82 FR 42700 - Migratory Birds; Take of Peregrine Falcons for Use in Falconry
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 174 (September 11, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 174 (September 11, 2017)
| Page Range | 42700-42701 | |
| FR Document | 2017-19140 |
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)] [Notices] [Pages 42700-42701] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19140] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-HQ-MB-2017-N136; FF09M21200-178-FXMB1232099BPP0L2] Migratory Birds; Take of Peregrine Falcons for Use in Falconry AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In December 2008, the U.S. Fish and Wildlife Service completed an environmental assessment (EA) on the take of peregrine falcons for use in falconry. In 2009 and 2010, we published notices in the Federal Register describing the take limits and geographic allocation of take for first-year fall-migrant (passage) peregrine falcons consistent with the selected alternative in that EA. The overall take limits have remained constant since 2009. This notice is to inform the public that, at the request of the Atlantic, Mississippi and Central Flyway Councils, we have reviewed recent data and are revising the take limits for passage peregrine falcons beginning in the fall of 2017. FOR FURTHER INFORMATION CONTACT: Brian A. Millsap, National Raptor Coordinator, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, at 505-761-4724; [email protected]. SUPPLEMENTARY INFORMATION: Background The authority of the U.S. Fish and Wildlife Service to govern take of raptors and other migratory birds is derived from the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703-712). In carrying out this responsibility, we have administratively divided the Nation into four Flyways: Atlantic, Mississippi, Central, and Pacific. Each Flyway has a Flyway Council that assists in researching and providing migratory game bird management information. The Federal regulations to carry out the MBTA are located in title 50 of the Code of Federal Regulations. The MBTA prohibits any person from, among other things, taking, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell, raptors (birds of prey) and other migratory birds listed in 50 CFR 10.13, unless the activities are allowed under Federal regulations. Take and possession of raptors for use in falconry is governed by regulations at 50 CFR 21.29. Under the provisions of the Federal falconry regulations, the Service administers a program to approve State, tribal, and territorial falconry programs. Since January 1, 2014, the 48 continental States and Alaska all have approved falconry regulatory programs, and the Service no longer issues permits for the practice of falconry. We completed an environmental assessment (EA) on take of migrant peregrine falcons in 2008 (see 73 FR 74508, December 8, 2008). Our preferred alternative at that time allowed a take of 36 passage peregrine falcons from September 20 through October 20 from anywhere in the United States east of 100 degrees W. longitude. Allocation of the 36 passage peregrine falcons was agreed upon by the Atlantic, Mississippi, and Central Flyway Councils. Our management strategy analyzed in the preferred alternative in the 2008 EA incorporated three important safeguards to ensure against negative impacts from authorized falconry take on peregrine falcons across their range. First, we constrained the timing and location of the falconry captures to focus the take on the northern peregrine [[Page 42701]] falcon management population (i.e., those birds originating from natal areas north of 54 degrees N. latitude), which was known to be healthy and able to sustain take. We constrained captures in this way to minimize take from the eastern and western management populations (i.e., those originating from sites east and west, respectively, of 100 degrees W. longitude and south of 54 degrees N. latitude), which were still recovering from the negative population-level effects of pesticide contamination. We committed to evaluate whether our management strategy effectively focused take on the northern management population by collecting feathers from falconer-captured passage peregrine falcons, and analyzing deuterium levels in those feathers to estimate the latitude of origin. Second, because we lacked credible estimates of the size of the northern passage peregrine falcon population in 2008, we consulted with the Canadian Wildlife Service and adopted an extremely conservative estimate of the number (i.e., 3,590) of passage peregrine falcons for the northern management population. We derived this estimate from the number of known breeding pairs in the Arctic. Finally, in our EA and in subsequent Federal Register notices (74 FR 36253, July 22, 2009; 75 FR 56555, September 16, 2010), we committed to reviewing data on peregrine falcons in the future at the request of the Flyway Councils to reassess the allowable take limits if data required or supported a change. New Information We have reviewed two recent scientific analyses that provide important new information relevant to the take of passage peregrine falcons. First, Franke (2016) used a mark-recapture model to generate an improved data-based estimate of the average number of passage peregrine falcons produced in the northern management population annually. Franke's (2016) data-based estimate of 21,000 is more than five times greater than the number we used to set take limits in the 2008 EA. Second, the Service and cooperators completed the analysis of deuterium levels in passage peregrine falcons captured in fall within the prescribed take area. The deuterium level analysis shows that the management strategy outlined in the 2008 EA is likely resulting in more than 75 percent of the falconer take coming from the northern peregrine falcon management population (Franke et al. 2017). This outcome is more protective than the objective outlined in the 2008 EA, which was that at least 65 percent of the passage peregrine falcons taken by falconers must originate from the northern management population. Overall, peregrine falcon populations remain healthy across North America, and indices such as the Breeding Bird Survey (BBS) show the continental population increasing (BBS index for the period 2005-2015 = 6.4 percent per year, with a 95 percent credible interval of 0.45-13.45 percent) and no regional populations appear to be declining (Sauer et al. 2017). The Atlantic, Mississippi, and Central Flyway Councils reviewed this new information in 2017 and formally requested that we reevaluate and revise the passage peregrine falcon take limits based on the updated estimate of the number of passage peregrine falcons produced annually in the northern management population. Further, the Flyway Councils requested that we use the 10th quantile (i.e., 18,000) of the probability distribution for the updated mean annual number of passage peregrine falcons exposed to take rather than the mean value (i.e., 21,000). By using the 10th quantile, we expect there to be a 90 percent chance that the actual number is larger and, therefore, that we remain protective against overexploitation and account for the uncertainty in the production estimate. We undertook the analyses requested by the Flyway Councils by substituting 18,000 (the updated production estimate for the northern peregrine falcon management population) for 3,590 (the production estimate used in the 2008 EA) in the same models and using the same population-specific take rates as specified under the preferred alternative in the 2008 EA. The updated analysis indicates that 144 passage peregrine falcons may be taken annually by falconers east of the 100th meridian between September 20 and October 20 consistent with the management strategy and the objectives of the selected alternative in the 2008 EA. In accordance with these findings, and consistent with the Flyway Councils' request, this notice announces that the annual take limits for passage peregrine falcons starting in the fall of 2017 will increase from 36 to 144, to be divided equally between the Atlantic, Mississippi, and Central Flyways (i.e., 48 per flyway). The sole basis for this increase is the updated estimate for the northern management population. Thus, we consider this increase to be a technical update to incorporate new and better data. All other provisions outlined in the 2008 EA remain in effect (e.g., the take rates and management objectives are unchanged, the take season remains September 20 to October 20 annually, and the take of passage peregrine falcons is restricted to areas in the United States east of 100 degrees W. longitude). Therefore, the environmental impact of authorizing take of passage peregrine falcons under the preferred alternative will remain unchanged from that analyzed in the 2008 EA. Because this assessment addresses only take east of 100 degrees W. longitude, the general provisions for take of peregrine falcons west of 100 degrees W. longitude remain as described in our 2010 Federal Register notice (75 FR 56555, September 16, 2010). We will continue to review peregrine falcon population and take data for Canada, the United States, and Mexico every 5 years, or at the request of the Flyway Councils, to reassess the allowable take limits. We will publish a notice in the Federal Register if we determine that the take limits for peregrine falcons should be changed again in the future. Literature Cited Franke, A. 2016. Population estimates for Northern juvenile peregrine falcons with implications for harvest levels in North America. Journal of Fish and Wildlife Management 7:36-45. Franke, A., J. Duxbury, H. Qi, T. Coplen, G.L. Holroyd, and B.A. Millsap. 2017. U.S. Fish and Wildlife Service report: hydrogen stable isotope analysis of peregrine falcons in the United States. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, Washington, DC. Sauer, J.R., D.K. Niven, J.E. Hines, D.J. Ziolkowski, K.L. Pardieck, J.E. Fallon, and W.A. Link. 2017. The North American Breeding Bird Survey, Results and Analysis 1966-2015, Version 2.07.2017. https://www.mbr-pwrc.usgs.gov/cgi-bin/atlasa15.pl?03560&1&15&csrfmiddlewaretoken=3YKakk7LxT2ki6NSpl4mstudYCqdW02C. Dated: August 24, 2017. Gregory J. Sheehan, Principal Deputy Director,U.S. Fish and Wildlife Service. [FR Doc. 2017-19140 Filed 9-8-17; 8:45 am] BILLING CODE 4333-15-P
![42700 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices
a DDA in 2019 or 2020. A complete QAP. The second phase of Project F is, and are revising the take limits for
application for tax-exempt bond therefore, NOT eligible for the increase passage peregrine falcons beginning in
financing for Project D is filed with the in basis accorded a project in a 2018 the fall of 2017.
bond-issuing agency on October 30, DDA, since it does not meet all of the FOR FURTHER INFORMATION CONTACT:
2018. Bonds are issued for Project D on conditions for a multiphase project, as Brian A. Millsap, National Raptor
April 30, 2020, but Project D is not defined in this notice. The original Coordinator, Division of Migratory Bird
placed in service until January 30, 2021. application for credits for the first phase Management, U.S. Fish and Wildlife
Project D is eligible for the increase in did not describe the multiphase Service, at 505–761–4724; brian_
basis available to projects located in composition of the project. Also, the millsap@fws.gov.
2018 DDAs because: (1) One of the two application for credits for the second SUPPLEMENTARY INFORMATION:
events necessary for triggering the phase of Project F was not made in the
effective date for buildings described in year immediately following the first Background
section 42(h)(4)(B) of the IRC (the two phase application year. The authority of the U.S. Fish and
events being bonds issued and buildings Wildlife Service to govern take of
placed in service) took place on April X. Environmental Impact
raptors and other migratory birds is
30, 2020, within the 730-day period This notice involves the derived from the Migratory Bird Treaty
after a complete application for tax- establishment of fiscal requirements or Act (MBTA; 16 U.S.C. 703–712). In
exempt bond financing was filed, (2) the procedures that are related to rate and carrying out this responsibility, we have
application was filed during a time cost determinations and do not administratively divided the Nation into
when the location of Project D was in a constitute a development decision four Flyways: Atlantic, Mississippi,
DDA, and (3) both the issuance of the affecting the physical condition of Central, and Pacific. Each Flyway has a
bonds and placement in service of specific project areas or building sites. Flyway Council that assists in
Project D occurred after the application Accordingly, under 40 CFR 1508.4 of researching and providing migratory
was submitted. the regulations of the Council on game bird management information.
(Case E) Project E is a multiphase Environmental Quality and 24 CFR
project located in a 2018 DDA that is The Federal regulations to carry out the
50.19(c)(6) of HUD’s regulations, this MBTA are located in title 50 of the Code
NOT a designated DDA or QCT in 2019. notice is categorically excluded from
The first phase of Project E received an of Federal Regulations.
environmental review under the The MBTA prohibits any person from,
allocation of credits in 2018, pursuant to National Environmental Policy Act of
an application filed March 15, 2018, among other things, taking, possessing,
1969 (42 U.S.C. 4321). purchasing, bartering, selling, or
which describes the multiphase
composition of the project. An Dated: August 29, 2017. offering to purchase, barter, or sell,
application for tax credits for the second Todd M. Richardson, raptors (birds of prey) and other
phase of Project E is filed with the Deputy Assistant Secretary, Office of Policy migratory birds listed in 50 CFR 10.13,
allocating agency by the same entity on Development, Office of Policy Development unless the activities are allowed under
March 15, 2019. The second phase of and Research. Federal regulations. Take and
Project E is located on a contiguous site. [FR Doc. 2017–19188 Filed 9–8–17; 8:45 am] possession of raptors for use in falconry
Credits are allocated to the second BILLING CODE 4210–67–P is governed by regulations at 50 CFR
phase of Project E on October 30, 2019. 21.29. Under the provisions of the
The aggregate amount of credits Federal falconry regulations, the Service
allocated to the two phases of Project E DEPARTMENT OF THE INTERIOR administers a program to approve State,
exceeds the amount of credits that may tribal, and territorial falconry programs.
be allocated to an applicant in one year Fish and Wildlife Service Since January 1, 2014, the 48
under the allocating agency’s QAP and continental States and Alaska all have
[FWS–HQ–MB–2017–N136; FF09M21200– approved falconry regulatory programs,
is the reason that applications were 178–FXMB1232099BPP0L2]
made in multiple phases. The second and the Service no longer issues permits
phase of Project E is, therefore, eligible for the practice of falconry.
Migratory Birds; Take of Peregrine
for the increase in basis accorded a We completed an environmental
Falcons for Use in Falconry
project in a 2018 DDA, because it meets assessment (EA) on take of migrant
all of the conditions to be a part of a AGENCY: Fish and Wildlife Service, peregrine falcons in 2008 (see 73 FR
multiphase project. Interior. 74508, December 8, 2008). Our preferred
(Case F) Project F is a multiphase ACTION: Notice. alternative at that time allowed a take of
project located in a 2018 DDA that is 36 passage peregrine falcons from
NOT a designated DDA in 2019 or 2020. SUMMARY: In December 2008, the U.S. September 20 through October 20 from
The first phase of Project F received an Fish and Wildlife Service completed an anywhere in the United States east of
allocation of credits in 2018, pursuant to environmental assessment (EA) on the 100 degrees W. longitude. Allocation of
an application filed March 15, 2018, take of peregrine falcons for use in the 36 passage peregrine falcons was
which does not describe the multiphase falconry. In 2009 and 2010, we agreed upon by the Atlantic,
composition of the project. An published notices in the Federal Mississippi, and Central Flyway
application for tax credits for the second Register describing the take limits and Councils. Our management strategy
asabaliauskas on DSKBBXCHB2PROD with NOTICES
phase of Project F is filed with the geographic allocation of take for first- analyzed in the preferred alternative in
allocating agency by the same entity on year fall-migrant (passage) peregrine the 2008 EA incorporated three
March 15, 2020. Credits are allocated to falcons consistent with the selected important safeguards to ensure against
the second phase of Project F on alternative in that EA. The overall take negative impacts from authorized
October 30, 2020. The aggregate amount limits have remained constant since falconry take on peregrine falcons across
of credits allocated to the two phases of 2009. This notice is to inform the public their range.
Project F exceeds the amount of credits that, at the request of the Atlantic, First, we constrained the timing and
that may be allocated to an applicant in Mississippi and Central Flyway location of the falconry captures to
one year under the allocating agency’s Councils, we have reviewed recent data focus the take on the northern peregrine
VerDate Sep<11>2014 16:34 Sep 08, 2017 Jkt 241001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1](https://thefederalregister.org/doc/82_FR_42874/page/1.svg)
![Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices 42701
falcon management population (i.e., EA, which was that at least 65 percent are unchanged, the take season remains
those birds originating from natal areas of the passage peregrine falcons taken September 20 to October 20 annually,
north of 54 degrees N. latitude), which by falconers must originate from the and the take of passage peregrine
was known to be healthy and able to northern management population. falcons is restricted to areas in the
sustain take. We constrained captures in Overall, peregrine falcon populations United States east of 100 degrees W.
this way to minimize take from the remain healthy across North America, longitude). Therefore, the
eastern and western management and indices such as the Breeding Bird environmental impact of authorizing
populations (i.e., those originating from Survey (BBS) show the continental take of passage peregrine falcons under
sites east and west, respectively, of 100 population increasing (BBS index for the preferred alternative will remain
degrees W. longitude and south of 54 the period 2005–2015 = 6.4 percent per unchanged from that analyzed in the
degrees N. latitude), which were still year, with a 95 percent credible interval 2008 EA. Because this assessment
recovering from the negative of 0.45–13.45 percent) and no regional addresses only take east of 100 degrees
population-level effects of pesticide populations appear to be declining W. longitude, the general provisions for
contamination. We committed to (Sauer et al. 2017). take of peregrine falcons west of 100
evaluate whether our management The Atlantic, Mississippi, and Central degrees W. longitude remain as
strategy effectively focused take on the Flyway Councils reviewed this new described in our 2010 Federal Register
northern management population by information in 2017 and formally notice (75 FR 56555, September 16,
collecting feathers from falconer- requested that we reevaluate and revise 2010).
captured passage peregrine falcons, and the passage peregrine falcon take limits We will continue to review peregrine
analyzing deuterium levels in those based on the updated estimate of the falcon population and take data for
feathers to estimate the latitude of number of passage peregrine falcons Canada, the United States, and Mexico
origin. produced annually in the northern every 5 years, or at the request of the
Second, because we lacked credible management population. Further, the Flyway Councils, to reassess the
estimates of the size of the northern Flyway Councils requested that we use allowable take limits. We will publish a
passage peregrine falcon population in the 10th quantile (i.e., 18,000) of the notice in the Federal Register if we
2008, we consulted with the Canadian probability distribution for the updated determine that the take limits for
Wildlife Service and adopted an mean annual number of passage peregrine falcons should be changed
extremely conservative estimate of the peregrine falcons exposed to take rather again in the future.
number (i.e., 3,590) of passage peregrine than the mean value (i.e., 21,000). By
falcons for the northern management using the 10th quantile, we expect there Literature Cited
population. We derived this estimate to be a 90 percent chance that the actual Franke, A. 2016. Population estimates for
from the number of known breeding number is larger and, therefore, that we Northern juvenile peregrine falcons with
pairs in the Arctic. remain protective against implications for harvest levels in North
Finally, in our EA and in subsequent overexploitation and account for the America. Journal of Fish and Wildlife
Federal Register notices (74 FR 36253, uncertainty in the production estimate. Management 7:36–45.
July 22, 2009; 75 FR 56555, September We undertook the analyses requested by Franke, A., J. Duxbury, H. Qi, T. Coplen, G.L.
Holroyd, and B.A. Millsap. 2017. U.S.
16, 2010), we committed to reviewing the Flyway Councils by substituting Fish and Wildlife Service report:
data on peregrine falcons in the future 18,000 (the updated production estimate hydrogen stable isotope analysis of
at the request of the Flyway Councils to for the northern peregrine falcon peregrine falcons in the United States.
reassess the allowable take limits if data management population) for 3,590 (the U.S. Fish and Wildlife Service, Division
required or supported a change. production estimate used in the 2008 of Migratory Bird Management,
EA) in the same models and using the Washington, DC.
New Information Sauer, J.R., D.K. Niven, J.E. Hines, D.J.
same population-specific take rates as
We have reviewed two recent specified under the preferred alternative Ziolkowski, K.L. Pardieck, J.E. Fallon,
scientific analyses that provide and W.A. Link. 2017. The North
in the 2008 EA. American Breeding Bird Survey, Results
important new information relevant to The updated analysis indicates that and Analysis 1966–2015, Version
the take of passage peregrine falcons. 144 passage peregrine falcons may be 2.07.2017. https://www.mbr-
First, Franke (2016) used a mark- taken annually by falconers east of the pwrc.usgs.gov/cgi-bin/atlasa15.
recapture model to generate an 100th meridian between September 20 pl?03560&1&15&csrfmiddlewaretoken=3
improved data-based estimate of the and October 20 consistent with the YKakk7LxT2ki6NSpl4mstudYCqdW02C.
average number of passage peregrine management strategy and the objectives Dated: August 24, 2017.
falcons produced in the northern of the selected alternative in the 2008 Gregory J. Sheehan,
management population annually. EA. In accordance with these findings,
Franke’s (2016) data-based estimate of Principal Deputy Director,U.S. Fish and
and consistent with the Flyway Wildlife Service.
21,000 is more than five times greater Councils’ request, this notice announces
than the number we used to set take [FR Doc. 2017–19140 Filed 9–8–17; 8:45 am]
that the annual take limits for passage
limits in the 2008 EA. Second, the BILLING CODE 4333–15–P
peregrine falcons starting in the fall of
Service and cooperators completed the 2017 will increase from 36 to 144, to be
analysis of deuterium levels in passage divided equally between the Atlantic,
peregrine falcons captured in fall within DEPARTMENT OF THE INTERIOR
Mississippi, and Central Flyways (i.e.,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the prescribed take area. The deuterium 48 per flyway). Bureau of Indian Affairs
level analysis shows that the The sole basis for this increase is the
management strategy outlined in the updated estimate for the northern [178A2100DD/AAKC001030/
2008 EA is likely resulting in more than management population. Thus, we A0A501010.999900 253G]
75 percent of the falconer take coming consider this increase to be a technical
Advisory Board for Exceptional
from the northern peregrine falcon update to incorporate new and better
Children; Public Meeting
management population (Franke et al. data. All other provisions outlined in
2017). This outcome is more protective the 2008 EA remain in effect (e.g., the AGENCY: Bureau of Indian Affairs,
than the objective outlined in the 2008 take rates and management objectives Interior.
VerDate Sep<11>2014 16:34 Sep 08, 2017 Jkt 241001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1](https://thefederalregister.org/doc/82_FR_42874/page/2.svg)
Document Created: 2017-09-09 00:03:47
Document Modified: 2017-09-09 00:03:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Brian A. Millsap, National Raptor Coordinator, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, at 505-761-4724; [email protected] | |
| FR Citation | 82 FR 42700 |
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