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khammond on DSKJM1Z7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules have been documented to live 7 to 9
years in the wild Proudfoot 2009, pers.
comm. and 10 years in captivity AGFD
2009, pers. comm..
Pygmy-owls are found in a variety of vegetation communities, including Sonoran desertscrub and semidesert grasslands in Arizona and northern Sonora, thornscrub and dry deciduous forests in southern Sonora south to Michoacan, Tamaulipan brushland in northeastern Mexico, and live oak forest in Texas. At a finer scale, the pygmyowl is a creature of edges found in semiopen areas of thorny scrub and woodlands in association with giant cacti and in scattered patches of woodlands in open landscapes, such as dry deciduous forests and riparian communities along ephemeral, intermittent, and perennial drainages Konig et al. 1999, p. 373. It is often found at the edges of riparian and xeroriparian drainages and even habitat edges created by villages, towns, and cities Abbate et al. 1999, pp. 1423;
Proudfoot and Johnson 2000, p. 5.
The taxonomy of Glaucidium is complicated and has been the subject of much discussion and investigation.
Following delisting of the pygmy-owl in 2006 71 FR 19452; April 14, 2006, the Service was petitioned to relist the pygmy-owl CBD and DOW 2007, entire. The petitioners requested a revised taxonomic consideration for the pygmy-owl based on Proudfoot et al.
2006a, p. 9; 2006b, p. 946 and Konig et al. 1999, pp. 160, 370373, classifying the northern portion of Glaucidium brasilianums range as an entirely separate species, G. ridgwayi and recognizing two subspecies of G.
ridgwayi: G. r. cactorum in western Mexico and Arizona and G. r. ridgwayi in eastern Mexico and Texas. Other recent studies proposing or supporting the change to G. ridgwayi for the northern portion of G. brasilianums range have been published in the past 20 years Navarro-Siguenza and Peterson 2004, p. 5; Wink et al. 2008, pp. 4263; Enrquez et al. 2017, p. 15.
As we evaluated the cactus ferruginous pygmy-owls current status, we found that, although there is genetic differentiation at the far ends of the pygmy-owls distribution represented by Arizona and Texas, there continues to be uncertainty in the southern portion of the range. This area represents the boundary between the two proposed subspecies, which raises the question of whether there is adequate data to support a change in species classification and define the eastern and western distributions as separate subspecies. While future work and studies may clarify and resolve these
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issues, we will continue to use the currently accepted distribution of G.
brasilianum cactorum as described in the 1957 American Ornithologists Union now the American Ornithological Society checklist and various other publications Friedmann et al. 1950, p. 145; Oberholser 1974, p.
452; Johnsgard 1988, p. 159; Millsap and Johnson 1988, p. 137.
Regulatory and Analytical Framework Regulatory Framework Section 4 of the Act 16 U.S.C. 1533
and its implementing regulations 50
CFR part 424 set forth the procedures for determining whether a species is an endangered species or a threatened species. The Act defines an endangered species as a species that is in danger of extinction throughout all or a significant portion of its range, and a threatened species as a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The Act requires that we determine whether any species is an endangered species or a threatened species because of any of the following factors:
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 The inadequacy of existing regulatory mechanisms; or E Other natural or manmade factors affecting its continued existence.
These factors represent broad categories of natural or human-caused actions or conditions that could have an effect on a species continued existence.
In evaluating these actions and conditions, we look for those that may have a negative effect on individuals of the species, as well as other actions or conditions that may ameliorate any negative effects or may have positive effects.
We use the term threat to refer in general to actions or conditions that are known to or are reasonably likely to negatively affect individuals of a species. The term threat includes actions or conditions that have a direct impact on individuals direct impacts, as well as those that affect individuals through alteration of their habitat or required resources stressors. The term threat may encompasseither together or separatelythe source of the action or condition or the action or condition itself.
However, the mere identification of any threats does not necessarily mean
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that the species meets the statutory definition of an endangered species or a threatened species. In determining whether a species meets either definition, we must evaluate all identified threats by considering the expected response by the species, and the effects of the threatsin light of those actions and conditions that will ameliorate the threatson an individual, population, and species level. We evaluate each threat and its expected effects on the species, then analyze the cumulative effect of all of the threats on the species as a whole.
We also consider the cumulative effect of the threats in light of those actions and conditions that will have positive effects on the species, such as any existing regulatory mechanisms or conservation efforts. The Secretary determines whether the species meets the definition of an endangered species or a threatened species only after conducting this cumulative analysis and describing the expected effect on the species now and in the foreseeable future.
The Act does not define the term foreseeable future, which appears in the statutory definition of threatened species. Our implementing regulations at 50 CFR 424.11d set forth a framework for evaluating the foreseeable future on a case-by-case basis. The term foreseeable future extends only so far into the future as the Service can reasonably determine that both the future threats and the species responses to those threats are likely. In other words, the foreseeable future is the period of time in which we can make reliable predictions. Reliable does not mean certain; it means sufficient to provide a reasonable degree of confidence in the prediction. Thus, a prediction is reliable if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define foreseeable future as a particular number of years. Analysis of the foreseeable future uses the best scientific and commercial data available and should consider the timeframes applicable to the relevant threats and to the species likely responses to those threats in view of its life-history characteristics. Data that are typically relevant to assessing the species biological response include speciesspecific factors such as lifespan, reproductive rates or productivity, certain behaviors, and other demographic factors.
Analytical Framework The SSA report documents the results of our comprehensive biological review of the best scientific and commercial
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