnitude and timing, 
as well as regional details, of predicted climate change, especially at 
smaller scales (IPCC 2015, no page number), which is why we cannot 
reliably project future climate change effects beyond this timeframe.
    A thorough review of each of the potential stressors is presented 
in the Species Report (Service 2015, pp. 41-78), which is available on 
the Internet

[[Page 18754]]

at http://www.regulations.gov, Docket No. FWS-R8-ES-2011-0105. A 
summary of this information is presented below.
    Each potential stressor was evaluated to determine the likely 
impact to coastal martens or their habitat.
     A low-level impact indicates: (1) Individual martens in 
one or more populations may be impacted, but not at the population 
level; or (2) minimal loss, degradation, or fragmentation of suitable 
habitat.
     A medium-level impact indicates: (1) Individual martens in 
one or more populations are being impacted, likely resulting in a 
population-level impact; or (2) moderate loss, degradation, or 
fragmentation of suitable habitat.
     A high-level impact indicates: (1) Individual martens in 
one or more populations are being impacted, likely resulting in a 
significant population-level impact; or (2) significant loss, 
degradation, or fragmentation of suitable habitat.

Factor A--The Present or Threatened Destruction, Modification, or 
Curtailment of the Species' Habitat or Range

Wildfire
    Wildfire can impact individual coastal martens directly through 
mortality (Factor E); however, fires generally kill or injure a 
relatively small proportion of animal populations, particularly if they 
are mobile (Lyon et al. 2000, pp. 17-20), and the best available data 
do not indicate that wildfire is causing loss of individual martens. If 
direct mortality of individual martens occurs, we expect the impact to 
be discountable because martens are capable of rapid evacuation from an 
approaching fire, and adequate suitable habitat likely exists within 
their extant population areas to establish a new home range (provided 
the majority of the suitable habitat within the extant population area 
is not subjected to an overly large, high-severity wildfire).
    Wildfire is a major disturbance force of habitat within the range 
of the coastal marten in all but the wettest coastal forests and thus 
has been analyzed in terms of its effect on coastal marten habitat. 
Wildfire can affect the composition and structural characteristics of 
the forest communities at multiple spatial and temporal scales. Fire 
severity is often expressed in categories of high, medium, or low 
severity, as well as mixed severity. High-severity fire, also called 
stand-replacing fire, kills all or nearly all vegetation within a stand 
and may extend across a landscape (Jain et al. 2012, p. 47). Medium-
severity fire refers to fire that is intermediate in its effects 
between high-severity and low-severity fire; for example, a fire may 
kill scattered clumps of overstory trees within a stand. Low-severity 
fire burns at ground-level and does not kill most overstory trees, 
although it may consume understory vegetation and downed woody debris 
(Jain et al. 2012, p. 47). Finally, mixed-severity fire includes 
patches of low-severity fire and patches of high-severity fire (Jain et 
al. 2012, p. 47).
    Regional moisture gradients result in wildfires occurring more 
frequently with increasing distance from the coast and farther south in 
the coastal marten's range. The effect of fire on coastal marten 
habitat varies from high-severity fires that consume much or all of the 
structural features (e.g., large trees, snags, logs) that are important 
elements of suitable coastal marten habitat, requiring centuries to 
regrow, to low-severity fires that burn only the dense, shade-tolerant 
shrub layer preferred by the coastal marten (Slauson et al. 2009b, p. 
11). The shrub layer likely takes 1 to 2 decades to regrow to suitable 
size and density, depending on its fire resistance and adaptive 
response to disturbances (Slauson 2014, pers. comm.). However, some 
low-severity fires may burn ground cover without burning the dense, 
shade-tolerant shrub layer preferred by the coastal marten. Wildfires 
within the range of the coastal marten often burn at mixed severities 
(Landscape Fire and Resource Management Planning Tools Project 
(LANDFIRE) 2008a; LANDFIRE 2008b; LANDFIRE undated(a)), with some areas 
within the fire perimeter burning at a high severity, resulting in 
stand replacement, and other portions burning at low severity, 
resulting in the loss of only ground vegetation. Fire effects are 
complex; therefore, potential impacts of future wildfires on coastal 
marten suitable habitat are difficult to predict.
    Historical fire records indicate that, compared to the coastal 
central Oregon population area, the coastal northern California and 
coastal southern Oregon population areas (including adjacent or 
intervening areas) have experienced larger and more severe wildfires 
(Monitoring Trends in Burn Severity (MTBS; 2013, entire), both also 
experiencing many small (less than 0.4 hectares (ha) (1 acre (ac)) 
fires. The potential for severe, stand-replacing wildfire has increased 
in some areas where fire suppression and regeneration timber harvest 
(i.e., the intent to develop a new stand/forest) have played a role in 
raising fuel load to levels that place late-successional forest at 
increased risk (Forest Service and BLM 1994b, pp. 3, 4-49). Although 
fire suppression is known to contribute to the severity of wildfire in 
some areas, within at least parts of coastal northern California and 
coastal southern Oregon, fire suppression has had little effect on 
altering the structure and composition of the dominant forest types and 
has not caused an increase in high-severity fire compared to the 
historical patterns (Odion et al. 2004, pp. 933-935; Miller et al. 
2012, p. 200). In other words, the period of fire suppression may not 
be long enough to manifest such effects in coastal forest types where 
the return intervals for high-severity, stand-replacing fires are on 
the order of centuries (e.g., Veirs 1982, pp. 132-133; Oneal et al. 
2006, pp. 82-87).
    The best available historical fire information and the more xeric 
nature (i.e., environment containing little moisture) of the interior 
within the Klamath Ecoregion indicate that future loss, degradation, or 
fragmentation of moderate- and high-suitability coastal marten habitat 
from wildfires will likely result in a greater impact in the coastal 
southern Oregon and coastal northern California populations as compared 
to the coastal central Oregon population. However, the more coastal 
climate where most martens occur may have an ameliorating effect (e.g., 
increased humidity, reduced temperatures) on fires, reducing the size 
of fires in the coastal area compared to those more characteristic of 
the rest of the Klamath Ecoregion. Historical data between 1984 and 
2012 indicate that wildfires burned approximately 17 percent and 42 
percent of the combined moderate- and high-suitability coastal marten 
habitat within the coastal northern California and coastal southern 
Oregon population areas, respectively, with a few large fires 
responsible for the majority of burned suitable habitat (MTBS 2013, 
entire). We note that these wildfires burned at varying levels of 
severity; in other words, although some suitable habitat was lost as a 
result of the wildfires, varying levels of suitable habitat remain 
throughout the population areas, with moderate- and high-suitability 
habitat remaining within the wildfire perimeters after the fires were 
extinguished (Service 2014, unpubl. Geographic Information System (GIS) 
analysis).
    It is possible that fire frequency, size, and severity may increase 
in the future within coastal Oregon (both central and southern) and 
coastal northern California, based on projected increases in 
temperature and decreased precipitation (see ``Climate Change,'' 
below), with potentially greater

[[Page 18755]]

increases within coastal southern Oregon and coastal northern 
California based on the history of wildfire within these portions of 
the coastal marten's range. In contrast, little moderate- and high-
suitability coastal marten habitat has burned (historically, between 
1984 and 2012) within and adjacent to the coastal central Oregon 
population area (MTBS 2013, entire). Large, stand-replacing fires occur 
infrequently (at intervals greater than 200 to 250 years) within 
coastal central Oregon (Impara 1997, p. 92; Long et al. 1998, p. 786; 
Long and Whitlock 2002, p. 223l; LANDFIRE 2008a). In general, most 
fires that have recently occurred within the range of coastal marten 
have burned at mixed severity (e.g., LANDFIRE 2008a; LANDFIRE 2008b; 
LANDFIRE undated(a)), resulting in some areas burning at a lower 
intensity with loss of only ground or shrub understory vegetation, and 
retaining of a portion of the moderate- and high-quality habitat within 
the fire perimeters.
    In our initial development of the Species Report, we identified an 
overall low-level impact across the northern portion of the coastal 
marten's range, and a medium-level impact across the southern portion 
of the coastal marten's range (see section 9.2.3.1 in the Species 
Report). These overall impact levels were based on the probability of 
occurrence of a wildfire over a 15-year time period. When considering 
historical fire data over a 30-year time period to predict the future 
equivalent level of expected fire frequency, size, and severity (see 
Appendix A in the Species Report), the overall level of impact (i.e., 
probability of occurrence of a wildfire) is potentially the same. 
However, this impact level estimate does not take into account the 
historical fire data (e.g., LANDFIRE 2008a; LANDFIRE 2008b; LANDFIRE 
undated(a)) that show most wildfires burned at low severity and 
retained moderate- and high-quality habitat post-fire.
    Based on the analysis contained within the Species Report and 
summarized above, we expect that within the range of the coastal 
marten, the incidence of wildfire in the future will be similar to that 
recorded for 1984 to 2012. We note, however, that high-severity fires 
have been infrequent in the past and are considered to remain 
infrequent, overall, into the future. Our expectation is that fire 
frequency, size, and severity in the future will be fairly similar (or 
slightly higher in some areas based on climate change predictions). 
Based on these 30 years (i.e., 1984-2012) of data, we can reasonably 
estimate these effects will continue with the same approximate level of 
impact into the next 30 years as has occurred over the previous 30 
years (i.e., mixed severity wildfires will likely occur although most 
will be low severity and retain some moderate- and high-quality habitat 
post-fire); thus, we predict that, overall, these impacts do not rise 
to the level of a threat. We base this conclusion on:
    (1) The persistence of moderate- and high-quality habitat that has 
remained following recent large wildfires (i.e., wildfires that have 
burned at mixed severities (LANDFIRE 2008a; LANDFIRE 2008b; LANDFIRE 
undated(a)), which have not resulted in extensive stand-replacement 
within the coastal marten's range.
    (2) The overall continued presence of relatively moist habitat 
conditions for coastal marten habitat, primarily along the western 
coast, including overall cooler, moist summer conditions that moderate 
the dry conditions that promote fire ignition and spread.
    (3) Information indicating that parts of coastal northern 
California and coastal southern Oregon have experienced fire 
suppression with little effect on altering the structure and 
composition of the dominant forest types, and no increase in high-
severity fire compared to the historical patterns (Odion et al. 2004, 
pp. 933-935; Miller et al. 2012, p. 200).
Climate Change
    ``Climate'' refers to the mean and variability of weather 
conditions over time, with 30 years being a typical period for such 
measurements, although shorter or longer periods also may be used 
(Intergovernmental Panel on Climate Change [IPCC] 2013, p. 1,450). The 
term ``climate change'' thus refers to a change in the mean or 
variability of one or more measures of climate (e.g., temperature or 
precipitation) that persists for an extended period, typically decades 
or longer, whether the change is due to natural variability, human 
activity, or both (IPCC 2013, p. 1,450). A recent synthesis report of 
climate change and its effects is available from the IPCC (IPCC 2014, 
entire).
    Changes in climate may have direct or indirect effects on species. 
These effects may be positive, neutral, or negative, and they may 
change over time, depending on the species and other relevant 
considerations, such as interactions of climate with other variables 
(e.g., habitat fragmentation, fire frequency) (IPCC 2007, pp. 8-14, 18-
19). Typically, expert judgment and appropriate analytical approaches 
are used to weigh relevant information, including uncertainty, in 
various aspects of climate change.
    Global climate projections are informative, and in some cases, the 
only scientific information available. However, projected changes in 
climate and related impacts can vary substantially across and within 
different regions of the world (e.g., IPCC 2007, pp. 8-12). Therefore, 
we use ``downscaled'' projections (see Glick et al. 2011, pp. 58-61, 
for a discussion of downscaling) when they are available and have been 
developed through appropriate scientific procedures, because such 
projections provide higher resolution information that is more relevant 
to spatial scales used for analyses of a given taxon. For this analysis 
across the range of the coastal marten, downscaled projections are used 
in addition to some regional climate models that provide higher 
resolution projections using a modeling approach that differs from 
downscaling. The geographic region of the projections is the southern 
terminus of temperate rainforests of the North American continent, 
which encompasses the range of the coastal marten.
    Climate throughout the range of the coastal marten is projected 
over the next approximately 40 to 50 years to become warmer, and in 
particular summers will be hotter and drier, with more frequent heat 
waves (Pierce et al. 2013, p. 848; Cayan et al. 2012, p. 10; 
Salath[eacute] et al. 2010, p. 69; Tebaldi et al. 2006, pp. 191-200; 
Hayhoe et al. 2004, p. 12423). However, the northern portion of the 
coastal marten's range will likely experience winters that may become 
wetter, although warmer temperatures may result in an overall water 
deficit (Pierce et al. 2013, p. 848; Cayan et al. 2012, p. 10; 
Salath[eacute] et al. 2010, p. 69; Tebaldi et al. 2006, pp. 191-200; 
Hayhoe et al. 2004, p. 12423). The coastal marten's currently suitable 
habitat may be affected by climate change to some extent. At this time, 
nearly all models for the coastal northern California and coastal 
southern Oregon population areas predict shifts in vegetation type over 
time from conifer forest to mixed-conifer hardwood forest, as well as 
shifts toward woodland and chaparral, with some shifts predicted to be 
observable by 2030, but most by the end of the century (roughly 2070 
through 2099) (Whitlock et al. 2003, p. 16; Rehfeldt et al. 2006, p. 
1143; Lenihan et al. 2008, p. 20; Doppelt et al. 2009, p. 7; Littell et 
al. 2011, pp. 11-12; Shafer et al. 2010, pp. 180-181; Littell et al. 
2013, pp. 113-115). The predicted extent and nature of these shifts and 
the potential rate of change vary greatly, depending on

[[Page 18756]]

potential emissions scenarios, assumptions (for example, in how various 
plant species are likely to respond to changes in temperature, 
precipitation, and carbon dioxide concentration), and variables 
incorporated into the models. Despite these differences, most models 
produce qualitatively similar forecasts of the impacts of potential 
future climates on ecosystem distribution, function, and disturbances 
(Shafer et al. 2010, p. 179). Although climate models have become 
increasingly sophisticated, the simulated future response of ecosystems 
remains subject to great uncertainty due to a number of factors, 
especially over longer timeframes (see, e.g., Lenihan et al. 2008, pp. 
16-17). In sum, although there is general agreement in the direction 
and nature of changes anticipated, models continue to have limitations 
which lead to uncertainties in the magnitude and timing, as well as 
regional details, of predicted climate change, especially at smaller 
scales (IPCC 2015, no page number) Thus, although we anticipate the 
coastal marten's currently suitable habitat may be affected by climate 
change to some extent, there is a high level of uncertainty regarding 
the nature of any such effects and the likelihood and timing of their 
occurrence.
    In coastal central and northern Oregon, models also project shifts 
by the end of this century in vegetation type from maritime conifer 
forest toward mixed conifer-hardwood and deciduous forests, although 
models differ in the extent of this change (Whitlock et al. 2003, p. 
16; Rehfeldt et al. 2006, p. 1143; Lenihan et al. 2008, p. 20; Doppelt 
et al. 2009, p. 7; Littell et al. 2011, pp. 11-12; Shafer et al. 2010, 
pp. 180-181; Littell et al. 2013, pp. 113-115). These shifts in future 
vegetation type may lead to range shifts for the coastal marten, 
although information is not available to indicate how rapidly this may 
occur. It is important to note that studies of climate change present a 
range of effects including some that indicate conditions could remain 
suitable for coastal martens. For example, in areas with stable or 
increasing total precipitation, overall warmer temperatures are 
expected to result in a decreased snowpack ((Cayan et al. 2012, pp. 20-
21; Littell et al. 2011, p. 60; Salath[eacute] et al. 2010, pp. 66-68; 
Hayhoe et al. 2004, p. 12423), which would result in increased 
availability of habitat for coastal martens at higher elevations, as 
well as increased availability of prey during the winter months 
(Service 2015, p. 7). Overall, it is not clear how finer-scale abiotic 
factors may shape local climates and influence local vegetation trends 
either to the benefit or detriment of coastal martens, nor is the 
timeframe clear over which these influences may be realized.
    We note that redwood forest habitat within coastal national and 
State parks to the west of the coastal northern California population 
area may remain suitable for coastal martens even with projected 
changes in climate (based on a moderate emissions scenario within 50 
years; DellaSala 2013, entire). However, to reach this coastal redwood 
habitat, martens would need to traverse many kilometers of unsuitable 
habitat (i.e., industrial timberlands). Martens actively select against 
these areas that do not have protective overstory cover; however, 
limited movement across unsuitable habitat areas may occur. In 
contrast, coastal martens currently occurring within the drier, 
interior portions of the coastal southern Oregon population area could 
migrate into other suitable habitat to the west as climate change 
alters the more interior habitat; a natural, westward migration is 
possible due to a lack of significant physical barriers to east-west 
movements within that region.
    Overall, studies of climate change present a range of effects on 
vegetation, including some that indicate conditions could remain 
suitable for coastal martens in portions of the coastal range; 
furthermore, the severity of potential impacts to coastal marten 
habitat will likely vary across the range, with effects to coastal 
martens potentially ranging from negative, neutral, or beneficial. 
Thus, the Species Report described an estimated range of low- to 
medium-impact for this stressor for coastal southern Oregon and coastal 
northern California (Service 205, pp. 67-72). Modeling projections are 
done at a large scale, and effects to species' habitat can be complex, 
unpredictable, and highly influenced by local-level biotic and abiotic 
factors. Although many climate models generally agree about the changes 
in temperature and precipitation, the consequent effects on vegetation 
are more uncertain, as is the rate at which any such changes might be 
realized. Therefore, it is not clear how or when changes in forest type 
and plant species composition will affect the distribution of coastal 
marten habitat. How any such changes may in turn affect coastal marten 
populations is even more uncertain. Thus, uncertainty exists when 
determining the level of impact climate change may have on coastal 
marten habitat. Consequently, at this time and based on the analysis 
contained within the Species Report and summarized above, we have 
determined that we do not have reliable information to indicate that 
climate change is a threat to coastal marten habitat now or in the 
future, although we will continue to seek additional information 
concerning how climate change may affect coastal marten habitat.
Vegetation Management
    Vegetation management includes activities such as timber harvest, 
thinning, fuels reduction, and habitat restoration, which can result in 
the temporary or permanent loss, degradation, or fragmentation of 
suitable coastal marten habitat. Once lost, structural elements found 
in suitable coastal marten habitat that are required for denning and 
resting (such as large diameter live trees, snags, and logs) require 
more than a century to develop (Slauson and Zielinski 2009, p. 43). 
Slauson (2014, pers. comm.) anticipates that loss of the dense, shade-
tolerant shrub layer required by the coastal marten would take 1 to 2 
decades to regrow.
    Historically, vegetation management activities (particularly large-
scale harvest of late-successional coniferous forest habitat) reduced 
the amount and distribution of suitable coastal marten habitat. At the 
present time, although the reduction and fragmentation of some suitable 
coastal marten habitat is expected to continue, the majority of 
suitable habitat for coastal martens is currently secure and expected 
to increase in the future. Habitat loss and degradation is expected to 
be realized primarily on private lands, which constitute a relatively 
small proportion of the suitable habitat available to martens in the 
three extant population areas (23 percent in coastal central Oregon, 10 
percent in coastal southern Oregon, and 11 percent in coastal northern 
California). In contrast, most suitable marten habitat is in Federal 
ownership (71 percent in the coastal central Oregon population area, 90 
percent in the coastal southern Oregon population area, and 77 percent 
in the coastal northern California population area), and the majority 
of those lands are in reserve allocations under the NWFP, which are 
managed for the maintenance or development of late-successional forest 
characteristics (71 percent of Federal lands in reserves in coastal 
central Oregon, 79 percent of Federal lands in reserves in coastal 
southern Oregon, and 90 percent of Federal lands in reserves in coastal 
northern California). We therefore expect not only the maintenance but 
further recruitment of suitable coastal marten

[[Page 18757]]

habitat on Federal reserve lands over time.
    Some vegetation management activities (such as thinning, fuels 
reduction projects, and habitat restoration) have the potential to 
improve habitat suitability for the coastal marten in the long term by 
minimizing loss of late-successional stands due to wildfires and 
accelerating the development of late-seral characteristics (Zielinski 
2013, pp. 419-422). This has been suggested for a similar mustelid, the 
fisher, where such activities may be consistent with maintaining 
landscapes that support fishers in the long term and sometimes even the 
short term, providing treatments retain appropriate habitat structures, 
composition, and configuration (Spencer et al. 2008, entire; Scheller 
et al. 2011, entire; Thompson et al. 2011, entire; Truex and Zielinski 
2013, entire; Zielinski 2013, pp. 17-20). Thus, it is reasonable to 
assume that these types of projects could increase the long-term, 
overall amount, distribution, and patch size of suitable coastal marten 
habitat, although some short-term degradation, loss, or fragmentation 
of suitable coastal marten habitat may occur in the interim.
    On lands managed for industrial timber harvest, the past and 
current practice of managing coastal coniferous forests on a short-
rotation system (40-60 years) to maximize wood production has reduced 
the complexity of the shrub and herb layers, which are important 
components of suitable marten habitat. These management practices have 
also precluded development of late-successional forest characteristics 
that are important to the coastal marten (such as large diameter logs, 
snags, and trees). Short-rotation forestry is prevalent on private 
lands, whereas only a small fraction of forested Federal lands (i.e., 
``matrix'' lands as defined under the NWFP) may be used for timber 
harvest.
    Due to current and expected future intensive timber-harvesting 
activities, we do not anticipate that private lands would support 
viable marten populations or maintain important habitat elements in the 
future. Instead, the coastal marten relies on (and our analysis 
considers) the maintenance of suitable coastal marten habitat on 
Federal and State lands as the key element to support the long-term 
viability of coastal marten populations. Of the coastal marten suitable 
habitat within the three extant population areas, from 71 to 90 percent 
is on Federal lands and in reserve status under the NWFP, much of which 
is managed specifically for the development of late-successional 
characteristics that will be beneficial for coastal martens. 
Specifically, and at present:
    (1) In the coastal central Oregon extant population area, 79 
percent of the habitat is considered suitable for coastal martens (56 
percent moderate to high suitability). Approximately 71 percent of the 
moderate- to high-suitability habitat occurs within Federal ownership, 
and 71 percent of that is Federal Reserve land.
    (2) In the coastal southern Oregon extant population area, 95 
percent of the habitat is considered suitable for coastal martens (78 
percent moderate to high suitability). Approximately 90 percent of the 
moderate- to high-suitability habitat is in Federal ownership, and 79 
percent of that is Federal Reserve land.
    (3) In the coastal northern California extant population area, 87 
percent of the habitat is considered suitable habitat for coastal 
martens (81 percent moderate to high suitability). Approximately 77 
percent of that is in Federal ownership, and 90 percent of that is 
Federal Reserve land.
    A small proportion of the moderate- and high-suitability habitat 
occurs on Federal matrix lands (i.e., lands as defined under the NWFP 
that are used for timber harvest). The rate of loss of late-
successional and old-growth forest on Federal lands due to timber 
harvest has declined substantially since the implementation of the NWFP 
(Mouer et al. 2011, entire). Although the NWFP does not recognize 
marten habitat as a forest class or condition, late-successional old 
growth forest likely includes a subset of coastal marten habitat (if 
the necessary dense shrub layer is present).
    Based on the analysis contained within the Species Report and 
summarized above, including the proportion of moderate- and high-
suitability coastal marten habitat available and the favorably managed 
forested lands (primarily Federal Reserves) within each extant 
population area, we consider ongoing vegetation management to have a 
low impact on the loss, degradation, or fragmentation of suitable 
coastal marten habitat across the range of the DPS both currently and 
into the future. We note that loss of suitable habitat (primarily low-
quality suitable habitat) is expected to continue to occur into the 
future on private lands within all three population areas, potentially 
to a greater extent in the coastal central Oregon population area due 
to a larger percentage of privately-owned timber lands within that 
population area. For the entire range, we considered vegetation 
management as a low-level impact on moderate and high suitability 
marten habitat for Federal lands, which constitute a majority of the 
extant population areas, have longer harvest rotations, and retain more 
structural features on the subset of that area in matrix, or where 
habitat will be retained on lands in Federal Reserves. In addition, 
because of the extent of Federal reserve land allocations that are 
designed to maintain and develop late-successional conditions, an 
unquantifiable amount of suitable habitat for coastal martens is 
expected to develop in the future. Overall, potential impacts from 
vegetation management do not rise to the level of a threat given the 
extensive beneficial land management practices expected to continue 
into the future (15 years) on public lands.
Development
    Some impacts to suitable habitat are expected to occur within the 
range of the coastal marten as a result of development activities such 
as road building, dam construction and creation of new reservoirs, 
conversion of forest habitat for agricultural use, development and 
expansion of recreational areas (e.g., golf courses, campgrounds, and 
trails), urban expansion, and rural development. Should these types of 
disturbances occur, they would likely result in the further loss, 
degradation, or fragmentation of suitable habitat. However, if these 
activities occur into the future, only a small amount of habitat may be 
impacted rangewide based on our evaluation of the best available data 
at this time because most of the potential development is expected on 
private lands that afford the coastal marten little suitable habitat to 
begin with. In addition, many of the areas that provide suitable 
habitat for coastal martens are areas of challenging topography that 
are not conducive to intensive or large-scale development.
    In Oregon, the greatest rates of change from resource land use to 
more developed use occurred prior to 1984, before implementation of 
county land-use plans and land-use planning laws (Oregon Administrative 
Rule 660-015-00) that limit the conversion of designated resource 
lands, including forest lands, to other uses (Lettman et al. 2011, p. 
16). These laws encourage intensified development in areas already 
urbanizing, while limiting development in more rural areas (Lettman et 
al. 2009, p. 4; Lettman et al. 2011, p. 9). Consequently, conversion of 
non-Federal forest land has been limited in Oregon, with 98 percent of 
all non-Federal forest, agricultural, and range

[[Page 18758]]

lands in the State in 1974 remaining in those uses in 2009 (Lettman et 
al. 2011, p. 11). Virtually all land-use change during this time 
occurred on private land (Lettman et al. 2011, p. 11). However, 
development of private land within 1.6 km (1 mi) of Federal forest land 
is increasing, which can affect management along the periphery of 
adjacent Federal lands, such as increasing the need for fuel treatments 
on public lands to protect structures on adjacent private lands 
(Lettman et al. 2009, pp. 33-34; Azuma et al. 2013, pp. 1-2). 
Development of Federal forest lands in California and Oregon, however, 
is expected to be limited given past history (e.g. Lettman et al. 2011, 
p. 11 for Oregon) and the management mandates of the land management 
agencies.
    Based on the analysis contained within the Species Report and 
summarized above, and similar to the vegetation management discussion 
above, we estimate that development has a low impact on the loss, 
degradation, or fragmentation of suitable coastal marten habitat across 
the range of the DPS both currently and into the future, and thus does 
not rise to the level of a threat. If development occurs, the frequency 
and amount of habitat impacted may be greater in the coastal central 
Oregon population area as opposed to the other two population areas due 
to a larger percentage of privately-owned timber lands within the 
coastal central Oregon population area. However, as exhibited over the 
past 30 years, any loss is expected to be small.

Factor B--Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

Trapping
Trapping for Fur
    Historical unregulated fur trapping (prior to the 1930s) of coastal 
martens is considered by researchers as the likely cause of the marked 
contraction in coastal marten distribution. Legal marten fur trapping 
in coastal northern California ended in 1946. However, fur trapping 
remains legal and has continued in Oregon, and the number of martens 
harvested in coastal Oregon counties has declined since the 1940s 
(Zielinski et al. 2001, p. 482), although it is not known whether 
trapping effort remained unchanged over this time period. By the 1970s, 
martens were considered rare along the Oregon coast (Zielinski et al. 
2001, p. 483; Mace 1970, pp. 13-14; Maser et al. 1981, pp. 293-294). A 
total of 36 martens were harvested within coastal Oregon counties 
between 1969 and 1995 (Verts and Carraway 1998, p. 409). This harvest 
level excludes Lane and Douglas Counties because a substantial area of 
these counties is outside the DPS and fur trapping is only reported at 
the county level. The most recent data indicate that three coastal 
martens were trapped within coastal Oregon during the 2013 fur trapping 
season (Oregon Department of Fish and Wildlife, unpublished data). 
Overall, based on these data, the number of martens trapped in coastal 
Oregon has averaged fewer than two animals a year in recent decades. 
The fur trapping effort for martens in Oregon is relatively minimal; 
the Oregon Department of Fish and Wildlife reports that few trappers, 
generally from 4 to 8, trap for marten anywhere in the State in any 
given year. Most recent harvests of martens are from the Cascades and 
Blue Mountain Ranges; harvest of martens in the Coast Range is 
extremely rare (Hiller 2011, p. 17). Any potential population impacts 
of removing individual coastal martens as a result of fur trapping are 
difficult to estimate due to a lack of population size estimates in 
both Oregon population areas. The best available data indicate, 
however, that relatively few martens are removed from coastal 
populations as a result of fur trapping in Oregon, and we have no 
evidence to suggest that these populations may be in decline as a 
consequence of fur trapping.
    Based on the analysis contained within the Species Report and 
summarized above, we consider the legal fur trapping of coastal martens 
as having no overall impact to the population in coastal northern 
California, as there is no legal fur trapping for martens in that 
State. Fur trapping effort for martens in Oregon is relatively minimal, 
and most martens harvested are not trapped in the coast ranges. We 
estimate a low- to medium-level of impact to the two extant populations 
in coastal Oregon, reflecting the uncertainty regarding the size of 
those populations. We estimate that the impacts of fur trapping on 
coastal martens in Oregon will continue at a similar level, both 
currently and into the future, because the best available data do not 
suggest that either fur trapping effort or impacts are likely to 
change. Additionally, of note for California, we expect that nearly all 
coastal martens that are accidentally captured in box traps (body-
gripping traps are illegal in California) set for other furbearer 
species, or that are live-trapped for research purposes, will be 
released unharmed. As a result of this best available information for 
Oregon and California, we have determined that fur trapping, overall, 
does not have a significant population-level impact across the DPS's 
range and does not rise to the level of a threat.
Trapping for Research Purposes
    Based on the analysis contained within the Species Report, we 
consider the potential impacts of live-trapping and handling for 
research purposes on coastal marten populations as discountable. We 
came to this conclusion based on the limited distribution of marten 
research projects in the three extant population areas (currently only 
a single project in the western half of the coastal northern California 
population area where no martens were injured or killed during live-
trapping), and based on the strict trapping and handling protocols that 
must be adhered to by coastal marten researchers to ensure the safety 
of study animals. Available information does not suggest that there 
would be any change to the level of anticipated impacts of live-
trapping and handling for research purposes into the future, and, 
therefore, we find that the potential impacts to the coastal marten 
from trapping for research purposes do not rise to the level of a 
threat.

Factor C--Disease or Predation

Disease
    Numerous pathogens (e.g., canine distemper, canine parvovirus, 
toxoplasmosis) are known to cause severe disease in mustelids. Infected 
domestic dogs that are allowed to roam within an extant marten 
population area could expose martens to lethal pathogens. Fur trappers 
could capture an infected carnivore (e.g., marten, fisher, gray fox, 
bobcat) and inadvertently spread the disease to martens through 
contaminated traps. Marten researchers could also transfer lethal 
pathogens within and between extant population areas if traps and 
track-plate boxes are not disinfected after exposure to any carnivore 
species, including coastal martens.
    An outbreak of a lethal pathogen within any of the three extant 
coastal marten populations could occur. Several serious pathogens have 
been detected in the related fisher less than 9 km (5.6 mi) from the 
nearest verifiable marten detection within the coastal northern 
California population (Brown et al. 2008, entire), suggesting that 
martens could be exposed by infected juvenile fishers that disperse 
from their natal area into the coastal marten population area. However, 
despite possible exposure to pathogens, no outbreaks of

[[Page 18759]]

diseases have been detected in coastal martens, and we have no evidence 
to suggest that disease is currently present in any of the coastal 
marten populations.
    The best available data do not indicate that disease has impacted 
coastal martens at any point in time in the past or currently. The 
prevalence of past exposure to lethal pathogens within the coastal 
northern California population and the coastal Oregon populations has 
not been demonstrated through a serosurvey (i.e., a screening test of 
the serum of a marten to determine susceptibility to a particular 
disease). Additionally, if the known extant populations are disjunct 
from one another, as suggested by Slauson and Zielinski (2009, pp. 35-
36), this would be beneficial in terms of reducing the ease of 
transmission of disease between the populations, should an outbreak 
occur. Thus, at this time, the best available data do not indicate that 
a disease outbreak has had, or is likely to have, a significant 
population-level effect on coastal martens.
    In sum, there are currently no indications of disease in coastal 
marten populations. If an outbreak of a serious disease should occur, 
it could have a significant impact on the affected population. However, 
based upon the best available scientific and commercial data as 
presented in the Species Report and summarized here, there is a low 
probability that a disease outbreak may occur. We anticipate that if 
there should be an outbreak, it will likely have a low effect on all 
three coastal marten populations combined, as the distance between them 
makes it unlikely that the effects of such an outbreak would spread. 
Thus, we have determined that disease has a low-level population impact 
across the coastal marten's range and, therefore, does not rise to the 
level of a threat currently or into the future.
Predation
    Predation is a natural ongoing source of mortality for the coastal 
marten and would not be expected to negatively impact the viability of 
marten populations in coastal Oregon and coastal northern California 
unless annual predation rates, combined with all other mortality 
sources, exceed annual juvenile coastal marten recruitment rates 
(estimated at 50 percent for the coastal marten; Slauson et al., In 
prep.(a)). At this time, the only documented coastal marten predators 
are bobcats (Slauson et al. 2014, unpubl. data). However, additional 
predator species have been documented for other marten species and 
populations:
    (1) Strickland et al. (1982, p. 607) summarized reports of American 
martens being preyed upon by coyotes, fishers, red foxes, cougars, 
golden and bald eagles (Aquila chrysaetos, Haliaeetus leucocephalus), 
and great horned owls (Bubo virginianus).
    (2) Bull and Heater (2001a, p. 3) conducted a study in northeastern 
Oregon and documented 18 martens (i.e., Martes caurina vulpina) killed 
by predators: 44 percent by bobcats, 22 percent by raptors, 22 percent 
by other martens, and 11 percent by coyotes.
    Historical coastal marten predation rates are unknown, although the 
historical assemblage of predator species was likely similar to the 
current assemblage. It is possible that human-caused changes in 
vegetation composition, vegetation distribution, and extensive road 
building over time have increased predator densities and distribution 
within the range of the coastal marten. These changes in vegetation and 
infrastructure provide more access and avenues in which predators can 
exploit their prey base, especially in forested areas that were once 
undisturbed with extensive shrub cover for prey, such as martens, to 
escape or find shelter. For example, in coastal northern California, 
fisher and gray fox have both maintained their interior distributions 
but appear to have expanded their distributions in coastal redwood 
forest habitat concurrently with the dramatic decline in the 
distribution of coastal martens (Slauson and Zielinski 2007, p. 242). 
Another recent study within coastal northern California suggests that 
bobcats and gray foxes frequent roads in forests dominated by redwoods 
(Slauson and Zielinski 2010, pp. 77-78); the same is likely true for 
other forest types throughout the DPS's historical range in coastal 
Oregon and coastal northern California, but has not been confirmed. 
Slauson and Zielinski (2010, pp. 77-78) indicate that roads may be 
facilitating the presence and abundance of these predator species in 
dense-shrub landscapes and increasing the risk of intraguild predation 
on coastal martens. Therefore, past logging practices that reduced the 
complexity of the herb and shrub layers, in combination with existing 
roads, may have facilitated an increase in the distribution of 
predators within the range of coastal marten, thus potentially 
increasing the likelihood that coastal martens could encounter a 
predator.
    Predation of coastal martens has been studied recently. Since the 
fall of 2012, researchers have radio-tracked up to 23 coastal martens 
within the western portion of the coastal northern California extant 
population area to determine survival rates and cause of death. Data 
indicate a total of nine coastal marten mortalities, all killed by 
bobcats (Slauson et al. 2014, unpubl. data). Although these data would 
appear to indicate a 39 percent annual mortality rate, the annual 
mortality rate was estimated to be 33 percent due to several martens 
tracked for more than a year that were later found dead (Slauson et al. 
2014, unpubl. data). The mortalities have also occurred within areas 
where bobcats are considered more abundant and fishers have been 
documented, particularly where extensive logging and road building 
within suitable coastal marten habitat have occurred (Slauson 2014, 
pers. comm.). No other records of coastal marten predation have been 
documented nor conducted, including within coastal Oregon.
    Predation is identified as a natural stressor (i.e., part of the 
natural condition in which the coastal marten has evolved). Human 
activities (such as vegetation management and road building) may 
increase the abundance and distribution of predators within coastal 
marten home ranges. The preliminary home ranges of all nine dead 
coastal martens mentioned above contained relatively large amounts of 
recently logged forest, compared with the home ranges of radio-collared 
coastal martens that are still alive (Slauson 2014, pers. comm.), 
suggesting that disturbed areas may result in greater predation rates 
or that undisturbed areas, which harbor suitable habitat features for 
escape from predators, are likely preferred. In addition, all nine dead 
coastal martens were found within 100 m (328 ft) of a road. As 
described in the ``Population Biology and Dynamics'' section of the 
Species Report (Service 2015, p. 12), Slauson et al. (In prep.(a)) 
estimated annual juvenile coastal marten survival at 50 percent, which 
suggests that the observed 33 percent annual mortality rate of coastal 
martens from predation may be sustainable.
    The population-level impact of predation within the three coastal 
marten extant population areas is currently unknown. Data are available 
only for the coastal northern California population where a sample of 
23 individuals were radio-tracked and 9 of those were found predated 
upon by bobcats, indicating a 33 percent predation rate (Slauson et al. 
2014, unpubl. data). Similar information does not exist for the Oregon 
populations. However, the best available scientific and commercial data 
indicate that predation is occurring to an unknown

[[Page 18760]]

degree as an ongoing natural process across the range of the DPS.
    As noted above, a 33 percent annual predation rate is expected to 
be sustainable when compared with an annual juvenile coastal marten 
survival rate of 50 percent; thus, predation would not likely result in 
a population-level impact. Therefore, based on the best available data, 
we find that predation has a low-level population impact for all three 
extant coastal marten populations. The best available data indicate 
that predation is a natural process and the level of predation is not 
expected to increase in the future. Based on the analysis contained 
within the Species Report and summarized above, we have determined that 
predation does not rise to the level of a threat, given that it is a 
natural phenomenon and appears to be occurring at a sustainable level.

Factor D--The Inadequacy of Existing Regulatory Mechanisms

    Existing regulatory mechanisms that affect coastal martens include 
laws and regulations promulgated by the Federal and individual State 
governments. Federal and State agencies manage approximately 31 and 5 
percent, respectively, of the lands within the coastal marten's range, 
including a total of approximately 57 percent (13,388 km\2\ (5,169 
mi\2\)) of the currently available suitable habitat (high, medium, and 
low quality) throughout the range of the coastal marten (see Table 8.2 
in the Species Report (Service 2015, p. 37)). Tribal governments, as 
sovereign entities, have their own system of laws and regulations on 
tribal lands. Principal stressors acting on coastal martens for which 
governments may have regulatory control include injury or mortality due 
to fur trapping, habitat modification or loss, and legal uses of 
pesticides, including anticoagulant rodenticides (ARs). These 
regulations differ among government entities, are explained in detail 
in the Species Report (Service 2015, pp. 78-96), and are summarized 
below.
Federal
    All Forest Service and BLM lands within the range of the coastal 
marten are managed under the NWFP, which was adopted in 1994, to guide 
the management of 97,124 km\2\ (37,500 mi\2\) of Federal lands in 
portions of western Washington, Oregon, and northwestern California. 
The NWFP amends the management plans of National Forests and BLM 
Districts within the range of the northern spotted owl (Strix 
occidentalis caurina), representing a 100-year strategy intended to 
provide the basis for conservation of the northern spotted owl and 
other late-successional and old-growth forest-associated species 
(Forest Service and BLM 1994a, 1994b). This regional plan provides for 
retention and recruitment of older forests, and provides for spatial 
distribution of this type of habitat that will benefit late-
successional forest-dependent species, including the coastal marten. 
The amount of late-successional coniferous habitat on Federal lands 
removed since implementation of the plan is substantially lower than 
pre-implementation levels (Kennedy et al. 2012, p. 128). Activities 
such as timber harvest and thinning, fuels reduction treatments, and 
road construction (see ``Vegetation Management'' and ``Development'' 
under Factor A, above) may occur in certain areas known as matrix lands 
(i.e., limited areas delineated specifically to allow for programmed 
future timber harvest), which may result in some reduction of habitat 
and habitat connectivity for the coastal marten. However, the future 
loss, degradation, or fragmentation of suitable coastal marten habitat 
on Federal lands from these activities is expected to be low given the 
limited amount of matrix land allocation. Future increases in the 
amount and distribution of forest habitat suitable for coastal martens 
is expected to occur either through ingrowth in Federal Reserves, or 
through forest management activities designed to accelerate the 
development of late-seral characteristics within the coastal marten's 
range.
    The coastal marten is currently treated differently on Federal 
lands in Oregon as compared to California. In Oregon, the coastal 
marten is not considered a sensitive species on Forest Service and BLM 
lands. However, the Forest Service (Region 6) has added the marten to 
its draft sensitive species list that is expected to be finalized in 
2015 (U.S. Department of Agriculture, Forest Service 2014, p. 5), and 
BLM (Medford and Roseburg Districts) is also working to add the marten 
to its sensitive species lists (Hughes 2015, pers. comm.). In 
California, the coastal marten is a sensitive species on Forest Service 
lands, but not on BLM lands. Federal protections afforded the coastal 
marten as a sensitive species on Forest Service lands in California 
largely depend on best management practices and conservation efforts 
outlined in their Land and Resource Management Plans (LRMPs), and on-
site-specific project analyses and implementation.
    Potential exposure of coastal martens to ARs has not yet been 
studied, but to date we have incidental evidence of sublethal exposure 
in at least one individual (see ``Exposure to Toxicants'' under Factor 
E, below). The use of rodenticides is regulated under the Federal 
Insecticide, Fungicide, and Rodenticide Act of 1947 (7 U.S.C. 136 et 
seq.), via the registration of labels by the U.S. Environmental 
Protection Agency. Each label describes the permitted use for an 
individual rodenticide product and must be supported by rigorously 
collected and analyzed efficacy and environmental safety data. However, 
it is not clear how well those regulations prevent wildlife (including 
coastal martens) exposure to legal uses of these rodenticides. Coastal 
martens may also be exposed to rodenticides used illegally in the form 
of rodenticide applications on illegal marijuana grow sites. Law 
enforcement efforts occur in both Oregon and California in an attempt 
to eradicate suspected illegal marijuana grow sites, but it is unknown 
how effective such measures are at reducing the exposure of martens to 
rodenticides. At this time, as described below, the best available data 
do not indicate population- or rangewide-level impacts to coastal 
martens from legal or illegal use of rodenticides.
    The Forest Service has extensive policy on the use of rodenticides 
(Forest Service Manual 2670.32), and the Forest Service Manual (Forest 
Service 2005, Chapter 2600) contains legal authorities, objectives, 
policies, responsibilities, instructions, and guidance needed on a 
continuing basis by Forest Service line officers and primary staff to 
plan and execute assigned programs and activities. In addition, BLM 
policy (BLM Manual 9011-Chemical Pest Control) regulates the use of 
rodenticides and other pesticides on their ownership. Queries to the 
BLM and Forest Service in Oregon confirm they do not use anticoagulant 
rodenticides on their ownership, although some use of strychnine for 
rodent control is employed on Forest Service land (Standley 2013, pers. 
comm.; Bautista 2013, pers. comm.).
States of Oregon and California
    Forest practice rules vary greatly between Oregon and California, 
with no explicitly stated coastal marten protections specified in 
either State. However, retention of some number of snags and green 
trees in harvest units is a ubiquitous requirement in managed forests 
throughout the range of the coastal marten (State, Federal, and private 
lands) (e.g., Oregon forest practice rules (Oregon Administrative Rules 
(OAR) Chapter 629, Division 600); CAL FIRE forest practice rules (Title 
14, California Code of Regulations, Chapters

[[Page 18761]]

4, 4.5, and 10; Forest Service and BLM 1994a, 1994b)). The coastal 
marten is not listed under the California Endangered Species Act (CESA) 
or as a State ``fully protected'' species and thus does not receive 
protections available under those statutory provisions. In terms of 
effects to coastal marten habitat or incidental harm to coastal martens 
from timber harvesting or other types of land-disturbing projects, the 
State of California has existing regulations that act in combination to 
disclose, avoid, or mitigate environmental degradation, the latter two 
situations of which could potentially result in benefits to coastal 
marten habitat. Cumulative effects analyses for listed and non-listed 
species, such as coastal marten, are required in both the California 
Environmental Quality Act (CEQA) and the California forest practice 
rules.
    Structures that are retained (e.g., some level of snags and green 
trees) under existing forest practice rules typically do not meet the 
minimum size used by coastal martens (Schmidt 2014, pers. obs.; Slauson 
2014, pers. obs.). Where these features are large enough, they may 
provide future denning and resting sites provided they have the 
appropriate structural attributes (such as cavities and large limbs) 
and the surrounding forest is allowed to develop the necessary canopy 
cover, dense shrub understory, and prey base to support coastal martens 
in the long term. Short rotations of industrial forest management 
rarely allow this to happen, as compared to areas where management is 
for longer rotations or designed to develop older stands (e.g., old-
forest structure management on Oregon State Forests) that retain these 
legacy features that may facilitate coastal marten habitat development.
    Protection measures for riparian areas are also a widespread 
standard on managed forests throughout the range of the coastal marten, 
with larger buffers and more stringent timber retention requirements 
typically provided on Federal and State lands as compared to private 
lands. Retention areas to meet other management goals are also found 
across ownerships (e.g., anchor habitats on Oregon State Forests, 
occupied site buffers on multiple ownerships, Watercourse and Lake 
Protection Zones on private land in California). Although many of these 
retained areas are not large enough to support a coastal marten home 
range, they do provide patches of structural features that may allow 
coastal marten movement across the landscape and facilitate dispersal 
between larger blocks of coastal marten habitat. This may be 
particularly valuable where State lands lie between large blocks of 
Federal lands managed as late-seral habitat. Additionally, the Oregon 
Department of Forestry calls for managing 30 to 50 percent of their 
State Forests in northwest Oregon for layered and old-forest structural 
conditions such as larger trees, multiple canopy layers, diverse 
understories and shrub layering, and diverse structural features such 
as downed wood and snags (ODF 2010, pp. 4-48, C-1 to C-24). These lands 
represent a small proportion of currently occupied habitat and are 
mostly located outside of existing coastal marten population areas; 
however, these areas may benefit coastal martens in the future as they 
are allowed to develop into a structural condition more suitable to 
martens.
    Coastal martens can be legally harvested/trapped for fur in Oregon 
but not in California (see ``Trapping'' under Factor B, above). Within 
Oregon, coastal martens are listed (by the Oregon Department of Fish 
and Wildlife) as a sensitive species in the vulnerable category and as 
a species of conservation concern, but neither of these designations 
has associated regulatory mechanisms. Rather, these designations are 
used to encourage voluntary actions to improve a taxon's status or 
prevent population declines. Within California, coastal martens may not 
be intentionally harvested or trapped for fur or otherwise killed in 
California; although injury or mortality may occur when coastal martens 
are incidentally captured in traps set for other species, we expect 
incidental captures to be released unharmed. The use of body-gripping 
traps is prohibited and enforced in California, but injury or mortality 
of coastal martens is likely to occur during illegal fur trapping using 
the banned body-gripping traps. The extent of illegal fur trapping and 
mortality of coastal martens in Oregon and California is unknown. In 
general, legal trapping (such as that for research) is unlikely to 
result in injury or mortality to coastal martens because of the 
mandatory use of live traps and strict trapping and handling 
procedures.
Summary of Factor D
    Overall, existing Federal and State land-use plans include some 
general conservation measures for northern spotted owl habitat that are 
not specific to coastal martens but nonetheless provide a benefit to 
the coastal marten, for example through the maintenance and recruitment 
of late-successional forest and old-growth habitat. Most management 
plans address structural habitat features (e.g., snags or downed wood 
retention) or land allocations (e.g., Oregon Department of Forestry's 
no-cut riparian buffer; NWFP's protections of a network of late-
successional forest habitat connected by riparian reserves) that 
contribute to the coastal marten's habitat. These land-use plans are 
typically general in nature and afford relatively broad latitude to 
land managers, but with explicit sideboards for directing management 
activities. Federal regulatory mechanisms have abated the large-scale 
loss of late-seral coniferous forest habitat. Much of the land in 
Federal ownership across the range of the coastal marten is managed for 
interconnected blocks of late-successional forests that are likely to 
benefit martens. Timber harvest has been substantially reduced on 
Forest Service and BLM lands within the NWFP area, and existing 
management is designed to maintain or increase the amount and quality 
of late-successional or old-growth forest that provides marten habitat 
and aids in connecting populations. Management of State lands for 
scattered parcels of older forest or habitat retention for other late-
successional species may also facilitate coastal marten movements 
across the landscape or provide future habitat as some areas are 
allowed to develop into older stands. Outside of public (State and 
Federal) ownership, forest practice rules provide no explicit 
protection for martens and limited protections for habitat of value to 
martens. While some structural retention and limited buffers may retain 
structural features desirable for martens on private lands, the short 
harvest-rotation periods reduce the likelihood that the surrounding 
stand will develop to a condition that makes these features suitable 
for long-term use by martens.
    Based on the analyses contained within the Species Report (Service 
2015, pp. 81-94) and summarized above on the existing regulatory 
mechanisms for the coastal marten, we conclude that the best available 
scientific and commercial information does not indicate that the 
existing regulatory mechanisms are inadequate to address impacts to 
coastal martens from the identified stressors.

Factor E--Other Natural or Manmade Factors Affecting the Continued 
Existence of the Species

Collision With Vehicles
    Collision with vehicles is a known source of mortality for coastal 
martens currently and is expected to continue into the future, given 
the presence of roads within the range of the DPS. A low density of 
roads with heavy traffic traveling at high speeds (greater than 45 
miles per hour) and infrequent reports of road-killed martens within 
all three

[[Page 18762]]

extant population areas suggest that few martens die from vehicle 
collisions each year.
    No coastal marten road kill mortalities have been reported recently 
(since 1980) from within the coastal southern Oregon and coastal 
northern California population areas, both of which are areas that do 
not contain long segments of heavily used highway (although it is 
possible that road kill on any light-use roads in remote areas may not 
be discovered by humans before being consumed as carrion). A total of 
14 coastal marten mortalities have been documented from vehicle 
collision since 1980 (over a 34-year period) within or near the coastal 
central Oregon population area, suggesting a low annual mortality rate 
from vehicle collisions. Collisions with vehicles were and continue to 
be expected within the coastal central Oregon population because of the 
presence of U.S. Highway 101 within this population.
    We expect that in the future a small number of coastal martens will 
be struck by vehicles, especially dispersing juvenile coastal martens 
that must reach unoccupied suitable habitat for establishment of a home 
range. However, the best available information does not suggest any 
significant increases in vehicular traffic or new highways (consistent 
with the information available on potential development-related impacts 
(see ``Development'' under Factor A, above)) to be built in areas where 
martens occur. Therefore, we conclude the impact of vehicle collisions 
on coastal martens to continue at similar levels into the future. Any 
potential population impacts from individual coastal marten mortalities 
as a result of collisions with vehicles are difficult to estimate; we 
have no evidence of mortalities due to collisions with vehicles in the 
coastal northern California or coastal southern Oregon populations, and 
lack any population size estimate for the coastal central Oregon 
population area where some mortalities have been documented over an 
extended period of time. The best available data indicate, however, 
that across the DPS relatively few coastal martens are killed as the 
result of collisions with vehicles. Based on the information presented 
above and in the Species Report (Service 2015, pp. 52-53), we find that 
collision with vehicles presents a low-level impact on all three 
coastal marten populations (i.e., impacts to individual coastal martens 
as opposed to populations); therefore, this stressor does not rise to 
the level of a threat.
Exposure to Toxicants
    An emerging stressor to coastal martens is the widespread use of 
anticoagulant rodenticides (ARs) and other pesticides (e.g., 
organophosphates, carbamates, or organochlorines) at both legal and 
illegal marijuana grow sites, and the potential individual- and 
population-level impacts to species, including coastal martens, that 
are exposed to toxicants at these sites. We note that recent efforts to 
determine the prevalence of ARs in carnivore populations have focused 
on fisher populations in California due to the conservation status of 
that species and because marijuana grow sites are common in California. 
As information specific to coastal martens is largely lacking, for the 
purposes of the analysis in our Species Report (Service 2015, pp. 54-
61), we examined this fisher information to help evaluate the potential 
impacts ARs might have on coastal marten populations in coastal 
northern California and coastal Oregon.
    Anticoagulant rodenticides were created to kill small mammals 
considered pests, including commensal rodents such as house mice (Mus 
musculus), Norway rats (Rattus norvegicus), and black rats (R. rattus) 
in and around residences, agricultural buildings, and industrial 
facilities, and agricultural pests such as prairie dogs (Cynomys sp.) 
and ground squirrels (Spermophilus sp.) in rangeland and near crops. 
Anticoagulant rodenticides bind to enzymes responsible for recycling 
vitamin K, thus impairing the animal's ability to produce several key 
blood clotting factors (Berny 2007, p. 97; Roberts and Reigart 2013, 
pp. 173-174).
    Anticoagulant rodenticide exposure is manifested by such conditions 
as bleeding nose and gums, extensive bruises, anemia, fatigue, and 
difficulty breathing. Anticoagulants also damage the small blood 
vessels, resulting in spontaneous and widespread hemorrhaging. There is 
often a lag time of several days between ingestion and death, if lethal 
doses are ingested (Berny 2007, pp. 97-98; Roberts and Reigart 2013, 
pp. 174-175). Evidence from laboratory and field studies for several 
mammalian and avian species suggests that various pesticide (including 
rodenticide) exposures:
    (1) Reduce immune system function (Repetto and Baliga 1996, pp. 17-
37; Li and Kawada 2006, entire; Zabrodskii et al. 2012, p. 1);
    (2) Are associated with a higher prevalence of infectious disease 
(Riley et al. 2007, pp. 1878, 1882; Vidal et al. 2009, p. 270);
    (3) Cause transient hypothermia (Ahdaya et al. 1976, entire; Gordon 
1984, p. 432; Grue et al. 1991, pp. 158-159), which may contribute to 
an increase in mortality rates (Martin and Solomon 1991, pp. 122,126); 
or
    (4) Possibly impair an animal's ability to recover from physical 
injury (Erickson and Urban 2004, pp. 90, 100, 184, 188, 190-191).
    Exposure to ARs, resulting in death in some cases, is documented in 
many mammalian predators (e.g., Alterio 1996, entire; Shore et al. 
1999, entire; Riley et al. 2007, entire; Gabriel et al. 2012, entire; 
Quinn et al. 2012, entire), but such information is unavailable for 
coastal martens. However, there is wide variability in lethal and 
sublethal levels of ARs exhibited among and within taxonomic groups 
(Gabriel et al. 2012, p. 11), and it is unknown if stressors or 
injuries could predispose all species to elevated mortality rates 
(e.g., Gabriel et al. 2012, p. 10 for fishers). In one California study 
of two fisher populations, the majority (84 percent) of fishers 
(closely related to martens) tested positive for the presence of ARs, 
but at sublethal levels (Thompson et al. 2013, p. 6; Gabriel et al. 
2012, p. 5). Additionally, several fishers have recently been confirmed 
to have died from acute poisoning from ARs on the Hoopa Reservation 
(Gabriel et al. 2012), which is located less than 9 km (5.6 mi) south 
of the coastal marten's extant population area in coastal northern 
California. However, Gabriel et al. (2012, p. 6) determined that AR 
exposure was the direct cause of death for only a small proportion (4 
of 58 individuals found dead within 2 isolated California populations) 
of those fishers examined.
    Little information exists specific to coastal marten exposure or 
response to ARs. Coastal martens within the California population and 
likely the coastal Oregon populations may be exposed to ARs currently 
or in the future in those areas where marijuana grow sites are located 
(which currently is known to be a fraction of the coastal marten's 
range) based on: (1) The proximity of the closely related fisher with 
confirmed exposure to ARs, including in areas as close as 9 km (5.6 mi) 
from the coastal northern California population; (2) the broad use of 
ARs at illegal marijuana cultivation sites, which have been documented 
to occur within or adjacent to portions of both the marten's coastal 
northern California and coastal southern Oregon population areas; and 
(3) the potential continued use of ARs at legal grow sites and other 
areas within the range of the coastal marten where agricultural 
pesticide use

[[Page 18763]]

occurs. Although the presence or use of ARs is documented in many areas 
throughout coastal northern California and into portions of Oregon 
(Higley et al. 2013, p. 2; Oregon High Intensity Drug Trafficking Area 
2013, entire), to date, only one record of a positive exposure exists 
within the range of coastal martens that demonstrates exposure to ARs. 
This information was obtained from non-related, coincidental research 
occurring in the coastal northern California extant population area in 
2014; of six coastal martens assessed, one tested positive for AR 
exposure with a sublethal concentration (Slauson 2014, unpubl. data). 
The individual that tested positive was confirmed killed by a bobcat. 
It is unknown whether the sublethal dose of ARs may have predisposed 
that coastal marten to predation. This information about potential 
exposure of coastal martens to ARs was collected on private lands and 
involved a small sample size (six coastal marten individuals) in one 
portion of the coastal northern California extant population area; 
thus, it is not necessarily representative of the levels of exposure 
throughout other land ownership areas within the remainder of the DPS. 
The sublethal AR exposure of this single coastal marten is the only 
data available to us regarding potential exposure of coastal martens to 
ARs; the best available information does not indicate any population- 
or rangewide-level impacts of AR exposure on coastal martens.
    Overall, illegal and legal marijuana cultivation sites (and use of 
ARs and other pesticides) are present within or near all three coastal 
marten populations, although the probability of exposure varies between 
them. At this time we estimate that the prevalence of illegal marijuana 
cultivation sites (based on data associated with eradicated cultivation 
sites) occurs within approximately 5 percent of the coastal central 
Oregon population area, 25 percent of the coastal southern Oregon 
population area, and 40 percent of the coastal northern California 
population area (Service 2014, unpubl. data). However, the incidence of 
toxicant exposure that may result for coastal martens and the potential 
population-level effects are largely unknown given testing for exposure 
to ARs began only recently. We note significant uncertainty as to the 
severity of impact that this stressor may have at the population- and 
rangewide levels on coastal marten given that the best available data 
are minimal regarding potential exposure to this stressor and any 
consequent effects on coastal martens at this time, including the lack 
of information regarding potential sublethal effects. There are few 
samples to fully determine coastal marten exposure rates to ARs, and no 
tests on martens to determine sublethal exposure rates and effects. The 
recent legalization of marijuana in the State of Oregon adds an 
additional element of uncertainty to evaluation of this stressor, as it 
is unknown whether or how this may potentially affect exposure rates 
(for example, whether there may be a trend toward indoor grow 
operations, which would potentially reduce exposure of wildlife to 
ARs). Based on the analysis contained within the Species Report and 
summarized above, we find the population-level impact from exposure to 
toxicants to be low both currently and into the future, although a 
higher (medium-level) impact may occur for the coastal northern 
California population as a result of higher prevalence of illegal 
marijuana cultivation sites. The best available information does not 
suggest that these impacts rise to the level of a threat, primarily 
based on the available information on levels of known marten exposure 
to ARs and lack of evidence that ARs are having a population-level 
effect.
Small and Isolated Population Effects
    Small, isolated populations are more susceptible to impacts 
overall, and relatively more vulnerable to extinction due to genetic 
problems, demographic and environmental fluctuations, and natural 
catastrophes (Primack 1993, p. 255). That is, the smaller a population 
becomes, the more likely it is that one or more stressors could impact 
a population, potentially reducing its size such that it is at 
increased risk of extinction. We therefore evaluated information 
suggesting that the currently known populations of coastal martens may 
be small or isolated from one another to the degree that such negative 
effects may be realized in the DPS.
    The best available data suggest coastal marten distribution has 
contracted markedly in California and southern Oregon since the early 
20th century. At present there are three known extant populations of 
coastal martens in California and Oregon; however, much of coastal 
Oregon has not been systematically surveyed. Of these known 
populations, the coastal northern California population is the only 
population for which size estimates are available. Based on multi-state 
occupancy modeling, Slauson et al. (2009b, p. 13) estimated that the 
abundance of coastal martens in the coastal northern California 
population area is low (i.e., fewer than 100 individuals in 2008). 
Comparing areas sampled in 2008 to those sampled in 2000 to 2001, 
sample unit occupancy had declined by an estimated 42 percent (Slauson 
et al. 2009b, p. 10). Whether this change may have been part of a 
natural population fluctuation or was related to human-caused factors 
is unknown (Slauson et al. 2009b, p. 14). Although small in size, 
preliminary occupancy estimates for 2012 (which are unchanged from 
2008) suggest no further changes in marten population abundance 
(Slauson et al. 2014, unpubl. data).
    The abundance and trend of coastal marten populations in coastal 
Oregon is unknown; standardized survey efforts for martens in central 
and southern Oregon began in 2014. In the coastal central Oregon 
population area, at least one marten was detected in 2014, and six 
martens have been detected in 2015 in the first weeks of surveys 
(Moriarty 2015, pers. comm.). In addition, surveys just beginning in 
southern coastal Oregon have yielded a marten detection (Moriarty 2015, 
pers. comm.). Surveys are continuing at the time of publication of this 
document.
    Slauson and Zielinski (2009, p. 36) describe the three known extant 
coastal marten populations as disjunct. Verified marten detections have 
clustered into the three extant population areas recognized in this 
document, which are geographically separated. The degree of functional 
connectivity between the known populations is not well understood due 
to insufficient survey effort in many areas, particularly in coastal 
Oregon (Service 2015, p. 29). There are some detections of martens 
occurring between the coastal northern California and coastal southern 
Oregon populations (Service 2015, p. 31, Figure 8.2(B)). Habitat 
modeling suggests connectivity of suitable habitat between these 
populations (Service 2015, pp. 25-26), and there are no known barriers 
to dispersal between them. Suitable habitat is more limited and of 
lower quality between the coastal southern Oregon and coastal central 
Oregon populations, but not entirely discontinuous (Service 2015, pp. 
25-26). Survey efforts have also been more limited in this area to date 
(Service 2015, p. 29). Marten surveys are largely lacking from coastal 
central and coastal northern Oregon, although habitat modeling suggests 
conditions suitable for additional martens that could support the 
existing known populations (Service 2015, p. 29-30, 34).

[[Page 18764]]

    Surveys designed to determine potential occupancy by coastal 
martens (for example, targeting areas of suitable habitat large enough 
to support multiple home ranges) may not necessarily detect animals 
moving between populations. Although not equivalent in function to 
large areas of contiguous habitat, fragmented patches of forest 
sufficient to provide corridors for dispersal of individuals can play 
an important role in maintaining assemblages of old-growth forest 
mammals (Perault and Lomolino 2000, pp. 418-419). The potential habitat 
connectivity between known populations of coastal martens and their 
capacity to travel long distances at least on occasion suggests that 
the geographically disjunct nature of coastal marten populations is not 
necessarily a barrier resulting in isolation. As described earlier, the 
majority of juvenile martens disperse relatively short distances from 
their natal areas, generally less than 15 km (9.3 mi) (Phillips 1994, 
pp. 93-94). The distance between known extant coastal marten 
populations exceeds the mean maximum juvenile dispersal distance for 
martens in general (15 km (9.3 mi); Phillips 1994, pp. 93-94). The 
distance between known extant populations exceeds this distance, but is 
within the maximum observed dispersal capability of martens, ranging 
from 40 to 80 km (25 to 50 mi) (Thompson and Colgan 1987, pp. 831-832; 
Broquet et al. (2006, pp. 1690, 1695), up to 149 km (92 mi) or greater 
(Slough 1989, p. 993; Kyle and Strobeck 2003, p. 61). The relatively 
continuous extent of some limited area of marten habitat, though much 
of it is low in quality, and dispersal capabilities of martens 
indicates that movement between coastal marten populations is possible, 
acknowledging that individuals seeking to traverse areas of 
regenerating forest face reduced probability of survivorship (Johnson 
et al. 2009, p. 3366). For this reason, areas that may provide for safe 
corridors of movement, such as riparian areas retained under State 
forest practice rules (see Factor D, above), may play an important role 
in facilitating connection between larger areas of suitable habitat for 
coastal martens.
    In most cases, genetic interchange need occur only occasionally 
between populations (a minimum of 1 migrant per generation, possibly up 
to 10) to offset the potential negative impacts of inbreeding (e.g., 
Mills and Allendorf 1996, entire; Wang 2004, entire). In addition, 
depending on population sizes and the distance between them, the 
ability of even a few individuals to move between population areas can 
preserve the potential for recolonization or augmentation (Brown and 
Kodric-Brown 1977, entire). Genetic evidence from studies of martens in 
fragmented landscapes suggests that despite separation of populations 
by large distances, up to several hundred kilometers, little genetic 
differentiation is observed (Broquet et al. 2006, p. 1690, citing Kyle 
and Strobeck 2003, pp. 60-61). Broquet et al. (2006, p. 1690) suggest 
this weak genetic structure is indicative of great dispersal capacity 
in martens, and their results suggest that a few successful long-
distance dispersers create enough gene flow in marten populations to 
significantly reduce genetic differentiation that might otherwise 
result from isolation by distance (Broquet et al. 2006, p. 1695).
    Based on all of these consideration, despite the relatively 
geographically disjunct nature of the known extant marten populations, 
we do not have evidence to suggest that the populations are likely 
entirely isolated from one another to the degree that we would expect 
the manifestation of significant negative effects that could 
potentially arise in small, isolated populations, such as inbreeding 
depression. We recognize that habitat quality and contiguity could be 
improved between the extant population areas, and indications are that 
habitat recruitment through management of Federal lands under the NWFP 
should contribute to improved connectivity. Despite room for 
improvement, at this point in time, the best available information 
suggests that the extant population areas are within the dispersal 
capabilities of martens and the habitat suitability model indicates 
some connectivity between populations, at least sufficient to provide 
for occasional genetic interchange. We note that more detailed 
information is needed regarding the size and demographics of coastal 
marten populations, as well as the capability of intervening areas of 
habitat to support dispersing individuals, in order to fully understand 
whether the known populations are faced with any challenges as a result 
of the present degree of connectivity between them.
    Although coastal martens are likely reduced in abundance or 
distribution relative to their historical numbers and range, there is 
no empirical evidence that any current populations of coastal marten 
are in decline. Based upon the analysis contained within the Species 
Report and summarized above, the best available information indicates 
that the coastal northern California population totals fewer than 100 
individuals (Slauson et al. 2009b, p. 13). Although small in size, the 
estimated number of individuals that comprise the coastal northern 
California population of martens appears to have remained the same in 
recent years based on survey data collected since 2008.
    Abundance and trend estimates are not available for the two coastal 
Oregon populations, so it is unknown whether these populations might be 
considered small. Coastal martens have likely been reduced in abundance 
relative to their historical numbers, although Zielinski et al. (2001, 
p. 487) suggest that out of the three west coast States, coastal 
martens are likely most common in Oregon. These researchers note, 
however, an inability to evaluate the status of martens in the coastal 
mountain ranges of central and northern Oregon due to insufficient 
historical or contemporary data (Zielinski et al. 2001, p. 486). Data 
from systematic surveys continue to be limited or nonexistent in 
coastal northern and coastal central Oregon, leading to an inability to 
determine population size, trend, or distribution in these areas at 
this time. However, as noted above, recently initiated surveys in 
coastal central and coastal southern Oregon did result in seven total 
detections of coastal martens in the first weeks of effort in 2015 
(Moriarty 2015, pers. comm.), and surveys are continuing at the time of 
this publication (Moriarty 2015, pers. comm.).
    The three known extant populations of coastal martens are disjunct. 
While this characteristic does have some potential negative effects 
(e.g., potential impacts from other stressors may be exacerbated), 
overall it places the DPS at a diminished risk of extinction due to 
small population size effects (known small population for coastal 
northern California and unknown for coastal Oregon populations) because 
it is unlikely that any stressor will simultaneously affect all three 
populations. In addition, although the populations may be 
discontinuous, we do not have evidence to suggest that populations are 
entirely isolated beyond the potential dispersal range known for 
martens such that negative small population effects are likely to be 
realized. Therefore, based on the best available data, we have 
determined that small or isolated population size effects do not rise 
to the level of a threat either currently or in the future.

Cumulative Effects

    We estimate the potential impact of each stressor described above 
acting alone on coastal marten individuals, populations, and suitable 
habitat. However, coastal marten populations and suitable habitat can 
also be affected

[[Page 18765]]

by all stressors acting together or some of the identified stressors 
acting together (particularly medium-level impacts, as described in 
detail in the Species Report and summarized above). The combined 
effects of those stressors could impact populations or suitable habitat 
in an additive or synergistic manner. Any given stressor could impact 
individuals, a portion of a population, or available suitable habitat 
to varying degrees or magnitude, and alone, a stressor may not 
significantly impact coastal martens or their habitat.
    Based on our analysis of all stressors that may be impacting 
coastal martens or their habitat, including, to be conservative, taking 
into account effects associated with potential small or isolated 
populations (noting that the coastal northern California population is 
known to be small and information is not available to indicate if the 
coastal Oregon populations may be small), it is likely that if any 
cumulative impacts occur, they would do so under the following three 
scenarios:
    (1) A projected increase in the frequency and size of wildfires 
within the coastal southern Oregon and coastal northern California 
portions of the DPS's range due to climate change model projections of 
a warmer, drier climate in the future, which could also change 
vegetation structure.
    (2) A potential increase in coastal marten mortality rates from 
predation, disease, fur trapping in Oregon, and collision with vehicles 
due to reduced marten fitness after sublethal exposure to toxicants 
found at marijuana grow sites, although levels of exposure remain 
unknown.
    (3) Increased coastal marten predation rates due to an increased 
abundance of intraguild predators (e.g., bobcats, fishers) resulting 
from vegetation management activities that improve habitat suitability 
for these marten predators by decreasing shrub densities.
    Here we consider the impacts of each of these potential cumulative 
effect scenarios:
    Models of climate change predict potential increases in wildfire 
frequency and size within the coastal southern Oregon and coastal 
northern California portions of the DPS. As described in our analysis 
in ``Wildfire'' under Factor A, above, we expect that wildfire impacts 
are likely to occur throughout the range of the coastal marten at a 
level similar to the historical impacts that have occurred within each 
extant population area between 1984-2012 (roughly 30 years), and we 
expect that fire frequency, size, and severity in the future will be 
fairly similar or slightly higher in some areas based on climate change 
projections. Based on these 30 years of data, we can reasonably 
estimate that these effects will continue with the same approximate 
level of impact throughout the DPS into the next 30 years, although 
they may be slightly higher in the coastal southern Oregon and coastal 
northern California population areas. Additionally, we do not have 
information that climate change will result in vegetation changes that 
will make significant portions of currently occupied coastal marten 
habitat unsuitable. Therefore, the best available data at this time do 
not suggest that the cumulative effects of wildfire and climate change 
rise to the level of a threat to the DPS overall for the following 
reasons:
    (1) Although climate change models generally predict warmer, drier 
conditions in the future, the coastal marten primarily inhabits forests 
that are relatively less vulnerable to such changes. The overall 
continued presence of relatively moist habitat conditions for coastal 
marten habitat, primarily along the western coast, including overall 
cooler, moist summer conditions, moderate the dry conditions that 
promote fire ignition and spread.
    (2) Moderate- and high-quality habitat for coastal martens has 
remained following recent large wildfires (i.e., wildfires that have 
burned at mixed severities (LANDFIRE 2008a; LANDFIRE 2008b; LANDFIRE 
undated(a))); these fires have not resulted in extensive stand-
replacement within the coastal marten's range.
    (3) Neither adverse changes to coastal marten habitat through 
potential vegetation changes nor the loss of habitat from future 
wildfires is expected to be significant, nor is the combined effect of 
these two potential stressors.
    Sublethal effects of anticoagulant rodenticides have been 
demonstrated for many species (see discussion in the Species Report 
(Service 2015, p. 57)), and can include reduced blood clotting 
abilities and excessive bleeding. Sublethal exposure to ARs has been 
shown to make individuals of non-mustelid mammals more susceptible to 
environmental stressors such as adverse weather, food shortages, and 
predation (Erickson and Urban 2004, p. 99; Jaques 1959, p. 851; Cox and 
Smith 1992, p. 169; Brakes and Smith 2005, p. 121; LaVoie 1990, p. 29), 
potentially predisposing individuals to death from other causes. 
However, there is wide variability in lethal and sublethal levels of 
ARs exhibited among and within taxonomic groups (Gabriel et al. 2012, 
p. 11), and it is unknown if stressors or injuries could predispose all 
species to elevated mortality rates (e.g., Gabriel et al. 2012, p. 10 
for fishers). While it is possible that these effects could occur for 
coastal martens, the best available data at this time do not support a 
conclusion that the cumulative effects of rodenticides (which may occur 
at relatively few sites within the extant population areas and thus 
reduce likelihood of exposure) combined with other environmental 
stressors rise to the level of a threat to the DPS overall. Relatively 
few marijuana grow sites have been found within the extant population 
areas (which reduce likelihood of exposure), there are too few samples 
to determine coastal marten exposure rates to ARs, and no tests have 
been conducted on martens to determine sublethal exposure rates and 
effects. Furthermore, none of the data available (related to exposure 
and potential lethal or sublethal effects) demonstrate an effect 
leading to current or future population declines.
    Vegetation management activities that reduce the shrub layer that 
coastal martens rely on could also provide increased suitable habitat 
for marten predators, such as bobcats, resulting in potential increased 
levels of predation on coastal martens. In general, however, we expect 
such vegetation management activities would be restricted primarily to 
private lands. As discussed above (see Summary of Species Information, 
above), the majority of the area known to be occupied by coastal 
martens is composed of Federal lands, and most of these Federal lands 
are in reserves managed under the standards and guidelines of the NWFP. 
As these areas are under management for the protection or enhancement 
of late-successional forest characteristics, we do not expect extensive 
management activities on these lands to reduce shrub densities and thus 
potentially result in increased abundance of intraguild predators. 
Reduced shrub densities as a result of vegetation management on private 
lands may pose an increased risk of predation to individual coastal 
martens seeking to disperse through such areas, which poses some 
challenges in terms of maintaining or developing connectivity between 
populations. Although a potential reduction in the complexity of herb 
and shrub layers on these private lands is likely to continue and thus 
potentially result in increased suitable habitat for marten predators, 
these vegetation changes are expected to be offset by the continued 
maintenance and enhancement of significant portions of suitable habitat 
on forested reserves throughout the range of the coastal marten. Thus, 
at this time, cumulative

[[Page 18766]]

effects of potential vegetation management activities and predation do 
not rise to the level of a threat to the DPS overall.
    In summary, the best available scientific and commercial data at 
this time do not show that combined impacts of the most likely 
cumulative impact scenarios are resulting in significant individual- or 
population-level effects to the coastal marten, including when taking 
into consideration small population size, where known. Although all or 
some of the stressors could potentially act in concert as a cumulative 
threat to the coastal marten, there is ambiguity in either the 
likelihood or level of impacts for the various stressors at the 
population or rangewide level, or the data indicate only individual-
level impacts. There is little doubt that coastal marten populations 
today are smaller and their range has been reduced compared to 
historical conditions, which potentially increases the vulnerability of 
the coastal marten to potential cumulative low- or medium-level 
impacts. However, the best available information does not provide 
reliable evidence to suggest that current coastal marten populations 
are experiencing population declines or further reductions in 
distribution, which would be indicative of such impacts. Thus, the best 
available scientific and commercial data do not indicate that these 
stressors (including consideration of effects associated with 
potentially small or isolated populations, to be conservative) are 
cumulatively causing now or will cause in the future a substantial 
decline of the total extant populations of the coastal marten across 
its range. Therefore, we have determined that the cumulative impacts of 
these potential stressors do not rise to the level of a threat.

Conservation Efforts

    The Humboldt Marten Conservation Group (HMCG) was formed in 2011, 
with the primary goal of developing a conservation assessment and 
strategy for the [then described] Humboldt marten subspecies (Martes 
americana humboldtensis) in coastal northern California. A memorandum 
of understanding (MOU) was signed on September 26, 2012, between the 
Service, Six Rivers National Forest, the U.S. Forest Service Pacific 
Southwest Research Station, Redwood National and State Parks, 
California Department of Fish and Wildlife (CDFW; formerly California 
Department of Fish and Game (CDFG)), California Department of Parks and 
Recreation (CDPR), the Yurok Tribe, and the Green Diamond Resource 
Company (Service 2012, entire). Each signatory party designated two or 
more members to provide input to the conservation assessment and 
strategy, and to guide future implementation of priority conservation 
actions, irrespective of land ownership. In January 2014, an Oregon 
stakeholder group was formed to work with the HMCG to extend 
conservation efforts for the coastal marten into Oregon. This informal 
group includes participation from Federal, State, timber, and tribal 
interests.
    The HMCG is cooperatively developing a conservation strategy to 
address coastal marten population and habitat needs across its range, 
including the goal of increasing the abundance and distribution of 
coastal martens through habitat retention, habitat restoration, and 
establishment of additional populations within their historical range. 
The strategy uses strategic habitat conservation and adaptive 
management principles, and will identify necessary permits and 
compliance needs well in advance of the need for such authorization. 
Each party seeks input and support from scientific and technical 
support staff within their agencies or organizations for the entire 
HMCG to consider for integration in overall planning, implementation, 
analysis, and monitoring efforts collectively found to be necessary for 
the conservation of coastal marten and its habitat. It is not the 
intent of the conservation strategy to supplant any ongoing and planned 
conservation efforts by the individual parties; instead, the 
conservation strategy intends to identify opportunities to enhance 
those conservation efforts. The HMCG holds quarterly meetings to 
facilitate completion and implementation of the conservation strategy. 
The California component of the conservation strategy is estimated to 
be completed in the spring of 2015, followed by the Oregon component in 
late 2015 or early 2016. A final conservation strategy for both states 
(as a single coastal marten conservation strategy) is estimated to be 
completed in 2016.
    Tribes that own or manage lands within the historical range of the 
coastal marten (and may or may not have currently suitable coastal 
marten habitat on their lands) include: Coquille Indian Tribe; 
Confederated Tribes of Grand Ronde Community of Oregon; Confederated 
Tribes of Siletz Indians of Oregon (Siletz Indians); Hoopa Valley 
Tribe, California; Yurok Tribe of the Yurok Reservation, California 
(Yurok Tribe); Wiyot Tribe, California; Karuk Tribe; Elk Valley 
Rancheria, California; Smith River Rancheria, California; Resighini 
Rancheria, California; Big Lagoon Rancheria, California; Cher-Ae 
Heights Indian Community of the Trinidad Rancheria, California; Blue 
Lake Rancheria, California; Bear River Band of the Rohnerville 
Rancheria, California; Cahto Tribe of the Laytonville Rancheria; 
Sherwood Valley Rancheria of Pomo Indians of California; and Manchester 
Band of Pomo Indians of the Manchester Rancheria, California.
    Although suitable habitat for coastal martens may occur on tribal 
lands, our records indicate that none of the tribes in coastal Oregon 
or in coastal northern California specifically manage for coastal 
marten populations or habitat on their lands. However, the Siletz 
Indians manage 1,700 ha (4,300 ac) of forest land for the benefit of 
marbled murrelets (Brachyramphus marmoratus) in Oregon, which 
coincidentally may also provide suitable habitat for coastal martens, 
and the Yurok Tribe is a member of the HMCG and currently owns 
approximately 23 percent of the total area of the coastal northern 
California population area, most of which is occupied by coastal 
martens. The best available information does not identify what the 
Yurok Tribe's vegetation management activities or potential impacts may 
be to coastal martens and their habitat. However, we will continue to 
work with the Yurok Tribe, including through the HMCG, and explore 
potential coastal marten conservation actions on their lands. We also 
anticipate coordinating with other tribes that may harbor suitable 
coastal marten habitat within the range of the coastal marten.
    In addition to conservation actions either planned or already being 
implemented related to the HMCG and tribal efforts, the Green Diamond 
Resource Company's (formerly Simpson Timber Company) 1992 Northern 
Spotted Owl Habitat Conservation Plan (HCP) (Simpson Timber Company 
1992, entire) covers lands that contain suitable habitat for coastal 
marten. This HCP describes how Green Diamond Resource Company 
identifies (during planning for timber harvest) ways to retain resource 
attributes that provide core habitat for future northern spotted owl 
habitat, including retention of: (1) Hardwood and conifer patches, (2) 
habitat structure along watercourses, (3) hard and soft snags, (4) 
standing live culls (i.e., trees of marketable size that are useless 
for all but firewood or pulpwood because of crookedness, rot, injuries, 
or damage from disease or insects), and (5) small areas of undisturbed 
brush (Simpson Timber Company 1992, entire). These HCP goals 
coincidentally will provide a

[[Page 18767]]

benefit to coastal martens that may occur on those lands. However, we 
note that the level and extent of resource retention are not defined, 
and the current description to retain ``small areas of undisturbed 
brush'' is helpful, but not necessarily adequate for the needs of the 
coastal marten (i.e., management relies primarily on clear cut 
management of timberlands). The Green Diamond Resource Company is in 
the initial stages of developing a new HCP for their lands, although 
currently the coastal marten is not a covered species. Because 11 
percent of the coastal northern California extant population area is on 
Green Diamond Resource Company timberlands, we are currently working 
with them to incorporate conservation actions into the HCP that would 
benefit the coastal marten and its habitat, particularly in those areas 
that lie between large suitable tracks of public lands.

Finding

    As required by the Act, we considered the five factors in assessing 
whether the coastal marten is an endangered or threatened species 
throughout all of its range. We examined the best scientific and 
commercial data available regarding the past, present, and future 
stressors faced by the coastal marten. We reviewed the petition, 
information available in our files, and other available published and 
unpublished information, and we consulted with recognized marten and 
habitat experts, and other Federal, State, and tribal agencies. Listing 
is warranted if, based on our review of the best available scientific 
and commercial data, we find that the stressors to the coastal DPS of 
the Pacific marten are so severe or broad in scope as to indicate that 
the coastal marten is in danger of extinction (endangered), or likely 
to become endangered within the foreseeable future (threatened), 
throughout all or a significant portion of its range.
    For the purposes of this evaluation, we are required to consider 
potential impacts to coastal martens into the foreseeable future. Based 
on the best available scientific and commercial information and to 
provide the necessary temporal context for assessing stressors to 
coastal martens, we determined 15 years (i.e., 3 marten generations) to 
be the foreseeable future for consideration of most of the stressors to 
coastal marten, as this period allows for analysis of multiple 
generations of coastal martens over a reasonable time period, as 
opposed to examining further into the future where assumptions or 
extensive uncertainty would not allow meaningful predictions of 
potential future impacts. For two stressors, we have defined different 
periods: 30 years constitutes the foreseeable future over which we 
assessed the stressor of wildfire (based on the expected future 
equivalent level of fire frequency, size, and severity as compared to 
the past 30 years), and 40-50 years constitutes the foreseeable future 
over which we assessed the stressor of climate change (based on model 
projections of climate changes for coastal Oregon and coastal northern 
California).
    We evaluated each of the potential stressors in the Species Report 
(Service 2015, entire) for the coastal DPS of Pacific marten, and we 
determined that wildfire (Factor A), habitat impacts due to the effects 
of climate change (Factor A), vegetation management (Factor A), 
development (Factor A), trapping (for fur and research purposes) 
(Factor B), disease (Factor C), predation (Factor C), collision with 
vehicles (Factor E), exposure to toxicants (Factor E), and small and 
isolated population size effects (Factor E) are factors that have 
either minimally impacted individuals in one or more of the populations 
or that may potentially have impacts on individuals or populations in 
the future. Our analysis resulted in the following conclusions for each 
of the stressors:
     Wildfire impacts are likely to occur throughout the range 
of the coastal marten similar to the historical impacts that have 
occurred based on the impact level estimates of the prevalence of 
wildfires within each extant population area between 1984-2012 (roughly 
30 years). Overall, these impacts do not rise to the level of a threat 
based on the continued persistence of moderate- and high-quality 
habitat following past fires, the continued presence of relatively 
moist habitat conditions (overall) that moderate the dry conditions 
that promote fire ignition and spread, and little effect of altered 
structure or composition of the dominant forest types in areas that 
have experienced fire suppression. Thus, we do not anticipate a 
significant reduction in suitable habitat for coastal martens as the 
result of wildfire.
     Climate change modeling predicts a range of potential 
effects on vegetation, including some that indicate conditions could 
remain suitable for coastal martens in portions of the coastal range. 
The severity of potential impacts to coastal marten habitat will likely 
vary across the range, with effects to coastal martens potentially 
ranging from negative to neutral or potentially beneficial. Although 
many climate models generally agree about the changes in temperature 
and precipitation, the consequent effects on vegetation are more 
uncertain, as is the rate at which any such changes might be realized. 
Therefore, it is not clear how or when changes in forest type and plant 
species composition will affect the distribution of coastal marten 
habitat. There is additional uncertainty as to fine-scale features of 
suitable marten habitat that may be affected by climate change, whether 
any changes will occur at a scale relevant to the taxon, and how these 
changes will be expressed in the coastal marten populations. Overall, 
we lack sufficient information to predict with any certainty the future 
direct impacts of climate change on coastal marten habitat or 
populations. Consequently, we have determined that we do not have 
reliable information to suggest that climate change is a threat to 
coastal marten habitat now or in the future, although we will continue 
to seek additional information concerning how climate change may affect 
coastal marten habitat.
     Vegetation management is likely to have an overall low 
impact on the loss, degradation, or fragmentation of suitable coastal 
marten habitat across the range of the DPS both currently and into the 
future. Some loss of suitable habitat (primarily low-quality suitable 
habitat) is expected to continue to occur into the future on private 
lands within all three population areas. However, private lands support 
a relatively small proportion of the suitable habitat available for 
coastal martens within extant population areas. Federal lands 
constitute a majority of the extant population areas, have longer 
timber-harvest rotations, and retain more structural features on the 
subset of that area in matrix lands. In addition, most of the Federal 
lands that provide suitable habitat are in Federal Reserves, which are 
managed for the maintenance and recruitment of late-successional 
habitat characteristics beneficial for coastal martens; suitable 
habitat is thus expected to increase in Federal Reserves. Therefore, 
overall potential impacts from vegetation management do not rise to the 
level of a threat.
     Development has an overall low impact on the loss, 
degradation, or fragmentation of suitable coastal marten habitat across 
the range of the DPS both currently and into the future, and thus does 
not rise to the level of a threat. If development does occur, loss of 
suitable habitat is expected to be minimal, as has been the trend over 
the past 30 years.
     Fur trapping of coastal martens has no impact to the 
population in coastal northern California because trapping for martens 
is illegal in California. Possible illegal fur trapping in California, 
as well as rangewide potential impacts

[[Page 18768]]

associated with livetrapping for research purposes or incidental 
trapping of martens (when intentionally trapping for other furbearer 
species) is not expected to result in population-level impacts. Some 
martens could be trapped in Oregon where fur trapping for martens is 
legal, although we estimate that potential impacts will not be 
significant at the population- or rangewide level based on the best 
available trapping data for Oregon. Additionally, potential impacts 
from live-trapping and handling for research purposes on coastal marten 
populations is discountable. Thus, impacts from fur trapping and 
trapping for research purposes across the coastal marten's range do not 
rise to the level of a threat.
     Disease has not been documented in the past within coastal 
marten populations. The prevalence of possible past exposure to lethal 
pathogens within the coastal northern California population and the 
coastal Oregon populations has not been determined, and we have no 
information to suggest that disease is currently present in any of the 
populations. At this point in time, there is a low probability that a 
disease outbreak may occur. We anticipate that if there should be an 
outbreak, it would likely have a low impact on all three coastal marten 
populations combined since the distance between the extant populations 
makes it unlikely that an outbreak would spread to all three 
populations. Thus, disease does not rise to the level of a threat.
     Predation is a natural process and is generally only 
considered a threat if it is occurring at unnaturally high levels that 
are not sustainable. The population-level impact of predation within 
the three coastal marten extant population areas is currently unknown, 
although the best available data from one evaluation of predation 
indicate a 33 percent annual predation rate for the coastal northern 
California population (Slauson et al. 2014, unpubl. data). This level 
of predation is expected to be sustainable when compared with the 
observed annual juvenile coastal marten survival rate of 50 percent, 
and thus predation alone would not likely result in a population-level 
impact. Therefore, based on the best available data at this time, we 
have determined that predation does not rise to the level of a threat 
given that it is a natural phenomenon that appears to be occurring at a 
sustainable level.
     Collisions with vehicles are rare, but they can be 
expected into the future. Known rates of mortality due to collisions 
with vehicles have been low for coastal martens, and the best available 
information does not suggest any significant increases in vehicular 
traffic or new highways to be built in areas where martens occur. 
Therefore, it is reasonable to expect the impact of collisions with 
vehicles on coastal martens to continue at similar levels into the 
future and not rise to the level of a threat.
     Illegal and legal marijuana cultivation sites (and use of 
ARs and other pesticides) are present within or near all three coastal 
marten populations, although the probability of exposure varies between 
them. The degree of exposure and the effect of such exposure on coastal 
martens, should it occur, is unknown and thus far unstudied. There is 
significant uncertainty as to the severity of impact that this stressor 
may have on coastal martens at the population- and rangewide levels 
given that the best available data are minimal regarding this stressor 
and coastal martens at this time, and given the lack of information 
regarding potential sublethal effects. Furthermore, it is unclear how 
the recent legalization of marijuana in Oregon will affect the amount 
or spread of illegal marijuana grow sites. The best available 
information does not suggest that these potential impacts rise to the 
level of a threat, primarily based on the available information on 
levels of known marten exposure to ARs and lack of evidence that ARs 
are having a population-level effect.
     Small, isolated populations are more susceptible to 
impacts, and therefore, we evaluated whether coastal marten populations 
are small and isolated such that these negative effects are likely to 
be realized. At this time, evidence suggests that coastal marten 
distribution has contracted markedly in California and southern Oregon 
since the early 20th century. Although the coastal northern California 
population abundance declined in the recent past (based on survey data 
between 2000 and 2008 (Slauson et al. 2009b, p. 10)), the population 
abundance since that time appears to have remained unchanged as 
indicated by the most recent preliminary abundance estimates available 
from 2012. The abundance and trend of coastal marten populations in 
coastal Oregon is unknown, although recent surveys in some areas of 
coastal Oregon (which are not yet complete) are documenting the 
presence of martens as anticipated. Although the known populations are 
disjunct, the dispersal capabilities of martens and habitat modeling 
suggest the potential for interchange of individuals between the 
populations. In addition, martens may occur between or adjacent to the 
known populations in areas where surveys have been limited or absent. 
The best available data at this time indicate that although coastal 
martens are likely reduced in abundance or distribution relative to 
their historical numbers and range, there is no empirical evidence that 
any current populations of coastal marten are in decline. Thus, small 
or isolated population size effects do not rise to the level of a 
threat either currently or in the foreseeable future.
     Potential cumulative impacts to the coastal marten from 
all stressors combined or some of the stressors are possible; however, 
the most likely scenarios for cumulative impacts are likely to only 
occur from the following three scenarios: Increased frequency or size 
of wildfires associated with potential climate changes; increased 
coastal marten mortality rates from predation, disease, or other 
factors following a sublethal exposure to toxicants; or possible 
increased coastal marten predation rates due to decreased shrub 
densities resulting from vegetation management activities. Based on the 
best available data at this time and as described above, none of these 
possible cumulative impacts are likely to occur currently or into the 
foreseeable future to such a degree that the effects are expected to 
lead to population- or rangewide-level declines. Therefore, the 
cumulative impact of these potential stressors does not rise to the 
level of a threat.
    We also evaluated existing regulatory mechanisms (Factor D) and did 
not determine an inadequacy of existing regulatory mechanisms for 
coastal marten. Specifically, we found that multiple Federal land use 
plans (e.g., LRMPs, NWFP) or State regulations (e.g., Oregon forest 
practice rules) are being implemented, often providing broad latitude 
for land managers, but with explicit sideboards for directing 
management activities. We also note that significant Federal efforts 
have been developed and are being implemented (e.g., NWFP) to abate the 
large-scale loss of forested habitat-types deemed essential for coastal 
martens. Additional efforts are also underway within the reserve areas 
that constitute a majority of the Federal lands in areas occupied by 
coastal martens to promote further recruitment of such habitat.
    None of these impacts, as summarized above, was found to 
individually or cumulatively impact the coastal DPS of Pacific marten 
to a degree such that listing is warranted at this time. Based on the 
analysis contained within the Species Report (Service 2015, pp. 41-95), 
we conclude that the best available scientific and commercial 
information indicates that these stressors are not

[[Page 18769]]

singly or cumulatively causing a decline of the DPS or its habitat 
currently, nor are the stressors likely to be significant in the 
foreseeable future to the degree that they would result in declines of 
one or more populations such that the DPS would be in danger of 
extinction, or likely to become so within the foreseeable future.
    We base our decision on the following:
    (1) Although habitat-based impacts may be occurring currently or in 
the future primarily as a result of wildfire and vegetation management 
(and, to an unknown degree, the effects of climate change), much of the 
coastal marten's habitat is not in especially fire-prone forest types, 
and vegetation management has significant impacts only on the 
relatively small area in private ownership within its range. 
Significant amounts of moderate- and high-suitability habitat are 
currently available on Federal and State lands within all three 
population areas, including approximately 44 percent of the coastal 
central Oregon population area, 70 percent of the coastal southern 
Oregon population area, and 63 percent of the coastal northern 
California population. Moderate- and high-suitability habitat in the 
coastal central Oregon population area is a currently undetermined 
value greater than 44 percent because the habitat suitability model did 
not account for occupied coastal dune habitat that exists as a narrow 
coastal strip along the western boundary of that population area. 
Overall, the existing moderate- and high-suitability habitat includes 
some areas that appear to be either (or both): (a) Resilient to many 
high-severity fires due to pronounced levels of precipitation and cool, 
moist summer conditions that exist along the coast currently and into 
the future; and (b) protected from significantly damaging treatments of 
vegetation management (i.e., State and Federal lands such as those 
being managed under the NWFP, National Park Service lands, and lands 
managed by the Oregon and California Department of Parks and 
Recreation), including 77 percent of the moderate- and high-suitability 
habitat in the coastal central Oregon population area, 90 percent of 
the moderate- and high-suitability habitat in the coastal southern 
Oregon population area, and 78 percent of the moderate- and high-
suitability habitat in the coastal northern California population area.
    (2) Coastal marten populations throughout their range have likely 
experienced declines or significant impacts in the past (i.e., 
harvesting and trapping for fur), which undoubtedly influenced the 
current distribution of these populations. The population size of 
coastal martens in the coastal northern California population area is 
estimated to be fewer than 100, but is no longer in decline as shown by 
survey data available from 2000, 2008, and preliminary abundance 
estimates from 2012. The abundance and distribution of coastal martens 
in coastal Oregon is unknown, coastal northern Oregon is unsurveyed, 
and there are no data available on which to estimate any trend in known 
populations in coastal central and coastal southern Oregon. We presume 
that coastal marten populations may not be especially large or 
expansive, given the historical impacts of overtrapping and timber 
harvest. However, these past threats have been largely ameliorated, and 
we have no evidence to suggest that current stressors are resulting in 
any population declines, such that we would consider the DPS of coastal 
marten to be on a trajectory toward extinction. We thoroughly evaluated 
impacts to the DPS and its habitat with regard to the five listing 
factors. Similar to the stressors described in (1) above for potential 
impacts to habitat, we found minimal evidence of population-level 
impacts.
    We recognize a need to continue to monitor the coastal marten 
because the populations are disjunct, which in general makes them more 
susceptible to stressors than species with larger, more well-connected 
populations. There has been relatively little survey effort throughout 
much of the range of the DPS, however. In general, the interchange of 
only a few individuals is needed to maintain genetic connectivity 
between populations over time. As described in this document and the 
Species Report (Service 2015, entire), there are stressors that we find 
may be having some effect on coastal marten populations, albeit not to 
the degree that they currently rise to the level that listing is 
warranted. We will continue to monitor the status of the DPS and 
evaluate any other information we receive. Additional information will 
continue to be accepted on all aspects of the DPS. If at any time data 
indicate that protective status under the Act should be provided or if 
there are new threats or increasing stressors that rise to the level of 
a threat, we can initiate listing procedures, including, if 
appropriate, emergency listing pursuant to section 4(b)(7) of the Act.
    In conclusion, we acknowledge that the coastal marten population in 
California may be reduced in size relative to its historical abundance, 
and that coastal martens may be reduced in distribution as compared to 
their historical range. A listing determination, however, must be based 
on our assessment of the current status of the species--in this case, 
the coastal DPS of the Pacific marten--in relation to the five listing 
factors under the Act. Section 4 of the Act requires that we make such 
a determination based solely on the best scientific and commercial data 
available. To this end, we must rely on reasonable conclusions as 
supported by the best available science to assess the current and 
future status to determine whether the coastal marten meets the 
definition of an endangered or threatened species under the Act. Based 
on our review of the best available scientific and commercial 
information pertaining to the five factors, we find that the stressors 
acting upon the coastal DPS of the Pacific marten are not of sufficient 
imminence, intensity, or magnitude to indicate that the coastal marten 
is in danger of extinction now (endangered), or likely to become 
endangered within the foreseeable future (threatened), throughout all 
of its range.

Significant Portion of the Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is an endangered or a threatened species 
throughout all or a significant portion of its range. The Act defines 
``endangered species'' as any species which is ``in danger of 
extinction throughout all or a significant portion of its range,'' and 
``threatened species'' as any species which is ``likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.'' The term ``species'' includes ``any 
subspecies of fish or wildlife or plants, and any distinct population 
segment [DPS] of any species of vertebrate fish or wildlife which 
interbreeds when mature.'' We published a final policy interpreting the 
phrase ``Significant Portion of its Range'' (SPR) (79 FR 37578; July 1, 
2014). The final policy states that (1) if a species is found to be an 
endangered or a threatened species throughout a significant portion of 
its range, the entire species is listed as an endangered or a 
threatened species, respectively, and the Act's protections apply to 
all individuals of the species wherever found; (2) a portion of the 
range of a species is ``significant'' if the species is not currently 
an endangered or a threatened species throughout all of its range, but 
the portion's contribution to the viability of the species is so 
important that, without the members in that portion, the species would 
be in danger of extinction, or likely to become so in the foreseeable 
future, throughout

[[Page 18770]]

all of its range; (3) the range of a species is considered to be the 
general geographical area within which that species can be found at the 
time the Service or NMFS makes any particular status determination; and 
(4) if a vertebrate species is an endangered or a threatened species 
throughout an SPR, and the population in that significant portion is a 
valid DPS, we will list the DPS rather than the entire taxonomic 
species or subspecies.
    The SPR Policy is applied to all status determinations, including 
analyses for the purposes of making listing, delisting, and 
reclassification determinations. The procedure for analyzing whether 
any portion is an SPR is similar, regardless of the type of status 
determination we are making. The first step in our analysis of the 
status of a species (``species'' under the Act refers to any listable 
entity, including species, subspecies, or DPS) is to determine its 
status throughout all of its range. If we determine that the species is 
in danger of extinction, or likely to become so in the foreseeable 
future, throughout all of its range, we list the species as an 
endangered (or threatened) species and no SPR analysis is required. If 
the species is neither an endangered nor a threatened species 
throughout all of its range, we determine whether the species is an 
endangered or a threatened species throughout a significant portion of 
its range. If it is, we list the species as an endangered or a 
threatened species, respectively; if it is not, we conclude that 
listing the species is not warranted.
    When we conduct an SPR analysis, we first identify any portions of 
the species' range that warrant further consideration. The range of a 
species can theoretically be divided into portions in an infinite 
number of ways. However, there is no purpose to analyzing portions of 
the range that are not reasonably likely to be significant and either 
endangered or threatened. To identify only those portions that warrant 
further consideration, we determine whether there is substantial 
information indicating that (1) the portions may be significant, and 
(2) the species may be in danger of extinction in those portions or 
likely to become so within the foreseeable future. We emphasize that 
answering these questions in the affirmative is not a determination 
that the species is an endangered or a threatened species throughout a 
significant portion of its range--rather, it is a step in determining 
whether a more detailed analysis of the issue is required. In practice, 
a key part of this analysis is whether the threats are geographically 
concentrated in some way. If the threats to the species are affecting 
it uniformly throughout its range, no portion is likely to warrant 
further consideration. Moreover, if any concentration of threats apply 
only to portions of the range that clearly do not meet the biologically 
based definition of ``significant'' (i.e., the loss of that portion 
clearly would not be expected to increase the vulnerability to 
extinction of the entire species), those portions will not warrant 
further consideration.
    If we identify any portions that may be both (1) significant and 
(2) endangered or threatened, we engage in a more detailed analysis to 
determine whether these standards are indeed met. The identification of 
an SPR does not create a presumption, prejudgment, or other 
determination as to whether the species in that identified SPR is an 
endangered or a threatened species. We must go through a separate 
analysis to determine whether the species is an endangered or a 
threatened species in the SPR. To determine whether a species is an 
endangered or a threatened species throughout an SPR, we will use the 
same standards and methodology that we use to determine if a species is 
an endangered or a threatened species throughout its range.
    Depending on the biology of the species, its range, and the threats 
it faces, it may be more efficient to address the ``significant'' 
question first, or the status question first. Thus, if we determine 
that a portion of the range is not ``significant,'' we do not need to 
determine whether the species is an endangered or a threatened species 
there; if we determine that the species is not an endangered or a 
threatened species in a portion of its range, we do not need to 
determine if that portion is ``significant.''
    We consider the historical range of the coastal marten to include 
coastal Oregon from the Columbia River (Clatsop and Columbia counties) 
south into northern Sonoma County, California, including suitable 
habitat from the coast eastward to an elevation of 1,524 m (5,000 ft). 
This range encompasses the coastal central Oregon extant population 
area, the coastal southern Oregon extant population area, the coastal 
northern California extant population area, and the intervening 
habitat. Based on the best available information at this time, these 
populations account for the current distribution of the DPS.
    In considering any significant portion of the coastal marten's 
range, we considered whether the stressors facing the coastal marten 
might be different at three locations where the coastal martens have 
been found and, thus, geographically concentrated in some portion of 
the range of the DPS. In the Summary of Information Pertaining to the 
Five Factors analysis above, we identified the most likely potential 
differences associated with fur trapping in Oregon, wildfire, climate 
change, development and vegetation management (timber harvesting), and 
toxicant exposure.
    (1) Fur trapping is legal in Oregon, and thus the two Oregon 
populations may be affected by this activity. Population-level impacts 
of legal coastal marten fur trapping within the two Oregon extant 
population areas have not been studied, as the impact of trapping on a 
marten population requires an estimate of population abundance, which 
is currently unavailable for both extant population areas in coastal 
Oregon. Based on the very few individuals removed from this population 
over time (36 individuals harvested from trapping over a 26-year 
period, between 1969 and 1995--on average fewer than 2 per year), the 
best available data indicate that fur trapping is unlikely to result in 
population-level impacts.
    Fur trapping of martens is illegal in California but legal for 
other furbearer species. We expect that nearly all coastal martens that 
are accidentally captured in box traps set for other furbearer species 
(or that are live-trapped for research purposes) are released unharmed. 
Although illegal fur trapping specifically for martens is also a 
possibility in California, the best available data at this time do not 
indicate that illegal fur trapping or incidental legal live-trapping 
for coastal martens for research purposes is resulting in population-
level impacts. Overall, we do not find that the potential impacts from 
fur trapping (illegal or legal) and live-trapping for research purposes 
are geographically concentrated in any one portion of the range of the 
DPS.
    (2) The potential impacts from wildfire are slightly greater within 
the coastal southern Oregon and coastal northern California populations 
as compared to the coastal central Oregon population when considering 
historical (between 1984 and 2012) wildfire incidents and the 
likelihood that into the foreseeable future (approximately 30 years), 
the frequency, intensity, and severity of wildfires are expected to be 
similar to the recent past. However, these wildfires in coastal 
southern Oregon and coastal northern California have burned at varying 
levels of severity and have thus only partially impacted (i.e., not 
completely removed) suitable habitat and the adjacent, intervening

[[Page 18771]]

suitable habitat that the coastal marten would need to rely on during 
post-fire habitat recovery periods. Surveys of these areas (including 
the drier, inland, xeric areas) post-burn indicate that low-, moderate-
, and high-suitability habitat remain within and adjacent to these past 
wildfire perimeters. Therefore, although future wildfires are expected 
to occur similarly to those documented in the past 30 years throughout 
the coastal marten's range (i.e., among all three extant population 
areas), and given the potential for increased temperatures and 
decreased precipitation over the next 50 years (see ``Climate Change'' 
under Factor A, above) throughout its entire range, we do not 
anticipate a concentration of threats in any one portion of the DPS' 
range due to:
    (a) The coastal marten's range continuing to occur within a 
(generally) fog-influenced coastal zone, and thus the continued 
widespread presence of persistent, moist conditions year-round 
(including Pacific storms in the winter and cloud cover or coastal fog 
in the summer) that likely result in lower severity wildfires than what 
would occur in areas without the a moist, coastal influence; and
    (b) The anticipated widespread presence of varying levels of 
suitable habitat post-fire throughout the coastal marten's range, as 
demonstrated by post-burn surveys.
    (3) The potential impacts from climate change are slightly greater 
within the coastal southern Oregon and coastal northern California 
populations, which models indicate could result in a warmer and drier 
climate into the foreseeable future (40 to 50 years) as compared to the 
coastal central Oregon population. Nearly all models that encompass the 
landscape containing these two population areas show shifts in 
vegetation type to habitat that may be considered less favorable for 
coastal martens. However, most models project these shifts in 
vegetation type over time by the end of the century, and the models 
predict these same potential vegetation shifts in coastal central and 
northern Oregon. Additionally, even if vegetation shifts occur, 
suitable habitat for coastal martens is expected to remain in portions 
of the coastal southern Oregon and coastal northern California 
population areas, to which coastal martens could migrate (see Climate 
Change, above). Overall, we do not anticipate a geographic 
concentration of threats in any one portion of the DPS' range given the 
variety of potential effects from climate change, the high level of 
uncertainty regarding the nature and timing of any such effects, and 
the likelihood that suitable habitat for coastal martens will remain 
available into the foreseeable future throughout the entire range of 
the DPS despite potential climate change impacts.
    (4) Both development (e.g., road building, dam construction and 
creation of new reservoirs, conversion of forest habitat for 
agricultural use, development and expansion of recreational areas) and 
vegetation management (e.g., timber harvest, thinning, fuels reduction) 
are expected to continue on some private lands throughout the range of 
the coastal marten. These activities potentially may occur to a greater 
extent in the coastal central Oregon population area as compared to the 
coastal southern Oregon and coastal northern California population 
areas due to the greater percentage of moderate- and high-suitability 
marten habitat in private ownership in the coastal central Oregon 
population area (i.e., 23 percent as opposed to 10 percent and 11 
percent, respectively). However, the best available data do not 
indicate that either potential development activities or vegetation 
management in one or more of these population areas will occur at a 
level greater than any other (i.e., the potential impacts are uniformly 
distributed throughout the DPS's range). Additionally, the best 
available data do not indicate that any new development or vegetation 
management activities (i.e., those that would remove currently suitable 
habitat) would occur into the foreseeable future to such a degree that 
population-level impacts are likely. We have made this conclusion 
primarily based on the extensive amount of Federal lands both within 
and adjacent to all three populations where overall beneficial 
vegetation management (such as that outlined in the NWFP) would occur, 
thus providing an overall conservation benefit to coastal marten 
rangewide.
    Some vegetation management activities may also occur throughout the 
coastal marten's range that may result in short-term impacts to coastal 
marten (such as thinning, fuels reduction projects, and habitat 
restoration), but eventually result in long-term benefits to coastal 
martens and their habitat. In these cases, the long-term benefits 
likely outweigh the potential short-term, localized impacts by 
improving habitat suitability for the coastal marten in the long-term 
through: (a) Minimizing loss of late-successional stands due to 
wildfires, and (b) accelerating the development of late-seral 
characteristics. Although short-term degradation of suitable habitat 
could occur, these types of projects are designed to ultimately 
increase the overall amount, distribution, and patch size of suitable 
coastal marten habitat.
    (5) Potential exposure of coastal martens to toxicants as a result 
of illegal marijuana cultivation sites is likely to continue on some 
lands within the coastal marten's range. This type of activity could 
potentially occur in those areas where marijuana grow sites are located 
(which currently is known to be a fraction of the coastal marten's 
range). Based on the presence of suitable climate conditions for 
marijuana cultivation and data that indicate a greater concentration of 
recently eradicated cultivation sites within or near the coastal 
northern California population area, these activities may possibly 
occur to a greater extent in the coastal northern California population 
area as compared to the coastal Oregon population areas. Of note is 
that incidence of toxicant exposure and the potential population-level 
effects to coastal marten are largely unknown, and there is significant 
uncertainty as to the severity of impact (both lethal and sublethal) 
that this stressor may have at the population- and rangewide levels on 
coastal marten, especially given the recent legalization of marijuana 
in Oregon (note that marijuana is not legal in California). The best 
available data indicate broad use of ARs at illegal marijuana 
cultivation sites, as well as continued use of ARs at legal grow sites, 
both of which are found within the range of the DPS, but the degree of 
exposure that may result for coastal martens is unknown. To date, only 
one record of a positive exposure exists within the range of the 
coastal marten that demonstrates exposure to ARs. Therefore, at this 
time, the best available data do not indicate that the coastal marten's 
exposure to ARs will occur at a level greater than any other in any one 
portion of the range of the DPS.
    In summary, our evaluation of the best available information 
indicates that the overall level of stressors is not geographically 
concentrated in one portion of the coastal marten's range, and that the 
stressors that have the potential to impact coastal martens are 
relatively consistent across its range (Service 2015, entire). 
Therefore, it is our conclusion, based on our evaluation of the current 
potential threats to the coastal marten (see Summary of Information 
Pertaining to the Five Factors section of this finding and the 
``Stressors on Coastal Marten Populations and Habitat'' section of the 
Species Report (Service 2015, pp. 41-95)), that no portion of the range 
of the coastal DPS of Pacific marten warrants

[[Page 18772]]

further consideration of possible endangered or threatened status under 
the Act.
    Our review of the best available scientific and commercial 
information indicates that the coastal marten is not in danger of 
extinction (endangered) nor likely to become endangered within the 
foreseeable future (threatened), throughout all or a significant 
portion of its range. Therefore, we find that listing the coastal DPS 
of the Pacific marten as an endangered or threatened species under the 
Act is not warranted at this time.
    We request that you submit any new information concerning the 
status of, or threats to, the coastal marten to our Arcata Fish and 
Wildlife Office (see ADDRESSES) whenever it becomes available. New 
information will help us monitor coastal martens and encourage their 
conservation. If an emergency situation develops for the coastal 
marten, we will act to provide immediate protection.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the Arcata Fish and 
Wildlife Office (see ADDRESSES).

Authors

    The primary authors of this document are the staff members of the 
Pacific Southwest Regional Office.

Authority

    The authority for this section is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: March 30, 2015.
Robert Dreher,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-07766 Filed 4-6-15; 8:45 am]
 BILLING CODE 4310-55-P



                                                     18742                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     DEPARTMENT OF THE INTERIOR                              telephone at 707–822–7201; or by                       of a regulation implementing the
                                                                                                             facsimile at 707–822–8411. If you use a                petitioned action is precluded by other
                                                     Fish and Wildlife Service                               telecommunications device for the deaf                 pending proposals to determine whether
                                                                                                             (TDD), please call the Federal                         species are endangered or threatened,
                                                     50 CFR Part 17                                          Information Relay Service (FIRS) at                    and expeditious progress is being made
                                                     [Docket No. FWS–R8–ES–2011–0105;                        800–877–8339.                                          to add or remove qualified species from
                                                     4500030113]                                             SUPPLEMENTARY INFORMATION:                             the Federal Lists of Endangered and
                                                                                                                                                                    Threatened Wildlife and Plants
                                                                                                             Acronyms and Abbreviations Used in                     (‘‘warranted but precluded’’). Section
                                                     Endangered and Threatened Wildlife
                                                                                                             This Document                                          4(b)(3)(C) of the Act requires that we
                                                     and Plants; 12-Month Finding on a
                                                     Petition To List Humboldt Marten as an                     We use many acronyms and                            treat a petition for which the requested
                                                     Endangered or Threatened Species                        abbreviations throughout this 12-month                 action is found to be warranted but
                                                                                                             finding. To assist the reader, we provide              precluded as though resubmitted on the
                                                     AGENCY:   Fish and Wildlife Service,                    a list of these here for easy reference:               date of such finding, that is, requiring a
                                                     Interior.                                                                                                      subsequent finding to be made within
                                                                                                             Act = Endangered Species Act of 1973, as
                                                     ACTION: Notice of 12-month petition                       amended (16 U.S.C. 1531 et seq.)                     12 months. We must publish these 12-
                                                     finding.                                                AR = Anticoagulant Rodenticides                        month findings in the Federal Register.
                                                                                                             BLM = Bureau of Land Management
                                                     SUMMARY:   We, the U.S. Fish and                        CBD = Center for Biological Diversity
                                                                                                                                                                    Previous Federal Actions
                                                     Wildlife Service (Service), announce a                  CDFG = California Department of Fish and                  On September 28, 2010, we received
                                                     12-month finding on a petition to list                    Game (see below)                                     a petition dated September 28, 2010,
                                                     the previously classified subspecies                    CDFW = California Department of Fish and               from the Center for Biological Diversity
                                                     Humboldt marten (Martes americana                         Wildlife (formerly CDFG)                             (CBD) and the Environmental Protection
                                                                                                             CDPR = California Department of Parks and
                                                     humboldtensis), or the (now-recognized)                   Recreation
                                                                                                                                                                    Information Center (EPIC), requesting
                                                     subspecies of Humboldt marten (Martes                   CESA = California Endangered Species Act               that we consider for listing the (then-
                                                     caurina humboldtensis), or the                          CEQA = California Environmental Quality                classified) subspecies Humboldt marten
                                                     Humboldt marten distinct population                       Act                                                  (Martes americana humboldtensis), or
                                                     segment (DPS) of the Pacific marten (M.                 CFR = Code of Federal Regulations                      the (now-recognized) subspecies
                                                     caurina) as an endangered or threatened                 DPS = Distinct Population Segment                      Humboldt marten (M. caurina
                                                     species under the Endangered Species                    EPIC = Environmental Protection Information            humboldtensis), or the Humboldt
                                                     Act of 1973, as amended (Act). The                        Center                                               marten DPS of the Pacific marten (M.
                                                                                                             Forest Service = U.S. Forest Service                   caurina). The petitioners further
                                                     petition and this finding also address                  FR = Federal Register
                                                     populations of marten from coastal                      GIS = Geographic Information System
                                                                                                                                                                    stipulated that, based on recent genetic
                                                     Oregon, which recent genetic analyses                   HCP = Habitat Conservation Plan                        analyses indicating that populations of
                                                     indicate are likely to be the same entity               HMCG = Humboldt Marten Conservation                    marten from coastal Oregon (considered
                                                     as the current classification of                          Group                                                members of M. a. caurina) are more
                                                     Humboldt marten. We recognize a                         IPCC = Intergovernmental Panel on Climate              closely related to M. a. humboldtensis
                                                     coastal DPS of the Pacific marten (which                  Change                                               than to M. a. caurina in the Cascades of
                                                     includes coastal Oregon populations of                  IUCN = International Union for Conservation            Oregon (citing Dawson 2008, Slauson et
                                                                                                               of Nature                                            al. 2009a), the range of the subspecies or
                                                     marten and the current classification of                LANDFIRE = Landscape Fire and Resource
                                                     Humboldt marten) and find that this                                                                            DPS of the Humboldt marten should be
                                                                                                               Management Planning Tools Project
                                                     DPS is not warranted for listing at this                LRMP = Land and Resource Management                    expanded to include coastal Oregon
                                                     time. However, we ask the public to                       Plan                                                 populations of martens. In a letter to the
                                                     submit to us any new information that                   MDL = Multi-District Litigation                        petitioners dated October 22, 2010, we
                                                     becomes available concerning the                        MOU = Memorandum of Understanding                      responded that we reviewed the
                                                     stressors that may be impacting the                     MTBS = Monitoring Trends in Burn Severity              information presented in the petition
                                                     coastal DPS of Pacific marten or its                    NMFS = National Marine Fisheries Service               and determined that issuing an
                                                                                                             NWFP = Northwest Forest Plan                           emergency regulation temporarily
                                                     habitat at any time.                                    OAR = Oregon Administrative Rules
                                                     DATES: The finding announced in this
                                                                                                                                                                    listing the species under section 4(b)(7)
                                                                                                             ODF = Oregon Department of Forestry
                                                     document was made on April 7, 2015.                                                                            of the Act was not warranted.
                                                                                                             RMP = Resource Management Plan
                                                                                                             Service = U.S. Fish and Wildlife Service
                                                                                                                                                                       On January 12, 2012, we published in
                                                     ADDRESSES: This finding is available on                                                                        the Federal Register a 90-day finding
                                                                                                             SPR = Significant Portion of [a Species’]
                                                     the Internet at http://                                                                                        (77 FR 1900) that the petition presented
                                                                                                               Range
                                                     www.regulations.gov at Docket Number                    USDA = U.S. Department of Agriculture                  substantial information indicating that
                                                     FWS–R8–ES–2011–0105. Supporting                                                                                listing may be warranted and that
                                                     documentation we used in preparing                      Background                                             initiated a status review. For purposes
                                                     this finding is available for public                      Section 4(b)(3)(B) of the Act (16                    of the 90-day finding, the common name
                                                     inspection, by appointment, during                      U.S.C. 1531 et seq.) requires that, for                Humboldt marten referred to the then-
                                                     normal business hours at the U.S. Fish                  any petition to revise the Federal Lists               classified American marten (M.
                                                     and Wildlife Service, Arcata Fish and                   of Endangered and Threatened Wildlife                  americana) populations in coastal
                                                     Wildlife Office, 1655 Heindon Road,
mstockstill on DSK4VPTVN1PROD with PROPOSALS3




                                                                                                             and Plants that contains substantial                   northern California and coastal Oregon.
                                                     Arcata, CA 95521. Please submit any                     scientific or commercial information                      On June 23, 2014, we published a
                                                     new information, materials, comments,                   suggesting that listing a species may be               scoping notice in the Federal Register
                                                     or questions concerning this finding to                 warranted, we make a finding within 12                 (79 FR 35509) that summarized the
                                                     the above street address.                               months of the date of receipt of the                   uncertainty regarding the taxonomic
                                                     FOR FURTHER INFORMATION CONTACT:                        petition. In this finding, we will                     classification of the subspecies (based
                                                     Bruce Bingham, Field Supervisor, U.S.                   determine that the petitioned action is:               on current genetics information) and
                                                     Fish and Wildlife Service, Arcata Fish                  (1) Not warranted, (2) warranted, or (3)               indicated our intent to conduct an
                                                     and Wildlife Office (see ADDRESSES); by                 warranted, but the immediate proposal                  evaluation (for the 12-month finding) of


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                          18743

                                                     a potential DPS of martens in coastal                   Segment Analysis, below, for additional                border (Grinnell and Dixon 1926,
                                                     northern California and coastal Oregon                  discussion related to our decision that a              entire). In 1953, Wright (1953, entire)
                                                     relative to the full species classification             coastal DPS of the Pacific marten                      described one species, the American
                                                     level.                                                  (hereafter referred to as ‘‘coastal                    marten (M. americana), which included
                                                        According to section 3(16) of the Act,               marten’’) constitutes the listable entity              as subspecies both the Humboldt [Pine]
                                                     we may consider for listing any of three                for this status review.                                marten subspecies (M. a.
                                                     categories of vertebrate animals: A                        This notice constitutes the 12-month                humboldtensis), and the former western
                                                     species, subspecies, or DPS (see the                    finding on the September 28, 2010,                     marten species (M. caurina), classified
                                                     Service’s 1996 DPS Policy at 61 FR                      petition to list the (then-classified)
                                                                                                                                                                    as M. a. caurina.
                                                     4722). We refer to each of these                        subspecies Humboldt marten (Martes
                                                     categories as a potential ‘‘listable                    americana humboldtensis), or the (now-                    As noted above, at the time of our 90-
                                                     entity.’’ We evaluated three possible                   recognized) subspecies Humboldt                        day finding (77 FR 1900; January 12,
                                                     listable entities for this 12-month                     marten (M. caurina humboldtensis), or                  2012), the Humboldt marten was
                                                     finding based upon the best available                   the Humboldt marten DPS of the Pacific                 classified as Martes americana
                                                     published and unpublished information                   marten (M. caurina) as an endangered or                humboldtensis. Subsequently, Dawson
                                                     for martens in coastal northern                         threatened species.                                    and Cook (2012, entire) split the
                                                     California and coastal Oregon (for                         This finding is based upon the                      American marten, recognizing the
                                                     further details, please see the Current                 Species Report titled ‘‘Coastal Oregon                 Pacific marten (M. caurina) for all
                                                     Taxonomic Description and Listable                      and Northern Coastal California                        martens occurring west of the Rocky
                                                     Entity Evaluation and Distinct                          populations of the Pacific marten                      Mountain crest, based on genetic and
                                                     Population Segment Analysis sections,                   (Martes caurina)’’ (Service, 2015)                     morphological differences. Currently,
                                                     below):                                                 (Species Report), a scientific analysis of             the classification of the Humboldt
                                                        • Subspecies Humboldt marten                         available information prepared by a
                                                                                                                                                                    marten in coastal northern California is
                                                     (Martes americana humboldtensis): This                  team of Service biologists from the
                                                                                                                                                                    M. c. humboldtensis, and the marten
                                                     entity was considered not reasonable for                Service’s Arcata Fish and Wildlife
                                                     evaluation because its species-level                    Office, Oregon Fish and Wildlife Office,               populations occurring in adjacent
                                                     name is no longer considered valid.                     Pacific Southwest Regional Office,                     coastal Oregon are M. c. caurina. In
                                                     Specifically, Dawson and Cook (2012,                    Pacific Regional Office, and National                  addition, as currently recognized,
                                                     entire) split the then-classified                       Headquarters Office. The purpose of the                populations of martens in the Oregon
                                                     American marten (M. americana) to                       Species Report is to provide the best                  Cascades northward through the State of
                                                     recognize the Pacific marten (M.                        available scientific and commercial                    Washington and into British Columbia,
                                                     caurina) for all martens occurring west                 information about the species so that we               Canada, are also M. c. caurina.
                                                     of the Rocky Mountain crest.                            can evaluate whether or not the species                   Ongoing genetic research indicates
                                                        • Subspecies Humboldt marten                         warrants protection under the Act. In it,              uncertainty in the currently accepted
                                                     (Martes caurina humboldtensis): This                    we compiled the best scientific and                    Pacific marten subspecies delineations
                                                     entity was considered not reasonable for                commercial data available concerning                   in California and Oregon. Specifically,
                                                     evaluation because its description is                   the status of the coastal Oregon and                   the best available data indicate that the
                                                     (currently) specifically linked with the                northern coastal California populations
                                                     extant population that resides in coastal                                                                      Martes caurina humboldtensis
                                                                                                             of Pacific marten, including past,
                                                     northern California and does not                                                                               population in coastal northern
                                                                                                             present, and future threats to these
                                                     include the coastal Oregon populations,                 populations. As such, the Species                      California (Humboldt, Siskiyou, and Del
                                                     which the best available genetics data                  Report, including the appendix,                        Norte Counties) and the two known M.
                                                     indicate are likely the same entity.                    provides the scientific basis that informs             c. caurina populations in coastal Oregon
                                                        • DPS of the Pacific marten (Martes                  our regulatory decision in this                        (Curry, Coos, coastal portion of Douglas,
                                                     caurina): We considered it reasonable                   document, which involves the further                   coastal portion of Lane, Lincoln, and
                                                     that a DPS of the Pacific marten                        application of standards within the Act                Tillamook Counties) are likely a single
                                                     constitute the listable entity for our                  and its regulations and policies. The                  evolutionary unit (clade) (Slauson et al.
                                                     status review based on our evaluations                  Species Report can be found on the                     2009a, p. 1,340; Schwartz and Slauson
                                                     of the best scientific and commercial                   Internet at http://www.regulations.gov,                2015, pers. comm.) (as noted in the
                                                     data currently available (including                     Docket No. FWS–R8–ES–2011–0105.                        scoping notice that published in the
                                                     unpublished genetics information), and                                                                         Federal Register on June 23, 2014 (79
                                                     our consideration of the Service’s                      Current Taxonomic Description
                                                                                                                                                                    FR 35509), and was made available for
                                                     February 7, 1996, Policy Regarding the                     The American marten (Martes                         review at http://www.regulations.gov,
                                                     Recognition of Distinct Vertebrate                      americana) was originally described as                 Docket No. FWS–R8–ES–2014–0023).
                                                     Population Segments Under the                           a single species by Turton (1806, entire),             Although questions regarding the
                                                     Endangered Species Act (DPS Policy; 61                  based on specimens from eastern North
                                                                                                                                                                    taxonomy of marten subspecies in
                                                     FR 4722). As such, we considered in the                 America. In 1890, Merriam (1890,
                                                                                                                                                                    northern California and Oregon are not
                                                     scoping notice (79 FR 35509; June 23,                   entire) considered a new species,
                                                                                                                                                                    new (i.e., both the petition we received
                                                     2014) that the DPS include the currently                Mustela [=Martes] caurina, to be those
                                                     recognized M. caurina humboldtensis                     martens found west of the Rocky                        (CBD and EPIC 2010) and our 90-day
                                                                                                                                                                    finding (January 12, 2012; 77 FR 1900)
mstockstill on DSK4VPTVN1PROD with PROPOSALS3




                                                     (i.e., Humboldt marten) and the coastal                 Mountains. In 1926, the Humboldt
                                                     populations of M. caurina caurina in                    [Pine] marten (M. c. humboldtensis) was                identified ongoing genetic research and
                                                     Oregon (i.e., Oregon Coast Range group).                described as a subspecies of Martes                    taxonomic uncertainty), the best
                                                     We solicited information regarding our                  caurina (Grinnell and Dixon 1926,                      available information indicate that the
                                                     consideration of the coastal northern                   entire); historically, this subspecies was             original designation of two separate
                                                     California and coastal Oregon                           distributed throughout the coastal, fog-               marten subspecies occurring in coastal
                                                     populations of Pacific marten as a single               influenced coniferous forests of                       northern California and coastal Oregon
                                                     listable entity. See Listable Entity                    northern California from northwestern                  is likely invalid (Schwartz and Slauson
                                                     Evaluation and Distinct Population                      Sonoma County north to the Oregon                      2015, pers. comm.).


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                                                     18744                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     Listable Entity Evaluation and Distinct                 satisfies either one of the following                  their same positions. The commenter
                                                     Population Segment Analysis                             conditions: (1) It is markedly separated               who disagreed with the proposed
                                                        Based on the September 28, 2010,                     from other populations of the same                     coastal DPS of the Pacific marten as the
                                                     petition, and information received both                 taxon as a consequence of physical,                    listable entity believed more
                                                     prior and subsequent to our June 23,                    physiological, ecological, or behavioral               information, including genetics, would
                                                     2014, scoping notice regarding the                      factors; or (2) it is delimited by                     be required and that the entity we
                                                     listable entity, we considered whether                  international governmental boundaries                  proposed would not be a valid DPS
                                                     the potential coastal DPS of Pacific                    within which differences in control of                 according to Service criteria. Following
                                                     marten meets the definition of a DPS as                 exploitation, management of habitat,                   publication of the scoping notice in the
                                                     described in the Service’s DPS Policy                   conservation status, or regulatory                     Federal Register, we received more
                                                                                                             mechanisms exist that are significant in               genetics information (Schwartz and
                                                     (61 FR 4722; February 7, 1996).
                                                        Section 3(16) of the Act defines the                 light of section 4(a)(1)(D) of the Act.                Slauson 2015, pers. comm.) that
                                                                                                                If a population is found to be discrete,            supports our consideration of a coastal
                                                     term ‘‘species’’ to include ‘‘. . . any
                                                                                                             then it is evaluated for significance                  DPS of the Pacific marten.
                                                     subspecies of fish or wildlife or plants,
                                                                                                             under the DPS Policy on the basis of its                  After taking into consideration the
                                                     and any distinct population segment of
                                                                                                             importance to the taxon to which it                    comments received and conducting
                                                     any species of vertebrate fish or wildlife
                                                                                                             belongs. This consideration may                        further evaluation of the best available
                                                     which interbreeds when mature.’’ We
                                                                                                             include, but is not limited to, the                    scientific and commercial information
                                                     have always understood the phrase                       following: (1) Persistence of the discrete
                                                     ‘‘interbreeds when mature’’ to mean that                                                                       (including additional genetics
                                                                                                             population segment in an ecological                    information), we confirm here that this
                                                     a DPS must consist of members of the                    setting unusual or unique to the taxon;
                                                     same species or subspecies in the wild                                                                         DPS is a listable entity, including the
                                                                                                             (2) evidence that loss of the discrete                 currently recognized Martes caurina
                                                     that would be biologically capable of                   population segment would result in a
                                                     interbreeding if given the opportunity,                                                                        humboldtensis (i.e., Humboldt marten)
                                                                                                             significant gap in the range of a taxon;               and the coastal populations of M.
                                                     but all members need not actually                       (3) evidence that the population
                                                     interbreed with each other. A DPS is a                                                                         caurina caurina in Oregon (i.e., Oregon
                                                                                                             represents the only surviving natural                  Coast Range group). This entity is
                                                     subset of a species or subspecies, and                  occurrence of a taxon that may be more
                                                     cannot consist of members of a different                                                                       reasonable given:
                                                                                                             abundant elsewhere as an introduced                       (1) The best available data (e.g., new
                                                     species or subspecies. The ‘‘biological                 population outside of its historical
                                                     species concept’’ defines species                                                                              genetics information, similar habitat
                                                                                                             range; or (4) evidence that the
                                                     according to a group of organisms, their                                                                       usage) suggest that the coastal northern
                                                                                                             population differs markedly from other
                                                     actual or potential ability to interbreed,                                                                     California marten population and the
                                                                                                             populations of the species in its genetic
                                                     and their relative reproductive isolation                                                                      coastal Oregon marten populations
                                                                                                             characteristics.
                                                     from other organisms. This concept is a                    If a population segment is both                     represent a single evolutionary entity as
                                                     widely accepted approach to defining                    discrete and significant (i.e., it qualifies           opposed to two separate entities
                                                     species. The Act’s use of the phrase                    as a potential DPS), its evaluation for                (Schwartz et al., In prep.). In particular,
                                                     ‘‘interbreeds when mature’’ reflects this               endangered or threatened status is based               Schwartz et al. (In prep.) has provided
                                                     understanding. Use of this phrase with                  on the Act’s definitions of those terms                substantive information (with both
                                                     respect to a DPS is simply intended to                  and a review of the factors listed in                  mitochondrial and nuclear DNA
                                                     mean that a DPS must be comprised of                    section 4(a) of the Act. According to our              evaluations) that the marten populations
                                                     members of the same species or                          DPS Policy, it may be appropriate to                   occurring in coastal northern California
                                                     subspecies. As long as this requirement                 assign different listing classifications to            and coastal Oregon are unique and more
                                                     is met, a DPS may include multiple                      different DPSs of the same vertebrate                  closely related to each other than to
                                                     populations of vertebrate organisms                     taxon.                                                 other groups/populations of Pacific
                                                     even if they may not actually interbreed                   We were petitioned to list collectively             martens, to the extent that they are
                                                     with each other. For example, a DPS                     two groups of the Pacific marten (two                  diagnosably distinct from all other
                                                     may consist of multiple populations of                  populations in Oregon and one in                       Pacific martens.
                                                     a fish species separated into different                 California) that are currently recognized                 (2) Existing genetics information
                                                     drainages. While these populations may                  as belonging to two separate subspecies                (Slauson et al. 2009a, entire) suggests
                                                     not actually interbreed with each other,                (as described above). To ensure that we                that subspecies-level taxonomy of M. c.
                                                     their members are biologically capable                  evaluated the most accurate listable                   humboldtensis, M. c. caurina, and
                                                     of interbreeding.                                       entity based on the best scientific and                possibly other subspecies of the Pacific
                                                        The National Marine Fisheries Service                commercial data currently available                    marten as currently classified may be
                                                     (NMFS) and the Service published a                      (including unpublished genetics                        inaccurate.
                                                     joint Policy Regarding the Recognition                  information), we published a scoping                      (3) The DPS Policy (February 7, 1996;
                                                     of Distinct Vertebrate Population                       notice in the Federal Register on June                 61 FR 4722) states that the population
                                                     Segments Under the Endangered                           23, 2014 (79 FR 35509), notifying the                  segment under consideration must be
                                                     Species Act (DPS Policy on February 7,                  public that we considered it reasonable                evaluated for discreteness and
                                                     1996 (61 FR 4722). According to the                     that a coastal DPS of the Pacific marten               significance in relation to the remainder
                                                     DPS Policy, two elements must be                        constitute the listable entity for our                 of the taxon to which it belongs.
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                                                     satisfied in order for a population                     status review.                                         Ordinarily, in the present case we
                                                     segment to qualify as a possible DPS:                      We received eight comment letters                   would evaluate the marten populations
                                                     discreteness and significance. If the                   from six entities in response to our June              relative to the subspecies to which they
                                                     population segment qualifies as a DPS,                  23, 2014, scoping notice. Four entities                belong, but the populations in question
                                                     the conservation status of that DPS is                  agreed with our proposed DPS, one was                  currently represent two separate
                                                     then evaluated to determine whether it                  silent, and one disagreed with our                     subspecies and there is uncertainty as to
                                                     is endangered or threatened.                            evaluation of a coastal DPS of the                     the legitimacy of those subspecies
                                                        A population segment of a vertebrate                 Pacific marten as the listable entity; two             classifications, rendering such an
                                                     species may be considered discrete if it                entities commented twice reiterating                   evaluation invalid.


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                           18745

                                                       (4) Uncertainty in the subspecies-level               geographical isolation (i.e., separated by                (3) Large patches of unsuitable habitat
                                                     taxonomy of Pacific marten logically                    areas of unsuitable habitat), and marked               on the eastern edge of the historical
                                                     necessitates that we elevate our                        genetic differences between those                      range in this region would likely deter
                                                     evaluation of the DPS relative to the                   coastal populations (coastal Oregon and                juvenile martens from moving east. As
                                                     Pacific marten at the full species level.               coastal northern California) and other                 described below in the section
                                                     In other words, we apply the criteria for               populations of Pacific marten are                      Summary of Species Information, the
                                                     evaluating a coastal DPS of the Pacific                 evidence of this long-standing                         coastal Oregon and coastal northern
                                                     marten relative to the full species                     separation. The extant population in                   California populations of Pacific
                                                     Pacific marten (Martes caurina) as a                    coastal northern California is separated               martens require a dense shrub
                                                     whole.                                                  from the Sierra marten subspecies                      understory comprised of shade-tolerant
                                                       (5) The DPS Policy (February 7, 1996;                 (Martes caurina sierrae) by unsuitable                 shrub species within the conifer-
                                                     61 FR 4722) states that ‘‘In all cases, the             habitat to the east in the Klamath River               dominated overstory that they occupy
                                                     organisms in a population are members                   canyon. The coastal central Oregon                     (Zielinski et al. 2001, p. 485; Slauson et
                                                     of a single species or lesser taxon.’’                  extant population is separated from                    al. 2007, p. 464), and in coastal Oregon
                                                     Therefore, given (1) through (4) above,                 Pacific marten populations to the east                 and coastal northern California, this
                                                     an evaluation at the species level is                   (in the Oregon Cascade Mountains)                      dense shrub layer generally does not
                                                     appropriate. Consequently, for purposes                 primarily by unsuitable habitat within                 occur outside of the coastal fog-
                                                     of this Finding, below we evaluate the                  the Willamette Valley. Although some                   influenced areas. Thus, martens in
                                                     Pacific marten populations that occur in                suitable habitat occurs between the                    coastal northern California and coastal
                                                     coastal Oregon and coastal northern                     coastal southern Oregon extant                         Oregon are functionally isolated from
                                                     California under our DPS Policy.                        population area and the southern                       other marten populations by their
                                                       For this 12-month finding and DPS                     Cascades population of Pacific martens                 dependence on the dense shrub layer
                                                     analysis of the Pacific marten                          to the east, the distance to large blocks              found in the coastal coniferous forests of
                                                     populations that occur in coastal Oregon                of suitable habitat in the southern                    this region.
                                                     and coastal northern California, we                     Cascade Mountains far exceeds the
                                                     reviewed and evaluated all available                                                                              The coastal Oregon and coastal
                                                                                                             mean maximum dispersal distance for                    northern California populations of
                                                     published and unpublished                               martens (see discussion below).
                                                     information, including numerous                                                                                Pacific martens are also markedly
                                                                                                             Additionally, martens that occur in
                                                     publications, reports, and other data                                                                          separated from other populations of the
                                                                                                             coastal Oregon and coastal northern
                                                     submitted by the public. Marten                                                                                Pacific marten as evidenced by
                                                                                                             California occur in areas without
                                                     distribution in coastal northern                                                                               quantitative measures of genetic
                                                                                                             significant, persistent snowpack
                                                     California and coastal Oregon is                                                                               discontinuity. The Humboldt marten
                                                                                                             (Slauson 2003, p. 66; Slauson et al., In
                                                     discussed in detail in the ‘‘Species                                                                           was historically distributed throughout
                                                                                                             prep.). Mountain ranges to the east that
                                                     Distribution’’ section of the Species                                                                          the coastal coniferous forests of
                                                                                                             have both unsuitable marten habitat and
                                                     Report titled ‘‘Coastal Oregon and                                                                             northern California from northwestern
                                                                                                             are covered by significant, persistent
                                                     Northern Coastal California populations                                                                        Sonoma County northward to the
                                                                                                             snowpack stand between the coastal
                                                     of the Pacific marten (Martes caurina)’’                Oregon and coastal northern California                 Oregon border (Grinnell et al. 1937, pp.
                                                     (Service 2015, pp. 28–32), which is                     populations of Pacific martens and other               207–210). Recent phylogenetic analyses
                                                     available on the Internet at http://                    Pacific marten populations (e.g.,                      using mitochondrial DNA (mtDNA)
                                                     www.regulations.gov, Docket No. FWS–                    separation of Humboldt and Sierra                      support the distinctiveness of the
                                                     R8–ES–2011–0105.                                        Nevada populations), thereby effectively               Humboldt marten subspecies, based on
                                                                                                             isolating the coastal marten populations               the presence of distinct haplotypes
                                                     Discreteness                                                                                                   shared by historical museum specimens
                                                                                                             from other Pacific martens. East-west
                                                        Under the DPS Policy, a population                   movements that would potentially                       and martens currently occupying
                                                     segment of a vertebrate taxon may be                    connect Pacific marten populations in                  portions of the historical range in
                                                     considered discrete if it satisfies either              coastal Oregon and coastal northern                    northern coastal California (Slauson et
                                                     one of the following conditions:                        California with inland Pacific marten                  al. 2009a, entire). Marten populations in
                                                        (1) It is markedly separated from other              populations are likely rare because:                   coastal Oregon, which were historically
                                                     populations of the same taxon as a                         (1) Most juvenile marten dispersal                  described as M. c. caurina, also share
                                                     consequence of physical, physiological,                 distances (that are published in                       these haplotypes, leading Slauson et al.
                                                     ecological, or behavioral factors.                      literature) in both logged and unlogged                (2009a, pp. 1338–1339) to suggest that
                                                     Quantitative measures of genetic or                     forests range from less than or equal to               martens in the Coast Range of Oregon
                                                     morphological discontinuity may                         5 km (3.1 mi) (Broquet et al. 2006, p.                 may also be M. c. humboldtensis.
                                                     provide evidence of this separation.                    1,694) to approximately 15 km (9.3 mi)                 Furthermore, preliminary results of a
                                                        (2) It is delimited by international                 (Phillips 1994, pp. 93–94; Pauli et al.                subspecific genetic evaluation of the
                                                     governmental boundaries within which                    2012, p. 393). The distance between the                Pacific marten by Schwartz et al. (In
                                                     differences in control of exploitation,                 coastal Oregon and coastal northern                    prep.)––using nuclear DNA (nDNA) and
                                                     management of habitat, conservation                     California populations of Pacific                      samples from substantially more
                                                     status, or regulatory mechanisms exist                  martens and other Pacific marten                       martens than used by Slauson et al.
                                                     that are significant in light of section                populations to the east exceeds the                    (2009a)––demonstrate that the coastal
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                                                     4(a)(1)(D) of the Act. As the marten                    likely maximum dispersal distance.                     Oregon and coastal northern California
                                                     populations in question here do not                        (2) Pacific martens within the three                populations of Pacific martens are
                                                     transcend an international boundary,                    extant populations in coastal Oregon                   clearly distinguishable from other
                                                     this criterion does not apply.                          and coastal northern California likely                 populations of Pacific marten on the
                                                        As described below, the Pacific                      only need to disperse short distances to               basis of their genetic characteristics.
                                                     marten populations that occur in coastal                establish a home range because there are               Schwartz et al. (In prep.) indicate that
                                                     Oregon and coastal northern California                  typically sufficient amounts of                        coastal Oregon and northern coastal
                                                     are markedly separated from other                       unoccupied suitable habitat available                  California marten populations represent
                                                     Pacific marten populations by                           within their natal area.                               a single evolutionary clade, calling into


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                                                     18746                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     question the separation of the original                    (4) Evidence that the discrete                      significance criterion of the DPS Policy.
                                                     subspecies range boundaries (i.e., M. c.                population segment differs markedly                    Therefore, under the Service’s DPS
                                                     humboldtensis in northern coastal                       from other populations of the species in               Policy, we find that the populations of
                                                     California and M. c. caurina in coastal                 its genetic characteristics.                           Pacific martens in coastal Oregon and
                                                     Oregon) at the California-Oregon border.                   To be considered significant, a                     coastal northern California are
                                                     Although some low degree of                             population segment needs to satisfy                    significant to the taxon to which they
                                                     introgression indicates occasional past                 only one of these conditions. Other                    belong.
                                                     movement of individuals between                         classes of information that might bear                 Conclusion of DPS Analysis Regarding
                                                     coastal and inland populations, the                     on the biological and ecological                       Pacific Martens in Coastal Oregon and
                                                     evidence suggests this was an infrequent                importance of a discrete population                    Coastal Northern California
                                                     occurrence (Schwartz et al., In prep.);                 segment may also be used as
                                                     thus, the coastal Oregon and coastal                                                                              As stated above under Current
                                                                                                             appropriate, to provide evidence for
                                                     northern California populations of                                                                             Taxonomic Description, the best
                                                                                                             significance, as described in the DPS
                                                     Pacific martens are effectively                                                                                available scientific and commercial
                                                                                                             Policy (61 FR 4722; February 7, 1996).
                                                     genetically discrete from other                                                                                information suggests that the coastal
                                                                                                             At least two of the significance criteria
                                                     populations of Pacific marten.                                                                                 Oregon populations of Pacific marten
                                                                                                             are met for the marten populations in
                                                       In summary, the best available                                                                               (Martes caurina caurina) are likely the
                                                                                                             coastal Oregon and coastal northern
                                                     information indicates that Pacific                                                                             same entity as the currently classified
                                                                                                             California. First, we find that                        Humboldt marten (M. c. humboldtensis).
                                                     marten populations in coastal Oregon                    populations of Pacific martens in coastal
                                                     and coastal northern California are                                                                            We find that the coastal Oregon and
                                                                                                             Oregon and coastal northern California                 coastal northern California populations
                                                     geographically isolated and genetically
                                                                                                             differ markedly from other populations                 of Pacific martens collectively constitute
                                                     discrete from all other populations of
                                                                                                             of the Pacific marten species in their                 a valid DPS under the Service’s DPS
                                                     the Pacific marten. Therefore, the
                                                                                                             genetic characteristics. As described                  Policy because this population segment
                                                     marked separation condition for
                                                                                                             above under ‘‘Discreteness,’’ the coastal              is both discrete and significant to the
                                                     discreteness under our DPS Policy is
                                                                                                             Oregon and coastal northern California                 taxon to which it belongs. We therefore
                                                     met.
                                                                                                             populations of Pacific martens are                     consider the coastal Oregon and coastal
                                                     Significance                                            genetically distinct from all other                    northern California populations of
                                                        If a population segment is considered                populations of Pacific martens                         Pacific martens collectively as the
                                                     discrete under one or more of the                       (Schwartz et al., In prep.). As a result,              ‘‘coastal DPS of the Pacific marten,’’
                                                     conditions described in the Service’s                   loss of the marten populations from                    which constitutes the listable entity for
                                                     DPS Policy, its biological and ecological               coastal Oregon and coastal northern                    this status review. Throughout this
                                                     significance will be considered in light                California would result in a reduction in              document when we use the term
                                                     of Congressional guidance that the                      Pacific marten genetic diversity.                      ‘‘coastal marten,’’ we are using this term
                                                     authority to list DPSs be used                          Second, we find that the loss of martens               as shorthand for the coastal DPS of the
                                                     ‘‘sparingly’’ (see Senate Report 151, 96th              from coastal Oregon and coastal                        Pacific marten.
                                                     Congress, 1st Session) while                            northern California would result in a
                                                                                                             significant gap in the range for the                   Summary of Species Information
                                                     encouraging the conservation of genetic
                                                     diversity. In making this determination,                Pacific marten. The coastal populations                   A thorough review of the taxonomy,
                                                     we consider available scientific                        of martens in California and Oregon                    life history, biophysical environment,
                                                     evidence of the DPS’s importance to the                 represent the only coastal populations                 habitat use, distributions, and
                                                     taxon to which it belongs.                              of Pacific martens in these States and                 population abundance/trends of the
                                                        Because precise circumstances are                    inhabit a habitat association unique                   coastal DPS of Pacific marten is
                                                     likely to vary considerably from case to                from other non-coastal marten                          presented in the Species Report (Service
                                                     case, the DPS Policy does not describe                  populations—that is, areas consisting of               2015, pp. 1–40) available on the Internet
                                                     all the classes of information that might               occasional, non-persistent snowpack                    at http://www.regulations.gov, Docket
                                                     be used in determining the biological                   (below 914 meters (m) (3,000 feet (ft))                No. FWS–R8–ES–2011–0105). A
                                                     and ecological importance of a discrete                 with a mesic, shade-tolerant shrub layer               summary of this information is
                                                     population. However, the DPS Policy                     (understory) within coastal coniferous                 presented below. We used data specific
                                                     describes four possible classes of                      forest habitat (see ‘‘Life History’’ section           to coastal marten populations when
                                                     information that provide evidence of a                  of the Species Report). The requirement                they were available; when such
                                                     population segment’s biological and                     of this dense (greater than 70 percent                 information was lacking, we relied on
                                                     ecological importance (significance) to                 cover), shrubby understory is                          information regarding North American
                                                     the taxon to which it belongs. This                     particularly unusual for martens, and is               martens in general (American or Pacific
                                                     consideration of the population                         a unique habitat association not                       martens), and have made these
                                                     segment’s significance may include, but                 described elsewhere in the distribution                distinctions in the text that follows.
                                                     is not limited to, the following:                       of either Pacific martens or American
                                                                                                             martens in North America (Slauson et                   Life History
                                                        (1) Persistence of the discrete
                                                     population segment in an ecological                     al., In prep.(a)). The coastal Oregon and                Two species of marten, divided into
                                                     setting unusual or unique to the taxon;                 coastal northern California populations                14 total subspecies, inhabit North
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                                                        (2) Evidence that loss of the discrete               of Pacific martens are also the only                   America. Collectively, North American
                                                     population segment would result in a                    martens known to utilize coastal                       martens are characterized by the long
                                                     significant gap in the range of a taxon;                serpentine habitat and dune forest                     and narrow body type typical of the
                                                        (3) Evidence that the discrete                       habitat distributed on coastal terraces.               mustelid family (Mustelidae; e.g.,
                                                     population segment represents the only                  These genetic differences and the                      weasels, minks, otters and fishers),
                                                     surviving natural occurrence of a taxon                 evidence that a significant gap in the                 overall brown pelage (fur) with
                                                     that may be more abundant elsewhere as                  range of the taxon would result from the               distinctive coloration on the throat and
                                                     an introduced population outside its                    loss of the discrete population segment                upper chest that varies from orange to
                                                     historical range; or                                    both individually satisfy the                          yellow to cream, large and distinctly


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                            18747

                                                     triangular ears, and a bushy tail that is               untrapped population of Pacific martens                range of the coastal DPS of Pacific
                                                     proportionally equivalent to about 75                   in the Sierra Nevada mountains                         marten. Intraguild predation refers to
                                                     percent of the body length (Clark et al.                indicates relatively consistent                        killing and eating of potential
                                                     1987, p. 2; Powell et al. 2003, p. 636).                proportions of yearling and adult age                  competitors that utilize the same prey
                                                        Marten activity patterns coincide with               classes (Slauson et al., In prep.(a)).                 resources. Interspecific competition is a
                                                     their prey species availability.                           Juvenile dispersal of the American                  form of competition in which
                                                     Specifically, martens are active year-                  marten is generally thought to occur as                individuals of a different species
                                                     round and seasonally adjust their                       early as August, although fall, winter,                compete for the same resource in an
                                                     activity patterns to synchronize with                   and spring (the year after birth)                      ecosystem (as opposed to intraspecific
                                                     those of their key prey species (Zielinski              dispersal periods have been reported                   competition that involves organisms of
                                                     et al. 1983, pp. 387–388). Overall, the                 (Clark and Campbell 1976, p. 294;                      the same species). Martens are
                                                     diet of North American marten species                   Slough 1989, p. 993). Juvenile dispersal               susceptible to predation by larger
                                                     is dominated by mammals, but birds,                     in coastal northern California and Sierra              mammalian and avian predators,
                                                     insects, and fruits are seasonally                      Nevada martens has been observed to                    typically habitat-generalist species,
                                                     important (Martin 1994, pp. 298–301).                   occur as early as August and continues                 including coyote (Canis latrans), red fox
                                                     Diet analysis for the coastal marten is                 at least until the following summer                    (Vulpes vulpes), bobcat (Felis rufus),
                                                     currently limited to scats collected from               season (Slauson and Zielinski 2014,                    fishers (Pekania pennanti), and great
                                                     the coastal northern California                         unpubl. data). Information is not                      horned owl (Bubo virginianus)
                                                     population during summer and fall, and                  available regarding the timing of                      (Thompson 1994, p. 276; Lindstrom et
                                                     includes mammals, berries, birds, and                   juvenile dispersal for coastal martens in              al. 1995, entire; Bull and Heater 2001,
                                                     reptiles (Slauson and Zielinski, In                     Oregon. Pauli et al. (2012, p. 393) found              p. 4; McCann et al. 2010, p. 11). Marten
                                                     prep.). Sciurid (members of the squirrel                that Pacific and American martens                      predators may vary depending on the
                                                     family) and cricetid rodents (i.e., New                 exhibit similar dispersal distances,                   quality of the habitat. For example,
                                                     World rats and mice) dominate the                       averaging 15.5 km (9 mi). Most studies                 American marten populations in highly
                                                     coastal marten’s diet, with the most                    find that the majority of juvenile                     altered forest landscapes show higher
                                                     frequent prey species being chipmunks                   martens disperse relatively short                      rates of predation by habitat generalist
                                                     (Tamias spp.) and red-backed voles                      distances to establish home ranges,                    carnivores (and lower annual survival
                                                     (Myodes californicus), and, to a lesser                 ranging from less than or equal to 5 km                rates) than those in less-altered forest
                                                     extent, Douglas squirrels (Tamiasciurus                 (3.1 mi) (Broquet et al. 2006, p. 1,694)               landscapes (Thompson 1994, p. 278)).
                                                     douglasii) and flying squirrels                         to approximately 15 km (9.3 mi)                        Because marten populations are strongly
                                                     (Glaucomys sabrinus) (Slauson and                       (Phillips 1994, pp. 9394; Pauli et al.                 influenced by adult and juvenile
                                                     Zielinski, In prep.).                                   2012, p. 393). However, Broquet et al.                 survivorship (Buskirk et al. 2012, p. 89),
                                                        Information on coastal marten                        (2006, p. 1695) also describe juvenile                 predation of martens can have a
                                                     reproduction and survivorship is                        martens as capable of covering long                    meaningful effect on abundance and
                                                     lacking; therefore our analysis is based                distances during dispersal, up to 82 km                population growth rates. Additional
                                                     on knowledge of North American                          (50 mi) in their study. Other researchers              discussion on predation as a stressor on
                                                     martens in general, which are                           have reported instances of dispersal                   the coastal marten is provided below in
                                                     polygamous mammals. Female martens                      movements by martens ranging from 40                   Summary of Information Pertaining to
                                                     mate no sooner than 15 months of age                    to 80 km (25 to 50 mi) (Thompson and                   the Five Factors.
                                                     and first litters are produced no sooner                Colgan 1987, pp. 831–832; Fecske and
                                                     than 24 months of age (Strickland et al.                Jenks 2002, p. 310), up to 149 km (93                  Habitat Description
                                                     1982, p. 601). Mating occurs from late                  mi) or even 160 km (100 mi) in distance                  The preferred habitat type for the
                                                     June to early August (Markley and                       (Slough 1989, p. 993; Kyle and Strobeck                coastal DPS of Pacific marten occurs in
                                                     Bassett 1942, pp. 606–607), and females                 2003, p. 61). Based on minimal genetic                 some of the most productive forests in
                                                     give birth in March and April                           structuring of marten populations in a                 the world. In unmanaged, late-seral
                                                     (Strickland et al. 1982, p. 602). Female                heavily harvested forest landscape, Kyle               stages, these forests are typically
                                                     martens are capable of producing from                   and Strobeck (2003, pp. 60–61)                         composed of long-lived, large trees, with
                                                     one to five kits per litter, but the modal              suggested that habitat fragmentation                   multi-layered canopy structure,
                                                     average is two to three (Strickland and                 may not necessarily impede marten                      substantial large woody debris (standing
                                                     Douglas 1987, p. 602; Mead 1994, p.                     movement to the degree formerly                        and downed), and abundant ferns,
                                                     410). Information is not available on the               understood. However, Kyle and                          herbs, and shrubs on the forest floor
                                                     average number of young raised to                       Strobeck (2003, p. 65) also caution that               (Sawyer et al. 2000, entire; Chappell et
                                                     weaning, the average number of young                    smaller scale disturbances may still act               al. 2001, entire; Sawyer 2007, entire;
                                                     recruited into the population per                       as partial barriers to marten gene flow.               DellaSala et al. 2011, entire). The forests
                                                     female, or the effects of annual variation              Johnson (2008, pp. 33–36) found that                   are largely coniferous and typically
                                                     in environmental conditions and prey                    juvenile martens traveled slower,                      dominated by coast Douglas-fir
                                                     populations on kit survival. Regarding                  shorter distances, and suffered twice the              (Pseudotsuga menziesii menziesii),
                                                     longevity, captive Pacific martens are                  mortality risk in logged versus unlogged               western hemlock (Tsuga heterophylla),
                                                     known to reach 15 years of age (Clark                   landscapes. Therefore, the best available              and Sitka spruce (Picea sitchensis) in
                                                     et al. 1987, p. 3); however, data from                  information suggest that landscape                     Oregon, and redwood (Sequoia
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                                                     American marten individuals in the                      condition (e.g., the spatial distribution              sempervirens) and coast Douglas-fir in
                                                     wild in the Algonquin Region of                         of unlogged and logged stands) has                     California (Ricketts et al. 1999, entire;
                                                     Ontario, Canada, indicate that 10                       important effects on dispersal dynamics,               Sawyer 2007, entire). Higher elevation
                                                     percent (of 2,076 females trapped) were                 affecting both the distance dispersers                 areas also include sub-dominant
                                                     more than 5 years old (Strickland and                   can travel and the success rate they have              conifers such as western red cedar
                                                     Douglas 1987, p. 535). Finally, age                     in establishing home ranges and                        (Thuja plicata), Port Orford-cedar
                                                     structure of coastal martens has not                    surviving to adulthood.                                (Chamaecyparis lawsoniana), grand fir
                                                     been studied, although the best                            Intraguild predation and interspecific              (Abies grandis), sugar pine (Pinus
                                                     available information from an                           competition occurs naturally within the                lambertiana), and white fir (Abies


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                                                     18748                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     concolor) (Chappell et al. 2001, entire;                habitats that occur in coastal northern                importance of high-quality foraging
                                                     Sawyer 2007, entire). Hardwood-                         California and coastal Oregon, increased               habitat in close proximity to den sites,
                                                     dominated stands are uncommon,                          moisture and summer fog supports                       allowing females to simultaneously
                                                     although hardwood species such as                       dense, spatially-extensive shrub layers;               maximize the energy they gain from
                                                     tanoak (Notholithocarpus densiflorus),                  coastal martens have been found in this                foraging during lactation and minimize
                                                     golden chinquapin (Chrysolepis                          wetter variant of coastal serpentine                   the time spent away from kits,
                                                     chrysophylla), and Pacific madrone                      habitat in both Oregon and California.                 especially when they are dependent on
                                                     (Arbutus menziesii) are common canopy                   The serpentine communities used by                     their mothers for thermoregulation. The
                                                     subdominants. Red alder (Alnus rubra)                   coastal martens are composed of a                      most common den structures used by
                                                     can occur as an early successional                      variety of coniferous trees, such as                   Pacific and American martens are large-
                                                     overstory dominant in the uplands in                    Douglas-fir, sugar pine, lodgepole pine                diameter, live and dead trees with
                                                     some near-coast locations or post-                      (Pinus contorta), western white pine                   cavities (Thompson et al. 2012, p. 223).
                                                     logging sites. Riparian forests are                     (P. monticola), Jeffrey pine (P. jeffreyi),               (2) Stand-scale—Martens select forest
                                                     dominated by broadleaf species such as                  knobcone pine (P. attenuatta), and Port                stands that provide habitat structure
                                                     red alder, black cottonwood (Populus                    Orford-cedar, and are dominated by                     supporting one or more life history
                                                     trichocarpa), bigleaf maple (Acer                       mast-producing shrubs such as dwarf                    needs that include foraging, resting, or
                                                     macrophyllum), and mesic shrub                          tanbark, huckleberry oak, and red                      denning. Coastal martens in California
                                                     species such as vine maple (A.                          huckleberry (Jimerson et al. 1995, p. C1;              most strongly selected stands of old-
                                                     circinatum).                                            Slauson 2003, pp. 5, 9, 13). The coastal               growth, conifer-dominated forests with
                                                        A dense understory of shrubs and                     dune forest communities where coastal                  dense shrub layers (Slauson et al. 2007,
                                                     herbaceous plants are a key habitat                     martens have been found are                            pp. 464–465). Other than the late-
                                                     requirement for the coastal marten (see                 predominantly in coastal Oregon and                    mature developmental stage, which was
                                                     ‘‘Habitat Use’’ section of the Species                  are typically dominated by shore pine                  used in proportion to its availability,
                                                     Report (Service 2015, pp. 18–27)).                      (P. contorta contorta), the coastal form               stands in earlier developmental stages
                                                     Species presence and dominance is                       of lodgepole pine, and in some areas co-               were selected against (Slauson et al.
                                                     shaped largely by the combination of                    dominated by Sitka spruce occurring in                 2007, pp. 462–464). These old-growth
                                                     soil nutrients and moisture, with                       stabilized dunes on marine terraces.                   and late-mature stands most often were
                                                     herbaceous species such as sword fern                   Although martens have been found in                    dominated by Douglas-fir overstory, but
                                                     (Polystichum munitum) dominating on                     these less-common habitat types, it is                 also had mature hardwood understories
                                                     nitrogen rich or very moist sites, and                  important to note that the more                        composed of either tanoak or golden
                                                     evergreen shrubs such as Pacific                        extensive dominant forest types (i.e.,                 chinquapin. Shrub layers were dense
                                                     rhododendron (Rhododendron                              coastal coniferous forests) support the                (greater than 70 percent cover), spatially
                                                     macrophyllum) and salal or wintergreen                  majority of the historical marten                      extensive, and dominated by evergreen
                                                     (Gaultheria sp.) dominating on nutrient                 distribution in coastal Oregon and                     huckleberry, salal, and rhododendron
                                                     poor or drier sites (Chappell and Kagan                 coastal northern California.                           (Slauson et al. 2007, p. 465). The
                                                     2001, entire). Other dominant or co-                       Coastal martens select habitat at four              majority of detections of martens in
                                                     dominant understory shrub species                       primary spatial scales: Micro-scale                    coastal southern Oregon share these
                                                     include evergreen huckleberry                           (resting and denning structures), stand-               same stand characteristics (Zielinski et
                                                     (Vaccinium ovatum), salmonberry                         scale, home range, and landscape-scale                 al. 2001, p. 485).
                                                     (Rubus spectabilis), red huckleberry                    (facilitating movement, occupancy, and                    (3) Home Range—Pacific and
                                                     (Vaccinium parvifolium), and in                         population dynamics).                                  American martens exhibit strong habitat
                                                     serpentine habitats (see description                       (1) Micro-scale—Rest structures are                 selection at the home range scale,
                                                     below) dwarf tanbark (Notholithocarpus                  used daily by martens between foraging                 suggesting that this scale of selection
                                                     densiflorus var. echinoides) and                        bouts to provide thermoregulatory                      most directly influences an individual’s
                                                     huckleberry oak (Quercus vaccinifolia)                  benefits and protection from predators                 fitness (Thompson et al. 2012, p. 210).
                                                     (Jimerson et al. 1996, pp. A13–A15;                     (Taylor and Buskirk 1994, pp. 253–255).                Martens establish home ranges to
                                                     Sawyer et al. 2000, entire; Chappell et                 Reuse rates for individual rest structures             encompass their year-round resource
                                                     al. 2001, entire). Many of the dominant                 are low and selection for structure type               needs and, during the breeding season,
                                                     shrub species are adapted to fire by                    changes seasonally to meet                             gain access to members of the opposite
                                                     having lignotubers, which are basal                     thermoregulatory needs (e.g., Spencer                  sex. Marten home ranges are often
                                                     swellings at the interface between the                  1987), such that multiple resting                      positioned to maximize high-quality
                                                     roots and shoots usually just below the                 structures meeting seasonal                            habitat (typically greater than 70 percent
                                                     soil surface, allowing these species to                 requirements are required across the                   high-quality, late-successional forest
                                                     quickly sprout after fire kills the shoots              home range. Large-diameter live trees,                 (reviewed in Thompson et al. 2012,
                                                     and thus maintain site dominance (Agee                  snags, and logs provide the main types                 p. 218)) and to minimize low-quality
                                                     1993, p. 133).                                          of resting structures for martens                      habitat (e.g., recent clear cuts, partial
                                                        Two additional, rare forest habitats                 (Spencer et al. 1983, pp. 1182–1185;                   harvest) (Phillips 1994, pp. 59–60).
                                                     are of particular relevance to coastal                  Schumacher 1999, pp. 26–58; Slauson                    Females, due to their solitary role
                                                     martens: Coastal serpentine and coastal                 and Zielinski 2009, pp. 41–42). Denning                raising young, have unique needs that
                                                     dune forest. Forests in serpentine                      structures used by female martens to                   require access to suitable den sites
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                                                     habitats are typically open and rocky                   give birth to kits are called natal dens,              located near reliable and nearby prey
                                                     with stunted trees that contrast sharply                and the subsequent locations where                     resources to support the energetic
                                                     with the dense, rapidly-growing stands                  they move their kits are referred to as                demands of lactation and providing
                                                     on more productive, non-serpentine                      maternal dens. Ruggiero et al. (1998, pp.              food for kits. In coastal northern
                                                     soils that surround these sites (Jimerson               665–669) found that both the                           California, Slauson and Zielinski (2014,
                                                     et al. 1995, pp. A8–A31). Martens are                   characteristics of the den structures and              unpubl. data) found 97 percent (38 of
                                                     not known to occupy these more open,                    the characteristics of the stands in                   39) of the female within-home-range
                                                     drier, interior areas. However, on the                  which they were found influenced den-                  resting and active locations occurred in
                                                     extreme coastal edge of the serpentine                  site selection. This is likely due to the              the core old-growth and late-mature


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                           18749

                                                     riparian habitat patches. In comparison,                physical evidence such as tracks,                      that we used to assess how much
                                                     77 percent (30 of 39) of the male within-               photographs, and carcasses) were within                suitable habitat is currently available to
                                                     home-range resting and active locations                 the fog-influenced coastal coniferous                  coastal martens. The model was
                                                     occurred in the core old-growth and                     forest as opposed to interior forests                  developed by identifying the
                                                     late-mature riparian habitat patches                    (Grinnell and Dixon 1926, p. 413).                     combination of environmental,
                                                     (Slauson and Zielinski 2014, unpubl.                    Specifically, Slauson and Zielinski                    topographic, disturbance history, and
                                                     data). Also of note is that there is an                 (2007, p. 241) reported 83 percent of the              vegetation variables that best described
                                                     inverse relationship between the                        coastal northern California marten                     the distribution of marten detection/
                                                     amount of high-quality habitat and                      historical records occurring less than 25              non-detection survey data. Specifics
                                                     marten home range size (i.e., as the                    km (15 mi) from the coast and no                       regarding model development and
                                                     amount of high-quality habitat                          records occurring greater than 35 km (22               variables can be found in the ‘‘Current
                                                     decreases, home range size increases)                   mi) from the coast, while our analysis                 Landscape Habitat Suitability’’ section
                                                     (Thompson 1994, p. 276; Potvin and                      (see Service 2015, pp. 6, 31) revealed                 of the Species Report (Service 2015, pp.
                                                     Breton 1997, p. 462; Fuller and Harrison                greater than 90 percent of the coastal                 26–27). The model categorizes the
                                                     2005, pp. 715–719).                                     Oregon marten historical records                       landscape into low, medium, and high
                                                        (4) Landscape-scale—The pattern and                  occurring closer to the coast than to the              suitability classes representing the
                                                     composition of habitat at this scale                    interior portions of the coastal marten’s              relative probability of marten occupancy
                                                     affects: (a) The ability of martens to                  range. Historical abundance of coastal                 of habitat at the landscape scale.
                                                     successfully disperse and find suitable                 martens is unknown. However, as is                        Model results indicate that
                                                     home ranges; (b) survival and species                   typical of mammalian carnivores,                       approximately 41 percent of the coastal
                                                     occurrence over time and space; and (c)                 coastal martens likely never occurred in               marten’s historical range contain
                                                     ultimately, population size and                         high densities.                                        suitable habitat (described as low,
                                                     persistence. Successful dispersal                          Unregulated fur trapping occurred                   medium, and high suitability habitat)
                                                     requires the existence of functional                    throughout the coastal marten’s                        for coastal martens (see ‘‘Current
                                                     habitat connectivity between patches of                 historical range, and by the late 1920s,               Landscape Habitat Suitability’’ section
                                                     habitat suitable for reproduction to                    few marten were captured where they                    of the Species Report). The model
                                                     maintain or expand population size and                  were once considered relatively                        identified approximately 59 percent of
                                                     distribution. Also, during dispersal,                   abundant (Zielinski and Golightly 1996,                the remaining lands within the
                                                     martens use a search strategy that is not               entire). A marked decline in the number                historical range of the coastal marten to
                                                     random or linear, suggesting they are                   of coastal marten harvested in coastal                 be unsuitable, which includes (but is
                                                     responding to habitat cues and that                     northern California led to the closure of              not limited to) forested habitat that is
                                                     landscape pattern likely influences                     marten trapping in northwestern                        not utilized by martens (e.g., heavily
                                                     movement trajectories (Johnson 2008,                    California in 1946. In Oregon, marten                  managed timber lands), urban and
                                                     pp. 27–29, 36–39). Compared to other                    fur trapping remains legal Statewide.                  suburban developments, and
                                                     species closely associated with late-                   Historical fur trapping is thought to                  agricultural lands. However, it is
                                                     successional forest, American and                       have resulted in a significant                         important to note that, for the purposes
                                                     Pacific marten populations, including                   contraction of coastal marten                          of this analysis, we considered ‘‘low
                                                     the coastal marten, are sensitive to the                distribution and the extirpation of                    suitability habitat’’ as defined in this
                                                     loss or fragmentation of high-quality                   coastal marten from large portions of its              model to be ‘‘unsuitable’’ when
                                                     habitat at the landscape scale. For                     historical range. Although we can make                 examining the current and long-term
                                                     example, martens exhibit a progression                  conclusions about the general historical               stressors to the coastal marten and its
                                                     of responses to timber harvest as the                   distribution of coastal martens,                       habitat into the future. In other words,
                                                     proportion of habitat affected by                       information on historical population                   in evaluating stressors to the coastal
                                                     intensive logging activities increases.                 size is not available, thus precluding an              marten and its habitat, we considered
                                                     Such activities include, but are not                    accurate assessment of the impact of                   only areas that provide moderate- to
                                                     limited to, clear cutting (see review in                unregulated trapping on coastal marten                 high-suitability habitat as identified by
                                                     Thompson et al. 2012), partial harvest                  population abundance.                                  the model. We came to this conclusion
                                                     (Potvin et al. 2000, pp. 851–854; Fuller                   Due to the lack of surveys for coastal              based on feedback from the species
                                                     and Harrison 2005, pp. 715–716;                         martens, little information is available               experts (Slauson et al., In prep.(a)) who
                                                     Godbout and Ouellet 2008, pp. 336–                      regarding their current distribution; this             indicate that these ‘‘low suitability
                                                     338), and shelterwood cutting (Ellis                    is particularly true for coastal Oregon.               habitat’’ areas currently have a low
                                                     1998, p. 41–49). As a result, the                       We do know, however, that there are at                 probability of coastal marten
                                                     combination of habitat loss and                         least three extant populations of coastal              occurrence. Including these areas as
                                                     fragmentation of remnant suitable                       martens, one in coastal northern                       suitable habitat for the purposes of this
                                                     habitat effectively lowers the density of               California, one in coastal southern                    analysis would bias the amount of
                                                     martens by reducing the number of                       Oregon, and one in coastal central                     actual suitable habitat present both
                                                     home ranges that can be supported                       Oregon, as described in detail below,                  currently and in the future.
                                                     (Thompson 1994, p. 276).                                and we have information regarding the                     Much of the coastal marten’s
                                                                                                             extent of suitable habitat that is                     historical habitat has been lost.
                                                     Historical and Current Distribution of                  currently available to coastal martens                 Extensive logging of old-growth
                                                     Coastal Martens and Suitable Habitat
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                                                                                                             throughout their range. It is therefore                redwood habitat in coastal northern
                                                        At the time of European settlement,                  possible that coastal martens may occur                California began in the late 1800s, and
                                                     the coastal marten occurred in all                      in any of these areas of suitable habitat              coincided with unregulated fur
                                                     coastal Oregon counties and the coastal                 that have not been surveyed, or have                   trapping. Late-successional coniferous
                                                     northern counties of California within                  been surveyed only sporadically. Here                  forests in coastal Oregon were also
                                                     late-successional coniferous forests. The               we briefly describe the areas of suitable              extensively harvested in the early 1900s.
                                                     majority of historical (pre-1980)                       habitat available to coastal martens.                  Currently, less than 5 percent of the
                                                     verifiable marten detections (i.e.,                        Slauson et al. (In prep.(b)) developed              redwood forests existing at the time of
                                                     occurrence records supported by direct                  a landscape habitat suitability model                  European settlement remain within the


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                                                     18750                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     historical range of the coastal marten in               reserve lands, which are designed to                   coastal central Oregon, coastal southern
                                                     coastal northern California (Save the                   retain and accelerate the development of               Oregon, and coastal northern California,
                                                     Redwoods League 2015, no page                           late seral characteristics. Currently, the             according to the best available scientific
                                                     number). Based on the best available                    largest contiguous blocks of suitable                  and commercial data (Figure 1; see
                                                     information, much of the coastal                        coastal marten habitat occur within the                section 8.1.2 (Delineation of Extant
                                                     coniferous forest habitat in both States,               Six Rivers National Forest in the                      Population Areas) of the Species Report
                                                     especially within a few miles of the                    extreme northern portion of the                        (Service 2015, p. 32)). These
                                                     coast, appears to be currently owned (in                historical range in California, and in the             populations have been described as
                                                     general) by either private industrial                   adjacent Siskiyou portion of the Rogue                 disjunct (e.g., Slauson and Zielinski
                                                     timber companies or smaller land                        River-Siskiyou National Forest in the
                                                                                                                                                                    2009, pp. 35–36). Survey effort has been
                                                     owners, and managed for timber                          southern portion of the historical range
                                                                                                                                                                    limited in some portions of the coastal
                                                     production.                                             in Oregon. Large blocks of suitable
                                                                                                             habitat also occur in coastal central                  marten’s range, however. Therefore, it is
                                                       Within the coastal marten’s historical                Oregon on the Siuslaw National Forest.                 unknown whether additional coastal
                                                     range, the majority of remaining late-                  Little suitable habitat is currently found             martens may be found in areas that have
                                                     successional coniferous forests suitable                in the southern half of the historical                 not yet been surveyed. In addition, a
                                                     for the coastal marten is within national               range in California. In the coastal                    few coastal marten verifiable detections
                                                     forests, and national and State parks.                  northern portion of the historical range               occur outside these three population
                                                     Where martens are known to occur,                       in Oregon, suitable habitat is limited to              areas, but these martens are currently
                                                     relatively high amounts of moderate- to                 a narrow band along the coast. Finally,                not considered part of any known viable
                                                     high-suitability habitat are still found,               in the area between the Siskiyou and                   population (Slauson et al., In prep.(a)).
                                                     and much of this habitat occurs in areas                Siuslaw National Forests in the                        Surveys for martens have occurred in
                                                     that are managed for the maintenance or                 historical range in Oregon, there is some              much of the California portion of the
                                                     enhancement of late-successional forest                 limited amount of suitable habitat on                  historical range and suitable interior
                                                     conditions that are beneficial to coastal               BLM ownership. Habitat conditions                      habitat in southwestern Oregon,
                                                     martens. For example, approximately                     specific to each of the known extant                   although minimal survey effort has
                                                     71, 79, and 90 percent of the total                     population areas of coastal martens are                occurred in coastal central Oregon and
                                                     available suitable habitat on Federal                   discussed below.                                       no surveys have occurred in coastal
                                                     lands in the coastal central Oregon,
                                                                                                             Distribution and Abundance of Current                  northern Oregon (see Figure 8.2 in the
                                                     coastal southern Oregon, and coastal
                                                     northern California population areas,                   Known Extant Populations                               Species Report).
                                                                                                                                                                    BILLING CODE 4310–55–P
                                                     respectively, occur within the                            There are three known extant
                                                     Northwest Forest Plan (NWFP) Federal                    populations of coastal martens in
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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                          18751



                                                                                                         Extant Population
                                                                                                         Area (EPA)
                                                                                                         Historical Range




                                                                                                         Coastal Central
                                                                                                         Oregon EPA




                                                                                                           N


                                                                                                          A
                                                                                                   0       25      50 Miles

                                                                                                   0       40      80 Kilometers




                                                                  Figure 1- Analysis area showing historical range and extant population areas for coastal
                                                                  Oregon and northern coastal California populations of the Pacific marten (Martes caurina)
mstockstill on DSK4VPTVN1PROD with PROPOSALS3




                                                     BILLING CODE 4310–55–C
                                                                                                               draining watersheds from the Umpqua                  Siuslaw National Forest (41 percent),
                                                     Coastal Central Oregon Extant                             River north to the Yaquina River in                  private landowners (40 percent), Bureau
                                                     Population Area                                           Lincoln, Benton, western Lane, western               of Land Management (BLM; 10 percent),
                                                                                                               Douglas, and northwestern Coos                       and Oregon Department of Forestry
                                                       This 4,150-km2 (1,602-mi2)                              Counties. Lands within this extant                   (ODF) and Oregon State Parks (9
                                                     population area includes all coastal-                     population area are owned/managed by                 percent). A total of approximately 2,348
                                                                                                                                                                                                               EP07AP15.011</GPH>




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                                                     18752                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     km2 (907 square miles (mi2); 56 percent)                their historical condition, they cite to               marten habitat of high suitability, 26
                                                     of the extant population area contains                  insufficient historical or contemporary                percent of moderate suitability, 17
                                                     moderate- and high-suitability habitat                  data to allow evaluation of the status of              percent of low suitability, and 5 percent
                                                     (Service 2015, p. 33) for coastal martens.              martens in the coastal mountain ranges                 unsuitable (Slauson et al., In prep.(b)).
                                                     Of the currently available moderate- and                of central and northern Oregon                         In total, suitable marten habitat
                                                     high-suitability habitat, 23 percent is in              (Zielinski et al. 2001, p. 486). There are             composes 95 percent of the population
                                                     private ownership and 71 percent is in                  no data available for estimating current               area.
                                                     Federal ownership, and 71 percent of                    population abundance or trend for the                    Similar to the situation for the coastal
                                                     the Federal lands are in Reserves, which                coastal central Oregon population, and                 central Oregon population, described
                                                     are managed for late-seral characteristics              although survey efforts recently began                 above, population abundance
                                                     (Service 2015, p. 76). The best available               in this area, data from these surveys will             information is not available for the
                                                     information suggests that most of the                   only be informative in terms of                        coastal southern Oregon population of
                                                     private forest land is owned by private,                establishing presence or absence of                    coastal martens. Although extensive
                                                     industrial timber companies (Lettman                    coastal martens. Zielinski et al. (2001,               grid-based surveys (which are used to
                                                     2011, p. 33).                                           pp. 486–487) could only suggest that                   estimate marten abundance or presence/
                                                       This population area comprises                        marten numbers may be relatively low                   absence) have not been conducted for
                                                     approximately 20 percent coastal                        on the northern Oregon coast, based on                 this population, grid-based surveys
                                                     marten habitat of high suitability, 36                  the absence of reported road kills along               began in this area in the summer of
                                                     percent of moderate suitability, 22                     coastal Highway 101 in this area, in                   2014. No coastal martens were detected
                                                     percent of low suitability (which has                   contrast to several road-killed martens                in 2014 (Slauson et al. 2015, unpubl.
                                                     low probability of coastal marten                       reported from the same highway in                      data), but surveys just beginning at the
                                                     occurrence currently and into the                       central Oregon. In sum, although coastal               time of this publication have yielded a
                                                     future), and 21 percent unsuitable                      martens have likely declined relative to               single marten detection (Moriarty 2015,
                                                     (Slauson et al., In prep.(b)). In total,                their historical abundance due to the                  pers. comm.). The area surveyed
                                                     suitable marten habitat composes 78                     past effects of overtrapping and timber                represents only a small portion of the
                                                     percent of the population area.                         harvest (Zielinski et al. 2001, p. 487),               currently delineated coastal southern
                                                     However, we note that the model                         there are no empirical data on which to                Oregon population area described
                                                     (which used data from northwest                         base an estimate of either current                     herein, and 2014 represented the first
                                                     California and southwest Oregon)                        population abundance or trend of                       year of survey effort in this area. At this
                                                     generated suitable habitat values for this              martens on the central Oregon coast.                   time, similar to the coastal central
                                                     population area that did not include                                                                           Oregon population area, there are no
                                                     coastal dune habitat, which is                          Coastal Southern Oregon Extant                         empirical data on which to base an
                                                     considered suitable for coastal martens                 Population Area                                        estimate of either current population
                                                     based on visual observations and the                      This 4,696-km2 (1,813-mi2)                           abundance or trend of martens on the
                                                     presence of several verifiable marten                   population area includes Chetco River,                 southern Oregon coast.
                                                     detections (Slauson et al., In prep.(a)).               Pistol River, south Fork Rough and
                                                                                                             Ready Creek, and the North Fork Smith                  Coastal Northern California Extant
                                                     Thus the amount of potentially suitable
                                                                                                             River watersheds in Curry, western                     Population Area
                                                     habitat for coastal martens identified by
                                                     the habitat model is an underestimate                   Josephine, and southern Coos Counties.                   This 812-km2 (313-mi2) population
                                                     for this population area.                               Lands within this population area are                  area includes the south Fork of the
                                                       Population abundance information is                   owned/managed by Rogue River-                          Smith River, Blue Creek, Bluff Creek,
                                                     not available for the coastal central                   Siskiyou National Forest (78 percent),                 Camp Creek, Cappell Creek, Pecwan
                                                     Oregon population of coastal martens.                   private landowners (13 percent), BLM (8                Creek, Slate Creek, and Rock Creek
                                                     Although only a single station had been                 percent), and ODF (less than 1 percent).               (Siskiyou County, north of Orleans,
                                                     surveyed in this population area since                  A total of approximately 3,641 km2                     California) watersheds in Del Norte,
                                                     the late 1980s, presence/absence                        (1,406 mi2; 78 percent) of the extant                  northern Humboldt, and western
                                                     surveys began in this area in the                       population area contains moderate- and                 Siskiyou Counties. Lands within this
                                                     summer of 2014. One marten was                          high-suitability habitat (Service 2015, p.             population area are owned/managed by
                                                     detected in 2014 (Slauson et al. 2014,                  35). As stated above for the coastal                   the U.S. Forest Service (Forest Service)
                                                     unpubl. data), and six more were                        central Oregon population area, present                (Klamath National Forest and Six Rivers
                                                     detected in January and February 2015;                  moderate- and high-suitability habitat                 National Forest; 65 percent); the Yurok
                                                     as of the time of this publication,                     on private lands is expected to be                     Tribe of the Yurok Reservation,
                                                     surveys in this area are ongoing                        harvested or not likely to retain late-                California (Yurok Tribe; 23 percent);
                                                     (Moriarty 2015, pers. comm.). The area                  seral characteristics into the future. Of              private landowners, primarily Green
                                                     surveyed represents only about 4                        the currently available moderate- and                  Diamond Resource Company (11
                                                     percent of the currently delineated                     high-suitability habitat in the coastal                percent); and Redwood National and
                                                     coastal central Oregon population area                  southern Oregon population area, 10                    State Parks (1 percent). A total of
                                                     described herein, and 2014 was the first                percent is private ownership and 90                    approximately 656 km2 (253 mi2; 81
                                                     year of survey effort in this area. Based               percent is Federal ownership, and 79                   percent) of the extant population area
                                                     on the results to date and the                          percent of the federally managed lands                 contains moderate- and high-suitability
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                                                     availability of suitable habitat in this                are Federal Reserves, which are                        habitat (Service 2015, p. 75). Currently
                                                     area, it is likely that more martens will               managed for late-seral characteristics                 present moderate- and high-suitability
                                                     be detected in this area as surveys                     (Service 2015, p. 76). The best available              habitat on private lands is expected to
                                                     continue.                                               information suggests that most of the                  be harvested or not likely to retain late-
                                                       Abundance or trend information is                     private forest land is owned by private,               seral characteristics into the future. Of
                                                     not available for any populations of                    industrial timber companies (Lettman et                the currently available moderate- and
                                                     coastal martens in Oregon. Although                     al. 2011, p. 33).                                      high-suitability habitat in the coastal
                                                     researchers note that martens in this                     This population area comprises                       northern California population area, 11
                                                     area have likely declined relative to                   approximately 52 percent coastal                       percent is private ownership and 77


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                            18753

                                                     percent is Federal ownership, and 90                    Summary of Information Pertaining to                   change, vegetation management, and
                                                     percent of the federally managed lands                  the Five Factors                                       development). To provide a temporal
                                                     are Federal Reserves, which are                            Section 4 of the Act (16 U.S.C. 1533)               component to our evaluation of
                                                     managed for late-seral characteristics                  and implementing regulations (50 CFR                   potential stressors (i.e., impacts into the
                                                     (Service 2015, p. 75). The best available               424) set forth procedures for adding                   future), we first determined whether we
                                                     information suggests that most of the                   species to, removing species from, or                  had data available that would allow us
                                                     private land is owned by private,                       reclassifying species on the Federal                   to reasonably predict the likely future
                                                     industrial timber companies (Service                    Lists of Endangered and Threatened                     impact of each specific stressor over
                                                     2014, unpubl. data).                                                                                           time. Where such data were available,
                                                                                                             Wildlife and Plants. Under section
                                                        This population area comprises                                                                              we made predictions of future
                                                                                                             4(a)(1) of the Act, a species may be
                                                     approximately 67 percent coastal                                                                               conditions over a period of time specific
                                                                                                             determined to be an endangered or
                                                     marten habitat of high suitability, 14                                                                         to that stressor (i.e., wildfire, climate
                                                     percent of moderate suitability, 7                      threatened species based on any of the
                                                                                                                                                                    change, as described below). If we did
                                                     percent of low suitability, and 12                      following five factors:
                                                                                                                                                                    not have such stressor-specific data
                                                                                                                (A) The present or threatened
                                                     percent unsuitable (Slauson et al., In                                                                         available, we used IUCN’s standard
                                                     prep.(b)). In total, suitable marten                    destruction, modification, or
                                                                                                                                                                    3-generation timeframe to assess risk
                                                     habitat composes 88 percent of the                      curtailment of its habitat or range;
                                                                                                                                                                    (International Union for Conservation of
                                                                                                                (B) Overutilization for commercial,
                                                     population area.                                                                                               Nature (IUCN) 2014, pp. 14–21). Using
                                                        As reported in 1996 by Zielinski and                 recreational, scientific, or educational
                                                                                                                                                                    a calculated marten generation time of
                                                     Golightly (1996, entire), this coastal                  purposes;
                                                                                                                                                                    5 years (see the Species Report for more
                                                     northern California population has                         (C) Disease or predation;
                                                                                                                                                                    information on calculating marten
                                                     apparently recovered from numbers that                     (D) The inadequacy of existing
                                                                                                                                                                    generation time), this translated to a
                                                     were once so low (in the 50 years prior                 regulatory mechanisms; or
                                                                                                                                                                    timeframe of 15 years, which we used
                                                     to 1995) that it was considered to be                      (E) Other natural or manmade factors
                                                                                                                                                                    in analyzing the foreseeable future for
                                                     extremely rare or extinct. Martens in                   affecting its continued existence.
                                                                                                                                                                    the majority of the stressors discussed
                                                     coastal northern California were first                     In making this finding, information
                                                                                                                                                                    below. This time period allows for
                                                     surveyed to estimate abundance in                       pertaining to the coastal DPS of the
                                                                                                                                                                    analysis of multiple generations of
                                                     2000–2001, and again in 2008 (Slauson                   Pacific marten in relation to the five
                                                                                                                                                                    coastal martens over a reasonable time
                                                     et al. 2009b, p.11) and 2012 (Slauson et                factors provided in section 4(a)(1) of the
                                                                                                                                                                    period, as opposed to examining further
                                                     al. 2014, unpubl. data). A total of 31.5                Act is discussed below. In considering
                                                                                                                                                                    into the future where assumptions or
                                                     martens (95 percent confidence interval                 what factors might constitute threats to
                                                                                                                                                                    extensive uncertainty would not allow
                                                     = 24–40) were estimated for 2000–2001,                  a species, we must look beyond the
                                                                                                                                                                    meaningful projections of potential
                                                     and 20.2 martens (95 percent confidence                 mere exposure of the species to a
                                                                                                                                                                    future impacts.
                                                     interval = 11–30) were estimated for                    particular factor to evaluate whether the                 To assess the stressor of wildfire, we
                                                     2008, which represents a 42 percent                     species may respond to that factor in a                used a longer future period consisting of
                                                     decline in occupancy between those two                  way that causes actual impacts to the                  30 years based on more extensive data
                                                     time periods (Slauson et al. 2009b, pp.                 species. If there is exposure to a factor              available regarding wildfires from the
                                                     10, 11). In 2012, all locations sampled                 but no response, or only a positive                    past approximate 30 years. This
                                                     in 2008 were resampled (Slauson et al.,                 response, that factor is not a threat. If              information was used to predict the
                                                     In prep.(a)). Preliminary occupancy                     there is exposure and the species                      future equivalent level of expected fire
                                                     estimates for the 2012 sampling were                    responds negatively, the factor may be                 frequency, size, and severity. Using a
                                                     similar to results from 2008 (Slauson et                a threat and we then attempt to                        longer foreseeable future timeframe for
                                                     al., In prep.(a)), suggesting no further                determine if that factor rises to the level            wildfire better incorporates the range of
                                                     changes in marten population                            of a threat, meaning that it may drive or              fire-related activity that may occur
                                                     abundance in northern coastal                           contribute to the risk of extinction of the            within the coastal Oregon and coastal
                                                     California between 2008 and 2012.                       species such that the species warrants                 northern California population areas. To
                                                     Slauson et al. (2009b, p. 13) advised that              listing as an endangered or threatened                 assess the stressor of climate change, we
                                                     these population estimates should be                    species as those terms are defined in the              used a longer foreseeable future period
                                                     considered minimum estimates because                    Act. However, the identification of                    of 40–50 years, which coincides with
                                                     the sampling area did not fully cover all               factors that could impact a species                    the model projection timeframes
                                                     potentially occupied habitats; therefore,               negatively is not sufficient to compel a               available for climate change (e.g.,
                                                     they suggested more realistic population                finding that the species warrants listing.             changes in temperature and
                                                     estimates should be doubled (i.e., 60                   The information must include evidence                  precipitation) in coastal Oregon and
                                                     coastal martens in 2000–2001, and 40 in                 sufficient to suggest that these factors               coastal northern California. Climate
                                                     2008). Based on these samples, Slauson                  are operative threats that act on the                  projections beyond this approximate
                                                     et al. (2009b, p. 13) concluded that as                 species to the point that the species                  time period diverge with increasing
                                                     of 2008, it was likely that the entire                  meets the definition of an endangered or               uncertainty (see, e.g., Lenihan et al.
                                                     coastal northern California population                  threatened species under the Act.                      2008, pp. 16–17), including
                                                     of martens contained fewer than 100                        Potential stressors that may impact                 uncertainties in the magnitude and
                                                     individuals. As noted above, subsequent                 coastal martens in coastal Oregon and                  timing, as well as regional details, of
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                                                     survey efforts in 2012 indicated no                     coastal northern California include                    predicted climate change, especially at
                                                     further changes in estimated population                 actions that may affect marten                         smaller scales (IPCC 2015, no page
                                                     size since that time; therefore, the best               individuals or populations (i.e.,                      number), which is why we cannot
                                                     available data (preliminary estimates                   trapping (for fur and research purposes),              reliably project future climate change
                                                     from surveys in 2012) suggest that the                  predation, disease, collision with                     effects beyond this timeframe.
                                                     current population estimate for the                     vehicles, and exposure to toxicants) and                  A thorough review of each of the
                                                     coastal northern California population is               actions that may lead to the loss,                     potential stressors is presented in the
                                                     similar to the estimate for 2008 (i.e.,                 degradation, or fragmentation of suitable              Species Report (Service 2015, pp. 41–
                                                     fewer than 100 individuals).                            marten habitat (i.e., wildfire, climate                78), which is available on the Internet


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                                                     18754                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     at http://www.regulations.gov, Docket                   2012, p. 47). Medium-severity fire refers              increased risk (Forest Service and BLM
                                                     No. FWS–R8–ES–2011–0105. A                              to fire that is intermediate in its effects            1994b, pp. 3, 4–49). Although fire
                                                     summary of this information is                          between high-severity and low-severity                 suppression is known to contribute to
                                                     presented below.                                        fire; for example, a fire may kill                     the severity of wildfire in some areas,
                                                        Each potential stressor was evaluated                scattered clumps of overstory trees                    within at least parts of coastal northern
                                                     to determine the likely impact to coastal               within a stand. Low-severity fire burns                California and coastal southern Oregon,
                                                     martens or their habitat.                               at ground-level and does not kill most                 fire suppression has had little effect on
                                                        • A low-level impact indicates: (1)                  overstory trees, although it may                       altering the structure and composition
                                                     Individual martens in one or more                       consume understory vegetation and                      of the dominant forest types and has not
                                                     populations may be impacted, but not at                 downed woody debris (Jain et al. 2012,                 caused an increase in high-severity fire
                                                     the population level; or (2) minimal                    p. 47). Finally, mixed-severity fire                   compared to the historical patterns
                                                     loss, degradation, or fragmentation of                  includes patches of low-severity fire and              (Odion et al. 2004, pp. 933–935; Miller
                                                     suitable habitat.                                       patches of high-severity fire (Jain et al.             et al. 2012, p. 200). In other words, the
                                                        • A medium-level impact indicates:                   2012, p. 47).                                          period of fire suppression may not be
                                                     (1) Individual martens in one or more                      Regional moisture gradients result in               long enough to manifest such effects in
                                                     populations are being impacted, likely                  wildfires occurring more frequently                    coastal forest types where the return
                                                     resulting in a population-level impact;                 with increasing distance from the coast                intervals for high-severity, stand-
                                                     or (2) moderate loss, degradation, or                   and farther south in the coastal marten’s              replacing fires are on the order of
                                                     fragmentation of suitable habitat.                      range. The effect of fire on coastal                   centuries (e.g., Veirs 1982, pp. 132–133;
                                                        • A high-level impact indicates: (1)                 marten habitat varies from high-severity               Oneal et al. 2006, pp. 82–87).
                                                     Individual martens in one or more                       fires that consume much or all of the                     The best available historical fire
                                                     populations are being impacted, likely                  structural features (e.g., large trees,                information and the more xeric nature
                                                     resulting in a significant population-                  snags, logs) that are important elements               (i.e., environment containing little
                                                     level impact; or (2) significant loss,                  of suitable coastal marten habitat,                    moisture) of the interior within the
                                                     degradation, or fragmentation of suitable               requiring centuries to regrow, to low-                 Klamath Ecoregion indicate that future
                                                     habitat.                                                severity fires that burn only the dense,               loss, degradation, or fragmentation of
                                                                                                             shade-tolerant shrub layer preferred by                moderate- and high-suitability coastal
                                                     Factor A—The Present or Threatened                      the coastal marten (Slauson et al. 2009b,              marten habitat from wildfires will likely
                                                     Destruction, Modification, or                           p. 11). The shrub layer likely takes 1 to              result in a greater impact in the coastal
                                                     Curtailment of the Species’ Habitat or                  2 decades to regrow to suitable size and               southern Oregon and coastal northern
                                                     Range                                                   density, depending on its fire resistance              California populations as compared to
                                                     Wildfire                                                and adaptive response to disturbances                  the coastal central Oregon population.
                                                                                                             (Slauson 2014, pers. comm.). However,                  However, the more coastal climate
                                                        Wildfire can impact individual                       some low-severity fires may burn                       where most martens occur may have an
                                                     coastal martens directly through                        ground cover without burning the                       ameliorating effect (e.g., increased
                                                     mortality (Factor E); however, fires                    dense, shade-tolerant shrub layer                      humidity, reduced temperatures) on
                                                     generally kill or injure a relatively small             preferred by the coastal marten.                       fires, reducing the size of fires in the
                                                     proportion of animal populations,                       Wildfires within the range of the coastal              coastal area compared to those more
                                                     particularly if they are mobile (Lyon et                marten often burn at mixed severities                  characteristic of the rest of the Klamath
                                                     al. 2000, pp. 17–20), and the best                      (Landscape Fire and Resource                           Ecoregion. Historical data between 1984
                                                     available data do not indicate that                     Management Planning Tools Project                      and 2012 indicate that wildfires burned
                                                     wildfire is causing loss of individual                  (LANDFIRE) 2008a; LANDFIRE 2008b;                      approximately 17 percent and 42
                                                     martens. If direct mortality of individual              LANDFIRE undated(a)), with some areas                  percent of the combined moderate- and
                                                     martens occurs, we expect the impact to                 within the fire perimeter burning at a                 high-suitability coastal marten habitat
                                                     be discountable because martens are                     high severity, resulting in stand                      within the coastal northern California
                                                     capable of rapid evacuation from an                     replacement, and other portions burning                and coastal southern Oregon population
                                                     approaching fire, and adequate suitable                 at low severity, resulting in the loss of              areas, respectively, with a few large fires
                                                     habitat likely exists within their extant               only ground vegetation. Fire effects are               responsible for the majority of burned
                                                     population areas to establish a new                     complex; therefore, potential impacts of               suitable habitat (MTBS 2013, entire). We
                                                     home range (provided the majority of                    future wildfires on coastal marten                     note that these wildfires burned at
                                                     the suitable habitat within the extant                  suitable habitat are difficult to predict.             varying levels of severity; in other
                                                     population area is not subjected to an                     Historical fire records indicate that,              words, although some suitable habitat
                                                     overly large, high-severity wildfire).                  compared to the coastal central Oregon                 was lost as a result of the wildfires,
                                                        Wildfire is a major disturbance force                population area, the coastal northern                  varying levels of suitable habitat remain
                                                     of habitat within the range of the coastal              California and coastal southern Oregon                 throughout the population areas, with
                                                     marten in all but the wettest coastal                   population areas (including adjacent or                moderate- and high-suitability habitat
                                                     forests and thus has been analyzed in                   intervening areas) have experienced                    remaining within the wildfire
                                                     terms of its effect on coastal marten                   larger and more severe wildfires                       perimeters after the fires were
                                                     habitat. Wildfire can affect the                        (Monitoring Trends in Burn Severity                    extinguished (Service 2014, unpubl.
                                                     composition and structural                              (MTBS; 2013, entire), both also                        Geographic Information System (GIS)
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                                                     characteristics of the forest communities               experiencing many small (less than 0.4                 analysis).
                                                     at multiple spatial and temporal scales.                hectares (ha) (1 acre (ac)) fires. The                    It is possible that fire frequency, size,
                                                     Fire severity is often expressed in                     potential for severe, stand-replacing                  and severity may increase in the future
                                                     categories of high, medium, or low                      wildfire has increased in some areas                   within coastal Oregon (both central and
                                                     severity, as well as mixed severity.                    where fire suppression and regeneration                southern) and coastal northern
                                                     High-severity fire, also called stand-                  timber harvest (i.e., the intent to                    California, based on projected increases
                                                     replacing fire, kills all or nearly all                 develop a new stand/forest) have played                in temperature and decreased
                                                     vegetation within a stand and may                       a role in raising fuel load to levels that             precipitation (see ‘‘Climate Change,’’
                                                     extend across a landscape (Jain et al.                  place late-successional forest at                      below), with potentially greater


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                            18755

                                                     increases within coastal southern                       the same approximate level of impact                   including uncertainty, in various
                                                     Oregon and coastal northern California                  into the next 30 years as has occurred                 aspects of climate change.
                                                     based on the history of wildfire within                 over the previous 30 years (i.e., mixed                   Global climate projections are
                                                     these portions of the coastal marten’s                  severity wildfires will likely occur                   informative, and in some cases, the only
                                                     range. In contrast, little moderate- and                although most will be low severity and                 scientific information available.
                                                     high-suitability coastal marten habitat                 retain some moderate- and high-quality                 However, projected changes in climate
                                                     has burned (historically, between 1984                  habitat post-fire); thus, we predict that,             and related impacts can vary
                                                     and 2012) within and adjacent to the                    overall, these impacts do not rise to the              substantially across and within different
                                                     coastal central Oregon population area                  level of a threat. We base this                        regions of the world (e.g., IPCC 2007,
                                                     (MTBS 2013, entire). Large, stand-                      conclusion on:                                         pp. 8–12). Therefore, we use
                                                     replacing fires occur infrequently (at                     (1) The persistence of moderate- and                ‘‘downscaled’’ projections (see Glick et
                                                     intervals greater than 200 to 250 years)                high-quality habitat that has remained                 al. 2011, pp. 58–61, for a discussion of
                                                     within coastal central Oregon (Impara                   following recent large wildfires (i.e.,                downscaling) when they are available
                                                     1997, p. 92; Long et al. 1998, p. 786;                  wildfires that have burned at mixed                    and have been developed through
                                                     Long and Whitlock 2002, p. 223l;                        severities (LANDFIRE 2008a;                            appropriate scientific procedures,
                                                     LANDFIRE 2008a). In general, most fires                 LANDFIRE 2008b; LANDFIRE                               because such projections provide higher
                                                     that have recently occurred within the                  undated(a)), which have not resulted in                resolution information that is more
                                                     range of coastal marten have burned at                  extensive stand-replacement within the                 relevant to spatial scales used for
                                                     mixed severity (e.g., LANDFIRE 2008a;                   coastal marten’s range.                                analyses of a given taxon. For this
                                                     LANDFIRE 2008b; LANDFIRE                                   (2) The overall continued presence of               analysis across the range of the coastal
                                                     undated(a)), resulting in some areas                    relatively moist habitat conditions for                marten, downscaled projections are
                                                     burning at a lower intensity with loss of               coastal marten habitat, primarily along                used in addition to some regional
                                                     only ground or shrub understory                         the western coast, including overall                   climate models that provide higher
                                                     vegetation, and retaining of a portion of               cooler, moist summer conditions that                   resolution projections using a modeling
                                                     the moderate- and high-quality habitat                  moderate the dry conditions that                       approach that differs from downscaling.
                                                     within the fire perimeters.                             promote fire ignition and spread.                      The geographic region of the projections
                                                        In our initial development of the                                                                           is the southern terminus of temperate
                                                                                                                (3) Information indicating that parts of
                                                     Species Report, we identified an overall                                                                       rainforests of the North American
                                                                                                             coastal northern California and coastal
                                                     low-level impact across the northern                                                                           continent, which encompasses the range
                                                                                                             southern Oregon have experienced fire
                                                     portion of the coastal marten’s range,                                                                         of the coastal marten.
                                                                                                             suppression with little effect on altering                Climate throughout the range of the
                                                     and a medium-level impact across the
                                                     southern portion of the coastal marten’s                the structure and composition of the                   coastal marten is projected over the next
                                                     range (see section 9.2.3.1 in the Species               dominant forest types, and no increase                 approximately 40 to 50 years to become
                                                     Report). These overall impact levels                    in high-severity fire compared to the                  warmer, and in particular summers will
                                                     were based on the probability of                        historical patterns (Odion et al. 2004,                be hotter and drier, with more frequent
                                                     occurrence of a wildfire over a 15-year                 pp. 933–935; Miller et al. 2012, p. 200).              heat waves (Pierce et al. 2013, p. 848;
                                                     time period. When considering                           Climate Change                                         Cayan et al. 2012, p. 10; Salathé et al.
                                                     historical fire data over a 30-year time                                                                       2010, p. 69; Tebaldi et al. 2006, pp. 191–
                                                     period to predict the future equivalent                    ‘‘Climate’’ refers to the mean and                  200; Hayhoe et al. 2004, p. 12423).
                                                     level of expected fire frequency, size,                 variability of weather conditions over                 However, the northern portion of the
                                                     and severity (see Appendix A in the                     time, with 30 years being a typical                    coastal marten’s range will likely
                                                     Species Report), the overall level of                   period for such measurements, although                 experience winters that may become
                                                     impact (i.e., probability of occurrence of              shorter or longer periods also may be                  wetter, although warmer temperatures
                                                     a wildfire) is potentially the same.                    used (Intergovernmental Panel on                       may result in an overall water deficit
                                                     However, this impact level estimate                     Climate Change [IPCC] 2013, p. 1,450).                 (Pierce et al. 2013, p. 848; Cayan et al.
                                                     does not take into account the historical               The term ‘‘climate change’’ thus refers                2012, p. 10; Salathé et al. 2010, p. 69;
                                                     fire data (e.g., LANDFIRE 2008a;                        to a change in the mean or variability of              Tebaldi et al. 2006, pp. 191–200;
                                                     LANDFIRE 2008b; LANDFIRE                                one or more measures of climate (e.g.,                 Hayhoe et al. 2004, p. 12423). The
                                                     undated(a)) that show most wildfires                    temperature or precipitation) that                     coastal marten’s currently suitable
                                                     burned at low severity and retained                     persists for an extended period,                       habitat may be affected by climate
                                                     moderate- and high-quality habitat post-                typically decades or longer, whether the               change to some extent. At this time,
                                                     fire.                                                   change is due to natural variability,                  nearly all models for the coastal
                                                        Based on the analysis contained                      human activity, or both (IPCC 2013, p.                 northern California and coastal southern
                                                     within the Species Report and                           1,450). A recent synthesis report of                   Oregon population areas predict shifts
                                                     summarized above, we expect that                        climate change and its effects is                      in vegetation type over time from
                                                     within the range of the coastal marten,                 available from the IPCC (IPCC 2014,                    conifer forest to mixed-conifer
                                                     the incidence of wildfire in the future                 entire).                                               hardwood forest, as well as shifts
                                                     will be similar to that recorded for 1984                  Changes in climate may have direct or               toward woodland and chaparral, with
                                                     to 2012. We note, however, that high-                   indirect effects on species. These effects             some shifts predicted to be observable
                                                     severity fires have been infrequent in                  may be positive, neutral, or negative,                 by 2030, but most by the end of the
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                                                     the past and are considered to remain                   and they may change over time,                         century (roughly 2070 through 2099)
                                                     infrequent, overall, into the future. Our               depending on the species and other                     (Whitlock et al. 2003, p. 16; Rehfeldt et
                                                     expectation is that fire frequency, size,               relevant considerations, such as                       al. 2006, p. 1143; Lenihan et al. 2008,
                                                     and severity in the future will be fairly               interactions of climate with other                     p. 20; Doppelt et al. 2009, p. 7; Littell
                                                     similar (or slightly higher in some areas               variables (e.g., habitat fragmentation,                et al. 2011, pp. 11–12; Shafer et al. 2010,
                                                     based on climate change predictions).                   fire frequency) (IPCC 2007, pp. 8–14,                  pp. 180–181; Littell et al. 2013, pp. 113–
                                                     Based on these 30 years (i.e., 1984–                    18–19). Typically, expert judgment and                 115). The predicted extent and nature of
                                                     2012) of data, we can reasonably                        appropriate analytical approaches are                  these shifts and the potential rate of
                                                     estimate these effects will continue with               used to weigh relevant information,                    change vary greatly, depending on


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                                                     18756                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     potential emissions scenarios,                          climates and influence local vegetation                determined that we do not have reliable
                                                     assumptions (for example, in how                        trends either to the benefit or detriment              information to indicate that climate
                                                     various plant species are likely to                     of coastal martens, nor is the timeframe               change is a threat to coastal marten
                                                     respond to changes in temperature,                      clear over which these influences may                  habitat now or in the future, although
                                                     precipitation, and carbon dioxide                       be realized.                                           we will continue to seek additional
                                                     concentration), and variables                              We note that redwood forest habitat                 information concerning how climate
                                                     incorporated into the models. Despite                   within coastal national and State parks                change may affect coastal marten
                                                     these differences, most models produce                  to the west of the coastal northern                    habitat.
                                                     qualitatively similar forecasts of the                  California population area may remain
                                                                                                             suitable for coastal martens even with                 Vegetation Management
                                                     impacts of potential future climates on
                                                     ecosystem distribution, function, and                   projected changes in climate (based on                    Vegetation management includes
                                                     disturbances (Shafer et al. 2010, p. 179).              a moderate emissions scenario within                   activities such as timber harvest,
                                                     Although climate models have become                     50 years; DellaSala 2013, entire).                     thinning, fuels reduction, and habitat
                                                     increasingly sophisticated, the                         However, to reach this coastal redwood                 restoration, which can result in the
                                                     simulated future response of ecosystems                 habitat, martens would need to traverse                temporary or permanent loss,
                                                     remains subject to great uncertainty due                many kilometers of unsuitable habitat                  degradation, or fragmentation of suitable
                                                     to a number of factors, especially over                 (i.e., industrial timberlands). Martens                coastal marten habitat. Once lost,
                                                     longer timeframes (see, e.g., Lenihan et                actively select against these areas that               structural elements found in suitable
                                                     al. 2008, pp. 16–17). In sum, although                  do not have protective overstory cover;                coastal marten habitat that are required
                                                     there is general agreement in the                       however, limited movement across                       for denning and resting (such as large
                                                     direction and nature of changes                         unsuitable habitat areas may occur. In                 diameter live trees, snags, and logs)
                                                     anticipated, models continue to have                    contrast, coastal martens currently                    require more than a century to develop
                                                     limitations which lead to uncertainties                 occurring within the drier, interior                   (Slauson and Zielinski 2009, p. 43).
                                                     in the magnitude and timing, as well as                 portions of the coastal southern Oregon                Slauson (2014, pers. comm.) anticipates
                                                     regional details, of predicted climate                  population area could migrate into other               that loss of the dense, shade-tolerant
                                                     change, especially at smaller scales                    suitable habitat to the west as climate                shrub layer required by the coastal
                                                     (IPCC 2015, no page number) Thus,                       change alters the more interior habitat;               marten would take 1 to 2 decades to
                                                     although we anticipate the coastal                      a natural, westward migration is                       regrow.
                                                     marten’s currently suitable habitat may                 possible due to a lack of significant
                                                                                                             physical barriers to east-west                            Historically, vegetation management
                                                     be affected by climate change to some                                                                          activities (particularly large-scale
                                                     extent, there is a high level of                        movements within that region.
                                                                                                                Overall, studies of climate change                  harvest of late-successional coniferous
                                                     uncertainty regarding the nature of any                                                                        forest habitat) reduced the amount and
                                                                                                             present a range of effects on vegetation,
                                                     such effects and the likelihood and                                                                            distribution of suitable coastal marten
                                                                                                             including some that indicate conditions
                                                     timing of their occurrence.                                                                                    habitat. At the present time, although
                                                                                                             could remain suitable for coastal
                                                        In coastal central and northern                      martens in portions of the coastal range;              the reduction and fragmentation of some
                                                     Oregon, models also project shifts by the               furthermore, the severity of potential                 suitable coastal marten habitat is
                                                     end of this century in vegetation type                  impacts to coastal marten habitat will                 expected to continue, the majority of
                                                     from maritime conifer forest toward                     likely vary across the range, with effects             suitable habitat for coastal martens is
                                                     mixed conifer-hardwood and deciduous                    to coastal martens potentially ranging                 currently secure and expected to
                                                     forests, although models differ in the                  from negative, neutral, or beneficial.                 increase in the future. Habitat loss and
                                                     extent of this change (Whitlock et al.                  Thus, the Species Report described an                  degradation is expected to be realized
                                                     2003, p. 16; Rehfeldt et al. 2006, p.                   estimated range of low- to medium-                     primarily on private lands, which
                                                     1143; Lenihan et al. 2008, p. 20; Doppelt               impact for this stressor for coastal                   constitute a relatively small proportion
                                                     et al. 2009, p. 7; Littell et al. 2011, pp.             southern Oregon and coastal northern                   of the suitable habitat available to
                                                     11–12; Shafer et al. 2010, pp. 180–181;                 California (Service 205, pp. 67–72).                   martens in the three extant population
                                                     Littell et al. 2013, pp. 113–115). These                Modeling projections are done at a large               areas (23 percent in coastal central
                                                     shifts in future vegetation type may lead               scale, and effects to species’ habitat can             Oregon, 10 percent in coastal southern
                                                     to range shifts for the coastal marten,                 be complex, unpredictable, and highly                  Oregon, and 11 percent in coastal
                                                     although information is not available to                influenced by local-level biotic and                   northern California). In contrast, most
                                                     indicate how rapidly this may occur. It                 abiotic factors. Although many climate                 suitable marten habitat is in Federal
                                                     is important to note that studies of                    models generally agree about the                       ownership (71 percent in the coastal
                                                     climate change present a range of effects               changes in temperature and                             central Oregon population area, 90
                                                     including some that indicate conditions                 precipitation, the consequent effects on               percent in the coastal southern Oregon
                                                     could remain suitable for coastal                       vegetation are more uncertain, as is the               population area, and 77 percent in the
                                                     martens. For example, in areas with                     rate at which any such changes might be                coastal northern California population
                                                     stable or increasing total precipitation,               realized. Therefore, it is not clear how               area), and the majority of those lands are
                                                     overall warmer temperatures are                         or when changes in forest type and                     in reserve allocations under the NWFP,
                                                     expected to result in a decreased                       plant species composition will affect the              which are managed for the maintenance
                                                     snowpack ((Cayan et al. 2012, pp. 20–                   distribution of coastal marten habitat.                or development of late-successional
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                                                     21; Littell et al. 2011, p. 60; Salathé et             How any such changes may in turn                       forest characteristics (71 percent of
                                                     al. 2010, pp. 66–68; Hayhoe et al. 2004,                affect coastal marten populations is                   Federal lands in reserves in coastal
                                                     p. 12423), which would result in                        even more uncertain. Thus, uncertainty                 central Oregon, 79 percent of Federal
                                                     increased availability of habitat for                   exists when determining the level of                   lands in reserves in coastal southern
                                                     coastal martens at higher elevations, as                impact climate change may have on                      Oregon, and 90 percent of Federal lands
                                                     well as increased availability of prey                  coastal marten habitat. Consequently, at               in reserves in coastal northern
                                                     during the winter months (Service 2015,                 this time and based on the analysis                    California). We therefore expect not
                                                     p. 7). Overall, it is not clear how finer-              contained within the Species Report                    only the maintenance but further
                                                     scale abiotic factors may shape local                   and summarized above, we have                          recruitment of suitable coastal marten


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                            18757

                                                     habitat on Federal reserve lands over                   development of late-successional                       low-level impact on moderate and high
                                                     time.                                                   characteristics that will be beneficial for            suitability marten habitat for Federal
                                                        Some vegetation management                           coastal martens. Specifically, and at                  lands, which constitute a majority of the
                                                     activities (such as thinning, fuels                     present:                                               extant population areas, have longer
                                                     reduction projects, and habitat                            (1) In the coastal central Oregon                   harvest rotations, and retain more
                                                     restoration) have the potential to                      extant population area, 79 percent of the              structural features on the subset of that
                                                     improve habitat suitability for the                     habitat is considered suitable for coastal             area in matrix, or where habitat will be
                                                     coastal marten in the long term by                      martens (56 percent moderate to high                   retained on lands in Federal Reserves.
                                                     minimizing loss of late-successional                    suitability). Approximately 71 percent                 In addition, because of the extent of
                                                     stands due to wildfires and accelerating                of the moderate- to high-suitability                   Federal reserve land allocations that are
                                                     the development of late-seral                           habitat occurs within Federal                          designed to maintain and develop late-
                                                     characteristics (Zielinski 2013, pp. 419–               ownership, and 71 percent of that is                   successional conditions, an
                                                     422). This has been suggested for a                     Federal Reserve land.                                  unquantifiable amount of suitable
                                                     similar mustelid, the fisher, where such                   (2) In the coastal southern Oregon                  habitat for coastal martens is expected
                                                     activities may be consistent with                       extant population area, 95 percent of the              to develop in the future. Overall,
                                                     maintaining landscapes that support                     habitat is considered suitable for coastal             potential impacts from vegetation
                                                     fishers in the long term and sometimes                  martens (78 percent moderate to high                   management do not rise to the level of
                                                     even the short term, providing                          suitability). Approximately 90 percent                 a threat given the extensive beneficial
                                                     treatments retain appropriate habitat                   of the moderate- to high-suitability                   land management practices expected to
                                                     structures, composition, and                            habitat is in Federal ownership, and 79                continue into the future (15 years) on
                                                     configuration (Spencer et al. 2008,                     percent of that is Federal Reserve land.               public lands.
                                                     entire; Scheller et al. 2011, entire;                      (3) In the coastal northern California
                                                     Thompson et al. 2011, entire; Truex and                 extant population area, 87 percent of the              Development
                                                     Zielinski 2013, entire; Zielinski 2013,                 habitat is considered suitable habitat for                Some impacts to suitable habitat are
                                                     pp. 17–20). Thus, it is reasonable to                   coastal martens (81 percent moderate to                expected to occur within the range of
                                                     assume that these types of projects                     high suitability). Approximately 77                    the coastal marten as a result of
                                                     could increase the long-term, overall                   percent of that is in Federal ownership,               development activities such as road
                                                     amount, distribution, and patch size of                 and 90 percent of that is Federal Reserve              building, dam construction and creation
                                                     suitable coastal marten habitat, although               land.                                                  of new reservoirs, conversion of forest
                                                     some short-term degradation, loss, or                      A small proportion of the moderate-                 habitat for agricultural use,
                                                     fragmentation of suitable coastal marten                and high-suitability habitat occurs on                 development and expansion of
                                                     habitat may occur in the interim.                       Federal matrix lands (i.e., lands as                   recreational areas (e.g., golf courses,
                                                        On lands managed for industrial                      defined under the NWFP that are used                   campgrounds, and trails), urban
                                                     timber harvest, the past and current                    for timber harvest). The rate of loss of               expansion, and rural development.
                                                     practice of managing coastal coniferous                 late-successional and old-growth forest                Should these types of disturbances
                                                     forests on a short-rotation system (40–60               on Federal lands due to timber harvest                 occur, they would likely result in the
                                                     years) to maximize wood production                      has declined substantially since the                   further loss, degradation, or
                                                     has reduced the complexity of the shrub                 implementation of the NWFP (Mouer et                   fragmentation of suitable habitat.
                                                     and herb layers, which are important                    al. 2011, entire). Although the NWFP                   However, if these activities occur into
                                                     components of suitable marten habitat.                  does not recognize marten habitat as a                 the future, only a small amount of
                                                     These management practices have also                    forest class or condition, late-                       habitat may be impacted rangewide
                                                     precluded development of late-                          successional old growth forest likely                  based on our evaluation of the best
                                                     successional forest characteristics that                includes a subset of coastal marten                    available data at this time because most
                                                     are important to the coastal marten                     habitat (if the necessary dense shrub                  of the potential development is
                                                     (such as large diameter logs, snags, and                layer is present).                                     expected on private lands that afford the
                                                     trees). Short-rotation forestry is                         Based on the analysis contained                     coastal marten little suitable habitat to
                                                     prevalent on private lands, whereas                     within the Species Report and                          begin with. In addition, many of the
                                                     only a small fraction of forested Federal               summarized above, including the                        areas that provide suitable habitat for
                                                     lands (i.e., ‘‘matrix’’ lands as defined                proportion of moderate- and high-                      coastal martens are areas of challenging
                                                     under the NWFP) may be used for                         suitability coastal marten habitat                     topography that are not conducive to
                                                     timber harvest.                                         available and the favorably managed                    intensive or large-scale development.
                                                        Due to current and expected future                   forested lands (primarily Federal                         In Oregon, the greatest rates of change
                                                     intensive timber-harvesting activities,                 Reserves) within each extant population                from resource land use to more
                                                     we do not anticipate that private lands                 area, we consider ongoing vegetation                   developed use occurred prior to 1984,
                                                     would support viable marten                             management to have a low impact on                     before implementation of county land-
                                                     populations or maintain important                       the loss, degradation, or fragmentation                use plans and land-use planning laws
                                                     habitat elements in the future. Instead,                of suitable coastal marten habitat across              (Oregon Administrative Rule 660–015–
                                                     the coastal marten relies on (and our                   the range of the DPS both currently and                00) that limit the conversion of
                                                     analysis considers) the maintenance of                  into the future. We note that loss of                  designated resource lands, including
                                                     suitable coastal marten habitat on                      suitable habitat (primarily low-quality                forest lands, to other uses (Lettman et al.
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                                                     Federal and State lands as the key                      suitable habitat) is expected to continue              2011, p. 16). These laws encourage
                                                     element to support the long-term                        to occur into the future on private lands              intensified development in areas
                                                     viability of coastal marten populations.                within all three population areas,                     already urbanizing, while limiting
                                                     Of the coastal marten suitable habitat                  potentially to a greater extent in the                 development in more rural areas
                                                     within the three extant population                      coastal central Oregon population area                 (Lettman et al. 2009, p. 4; Lettman et al.
                                                     areas, from 71 to 90 percent is on                      due to a larger percentage of privately-               2011, p. 9). Consequently, conversion of
                                                     Federal lands and in reserve status                     owned timber lands within that                         non-Federal forest land has been limited
                                                     under the NWFP, much of which is                        population area. For the entire range, we              in Oregon, with 98 percent of all non-
                                                     managed specifically for the                            considered vegetation management as a                  Federal forest, agricultural, and range


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                                                     18758                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     lands in the State in 1974 remaining in                 and Carraway 1998, p. 409). This                       California, we have determined that fur
                                                     those uses in 2009 (Lettman et al. 2011,                harvest level excludes Lane and Douglas                trapping, overall, does not have a
                                                     p. 11). Virtually all land-use change                   Counties because a substantial area of                 significant population-level impact
                                                     during this time occurred on private                    these counties is outside the DPS and                  across the DPS’s range and does not rise
                                                     land (Lettman et al. 2011, p. 11).                      fur trapping is only reported at the                   to the level of a threat.
                                                     However, development of private land                    county level. The most recent data
                                                                                                                                                                    Trapping for Research Purposes
                                                     within 1.6 km (1 mi) of Federal forest                  indicate that three coastal martens were
                                                     land is increasing, which can affect                    trapped within coastal Oregon during                      Based on the analysis contained
                                                     management along the periphery of                       the 2013 fur trapping season (Oregon                   within the Species Report, we consider
                                                     adjacent Federal lands, such as                         Department of Fish and Wildlife,                       the potential impacts of live-trapping
                                                     increasing the need for fuel treatments                 unpublished data). Overall, based on                   and handling for research purposes on
                                                     on public lands to protect structures on                these data, the number of martens                      coastal marten populations as
                                                     adjacent private lands (Lettman et al.                  trapped in coastal Oregon has averaged                 discountable. We came to this
                                                     2009, pp. 33–34; Azuma et al. 2013, pp.                 fewer than two animals a year in recent                conclusion based on the limited
                                                     1–2). Development of Federal forest                     decades. The fur trapping effort for                   distribution of marten research projects
                                                     lands in California and Oregon,                         martens in Oregon is relatively minimal;               in the three extant population areas
                                                     however, is expected to be limited given                the Oregon Department of Fish and                      (currently only a single project in the
                                                     past history (e.g. Lettman et al. 2011, p.              Wildlife reports that few trappers,                    western half of the coastal northern
                                                     11 for Oregon) and the management                       generally from 4 to 8, trap for marten                 California population area where no
                                                     mandates of the land management                         anywhere in the State in any given year.               martens were injured or killed during
                                                     agencies.                                               Most recent harvests of martens are from               live-trapping), and based on the strict
                                                       Based on the analysis contained                       the Cascades and Blue Mountain                         trapping and handling protocols that
                                                     within the Species Report and                           Ranges; harvest of martens in the Coast                must be adhered to by coastal marten
                                                     summarized above, and similar to the                    Range is extremely rare (Hiller 2011, p.               researchers to ensure the safety of study
                                                     vegetation management discussion                        17). Any potential population impacts                  animals. Available information does not
                                                     above, we estimate that development                     of removing individual coastal martens                 suggest that there would be any change
                                                     has a low impact on the loss,                           as a result of fur trapping are difficult              to the level of anticipated impacts of
                                                     degradation, or fragmentation of suitable               to estimate due to a lack of population                live-trapping and handling for research
                                                     coastal marten habitat across the range                 size estimates in both Oregon                          purposes into the future, and, therefore,
                                                     of the DPS both currently and into the                  population areas. The best available                   we find that the potential impacts to the
                                                     future, and thus does not rise to the                   data indicate, however, that relatively                coastal marten from trapping for
                                                     level of a threat. If development occurs,               few martens are removed from coastal                   research purposes do not rise to the
                                                     the frequency and amount of habitat                     populations as a result of fur trapping in             level of a threat.
                                                     impacted may be greater in the coastal                  Oregon, and we have no evidence to
                                                     central Oregon population area as                                                                              Factor C—Disease or Predation
                                                                                                             suggest that these populations may be in
                                                     opposed to the other two population                     decline as a consequence of fur                        Disease
                                                     areas due to a larger percentage of                     trapping.
                                                     privately-owned timber lands within the                                                                           Numerous pathogens (e.g., canine
                                                     coastal central Oregon population area.                    Based on the analysis contained                     distemper, canine parvovirus,
                                                     However, as exhibited over the past 30                  within the Species Report and                          toxoplasmosis) are known to cause
                                                     years, any loss is expected to be small.                summarized above, we consider the                      severe disease in mustelids. Infected
                                                                                                             legal fur trapping of coastal martens as               domestic dogs that are allowed to roam
                                                     Factor B—Overutilization for                            having no overall impact to the                        within an extant marten population area
                                                     Commercial, Recreational, Scientific, or                population in coastal northern                         could expose martens to lethal
                                                     Educational Purposes                                    California, as there is no legal fur                   pathogens. Fur trappers could capture
                                                     Trapping                                                trapping for martens in that State. Fur                an infected carnivore (e.g., marten,
                                                                                                             trapping effort for martens in Oregon is               fisher, gray fox, bobcat) and
                                                     Trapping for Fur                                        relatively minimal, and most martens                   inadvertently spread the disease to
                                                        Historical unregulated fur trapping                  harvested are not trapped in the coast                 martens through contaminated traps.
                                                     (prior to the 1930s) of coastal martens is              ranges. We estimate a low- to medium-                  Marten researchers could also transfer
                                                     considered by researchers as the likely                 level of impact to the two extant                      lethal pathogens within and between
                                                     cause of the marked contraction in                      populations in coastal Oregon, reflecting              extant population areas if traps and
                                                     coastal marten distribution. Legal                      the uncertainty regarding the size of                  track-plate boxes are not disinfected
                                                     marten fur trapping in coastal northern                 those populations. We estimate that the                after exposure to any carnivore species,
                                                     California ended in 1946. However, fur                  impacts of fur trapping on coastal                     including coastal martens.
                                                     trapping remains legal and has                          martens in Oregon will continue at a                      An outbreak of a lethal pathogen
                                                     continued in Oregon, and the number of                  similar level, both currently and into the             within any of the three extant coastal
                                                     martens harvested in coastal Oregon                     future, because the best available data                marten populations could occur. Several
                                                     counties has declined since the 1940s                   do not suggest that either fur trapping                serious pathogens have been detected in
                                                     (Zielinski et al. 2001, p. 482), although               effort or impacts are likely to change.                the related fisher less than 9 km (5.6 mi)
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                                                     it is not known whether trapping effort                 Additionally, of note for California, we               from the nearest verifiable marten
                                                     remained unchanged over this time                       expect that nearly all coastal martens                 detection within the coastal northern
                                                     period. By the 1970s, martens were                      that are accidentally captured in box                  California population (Brown et al.
                                                     considered rare along the Oregon coast                  traps (body-gripping traps are illegal in              2008, entire), suggesting that martens
                                                     (Zielinski et al. 2001, p. 483; Mace 1970,              California) set for other furbearer                    could be exposed by infected juvenile
                                                     pp. 13–14; Maser et al. 1981, pp. 293–                  species, or that are live-trapped for                  fishers that disperse from their natal
                                                     294). A total of 36 martens were                        research purposes, will be released                    area into the coastal marten population
                                                     harvested within coastal Oregon                         unharmed. As a result of this best                     area. However, despite possible
                                                     counties between 1969 and 1995 (Verts                   available information for Oregon and                   exposure to pathogens, no outbreaks of


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                          18759

                                                     diseases have been detected in coastal                     (1) Strickland et al. (1982, p. 607)                California extant population area to
                                                     martens, and we have no evidence to                     summarized reports of American                         determine survival rates and cause of
                                                     suggest that disease is currently present               martens being preyed upon by coyotes,                  death. Data indicate a total of nine
                                                     in any of the coastal marten                            fishers, red foxes, cougars, golden and                coastal marten mortalities, all killed by
                                                     populations.                                            bald eagles (Aquila chrysaetos,                        bobcats (Slauson et al. 2014, unpubl.
                                                        The best available data do not                       Haliaeetus leucocephalus), and great                   data). Although these data would appear
                                                     indicate that disease has impacted                      horned owls (Bubo virginianus).                        to indicate a 39 percent annual
                                                     coastal martens at any point in time in                    (2) Bull and Heater (2001a, p. 3)                   mortality rate, the annual mortality rate
                                                     the past or currently. The prevalence of                conducted a study in northeastern                      was estimated to be 33 percent due to
                                                     past exposure to lethal pathogens within                Oregon and documented 18 martens                       several martens tracked for more than a
                                                     the coastal northern California                         (i.e., Martes caurina vulpina) killed by               year that were later found dead (Slauson
                                                     population and the coastal Oregon                       predators: 44 percent by bobcats, 22                   et al. 2014, unpubl. data). The
                                                     populations has not been demonstrated                   percent by raptors, 22 percent by other                mortalities have also occurred within
                                                     through a serosurvey (i.e., a screening                 martens, and 11 percent by coyotes.                    areas where bobcats are considered
                                                     test of the serum of a marten to                           Historical coastal marten predation                 more abundant and fishers have been
                                                     determine susceptibility to a particular                rates are unknown, although the                        documented, particularly where
                                                     disease). Additionally, if the known                    historical assemblage of predator                      extensive logging and road building
                                                     extant populations are disjunct from one                species was likely similar to the current              within suitable coastal marten habitat
                                                     another, as suggested by Slauson and                    assemblage. It is possible that human-                 have occurred (Slauson 2014, pers.
                                                     Zielinski (2009, pp. 35–36), this would                 caused changes in vegetation                           comm.). No other records of coastal
                                                     be beneficial in terms of reducing the                  composition, vegetation distribution,                  marten predation have been
                                                                                                             and extensive road building over time                  documented nor conducted, including
                                                     ease of transmission of disease between
                                                                                                             have increased predator densities and                  within coastal Oregon.
                                                     the populations, should an outbreak
                                                                                                             distribution within the range of the                      Predation is identified as a natural
                                                     occur. Thus, at this time, the best
                                                                                                             coastal marten. These changes in                       stressor (i.e., part of the natural
                                                     available data do not indicate that a
                                                                                                             vegetation and infrastructure provide                  condition in which the coastal marten
                                                     disease outbreak has had, or is likely to
                                                                                                             more access and avenues in which                       has evolved). Human activities (such as
                                                     have, a significant population-level
                                                                                                             predators can exploit their prey base,                 vegetation management and road
                                                     effect on coastal martens.
                                                                                                             especially in forested areas that were                 building) may increase the abundance
                                                        In sum, there are currently no                       once undisturbed with extensive shrub                  and distribution of predators within
                                                     indications of disease in coastal marten                cover for prey, such as martens, to                    coastal marten home ranges. The
                                                     populations. If an outbreak of a serious                escape or find shelter. For example, in                preliminary home ranges of all nine
                                                     disease should occur, it could have a                   coastal northern California, fisher and                dead coastal martens mentioned above
                                                     significant impact on the affected                      gray fox have both maintained their                    contained relatively large amounts of
                                                     population. However, based upon the                     interior distributions but appear to have              recently logged forest, compared with
                                                     best available scientific and commercial                expanded their distributions in coastal                the home ranges of radio-collared
                                                     data as presented in the Species Report                 redwood forest habitat concurrently                    coastal martens that are still alive
                                                     and summarized here, there is a low                     with the dramatic decline in the                       (Slauson 2014, pers. comm.), suggesting
                                                     probability that a disease outbreak may                 distribution of coastal martens (Slauson               that disturbed areas may result in
                                                     occur. We anticipate that if there should               and Zielinski 2007, p. 242). Another                   greater predation rates or that
                                                     be an outbreak, it will likely have a low               recent study within coastal northern                   undisturbed areas, which harbor
                                                     effect on all three coastal marten                      California suggests that bobcats and gray              suitable habitat features for escape from
                                                     populations combined, as the distance                   foxes frequent roads in forests                        predators, are likely preferred. In
                                                     between them makes it unlikely that the                 dominated by redwoods (Slauson and                     addition, all nine dead coastal martens
                                                     effects of such an outbreak would                       Zielinski 2010, pp. 77–78); the same is                were found within 100 m (328 ft) of a
                                                     spread. Thus, we have determined that                   likely true for other forest types                     road. As described in the ‘‘Population
                                                     disease has a low-level population                      throughout the DPS’s historical range in               Biology and Dynamics’’ section of the
                                                     impact across the coastal marten’s range                coastal Oregon and coastal northern                    Species Report (Service 2015, p. 12),
                                                     and, therefore, does not rise to the level              California, but has not been confirmed.                Slauson et al. (In prep.(a)) estimated
                                                     of a threat currently or into the future.               Slauson and Zielinski (2010, pp. 77–78)                annual juvenile coastal marten survival
                                                     Predation                                               indicate that roads may be facilitating                at 50 percent, which suggests that the
                                                                                                             the presence and abundance of these                    observed 33 percent annual mortality
                                                        Predation is a natural ongoing source                predator species in dense-shrub                        rate of coastal martens from predation
                                                     of mortality for the coastal marten and                 landscapes and increasing the risk of                  may be sustainable.
                                                     would not be expected to negatively                     intraguild predation on coastal martens.                  The population-level impact of
                                                     impact the viability of marten                          Therefore, past logging practices that                 predation within the three coastal
                                                     populations in coastal Oregon and                       reduced the complexity of the herb and                 marten extant population areas is
                                                     coastal northern California unless                      shrub layers, in combination with                      currently unknown. Data are available
                                                     annual predation rates, combined with                   existing roads, may have facilitated an                only for the coastal northern California
                                                     all other mortality sources, exceed                     increase in the distribution of predators              population where a sample of 23
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                                                     annual juvenile coastal marten                          within the range of coastal marten, thus               individuals were radio-tracked and 9 of
                                                     recruitment rates (estimated at 50                      potentially increasing the likelihood                  those were found predated upon by
                                                     percent for the coastal marten; Slauson                 that coastal martens could encounter a                 bobcats, indicating a 33 percent
                                                     et al., In prep.(a)). At this time, the only            predator.                                              predation rate (Slauson et al. 2014,
                                                     documented coastal marten predators                        Predation of coastal martens has been               unpubl. data). Similar information does
                                                     are bobcats (Slauson et al. 2014, unpubl.               studied recently. Since the fall of 2012,              not exist for the Oregon populations.
                                                     data). However, additional predator                     researchers have radio-tracked up to 23                However, the best available scientific
                                                     species have been documented for other                  coastal martens within the western                     and commercial data indicate that
                                                     marten species and populations:                         portion of the coastal northern                        predation is occurring to an unknown


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                                                     18760                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     degree as an ongoing natural process                    the basis for conservation of the                      individual (see ‘‘Exposure to Toxicants’’
                                                     across the range of the DPS.                            northern spotted owl and other late-                   under Factor E, below). The use of
                                                       As noted above, a 33 percent annual                   successional and old-growth forest-                    rodenticides is regulated under the
                                                     predation rate is expected to be                        associated species (Forest Service and                 Federal Insecticide, Fungicide, and
                                                     sustainable when compared with an                       BLM 1994a, 1994b). This regional plan                  Rodenticide Act of 1947 (7 U.S.C. 136
                                                     annual juvenile coastal marten survival                 provides for retention and recruitment                 et seq.), via the registration of labels by
                                                     rate of 50 percent; thus, predation                     of older forests, and provides for spatial             the U.S. Environmental Protection
                                                     would not likely result in a population-                distribution of this type of habitat that              Agency. Each label describes the
                                                     level impact. Therefore, based on the                   will benefit late-successional forest-                 permitted use for an individual
                                                     best available data, we find that                       dependent species, including the coastal               rodenticide product and must be
                                                     predation has a low-level population                    marten. The amount of late-successional                supported by rigorously collected and
                                                     impact for all three extant coastal                     coniferous habitat on Federal lands                    analyzed efficacy and environmental
                                                     marten populations. The best available                  removed since implementation of the                    safety data. However, it is not clear how
                                                     data indicate that predation is a natural               plan is substantially lower than pre-                  well those regulations prevent wildlife
                                                     process and the level of predation is not               implementation levels (Kennedy et al.                  (including coastal martens) exposure to
                                                     expected to increase in the future. Based               2012, p. 128). Activities such as timber               legal uses of these rodenticides. Coastal
                                                     on the analysis contained within the                    harvest and thinning, fuels reduction                  martens may also be exposed to
                                                     Species Report and summarized above,                    treatments, and road construction (see                 rodenticides used illegally in the form
                                                     we have determined that predation does                  ‘‘Vegetation Management’’ and                          of rodenticide applications on illegal
                                                     not rise to the level of a threat, given                ‘‘Development’’ under Factor A, above)                 marijuana grow sites. Law enforcement
                                                     that it is a natural phenomenon and                     may occur in certain areas known as                    efforts occur in both Oregon and
                                                     appears to be occurring at a sustainable                matrix lands (i.e., limited areas                      California in an attempt to eradicate
                                                     level.                                                  delineated specifically to allow for                   suspected illegal marijuana grow sites,
                                                     Factor D—The Inadequacy of Existing                     programmed future timber harvest),                     but it is unknown how effective such
                                                     Regulatory Mechanisms                                   which may result in some reduction of                  measures are at reducing the exposure
                                                                                                             habitat and habitat connectivity for the               of martens to rodenticides. At this time,
                                                        Existing regulatory mechanisms that                  coastal marten. However, the future                    as described below, the best available
                                                     affect coastal martens include laws and                 loss, degradation, or fragmentation of                 data do not indicate population- or
                                                     regulations promulgated by the Federal                  suitable coastal marten habitat on                     rangewide-level impacts to coastal
                                                     and individual State governments.                       Federal lands from these activities is                 martens from legal or illegal use of
                                                     Federal and State agencies manage                       expected to be low given the limited                   rodenticides.
                                                     approximately 31 and 5 percent,                         amount of matrix land allocation.                         The Forest Service has extensive
                                                     respectively, of the lands within the                   Future increases in the amount and                     policy on the use of rodenticides (Forest
                                                     coastal marten’s range, including a total               distribution of forest habitat suitable for            Service Manual 2670.32), and the Forest
                                                     of approximately 57 percent (13,388                     coastal martens is expected to occur                   Service Manual (Forest Service 2005,
                                                     km2 (5,169 mi2)) of the currently                       either through ingrowth in Federal                     Chapter 2600) contains legal authorities,
                                                     available suitable habitat (high,                       Reserves, or through forest management                 objectives, policies, responsibilities,
                                                     medium, and low quality) throughout                     activities designed to accelerate the                  instructions, and guidance needed on a
                                                     the range of the coastal marten (see                    development of late-seral characteristics              continuing basis by Forest Service line
                                                     Table 8.2 in the Species Report (Service                within the coastal marten’s range.                     officers and primary staff to plan and
                                                     2015, p. 37)). Tribal governments, as                      The coastal marten is currently                     execute assigned programs and
                                                     sovereign entities, have their own                      treated differently on Federal lands in                activities. In addition, BLM policy (BLM
                                                     system of laws and regulations on tribal                Oregon as compared to California. In                   Manual 9011-Chemical Pest Control)
                                                     lands. Principal stressors acting on                    Oregon, the coastal marten is not                      regulates the use of rodenticides and
                                                     coastal martens for which governments                   considered a sensitive species on Forest               other pesticides on their ownership.
                                                     may have regulatory control include                     Service and BLM lands. However, the                    Queries to the BLM and Forest Service
                                                     injury or mortality due to fur trapping,                Forest Service (Region 6) has added the                in Oregon confirm they do not use
                                                     habitat modification or loss, and legal                 marten to its draft sensitive species list             anticoagulant rodenticides on their
                                                     uses of pesticides, including                           that is expected to be finalized in 2015               ownership, although some use of
                                                     anticoagulant rodenticides (ARs). These                 (U.S. Department of Agriculture, Forest                strychnine for rodent control is
                                                     regulations differ among government                     Service 2014, p. 5), and BLM (Medford                  employed on Forest Service land
                                                     entities, are explained in detail in the                and Roseburg Districts) is also working                (Standley 2013, pers. comm.; Bautista
                                                     Species Report (Service 2015, pp. 78–                   to add the marten to its sensitive species             2013, pers. comm.).
                                                     96), and are summarized below.                          lists (Hughes 2015, pers. comm.). In
                                                                                                                                                                    States of Oregon and California
                                                                                                             California, the coastal marten is a
                                                     Federal                                                                                                          Forest practice rules vary greatly
                                                                                                             sensitive species on Forest Service
                                                       All Forest Service and BLM lands                      lands, but not on BLM lands. Federal                   between Oregon and California, with no
                                                     within the range of the coastal marten                  protections afforded the coastal marten                explicitly stated coastal marten
                                                     are managed under the NWFP, which                       as a sensitive species on Forest Service               protections specified in either State.
                                                     was adopted in 1994, to guide the                       lands in California largely depend on                  However, retention of some number of
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                                                     management of 97,124 km2 (37,500 mi2)                   best management practices and                          snags and green trees in harvest units is
                                                     of Federal lands in portions of western                 conservation efforts outlined in their                 a ubiquitous requirement in managed
                                                     Washington, Oregon, and northwestern                    Land and Resource Management Plans                     forests throughout the range of the
                                                     California. The NWFP amends the                         (LRMPs), and on-site-specific project                  coastal marten (State, Federal, and
                                                     management plans of National Forests                    analyses and implementation.                           private lands) (e.g., Oregon forest
                                                     and BLM Districts within the range of                      Potential exposure of coastal martens               practice rules (Oregon Administrative
                                                     the northern spotted owl (Strix                         to ARs has not yet been studied, but to                Rules (OAR) Chapter 629, Division 600);
                                                     occidentalis caurina), representing a                   date we have incidental evidence of                    CAL FIRE forest practice rules (Title 14,
                                                     100-year strategy intended to provide                   sublethal exposure in at least one                     California Code of Regulations, Chapters


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                           18761

                                                     4, 4.5, and 10; Forest Service and BLM                  large blocks of Federal lands managed                  riparian buffer; NWFP’s protections of a
                                                     1994a, 1994b)). The coastal marten is                   as late-seral habitat. Additionally, the               network of late-successional forest
                                                     not listed under the California                         Oregon Department of Forestry calls for                habitat connected by riparian reserves)
                                                     Endangered Species Act (CESA) or as a                   managing 30 to 50 percent of their State               that contribute to the coastal marten’s
                                                     State ‘‘fully protected’’ species and thus              Forests in northwest Oregon for layered                habitat. These land-use plans are
                                                     does not receive protections available                  and old-forest structural conditions                   typically general in nature and afford
                                                     under those statutory provisions. In                    such as larger trees, multiple canopy                  relatively broad latitude to land
                                                     terms of effects to coastal marten habitat              layers, diverse understories and shrub                 managers, but with explicit sideboards
                                                     or incidental harm to coastal martens                   layering, and diverse structural features              for directing management activities.
                                                     from timber harvesting or other types of                such as downed wood and snags (ODF                     Federal regulatory mechanisms have
                                                     land-disturbing projects, the State of                  2010, pp. 4–48, C–1 to C–24). These                    abated the large-scale loss of late-seral
                                                     California has existing regulations that                lands represent a small proportion of                  coniferous forest habitat. Much of the
                                                     act in combination to disclose, avoid, or               currently occupied habitat and are                     land in Federal ownership across the
                                                     mitigate environmental degradation, the                 mostly located outside of existing                     range of the coastal marten is managed
                                                     latter two situations of which could                    coastal marten population areas;                       for interconnected blocks of late-
                                                     potentially result in benefits to coastal               however, these areas may benefit coastal               successional forests that are likely to
                                                     marten habitat. Cumulative effects                      martens in the future as they are                      benefit martens. Timber harvest has
                                                     analyses for listed and non-listed                      allowed to develop into a structural                   been substantially reduced on Forest
                                                     species, such as coastal marten, are                    condition more suitable to martens.                    Service and BLM lands within the
                                                     required in both the California                            Coastal martens can be legally                      NWFP area, and existing management is
                                                     Environmental Quality Act (CEQA) and                    harvested/trapped for fur in Oregon but                designed to maintain or increase the
                                                     the California forest practice rules.                   not in California (see ‘‘Trapping’’ under              amount and quality of late-successional
                                                        Structures that are retained (e.g., some             Factor B, above). Within Oregon, coastal               or old-growth forest that provides
                                                     level of snags and green trees) under                   martens are listed (by the Oregon                      marten habitat and aids in connecting
                                                     existing forest practice rules typically                Department of Fish and Wildlife) as a                  populations. Management of State lands
                                                     do not meet the minimum size used by                    sensitive species in the vulnerable                    for scattered parcels of older forest or
                                                     coastal martens (Schmidt 2014, pers.                    category and as a species of                           habitat retention for other late-
                                                     obs.; Slauson 2014, pers. obs.). Where                  conservation concern, but neither of                   successional species may also facilitate
                                                     these features are large enough, they                   these designations has associated                      coastal marten movements across the
                                                     may provide future denning and resting                  regulatory mechanisms. Rather, these                   landscape or provide future habitat as
                                                     sites provided they have the appropriate                designations are used to encourage                     some areas are allowed to develop into
                                                     structural attributes (such as cavities                 voluntary actions to improve a taxon’s                 older stands. Outside of public (State
                                                     and large limbs) and the surrounding                    status or prevent population declines.                 and Federal) ownership, forest practice
                                                     forest is allowed to develop the                        Within California, coastal martens may                 rules provide no explicit protection for
                                                     necessary canopy cover, dense shrub                     not be intentionally harvested or                      martens and limited protections for
                                                     understory, and prey base to support                    trapped for fur or otherwise killed in                 habitat of value to martens. While some
                                                     coastal martens in the long term. Short                 California; although injury or mortality               structural retention and limited buffers
                                                     rotations of industrial forest                          may occur when coastal martens are                     may retain structural features desirable
                                                     management rarely allow this to                         incidentally captured in traps set for                 for martens on private lands, the short
                                                     happen, as compared to areas where                      other species, we expect incidental
                                                                                                                                                                    harvest-rotation periods reduce the
                                                     management is for longer rotations or                   captures to be released unharmed. The
                                                                                                                                                                    likelihood that the surrounding stand
                                                     designed to develop older stands (e.g.,                 use of body-gripping traps is prohibited
                                                                                                                                                                    will develop to a condition that makes
                                                     old-forest structure management on                      and enforced in California, but injury or
                                                                                                                                                                    these features suitable for long-term use
                                                     Oregon State Forests) that retain these                 mortality of coastal martens is likely to
                                                                                                                                                                    by martens.
                                                     legacy features that may facilitate                     occur during illegal fur trapping using                   Based on the analyses contained
                                                     coastal marten habitat development.                     the banned body-gripping traps. The                    within the Species Report (Service 2015,
                                                        Protection measures for riparian areas               extent of illegal fur trapping and                     pp. 81–94) and summarized above on
                                                     are also a widespread standard on                       mortality of coastal martens in Oregon
                                                                                                                                                                    the existing regulatory mechanisms for
                                                     managed forests throughout the range of                 and California is unknown. In general,
                                                                                                                                                                    the coastal marten, we conclude that the
                                                     the coastal marten, with larger buffers                 legal trapping (such as that for research)
                                                     and more stringent timber retention                                                                            best available scientific and commercial
                                                                                                             is unlikely to result in injury or
                                                     requirements typically provided on                                                                             information does not indicate that the
                                                                                                             mortality to coastal martens because of
                                                     Federal and State lands as compared to                                                                         existing regulatory mechanisms are
                                                                                                             the mandatory use of live traps and
                                                     private lands. Retention areas to meet                                                                         inadequate to address impacts to coastal
                                                                                                             strict trapping and handling procedures.
                                                     other management goals are also found                                                                          martens from the identified stressors.
                                                     across ownerships (e.g., anchor habitats                Summary of Factor D
                                                                                                                                                                    Factor E—Other Natural or Manmade
                                                     on Oregon State Forests, occupied site                    Overall, existing Federal and State                  Factors Affecting the Continued
                                                     buffers on multiple ownerships,                         land-use plans include some general                    Existence of the Species
                                                     Watercourse and Lake Protection Zones                   conservation measures for northern
                                                     on private land in California). Although                spotted owl habitat that are not specific              Collision With Vehicles
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                                                     many of these retained areas are not                    to coastal martens but nonetheless                        Collision with vehicles is a known
                                                     large enough to support a coastal marten                provide a benefit to the coastal marten,               source of mortality for coastal martens
                                                     home range, they do provide patches of                  for example through the maintenance                    currently and is expected to continue
                                                     structural features that may allow                      and recruitment of late-successional                   into the future, given the presence of
                                                     coastal marten movement across the                      forest and old-growth habitat. Most                    roads within the range of the DPS. A
                                                     landscape and facilitate dispersal                      management plans address structural                    low density of roads with heavy traffic
                                                     between larger blocks of coastal marten                 habitat features (e.g., snags or downed                traveling at high speeds (greater than 45
                                                     habitat. This may be particularly                       wood retention) or land allocations (e.g.,             miles per hour) and infrequent reports
                                                     valuable where State lands lie between                  Oregon Department of Forestry’s no-cut                 of road-killed martens within all three


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                                                     18762                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     extant population areas suggest that few                Exposure to Toxicants                                     (3) Cause transient hypothermia
                                                     martens die from vehicle collisions each                                                                       (Ahdaya et al. 1976, entire; Gordon
                                                                                                                An emerging stressor to coastal                     1984, p. 432; Grue et al. 1991, pp. 158–
                                                     year.
                                                                                                             martens is the widespread use of                       159), which may contribute to an
                                                        No coastal marten road kill mortalities              anticoagulant rodenticides (ARs) and
                                                     have been reported recently (since 1980)                                                                       increase in mortality rates (Martin and
                                                                                                             other pesticides (e.g., organophosphates,              Solomon 1991, pp. 122,126); or
                                                     from within the coastal southern Oregon                 carbamates, or organochlorines) at both                   (4) Possibly impair an animal’s ability
                                                     and coastal northern California                         legal and illegal marijuana grow sites,                to recover from physical injury
                                                     population areas, both of which are                     and the potential individual- and                      (Erickson and Urban 2004, pp. 90, 100,
                                                     areas that do not contain long segments                 population-level impacts to species,                   184, 188, 190–191).
                                                     of heavily used highway (although it is                 including coastal martens, that are                       Exposure to ARs, resulting in death in
                                                     possible that road kill on any light-use                exposed to toxicants at these sites. We                some cases, is documented in many
                                                     roads in remote areas may not be                        note that recent efforts to determine the              mammalian predators (e.g., Alterio
                                                     discovered by humans before being                       prevalence of ARs in carnivore                         1996, entire; Shore et al. 1999, entire;
                                                     consumed as carrion). A total of 14                     populations have focused on fisher                     Riley et al. 2007, entire; Gabriel et al.
                                                     coastal marten mortalities have been                    populations in California due to the                   2012, entire; Quinn et al. 2012, entire),
                                                     documented from vehicle collision                       conservation status of that species and                but such information is unavailable for
                                                     since 1980 (over a 34-year period)                      because marijuana grow sites are                       coastal martens. However, there is wide
                                                     within or near the coastal central                      common in California. As information                   variability in lethal and sublethal levels
                                                     Oregon population area, suggesting a                    specific to coastal martens is largely                 of ARs exhibited among and within
                                                     low annual mortality rate from vehicle                  lacking, for the purposes of the analysis              taxonomic groups (Gabriel et al. 2012, p.
                                                     collisions. Collisions with vehicles were               in our Species Report (Service 2015, pp.               11), and it is unknown if stressors or
                                                     and continue to be expected within the                  54–61), we examined this fisher                        injuries could predispose all species to
                                                     coastal central Oregon population                       information to help evaluate the                       elevated mortality rates (e.g., Gabriel et
                                                     because of the presence of U.S. Highway                 potential impacts ARs might have on                    al. 2012, p. 10 for fishers). In one
                                                     101 within this population.                             coastal marten populations in coastal                  California study of two fisher
                                                        We expect that in the future a small                 northern California and coastal Oregon.                populations, the majority (84 percent) of
                                                     number of coastal martens will be struck                   Anticoagulant rodenticides were                     fishers (closely related to martens)
                                                     by vehicles, especially dispersing                      created to kill small mammals                          tested positive for the presence of ARs,
                                                     juvenile coastal martens that must reach                considered pests, including commensal                  but at sublethal levels (Thompson et al.
                                                     unoccupied suitable habitat for                         rodents such as house mice (Mus                        2013, p. 6; Gabriel et al. 2012, p. 5).
                                                     establishment of a home range.                          musculus), Norway rats (Rattus                         Additionally, several fishers have
                                                     However, the best available information                 norvegicus), and black rats (R. rattus) in             recently been confirmed to have died
                                                     does not suggest any significant                        and around residences, agricultural                    from acute poisoning from ARs on the
                                                     increases in vehicular traffic or new                   buildings, and industrial facilities, and              Hoopa Reservation (Gabriel et al. 2012),
                                                                                                             agricultural pests such as prairie dogs                which is located less than 9 km (5.6 mi)
                                                     highways (consistent with the
                                                                                                             (Cynomys sp.) and ground squirrels                     south of the coastal marten’s extant
                                                     information available on potential
                                                                                                             (Spermophilus sp.) in rangeland and                    population area in coastal northern
                                                     development-related impacts (see
                                                                                                             near crops. Anticoagulant rodenticides                 California. However, Gabriel et al.
                                                     ‘‘Development’’ under Factor A, above))
                                                                                                             bind to enzymes responsible for                        (2012, p. 6) determined that AR
                                                     to be built in areas where martens occur.                                                                      exposure was the direct cause of death
                                                     Therefore, we conclude the impact of                    recycling vitamin K, thus impairing the
                                                                                                             animal’s ability to produce several key                for only a small proportion (4 of 58
                                                     vehicle collisions on coastal martens to                                                                       individuals found dead within 2
                                                     continue at similar levels into the                     blood clotting factors (Berny 2007, p. 97;
                                                                                                             Roberts and Reigart 2013, pp. 173–174).                isolated California populations) of those
                                                     future. Any potential population                                                                               fishers examined.
                                                     impacts from individual coastal marten                     Anticoagulant rodenticide exposure is
                                                                                                                                                                       Little information exists specific to
                                                     mortalities as a result of collisions with              manifested by such conditions as                       coastal marten exposure or response to
                                                     vehicles are difficult to estimate; we                  bleeding nose and gums, extensive                      ARs. Coastal martens within the
                                                     have no evidence of mortalities due to                  bruises, anemia, fatigue, and difficulty               California population and likely the
                                                     collisions with vehicles in the coastal                 breathing. Anticoagulants also damage                  coastal Oregon populations may be
                                                     northern California or coastal southern                 the small blood vessels, resulting in                  exposed to ARs currently or in the
                                                     Oregon populations, and lack any                        spontaneous and widespread                             future in those areas where marijuana
                                                     population size estimate for the coastal                hemorrhaging. There is often a lag time                grow sites are located (which currently
                                                     central Oregon population area where                    of several days between ingestion and                  is known to be a fraction of the coastal
                                                     some mortalities have been documented                   death, if lethal doses are ingested (Berny             marten’s range) based on: (1) The
                                                     over an extended period of time. The                    2007, pp. 97–98; Roberts and Reigart                   proximity of the closely related fisher
                                                     best available data indicate, however,                  2013, pp. 174–175). Evidence from                      with confirmed exposure to ARs,
                                                     that across the DPS relatively few                      laboratory and field studies for several               including in areas as close as 9 km (5.6
                                                     coastal martens are killed as the result                mammalian and avian species suggests                   mi) from the coastal northern California
                                                     of collisions with vehicles. Based on the               that various pesticide (including                      population; (2) the broad use of ARs at
                                                                                                             rodenticide) exposures:
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                                                     information presented above and in the                                                                         illegal marijuana cultivation sites,
                                                     Species Report (Service 2015, pp. 52–                      (1) Reduce immune system function                   which have been documented to occur
                                                     53), we find that collision with vehicles               (Repetto and Baliga 1996, pp. 17–37; Li                within or adjacent to portions of both
                                                     presents a low-level impact on all three                and Kawada 2006, entire; Zabrodskii et                 the marten’s coastal northern California
                                                     coastal marten populations (i.e., impacts               al. 2012, p. 1);                                       and coastal southern Oregon population
                                                     to individual coastal martens as                           (2) Are associated with a higher                    areas; and (3) the potential continued
                                                     opposed to populations); therefore, this                prevalence of infectious disease (Riley                use of ARs at legal grow sites and other
                                                     stressor does not rise to the level of a                et al. 2007, pp. 1878, 1882; Vidal et al.              areas within the range of the coastal
                                                     threat.                                                 2009, p. 270);                                         marten where agricultural pesticide use


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                          18763

                                                     occurs. Although the presence or use of                 martens at this time, including the lack               abundance of coastal martens in the
                                                     ARs is documented in many areas                         of information regarding potential                     coastal northern California population
                                                     throughout coastal northern California                  sublethal effects. There are few samples               area is low (i.e., fewer than 100
                                                     and into portions of Oregon (Higley et                  to fully determine coastal marten                      individuals in 2008). Comparing areas
                                                     al. 2013, p. 2; Oregon High Intensity                   exposure rates to ARs, and no tests on                 sampled in 2008 to those sampled in
                                                     Drug Trafficking Area 2013, entire), to                 martens to determine sublethal                         2000 to 2001, sample unit occupancy
                                                     date, only one record of a positive                     exposure rates and effects. The recent                 had declined by an estimated 42 percent
                                                     exposure exists within the range of                     legalization of marijuana in the State of              (Slauson et al. 2009b, p. 10). Whether
                                                     coastal martens that demonstrates                       Oregon adds an additional element of                   this change may have been part of a
                                                     exposure to ARs. This information was                   uncertainty to evaluation of this                      natural population fluctuation or was
                                                     obtained from non-related, coincidental                 stressor, as it is unknown whether or                  related to human-caused factors is
                                                     research occurring in the coastal                       how this may potentially affect                        unknown (Slauson et al. 2009b, p. 14).
                                                     northern California extant population                   exposure rates (for example, whether                   Although small in size, preliminary
                                                     area in 2014; of six coastal martens                    there may be a trend toward indoor                     occupancy estimates for 2012 (which
                                                     assessed, one tested positive for AR                    grow operations, which would                           are unchanged from 2008) suggest no
                                                     exposure with a sublethal concentration                 potentially reduce exposure of wildlife                further changes in marten population
                                                     (Slauson 2014, unpubl. data). The                       to ARs). Based on the analysis contained               abundance (Slauson et al. 2014, unpubl.
                                                     individual that tested positive was                     within the Species Report and                          data).
                                                     confirmed killed by a bobcat. It is                     summarized above, we find the                             The abundance and trend of coastal
                                                     unknown whether the sublethal dose of                   population-level impact from exposure                  marten populations in coastal Oregon is
                                                     ARs may have predisposed that coastal                   to toxicants to be low both currently and              unknown; standardized survey efforts
                                                     marten to predation. This information                   into the future, although a higher                     for martens in central and southern
                                                     about potential exposure of coastal                     (medium-level) impact may occur for                    Oregon began in 2014. In the coastal
                                                     martens to ARs was collected on private                 the coastal northern California                        central Oregon population area, at least
                                                     lands and involved a small sample size                  population as a result of higher                       one marten was detected in 2014, and
                                                     (six coastal marten individuals) in one                 prevalence of illegal marijuana                        six martens have been detected in 2015
                                                     portion of the coastal northern                         cultivation sites. The best available                  in the first weeks of surveys (Moriarty
                                                     California extant population area; thus,                information does not suggest that these                2015, pers. comm.). In addition, surveys
                                                     it is not necessarily representative of the             impacts rise to the level of a threat,                 just beginning in southern coastal
                                                     levels of exposure throughout other land                primarily based on the available                       Oregon have yielded a marten detection
                                                     ownership areas within the remainder                    information on levels of known marten                  (Moriarty 2015, pers. comm.). Surveys
                                                     of the DPS. The sublethal AR exposure                   exposure to ARs and lack of evidence                   are continuing at the time of publication
                                                     of this single coastal marten is the only               that ARs are having a population-level                 of this document.
                                                     data available to us regarding potential                effect.
                                                                                                                                                                       Slauson and Zielinski (2009, p. 36)
                                                     exposure of coastal martens to ARs; the                 Small and Isolated Population Effects                  describe the three known extant coastal
                                                     best available information does not                                                                            marten populations as disjunct. Verified
                                                                                                               Small, isolated populations are more
                                                     indicate any population- or rangewide-                                                                         marten detections have clustered into
                                                                                                             susceptible to impacts overall, and
                                                     level impacts of AR exposure on coastal                 relatively more vulnerable to extinction               the three extant population areas
                                                     martens.                                                due to genetic problems, demographic                   recognized in this document, which are
                                                        Overall, illegal and legal marijuana                 and environmental fluctuations, and                    geographically separated. The degree of
                                                     cultivation sites (and use of ARs and                   natural catastrophes (Primack 1993, p.                 functional connectivity between the
                                                     other pesticides) are present within or                 255). That is, the smaller a population                known populations is not well
                                                     near all three coastal marten                           becomes, the more likely it is that one                understood due to insufficient survey
                                                     populations, although the probability of                or more stressors could impact a                       effort in many areas, particularly in
                                                     exposure varies between them. At this                   population, potentially reducing its size              coastal Oregon (Service 2015, p. 29).
                                                     time we estimate that the prevalence of                 such that it is at increased risk of                   There are some detections of martens
                                                     illegal marijuana cultivation sites (based              extinction. We therefore evaluated                     occurring between the coastal northern
                                                     on data associated with eradicated                      information suggesting that the                        California and coastal southern Oregon
                                                     cultivation sites) occurs within                        currently known populations of coastal                 populations (Service 2015, p. 31, Figure
                                                     approximately 5 percent of the coastal                  martens may be small or isolated from                  8.2(B)). Habitat modeling suggests
                                                     central Oregon population area, 25                      one another to the degree that such                    connectivity of suitable habitat between
                                                     percent of the coastal southern Oregon                  negative effects may be realized in the                these populations (Service 2015, pp. 25–
                                                     population area, and 40 percent of the                  DPS.                                                   26), and there are no known barriers to
                                                     coastal northern California population                    The best available data suggest coastal              dispersal between them. Suitable habitat
                                                     area (Service 2014, unpubl. data).                      marten distribution has contracted                     is more limited and of lower quality
                                                     However, the incidence of toxicant                      markedly in California and southern                    between the coastal southern Oregon
                                                     exposure that may result for coastal                    Oregon since the early 20th century. At                and coastal central Oregon populations,
                                                     martens and the potential population-                   present there are three known extant                   but not entirely discontinuous (Service
                                                     level effects are largely unknown given                 populations of coastal martens in                      2015, pp. 25–26). Survey efforts have
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                                                     testing for exposure to ARs began only                  California and Oregon; however, much                   also been more limited in this area to
                                                     recently. We note significant                           of coastal Oregon has not been                         date (Service 2015, p. 29). Marten
                                                     uncertainty as to the severity of impact                systematically surveyed. Of these                      surveys are largely lacking from coastal
                                                     that this stressor may have at the                      known populations, the coastal northern                central and coastal northern Oregon,
                                                     population- and rangewide levels on                     California population is the only                      although habitat modeling suggests
                                                     coastal marten given that the best                      population for which size estimates are                conditions suitable for additional
                                                     available data are minimal regarding                    available. Based on multi-state                        martens that could support the existing
                                                     potential exposure to this stressor and                 occupancy modeling, Slauson et al.                     known populations (Service 2015, p.
                                                     any consequent effects on coastal                       (2009b, p. 13) estimated that the                      29–30, 34).


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                                                     18764                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                        Surveys designed to determine                        preserve the potential for recolonization              individuals that comprise the coastal
                                                     potential occupancy by coastal martens                  or augmentation (Brown and Kodric-                     northern California population of
                                                     (for example, targeting areas of suitable               Brown 1977, entire). Genetic evidence                  martens appears to have remained the
                                                     habitat large enough to support multiple                from studies of martens in fragmented                  same in recent years based on survey
                                                     home ranges) may not necessarily detect                 landscapes suggests that despite                       data collected since 2008.
                                                     animals moving between populations.                     separation of populations by large                        Abundance and trend estimates are
                                                     Although not equivalent in function to                  distances, up to several hundred                       not available for the two coastal Oregon
                                                     large areas of contiguous habitat,                      kilometers, little genetic differentiation             populations, so it is unknown whether
                                                     fragmented patches of forest sufficient                 is observed (Broquet et al. 2006, p. 1690,             these populations might be considered
                                                     to provide corridors for dispersal of                   citing Kyle and Strobeck 2003, pp. 60–                 small. Coastal martens have likely been
                                                     individuals can play an important role                  61). Broquet et al. (2006, p. 1690)                    reduced in abundance relative to their
                                                     in maintaining assemblages of old-                      suggest this weak genetic structure is                 historical numbers, although Zielinski
                                                     growth forest mammals (Perault and                      indicative of great dispersal capacity in              et al. (2001, p. 487) suggest that out of
                                                     Lomolino 2000, pp. 418–419). The                        martens, and their results suggest that a              the three west coast States, coastal
                                                     potential habitat connectivity between                  few successful long-distance dispersers                martens are likely most common in
                                                     known populations of coastal martens                    create enough gene flow in marten                      Oregon. These researchers note,
                                                     and their capacity to travel long                       populations to significantly reduce                    however, an inability to evaluate the
                                                     distances at least on occasion suggests                 genetic differentiation that might                     status of martens in the coastal
                                                     that the geographically disjunct nature                 otherwise result from isolation by                     mountain ranges of central and northern
                                                     of coastal marten populations is not                    distance (Broquet et al. 2006, p. 1695).               Oregon due to insufficient historical or
                                                     necessarily a barrier resulting in                         Based on all of these consideration,                contemporary data (Zielinski et al. 2001,
                                                     isolation. As described earlier, the                    despite the relatively geographically                  p. 486). Data from systematic surveys
                                                     majority of juvenile martens disperse                   disjunct nature of the known extant                    continue to be limited or nonexistent in
                                                     relatively short distances from their                   marten populations, we do not have                     coastal northern and coastal central
                                                     natal areas, generally less than 15 km                  evidence to suggest that the populations               Oregon, leading to an inability to
                                                     (9.3 mi) (Phillips 1994, pp. 93–94). The                are likely entirely isolated from one                  determine population size, trend, or
                                                     distance between known extant coastal                   another to the degree that we would                    distribution in these areas at this time.
                                                     marten populations exceeds the mean                     expect the manifestation of significant                However, as noted above, recently
                                                     maximum juvenile dispersal distance                     negative effects that could potentially                initiated surveys in coastal central and
                                                     for martens in general (15 km (9.3 mi);                 arise in small, isolated populations,                  coastal southern Oregon did result in
                                                     Phillips 1994, pp. 93–94). The distance                 such as inbreeding depression. We                      seven total detections of coastal martens
                                                     between known extant populations                        recognize that habitat quality and                     in the first weeks of effort in 2015
                                                     exceeds this distance, but is within the                contiguity could be improved between                   (Moriarty 2015, pers. comm.), and
                                                     maximum observed dispersal capability                   the extant population areas, and                       surveys are continuing at the time of
                                                     of martens, ranging from 40 to 80 km (25                indications are that habitat recruitment               this publication (Moriarty 2015, pers.
                                                     to 50 mi) (Thompson and Colgan 1987,                    through management of Federal lands                    comm.).
                                                                                                             under the NWFP should contribute to                       The three known extant populations
                                                     pp. 831–832; Broquet et al. (2006, pp.
                                                                                                             improved connectivity. Despite room for                of coastal martens are disjunct. While
                                                     1690, 1695), up to 149 km (92 mi) or
                                                                                                             improvement, at this point in time, the                this characteristic does have some
                                                     greater (Slough 1989, p. 993; Kyle and
                                                                                                             best available information suggests that               potential negative effects (e.g., potential
                                                     Strobeck 2003, p. 61). The relatively
                                                                                                             the extant population areas are within                 impacts from other stressors may be
                                                     continuous extent of some limited area                                                                         exacerbated), overall it places the DPS at
                                                                                                             the dispersal capabilities of martens and
                                                     of marten habitat, though much of it is                                                                        a diminished risk of extinction due to
                                                                                                             the habitat suitability model indicates
                                                     low in quality, and dispersal                                                                                  small population size effects (known
                                                                                                             some connectivity between populations,
                                                     capabilities of martens indicates that                                                                         small population for coastal northern
                                                                                                             at least sufficient to provide for
                                                     movement between coastal marten                                                                                California and unknown for coastal
                                                                                                             occasional genetic interchange. We note
                                                     populations is possible, acknowledging                                                                         Oregon populations) because it is
                                                                                                             that more detailed information is
                                                     that individuals seeking to traverse                                                                           unlikely that any stressor will
                                                                                                             needed regarding the size and
                                                     areas of regenerating forest face reduced               demographics of coastal marten                         simultaneously affect all three
                                                     probability of survivorship (Johnson et                 populations, as well as the capability of              populations. In addition, although the
                                                     al. 2009, p. 3366). For this reason, areas              intervening areas of habitat to support                populations may be discontinuous, we
                                                     that may provide for safe corridors of                  dispersing individuals, in order to fully              do not have evidence to suggest that
                                                     movement, such as riparian areas                        understand whether the known                           populations are entirely isolated beyond
                                                     retained under State forest practice rules              populations are faced with any                         the potential dispersal range known for
                                                     (see Factor D, above), may play an                      challenges as a result of the present                  martens such that negative small
                                                     important role in facilitating connection               degree of connectivity between them.                   population effects are likely to be
                                                     between larger areas of suitable habitat                   Although coastal martens are likely                 realized. Therefore, based on the best
                                                     for coastal martens.                                    reduced in abundance or distribution                   available data, we have determined that
                                                        In most cases, genetic interchange                   relative to their historical numbers and               small or isolated population size effects
                                                     need occur only occasionally between                    range, there is no empirical evidence                  do not rise to the level of a threat either
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                                                     populations (a minimum of 1 migrant                     that any current populations of coastal                currently or in the future.
                                                     per generation, possibly up to 10) to                   marten are in decline. Based upon the
                                                     offset the potential negative impacts of                analysis contained within the Species                  Cumulative Effects
                                                     inbreeding (e.g., Mills and Allendorf                   Report and summarized above, the best                    We estimate the potential impact of
                                                     1996, entire; Wang 2004, entire). In                    available information indicates that the               each stressor described above acting
                                                     addition, depending on population sizes                 coastal northern California population                 alone on coastal marten individuals,
                                                     and the distance between them, the                      totals fewer than 100 individuals                      populations, and suitable habitat.
                                                     ability of even a few individuals to                    (Slauson et al. 2009b, p. 13). Although                However, coastal marten populations
                                                     move between population areas can                       small in size, the estimated number of                 and suitable habitat can also be affected


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                          18765

                                                     by all stressors acting together or some                change projections. Based on these 30                  al. 2012, p. 10 for fishers). While it is
                                                     of the identified stressors acting together             years of data, we can reasonably                       possible that these effects could occur
                                                     (particularly medium-level impacts, as                  estimate that these effects will continue              for coastal martens, the best available
                                                     described in detail in the Species Report               with the same approximate level of                     data at this time do not support a
                                                     and summarized above). The combined                     impact throughout the DPS into the next                conclusion that the cumulative effects of
                                                     effects of those stressors could impact                 30 years, although they may be slightly                rodenticides (which may occur at
                                                     populations or suitable habitat in an                   higher in the coastal southern Oregon                  relatively few sites within the extant
                                                     additive or synergistic manner. Any                     and coastal northern California                        population areas and thus reduce
                                                     given stressor could impact individuals,                population areas. Additionally, we do                  likelihood of exposure) combined with
                                                     a portion of a population, or available                 not have information that climate                      other environmental stressors rise to the
                                                     suitable habitat to varying degrees or                  change will result in vegetation changes               level of a threat to the DPS overall.
                                                     magnitude, and alone, a stressor may                    that will make significant portions of                 Relatively few marijuana grow sites
                                                     not significantly impact coastal martens                currently occupied coastal marten                      have been found within the extant
                                                     or their habitat.                                       habitat unsuitable. Therefore, the best                population areas (which reduce
                                                        Based on our analysis of all stressors               available data at this time do not suggest             likelihood of exposure), there are too
                                                     that may be impacting coastal martens                   that the cumulative effects of wildfire                few samples to determine coastal
                                                     or their habitat, including, to be                      and climate change rise to the level of                marten exposure rates to ARs, and no
                                                     conservative, taking into account effects               a threat to the DPS overall for the                    tests have been conducted on martens to
                                                     associated with potential small or                      following reasons:                                     determine sublethal exposure rates and
                                                     isolated populations (noting that the                      (1) Although climate change models                  effects. Furthermore, none of the data
                                                     coastal northern California population is               generally predict warmer, drier                        available (related to exposure and
                                                     known to be small and information is                    conditions in the future, the coastal                  potential lethal or sublethal effects)
                                                     not available to indicate if the coastal                marten primarily inhabits forests that                 demonstrate an effect leading to current
                                                     Oregon populations may be small), it is                 are relatively less vulnerable to such                 or future population declines.
                                                     likely that if any cumulative impacts                   changes. The overall continued
                                                                                                                                                                       Vegetation management activities that
                                                     occur, they would do so under the                       presence of relatively moist habitat
                                                                                                                                                                    reduce the shrub layer that coastal
                                                     following three scenarios:                              conditions for coastal marten habitat,
                                                        (1) A projected increase in the                                                                             martens rely on could also provide
                                                                                                             primarily along the western coast,
                                                     frequency and size of wildfires within                                                                         increased suitable habitat for marten
                                                                                                             including overall cooler, moist summer
                                                     the coastal southern Oregon and coastal                 conditions, moderate the dry conditions                predators, such as bobcats, resulting in
                                                     northern California portions of the                     that promote fire ignition and spread.                 potential increased levels of predation
                                                     DPS’s range due to climate change                          (2) Moderate- and high-quality habitat              on coastal martens. In general, however,
                                                     model projections of a warmer, drier                    for coastal martens has remained                       we expect such vegetation management
                                                     climate in the future, which could also                 following recent large wildfires (i.e.,                activities would be restricted primarily
                                                     change vegetation structure.                            wildfires that have burned at mixed                    to private lands. As discussed above
                                                        (2) A potential increase in coastal                  severities (LANDFIRE 2008a;                            (see Summary of Species Information,
                                                     marten mortality rates from predation,                  LANDFIRE 2008b; LANDFIRE                               above), the majority of the area known
                                                     disease, fur trapping in Oregon, and                    undated(a))); these fires have not                     to be occupied by coastal martens is
                                                     collision with vehicles due to reduced                  resulted in extensive stand-replacement                composed of Federal lands, and most of
                                                     marten fitness after sublethal exposure                 within the coastal marten’s range.                     these Federal lands are in reserves
                                                     to toxicants found at marijuana grow                       (3) Neither adverse changes to coastal              managed under the standards and
                                                     sites, although levels of exposure                      marten habitat through potential                       guidelines of the NWFP. As these areas
                                                     remain unknown.                                         vegetation changes nor the loss of                     are under management for the
                                                        (3) Increased coastal marten predation               habitat from future wildfires is expected              protection or enhancement of late-
                                                     rates due to an increased abundance of                  to be significant, nor is the combined                 successional forest characteristics, we
                                                     intraguild predators (e.g., bobcats,                    effect of these two potential stressors.               do not expect extensive management
                                                     fishers) resulting from vegetation                         Sublethal effects of anticoagulant                  activities on these lands to reduce shrub
                                                     management activities that improve                      rodenticides have been demonstrated                    densities and thus potentially result in
                                                     habitat suitability for these marten                    for many species (see discussion in the                increased abundance of intraguild
                                                     predators by decreasing shrub densities.                Species Report (Service 2015, p. 57)),                 predators. Reduced shrub densities as a
                                                        Here we consider the impacts of each                 and can include reduced blood clotting                 result of vegetation management on
                                                     of these potential cumulative effect                    abilities and excessive bleeding.                      private lands may pose an increased risk
                                                     scenarios:                                              Sublethal exposure to ARs has been                     of predation to individual coastal
                                                        Models of climate change predict                     shown to make individuals of non-                      martens seeking to disperse through
                                                     potential increases in wildfire frequency               mustelid mammals more susceptible to                   such areas, which poses some
                                                     and size within the coastal southern                    environmental stressors such as adverse                challenges in terms of maintaining or
                                                     Oregon and coastal northern California                  weather, food shortages, and predation                 developing connectivity between
                                                     portions of the DPS. As described in our                (Erickson and Urban 2004, p. 99; Jaques                populations. Although a potential
                                                     analysis in ‘‘Wildfire’’ under Factor A,                1959, p. 851; Cox and Smith 1992, p.                   reduction in the complexity of herb and
                                                     above, we expect that wildfire impacts                  169; Brakes and Smith 2005, p. 121;                    shrub layers on these private lands is
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                                                     are likely to occur throughout the range                LaVoie 1990, p. 29), potentially                       likely to continue and thus potentially
                                                     of the coastal marten at a level similar                predisposing individuals to death from                 result in increased suitable habitat for
                                                     to the historical impacts that have                     other causes. However, there is wide                   marten predators, these vegetation
                                                     occurred within each extant population                  variability in lethal and sublethal levels             changes are expected to be offset by the
                                                     area between 1984–2012 (roughly 30                      of ARs exhibited among and within                      continued maintenance and
                                                     years), and we expect that fire                         taxonomic groups (Gabriel et al. 2012, p.              enhancement of significant portions of
                                                     frequency, size, and severity in the                    11), and it is unknown if stressors or                 suitable habitat on forested reserves
                                                     future will be fairly similar or slightly               injuries could predispose all species to               throughout the range of the coastal
                                                     higher in some areas based on climate                   elevated mortality rates (e.g., Gabriel et             marten. Thus, at this time, cumulative


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                                                     18766                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     effects of potential vegetation                         Company (Service 2012, entire). Each                   Smith River Rancheria, California;
                                                     management activities and predation do                  signatory party designated two or more                 Resighini Rancheria, California; Big
                                                     not rise to the level of a threat to the                members to provide input to the                        Lagoon Rancheria, California; Cher-Ae
                                                     DPS overall.                                            conservation assessment and strategy,                  Heights Indian Community of the
                                                        In summary, the best available                       and to guide future implementation of                  Trinidad Rancheria, California; Blue
                                                     scientific and commercial data at this                  priority conservation actions,                         Lake Rancheria, California; Bear River
                                                     time do not show that combined                          irrespective of land ownership. In                     Band of the Rohnerville Rancheria,
                                                     impacts of the most likely cumulative                   January 2014, an Oregon stakeholder                    California; Cahto Tribe of the
                                                     impact scenarios are resulting in                       group was formed to work with the                      Laytonville Rancheria; Sherwood Valley
                                                     significant individual- or population-                  HMCG to extend conservation efforts for                Rancheria of Pomo Indians of California;
                                                     level effects to the coastal marten,                    the coastal marten into Oregon. This                   and Manchester Band of Pomo Indians
                                                     including when taking into                              informal group includes participation                  of the Manchester Rancheria, California.
                                                     consideration small population size,                    from Federal, State, timber, and tribal                   Although suitable habitat for coastal
                                                     where known. Although all or some of                    interests.                                             martens may occur on tribal lands, our
                                                     the stressors could potentially act in                     The HMCG is cooperatively                           records indicate that none of the tribes
                                                     concert as a cumulative threat to the                   developing a conservation strategy to                  in coastal Oregon or in coastal northern
                                                     coastal marten, there is ambiguity in                   address coastal marten population and                  California specifically manage for
                                                     either the likelihood or level of impacts               habitat needs across its range, including              coastal marten populations or habitat on
                                                     for the various stressors at the                        the goal of increasing the abundance                   their lands. However, the Siletz Indians
                                                     population or rangewide level, or the                   and distribution of coastal martens                    manage 1,700 ha (4,300 ac) of forest
                                                     data indicate only individual-level                     through habitat retention, habitat                     land for the benefit of marbled murrelets
                                                     impacts. There is little doubt that                     restoration, and establishment of                      (Brachyramphus marmoratus) in
                                                     coastal marten populations today are                    additional populations within their                    Oregon, which coincidentally may also
                                                     smaller and their range has been                        historical range. The strategy uses                    provide suitable habitat for coastal
                                                     reduced compared to historical                          strategic habitat conservation and                     martens, and the Yurok Tribe is a
                                                     conditions, which potentially increases                 adaptive management principles, and                    member of the HMCG and currently
                                                     the vulnerability of the coastal marten to              will identify necessary permits and                    owns approximately 23 percent of the
                                                     potential cumulative low- or medium-                    compliance needs well in advance of                    total area of the coastal northern
                                                     level impacts. However, the best                        the need for such authorization. Each                  California population area, most of
                                                     available information does not provide                  party seeks input and support from                     which is occupied by coastal martens.
                                                     reliable evidence to suggest that current               scientific and technical support staff                 The best available information does not
                                                     coastal marten populations are                          within their agencies or organizations                 identify what the Yurok Tribe’s
                                                     experiencing population declines or                     for the entire HMCG to consider for                    vegetation management activities or
                                                     further reductions in distribution,                     integration in overall planning,                       potential impacts may be to coastal
                                                     which would be indicative of such                       implementation, analysis, and                          martens and their habitat. However, we
                                                     impacts. Thus, the best available                       monitoring efforts collectively found to               will continue to work with the Yurok
                                                     scientific and commercial data do not                   be necessary for the conservation of                   Tribe, including through the HMCG,
                                                     indicate that these stressors (including                coastal marten and its habitat. It is not              and explore potential coastal marten
                                                     consideration of effects associated with                the intent of the conservation strategy to             conservation actions on their lands. We
                                                     potentially small or isolated                           supplant any ongoing and planned                       also anticipate coordinating with other
                                                     populations, to be conservative) are                    conservation efforts by the individual                 tribes that may harbor suitable coastal
                                                     cumulatively causing now or will cause                  parties; instead, the conservation                     marten habitat within the range of the
                                                     in the future a substantial decline of the              strategy intends to identify                           coastal marten.
                                                     total extant populations of the coastal                 opportunities to enhance those                            In addition to conservation actions
                                                     marten across its range. Therefore, we                  conservation efforts. The HMCG holds                   either planned or already being
                                                     have determined that the cumulative                     quarterly meetings to facilitate                       implemented related to the HMCG and
                                                     impacts of these potential stressors do                 completion and implementation of the                   tribal efforts, the Green Diamond
                                                     not rise to the level of a threat.                      conservation strategy. The California                  Resource Company’s (formerly Simpson
                                                                                                             component of the conservation strategy                 Timber Company) 1992 Northern
                                                     Conservation Efforts                                                                                           Spotted Owl Habitat Conservation Plan
                                                                                                             is estimated to be completed in the
                                                       The Humboldt Marten Conservation                      spring of 2015, followed by the Oregon                 (HCP) (Simpson Timber Company 1992,
                                                     Group (HMCG) was formed in 2011,                        component in late 2015 or early 2016.                  entire) covers lands that contain suitable
                                                     with the primary goal of developing a                   A final conservation strategy for both                 habitat for coastal marten. This HCP
                                                     conservation assessment and strategy for                states (as a single coastal marten                     describes how Green Diamond Resource
                                                     the [then described] Humboldt marten                    conservation strategy) is estimated to be              Company identifies (during planning for
                                                     subspecies (Martes americana                            completed in 2016.                                     timber harvest) ways to retain resource
                                                     humboldtensis) in coastal northern                         Tribes that own or manage lands                     attributes that provide core habitat for
                                                     California. A memorandum of                             within the historical range of the coastal             future northern spotted owl habitat,
                                                     understanding (MOU) was signed on                       marten (and may or may not have                        including retention of: (1) Hardwood
                                                     September 26, 2012, between the                         currently suitable coastal marten habitat              and conifer patches, (2) habitat structure
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                                                     Service, Six Rivers National Forest, the                on their lands) include: Coquille Indian               along watercourses, (3) hard and soft
                                                     U.S. Forest Service Pacific Southwest                   Tribe; Confederated Tribes of Grand                    snags, (4) standing live culls (i.e., trees
                                                     Research Station, Redwood National                      Ronde Community of Oregon;                             of marketable size that are useless for all
                                                     and State Parks, California Department                  Confederated Tribes of Siletz Indians of               but firewood or pulpwood because of
                                                     of Fish and Wildlife (CDFW; formerly                    Oregon (Siletz Indians); Hoopa Valley                  crookedness, rot, injuries, or damage
                                                     California Department of Fish and Game                  Tribe, California; Yurok Tribe of the                  from disease or insects), and (5) small
                                                     (CDFG)), California Department of Parks                 Yurok Reservation, California (Yurok                   areas of undisturbed brush (Simpson
                                                     and Recreation (CDPR), the Yurok Tribe,                 Tribe); Wiyot Tribe, California; Karuk                 Timber Company 1992, entire). These
                                                     and the Green Diamond Resource                          Tribe; Elk Valley Rancheria, California;               HCP goals coincidentally will provide a


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                            18767

                                                     benefit to coastal martens that may                     future impacts. For two stressors, we                  vegetation are more uncertain, as is the
                                                     occur on those lands. However, we note                  have defined different periods: 30 years               rate at which any such changes might be
                                                     that the level and extent of resource                   constitutes the foreseeable future over                realized. Therefore, it is not clear how
                                                     retention are not defined, and the                      which we assessed the stressor of                      or when changes in forest type and
                                                     current description to retain ‘‘small                   wildfire (based on the expected future                 plant species composition will affect the
                                                     areas of undisturbed brush’’ is helpful,                equivalent level of fire frequency, size,              distribution of coastal marten habitat.
                                                     but not necessarily adequate for the                    and severity as compared to the past 30                There is additional uncertainty as to
                                                     needs of the coastal marten (i.e.,                      years), and 40–50 years constitutes the                fine-scale features of suitable marten
                                                     management relies primarily on clear                    foreseeable future over which we                       habitat that may be affected by climate
                                                     cut management of timberlands). The                     assessed the stressor of climate change                change, whether any changes will occur
                                                     Green Diamond Resource Company is in                    (based on model projections of climate                 at a scale relevant to the taxon, and how
                                                     the initial stages of developing a new                  changes for coastal Oregon and coastal                 these changes will be expressed in the
                                                     HCP for their lands, although currently                 northern California).                                  coastal marten populations. Overall, we
                                                     the coastal marten is not a covered                        We evaluated each of the potential                  lack sufficient information to predict
                                                     species. Because 11 percent of the                      stressors in the Species Report (Service               with any certainty the future direct
                                                     coastal northern California extant                      2015, entire) for the coastal DPS of                   impacts of climate change on coastal
                                                     population area is on Green Diamond                     Pacific marten, and we determined that                 marten habitat or populations.
                                                     Resource Company timberlands, we are                    wildfire (Factor A), habitat impacts due               Consequently, we have determined that
                                                     currently working with them to                          to the effects of climate change (Factor               we do not have reliable information to
                                                     incorporate conservation actions into                   A), vegetation management (Factor A),                  suggest that climate change is a threat to
                                                     the HCP that would benefit the coastal                  development (Factor A), trapping (for                  coastal marten habitat now or in the
                                                     marten and its habitat, particularly in                 fur and research purposes) (Factor B),                 future, although we will continue to
                                                     those areas that lie between large                      disease (Factor C), predation (Factor C),              seek additional information concerning
                                                     suitable tracks of public lands.                        collision with vehicles (Factor E),                    how climate change may affect coastal
                                                                                                             exposure to toxicants (Factor E), and                  marten habitat.
                                                     Finding                                                 small and isolated population size                        • Vegetation management is likely to
                                                        As required by the Act, we considered                effects (Factor E) are factors that have               have an overall low impact on the loss,
                                                     the five factors in assessing whether the               either minimally impacted individuals                  degradation, or fragmentation of suitable
                                                     coastal marten is an endangered or                      in one or more of the populations or that              coastal marten habitat across the range
                                                     threatened species throughout all of its                may potentially have impacts on                        of the DPS both currently and into the
                                                     range. We examined the best scientific                  individuals or populations in the future.              future. Some loss of suitable habitat
                                                     and commercial data available regarding                 Our analysis resulted in the following                 (primarily low-quality suitable habitat)
                                                     the past, present, and future stressors                 conclusions for each of the stressors:                 is expected to continue to occur into the
                                                     faced by the coastal marten. We                            • Wildfire impacts are likely to occur              future on private lands within all three
                                                     reviewed the petition, information                      throughout the range of the coastal                    population areas. However, private
                                                     available in our files, and other                       marten similar to the historical impacts               lands support a relatively small
                                                     available published and unpublished                     that have occurred based on the impact                 proportion of the suitable habitat
                                                     information, and we consulted with                      level estimates of the prevalence of                   available for coastal martens within
                                                     recognized marten and habitat experts,                  wildfires within each extant population                extant population areas. Federal lands
                                                     and other Federal, State, and tribal                    area between 1984–2012 (roughly 30                     constitute a majority of the extant
                                                     agencies. Listing is warranted if, based                years). Overall, these impacts do not rise             population areas, have longer timber-
                                                     on our review of the best available                     to the level of a threat based on the                  harvest rotations, and retain more
                                                     scientific and commercial data, we find                 continued persistence of moderate- and                 structural features on the subset of that
                                                     that the stressors to the coastal DPS of                high-quality habitat following past fires,             area in matrix lands. In addition, most
                                                     the Pacific marten are so severe or broad               the continued presence of relatively                   of the Federal lands that provide
                                                     in scope as to indicate that the coastal                moist habitat conditions (overall) that                suitable habitat are in Federal Reserves,
                                                     marten is in danger of extinction                       moderate the dry conditions that                       which are managed for the maintenance
                                                     (endangered), or likely to become                       promote fire ignition and spread, and                  and recruitment of late-successional
                                                     endangered within the foreseeable                       little effect of altered structure or                  habitat characteristics beneficial for
                                                     future (threatened), throughout all or a                composition of the dominant forest                     coastal martens; suitable habitat is thus
                                                     significant portion of its range.                       types in areas that have experienced fire              expected to increase in Federal
                                                        For the purposes of this evaluation,                 suppression. Thus, we do not anticipate                Reserves. Therefore, overall potential
                                                     we are required to consider potential                   a significant reduction in suitable                    impacts from vegetation management do
                                                     impacts to coastal martens into the                     habitat for coastal martens as the result              not rise to the level of a threat.
                                                     foreseeable future. Based on the best                   of wildfire.                                              • Development has an overall low
                                                     available scientific and commercial                        • Climate change modeling predicts a                impact on the loss, degradation, or
                                                     information and to provide the                          range of potential effects on vegetation,              fragmentation of suitable coastal marten
                                                     necessary temporal context for assessing                including some that indicate conditions                habitat across the range of the DPS both
                                                     stressors to coastal martens, we                        could remain suitable for coastal                      currently and into the future, and thus
                                                     determined 15 years (i.e., 3 marten                     martens in portions of the coastal range.              does not rise to the level of a threat. If
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                                                     generations) to be the foreseeable future               The severity of potential impacts to                   development does occur, loss of suitable
                                                     for consideration of most of the stressors              coastal marten habitat will likely vary                habitat is expected to be minimal, as has
                                                     to coastal marten, as this period allows                across the range, with effects to coastal              been the trend over the past 30 years.
                                                     for analysis of multiple generations of                 martens potentially ranging from                          • Fur trapping of coastal martens has
                                                     coastal martens over a reasonable time                  negative to neutral or potentially                     no impact to the population in coastal
                                                     period, as opposed to examining further                 beneficial. Although many climate                      northern California because trapping for
                                                     into the future where assumptions or                    models generally agree about the                       martens is illegal in California. Possible
                                                     extensive uncertainty would not allow                   changes in temperature and                             illegal fur trapping in California, as well
                                                     meaningful predictions of potential                     precipitation, the consequent effects on               as rangewide potential impacts


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                                                     18768                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     associated with livetrapping for research               any significant increases in vehicular                 been limited or absent. The best
                                                     purposes or incidental trapping of                      traffic or new highways to be built in                 available data at this time indicate that
                                                     martens (when intentionally trapping                    areas where martens occur. Therefore, it               although coastal martens are likely
                                                     for other furbearer species) is not                     is reasonable to expect the impact of                  reduced in abundance or distribution
                                                     expected to result in population-level                  collisions with vehicles on coastal                    relative to their historical numbers and
                                                     impacts. Some martens could be                          martens to continue at similar levels                  range, there is no empirical evidence
                                                     trapped in Oregon where fur trapping                    into the future and not rise to the level              that any current populations of coastal
                                                     for martens is legal, although we                       of a threat.                                           marten are in decline. Thus, small or
                                                     estimate that potential impacts will not                   • Illegal and legal marijuana                       isolated population size effects do not
                                                     be significant at the population- or                    cultivation sites (and use of ARs and                  rise to the level of a threat either
                                                     rangewide level based on the best                       other pesticides) are present within or                currently or in the foreseeable future.
                                                     available trapping data for Oregon.                     near all three coastal marten                             • Potential cumulative impacts to the
                                                     Additionally, potential impacts from                    populations, although the probability of               coastal marten from all stressors
                                                     live-trapping and handling for research                 exposure varies between them. The                      combined or some of the stressors are
                                                     purposes on coastal marten populations                  degree of exposure and the effect of                   possible; however, the most likely
                                                     is discountable. Thus, impacts from fur                 such exposure on coastal martens,                      scenarios for cumulative impacts are
                                                     trapping and trapping for research                      should it occur, is unknown and thus                   likely to only occur from the following
                                                     purposes across the coastal marten’s                    far unstudied. There is significant                    three scenarios: Increased frequency or
                                                     range do not rise to the level of a threat.             uncertainty as to the severity of impact               size of wildfires associated with
                                                        • Disease has not been documented                    that this stressor may have on coastal                 potential climate changes; increased
                                                     in the past within coastal marten                       martens at the population- and                         coastal marten mortality rates from
                                                     populations. The prevalence of possible                 rangewide levels given that the best                   predation, disease, or other factors
                                                     past exposure to lethal pathogens within                available data are minimal regarding                   following a sublethal exposure to
                                                     the coastal northern California                         this stressor and coastal martens at this              toxicants; or possible increased coastal
                                                     population and the coastal Oregon                       time, and given the lack of information                marten predation rates due to decreased
                                                     populations has not been determined,                    regarding potential sublethal effects.                 shrub densities resulting from
                                                     and we have no information to suggest                   Furthermore, it is unclear how the                     vegetation management activities. Based
                                                     that disease is currently present in any                recent legalization of marijuana in                    on the best available data at this time
                                                     of the populations. At this point in time,              Oregon will affect the amount or spread                and as described above, none of these
                                                     there is a low probability that a disease               of illegal marijuana grow sites. The best              possible cumulative impacts are likely
                                                     outbreak may occur. We anticipate that                  available information does not suggest                 to occur currently or into the foreseeable
                                                     if there should be an outbreak, it would                that these potential impacts rise to the               future to such a degree that the effects
                                                     likely have a low impact on all three                   level of a threat, primarily based on the              are expected to lead to population- or
                                                     coastal marten populations combined                     available information on levels of                     rangewide-level declines. Therefore, the
                                                     since the distance between the extant                   known marten exposure to ARs and lack                  cumulative impact of these potential
                                                     populations makes it unlikely that an                   of evidence that ARs are having a                      stressors does not rise to the level of a
                                                     outbreak would spread to all three                      population-level effect.                               threat.
                                                     populations. Thus, disease does not rise                   • Small, isolated populations are                      We also evaluated existing regulatory
                                                     to the level of a threat.                               more susceptible to impacts, and                       mechanisms (Factor D) and did not
                                                        • Predation is a natural process and is              therefore, we evaluated whether coastal                determine an inadequacy of existing
                                                     generally only considered a threat if it                marten populations are small and                       regulatory mechanisms for coastal
                                                     is occurring at unnaturally high levels                 isolated such that these negative effects              marten. Specifically, we found that
                                                     that are not sustainable. The population-               are likely to be realized. At this time,               multiple Federal land use plans (e.g.,
                                                     level impact of predation within the                    evidence suggests that coastal marten                  LRMPs, NWFP) or State regulations
                                                     three coastal marten extant population                  distribution has contracted markedly in                (e.g., Oregon forest practice rules) are
                                                     areas is currently unknown, although                    California and southern Oregon since                   being implemented, often providing
                                                     the best available data from one                        the early 20th century. Although the                   broad latitude for land managers, but
                                                     evaluation of predation indicate a 33                   coastal northern California population                 with explicit sideboards for directing
                                                     percent annual predation rate for the                   abundance declined in the recent past                  management activities. We also note
                                                     coastal northern California population                  (based on survey data between 2000 and                 that significant Federal efforts have been
                                                     (Slauson et al. 2014, unpubl. data). This               2008 (Slauson et al. 2009b, p. 10)), the               developed and are being implemented
                                                     level of predation is expected to be                    population abundance since that time                   (e.g., NWFP) to abate the large-scale loss
                                                     sustainable when compared with the                      appears to have remained unchanged as                  of forested habitat-types deemed
                                                     observed annual juvenile coastal marten                 indicated by the most recent                           essential for coastal martens. Additional
                                                     survival rate of 50 percent, and thus                   preliminary abundance estimates                        efforts are also underway within the
                                                     predation alone would not likely result                 available from 2012. The abundance and                 reserve areas that constitute a majority
                                                     in a population-level impact. Therefore,                trend of coastal marten populations in                 of the Federal lands in areas occupied
                                                     based on the best available data at this                coastal Oregon is unknown, although                    by coastal martens to promote further
                                                     time, we have determined that                           recent surveys in some areas of coastal                recruitment of such habitat.
                                                     predation does not rise to the level of a               Oregon (which are not yet complete) are                   None of these impacts, as summarized
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                                                     threat given that it is a natural                       documenting the presence of martens as                 above, was found to individually or
                                                     phenomenon that appears to be                           anticipated. Although the known                        cumulatively impact the coastal DPS of
                                                     occurring at a sustainable level.                       populations are disjunct, the dispersal                Pacific marten to a degree such that
                                                        • Collisions with vehicles are rare,                 capabilities of martens and habitat                    listing is warranted at this time. Based
                                                     but they can be expected into the future.               modeling suggest the potential for                     on the analysis contained within the
                                                     Known rates of mortality due to                         interchange of individuals between the                 Species Report (Service 2015, pp. 41–
                                                     collisions with vehicles have been low                  populations. In addition, martens may                  95), we conclude that the best available
                                                     for coastal martens, and the best                       occur between or adjacent to the known                 scientific and commercial information
                                                     available information does not suggest                  populations in areas where surveys have                indicates that these stressors are not


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                             18769

                                                     singly or cumulatively causing a decline                these populations. The population size                 historical range. A listing determination,
                                                     of the DPS or its habitat currently, nor                of coastal martens in the coastal                      however, must be based on our
                                                     are the stressors likely to be significant              northern California population area is                 assessment of the current status of the
                                                     in the foreseeable future to the degree                 estimated to be fewer than 100, but is                 species—in this case, the coastal DPS of
                                                     that they would result in declines of one               no longer in decline as shown by survey                the Pacific marten—in relation to the
                                                     or more populations such that the DPS                   data available from 2000, 2008, and                    five listing factors under the Act.
                                                     would be in danger of extinction, or                    preliminary abundance estimates from                   Section 4 of the Act requires that we
                                                     likely to become so within the                          2012. The abundance and distribution                   make such a determination based solely
                                                     foreseeable future.                                     of coastal martens in coastal Oregon is                on the best scientific and commercial
                                                        We base our decision on the                          unknown, coastal northern Oregon is                    data available. To this end, we must rely
                                                     following:                                              unsurveyed, and there are no data                      on reasonable conclusions as supported
                                                        (1) Although habitat-based impacts                   available on which to estimate any trend               by the best available science to assess
                                                     may be occurring currently or in the                    in known populations in coastal central                the current and future status to
                                                     future primarily as a result of wildfire                and coastal southern Oregon. We                        determine whether the coastal marten
                                                     and vegetation management (and, to an                   presume that coastal marten                            meets the definition of an endangered or
                                                     unknown degree, the effects of climate                  populations may not be especially large                threatened species under the Act. Based
                                                     change), much of the coastal marten’s                   or expansive, given the historical                     on our review of the best available
                                                     habitat is not in especially fire-prone                 impacts of overtrapping and timber                     scientific and commercial information
                                                     forest types, and vegetation management                 harvest. However, these past threats                   pertaining to the five factors, we find
                                                     has significant impacts only on the                     have been largely ameliorated, and we                  that the stressors acting upon the coastal
                                                     relatively small area in private                        have no evidence to suggest that current               DPS of the Pacific marten are not of
                                                     ownership within its range. Significant                 stressors are resulting in any population              sufficient imminence, intensity, or
                                                     amounts of moderate- and high-                          declines, such that we would consider                  magnitude to indicate that the coastal
                                                     suitability habitat are currently available             the DPS of coastal marten to be on a                   marten is in danger of extinction now
                                                     on Federal and State lands within all                   trajectory toward extinction. We                       (endangered), or likely to become
                                                     three population areas, including                       thoroughly evaluated impacts to the                    endangered within the foreseeable
                                                     approximately 44 percent of the coastal                 DPS and its habitat with regard to the                 future (threatened), throughout all of its
                                                     central Oregon population area, 70                      five listing factors. Similar to the                   range.
                                                     percent of the coastal southern Oregon                  stressors described in (1) above for
                                                     population area, and 63 percent of the                                                                         Significant Portion of the Range
                                                                                                             potential impacts to habitat, we found
                                                     coastal northern California population.                 minimal evidence of population-level                      Under the Act and our implementing
                                                     Moderate- and high-suitability habitat in               impacts.                                               regulations, a species may warrant
                                                     the coastal central Oregon population                      We recognize a need to continue to                  listing if it is an endangered or a
                                                     area is a currently undetermined value                  monitor the coastal marten because the                 threatened species throughout all or a
                                                     greater than 44 percent because the                     populations are disjunct, which in                     significant portion of its range. The Act
                                                     habitat suitability model did not                       general makes them more susceptible to                 defines ‘‘endangered species’’ as any
                                                     account for occupied coastal dune                       stressors than species with larger, more               species which is ‘‘in danger of
                                                     habitat that exists as a narrow coastal                 well-connected populations. There has                  extinction throughout all or a significant
                                                     strip along the western boundary of that                been relatively little survey effort                   portion of its range,’’ and ‘‘threatened
                                                     population area. Overall, the existing                  throughout much of the range of the                    species’’ as any species which is ‘‘likely
                                                     moderate- and high-suitability habitat                  DPS, however. In general, the                          to become an endangered species within
                                                     includes some areas that appear to be                   interchange of only a few individuals is               the foreseeable future throughout all or
                                                     either (or both): (a) Resilient to many                 needed to maintain genetic connectivity                a significant portion of its range.’’ The
                                                     high-severity fires due to pronounced                   between populations over time. As                      term ‘‘species’’ includes ‘‘any
                                                     levels of precipitation and cool, moist                 described in this document and the                     subspecies of fish or wildlife or plants,
                                                     summer conditions that exist along the                  Species Report (Service 2015, entire),                 and any distinct population segment
                                                     coast currently and into the future; and                there are stressors that we find may be                [DPS] of any species of vertebrate fish or
                                                     (b) protected from significantly                        having some effect on coastal marten                   wildlife which interbreeds when
                                                     damaging treatments of vegetation                       populations, albeit not to the degree that             mature.’’ We published a final policy
                                                     management (i.e., State and Federal                     they currently rise to the level that                  interpreting the phrase ‘‘Significant
                                                     lands such as those being managed                       listing is warranted. We will continue to              Portion of its Range’’ (SPR) (79 FR
                                                     under the NWFP, National Park Service                   monitor the status of the DPS and                      37578; July 1, 2014). The final policy
                                                     lands, and lands managed by the Oregon                  evaluate any other information we                      states that (1) if a species is found to be
                                                     and California Department of Parks and                  receive. Additional information will                   an endangered or a threatened species
                                                     Recreation), including 77 percent of the                continue to be accepted on all aspects                 throughout a significant portion of its
                                                     moderate- and high-suitability habitat in               of the DPS. If at any time data indicate               range, the entire species is listed as an
                                                     the coastal central Oregon population                   that protective status under the Act                   endangered or a threatened species,
                                                     area, 90 percent of the moderate- and                   should be provided or if there are new                 respectively, and the Act’s protections
                                                     high-suitability habitat in the coastal                 threats or increasing stressors that rise              apply to all individuals of the species
                                                     southern Oregon population area, and                    to the level of a threat, we can initiate              wherever found; (2) a portion of the
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                                                     78 percent of the moderate- and high-                   listing procedures, including, if                      range of a species is ‘‘significant’’ if the
                                                     suitability habitat in the coastal                      appropriate, emergency listing pursuant                species is not currently an endangered
                                                     northern California population area.                    to section 4(b)(7) of the Act.                         or a threatened species throughout all of
                                                        (2) Coastal marten populations                          In conclusion, we acknowledge that                  its range, but the portion’s contribution
                                                     throughout their range have likely                      the coastal marten population in                       to the viability of the species is so
                                                     experienced declines or significant                     California may be reduced in size                      important that, without the members in
                                                     impacts in the past (i.e., harvesting and               relative to its historical abundance, and              that portion, the species would be in
                                                     trapping for fur), which undoubtedly                    that coastal martens may be reduced in                 danger of extinction, or likely to become
                                                     influenced the current distribution of                  distribution as compared to their                      so in the foreseeable future, throughout


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                                                     18770                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     all of its range; (3) the range of a species            way. If the threats to the species are                 geographically concentrated in some
                                                     is considered to be the general                         affecting it uniformly throughout its                  portion of the range of the DPS. In the
                                                     geographical area within which that                     range, no portion is likely to warrant                 Summary of Information Pertaining to
                                                     species can be found at the time the                    further consideration. Moreover, if any                the Five Factors analysis above, we
                                                     Service or NMFS makes any particular                    concentration of threats apply only to                 identified the most likely potential
                                                     status determination; and (4) if a                      portions of the range that clearly do not              differences associated with fur trapping
                                                     vertebrate species is an endangered or a                meet the biologically based definition of              in Oregon, wildfire, climate change,
                                                     threatened species throughout an SPR,                   ‘‘significant’’ (i.e., the loss of that                development and vegetation
                                                     and the population in that significant                  portion clearly would not be expected to               management (timber harvesting), and
                                                     portion is a valid DPS, we will list the                increase the vulnerability to extinction               toxicant exposure.
                                                     DPS rather than the entire taxonomic                    of the entire species), those portions                    (1) Fur trapping is legal in Oregon,
                                                     species or subspecies.                                  will not warrant further consideration.                and thus the two Oregon populations
                                                        The SPR Policy is applied to all status                 If we identify any portions that may                may be affected by this activity.
                                                     determinations, including analyses for                  be both (1) significant and (2)                        Population-level impacts of legal coastal
                                                     the purposes of making listing,                         endangered or threatened, we engage in                 marten fur trapping within the two
                                                     delisting, and reclassification                         a more detailed analysis to determine                  Oregon extant population areas have not
                                                     determinations. The procedure for                       whether these standards are indeed met.                been studied, as the impact of trapping
                                                     analyzing whether any portion is an                     The identification of an SPR does not                  on a marten population requires an
                                                     SPR is similar, regardless of the type of               create a presumption, prejudgment, or                  estimate of population abundance,
                                                     status determination we are making.                     other determination as to whether the                  which is currently unavailable for both
                                                     The first step in our analysis of the                   species in that identified SPR is an                   extant population areas in coastal
                                                     status of a species (‘‘species’’ under the              endangered or a threatened species. We                 Oregon. Based on the very few
                                                     Act refers to any listable entity,                      must go through a separate analysis to                 individuals removed from this
                                                     including species, subspecies, or DPS) is               determine whether the species is an                    population over time (36 individuals
                                                     to determine its status throughout all of               endangered or a threatened species in                  harvested from trapping over a 26-year
                                                     its range. If we determine that the                     the SPR. To determine whether a                        period, between 1969 and 1995—on
                                                     species is in danger of extinction, or                  species is an endangered or a threatened               average fewer than 2 per year), the best
                                                     likely to become so in the foreseeable                  species throughout an SPR, we will use                 available data indicate that fur trapping
                                                     future, throughout all of its range, we                 the same standards and methodology                     is unlikely to result in population-level
                                                     list the species as an endangered (or                   that we use to determine if a species is               impacts.
                                                     threatened) species and no SPR analysis                 an endangered or a threatened species                     Fur trapping of martens is illegal in
                                                     is required. If the species is neither an               throughout its range.                                  California but legal for other furbearer
                                                     endangered nor a threatened species                        Depending on the biology of the                     species. We expect that nearly all
                                                     throughout all of its range, we                         species, its range, and the threats it                 coastal martens that are accidentally
                                                     determine whether the species is an                     faces, it may be more efficient to address             captured in box traps set for other
                                                     endangered or a threatened species                      the ‘‘significant’’ question first, or the             furbearer species (or that are live-
                                                     throughout a significant portion of its                 status question first. Thus, if we                     trapped for research purposes) are
                                                     range. If it is, we list the species as an              determine that a portion of the range is               released unharmed. Although illegal fur
                                                     endangered or a threatened species,                     not ‘‘significant,’’ we do not need to                 trapping specifically for martens is also
                                                     respectively; if it is not, we conclude                 determine whether the species is an                    a possibility in California, the best
                                                     that listing the species is not warranted.              endangered or a threatened species                     available data at this time do not
                                                        When we conduct an SPR analysis,                     there; if we determine that the species                indicate that illegal fur trapping or
                                                     we first identify any portions of the                   is not an endangered or a threatened                   incidental legal live-trapping for coastal
                                                     species’ range that warrant further                     species in a portion of its range, we do               martens for research purposes is
                                                     consideration. The range of a species                   not need to determine if that portion is               resulting in population-level impacts.
                                                     can theoretically be divided into                       ‘‘significant.’’                                       Overall, we do not find that the
                                                     portions in an infinite number of ways.                    We consider the historical range of                 potential impacts from fur trapping
                                                     However, there is no purpose to                         the coastal marten to include coastal                  (illegal or legal) and live-trapping for
                                                     analyzing portions of the range that are                Oregon from the Columbia River                         research purposes are geographically
                                                     not reasonably likely to be significant                 (Clatsop and Columbia counties) south                  concentrated in any one portion of the
                                                     and either endangered or threatened. To                 into northern Sonoma County,                           range of the DPS.
                                                     identify only those portions that warrant               California, including suitable habitat                    (2) The potential impacts from
                                                     further consideration, we determine                     from the coast eastward to an elevation                wildfire are slightly greater within the
                                                     whether there is substantial information                of 1,524 m (5,000 ft). This range                      coastal southern Oregon and coastal
                                                     indicating that (1) the portions may be                 encompasses the coastal central Oregon                 northern California populations as
                                                     significant, and (2) the species may be                 extant population area, the coastal                    compared to the coastal central Oregon
                                                     in danger of extinction in those portions               southern Oregon extant population area,                population when considering historical
                                                     or likely to become so within the                       the coastal northern California extant                 (between 1984 and 2012) wildfire
                                                     foreseeable future. We emphasize that                   population area, and the intervening                   incidents and the likelihood that into
                                                     answering these questions in the                        habitat. Based on the best available                   the foreseeable future (approximately 30
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                                                     affirmative is not a determination that                 information at this time, these                        years), the frequency, intensity, and
                                                     the species is an endangered or a                       populations account for the current                    severity of wildfires are expected to be
                                                     threatened species throughout a                         distribution of the DPS.                               similar to the recent past. However,
                                                     significant portion of its range—rather,                   In considering any significant portion              these wildfires in coastal southern
                                                     it is a step in determining whether a                   of the coastal marten’s range, we                      Oregon and coastal northern California
                                                     more detailed analysis of the issue is                  considered whether the stressors facing                have burned at varying levels of severity
                                                     required. In practice, a key part of this               the coastal marten might be different at               and have thus only partially impacted
                                                     analysis is whether the threats are                     three locations where the coastal                      (i.e., not completely removed) suitable
                                                     geographically concentrated in some                     martens have been found and, thus,                     habitat and the adjacent, intervening


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                                                                               Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                            18771

                                                     suitable habitat that the coastal marten                such effects, and the likelihood that                  occur, these types of projects are
                                                     would need to rely on during post-fire                  suitable habitat for coastal martens will              designed to ultimately increase the
                                                     habitat recovery periods. Surveys of                    remain available into the foreseeable                  overall amount, distribution, and patch
                                                     these areas (including the drier, inland,               future throughout the entire range of the              size of suitable coastal marten habitat.
                                                     xeric areas) post-burn indicate that                    DPS despite potential climate change                      (5) Potential exposure of coastal
                                                     low-, moderate-, and high-suitability                   impacts.                                               martens to toxicants as a result of illegal
                                                     habitat remain within and adjacent to                      (4) Both development (e.g., road                    marijuana cultivation sites is likely to
                                                     these past wildfire perimeters.                         building, dam construction and creation                continue on some lands within the
                                                     Therefore, although future wildfires are                of new reservoirs, conversion of forest                coastal marten’s range. This type of
                                                     expected to occur similarly to those                    habitat for agricultural use,                          activity could potentially occur in those
                                                     documented in the past 30 years                         development and expansion of                           areas where marijuana grow sites are
                                                     throughout the coastal marten’s range                   recreational areas) and vegetation                     located (which currently is known to be
                                                     (i.e., among all three extant population                management (e.g., timber harvest,                      a fraction of the coastal marten’s range).
                                                     areas), and given the potential for                     thinning, fuels reduction) are expected                Based on the presence of suitable
                                                     increased temperatures and decreased                    to continue on some private lands                      climate conditions for marijuana
                                                     precipitation over the next 50 years (see               throughout the range of the coastal                    cultivation and data that indicate a
                                                     ‘‘Climate Change’’ under Factor A,                      marten. These activities potentially may               greater concentration of recently
                                                     above) throughout its entire range, we                  occur to a greater extent in the coastal               eradicated cultivation sites within or
                                                     do not anticipate a concentration of                    central Oregon population area as                      near the coastal northern California
                                                     threats in any one portion of the DPS’                  compared to the coastal southern                       population area, these activities may
                                                     range due to:                                           Oregon and coastal northern California                 possibly occur to a greater extent in the
                                                        (a) The coastal marten’s range                       population areas due to the greater                    coastal northern California population
                                                     continuing to occur within a (generally)                percentage of moderate- and high-                      area as compared to the coastal Oregon
                                                     fog-influenced coastal zone, and thus                   suitability marten habitat in private                  population areas. Of note is that
                                                     the continued widespread presence of                    ownership in the coastal central Oregon                incidence of toxicant exposure and the
                                                     persistent, moist conditions year-round                 population area (i.e., 23 percent as                   potential population-level effects to
                                                     (including Pacific storms in the winter                 opposed to 10 percent and 11 percent,                  coastal marten are largely unknown, and
                                                     and cloud cover or coastal fog in the                   respectively). However, the best                       there is significant uncertainty as to the
                                                     summer) that likely result in lower                     available data do not indicate that either             severity of impact (both lethal and
                                                     severity wildfires than what would                      potential development activities or                    sublethal) that this stressor may have at
                                                     occur in areas without the a moist,                     vegetation management in one or more                   the population- and rangewide levels on
                                                     coastal influence; and                                  of these population areas will occur at                coastal marten, especially given the
                                                        (b) The anticipated widespread                       a level greater than any other (i.e., the              recent legalization of marijuana in
                                                     presence of varying levels of suitable                  potential impacts are uniformly                        Oregon (note that marijuana is not legal
                                                     habitat post-fire throughout the coastal                distributed throughout the DPS’s range).               in California). The best available data
                                                     marten’s range, as demonstrated by                      Additionally, the best available data do               indicate broad use of ARs at illegal
                                                     post-burn surveys.                                      not indicate that any new development                  marijuana cultivation sites, as well as
                                                        (3) The potential impacts from climate               or vegetation management activities                    continued use of ARs at legal grow sites,
                                                     change are slightly greater within the                  (i.e., those that would remove currently               both of which are found within the
                                                     coastal southern Oregon and coastal                     suitable habitat) would occur into the                 range of the DPS, but the degree of
                                                     northern California populations, which                  foreseeable future to such a degree that               exposure that may result for coastal
                                                     models indicate could result in a                       population-level impacts are likely. We                martens is unknown. To date, only one
                                                     warmer and drier climate into the                       have made this conclusion primarily                    record of a positive exposure exists
                                                     foreseeable future (40 to 50 years) as                  based on the extensive amount of                       within the range of the coastal marten
                                                     compared to the coastal central Oregon                  Federal lands both within and adjacent                 that demonstrates exposure to ARs.
                                                     population. Nearly all models that                      to all three populations where overall                 Therefore, at this time, the best available
                                                     encompass the landscape containing                      beneficial vegetation management (such                 data do not indicate that the coastal
                                                     these two population areas show shifts                  as that outlined in the NWFP) would                    marten’s exposure to ARs will occur at
                                                     in vegetation type to habitat that may be               occur, thus providing an overall                       a level greater than any other in any one
                                                     considered less favorable for coastal                   conservation benefit to coastal marten                 portion of the range of the DPS.
                                                     martens. However, most models project                   rangewide.                                                In summary, our evaluation of the
                                                     these shifts in vegetation type over time                  Some vegetation management                          best available information indicates that
                                                     by the end of the century, and the                      activities may also occur throughout the               the overall level of stressors is not
                                                     models predict these same potential                     coastal marten’s range that may result in              geographically concentrated in one
                                                     vegetation shifts in coastal central and                short-term impacts to coastal marten                   portion of the coastal marten’s range,
                                                     northern Oregon. Additionally, even if                  (such as thinning, fuels reduction                     and that the stressors that have the
                                                     vegetation shifts occur, suitable habitat               projects, and habitat restoration), but                potential to impact coastal martens are
                                                     for coastal martens is expected to                      eventually result in long-term benefits                relatively consistent across its range
                                                     remain in portions of the coastal                       to coastal martens and their habitat. In               (Service 2015, entire). Therefore, it is
                                                     southern Oregon and coastal northern                    these cases, the long-term benefits likely             our conclusion, based on our evaluation
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                                                     California population areas, to which                   outweigh the potential short-term,                     of the current potential threats to the
                                                     coastal martens could migrate (see                      localized impacts by improving habitat                 coastal marten (see Summary of
                                                     Climate Change, above). Overall, we do                  suitability for the coastal marten in the              Information Pertaining to the Five
                                                     not anticipate a geographic                             long-term through: (a) Minimizing loss                 Factors section of this finding and the
                                                     concentration of threats in any one                     of late-successional stands due to                     ‘‘Stressors on Coastal Marten
                                                     portion of the DPS’ range given the                     wildfires, and (b) accelerating the                    Populations and Habitat’’ section of the
                                                     variety of potential effects from climate               development of late-seral                              Species Report (Service 2015, pp. 41–
                                                     change, the high level of uncertainty                   characteristics. Although short-term                   95)), that no portion of the range of the
                                                     regarding the nature and timing of any                  degradation of suitable habitat could                  coastal DPS of Pacific marten warrants


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                                                     18772                     Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                     further consideration of possible                       threats to, the coastal marten to our                  Authors
                                                     endangered or threatened status under                   Arcata Fish and Wildlife Office (see                     The primary authors of this document
                                                     the Act.                                                ADDRESSES) whenever it becomes                         are the staff members of the Pacific
                                                        Our review of the best available                     available. New information will help us                Southwest Regional Office.
                                                     scientific and commercial information                   monitor coastal martens and encourage
                                                     indicates that the coastal marten is not                their conservation. If an emergency                    Authority
                                                     in danger of extinction (endangered) nor                situation develops for the coastal                       The authority for this section is
                                                     likely to become endangered within the                  marten, we will act to provide                         section 4 of the Endangered Species Act
                                                     foreseeable future (threatened),                        immediate protection.                                  of 1973, as amended (16 U.S.C. 1531 et
                                                     throughout all or a significant portion of                                                                     seq.).
                                                     its range. Therefore, we find that listing              References Cited
                                                     the coastal DPS of the Pacific marten as                                                                         Dated: March 30, 2015.
                                                     an endangered or threatened species                       A complete list of references cited is               Robert Dreher,
                                                     under the Act is not warranted at this                  available on the Internet at http://                   Acting Director, U.S. Fish and Wildlife
                                                     time.                                                   www.regulations.gov and upon request                   Service.
                                                        We request that you submit any new                   from the Arcata Fish and Wildlife Office               [FR Doc. 2015–07766 Filed 4–6–15; 8:45 am]
                                                     information concerning the status of, or                (see ADDRESSES).                                       BILLING CODE 4310–55–P
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Document Created: 2018-02-21 10:05:16
Document Modified: 2018-02-21 10:05:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of 12-month petition finding.
DatesThe finding announced in this document was made on April 7, 2015.
ContactBruce Bingham, Field Supervisor, U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office (see
FR Citation80 FR 18742 

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