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Environmental Law

: ESA Blawg

Previously "delisted" Cactus ferruginous pygmy owl getting another look based on CBD petition to "relist" the species

By Keith Rizzardi

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73 Fed. Reg. 31418 (Monday, June 02, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Cactus Ferruginous Pygmy-Owl (Glaucidium ridgwayi cactorum) as Threatened or Endangered With Critical Habitat; Notice of 90-day petition finding and initiation of status review.)

Photo of the cactus ferruginous pygmy-owl from wikipedia

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the cactus ferruginous pygmy-owl (Glaucidium ridgwayi cactorum) (pygmy-owl) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing the pygmy-owl may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and we will issue a 12-month finding on our determination as to whether the petitioned action is warranted. To ensure that the status review of the pygmy-owl is comprehensive, we are soliciting information and data regarding this species. We will make a determination on critical habitat for this species if and when we initiate a listing action. DATES: We made the finding announced in this document on June 2, 2008. To allow us adequate time to conduct this review, we request that information be submitted on or before August 1, 2008.

NOTEWORTHY EXCERPT: A species may be determined to be an endangered or threatened species due to one or more of the five factors described in section 4(a)(1) of the Act: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence… The petitioners presented substantial information indicating that the pygmyowl may be threatened by Factors A, C, D, and E throughout the entire range of the subspecies defined in the petition in Arizona and northwest Mexico.

COMMENTARY: As a result of years of litigation, FWS previously removed the owl from the list of endangered species in 2006 because it did not qualify as a “distinct population segment” and was not significant to the species as a whole. See FWS Fact Sheet.. This decision, which could lead to the re-listing of the species, comes less than two weeks after the Center for Biological Diversity’s filing of a Notice of Intent to sue over the failure to act on the organization's pending petition to list the species. See CBD Press Release. FOR MORE INFORMATION, visit the Defenders of Wildlife information pages.

Full post as published by ESA Blawg on June 02, 2008 (boomark / email).

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