[Federal Register: October 4, 1999 (Volume 64, Number 191)] [Notices] [Page 53686-53688] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr04oc99-60] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Migratory Bird Permits; Notice of Intent To Prepare Two Management Plans and Environmental Assessments for Take of Wild Peregrine Falcons AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent. ----------------------------------------------------------------------- SUMMARY: The American peregrine falcon (Falco peregrinus anatum) was removed from the protection of the U.S. Endangered Species Act (ESA) on August 25, 1999. The arctic peregrine falcon (F. p. tundrius) was removed from ESA protection in 1994. Due to their special status as recently delisted subspecies, we intend to develop two [[Page 53687]] joint State/Federal management plans to govern take of wild peregrine falcons (F. peregrinus) in the United States. We will prepare Environmental Assessments (EAs) for public review as part of the process. One management plan will address take of peregrine falcon nestlings in the United States. The other will address take of immature peregrines that originate in Alaska, Canada, and Greenland, and migrate through the contiguous United States. These management plans will be developed cooperatively by the Service and the States with input from the governments of Canada, Greenland, and Mexico. Once the plans are completed, the States will be responsible for managing the species within the framework of the plans. Our intent is that these management plans will apply only until the Service and the States agree that special management is no longer warranted. Comments on development of harvest strategies and management plans are solicited and will be considered in development of the plans and associated Environmental Assessments. DATES: Written comments are requested by November 12, 1999. ADDRESSES: Please submit written comments to the Chief, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 634, Arlington, Virginia 22203 (fax: 703/358-2272). FOR FURTHER INFORMATION CONTACT: George Allen, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, at 703/358-1714. SUPPLEMENTARY INFORMATION: Three subspecies of peregrine falcon are recognized in North America: the maritime, or Peale's peregrine (F. p. pealei); the tundra, or arctic peregrine; and the American peregrine. The Peale's peregrine is a year round resident of the coastal areas of western Canada and southern Alaska to the Aleutians. It was never listed as endangered or threatened under the ESA. The arctic peregrine breeds in the northern tundra regions from Alaska across Canada to Greenland. It was listed as endangered, but breeding populations in North America expanded considerably in recent decades, and the subspecies was delisted in 1994 (October 5, 1994; 59 FR 50796). The American peregrine subspecies breeds from the boreal forests of Alaska and Canada south through the western United States and northern Mexico. Numeric recovery goals for breeding pairs in southeastern Canada and the eastern United States have recently been met, and numbers now exceed recovery goals over most of its North American range. We delisted the American peregrine falcon, and removed the similarity of appearance provision for free-flying peregrines in the conterminous states, on August 25, 1999 (64 FR 46542). That action had the effect of eliminating the Endangered Species Act prohibitions against take of wild-caught peregrines for falconry, raptor propagation, scientific collecting, and other purposes permittable under the Migratory Bird Treaty Act. However, except for scientific research, which will be considered on a case-by-case basis, and depredation permits issued for public safety reasons at airports, we have continued the prohibition on take of wild peregrines until we complete management plans to govern harvest. Migrant juvenile peregrines were captured by falconers along the Atlantic coast barrier islands annually for many years prior to 1970, and migrants and nestlings were taken less regularly elsewhere in the United States. Falconers would like the use of wild peregrines to resume now that peregrines have met recovery goals. Although captive- bred peregrines have been available for falconry since 1983, wild peregrines have not been available due to ESA restrictions, except in Alaska where a limited take of Peale's peregrines is allowed, and a limited take of arctic peregrines has been allowed since its delisting. Falconry is regulated under a joint State-Federal permitting system (50 CFR 21.28--21.29). Regulations provide for three progressive classes of falconry permits'apprentice, general, and master falconer'depending on the individual's level of experience. Apprentice falconers may possess only one raptor at a time and may take only certain species, which do not include peregrine falcons. General falconers may possess two raptors at a time and may take no more than two from the wild during any 12-month period. Master falconers may possess three raptors and take no more than two from the wild during any 12-month period. Federal and most State falconry regulations permit the removal from the wild of non-endangered raptors for falconry. In anticipation of high interest in take of wild peregrines for falconry following the delisting of the American peregrine, we have been working with the States to develop harvest criteria that will ensure that recovery achieved under the ESA is sustained and that further population growth is not impeded. We will develop, cooperatively with the States, two management plans. The first plan will deal with take of nestling (eyas) peregrines in the United States. The second plan will deal with take of juvenile migrant (passage) peregrines. Most migrant peregrines will originate in Canada, Greenland, or Alaska. The management plans will include (1) biological criteria for a harvest of peregrine falcons, (2) implementation criteria for the harvest, and (3) procedures for evaluating and adjusting harvest in an adaptive-management framework. The management plans will provide overall guidance for take of peregrines. Within the framework provided by each plan, the States will be responsible for decisions about harvest. To avoid compromising the restoration of peregrine populations in North America, our preliminary objectives for the combined plans are: (1) Protect from harvest to the extent possible, nestling and dispersing juvenile American peregrines from natal areas in eastern Canada and eastern United States. (2) Allow a conservative and sustainable level of take of migrant juvenile peregrines originating from the Alaskan and Canadian arctic and Greenland. (3) Allow a conservative and sustainable level of take of nestling peregrines from healthy populations in the western United States and Alaska. The Environmental Assessments will likely include several alternatives, such as various harvest levels from particular management groups. Possible harvest levels include no take, take of 5 percent or 10 percent of annual production, or no restrictions on take beyond the existing falconry regulations (i.e., no management plan). Because take of nestlings is a United States issue, we expect to complete this plan ahead of the plan for migrants, which will require international coordination with Canada, Greenland, and Mexico. We hope to complete the plan and EA for nestlings by spring and for migrants by fall, 2000, respectively. The Service has a statutory obligation under the ESA to monitor the status of delisted species in cooperation with the States. The purpose of the ESA monitoring plan is to ensure that recovery is sustained. We intend to publish a draft ESA monitoring plan for the American peregrine falcon in the Federal Register in the near future. Take of American peregrines under the MBTA pursuant to the management plans that are the subject of this current notice will be considered during the ESA monitoring program. However, the management plans under MBTA, which will govern take of all North American subspecies of peregrine, and the monitoring plan for the American [[Page 53688]] peregrine subspecies under ESA are otherwise unrelated. Dated: September 27, 1999. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 99-25734 Filed 10-1-99; 8:45 am] BILLING CODE 4310-55-P