[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43363-43364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21708]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Notice of Guidance
for Private Landowners and Federal, State, and Local Agencies
Concerning Take of the Endangered Cactus Ferruginous Pygmy-Owl; Opening
of Public Comment Period on the Guidance
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability, opening of public comment period.
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SUMMARY: The Fish and Wildlife Service (Service), announces the
availability for public comment of guidance for use in determining if
take of the cactus ferruginous pygmy-owl (Glaucidium brasilianum
cactorum) may result from activities within areas occupied by the
species in Arizona.
Identification of actions that may be considered to result in take
of the cactus ferruginous pygmy-owl was first provided by the Service
in the final rule listing the species on March 10, 1997. Additional
guidance for private landowners was subsequently issued by the Service
in December 1997. The proposed revisions to this guidance more clearly
define the types of habitats in which the owl may be encountered, and
the Arizona counties in which the species is known to have historically
occurred and which may still harbor the owl in appropriate habitats.
This guidance also expands the required survey effort from one year to
two consecutive years prior to actions that may impact the owl or its
habitats.
DATES: Data and comments must be received by September 14, 1998.
ADDRESSES: Copies of this guidance may be obtained from the Field
Supervisor, Arizona Ecological Services Field Office, 2321 West Royal
Palm Road, Phoenix, Arizona 85021. Comments and materials concerning
the guidance should be sent to the Field Supervisor at the above
address.
FOR FURTHER INFORMATION CONTACT: Tom Gatz, Acting Field Supervisor,
Arizona Ecological Services Field Office, at the above address, (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
[[Page 43364]]
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.
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.
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 again making available information to aid both Federal and
non-Federal entities in determining when a take situation may occur.
The Service is seeking additional information in order to more
adequately understand the occurrence and biology of the cactus
ferruginous pygmy-owl in central and southern Arizona. However, until
more complete scientific information is available, the Service believes
that the use of the guidance document will protect the pygmy-owl while
allowing carefully considered development to proceed.
Author
The primary author of this document is Tom Gatz, Acting Field
Supervisor, Arizona Ecological Services Field Office (see ADDRESSES
section).
Authority
The authority for this action is the Endangered Species Act (16
U.S.C. 1532 et seq.).
Dated: August 7, 1998.
Geoffrey L. Haskett,
Acting Regional Director, Fish and Wildlife Service.
Notice: Availability of take guidance for the cactus ferruginous
pygmy-owl
[FR Doc. 98-21708 Filed 8-12-98; 8:45 am]
BILLING CODE 4310-55-P
