[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Proposed Rules]
[Pages 34406-34409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16076]




[[Page 34405]]

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Part IV





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Species; American Peregrine Falcon; Proposed 
Rule

  Federal Register / Vol. 60, No. 126 / Friday, June 30, 1995 / 
Proposed Rules   

[[Page 34406]]


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; Advance Notice of 
a Proposal To Remove the American Peregrine Falcon From the List of 
Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Advance notice of a proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) is reviewing the 
status of the American peregrine falcon (Falco peregrinus anatum), 
currently classified as endangered under the U.S. Endangered Species 
Act. Data currently on file with the Service indicate that this 
subspecies has recovered following restrictions on the use of 
organochlorine pesticides in the United States and Canada and because 
of management activities including the reintroduction of captive-bred 
peregrine falcons. Therefore, the Service intends to propose removal of 
the subspecies from the list of endangered and threatened wildlife and 
the critical habitat designation. The Service will also propose to 
remove the similarity of appearance provision that currently exists for 
all free-flying Falco peregrinus within the 48 conterminous States. 
Protection provided to American peregrine falcons by the Migratory Bird 
Treaty Act will not be affected. To ensure that the Service's proposal 
is based on the best available scientific information, the Service 
seeks data and comments from the public.

DATES: Comments from all interested parties must be received by August 
29, 1995 to ensure consideration in the proposed rule.

ADDRESSES: Comments and other materials concerning this notice should 
be sent to Judy Hohman, Acting Field Supervisor, U.S. Fish and Wildlife 
Service, Ecological Services, Ventura Field 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 address.

FOR FURTHER INFORMATION CONTACT: Robert Mesta at the above address 
(Phone: 805/644-1766).

SUPPLEMENTARY INFORMATION:

Background

    The American peregrine falcon (Falco peregrinus anatum) occurs 
throughout much of North America, from the subarctic boreal forests of 
Canada and Alaska south to Mexico. It nests from central Alaska, 
central Yukon Territory, and northern Alberta and Saskatchewan, east to 
the Maritimes and south (excluding coastal areas north of the Columbia 
River in Washington and British Columbia) throughout Canada and the 
United States to Baja California, Sonora, and the highlands of central 
Mexico. The central Canadian provinces of Saskatchewan and Manitoba, 
and the central United States, including North and South Dakota, 
Nebraska, Kansas, Oklahoma, and Texas outside of Trans-Pecos, have 
historically contained relatively few nesting American peregrine 
falcons. Thus, the plains area of the continent effectively separates 
the more suitable nesting habitat and historically dense nesting areas 
of temperate eastern and western North America. Birds that nest in 
subarctic areas generally winter in South America, while those that 
nest at lower latitudes exhibit variable migratory behavior or are 
nonmigratory (Yates et al. 1988).
    Peregrine falcons declined precipitously in North America following 
World War II (U.S. Fish and Wildlife, 1993). Research implicated 
organochlorine pesticides, particularly the pesticide DDT (dichloro 
diphenyl trichloroethane) applied in the United States and Canada 
during this same period as causing the decline (for a review, see 
Risebrough and Peakall 1988). Use of these chemicals peaked in the 
1950's and early 1960's and continued through the early 1970's. 
Organochlorines can affect peregrine falcons either by causing direct 
mortality or by adversely affecting reproduction by causing egg 
breakage, addling, hatching failure, and abnormal reproductive behavior 
by the parent birds (Risebrough and Peakall 1988). DDE, a metabolite of 
DDT, prevents normal calcium deposition during eggshell formation, 
resulting in thin-shelled eggs that are susceptible to breakage during 
incubation.
    During the period of DDT use in North America, shell thinning and 
nesting failures were widespread in peregrine falcons, and in some 
areas successful reproduction virtually ceased (Hickey 1969). As a 
result, there was a rapid and significant decline in the number of 
peregrine falcons in many areas of North America. The degree of 
exposure to these pesticides varied by region, and peregrine falcon 
numbers in more contaminated areas suffered greater declines. Those 
that nested outside of agricultural and forested areas where DDT was 
heavily used were affected less, although some individuals wintered in 
areas of pesticide use and presumably all individuals ate some 
migratory prey containing organochlorines (for reviews, see Hickey 
1969; Kiff 1988). Peregrine falcons nesting in the agricultural and 
forested areas east of the Mississippi River in the United States and 
in eastern Canada south of the boreal forest were the most heavily 
contaminated and were essentially extirpated by the mid-1960's (Berger 
et al. 1969).
    Due to population declines of American peregrine falcons, the 
Service, in 1970, listed this subspecies as endangered under the 
Endangered Species Conservation Act of 1969 (P.L. 91-135, 83 Stat. 
275). American peregrine falcons were included in the list of 
threatened and endangered foreign species on June 2, 1970 (35 FR 8495), 
and were included in the United States list of endangered and 
threatened species on October 13, 1970 (35 FR 16047). The subspecies 
was subsequently listed under the Endangered Species Act (Act) of 1973, 
as amended (16 U.S.C. 1531 et seq.).

Recovery Implementation

    The most significant event in the recovery of the peregrine falcon 
was the restriction placed on the use of organochlorine pesticides. Use 
of DDT was restricted in Canada in 1970 and in the United States in 
1972 (37 FR 13369, July 7, 1972). Restrictions that controlled the use 
of aldrin and dieldrin were imposed in the United States in 1974 (39 FR 
37246, October 18, 1974). Since implementation of these restrictions, 
residues of the pesticides have significantly decreased in many regions 
where they were formerly used. Consequently, reproductive rates in most 
surviving peregrine falcon populations in North America improved, and 
numbers began to increase (Kiff 1988).
    Section 4(f) of the Act directs the Service to develop and 
implement recovery plans for listed species. Recovery teams produced 
four regional recovery plans for the American peregrine falcon in the 
United States. In addition, the Canadian Wildlife Service published an 
Anatum Peregrine Falcon Recovery Plan (Erickson et. al. 1988) for 
American peregrine falcons in Canada. No recovery plan or recovery 
objectives were established for Mexico.
    Several of the recovery plans called for captive-rearing and 
release of falcons in several regions of North America. In the eastern 
United States, where American peregrines were extirpated, the initial 
objective was to reestablish the peregrine through the release of 

[[Page 34407]]
offspring from a variety of wild stocks. Peregrine falcons were raised 
in captivity from parents of various subspecies, including subspecies 
then listed as endangered (anatum, tundrius, peregrinus), unlisted 
subspecies (pealei, brookei, etc.), and combinations thereof. The first 
experimental releases of captive-produced young occurred in 1974 and 
1975 in the United States. Later, reintroduction was also pursued in 
eastern Canada, but breeding stock was limited to pure Falco peregrinus 
anatum. Because the birds released into the eastern United States were 
readily identifiable as peregrine falcons, but were not readily 
identifiable as to subspecies or genetic background, enforcement of the 
taking prohibitions of the Act for listed subspecies was a problem. The 
Service found it difficult to prosecute under section 9 of the Act for 
the take of a listed peregrine falcon because the released stocks of 
listed, unlisted, and mixed-parentage offspring were almost 
indistinguishable. To ensure the protection from illegal take of 
American and arctic (F. p. tundrius) peregrine falcons that may be 
nesting, migrating, or wintering in the lower 48 States, the Service 
designated any free-flying peregrine (Falco peregrinus) found within 
the lower 48 States as Endangered due to Similarity of Appearance in 
accordance with section 4(e) of the Act (49 FR 10520, March 20, 1984), 
thereby extending the taking prohibitions of section 9 to these birds.
    In contrast to eastern populations, small numbers of American 
peregrine falcons in western North American survived the pesticide era 
and all birds released to augment wild populations were pure anatum 
subspecies, maintaining the genetic integrity of the subspecies. In 
Alaska and northwest Canada, populations were locally depressed but 
enough individuals survived the pesticide era that populations began to 
expand without the need for release of captive-bred falcons. Likewise, 
in the southwest United States, very few captive-bred birds were 
released, and populations recovered naturally as a result of 
restrictions on the use of organochlorine pesticides. In southwest 
Canada, the northern Rocky Mountain States, and the Pacific coast 
States, however, local populations were greatly depressed or 
extirpated, and over 3400 young American peregrine falcons were 
released to promote recovery in those areas (Enderson et al., in litt. 
1995).

Recovery Status

    Population growth was noted in the late 1970's in Alaska (Ambrose 
et al. 1988a) and by 1980 in many other areas (Enderson et al., in 
litt. 1995). Although the rate of recovery varied somewhat among 
regions, local populations throughout North America have increased in 
size, and positive trends in all areas suggest that a very large and 
extensive recovery of American peregrine falcons has taken place. 
Following is a summary of the status of American peregrine falcons in 
the five recovery regions.
    Alaskan Recovery Plan (1982)--Recovery objectives are (1) to 
establish a minimum of 28 nesting pairs in two specified study areas 
(the upper Yukon and Tanana Rivers), (2) produce an average of 1.8 
young per territorial pair per year (yg/pr), (3) achieve an average 
organochlorine concentration in eggs of less than 5 ppm (parts per 
million, wet weight basis) DDE, and (4) achieve eggshell thinning 
averaging no more than 10 percent thinner than pre-DDT era eggshells. 
These objectives were to be attained for 5 years before reclassifying 
to threatened status and an additional 5 years before delisting.
    In 1994, 69 nesting pairs were present in the two study areas, and 
biologists estimate that at least 300 pairs currently nest in Alaska 
(R.E. Ambrose, pers. comm., 1995). Productivity surpassed the objective 
for the 14th year in 1994. Average DDE residues decreased from 17.0 ppm 
in 1967 to 4.2 ppm in 1991 (Ambrose et al. 1988b). It is now apparent 
that the 5 ppm objective was very conservative because normal 
reproduction occurred for several years before the average 
concentration declined to 5 ppm. Eggshells were estimated to be as much 
as 20-22 percent thinner statewide than pre-DDT era shells collected in 
the mid-1960's. Although the degree of thinning has gradually decreased 
over time, shells collected in interior Alaska still average 12.5 
percent thinner than pre-DDT era shells, but reproduction has been 
sufficient to allow consistent population growth since the late 1970's. 
Therefore, the objective for eggshell thinning levels also may be 
overly conservative.
    Canadian Recovery Plan (1988)--The Anatum Peregrine Falcon Recovery 
Plan for Canada divides the historical range of the American peregrine 
falcon throughout Canada into three regions subdivided into nine zones. 
The zones are (1) Maritime, (2) Great Lakes, (3) Prairies, (4) 
Mackenzie River Valley, (5) Northern Mountains, (6) Southern Mountains, 
(7) Eastern Mackenzie Watershed, (8) Western Canadian Shield, and (9) 
Eastern Canadian Shield. The objectives of the plan are (1) to 
establish by 1992 a minimum of 10 territorial pairs in each of zones 1 
to 6, and (2) to establish by 1997 in each of 5 of these 6 zones a 
minimum of 10 pairs naturally fledging 15 or more young annually, 
measured as a 5-year average commencing in 1993. No recovery goals were 
established for zones 7, 8, and 9.
    In zones 3 through 6 in western and west central Canada, 206 pairs 
were found between 1990 and 1993, with minimum targets achieved in each 
zone. In east central and eastern Canada, the goal of 10 territorial 
pairs has been surpassed in zone 1, the Maritime, but has not 
apparently been achieved for zone 2, the Great Lakes. Both captive 
releases and natural recruitment have contributed to the current number 
of pairs. An assessment of productivity in these populations will not 
be conducted until 1997. However, based on current population size and 
productivity, with the possible exceptions of zones 2 and 3, it is 
likely that this objective will be met by 1997. It is unclear whether 
or not the second productivity-based goal has been met for zone 1. In 
summary, it appears the goal of 10 territorial pairs has been achieved 
for 5 of the 6 recovery zones.
    Pacific Coast (U.S.) Recovery Plan (1982)--This plan recommends 
that delisting be considered when (1) 185 wild, self-sustaining pairs 
are established with the following distribution: California-120, 
Oregon-30, Washington-30, Nevada-5; and (2) fledging success averages 
1.5 yg/pr for a 5-year period.
    The current Pacific population of American peregrine falcon totals 
approximately 224 pairs, and the State-specific objectives for number 
of pairs have been met. Although close, productivity objectives have 
not been met throughout the Pacific population; however, reproduction 
has been sufficient to maintain a positive population growth. The 
release of captive bred American peregrines into this population ceased 
in 1992, and the effect of releases on population growth and stability 
in this region is not yet known. However, if the current population 
level is maintained or continues to increase, the population could be 
considered self-sustaining. Current reproduction supports an expanding 
population despite high organochlorine residue concentrations and 
associated eggshell thinning in some areas.
    Rocky Mountain/Southwest Population Recovery Plan (revised 1984)--
The objectives for reclassification are (1) a minimum of 183 breeding 
pairs with the following distribution: Arizona 46, Colorado 31, Idaho 
17, Montana 20, Nebraska 1, New Mexico 23, North Dakota--1, South 

[[Page 34408]]
Dakota--1, Texas--8, Utah--21, and Wyoming 14; (2) average production 
of 1.25 yg/pr without manipulation; and (3) eggshell thickness within 
10 percent of pre-DDT eggshells for a 5-year span. When these 
objectives are reached or significant new data are obtained, the 
objectives and species classification would be reassessed.
    Based on 1994 surveys, the current Rocky Mountain/Southwest 
population consists of 559 breeding pairs, surpassing this recovery 
objective by 376 pairs. With the exception of Montana, Idaho, Nebraska, 
and North and South Dakota, all States within the Rocky Mountain/
Southwest population have met their specific recovery goals for 
breeding pairs. Although much of this increase is undoubtedly 
attributable to natural growth, a substantial amount also resulted from 
releases of captive bred young, and an increased survey effort, and a 
gradual increase in the number of breeding areas that have been checked 
for the presence of peregrines. The second objective of 1.25 yg/pr for 
5 years has not been met in all States, but the current reproductive 
level has been sufficient to support considerable population growth. 
Based on degree of recovery achieved and a general trend toward thicker 
eggshells, the original eggshell thickness objective appears 
unnecessary for the recovery.
    Eastern (U.S.) Population Recovery Plan (1979; revised 1985 and 
1991)--This plan reflects some of the earliest scientific 
recommendations regarding peregrine falcon recovery through 
reintroduction of captive bred offspring. Release of progeny of various 
listed and unlisted subspecies, and combinations thereof, commenced in 
the eastern United States in 1974 and 1975. The current plan indicates 
that the peregrine should be considered recovered when a minimum of 20-
25 nesting pairs are established in each of five recovery units and are 
sustained for a minimum of 3 years, and, overall, a minimum of 175-200 
pairs demonstrate successful, sustained nesting. The five recovery 
units are (1) Mid-Atlantic Coast, (2) Northern New York and New 
England, (3) Southern Appalachians, (4) Great Lakes, and (5) Southern 
New England/Central Appalachians.
    Substantial progress has been made toward achieving the recovery 
criteria, with three of the five recovery units (Mid Atlantic Coast, 
Northern New York, and Great Lakes) having surpassed the identified 
target of 20-25 nesting pairs for 3 years. The remaining two units--the 
Southern Appalachians and southern New England/Central Appalachians 
have not done so (10 pairs and 5 pairs respectively, located in 1994), 
and are unlikely to reach their goal in the near future due to great 
horned owl (Bubo virginianus) predation and other factors. Overall, in 
excess of 150 pairs have established nesting territories in the five 
units, and the recovery target of 175-200 pairs will likely be reached 
by 1996 or 1997 (M. Amaral, in litt., 1995).
    Mexico--None of the recovery plans written for peregrine falcons in 
North America established recovery criteria for American peregrine 
falcons that nest in Mexico. Furthermore, there is very little 
historical or recent information on peregrine falcons in Mexico with 
which to accurately assess current status in this area. Most of the 
research that has been conducted took place on the Baja Peninsula and 
in the Gulf of California. It is likely the status of the subpopulation 
is similar to that of the subpopulation occupying similar habitat in 
nearby Arizona (G. Hunt, pers. comm., 1995). There are no recent data 
known to the Service that indicate local American peregrine falcon 
populations in Mexico are declining, are imperiled by organochlorine 
pesticides, or have not recovered in recent years similarly to local 
populations in the United States and Canada.

Summary

    In accordance with 50 CFR 424.11(d), a species may be delisted if 
the best scientific and commercial data available substantiate that 
neither endangered nor threatened status is appropriate because the 
species is recovered, extinct, or the original data for classification 
of the species were in error, and that the five factors presented in 
section 4(a)(1) of the Act are no longer applicable to the species.
    Exposure to organochlorine pesticides caused drastic population 
declines in American peregrine falcons. Following restrictions on the 
use of organochlorines in the United States and Canada, residues in 
eggs declined and reproduction rates improved. Improved reproduction, 
combined with the release of thousands of captive-reared young, has 
allowed the American peregrine falcon to recover. Pesticide residues, 
reproductive rates, and the rate of recovery have varied among regions 
within the vast range of the subspecies. In some areas, such as 
portions of California, the lingering effects of pesticides have caused 
reproductive rates to remain low, and recovery may not yet be complete. 
Point source contamination may cause continued reproductive problems in 
these areas in California, and the recovery in these areas may not be 
complete for many years. In eastern and southwestern Canada, the rate 
of recovery, or onset of recovery, apparently lagged behind most other 
areas within the range of this population segment; but, recent trends 
suggest that historical nest sites will continue to be gradually 
recolonized in this area. Although the recovery of the American 
peregrine falcon is not complete throughout all parts of the historical 
range, those areas in which recovery has been exceptionally slow 
comprise a small portion of the range of the subspecies. Furthermore, 
evidence collected in recent years shows that a combination of 
lingering residues of organochlorines in North America and 
contamination resulting from the continued use of organochlorines in 
Latin America has not prevented a widespread and substantial recovery 
of American peregrine falcons. The Service concludes, therefore, that 
the continued existence of American peregrine falcons is no longer 
threatened by exposure to organochlorine pesticides. The peregrine 
would remain protected by the Migratory Bird Treaty Act, which governs 
the taking, killing, possession, transportation, and importation of 
migratory birds, their eggs, parts, and nests.
    Section 4(g)(1) of the Act requires that the Secretary of the 
Interior, through the Service, implement a monitoring program for at 
least 5 years for all species that have been recovered and delisted. 
The purpose of this requirement is to develop a program that detects 
the failure of any delisted species to sustain itself without the 
protective measures provided by the Act. A monitoring plan for the 
American peregrine will be described in the proposed rule.

Public Comments Solicited

    The Service intends for the forthcoming proposal to remove the 
American peregrine falcon from the Lists of Endangered and Threatened 
Wildlife to be based on complete and accurate information. Therefore, 
the Service hereby solicits data, comments or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, industry, or any other interested party, concerning such a 
proposal. Comments particularly are sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to this subspecies;
    (2) additional information concerning the range, distribution, and 
population size of this subspecies; 

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    (3) current or planned activities in the range of this subspecies 
and their possible impacts on this subspecies;
    (4) data on population trends in Mexico;
    (5) information and comments on the potential impacts of falconry 
upon peregrine falcon populations; and
    (6) information and comments pertaining to a monitoring plan.

References Cited

    A complete list of all references cited herein is available upon 
request from the Ventura Ecological Services Field Office (see 
ADDRESSES section).

Authors

    The primary authors of this notice are Robert Mesta, U.S. Fish and 
Wildlife Service, Ventura, Ecological Services Field Office (see 
ADDRESSES section), (805/644-1766), Ted Swem, U.S. Fish and Wildlife 
Service, Fairbanks Ecological Services Field Office, 1412 Airport Way, 
Fairbanks, Alaska 99701 (907/456-0441), and Susan Lawrence, U.S. Fish 
and Wildlife Service, Division of Endangered Species, Washington, D.C., 
20240 (703/358-2105).

Authority

    The authority for this action is the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).
    Dated: June 23, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-16076 Filed 6-29-95; 8:45 am]
BILLING CODE 4310-55-P