[Federal Register: March 20, 2000 (Volume 65, Number 54)] [Notices] [Page 14999-15000] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr20mr00-127] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability; Recommended Guidance for Private Landowners Concerning the Cactus Ferruginous Pygmy-owl; and the Cactus Ferruginous Pygmy-owl Survey Protocol AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of Availability; Private Landowner Guidance and Survey Protocol for the Cactus Ferruginous Pygmy-owl. ----------------------------------------------------------------------- SUMMARY: The Fish and Wildlife Service (Service), announces the availability of its recommended private landowner guidance for the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy- owl). These recommendations will assist private landowners in minimizing their risk of inadvertently ``taking'' (harming, harassing or killing) a pygmy-owl. In addition, the Service in cooperation with the Arizona Game and Fish Department (AGFD), announces the availability of a revised survey protocol for the pygmy-owl. This survey protocol should be used by landowners and managers in determining presence/ absence of the endangered pygmy-owl. On March 10, 1997, the Service published a final rule adding the Arizona population of the pygmy-owl to the federal list of endangered species (62 FR 10730). The principle cause for the decline in population and reduction in current known range for the once ``common'' and ``fairly numerous'' species is the loss of habitat. In December 1997, the Service provided interim guidance describing the habitat relied upon by the pygmy-owl and suggested that landowners with such habitat have surveys conducted on their land to determine whether the habitat is occupied by an owl prior to disturbing the habitat. The intent of the Service was to furnish landowners and agencies with enough information to determine the level of stewardship their development planning should require in order to avoid harming, harassing, or killing (taking) a pygmy-owl. On August 13, 1998 the Service published two [[Page 15000]] notices of availability and opening of public comment periods for the proposed pygmy-owl landowner guidance (63 FR 43363) and survey protocol (63 FR 43362). On September 16, 1998, the Service announced the extension of the comment period from September 14, 1998, to November 14, 1998 for both the landowner guidance and protocol (63 FR 49539). Public information meetings were also held on the guidance and survey protocol on October 5, 1998, in Phoenix, Arizona; on October 6, 1998, in Tucson, Arizona; and on October 7, 1998, in Sierra Vista, Arizona. On November 20, 1998, the Service again announced the extension of the comment period for both the guidance and protocol to March 14, 1999 (63 FR 64449). Using information gathered during the comment period and subsequently from researchers in the field, and with technical assistance of AGFD, we revised the proposed ``Guidance for Private Landowners and Federal, State, and Local Agencies Concerning Take of the Endangered Cactus Ferruginous Pygmy-owl'' and ``Protocol for Surveying for the Endangered Cactus Ferruginous Pygmy-owl''. The Service's recommended landowner guidance entitled ``Recommended Guidance for Private Landowners Concerning the Cactus Ferruginous Pygmy-owl'' and the AGFD-Service authored ``The Cactus Ferruginous Pygmy-owl Survey Protocol'', both dated January 2000, incorporate those modifications found to be appropriate, and replace the 1998 proposed landowner guidance and 1993 AGFD survey protocol. We and AGFD intend to annually review and (as appropriate) modify this survey protocol, to ensure that the best scientific information is incorporated into the prescribed methodology. ADDRESSES: Copies of the revised landowner guidance and survey protocol may be obtained from the Service's Region 2 World Wide Web Home Page at: http://ifw2es.fws.gov/Arizona/ or from the Field Supervisor, Arizona Ecological Services Field Office, 2321 West Royal Palm Road, Suite 103, Phoenix, Arizona 85021-4951. FOR FURTHER INFORMATION CONTACT: Mike Wrigley at the above address (telephone 602/640-2720, facsimile 602/640-2730). SUPPLEMENTARY INFORMATION: Background The cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) was listed as an endangered species on March 10, 1997 as result of loss and degradation of habitat, overutilization for recreational purposes, inadequacy of existing regulatory mechanisms, low levels of genetic variation, possible contamination from pesticides, and potential competition from other bird species that use cavities for nesting (62 FR 10730). Historically in Arizona, pygmy-owls occupied areas of south-central Arizona from the New River, about 56 km (35 mi) north of Phoenix, west to Agua Caliente near Gila Bend and Cabeza Prieta Tanks, and east to near present day Geronimo and Fort Thomas along the Gila River. Recent records (since 1993) suggest that pygmy-owls in Arizona may only occur in Pima and Pinal counties, however, the total number and their distribution in Arizona is currently unknown because not all areas have been surveyed. Only 39 adult individuals were known to exist in the state in the spring of 1999. Most of these birds were distributed in three areas: northwest Tucson, Organ Pipe Cactus National Monument, and the Altar Valley, including Buenos Aires National Wildlife Refuge. In Arizona, pygmy-owls rarely occur below 305 m (1,000 ft) or above 1,219 m (4,000 ft). Historically, cottonwood (Populus fremontii)- mesquite (Prosopis spp.) forest and mesquite woodland along the Gila and Salt rivers, and major tributaries were environments typically used by the owls. Pygmy-owls currently occupy paloverde (Cercidium spp.)- mesquite-acacia (Acacia spp.) xeroriparian, and saguaro (Carnegiea gigantea)-paloverde desertscrub areas often with ironwood (Olneya tesota) and/or exotic landscaping supported by irrigation. Recently, pygmy-owls have also been located in semidesert and Sonoran savanna grasslands with xeroriparian washes. Dominant tree species in riparian areas include mesquite, ash (Fraxinus spp.), and hackberry (Celtis spp.). Uplands in these areas primarily consist of grasslands with dispersed mesquite trees, and very few, isolated saguaro cacti in some areas. Nancy M. Kaufman, Regional Director, Albuquerque, New Mexico. [FR Doc. 00-6802 Filed 3-17-00; 8:45 am] BILLING CODE 4510-55-U