Endangered and threatened species: owl,

[Federal Register: August 13, 1998 (Volume 63, Number 156)]

[Proposed Rules]

[Page 43363-43364]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13au98-34]

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.

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. 98-21708Filed8-12-98; 8:45 am]

BILLING CODE 4310-55-P