Migratory Bird Permits; Notice of Intent To Prepare Two Management Plans and Environmental Assessments for Take of Wild Peregrine Falcons

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.

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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

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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

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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]

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