[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Proposed Rules]
[Pages 65165-65166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31478]


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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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