[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Proposed Rules]
[Page 19013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9233]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; Reopening of 
Comment Period and Notice of Public Hearings on Proposed Endangered 
Status With Critical Habitat in Arizona, and Threatened Status in 
Texas, for the Cactus Ferruginous Pygmy-owl

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule: notice of public hearing and reopening of 
comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that 
public hearings will be held and the comment period reopened on the 
proposed rule to list the cactus ferruginous pygmy-owl (Glaucidium 
brasilianum cactorum) as an endangered species with critical habitat in 
Arizona, and as threatened in Texas. The hearings and the reopening of 
the comment period will allow all interested parties to submit oral or 
written comments on the proposal.

DATES: The public hearings will be held from 6 p.m. to 9 p.m. on May 8, 
1995, in Tucson, Arizona, and from 7 p.m. to 10 p.m. on May 10, 1995, 
in Weslaco, Texas. The comment period for this proposal will be 
reopened on May 1, 1995, and will close on May 30, 1995. 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: The public hearings will be held at the Senior Ballroom, 
Student Union Memorial Building, University of Arizona, Tucson, Arizona 
and at Hoblitzelle Auditorium, Texas A&M Experimental Station, 2145 E. 
Highway 83, Weslaco, Texas. Written comments should be sent to the 
State Supervisor, U.S. Fish and Wildlife Service, 2321 W. Royal Palm 
Road, 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: Jeffrey A. Humphrey, State Supervisor, 
Arizona Ecological Services State 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.
    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, 
allowing the Service to consider the best scientific and commercial 
data available in making a final determination on the proposed action, 
is deemed as sufficient cause.
    Section 4(b)(5)(E) of the Act, as amended (16 U.S.C. 1531 et seq.), 
requires that a public hearing be held if it is requested within 45 
days of the publication of a proposed rule. In response to numerous 
requests, the Service is holding two hearings. The two public hearings 
will be held on the dates and at the addresses described above.
    Anyone wishing to make an oral statement for the record is 
encouraged to provide a written copy of their statement and present it 
to the Service at the start of the hearing. In the event there is a 
large attendance, the time allotted for oral statements may have to be 
limited. Oral and written statements receive equal consideration. There 
are no limits to the length of written comments presented at the 
hearings or mailed to the Service. Legal notices announcing the dates, 
times, and locations of the hearings will be published in local 
newspapers.
    The comment period on the proposal originally closed on April 11, 
1995. In order to accommodate the hearings, the Service also reopens 
the public comment period. Written comments may now be submitted until 
May 30, 1995, to the Service office in the ADDRESSES section.

Author

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

Authority

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

    Dated: April 10, 1995.
Lynn B. Starnes,
Acting Regional Director, Region 2, Fish and Wildlife Service.
[FR Doc. 95-9233 Filed 4-13-95; 8:45 am]
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