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

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]

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