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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules
by the species at the time of listing, we consider the physical or biological features that are essential to the conservation of the species and that may require special management considerations or protection. The regulations at 50 CFR 424.02 define physical or biological features essential to the conservation of the species as the features that occur in specific areas and that are essential to support the lifehistory needs of the species, including, but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic or a more complex combination of habitat characteristics.
Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity. For example, physical features essential to the conservation of the species might include gravel of a particular size required for spawning, alkali soil for seed germination, protective cover for migration, or susceptibility to flooding or fire that maintains necessary earlysuccessional habitat characteristics.
Biological features might include prey species, forage grasses, specific kinds or ages of trees for roosting or nesting, symbiotic fungi, or a particular level of nonnative species consistent with conservation needs of the listed species.
The features may also be combinations of habitat characteristics and may encompass the relationship between characteristics or the necessary amount of a characteristic essential to support the life history of the species.
In considering whether features are essential to the conservation of the species, the Service may consider an appropriate quality, quantity, and spatial and temporal arrangement of habitat characteristics in the context of the life-history needs, condition, and status of the species. These characteristics include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, or rearing or development of offspring;
and habitats that are protected from disturbance.
We derive the specific physical or biological features essential for the SSN
DPS of fisher from studies of the species habitat, ecology, and life history, which are described more fully in the final listing rule 85 FR 29532;

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May 15, 2020 and the species report Service 2016a, entire that was developed to supplement the proposed listing rule 79 FR 60419; October 7, 2014 and revised proposed listing rule 84 FR 60278; November 7, 2019.
Summary of Essential Physical or Biological Features We have determined that there is one feature, which is considered both physical and biological, that is essential to the conservation of the SSN DPS of fisher. We derive this feature from studies of the species habitat, ecology, and life history as described below.
Additional information can be found in the final listing rule 85 FR 29532; May 15, 2020 and the species report Service 2016a, entire that was developed in conjunction with the proposed listing rule. These background documents are available on http www.regulations.gov under Docket No. FWSR8ES2021
0060.
We have determined that the following feature, which is considered both physical and biological in character, is essential to the conservation of the SSN DPS of fisher:
Suitable, high-quality denning habitat that includes intermixed foraging and dispersal areas. Such habitat provides structural features for parturition, raising kits, protection from adverse weather conditions, facilitation of safe movement, sites to rest and thermoregulate, foraging opportunities, and cover to reduce predation risk for adults and young. The characteristics of this physical and biological feature include:
a Forest types described as Douglas fir Pseudotsuga menziesii, eastside pine, Jeffrey pine Pinus jeffreyi, montane hardwood-conifer, montane hardwood, montane riparian, ponderosa pine Pinus ponderosa, Sierran mixed conifer, or white fir Abies concolor of California Wildlife Habitat Relationships size and density classes 4D, 5M, 5D, or 6 Mayer and Laudenslayer 1988, entire; Thompson et al. 2020, p. 7.
b Forest stands in or near drainages with clusters of large, mature trees and snags, high canopy cover generally greater than or equal to 60 percent, complex horizontal and vertical forest structure e.g., multilayered canopy, moderate shrub cover, downed wood, vegetation of varying age classes, a moderate intermix of California black oak Quercus kelloggii, and fairly steep slopes greater than or equal to 17
percent Zhao et al. 2012, p. 117;
Spencer et al. 2015, pp. 3335; Green et al. 2019, entire.

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c Multiple large diameter trees live or dead, such as conifers greater than or equal to 35 inches in 89
centimeters cm and hardwoods greater than or equal to 25 in 63 cm in diameter Spencer et al. 2015, p. 39, with cavities that provide secure natal and maternal den sites Green et al.
2019, p. 136. Some of these large diameter trees or snags should also have branch platforms, broken top platforms, mistletoe Arceuthobium spp.
infections, and other deformities or structures that provide resting sites Green et al. 2019, p. 136.
d Shrub and tree clumps, large downed logs, and other structures that provide continuous dense cover or patches of dense cover that are close together to provide protection from predators Spencer et al. 2015, p. 33;
Green 2017, pp. 101102.
e Intermixed foraging areas that typically include a diversity of vegetation types and seral stages to support a variety of prey species such as western gray squirrels Sciurus griseus, Douglas squirrels Tamiasciurus douglasii, California ground squirrels Otospermophilus beecheyi, dusky-footed woodrats Neotoma fuscipes, and other small mammals Spencer et al. 2015, p. 30, and structures that provide fishers resting sites and protection from predators.
f Intermixed dispersal areas that provide connectivity between patches of denning habitat to allow for movement of individuals within subpopulations.
Dispersal areas must contain structures and habitat characteristics that facilitate resting and safe movement Spencer et al. 2015, p. 52. These habitat characteristics and structures include some overhead cover from trees or shrubs i.e., greater than 30 percent for male dispersal and greater than 60
percent for female dispersal Tucker et al. 2017, pp. 1415; Spencer et al. 2016, p. 10, snags, downed logs, or other components to protect fishers from predation and allow for sufficient resting opportunities.
Special Management Considerations or Protection When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species at the time of listing contain features that are essential to the conservation of the species and which may require special management considerations or protection. The features essential to the conservation of the SSN DPS of fisher may require special management considerations or protection to reduce the threats to the
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