98-17151. Endangered and Threatened Wildlife and Plants; Notice of 12-Month Finding on a Petition To List the Northern Goshawk in the Contiguous United States West of the 100th Meridian  

  • [Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
    [Proposed Rules]
    [Pages 35183-35184]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-17151]
    
    
    
    [[Page 35183]]
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 17
    
    
    Endangered and Threatened Wildlife and Plants; Notice of 12-Month 
    Finding on a Petition To List the Northern Goshawk in the Contiguous 
    United States West of the 100th Meridian
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Notice of 12-month petition finding.
    
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    SUMMARY: The Fish and Wildlife Service (Service) announces a 12-month 
    finding on a petition to list the northern goshawk (Accipiter gentilis) 
    in the contiguous United States west of the 100th meridian under the 
    Endangered Species Act, as amended (Act). After review of all available 
    scientific and commercial information, the Service finds that listing 
    this population as endangered or threatened is not warranted.
    
    DATES: The finding announced in this document was made on June 22, 
    1998.
    
    ADDRESSES: Data, information, comments or questions concerning this 
    petition should be sent to Mr. David Wesley, Assistant Regional 
    Director, Region 1, U.S. Fish and Wildlife Service, 911 N.E. 11th 
    Avenue, Portland, Oregon 97232-4181, ATTN: Office of Technical Support. 
    The petition, finding, supporting data and comments will be available 
    for public inspection by appointment, during normal business hours at 
    the following address: U.S. Fish and Wildlife Service, Office of 
    Technical Support for Forest Resources, 333 S.W. 1st Avenue, 4th Floor, 
    Portland, Oregon 97204, (503/808-2565).
    
    FOR FURTHER INFORMATION CONTACT: Mr. David Wesley, Assistant Regional 
    Director, Region 1, U.S. Fish and Wildlife Service, 911 N.E. 11th 
    Avenue, Portland, Oregon 97232-4181 (503/231-6159); or Monty Knudsen, 
    Office of Technical Support for Forest Resources, 333 S.W. 1st Avenue, 
    Portland, Oregon 97204, (503/808-2565).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Section 4 of the Act (16 U.S.C. 1533) requires that the Service 
    make a finding on whether a petition to list, delist or reclassify a 
    species presents substantial scientific or commercial information to 
    indicate that the petitioned action may be warranted. To the maximum 
    extent practicable, this finding is to be made within 90 days of the 
    receipt of the petition (90-day finding), and notice of the finding is 
    to be published promptly in the Federal Register. If a finding is made 
    that substantial information was presented, the Service is required to 
    promptly commence a status review of the species involved and determine 
    whether the petitioned action is warranted, not warranted or warranted 
    but precluded by other higher priority listing actions.
        On September 29, 1997, the Service announced a 90-day finding (62 
    FR 50892) for a petition to list the northern goshawk in the contiguous 
    United States west of the 100th meridian under the Endangered Species 
    Act of 1973, as amended. In that finding, the Service found that the 
    petition presented substantial information indicating that the listing 
    of the northern goshawk as a threatened or endangered species in the 
    contiguous United States west of the 100th meridian may be warranted. 
    At that time, the Service initiated a status review for this population 
    of the northern goshawk and announced that a 12-month finding will be 
    prepared at the conclusion of the review.
        The northern goshawk (Accipiter gentilis) occurs in temperate and 
    boreal forests of North America, Europe and Asia. In North America, the 
    northern goshawk breeds from western and central Alaska, northern 
    Yukon, eastern and southern Mackenzie, southern Keewatin, northeastern 
    Manitoba, northern Ontario, central and northeastern Quebec, Labrador, 
    and Newfoundland south to southern Alaska, central California, southern 
    Nevada, southeastern Arizona, southern New Mexico, the eastern 
    foothills of the Rockies and the Black Hills, central Alberta, central 
    Saskatchewan, southern Manitoba, northern Minnesota, central Michigan, 
    Pennsylvania, central New York, northwestern Connecticut, and locally 
    south in the montane habitats at least to West Virginia and possibly to 
    eastern Tennessee and western North Carolina (Squires in prep). This 
    notice pertains to the northern goshawk that occurs in the contiguous 
    United States west of the 100th meridian.
        In North America, the winter range of goshawks includes all of the 
    breeding range, and extends south as far as southern California, 
    northern Mexico and Texas, and occasionally to northern portions of the 
    Gulf States, rarely including Florida (Squires in prep).
        Two groups of the northern goshawk are recognized worldwide: the 
    palearctic gentilis group and the nearctic atricapillus group. The 
    latter occurs in North America and consists of A.g. atricapillus 
    (Wilson 1812, type locality Philadelphia, Pennsylvania). The 
    atricapillus group occurs over much of Alaska, Canada, and the 
    mountains of the western and eastern United States. In addition to A.g. 
    atricapillus, at least two other subspecies are currently, but 
    variously, accepted--A.g. laingi (Taverner 1940, type locality Queen 
    Charlotte Islands, British Columbia), which occurs on islands off the 
    Canadian Pacific coast, and A.g. apache van Rossem (van Rossem 1938, 
    type locality Chiricahua Mountains, Arizona), which occurs in the 
    mountains. A.g. laingi is the subject of a separate petition action and 
    is not further addressed in this notice.
        Recognition of the apache subspecies in the American southwest is a 
    subject of current debate. It is recognized by a number of scientists, 
    but not by the American Ornithologists' Union. The U.S. Fish and 
    Wildlife Service acknowledged the existence of apache as a subspecies 
    in its 1992 administrative finding relative to the petition to list the 
    northern goshawk. However, the Service now considers the issue of 
    recognition of apache as a legitimate subspecies to be unresolved, and 
    does not consider it a separate subspecies for purposes of this notice.
        Information reviewed by the Service indicates that data regarding 
    goshawk population trends is limited (Squires and Reynolds 1997), and 
    migration or Christmas bird counts are difficult to interpret because 
    of low numbers observed, biases inherent in the methodology, and 
    irruptive migrations (Titus and Fuller 1990). However, Kennedy (1997) 
    conducted a comprehensive review of available, peer-reviewed research, 
    and found no evidence of a decline in goshawks in North America based 
    on its range, demographics (density, fecundity, and survival) and 
    population trends. Based on a variety of information from across North 
    America, Kennedy concluded that there is no strong evidence to indicate 
    that goshawk populations are declining, increasing or stable. She 
    emphasizes two possible conclusions based on her analysis: 1) either 
    the goshawk is not declining or 2) current sampling techniques are 
    insufficient to detect population trends. Based on the best available 
    information gathered for the Service's Status Review, the Service did 
    not find evidence of a declining population trend for goshawks. The 
    Service found that approximately 75 percent of the reported territories 
    analyzed for its status review were discovered within the past 10 
    years. In those areas where intensive survey and monitoring efforts 
    have been implemented, goshawks generally are found. The available data 
    indicate that
    
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    goshawks remain widely distributed throughout their historic range in 
    the western United States.
        The habitat information gathered and reviewed by the Service 
    indicates that changes have occurred in the distribution, amount and 
    structural characteristics of mature forests throughout much of the 
    western United States. In general, the primary change has been 
    reduction of mature forest cover by logging, although other factors 
    such as fire suppression and catastrophic fire have also been 
    implicated. However, the extent to which goshawk populations are 
    correlated with amounts of mature forest cover is unknown. Recent 
    survey efforts continue to result in discovery of goshawks, even in 
    areas of historic logging activity, which indicates that the species 
    may not be uncommon, but rather is difficult to locate and adequately 
    survey. The Service found no evidence that goshawk habitat is limiting 
    the population, or that a significant curtailment of the species' 
    habitat or range is occurring.
        The information presented in the petition relies largely on the 
    contention that the northern goshawk is dependent on large, unbroken 
    tracts of ``old-growth'' and mature forest. However, the Service has 
    found no evidence to support this claim. The Service found that while 
    the goshawk typically does use mature forest or larger trees for 
    nesting habitat, it appears to be a forest habitat generalist in terms 
    of the types and ages of forests it will use to meet its life history 
    requirements. Goshawks can use small patches of mature habitat to meet 
    their nesting requirements within a mosaic of habitats of different age 
    classes; a key factor appears to be availability of prey.
        While timber management has been demonstrated to affect goshawks at 
    least at local levels (Reynolds 1989, Crocker-Bedford 1990, Bright-
    Smith and Mannon 1994, Woodbridge and Detrich 1994, Beier and Drennan 
    1997, Desimone 1997), forest management practices, such as the use of 
    controlled fire and selective thinning, also may make habitats more 
    suitable to goshawks by opening up dense understory vegetation, 
    creating snags, down logs, and woody debris, and creating other 
    conditions conducive to goshawks and their prey (Reynolds et al. 1992, 
    Graham et al. 1997).
        Throughout much of the western United States, the nature and rate 
    of decline in mature forest habitats on Federal lands has slowed 
    significantly during the past decade. The Service estimates that 80 
    percent of goshawk habitat occurs on Federal forest lands. Public 
    debate over management of Federal forest resources has resulted in 
    regional forest management strategies, many of which focus on retention 
    and restoration of mature forest habitats. These changes are reflected 
    in declines of timber volume sold from National Forest lands in many 
    western states. Although mature forest habitat continues to be 
    harvested, the Service finds that, in general, habitat conditions on 
    Federal lands are no longer declining as in previous decades, and are 
    improving in many areas throughout the west.
        In conclusion, the Service finds that while forest management 
    (e.g., timber harvest and fire exclusion) has changed the vegetation 
    characteristics throughout much of the western United States, the 
    goshawk continues to be well-distributed throughout its historic range. 
    The Service finds no evidence that the goshawk population is declining 
    in the western United States, that habitat is limiting the overall 
    population, that there are any significant areas of extirpation, or 
    that a significant curtailment of the species' habitat or range is 
    occurring. The petition relies largely on the contention that the 
    goshawk is dependent on large, unbroken tracts of old-growth and mature 
    forest in its assertion that the species is in danger of extinction. 
    However, neither the petition nor other information available to the 
    Service supports this claim. The Service found that while goshawks 
    frequently use stands of old-growth and mature forest for nesting, 
    overall the species appears to be a forest habitat generalist in terms 
    of the variety and age-classes of forest types it uses to meet its life 
    history requirements. Therefore, the Service finds that listing the 
    northern goshawk in the contiguous United States west of the 100th 
    meridian as threatened or endangered is not warranted because the best 
    available information does not indicate that it is in danger of 
    extinction or likely to become so in the foreseeable future.
    
    References
    
        A complete list of references used in preparation of this finding 
    is available upon request from the U.S. Fish and Wildlife Service, 
    Office of Technical Support (see ADDRESSES section).
    
    Author
    
        The primary author of this document is Catrina Martin, U.S. Fish 
    and Wildlife Service, Office of Technical Support (see ADDRESSES 
    section).
    
    Authority
    
        16 U.S.C. 1381-1487l; 16 U.S.C. 4201-4245; Pub L. 99-625, 100 Stat. 
    3500; unless otherwise noted.
    
        Dated: June 22, 1998.
    Jamie Rappaport Clark,
    Director, U.S. Fish and Wildlife Service.
    [FR Doc. 98-17151 Filed 6-26-98; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
06/29/1998
Department:
Fish and Wildlife Service
Entry Type:
Proposed Rule
Action:
Notice of 12-month petition finding.
Document Number:
98-17151
Dates:
The finding announced in this document was made on June 22, 1998.
Pages:
35183-35184 (2 pages)
PDF File:
98-17151.pdf
CFR: (1)
50 CFR 17