[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