Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Endangered Status in Arizona and Threatened Status in Texas for the Cactus Ferruginous Pygmy-Owl

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-

Endangered and Threatened Wildlife and Plants; Reopening of

Comment Period on Proposed Endangered Status in Arizona and Threatened

Status in Texas for the Cactus Ferruginous Pygmy-Owl

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of reopening of comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that

the comment period will be reopened on the proposed rule to list the

cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) as an

endangered species in Arizona with critical habitat and as threatened

in Texas. The reopening of the comment period will allow all interested

parties to submit written comments on the proposal.

DATES: The comment period for this proposal will be reopened on October

10, 1996 and will close on November

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12, 1996. Comments must be received by the closing date. Any comments

that are received after the closing date may not be considered in the

final decision on the proposal.

ADDRESSES: Written comments should be sent to the Supervisor, U.S. Fish

and Wildlife Service, Ecological Services Field Office, 2321 W. Royal

Palm Road, Suite 103, Phoenix, Arizona 85021-4951. Comments and

materials received will be available for public inspection, by

appointment, during normal business hours at the above Service address.

FOR FURTHER INFORMATION CONTACT: Mary Richardson, Phoenix Ecological

Services Field Office (see ADDRESSES section) (telephone 602/640-2720;

facsimile 602/640-2730).

SUPPLEMENTARY INFORMATION:

Background

The breeding range of the cactus ferruginous pygmy-owl extends from

south-central Arizona south through western Mexico, and from southern

Texas south through northeastern Mexico. Within these regions, the

species occurs in riverbottom woodlands, coastal plain oak

associations, thornscrub, and Sonoran desert scrub. The cactus

ferruginous pygmy-owl is threatened to varying degrees across its range

by loss and modification of habitat, lack of adequate protective

regulations, and other factors. A proposed rule to list this species as

endangered with critical habitat in Arizona and as threatened in Texas

was published in the Federal Register (59 FR 63975) on December 12,

1994. The proposed rule includes additional information on the species,

its habitat requirements, and causes of decline.

Pursuant to 50 CFR 424.16(c)(2), the Service may extend or reopen a

comment period upon finding that there is good cause to do so. Full

participation of the affected public in the species listing process and

allowing the Service to consider the best scientific and commercial

data available in making a final determination on the proposed action,

are deemed as sufficient cause. This comment period is being reopened

to allow for the identification and consideration of data that may have

been collected since the passage of Public Law 104-6 and the resulting

moratorium on final listings of endangered or threatened wildlife and

plants which suspended efforts to finalize the listing determination

for the cactus ferruginous pygmy-owl.

The comment period on the proposal was originally opened December

12, 1994, through April 11, 1995, and was reopened May 1, through May

30, 1995. Public hearings were held in Tucson, Arizona, on May 8, 1995,

and Weslaco, Texas, on May 10, 1995. Legal notices announcing this

comment period reopening will be published in newspapers concurrently

with the Federal Register notice. Written comments must be submitted on

or before November 12, 1996 to the Service office in the ADDRESSES

section.

Author

The primary author of this notice is Jeffrey A. Humphrey (see

ADDRESSES section).

Authority

The authority for this action is 16 U.S.C. 1531-1544.

Dated: October 4, 1996.

Lynn B. Starnes,

Acting Regional Director, Southwest Region, Fish and Wildlife Service.

[FR Doc. 96-26044 Filed 10-9-96; 8:45 am]

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