[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Proposed Rules]
[Pages 64449-64450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30533]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Cactus Ferruginous
Pygmy-owl Take Guidance and Survey Protocol; Extension of Comment
Period
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Extension of two public comment periods.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) provides notice
that it is extending the public comment periods to allow continued
public input on the take guidance and survey protocols for the cactus
ferruginous pygmy-owl (Glaucidium brasilianum cactorum). The take
guidance is for use in determining if take of the cactus ferruginous
pygmy-owl may result from activities within areas occupied by the
species in Arizona. Two survey protocols are proposed--one for
determining presence of the species within known historic range in
Arizona, and another for gathering information on the species'
distribution, occurrence, and numbers. Notices of availability and
comment periods were previously published on September 16, 1998 (63 FR
49539) and August 13, 1998 (63 FR 43362 and 43363). This species is
listed as endangered in Arizona under the U.S. Endangered Species Act.
DATES: Written comments should be received by March 14, 1999.
ADDRESSES: Persons wishing to review either the cactus ferruginous
pygmy-owl take guidance or survey protocol may access either at the
world wide web site of the Southwest Region of the Service at http://
ifw2es.fws.gov/arizona/, or obtain copies by contacting the U.S. Fish
and Wildlife Service, Arizona Ecological Services Field Office, 2321 W.
Royal Palm Road, Suite 103, Phoenix, Arizona 85021-4951 or by calling
the Field Office at (602) 640-2720. Documents will also be available
for public inspection by written request, by appointment only, during
normal business hours (7:30 to 4:30), U.S. Fish and Wildlife Service,
Phoenix, Arizona. Written data or comments concerning the cactus
ferruginous pygmy-owl take guidance or survey protocol should be
submitted to the Field Supervisor, Arizona Ecological Services Field
Office, Phoenix, Arizona (see address above).
FOR FURTHER INFORMATION CONTACT: Tom Gatz, Acting Field Supervisor,
Arizona Ecological Services Field Office in Phoenix, Arizona at (602)
640-2720.
SUPPLEMENTARY INFORMATION:
Background
The cactus ferruginous pygmy-owl was listed by the Service as an
endangered species in Arizona on March 10, 1997, based on extensive
population declines within its historic range in the state. The pygmy-
owl, a small reddish-brown owl, nests in a cavity in a tree or large
columnar cactus. The species was once common to abundant in riparian
forests, mesquite-cottonwood woodlands, and desertscrub habitats in
central and southern portions of the state. It is still considered a
potential inhabitant of riparian areas, where this extremely limited
vegetative community still occurs, and is found in upper Sonoran Desert
habitats usually consisting of dense ironwood, mesquite, acacia,
bursage, and saguaro cacti, with understory vegetation of smaller trees
and shrubs.
On August 13, 1998, the Service published two notices of
availability and opening of public comment periods for cactus
ferruginous pygmy-owl survey protocol (63 FR 43362) and taking guidance
(63 FR 43363). The comment periods closed on September 14, 1998. The
comment periods were extended until November 14, 1998, with a September
16, 1998, notice (63 FR 49539).
Take Guidance
Urban and suburban development within the remaining appropriate
habitat of the pygmy-owl is ongoing. These and other actions may result
in take of the species. The Endangered Species Act and implementing
regulations found at 50 CFR 17.21 and 17.31 set forth a series of
general prohibitions that apply to all endangered and threatened
wildlife, respectively. These prohibitions, in part, make it illegal
for any person subject to the jurisdiction of the United States to take
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap, or
collect or to attempt any of these). Regulations at 50 CFR 17.3 define
the terms ``harm'' and ``harass'' as used under the definition of
``take.'' ``Harm'' is defined as an act which actually kills or injures
wildlife. Such acts may include significant habitat modification that
impairs essential behavioral patterns, including breeding, feeding, or
sheltering. ``Harass'' is defined as an intentional or negligent act or
omission which creates a likelihood of injury to wildlife by annoying
it to such an extent as to significantly disrupt normal behavior
patterns, including, but not limited to, breeding, feeding, or
sheltering.
[[Page 64450]]
Permits may be issued to carry out otherwise prohibited activities
involving endangered and threatened wildlife species under certain
circumstances. Such permits are available for scientific purposes, to
enhance the propagation or survival of the species, and/or for
incidental take in connection with otherwise lawful activities.
At the time of listing the owl, the Service provided a partial
listing of activities that could potentially harm, harass, or otherwise
take the pygmy-owl. These included--
(1) Removal of nest trees;
(2) Removal of a nest box in use by the pygmy-owl;
(3) Clearing or significant modification of occupied habitat,
whether or not the nest tree is included;
(4) Sustained noise disturbance during the breeding season;
(5) Pursuit or harassment of individual birds;
(6) Frequent or lengthy low-level flights over occupied habitat
during the breeding season;
(7) Severe overgrazing that results in the removal of understory
vegetation.
In furtherance of the Service's policy to provide information
concerning what activities may be considered take of the pygmy-owl, the
Service is making available information to aid both Federal and non-
Federal entities in determining when a take situation may occur.
Survey Protocol
The Fish and Wildlife Service (Service) proposes a survey protocol
for determining the presence of the endangered cactus ferruginous
pygmy-owl (Glaucidium brasilianum cactorum) within known historic range
of the species in Arizona. The proposed survey protocol comes in two
versions depending on its use: the first is for use in determining if
cactus ferruginous pygmy-owls are present on specific project sites
where an activity is proposed; the second is for use in gathering
information on distribution, occurrence, and numbers of pygmy-owls over
more extensive areas of its historic range in Arizona. This proposed
protocol is founded on procedures established by the Arizona Game and
Fish Department in 1993. The proposed protocol incorporates
modifications found to be appropriate following 5 years of field
application. Differences between the 1993 protocol and the current
proposed protocol include a reduction in the survey period from 9
months (September through May) to 6 months (January through June); and
an increase in surveys from one to three, with 30 days between each of
the three surveys preferred, but a minimum of 15 days required. At
least one survey must occur between February 15 and April 15. In
reviewing determinations of pygmy owl presence or absence, the Service
will require the implementation of the protocol for two consecutive
years (rather than one year) prior to actions that may impact the owls
or their habitats.
The existing protocol will remain in use and in effect until the
public comment period is closed and the Service has evaluated the
comments from the public.
The Service has submitted the protocol to recognized species and
technical experts for peer review to ensure a scientifically sound
basis for determination of the presence of the species within its known
range.
The Service will regularly review and modify, as necessary, the
survey protocol to ensure that the best available scientific
information is incorporated into the prescribed methodology.
Overall Purpose
The Service extends the public comment period to ensure that
adequate time is available for the public to provide additional
information to more adequately understand the occurrence and biology of
the cactus ferruginous pygmy-owl in central and southern Arizona. Until
more complete scientific information is available, the Service believes
that the use of the take guidance document and the proposed survey
protocol document will protect the pygmy-owl while allowing carefully
considered development to proceed and will provide the most
biologically valid data upon which to determine habitat use and
occupancy by the pygmy-owl.
Author: The primary author of this document is Leslie Dierauf,
Conservation Biologist, Regional Office.
Authority: The authority for this action is the Endangered
Species Act (16 U.S.C. 1532 et seq.).
Dated: November 9, 1998.
Geoffery L. Haskett,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 98-30533 Filed 11-19-98; 8:45 am]
BILLING CODE 4310-55-U
