Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Cactus Ferruginous Pygmy-Owl in Arizona

The Fish and Wildlife Service (Service) determines endangered status for the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) in Arizona, pursuant to the Endangered Species Act of 1973, as amended (Act). The Service also determines that the cactus ferruginous pygmy-owl population in Texas does not warrant listing as a threatened species and is not finalizing that portion of the proposal. The Service originally proposed to list the cactus ferruginous pygmy- owl as endangered in Arizona with critical habitat, and threatened in Texas without critical habitat. New information was received during comment periods indicating that population levels are higher in Arizona and Texas than was known at the time of the proposed rule. This information has been considered in making this final determination. However, the Service still determines that the Arizona population warrants endangered status. Conversely, the new information indicates that listing the species as threatened in Texas is not warranted. This rule implements the Federal protection and recovery provisions afforded by the Act for the Arizona population of this subspecies.