pygmy-owl subspecies to qualify for listing as a distinct population segment. In addition to this proposed delisting rule, the Service will also withdraw its proposal to designate critical habitat for the pygmy owl.

The District Court of Arizona ordered the Service to reconsider the owl's eligibility for endangered status as a distinct population segment, consistent with the Ninth Circuit Court of Appeals' ruling. Until a final decision is made, the owl remains on the list of endangered species.

The Service listed only the owls in Arizona as endangered in 1997, rather than including the entire subspecies of cactus ferruginous pygmy-owls, which are located through Mexico's west coast states and a portion of the east coast of Mexico and Texas.

"Our reevaluation indicates the Arizona population doesn't meet the court's standards," said Joy Nicholopoulos, Fish and Wildlife Service Southwest Assistant Regional Director. "The proposal represents an opportunity for us to receive information from the public, interested groups and organizations."

The Court determined that the owl's endangered status was not supported by a demonstration of biological and ecological 'significance.' Under its Policy Regarding the Recognition of Distinct Vertebrate Population Segments, the Service scrutinizes a variety of considerations when determining 'significance,' including:



- Persistence of the discrete population segment in an ecological setting unusual or unique for the taxon.

- Evidence that loss of the discrete population segment would result in a significant gap in the range of the taxon.

- Evidence that the discrete population segment represents the only surviving natural occurrence of a taxon that may be more abundant elsewhere as an introduced population outside its historic range, or

- Evidence that the discrete population segment differs markedly from other populations of the species in its genetic characteristics.


While the proposed rule, published in today's Federal Register, recommends removing the owl from the list of endangered species and voiding its proposed critical habitat designation, it also solicits any new information that would have a bearing on the final decision.

"The Service initiated its review of the Arizona population consistent with the Ninth Circuit's ruling, our policy and the best available science," said Nicholopoulos. "Ultimately, we'll base our final decision on biological information, laws and standards as well as all information received in the next 60 days."

If the pygmy-owl were removed from the list of endangered species, the Service would not complete the proposed critical habitat designation or a recovery plan for the species but would continue to conduct surveys. Other federal agencies would be relieved of their responsibilities under the Endangered Species Act. The owls would receive protection under the Migratory Bird Treaty Act which prohibits the taking (killing, pursuit, or harassment) of pygmy-owls or the possession of its parts (feathers, eggs, etc.). The Service would continue working with county officials, local officials and concerned parties on cooperative conservation measures for the owl and rare species found in the same area as pygmy-owls.

Written comments should be sent to the Field Supervisor, U.S. Fish and Wildlife Service, Arizona Ecological Services Field Office, 2321 West Royal Palm Road, Suite 103, Phoenix, Arizona 85021-4951 or by facsimile to 602/242-2513. Electronic comments can be submitted to: cfpo_comments@fws.gov. The deadline for comments is October 2, 2005. The deadline for requesting a public hearing on the proposal is September 17, 2005