Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS

due to the ongoing effects of habitat loss, fragmentation, and climate change.
Resiliency would remain low in the Arizona analysis unit and would decline in both the northern Sonora and western Mexico analysis units due to a reduction in habitat quality as a result of climate change. Pygmy-owl habitat fragmentation from urbanization, deforestation, and agricultural development are expected to continue under this scenario, though at a slower rate. Resiliency would remain in moderate condition for the Texas and northeastern Mexico analysis units.
Although habitat conditions are expected to continue to decline due to drought and climate change, we do not expect a large decline in pygmy-owl occupancy and abundance in Texas and northeastern Mexico. Under this scenario, each analysis unit remains occupied and contributes to the representation and redundancy across the range of the pygmy-owl. However, within each analysis unit, threats continue, albeit at a reduced rate, and the resiliency of population groups would decline in three of the five analysis units. Thus, within analysis units, representation and redundancy is likely to decrease at the populationgroup scale.

factors affecting its viability, here we will discuss regulatory mechanisms and conservation actions that potentially have or will influence the current and future viability of the cactus ferruginous pygmy-owl.

Cumulative Effects We note that, by using the SSA
framework to guide our analysis of the scientific information documented in the SSA report, we have not only analyzed individual effects on the subspecies, but we have also analyzed their potential cumulative effects. We incorporate the cumulative effects into our SSA analysis when we characterize the current and future condition of the subspecies. To assess the current and future condition of the subspecies, we undertake an iterative analysis that encompasses and incorporates the threats individually and then accumulates and evaluates the effects of all the factors that may be influencing the subspecies, including threats and conservation efforts. Because the SSA
framework considers not just the presence of the factors, but to what degree they collectively influence risk to the entire subspecies, our assessment integrates the cumulative effects of the factors and replaces a standalone cumulative effects analysis.

Federal Protections Although the pygmy-owl in Arizona is considered nonmigratory, it is included on the list of birds protected under the Migratory Bird Treaty Act MBTA 16 U.S.C. 703712. The MBTA prohibits take of any migratory bird. However, unlike the Endangered Species Act, there are no provisions in the MBTA preventing habitat destruction unless direct mortality or destruction of an active nest occurs.
Approximately 31 percent of the pygmyowls historical geographic range in the United States is federally owned, with Federally-owned lands making up approximately 40 percent of pygmy-owl habitat in Arizona. However, a substantial extent of the known currently occupied habitats occur on State Trust lands in Arizona and on private lands in Texas. Other Federal regulations and policies such as the Clean Water Act 33 U.S.C. 1251 et seq., the militarys integrated natural resources management plans INRMPs, such as the one for the Barry M.
Goldwater Range Uken 2008, pers.
comm., and National Park Service policy provide varying levels of protection, but they have not been effective in protecting the pygmy-owl from further decline in Arizona. As a result of the implementation of the 2005
Real ID Act Division B of Pub. L. 109
13, the U.S. Department of Homeland Security DHS has waived application of the Act and other environmental laws in the construction of border infrastructure, including areas occupied by the pygmy-owl 73 FR 5272; January 29, 2008. As recently as 2020, DHS
waived environmental compliance for the construction of border walls along the U.S.-Mexico border in Arizona and Texas Fischer 2019, entire; USCBP
2020, entire. Consequently, pygmy-owl habitat has been lost and fragmented along most of the border area in Arizona and, to a lesser extent, Texas. Of particular concern is the potential for border infrastructure to reduce habitat connectivity into occupied pygmy-owl habitat in Mexico.

Conservation Efforts and Regulatory Mechanisms Because we are considering the best available information and because the discussion above primarily addresses the viability of the cactus ferruginous pygmy-owl in relation to the threats and
State Protections The pygmy-owl is included on the State of Arizonas list of species of concern AGFD 2021, p. 16. Arizona statute does not address the root causes leading to destruction or alteration of pygmy-owl habitat. The State of Texas
VerDate Sep<11>2014

16:13 Dec 21, 2021

Jkt 256001

PO 00000

Frm 00026

Fmt 4702

Sfmt 4702

72561

lists the pygmy-owl as threatened Texas Administrative Code, title 31, part 2, chapter 65, subchapter G, rule 65.175; TPWD 2009, p. 1. This designation allows permits to be issued for the taking, possession, propagation, transportation, sale, importation, or exportation of pygmy-owls if necessary to properly manage that species, but does not provide any habitat protections Texas Park and Wildlife Code, chapter 67, section 67.0041.
Protections in Mexico Within Mexico, the distribution of owls is large and includes multiple States. The administration of land use in Mexico depends on the national government, which implements Natural Protected Areas and other Federal programs, and also the policies of each State and even municipal governments Enrquez 2021, pers. comm.. This system represents a wide range of management, conservation, and natural resource use approaches that affect pygmy-owl conservation, resulting in inconsistent policies and implementation of conservation activities. Similar to state laws in the United States, there are currently no laws or regulations in Mexico that specifically protect pygmy-owls and pygmy-owl habitat. As is the case throughout the geographic range of the pygmy-owl, with so many entities involved in how lands in Mexico are used and managed, it is complicated and, sometimes, unrealistic to implement widespread, consistent application of regulations that promote the conservation of pygmy-owls in Mexico.
Conservation Efforts Cactus ferruginous pygmy-owl conservation activities have occurred sporadically over the past three decades in both the United States and in northern Sonora in Mexico. Initial conservation efforts developed effective and safe protocols for studying the cactus ferruginous pygmy-owl and on gathering basic life-history information.
Efforts expanded in the late 1990s and early 2000s to include important pygmy-owl work in Arizona, Texas, and northern Sonora. For the past two decades, studies have been irregular and focused on monitoring of known territories.
Surveying and Monitoring The Arizona Game and Fish Department AGFD initiated surveys to determine the extent of cactus ferruginous pygmy-owl occurrences in Arizona in 1992, when the cactus ferruginous pygmy-owl was first
E:FRFM22DEP1.SGM

22DEP1