Endangered and Threatened Wildlife and Plants; Extension of Comment Period and Notice of Public Hearings on Proposed Rule To Remove the Peregrine Falcon in North America From the List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF04

Endangered and Threatened Wildlife and Plants; Extension of

Comment Period and Notice of Public Hearings on Proposed Rule To Remove

the Peregrine Falcon in North America From the List of Endangered and

Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; extension of comment period and notice of public

hearings.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that

the comment period on the proposed rule to remove the peregrine falcon

(Falco peregrinus) in North America from the list of Endangered and

Threatened Wildlife will be extended and that two public hearings will

be held. The extension and hearings will allow all interested parties

to submit oral or written comments on the proposal.

DATES: The comment period for this proposal will be extended an

additional 60 days from November 24, 1998 to January 23, 1999. Comments

must be received by the closing date. Any comments received after the

closing date may not be considered in the final decision on the

proposal. The public hearings will be held from 7 p.m. to 9 p.m. on

December 3, 1998 in Madison, Wisconsin and December 8, 1998, in

Concord, New Hampshire. Both meetings will be preceded by an

informational session from 6 p.m. to 7 p.m..

ADDRESSES: The public hearings will be held at the Madison Area

Technical College, 3550 Anderson Street, Room 129D, Madison, Wisconsin

and the New Hampshire Department of Fish and Game East-West Conference

Room, 2 Hazen Drive, Concord, New Hampshire. Written comments should be

sent to Diane Noda, Field Supervisor, U.S. Fish and Wildlife Service,

Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura,

California 93003. Comments and materials received will be available for

public inspection, by appointment, during normal business hours at the

above Service address.

FOR FURTHER INFORMATION CONTACT: Robert Mesta, at the above Ventura,

California address, phone 805/644-1766, facsimile 805/644-3958.

SUPPLEMENTARY INFORMATION:

Background

On August 26, 1998, the U.S. Fish and Wildlife Service (Service)

published a proposal in the Federal Register to remove the peregrine

falcon (Falco peregrinus) in North America from the List of Endangered

and Threatened Wildlife (63 FR 45446). The Service proposed this action

because the available data indicate that this species has recovered

following restrictions on organochlorine pesticides in the United

States and Canada, protections provided by the Endangered Species Act

of 1973, as amended (Act), and the implementation of successful

management activities, including the reintroduction of captive-bred and

relocated wild hatchling peregrine falcons. Currently, a minimum of

1,388 American peregrine falcon pairs are found in Alaska, Canada, and

the Western United States, and a minimum of 174 peregrine falcon pairs

are found in the Eastern United States. At least 31 peregrine falcon

pairs occur in 6 Midwestern States not covered by the Eastern Peregrine

Falcon Recovery Plan or the two recovery plans for the American

peregrine falcon in the Western United States. Overall productivity

goals were met or exceeded in four American peregrine falcon recovery

plans, and most recovery goals for the eastern peregrine falcon

population have been met.

If made final, the action proposed will remove the American

peregrine falcon (Falco peregrinus anatum) as an endangered species and

will remove the designation of endangered due to similarity of

appearance for any free-flying peregrine falcons within the 48

conterminous States from the List of Endangered and Threatened

Wildlife. The action proposed will remove all Endangered Species Act

protections from all subspecies and populations of Falco peregrinus in

North American. The proposed action will not affect protection provided

to this species by the Migratory Bird Treaty Act (MBTA). The proposal

also includes a proposed minimum 5-year post delisting monitoring

program as required for species that are delisted due to recovery.

Monitoring will include population trends, productivity, contaminant

exposure, and take for falconry.

Pursuant to 50 CFR 424.16(c)(2), the Service may extend or reopen a

comment period upon finding that there is good cause to do so. Full

participation of the affected public in a species' listing or

delisting, allowing the Service to consider the best scientific and

commercial data available in making a

[[Page 65166]]

final determination on the proposed action, is deemed as sufficient

cause.

Section 4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.), requires

that a public hearing be held if it is requested within 45 days of the

publication of a proposed rule. In response to two such requests, the

Service will hold public hearings on the dates and at the addresses

described in the DATES and ADDRESSES sections above. Anyone wishing to

make an oral statement for the record is encouraged to provide a

written copy of their statement and present it to the Service at the

start of the hearing. In the event there is a large attendance, the

time allotted for oral statements may have to be limited. Oral and

written statements receive equal consideration. There are no limits to

the length of written comments presented at the hearings or mailed to

the Service. Legal notices announcing the dates, times, and locations

of the hearings will be published in newspapers concurrently with the

Federal Register notice.

Extension of the comment period will enable the Service to complete

the peer review process for the proposed delisting action. The current

comment period on this proposal closes on November 24, 1998. The

Service is extending the public comment period. Written comments may be

submitted until January 23, 1998, to the Service office in the

ADDRESSES section.

Author. The primary author of this notice is Robert Mesta (see

ADDRESSES).

Authority: The authority for this action is the Endangered

Species Act of 1973, as amended (16 U.S.C. 1531-1544).

Dated: November 18, 1998.

Anne Badgley,

Regional Director, Fish and Wildlife Service.

[FR Doc. 98-31478 Filed 11-24-98; 8:45 am]

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