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In response to litigation and a voluntary remand, we are revising critical habitat for the marbled murrelet, a listed seabird, pursuant to the Endangered Species Act (ESA). This revision is in the form of a reconsideration of final rule, and is limited to an evaluation and clarification of how all currently designated critical habitat meets the statutory definition of critical habitat under the ESA. We are not proposing any changes to the boundaries or any regulatory aspect of the final rule.

The distinct population segment of the marbled murrelet is listed as a threatened species, with a range covering the west coast of Washington, Oregon, and California. Critical habitat for the marbled murrelet was first designated in 1996, and revised in 2011; at present there are 3,698,100 acres of critical habitat in the States of Washington, Oregon, and California, with approximately 90 percent of critical habitat on Federal lands. Our proposed rule contained changes to only the preamble of the critical habitat rule for the marbled murrelet, for the purposes of clarifying how all areas presently designated as critical habitat meet the statutory definition under the ESA. As required by the ESA, the proposed rule provided our consideration of the potential economic impacts of the proposed rulemaking with respect to critical habitat. We will now finalize a rule. No potential economic impacts are anticipated, since this clarification of how all areas meet the definition of critical habitat is not expected to change consultation under this rule.