text:
Legal Status
Document Details
Published Document
Fish and Wildlife Service, Interior.
Final rule; withdrawal of proposed rule; removal of critical habitat designation.
We, the Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973 (Act), as amended, have determined that it is appropriate to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) from the Federal List of Endangered and Threatened Wildlife and, accordingly, also remove designated critical habitat for this DPS found in the Code of Federal Regulations (CFR) at 50 CFR 17.95. Additionally, we are withdrawing the proposed rule to designate new critical habitat for the Arizona DPS of the pygmy-owl (67 FR 7103, November 27, 2002). The Arizona DPS of the pygmy-owl was listed as endangered on March 10, 1997 (62 FR 10730), and critical habitat was designated on July 12, 1999 (64 FR 37419). On January 9, 2001, a coalition of plaintiffs filed a lawsuit with the District Court of Arizona challenging the validity of our listing of the pygmy-owl as a DPS and the designation of its critical habitat. After the District Court remanded the designation of critical habitat (National Association of Home Builders et al. v. Norton, Civ.-00-0903-PHX-SRB), we proposed a new critical habitat designation on November 27, 2002 (67 FR 7103). Ultimately, as a result of this lawsuit, the United States Court of Appeals for the Ninth Circuit issued an opinion on August 19, 2003, stating that "the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy" (National Association of Homebuilders v. Norton, 340 F.3d 835, 852 (9th Cir. 2003)). In light of the Ninth Circuit's opinion, we have reassessed the application of the DPS significance criteria to the Arizona population of the pygmy-owl. Based on a review of the available information and science, the public comments received during the public comment period, and our DPS policy, we do not believe that the Arizona DPS of the pygmy-owl qualifies as an entity that can be listed under the Act.
This rule is effective May 15, 2006.
The administrative record for these actions is available for inspection, by appointment, during normal business hours at the Arizona Ecological Services Office, 2321 West Royal Palm Road, Suite 103, Phoenix, Arizona 85021-4951.Start Further Info
Steve Spangle, Field Supervisor (see ADDRESSES) (telephone 602/242-0210; facsimile 602/242-2513).End Further Info End Preamble Start Supplemental Information
The cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) is in the order Strigiformes and the family Strigidae. It is a small bird, approximately 17 centimeters (cm) (6.75 inches (in)) long. Males average 62 grams (g) (2.2 ounces (oz)), and females average 75 g (2.6 oz). The pygmy-owl is reddish brown overall, with a cream-colored belly streaked with reddish brown. Color may vary, with some individuals being more grayish brown. The crown is lightly streaked, and a pair of black/dark brown spots, outlined in white, occurs on the nape suggesting "eyes." This species lacks ear tufts, and the eyes are yellow. The tail is relatively long for an owl and is colored reddish brown with darker brown bars (Proudfoot and Johnson 2000). The pygmy-owl is primarily diurnal (active during daylight) with crepuscular (active at dawn and dusk) tendencies. These owls can be heard making a long, monotonous series of short, repetitive notes, mostly during the breeding season (Proudfoot and Johnson 2000).
The pygmy-owl is one of four subspecies of the ferruginous pygmy-owl. It occurs from lowland central Arizona south through western Mexico to the States of Colima and Michoacan, and from southern Texas south through the Mexican States of Tamaulipas and Nuevo Leon. Only the Arizona population of the pygmy-owl was listed as an endangered species (62 FR 10730; March 10, 1997).
Historically, pygmy-owls were recorded in association with riparian woodlands in central and southern Arizona (Bendire 1892; Gilman 1909; Johnson et al. 1987). Plants present in these riparian communities included cottonwood (Populus fremontii), willow (Salix spp.), ash (Fraxinus velutina), and hackberry (Celtis spp.). However, recent records have documented pygmy-owls in a variety of vegetation communities such as riparian woodlands, mesquite (Prosopis velutina and P. glandulosa) bosques (woodlands), Sonoran desertscrub, semidesert grassland, and Sonoran savanna grassland communities (Monson and Phillips 1981; Johnson and Haight 1985; Proudfoot and Johnson 2000) (see Brown 1994 for a description of these vegetation communities). While native and nonnative plant species composition differs among these communities, there are certain unifying characteristics such as (1) the presence of vegetation in fairly dense thickets or woodlands, (2) the presence of trees, saguaros (Carnegiea giganteus), or other columnar cacti large enough to support cavities for nesting, and (3) elevations below 1,200 meters (m) (4,000 feet (ft)) (Swarth 1914; Karalus and Eckert 1974; Monson and Phillips 1981; Johnsgard 1988; Enriquez-Rocha et al. 1993; Proudfoot and Johnson 2000). Large trees provide canopy cover and cavities used for nesting, while the density of mid- and lower-story vegetation provides foraging habitat and protection from predators and contributes to the occurrence of prey items (Wilcox et al. 2000).
Distinct Vertebrate Population Segment
We must consider a species for listing under the Act if available information indicates that such an action might be warranted. "Species" is defined by the Act as including any subspecies of fish and wildlife or plants, and any distinct vertebrate population segment of fish or wildlife that interbreeds when mature (16 U.S.C. 1532(16)). We, along with the National Marine Fisheries Service (National Oceanic and Atmospheric Administration—Fisheries), developed the Policy Regarding the Recognition of Distinct Vertebrate Population Segments under the Endangered Species Act (DPS Policy) (61 FR 4722, February 7, 1996) to help us in determining what constitutes a DPS. Under this policy, we use three elements to assess whether a population under consideration for listing may be recognized as a DPS: (1) Start Printed Page 19453Discreteness of the population in relation to the remainder of the species to which it belongs; (2) the significance of the population segment to the species to which it belongs; and (3) the population segment's conservation status in relation to the Act's standards for listing.
A population segment may be considered discrete if it satisfies either one of the following conditions: (1) Marked separation from other populations of the same taxon resulting from physical, physiological, ecological, or behavioral factors, including genetic discontinuity; or (2) populations delimited by international boundaries within which differences in control of exploitation, management of habitat, conservation status, or regulatory mechanisms exist that are significant in light of 4(a)(1)(D) of the Act. If a population is considered discrete under one or more of the above conditions, its biological and ecological significance is assessed. Measures of significance may include, but are not limited to, the following: (1) Persistence of the discrete population segment in an ecological setting unusual or unique for the taxon; (2) evidence that loss of the discrete population segment would result in a significant gap in the range of the taxon; (3) evidence that the discrete population segment represents the only surviving natural occurrence of the taxon that may be more abundant elsewhere as an introduced population outside its historical range; and (4) evidence the discrete population segment differs markedly from other populations of the taxon in its genetic characteristics.
If a population segment is discrete and significant, its evaluation for endangered or threatened status will be based on the Act's definitions of those terms and a review of the factors enumerated in section 4(a). "Endangered" means the species is in danger of extinction throughout all or a significant portion of its range. "Threatened" means the species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range.
The Ninth Circuit's opinion held that we did not arbitrarily find the Arizona pygmy-owl to be discrete because differences in conservation status exist across the international boundary between the United States and Mexico. We argued that in this case the term "conservation status" means "the number of individuals left in the population." We found that conservation status differs because there are differences in the number of owls on either side of the border. The court deferred to our interpretation of the term "conservation status" and stated, "We conclude that 'conservation status,' as used in the discreteness test, is a term of art that lends itself to interpretation by the FWS" (CV 00-0903 SRB). The Ninth Circuit's opinion stated that we did not articulate a rational basis for finding that the discrete population is significant to the taxon, but did not actually rule on whether the DPS is significant. Instead the 9th Circuit remanded the decision of significance, and that is the issue which is addressed in this finding.
Previous Federal Action
Previous Federal actions for the Arizona pygmy-owl DPS can be found in our proposed delisting rule that published in the Federal Register on August 3, 2005 (70 FR 44547). That information is incorporated by reference into this final rule.
Summary of Comments and Recommendations
In the August 3, 2005, proposed delisting rule (70 FR 44547) and associated notifications, we invited interested parties to submit comments or information that might contribute to the final delisting determination for this species. The public comment period closed October 3, 2005. We contacted and sent announcements of the proposed delisting rule to appropriate Federal and State agencies, county governments, scientific organizations, and other interested parties. We established an Internet email address for electronic submittal of comments and hearing requests by any party. We received three requests to hold a public hearing, and we held a public hearing on September 20, 2005, in Tucson, Arizona. We received a total of 578 written and oral comments from interested parties. Of this total, 540 of the comments expressed either support or opposition to the proposed delisting without providing any substantial information that would contribute to the final determination. Of these, 16 parties expressed support for the proposed delisting, while 523 parties indicated their opposition to the proposed rule. Thirty-eight commenters provided substantial comments related to our determination, which are either incorporated or addressed in the following summary.
General Comments Issue 1: Basing the Determination on Science
(1) Comment: Several commenters stated that the proposal to delist the pygmy-owl is being driven by politics, not by science.
Our Response: Our reevaluation of the pygmy-owl listing focuses on compliance with our DPS policy and the court's order. We considered and used the best available scientific and commercial information that existed at the time of and since the listing. Public comments were considered and used to the extent that they fell within the scope of our reevaluation. The available scientific information related to the pygmy-owl was considered. However, we were unable to determine that any of this information substantiated a finding that the Arizona DPS of the pygmy-owl is significant to the taxon as a whole (see analysis below). Therefore, we are unable to conclude that the pygmy-owl is an entity that qualifies for listing under our DPS policy.
(2) Comment: The proposed rule ignores the best available science, as well as the recommendation of the Service's own biologists as found in a white paper prepared in December 2003.
Our Response: As indicated in our previous response, we used all available scientific information related to the pygmy-owl during our reevaluation of the significance criteria. This included information we had at the time of listing, as well as all information generated since then. A substantial amount of information was also provided to us during the public comment period. Not all of the information submitted was pertinent to our reevaluation of the significance of the Arizona DPS of the pygmy-owl to the taxon as a whole, but we evaluated and used where appropriate all of the information that was pertinent to this issue. The white paper prepared by Service biologists in December 2003 was developed to synthesize all available information that related to determining whether the Arizona DPS of the pygmy-owl satisfied the significance criteria outlined in our DPS policy. This information was considered during our reevaluation of the significance issue. The white paper made no determination of the significance of the Arizona population to the rest of the taxon as a whole. A good deal of the information we reviewed, including the white paper, included discussions related to pygmy-owl issues of a broader context than the Arizona DPS and were not pertinent to our consideration of the significance of the Arizona DPS.
General Comments Issue 2: Unique Ecological Setting
(3) Comment: We received comments both supporting and opposing the notion that pygmy-owls occupy a Start Printed Page 19454unique ecological setting in the Sonoran Desert.
Our Response: Following our reevaluation of all the available information pertinent to this issue, we were unable to conclude that the Arizona DPS of the pygmy-owl occurs in a unique ecological setting. While the Sonoran Desert may make up a relatively small portion of the overall range of the pygmy-owl, the Arizona DPS does not occupy the only area of Sonoran Desert within the range of the taxon.
General Comments Issue 3: Gap in the Range of the Species
(4) Comment: Some parties indicated that they felt the loss of the Arizona DPS of pygmy-owls would create both a genetic gap and a geographic gap in the range of the species. They felt that the loss of the Arizona DPS would result in the loss of genetic variability in the taxon. Other commenters argued that no such gap would be created by the loss of the Arizona DPS of the pygmy-owl. Some commenters indicated that we should consider the percentage of Sonoran Desert occupied by the Arizona DPS versus the total area of Sonoran Desert occupied by the pygmy-owl, including Mexico, when determining if a gap would occur in the range of the taxon.
Our Response: Based on our review of the available information on the genetics of the pygmy-owl, we concluded that the loss of the Arizona DPS would not result in a genetic gap within the taxon (see analysis below). We conducted a refined analysis of the current and historical range of the pygmy-owl and concluded that the contribution of the Arizona DPS to the current (approximately 5 percent) and historical (approximately 12 percent) range of the taxon was not significant. The issue regarding the contribution of the Arizona DPS to the range of the pygmy-owl within Sonoran Desert areas is not pertinent to the question at hand. Per our DPS policy and the 9th Circuit's opinion, we must consider the contribution of the Arizona DPS to the entire range of the taxon.
General Comments Issue 4: Significance of the Arizona DPS as a Peripheral Population
(5) Comment: We received comments both supporting and opposing the significance of the Arizona DPS as a peripheral population, occurring at the northern extent of its range.
Our Response: It is well documented that species at the periphery of their range are less common and more irregular in their occurrence than at the core of their range. However, the mere occurrence of a population at the edge of its range does not, in itself, reduce the significance of that population. Significance does not rely simply on the numerical contribution of a peripheral population. Peripheral populations, even those with reduced numbers, may be significant to the taxon as a whole through contributions to genetic variability, environmental adaptation, and supplying emigrants to other populations. The Arizona DPS of the pygmy-owl may well contribute to the taxon as a whole in these ways, but our review of the available information does not adequately support a determination that this contribution is significant (see "Delisting Analysis" below).
General Comments Issue 5: Genetics of the Pygmy-Owl in Arizona, Texas, and Mexico
(6) Comment: An extension or reopening of the comment period was requested so that genetic information about to be published by Dr. Glenn Proudfoot could be considered in our determination.
Our Response: Our review of Dr. Proudfoot's work indicates that the information that he will soon publish is related more to the broad issue of pygmy-owl genetics across the entire range of the taxon and does not provide any additional information that shows a marked genetic difference between the Arizona DPS and other portions of the pygmy-owl range. No new information related to the Arizona DPS is presented that is not already found in Proudfoot and Slack 2001, which is available to the public and cited in our proposed rule. We did not rely on any of the work within Dr. Proudfoot's unpublished papers in making our determination. Therefore, we do not believe that reopening the public comment period after Dr. Proudfoot's work is published will provide any new information that would contribute to our determination.
(7) Comment: Another party indicated that work by Dr. Proudfoot could not legally be considered in our determination until it had been made available to the public.
Our Response: For the reasons described in our previous response, we did not rely on Dr. Proudfoot's unpublished work to make our determination.
(8) Comment: Dr. Proudfoot provided comments recommending that the Service should recognize current biological information and ascertain the distribution of what seems to be a genetically fragmented population in Arizona and Sonora prior to delisting the pygmy-owl.
Our Response: Dr. Proudfoot's comments indicated some genetic differentiation is occurring in south central Sonora, Mexico. As a result, he recommends that pygmy-owls in Sonora and Arizona be considered a separate conservation unit from pygmy-owls throughout the remainder of the western population. However, Dr. Proudfoot's comments included no additional information showing that the genetic makeup of the Arizona DPS differs markedly from other pygmy-owls within the western population.
(9) Comment: We should only be considering the significance of the Arizona DPS in relation to the western population because it has been shown that the eastern and western pygmy-owl populations are genetically different.
Our Response: Information found in Proudfoot and Slack (2001) does indicate that there is a marked genetic difference between the eastern and western populations of the pygmy-owl. However, we have not determined that these two populations are separate listable entities under the Act (species, subspecies, or DPS), and therefore, separate taxons. Accordingly, as required by our DPS policy, we evaluated whether the Arizona DPS is significant in relation to the taxon as a whole.
(10) Comment: There is not a marked genetic difference between pygmy-owls in Mexico and Arizona, and the loss of the Arizona DPS would not result in a decrease in genetic variability.
Our Response: Following a review of all the available information related to pygmy-owl genetics, we determined that the Arizona DPS of the pygmy-owl does not differ markedly in its genetic makeup from other pygmy-owls within the western population. Current information indicates some genetic differentiation occurring within Arizona and within the state of Sonora in Mexico. However, none of this information indicates that this differentiation is a marked genetic difference. Nonetheless, the Arizona DPS of the pygmy-owl does contribute to the genetic variability within the taxon and the loss of the Arizona DPS would result in the loss of some genetic variability within the species. However, we have determined that, because there is not a marked genetic difference, the contribution of the Arizona DPS is not significant to the taxon as a whole.Start Printed Page 19455
General Comments Issue 6: Additional Threats to the Pygmy-Owl in Arizona and Mexico, Including Drug Smuggling, Illegal Immigration, Law Enforcement Activities, Urban Development, Invasive Non-Native Species, and Fire
(11) Comment: A number of commenters provided information showing that pygmy-owls and pygmy-owl habitat in Arizona are being affected by drug smuggling, illegal immigration, law enforcement activities, urban development, and fire.
Our Response: These comments are related to threats and impacts to the pygmy-owl that would be appropriate for an analysis of the five factors outlined in the Act's standard for listing and which are considered in determining whether a listable entity is endangered or threatened. These comments do not inform our determination of the significance of the Arizona DPS of the pygmy-owl. We have determined that the Arizona DPS of the pygmy-owl is not a listable entity and, therefore, the five-factor analysis related to the Act's standard for listing is not relevant.
(12) Comment: The introduction of invasive, non-native grass species and a changing fire regime is resulting in the conversion of native vegetation communities in both Sonora, Mexico, and Arizona to habitats that are not suitable for the pygmy-owl.
Our Response: As we indicated in our response to the previous comment, these are issues that are related to the five factors we consider in determining if a listable entity is endangered or threatened and not in determining the significance of the Arizona DPS.
General Comments Issue 7: Application of the Service's DPS Policy
(13) Comment: Commenters indicated that our evaluation of the significance of the Arizona DPS of the pygmy-owl is not restricted to the factors listed in the proposed rule. They argue that the significance of the Arizona DPS to the population of pygmy-owls in the United States should be considered.
Our Response: While our DPS policy does indicate that factors related to significance other that those discussed in the proposed rule can be considered, the 9th Circuit's opinion clearly stated that considering the significance of the Arizona DPS of the pygmy-owl to just the United States was not appropriate.
(14) Comment: The Service's DPS policy needs to be revised to conform to the intent of the Act and the DPS policy.
Our Response: As indicated in the 9th Circuit's opinion, the revision of the Service's DPS policy is not the issue at hand.
(15) Comment: Commenters indicated that the Act cannot control the management or protection of the pygmy-owl in Mexico and that we should not have to rely on Mexico for protection of this species. Rather, we should protect it in the United States, where the Act has authority.
Our Response: Under the Act, it is possible to list and afford the protections of the Act to species that occur outside of the boundaries of the United States. However, we also acknowledge our limitations in prescribing and implementing conservation actions in other countries. Cooperative management of endangered species in coordination with other countries is a high priority within our agency. However, as discussed in our previous response, the 9th Circuit's opinion clearly stated that we cannot narrow our analysis of significance to just the United States. We must consider whether the Arizona DPS of the pygmy-owl is significant to the taxon as a whole.
General Comments Issue 8: Relationship of the Proposed Delisting to the 9th Circuit's Opinion and Other Court Cases
(16) Comment: The courts did not strip the Arizona DPS of its endangered status; therefore the Service should not be proposing delisting. The courts upheld the Service's determination of discreteness and did not find that the Arizona DPS was not significant.
Our Response: The courts have upheld our determination of the discreteness of the Arizona DPS. However, the 9th Circuit's opinion clearly stated that our determination of the Arizona DPS of the pygmy-owl was arbitrary and capricious because we were unable to articulate the significance of this DPS to the taxon as a whole. The District Court of Arizona remanded the listing of this DPS to us for reconsideration in light of the 9th Circuit's opinion. We have reconsidered our determination using the information available at the time of the listing, information related to pygmy-owls that has been generated since the listing, and public comments received during the public comment period. We have determined that the Arizona DPS of the pygmy-owls does not meet the criteria for significance as contained in our DPS policy (see "Delisting Analysis" below).
(17) Comment: The proposed delisting appears to be contrary to court rulings related to the tiger salamander in California, the gray wolf in Vermont and Oregon, and the green sturgeon in California.
Our Response: The cases mentioned have no bearing on determining the significance of a DPS and set no precedent that is pertinent to our determination.
(18) Comment: It is illegal to consider new information in making our determination. If new information is considered, the issue of discreteness should be revisited by the Service.
Our Response: The Arizona District Court order specifically indicated that we could consider information related to the pygmy-owl that has been generated since the listing in 1997. The courts upheld our determination of the discreteness of the Arizona DPS. No information was presented during the public comment period that compelled us to reconsider our determination of discreteness.
General Comments Issue 9: Effect of the Delisting on Local Conservation Planning Efforts
(19) Comment: A number of commenters were concerned that if the pygmy-owl is delisted, the work of local communities will be undermined with regard to ongoing conservation planning efforts.
Our Response: To the contrary, absent the protections of the Act, we believe that these local conservation efforts are even more important and can make significant contributions to the conservation of the pygmy-owl in Arizona. This final rule in no way diminishes the Service's mission to conserve fish and wildlife resources for the benefit of the American people. Our determination is the result of further analyses concerning our DPS policy and the direction of the courts. We continue to support the conservation of the pygmy-owl using all available conservation tools. We will continue to work in coordination with local entities to complete the ongoing conservation planning efforts. In addition, we will look for opportunities to use other tools, such as candidate conservation agreements, to further the conservation of the pygmy-owl. We will continue to coordinate with the Arizona Game and Fish Department and other pygmy-owl researchers in implementing conservation activities for this species.
General Comments Issue 10: Information on the Historical Distribution, Current Numbers, Habitat Preferences, Population Trends, etc., as Basis for a "Not Significant" Determination
(20) Comment: Some parties provided extensive information on the historical distribution, current numbers, habitat preferences, population trends, etc., in support of a "not significant" Start Printed Page 19456determination and the delisting the Arizona DPS of the pygmy-owl.
Our Response: The information provided (some of which are documents not previously in the Service's record on this action) does not constitute significant new information relevant to our determination. Much of the content involves issues, data, analyses, and discussions that have been debated since the listing of the Arizona DPS during recovery planning and other processes associated with the pygmy-owl. For example, the issues of historical occurrence of the pygmy-owl in riparian vs. desert scrub communities, the interpretation of historical data, current vs. historical range and associated population numbers, the contribution to the overall population of pygmy-owls in Tucson and northward as compared to those closer to Mexico have all been debated during the development of the draft recovery plan, as well as critical habitat proposals. There has been a history of scientific disagreement regarding the interpretation of this information. Since our rationale for a "not significant" determination is provided elsewhere in this final rule, and because we do not believe this information is pertinent to our determination, we do not address these comments here.
General Comments Issue 11: Numbers of Pygmy-Owls Outside of Arizona
(21) Comment: Some parties indicated that the additional pygmy-owls located in Mexico since the listing in 1997 support the idea that the Arizona DPS is not significant.
Our Response: As stated in a previous response, the significance of a population is not solely related to the numbers of individuals within that population. Populations may be significant to the taxon as a whole through contributions to genetic variability, environmental adaptation, and supplying emigrants to other populations. The Arizona DPS of the pygmy-owl may well contribute to the taxon as a whole in these ways, but our review of the available information did not indicate that this contribution is significant (see "Delisting Analysis" below).
(22) Comment: The numbers of pygmy-owls in Mexico are also declining, making the pygmy-owls in Arizona more significant to the taxon.
Our Response: Information submitted during the public comment period included one study that showed a short-term decline in the number of pygmy-owl responses along the U.S./Mexico border. We considered this study in determining whether loss of pygmy-owls in northern Sonora, Mexico, would result in Arizona pygmy-owls occupying a unique ecological setting (i.e., a desert habitat); however, we did not find this to be the case (see "Delisting Analysis" below). This information is more relevant to a discussion concerning the status of an entity, in other words, whether the entity is threatened or endangered under the definitions in the Act. The question at issue for us was whether the Arizona population of pygmy owl is a valid listable entity under the DPS policy. Since we determined that the discrete population was not significant to the taxon as a whole, we are not required to evaluate the status and therefore this information is irrelevant to our determination.
(23) Comment: Other commenters stated that, even though the pygmy-owl appears to be more common in Mexico than in Arizona, this does not reduce the significance of the Arizona population because of ongoing issues in Mexico, including the invasion of natural vegetation communities by non-native species; the loss of soil organic carbon, soil litter and vegetative cover; more intense drought effects, including higher nighttime minimum temperature increasing evapotranspiration; and increased fire.
Our Response: As stated in previous responses, these threats would be considered in an evaluation of threatened or endangered status if we had determined that the Arizona DPS was a listable entity under the DPS policy.
General Comments Issue 12: Other DPS Configurations
(24) Comment: The Service should consider a DPS configuration for all Sonoran Desert areas, including Sonora, Mexico.
Our Response: While we have initiated some work to evaluate the potential of other DPS configurations through the development of the December 2003 white paper, we note that we did not receive any new information during the open comment period. Additional biological research and evaluation of existing data are needed to determine whether a different DPS configuration could be delineated consistent with our DPS policy and whether such an entity would merit consideration for listing.
Delisting Analysis
Application of the Significance Criteria to the Pygmy-Owl in Arizona
In the discussion below we evaluate the significance of the Arizona DPS in light of our DPS policy and the Ninth Circuit's ruling in this case. We considered the best available scientific information and public comments in this analysis. Thus, information known at the time of the listing of the pygmy-owl, as well as information obtained subsequently, was considered.
(1) Persistence of the discrete population segment in an ecological setting unusual or unique for the taxon.
Approximately 80 percent of the historical distribution of the pygmy-owl falls within biotic communities classified as Forest, Woodland, or Scrubland communities. This includes pygmy-owls of southern Texas south through the Mexican states of Tamaulipas and Nuevo Leon, which occupy mesquite forest, riparian forest, thorn forest, tropical deciduous forest, heavy riparian forest, and areas more tropical in nature, including cypress groves (Cartron et al. 2000; Proudfoot and Johnson 2000; Leopold 1950). It also includes areas in southern Sonora, Sinaloa, and Nayarit where pygmy-owls occur within the tropical Sinaloan thornscrub and Sinaloan deciduous forest community types and associated riparian communities (Leopold 1950; Brown 1994; Phillips and Comus 2000).
Approximately 20 percent of the historical distribution, including pygmy-owls in Arizona, south through western Mexico and into the state of Sonora, falls within drier, desert-like communities, including Desertlands and Grasslands. In Arizona, the pygmy-owl is found within Sonoran Desert scrub or Semidesert Grassland biotic communities and associated riparian and xeroriparian (dry washes) communities (Cartron et al. 2000; Proudfoot and Johnson 2000). In northern Sonora, Mexico, the ecological setting in which the pygmy-owl is found exhibits similar ecological conditions to the range of the Arizona pygmy-owl with regard to vegetation, climate, soils, etc. (Leopold 1950; Brown 1994; Phillips and Comus 2000; http://mexicochannel.net/maps/vegetation.gif; http://mexicochannel.net/maps/fauna.gif; http://mexicochannel.net/maps/soils.gif; http://mexicochannel.net/maps/temperatures.gif; http://mexicochannel.net/maps/climates.gif).
Approximately 45 percent of the pygmy-owl range supporting these desert-like communities occurs in Arizona, with the remainder occurring in Sonora, Mexico. These numbers indicate that, while the area of Desertland and Grassland communities occupied by pygmy-owls within their overall range is considerably less than the wetter, more tropical vegetation Start Printed Page 19457communities, Arizona does not support the only, or even a majority, of these biotic communities within the historical range of the pygmy-owl.
In northern Sonora, Mexico, millions of acres of Sonoran Desert and thornscrub are being converted to buffelgrass (Pennisetum ciliaris) which represents both a direct and an indirect loss of habitat because of invasion into adjacent areas and increased fire frequency and intensity (Burquez-Montijo et al. 2002). This conversion of habitat may ultimately result in the creation of an ecological setting in northern Mexico that is very different than the Sonoran desert scrub currently found in Mexico and Arizona. However, in determining the significance of the Arizona DPS, we must consider the current conditions occupied by the species. The direct and indirect threats associated with the conversion of Sonoran desert scrub to exotic grasslands is more appropriately considered under the determination of endangered or threatened status rather than the significance of the DPS. We find that there is not adequate information to indicate that Arizona pygmy-owls occupy an ecological setting differing enough from pygmy-owls in northern Sonora, Mexico, to be considered unique for the taxon.
(2) Evidence that loss of the discrete population segment would result in a significant gap in the range of the taxon.
In the listing rule (March 10, 1997; 62 FR 10730), we found that the gap in the range of the taxon through loss of the Arizona pygmy-owls would be significant because it would (a) decrease the genetic variability of the taxon; (b) reduce the current range of the taxon; (c) reduce the historical range of the taxon; and (d) extirpate the western pygmy-owls from the United States.
With regard to genetic variability, factor (a) above, in our listing rule we were able to determine genetic distinctness between western and eastern pygmy-owls; however, we did not have evidence of genetic differences between pygmy-owls in Arizona and northwestern Mexico. Proudfoot and Slack (2001) found that there were distinct differences between pygmy-owls in Arizona and Texas. Their work also showed genetic differences between pygmy-owls in eastern and western Mexico. Dr. Proudfoot has conducted considerable work on pygmy-owl genetics since the 2001 report. However, he has presented no new information that would indicate that pygmy-owls in Arizona differ markedly in their genetic makeup from other pygmy-owls within the western population.
Genetic divergence tends to occur at the periphery of a species' range (Lesica and Allendorf 1995). The peripheral nature of the Arizona pygmy-owls may increase the potential for the population to diverge from populations in Sonora and Sinaloa, Mexico at some point in the future. However, significance must be judged based on the current facts regarding the species, not on future possibilities. Because there is currently no indication that pygmy-owls in Arizona are genetically distinct from those in northern Sonora, we have no evidence to suggest that the contribution of the Arizona DPS to the genetic diversity of this species as a whole is significant.
With regard to factor (b), a reduction in current range, the court looked to other DPS rules and findings published by the Service. In particular, the court looked at the Service's DPS listing of the northern bog turtle (November 4, 1997, 62 FR 59605) and the 12-month finding for the yellow-billed cuckoo in the western continental United States (July 25, 2001, 66 FR 38611). In summary, the court found that determining a gap to be significant based on the curtailment of a taxon's current range requires the loss of a geographic area that amounts to a substantial reduction of a taxon's range. In this case, the taxon's (Glaucidium brasilianum cactorum) range includes both the western and eastern pygmy-owl populations, occurring from lowland central Arizona south through western Mexico to the States of Colima and Michoacan, and from southern Texas south through the Mexican states of Tamaulipas and Nuevo Leon. As stated in the 1997 listing rule, Arizona pygmy-owls would only represent a small percentage of the total range of the taxon. Our reevaluation of the current distribution of the pygmy-owl indicates that Arizona makes up approximately 5 percent of the entire range. We do not believe that this is sufficient evidence to support a determination that loss of Arizona pygmy-owls represents a substantial reduction in the taxon's range based on the geographic area which would be lost. Therefore we find that the geographic area of the current range that would be lost, in and of itself, is not significant.
The current range of the pygmy-owl in Arizona could also be significant if the population in Arizona is numerous or constitutes a significant percentage of the total number of pygmy-owls within the taxon, the loss of which would be a significant gap in the population. However, pygmy-owls in Arizona are not numerous, nor do we believe that they represent a significant percentage of the pygmy-owls within the taxon. We do not find that the numbers of pygmy-owls in Arizona, both currently and historically, represent a basis for determining that the loss of the Arizona DPS would result in a significant gap in the population numbers of the taxon as a whole.
With regard to factor (c) above, we found in our listing rule that the gap would be significant because the loss of the Arizona pygmy-owls would reduce the historical range of the taxon. We found this to be true because the Arizona population is at the periphery of the western pygmy-owls' historical range, and that this peripheral population was always a stable portion of that range. We do believe that protection and management of peripheral populations may be important to the survival and evolution of species. Maintaining genetic diversity within the western population and the taxon as a whole is even more important in the face of documented land use changes, primarily effects from converting native vegetation to agricultural crops and buffelgrass pastures for livestock grazing, in Mexico (Burquez and Martinez-Yrizar 1997). Peripheral populations often persist when core populations are extirpated (Channell and Lomolino 2000a, 2000b; Lomolino and Channell 1995). In the face of changing environmental conditions, what constitutes a peripheral population today could be the center of the species' range in the future (Nielsen et al. 2001). Peripheral populations survive more frequently than do core populations when species undergo dramatic reductions in their range (>75 percent; Channell and Lomolino 2000a). However, the court found that this factor alone does not make Arizona a "major geographical area" in the western pygmy-owl's historical range.
Arizona makes up only about 12 percent of the historical range of the pygmy-owl, and we do not find that the loss of 12 percent of the historical range represents a significant geographic area. We found no information indicating that the population of pygmy-owls found in this 12 percent of the historical range made contributions to the entire taxon that were unique to Arizona. We have not found sufficient information to indicate that the contribution of this historical proportion of the range contributes to the long-term survival of the species. Additionally, as noted above, we also do not have evidence that the historical range of the pygmy-owl in Arizona supported a marked genetic difference between Arizona pygmy-owls and pygmy-owls in western Mexico. Because we found that the 12 Start Printed Page 19458percent of the pygmy-owl's historical range found in Arizona does not constitute a major geographic area, nor does it, as a peripheral population, contribute significantly to the overall genetic diversity of the species, we are unable to determine that the loss of the Arizona DPS would represent a significant gap in the range of the pygmy-owl based on the reduction of the historical range.
With regard to (d) above, we determined that a gap would be significant because it would deprive the United States of its portion of the western pygmy-owl's range. The Ninth Circuit rejected this argument as a misconstruction of this criterion. The court found that in designating a DPS under the DPS policy, we must find that a discrete population is significant to the taxon as whole, not to the United States. We determined in our listing rule that Arizona pygmy-owls represented only "a small percentage" of the total range of the western pygmy-owls. As noted above, the taxon includes both the western and eastern pygmy-owl populations, occurring from lowland central Arizona south through western Mexico to the States of Colima and Michoacan, and from southern Texas south through the Mexican States of Tamaulipas and Nuevo Leon. We do not believe that we have sufficient evidence to support a determination that the Arizona pygmy-owls represent a significant portion of the geographical range of the taxon in light of the court's finding that we can not rely on the value of the United States' portion of the range in applying the DPS policy.
(3) Evidence that the discrete population segment represents the only surviving natural occurrence of the taxon that may be more abundant elsewhere as an introduced population outside its historical range.
This criterion does not apply to the pygmy-owl.
(4) Evidence the discrete population segment differs markedly from other populations of the taxon in its genetic characteristics.
As discussed above, a marked difference between the eastern and western pygmy-owl population segments has been documented, but no information exists that provides evidence to support that there is a marked genetic difference between pygmy-owls in Arizona and the rest of the western population of pygmy-owls.
Effects of the Final Rule
This action removes the Arizona DPS of the pygmy-owl from the List of Endangered and Threatened Wildlife. The prohibitions and conservation measures provided by the Act no longer apply to this species. Federal agencies are no longer required to consult with us on their actions that may affect the pygmy-owl and to insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of the pygmy-owl. At this time we can't speculate about the future of lands conserved through previous section 7 consultations. The conservation of those lands will depend upon the mechanisms by which they were conserved and the purpose of the conservation. Federal agencies are also relieved of their responsibilities under section 7(a)(1) of the Act to use their authorities to further the conservation of the pygmy-owl. Additionally, we will not finalize the designation of critical habitat nor will we complete a final recovery plan. The critical habitat designation for the pygmy-owl, as described in 50 CFR 17.95, is removed.
Currently, we provide technical assistance to the public to minimize effects from non-Federal projects to the pygmy-owls and their habitat. We will likely no longer receive these types of requests.
Permitted scientific take as a result of surveys and research will likely continue to be regulated by the State of Arizona, Arizona Game and Fish Department, and will be considered in the context of potential effects to population stability.
Future Conservation Measures
The 1988 amendments to the Act require that all species delisted due to recovery be monitored for at least five years following delisting. The pygmy-owl is being delisted because it fails to meet the criteria outlined in our DPS policy and, therefore, does not qualify as a listable entity. Therefore, no monitoring period following delisting is required.
Required Determinations
Paperwork Reduction Act
OMB regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act, require that Federal agencies obtain approval from OMB before collecting information from the public. Implementation of this final rule does not include any collection of information that requires approval by OMB under the Paperwork Reduction Act.
National Environmental Policy Act (NEPA)
We have determined that Environmental Assessments and Environmental Impact Statements, as defined under the authority of the National Environmental Policy Act of 1969, need not be prepared in connection with regulations adopted pursuant to section 4(a) of the Endangered Species Act of 1973, as amended. A notice outlining our reasons for this determination was published in the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of references cited in this final rule is available from the Arizona Ecological Services Field Office (see ADDRESSES).
The primary authors of this document are staff located at the Arizona Ecological Services Office (see ADDRESSES).Start List of Subjects
List of Subjects in 50 CFR Part 17
- Endangered and threatened species
- Exports
- Imports
- Reporting and recordkeeping requirements
- Transportation
Regulation PromulgationStart Amendment Part
Accordingly, we hereby amend part 17, subchapter B of Chapter I, title 50 of the Code of Federal Regulations, as set forth below:End Amendment Part Start Part
PART 17—[AMENDED]End Part Start Amendment Part
1. The authority citation for part 17 continues to read as follows:End Amendment Part
2. Amend § 17.11(h) by removing the entry for "Pygmy-owl, cactus ferruginous" under "BIRDS" from the List of Endangered and Threatened Wildlife.End Amendment Part
3. Amend § 17.95(b) by removing designated critical habitat for "Cactus Ferruginous Pygmy-Owl (End Amendment Part Start Signature
Dated: April 3, 2006.
H. Dale Hall,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 06-3470 Filed 4-13-06; 8:45 am]


text:
What got you started?
Getting a violin from my parents when I was four years old. It was the smallest, cheapest instrument they could find.
What was your big breakthrough?
Winning the gold medal at the Tchaikovsky Competition in 1982. It meant I could defect to the west, because my name was known. I defected to Sweden, and got political asylum in the US.
Who or what have you sacrificed for your art?
My childhood. I have been 100% focused on the violin since the age of four; aged six, I even took my violin on holiday to practise three hours a day.
What one piece of music would feature on the soundtrack to your life?
Any of Maria Callas's Italian arias. She was one of the greatest musicians who ever lived.
Have you done anything cultural lately?
I saw the film The Lives of Others recently, set in East Germany under communism. I was afraid it would remind me too much of life in the Soviet Union; it did, but it was fascinating for that reason.
Are you fashionable?
Yes, but I don't follow fashion blindly. I embarrass my children because I like to experiment with clothes.
Do you suffer for your art?
Of course - I'm Russian.
What's your favourite film?
Indian film-maker Satyajit Ray's Apu trilogy. It's very touching.
What's your favourite building?
My London home. We built it ourselves over seven years using natural materials.
What's the greatest threat to music today?
Money. When classical musicians are under pressure to be marketed, their art dies.
Complete this sentence: at heart I'm just a frustrated ...
Gypsy violinist. I would have loved to play Gypsy music well: it's so emotional and free.
What advice would you give a young musician just starting out?
Learn how to practise. It's not about the time you spend with your instrument, but about the quality of your practice.
What cultural tip would you give to a tourist about Britain's arts scene?
Check out London's new South Bank Centre. The acoustic in the Festival Hall is much better, and its surroundings are wonderful.
What's the best advice anyone ever gave you?
A friend once said to me: "Hope for the best, be prepared for the worst, and take what comes." I realised I was already doing that.
Is there anything about your career you regret?
Never working with conductor Carlos Kleiber. He performed very rarely, but he was an absolute genius.
In short
Born: Moscow, 1959
Career: Studied at the Central Music School in Moscow. Moved to the west after winning several international awards. Her recording of the Bach sonatas with harpsichordist Ottavio Dantone is out now on Onyx.
High point: "Performing at the Last Night of the Proms last September."
Low point: "Being turned down by Harrison Parrott management agency in 1984. I was told I'd never make it."

subset: commoncrawl


text:
Laboratory A
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Washignton - The state of Texas has scheduled ten executions in 30 days, a record in the southern state that is already the US leader in capital punishment, having put more than 400 people to death in 30 years.
Tuesday, Joseph Ray Ries, 29, became the first of the ten. He was administered a lethal injection as final punishment for the 1999 murder of a 64-year-old man.
"Even for Texas, this amount of execution in so short time is unusual," said Rick Halperin, president of the Texas Coalition to Abolish the Death Penalty.
It is not unusual for 16 executions to be on the calendar in Texas, as they currently are, through March 11. What is unusual is that ten of those will happen between October 20 and November 20.
Bobby Woods is scheduled to die on Thursday, Eric Nenno on October 28, Gregory Wright the 30th, Elkie Taylor on November 6, George Whitaker on November 12, Denard Manns on November 13, Eric Cathey on November 18, Rogelio Cannady on November 19, Robert Hudson on November 20.
Execution dates are set by the judges who presided over juries that pronounced a death sentence, a spokesperson for the Texas Department of Criminal Justice explained.
"The frequency with which executions are scheduled is dependent on when the judges from courts across the state set those dates," Michelle Lyons said.
"Because they act independently of one another, there are some months when a number of executions are scheduled and other months when there are few or none scheduled," as is the case in December, she added.
Last words...
Final meal, last cigarette, last words... the ritual marches along with regularity in the Huntsville, Texas execution chamber, the busiest in the US.
The ten condemned men join 416 executed in Texas since the US Supreme Court reinstated the death penalty in 1976.
Texas alone has performed a third of all executions carried out in the US over the last three decades, including 12 so far this year.
By comparison, Virginia - the number two executioner in the US - has conducted 102 since 1976.
For anti-death penalty activists, "it is very frustrating," Halperin said.
"It is very difficult work, but this is where the work is needed, this is where the struggle is. This is the worst place of the free world for execution, this is not just the worst place for America," he said of Texas.
Halperin claimed that "judges are very happy to get rid of these people as quickly as possible". He described a sort of year-end catch-up following a moratorium on executions across the USs from September 2007 to May 2008, while the Supreme Court weighed and ultimately validated the constitutionality of lethal injection.
"The judges definitely want these executions to occur, they are very supportive of killing people here," he said. "This is a historical and sociological tradition of killing people in the name of the law."
Toxic cocktail
But the 375 inmates on Texas Death Row are above all a reflection of criminal law prior to 2001, he said.
Before the state revised such laws in 2001, a defendant could be represented by a divorce lawyer with no experience in criminal prosecutions, and judges were not required to instruct juries of alternative punishments such as life in prison without parole, he said.
Nine of the ten to die this month were sentenced prior to 2001.
Over the next month, Texas prison personnel will be conducting their task of injecting a toxic cocktail into the veins of condemned men every three days on average, prison spokesperson Jason Clark acknowledged.
"It can be difficult but this is something that is required of us," he said.


text:
Itau's Real Sale Shows Overseas Cost Advantage: Brazil Credit
Itau Unibanco Holding SA's first overseas Brazilian real-denominated bond sale in more than three years is highlighting the cost advantage of borrowing abroad versus issuing debt locally.
Itau, Brazil's largest bank by market value, sold 500 million reais ($290.8 million) of five-year international real debt last week to yield 10.5 percent, 180 basis points less than similar-maturity Brazilian government bonds offered locally.
Overseas real bond sales surged to a record this year after President Luiz Inacio Lula da Silva imposed a 6 percent tax on foreigners' bond investments to curb a rally in the real. Local issuers of real debt abroad can use proceeds to buy the government's higher-yielding bonds without incurring the levy. The yield gap shows how Lula's decision to tax foreign investor dollar flows is opening up "arbitrage" possibilities for Brazilian borrowers, according to Nomura Securities Inc.
"This is what happens when governments try to do these capital controls but begin to pick and choose the flows," Tony Volpon, a Latin America strategist at Nomura in New York, said in a telephone interview. "People just arbitrage the stuff. It's a consequence of badly thought out government policy. You're going to see many deals."
Investor demand for local-currency debt sold internationally is rising as they seek higher-yielding alternatives to near-zero interest rates in the U.S., Europe and Japan. Peru sold $1.5 billion of bonds denominated in soles on Nov. 10, the biggest issue of local currency debt by a Latin American government. Colombia, the Philippines and Brazil have also sold bonds denominated in their own currencies this year, while Russia is planning an international ruble debt sale.
Tripling of Tax
Itau's offering pushed overseas real debt sales to $10.9 billion this year, almost double the $5.5 billion issued in 2007, according to data compiled by Bloomberg. The Sao Paulo- based bank sold the bonds a month after the government tripled the tax on foreign investors' fixed-income purchases to stem the real's two-year, 39 percent rally and rein in a current-account deficit that swelled to an annual record of $47 billion.
At 10.5 percent, the yield on Itau's real bonds is below Brazil's benchmark overnight rate, known as Selic, of 10.75 percent. Itau's press office in Sao Paulo said it couldn't comment on the offering because the transaction hasn't been closed. The yield on the government's 10 percent bond due in 2015 was 12.3 percent on Nov. 19.
The tax has sparked foreign-investor demand for international real bonds because it allows them to profit from the world's second-highest benchmark rate while sidestepping the levy. Only Croatia has higher inflation-adjusted rates among 46 countries tracked by Bloomberg.
'Take Advantage'
"By creating these taxes and putting regulations you create segmented markets out there which allow people to take advantage of certain opportunities," Pablo Cisilino, who helps manage $14 billion in emerging-market debt at Stone Harbor Investment in New York, said in a telephone interview. "Some guys can take the opportunity to do that. Some guys that are smaller cannot. So in reality the country's worse off. But some guys are better off."
Investment banks have sold a record $1.6 billion of overseas real-linked bonds this year, topping the $1.4 billion issued in all of 2007, according to Bloomberg data.
Morgan Stanley, the sixth-largest U.S. bank by assets, sold 575 million reais of 10-year bonds abroad to yield 11.5 percent, according to Bloomberg data. Mary Claire Delaney, a spokeswoman for the New York-based bank, said in an e-mail that Morgan Stanley doesn't comment on its debt sales.
InBev Sale
Anheuser-Busch InBev NV, the world's biggest brewer, raised 750 million reais in an overseas offering this month. The company, based in Leuven, Belgium, paid a yield of 9.75 percent on the securities.
"Given the recent developments in the Brazilian real market with respect to foreign exchange and rates, there is a good opportunity for such a transaction," Marianne Amssoms, a spokeswoman for InBev, wrote in an e-mailed statement. The sale "is in line with a commitment to manage the maturities of our debt" and "aligning the currencies of our debt with our operating cash flows," she wrote.
The real fell 0.4 percent to 1.7216 per dollar at 5:31 p.m. New York time.
The extra yield investors demand to hold Brazilian government dollar bonds instead of U.S. securities widened 6 basis points to 183, according to JPMorgan Chase & Co.
Default Swaps
The cost of protecting Brazilian debt against non-payment for five years with credit-default swaps climbed 3 basis points to 111, according to data compiled by CMA DataVision. Credit- default swaps pay the buyer face value in exchange for the underlying securities or the cash equivalent should a government or company fail to adhere to its debt agreements.
Yields on Brazil's interest-rate futures contract due in January 2012 rose 11 basis points to 11.77 percent.
Stone Harbor's Cisilino said overseas real bonds sold by banks are unattractive because they yield less than local government debt.
"There's other ways to get access to the local market," Cisilino said in a telephone interview. "Why would you buy a corporate bond below where the sovereign trades?"
Banco Bradesco SA, Brazil's second-largest bank by market value, withdrew an offering of five-year real-linked bonds on Nov. 16 after concern a debt crisis in Europe was worsening sparked a drop in global markets.
VTB Bank, a unit of Russia's second-largest bank, plans to sell five-year real-linked debt overseas, according to a person familiar with the transaction who declined to be identified because terms aren't set. BTG Pactual and VTB Capital are arranging the sale, the person said.
'Window Open'
More real-linked offerings are likely, according to Nomura's Volpon.
"They've left this other window open, and now various banks, companies, very credit-worthy institutions are going to go through that window and issue bonds to meet demand," he said. "It's very emblematic that Itau is issuing below Selic."
Growing investor demand for overseas real bonds is giving companies an additional avenue to diversify funding, said Fabianna Del Canto, who works on the emerging-markets syndicate desk at Barclays Plc in London.
"It's raised our collective awareness that this market is growing," said Del Canto, who helped manage the InBev offering with Deutsche Bank AG and Itau. When global corporations look at financing themselves, "the real hasn't been one of the markets that's been part of that dialogue or thought process -- and all of a sudden it is," she said.
To contact the reporter on this story: Gabrielle Coppola in New York at email@example.com
To contact the editor responsible for this story: David Papadopoulos at firstname.lastname@example.com


text:
Contino is an eclectic roots music band from Las Vegas, Nevada. The talent and synergy of the five highly accomplished musicians create an awesome sound and show experience. With their unique mixture of influences and instrumentation they have crafted a lively and distinctive mixture of blues, Americana, rockabilly, and zydeco. The quintet's unique mixture of roots music style has earned rave reviews a nd an ever-growing fan base in both North America and Europe. With the release of their new Blind Pig CD, Back Porch Dogma, the acclaim and fan base are sure to grow. Contino was formed in 2009 with a mission of writing songs that are "outside the box, yet authentic." All the band members were involving in writing the nine original compositions on Back Porch Dogma. To see Contino is often like watching a train rolling at high speed down a mountain. It's frenetic, exhilarating, and you might often wonder if it's about to run off the tracks - but it never does. The band's interaction with each other is almost instinctive; trading solos between each of the members, the band looks and sounds fluid, as if every song has taken on its own meaning. The only giveaway is when you catch them laughing and grinning. These guys have almost as much fun playing as the audience does watching and listening. This thing really does move and shake along the tracks - like a smooth locomotive.
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Global Franchise Magazine has named Walter Bond to its "Top 20 Keynote Speaker" list. The list honors corporate keynote speakers "known for talking compellingly on franchising and allied topics."
Walter Bond is "an undoubted star of the speaker circuit," reports the announcement, noting that "his mastery of two different global industries has made him an authority on peak performance. Bond has delivered his entertaining and dynamic message to companies and associations throughout the United States, Canada, Mexico, the Caribbean and Europe." Known for "pulling crowds," Walter Bond synthesizes proven performance principles with a powerful delivery that leaves a lasting impression.
About Walter Bond
This honor stands as the latest recognition for Mr. Bond as an internationally renowned corporate keynote speaker. He was previously named a Top Ten Motivational Speaker by eSpeakers in 2015.
Walter began building his reputation as a corporate speaker, consultant, and performance expert after concluding a career in the National Basketball Association, where he played for the Dallas Mavericks, Detroit Pistons, and Utah Jazz.
Walter Bond has built his career on an in-depth understanding of peak performance methodologies, consulting with industry leaders including Accenture, Blue Cross/Blue Shield, The Dwyer Group, Allianz, Amway, GNC, Hilton, Medtronic, UPS Store, Radio Shack, Red Robin. Known for a powerful presentation that illuminates practical strategies for employees and executives alike, Mr. Bond engages enterprises as both a keynote speaker and corporate coach.
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Free SEMNE Passes
November 5, 2008
SEMNE (Search Engine Marketing New England) is offering High Rankings Advisor Newsletter subscribers 6 free passes to the November 18, 2008 networking event in Providence, RI featuring Nick Gerner from SEOmoz (one of the developers of the much talked about "Linkscape" project). The event is entitled "Inside the Black Box: How Search Engines Rank Web Pages" and will be held at the Providence Marriott from 6:30 to 9 PM. Along with the presentation, there will be lots of time for networking with your fellow search marketers, including me and the rest of the High Rankings team.
If you'd like a chance at one of the passes, here's what you'll need to do:
1. Create a free SEMNE login.
(If you already have a SEMNE login, you can skip this step.)
2. Forward your High Rankings Advisor newsletter to semne AT semne.org.
These steps will automatically enter you in the drawing. (Only one entry per person, please.)
The free pass is transferable to someone else as well as to SEMNE's January 20, 2009 event in Newton, MA "Google AdWords Best Practices."


text:
Re: Benjamin, 1770, Md.
In reply to:
Re: Benjamin, 1770, Md.
Barbara Maloney 7/25/01
Barb -
I am sorry but I do not have any further information on John Cullen.On reviewing this forum throughly there is an individual - Ed Bregenzer - who seems to have vast resources on the Otwell lines perhaps he can help you.Again Best of Luck!Holly


text:
UK, Northampton
Got a call from +44 1604 310968? Report unwanted calls and help to identify who and why is calling from this number. Phone number was last reported on: 20 Feb 2017.
Latest Comments
alan ward20 Feb 2017Received call from this number at 22:54 on 20/2/17 caller hung up on answering. Called number and got recorded message saying call is most important and to stay on the line. THESE PEOPLE SHPOILD BE PROSECUTED. - caller: NO DETAILS
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text:
Bertrandt Wolfsburg Supports New Passat Development
At the beginning of February, the first pictures of the new Passat were given an enthusiastic reception in the automotive world. As from March 2005, the best seller has been out on Europe's roads. Bertrandt Wolfsburg played a role in the development of "the most comfortable Passat of all times". The Bertrandt team collaborated on projects with the Volkswagen development department and with a range of system partners. Services from Bertrandt's extensive range were tailor-made to ensure that they met the individual requirements of each customer optimally.
Carefully designed electronics
The vehicle had to accommodate more than 3.5 km of cable to ensure the correct functioning of the electrical system. A number of new electronic features presented a challenge for Bertrandt. These included the new "coming home" and "leaving home" functions, which offer the driver the safety of additional lights at the push of a button when getting into or out of the vehicle in the dark. The electronic handbrake, which is also operated at the push of a button, is another sixth-generation innovation.
Space had to be found for the numerous cables, connectors and protectors. Bertrandt had been working with the main system supplier in this area for more than five years, before starting the joint project for the new Passat. The technical CAD support provided by the Bertrandt team for this project was another collaborative milestone. The tasks included creating wiring diagrams, developing a wiring kit package and investigating the available installation space, to ensure that everything run smoothly right through to the start of production.
Bumpers developed to improve pedestrian safety<//strong>
The Bertrandt team was responsible for developing the bumpers for the variant and saloon models right through to planning release. For the next stage of development until the start of production, Bertrandt was chosen as partner by the system suppliers Rehau and Peguform.
With the input of extensive expertise and innovative ideas, a bumper system was produced that met the design and technology requirements. The close proximity of the developers had a positive impact; during the one-year development period, Rehau moved into Bertrandt's premises. As part of the joint project with Volkswagen's technical development team, the latest European pedestrian safety guidelines, which are coming into effect as from October 2005, were taken into account. In future, new models in crash tests must demonstrate that pedestrians are better protected in the event of an impact.
The Bertrandt vehicle safety team provided additional support by designing the head impact areas on the vehicle bonnet. The EEVC WG17 and Japanese NCAP guidelines were taken into account for the head, lower leg and upper leg impact areas
Interior developed in collaboration with system suppliers
Bertrandt actively worked together with system partners on developing the seats, including, for example, the drawer and storage compartments under the seat and the fire extinguisher mounting. Bertrandt engineers carried out package tests of the seat air conditioning and monitored the quality requirements.
The foam seat cushions for the front and rear seats were also produced by Bertrandt. The team developed all the design variants for the Trendline, Comfortline, Comfortline Leather, Highline and Sportline models from the concept phase right through to productionThe thermoplastic carpet, which acts as sound insulation, combines environmental awareness with the quality standards of cars from the upper mid-sized sector. The carpet, which has cotton fibre padding, has excellent sound insulation properties and is made mainly of recycled materials. The Bertrandt team was responsible for designing the shape of this acoustic component, taking into account all model variants, including right-hand drive versions.
Component endurance testing
Another part of the project involved testing the doors and tailgates using Bertrandt's own testing equipment, which is certified by Volkswagen. The endurance tests of the doors and tailgates consisted of more than 100 000 load-cycle changes under different climatic conditions. The equipment and electronics/electrics were included in the same test process. Bertrandt also met the challenge of incorporating and coordinating the tests of the "door assembly" departments in order to save costs.
Virtual testing of the front end and interior of the car
The virtual car is playing an ever more important role in the development process. During the development of the new Passat, the Wolfsburg team, together with the type approval managers from Volkswagen, provided virtual testing for the virtual front end of the car with all its assemblies and drive components. The team was also responsible for testing the function, the installation space and the wide range of variants of the entire interior in the virtual car.
Integrating the sunroof
Bertrandt Wolfsburg was also given the assignment of integrating the Volkswagen sunroof into the new model range. The assignment included positioning and designing the roof cutout and the gutter and the concept development and design of the sunroof reinforcement frame.
Read interesting reports in our customer magazine 'Bertrandtmagazin'.
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text:
Pages 26-35
Survey of London Monograph 10, Morden College, Blackheath. Originally published by Guild & School of Handicraft, London, 1916.
This free content was digitised by double rekeying and sponsored by English Heritage. All rights reserved.
In this section
SIR JOHN MORDEN was born in the year 1623. The following entry appears in the Registers of St. Bride's Church, Fleet Street:—
(fn. 1) Christenings in Auguste 1623.
John, Sonn to George Morden hys wyef Martha. Daye 13. (fn. 2)
His father, George Morden, was son of Robert Morden of Thurlow, Suffolk, and Anne, daughter of Thomas Soame of Botley, Norfolk, and sister of Sir Stephen Soame. (fn. 3)
He died just over a year after his son's birth, an entry of his burial in the Registers of St. Bride's Church, on the 28th August 1624, de scribing him as "Housekeeper and Working Fellow, free, also Goldsmith." (fn. 4) In his will made a day or so prior to his death, i.e. on the 24th August 1624, and proved the 7th September following, he directs his body "to be buried in the church of St. Bride's, Fleet Street, as near as may be to my late wife." From this we may conclude that Sir John's mother died soon after his birth, although I have been unable to find any record of her death or burial.
In a Register of Pedigree prepared at the Visitation of London in 1664 and preserved at the College of Arms (fn. 5) the maiden name of Sir John's mother is given as Mary. This document bears Sir John Morden's signature.
According to Cockayne's "Complete Baronetage" (fn. 6) his father and mother were married in October 1619, but a search in the Registers of St. Bride's proves that the ceremony did not take place there.
Sir John had one sister Mary, but nothing is known of her, and it is presumed that she died in childhood. The two children were each left a sum of £450 by their father, to be paid them on reaching the age of 21. The pedigree, mentioned in footnote on page 26, compiled by Robert Laurie, Norroy King of Arms, and dated 31st May 1850, is given on the next page, and will show his other relations.
On the 31st May 1662, in his 39th year, Sir John married by special licence Susan, daughter of Joseph Brand of Edwardstone in Suffolk. Of his circumstances at this date we have no knowledge, but it seems probable that his marriage, if it was not the outcome of his business relationships, was the means of assisting his commercial career. His brother-in-law, Sir Samuel Barnardiston, Bart., the future deputy Governor of the East India Company, who married Lady Morden's eldest sister Thomasin, came of a family engaged in the Levant trade, and was residing at Smyrna in 1649 as agent for the Turkey Company. Several members of the Brand and Barnardiston families intermarried, and they both came from Suffolk, whence also came Sir John's father and grandfather. Members of both families come into prominence in the history of the administration of Morden College.
At the time of his marriage Sir John is stated to be of the parish of St. Martin Outwich, and he seems to have retained the same business premises during his lifetime. In the Little London Directory of 1677 (fn. 7) occurs the name of John Morden, merchant, Bishopsgate Street, and in his will Sir John Morden left £3 to the poor of the parish of St. Martin Outwich. (fn. 8) The actual position of the premises occupied by him has not yet been discovered, but those of Sir Samuel Barnardiston are shown on Ogilby and Morgan's well-known map of London, published in 1677. (fn. 9) Sir Samuel's house was in Bishopsgate Street Within, near Cornhill, and abutted, at the rear, upon Merchant Taylors' Hall, being reached by a passage between two of the houses or shops that occupied the street frontage. It is possible that Sir John at one time had his counting house in part of his friend's building; but he must subsequently have owned or taken on lease other premises which may have combined residence and business premises, for in his private account books for later years occur receipts of rent from Sir Thomas Rolt for "ye chamber" and from John Wynde for "ye warehouses." (fn. 10)
At what date Sir John Morden became a member of the Turkey Company, of which he was at one time a director, has not as yet been ascertained. He was later a member of the East India Company, in whose books his name has been found, from 1667 to 1696, and held the position of a "Committee," i.e., one of the Company's 24 directors, in the years 1667–70, 1672, 1674–77, and 1679–82. (fn. 11) Strype, in his edition of Stow's "Survey of London," (fn. 12) states that Sir John brought with him a fair estate from Aleppo, but although there is ample evidence in his business accounts, of trading voyages carried out on his behalf to Surat, Cadiz, and other places, and also of his ownership of vessels engaged in foreign trade, we do not know that he actually left England himself.
An interesting story, which has gained wide currency, not only credits him with a long stay at Aleppo, but gives a picturesque account of the loss and recovery of his fortune which induced Sir John Morden to found his College for decayed merchants. The account is probably, and indeed in many of its details almost certainly, apocryphal, but it may be given in the words of H. W. Smith, who was for 53 years treasurer of the College and published some important materials for its history:—
" A detailed version of the circumstances attending the loss and recovery of his property is preserved in the following tradition said to have been current in the College about sixty years ago [This was written in 1867]: After residing many years at Aleppo Sir John Morden shipped the whole of his merchandise on board three of his ships and sent them on a trading voyage after which they were to proceed to the Port of London. As Sir John Morden now intended to settle in England he embarked the rest of his property and family on board a vessel bound for London. Here he arrived in safety, expecting to receive some account of his missing ships. But year after year passed away without any tidings of them till they were finally given up for lost.
"Sir John Morden was now reduced to such an extremity of poverty that he was obliged to take service with a tradesman and was employed to call upon his customers for their orders. It so fell out that while waiting in the hall of a gentleman's house he overheard him reading a newspaper and suddenly exclaiming: Here is an astonishing circumstance. Three ships have just arrived richly laden supposed to have been lost, for they have not been heard of for ten years or more.
"Sir John instantly ran into the city to learn further particulars, when he found that they were his own long-lost vessels. In the joy and gratitude of the moment he made a vow that he would build an asylum for decayed merchants that none might hereafter be reduced to the extreme penury which he had endured himself. Thus was the disaster, so grievous and mysterious in its first visitation, converted by the over-ruling providence of God into a sevenfold blessing."
Seven years after Sir John's marriage he purchased, on 7th July 1669, the estate of Wricklemarsh, in the parish of Charlton, for the sum of £4,200. This property, now covered with houses and known as the Blackheath Park Estate, comprised much of the site of the present village of Blackheath. (See also page 39.)
John Morden's purchase of Wricklemarsh set him up as a county gentleman, and his social position was made secure by the acquirement, under patent dated 20th September 1688, of a baronetcy, which was presumably obtained by purchase from James II. only just before his abdication. The arms granted to him were Argent a fleur-de-lys Gules, being those of Simon Morden, Mayor of London, 1369, with whom, however, he had not necessarily any affinity.
Sir John appears to have been employed by King William as one of the distributors of his bounty for the relief of the French Protestant refugees, as is evidenced by a receipt dated 31st December 1689 for £1,000, preserved at the Bodleian Library. (fn. 13) He was in 1691 appointed a Commissioner of Assize and (according to Treasurer Smith) (fn. 14) a Justice of the Peace and of the Quorum for the county of Kent. His trading with foreign parts was evidently in full swing in 1693. In that year (23rd October) he applied for permission to import a cargo of cochineal which was forbidden in the Navigation Acts of 12 Charles II.; but the permission was (3rd November 1693) refused by the Treasury. (fn. 15)
Dr. Lansdell has also brought to light an important document now preserved at the Record Office, being an Indenture of Sale, 18th May 1694, relating to the purchase by Sir John Morden for £4,975 18s. 8d. of certain reversionary interests in property forming part of the jointure of Queen Catherine of Braganza. The rents were derived from property in Essex and Norfolk of amounts varying from 1d. to £59 5s.; and one includes a pound of pepper. The net amount of these rents appears to have been £207 12s. 7½d. after paying for way-leaves, etc. The writer suggests the possibility that Sir John purchased these rents in order to qualify as a candidate for election as a burgess, for on the 12th November 1694 a warrant was issued for electing a burgess for the borough of Colchester. The candidates were Sir John Morden, Sir Isaac Rebow, Sir Thomas Cooke, and Dr. Harrison.
Sir John was returned with a majority of six on 22nd October 1695. The parliament ensuing was summoned on the following 22nd November and dissolved on 7th July 1698. On the 29th November after his return, however, a petition was presented by the burgesses of Colchester alleging certain illegalities and irregularities in the election of Sir John and challenging the right of some of those who had voted for him, with the result that a Committee of Privileges, after examining witnesses and consulting the Poor Books (persons in receipt of relief not being eligible to vote), reported that Sir John was not duly elected and declared Sir Thomas Cooke as the elected burgess for Colchester. The report was noted and passed, and on 26th March 1696 Sir John's brief parliamentary career ended. It may be mentioned that Sir John's name appears among the M.P.'s who formed an association to protect the King's life.
Treasurer Smith (fn. 16) states that Sir John Morden seems to have been defeated in a subsequent election in 1708, and the "Dictionary of National Biography" says that he represented Colchester from 1695 to 1698. But Dr. Lansdell's quotations from the Journals of the House of Commons seem to discredit both statements.
Reference has already been made (fn. 17) to Sir John's connection, as treasurer and trustee, with Bromley College, which, commencing in 1693, ended in 1698, although certain matters connected with his trusteeship were not finally settled until after his death.
Before he entered Parliament Sir John was appointed one of the Commission for a Survey of the King's Manor of Greenwich. This was formed to define the boundaries and encroachments of the manor, on 24th February 1695, and after two years' labour—on 26th May 1697 —it made its report, illustrated by a plan (fn. 18) which is preserved at the Office of Woods and Forests at Whitehall, and bears among other signatures that of Sir John Morden. It shows the reputed manor of Old Court, mentioned below, and still the principal possession of the College.
From 1695, at which date the building of Morden College began, to the date of Sir John's decease he appears, apart from his work in connection with the survey of the Manor of Green wich and his trusteeship of Bromley College, to have devoted his time to the completion of his own Foundation and the arrangements necessary to ensure its continuance in perpetuity. The purchase of the lease of the manor of Old Court, Greenwich, from the widow of Sir William Boreman, as a part of its endowment, and his subsequent acquirement of the freehold so that the income might be perpetually secured to the College, brought into relation with his Foundation a property of considerable interest, the history of which from its grant, inter alia, by Ælfrida, the daughter of Alfred the Great, to the Abbot of the Benedictine monastery of St. Peter at Ghent in the year 918 has been dealt with very exhaustively by Dr. Lansdell in his history of the Charity. (fn. 19)
It was in 1698 that Sir John Morden bought from Lady Boreman the remainder of her lease of Old Court for £9,000. On 1st November 1699 he purchased the reversion of the freehold from William III. subject to a fee-farm rent of £6 13s. 4d. The transaction included the purchase, also at fee-farm, of Sedgwick Park, Sussex, and cost Sir John a further payment of £2,000.
Sir John Morden died on 6th September 1708 in his 86th year. The entry in the College Register of Burials under the above date runs thus:—"The Honble Sir John Morden Bart (the pious and worthy Founder of this College for Decayed Merchants) Died, and was interred in his Vault in ye Chappel belonging to ye said College, Septrye 20th. Funeral service being performed by Sam. Asplin, a.m. and Chaplain to the Sd College." The certificate of Sir John Morden's funeral and descent at the College of Arms states that he died at Wricklemarsh and that there "his body (being set out with all the Trophies befitting his degree) remained until Monday evening the twentieth of the said month, and then, it being accompanied by many of his relations, and the principal gentlemen his neighbours, and others, was solemnly interred in a vault under the Chancel of his Chappel, belonging to the College, near Blackheath." Some of the trophies referred to in this document are preserved in the chapel and the dining-hall, and have already been described in dealing with these parts of the College.
Sir John's last years were spent chiefly in setting a sure foundation to the work which was to be the crowning effort of his life and which has caused his name to be continually and gratefully remembered. He superintended the erection of the College, completed its endowment, and guided the first years of its existence. The events connected with this period are more particularly described under Chapter IV., and his will is given in full, together with the regulations which he left for the government of the members.
Lady Morden.
Lady Morden survived her husband thirteen years and died on 26th June 1721, at the age of 83. As sole executrix of his will and one of the trustees of the College she was called upon to direct the charity during this period, concerning which the reader is referred to Chapter IV. Her family, however, assumes a further importance in the College history, due to Sir John Morden's provision that the offices of chaplain and treasurer should as far as possible be filled from among his own relations or those of his wife. Lady Morden's family connections were numerous, and her relatives have so frequently been engaged in the College administration that a note concerning them appears necessary for purposes of reference.
Susanna, Lady Morden, was the second daughter of Joseph Brand, of Edwardstone Hall, Edwardstone, Boxwood, Suffolk, a J.P. of the county, whose wife, Thomasin, was a daughter of Thomas Trotter, a merchant of London, and by whom he had several sons and daughters. Susanna was born in London, her name appearing in the Register of Baptisms of the parish of St. Dunstan-in-the-East, under date 24th January 1638–9, and in the same register follow the names of a brother, Nathaniel (22nd August 1640), and a sister, Elizabeth(21st July 1641). From this it appears that her father and mother were for some years resident in London, but in 1645 they were at Edwardstone, for the parish registers (which commence in this year) open with the baptism of a younger daughter, Anne, on 1st January.
There is in Edwardstone Church a brass without a date, but apparently of the early 17th century, to the memory of Benjamin Brand, of Edwardstone Hall, and Elizabeth his wife. It is inscribed with the following words (and has engraved upon it effigies of Benjamin Brand, his wife, six sons, and six daughters):—
Memoriae Sacrum
To ye precious memory of
Benjamin Brand of Edwardstone Hal Esq and
Elizabeth his wife
whom when Providence after 35 yeares coniunction divided
death after 12 dayes divorcemt reunited
who leaving their rare examples
To 6 sonnes and 6 daughters
(All nursed with her unborrowed milk)
Blest with poore men's prayres embaulmd w. numerous teares
Lye here reposed.
Three tablets also commemorate:—
John Brand, d. 6 Oct. 1642. Aged 76 (3 sons and 9 daughters).
Joseph Brand, d. 1674. Aged 69 (3 sons and 4 daughters).
Thomas Brand, eldest son of Sir Joseph Brand, d. unmarried 11 Nov. 1705. Aged 31.
Lady Morden's eldest brother became, in 1679, Sir Joseph Brand of Edwardstone, and another brother, Thomas, married Frances Wincoll, of Waldingfield Parva in Suffolk, by whom he had five children. Her elder sister Thomasin married Sir Samuel Barnardiston, M.P., of Brightwell Hall, Suffolk, previously mentioned as a neighbour of Sir John's in Bishopsgate, and in all probability an acquaintance prior to his meeting with Susanna Brand. Her youngest sister Anne, whose baptism has been noted, married as her second husband Sir John Bennett, Serjeant-at-Law, and judge of the Marshalsea Court to whom Sir John Morden left by will £100 in recognition of personal service and also £25 for mourning.
The table on the opposite page has been compiled for purposes of reference; it does not pretend to be complete, but it shows the relationship of several of the officials referred to in this volume. (fn. 20) (fn. 21)


text:
Paul Anka
Beginning his career by entering amateur contests and sneaking into clubs, Paul Anka has gone on to become one of the most prolific and successful songwriters in history. Raised in Ottawa, Paul Anka developed a talent for songwriting through school courses in English and Journalism. Paul originally thought he'd pursue journalism as a career even though he had written songs from a very early age. When he was thrown out of a shorthand class, Anka opted to take music instead.
After winning a contest collecting soup lables, Paul Anka found himself the recipient of a grand prize trip to New York. Sleeping in a hotel bathtub of some fellow musicians, with his songs in hand, he obtained a meeting with Don Costa, an A & R man for ABC Paramount. He played his songs and instantly impressed the seasoned Costa. Shortly thereafter, due to Paul's young age, his parents were flown down and contracts were signed. In 1957, at the age of 16, Paul made his network debut on American Bandstand singing his song, "Diana". Less than four weeks after that appearance, "Diana" would be the Number 1 song on Billboard's charts.
Before he turned 18, he had five Top-20 hits and was a household name. By the late '50s, Paul Anka had established himself as a prolific and successful singer/songwriter, with numerous appearances on American Bandstand, The Perry Como Show and The Ed Sullivan Show. He had toured the United States, Europe and Australia with such notables as Buddy Holly, the Everly Brothers and Jerry Lee Lewis.
In the wake of the British Invasion, the music of Paul Anka remained timely, ushering in such classics as "A Steel Guitar And A Glass Of Wine" and "Love Me Warm And Tender".
With well over 900 songs to his credit, his music has been performed by such greats as Elvis Presley, Barbra Streisand, Tom Jones, Buddy Holly, Linda Ronstadt, The Sex Pistols, Nina Simone, Gypsy Kings, and Robbie Williams - to name a few. In addition, his compositions for other artists has helped catapult their careers: "It Doesn't Matter Anymore" for Buddy Holly, "She's a Lady" for Tom Jones, "Puppy Love" for Donny Osmond and "My Way" for Frank Sinatra. Anka has successfully collaborated with songwriters David Foster, Carol Bayer Sager, Richard Marx, Michael McDonald, Michael Jackson and many others.
Paul Anka also composed music for many memorable films, television programs and advertisements. When Johnny Carson made his debut as host of The Tonight Show in 1962, the Anka-written theme was there, too. Since the debut, the theme song has been performed over 1,400,000 times. In addition to writing the theme music for The Longest Day, for which Mr. Anka was nominated for an Academy Award, Mr. Anka penned the theme music and title song for the motion picture No Way Out starring Kevin Costner. His theme song for Louis Malle's Atlantic City took top honors at the Venice Film Festival. In 2002, a new Japanese television series, titled Golden Bowl, was created around his music, with each episode featuring eight different Paul Anka songs. His music has also been used in some of the biggest commercial campaigns for companies such as Ebay, AXA, Pet Smart and Mercedes Benz.
A man of many talents, Paul Anka has done his fair share of acting in front of the camera, appearing in 3000 Miles to Graceland, Mad Dog Time andThe Longest Day.
Interesting Facts
He is one of the few select artists in history to have a record in Billboard's Top 50 charts for six consecutive decades.