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Proposed 'Endangered' Owl Delisting Called Long Overdue
In a victory for sensible policymaking, two years after a federal court ruled that the U.S. Fish and Wildlife Service listing of the cactus ferruginous pygmy-owl as an endangered species was illegal, the service has proposed its removal from the list.
The service’s new proposed rule finds that Arizona’s owls do not qualify as a “significant” population and should be taken off the endangered species list. The proposed rule would also render moot an earlier proposal, never finalized, that would have directly affected 1.2 million acres of pygmy owl habitat.
“We support the Fish and Wildlife Service’s proposed action,” said NAHB President David Wilson. “The delisting of the pygmy owl is based on sound science, not political whim.”
In National Association of Home Builders v. Norton — a suit brought by NAHB, the Southern Arizona Home Builders Association and the Home Builders Association of Central Arizona — the U.S. Ninth Circuit Court of Appeals ruled on Aug. 19, 2003 that the pygmy owl listing was illegal. The court found that the service had not articulated a rational basis for its listing given that the owls were known to exist in far greater numbers in Mexico.
Surveys conducted by Arizona officials, most recently in 2002, found just 18 pygmy owls in the state.
“Setting aside 1.2 million acres for 18 owls is excessive,” Wilson said. “It is an abuse of government power. This proposed rule is a victory for sensible policymaking.”
NAHB economists have estimated that if a 1.2 million-acre habitat designation were to go into effect, the state’s annual construction of new homes would fall by roughly 262, local economies would lose $545 million in activity over 10 years and local governments would lose $68.3 million in tax and permit revenue. In the first year alone, 705 jobs would be lost, growing to about 2,750 over 10 years.
Much of the problem stems from the availability of developable land in the state. Although Tucson is surrounded by vacant land, almost all of it is owned by the State of Arizona, the Forest Service, the National Park Service, the military or tribal reservations, and is off limits for housing development.
Out of the 9,184 square miles in Pima County, only 75,000 acres of private land remain in the Tucson area and outside the proposed designation. In the next 10 years, Tucson will need 45,000 acres to accommodate new residents.
For more information, e-mail Blake Smith at NAHB, or call him at 800-368-5242 x8583.
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