Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Rule to Reclassify the Bald Eagle From Endangered to Threatened

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AC48

Endangered and Threatened Wildlife and Plants; Reopening of

Comment Period on Proposed Rule to Reclassify the Bald Eagle From

Endangered to Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) is reopening the

comment period on the bald eagle reclassification proposal for thirty

days. On July 12, 1994, the Service proposed reclassifying the bald

eagles of the lower 48 States as threatened, except those already

listed as threatened and those of the Southwestern Recovery Region and

Mexico. The bald eagles of the Southwestern Recovery Region were

proposed to remain listed as [[Page 15281]] endangered. The Service

also proposed classifying bald eagles in Mexico as endangered; they are

not currently listed as endangered or threatened. Specific public

comment was solicited on the status of bald eagles in the Southwest and

Mexico and the distinctness of those eagles as a separate population.

New information indicates that the Southwestern and Mexican bald eagles

may not warrant a classification as endangered. The Service is making

available for public review and comment information recently received

about bald eagles of the Southwestern Recovery Region.

DATES: The comment period on the proposal is reopened, effective

immediately, and will close on April 24, 1995.

ADDRESSES: Interested parties may obtain copies of the comments and

other information listed below from the Chief, Division of Endangered

Species, U.S. Fish and Wildlife Service, Bishop Henry Whipple Federal

Building, 1 Federal Drive, Ft. Snelling, Minnesota 55111-4056 (612/725-

3536; fax 612/725-3526). Copies may also be obtained from the State

Supervisor, Arizona Ecological Services State Office, 2321 W. Royal

Palm Road, Phoenix, Arizona 85021 (602/640-2720; fax 602/640-2730).

Send written comments and other materials to the above Ft.

Snelling, Minnesota, Regional Office address. Comments and materials

received will be available for public inspection during normal business

hours, by appointment, at that address.

FOR FURTHER INFORMATION CONTACT: Jody Gustitus Millar, Bald Eagle

Recovery Coordinator, Fish and Wildlife Service, 4469-48th Avenue

Court, Rock Island, Illinois 61201 (309/793-5800; fax 309/793-5804).

SUPPLEMENTARY INFORMATION:

Background

The bald eagle (Haliaeetus leucocephalus) is listed as endangered

under the Endangered Species Act of 1973, as amended (Act), in the

lower 48 States except Washington, Oregon, Minnesota, Wisconsin, and

Michigan, where it is listed as threatened. The bald eagle also occurs

in Alaska and Canada, where it is not at risk and is not protected

under the Act; and in small numbers in northern Mexico. The Service

proposed in the July 12, 1994, Federal Register notice (59 FR 35584) to

reclassify the bald eagle from endangered to threatened in the lower 48

States except in certain portions of the American Southwest and to

classify bald eagles in Mexico as endangered. That notice also stated

that comments and other information received by the Service may lead to

a final regulation that differs from the original proposal, including

the possible complete reclassification to threatened status for all

bald eagles south of Canada.

The Service has received significant new information regarding

Southwestern bald eagles and has re-examined other information.

Existing information at the time of the proposed rule fails to identify

any unique genetic characteristics possessed by the Southwestern bald

eagles. New information indicates that the bald eagles of the

Southwestern Recovery Region and Mexico are not likely to be

reproductively isolated. Evidence of recruitment has recently been

found from the Southeastern Recovery Region into the Southwestern

Recovery Region and Mexico. Unique threats to Southwestern bald eagles

remain, but their significance is diminished in light of immigration

into the population segment.

The Service is now considering reclassifying the eagles of the

Southwestern Recovery Region as threatened, and classifying the bald

eagles of Mexico as threatened. The bald eagle would remain threatened

in the five States where it is currently listed as threatened. This

modified action, if finalized, would not alter those conservation

measures already in force to protect the species and its habitats.

The Federal Register notice announcing the proposed rule opened a

public comment period that ended on October 11, 1994; the deadline for

receipt of public hearing requests was August 26, 1994. Public hearings

were subsequently held, and the comment period was extended in a

September 30, 1994 notice (59 FR 49908) to accommodate them. The

extended comment period closed November 9, 1994. This notice reopens

the comment period for 30 days to allow interested parties to obtain

copies of the following documents and to submit additional comments on

the proposed rule.

References

Driscoll, D.E., R.I. Mesta and J.T. Driscoll. 1993. Population

ecology and demography of bald eagles in Arizona: 1991-1993.

American Eagle Research Institute, Mesa, Arizona 74pp.

Driscoll, Dan (American Eagle Research Institute) 1995. Letter to

U.S. Fish and Wildlife Service, Phoenix, Arizona.

Driscoll, Dan (American Eagle Research Institute) 1995. Letter to

U.S. Fish and Wildlife Service, Rock Island, Illinois.

Mabie, D.W., M.T. Merendino and D.H Reid. 1994. Dispersal of bald

eagles fledged in Texas. Journal of Raptor Research 28(4):213-219.

Montoya, Bill (Director, New Mexico Department of Game & Fish).

1994. Letter to U.S. Fish and Wildlife Service.

Shroufe, Duane. (Director, Arizona Game & Fish Department). 1994.

Letter to U.S. Fish and Wildlife Service.

Spiller, Sam. (State Supervisor, U.S. Fish and Wildlife Service,

Phoenix, Arizona). 1994. Memo to U.S. Fish and Wildlife Service,

Twin Cities, Minnesota.

Author

The primary author of this notice is Jody Gustitus Millar, Bald

Eagle Recovery Coordinator, Fish and Wildlife Service, 4469-48th

Avenue Court, Rock Island, Illinois 61201.

Authority

The authority for this action is the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.).

Dated: March 15, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-7205 Filed 3-22-95; 8:45 am]

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