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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title Common name
50 of the Code of Federal Regulations, as set forth below:
PART 17ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:

17.11 Endangered and threatened wildlife.

AUTHORITY: 16 U.S.C. 13611407; 1531
1544; and 42014245, unless otherwise noted.

Scientific name
Where listed

2. Amend 17.11h by revising the entry for Fisher Southern Sierra Nevada DPS in the List of Endangered and Threatened Wildlife under MAMMALS to read as follows:

h

Status

Listing citations and applicable rules

MAMMALS

Fisher Southern Sierra Nevada DPS.

Pekania pennanti U.S.A. Southern Sierra Nevada, CA.

3. Amend 17.95a by adding an entry for Fisher Pekania pennanti, Southern Sierra Nevada Distinct Population Segment DPS
immediately following the entry for Woodland Caribou Rangifer tarandus caribou, Southern Mountain Distinct Population Segment DPS, to read as follows:

jspears on DSK121TN23PROD with PROPOSALS1

17.95

Critical habitatfish and wildlife.

a Mammals.

Fisher Pekania pennanti, Southern Sierra Nevada Distinct Population Segment DPS
1 Critical habitat units are depicted for Fresno, Kern, Madera, Mariposa, Tulare, and Tuolumne Counties, California, on the maps in this entry.
2 Within these areas, the physical and biological feature essential to the conservation of the Southern Sierra Nevada DPS of fisher is suitable, highquality 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:
i 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.

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85 FR 29532, 5/15/2020;
50 CFR 17.95a.CH

ii 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.
iii 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, with cavities that provide secure natal and maternal den sites.
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.
iv 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.
v 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, and structures that provide fishers resting sites and protection from predators.

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vi 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. 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, snags, downed logs, or other components to protect fishers from predation and allow for sufficient resting opportunities.
3 Critical habitat does not include manmade structures such as buildings, aqueducts, runways, roads, and other paved areas and the land on which they are located existing within the legal boundaries on the effective date of the rule.
4 Data layers defining map units were created using fisher habitat suitability models developed by the Conservation Biology Institute, and critical habitat units were then mapped using Universal Transverse Mercator Zone 11N coordinates. The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at http
www.regulations.gov at Docket No.
FWSR8ES20210060 and at the field office responsible for this designation.
You may obtain field office location information by contacting one of the Service regional offices, the addresses of which are listed at 50 CFR 2.2.
5 Note: Index map follows:
BILLING CODE 433315P

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