Endangered and Threatened Wildlife and Plants; Notice of Status Reviews for the Alexander Archipelago Wolf and the Queen Charlotte Goshawk

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Notice of Status

Reviews for the Alexander Archipelago Wolf and the Queen Charlotte

Goshawk

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of status reviews; reopening of comment period.

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SUMMARY: The Fish and Wildlife Service (Service) provides notice that

the comment period is reopened on the rangewide status reviews for the

Alexander Archipelago wolf (Canis lupis ligoni) and the Queen Charlotte

goshawk (Accipiter gentilis laingi) under the Endangered Species Act of

1973, as amended. The Service solicits any information, data, comments,

and suggestions from the public, other government agencies, the

scientific community, industry, or other interested parties concerning

the status of these species.

Dates: Comments and data from all interested parties must be received

by July 28, 1997 to be included in the findings.

ADDRESSES: Data, information, comments, or questions concerning these

status reviews should be sent to Field Supervisor, U.S. Fish and

Wildlife Service, Ecological Services Field Office, 3000 Vintage Blvd.,

Suite 201, Juneau, Alaska 99801-7100.

FOR FURTHER INFORMATION CONTACT: John Lindell, at the above address, or

by calling 907/586-7240.

SUPPLEMENTARY INFORMATION:

Background

Alexander Archipelago Wolf

On December 17, 1993, the Service received a petition to list the

Alexander Archipelago wolf as threatened under the Act, from the

Biodiversity Legal Foundation, Eric Holle, and Martin Berghoffen. On

May 20, 1994, the Service announced a 90-day finding (59 FR 26476) that

the petition presented substantial information indicating that the

requested action may be warranted, and opened a public comment period

until October 1, 1994 (59 FR 26476 and 59 FR 44122). The Service issued

its 12-month finding that listing the Alexander Archipelago wolf was

not warranted on February 23, 1995 (60 FR 10056).

On February 7, 1996, the Southwest Center for Biological Diversity,

Biodiversity Legal Foundation, Save the West, Save America's Forests,

Native Forest Network, Native Forest Council, Eric Holle, Martin

Berghoffen, and Don Muller filed suit in the United States Court for

the District of Columbia challenging the Service's not warranted

finding. The complaint stated that the Service had based its not

warranted finding on proposed changes to the USDA Forest Service's

Tongass Land Management Plan, although there was no commitment that

those proposed changes would be adopted in the final version. On

October 9, 1996, the United States District Court remanded the 12-month

finding to the Secretary of Interior, instructing him to reconsider the

determination ``on the basis of the current forest plan, and status of

the wolf and its habitat, as they stand today''' (96 CV 00227 DDC).

Accordingly, a public comment period was opened on December 5, 1996

(61 FR 64497) to gather all new information for review. It was extended

until April 4, 1997 through three subsequent notices (61 FR 69065; 62

FR 6930; and 62 FR 14662). The Service has reevaluated the petition and

the literature cited in the petition, reviewed the Tongass Land

Management Plan and other available literature and

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information, and consulted with biologists and researchers

knowledgeable of gray wolves in general, and the Alexander Archipelago

wolf in particular. The 1979 Tongass National Forest Land Management

Plan, as amended, formed the basis for evaluating the status of the

wolf on the Tongass National Forest. On May 23, 1997, the USDA Forest

Service issued a revised Tongass Land Management Plan. Consequently,

the review of the 1979 Tongass Land Management Plan no longer

represented the ``current'' plan as specified by the Court ruling. The

Fish and Wildlife Service was, therefore, granted an 90-day extension

in order to reevaluate the status of the wolf under the provisions of

the 1997 Tongass Land Management Plan.

Queen Charlotte Goshawk

On May 9, 1994, the Fish and Wildlife Service received a petition

dated May 2, 1994, from the Southwest Center for Biological Diversity,

Greater Gila Biodiversity Project, Biodiversity Legal Foundation,

Greater Ecosystem Alliance, Save the West, Save America's Forests,

Native Forest Network, Native Forest Council, Eric Holle, and Don

Muller, to list the Queen Charlotte goshawk as endangered pursuant to

the Endangered Species Act. The petition was based largely upon the

present and impending impacts to the Queen Charlotte goshawk caused by

timber harvest in the Tongass National Forest. On August 26, 1994, the

Service published a positive 90-day finding (59 FR 44124) that

substantial information was presented in the petition indicating that

the requested action may be warranted.

In accordance with the Service's listing petition procedures, the

positive 90-day finding initiated a more thorough 12-month evaluation,

and based on this evaluation the Service determined on May 19, 1995,

that listing was not warranted. Notice of this finding was published on

June 29, 1995 (60 FR 33784). In the 12-month finding, the Service

acknowledged that continued large-scale removal of old-growth forest in

the Tongass National Forest would result in significant adverse effects

on the Queen Charlotte goshawk in southeast Alaska; however, at that

time the Forest Service was revising land use strategies to ensure

goshawk habitat conservation. The Service believed that the proposed

actions to protect goshawks would preclude the need for listing.

On November 17, 1995, the Southwest Center for Biological

Diversity, Biodiversity Legal Foundation, Save the West, Save America's

Forests, Native Forest Network, Native Forest Council, Eric Holle, and

Don Muller filed a complaint in United States District Court, District

of Columbia, against the Department of the Interior and the Service for

their refusal to list the Queen Charlotte goshawk or designate critical

habitat. The concern was that the Service based its not warranted

finding on proposed changes to the Forest Service's Tongass Land

Management Plan, although there was no commitment that those proposed

changes would be adopted in the final version. On September 25, 1996,

the United States District Court remanded the 12-month finding to the

Secretary of Interior, instructing him to reconsider the determination

``on the basis of the current forest plan, and status of the goshawk

and its habitat, as they stand today'' (95 CV 02138 DDC).

Accordingly, a public comment period was opened on December 5, 1996

(61 FR 64497) to gather all new information for review. It was extended

until April 4, 1997 through three subsequent notices (61 FR 69065; 62

FR 6930; and 62 FR 14662). The Service has reevaluated the petition and

the literature cited in the petition, reviewed the Tongass Land

Management Plan and other available literature and information, and

consulted with biologists and researchers knowledgeable of northern

goshawks in general, and the Queen Charlotte goshawk in particular. The

1979 Tongass National Forest Land Management Plan, as amended, formed

the basis for evaluating the status of the goshawk on the Tongass

National Forest. On May 23, 1997, the USDA Forest Service issued a

revised Tongass Land Management Plan. Consequently, the review of the

1979 Tongass Land Management Plan therefore, no longer represented the

``current'' plan as specified by the Court ruling. The Fish and

Wildlife Service was, therefore, granted an 90-day extension in order

to reevaluate the status of the goshawk under the provisions of the

1997 Tongass Land Management Plan.

Comments Requested

Separate findings based on the status reviews will be issued for

the Alexander Archipelago wolf and the Queen Charlotte goshawk by

August 31, 1997. In order to complete these status reviews, the Service

is requesting any information, data, comments, and suggestions from the

public, other concerned government agencies, the scientific community,

industry, or other interested parties concerning the status of these

species. In regard to the 1997 Tongass Land Management Plan, the

Service is only interested in comments on the effects of the 1997

Tongass Land Management Plan on Alexander Archipelago wolves and Queen

Charlotte goshawks.

For information on the 1997 Tongass Land Management Plan and Record

of Decision, contact Pamela Finney, by telephone at 907/586-8726, or by

writing the USDA Forest Service, 8465 Old Dairy Road, Juneau, Alaska,

99801. Any general comments on the Tongass Land Management Plan may be

submitted to the Forest Service at that address.

Authority

The authority for this section is the Endangered Species Act (16

U.S.C. 1531 et seq.).

Dated: June 6, 1997.

David B. Allen,

Regional Director, Region 7, Fish and Wildlife Service.

[FR Doc. 97-15388 Filed 6-11-97; 8:45 am]

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