Comment on FR Doc # 2012-00479

One impact not mentioned in either the proposed rule or the petition that gave rise to it is the conflict between the Humboldt marten and the Pacific Fisher, another type of weasel living in Redwood forests. While the Humboldt marten depends on the depleted old-growth forests to provide its habitat, the Pacific Fisher is, according to the Save the Redwoods League, very much dependent on second-growth forests. In fact, the Pacific Fisher apparently only became well-distributed across Northern California when the old-growth forests started to recede significantly. The Fisher’s habitat expanded as the marten’s habitat shrunk. Reshaping second-growth forests to mimic old-growth forests [one proposal cited in the petition and considered in the rule] and connecting old-growth forests together necessarily infringes on the habitat of Pacific Fishers – potentially isolating them and reducing their own numbers. Though Fishers are well-distributed today, their interests and habitat should be considered in the rulemaking process. However, neither the rule nor section 3 of the Endangered Species Act of 1973 seem to explicitly include this consideration – or the consideration of other species more broadly – in the criteria for making a determination about martens.