[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Proposed Rules]
[Pages 49539-49540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24776]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; Extension of 
Public Comment Period for Take Guidance and Survey Protocol for the 
Cactus Ferruginous Pygmy-owl

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Extension on two public comment periods.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) provides notice 
that the public comment period is extended until November 14, 1998 for 
take guidance and survey protocol for the cactus ferruginous pygmy-owl.

DATES: Written comments should be received by November 14, 1998.

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 (62 FR 10730), 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 (63 FR 43362 and 43363) the service published 
notices of availability and opening of public comment period for survey 
protocol and taking guidance.

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.
    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), in cooperation with the 
Arizona Game and Fish Department (Department), propose 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 (i.e., surveys from 
September through December this year will still be accepted through 
December 31, 1998). Use of the currently proposed protocol will be 
required from January 1, 1999, forward.

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    The Service and Department have 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 and the Department 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 is extending 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 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: September 8, 1998.
Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 98-24776 Filed 9-14-98; 8:45 am]
BILLING CODE 4310-55-P